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HomeMy WebLinkAbout1992-09-08 - AGENDA REPORTS - RD UNDERGROUND UTILITY ASMT (2)W14"I .11;04:01 City Manag Tr-T11"o Mn R I I 1- , CONSENT CALENDAR DATE: September 8, 1992 SUBJECT: SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 92-3 RESOLUTION NO. 92-176 DEPARTMENT: Community Development I>1�1:1h:U1r1.1!1 On September 25, 1991, a public hearing was held and Resolution No. 90-159 adopted to establish an underground utility district for San Fernando Road under the City Ordinance Chapter 13.32. The portion of the underground work within the City rights-of-way will be funded using.Southern California Edison's Rule 20A monies while all on-site work will be split 50 percent with the City and 50 percent with the affected property owners. For the on-site work, Council passed Resolution 92.118 on June 9, 1992, and directed staff to proceed with the formation of an assessment district using the 1911.Act of the California Streets and Highways Code. The purpose of this was to allow for the creation of a contractual assessment program in which the property owner consents and contracts with the City to perform the assessment work. Currently, only the portion of San Fernando Road from Drayton Street south to Placerita Creek Bridge is under construction, and the preliminary engineer's report for the on-site work for that portion of San Fernando Road has been completed. The City's cost of this work, after the 50-50 split, is expected to run approximately $24,000. In the interest of time, and to eliminate collateral work expenses, staff proposes negotiating this work with Security Paving, the roadway contractor. At this time, it is necessary to adopt a resolution of intent, giving the Citys intention to create San Fernando Road Underground Utility District No. 92-3; ordering preparation of a report, and calling for a public hearing. RECOMMENDATION 1. Adopt Resolution No. 92.176, giving the City's intention to approve the preliminary engineer's report and set the public hearing. 2. Approve negotiations and execution of a change order for this work with the San Fernando roadway contractor, Security Paving Co., to perform the on-site.work. ATTACHMENTS Resolution No. 92-176 Preliminary Report of Engineer -Available in Council Reading File in the City Clerk's Office KDN:hdslsanfer.hds Adopted: Agenda Ifemej-4. 1 18923.1 RESOLUTION NO. 92-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DECLARING ITS INTENTION TO CREATE ITS SAN FERNANDO ROAD UNDERGROUND UTILITY DISTRICT NO. 92-3, ORDERING PREPARATION OF A REPORT AND CALLING FOR A PUBLIC HEARING WHEREAS, the City Council (the "City Council") of the City of Santa Clarita, California ("City"), as authorized by Santa Clarita Municipal Code Section 13.32.060, previously adopted Resolution No. 90-143 on July 24, 1990, calling for a public hearing to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service (the "Utility Undergrounding") on a portion of San Fernando Road between Magic Mountain Parkway and Lyons Avenue more particularly described in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the City Council, as further authorized by Santa Clarita Municipal Code Section 13.32.060, previously adopted Resolution No. 90-159 on September 25, 1990, finding that the public necessity, health, safety, or welfare required the Utility Undergrounding and, therefore, established its San Fernando Road Underground Utility District No. 1 (the "Prior District"); and WHEREAS, following adoption of Resolution No. 90-159, the City mailed to each utility and to each property owner in the Prior District notice of the Utility Undergrounding as required by Santa Clarita Municipal Code Sections 13.32.070 and 13.32.080; and WHEREAS, the City Council has determined that the public interest and convenience require the incorporation of these Prior District proceedings into new proceedings for the creation of its San Fernando Road Underground Utility District No. 92-3 of. the City of Santa Clarita (the "District"), with boundaries as shown in Exhibit "A"; and WHEREAS, the City Council proposes that the City has agreed to pay over fifty percent (50%) of all costs of the Utility Undergrounding, excluding costs of property owners' connections to underground electric or communications facilities; NOW, IT IS HEREBY RESOLVED, DETERMINED AND DECLARED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AS FOLLOWS: SECTION 1. The above recitals are all.true and correct. SECTION 2. The public interest, convenience and necessity require, and it is the intention of the City Council pursuant to the Improvement Act of 1911 (commencing with Streets and Highways Code Section 5000) (the "Act"), to order the Utility Undergrounding within the District, with boundaries as shown in Exhibit "A". SECTION 3. The City Council has determined to proceed in forming an assessment district pursuant to the Act and to incorporate therein the Prior District proceedings completed pursuant to Santa Clarita Municipal Code Chapter 13.22. The City Council has further determined to make contractual assessment financing available to property owners within the District as authorized by Sections 5898.20 through 5898.30 of the Act to partially fund the costs of the Utility Undergrounding. Each property owner in the District will be asked to execute a contract with the City authorizing the Utility Undergrounding, the form of such contract to be contained in the Engineer's Report prepared pursuant to Section 5 of this Resolution. Assessments shall be levied only against property owners who give their free and willing consent by executing a contract with the City. Assessments to be paid by each property owner may be secured by a deed of trust. SECTION 4. The area to be benefited by the Utility Undergrounding and to be assessed to pay the costs and expenses thereof and to be known as San Fernando Road Underground Utility District No. 92-3 of the City of Santa Clarita shall be that part of the District having exterior boundaries as shown on Exhibit "A", which map is on file in the office of the City Clerk. Reference hereby is made to that map and exhibit for a full and complete description of the proposed assessment district, and Exhibit "A" shall govern all details as to the extent of the boundaries of the District. SECTION 5. The Engineer of Work shall furnish to the City Council a report in writing pursuant to Section 5898.22 of the Act, presenting the following: (a) A map showing the boundaries of the territory within which contractual assessments are proposed to be offered. (b) A draft contract specifying the terms and conditions that would be agreed to by a property owner within the contractual assessment area and the City. (c) A statement of City policies concerning contractual assessments including all of the following: (i) Identification of the Utility Undergrounding to be financed through the use of contractual assessments. 18923.1 -2- (ii) Identification of a City official authorized to enter into contractual assessments on behalf of the City. (iii) A maximum aggregate dollar amount of contractual assessments. (iv) A method for setting requests from property owners for financing through contractual assessments in priority order in the event that requests appear likely to exceed the authorization amount. (d) A plan for raising a capital amount required to pay for work performed pursuant to contractual assessments. The plan may include amounts to be advanced by the City through funds available to it from any source. The plan may include the sale of a bond or bonds or other financing relationship pursuant to Section 5898.28 of the Act. The plan shall include a statement of or method for determining the interest rate and time period during which contracting property owners would pay any assessment. The plan shall provide for any reserve fund or funds. The plan shall provide for the apportionment of all or any portion of the costs incidental to financing, administration, and collection of the contractual assessment program among the consenting. property owners and the City. SECTION 6. Notice is hereby given that on October 13, 1992, at 7:00 p.m., in the City Council Chambers of the City at 23920 Valencia Boulevard, Santa Clarita, California 91355, any and all persons having any objection to the Utility Undergrounding, to the extent of the District, or both, may appear before the City Council and show cause why the Utility Undergrounding should not be carried out in accordance with this Resolution of Intention. SECTION 7. The City Clerk is hereby directed to publish notice of the public hearing' r once a week for two (2) successive weeks in a newspaper published at least once a week, with at least five (5) days intervening between the respective publication dates. The first publication shall occur at least twenty (20) days before the date of the hearing. [SECTION 8. The City Clerk, within ten (10) days of the adoption of this Resolution, shall mail a copy hereof together with a copy of the notice to be published to each property owner within the District, as such are shown on the last equalized assessment roll, and to the affected utilities.] SECTION 9. Anthony J. Nisich , whose telephone number is (805) 255-4963 , is designated by the City Council to answer inquiries regarding the hearing procedures for the Resolution of Intention and to answer inquiries relative to any hearing or proceedings. SECTION 10. All public agency property shall be omitted from assessment in these proceeding; except assessor parcels ownedby Lbs Angeles County Transportation Con nission: APN Numbers: 2834-001-802 2836-004-815 18923.1 2836-004-802 - - 2836-004-803 SECTION 11. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Santa Clarita, California at a regular meeting held on the 8th day of September, 1992. ATTEST: CITY CLERK CITY OF SANTA CLARITA, CALIFORNIA MAYOR I 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 8th day of September, 1992, by the following vote of the City Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK 16923.1 -4-