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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 2 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 0 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." 5 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 This space is for the County Clerk's Filing Stamp .1`^ Proof of Publication of w.rc Wvn0 ream. Ayes: F 4*O, i loitaR. Tot, erur Now Absh�in: PM Absehf: Norte This o �,pf m Mb - sort Aiee If You Woft a"v of adiner4ei, 1Slecs,tl� 4ii ° A a# fwC�y� Clef, of ***A*V0VK765-9v"�,i 7 4.00 a.m. and 6;00 part►. MoseyItltrf7lr Fr<dW There k ho char a 1W fhe �Y,, Publish: Anehow rIkOWn March 11, 1999 3,91.1200 700 2b-342 PROOF OF PUBLICATION