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HomeMy WebLinkAbout11-11-1977MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA November 11, 1977 The meeting convened at 5:03 P.M. in the City Council Chambers, 22 Civic Center Plaza, and was called to order by Mayor Vernon S. Evans. The following Council members responded to roll call: David F. Ortiz, Harry K. Yamamoto, John Garthe, David L. Brandt, Gordon Bricken, James E. Ward and Mayor Evans. Also present were Staff members City Manager Bruce C. Spragg, City Attorney Keith L. Cow, Police Chief Raymond C. Davis, and Clerk of the Council Florence I. Malone. INVOCATION PLEDGE OF ALLEGIANCE Following the Pledge of Allegiance to the Flag, the Invocation was given by Councilman Brandt. LULAC LITIGATION Mayor Evans announced A.A. NO. 40 - APPROVED that a public'hearing was PARTIAL CONSENT DECREE - APPROVED being held to inform the citizens of Santa Ana of Council's intention to act on a proposed partial consent decree to settle some of the issues in the case of the League of United Latin American Citizens (LULAC) v. City of Santa Ana. A report dated November 8, 1977 prepared by Director of Person- nel Donald E. Bott, and memorandums dated November 8, 1977 and October 14 and 20, 1977 from the City Attorney, were provided to Council, and Deputy City Attorney Robert Sangster gave a brief summary of the issues addressed in the proposed partial consent decree. He stated that negotiations had commenced last April between the attorneys to determine what issues raised by the judgment of the Court in this case should be appealed, and what issues should not be appealed and settled at this time; that if Council approves the decree it must still be approved by the Court at a noticed hearing where class members would have a right to come and express their views; that the decree is not an admission of liability; that the City Attorney feels that there is a good chance of prevailing on appeal on the fire apti- tude test, and on that issue we have been assured of amicus curai briefs from other agencies, including the Attorney General for the State Personnel Board, and the League of California Cities that the partial consent decree would limit the attorneys fees to a total of $275,000; and that the partial consent decree also limits the extent of the City's back-pay liability to $100,000 on issues being settled, and to $25,000 if the City does not prevail on the fire aptitude test being appealed. Thomas Hunt, Attorney for the Plaintiffs, stated that he wished to emphasize that to agree to the proposed partial consent decree is not an admission to engaging in any purposeful or intentional discriminatory practices; and he stated that he and the follow- ing members of the plaintiff organization were present to answer any Council questions: Steve Baca, President of the Santa Ana Chapter, LULAC Gloria Perez, Past National Vice President for Western U.S. LULAC Rachel Nelson, Vice President of Santa Ana Chapter, LULAC Anita Aurelio, Representing District #1 of Orange County LULAC Laurie Lopez, Member of LULAC John Lopez, Secretary of Irvine Professional Council, LULAC CITY COUNCIL MINUTES 411 NOVEMBER 11, 1977 There being no further speakers, Mayor Evans closed the public hearing. On the motion of Councilman Ward, seconded by Councilman Bricken, carried 7:0 unanimously, Council approved settling the Partial Consent Decree in the LULAC case, settling some of the issues and providing for continued litigation and appeal of others (including the Fire Aptitude Test). Appropriation Adjustment No. 40 to transfer $310,000 from Council Contingency Fund to the LULAC Account to cover potential expenses of the partial settlement and continued litigation and appeals, was approved on the unan- imously carried 7:0 motion of Councilman Garthe, seconded by Councilman Ward. CA 139 CA 65.3 BOWERS MEMORIAL MUSEUM BOARD On the unanimously approved ANN ANDRES - APPOINTED 7:0 motion of Councilman Yamamoto, seconded by Coun- cilman Bricken, Ann Andres was appointed to the Bowers Memorial Museum Board replacing John Leahy, for a term ending June 30, 1979. CA 85.2 BOARD OF RECREATION & PARKS On Councilman Ortiz' motion, EZEQUIEL GARZA & CLAUDIA J. FARLEY seconded by Councilman Brandt, APPOINTED and carried 7:0 unanimously, Ezequiel Garza was appointed to the Board of Recreation and Parks, replacing Lynda Ferris, for a term ending June 30, 1979. Claudia J. Farley was appointed to the Board of Recreation and Parks, replacing Linda B. Dempsay, for a term ending June 30, 1980, on the unanimously carried 7:0 motion of Councilman Bricken, seconded by Councilman Ortiz. CA 52.2 ADJOURNMENT At 5:35 P.M. Mayor Evans adjourned the meeting on the unanimously approved 7:0 motion of Councilman Brandt, seconded by Councilman Bricken. FLOUNCE I. MALONE F21~,IlENCE I. MALONE CLERK OF THE COUNCIL CITY COUNCIL MINUTES 412 NOVEMBER 11, 1977