HomeMy WebLinkAbout2001-04-10 - AGENDA REPORTS - SC FOR PLAN ENVIR VS COUNTY LA (2)CITY OF SANTA CLARITA
AGENDA REPORT
City Manager
Item to be prey
UNFINISHED BUSINESS
DATE: April 10, 2001
SUBJECT: SANTA CLARITA ORGANIZATION FOR PLANNING THE
ENVIRONMENT, ET AL. VS. COUNTY OF LOS ANGELES, ET AL.
DEPARTMENT: City Attorney
RECOMMENDED ACTION
1. City Council rescind action taken on March 27, 2001.
2. City Council authorize City Attorney to file Complaint in Intervention in the
Lawsuit.
BACKGROUND
Santa Clarita Organization for Planning the Environment, and Friends of the Santa Clara
River filed on January 30, 2001, a Petition for Writ of Mandate under the California
Environmental Quality Act and the Planning and Zoning law, naming the County of Los
Angeles as the Respondent and Newhall Land and Farming Company and Valencia
Corporation as the Real Parties in Interest ("Lawsuit"). The Lawsuit relates to the
environmental review of the Decoro Bridge and what is referred to as the "Haul Route." On
March 27, 2001, our office became aware for the first time that the Court had issued or was
about to issue a Temporary Restraining Order in this matter with regard to both the Decoro
Bridge and the Haul Route.
Decoro Drive was originally designated as a Secondary Arterial in the Los Angeles County
Master Plan of Highways. When the City of Santa Clarita incorporated in 1987 and the
City's General Plan Circulation Element adopted, the alignment and designation of Decoro
Drive was maintained. The City s Circulation Element designates this roadway as a four -
lane Secondary Arterial, between Seco Canyon Road and Copper Hill Drive. This bridge is
also included in the Valencia Bridge and Thoroughfare District. See the Master Plan of
Highway & Roadway System from the General Plan - Circulation Element (1997) attached
hereto as Exhibit "A" (entire City) and Exhibit `B" (close up of Decoro Drive and
surrounding streets).
Decoro Drive is currently constructed between Seco Canyon Road and McBean Parkway
and between Dickason Drive and Copper Hill Drive. The bridge is necessary for the
connection between McBean Parkway and Dickason Drive and is a required Condition of
n'
A . Agenda Item:
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A`ilr'f'��i7
Approval for both North Valencia Annexation and North Valencia II Annexation. It is
Projected to carry approximately 22,000 vehicles per day at buildout of the City's General
Plan.
Regarding the Haul Route, attached as Exhibit "C" is a Location Map depicting specific
areas. In the northern portion of the Location Map, there are two locations with hatched
bars depicting the locations for the temporary crossings ("Haul Route") across San
Francisquito Creek. The approximate location for the proposed Rio Norte School Site is to
the west of the Haul Route. The Haul Route would be used to transport dirt from West
Creek at the school site ("Borrow Site") across the Haul Route to East Creek ("Fill Site"). In
the absence of the Haul Route, Newhall Land would be required to burden local public
streets by transporting the dirt by truck.
At its meeting on March 27, 2001, we recommended that the City Council authorize our
office to file an Application with the Court to intervene in the Lawsuit either as an
intervenor or an amicus curiae, whichever was deemed appropriate by the Court. The City
Council authorized us to proceed in response to that recommendation. Code of Civil
Procedure §387(a) allows any person, including a city, who has an interest in the matter in
litigation to intervene in the action. There is no express statutory authority for a person to
be considered as an "amicus curiae" at the trial court level.
In order to avoid any claimed ambiguity with regard to the direction given the City Council
at its meeting on March 27, 2001, it is recommended that the City Council rescind its action
taken on March 27, 2001, and authorize our office to file a Complaint in Intervention in the
Lawsuit.
ALTERNATIVE ACTIONS
1. The City Council could decide not to rescind its action of March 27, 2001.
2. The City Council could rescind its action of March 27, 2001, and not authorize
intervention in the Lawsuit.
FISC_ AL IMPACT
Legal expenses to intervene in the Lawsuit.
ATTA HMENTS (Exhibits)
A. Master Plan of Highway and Roadway System, General Plan -- circulation element
(1997);
B. Closeup of Master Plan of Highway and Roadway System, General Plan --
circulation element (1997);
C. Location Map depicting proposed locations for temporary crossing ("Haul Road");
D. Copy of Order on Ex Parte Application for Temporary Restraining Order and Order
to Show Cause filed March 28, 2001.
E. Memorandum of County of Los Angeles Department of Public Works
dated August 19, 1999.
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APR- 4-01 WED 11:03 BURKE WILLIAMS FAX H0. 18054829834
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1 KATE M. N�5 WRNDER (State Bar No. 133234)
LAW OFFiCB OF RM. NEISWBNDra
Post Office Box 24617
Ventura, California 93002
voice: 805/649-5575
AV, 9051649-41RR
ALYSE M. LAZAR (State Bar No. 092796)
LAW OFFICE OF ALYSE M. LAZAR
3075 E. Thousand Oaks Sivd., Ste. 100
Westlake Village, California 93162
voice: 805/496.5390
AX: 805/496-7462,.
UPPRcot ion LOUR R.:
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Attorney
A CLr
Petitionej
SANTA ARMA ORG
THE >:NVIItONMBNT er,dA pZATION POR PLANNING
RENDS OF THE SANTA CLARA RIVER
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR Ta COUNTY OF VENTURA .
SANTA CLARITA ORGANIZATION FOR )
FRI1 "S OF TBE PLANN'Ne THE �gO a,�' arid )
V. Petitioners, )
)
TIB COLWTY OF LOS ANGELES, et 41, )
Respondents.
'E WHALL LAND AND FARMING COMPANY,
tl, et)
)
Real Parties in Interest.
)
)
CASE NO. CIV 201313
ORDER ON EX PARTE
APPLICATION FOR
TEMPORARY RESTRAEIING
ORDER AND ORDER TO SHOW
CAUSE
Dara March 19, 2001
Time: 8:30 a.m.
Place: Dept. 42
On March 19, 2001 at 8;30 a,m., this matter carne on for hearing in Department 42 of the
Ventura County Superior Court, the Honorable Frederick Bysshe, presiding. Kate Neiswepder and
Alyse Lazar appeared for petitioners; Peter Guit,wrez of the Los Angeles County Counsel's Office
EXHIBIT D " _1_
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BURKE WILLIAMS
FAX N0, 18054829834
P. 03
Appeared for Respondent County of Los Angeles; Robert McMurry and Allan Ickowltrti
Guthner, Knox & Elliot, appeared for Real parties .in Interest, Valencia Corporation sed ofNosseman,
Newhall Land
WW Farming Company.
After a review of the papers and pleadings on file in this action, and after consideration of
testimony, evidence and the arguments presentede artier the
�' thp Corot rules as follows;
ill The Court issues the
following Terrrpotary Restrains
ng Order: Ali construction on the
Dego Bridge and the "haul road" across San Francs uito Creek b
` y , >1t eal Parties in Interest, their
Writs, assigns, oremplgyeq, immediatel ..
Y cease. the term consttpction" as used herein means
I
rading, earth -moving, the pouting ofconcrete or the use hofany construction equipment in or around
No bond shag the San sncisquito Creek, in connection with coosttuctioa ofthe 1)ecor�i Bridge and the "haul road_
all be required of petitioners to elle
civate the terms of this Temporary ,Rc� ai ft order.
(21 Eaof the partios,shall btigftho isaue•ofwhether
the D$ooXo Bridge can be built' under
authorizations independent ofthe West Creek HIR and County approvals in connection with the West
Creek projsct application• AU partW shall submit their
papers to the Court (and too n8
by facsimile) on or before 5:00 m. pPosi counsel
P• on March 2s, 2pp1, any rebuttal may be presented to the Court
(acrd to opposing counsel by facsimile) before 5:00
p_nt on March 30, 2001, D1e parties app
in Department 42 at 8:30 a,m. on ear
April 2, 2001 &r a hearing on this issue.
(3) Petitioners' Motion for Preliminary IrgunMlon $hall be heard on April 30, 2001, if after the
April 2, 20001 hearing, the Court determines it is appropriate to move forward on said motion, .
petitioners' Motion forAreG
mInary Injunction shall be deemed filed as of this date, Respondent and
Leal Parties have unUi April 20, 2001 to file any opposition. Petitioners have until April25, 2001 to
le their reply. .
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FAX N0, 18054829834 P-04
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` (4) This taatraining order ahatl dissolve and shall ba ofno further force and effect on APS 2.
2001 unless extended b the ring on Patito
Itguaction. Y Court until the hes acre' Motion for
a Pralinunary
IT IS SO o"E,=.
Datod: Marol► .?L 200!
Im
-3-
Judge of the Ve--� ^ a�✓GL4li1C
ntura Coupry Court
. r
APR- 4-01 WED 11:15
"W%Ay W. aeum6, OMW
August 19, 1999
BURKE WILLIAMS
FAX N0. 18054829834
COUNTY OF LOS ANGELES
DEPARTMENT " OB PUBLIC WORKS
W 30UT11 FROWNT AVWUE
AULAMO4a6 CAL74PMA %13M6 W 1
Ta�.,,.,pael+aesla
TO: Edli,9r Feldman: Chain
Regional Plannir4,SCoi1ffmis'tiij6,--, r
FROM, Harry W. Stone 104-1
Director of PubI16 Works .
TENTATIVE TRACT No. 52455
WEaTCREEK DEVELOPMENT
DtECORO DRIVE BRIDQE
P. 02
AV1MWALL C4K0MMM3WgC'r ft
r.o.110%law
Au W af{.% CA04op" 9110rd yq
WISMYOWME
1el'-10O
�ernroa4H:
At the June 16. 1999 public hearing for the Westcreek project, your Commission asked
that this Department proud* information regarding the need for the Dec= Drive bridge
over San Franalsquito Canyon.
Decoro Drive between Copper Hill Drive and Seco Canyon Road is a Secondary Highway
on the County Highway Plan and wpl provide needed capacity for east -west travel in the
Santa Clarity area. Yife have inalyzed tha Impacts to the regional transportation network
if the Decoro Drive bridge is not constructed. We have modeled the traffle paitems
associated with the projects already approved in the area and those that are expected to
come on -fine within the conswetivn time frame for the West�ek project It the Qeooro
The r beteg* is not ill be nil' 221000 vehicle tdp6 per day Will be diverted to other rouWg,
The routes which will be most significantly impacted are Capper Hill Drive, Newhall Ranch
Road, and Avenue Scott. This diversion of traffic also adversely Impacts several area
interZt0dons.
Without the constrUction,of the Decoro Drive bridge, access to Valencia High School will
be limited to two routes, frorn the south and west. Travel between the high school and
destinations to the east can only be accomplished by circuitous mutes. Also, a junior high
school is currently being planned for. the northwest 09mor of Decom Dri
Parkway. The construction of the bridge will prOvide better ave and MGBean
ccess to both schools.
„{
Additionally, when the Santa Clarity Valley Area Plan was amended in 1990 by the Board
of Supervisors, Decoro Drive was to be one of the main mutes of travel for the increased
EXHIBIT V �
APR- 4-01 WED 11;15 BURKE WILLIAMS FAX N0, 18054829834
P.03
t;sther Feldman
August 19, 1999
Page 2
development proposed in the area. Developments approved in the area have been
conditioned to construct this route, whpn needed. To date, it has been completed to the
east and is under construction to the west of San Frsandequito Canyon,
Construction of the bridge has been Included as a project in the VolenCle Bridge and Major
Thoroughfare Gbnstruwan Fee District (Disbtot). This Disttlat is a joint district with the City
Of Santa Clarita. The City apJs►oved.the Dls�rfat in January 1998 'arid ttre County 130ard of
Superrrrsors approved the t�istrict"oil Duty 2� �;1�$1�9. The Distdd irw�ludas $1'I.5 million for
construction ap roved Olive between Copper Will Drive and McBean Parkway, including
the bridge. The bridge costs include a four lane bridge With sidewalks, 580 feet long and
87 feetwide. This Department approved the location, span, and Clearance for the bridge
in March 1995 and approved the bridge design last year.
The VW *Mcta Company processed a Msster$treambsd AlteraFron Plan and the associated
Environmental Impact StaternenVErMfonmental impact Report in 1997-98, The Plan
consists of various projects, including construction ofthe Qeooro Drive bridge as presently
proposed. The reviewing agencies included the Environmental Protection Agency, the
U. S. Army Corp of Engineers, the U. S. Fish and Wildlife Department, 'and the California
Department of Fish and Game- Afterconsidering the environmental impacts of the Decoro
Drive bridge, including Oabitat lose and flow constriction, all agencies approved the
location, span, and clearance of the bridge and detarmined that the irmpacts would be
acceptable with the mitigation measures which were made conditions of approval. The
California'Depadment Oish and Game, along as the teed agency, approved the project
on November 30, 1998 and filed a Notice of Determination on December 2. 1998.
If you have additional qupdtions, please'contaot Me. Randlne, Ruiz of our Subdivision
Mapping Section at (626)'45114902. Ms, Ruiz will be available at your August 23, 1999
continued public hearing for the WS$tereek project to respond to these issues.
RMR:jmw
P.'B9PU8M)90NSV WAPPW0WECORQ
cc- Regional Planning (Jim 4lartl)
TOTAL P.OG