Loading...
HomeMy WebLinkAboutMinutes City Council - 10/16/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 16, 1984 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty Turner Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero Joe McComb Frank Mendez Mary Pat Slavik ABSENT: Council Member Charles W. Kennedy, Jr. City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Joe McComb in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones stated that Mr. Brodie Allen, of the Business Development Commission, was present to make a short presentation. Mr. Brodie Allen addressed the Council and referred to a trip made by the Mayor and Members of the Business Development Commission to the Far East some time ago in an effort to generate interest in locating businesses here. He stated that there were key individuals who assisted them on their trip and indicated that they were Mr. Victor Garcia and Mr. George Findley. He then asked Mayor Jones to make a presentation to Mr. Garcia expressing appreciation for his efforts. MICROFILMED' h ._ Council Meeting October 16, 1984 Page 2 Following the presentation, Mr. Allen introduced two gentlemen from Taipei who are in the City representing a major company in Taiwan. Mayor Jones welcomed Mr. George Chen and Mr. Andy Chang to the City as representatives of the company from Taipei. Mayor Jones then presented 30 -year pins to the following City employees: Employee: Miguel Escalante * Antonio Flores Albert Kruse Alton J. Wells Guillermo Ramirez Department: Sanitation Street Park & Rec. Gas Wastewater Position: Date of Hire: Truck Driver Sr. Street Foreman II Tennis Professional Air Condition Maint. Mechanic Wastewater System Foreman 9-25-54 6-28-54 9-01-54 8-20-54 9-20-54 * This employee was eligible to receive the pins but was unable to attend the meeting. A motion was made by Mayor Pro Tem Turner that the Minutes of the Council Meeting of October 9, 1984 be approved as presented; seconded by Member McComb and passed unanimously. Regular Council A motion was made by Council Member McComb that the Minutes of the Special Council Meeting of October 9, 1984 be approved as presented; seconded by Council Member Brown; and passed unanimously. Mayor Jones departed the meeting at 2:25 p.m. and asked Mayor Pro Tem Turner to preside briefly. Mayor Pro Tem Turner then administered the oath to Mr. Joe L. Garcia, a new appointee to the Planning Commission. Mayor Jones returned to the Council Meeting at 2:30 appointments to Board and Committees. p.m. and called for A motion was made by Mayor Pro Tem Turner that the following appointments be confirmed, seconded by Council Member Brown and passed unanimously. Marina Board: Mr. Joe R. Almendarez Mr. Quenten Cook h _ _ Council Meeting October 16, 1984 Page 3 Mayor Jones announced the bid opening on the following projects: 1. City Hall Annex Roof Repairs: This project provides for repairs to the roof of the City Hall Annex Building at 110 North Shoreline. Assistant City Manager Lontos explained that there are two alternates for different types of roof and each company could bid on either Alternate A or Alternate B or on both. He then opened bids on this project from the following companies: Haber and Rosales Roofing Company; L & L Construction Company; R. L. Pierce and L & M Metal Fabricators, all of whom bid on Alternate A. He also opened a bid from South Texas Urethane, Inc. who bid on Alternate B. Mr. Lontos verified that all of the bidders had submitted the required bid security bond or bid security check with their bids and that all of them had acknowledged receipt of the addendum with the exception of R. L. Pierce. Council Member Slavik noted the large discrepancy between the high and low bids and asked about the reason for this. Mr. Lontos stated that he could not explain that but he felt that the specifications were very clear and he did not know the reason for the discrepancy between the low and high bids. Further discussion followed on the procedures of awarding the contract for the roof repairs, taking into consideration a traditional type of roof and the polyurethane type of roof listed in Alternate B. Council Member Guerrero inquired if the contractors are aware of the engineers' estimate prior to submission of their bid, indicating that he felt that it would be better if they were not informed of this. Mr. Lontos stated that the estimate is not published but if they call and ask for it, they are provided with that information since it is public information. City Manager Martin agreed that it would be impossible to keep this private since the Staff has to make estimates before the project is even started. He expressed the opinion that the contractors basically ignore the estimate anyway. Council Member Berlanga inquired if the City had ever installed a polyurethane roof before, and Mr. Lontos stated that he thought that they had and asked a member of his Staff to check on this. He later informed the Council that this type of roof was used at the Flour Bluff Fire Station. 2. Broadway Wastewater Treatment Plant: These improvements include the replacement of the sludge suction line in two clarifiers, the replacement of approximately 1,000 feet of perimeter security fence, and the installation of an effluent meter to meet Department of Water Resources requirements. Council Meeting October 16, 1984 Page 4 Assistant City Manager Lontos then opened bids on this project from the following firms: Black Brothers Construction Company; J. M. Davidson, Inc. and J. D. Construction and Refinery Maintenance, Inc. He verified that the required bid security bond had been submitted with each bid. Mayor Jones expressed appreciation to the bidders who had presented bids and stated that they would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. 3. Bid Opening and Award of Oil and Gas Lease: A three year primary term oil and gas lease for the City's mineral interest in a 146.502 acre tract in the northwest corner of the International Airport. The lease provides that the City receive a 20% royalty and $1,465.02 annual delay rentals. The minimum acceptable bid is $8,790.12. LEASE IS TO BE AWARDED BY COUNCIL MOTION TO HIGHEST BIDDER IMMEDIATELY AFTER ALL BIDS HAVE BEEN OPENED. Assistant City Manager Bill Hennings informed the Council that the City Charter requires them to award the bid as soon as the bid is opened. He explained the requirements associated with this bid and pointed out that the minimum acceptable bid is $8,790.12. Mr. Hennings then opened bids from the following firms: Kelly Bell bidding $30,467 and Murphey H. Baxter, $18,459.25. Mr. Hennings then recommended that the lease be awarded to Kelly Bell. A motion was made by Mayor Pro Tem Turner that a three-year primary term oil and gas lease for the City's mineral interest in a 146.502 acre tract in the northwest corner of the International Airport be awarded to Kelly Bell for the bid amount of $30,467 with a 20% royalty. The motion was seconded by Council Member Guerrero and passed unanimously. Mayor Jones called for action of the Council from the Workshop Session. Mayor Jones referred to the supplemental agenda which had been posted as an emergency item calling for the reconsideration of Application No. 984-2 by Omni Interests, Inc. for a change of zoning on Lots 1 and 2, Block 4, of the Partition of Portions of J. C. Russell Farm Blocks. A motion was made by Council Member McComb to reconsider the action taken by the City Council on October 9, 1984. The motion was seconded by Mayor Pro Tem Turner and passed unanimously. k. Council Meeting October 16, 1984 Page 5 Council Member McComb explained that the reason for the recommendation for the special permit was because of the opposition of Mr. Ramon Hinojosa speaking on behalf of the West Oso Independent School District. He stated that the City Council is dealing with State agencies to assist Omni to acquire this property for the State Highway Department Building. He explained that he became a little concerned that the State Agency might express concern about this denial of the requested zoning and might interfere with the extension of the Crosstown Expressway and he thought that Mr. Hinojosa's concern about combustible material being stored near the school had been answered. He explained that the material will be stored 500 yards from the school and the property will be fenced. Mayor Jones noted the presence of Mr. Hinojosa and called on him to make remarks. Mr. Hinojosa stated that the school officials had met with the Omni Interest representatives during the week and discussed their concerns and their conclusion is that the Omni Interest has met everything that they have requested to provide safety features in connection with the storage of materials. He stated that he would like to officially withdraw the School District's objection to the "I-2" zoning and urged approval of the request. Council Member Mendez referred to the map of the property and mentioned that ingress to the property had been discussed during the public hearing. He stated that he has a copy of the map and the bulk of the traffic will go to Padre Island Drive. He commended Mr. Hinojosa for working with the Omni representatives to resolve this matter. Council Member Guerrero pointed out that there is no site plan involved in Zoning District amendments and pointed out that if this is approved for "I-2" zoning, any type of "I-2" business could be installed on the property. Mayor Jones agreed that that was true but evidently, Mr. Hinojosa agrees that Omni representatives are fair and will do exactly what they say. No one spoke in opposition to this zoning request. City Secretary Read polled the Council for their vote on the ordinance effecting the requested zoning and it passed as follows: ORDINANCE NO. 18509: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF OMNI INTERESTS, INC. BY CHANGING THE ZONING MAF IN PEFERENCE TO A PORTION OF LAND OUT OF LOTS 1 AND 2, BLOCK 4, OF THE PARTITION OF PORTIONS OF J. C. RUSSELL FARM BLOCKS, FROM "B-4" GENERAL BUSINESS DISTRICT AND "A-2" APARTMENT HOUSE DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY. M R, _ouncil Meeting October 16, 1984 Page 6 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". * * * * * * * * * Council Member Mendez had expressed concern that the Council failed to designate which term would be longer in the two appointments made to the Marina Board. Council Member Mendez suggested drawing lots to determine which would have the longer term. The drawing was conducted a little later and it was determined that Mr. Almendarez will have the term that extends to 1985 and Mr. Cook's term will extend until 1986. Mayor Jones called for consideration of the motions from the Consent Agenda on the following items: 1. Bids be received October 31, 1984, for two -station automatic envelope inserting machine for Public Utilities. Estimated expenditure $7,525. This equipment is included in the 1984-85 Capital Outlay Budget. 2. Bids be received November 14, 1984 for two modular ambulances for Aid Ambulance. These units are included in the 1984-85 Capital Outlay Budget. 3. Approving a twelve months supply agreement, with option to extend for an additional twelve months at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for mechanical joint fittings, flanged fittings; swivel hydrant fittings, retainer glands and miscellaneous bolts and gaskets for an estimated annual amount of $111,494.62 to McAllen Pipe and Supply Co., based on low bid. Seven bid invitations were issued; three bids were received. Bids have increased approximately 1.8% since last contract of June, 1983. 4. Approve purchase of one hundred twenty (120) high intensity beam, rechargeable flashlights with chargers, for the Police Uniform Division, from SA -S0 Sargent Sowell, Inc., for the total of $9,453.60, based on low bid. Eight bid invitations were issued and three bids were received. Prices have increased approximately 3.6% from last purchase of April, 1984. 5. Approving a twelve months supply agreement, with option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for approximately 47,193 feet of sewer pipe and 6,676 related fittings to be used by the Wastewater Division based on low bid to McAllen Pipe & Supply for $109,507.75. Ten bid invitations were issued and five bids were received. Prices have increased an average of 9% from last contract of July, 1983. Council Meeting Octoaer 16, 1984 Page 7 6. Approving the recommendation of the Bay Drilling Committee that a permit be granted Genesis Petroleum Corporation to drill a directional well from an exceptional well location in Corpus Christi Bay. The State Tract 6 Well No. 1 will be located 491 feet easterly of the intersecting rights-of-way of the La Quinta Channel and the Corpus Christi Ship Channel. The regular location for State Tract 6 cannot be used because it is within the La Quinta Channel right-of-way. No other exceptions to the Oil and Gas Chapter of the City Code are requested. 7. Authorizing the City Manager to execute a contract with Black Brothers Construction, Inc. in the amount of $8,657 for the Building Erection Phase of the Maintenance Services Building project and with Hunt Construction Co. in the amount of $11,392 for the General Construction Phase of this project. This 100' by 40' pre-engineered steel building will be moved from the new City Hall site to the City Service Center. City Manager Martin referred to item 7 in regard to the contract for the Building Erection Phase of the Maintenance Services Building and for the General Construction Phase of the project. He explained that Hunt Construction Company had submitted the low bid; Mr. Hunt had informed the Staff that he had made a large error and he could not honor his bid; but the decision had been made to award the bid to Hunt Construction and if the company did not accept the award, to call for forfeiture of the bid bond. Mayor Pro Tem Turner inquired as to the time that bidders could withdraw their bids from consideration. Assistant City Manager Lontos replied that bidders may withdraw their bids at any time prior to 2:00 p.m. City Secretary Read informed the Council that his office has instructions to the effect that once the bid has been submitted to the City Secretary's Office, they cannot be altered or withdrawn. City Manager Martin and Assistant City Manager Lontos stated that in their opinion, there was no reason why the bids could not be withdrawn prior to 2:00 p.m. Mayor Pro Tem Turner expressed concern that there was nothing written to that effect to make the bidders aware of this, and Mr. Lontos stated that he was not sure that it was written. City Secretary Read then read to the Council the following statement as listed in the City's standard specifications on B-2-9 -- Withdrawing Proposals: "Proposals filed with the City Secretary cannot be withdrawn or modified prior to the time set for opening proposals. Request for nonconsideration of proposals must be made in writing, addressed to the City Council and filed with the City Secretary prior to the time set for opening proposals. After other proposals are opened and publicly read, the proposal for which withdrawal is properly requested may be returned unopened". Council Meeting October 16, 1984 Page 8 Mayor Pro Tem Turner stated that that was a definite procedure that was very clear in the specifications. Council Member Mendez pointed out that there have been cases where the bidder was allowed to withdraw his bid after it was opened if they found they had made an error. He inquired if the companies that had done this, had forfeited their bond. City Manager Martin explained that in the past, they had not but that the City Staff is just suggesting that the City begin enforcing everything in the standard specifications in that they will call for the bond and not allow companies to continue to do this just because errors have been made. 8. Change Order No. 1 to the contract with Bracco Construction Co., Inc. for the Downtown Pump Station "A" contract be approved in the amount of $5,705 providing for the disassembly, inspection and parts measurement of the diesel engine removed from the pump station. 9. Consideration of the request of Mr. Tito Sandoval for refund of a $500 owner's deposit for completion of repairs to a building moved to 2826 Minton. 10. Plans and specifications be approved and bids be received on November 13, 1984, for Drainage Improvements and Surface Corrections on Runway 17-35 at Corpus Christi International Airport. This work provides for removing and replacing approximately 180 linear feet of the north/south runway to correct a settlement problem and provides for drainage work to enclose an open drainage channel off the north end of the runway for safety purposes. This project is proposed to be funded 90% by FAA and 10% by the City. 11. A contract in the amount of $113,610 be awarded to Sunbelt Constructing and Demolishing Corporation for the demolition of all buildings in the four block proposed City Hall site, except the Rotary House. 12. The Main Drive Street and Drainage Improvement project be accepted and final payment of $118,727.46 be authorized to Claude Chapman Construction Co., Inc. It is further recommended that Change Order No. 3 in the amount of $6,200 be approved which included the construction of a retaining wall and handrail in front of a business at Main and Erne Drive to provide a safe sidewalk section. The total cost of this 1977 Voluntary Paving project, which was supplemented with Community Development Block Grant funds, is $944,848.10. Council Member Slavik referred to Item 9 and stated that after reading the material provided by the City Staff, it was determined that Mr. Sandoval had exceeded his time limit for completion of the house moving project by 187 days and he did not obtain an extension of his permit. Council Meeting October 16, 1984 Page 9 Mayor Jones explained that this item is on the agenda today because of a motion made the preceding week to consider refunding Mr. Sandoval's $500 deposit. City Manager Martin stated that he recommends against the refund because Mr. Sandoval is an experienced house mover who has been in business for fifteen years; he was aware of the requirement to request an extension; and the work is still not completed on the project. Council Member Guerrero stated that the key issue is that this is not a man who is inexperienced and in consideration of that, he would have to reconsider his motion to refund the money. Council Member Berlanga pointed out that this man is not a normal contractor because he is physically handicapped and ill and he has become more seriously ill within the past few months. Council Member McComb agreed that the preceding week he had been under the impression that the refund should be made, but this is a prime example of the fact that there are always two sides to every story and he will abide by the decision made by the Building Officials. Council Member McComb referred to Item 10 and inquired if this had anything to do with the discussion that was scheduled for the morning Workshop Meeting but was not held, and City Manager Martin replied that it did not. Council Member Slavik referred to Item 11 and inquired if there was a specific time for completion of this demolition work, and Assistant City Manager Tom Utter replied that there is not. City Manager Martin stated that he agreed that there should be a deadline for completion and suggested that the date should be in January. Council Member Guerrero referred to Item 12 and noted that this calls for the final payment on this project. He placed a drawing on the blackboard showing the project area, noting that Main Drive extends from Leopard to Sedwick but the drainage improvements do not extend beyond Sedwick. He explained that during the recent rains, it was discovered that the drainage was very bad and the people residing on the eastern end of the street had water in their homes. Mr. Lontos agreed that there is a drainage problem because of the way the drainage is laid out; the ditches need to be cleaned out because ponding is created in the area; he explained that the storm sewer cannot be extended any further because of the hydraulics of the natural drainage. He stated that eventually the drainage will have to be extended down Highway 44 and the natural drainage in the area is divided on Main Drive between Leopard and Sedwick. . Council Meeting October 16, 1984 Page 10 Council Member Mendez inquired as to how much of that water is going to be drained into Leopard and inquired about the Master Drainage Plan in regard to the type of sewer line that will be placed on Leopard Street. He pointed out if additional development occurs in Tuloso-Midway, there will be a strain on the drainage on Leopard Street. He stated that if the City has a Master Plan for drainage on Leopard, it should be utilized. He suggested that at the time excavation is occurring on Leopard Street, some kind of storm sewer pipe should be installed, and Mayor Jones inquired about the funding mechanism for such improvements. Council Member Guerrero spoke again and stated that regardless of the reason, the storm sewer was not developed on this project down to Sedwick Street and before the project was completed, the drainage was served by ditches and the residents had not had this problem, but since completion of the street improvement project, there is an intense problem, or in other words, the residents have a worse situation than they did before. City Manager Martin summarized by stating that the question is whether the City aggravated the drainage problem by completion of this project and explained that the Staff knew at the time of the beginning of the project that the storm sewer pipe could not be extended all the way to Sedwick. Council Member Guerrero suggested that all of the ditches be cleaned out as a temporary solution and then consideration be given to installing a pump to pump the water to the open ditches. Mayor Jones called for comments from the audience on items 1 through 12. Mrs. Regina Johnson asked about the decision on Item No. 9 because she felt that it should be approved as a humanitarian gesture. Mr. Calvin Floyd addressed the Council on the same issue and stated that he knows Mr. Sandoval very well; he is in a wheel chair now; and he is an honest man and possibly just overlooked requesting an extension of the time to complete the repairs to the building he had moved. Mr. Joe Hunt, representing Hunt construction Company, referred to Item 7 and explained that he had a large error on his bid and as soon as the bids were read, he approached the Staff and informed them and they suggested that he write a letter explaining the error. He stated that he was not informed until Monday that a recommendation would be made to award the bid for the contract for the amount he had bid. He assured the Council that he made an honest mistake and he was given the impression that he could correct that mistake before the bid award was recommended. Council Member Guerrero inquired of Mr. Hunt if he had overbid the project and was still awarded the contract and later found out that he had made an error, if he would inform the City. r Council Meeting October 16, 1984 Page 11 Mr. Hunt replied that he would because he is an honest man. He stated that he had submitted bids several times for City contracts. He explained how quite often the subs are late getting their bids in and the contractor has very little time to insert such figures in their bids. Mayor Pro Tem Turner explained to Mr. Hunt that apparently he is one of the first bidders that will have to have his bond called since he was the low bidder. Mr. Hunt reiterated that his company was informed that they could withdraw their bid if a letter was written to that effect. He again assured the Council that it was just an honest mistake. Council Member Mendez inquired of Mr. Hunt if he was aware that he could withdraw his proposal by writing a letter to the City Council through the City Secretary's Office requesting that the bid be returned unopened. He inquired if Mr. Hunt had experienced this same situation with the City before, and Mr. Hunt replied that he was aware of other bidders who have done that. Mayor Jones inquired about the amount of the bid bond, and City Manager Martin replied that it is 5% of the $11,000 bid and the bonding company would pay that. Mr. Hunt stated that the bonding company would not pay anything and he would have to pay it himself. Council Member Slavik returned to a discussion of Item 9 and asked if Mr. Sandoval had requested an extension. City Manager Martin stated that he had not but even if he had requested an extension, he would still be 77 days over the extended time for the project completion. He agreed that Mr. Sandoval had a physical problem but suggested that someone else could have requested the time extension for him. There were no further comments from the audience. After further discussion of the type of motion to be made, a motion was made by Council Member Berlanga in regard to Item 9 that the entire $500 deposited be refunded to Mr. Sandoval upon completion of the project; seconded by Council Member Slavik; and passed by the following vote: Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Jones, Turner and McComb, not voting; Kennedy, "absent". A motion was made by Council Member Guerrero that Items 1 through 12, with the exception of Item 9 which had already been acted upon, be approved; seconded by Council Member Brown; and passed unanimously by those present and voting. 1 _ Council Meeting October 16, 1984 Page 12 Mayor Jones briefly departed the Council Chamber and Mayor Pro Tem Turner presided in his absence and called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on Items 13 through 24. City Manager Martin withdrew Ordinance No. 21. Council Member Slavik referred to Item No. 14 which pertains to a resolution authorizing the creation of the Coastal Bend Health Facilities Development Corporation and inquired about the reason for two City Staff Members being designated to serve as voting members on this Corporation Board. City Manager Martin explained that when an independent financial body is set up, it is important that you have the correct quorum. He pointed out that the Staff would have to do a lot of work on this anyway and they will be involved as active members. He explained that he felt that it is important for City Staff Members to be on the Board because the State gives the City Council the right to disapprove a project and it would be helpful for the City Council to have the Staff input in regard to the various projects considered. Council Member Slavik inquired if the State Law authorizing such an entity dictates the policy of the structuring of the Board, and City Manager Martin stated that the State Law is very flexible and there is no set number of members of the Board or the makeup of the Board. Council Member Mendez agreed that the Coastal Bend Hospital Authority felt that two members should be added to the Board and he agreed that someone who is representing the City should be able to provide input on this and the two Staff Members were appointed to provide this input. City Manager Martin informed Mrs. Slavik that if she had a problem with this, he agreed that he would rather have a Council Member representing the City but this project would require a great deal more of the Council Members' time. Council Member Mendez referred to Item 19 which closes and abandons a portion of a 20 -foot long by 7.5 foot wide utility easement at the rear of Lot 13, Block 41, Country Club Estates Unit 9A subject to certain conditions. He stated that he recalled that this has happened to other people and inquired if there was a policy when utilities are located in the easement and questioned if this is the usual procedure. Assistant City Manager Lontos explained that the Staff has tried to work out every case on its own merits and they have worked out a method of relocating a gas line at the owner's expense and the City has requested a hold harmless agreement to be signed by the property owner. City Manager Martin agreed that each case is considered on an individual basis and the reason for the hold harmless agreement is that if a City Staff Member should go in to work on the sewer line and some damage occurs, there would be the held harmless agreement to protect the City. AWOL Ane k Council Meeting October 16, 1984 Page 13 Council Member Slavik suggested that some type of penalty be assessed when encroachment occurs. City Manager Martin stated that he did not think that this was an intentional violation and the City Staff's concern is that the City should be protected. He agreed that this does happen often but it is usually due to an error. Assistant City Manager Lontos explained that the owners are transferring the property and when this is done, there has to be a certification that there is no encroachment and that is when the encroachment was discovered. He stated that they have found this has happened many times in the Flour Bluff area and that is the reason that the City requires that the property be replatted to show that a portion of the easement has been closed. Council Member Slavik referred to Item 17 authorizing the adoption of the Texas Municipal Retirement System Military Service Credit and Optional Benefit Package for all eligible employees effective January 1st and inquired about the cost of this to the City. Mr. Tomas Duran, Personnel Officer, explained that the cost will depend upon how many employees select this. He stated that the employee will pay $15 and the City will make a one time contribution of $30. City Manager Martin stated that the ten-year feature will be a major item of expense but it is a very good benefit and very important because it is a modernization of the City's pension plan. He continued by stating that this was agreed to in the contract with the Police and Fire Fighters. Council Member Guerrero referred to Ordinance No. 22 which is the second reading of the increase of "Splash Party Fees" and asked that the Council reconsider their approval of the Greenwood Pool rate increase since this pool is in a poverty area and it does not seem fair to charge more at this pool than any other pool. Mayor Jones pointed out that this figure is based on the number of lifeguards that are required for that size pool. He also pointed out that splash parties are held by people from all over the City and more than likely they could afford this reasonable fee if they plan to have such a party. Mr. Utter agreed that there are relatively few splash parties held; the parties are always held after the closing of the pools for the day; and people from various areas of the City are the ones who have the parties. Mayor Jones stated that he would have no problem in considering a lower fee if it was primarily for the people who lived in that area and was on an individual basis. .2ouncil Meeting October 16, 1984 Page 14 Council Member Slavik stated that she, too, is concerned about the people on the westside but pointed out that this is an olympic size pool and agreed that generally the people who have splash parties at the Greenwood Pool really has no effect on the children in that particular neighborhood since the splash parties are held after the regular swimming pool hours. Council Member McComb reminded the Council that this ordinance was necessary because of an error made by the Park Department when the ordinance was prepared in 1984. He pointed out that the people have been paying these same rates since 1982. He also noted that this is just to cover the cost of the lifeguards and stated that this matter should not be a political issue. Mayer Jones called for comments from the audience on the Consent Ordinances. Mr. J. E. O'Brien, 4130 Pompano, stated that the Taxpayers' Association does not have a position on the formation of the Corporation listed in Ordinance No. 14 which is the Health Facilities Corporation but they do have some questions. He inquired about the effect that the formation of this entity would have on the plans of Memorial Medical Center South, and Mayor Jones stated that it would have no effect on them. Mr. O'Brien continued by stating that this might enable Spohn to obtain funds before Memorial Medical Center South has completed their plans. He also questioned the appointment of two Staff Members as voting members of this Corporation because he felt that it might be a possible conflict of interest, noting in particular that if they voted in favor of issuing the bonds and then had to approach the City Council to recommend approval of those bonds, that might be a conflict of interest. Mayor Jones pointed out that the City Council votes on about seventy items every week on recommendations of the City Staff and he did not think that City Manager Martin and Assistant City Manager Utter would have anything to gain from serving on this Board. Mr. O'Brien stated that he saw no reason to pass this ordinance on an emergency basis because he felt it should be on three readings. Council Member McComb stated that he thought that Sister Kathleen had irformed them that morning that Spohn Hospital could save 2% interest and the delay would actually create a loss of money for the hospital. Mr. Utter stated that that was correct. r R — Council Meeting October 16, 1984 Page 15 There were no further comments on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 13. ORDINANCE NO. 18510: AMENDING ORDINANCE NO. 18107 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS - Main Drive, from Sedwick Road to Leopard Street; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 14. RESOLUTION NO. 18511: AUTHORIZING THE CREATION OF COASTAL BEND HEALTH FACILITIES DEVELOPMENT CORPORATION; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 15. ORDINANCE NO. 18512: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Furman School Area, Unit II 1. llth Street, from Morgan Avenue to Morris Avenue, 2. 12th Street, from Craig Street to Morris Avenue, and 3. Craig, Buford, Hancock and Coleman Streets, from 10th Street to Brownlee Boulevard; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 16. ORDINANCE NO. 18513: AUTHORIZING THE EXECUTION OF A CONTRACT WITH BACKHOE LEASE SERVICE FOR THE FURMAN SCHOOL AFEA STREET IMPROVEMENTS, PHASE II PROJECT; APPROPRIATING $915,000; AND DECLARING AN EMERGENCY. F. _ Jouncil Meeting October 16, 1984 Page 16 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 17. ORDINANCE NO. 18514: AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 62.105 AND 64.202 OF TITLE 110B, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED; PROVIDING THAT SUCH RIGHTS SHALL BE SUPPLEMENTARY TO THOSE HERETOFORE ALLOWED AND THAT ARE IN FORCE ON THE EFFECTIVE DATE OF THIS ORDINANCE; ALLOWING CERTAIN EMPLOYEES OF THE CITY, WHO PERFORMED OR HEREAFTER PERFORM ACTIVE SERVICE IN THE ARMED FORCES (OR THEIR RESERVES OR AUXILIARIES) OF THE UNITED STATES UNDER HONORABLE CONDITIONS DURING PERIODS OF CONFLICT WITH FOREIGN FORCES, TO APPLY AND MAKE DEPOSITS FOR AND TO RECEIVE SPECIAL CREDIT WITH THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR LIMITED PORTIONS OF SUCH MILITARY SERVICE, AND PROVIDING FOR PAYMENT BY THE CITY OF ADDITIONAL DEPOSITS TO THE SYSTEM ON ACCOUNT OF SUCH SERVICE CREDIT; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 18. ORDINANCE NO. 18515: AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH B. F. GOODRICH COMPANY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 19. ORDINANCE NO. 18516: CLOSING AND ABANDONING A 2.1 FOOT BY 20 FOOT PORTION OF A 7. EASEMENT IN LOT 13, BLOCK 41, COUNTRY CLUB ESTATES UNIT 9A, PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance following vote: Jones, Turner, Berlanga, Brown, Guerrero, and Slavik voting, "Aye"; Kennedy, "absent". 20. ORDINANCE NO. 18517: 5 FOOT UTILITY SUBJECT TO THE passed by the McComb, Mendez ANNEXING A 488.11 ACRE TRACT OF LAND BEING PORTIONS OF LOTS 20-23, 26-32, ALL OF LOTS 24 AND 25, SECTION 10, PORTIONS OF LOTS 1, 4-7, 16-20, ALL OF LOTS 2, 3, 8 THROUGH 15, FRACTIONAL SECTION 9, A PORTION OF LOT 1, FRACTIONAL SECTION 8, AND LOTS 25 THRU 32, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS OWNED BY CORPUS CHRISTI LAND -VENTURE ASSOCIATES AND BEING PLATTED AS KING'S CROSSING UNIT I; AND DECLARING AN EMERGENCY. r R _. Jouncil Meeting October 16, 1984 Page 17 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 21. (This ordinance was withdrawn -- see page 12) 22. SECOND READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, SECTION 36-7, SWIMMING POOL RATE SCHEDULE, TO INCREASE SPLASH PARTY FEES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Brown, McComb, Mendez and Slavik voting, "Aye"; Berlanga and Guerrero, "Nay"; Kennedy, "absent". 23. SECOND READING: CLOSING AND ABANDONING ALL 20 FOOT WIDE DEDICATED ALLEYWAYS IN BLOCK 20, CALALLEN TOWNSITE; PROVIDING FOR THE REPLAT OF SAID PROPERTY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". 24. THIRD READING - ORDINANCE NO. 18518: AUTHORIZING AN AMENDMENT TO CENTRAL POWER AND LIGHT COMPANY'S EXISTING TARIFF SCHEDULE TO PROVIDE A NEW RATE FOR HIGH PRESSURE SODIUM VAPOR STREET LIGHTING OF 5800 LUMEN. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". Mayor Jones called for Action by Motion from the Regular Agenda on the following item: 25. Approving the recommendation of the Park and Recreation Board that a formal policy for naming parks and park facilities be adopted. This policy would cover donations of land and facilities, subdivision dedications, and requests for changing of names of parks and park facilities. City Manager Martin reminded the Council that this was delayed for one week at the request of Council Member Berlanga. i s Council Meeting October 16, 1984 Page 18 Assistant City Manager Utter informed the Council that the City has been operating under a policy of naming parks which was established by the Park and Recreation Board in 1970. Mr. Utter continued by stating that there are basically three areas covered under the policy which are donations, subdivision dedications, and changing the name of a park or park facility. He noted that occasionally, park land is donated by individuals or groups and the proposed policy would state that upon the donation of at least 51% of the value of a park or park facility and recommendation of the Park and Recreation Board, the City Council may name the park or park facility as the donating party designates. He explained that a majority of park land that the City receives is a result of subdivision dedication and the proposed policy formalizes the process presently used in that as park land is received through dedication under the Platting Ordinance, the Staff of Park and Recreation Department makes a recommendation which is then acted upon by the Park and Recreation Board. Mr. Utter continued by stating that the request for renaming an existing park or park facility has been controversial occasionally in the past. He stated that the proposed policy in this type of situation would be as follows: Any person, group or organization would first complete a request for name change. After staff review, the name change request would be presented to the Park and Recreation Board and no action would be taken by the Park and Recreation Board for a minimum of 60 days after presentation, during which time legal notice would be published twice of the proposed name change. He also stated that during that 60 -day waiting period, written comments would be accepted by the Park and Recreation Board and interested individuals would be invited to come before the Board to addresss the issue. He explained that at the first meeting, after the 60 -day waiting period, the Park and Recreation Board would be required to take one of three actions: (1) approval of the request and referral to the City Council with the recommendation for approval; (2) rejection of the request by the Board with the stipulation that the requesting entity could appeal the rejection to the City Council; and (3) table the request for future action or information. He continued by stating that if the Council approved the requested name, the Park and Recreation Department would arrange suitable ceremonies and appropriate markers would be installed. Mr. Utter continued by stating that they would also like to recommend that some criteria be utilized in considering naming parks as follows: (1) in choosing names after individuals, either persons living or dead, may be considered; however, special consideration should be given to the contributions the person has made to the City, State or Country. A park or facility may not be named after an individual currently in public office or serving as an employee of a local governmental jurisdiction. A minimum of one year waiting period after leaving public office or public service will be considered adequate for consideration cf naming a park or facility for someone whose contribution has been in public service; (2) names related to religious or ethnic origin will 1 _ .:ouncil Meeting October 16, 1984 Page 19 generally not be favorably considered unless the rules of dedication apply; and (3) input from neighborhood organizations in the immediate vicinity of their park or park facility will be sought in the case of a name change request. Council Member Guerrero questioned the rule pertaining to names of political figures in office or employees of those entities and questioned the elimination of ethnic and religious figures. Council Member Berlanga questioned the wording, "allowing the rules of dedication to apply". Mr. Utter informed the Council that the name changes would come before the City Council for approval. Mayor Jones stated that he felt that some policy should be adopted, and Mayor Pro Tem Turner agreed that there should be a policy. She noted that the 60 -day waiting period takes a lot of enthusiasm from a name change and inquired if this period could be shortened. Mr. Utter stated that if the Council had questions, the Staff could study this again and bring it before them again the following week. He stated that this policy could be approved by motion. City Manager Martin stated that he was of the opinion that the policy should be established in resolution form so that something definite could be given to people who are considering requesting a name change of a park. Council Member Mendez stated that he felt that a resolution should be before the Council next week to establish the policy and approve the exact wording, and Council Member Guerrero indicated his concurrence. A motion was made by Mayor Pro Tem Turner to direct the Staff to have this on the agenda next week as a resolution, seconded by Council Member Mendez and passed unanimously by those present and voting. * * * * * * * * * Mayor Jones called for action by ordinance on Items 26 and 27 from the Regular Agenda. City Manager Martin referred to Ordinance No. 26 which appropriates $2,318,640 from No. 205 Water Bond Fund to the Alternate Water Supply fund for expenses related to the research and development of alternate water sources. He stated that the City Staff has been instructed to perform a number of things connected with the water shortage, including leases, drilling of wells, study of desalinization and cloud seeding, etc. He reminded the Council that several weeks ago, the City Council authorized a temporary cancellation of some projects in the water program and authorize the transfer of $600,000 to the alternate water supply fund. He stated that the City Staff is now recommending that a .l4 council Meeting _sober 16, 1984 Page 20 transfer of the larger amount of $2.3 million be transferred activity for this same purpose. He noted that this would provide $3 million to enable the City Staff to go ahead signing leases contracts for drilling for wells, etc. Mayor Jones asked the City Manager to summarize the projects delayed. to this same approximately for property, that will be City Manager Martin explained that hopefully, the projects will be deferred only and they will involve everything from the new devices for the meter readers to the work at the 0. N. Stevens Plant. He stated that the major item would be the Stevens Plant Reservoir. He stated that the Staff hopes that this money can be paid back over a four or five year period of time, following which the projects that are planned can be initiated. He pointed out that this is similar to what happened following Hurricane Allen at which time projects were delayed until funds were available again. Mayor Pro Tem Turner inquired if these funds will be placed in a totally separate account, and City Manager Martin stated that they will be. He pointed out that the City is retaining $1,000 in each of the funds from which money is being taken as a method of reminding the City of which projects had priority. Mayor Pro Tem Turner questioned the need to increase the water rates since there is a rate structure to pay for these bond funds. City Manager Martin explained that there is a need to get the money back into the funds and they are suggesting that it be paid back over a four-year period. He noted that this actually means that the City is setting aside a total of $3 million for the additional water supply. Mayor Jones referred to Ordinance No. 27 which is the first reading pertaining to fencing of swimming pools and asked for a brief review. City Manager Martin reminded the Council that approximately three weeks ago, a presentation was made to the Council, following which the Council instructed the Staff to draft an ordinance for fencing of swimming pools. He explained further that in doing so, they examined ordinances from other cities and the only question was when the ordinance would be in effect. He stated that the Staff is recommending that all pools, except those above ground level, be enclosed either with a fence or other structures and the recommended height is 48" which is also recommended by the Building Code. He stated that Mr. Perry had recommended a higher fence of five feet but the main concern is about toddlers wandering into pools because older children could climb 4' or 5' fences and the lower fence would allow people in the area to view the pool. He stated that he is also recommending that the gates serving the general public be self -latching and that the holes be no more than 6" wide. He stated that the effective date would be six months from the effective date of the ordinance. He suggested that if the Council is comfortable with this ordinance, that it be passed on first reading but that it be sent to affected parties for their I council Meeting October 16, 1984 Page 21 consideration before the third reading. He explained that he felt that a copy of the ordinance should be sent to the Hotel/Motel Association and the Apartment Owners' Association for their comments prior to third reading or the Staff could specify a specific date for receipt of comments. Mayor Jones ascertained that no one in the audience wished to speak in regard to this ordinance; City Secretary Read polled the Council for their votes; and the following ordinances was passed on first reading: 26. ORDINANCE NO. 18519: APPROPRIATING $2,318,640 FROM THE NO. 205 WATER BOND FUND FOR EXPENSES RELATED TO THE RESEARCH AND DEVELOPMENT OF ALTERNATE WATER SUPPLY, INCLUDING WELLS AND ASSOCIATED EQUIPMENT AND POWER COSTS, LEGAL FEES AND THE LEASE OF LAND FOR WATER WELLS, WELL WATER PURCHASES, CONSULTANT SERVICES RELATED TO ADDITIONAL POTENTIAL WELL WATER, THE DEVELOPMENT OF ADDITIONAL WATER SOURCES THROUGH DESALINIZATICN AND CLOUD SEEDING, TRANSPORTATION OF WATER THROUGH PIPELINES, THE REDUCTION OF EVAPORATION BY APPLYING A SURFACE FILM AND SURVEY OF LAKE SEDIMEENTATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Turner, absent at the time the vote was taken; Kennedy, "absent". 27. FIRST READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 23, SWIMMING POOLS STANDARDS, SECTION 23-57, (1) DEFINITIONS TO MODIFY THE DEFINITION OF "PUBLIC SWIMMING POOL" AND THE DEFINITION CF "WADING POOL"; AND BY ADDING SUBSECTION (8) POOL ENCLOSURE REQUIRED:; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, "absent". * * * * * * * * * * Mayor Jones announced the public hearing on the following street name change: 28. Street Name Change - to consider a request from Mr. Mark P. Bratton to change the name of Apricot Drive to Lipes Avenue in honor of Mr. Wheeler B. Lipes, Administrator of Memorial Medical Center. This street extends eastward from Rivergate Drive to Cimarron Boulevard and will run in front of the new Memorial Medical Center South. There are no businesses, residences or addresses on this street, and all affected City Departments and the U. S. Post Office do not object to the request. (Attachment #21) 1 Jouncil Meeting October 16, 1984 Page 22 City Secretary Read explained that the request was from Mr. Mark P. Bratton to change the name in honor of Mr. Wheeler B. Lipes and that the location is the area planned for the new Memorial Medical Center South. Mayor Jones called on Mr. Bratton or his representative to speak. Mr. Wayne Lundquist stated that he felt that the Council was familiar with this property and described streets in the area and stated that this is the property where the proposed Memorial Medical Center South will be located. Because of that, he stated Mr. Bratton thought it would be appropriate to rename this street Lipes Avenue. No one spoke in opposition to this street name change. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Berlanga and passed unanimously by those present and voting. City Secretary Read informed the Council that an ordinance effecting the street name change will be on the agenda next week. * * * * * * * * * * Mayor Jones announced the public hearings on four zoning applications. 29. Application No. 984-6, Ms. Annette Gibson: for a change of zoning from "R -1B" One -family Dwelling District to "RE" Residential Estate District on Lot 5, W. E. Lee Place, located at the southwest intersection of Graham Road and Ruddock Drive. Assistant City Manager Tom Utter informed the Council that there was no response to the seven notices of the public hearing that were mailed and that both the Planning Commission and Planning Staff recommend approval. No cne spoke in opposition to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. City Secretary Read polled the Council for their votes on the ordinance effecting the zoning change and it passed as follows: 29. ORDINANCE NO. 18520: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ANNETTE GIBSON, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 5, W. E. LEE PLACE, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "RE" RESIDENTIAL ESTATE DISTRICT; AND DECLARING AN EMERGENCY. s. Jouncil Meeting October 16, 1984 Page 23 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Brown, absent at the time the vote was taken; Kennedy, "absent". * * * * * * * * * 30. Application No. 884-2, Ms. Viola Garcia: for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 1B, Block 3, Laguna Acres, located on the south side of Mendoza Street, approximately 37' west of Columbia Street. Mr. Utter explained that in response to the eighteen notices of the public hearing, six in favor and none in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial of the "AB" zoning but in lieu thereof, that a special permit be granted for the operation of a one chair beauty shop for the applicant/owner. He stated that the Staff does not ordinarily recommend intrusion of this type into a residential neighborhood, but due to the hardship of Mrs. Garcia, they are recommending the special permit in this case. No one appeared in opposition to this zoning application. A motion was made by Council Member Berlanga that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously by those present and voting. City Secretary Read polled the Council for the vote on the ordinance granting the special permit and it passed as follows: 30. ORDINANCE NO. 18521: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF VIOLA GARCIA BY GRANTING A SPECIAL COUNCIL PERMIT FOR A ONE CHAIR BEAUTY SHOP ON LOT 1B, BLOCK 3, LAGUNA ACRES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Brown, absent at the time the vote was taken; Kennedy, "absent". * * * * * * * * * 31. Application No. 784-20, Mr. Antonio Rodriguez: for a change of zoning from "A-2" Apartment House District to "B-6" Primary Business Core District on Lot 3, Block 5, C. A. Meuly's Addition, located along the west side of 15th Street north of Hancock Avenue. h s, .:ouncil Meeting October 16, 1984 Page 24 Mr. Utter stated that in response to the twenty-seven notices of the public hearing, one in favor and four in opposition had been returned. He stated that the Planning Commission and Planning Staff both recommend denial. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area and showed slides cf the vicinity. He noted that the area is primarily residential and pointed out the car pert that was constructed in violation of the Building Code. He explained that a permit had been issued previously for the construction of a garage, but the applicant later changed the garage to a living unit without a permit. He noted that this application was a result of the fact that the three single-family dwellings were constructed on this one lot and they are in violation of the zoning. Mayor Jones inquired about the result if this application is denied, and Mr. Wenger explained that the zoning application was initiated following an inspection by the Building Division of this particular area. Council Member Mendez stated that he had been by this lot and evidently the two small houses fronting on 15th Street have been there for some time. He stated that it was his understanding that Mr. Rodriquez was issued a citation because of the car port he constructed at the rear of the property. Mr. Wenger stated that he also did not have a permit to change the garage into a living unit. Mr. Wenger continued by stating that if this request is not approved and the owner does not remove the buildings that are in violation, the matter will gc to the Courts. He explained that the only solution to comply with the zoning would be to remove the car port and then connect the three units to make a triplex on the property. Mayor Jones called on the applicant to speak. Mrs. Rodriguez, 913 15th Street, daughter of the applicant, stated that she has a letter signed by the next door neighbor indicating that they have no opposition to the use that has been established here. She stated that it is true that the car port was built in violation but her father did not know he needed a building permit. She explained that Mr. Rodriguez has two other daughters who want to live in the guest houses while they attend Del Mar College. Mayor Jones inquired of Mrs. Rodriguez if there are three living units on this piece of property, and Mrs. Rodriguez replied that only one is rented at this time. She stated that the two front units are used for rental purposes. Council Member Slavik inquired of Mrs. Rodriguez if her father would be willing to remove the car port and connect the three living units as suggested by Mr. Wenger. R. . _ouncil Meeting October 16, 1984 Page 25 Mrs. Rodriguez stated that her father needs the car port to protect his automobile and she did not believe that the neighbors object to this. Mrs. Rodriguez stated that he could connect the three units to make a triplex. Council Member Mendez inquired if a roof would be enough to connect the three units and allow the car port to remain. Mr. Wenger stated that the roof between the units would be enough but because of the building line violation, five feet, at least, would have to be removed from the car port. He stated that Mr. Rodriguez would then not be in violation of the zoning ordinance. Mayor Jones inquired as to how long the ordinance as been in effect, and Mr. Wenger replied that since 1962. Mayor Jones then mentioned the possibility of a fire hazard because of the extension of the car port beyond the building line. He expressed the opinion that the applicant should be made to comply with the Building Code. Mayor Pro Tem Turner inquired about the real objection to the structures. Mr. Utter explained that this is an area of single-family residences; the reason set -back requirements are in effect, particularly in older areas of the City, is because they present fire hazards and there is a question as to whether you want to enforce the ordinances or not. He explained the legal construction that has occurred on this property and explained that the reason for the "B-6" zoning request is because there are no set -back requirements in that zoning. He pointed cut that this is a series of illegal construction actions and if the Council granted the request for "B-6" there would be many other similar situations that occur in the future. Council Member McComb pointed out that if the Staff is concerned about a structure extending over into an easement, he would like to refer them back to a previous ordinance considered earlier in the meeting in which a house extended into the easement in Country Club. He suggested that if Mr. Rodriguez would connect the three structures he felt that he should be allowed to retain the car port. Council Member Berlanga concurred with Mr. McComb that a special permit should be approved if the houses are connected and allow to car port to remain there. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Eerlanga and passed unanimously by those present and voting. _ Council Meeting October 16, 1984 Page 26 A motion was made by Council Member McComb that the requested "B-6" zoning be denied but in lieu thereof, that a special permit be approved to allow the applicant to retain his car port as it is but that he be required to connect the other structures through some type of roof construction. The motion was seconded by Council Member Berlanga. Mayor Jones stated that he will vote against this special permit because the car port was constructed just last year in violation of the law and he did not believe that the Council should legalize an action that was wrong in the first place. Mr. Utter stated that the ordinance could not be approved until they have presented a site plan and to approve the special permit would require a simple motion but when the ordinance is before the Council, six affirmative votes will be required to pass it. Mayor Jones called for the vote on the motion to approve the special permit and it passed as follows: Berlanga, Brown, Guerrero, McComb and Mendez voting, "Aye"; Jones and Turner voting "no"; Kennedy, "absent". 32. Application No. 884-12, Dr. Joseph Oshman et al: for a change of zoning from "A-1" Apartment House District to "B-3" Pusiness District on Tracts B and C, Block 13, Lokey Subdivision, located on the north side of Wooldridge Road, approximately 100 feet west of the intersection of Stillbrook Drive. Mr. Utter informed the Council that in response to the thirty-four notices of the public hearing, two in favor, five in opposition, plus a petition with 136 signatures expressing opposition to the zoning change, seventeen of which were cwners within the 200 -foot area. He stated that both the Planning Commission and Planning Staff recommend denial of the "B-3" zoning but in lieu thereof, that "AB" zoning be approved. He stated that the 20% rule is in effect. Council Member McComb inquired if the applicant had any objection to the zoning of "AB". Mr. Leslie Simon, 4601 Ccean Drive, stated that he is one of the owners and they are agreeable to the "AB" zoning. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. Mayor Pro Tem Turner stated that she agreed that "AB" zoning would be preferable to the requested "B-3" zoning but asked about the excess. _ Council Meeting October 16, 1984 Page 27 Mr. Wenger stated that it was his understanding they plan to construct a street to the west of this property to a proposed new street in the area. Council Member McComb noted that it was his understanding that Patton Street would be extended. Mr. Simon continued by stating that there was a mutually signed agreement to put the street in if the "AB" zoning is granted. Speaking in opposition to this zoning application was Mr. Bobby Richter, 5933 Knotty Oaks, speaking as the President of the Wooldridge Creek Homeowners Association. He stated that they would be opposed to the "AB" zoning because it would allow more units than that which could be constructed under the existing zoning. He stated that they would prefer that a special permit be granted for office use only and excluding apartments and that planted areas be required on the area that is adjacent to the property that fronts on Stillbrook Street. Mr. W. L. Sanders, 2410 Rainy River, Vice President of the Wooldridge Creek Homeowners Association, stated that they are opposed to the requested zoning but they would not object to a special permit if green space were provided and it was limited to a professional office use. Mr. Wenger informed the Council that "A-1" zoning allows twenty-one units per acre for a total of 206 units on this property; "AB" permits 36 units per acre or a total of 341 units. Mr. Simon stated that they do not have any definite plans as to what will be constructed there, but they do feel that the "AB" zoning would provide a good buffer between the "1-2" zoning and the adjacent "R -1B" zoning. Mr. Utter commented that the application originally was for "B-3" zoning which does not allow for apartments but only businesses and he felt that granting a special permit for "AB" zoning limited to office uses would appear to be in keeping with their original request. He stated that 10% open space is required in "AB" zoning but there are also set -back requirements at the front and the sides so all of the green space could not be required in the rear of the property. Mr. Rick Herring, 5930 Crooked Creek, agreed that a buffer zone of green space is needed. He stated that he would also like to have it further restricted to limit the structures to one story. Mayor Fra Tem Turner pointed out to Mr. Herring that the existing zoning already allows for three story buildings and her question is whether the property owners in the area would prefer apartments or professional office use. Mr. Herring stated that they object to the invasion of their neighborhood. _ Council Meeting October 16, 1984 Page 28 Mayor Jones stated that he has some questions about rezoning property for speculative purposes and he is concerned in approving this when there are no plans for development of the property. Mr. Herring stated that the property is for sale and the owners want to have the most attractive zoning they can obtain. He pointed out that there is no assurance that Patton Street will even be extended through this property. Council Member Slavik inquired if the Council could approve a special permit to limit the structure to one story, and Mr. Utter stated that they Staff could not recommend a special permit for "AB" use limited to one-story structures. He reminded the Council that if a special permit is approved, the Staff would have an opportunity to examine the site plan before the ordinance is passed. Mr. Alan Doty, 3101 South Staples, agent for Mr. Simon, spoke briefly about the value of property iri relationship to its zoning. He stated that if this property is granted "AB" zoning, the value of their property will be increased and basically on that assumption, an apartment complex builder would not be willing to pay the price placed on that property to build apartment houses on it. He assured the Council that the owners have no intention of building apartments in that area and they hoped that the purchaser would be persuaded not to construct apartments there. Mr. Simon stated that they would accept the "AB" zoning use granted by a special permit and including the restriction that no apartments be constructed. A motion was made by Council Member Slavik that the hearing be closed, seconded by Council Member Guerrero and passed unanimously. A motion was made by Council Member McComb that the requested zoning of "B-3" be denied but in lieu thereof, a special permit be approved authorizing "AB" Office Use Only and exemption apartments from installation on this lot. The motion was seconded by Council Member Guerrero. Mr. Utter informed the council that the site plan would simply state, professional offices, excluding apartments. The motion to approve the special permit passed unanimously by those present and voting. * * * * * * * * * Mayer Jones called for the City Manager's Report and other items. Council Meeting October 16, 1984 Page 29 City Manager Martin informed the Council that the discussion of the Airport Master Plan and Capital Improvement Program will be considered next week. He then inquired if the Council wanted him to place the item pertaining to the shipwreck artifacts on the agenda the following week. Mayor Jones stated that he felt that it should be on the agenda next week if possible and suggested that the Staff examine the resolution prepared by Flour Bluff and revise it if necessary. City Manager Martin informed the Council that their resolution states their desires which could be an opposite viewpoint from the City's. He stated that if this is scheduled next week for Workshop, the implementing document could be on the following week. The Council indicated their concurrence by offering no objections. Mayor Jones then called for Item 5 from the Workshop Agenda pertaining to the discussion of the City Charter and Compensation Ordinance. Council Member Berlanga read a prepared statement in regard to this matter. Mr. Berlanga stated that people had approached him concerning actions taken by the City Manager without the knowledge of the City Council. He stated that this is no reflection on the City Manager because he acted with authority, noting that on July 27, 1963, ordinances were passed giving the City Manager decision-making powers that do not require the approval of the City Council. He pointed out that those ordinances were passed seventeen days before the election of August 13th. He expressed the opinion that these ordinances are in contradiction to the City Charter and he is of the opinion that the Council should comply with the Charter, particularly in regard to establishing positions and salaries. He stated that he is aware of jobs that were created and salary increases granted without the knowledge of the City Council. He referred, in particular, to a $10,000 raise the City Manager gave and on which he had questioned Mr. Martin who replied that he did not have to inform the Council, and Mr. Berlanga stated that he agreed with him because the ordinances had been passed that gave him this power. Mr. Berlanga continued by stating that he felt that the City Council should know what is going on, internally and externally, and they cannot afford to give the City Manager or any Staff Member a blank check. He stated that some of the ordinances in question are Ordinance No. 17728, Section 2; Ordinance No. 17152, Sections 2 and 4, Subsection 551.5, Subsection 551.7 and Subsection 552.5.1. Council Member Guerrero indicated his concurrence with Mr. Berlanga's statement and referred to the City Charter, Article IV, Section 1 which states that "the Council shall, in cooperation with the City Manager, fix all salaries for all officers and employees of all departments, etc." He stated that the ordinances referred to by Mr. Berlanga that were passed in July of 1983 take away this power of the City Council, and according to those ordinances, the City Council Meeting October 16, 1984 Page 30 Manager may authorize salary increases in the Managerial Positions including those appointed by the City Council. He expressed the opinion that the Council should try to meet the intent of the City Charter to have the City Manager and the City Council work together to establish the salaries. Council Member Slavik stated that in July of 1982, the City Council passed Ordinance No. 17152 which amended some subsections and created new subsection 551.7 entitled, "Classification/Title Changes Within the Managerial Group." She explained that this states that the City Manager shall set salaries of the managerial group throughout the fiscal year. She agreed that the City Council is losing some of their authority with this subsection. Council Member Slavik referred to the same ordinance, calling attention to Section 10 which adds a new subsection to be numbered 552.5.1 which reads as follows: "salary advancement within the Managerial Group, with the exception of Council appointed positions, shall be made at the sole discretion of the City Manager and shall be based upon an annual review of job performance. More frequent evaluations of job performance may be conducted by the City Manager as deemed necessary." Mrs. Slavik stated that it was her opinion that Sections 9 and Section 10 of this ordinance should be deleted. She expressed the opinion that if the City Council allows these subsections to stand, they are abrogating part of their power. She pointed out that this City has a City Manager/City Council form of government, and by allowing these ordinances to remain in effect and allowing the City Manager to make these appointments without Council approval, they are abrograting some of their power. Council Member Slavik referred to page 23 and 24 of the City Charter, Section 3 which sets forth the statement that any Director of a Department and any Division Head appointments shall be approved by resolution passed by the Members of the City Council. She stated that she felt that the Council should go back to the City Charter so that they would not lose that authority. Mayor Jones stated that there appears to be an effort here to rescind an ordinance and if it is the intent of five members of this Council to interfere with the operation cf the City Manager, he felt that that was in conflict with the City Charter. He noted that the matter of approving salaries is not the perogative of the City Council. He stated that he felt that this should be scheduled as an agenda item and the proponents of rescinding the ordinances should have written material and allow an opportunity for the City Manager to respond. Council Member McComb stated that he evidently missed the meeting when this was discussed by the other Council Members and he did not have the same material they were referring to. Council Member Guerrero took excepticn to Council Member McComb's remarks and stated that there was no meeting. Council Meeting October 16, 1984 Page 31 Council Member McComb stated that he did not understand the purpose of this discussion, and Council Member Guerrero stated that he was prepared to provide statistics if he desired. Council Member McComb stated that he is interested in doing the right thing, but he did not believe that the City Council should get into the management of the employees. He stated that he would like to know specifics of the charges the Council Members are making. Council Member Mendez stated that some of the Council Members did not have any more information than Mr. McComb did because they all have access to the City Charter and they can read it. He stated that the key to the entire matter is when the reorganization of the City was discussed. He stated that he would provide a good example and noted that when the reorganization ordinance was set up, there was an Administrative Department included in the plan and if that department is going to be set up, the City Council should approve the appointment. He expressed the opinion that if the City is setting up a reorganization and they are going to be responsible to the taxpaying public, they should be aware of who is listed on the Organizational Chart of the City. He agreed that at the time the budget is discussed and when it is approved, the City Council is actually approving the organizational chart without even knowing who is on that organizational chart because the City Manager makes the appointments. He stated that the City Charter definitely states that directors of departments shall be appointed by the City Manager but they are to be approved by the City Council. City Manager Martin pointed out that the Charter does not specify any positions except the heads of departments or divisions that must be confirmed by City Council; in 1982, the City Council wanted to specify what was meant by those positions; and at that time, the City Council approved a list which contained about twenty-five positions. He read the list of those positions that require City Council approval, noting that the list includes the following: Airport Director; Budget Director; Building Inspection Director; Director of Business Development; Convention Center, Coliseum; Director of Data Processing; Engineering; Finance; Fire Chief; Gas Superintendent; Public Health Director; and Director of Housing; Director of Housing and Community Development; Director of Human Relations; Director of Jobs Training; City Attorney; Library Director; Director of Maintenance Services; Museum Director; Director of Parks and Recreation; Personnel Director; Director of Petroleum Inspections; Planning Director; Police Chief; Director of Public Utilities; Director of Risk Management and Safety; Director of Sanitation Department; Coordinator of Senior Community Services; Director of Traffic Engineering; Director of Transit; Director of Transportation; Director of Wastewater; and Director of Water. Council Member Mendez noted that those are the departments that require Council approval and when the Council approves the budget, he did not think that the intent is that by approving the annual budget of the City, that the Council is approving all of these appointments and he did not think that was the intent of the Charter. c Council Meeting October 16, 1984 Page 32 City Manager Martin stated that every one of those positions listed has been approved by specific resolutions of the City Council. He reminded the Council that this Council has just recently approved the appointment of the Director of Finance. Council Member Guerrero stated that according to the ordinances that were passed in July of 1983, the City Manager does not have to come back to the City Council with that information. He referred to those ordinances, mentioning in particular Section 9 of Ordinance No. 17152 which indicates that "throughout the fiscal year, employee salary levels, appointments, reclassifications and title changes within the managerial group with the exception of Council appointed positions, shall be individually determined at the discretion of the City Manager." Mayor Jones stated that he did not recall any Council Members ever saying that a certain position should be paid a certain amount. Council Member Guerrero explained that the Council approves this by approving the budget, but that is not the intent of the Charter. Council Member Berlanga reiterated that all of these things were granted by the old Council just seventeen days prior to this Council's election and it was his feeling that it was done with the intention of depriving the Council Members of power they were supposed to have according to the Charter. Council Member Slavik stated that she did not think there was any devious plan, but she believed that this Council should not lose any power as granted by the City Charter. She stated that this Council has not approved salaries or positions except at budget time and the way the ordinance is worded now, the City Manager has the responsibility of increasing salaries. She expressed the opinion that the City Manager should approach the Council on salary changes. She stated that for instance, certain managerial staff people have received very large salary increases, and although the City Manager has the power to do this, the City Council Members do not want to abrogate any power that this Council has or future Councils may have. Council Member Slavik then referred to Ordinance No. 17728 passed by the Council on July 27, 1983 and referred to Section 2 of that ordinance entitled, "Managerial Group Salary Adjustments" which reads as follows: "The City Manager may authorize increases in salary ranges in individual salaries for all employees in the managerial group including Council appointed positions effective August 8, 1983." 1 think should say "with the approval of the City Council." City Manager Martin stated that he would like to address some of the remarks made. Fle agreed that one solution is that there is no problem in their repealing all of the July 27, 1983 Compensation Ordinances and he would recommend they do this if that is what they are asking, but he was of the opinion that it will hurt the City employees. He reminded the Council that they : Council Meeting October 16, 1984 Page 33 had just passed a similar ordinance for this year's salary increases and it is actually what he would like to refer to as a "throw away" ordinance, and emphasized that this is done every year to implement the salaries set by the Council. Council Member Guerrero stated that he does have a motion that will bring back the intent of the Charter on this subject. He then made a motion that the Staff bring forth the necessary amendments to the appropriate ordinances to accomplish the following: 1. Repeal Section II of Section 1. Managerial Group Salary Adjustments of Ordinance No. 17728. Reads: The City Manager may authorize increase in salary ranges and individual salaries for all employees in the Managerial Group including Council appointed positions effective August 8, 1983. (Save or at least keep taxpayers informed in what is happening in salary tax expenditures.) 2. Rewrite Section 4, Subsection 509 to read: deleting last sentence thus requiring Council approval on any salary schedule range change. 3. Section 7, Subsection 551: Delete last sentence -- and rewrite that all salaries resulting from appointments to the Managerial Group shall be determined by the City Council with City Manager recommendation. 4. Section 9, Subsection 759. Delete from the word "Throughout the fiscal year, employee salary levels, appointments, reclassifications, and title changes within the Managerial Group, with the exception of Council -appointed positions, shall be individually determined at the discretion of the City Manager, etc.". and that the City Attorney review the City Charter and appropriate ordinances to prevent conflicts and contradictions. Refer - CHARTER, Pg. 25, Art. IV reading: The Council shall, in cooperation with the City Manager, fix all salaries for all officers and employees of all departments; and salaries of employees in the classified service shall be uniform for each grade established by the Civil Service Commission. The motion was seconded by Council Member Berlanga. Council Meeting October 16, 1984 Page 34 Council Member Slavik also suggested that in Ordinance 15152, Section 10 possibly should be deleted. Council Member Guerrero suggested that the Council ask the City Attorney to examine that with the understanding that the whole intent is to change ordinances that are in conflict with the City Charter. Council Member Guerrero stated that his motion was that the Staff come forth with the appropriate amendments to the existing ordinances, rather than voting on the changes today. He pointed out, however, that this has been on the agenda for three weeks, and if someone is opposed to this, they can vote against it. Mayor Jones expressed the opinion that this should be on three readings, and Council Member Guerrero emphasized the fact that when the ordinances in question were passed, they were passed as emergency, one -reading ordinances. Council Member McComb suggested that in fairness to all Council Members and the Staff, he would appreciate that the amendments to passed out to the City Council Members for study and if the City Manager can clean this up by repealing the ordinances in question, then he should be allowed to do so. Mayor Pro Tem Turner stated that she is just concerned about the insinuations that have been made that are inaccurate. She stated that she thought that what is proposed is very serious because some Council Members are talking about a definite change in policy and she is concerned that what is being considered is being rushed through when some of the Council Members are not aware of the concerns. She stated that it is clear that some of the Council Members have been talking about this without input from all the Council Members. Mayor Jones stated that he did not think this is intended as a railroad job, but that is what it is, and obviously, this has been discussed by some Council Members; this is absolutely a railroad job, and he will vote against it. He suggested that the proper action would be to have this as a discussion item. Council Member Slavik stated that this is not a railroad job. She stated that she had read the Charter on her own; she has not talked with anyone; she is concerned that there are certain technicalities that need to be corrected; and she did not want to interfere with the City Manager's management practices; but she did not want the Council to abrogate any powers, and that is why she suggests that Sections 9 and 10 of Ordinance No. 17152 be deleted. She stated that she did not think that this had to be done today but she just wanted the Council Members to be aware of the fact that they are losing some of their power. Council Member Berlanga referred to the statement that this is a railroad job, and stated that he could not think of a bigger railroad job than when these ordinances were passed on an emergency basis just seventeen days before the Council election. Council Meeting October 16, 1984 Page 35 Council Member Mendez referred to the time when the City Manager proposed a reorganization for the management group and inquired as to what authority the Council has when appointments are made. He stated that he thought that Council Member Guerrero is discussing the salaries because of the effect it will have on the City's budget and during the year the City Manager can make changes that will have a large effect on the City budget and the Council Members should know why the salary ranges are changed. He stated that if salary ranges are changed, that is fine, but it should be subject to the approval of the City Council. Council Member Guerrero stated that he is not suggesting that the Council change anything the City Manager has done up to this point, but he is saying that the Council Members should know what he is doing so that they can explain to their constituents why the budget figures have changed and why salaries are increased. He suggested that the Staff bring forth the necessary amendments to the appropriate ordinances to see that they comply with the City Charter. Mayor Jones called for the vote on the motion made by Council Member Guerrero in regard to the amendments to the Compensation Plan Ordinances and it passed by the following vote: Berlanga, Brown, Guerrero, Mendez and Slavik voting, "Aye"; Jones, Turner, and McComb voting, "No"; Kennedy, "absent". City Manager Martin stated that the Staff will do a good job of preparing an ordinance to comply with the motion the Council has passed. Mr. Martin stated that he will have this in a few weeks. He stated that there are a lot of different things being said here, most of which are inaccurate. The ordinance Mr. Guerrero refers to was not adopted in 1983 -- it was adopted in 1982, so the allegation that it was passed shortly before the election is inaccurate because it was adopted thirteen months before the election. What Mr. Mendez is talking about is not accomplished by these motions. He stated that the ordinance amendments requested indicate that this City Council apparently desires not to operate under the Council/Manager form of Government as set up by our Charter, but rather chooses to be involved in whether management employees receive pay raises, because that is exactly what these amendments do. He assured the Council that he will do a good job in developing the ordinances for them but he would not stay around. He stated that he thinks it is a violation of the Charter and he did not think there is any way that this City would have an effective City/Manager form of Government if that is what the Council wants to do. Assistant City Attorney Jay Doegey addressed the Council and stated that he has seen a similar incident once before. He stated that he did not know what has happened in regard to what has been circulated because he has tried to find cut about this item for two weeks and very little information was available. He expressed the opinion that it is obvious that some of the Council Members did not have that information either. He reminded the Council that there is an Open Meetings Act in this State, and that means that the Council must conduct meetings in public and that includes just about any deliberations they have, except in certain kinds of instances, and if they do not, they are subject to penalties. Council Meeting October 16, 1984 Page 36 Council Member Slavik stated that she had not met with any of the Council Members because she is solo on the Council and "goes it alone". She stated that she obtained the ordinance on which she had a question about six months ago and her primary concern is Ordinance No. 17152. She assured the Staff that this is not a railroad job and a meeting had not been held even though she did talk to one or two Council Members by phone but no one knew what she was going to do. She stated that some of the Council Members are just concerned about some of the things in the Charter and stated that she would like to have an opinion of Sections 9 and 10 of Ordinance No. 17152. Mayor Pro Tem Turner stated that she hoped that the Council Members know that they are jeopardizing the Council/Manager Form of Government. Mayor Jones stated that he did not believe that the intent of this motion was to destroy the Council/Manager Form of Government. Council Member Mendez agreed, stating that he did not think that this takes away at all from the Council/Manager Form of Government. He then asked Assistant City Attorney Doegey's opinion about salaries that are set by the City Manager when the City Charter indicates that the Council should set those salaries. Mr. Doegey stated that the Council has done this by setting the minimum and maximum ranges of the salary. Council Member Mendez stated that that was done when they approved the annual budget, and evidently, Mr. Doegey did not feel that they should be concerned about salaries established during the fiscal year. Mayor Jones reminded the Council that they had an item to approve a reorganizational chart. Council Member Mendez expressed concern about Ordinance No. 17728 which was passed on July 27, 1983 in that the ordinance clearly states that "the City Manager may authorize increases in salary ranges and individual salaries for all employees in the managerial group, including Council appointed positions, effective August 8, 1983." City Manager Martin stated that that ordinance does not do anything because it was just an ordinance to allow him to approve the cost of living increases. He stated that that ordinance does not give the City Manager any power at all or approve anything. He again referred to the ordinance and said, "let's deal with that -- let's just repeal it". Council Member Mendez referred to the ordinances that deal with reorganization and suggested that when the City Manager makes an appointment or establishes a department, the City Council should have the authority to approve. t, _ Council Meeting October 16, 1984 Page 37 Council Member Guerrero stated that the City Manager made a rather strong statement that he is ready to resign and that he has some employees lined up with him. City Manager Martin denied that he had said that. Council Member Guerrero inquired of the City Manager what he objected to in the amendments that he had included in his motion, and City Manager Martin inquired if he referred to raises for the Staff that have to be approved by the Council. Council Member Guerrero stated that that is correct. The City Manager pointed out that the City has over 3,200 employees and inquired if the Council feels that they must approve raises for all of those employees. Council Member Guerrero stated that he did not see why they could not approve raises because he thought they needed to follow the intent of the City Charter. Mayor Jones stated that he did not think that was following the City Charter. He continued by stating that the raise that everyone was talking about was the one for Leah Olivarri and asked Council Member Guerrero why he didn't just come out and say it. Council Member Guerrero stated that he did not want to use the name in public because of possible embarassment of an employee, but now the Mayor has done so. Council Member McComb expressed the opinion that he felt that a lot of employees would be hurt if this is going to be discussed in public. Mayor Jones noted that City employees' salaries are public information, but what the Council is talking about now is whether the City Council should approve all of those raises. Council Member Berlanga pointed out that he felt that Ordinance No. 17728 deals with the managerial group and that is where the high salaries are listed and he felt that the Council should be informed about those when they are considered. Mayor Jores expressed concern because the people of this City have stated that they want a Council/Manager Form of Government and he would predict that the Council will hear very soon about what has occurred here tonight. He stated that he hoped the citizens come forward and say what kind of government they prefer since they voted on the Council/Manager Form of Government. h. - Council Meeting October 16, 1984 Page 38 Council Member Drown stated that he did not think that it is the intent of the City Council to take away from the Council/Manager Form of Government. He stated that he voted for the motion because he felt it was in conflict with the City Charter and he did not think that the Council Members wanted the City Manager to report on every employee in the City. He noted that there are two classes of personnel -- classified and certified -- and he thought the City Manager should have some leeway and when a raise is being considered for some of the top managerial personnel, the City Manager should make the recommendation and inform the Council and ask for their approval. Council Member Slavik agreed that that was what the Council wanted in that when the City Manager makes changes in that group, the Council Members should be informed about it. She agreed that she did not want to take away the City Manager's power nor did she want to take away from the power of the City Council. Mayor Jones stated that he has thought about this issue for a long time. He reminded Mrs. Slavik that she constantly talks about telephone calls that she receives, but in his opinion, the Council has an obligation to think about the people who do not use the telephone and there is a need to be aware of those citizens who do not call Council Members to express opinions. Council Member McComb suggested that the discussion be concluded and that they go to Item P. Council Member Mendez stated that he has one other concern in regard to the reorganization. He addressed Mr. Martin and reminded him that at the time he approached the Council and announced the appointment of Mr. Juan Garza as Director of Finance, he made the remark that it was not necessary to have the Council's approval. City Manager Martin denied this, stating that he presented that matter to the Council Members in a closed session with a resolution in his hand and that that appointment was approved by a resolution. Council Member Mendez stated that he remembered that at the time the City Manager made the appointment, he did state that "he did not have to inform us of this." * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not listed on the agenda. Mr. Calvin Floyd referred to the matter of granting easement abandonments for obstructions in the easements. He stated that he has seen some garages that are as much ten feet into the easement, noting that there have been permits issued on a duplex and mistakes have been made. He stated that he could show the place in the City where this had occurred. He expressed the opinion that h _ Council Meeting October 16, 1984 Page 39 mistakes such as this would not happen if there were more inspectors in the field. He expressed the opinion that these are the kinds of things that are occurring in this City because of the few inspectors employed by the City. Mr. Frank Dietz, representing the Coastal Bend Greens Industry Association, pointed out that this industry was hit very hard by the system of prohibiting the watering of plants except during certain hours on certain days. He stated that because of this, citizens have refrained from purchasing plants and assured the Council that they support the allocation plan but they would like to see the Council allow a less serious restriction on the water uses. Mayor Jones asked him exactly what he wanted the Council to do, and Mr. Dietz stated that the restriction on the amounts of water does not bother them but the restriction on the way that water could be used did bother them. He stated that specifically they support the allocation but they feel that it is superfluous to have the limitation on the use of that water for watering plants. Council Member McComb pointed out that the ordinance still allows watering of plants and trees on certain days and during certain hours. Mr. Dietz stated that he felt that the perception of the people in the allocation plan presents problems, however, because of the citizens' attitude. Mayor Jones stated that he is extremely pleased with the accomplishments of the citizens of Corpus Christi in terms of saving water and abiding by their allocations. In a return to the earlier discussion, Council Member Guerrero referred to Crdinance No. 17728 which was approved on July 27, 1983 and noted that it deals with the managerial group. City Manager Martin interjected that that is the one that is dead and he recommended appealing it. There being no business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member McComb and passed unanimously, the Regular Council Meeting was adjourned at 8:02 p.m., October 16, 1984. * * * * * * * * * DZ/rr