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70R-131 - .- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM > ss. ~. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that t~e foregoing Resolution No. 70R-131 was intro- duced and adopted at a regular meeting, provided by law, of the City Council of the City of Anaheim, held on the 10th day of March, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Pebley and Schutte NOES: COUNCILMEN: None ABSENT: COUNcf;ILMEN: Clark AND I FURTH$R CERTIFY that the Mayor Pro Tern of the City of Anaheim approved a~d signed said Resolution No. 70R-131 on the 10th day of March, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed the official seal of the City of Anaheim this 10th day of March, 1970. ~~ -=w 2);-:~~ ITY CLERK OF THE CITY OF ANAHEIM ( SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-131 duly passed and adopted by the Anaheim City Council on March 10, 1970. ~ . ~ ~ ~4..~~~J City Clerk -. - RESOLUTION NO. 70R-13l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT ENTERED INTO BY AND BETWEEN THE CITY OF PASADENA AND CHARLES H. OLSEN AND AUTHORIZING THE FINANCE DIRECTOR OF THE CITY OF ANAHEIM TO PAY THE CITY OF ANAHEIM'S PRO- PORTIONATE SHARE OF THE EXPENSE OF SAID AGREE- MENT. WHEREAS, in the 1969 session of the State Legislature, there was introduced Assembly Bill 1618, which would have provided a State-levied tax upon municipally-owned electric utilities in the amount of 14 percent of gross receipts of such utilities; and WHEREAS, Assembly Bill 1618 was referred for interim study to the Assemb~y Committee on Revenue and Taxation, and a hearing was held by said Committee in San Francisco in November of 1969, and at such hearing it was stated that legislation along the same line would be introduced into the 1970 State Legislative Session in Sacramento; and WHEREAS, it was further stated by members of the Assembly Committee on Revenue and Taxation that this proposal was but a first step and undoubtedly would be followed by similar legislation levying a State tax upon other municipal utility operations; and WHEREAS, AB 908 has been introduced in the 1970 session of the Legislature and such bill provides for a State-levied tax upon municipally-owned utilities in the amount of 14 percent of gross receipts of such utilities; and WHEREAS, the cities of Anaheim, Burbank, Glendale, Pasadena and Riverside operate electric utilities and would be directly and adversely affected by AB 908 and any such legislation levying a State tax upon city utility operations: and WHEREAS, it is the desire of each of these cities to have a Legislative Advocate to assist the cities in opposition to AB 908 and any legislation in the 1970 State Legislative Session which would propose to levy any tax upon any city utility operation; and WHEREAS, the cities of Alameda, Biggs, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Roseville, Santa Clara and Ukiah operate electric utilities and would be directly and adversely affected by AB 908 and any such legislation levying a State tax upon city utility operations and it is the desire of each of these cities to have a Legislative Advocate assist and represent them in opposition to AB 908 and any other legislation in the 1970 State Legislative Session which would propose to levy any tax upon any city utility operation; and WHEREAS, Charles H. Olsen is known to be qualified and experienced in the field of legislative advocacy and has expressed a willingness to undertake such services on behalf of said cities; and WHEREAS, the City of Pasadena intends to employ Charles H. Olsen to represent said cities as hereinabove mentioned. -1- ~~'M_'.""~~' _._.._._~.___~_._,.~..- NOW, THEaEFORE, BE IT RESOLVED by the City Council of the City of Anaheim that an agreement between Charles H. Olsen and the City of Pa$adena containing the following terms and conditions is hereby approved. 1. The Contractor will assist the cities of Anaheim, Burbank, Glendale, Pasadena and Riverside and will represent them as a Legislative Advocate throughout the 1970 session of the Califo~nia State Legislature in opposition to AB 908 and any bill which comes before said Legislature which would provide for a tax or other charge upon any city utility. In so doing, the Contractor will also represent the cities of Alameda, Biggs, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Roseville, Santa Clara and Ukiah and express their opposition to said proposed legislation. 2. In providing the services to said cities as herein required, Contractor will work in very close coordination with the California Municipal Utilities Association, the League of California Cities, and representatives of other cities and districts who may likewise be opposing said type of legislation. 3. In providing said services, Contractor will work with and under the direction of city managers of said cities of Anaheim, Burbank, Glendale, Pasadena and Riverside. 4. City shall pay to Contractor for the services to be rendered hereunder the total sum of $8,000.00 which sum shall constitute full payment for services rendered, includ- ing any and all expenses incurred by Contractor. 5. Payment to Contractor by City shall be made in four equal installments of $2,000.00 each, said payments to be made on the fifteenth day of March, April, May, and a final payment of $2,000.00 upon the close of the legislative session. 6. This agreement contemplates the personal services of Contractor and this agreement, or any portion thereof, shall not be assigned by Contractor. 7. Contractor shall not hold himself out or represent that he is in any manner, the agent, servant, or employee of City, it being understood that Contractor is in all respects an independent contractor. 8. Contractor shall file with the city managers of the cities of Anaheim, Burbank, Glendale, Pasadena and Riverside a complete list of his clients for legislative services, and shall keep said list current. Contractor shall report tMmediately to said city managers any conflict of interest or conflict between the best interests and instructions of the said cities and any other client of Contractor. If, in the judgment of the said city managers, any such conflict shall interfere with the services to be rendered by Contractor hereunder, this agreement shall immediately terminate. 9. This agreement may be terminated by either party on ten days' written notice to the other party. Upon termina- tion, each party shall be relieved from any further obliga- tions hereunder, except that City shall pay to Contractor -2- --"-............--- ......., ~~ any sums due for services rendered prior to date of termina- tion, based p~oportionally on the pay schedules outlined in paragraphs 4 and 5 of this agreement. 10. Should Contractor become physically incapacitated so as to render him unable to perform the services required under this ag~eement, City shall not be obligated to pay Contractor the compensation, as set forth in paragraphs 4 and 5 of this agreement, which would otherwise have been paid during the period of incapacity. 11. Contractor agrees: a. To gather, organize, present and disseminate such pertinent information and data to state legislative bodies and officials, and such others as the said cities, acting through their city managers, may direct from time to time, for the purpose of acquainting such bodies and persons with the facts concerning said proposed legislation and its impact upon said cities. b. To devote his best efforts for the benefit of said cities and the accomplishment of the purposes and objects of this contract. c. To report on a monthly basis, in writing, to said city managers on his activities on behalf of the cities. 12. Any notices required to be given hereunder may be given by depositing notice in the united States Mail, addressed to the Contractor at suite 824, 417 South Hill Street, Los Angeles, and to the City of the office of the City Manager, City Hall, 100 North Garfield Avenue, Pasadena, California. BE IT FURTHER RESOLVED that the Finance Director of the City of Anaheim is authorized to pay the proportionate expense of the City of Anaheim not to exceed the sum of $1,600.00. THE FOREGOING RESOLUTION is approved and signed by me 10th day of March , 1970. this (j~ MAYOR/ OF PRO TEM ATTEST: ~ #cr2~- C T LE OF T . TY OF ANAHEIM -3- ARW/ms-3-l2-70 o__~,~....