Resolution Number 95-2-7-1MW
RESOLUTION NO. 95-2-7-1
' CERTIFICATION OF HAZARDOUS WASTE CLEARANCE
LOT I I. TRACT 50 (MULTI -MODAL PARKING LOT/DiMAIO)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING THAT ALL REASONABLE
STEPS HAVE BEEN TAKEN TO COMPLY WITH CALIFORNIA
TRANSPORTATION COMMISSION RESOLUTION G-91-2 (LOT 11, TRACT
50 - MULTI -MODAL PARKING LOT/DiMAIO)
WHEREAS, the California Transportation Commission is the approving authority
for Transit Capital Improvement Program Funds; and,
WHEREAS, by Resolution No. 94-4-5-2, the City Council of the City of San Juan
Capistrano approved a request to revise project scope and project funding for the Multi -Modal
Parking Deck, and,
WHEREAS, by Resolution G-91-2, the California Transportation Commission
requires City certification of review of possible hazardous waste; and,
WHEREAS, the City of San Juan Capistrano has reviewed the Report, dated
. January 13, 1995, by Huntingdon Engineering and Environmental, Inc., prepared on behalf of the
City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano that Lot 11 of Tract 50 has been fully reviewed by the City for hazardous wastes and
that none have been found, and that hazardous wastes identified subsequent to title transfer to the
City will be cleaned up by the seller or a mechanism to recover cleanup costs will be established and
executed as a condition prior to title transfer, and that if the property is discovered to have hazardous
waste which exceed the Federal/State standards, these will be cleaned up to the satisfaction of the
responsible local, State and/or Federal regulatory agency. The appropriate regulatory agency shall
certify to the City that the cleanup has been completed.
BE IF FURTHER RESOLVED, that the City hereby certifies by formal resolution
to the California Transportation Commission that all reasonable steps have been completed to assure
full due diligence in the discovery of hazardous waste prior to the proposed acquisition of the
property and the State is held harmless from cleanup liability or damages, both present and future.
BE IT FURTHER RESOLVED, that the City hereby certifies to the California
Transportation Commission that the property proposed to be acquired has been investigated and has
been found clean.
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ME,
BE IT FURTHER RESOLVED, that the City hereby certifies by formal Resolution
that it will not seek further State funding for cleanup, damages, or liability cost associated with
hazardous wastes on or below acquired property's surface.
BE IT FURTHER RESOLVED, that the City will certify to the Commission that
the seller from whom the property will be acquired retains liability for any hazardous waste
investigation and/or cleanup and damages discovered subsequent to the transfer of title.
PASSED, APPROVED, AND ADOPTED this 7th day of
February 1995.
ATTEST:
CITY CLERK
CAROL ASH, MAYOR
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085
' STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
95-2-7-1 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 7th day of February 1995, by the
following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JGHNgbN, CITY CLERK
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