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5692FOLLOWS: ORDINANCE NO. 5692 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 1.04.998 TO CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING THE ANAHEIM RESORT MAINTENANCE DISTRICT ADVISORY BOARD THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That a new Section 1.04.998 be, and the same is hereby, added to Chapter 1.04 of Title 1 of the Anaheim Municipal Code to read as follows: "1.04.998 ANAHEIM RESORT MAINTENANCE DISTRICT ADVISORY BOARD .010 ESTABLISHMENT The Anaheim Resort Maintenance District Advisory Board ("Advisory Board") is hereby established pursuant to Section 900 of the Charter of the City of Anaheim. .020 MEMBERSHIP The Advisory Board shall consist of seven (7) members. .030 ELECTION OF ADVISORY BOARD Y. .010 Elections. The initial Advisory Board shall be elected by the property owners in the Anaheim Resort Maintenance District at a property owners' meeting held within the time and manner provided in subsection .060 of this section. Thereafter, the Advisory Board members shall be elected for all seats then coming vacant at an annual meeting of all property owners as described in subsection .060 of this section. .020 Qualifications. In order to serve on the Advisory Board, an individual must be nominated by the owner of an assessable lot or parcel within the Anaheim Resort Maintenance District at the Initial Meeting or the Annual Meeting at which the election will be held. Both the nominating property owner (or such owner's duly authorized representative) and the nominee of that property owner must be present at the Initial Meeting or the Annual Meeting at which the election is held in order for the candidate to be eligible for election to the Advisory Board. Each owner of an assessable lot or parcel within the Anaheim Resort Maintenance District may nominate up to one candidate for each seat then coming vacant on the Advisory Board. .030 Cumulative Voting. Each owner of an assessable lot or parcel within the Anaheim Resort Maintenance District shall have a total number of votes in the Advisory Board election equal to the number of Advisory Board seats then up for election multiplied by the amount of such owner's assessment (including any zone assessment). Each owner of an assessable lot or parcel within the Anaheim Resort Maintenance District may vote for a number of Advisory Board candidates up to, but not in excess of, the number of seats then open for election on the Advisory Board. Each owner may allocate his total number of votes at his discretion, including, if so desired by an owner, allocating all of his votes to one candidate even if multiple seats on the Advisory Board are then open for election. A representative of the owner of an assessable lot or parcel within the Anaheim Resort Maintenance District must be present at the Initial Meeting or the Annual Meeting in order for that owner to be eligible to vote in the Advisory Board election held at that meeting. The candidate receiving the largest number of votes shall be considered elected to the first open seat on the Advisory Board; the candidate receiving the second largest number of votes shall be considered elected to the second open seat on the Advisory Board, and so on, until all open seats are filled. With respect to the seven members of the Advisory Board first appointed, the four candidates receiving the most votes shall be elected for four-year terms and the three candidates receiving the next highest number of votes shall be elected to two-year terms. Ties in voting shall be settled by the casting of lots. .040 TERM OF APPOINTMENT Each member of the Advisory Board shall serve for a term of four years and until his or her respective successor is elected; provided, however, that the terms of the Advisory Board members first appointed shall expire as follows: Four at the end of four (4) years following their election; Three at the end of two (2) years following their election. .050 VACANCIES Any vacancy occurring before the expiration of the term of an Advisory Board member shall be filled by election of the property owners in the Anaheim Resort Maintenance District at the next Annual Meeting following the vacancy. 2 .060 ORGANIZATION, MEETINGS AND PROCEDURES .010 No later than ninety (90) days after the hearing of the formation of the Anaheim Resort Assessment District as described is Streets & Highways Code Section 22587 (e) a meeting of the property owners shall be held (the "Initial Meeting") at which time the first Advisory Board shall be elected. Thereafter, the Advisory Board members shall be elected for all seats then coming vacant at an annual meeting of all property owners (the "Annual Meeting"). .020 With the exception of the year in which the Initial Meeting is held, the Annual Meeting shall be held between July 1 and September 30 of each year. Notice of the Annual Meeting shall be mailed by first-class mail to each property owner within the Anaheim Resort Maintenance District, the local Hotel/Motel Association, and the Anaheim Visitor and Convention Bureau no less than fourteen (14) days prior to each meeting by the Anaheim City Manager or his designee. The Advisory Board shall meet each fiscal quarter following the Annual Meeting as deemed necessary. .030 All meetings shall be held within the City of Anaheim at a location to be determined by the Anaheim City Manager, and shall be coordinated in all respects and chaired by the Anaheim City Manager or his designee who shall be a nonvoting member of the Advisory Board. .040 The Advisory Board shall be required to comply with the provisions of the Ralph M. Brown Act (Chapter 9 [commencing with Section 54950] of Part I of Division 2 of Title 5 of the Government Code). .050 Recommendations forthcoming from any meeting of the Advisory Board shall be recorded by the Anaheim City Manager or his designee and distributed to all property owners and owners of businesses situated in the Anaheim Resort Maintenance District who annually submit a written request for such information in writing to the Anaheim City Manager. .070 COSTS AND EXPENSES The costs and expenses of including the cost of the Annual Meeting which members of the Advisory Board are the report to be prepared annually by th be included in the costs financed by the Maintenance District. 3 the Advisory Board, of property owners at elected and the cost of e Advisory Board, shall Anaheim Resort .080 NO COMPENSATION Members of the Advisory Board shall serve without compensation. .090 REPORT REGARDING ASSESSMENTS The Advisory Board shall prepare or cause to be prepared a written report to the Anaheim City Council for each fiscal year for which assessments are to be levied and collected in the Anaheim Resort Maintenance District. The report shall be filed with the City Clerk on or before May 31 of each year and shall contain all of the following information: .010 the maintenance, servicing, and promotions recommended by the Advisory Board to be provided for the forthcoming fiscal year, including specifications for each; .020 an estimate of the costs of the maintenance, servicing and promotions recommended by the Advisory Board to be provided for the forthcoming fiscal year; .030 the amount of any surplus or deficit revenues estimated to be carried over from the current to subsequent fiscal year; .040 the amount of any contributions to be made from sources other than assessments levied in the Anaheim Resort Maintenance District; .050 the third party providers, if any, recommended by the Advisory Board to be used to provide maintenance, servicing and/or promotions in that fiscal year; and .060 an evaluation of the Anaheim Resort Maintenance District's performance in the immediately preceding twelve (12) month period against the specifications previously recommended by the Advisory Board and the specifications set forth in the final engineer's report." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, 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 4 elimination herefrom of any such portion as may be declared invalid. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 20th day of July , 1999. MAYOR OF THE CIT OF ANAHEIM ATTES CITY CLERK OF THE CITY OF ANAHEIM 31374.1/CLT W 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. 5692 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of July, 1999, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 20th day of July, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Tait AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5692 on the 20th day of July, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of July, 1999. La=2' S�zZ , CIT A, 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. 5692 and was published once in the North County News on the 30th day of July, 1999. CITY CLERK OF THE CITY OF ANAHEIM