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HomeMy WebLinkAboutMinutes City Council - 11/12/1969MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November 12, 1969 2:00 p.m. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore • City Manager R. Marvin Townsend Asst. City Attorney Bob Coffin Asst. City Secretary Bill 'G.. Read Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by the Reverend Clarence Branch, Pastor of the Forrest Park Baptist Church. Assistant City Secretary Bill G. Read called the roll of those in attendance. The Minutes of the Regular Council Meeting of October 29, 1969, were approved as submitted to the Council. Mayor Blackmon recognized and presented Certificates of Attendance to members of the Student Council of W. B. Ray High School as follows: Chip Stratman, Rose Parkhurst, Charles Cervantes, Marcus Burch, Karen Fly and Nancy Alien. The students were accompanied by their sponsor, Mrs. Claborn. Mayor Blackmon welcomed sixteen students from the Lozano Elementary School who were present to observe government in action as an extension of their classroom studies in government. They were accompanied by their sponsor, Mr. Garcia. It was noted that the Lozano Elementary School was named in honor of the father of Mayor Pro Tem Lozano. Mayor Blackmon read a proclamation designating the period from November 12 through November 16, as HONOR AMERICA DAYS in the City of Corpus Christi, and urged that each and every citizen observe the days by affirmation acts of responsible patriotism rather than by negative silence and passive existence, and enumerated ten ways to affirm patriotism; flying of the Flag; burning of headlights; prayer for gallant men in Vietnam; write or wire support for the President, or if critical, be constructive; respect those who wear the uniform of the Armed Forces; honoring veterans who have already discharged one of the basic responsibilities of citizen- ship; support of police officers; resolve to leave the conduct of war and the seeking of peace to • Minutes Regular Council Meeting November 12, 1969 Page 2 those who have those duties and responsibilities; thank God that we live in a country that permits freedom of speech; speak and praise for our country to everyone we meet. Mayor Blackmon called For the City Manager's Reports. City Manager Townsend presented for the Council's consideration the following recommendations: a. That the date of December 10, 1969, at 3:00 p.m., be set for a public hearing for sidewalk improvements on the following streets: (1) Alameda Street, west side only, from Hancock to Agnes Street; (2) Brownlee Boulevard, west side only, Buford to Agnes, except Lot 18, Block 15, Chamberlin Addition; (3) Chico, east side only, Howard to Comanche; (4) Howard, north side only, Chico to 19th; (5) Clark, both sides, Norton to Normandy; (6) Norton, south side only, Naples to Ramsey; (7) Naples, northwest side only, Shely to Norton; (8) McArdle Road, south side only, Rodd Field Road to Nile Drive; (9) Ruth Street, south side only, Twenty -Second to Twenty -Fifth; (10) Santa Fe, west side only, Craig to Morgan; (11) Weil Place, east side only, Kenwood Drive to Texas -Mexican Railroad right of way; (12) McArdle Road, north side only, Nesbitt to Johnston; (13) Shirley Drive, east side only, abutting west side of Lots 1 and 26, Block 4, Prescott Park; (14) Karen Drive, south side only, abutting north side of Lot 1, Block 5, Prescott Park; and (15) John Jones Park; b. That the request of the Park and Recreation Board, and approximately 100 signers of a petition, that the Westside Recreation Center be renamed Woodlawn Recreation Center, the change being designed to make it easier to locate the Center and to more adequately relate the building to its neighborhood, be approved; c. That the offer of the Buccaneer Commission to donate additional Coliseum lighting, including three lamps on the West side of the Coliseum and an area light on the southwest side of the Exposition Hall, at a cost to the Commission of approximately $1,600, be accepted, and that the Commission be so notified; d. That the general conditions of bid specifications be revised so as to include the following section: Equal Opportunity Employer Every contractor must agree that, during the performance of its contract it will: Minutes Regular Council Meeting November 12, 1969 Page 3 (1) Treat all applicants color, religion, sex, or (2) Identify itself as an advertising or requests. and employees without discrimination as to race, national origin. equal opportunity employer in all help wanted The contractor is hereby advised that any complaints filed with the City alleging that a contractor is not an equal opportunity employer during the 6 months preceeding the date of receipt of bids will be referred to the Human Relations Commission, through its Human Relations Administrator, for the purpose of review and recommendations. The report of the Human Relations Commission will be transmitted to the Purchasing Agent or the Director of Public Works who will include a summary of such report with any future bid award recommendations for which the contractor is a bidder and bring to the attention of the City Council any such report received prior to the issuance of authority to deliver or a work order to any such contractor. A copy of this report shall be sent to the contractor. The Human Relations Administrator will follow up any such report and bring to the attention of the Commission any further action by the contractor which would include that the findings of the Commission should be modified. Any such modified findings of the Commission will be delivered to the Director of Public Works or Purchasing Agent with a copy to the con- tractor and be included in any future bid award recommendations. The City Council reserves the right to consider such reports in determining the best bid and to, on the basis of such report, terminate any portion of a contract for which work orders or authorities to deliver have not been issued. However, the contractor is specifically advised that no equal opportunity employment complaint will be the basis for cancellation of any contract for which authority to deliver has been granted or a work order issued. That the ordinance establishing the Human Relations Commission be amended to add Section 5-G to read as follows: "shall investigate, through the Human Relations Administrator, all complaints received regarding failure of a contractor of potential contractor to be an equal opportunity employer as required by the general conditions of the bid specifications of the City. The report of its findings shall be submitted to the Purchasing Agent for supply contractors and to the Director of Public Works for construction contractors with copies to the contractor, City Manager, City Secretary, and Director of Finance. The Commission shall keep an active file on any complaint wherein it finds that the charge has some basis and shall, through its Adminis- trator, work with the contractor involved to the end that the Commission can satisfy itself that the basis for the charge has been eliminated. It shall file with each party receiving a copy of its initial report such supplemental reports of its findings as may be indicated until the file is closed." That because of the need for broad perspective regarding matters of equal opportunity employment and consistency in analyzing charges of alleged complaints, the committees of the Commission be composed of members of the Commission. Section 7 of Ordinance 9410 shall be amended to read: "The Chairman of the Human Relations Commission shall be authority to appoint Committees consisting only of Commission members. The authority of each Committee shall be restricted to specific assignments set forth by the Commission and such authority shall terminate upon a final report and recommenation to the full Commission." s • Minutes Regular Council Meeting November 12, 1969 Page 4 Mrs. James C. Scott, spokesman for a group of persons and organizations who have been actively promoting the passage of an equal opportunity ordinance, appeared in connection with Item "d" of the City Manager's Recommendations, and requested clarification of the "proposed ordinance" relative to job specifications, effectiveness, enforcement, and the City's authority and procedure to cancel contracts. City Manager Townsend explained that an ordinance is not being proposed but only an amendment to the job specifications to contractors, and an amendment to the ordinance known as the Human Relations Ordinance. He explained the City's present procedures of advertising and awarding contracts, including contracts for public works projects and suppliers of materials and equipment on annual supply contracts. He stated the proposed recommendations provide a clear expression of the intentions of the Council and Staff that its suppliers and contractors be equal opportunity employers; provide an adequate but not complex system for review of any incident alleged to indicate a City contractor is not an equal opportunity employer; and inform all City contractors that the Council reserves the right to consider the reports of its Human Relations Commission in the same manner that it considers other information about bidders in determining to whom a contract should be awarded. He stated that by amending the City standard specifications, both public works and supply, the equal opportunity employment provision will apply to all contracts for which sealed bids are received and Council authority for a contract is required, and that the only contracts which would be excluded would be for items or groups of items costing less than $2,000. Mr. Townsend furnished Mrs. Scott with a copy of his written statement of explanation of the Council's and Staff's position relative to employment practices of City contractors. Mr. Irvin Brown, President of the NAACP, pointed out on a chart percentages of employ- ment of black people and persons with Spanish surnames, alleging that employment had not been comparable to the overall employment rate; that the employment of these minority groups in the upper grades had been almost non-existent; and that the number of colored people in the lower paid grades have not been promoted to upper paid levels. Mr. Brown commended the City for its efforts in advertising jobs available, but stated that they are only trying to show that the pattern over the years had changed very little. • • Minutes Regular Council Meeting November 12, 1969 Page 5 Mr. Townsend stated that he could not agree with the assertion that progress had not been made in the last four or five years in the employment by the City of individuals of ethnic groups, and pointed out that a survey of the City as to ethnic distribution was provided last week to substantiate that progress had definitely been made. He further explained the procedure for advertising for available positions with the City, and stated these employment and promotional opportunities lists are posted on bulletin boards in public places throughout the City, and that an attempt had been made to implement every suggested approach to the matter of fair employment. Dr. Johnnie C. Gage, Pastor of Mt. Zion Missionary Church, stated he felt the City was avoiding the issue in not adopting an ordinance which would spell out the law requiring that employers certify themselves as equal opportunity employers, and inquired if it is contemplated that in the future such an ordinance will be adopted. He stated he felt all contractors, both large and small, should be required to comply with this requirement. Reverend Elliott Grant, Chairman of the Interracial Council, stated he felt that most of the members of this Interracial Council would say that many of the things they were concerned about have been covered in the City Manager's recommendation, but that he objected to the amendment of the Human Relations Ordinance that committee members should be made up of only Commission members; that because of the magnitude of the work, it should be spread over a larger area. He filed with the Council petitions containing approximately 1500 signatures requesting that the Council pass an appropriate ordinance endorsing the purposes and goals of the Equal Employment Opportunity Act. (Petition #11-69) Mr. Harold Alberts, attorney active in Civil Rights affairs of the City, stated his original intention had been to oppose the City Manager's recommendation, but that after a study of it, he was convinced that the bid specification amendment would accomplish more than the ordinance which had been requested. He stated that he did feel however that the Council should not remove the authority of the Chairman of the Human Relations Commission to appoint to committees persons not members of the Commission. He stated this provision allows a number of interested persons to be involved. • Minutes Regular Council Meeting November 12, 1969 Page 6 former Dr. Harold Branch,/member of the Human Relations Commission and Pastor of St. John Baptist Church, commended the Council and City Manager for their efforts expended the past few weeks on this matter, and was gratified by the interest manifested by City government. He urged the Council to adopt the recommendation as presented by the City Manager, but asked that the suggestion made by Mr. Alberts: relative to the authority of the Commission to appoint members of committees, be reconsidered. Mrs. Eleanor Coffman of YWCA stated she concurred in the statement made by Mr. Alberts, but that she hoped the Council would adopt the recommendation presented by the City Manager. Commissioner de Ases stated he wished to make a statement in response to the comments heard today since he was in some way responsible for bringing the matter before the Council. He stated he feels that to adopt the City Manager's recommendation would be a step in the right direction which would eventually lead to a solution of the total problem; will establish a policy of the City Council; and that if in the future it is discovered that the amendment to the bid specifications is boing ignored, then there will be nothing to prevent them from bringing the matter up again. Mrs. Scott further challenged the language of the recommendation setting out the procedure for enforcement of the proposed amendment to the bid specifications, and stated the amendment shows good intentions on the part of the Council, but that it may result in only "lip service" and without "teeth." She stated she had requested a list of the major companies and suppliers on City projects which she had not received. City Manager Townsend stated that he had advised Mrs. Scott that she would be provided with such a list if there was an honest request for it, but that it will require several weeks to produce. He further stated that the major contractors and annual suppliers are available any time from minutes of Council meetings. Commissioner Bradley stated that in view of the discussions heard today in opposition to the City Manager's recommendation, he would make a motion that the foregoing matter be tabled for one week. The motion died for lack of a second. • Minutes Regular Council Meeting November 12, 1969 Page 7 Motion by de Ases, seconded by Lozano that Item "d" of the City Manager's Reports be amended to amend the language dealing with the appointment of committees and that the authority of the Chairman of the Human Relations Commission not be removed to appoint persons not members of the Commission. City Manager Townsend explained that it would appear the recommendation should be either accepted or rejected, and that it would be more proper to amend the objectionable portion of the ordinance before a vote is taken if that is the desire of the Council. Mayor Blackmon pointed out that the efforts expended the past few weeks are represented in the entire recommendation as presented, and that changes or amendments at this point could upset the entire program. With concurrence of Mayor Pro Tem Lozano, the seconded, Commissioner de Ases withdrew his motion to amend Item "d" of the City Manager's Reports. Motion by de Ases, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "d" be accepted, and that the requests and recommendations be granted and approved as presented. Mr. Ed Ponder, of Touche, Ross and Company, Certified Public Accountants, filed with the Council a report of their examinotion of the financial statements and schedules of the various funds of the City of Corpus Christi for the year ended July 31, 1969. ORDINANCE NO. 9546 DETERMINING THE NECESSITY FOR AND ORDERING THE CONSTRUCTION OF SIDEWALKS ON THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO -WIT: 1. Alameda Street, West side only, from Hancock to Agnes Street; 2. Brownlee Boulevard, West side only, Buford to Agnes, except Lot 18, Block 15, Chamberlin Addition; 3. Chico, East side only, Howard to Comanche; 4. Howard, North side only, Chico to 19th; 5. Clark, both sides, Norton to Normandy; 6. Norton, South side only, Naples to Ramsey; 7. Naples, Northwest side only, Shely to Norton; 8. McArdle Road, South side only, Rodd Field Road to Nile Drive; 9. Ruth Street, South side only, Twenty -Second to Twenty -Fifth; 10. Santa Fe, West side only, Craig to Morgan; 11. Weil Place, East side only, Kenwood Drive to Texas -Mexican Railroad right of way; 12.. McArdle Road, North side only, Nesbitt to Johnston; 13. Shirley Drive, East side only, abutting West side of Lots 1 and 26, Block 4, Prescott Park; 14. Karen Drive, South side only, abutting North side of Lot 1, Block 5, Prescott Park; and 15. John Jones Park; • • Minutes Regular Council Meeting November 12, 1969 Page 8 REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFI- CATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE THEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9547 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF PUBLIC WORKS, SHOWING THE ESTIMATES OF THE TOTAL COSTS OF ALL THE IMPROVE- MENTS, THE ESTIMATES OF THE COST PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, FOR THE CONSTRUCTION OF SIDEWALKS ON THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO -WIT: 1. Alameda Street, West side only, from Hancock to Agnes Street; 2. Brownlee Boulevard, West side only, Buford to Agnes; 3. Chico, East side only, Howard to Comanche; 4. Howard, North side only, Chico to 19th; 5. Clark, Norton to Normandy, both sides; 6. Norton, South side only, Naples to Ramsey; 7. Naples, Northwest side only, Shely to Norton; 8. McArdle Road, South side only, Rodd Field Road to Nile Drive; 9. Ruth, Southside only, Twenty -Second to Twenty -Fifth; 10. Santa Fe, West side only, Craig to Morgan; 11. Weil Place, East side only, Kenwood Drive to Texas -Mexican Railroad right of way; 12. McArdle Road, North side only, Nesbitt to Johnston; 13. Shirley Drive, East side only, abutting West side of Lots 1 and 26, Block 4, Prescott Park; 14. Karen Drive, South side only, abutting North side of Lot 1, Block 5, Prescott Park; and 15. John Jones Park; DETERMING THE FIXING THE PORTION OF SAID COST AND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINST AND PAID BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, FOR THE PORTION OF SAID COST APPORTIONED TO THEM; ORDERING AND SETTING A HEARING AT 3:00 O'CLOCK P.M., ON THE 10TH DAY OF DECEMBER, 1969, IN THE COUNCIL CHAMBER OF THE CITY HALL OF CORPUS CHRISTI, TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN ANY OF THE PROCEEDINGS CONCERNING SAID ASSESSMENTS AND IMPROVEMENTS; DIRECTING THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY LAW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts, and Sizemore, present and voting "Aye". Minutes Regular Council Meeting November 12, 1969 Page 9 • ORDINANCE NO. 9548 CLOSING TO VEHICULAR TRAFFIC THE EAST 10 FEET OF LOT 15, BLOCK 23, DEL MAR ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; RESERVING THEREIN THE SAID SPACE AS A UTILITY EASEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9549 CLOSING THAT PORTION OF LAKE STREET BETWEEN NORTH ALAMEDA STREET AND SAM RANKIN STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; RESERVIfsIG HOWEVER, UTILITY EASEMENT TO THE CITY FOR ALL UTILITIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9550 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF WHATABURGER NO. 2, INC., BY GRANTING A SPECIAL COUNCIL PERMIT FOR OPERATION OF A WHATABURGER DRIVE-IN RESTAURANT ON THE SOUTHEASTERLY PORTION OF LOT "A", KOSTORYZ AND GOLLIHAR HOPPING CENTER, HAVING A FRONTAGE OF 120 FEET ON THE NORTH SIDE OF THE 3200 BLOCK OF GOLLIHAR ROAD, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL AS MORE FULLY DESCRIBED ON THE APPROVED SITE PLAN, ATTACHED HERETO AND MADE A PART HEREOF; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". Motion by de Ases, seconded by Lozano, that Section 7 of the proposed ordinance amending Ordinance 9410, be amended by deleting the portion which restricts the authority of the Chairman of the Human Relations Commission to appoint committees consisting only of Commission members. Minutes Regular Council Meeting November 12, 1969 Page 10 Following a discussion among members of the Council, it was agreed that the motion was not in the spirit of the compromise which had been discussed in workshop meeting, after which Mayor Pro Tem Lozano withdrew his second to Commissioner de Ases' motion, and the motion was declared dead for lack of a second. ORDINANCE NO. 9551 AMENDING ORDINANCE NO, 9410, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 2, 1969, BY ADDING TO SECTION 5, CONCERNING DUTIES, A NEW PARAGRAPH TO BE DESIGNATED AS (G), GIVING TO THE HUMAN RELATIONS COMMISSION THE AUTHORITY TO RECEIVE, HEAR AND INVESTIGATE EQUAL OPPORTUNITY COMPLAINTS; REPEALING SECTION 7 OF ORDINANCE NO. 9410, AND IN LIEU THEREOF, ADOPTING A NEW SECTION 7, GRANTING AUTHORITY TO THE CHAIRMAN OF THE HUMAN RELATIONS COMMISSION TO APPOINT COMMITTEES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". City Manager Townsend presented some problems which exist relative to negotiations with the contractor for the Oso Bridge project, and discussed cost of leaving a part of the bridge for use as a fishing pier. It was agreed that negotiations should be continued. There being no further business to come before the Council, the meeting was adjourned.