A DEP B737-700 FLC HAS AN NMAC WITH A GA ACFT ON THE DEP PROC 3 MI S OF SNA.

Narrative

JUST AFTER TKOF; SWITCHED TO DEP AT APPROX 1 MI OUT. TWR HAD STOPPED US AT 3000 FT (UNUSUAL). DEP CTL CALLED VFR TFC; ADVISING THAT TFC HAD US IN SIGHT AND WOULD BE NO FACTOR. TCASII TARGET AT 10 O'CLOCK POS INDICATED POTENTIAL CONFLICT. I ASKED CTLR AGAIN AND HE SAID TFC HAD US N SIGHT. THEN I GOT AN RA AND APPLIED FULL PWR AND INCREASED CLB TO AVOID THIS TFC. ATC HAD PROVIDED HIGHER ALT BY THIS TIME SO ALL WAS LEGAL. ATC SHOULD NEVER HAVE CLRED US FOR TKOF WITH KNOWN CLOSE VFR TFC (CTLED) XING DEP PATH. SUGGESTIONS: 1) WHILE SNA IS BUSY; ESPECIALLY ON A SUNDAY; ATC MUST NOT TOLERATE TFC INTO THE SNA DEP (BACK BAY SID) AREA AT ALTS WHICH COULD POTENTIALLY CONFLICT WITH DEP. 2) IT IS NOT SAFE TO TRUST AND RELY UPON A NON ACR SE PLT TO PROVIDE IFR SEPARATION TO PART 121 ACR DEPS; IE; BECAUSE THE SE PLT HAD US IN SIGHT SHOULD NOT ALLOW ATC TO CLR HIM ACROSS OUR SID AND AT OUR ALT -- ESPECIALLY CONSIDERING THAT WE NEVER ACQUIRED THE TFC VISUALLY UNTIL HE WAS DIRECTLY UNDER US; AFTER WE GOT THE RA. NOTE THAT THIS ALL OCCURRED AT APPROX 3 MI FROM SNA AND ABOUT 2400-2700 FT MSL.