CITY, DEVELOPER HIT BY SUIT GROUP SEEKS NEW EIR ON FORMER BERMITE FACTORY.

Byline: Heather MacDonald Staff Writer

SANTA CLARITA - Several members of the Citizens' Advisory Group have sued the city of Santa Clarita and the developers of the former Bermite explosives factory.

People for Environmentally Responsible Clean-up Inc., a recently formed community group, have asked that the city be compelled to complete a supplemental environmental impact report before the site may be developed.

Adam Ford and Glo Donnelly, two of PERC's three board members, are members of the CAG, as are two of the organization's lawyers, Carl Kanowsky and Jennifer Kilpatrick.

``I'm involved because it's the right thing for the community,'' Ford said.

Ford, Donnelly, Kilpatrick and Kanowsky have been outspoken opponents of Phoenix-based Remediation Financial Inc.'s plans for the 2,911-home Porta Bella development.

``This suit is about getting the responsible parties to do the right thing,'' said John Grannis, another attorney for PERC. He said he has attended several meetings of the CAG but is not a member.

Grannis declined to reveal names of other members of PERC.

``They are entitled to support this cause without having to endure any violation of their privacy,'' Grannis said.

More than 275 chemicals and unexploded ordnance waste were left over from decades of Defense Department contract work on the property, 996 acres in the center of Santa Clarita, just off Soledad Canyon Road.

The CAG, which is charged by the state to monitor the cleanup of the polluted former testing and manufacturing facility, met Wednesday night. No mention was made at the meeting of the lawsuit filed earlier that day.

``There has been new information discovered and significant changes to the site since the original EIR was completed and certified,'' Grannis said. ``A subsequent EIR is necessary to protect residents.''

City Attorney Carl Newton and representatives from RFI declined to comment because they had not seen copies of the lawsuit.

In 1995, the City Council certified the EIR and approved plans for the subdivision. In 1997, investigators discovered that beneath the property, the Saugus Aquifer was polluted with perchlorate, a byproduct of rocket fuel linked to thyroid disease. Four municipal wells were capped after tests revealed high levels of the chemical in the water.

Perchlorate was used at the manufacturing facility in the center of the city.

``It's not just one problem out there,'' Grannis said. ``It is a very complex problem.''

RFI officials told CAG members Wednesday night that work has ground to a halt on the polluted property because the company is out of cash. RFI has vowed to pursue a lawsuit against city officials unless the company is given permission to develop the property as each section is certified by the state Department of Toxic Substances Control.

Without phased development, the cleanup and development project is impossible, according to RFI officials.

``It's regrettable that we had to sue the city,'' Grannis said. ``But (RFI) is standing in the way of the cleanup because it has no money and no assets. The city is the only public agency that can step up and protect the residents.''

PERC is opposed to any plan allowing phased development or the use of public funds to finance the cleanup, Grannis said.

Ford, Donnelly, Kilpatrick and Kanowsky all have spoken out against RFI and phased development at City Council meetings.

RFI contends in its lawsuit, which has not yet been served on city officials, that the City Council violated the 1995 development agreement by allowing Golden Valley Road to be built across the eastern portion of the property. That agreement prohibits all construction until the entire property is cleaned and certified.

Donnelly has called RFI's lawsuit blackmail.

DTSC officials have said that phased development is a safe and effective method of cleaning large industrial properties.

In a 1999 memorandum of understanding, city officials agreed to consider the company's plan for phased development in return for RFI's permission to build the road and extend the city's $1-a-year lease of the Santa Clarita Metrolink Station.

RFI has blocked the city's access to the road on its property, stalling construction. The company also terminated the city's lease of the commuter train station, and barring a last-minute deal, July 31 will be the last day of service at Santa Clarita's most popular train station.