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Home My WebLink About1992-10-13 - AGENDA REPORTS - SAN FERNANDO ASMT NO 92 3 (2)City Manager Item to be pr *AwkAnthony J. NisichQ PUBLIC HEARING , DATE: October 13, 1992 SUBJECT: SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 92-3 Resolution No. 92.187 DEPARTMENT: Community Development On September 8, 1992, in accordance with provisions of the Municipal Improvement Act of 1911, Resolution No. 92-183 was adopted setting October 13, 1992 as the time for a public hearing regarding Assessment District No. 92.3. As a part of the widening of San Fernando Road from Magic Mountain Parkway south to Lyons Avenue, all overhead utilities will be relocated underground. This involves both off-site work within the road right-of-way and the on-site service connections to buildings or billboards currently served overhead. While Southern California Edison does all work within the road right-of-way, which is covered by Edison's Rule 20A Funds, the on-site work will be handled by the City contractor, Currently, San Fernando Road is being widened from Drayton Road south to Placerita Creek Bridge. It is this section that is presently being undergrounded..The remainder of San Fernando Road construction and undergrounding will commence in 1993. The undergrounding of the services along the current portion under construction consist of two properties. • One property has one business connection while the other property, owned by the Los Angeles County Transportation Commission, has two businesses and four billboards. The City's cost of this work, after a 50-50 split, is expected to cost approximately $24,000. Both owners have been contacted concerning the proposed work due to be completed by October 1992 when Edison will make the final service transition and remove all utility poles. At this time, it is necessary to adopt Resolution No. 92-187, approving the final Engineer's Report and confirming the assessment. :_0i &I LVIVI2• • Adopt Resolution No. 92-187 Continued To;—. /�o j Agenda Item: • • 1. Mayor Opens Hearing a. States Purpose of Hearing Z. City Clerk Reports an Hearing Notice 3. Staff Report (City-Manager) or (City Attorney) or (RP Staff) 4. Proponent Argument (30.minutes) S. Opponent Argument (30 minutes) 6. Five-minute Rebuttal (Proponent) a. ,Proponent 7. Mayor Closes Public Testimony 8. Discussion by Council 9. Council Decision 10. Mayor Announces Decision • CE OF MPROVEMENT CITY OF SANTA CLARITA SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSNENT.DISTRICT NO. 92-3 NOTICE IS HEREBY GIVEN that at a regular meeting of . the City Council of the City of Santa Clarita (the 'City Council") held an September 8, 1992, Resolution of Intention No. 92-176 was adopted which stated the City Council's intention to order creation of San Fernando Road Underground Utility Assessment District No. 92-3 (the 'District') to finance the undergrounding of overhead utilities along San Fernando Road (the 'Improvement'). Please refer to said Resolution and the preliminary Engineer's Report, both -on file with • the City Clerk of the City of Santa Clarita, California (the 'City'), for more detailed information. A HEARING WILL BE ESLD ON TUESDAY, October 13, 1992, AT 7:30 P.N., AT THS SANTA CLARITA CITY HALL, 23920 VALENCIA BOULEVARD, SANTA CLARITA. CALIFORNIA. At any time prior to this public hearing, any owner of property liable to be assessed under the proposed contingent assessment may make a written protest against the proposed Improvement or contingent assessment, the extent of the District, or any agreements entered into in connection with the proposed contingent assessment and may appear and show cause why the Improvement should not be done or carried out in accordance with the Resolution of Intention and the Engineer's Report. Protests pertaining to theproposed contingent assessment must be in writing and contain a description of the property in which the signer of the protest is interested sufficient to identify the property, and if the signers are not shown on the last equalized assessment roll as the owners of the property, the protest must also contain, or be accompanied by, written evidence that the signers. are the owners of the property. All protests must be delivered to the City Clerk at or before the time set for public hearing. No other protest or objection will be considered. For additional information you may contact Donna N. Grindey, City Clerk at (805) 255-4391. DATED: September 16, 1992 nna M. Grinds CNC C ty Clerk City of Santa Clarita. California 0 RESOLUTION NO. 92- 187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING THE FINAL ENGINEER'S REPORT FOR ITS SAN FERNANDO ROAD UNDERGROUND UTILITY DISTRICT NO. 92-3 AND CONFIRNMG THE CONTRACTUAL ASSESSMENT 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; and WHEREAS, the City Council on September 8, 1992 adopted its Resolution of Intention No. 92- under the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 for the construction of improvements in the District; and WHEREAS, pursuant to the Resolution of Intention, the report containing plans and specifications, an estimate of cost, a diagram and assessment (the "Engineer's Report") has been presented to, and considered by, the City Council; and WHEREAS, pursuant to Streets and Highways Code Section 2961(d), the City Council finds that the Engineer's Report states that the total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed, plus the principal amount of the contractual assessment proposed to be levied in the instant proceedings, does not exceed one-half ('h) of the total value of the parcels proposed to be assessed; and WHEREAS, at a duly noticed public hearing held on October 13, 1992, the City Council did not receive protests from owners of any land proposed to be assessed; 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 13.32. 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 Final 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 total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed, plus the principal amount of the contractual assessment proposed to be levied in the instant proceedings, does not exceed one-half (1h) of the total value of the parcels proposed to be assessed. -2- 0 SECTION 5. The Engineer's Report as modified (the "Final Engineer's Report"), the contractual assessment, and the diagram are hereby confirmed and approved. The Final Engineer's Report shall stand as the report for the purpose of all subsequent proceedings for the District and shall govern all details thereof. SECTION & The improvements shall be constructed in accordance with the Resolution of Intention and the Final Engineer's Report for the District. SECTION 7. This Resolution shall be final as to all persons and the assessment is hereby levied upon the respective subdivisions of land in the District according to the Final Engineer's Report. SECTION. 8. The Negative Declaration respecting the District is hereby approved and the City Clerk shall record the Notice of Determination in the office of the Los Angeles County Recorder. SECTION 9. The contractual assessment shall be recorded in the office of the Superintendent of Streets. SECTION 10. The City Clerk shall file a copy of the assessment diagram in the office of the Los Angeles County Recorder and cause to be paid the filing fee therefor. SECTION 11. The City Clerk shall execute and record a Notice of Assessment in the office of the Los Angeles County Recorder. SECTION 12. The City Clerk shall publish once a week for two consecutive weeks in a newspaper of general circulation and also mail to each property owner of record a Notice of Recordation of Assessment. SECTION 13. The City Clerk shall certify the adoption of this Resolution. 0 -3- PASSED, APPROVED AND ADOPTED by the City Council of the City of Santa • Clarita, California at a regular meeting held on the 13th day of October, 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 13th day of October, 1992, by the following vote of the City Council: • AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK -4- 0 }3 ' IVY keep It Self Storage { October 13, 1992 City Council Members City of Santa Clarita 23920 Valencial Blvd., Suite #300 Santa Clarita, CA 91355 Dear City Council Members: This letter is to set forth that I have received no notice from the City of Santa Clarita regarding tonight's City Council meeting and the proposal to collect an assessment from either Sam Kotnick, the Landowner, or me, Ben A. Dalby, the Lessee, for the installation of the underground electrical utility lines. Since I received no notice and only read about it in this morning's Daily News, I have not had adequate time to review and respond accordingly. However, I do object to the assessment district if it is valid. My understanding is that my obligations to the city and the city's obligations to me were disposed of in the condemnation case regarding this subject property along San Fernando Road. submitted, ,,,�A . A. Dalby 5627 N. Sepulveda, Ste. #212 • Van Nuys, CA 91411 • (818) 988.2009 • FAX (818) 988-2017