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5305ORDINANCE NO. 5305 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO THE TRANSIENT OCCUPANCY TAX. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 2.12 of Title 2 of the Anaheim Municipal Code be, and it is hereby, amended in its entirety to read as follows: 112.12.000 SHORT TITLE This Chapter shall be known and may be cited as the Transient Occupancy Tax Code. 2.12.005 DEFINITIONS For purposes of this Chapter, the following words, terms, phrases and the derivations and variants thereof, shall have the meanings given herein: .010 "Anaheim" or "City" means the City of Anaheim. .020 "City Auditor" means the Audit Manager of the City. .025 "Fiscal Year" means the period commencing July 1 of one calendar year through June 30 of the immediately subsequent calendar year. .030 "Homeless person" means any person who lived or resided in Anaheim immediately prior to being provided shelter in a hotel by a Qualifying Nonprofit Service Organization. .040 "Hotel" means any structure or portion thereof, which is occupied or intended or designed for occupancy by transients for dwelling, lodging, or sleeping purposes, including, without limitation, any hotel, bachelor hotel, lodging house, rooming house, bed and breakfast inn, apartment house, dormitory, vacation ownership resort, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof, and shall further include any space, lot, area or site in any trailer court, camp, park, or lot which is occupied or intended or designed for occupancy by a tent, trailer, recreational vehicle, mobile home, motorhome, or I other similar conveyance, for dwelling, lodging or sleeping purposes. .050 "Operator" means any person, corporation, entity, or partnership which is the proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, debtor in possession, licensee or any other capacity. Where the operator performs its functions through a managing agent of any type or character other than as an employee, the managing agent shall also be deemed an operator and shall have the same duties and liabilities as its principal. Compliance with the provisions of this Chapter by either the principal or managing agent shall constitute compliance by both. For purposes of the notice and appeal provisions of this Chapter only, "operator" shall also include any managing employee or employee in charge of the hotel. - .060 "Qualifying Nonprofit Service Organization" means any nonprofit service organization which (a) is a member of the Anaheim Human Services Network and (b) directly pays the cost of sheltering homeless persons in a hotel and (c) does not directly or indirectly further any religious purpose by providing such shelter. .070 "Qualifying Rental Agreement" means and is limited to a written contract signed by both the landlord and tenant, legally enforceable by either party, for a rental period of not less than thirty one (31) consecutive days. "Qualifying Rental Agreement" shall expressly exclude: (1) any agreement regardless of length of the rental term which is terminated for any reason by either party or by mutual consent prior to the thirty-first consecutive day of the tenancy, or (2) any agreement regardless of the length of the rental term which is for occupancy of space in an establishment which is authorized as a "hotel" or "motel" pursuant to the terms of Title 18 (Zoning) of this Code, or (3) any agreement regardless of the length of the rental term for occupancy of space by any recreational vehicle as defined in Section 799.24 of the Civil Code of the State of California or any successor provision thereto, or (4) any agreement which would be unlawful or constitute a violation of law. .080 "Rent" means the consideration charged by an operator for accommodations, including without limitation any (1) unrefunded advance rental deposits or (2) separate charges levied for items or services which are part of such accommodations including, but not limited to, furniture, fixtures, appliances, linens, towels, non -coin operated safes, and maid service. "Rent" shall not include any charge, billing, or account or portion thereof which the operator finds to be worthless or uncollectible and charged off for tax purposes. If any such worthless or uncollectible rent is thereafter collected, the amount shall be considered rent in the month collected and the 2 tax collected shall be included in the next monthly payment to Anaheim by the operator. .090 "Tax" (where such term is not capitalized) means the amounts imposed pursuant to Section 2.12.010 of this Chapter; "Tax" (where such term is capitalized) means 1) the tax and 2) any applicable interest and penalties imposed by this Chapter and 3) any amount collected by an operator under a representation that it is a tax which is not refunded in accordance with this Chapter. .100 "Transient" means any person who exercises occupancy, or is entitled to occupancy, of any room, space, lot, area or site in any hotel by reason of concession, permit, right of access, license or other agreement, whether written or oral. Any such person shall be deemed to be a transient until the thirty-first (31st) consecutive day of such occupancy and the tax shall be due upon all rent collected or accruing prior to said thirty-first (31st) consecutive day unless the occupancy is pursuant to a Qualifying Rental Agreement. 2.12.010 TRANSIENT OCCUPANCY TAB IMPOSED .010 For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of thirteen percent (13%) of the rent. .020 Notwithstanding subsection .010 above, where an operator has entered into a binding written contract with any party (the "rate contract") which rate contract (i) was entered into by all parties thereto and in full force and effect prior to April 7, 1992, (ii) agreed to provide occupancy in a hotel to transients, on whose behalf of such parties have contracted, at an agreed upon rate or price specified in said contract (the "contract price") which contract price expressly includes applicable tax imposed pursuant to this chapter, and (iii) said tax which was expressly included in said contract did not exceed the applicable tax in effect pursuant to this chapter on April 7, 1992, the following provision shall apply with regard to the amount of tax imposed pursuant to this chapter upon any transient for the privilege of occupancy in any hotel under the terms of such rate contract for the period commencing on July 1, 1992 and ending on the last date of occupancy pursuant to the terms of said rate contract, or December 31, 1992, whichever occurs earlier: For the privilege of occupancy of space in a hotel, each transient is subject to and shall pay a tax in the amount of eleven and six -tenths percent (11.6%) of the rent. 3 A The License Collector shall issue forms and regulations to implement the provisions of this subsection. 2.12.015 EXEMPTIONS No tax shall be imposed upon any person as to whom, or any occupancy as to which, it is beyond the power of Anaheim to impose the tax. 2.12.020 OPERATOR'S COLLECTION DUTIES .010 Each operator shall collect the tax to the same extent and at the same time as the rent is collected from every transient. The amount of the rent and the tax thereon shall be separately stated from all other amounts on all receipts and books of record of the hotel, and each transient shall be tendered a receipt for payment from the operator with rent and - tax separately stated thereon. No operator shall advertise or state in any manner, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator or that the tax will not be added to the rent or that, if added, any part of the tax will be refunded except in the manner hereinafter provided. Notwithstanding the foregoing provision of this subsection, nothing contained herein shall require the operator to separately state the rent and the tax thereon on receipts and books of record or prohibit the operator from advertising or stating that the tax will be assumed or absorbed by the operator or that such tax will not be added to the rent, provided such room accommodations constitute a portion of a collective group of services, privileges, entitlement or benefits (hereinafter "benefits") which benefits include, at a minimum, room accommodations and food and beverage services or room accommodations and at least one other benefit having an ascertainable fair market value (hereinafter "special package") offered for one fixed charge (hereinafter "special package rate"). .011 In the event the operator fails to separately state the rent and tax from other amounts on all receipts and books of record, the operator shall file with the License Collector a statement of each special package rate on a form (hereinafter "Special Package Form") provided by the License Collector. The Special Package Form shall include the special package rate, and an itemization of the values of the items included, including, at a minimum, the rent, tax, and any other item. The operator must submit documentation to substantiate the claimed fair market value of individual items included other than rent and tax. The License Collector shall mark the date of receipt on the Special Package Form and review the submitted information to determine if sufficient information is provided to verify that the numbers are mathematically correct and complies with this Chapter. If the package meets the foregoing 4 A requirements, the License Collector shall assign a unique number to the Special Package Form and return a copy to the operator within fourteen (14) City business days of receipt. The operator may use the assigned unique number or may assign the operator's unique name/number to each package and notify the License Collector to imprint the name/number on the Special Package Form. This unique name/number must appear on all receipts and books of record whenever the package is sold. If the package fails to meet the requirements of this Subsection, the License Collector will advise the operator of any required changes within fourteen (14) City business days. The operator must either make the required changes and resubmit the Special Package Form or comply with subsection 2.12.020.010. A new Special Package Form must be submitted in the event of any change in the special package rate or the specified rate (subsection 2.12.020.013), or other items in the special package which exceeds ten percent (10%) and for any new special package(s) offered/used. Any change of items within the special package constitutes a new special package. The effective date of the special package rate shall be the date of receipt by the License Collector if the package is approved. .012 No Special Package Form shall be accepted for filing unless accompanied by a filing fee in the amount established by resolution of the City Council. .013 As to any package sold by the operator for which the License Collector has approved the package and assigned the unique number, the tax shall apply only to the amount of rent identified in the Special Package Form (hereinafter "specified rate") until such time as the License Collector shall inform the operator that the approval is revoked. .014 In the event an operator fails to comply with subsection 2.12.020.010 and also fails to file a Special Package Form and obtain approval of a specified rate pursuant to subsection 2.12.020.011, the portion of the special package rate attributable to the room accommodations for purposes of determining the tax (hereinafter "imputed rate") shall be deemed the lesser of (a) the amount collected for the total special package or (b) an amount equal to the median average double occupancy room rate for such accommodations as posted in such room pursuant to the requirements of Section 1863 of the Civil Code (or any successor section). The burden to prove such posted room rates shall be upon the operator. In the event the operator fails to present satisfactory proof of such rates, such posted rates shall be deemed the posted rates in effect at the time of the audit. .015 Notwithstanding subsections 2.12.020.011, 2.12.020.013, or 2.12.020.014, if any audit reveals that the gross income to the operator attributable to the accommodations portion of such special package (hereinafter "audited rate") is 5 A more than ten percent (10%) greater than the specified rate, the rent for tax purposes shall be the audited rate. In the event subsection 2.12.020.014 applies and the audited rate is greater than the imputed rate, the rent for tax purposes shall be the audited rate. The audited rate shall be determined by an audit of a sample of the special packages sold by the operator within an individual special package category. The audited rate shall be the amount of the special package rate remaining after deducting the fair market value of each of the benefits included in the special package rate other than room accommodations and room tax. Where more than one type of special package was offered within the audit period, each special package shall be audited separately for purposes of determining the applicable audited rate. Credits or offsets shall not be allowed between different special packages. .020 Any amount charged and collected by the operator from any transient beyond the period for which the tax is imposed, which amount is in excess of the rent theretofore charged the transient for the same accommodations and upon which rent tax was imposed and collected, shall be conclusively deemed collected under the representation by the operator that such excess amount was tax. If the operator gives such person written notice prior to the accrual of the obligation therefor that such excess amount constitutes an increase in the rental rate this subsection shall not apply. The burden to prove such notice shall be upon the operator. .030 Whenever an operator who has collected any sum under the representation that it was tax (which sum was not required to be collected as tax) remits said sum to Anaheim and thereafter refunds such sum in whole or part, such operator may take the amount of such refund as a credit against future transient taxes only upon submitting to the License Collector a statement under penalty of perjury specifying the reasons for the credit and proof of payment of such refund. .040 Nothing contained in this Chapter shall require the refund by Anaheim to any person of any sum collected by the operator and remitted to Anaheim even where such sum was not otherwise required to be collected and remitted. .050 Nothing contained in this Chapter shall be deemed to authorize as a credit against tax any amount paid by the operator to any tour promoter, travel agent, or third party other than the transient. Travel agent commissions are an expense of the operator and may not to be deducted from the rent. 2.12.025 RULES AND REGULATIONS AND INTERPRETATIONS The License Collector may promulgate rules and regulations consistent with the provisions of this Chapter as may 2 I be necessary or desirable to aid in the enforcement and administration of this Chapter. Any such rule or regulation which may affect the amount of the Tax or tax owed Anaheim shall be subject to approval of the City Council. Said rules and regulations shall be filed in the Office of the License Collector and maintained in an orderly and readily accessible manner. The burden to secure and comply with the rules and regulations shall be upon the operator. 2.12.030 REPORTING AND REMITTING .010 Each operator shall, on or before the close of City business on the last City business day of each month (hereinafter "due date"), file a return with the License Collector on forms provided by the License Collector stating the total rents charged and the amount of tax collected during the immediately preceding calendar month. The full amount of the tax (minus any authorized credits) shall be remitted to the License Collector. .020 Taxes are paid only upon receipt of both the tax return and the tax by License Collector. Failure of the operator to submit and the License Collector to receive both the completed return and payment on or before the due date constitutes non- payment. 2.12.040 TABES TO BE HELD IN TRUST .010 All taxes collected by the operator shall be held in trust by such operator for the account of Anaheim until payment thereof is made to the License Collector. .020 Upon non-payment by an operator, or when the City Auditor makes a determination pursuant to Section 2.12.060, the License Collector shall issue a Jeopardy Determination to require the operator to furnish additional information or provide adequate security as necessary to ensure collection of any Taxes due or to become due, and to remit taxes on a daily or weekly basis. The operator shall thereafter report and remit all taxes due under the terms and conditions prescribed by the License Collector. The License Collector shall cancel the Jeopardy Determination once timely accounting and remittance procedures have been established and the operator is satisfying all obligations imposed by law pertaining to the Tax. 2.12.050 DELINQUENT TAB PAYMENTS - INTEREST AND PENALTIES .010 Notwithstanding any other provisions hereof, upon non-payment, interest equal to one and one-half percent (1.5%) thereof per month calculated from the first day immediately following the due date to the date of payment shall be added to the tax. Interest may not be waived. I .020 Notwithstanding any other provisions hereof, upon non-payment, a penalty of ten percent (10%) for each month, or portion thereof, said payment is overdue, shall be added by the License Collector on the first day immediately following the due date; provided, however, that the amount of such penalty shall not exceed fifty percent (50%) of the tax. Penalties may not be waived. .030 In the event of payment of the tax and non-payment of the interest and/or penalties, interest at the rate set forth in subsection 2.12.050.010 shall accrue upon the amount of the unpaid interest and penalties until the date of payment. .040 In the event the Tax becomes final under Section 2.12.060, interest and penalties at the rate set forth in Section 2.12.050 shall accrue upon the amount of unpaid Tax until the date of payment of the full amount of Tax. 2.12.060 FAILURE TO COLLECT AND REPORT TAX - DETERMINATION OF TAX BY CITY AUDITOR - APPEAL .010 If any operator shall fail or refuse to collect said tax and to make, within the time permitted, any report and remittance of tax, or any portion thereof, the City Auditor shall proceed in such manner as the City Auditor may deem best to obtain facts and information on which to base an estimate of the tax. The City Auditor shall proceed to determine and assess the Tax against such operator. The City Auditor shall give notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator at the operator's last known address. .020 An operator who contests the amount assessed may, within ten (10) days after the serving or mailing of such notice, make an Application for Hearing to the License Collector. The Application for Hearing shall specify the basis of the appeal and amount of Tax contested. The License Collector may request additional information pertaining to the appeal which information must be submitted prior scheduling a hearing on the appeal. If Application for Hearing is not made within the time prescribed, the Tax assessed shall be final and conclusive and immediately due and payable. .030 If Application for Hearing is timely made, a Hearing Officer shall be appointed by the License Collector to conduct a hearing on and limited to the issues set forth in the Application for Hearing. The Hearing Officer shall give not less than fifteen (15) days written notice to the operator to show cause at a time and place fixed in said notice why the amount assessed should not be fixed for such Tax. At the hearing, the operator may appear and offer evidence why the Tax assessed should not be so fixed. A rebuttable presumption shall exist at 8 I said hearing that the amount of Tax assessed is correct and the burden of proof shall be upon the operator. .040 After the hearing, the Hearing Officer shall determine the proper amount of the Tax and shall thereafter give written notice to the operator and the License Collector of such determination. The amount determined to be due shall be due and payable fifteen (15) days from the date of service of said written notice. .050 The Hearing Officer may be an employee of Anaheim; provided, however, that upon the agreement of the operator to pay the costs associated with the hearing and the deposit of sufficient funds to cover said costs, the License Collector shall appoint a Hearing Officer, acceptable to both the operator and the City Attorney, who is not an employee of Anaheim. .060 Notwithstanding the provisions of Section 1.12.110 of this Code, the decision of the Hearing Officer shall be final and conclusive and shall be the final administrative procedure available to the operator or to Anaheim. 2.12.075 PAYMENT UNDER PROTEST REQUIRED Notwithstanding any provision to the contrary, any operator tendering payment of the Tax, or any portion thereof, shall for all purposes thereafter be precluded and barred from appealing, contesting or otherwise challenging the validity of such Tax pursuant to any procedure available in this Chapter or any other legal remedy, unless the payment is made under written protest. Written protest shall be made only by the following methods: 1.) A written notation set forth on the check, money order or negotiable instrument by which payment is tendered, - that the payment is made under protest; or, 2.) A written notice that the payment is made under protest delivered to the License Collector at the time of payment of the Tax. 2.12.080 STATEMENT OF TAB NOT CONCLUSIVE ON CITY .010 No reports or statements of an operator shall be conclusive as to the matters set forth therein, nor shall the filing of such reports or statements preclude Anaheim from collecting by appropriate action such sum as is actually due and payable. Each report or statement and each of the items therein shall be subject to audit and verification by the City Auditor, or authorized agents of the City, who are hereby authorized to examine, audit and inspect such books and records as may be necessary in their judgment to verify or determine the Tax due. 0 A .020 Every operator shall keep and preserve for a period of not less than four (4) years all records as may necessary to determine the Tax, which records shall be made available upon demand of the City Auditor at all reasonable times. Each operator shall permit an examination of such books and records at a location within Anaheim. In the event the books and records cannot be made available within Anaheim, the operator shall reimburse Anaheim for the cost of all transportation, lodging, meals, portal to portal travel time, and other incidental costs reasonably incurred by Anaheim in conducting the audit. .030 Confidential or proprietary information furnished to or secured by Anaheim from an operator in the implementation of this Chapter shall be confidential. Unauthorized disclosure or use of such confidential information by any officer, agent or employee of the City shall constitute a misdemeanor; provided, however, this section shall not apply to any disclosures made in connection with any hearing, appeal, or any civil action or proceeding relating to the determination or recovery of the Tax, or any prosecution of any person for violations of any provision of this Chapter or any criminal or civil proceeding pertaining to the Tax. 2.12.090 TRANSIENT OCCUPANCY TAR A DEBT - CIVIL ACTION .010 The tax constitutes a debt owed by the transient to Anaheim which is extinguished only by payment of the tax to the operator. The transient shall pay the tax to the operator at the time the rent is paid. If rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. The Tax imposed by this chapter constitutes a debt owed by the operator to Anaheim which is extinguished only by payment of the Tax to Anaheim. Any transient or operator owing Tax or Tax to Anaheim shall be liable in an action brought by Anaheim for the recovery of such amount. .020 Recording of a Certificate of Lien. If any Tax is not paid when due, the License Collector may record in the Office(s) of County Recorder(s) of such counties as the License Collector may determine, a Certificate which specifies the amount of Tax due and the name and address of the operator owing the Tax. The Certificate shall include a statement that the License Collector has complied with all legal requirements in the determination of the Tax owed and a legal description of the real property of the owner. Upon recording of the Certificate, the Tax constitutes a lien upon all real property owned or thereafter acquired by the operator. The lien has the force, effect and priority of a judgement lien. 10 A .030 Warrant for Collection of Tax. At anytime after the recording of a Certificate of Lien under subsection 2.12.090.020, the License Collector may issue a warrant directed to any sheriff or marshal for the enforcement of the lien and the collection of such Tax. The warrant shall have the same effect as a writ of execution, and be executed in the same manner and with the same effect as a levy and sale pursuant to writ of execution. The Finance Director shall, at the request of the License collector, pay or advance to the sheriff or marshall such fees, commissions and expenses for services as are provided by law. .040 Seizure and Sale. In lieu of issuing a warrant pursuant to subsection 2.12.090.030, after an assessment is issued or a Certificate of Lien is recorded, the License Collector may collect the delinquent amount by seizing or causing to be seized any property, real or personal, of the operator and selling non-cash or nonnegotiable property at public auction to pay the Tax due together with any costs of the seizure and sale. Any seizure made shall only be of property not exempt from execution under the provisions of the Code of Civil Procedure. SECTION 2.12.095 DUTY AND LIABILITY OF OPERATOR'S SUCCESSOR .010 Any operator liable for any Tax who sells or otherwise disposes of a hotel, and the operator's successor, shall notify the License Collector of the date of sale at least thirty (30) days prior to the date of the sale or, if the agreement to sell or otherwise dispose of the hotel was made less than thirty (30) days prior to the date of sale, immediately. The successor shall withhold from the operator for the account of Anaheim a portion of the purchase price sufficient to pay the amount of the Tax owed to Anaheim until the operator secures a written "Transient Occupancy Tax Clearance Certificate" from the License Collector stating that no Tax is due from the operator through the date of the sale. If no Transient Occupancy Tax Clearance Certificate is presented by the operator to the successor within thirty (30) days after the successor commences operation of the hotel, the successor shall immediately deposit with the License Collector the amount withheld from the purchase price Collector to be applied to the amount of the Tax owed by the prior operator. .020 If the successor fails to withhold the amount required by subsection 2.12.095.010, the successor is liable to Anaheim for payment of the Tax owed by the operator. .030 The License Collector shall, within thirty (30) days of receipt of a written request for a Transient Occupancy Tax Clearance Certificate, either issue the Certificate or give written notice to the operator, with a copy to the successor, of 11 A the amount of Tax which must be paid to secure issuance of the Transient Occupancy Tax Clearance Certificate. The Transient Occupancy Tax Clearance Certificate shall be a defense, available solely to the successor and not the operator, to any claim the City may assert against the successor for Taxes owed by the operator. .040 Any operator from whom the successor has withheld and paid to the City a portion of the purchase price may challenge the City Auditor's determination pursuant to Section 2.12.060, by making application in writing for a hearing on the amount determined by the City Auditor within ten days of mailing by the License Collector. Following receipt of a timely request for hearing, the hearing provisions of Section 2.12.060 shall apply. 2.12.100 REMEDIES CUMULATIVE All remedies prescribed by this Chapter or any other provisions of law and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter. 2.12.110 REIMBURSEMENT TO QUALIFYING ORGANIZATIONS .010 The City shall reimburse any Qualifying Nonprofit Service Organization in an amount equal to the tax paid by the organization to a hotel to shelter homeless persons. .020 Any organization seeking reimbursement shall file, in July of each year, a demand seeking reimbursement (accompanied by documentation establishing an entitlement to reimbursement) with the Finance Director for the tax paid by the organization during the preceding fiscal year. The Finance Director shall draw a check or warrant upon the City Treasurer for any such demand or portion thereof which has been audited and approved as meeting the requirements for reimbursement. The decision of the Finance Director shall be final. .030 No reimbursement shall be allowed for any demand filed later than the last City business day of July for the immediately preceding fiscal year." SECTION 2. 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. 12 A SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, tax, interest, penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. EFFECTIVE DATE This ordinance shall take effect on the first day of July, 1992. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 27th day of May , 1992. /41'- e, � MVOR OF THE CITY OF EIM ATTEST: CITY CLERK OF THE -CITY OF ANAHEIR -- MES:dnl OTOTFINAL.10 051992 13 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. 5305 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th day of May, 1992 and amended first reading at a regular meeting of the City Council of the City of Anaheim, held on the 19th day of May, 1992, and that the same was duly passed and adopted at the adjourned regular meeting of May 26, 1992 on the 27th day of May, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Picker and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Daly AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5305 on the 28th day of May, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of May, 1992. *'O�- 0��e =s�a� 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. 5305 and was published once in the Anaheim Bulletin on the 6th day of June, 1992. CITY CLERK OF THE 61OF ANAHEIM