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HomeMy WebLinkAbout01-10-1966MINUTES OF TEE ADJOURNED REGULAR MEETING OF TEE CIT~ COUNCIL OF TEE CITY OF SANTA ANA, CALIFORNIA January 10, 1966 The meeting was called to order at 2:00 p.m. in the Council Chamber, 217 N. Main Street. Boll call was answered by Councilmen James Gilmore, Walter Brooks, Davis Burk, Wade Herrin, J. Ogden Markel, Tc~ McMichael and Mayor Harry H. Harvey. CLEBK'S REPORT The Clerk of the Council reported that the Order of Adjournment frc~ the Regular Meeting of January 3, 1966, was posted as required by law ami Certificate of Posting was on file in the office of the Clerk. On motion of Councilman Gilmore, seconded by Councilman Herrin and carrie~l, the meeting was adjourned to the Office of the Mayor at 2:05 p.m. The meeting was reconvened in the Office of the Mayor at 2:06 p.m. with all Council members present. JOI~T POWERS AG~. The Council resumed discussion of a proposed agreement with the County ~ of Or~ge to create a Joint Powers Authority for the development of the City-County Civic Center, continued from their meeting of January 3, 1966. The agreement proposed by the County Counsel and revised in accordance with suggestions from the City Manager and the City Council was read in full by the Clerk of the Council. The City Mmmager reported that this document included most of what he had proposed in his draft and that it would achieve the basic things requested by the Council; that it did include the re-introduction of maintenance and operation of buildings at the suggestion of O'Melveny & MYers, who would be the attorneys in the issuance of bonds, in order to insure that the bonds would be marketable. The City Manager called to Council's attention the wording in Section 13 regarding gifts and grants not to be accepted without the consent of the City Council. Responding to a question by Councilman Gilmore about the relationship of this section to Section 15, wherein consent of a participating agemcy shall not be unreasonably withheld, the City Attorney stated that it was his interpretation that in this particular section regarding funds the City Council would have the absolute right to consent or withhold its consent. The Council discussed the provision for participating agency to furnish assistance by staff personnel and were assured by the City Manager that any request to the City would have to be acted upon by the City Council Secause the City Manager would not be authorized to spend public funds not provided for in the budget approved by the City Council. The City Manager noted that provisions for landscaping, malls, architectural control, etc. would have to be made by amendments to the original agreement. Asked about the reason for not enlarging the number of members of the governing board the City Manager replied that the Board of Supervisors was reluctant to change from the five member board even though they would be appointing only two of the members. He noted that the term of office for board members has been established at four years as requested by Council but that the County had not agreed to the limitation of terms. T~e Council agreed that it would still request the limitation of terms of office for board members to two consecutive terms. CITY COUNCIL - ~42 - January 10, 1966 Asked whether operating memoranda and amendments adopted by resolution would be subject to referendum, the City Attorney replied that it would he a question of whether or not this is a legislative act and that he did not know if there had been a test of this type of agreement. Councilman Herrin expressed alarm at the possibility of the growth of such an agency to the point that it would become unwieldy and uncontrollable as some special districts had. The City Manager replied that districts get their powers from State law and that the Authority created under a Joint Powers Agreement would have no funds and no powers other than those expressly agreed to by the participating agencies. RECESS At 3:40 p.m. a five minute recess was declared. The Council reconvened at 3:45 p.m with all Council members present. The City Manager called to the attention of the City Council that although the exhibits describing land in the Civic Center were not yet prepared, the City Council could adopt the agreement without the exhibits, but that it would not be operative until the exhibits were supplied to complete the documents~ that if the Council should adopt an agreement on January 17, the County would know it had the opportunity for financing under a Joint Powers Plan. Responding to a comment by Councilman ~arkel that he did not know how much of this he would be interested in without seeing the exhibits, the City l~anager stated this document made no provision for underpasses, overpasses, malls, Flower Street, etc. - that it did nothing but create an agency and give the participating public agencies the opportunity to use it as a vehicle for financing. On motion of Councilman Brooks, seconded by Councilman Burk and carried, the City Council instructed the City Attorney to prepare a resolution to be voted on at the next Council meeting so that the Council could adopt or not adopt a Joint Powers Agreement, and that it should contain the limitation on repetitive terms of office by governing boar~ members. ADJ~ On motion of CouncJlm~n Herrin~ seconded by Councilm-u Mc~ichael and carried, the meeting was adjourned at h:O0 p.m. DORIS M. BROWN CLERK OF THE COUNCIL CITY COUNCIL - ~3 - January 10, 1966