5670ORDINANCE N0.5670
AN ORDINANCE OF THE CITY OF ANAHEIM ENACTING
THE CITY OF ANAHEIM RESORT AREA PROCEDURAL
ORDINANCE (ASSESSMENT DISTRICT).
WHEREAS, the City of Anaheim (the "City") is a
municipal corporation and charter city duly organized and
existing under a freeholder's charter pursuant to which the City
has the right and power to make and enforce all laws and
regulations in respect to municipal affairs and certain other
matters in accordance with and as more particularly provided in
Sections 3, 5 and 7 of Article XI of the Constitution of the
State of California (the "Constitution") and the Charter of the
City (the "Charter"); and
WHEREAS, the City desires to establish a single and
uniform procedure to provide for consideration and authorization
of the levy of assessments to pay for the maintenance, repair and
replacement of certain public improvements including but not
limited to landscaping, street lighting, traffic signals,
streets, bridges, sidewalks, parkways, medians, sewer
improvements, water improvements and storm drain and flood
control improvements, all to specially benefit that area of the
City commonly referred to and known as the Anaheim Resort Area;
and
WHEREAS, existing state law does not provide any such
single and uniform procedure but rather would require that the
City undertake separate and differing proceedings under several
different enabling statutes in order to finance such activities;
and
WHEREAS, the City Council of the City, acting under and
pursuant to the powers reserved to the City under Sections 3, 5
and 7 of the Constitution and the Charter, finds that the public
interest and necessity require the enactment of this ordinance to
authorize, and establish the authorization and procedure for, the
formation of assessment districts by the City to finance the
maintenance, repair and replacement of certain public
improvements.
NOW, THEREFORE, the City Council of the City of Anaheim
does ordain as follows:
SECTION 1. DECLARATION OF POLICY.
It is hereby declared to be the policy of the City to
permit the financing of the maintenance, repair and replacement
of certain public improvements pursuant to the authorization and
procedure set forth in this Ordinance as well as by any other
method permitted by law. This ordinance is enacted pursuant to
the powers reserved to the City under Sections 3, 5 and 7 of
Article XI of the Constitution and under the Charter.
SECTION 2. SHORT TITLE.
This Ordinance shall be known as and may be cited as
the "City of Anaheim Resort Area Procedural Ordinance."
SECTION 3. AUTHORITY AND PROCEDURE
Whenever the public interest and necessity so require,
the City Council of the City may, acting under and pursuant to
this Ordinance, establish an assessment district as provided for
in the Landscaping and Lighting Act of 1972 (the "Act"), as
amended (Streets and Highways Code Section 22500 and following).
Except as otherwise provided in this Ordinance, the provisions of
the Act, now in effect or as such act may be amended from time to
time, are hereby incorporated in this Ordinance by this reference
and made a part hereof.
SECTION 4. PROVISIONS NOT EXCLUSIVE
The provisions of this Ordinance are not exclusive. The
power and authority conferred upon the City Council by the
provisions of this Ordinance are in addition to and supplemental
to the powers conferred by the Charter, any other ordinance of
the City or law. Additionally, the City Council may elect to
follow the procedures now or hereafter provided by general law,
including without limitation, the Act; provided, however, that
whenever the City is acting pursuant to this Ordinance the
provisions of this Ordinance shall be controlling to the extent
that they are in conflict with any of the provisions of such
general law.
SECTION 5. AMENDMENTS TO ACT.
A. Section 22523 is hereby amended to read as follows:
"Section 22523. `Engineer' means the city engineer
or any other person designated by the legislative body
for the purposes of this part, including any officer,
board, or employee of the city or any private person or
firm specially employed by the city as engineer for
purposes of this part. Notwithstanding the foregoing,
if any proceedings to levy an assessment pursuant to
this part are subject to the notice, protest and
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hearing requirements of the Implementation Act, the
engineer shall be a registered professional engineer as
defined in Government Code Section 53750(k)."
B. Section 22523.1 is hereby added to read as follows:
"Section 22523.1. `Implementation Act' means the
Proposition 218 Omnibus Implementation Act, being
Article 4.6 of Part 1 of Division 2 of Title 5 of the
Government Code of the State of California (Section
53750 and following)"
C Section 22525 is hereby amended to read as follows:
"Section 22525. `Improvement' means one or any
combination of the following:
(a) The installation of planting or landscaping.
(b) The installation or construction of:
1. statuary, fountains, and other ornamental
structures and facilities;
2. public lighting facilities, including, but
not limited to, street tree lights, traffic
signals;
3. streets and vehicular and pedestrian bridges
and overcrossings;
4. sewer and/or water improvements; and
5. any facilities which are appurtenant to any
of the foregoing or which are necessary or
convenient for the maintenance or servicing
thereof, including, but not limited to,
grading, clearing, removal of debris, the
installation or construction of curbs,
gutters, walls, sidewalks, medians, parkways,
plazas, pedestrian malls, trash receptacles,
public restrooms, benches, bus and pedestrian
shelters, kiosks, display cases, newspaper
racks, bollards, signs, striping, monuments,
decorations, paving, irrigation, electrical
facilities, or facilities or equipment, or
both, to enhance security of persons and
property within the area.
3
(c) The installation of park or recreational
improvements, including, but not limited to, all
of the following:
1. Land preparation, such as grading, leveling,
cutting and filling, sod, landscaping,
irrigation systems, sidewalks, and drainage;
and
2. Lights, playground equipment, play courts,
and public restrooms.
(d) The maintenance or servicing, or both, of any of
the foregoing.
(e) The acquisition of any existing improvement
otherwise authorized pursuant to this section."
D. Section 22556 is hereby amended to read as follows:
"Section 22556 Prior to levying a new or increase in an
assessment above the maximum amount previously
authorized to be levied, the City shall give notice by
mail to the record owner of each identified parcel as
required by the provisions of the Implementation Act."
E. Section 22569 is hereby amended to read as follows:
"Section 22569. The estimate of the costs of the
improvements for the fiscal year shall contain
estimates for all of the following:
(a) The total costs for the improvements for such
fiscal year, being the total costs of constructing
or installing all proposed improvements and of
administering, operating, maintaining and
servicing all existing and proposed improvements,
including all incidental expenses. The total costs
may include the following reserve funds:
1. A carry over reserve fund which shall not
exceed the estimated costs of administration,
operation, maintenance and servicing the
improvements to December 10 of the fiscal
year, or whenever the city expects to receive
its apportionment of special assessments and
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tax collections from the county, whichever is
later;
2. An operating reserve which shall not exceed
ten percent (100) of the budgeted costs of
administering, operating, maintaining and
servicing all existing and proposed
improvements to pay for unanticipated costs
incurred during such fiscal year or budgeted
costs incurred during such fiscal year which
exceeded the amount budgeted therefore;
and/or
3. A replacement reserve which shall not exceed
that annual amount necessary to establish a
sinking fund to replace improvements at the
estimated end of their useful life.
(b) The amount of the surplus or deficit in the
improvement fund or any reserve fund to be carried
over from the previous fiscal year.
(c) The amount of any contributions to be made from
sources other than assessments levied pursuant to
this part.
(d) The amount, if any, of the annual installment for
the fiscal year where the legislative body has
ordered an assessment for the estimated cost of
any improvements to be levied and collected in
annual installments.
(e) The net amount to be assessed upon assessable
lands within the assessment district being the
total improvement costs, as referred to in
subdivision (a), increased or decreased, as the
case may be, by any of the amounts referred to in
subdivision (b) (excepting therefrom the amount,
if any, in any reserve fund), (c), or (d)."
F. Section 22589 is hereby amended to read as follows:
"Section 22589. The protest, hearing and assessment
ballot procedure required pursuant to the
Implementation Act shall apply to the levy of a new
assessment pursuant to this Article l."
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G. Sections 22590, 22592 and 22593 are not incorporated into
this Ordinance.
H. Section 22625 is hereby amended to read as follows: -
"Section 22625. The date, hour, and place of the
hearing is hereby fixed as the date, hour, and place of
a regular or special meeting, as specified in any
ordinance, resolution or order of the legislative body
fixing the time and place of such meetings."
I. Section 22626 is hereby amended to read as follows:
"Section 22626. Notice of the hearing shall be
given by either of the following methods:
(a) If the assessments are not proposed to exceed the
assessment formula or range of assessments
previously adopted, the city clerk shall give
notice by causing the resolution of intention to
be published pursuant to Sections 22552 and 22553.
(b) If the assessments are proposed to exceed the
assessment formula or range of assessments
previously adopted, the city clerk shall give
notice pursuant to Section 22556."
J. Section 22628 is hereby amended to read as follows:
"Section 22628. If the assessments are not proposed
to exceed the assessment formula or range of
assessments previously adopted, any interested person
may, prior to the conclusion of the public hearing,
file a written protest with the city clerk or, having
previously filed a protest, may file a written
withdrawal of that protest. A written protest shall
state all grounds of objection. A protest by a property
owner shall contain a description sufficient to
identify the property owned by him."
K. Section 22629 is hereby amended to read as follows:
"Section 22629
(a) If the assessments are not proposed to exceed the
assessment formula or range of assessments previously
adopted, the legislative body shall hold the public
hearing at the time and place specified in the
101
resolution of intention and in any order continuing the
public hearing. All interested persons shall be
afforded the opportunity to hear and be heard. The
legislative body shall consider all oral statements and
all written protests made or filed by any interested
person.
(b) If the assessments are proposed to exceed the
assessment formula or range of assessments previously
adopted, the legislative body shall undertake the
public hearing, including the assessment ballot
procedure pertaining to the increase in the assessment
which exceeds the assessment formula or range of
assessments previously adopted, pursuant to the
provisions of the Implementation Act at the time and
place specified in the notice of the public hearing and
in any order continuing the public hearing. All
interested persons shall be afforded the opportunity to
hear and be heard. The legislative body shall consider
all oral statements and all written communications made
or filed by any interested person.
(c) The legislative body may continue the public
hearing from time to time."
L. Section 22630.5 is amended to read as follows:
"Section 22630.5. If there is a majority protest as
determined pursuant to the Implementation Act in
opposition to the increase in an assessment which
exceeds the assessment formula or range of assessments
previously adopted, such increase in the assessment
shall not be imposed."
M. Section 22640 is hereby amended to read as follows:
"Section 22640. Hearings upon the formation of an
assessment district, upon a change of organization for
an existing district, or upon the levy of annual
assessments after formation of a district shall not be
concluded and any resolution confirming a diagram and
an assessment shall not be adopted later than the third
Monday in August or such later date as the county
auditor may authorize."
N. Section 22646 is hereby amended to read as follows:
7
"Section 22646. Except as otherwise provided in
this Section 22646, the assessments shall be collected
at the same time and in the same manner as county taxes
are collected, and all laws providing for the
collection and enforcement of county taxes shall apply
to the collection and enforcement of the assessments.
The legislative body may, by resolution, establish an
alternative method of collection of the assessments.
Notwithstanding the foregoing, assessments levied
pursuant to Section 22660 for which bonds or notes are
to be issued may be paid within thirty (30) days from
the date of recording the assessment in the office of
the superintendent of streets, upon which time the
engineer shall make and file with the treasurer a
complete list of all unpaid assessments in the manner
required by Section 8620. As a cumulative remedy,
assessments and related charges and penalties, to pay
principal or interest on bonds or notes, which are not
paid when due, may be collected by an action brought in
superior court, pursuant to Part 14 (commencing with
Section 8830) of Division 10."
SECTION 6. SEVERABILITY.
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it
would have passed all other portions of this ordinance
independent of the elimination herefrom of any such portion as
may be declared invalid.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force
on the thirtieth (30th) day after its adoption. Within fifteen
(15) days of its adoption the City Clerk shall cause this
Ordinance to be published in a newspaper of general circulation
in the City as required by law.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council for the City of Anaheim this 2nd day of March ,
1999
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
29551.1
I
MAYOk OF THE CITY OF OAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5670 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 23rd day of February, 1999, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 2nd day of February, 1999, by the
following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5670 on the 2nd day of March, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 2nd day of March, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Ordinance No. 5670 and was published once in the North County News on the 11th
day of March, 1999.
\aC.te-r��tl✓(e�
CITY CLERK OF THE CITY OF ANAHEIM
PROOF OF PUBLICATION
STATE OF CALIFORNIA, )
ss.
County of Orange, )
I am a citizen of the United States and a resident of
the County aforesaid; I am over the age of twenty
one years, and not a party to or interested in the
above entitled matter. I am the principal clerk of the
Anaheim Bulletin, a newspaper that has been
adjudged to be a newspaper of general circulation
by the Superior Court of the County of Orange,
State of California, on December 28, 1951, Case
No. A-21021 in and for the City of Anaheim, County
of Orange, State of California; that the notice, of
which the annexed is a true printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to wit:
March 11. 1999
"I certify (or declare) under the penalty of perjury
under the laws of the State of California that the
foregoing is true and correct":
Date March 11 , , 19 99
Signature
Anaheim Bulletin
1771 S. Lewis St.
Anaheim, CA 92805
(714) 634-1567
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