1992/05/27Ci~:¥ Hall~ Anaheim~.Cal£~orn£a - COUNCIL MINtrTES - I~Y 27~ 1992 - 5:00 P.M.
The City Council of the City of Anaheim met in adjourned regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Ehrle, Pickler, Simpson and Hunter
COUNCIL MEMBERS: Daly
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Leonora N. Sohl
CITY TREASURER: Mary Turner
PROGRAM DEVELOPMENT AND AUDIT MANAGER: Ken Stone
Mayor Hunter called the adjourned regular meeting of May 26, 1992 (held today,
May 27, 1992) to order at 3:45 p.m.
pUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council
Agenda items.
ITEMS OF PUBLIC INTEREST: No items of public interest were addressed.
Al. 105: AMENDMENT TO TRANSIENT OCCUPANCY TAX ORDINANCE:
Ordinance No. 5305, amending Chapter 2.12 of Title 2 of the Anaheim Municipal
Code pertaining to Transient Occupancy Tax was submitted. This Ordinance was
introduced at the City Council meeting of May 12, 1992, and a revised version
had amended first reading at the meeting of May 19, 1992.
WAIVER OF READING - ORDINANCE: The title of the following ordinance was read
by the City Clerk. (Ordinance No. 5305)
Council Member Hunter moved to waive the reading in full of the Ordinance.
Council Member Pickler seconded the motion. Council Member Daly was absent.
MOTION CARRIED.
Council Member Simpson offered the revised (May 19, 1992) version of Ordinance
No. 5305 for adoption, amending Chapter 2.12 of Title 2 of the Anaheim
Municipal Code pertaining to Transient Occupancy Tax. Refer to Ordinance
Book.
ORDINANCE 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.
Roll Call Vote on Ordinance No. 5305 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Hunter
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Daly
The Mayor declared Ordinance No. 5305 duly passed and adopted.
A2. 134: 2ND STIPULATION AGREEMENT TAYLOR WOODROW CONSTRUCTION CONVENTION
CENTER BETTERMENT I I I:
Recommendation from the City Attorney was submitted for the City Council to
approve the Second Stipulation Agreement regarding tolling of time limitations
between Taylor Woodrow Construction Corporation, the Community Center
Authority, Anaheim Union High School District and the City of Anaheim.
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_C£t;v Hatllr An&ho:i.mr Cal:i. forn£& - COUNCIL MINUTES - MAY 27, 1992 - 5:00 P.M.
City Attorney White explained that approval of this Second Stipulation
Agreement would allow the parties to meet and resolve differences which remain
relating to construction claims relating to the Betterment III construction
project at the Convention Center. He recommends that Council approve this to
allow the settlement discussions to proceed. Without such stipulation
agreement, it will be necessary for them to preserve their rights and remedies
to file a lawsuit.
Motion to approve the 2nd Stipulation Agreement with Taylor Woodrow
Construction was made by Council Member Hunter and seconded by Council Member
Ehrle. Motion Carried. (Council Member Daly absent)
A3. 112: NEED FOR CLOSED SESSION TO DISCUSS ~LLER VS. CITY OF ANAHEIM:
City Attorney White explained the need for closed session in the Keller vs.
City of Anaheim et al. (Orange County Superior Court Case No. 49-01-37) case
arises from the fact that this case will go to trial before the next regular
City Council meeting. There is an opportunity to settle the case without a
trial and therefore the Attorney needs to have settlement authority. The
offer for settlement had not been made at the time the agenda was posted, and
there is a need to act on this today. On this basis, Mr. White recommended
that the City Council waive the 72 hour posting requirement of the Brown Act
and recess to closed session to meet with its attorney pursuant to Government
Code Section 54956.9(a).
Motion was made by Council Member Pickler, seconded by Council Member Hunter,
that the City Council waive the 72 hour posting requirement of the Brown Act
in order to recess to closed session to discuss pending litigation - Keller
vs. City of Anaheim et al., OCSC Case No. 49-01-37. Council Member Daly was
absent. MOTION CARRIED.
By general consent the City Council recessed to Closed Session. (3:50 p.m.)
AFTER RECESS: Mayor Hunter called the meeting to order, all Council Members
present with the exception of Council Member Daly.
ADJOURNMENT: The adjourned regular meeting of May 26, 1992 was adjourned.
(4:10 p.m.)
LEONORA N. SOHL, CITY CLERK
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