HomeMy WebLinkAbout2003-05-13 - RESOLUTIONS - WHITTAKER BERMITE CLEAN UP (2)RESOLUTION NO. 03-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING THE
REIMBURSEMENT AGREEMENT FOR CITY SERVICES
ASSOCIATED WITH DEVELOPMENT OF THE
WHTITAKER-BERMITE PROPERTY
WHEREAS, the Whittaker Corporation utilized a 996 -acre property in the center of the
City for 80 years to manufacture military flares and munitions, which resulted in extensive
contamination of the soil on the property and the groundwater beneath the property and drinking
water sources beyond the property boundaries.
WHEREAS, the City of Santa Clarita approved a development plan for the property in
1995, which included single-family and multi -family dwelling units, commercial office, retail
and business park uses, institutional uses and open space and park uses.
WHEREAS, the Whittaker Corporation and other owners of the property have failed to
comply with the Department of Toxic Substances Control (DTSC) clean-up requirements and
little progress has been made toward clean up since operations on the property ceased in 1987.
WHEREAS, the City Council has declared that the expedited remediation of the soil and
groundwater contamination caused by the former use of the Whittaker-Bermite property is a top
priority for the City.
WHEREAS, the DTSC issued a Unilateral Order to Whittaker Corporation on
November 22, 2002 requiring Whittaker to immediately begin clean-up efforts at the site.
WHEREAS, a firm specializing in the clean-up and reuse of polluted properties,
Cherokee Investment Partners III L.P. (CIP), has expressed an interest in purchasing the
Whittaker-Bermite property and executing the clean-up of soil contamination to residential
standards, which is the highest DTSC standard of clean-up, and implementing the groundwater
remediation process.
WHEREAS, CIF's business model, which relies upon a large investment of capital
quickly to obtain a rapid return on the investment, provides significant motivation to clean and
redevelop the Whittaker property and begin groundwater remediation quickly.
WHEREAS, CIP has worked closely with Valley stakeholders and specifically the
Castaic Lake Water Agency and local water purveyors to understand and address concerns
regarding the priority and immediacy of groundwater clean-up and resolution of outstanding
lawsuits.
Resolution No. 03-63
Page 2
WHEREAS, the City Council, through an extensive due diligence process, has found CIP
to have the financial resources and technical expertise to execute the soil and groundwater
remediation process on an expedited timeline.
WHEREAS, CIF's willingness to proceed with the acquisition, clean-up and development
of the property is dependent upon reaching agreement with the City regarding modifications to
the existing entitlements, Development Agreement, infrastructure costs, public financing options,
and processing time and cost.
WHEREAS, the City's objectives for the property are site -wide characterization of soil
contamination (including unexploded ordnance) and clean-up to residential standards; expedited
implementation of a groundwater remediation program in accordance with DTSC and CLWA
standards; construction of major roadway infrastructure to serve the central Santa Clarita Valley;
continued public access to and operation of the Soledad Metrolink Station; and conversion of the
property to productive uses, which among other things, provides long-term economic benefits to
the City.
WHEREAS, it is the City's and CIP's shared goal to remediate the contamination and
reuse the property in a way that is economically viable for the developer and provides value to
the community.
WHEREAS, the City will incur significant costs in staff time and technical consultant
resources to process CIP's requested modifications to the entitlements and to continue to
facilitate stakeholder and community involvement in the clean-up and redevelopment process.
WHEREAS, based on their respective goals, due diligence efforts and discussions, CIP
and the City are interested in working together to identify, evaluate, and formally consider on a
mutually -acceptable timeline, modifications to Development Agreement 93-002 and the other
Existing Approvals.
WHEREAS, the City and Cherokee wish to set forth procedures and a funding
mechanism for the processing of certain entitlement applications associated with the future reuse
of the Whittaker-Bermite property.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve
that a reimbursement agreement for City services associated with the development of the
Whittaker-Bermite property shall be approved and executed.
The City Clerk shall certify to the adoption of this Resolution.
Resolution No. 03-63
Page 3
PASSED, APPROVED AND ADOPTED this 13th day of May, 2003.
MAYOR
ATTEST:
,OiZ LO -0,-A Q' -L
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 13th day of May, 2003, by the following vote:
AYES: COUNCILMEMBERS: Ferry, McLean, Kellar, Weste, Smyth
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK