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1977/10/28Special Meeting of the Anaheim City Council - Council Chamber October 28~ 1977 - 1:30 P.M. 77-1183 PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom COUNCIL MEMBERS: None CITY MANAGER: William O. Talley CITY ATTORNEY: William P. Hopkins CITY CLERK: Linda D. Roberts UTILITIES DIRECTOR: Gordon Hoyt In accordance with Section 507 of the City Charter and Section 54956 of the Government Code, a Special Meeting of the Anaheim City Council was called for the purpose of considering: Disposition of the Resolution Nos. 77R-696 and 77R-697 pertaining to the Integrated Operations Agreement with Southern California Edison Company and the agreements in connection with the City's participation in San Onofre Nuclear Generating Station, Units 2 and 3. At the request of Councilwoman Kaywood, the minutes of the following Special Meeting of the Anaheim City Council were transcribed verbatim from a tape re- cording of said meeting. "THOM: Good afternoon ladies and gentlemen. The Anaheim City Council is now in session, in a Special session. As my fellow Council Members know, I put out a memo to you the other day indicating in that memo my reluctance to sign the two resolutions which dealt with Items 4 and 5 on Tuesday's agenda and as part of that memo, I stated that if any of you would like a Special Council Meeting called prior to next Tuesday to attempt to resolve the dilemma to notify the City Clerk. One member of the Council did, and, therefore, the Special Session is called. I would request that the Council Members reconsider their actions on Items 4 and 5 of last Tuesday's meeting, specifically the resolution authorizing an agreement with the Edison Company and authorizing the Utilities Director to sign the agreement; and the second resolution authorizing the execution of letter agreements and other types, participation agreements to San Onofre, Units 2 and 3, Supplemental Agreements for Integration, and Edison-Anaheim- San Onofre Transmission Service Agreement. I would, therefore, put that motion before you that you consider, that you reconsider, these two items. Is there a second to the motion? KOTT: THOM: Second. The motion has been made and seconded. We'll have a roll call vote. ROBERTS: The motion has failed to carry by the following vote: AYES: COUNCIL MEMBERS: Kott and Thom NOES: COUNCIL MEMBERS: Kaywood, Seymour and Roth 77-1184 THOM: HOPKINS: THOM: SEYMOUR: THOM: HOPKINS: Special Meeting of the Anaheim City Council - Council Chamber October 28~ 1977 - 1:30 P.M. I think it would be then appropriate, ladies and gentlemen of the Council, to request that the City Attorney outline possible pro- cedures that you can use to compel the execution of these agreements. Mr~ Mayor and Members of the Council, it was my understanding that due to the fact that this might possibly involve litigation that the Council Members may desire to discuss the litigation aspect in Executive Session, however at the Council's pleasure we will arrange either way. I think it would be, perhaps, best to deal with it publicly. my opinion, I'll leave it up to the rest of you. I'm prepared to deal with it publicly. Ail right sir. That's We are dealing, primarily, sir, with the Charter of the City of Anaheim and specifically I was referring to Section 511, which refers to all ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk. We have done considerable research in our office with respect to this matter and we are prepared to issue a ruling, which I will give copies of to the Members of the Council, which states basically that when three ~nembers of the City Council of the City of Anaheim cast affirmative votes for a resolution, t~at the resolution is legally valid at ~h~t Lime and the enactment becomes effective at the time of sucb affjw~at~-~e votes. The signing of such a resolution is merely a mJ~ ~e~al duty for the purpose of authenticating the action of the ~i!~v Council and giving notice of the contents thereof and is not ~ ,~nc.~.~t~on precedent to the validity of such resolution, and we base t~at ,opinion on a decision of the Supreme Court of California that ~as decided back in 1925 and is still good law. It's Pacific Palisades Association vs. City of Huntington Beach, and that is found i~ the Pacific Reporter, 237 Pacific Reporter 538. So it would bm our opinion that the resolutions referred to are effective upon the ~!'f~rmative votes being cast and that if the other party, Edison C~;~any and the other cities, are satisifed with an unsigned resoluti~>~, that this would be acceptable. The other recourse that the Council refers to, if the Mayor, of course, is unavailable or absent or unable, to perform his duties because of disability, the Section of the Charter., 504, would be applicable that the Mayor Pro Tem could then perform the duties of the Mayor; however, the Mayor, in this case, there's no indication of any intent to be absent or disabled, so therefore the Mayor Pro Tem would not be authorized to sign on his behalf. The other possibility that we have found in the research that we have done, is that a proper court action could be brought in the form of the Writ of Mandamus to compel the Mayor to sign the resolutions. This would be done in the form of a petition to the Superior Court, requesting that the Court issue an Alternative Writ of Mandamus to direct the Mayor to sign the resolutions. Special Meeting of the Anaheim City Council - Council Chamber October 28~ 1977 - 1:30 P.M. 77-1185 THOM: HOYT: SEYMOUR: Whether litigation would be a proper recourse is something that the Council should consider, and I believe that Mr. Watts and perhaps Mr. Hoyt have some comments that they would make in that respect as to the effect of litigation on this entire matter. The other recommendations that we have, deal with the Section of the City of Anaheim Charter dealing with contracts. Specifically I'm referring to Section 518, of the City Charter, which provides that the City shall not be bound by any contract, except as herein- after provided, unless the same shall be made in writing approved by the City Council and signed on behalf of the City by the Mayor and the City Clerk, or by such other officer or officers as shall be designated by the City Council. Any of said officers shall sign a contract on.behalf of the City when directed to do so by the City Council, and it is our opinion that a motion of, which is duly passed by the majority members of the City Council, would be sufficient to direct the Utilities Director to sign these agreements and there would be no necessity then for signing of a resolution, and we would recommend that at this meeting the Council take the vote on a motion which would read into the minutes and the record all the provisions of the resolutions that were the subject of this motion, and then direct the Director of Utilities to sign the agreement. We would recommend that it be done at this meeting and also on the regular meeting next Tuesday inasmuch as there is always a possibility that this might be considered an order to pay money, and these can only be authorized at a regular meeting. So as a double precaution, a reading of this motion today and also next Tuesday would cover the matter. These are our legal opinions, and I believe that Mr. Watts and Mr. Hoyt have some other comments concerning the other parties' attitude in this ma~tter. Would Mr. Watts and Mr. Hoyt like to speak collectively, in tandem, or individually? Evidently individually. I guess individually, Mr. Mayor. I don't see Mr. Watts so we can't speak together. I'd be happy to discuss this situation, of course, with Southern California Edison Company. I have received no firm offer from them, they're somewhat nonplused. They are interested in seeing the City Attorney's ruling. I suggested that might be a way of handling it. The motion route might be a way of handling it, and I asked their attorneys if they thought that would be satisfactory; their response was "we're not experts in municipal law; we're just not, we're not prepared to answer that question without some research," and they smiled; and I guess that's about where we are as regards to the Southern Cal Edison Company. Incidentally, this, the actions similar to those taken by the City Council last Tuesday on these items were also taken, it's my under- standing, unanimously by the Riverside City Council Tuesday evening. Mr. Chairman, I have a question of the City Attorney. Where are these resolutions that are to be signed, where are they physically, have they been prepared? 77-1186 Special Meeting of the Anaheim City Council - Council Chamber October 28~ 1977 - 1:30 P.M. HOPKINS: SEYMOUR: HOPKINS: ROBERTS: SEYMOUR: THOM: SEYMOUR: THOM: I believe the City Clerk has them, Councilman Seymour. We have them before us now then. Is that correct Mrs. Roberts? Yes. Mr. Chairman, it is my very strong feeling that your action and your unwillingness to sign the resolutions as approved by a majority of this Council .... My reluctance. Well, you indicated not only reluctance, but you indicated in your memorandum that in the event that we were to go to court and get a Writ of Mandamus, and in that event, you might sign them. Now, I define that and interpret that to be a thwarting and frustrating action on your part, not only of the electorate of the citizens of Anaheim who authorized the action that we took Tuesday, but in in addition to that, it thwarts and frustrates the action of this body. In my opinion, you have, if you follow through with that action, you have not only violated your oath of office you took upon taking your office, but, in fact, you will have committed an illegal act in violation of the City Charter. Now I am prepared to make whatever motion or series of motions that will effect the following, unless you are prepared to sign those resolutions now, in this meeting, and they would go as follows: (1) a motion to direct the Utilities Director to sign any and all documentation to insure the viability of meeting the contract date of November 1, relative to the generation plant at San Onofre, (2) to direct the City Attorney to obtain a Writ of Mandamus as quickly as possible and upon the receipt of that Writ of Mandamus, to then either direct the City Attorney, the District Attorney's Office or the Attorney General's Office to immediately begin prosecution against you for violation of the City Charter. Now you can take it one way or you can take another, and I'm happy to lead the way in whatever event. Either you sign those documents here, before the Council, right now, or I'm prepared to introduce those motions and move on with this. I might be prepared to do that if the motions were made and passed. I might consider that compelling enough in that if you instruct the City Attorney to seek a Writ of Mandamus and the, by motion, and that motion is upheld, then I know the City Attorney will seek the Writ of Mandamus and obtain it, and I know then upon a court order I would sign it. So I would, I would respectively ask that you insti- tute that motion to do it and if that motion carries, then I will do it. If you don't put the motion into effect, then obviously your convictions as to it are somewhat tremulous and may even be supportive of mine. Special Meeting of the Anaheim City Council - Council Chamber October 28~ 1977 - 1:30 P.M. 77-1187 SEYMOUR: ROTH: KAYWOOD: THOM: ROBERTS: THOM: SEYMOUR: THOM: SEYMOUR: KAYWOOD: THOM: Well, Mr. Thom, then let me make the motion and make it very clear. I would offer a motion to direct the Director of the Utilities Department to sign whatever documentation necessary to conclude our agreements prior to the expiration date of November 1, relative to San Onofre, (2) Direct the City Attorney to seek a Writ of Mandamus requiring the Mayor to sign resolutions, (3) Direct the City Attorney to make a recommendation to this body as to who is the appropriate prosecuting individual, whether it be the District Attorney or the Attorney General, to, upon receipt of that Writ of Mandamus, to prosecute the Mayor for illegal conduct and violation of the City Charter. I so move. I'll second it. Second. Roll call on the motion. The motion has been carried by the following vote: AYES: COUNCIL MEMBERS: Kaywood, Seymour and Roth NOES: COUNCIL MEMBERS: Kott and Thom Very good. I would then take this position. The motion has carried. The proper amount of compelling actions are under way and I can, in good conscience, say that I am compelled to sign the resolutions. Therefore, I will execute them under the compelling threat of a Writ of Mandamus. I would like the minutes of this meeting to reflect the fact that I am signing them under threat of Writ of Mandamus compelling me to execute them. Mr. Chairman, can we have those resolutions signed now? Surely. Thank you. May we also have a verbatim minutes of this Special Meeting at the taxpayers' expense? Requested by Council Member Kaywood, at the taxpayers' expense. I would like to thank my fellow Council Members, and I would like to apologize to them for any inconveniences that this action has caused them. I know that it caused you no small amount of incon- venience to have to attend another Council meeting this week, but you all know my feelings on this and my opposition to it cannot falter, and I needed the compelling circumstances to force me to do this and you have brought them about, and I appreciate your doing that, and I apologize to you for any inconveniences I caused you. (NOTE: Mayor signed resolutions during meeting) Those are all? Those are~the two resolutions. A motion to adjourn would be in order. 77-1188 Special Meeting of the Anaheim City Council - Council Chamber October 28, 1977 - 1:30 P.M. KOTT: THOM: KOTT: Mr. Mayor, before you adjourn I just have a comment I would like to make, that while I understand your situation, I understand your reluctance to sign, and Councilman Seymour, apparently Councilman Roth, Councilwoman Kaywood's desire to uphold the law. I can't let this go in all good conscience without making a few comments in that regard. Now, first of all, I would like to state that I have here before me a letter from the Anaheim Chamber of Commerce. It states that the Board of Directors of the Anaheim Chamber request the Mayor to comply with provisions so on, so on, and so on. So, well, it's my understanding that Councilman Seymour is the person who called the Chamber of Commerce, namely the person of Larry Sierk, and they all got together this morning and without really ever putting forth any effort into the issue itself, the issue of the electrical contracts, they put together this resolution and I, myself, know of about a half a dozen of the Board of Directors who weren't there. So they do again offer another stage of uncredibility, which is typical for the Chamber. I think too, I think too, the position that the three Council persons have taken while I agree with them in upholding the law, I do feel the idea of involving the Chamber in a political matter, which really doesn't belong to them, I'd rather see them busy bringing business into the area, which there seems to be a lack of, I do feel that it is a disgrace the way Councilman Seymour handled that situation. I think that if he could handle these things as a person and as a man, by himself, without calling on people who haven't made a study and really don't know what the thing is all about. I would have a higher regard for him. I still say that I am not willing to gamble with the taxpayers' money and that's exactly what this is, it's a big, big gamble, and I don't think that anyone sitting on this Board here, on this Council, in his right mind would enter into a proposition like this on his own personal basis. I think that this is a disgrace to the community the way. this has gone. It's just a mockery really, because there are some of us who do have honest differences of opinion and just because we have honest differences of opinion, doesn't mean that you can't be friends or you run to mama, or you run somewhere else to do your dirty work for you. I don't appreciate that type thing. Is there more? (staff entered with packets) This thing is laden with unknowns such as taxes, interest and probable court costs. And, $51 million is just the tip of the iceberg, as I see it. Furthermore, Councilman Seymour alludes to the fact that the people voted for it. Well, they did vote for it. They voted for 25% reduction in electricity for $150 million. You're not going to see 25% reduction for $150 million. It's got to be at least a billion dollars Or more, and there still may not be any reduction in electricity, electrical rates. It won't be there. That's what this says and it just so happens that he was one of the promoters of Proposition A, along with the Chamber of Commerce, Rockwell International and other corporate entities because they were trying to protect Special Meeting of the Anaheim City Council - Council Chamber October 28, 1977 - 1:30 P.M. 77-1189 SEYMOUR: KOTT: SEYMOUR: KOTT: WOMAN IN AUDIENCE: SEYMOUR: WOMAN IN AUDIENCE: SEYMOUR: WOMAN IN .~UDIENCE: KOTT: WOMAN IN AUDIENCE: KOTT: WOMAN IN AUDIENCE: VOICE FROM AUDIENCE: SEYMDUR: themselves. And it's my feeling that this is not in the best interest of the residential homeowner of this community. And so, while I do agree with upholding the law, I feel the Mayor did the correct thing, I do not agree with the method that this was achieved. Mr. Chairman, may I have the opportunity to respond? First of all Dr. Kott, let me assure you that I find no fault whatsoever with an honest difference of opinion. I think that's healthy that, for example, yourself and the Mayor, as well as two members of the Utilities Commission, have diverse opinions. Well, why didn't you invite us to the Chamber meeting? Why weren't those two members of the Utilities Commission invited? Dr. Kott, do I have the floor? Well, I'm just telling you they weren't invited. You weren't invited Dr. Kott. Could I have... And he didn't call the meeting; you weren't invited. Mr. Chairman.. Why don't you guys do this kind of bickering in private? that or let some of us talk. Why? Either Because we have ideas; we're the voters; we're the people that made the mistake of putting you up there. Well then, you can express yourselves at the polls. We will, believe us. I believe this is an open Council Chamber, isn't it? Mr. Chairman, as I was saying, I find no fault whatsoever and, in fact, I respect your right and your responsibility, as well as Dr. Kott's, to voice your opinion as well as your philosophy. I have no problem with that. The problem that I have, and I believe the problem that the Chamber saw, as well as any other respected citizens' group, individually or collectively would obviously see, and if you'll 77-1190 KAYWOOD: Special Meeting of the Anaheim City Council - Council Chamber October 28~ 1977 - 1:30 P.M. check the resolution that we received from the Chamber of Commerce, it says nothing about generation, yes, no or indifferent. It says uphold the City Charter, abide by it, and that's all it says. As far as my going to the Chamber of Commerce or any other group in this City, individually or collectively, not only am I unashamed that I've done it, but I guarantee you Dr. Kott, in the future I will go to whatever end of this City, to how many, whatever number of citizens it takes, to tell them, so that they might be informed and vote intelligently at the polls, just what type of circus takes place in these Chambers on a weekly basis. And if I can find support and understanding for that viewpoint in the Chamber of Commerce, Board of Realtors, the YMCA, in Anaheim Beautiful, in whatever women's activities there are, whatever group or individually that I can communicate that to, I not only have a responsibility as an elected official to do that, but I assure you I intend to follow through and complete it. Now, I didn't hold anything back. I haven't come backdoor on this matter. I didn't call for this Special Meeting. The Mayor refused to sign some documents. In my opinion, that's a violation of the law. And you say you want to uphold the law, then you respond to why you've just voted "no" on the motion that was placed before the body because that's ~11 that motion dealt with, was the upholding of the City Charter. Relative to the ballot issue, I guess on either side of the question the political rhetoric can fly both before, during, and after such an election, but the facts are that once an election takes place, then the responsible people must carry forward in relationship to how the ballot question was answered. If, in fact, you don't accept that as a basic principle and foundation of a democratic government, then you can always interject, no matter what the circumstances are, the idiocy of the people didn't understand; the people were fooled. Well, the people aren't fools. They're not idiots. And I think you'll probably find that out if you should dare choose to run for your office again. (applause) Mr. Chairman, I would like to make a comment here. On the minutes of March 1, 1977, there is a verbatim transcript of the evening portion that was with regard to contructing a civic center. And there is some, prior to the portion I'm going to read, Mr. Hasselbrink was speaking regarding the location of the City Hall and referred to Dr. Kott's comments at the prior Council meeti~g that the people overwhelmingly selected the site known as the Lincoln Avenue site. Mayor Thom interjected "Kott may have said that. I provided him with that information. I subsequently learned I was in error -- it was not 2-1, but he was quoting me." On the next page, Mayor Thom said, "I feel very obligated by any result of any election carried on at any Regular Election or any Special Election: when the electorate have spoken, in my personal opinion, their preference is binding until they choose to change it." Further on in the meeting, there was a comment by Joe White who Special Meeting of the Anaheim City Council - Council Chamber October 2.8~ 1977 - 1:30 P.M. 77-1191 HOPKINS: THOM: KAYWOOD: HOPKINS: SEYMOUR: KAYWOOD: THOM: said on the "vote of the site questioned by the majority, if that was 56 or whatever. If I recall, we have a president that was elected, possibly less than 51% and he still seems to be the President of these United States. If they want to get a referendum to change the location, I think they should, but until then I think there is one location. The people voted for it regardless of how many voted." Mr. Mayor and Members of the Council, if I may just invite the Council's attention to the fact that this is a Special Meeting and and that the stated purpose of it was the disposition of Resolutions 77R-696 and 77R-697 (THOM: You're correct.), and it would be improper to deviate from the announced... It is improper. However, Council Member Kaywood consistently falls off into the hereafter. I just thought I'd let someone else, other than me, bring her back around on track. I must commend you for that. I was merely responding to the fact that there was an election by the people on Proposition A, and that if the Mayor feels that the vote of the people is significant one time, it should follow through on all the issues. Councilwoman Kaywood, I wasn't directing it toward you. I was just cautioning the Council that this was a Special Meeting and to carry on beyond that is a Brown Act... I move to adjourn. Second. (in unison with the Mayor) I second your motion. We are adjourned. Thank you ladies and gentlemen. Adjourned: 2:00 P.M. LINDA D. ROBERTS, CITY CLERK mT ' ' ~