6196ORDINANCE NO. 6196
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING AND RESTATING ORDINANCE NO. 5670; TO
BE CITED AS THE CITY OF ANAHEIM MAINTENANCE
ASSESSMENT DISTRICT PROCEDURAL ORDINANCE.
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 Council of the City (the "City Council"), acting under and
pursuant to the powers reserved to the City under Sections 3, 5 and 7 of the Constitution and the
Charter, on March 2, 1999, adopted Ordinance No. 5670 ("Ordinance No. 5670"), establishing 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, the City Council desires to amend and restate Ordinance No. 5670 so as to
provide for the consideration and authorization of the levy of assessments to pay for the
constructing, installing, administering, operating, maintaining, servicing, repairing and replacing
of such public improvements to specially benefit any specified area of the City, to update certain
provisions thereof and to make certain other modifications thereto; 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 amending and restating
Ordinance No. 5670 in order to provide for the consideration and authorization of the levy of
assessments to pay for the constructing, installing, administering, operating, maintaining,
servicing, repairing and replacing of such public improvements to specially benefit any specified
area of the City, to update certain provisions thereof and to make certain other modifications
thereto.
NOW, THEREFORE, the City Council of the City of Anaheim does ordain as follows:
Section 1. Amendment and Restatement. Ordinance No. 5670 is hereby amended and
restated to read in full as set forth herein.
Section 2. 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
OHS West:260434706.2
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 3. Short Title. This Ordinance shall be known as and may be cited as the "City
of Anaheim Maintenance Assessment District Procedural Ordinance."
Section 4. Authority and Procedure: Incorporation. 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).
The provisions of the Act, as in effect as of the effective date hereof or as the same may be
amended from time to time, are hereby incorporated in this Ordinance by this reference and
made a part hereof, provided, however, that the provisions of the Act that are, for purposes
hereof, amended pursuant to Section 6 hereof, shall be incorporated in this Ordinance and made
a part hereof as so amended.
Section 5. 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 6. Amendments to Act. For purposes hereof, the provisions of the Act
referenced below shall be amended as set forth in this Section.
A. Section 22525 of the Act 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:
statuary, fountains, and other ornamental structures and facilities;
2. public lighting facilities, including, but not limited to, street lights,
tree lights and traffic signals;
streets and vehicular and pedestrian bridges and overcrossings;
4. sewer, water, drainage and flood control 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
OHS West:260434706.2 2
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.
(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 acquisition of land for park, recreational or open -space purposes.
(e) The acquisition or construction of any community center, municipal
auditorium or hall, or similar public facility for the indoor presentation of
performances, shows, stage productions, fairs, conventions, exhibitions,
pageants, meetings, parties or other group events, activities or functions,
whether those events, activities or functions are public or private.
(f) The acquisition of any existing improvement otherwise authorized
pursuant to this Section.
(g) The maintenance or servicing, or both, of any of the foregoing.
B. Section 22556 of the Act 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 cause notice
of the hearing to be given pursuant to Section 53753 of the Government Code.
C. Section 22569 of the Act 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, servicing and repairing 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, servicing and
OHS West:260434706.2 3
repairing the improvements to December 10 of the fiscal year, or
whenever the city expects to receive its apportionment of special
assessments and tax collections from the county, whichever is
later;
2. An operating reserve which shall not exceed ten percent (10%) of
the budgeted costs of administering, operating, maintaining,
servicing and repairing 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).
D. Section 22625 of the Act 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.
E. Section 22626 of the Act 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.
OHS West:260434706.2 4
(b) If the assessments are proposed to exceed the assessment formula
or range of assessments previously adopted, the City Council shall
cause notice of the public hearing with respect to the increase to be
given pursuant to Section 53753 of the Government Code.
F. Section 22628 of the Act 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.
G. Section 22629 of the Act is hereby amended to read as follows:
Section 22629. If notice is given pursuant to subdivision (a) of Section 22626, the
legislative body shall hold the public hearing pursuant to Section 53753 of the
Government Code at the time and place specified in the notice and in any order
continuing the hearing. If notice is given pursuant to subdivision (b) of Section
22626, the legislative body shall hold the public meeting and public hearing held
pursuant to Section 53753 of the Government Code at the time and place
specified in the joint notice and in any order continuing the 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. The legislative body may continue the hearing
from time to time.
H. Section 22640 of the Act 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
confinning 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.
I. Section 22646 of the Act is hereby amended to read as follows:
Section 22646. Except as otherwise provided in this Section, 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 City
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
OHS West:260434706.2 5
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 7. 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.
PASSED AND ADOPTED by the City Council of the City of Anaheim on
Naber 16, 2010.
ATTEST:
40�0
City Clerk
OHS West260434706.2 6
CLERK'S CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
I, Linda N. Andal, City Clerk of the City of Anaheim, California hereby certify that the
foregoing is a full, true and correct copy of the Ordinance introduced at a regular meeting of the
City Council of the City of Anaheim duly held on NDvug , 2010, of which meeting all of the
members of said City Council had due notice and at which a majority thereof were present; and
was finally passed and adopted not less than five days thereafter on Naxnbmr 16t4 2010, by the
following vote:
AYES: COUNCIL MEMBERS: Mayor Pringle, Sidhu, Hernandez, Galloway, Kring
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
An agenda of said meeting was posted at least 72 hours before said meeting at 200 South
Anaheim Boulevard, Anaheim, California, a location freely accessible to members of the public,
and a brief general description of said Ordinance appeared on said agenda.
I further certify that I have carefully compared the same with the original minutes of said
meeting on file and of record in my office; that the foregoing Ordinance is a full, true and correct
copy of the original Ordinance adopted at said meeting and entered in said minutes; and that said
Ordinance has not been amended, modified or rescinded since the date of its adoption, and the
same is now in full force and effect.
Dated: November 16 2010
2 -
City Clerk
OHS West:260434706.2
AFFIDAVIT 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
eighteen 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:
November 25, 2010
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: November 25, 2010
Mt//1df_1 - &,_ �,
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
SUMMARY PUBUCATION
CITY OF ANAHEIM
.ORDINANCE NO. 6196
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING AND RE-
STATING ORDINANCE -NO. 5670; TO BE CITED AS THE CITY OF
ANAHEIM MAINTENANCE ASSESSMENT DISTRICTPROCEDURAL
ORDINANCE;
On March 2,1989; the City council of the City of Anaheim adopted Ordinance No. 5670 es-
tablishing 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 pub-
lic 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.
This Ordinance amends Ordinance No. 5670 in order to provide for the consideration and
authorization of the levy of assessments to pay for the constructing, installing, administer-
ing, operating, mairtai ing, servicing; repairing and replacing of such public Improvements
to specially benefit any specified. area of the City, and to update certain provisions and
make certain other modifications to Ordinance No. 5670.
1, Under N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a
summary of Ordinance No. 6196 which ordinance was Introduced at a regular meeting of
0iZ4mthe C' Council of the City of Anaheirn on the 9th day of November, 20f0 and was duly
Cdopted al a regular meeting of said Council on the 16th day of November,
by owing rotl'call vote of the members thereof.
AYES:` Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: `'NONE
ABSENT: NONE
ABSTAIN: NONE
The above summary is a brief description of the subject matter contakied in the text of Or-
dinance No. 6196, which has been prepared pursuant to Section 512 of the Charter of the
City of Anaheim. This summary does -rot include or describe every provision of the ordi-
nance and shputd not be relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please contact the Office of the City
Clerk, (714) 7655166, between 9:00 AM and 5;00 PM, Monday through Friday. There is no
charge for the copy.
Publish: Anaheim Bulletin Nov. 25, 2010 9309180