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HomeMy WebLinkAbout102-Resolution.pdfRESOLUTION NO. ______ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CERTIFYING TO THE CALIFORNIA TRANSPORTATION COMMISSION THAT NO ADDITIONAL STATE FUNDING SHALL BE REQUESTED ASSOCIATED WITH HAZARDOUS WASTE REMOVAL AS A PART OF THE CONSTRUCTION OF THE HIGHWAY 9 SAFETY IMPROVEMENT PROJECT, PHASE III WHEREAS, the City is seeking allocation of $460,851 in Proposition 116 funds for the construction of the Highway 9 Bicycle Safety Improvement Project, Phase III; and WHEREAS, on June 30/July 1, 2010 the California Transportation Commission (CTC) conditionally approved said allocation, subject to the City satisfying criteria established by CTC with respect to hazardous wastes within the project site; and WHEREAS, The City has conducted an Initial Study/Negative Declaration and concluded that the project site does not lie within or adjacent to a hazardous materials site; and WHEREAS, subsurface hazardous wastes that may have migrated from off site are the responsibility of the off site property owner; and WHEREAS, the City Council acknowledges that this action is not a project pursuant to Section 15378 of the CEQA Guidelines, which defines a project as an action which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change. Any future project will be subjected to the appropriate environmental review at the time it is submitted. NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL OF THE CITY OF SARATOGA as follows: 1. The City of Saratoga certifies that all reasonable steps have been taken to assure full due diligence in the discovery of hazardous wastes on or below the Highway 9 Safety Improvement Project, Phase III construction site and that additional State funds will not be sought for cleanup, damages, or liability costs associated with such hazardous waste. Passed and adopted on ______________, 2010 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: ______________________ Kathleen King, Mayor City of Saratoga Attest: _______________________ Ann Sullivan, City Clerk