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