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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 i I I I I Ill !