HomeMy WebLinkAbout18495 - RESOLUTIONS - 10/19/1994 RESOLUTION NO. 18495
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, CERTIFYING THAT THE CITY HAS
EXERCISED DUE DILIGENCE IN CONDUCTING THE
HAZARDOUS WASTE INVESTIGATION OF THE RAIL
RIGHT-OF-WAY PROPERTIES FOR THE TRAIN STATION '
AND THE PROPERTIES HAVE BEEN FOUND TO 13E CLEAN
AND THAT THE CITY INDEMNIFIES AND HOLDS
HARMLESS THE STATE OF CALIFORNIA FROM'THE COST
OF CLEAN-UP IF HAZARDOUS WASTE IS SUBSEQUENTLY
FOUND
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WHEREAS, the California Transportation Commission approved an application for
Transit Capital Improvement matching funds during the fiscal year 93/94 for a train station
project to be located at Indian Canyon and Garnet Station Road in the County of Riverside; and
WHEREAS, City staff has contracted with Earth Systems Consultants of Bermuda Dunes,
California, to conduct an environmental site assessment of the train station property and found
no evidence of the presence of hazardous waste at the site, including, the rail right-of-way; and
WHEREAS, the City is currently negotiating with Southern Pacific Transportation
Company regarding the terms of acquisition for rail right-of-way property for the: construction
for the Palm Springs Train Station; and
WHEREAS,the California Transportation Commission's Policy Resolution for Hazardous '
Waste Identification and Clean-up for Rail Right-of-Way requires giant agencies to certify that
all rail right-of-way acquisition properties have been investigated and have been found clean and
the state is indemnified and held harmless from all current and clean-up liability and damages,
and that the agency will not seek: state funds for clean-up, damages, or liability costs.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of Palm
Springs, as follows:
Section 1: The City certifies that it has exercised fiill due diligence in the
investigation for hazardous waste of the rail right-of-way property at Indian
Canyon Drive and Garnet Station Road for the construction and operation
of the Palm Springs Train Station and has found said properly to be clean.
Section 2: The City of Palm Springs certifies that the State of California is
indemnified and held harmless from all current and clean-up liability and
damages, .and that the City will not seek state transportation funds for
clean-up, damages, or liability costs.
ADOPTED this 19th day of October. 1994.
AYES: Members Hodges, IKleindienst, Lyons, Reller-Spurgin & Mayor Maryanov '
NOTES: None
ABSENT: None
ATTEST- CITY OF PA M PRINGS L IA
c
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By . �_ i
J City Clerk City Manager
REVIEWED AND APPROVED