1964/04/177710
City 8~11, Anaheim, california - COUNCIL MINUTES - April 14, 1964~ 1:30 P.M,
On report and recommendation of the City Manager that at the
time the existing use was established, the M-1 Zone on the property
included bowling alleys as an allowable use; Councilman Chandler moved
that the City Planning Commission be instructed to initiate reclassifica-
tion proceedings to the proper zone on subject property, and that the
City Planning Commission make a study of the.existing non-conforming
uses within the City of Anaheim. Councilman Dutton seconded the mo%ion.
MOTION CARRIED.
On motion by Councilman Dutton, seconded by Councilman Schutte,
temporary building permit for the expansion of the existing bowling
alley was authorized, said expansion to be at the owners and developers
risk, pending proper reclassification of the property. MOTION CARRIED.
ANAHEI~ LIBRARY BOARD . APPOINTMENT: On motion by Councilman Krein, seconded
by Councilman Schutte, Mr. C. B. Miller was reappointed Trustee of the
Library Board for the ensuing three year term, ending April 30, 1967.
MOTION UNANIMOUSLY CARRIED.
REPORT - EDISON COMPANY RIGHTS-OF-WAY~ "GREEN BELT": At the request of
Councilman Chandler, Mr. Murdoch reported on the Southern California
Edison Company Easements and the feasibility of using said easements
for park purposes, and advised that Mr. Collier was presently looking
into this possibility, particularly the easement between Walnut and
9th Streets.
ADJOURnmENT$ Councilman Krein moved to adjourn to April 17, 1964, 10:00
A.M. and also moved waiver of further notice to said adjournment.
Councilman Dutton seconded the motion. MOTION CARRIED.
ADJOURNED: 4:13
'City Clerk
Citv~ Hal_l.%_~aheim. California - COUNCIL MINUTES - April ~7, 1964, %~):00 A,M.
ADJOURNED REGULAR MEETING
Mayor Coons called the meeting to order.
PRESENT: COUNCIIAIEN: Dutton, Chandler, Schutte, Krein and Coons
ABSENT: COUNCILMEN: None
PRESENT: CITY MANAGER: Keith A. Murdoch
~ CITY ATTORNEY: Joseph Geisler
: DIRECTOR OF FINANCE: Douglas Ogden
CITY CLERK: Dena M. Williams
Concerning joint participation, the Orange County Board of
SuperviSors and the Citv of Anaheim in the stadium project, Mr. Murdoch
reported on a telephone conversation with Mr. William Phillips, Chairman
of the Board of Supervisors, advising that as of this date the Board has
not met %o review the additional information requested and indications are
that there will be no decision until next week at the earliest. Further,
that although no decision h~s been reached, the Board of Supervisors may
still wSsh to enter into the 3oint Powers Agreement with the City of
Anaheim.
Mayor Coons was of the opinion that if no decision by the Board
o~ Supervisors has been made as of this time, and because of the time
schedule involved, that the City should proceed on their own. This
opinion~was unanimously shared by the City Council.
7711
C~t¥ Hall~ Anaheim~ California - COUNCIL MINUTES - Apri1 17~ 1964~ 10:00 A.M.
F~NANCIAL CONSULTANT: Mr. Douglas Ogden, Director of Finance, reported on
analysis made of proposals submitted by the following Financial Consultants:
Robert E. Schweser Company of California, Ltd. i
Blyth and Company, Inc.
Goodbody and Company - Taylor and Company
Schwabacher and Company - Rafferty and Company, In Joint Venture.
Stone and Youngberg
Ntt. Ogden advised that of the five firms submitting proposals as far
as he was able to determine, only one firm~that of Schwabacher and Company and
Rafferty and Company of San Francisco, had actually acted as consultants for
California non-profit corporations through governmental agencies and has placed
money below an interest rate of four percent~ therefore, it would be his recommenda-
tion that the firm of Schwabacher and Company and Rafferty and Company be employed
at the fee of three tenths of one percent of the amount of bonds actually placed,
fees payable out of bond proceeds when and if any are received.
Mr. Murdoch pointed out that the method recommended would still allow
the firm bidding the lower fee to bid on the bonds.
Ntt. Robert Cathcart, representing Goodbody and Company, the alternate
proposal, noted that said proposals requested the right to bid on the bonds not
the right to purchase the bonds.
Discussion was held and in answer to questions by Councilman Chandler,
Ntt. Murdoch advised that the recommendation to employ Schwabacher and Company
and Rafferty and Company, Consultants, acting as Agents for the City, would
not have been altered had the bid of Goodbody and Company been on the same
basi% as the recommendation was also based on the experience of the Schwabacher
and Company firm, and that all consultants submitting proposals, no others were
found to have consistently placed the type of bond under consideration for less
than four percent in the State of California~ further, the firm is experienced
in California laws and it was felt that it would be well to have a firm experi-
enced in the California situation.
Ntt. Murdoch further advised that Goodbody and Company were certainly
familiar with this type of bonding, and could best serve the City of Anaheim by
bidding on the bonds which he personally hoped they would do.
Councilman Chandler asked what the importance was to a firm in having
the right to bid on the bonds.
Mr. Cathcart advised that the advantage would be acting as Financia~
Consultant, they would have the information first and long prior to any other
bidder on the bonds and would be able to formulate their opinions regarding
the placement of the bonds. He further advised that their bid was predicated
on not at making a profit as consultants, but as result of preliminary infoMmation
they would be able to present the best bid and bid on the bonds.
Councilman Chandler was of the opinion that the best interest of
the City would be served by creating a competitive situation between all
bidders rather than creating a situation where a possible advantage would
be acquired by a consultant who was also bidding on the bonds.
At the conclusion of the discussion, on motion by Councilman Dutton,
seconded by Councilman Schutte, and on the recommendations of ±he City Manager
and Director of Finance, a letter of employment subject to the ratification o~
a non-profit corporation, was authorized to be sent to Schwabacher and Compan~
- Rafferty and Company, in joint venture to act as Financial Consultant for
this program. ~
BOND ATTORNEYS: Ntt. Murdoch advised that the next step would be the employment
of the Bond Attorneys to work with the Financial Consultant.
Ntt. Geisler recommended that the firm of Orrick, Dahlquist, Herring~on
and Sutcliffe, be employed as Bond Attorneys, and further advised that they
have had considerable experience in"this field, and although the firm was located
7712
City Hall. Anaheim, California - COUNCIL MINUTES .- April 17~ 1964~ 10:00 A~M~
~n San-FranciSCo, was of the opinion the timing would be expedited. He stated
that he had contacted Mr. Herrington and was advised that their fee would be
one-fourth of one percent or approximately $50,000.00 for handling the necessary
documents in conjunction with the creation of a non-profit corporation, and
other items of legal frame work and the rendering of an opinion as to the
propriety and legality of the transactions involved.
Mr. Murdoch advised that the firm of Chapman and Cuttler of Chicago,
a firm very familiar in this field, was also considered; however, due to the
fact that the firm of Orrick, Dahlquist, Herrington and Sutcliffe is a
California firm it was determined that they would be slightly preferable, he
thereupon concurred in the recommendations of the City Attorney.
In accordance with the recommendations of the City Manager and City
Attorney, Councilman Krein moved that a letter of employment be authorized
and sent to the firm of Orrick, Dahlquist, Herrington and Sutcliffe, as Bond
Attorneys, to work with the Financial Consultants. Councilman Chandler seconded
the motion. MOTION CARRIED.
NON-PROFIT CQRPORATION: Discussion was held considering the organization of a
non-profit corporation, it was noted that membership would not necessarily
require residence in the City of Anaheim, nor financial interest in the City,
but should be composed of men of outstanding character and integrity to be
considered on a County-wide basis.
Councilman Krein asked if the actions taken at this meeting precluded
the participation of the County in this project.
Mr. Geisler replied that in his opinion the actions taken will not
preclude th% County from joining the City in this venture, until the time
the final documents are prepared making funds available and leasing of the
propert7 from a governmental entity to a non-profit corporation takes place.
Ntt. McPhee referred to Sonoma County and the mechanics that transpired
resulting in the formation of a non-profit corporation.
At the conclusion of the discussion it was recognized that the
formatiOn of this corporation should be encouraged to take place as quickly
as possible.
OPE.~AI.~NG' C~ISSION: Discussion was held concerning the appointment of an
Operating Commission, and the methods that could be employed to establish said
Commission in the event the project does not become a joint venture between the
City an~ County. Methods considered were: The establishment of a separate
con,mission with certain administrative powers, the membership confined to
Anaheim residents, and the establishment of a separate division of another
City department. Also considered was the possibility of one commission
operating both the Stadium and Convention Facilities.
Discussion was held regarding management of both Stadium and Con-
vention Facilities under a single management or separate management for both
functions, and Mr. Murdoch was requested to make further investigation.
The City Manager, City Attorney and Finance Director were requested
to proceed with final negotiations of the Angel's Lease Contract, and refine-
ment ofjLease Agreement.
SI/E ANALYSIS: Discussion was held regarding site planning and analysis and
the various firms that were qualified to prepare site plans for maximum
utilization of the property considering the Stadium and possibly future
sports arena.
Mr. Murdoch was requested to discuss this matter with Mr. Johnson
of the Del Webb Corporation during their meeting to be held April 20th, to
determine if their firm had facilities and personnel to prepare such a
necessary plan.
7713
q~ty Hail, Anaheim, California - COUNCIL MINUTES - Ap~iI 17~ 1964~ 10:00 P.M,
ORANGE COUNTY PARTICIPATION: Discussion was held pertaining 5o the length of
time that should be given for County decision on the 3oint Powers Agreement~
recognizing the advantages of County participation and also recognizing the
fact that the City was unanimously commit!ed to proceed. It was the general
feeling the County decision must be soon due to the fact that steps have now
been taken regarding the Financial Consultant, Bond Attorney and finalizing
the Lease Term Agreement, all actions which must be finalized and ratified
in a relatively short period of time.
Councilmen Dutton and Chandler were of the opinion that with the
actions taken at this meeting and the fact that it was necessary to proceed in
order to meet time schedules, that it was now too late to consider joint.
participation of the County in the program, it being understood that this
position was without any animosity or hard feelings, that their future co-
operation and support was requested and desired.
It was suggested by Mayor Coons that this matter be further discussed
and considered at a later date.
.U~DERGROUND ELECTRICAL FACILITIES: Councilman Krein advised that United
California Ba~k, which is presently under construction, has requested the
electrical facilities serving the Bank be placed under ground, and thereupon
submitted a report of Mr. Max Moody pertaining to estimated cost and time
factor involved.
Councilman Krein further advised that the United California Bank
has agreed to advance necessary funds for this project to be reimbursed
during the 1964-65 fiscal year.
Attention was called to the meeting of the Redevelopment Agency
to be held Tuesday April 21, 1964, 10:00 A.M., and it was determined affirmative
action on this request could be considered committing the entire program to the
down-town area; also noted was that the basic policy decision has not been made
regarding underground electrical facilities.
No further action on the request of the United California Bank was
taken by the City Council.
~JOURNM~NT: Councilman Chandler moved to adjourn, Councilman Dutton seconded
the motion. MOTION CARRIED. (12:00 Noon)
SIGNED~~...'~'~ ~ -\ City Clerk
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