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Home My WebLink About1992-10-27 - AGENDA REPORTS - SAN FERNANDO RD DIST 92 3 (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: BACKGROUND October 27, 1992 SAN FERNANDO ROAD UNDERGROUND UTILITY DISTRICT NO. 92-3 RESOLUTION NO. 92-187 Community Development This item was continued from October 13, 1992, In order to address.a protest received at the Public Hearing from Mr. Ben Dalby, on behalf of Sam Kotnick, owner of the property in question. The main Issue raised at the hearing was that the property owner of 25359 San Fernando Road was not notified of the Public Hearing or the Assessment District. Also that his assessment would be disposed of in the condemnation settlement for San Fernando Road right-of-way currently being negotiated by the City and the property owner. The City Council then agreed to continue the Public Hearing to the 27th of October, in order to respond to this concern. Immediately following the September 8th Council meeting, notice of the public hearing set for October 13 was published in the local paper, posted along the Improvement District Boundary and mailed to the two property owners all within the time restraints required by the Streets and Highways Code. All methods of notification were complied with, and copies are attached as part of this agenda. In addition to the mailing, posting and publishing done prior to September 16, both Mr. Kotnick and Ben Dalby were contacted by phone and explained the assessment district and their assessments. It was this call which also initiated the signed right -of -entry, which the City has on file. It should be noted that noticing is required to be sent only to the property owner, as shown on the latest assessor role, Sam Kotnick, and not the leasee, Ben Dalby. Additionally, this letter of protest must be from the property owner and be delivered to the City Clerk prior to the opening of the Public Hearing. It is the recommendation of staff to approve the assessment district as presented, including assessment on Sam Kotnick's property. Adopted: rD a 7-9a- Apda Item: SAN FERNANDO ROAD UNDERGROUND UTILITY DISTRICT NO. 92-3 Page 2 At this Public Hearing, the Council should review the notice documents; approve the modified Engineer's Report and adopt Resolution No. 92-187. RECOMMENDATION 1. Conduct the continued Public Hearing regarding Assessment District No. 92-3 2. Approve the modified Engineer's Report 3.. Adopt Resolution No. 92-187 ATTACHMENTS Resolution No. 92-187 Final Engineer's Report - In Reading File in City Clerk's Office October 13, 1992 Agenda— In Reading File in City Clerk's Office Proof of Notice Publication, Posting and Mailing hds/sanf.bm PU3L:C HZAF::1C PFCC'a7UFE 1. Mayor Opens Hearing a. States Purpose of Hearing Z. City Clerk Reports on Hearing Notice 3. Staff Report (City Manager) or (City Attorney) or (RP Staff) 4. Proponent Argument (30 minutes) 5. 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 RCV BY:WILLi,AN LANCASTER 110-14-82 ; 8:07AM ; W PUBLICATION (20385 CC.Pi STATE OF �A ORMi COUNTY OF OS ANCELES, I am a citize k of the United States and a resident of the County efottsaici. I am over the age of COW I years, and pat a party to or interested in t m above-entitlad matter. I am the prindl p c Uk oldie printer of the A newspaper of geoaral circulation, printed and published In the Cityof County of L, Angele% and which newspaper has been atip dged a newspaper of general circulation by 1 0Superior Court of the County of Los AnSeeies State of Califorwa, under the date of 14� 19 Case Number •frYCl588� . that the nnttce, of the annexed is a printed copy (set in type t smaller than nonpareil), has been pub in emelt 1+8uhr and entire issuc of saidper and not in any suppleatettt thereof anVaoliowing dates, to -wit: . an in the y 4`. I certify (or d lace) under penalty of pequry that the forag is hu" and correct. Dated at =gas pw:9aevicr$umu,Ine. owing )louts 805 258 8125.0 505723055¢+dt 2 1. This ague U for the County Clerk's Flit Proof of Publication of ., - Nam w eu.eavDMW CM, a.eaura acorns• .Puta "WSW . Es- ddw s"WrM 10 va 9W. Is.= RCS'-BY:WILL4AN LANCASTER 805 258 8725+ 8057280854; ii 3 Ctty of Santa 1 23020 Womed ®ova. Norte 300 City o1 Santa clota Califontia 2138,4 16: 1992 Phwo 18M266-2489 Fax (806) 2588125 CIYY OF SANTA CLAA,rTA - NOT= To PAOraOii'T OWE= XOTXCZ OP ADOPTION OF RISOLUTiON OF INTENTION, ADOPTION OF nSOLUTION PSSLI1tINAIMY APPSA711a0 • TSE IMMM119 a UpoaT AI) K=M OF PUBLIC SEIYud Il ujoM BAN MMHAM ROAD MMEa MM UTILITY ASSYSSNIYT DIST21C? x0. 92-5 `W i sants 199;, which mango riot') in as (the The total estimated cost of the Improvement is $24.000;00.' Land oeded by you, or in vhich you bA" on 3astareat, which is daao�ad by . the Assessor's FArcel Number(s) listed above, is within the proposed boundary of .lands proposed to be assessed and is to pay a port on of to Cost of this Iaprovsmant. TO: Ramat Hr. Samuel F. Rotnik 2062E Vintage $treat Meta ChAttvorth; CA. 91311 Jan Haid Assessor's PArCel No.r 2859-001434 M+tN�I Ae•Tem Cad Boyer "fixoeembe.- Dear Mr. Kotmiki JoAnne DIMNOTICS IS MM T armthat at a regular meeting of the Clarita City Council (tbe •City Couadil•) hold on September 8, the City Couteil Adopted Resolution of Intention No. 92-176 stated the City Ceuncil'e intention to order creation of Sus F Road Undetgrouad Utility Assessment District No. 92-3 (the 'D1si to fin -a a the uddergrounding of everhoad utilities along San Fi Road (thy-'Ipprovemedt') which preliminarily paased an and'sppri 8agia8119'b Report related thersto (the '=&inter's Report'), refer to said Resolution and the preliainary Edgineer's Sepc fila vith the City Clark of the City of Santa Clarita, Californ! 'Oity')a for More detailed infarcatiod. `W i sants 199;, which mango riot') in as (the The total estimated cost of the Improvement is $24.000;00.' Land oeded by you, or in vhich you bA" on 3astareat, which is daao�ad by . the Assessor's FArcel Number(s) listed above, is within the proposed boundary of .lands proposed to be assessed and is to pay a port on of to Cost of this Iaprovsmant. RCV BY:W LAACASTER i10-14-92 41 948AM 0 805 259'5125y . 8057280854;0 4 4 nUIN TILL BS HELD OA TUM", OCTOZA 13, 1002, 47 7,30 F.H., 4T TO ROU CL982TA CITY HAM, 29820 VALMMU BOULEVARD, &WA CLADRTA, CALUORHIA, At any time prior to this public hearing, any owner of property liable .to be assessed under the proposed contingent assessment may make a vritten protest against the proposed Improvement or contingent assessesnt, the extent of the District, or any. agreements entered into in connection with the proposed coatiWnt assessment and may appear mad show cause why the Improvement should rot be done or carried out in accordance with the Raiclut3bn of Imtentioa and. the .Engineerle Import. Protests pertaining t4 the proposed contingent assessment must be in writing and cos in a description of the property in which the signer of the prote t is interested sufficient to identify the property, and it the signs a are not shown on the last equalized assessment rail as the owners tE the property, the protest must also contain, or be accompanied by, v itten evidence that the signers are the owners of the property. All protests must be -delivered to the City Clark at or before the tiza set for public hearing, No other protest or objection will be consid red. For additional .information yon may contact Douna 1..Orindey. Clerk at (805) 255-45;1. DATIDs September 16, 1002 Donna H. Grindey, CHC City Clark 0 City of Santa Marital City RCV '6Y:WILLdAN LANCASTER ;10~14-82 i 0 MAY 1 805 259 81254 805723085t;# 5 I 21920 valamola a", Phory Salts 300 (806) 25*2496 Cay cd soma Clam Fax Callfoml& 91396 (605)1698125 i --City of � Santa On to S�tesl�er' 16, 1.998 j CITY Of SANTA GLAIITA - NOTICE TO PROPERTY OVNMPA 2=GE o8 AWITION or 1310LUTI0ti o8 INmri0N, ADOPTICN O!' MMOLCTION PEP.LnML any APP V=G THE XXGI SU' 3 IMPORT AIM 1= 190 Of PCPLIC M.wnG RIG=nM 6411 Pa=NNAWO &OLD uaLIZZ910=0 uTZLITT "SUANW11 DISY1:ICT 50. 91-3 .papa Dsar Nr. Angelo, I 7ouloYHaraen . NOTICE IR M=Y CIM that At A regular nattiog of tae Santa Clarita City Council (the `City Council") held oa Septsmbsr 8, 1992, the City eonneil adopted Resolution of lateatica NO- 42-175 which stated the City Council's intention to ordsr creation of sae F4 raanda Road Underground Utility Aseessuent District No. 92.3 (the NDiAl rict') to finance the undargrounding of overhead utilities along San 71 raando Road (the '18proveasntw) which preliminarily passed an and approved an Ingineer's Ieport related thereto. (the "tagiaasr'a. Report'). Please refer to said_Resolutioa and the preliminary ]dinner's ups t, an Ma with the city Cleric of the City of Santa Clarita, California, (tbe "City'), for nota detailed information. The total estimated coat of the Iaprovemant.is $24,000,00 Land owned by you, or in which you haw to intar/lt, which is dm ted by the Aseeasor'e Parcel Number(s) listed above, is within the proposed boundary of lands proposed to be assessed and is to pay a PO ion of i the Coat of this Uprovemeat. rl� TO name. Nr. Oreg Angelo Real Estate Officer Las Angeles County Transportation Commission Now 818 To Seventh Street daaHaW Loa Angeles, CA. 90017 mowpro-Tom Assessor'$ Parcel No,1 2894.001.802 Waw 2936-004.611. �� 2536-004-202 40Anm Orrcy Commmm$mbet 2835-004.903 .papa Dsar Nr. Angelo, I 7ouloYHaraen . NOTICE IR M=Y CIM that At A regular nattiog of tae Santa Clarita City Council (the `City Council") held oa Septsmbsr 8, 1992, the City eonneil adopted Resolution of lateatica NO- 42-175 which stated the City Council's intention to ordsr creation of sae F4 raanda Road Underground Utility Aseessuent District No. 92.3 (the NDiAl rict') to finance the undargrounding of overhead utilities along San 71 raando Road (the '18proveasntw) which preliminarily passed an and approved an Ingineer's Ieport related thereto. (the "tagiaasr'a. Report'). Please refer to said_Resolutioa and the preliminary ]dinner's ups t, an Ma with the city Cleric of the City of Santa Clarita, California, (tbe "City'), for nota detailed information. The total estimated coat of the Iaprovemant.is $24,000,00 Land owned by you, or in which you haw to intar/lt, which is dm ted by the Aseeasor'e Parcel Number(s) listed above, is within the proposed boundary of lands proposed to be assessed and is to pay a PO ion of i the Coat of this Uprovemeat. rl� ' I I RCV BY:W?LLgAN LANCASTER u• ;10-14-82 ; U08AM ; 805 258 8125+ 8057280854;11 9 A REARM TM EE MD 05 TDfSDAY, OCTOM 13, 19929 AT 7130 F.11., AT TU SA"A CLAIIITA CITY 9", 13920 YALISCIA 1001271RD, UNA CLABITA, CALIFORNIA. At any time prior to this public hearing, any owner of.preperty liable to be assaBead under the -proposed coatingent assessment may maks a written protest against the proposed Improvement or contingent assesscieat, the extent of the District. orany agreements entered into in connection with the proposed contl;zLgent asseasmeat and may appear and show cause why the Improvement i 6ould not be done or carried out is accordance with- the lteaoluti� of Intention and the Engineer's Report. Frotests pertaining t the proposed contingent aeessement must be in writing and toutsiu a descriptiae of the property in which the signer of ,the prots t is interested sufficient to identify the property, and if the signer are not ebavn an the last equalized assessment roll an the ovuers o the property, the protest must also contain, or be accompanied by, written evidence that the signers are the owners of the property. All protest@ must be delivered to the city Clark at or before the time sat far public hearing. Na other protest or objection will be considered. Por additional infarmation you may contact Donna N, Grinday. Clark at (805) 253-4991. DIMi September 16, 1991 0 utas M. GrizWey, CHC City Clark City of Seats Clarita, City CITY OF BANTA CLAYITA SAN FiRNANDO ROAD UNDERGROUND UTILITY ASSESSESRT DISTRICT NO. 92-3 I� $oTICE IS HEREBY GIVEN that at a regular meeting of the City Council of the C'ty of Santa Clarita (the 'City Council') held on September 8, 1992, Reaoluion of Intention No. 92-176 was,.sdopted which stated the City Council's i intent on to order creation. of San Farnando Road Underground Utility Assessant District No. 92-3 tthe 'District') to. finance the undergrounding of ! overhet utilities along San Fernando Road (the 'Improvement'). Please refer to sa4d 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 detailild information. lBRARING VILE BE GELD ON TUESDAY, October 13, 1992, IT .7130 P.N.,,AT TEs I SANTA CLABITA CITY BALL, 23920 VALENCIA E00I3PARD, SANTA CLARITA, CALTFORNIA. At any time prior to this public bearing, any owner of property liable to be aseees d under the proposed contingent assessment may mace a written piotest against the proposed Improvement or contingent assessment, the extent of the Distri t.. or any agreements entered into is connection with .the proposed' contin eat assessment and may appear and show cause why the Improvement should) not be dens or carried out in accordatmci with the Resolution of Intamtipn and! the Y giaeer'■ Report. Protests pertaining to the proposed 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 propsyr and if the 'aigaers are no; shown on the last equalized assessment� roll a the owners of the property,•'.the ..protest must also contain, or be Accom sated by, written. evidence that the dipole are the owners of they props ty. All protests must be delivered to the City Clerk at or before thei time t for public hearing. No other protest or objection will be considered.I 7cr additional intonation you nay contact Doan& V. 0rindey, City Clark, at (8) 255.4391. September 16, 1992 /D ane M..Crindey', CMC City Clerk City of Santa Clarita, California 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 CONFIRMING 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 (lh) 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 (lh) of the total value of the parcels proposed to be assessed. -2- 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 6. 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. -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 EXHIBIT A -5- TO. .DAN LANCASTER t 6-28-62 l MUM i CITY OF SANTA -4 i. 80572108¢4i# 2 Iesibn 4Q. - to Me that os+rtaln fool .ppr,of" dosartupd oafow po-eropvny-) and au�M� Ior io �artar work lhertoh is p�an4a? to thb ,city of 8tonta plarha, momtiar-A of Its : Ccm. U .ey�ravndRroR 1put� ther4 ft islay4;ar,Apont6andeonlratlorsbytheundersignoo,the oh• Pfopsrtyi 1 rtka Sato pvrpnsc of r nrWlrutrtinn, raoanattuoting, Yclncattng ar Ittrpravinp •,.,.v � the r�tuu•¢::_ W,rr>F�to pa Parformod: rhe 44my xlopp;pl. 11 ovarhead utilities to an UndorproUnd a@rvfa4 I( lnciudln� iny'tr�r,el%tlnp or graundVuotk ntroasltpry to catnp9eto the � panv�ro ari. 6+►nta olarha, 0,41110m16 t�scNptlons Aeaesaor Mop;t3pas+ Nuthbar ,_., - ...•--.-� !�feanaEdafatto at the poftltClantoantar..tliaPropowlygrat0dheraln,ttlaund8ritdadaty Ms tcf�swsri Thu SwrrIlAslisn to anttr tho lnroporty ommoncos at a.m, on on d vhon: o$piro et g j , p.m; on : � ' A. The Zty,a;,'Vanta Chults apfeos to. Ifetenu, ludemnity and hold the proPMY Own, tiarmlet:+ ;Tutt rind aut:otu!. rnd all gatatttty, lora, domigs, casts, clslms an an�ar►sas; t ctud10004%, z4,sta'ktfd:eittpar}eys' fags recultir� frartl Injury to Pt death r • ttnypn:rdathade,tbAab}'RtstR�rllottetProp4rtytartsingAotalyoutattt,pnapUpo� or tnttnwn at Md of th'# phppo�rly ItY thy City of Santa• ci trItA, tnembara of 1' Conimpnit lhsvai'opmont pe�Snrt,YYnn'�hIJJ ch,l,in ans, npnMr, and cnnttactora�, RCU SY: 1JU LANCASTER 9-23-92 3131Phi ; IN TO INT411 ANO 41ION 10-FIIRPOAM WORK CITY OF SANTA-$ 30572306544 3 3N Too prvpert,3r owltw evhryoWtrrdgva: A) th4% 1#4 HPes InC210d within tiro Clty'& Ilphhat•way, atrooL 01141or properly may be roplt WllhOul the properQ VAhet"s slonsont and may not be ractored; end S) that tha,City Of Banta Clerlte stt p 00mld4r, but to not tsbllpeted to complywlth, the property nwnar�i roqu4�t tc tattitetta taoNtii�ti on tit# owner's property. ,4, Thoprqpolmy owner agrags to roleuo the city Of unto Cldrila from Any and all clatmo; tt,151 try; is , damane and 4xt?c4eA lnctudino adurt 06010 gild Atlorneye' foot, prion 1111! orthe tion, mmoo or,r4*40t1.ol laollitiol pursvknl to ptirearpph 3 above 17 WITNESS WHER1017 the P04100 htroto havo mouted thlg pemIsslon to Enter on srkrpho6 to Pbrrojm Woes en the'dzy sAd,ycar:natod bosids tboir respootive alpnaturo& CITY OF $ANCA CLAMIYA oars: 6Y: .p,