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RES-2019-049RESOLUTION NO. 2019- 0 4 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN THE ANAHEIM RESORT MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON WHEREAS, by Resolution No. 99R-144 adopted on June 22, 1999, the City Council of the City of Anaheim (the "City Council") formed a special maintenance district designated as the Anaheim Resort Maintenance District (the "Maintenance District"), by which the City Council ordered certain improvements and maintenance work therein and authorized the levy and collection of an annual assessment therein pursuant to the terms of the City of Anaheim Resort Area Procedural Ordinance (Ordinance No. 5670), the provisions of the Landscaping and Lighting Act of 1972, as amended (California Streets and Highways Code Section 22500 et seq.; herein the "Landscaping Act"), Article XIIID of the Constitution of the State of California (herein "Article XIIID"), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq; herein the "Implementation Act"). Ordinance 5670, the Landscaping Act, Article XIIID, and the Implementation Act are collectively referred to herein as the "Assessment Law"); and WHEREAS, at this time the City Council desires to undertake proceedings pursuant to the Assessment Law to provide for the annual levy of assessments for Fiscal Year 2019-20 to finance the annual costs and expenses necessary to pay for the maintenance and improvements in and for the Maintenance District: and WHEREAS, the Assessment Engineer's Report, dated April 26, 1999 (the "Original Engineer's Report"), as originally approved by the City Council of the City of Anaheim in connection with the formation of the Maintenance District, is on file with the City Clerk and open for public inspection. Reference is made to said Report for a full and detailed description of the maintenance and improvements to be maintained, the boundaries of the Maintenance District and any zones therein; and WHEREAS, there has been presented and approved by this City Council the Assessment Engineer's Report for Fiscal Year 2019-20 and this City Council is desirous of continuing with the proceedings for said annual levy. NOW, THEREFORE, the City Council of the City of Anaheim hereby finds, determines and resolves as follows: Section 1. The above recitals are all true and correct. Section 2. Declaration of Intention. For the fiscal year commencing July 1, 2019 and ending June 30, 2020, it is the intention of this City Council to levy and collect an annual special assessment to pay the cost of annual maintenance and improvements within the Maintenance District against those parcels which specially benefit from the maintenance and improvements, as described in the Assessment Engineer's Report. The maintenance and improvements for the Maintenance District are generally described as follows: "In public places within the Maintenance District, the installation, acquisition, maintenance, operation and servicing of the following: landscaping along parkways and medians; hardscape such as sidewalks, monuments, and walls: ornamental tree lighting and signage; signing and striping and ornamental fixtures and decorating for streets and bridges; street features such as banners, bus shelters, customized newspaper racks; traffic signals and fixtures; and incidental expenses therefore including reserves and administration." Section 3. The maintenance and improvements are of special benefit to the properties within the boundaries of the Maintenance District, which Maintenance District the City Council previously declared to be the area benefitted by said maintenance and improvements, and, for particulars, reference is made to the boundary map as previously approved by the City Council, a copy of which is on file in the office of the City Clerk and open for public inspection. Section 4. Report of Assessment En ineer. Based upon the assessment methodology presented in the Original Engineer's Report, the proposed Fiscal Year 2019-20 assessments upon assessable lots and parcels of land within the Maintenance District is included in the Annual Engineer's Report for Fiscal Year 2019-20. Section 5. Assessments. All costs and expenses of the maintenance, improvements, and incidental expenses have been apportioned and distributed to the benefiting parcels in accordance with the special benefits received from the proposed work. No assessments on any parcels within the Maintenance District are to be increased (other than an authorized adjustment for inflation based on the Consumer Price Index) from those as levied for the last fiscal year. Section 6. Notice, Public Hearing; Protests. NOTICE IS HEREBY GIVEN that a public hearing is hereby scheduled by the City Council of the City of Anaheim at its regular meeting place, being the Council Chambers, 200 South Anaheim Boulevard, Anaheim, California, at 5:30 p.m., on June 4, 2019. At that time, the City Council will consider and finally determine whether to levy the proposed annual assessment for the Anaheim Resort Maintenance District. At the public hearing, the City Council will hear all protests relating to the proceedings, the estimate of the cost and expenses of the proposed maintenance and improvement, and the proposed annual assessment. Any and all persons interested may file a written protest prior to the conclusion of the public hearing or, having filed such a protest, may file a written withdrawal of that protest prior to the conclusion of the public hearing. Any written protest must state all grounds for objection. A written protest by a property owner must contain a description sufficient to identify the property owned by such person, e.g., assessor's parcel number. F) Any interested person may mail a protest to the following address: City Clerk City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 To be considered by the City Council, all protests must be received prior to the conclusion of the public hearing. A postmark prior to such date and time will not be sufficient. Section 7. Publication of Notice. The City Clerk is hereby authorized and directed to give notice as required by laws by causing a copy of this Resolution to be published in a newspaper of general circulation within the City; said publication to be completed not less than ten (10) days prior to the date set for public hearing. Section 8. Proceedings Inquiries. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below. Finance Director City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 (714) 765-5195 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14th day of May , 2019, by the following roll call vote: AYES:Mayor sidhu and Council Members Kring, Brandman, Moreno, and O'Neil NOES: None ABSENT:Council Members Barnes and Faessel ABSTAIN: None ATTEST: CLERK Of THE CITY OF ANAHEIM 132351 3 CITYDF ANAHEIM OF ANAHEIM CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2019-049 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 14'h day of May, 2019 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Kring, Brandman, Moreno, and O'Neil NOES: None ABSTAIN: None ABSENT: Council Members Barnes and Faessel IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of May, 2019. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)