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HomeMy WebLinkAbout08 COMM RAIL STATION 08-18-97NO. 8 8-18-97 DATE' AUGUST 18, 1997 Inter-Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM' COMMUNITY DEVELOPMENT DEPARTMENT SUBJEC~ HAZARDOUS WASTE CERTIFICATION FOR THE COMMUTER RAIL STATION SITE RECOMMENDATION That the City Council adopt Resolution No. 97-88 certifying that the property being acquired for the Tustin Commuter Rail Station site does not exceed state and federal hazardous waste standards. FISCAL IMPACT Failure to adopt Resolution No. 97-88 could compromise the City's eligibility for $1,007,500 in Transit Capital Improvement funds designated for the development and implementation of the Tustin Commuter Rail Station. BACKGROUND/DISCUSSION In October 1995, the City of Tustin made application to the California Transportation Commission for Transit Capital Improvement (TCI) Program funds in the amount of $1,007,500. The funds were awarded to Tustin in April 1996 partially to fund the right of way design and construction of the Tustin Commuter Rail Station. As a TCI grant applicant/awardee, the City of Tustin is required to certify, by formal resolution, that the site being acquired has been tested for the absence or presence of hazardous waste, that waste is removed if necessary, or that any hazardous waste on site does not exceed federal/state standards. On March 26, 1997, the City of Tustin executed a Consultant Services Agreement with Converse Environmental West to perform a City Council Report Commuter Rail Station Hazardous Waste Certification August 18, 1997 Page 2 Phase I and Phase II Environmental Site Assessment on the site of the future Tustin Commuter Rail Station. The purpose of the environmental assessment was to determine the presence of hazardous waste or contaminants on the site. The environmental assessments completed on July 11, 1997 included historical research, interviews, trenching, geoprobes, samplings and laboratory analyses. The reports concluded that there was not significant environmental concern in the area investigated and subsurface soils and/or groundwater has not been impacted. Resolution No. 97-88 certifies that based on the Phase I and Phase II Environmental Site Assessment reports, the Tustin Commuter Rail Station site does not exceed State or Federal hazardous waste standards; and exempts the California Transportation Commission from future liability resulting from the discovery of hazardous waste on the site; and resolves that the City of Tustin will not seek state funding for cleanup or damage costs if hazardous waste is discovered at a future time. Rmta T 'West~~' ' Assistant Director Community Development Director RTW: kbm\crhazwas, rw Attachment: Resolution No. 97-88 1 RESOLUTION NO. 97-88 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THAT THE PROPERTY BEING ACQUIRED FOR THE TUSTIN COMMUTER RAIL STATION SITE DOES NOT EXCEED STATE AND FEDERAL HAZARDOUS WASTE STANDARDS. The City Council of the City of Tustin does hereby resolVe as follows: WHEREAS, the City of Tustin has prepared an application for Fiscal Year 1996-1997 Transit Capital Improvement Funds for the Tustin Commuter Rail Project; and WHEREAS, the State has instituted a Uniform Transit Application which requires certifications by the City for items as part of the application process; and WHEREAS, the California TranSportation Commission requires grant applicants to certify by formal resolution that all responsible steps have been completed to assure discovery of hazardous waste during the acquisition of rail right of way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin requests and certifies the following: Section 1. That the City of Tustin required the preparation of a Phase I and Phase II Environmental Site Assessment prior to the acquisition of the 3.6 acre Tustin Commuter Rail Station site. Section 2. That the results of the Phase I and Phase II Assessment determined that further subsurface environmental investigation work is not warranted. Section 3. That the City of Tustin will not seek state funding for cleanup, damages or liability costs associated with subsequent discovery of hazardous waste. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 18th day of August, 1997. JEFFERY M. THOMAS MAYOR Pamela Stoker City Clerk