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HomeMy WebLinkAbout1993-09-14 - AGENDA REPORTS - VALENCIA TRAFSIG (2)AGENDA REPORT PUBLIC HEARING DATE: September 14, 1993 City Manager Approval SUBJECT: VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL REIMBURSEMENT INTEGRATED FINANCING ASSESSMENT DISTRICT NO. 92-5 ' Ordinance No. 93-18 DEPARTMENT: Community Development BACKGROUND On August 24, 1993, a public participation meeting was held in compliance with Government Code Section 54954.6 to hear public testimony regarding the District. The Integrated Financing District was formed to create a District to spread the cost and provide a reimbursement mechanism for the Installation of three traffic signals within the Valencia Industrial Park. Three developers responded, stating that they had already paid their signal fees. Those developers who have previously paid an estimated fee will receive either a partial refund or a credit toward the total assessment, depending on the prior amount paid. Newhall Land and Farming, the principal developer in the District, also responded. Their concerns were positive and centered more on the future reimbursement agreement and Engineer's Report. Suggested revisions for the Council's consideration to the Engineer's Report will add additional language to clarify Section 11, "Cost Estimates," which will not change the substance of the section. Section 111, "Explanation of Fees," will have a clause added relating to an escalation factor In the fees should the signals be Installed In future years when prices may be higher, and Section IV, "Boundaries of District," reflecting any assessor number changes due to parcel splits. Upon conclusion of the public hearing, Introduce Ordinance No. 93-18, confirming the District, along with the approval of the reimbursement agreement. The action will then pass to a second reading of the Ordinance at the September 28, 1993 Council meeting. FISCAL IMPACT - None to the City. Conduct the public hearing, and introduce Ordinance No. 93.18, approving the final Engineer's Report and Negative Declaration. ATTACHMENTS PQ.Q:i Engineer's Report ow Negative Declaration Ordinance No. 93-18 Draft Agreement BM:hds counolhord89.18.W eo: �) 19,f-e� 902 91' Agenda {tem: L.14, RESOLUTION NO. 93--101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFSANTA CLARITA PASSING ON AYD PREL04LNARILY APPROVING THE ENGINEER'S REPORT AND SETTING A PUBLIC .MEETING AND A. PUBLIC HEARING ON THAT REPORT WITH RESPECT TO ITS INTEGRATED FINANCING ASSESSMENT DISTRICT NO. . 92-5 (VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL IMPROVEMENTS) OF THE CITY OF SANTA CLARITA. WHEREAS, the City Council ("City Council") of the City of Santa Clarita, Califomia ("City") has instituted proceedings for the construction of certain improvements and payment of incidental expenses by creation of its Soledad Canyon Integrated Financing Assessment District • No. 92-4 ("District"); and WHEREAS', the City Council of the City has considered all matters relating to the proposed financing and construction of certain public improvements in the vicinity of the Valencia Industrial Center pursuant to the Integrated Financing District Act ("Financing District Act") and the Landscaping and Lighting Act of 1972 (" 1972 Act"), and specifically for the levy of contingent assessments ("Assessments") against properties within the District; and WHEREAS, there has been prepared and filed with the City Council a report of the Engineer ('Engineer's Report") as provided for in the 1972 Act, and the Engineer's Report has been presented for consideration; and WHEREAS, a Resolution of Intention. has been adopted as of the date hereof regarding the District, and the Engineer's Report shall stand as the Engineer's Report for the purpose of subsequent proceedings hereunder; and WHEREAS, the Financing District Act authorizes proceedings to create an integrated financing district to be combined with formation proceedings under the 1972 Act; and 11 WHEREAS, the Integrated Financing District Act authorizes the legislative bodies of tw� or more Iocar agencies to enter into an agreement to exercise any power authorized by th Financing District Act or the 1972 Act; and (WHEREAS, the County of Los. Angeles ("County") and the City intend for the Newhall Land and Farming Company, a California limited partnership ("Developer') to commence construction of certain improvements and the Developer is willing and able to advance moneys or work -in-kind or commit to advance moneys or work -in-kind at such time and in sufficient amounts so that Improvements may be completed; and [WHEREAS, a portion of the improvements within the County's jurisdiction, when constructed by the Developer to the County's satisfaction and pursuant to the Engineer's Report, shall be accepted for ownership, operation and maintenance by the County pursuant to a Joint Public Facilities Agreement dated August 28, 1992 (the "Agreement"), by and between the County and the City; and [WHEREAS, a' portion of the improvements within the City's jurisdiction, when constructed by the Developer. to the City's satisfaction and pursuant to the Engineer' Report, shall be accepted for ownership, .operation and maintenance by the City pursuant to the Agreement; and] WHEREAS. the City Council intends that a public hearing on the formation of the District under the Financing District Act will be combined with the public hearing required. pursuant to the 1972 Act, with notice of the hearing to be made in the manner required by the 1972 Act; - NOW, THEREFORE, 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 Engineer's Report referred to hereinabove is considered adopted, Passed upon, and preliminarily approved, as follows: -(1) That the plans and specifications for the proposed improvements to be made, contained in said Engineer's Report be, and they are hereby preliminarily approved and adopted; (2) That. Engineer's estimate of the itemized and total costs and expenses of said construction, where necessary, and improvements, and of the incidental expenses in connection therewith, contained in said Report,. be, and. each of them are, hereby preliminarily approved and adopted; -2- (3) That the diagram showing the District referred to and described in said Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of land within said District, as the same existed at the time of the passage of said Resolution of Intention, is contained in said- Engineer's Report, be; and hereby are preliminarily approved and adopted; (4) That the proposed Assessment upon the several subdivisions of land in said District, in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisition and improvements, and of the incidental expenses thereof, as contained in said. Engineer's Report, be, and they are hereby preliminarily approved and adopted; (5) That the maps and descriptions of the lands and easements to be acquired, as contained in said Engineer's Report be, and the same -are hereby preliminarily approved; (6) That said Engineer's Report shall stand as the Engineer's Report for the Purpose of all subsequent proceedings had pursuant to said Resolution of Intention. SECTION 3. NOTICE HEREBY IS GIVEN THAT ON samba 14 .1993 AT 7;30 P.M AT THE CITY COUNCIL CHAMBERS, 23920 VALENCIA BOULEVARD, SANTA CLARITA, CALIFORNIA, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE DISTRICT MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE ENGINEER'S REPORT. Notice is also hereby given that the additional public meeting required by the Ralph M. Brown Act shall be held itumt 24 1993. SECTION 4. The above -referenced public hearing required by Section 53183 of the Financing District Act shall be combined with the public hearing required by the 1972 Act. At the time and place to be designated for the public hearing, any owner of property liable to be assessed pursuant to this Resolution of Intention may make a written protest, which shall be heard and passed upon by"the City Council. Reference is made to Section 53183 of the Financing District Act for further particulars, the terms of which are incorporated herein by reference. 1 SEC'AON 5. The City Clerk is hereby directed to mail notice of said public protest hearing and the adoption of the Resolution of Intention and of the filing of the Engineer's Report to all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for Los Angeles County taxes prior hereto, or as known to. said City Clerk, and to all other persons as prescribed in accordance with the provisions of the 1972 Act. 0 .3- SECTION 6. The above notices of said public protest hearing shall include statement-ofthe total principal amount of unpaid assessments already levied against all grope Proposed to be assessed, as computed in the Engineer's Report, in accordance with Streets and Highways Section 2961(c). SECTION 7. The City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the Los Angeles County Recorder, within fifteen (IS) days of the adoption of the proposed boundary map; said boundary map to be in the manner and form as set forth in Division 4.5 of the California Streets and Highways Code commencing with Section 3100. SECTION 8. The City Clerk shall certify the adoption of this Resolution. 0 -4- 0 09/01/93 10.35 12213 236 2700 ORDINANCE NO. 93� l f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARPPA, CALIFORNIA ORDERING FORMATION OF ITS INTEGRATED FINANCING ASSESSMENT DISTRICT NO. 92-5 (VALENCIA INDUSTRIAL CENTER TRAFFIC SIGNAL IMPROVEMENTS). THE- CITY COUNCIL OF THE CITY OF SANTA CLARPPA, CALIFORNIA DOES ORDAIN AS FOLLOWS: WHEREAS, the City Council ("City Council") of the City of Santa C'larita, California ("City") on July 13, 1993, adopted its Resolution No. 93-1W (the "Resolution of Intention") declaring its intention to proceed with the construction of tzrtain improvements and payment of . incidental expenses by creation of its Integrated Financing Assessment District No. 92-5 (Valencia Industrial Center Trathe Signal Improvements) (the "District"), as shown on Out certain map designated "Proposed lioundariec M Integrated Financing Assessment District No. 92-5 (Valencia Industrial Center l'raffle Signal Improvements)", attached to the Resolutiun of Intention and incorporated therein as Exhibit "A"; and uxenn.1 E WHhKEAS, the Clty Council of the City has witsidctcd all matters relating to the proposed financing and construction of certain public improvements in the vicinity of the Valencia Industrial Center pursuant to the Integrated Fhwicing District Act ("Financing District Act") and the landscaping and Lighting Act of 1972 (the "1972 Act"), and specifically for the levy of contingent assessments (the 'Assessments") against properties within the District, a description of the rate and method of apportiunutcnt for such Assessments being attached to the Resolution of Intention and incorporated therein as Exhibit; and WHEREAS$ the Financing District Act provides an altemative method of financing the improvements, by authorizing the Assessments which are contingent upon the development of land and which may be made payable at the time of approval of a tentative subdivision map, vesting tentative subdivision map, final subdivision map, zoning change, or upon receipt of a building permit for any parcels which have already received all other required approvals for dcvclopment; and 09/01/93 19.35 $213 235 2700 BWAS LA --- CTY SNTA CLARtTA 0003 WHEREAS, the Financing District Act audiulices proceedings to Create an integrated . financing district to be combined with formation proceedings under the 1972 Act; and WHEREAS; at a duly noticed public hearing held on September 14, 1993, the City Council did nut receive protests from owners of more than one-half (1/2) of the area of the property within the District; ,SECTION 1. The City Council of the City of Santa Clarity does hereby find, determine and declare that: A. The above recitals are all true and correct. B. Pursuant to Government Code Section 531 R4, the City Council of the City hereby determines to proceed with formation of the District as set out In the Resolution- of Intention, as modified herein. C. The total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed, plus the ptincipal amount of the contingent assessment proposed to he levied in the instant proceedings, dues not exceed ono -half of the total value of the parcels pmpaced to be assessed. D. The Engineer's Report as modified (the "final Engineer's Report`), the assessment, and the diagram are hereby confirmed and approved. The Final Engineer's Report shall stand as the report fur tic purpose of all subsequent proceedings for the District and shall • govern all details thercuf. A true and correct copy of the Final Engineer's Report is attached herew avid incorporated herein as Exhibit 'A ,. E. The improvements be constructed in accordance with the Resolution of Intention and the Tinal Engiaecr's Report for the District. F. The Negative Declaration respecting the District is hereby approved and the City Clerk shall record the Notice of Determination in the olfice of the rmnty Recorder. G i�rsuaauo the-ResoiOii of Intention, the t'ity shall repay advances of funds made b ewhall Yard and Farming Com y and/or other developers and property owners to finance improve the Distil A reimbursement agreement shall provide that the City`Issue a warrant pursuant to the requirements of Government Code Section 53190.5(b). "I -he general fund of the City, its credit; or its taxing power shall not be liable for any obligation arising out of any retmhurtement agreement. The City shall not be compelled to exercise its taxing power or forfeit any of its property to satisfy any obligation arising out of any reimbursement agreement. NEC -MON 2. The Mayor shall sign this Ondinancc and the City Clerk shall attest to such signature. The City Clerk is directed to tduw the title and summary of the same, together with 1Ax:6ru1.1 •2- 0 • e"LW 1036 —V2.13 236 274!0 BUS LA --• CTY SNTA CLARITA . la004 the vote therenn, to he published within fifteen (13) days after its passage at least once in the Newhall Signal, a newspaper of general circulation publishett and circulated in the City and to post at the offices of the City a certified copy of the full text of the adopted Ordinance along with the names of the Councilmembers voting for and against the Ordinance. SECTION 3. This Ordinance takes effect and shall be in force from and after thirty (30) days Pruni the date of final passage. A copy of this Ordinance shall be. transmitted to the Clerk of the Board of Supervisors of Los Angeles County, and the Assessor and the Treasurer -Tax Collector of Los Angeles County: PASS M- AND ADOPTED by the City Council of the City of Santa Clarita, California at a regular meeting held on the 14th day of September 1993. AT'17HS I': CITY CLERK WL•67747.1 .3-1 CITY OF SANTA CLARTTA, CAT.TFORNIA MAYOR 99/91,,93 1936 $213 236 2799 RUS LA ++- CiY SNTA MARITA STATE OF CALIFORNIA ) . ) ss. COUNTY OF LOS ANGELES ) 1, DONNA GRINDF.Y, City Clerk of the City of Santa Clarita, California, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of September, 1993. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1993, by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS CITY Ca.l?HK M []I un:e7lr+.1 .4. i 99/91/93 " 19.36 'x'213 236 2799 BW&S LA ... M SNTA CLARITA rihw • IAXr:57M7.1 z. EXHIBIT A FINAL ENGINEER'S REPORT