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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. 360 _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 361