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HomeMy WebLinkAbout2002-09-10 - RESOLUTIONS - SOLEDAD UNDERGROUND UTILITY (2)RESOLUTION NO. 02-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE FINAL ENGINEER'S REPORT FOR ITS SOLEDAD CANYON ROAD UNDERGROUND UTILITY DISTRICT NO.3 (PREVIOUSLY 2002-01) AND CONFIRMING THE CONTRACTURAL ASSESSMENTS WHEREAS, the City Council of the City of Santa Clarita, California, as authorized by Santa Clarita Municipal Code Section 13.32.060, previously adopted Resolution Nos. 02-104 and 02-112 on June 25, 2002, initiating proceedings, declaring the City's intent to form Soledad Canyon Road Underground Utility District No. 2002-01 (the "District"), and calling for a public hearing to be held on September 10, 2002, 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 Soledad Canyon Road between Camp Plenty Road and Sierra Highway; and WHEREAS, to be consistent with the City's Municipal Code, Division 2, Chapter 13.32, the District is hereby renamed as Soledad Canyon Road Underground Utility District No. 3 (the `District"); and WHEREAS, pursuant to the Resolution of Intention, the report containing plans and specifications, an estimate of costs, a diagram, and assessment (the "Engineer's Report") has been presented to, and considered by the City Council; and WHEREAS, notice of such hearing has been given to all affected property owners as shown on the latest equalized assessment roll and utilities concerned in the manner and for the time required by law; and WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard; and WHEREAS, at the duly noticed public hearing held on September 10, 2002, the City Council did not receive protests from owners of any land proposed to be assessed. NOW, THEREFORE, the City Council of the City of Santa Clarita, State of California does hereby resolve, determine, and find 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 Streets and Highways Code, Division 7, Chapter 1, commencing with Section 5000 (the "Act), to order the Utility Undergrounding within the District, with boundaries as shown on the diagram included in the Engineer's Report. Resolution No. 02-144 Page 2 SECTION 3. The City Council has determined to proceed in forming an assessment district pursuant to the Act. The City Council has further determined, if necessary, to make contractual agreements available to property owners within the District as authorized by Section 5898.20 through 5898.32 of the Act to allow the undergrounding of their overhead utilities. 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 6 hereof. Funding for the undergrounding of all overhead utilities and appurtenant facilities will be covered by the City's Rule 20A funds, with all work performed by each individual utility that services that particular structure or property. SECTION 4. The public necessity, health, safety, and welfare require the removal of poles, overhead wires, and associated structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in areas to be benefited by the Utility Undergrounding and to be known as Soledad Canyon Road Underground Utility District No. 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 is hereby made to that contained in the Engineer's Report for a full and complete description of the proposed District, and shall govern all details as to the extent of the boundaries of the District. SECTION 5. That such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities. SECTION 6. The street or road right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic. SECTION 7. The Engineer's Report, the contractual agreement, 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 detail thereof. SECTION 8. The improvements shall be constructed in accordance with the Resolution of Intention and the Engineer's Report for the District. SECTION 9. This Resolution shall be final as to all persons and the assessment is hereby levied upon the respective parcels of land within the District according to the final Engineer's Report. SECTION 10. 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 11. Categorical Exemption. The City Council finds that this project is . categorically exempt from the California Environmental Quality Act of 1970 pursuant to Section 15302, Class 2 (d) of the State Guidelines for Implementation of said Act. Resolution No. 02-144 Page 3 SECTION 12. The City Clerk, within ten (10) days after the adoption of this Resolution, shall mail a copy hereof and a copy of Chapter 13.32, Division 2 of the City Municipal Code, to affected property owners as such are shown on the last equalized assessment roll and identified in the Engineer's Report and to the affected utilities. SECTION 13. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 10th day of September. 2002. ATTEST: I/ a STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do 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 10th day of September, 2002, by the following vote: AYES: COUNCILMEMBERS: Smyth, Weste, McLean, Kellar, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None a CITY CLERK JR:lkl counci1\s4001_PH.doc � m C N fC �aE c�U � c 6 ca V0 �b D EXHIBIT "A"