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HomeMy WebLinkAboutMinutes City Council - 07/18/1973CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING July 18, 1973 3:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Ricardo Gonzalez Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark Hall. Church. City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order in the Council Chamber of the City The Invocation was given by Reverend Milton Bohmfalk, pastor of South Methodist City Secretary T. Ray Kring called the roll of those in attendance. Motion by Acuff, seconded by Tom Gonzales and passed, that the absence of Commissioner Branch be excused for just cause. Motion by Acuff, seconded by Lozano and passed, that the Minutes of the Regular Council Meetings of June 27 and July 3, 1973, be approved as submitted to the Council, Mayor Luby proclaimed July 21, 1973 as CORPUS CHRISTI MUSEUM DAY in recognization of our local Museum, through general excellence of performer -Noe and profes- sionalism of the Staff, has achieved the goal of being fully accredited professionals in their field. Mayor Luby announced the public hearing on the request of Mr. Forrest Allen to close the 200 Block of Woodrow Street on Corpus Christi Beach. City Manager Townsend presented the request stating the request was made on behalf of Beach Condo, Ltd, and consists of an area approxima,eiy 60 feet wide and 180 feet long, extending from the waterfront, or North Shoreline, to Guif B-eeze Street located at the extreme north end of Corpus Christi Beach. He explained that the request had been reviewed by the various affected City Departments and is the general consensus that since the street is the perimeter line of a proposed City Park site which has been designated by planning studies and appraisals involving the Corpus Christi Beach Restoration Project, it would be undesirable at this time to close the street -until the status of the proposed Beach Park is • Minutes Regular Council Meeting July 18, 1973 Page 2 clarified and the conflict in intentions of the use of the area is resolved. Mr. Townsend stated that at the time of the 1972 Bond Election, the park was discussed as being between Woodrow Street and the Reef. He stated that there are no utility problems or problems of a mechanical nature involved. He stated the main concern is that the 200 Block of Woodrow Street is at the edge of the proposed Corpus Christi Beach Park, and, therefore, it is the Staff's recommendation that the Street not be closed. Mr. Forrest Allen, President of Condo, Ltd., stated he was speaking on behalf of residents of Corpus Christi and potential investors of the City. He stated his organization is made of local people and the proposed development is estimated to be a $4.1 million dollar project to be located at the north end of Corpus Christi Beach; that there is proposed to be a 16 -story building of 105 condominium units, and in order to accomplish this as planned the 200 Block of Woodrow Street must be closed. He pointed out that the plat of this area was made in 1890 and there had been no need for a street to be constructed during this time and no apparent need for it now. He explained that a tremendous amount of effort and money had been expended on this project in the past six months, it is economically feasible and can be accomplished in the very near future and not interfere with the proposed park or restoration of the Beach. He conceded the park is needed, and is part of the City's commitment to receive funds from the Corp of Engineers. He pointed out that at the present time the City is realizing $450 a year in taxes on this land and if the street is closed and they are permitted to complete the project, the City will realize a return of approximately $100,000 a year in taxes which would reduce the cost of restoration of the Beach and also show that the Council is living up to its commitment; to attract investors. He presented the Council with an architect's drawing of the proposal showing adequate access. He stated they would cooperate with the City to see that the park is developed. City Manager Townsend questioned Mr. Allen if there was some other way for them to get the one-to-one ratio of square footage to meet the "AT" Apartment -Tourist District, would they still want the street closed. Mr. Allen stated he would be agreeable to an arrangement if they could have the required ratio of square footage to build the proposed building. Mr. Townsend pointed out that since part of the land is across the street it cannot be included in the ratio of square footage, but that it could be used for parking through Board of Adjustment action, He stated there is a possibility that the construction could be allowed and still keep Minutes Regular Council Meeting July 18, 1973 Page 3 the street open since the parking lot would be in an area designed to be set aside for parking in the Beach Restoration Plan. He pointed out that one primary goal is to provide parking for use of the Beach area. Mr. Allen was questioned if the public would be allowed to use the condominium parking lot, and Mr. Allen expl ined that they would have 105 families in their building and they would need places to park, �ut that their parking lot would be designed to be just as attractive as the plan of the City fot restoration of the Beach. He explained that there are other projects being planned and tha all these developments would contribute to the redevelopment of the Beach. He urged ac ion on the request at this time stating that every day's delay was an added expense and they ne d to know whether or not they must abandon the project. Mrs. B. J. Kohutek, 4422 Bluefield, requested that the foregoing request be tabled pending a study by the recently appointed Corpus Christi Beach Advisory Committee. Mr. Patrick Horkin, attorney, stated he Corpus Christi Beach, and also a number of of was speaking for himself as a property owner on er property owners in that area. He stated he could not accept at face value all the statements made by the applicant, and questioned the statement of the City Manager as to the area the applications the City had made with HUD cations had been signed in 1968 including eve deletions, and if there has been any action on from the area that was designated in the HUD Harlam-Bartholomew Master Plan, they should He stated that the public was lead to believe the $475,000 voted for Corpus Christi Beach P right-of-way is a part, and the closing of Woc preclude the public from access to the water ii esignated for a park. He stated he had examined under the Open Space Program, and that appli- rything from Gulden Street north with no the part of the City to delete any part of that applications or from the plat approved by the be entitled to know who and how it was deleted. n the Bond Election of December, 1972, that ark would be spent in the area of which this Brow Street adjacent to Corpus Christi Bay would an area where the City already owns extensive property. He stated he was not opposed to deielopments of this type but feels it would be highly detrimental to this area and in conflict with the park which has been planned over a period of ten years. Mr. Horkin stated he has deedsunder which these owners are now claiming title to the land and the earliest tract was acquired in 1964 at the time when it was already designated as a park area. He stated the dos ng of this street would not be in keeping with • • Minutes Regular Council Meeting July 18, 1973 Page 4 good faith of the Council to the public and respectfully requested that the application be denied, and if not, that it be tabled indefinitely until the City knows whether or not it will have to acquire land for the park and be in the position of having to buy back the area closed which would not be in the public interest. He pointed out that the Council hos a very brood discretion in the matter of street closings, but that it must be in the public interest and not for the benefit of private interests. Mr. Horkin filed his written statement of objections with the City Secretary. City Manager Townsend discussed the plan submitted to HUD which was turned down in 1966, stating he felt it was no longer a firm plan of the City, but that the original plan had never been tied down to number of blocks. Mr. Horkin stated that it appeared more accurate to him that when the matter of the area and amount of money involved during process of discussions, the part of the application was withdrawn by the City and not rejected by HUD. Mr. Townsend stated he did not mean to imply that HUD had said that was a bad location for a park - that they had said the City must make its own priorities, and this project fell by the wayside because it did not have priority and could not be presented in such a way to qualify, Mr. Elbert Cox spoke in favor of the application stating he feels it is a desirable development and would be an asset to the City and Corpus Christi Beach. Mr. W. L. Bates spoke in favor of the request, stating he is familiar with the time and money necessary for a development of this kind and was highly in favor of the proposal. Mrs. Dwain Harris, President of Corpus Christi League of Women Voters, spoke in opposition to the request to close the 200 Block of Woodrow Street or any of the streets in this area until the park on which the Bond Funds were approved is constructed. Mr. Wayne Johnson, property owner on Corpus Christi Beach, stated he represented a group of Corpus Christi Beach Businessmen and feels this is an attempt on the part of certain parties, some of whom are politically involved, to thwart the will of the voters of Corpus Christi. He stated that no City plans or plans of Harlan -Bartholomew had ever shown fill land as part of the proposed park, and did not feel that, legally, fill land could be used for the park because no money would be available. He stated he was well informed as to costs of land on Corpus Christi Beach and would work with the City Council and Staff to prove that the total cost is modest, and the City should move forward to acquire this property for ••• Minutes Regular Council Meeting July 18, 1973 Page 5 the public. Mr. Allen questioned Mr. Johnson's inference that this property was purchased before the bond election, and stated the project had been worked on for almost a year and had nothing to do with any election. Mr. David Saenz, 1430 17th Street, requested that the request to close the 200 Block of Woodrow Street be tabled until the recently appointed Corpus Christi Beach Advisory Committee, of which he is a member, could have more information and time to study the proposed develop- ment. Mr. Jack Pope spoke in favor of the request, stating that this is a firm proposal to develop a piece of land that has been dormant for almost 30 years and should be allowed. Mr. Morgan Spears, Associate of the Condo, Ltd., spoke in favor of the request, stating they would be agreeable to trading the City the land they have for other land on Corpus Christi Beach, and they want to do the best thing they can, not only for themselves but for the City. He stated they would be willing to accept a tract of land on the northwest side of Gulfbreeze. Mrs. Robert E. Clark, spoke in opposition to the request, pointing out that the Council had under consideration an ordinance which would provide for the substitution of money instead of land for park dedication. Mr, Alien Stated he felt this proposed development would contribute tremendously to the development of Corpus Christi Beach and would encourage other investors to come to the area. He also pointed out that this helped to pass the bond issue which was approved in 1972, Motion by Lozano, seconded by Acuff and passed, that the hearing be closed. Motion by Ricardo Gonzalez,seconded by Lozano'and passed, that the foregoing request to close the 200 Block of Woodrow Street be tabled for further consideration, and that the City Manager submit a defined area for the proposed park and that all alternatives be explored for providing the park. Mayor Luby announced the public hearing on a request to close the street right-of-way areas abutting and in Lot 25, Section 54 of Flour Bluff & Encino! Farm & Garden Tracts, and along the southwest boundary of Lot 21-D Glenoak Subdivision. City Manager Townsend explained that this is an old area and when Ordinance No. 7843 • • Minutes Regular Council Meeting July 18, 1973 Page 6 closed Glenoak it dosed what was known as a 40' right-of-way by plat, but that a 10' strip which was dedicated to the County after the original plat of Flour Bluff & Encinal Farm & Garden Tracts was filed was never closed by this ordinance which was an oversight and should have been corrected at that time. He stated that in addition to the 10' strip the tract appal, ently has additional dedications to the County which at present would serve no purpose either to the tract or to the City. He stated it was the intention of the previous Council to close the unopened streets but their action was not sufficient to do so. He stated this is a joint request of the City and the applicant because of this error in the description in the original closing and the Staff recommends the closing. Mrs. Charles R. Rapp, 2637 Meadowood, spoke in opposition to the closing and inquired if this had any relation to the zoning case pending for "A-1" Apartment District zoning on the north side of Glenoak west of Debra Lane, stating this could be a move to have apartment zoning in this area. Mr. Tom Swantner, owner of property and real estate agent, stated the zoning case pending before the Council and referred to by Mrs. Rapp for "A-1" District, has no bearing on this request to close the subject rights-of-way. Motion by Lozano, seconded by Acuff and lassed, that the hearing be closed. Motion by Lozano, seconded by Tom Gonzales and passed, with Mayor Luby voting "Nay", that the street right-of-way areas abutting and in Lot 25, Section 54 of the Flour Bluff & Encinal Farm & Garden Tracts, and along the southwest boundary of Lot 21-p Glenoak Subdivision, be closed as requested and that an ordinance be brought forward effectuating the closing. Mayor Luby announced the public hearing on the request to close Tweet Street from Kostoryz Street to Cosner Street. City Manager Townsend explained that the request hadcome from Mr. and Mrs. Walter Groce and owner of the Gulfwoy Bowling Alley, signed by Mr. Leon Newman. He described the location of the area proposed to be closed which runs parallel with a line of deep lots facing on South Padre Island Drive. He stated that the request had been circu- lated through the affected City Departments and that the Planning Staff does not recommend the abandonment of Tweet Street because of possible need for secondary access to the rear of these lots in the future when they are developed, since the businesses along South Padre • • Minutes Regular Council Meeting July 18, 1973 Page 7 Island Drive front on a one-way access road, and because of opposition from the Baptist Church located immediately west of Carroll Lane. He stated the other Departments generally concur that the street be closed providing easements are retained for utility lines or relocated. Mrs. Walter Groce, speaking for the applicants, presented the request and stated that their main reason for requesting the closing is that the alley is unpaved, unused and they have a problem of vandalism. She explained that Tweet Street is a grass and brush street closed off at Cosner by a residence. She stated that the request is for the closing of the section of Tweet Street running back of Groce's Nursery with this 50 -foot portion reverting to Mr. and Mrs. Groce, and the 50 -foot wide portion between the Gulf Bowling Alley property and the Groce property to Kostoryz be closed and revert equally to the Gulf Bowling Alley property and the Groce property. Mr. Joe Wendt, stated he was in agreement with Mrs. Groce relative to the unkempt condition of the area and the vandalism, but was concerned relative to restrictions on buildings in the remaining 25 foot area. Mr. J. B. Cline, stated he shared Mr. Wendt's concern that buildings could be constructed next to the property which would be objectionable. City Manager Townsend questioned the applicants to ascertain if their problems would be solved if they were given a special permit to fence and maintain the area to preclude access, and Mrs. Groce stated this would solve the problem if it would give them permanent control. Motion by Lozano, seconded by Acuff and passed, that the hearing be closed. by Acuff, seconded by Ricardo Gonzalez and Motion/passed that the request to close all of Tweet Street extending from Kostoryz to Cosner Lane, be denied, but in lieu thereof blanket permits be granted the abutting property owners to fence, maintain and grade, along the right-of-way to preclude access, and that an ordinance be brought forward effectuating the permit. Mayor Luby called for the City Manager's Reports, and City Manager Townsend pre- sented requests and recommendations with related comments and explanations, as follows: a. That a public hearing be held on August 15, 1973 on the following zoning appl ications: (1) Una Wilson - "R -1B" to "B-4", located on the southwest corner of Baldwin Boulevard & David Street at Crosstown Freeway. • • Minutes Regular Council Meeting July 18, 1973 Page 8 (2) W. E. Jameson - "R -1B" to "B-1" and "A-1", located on the south side of Yorktown Boulevard between Laguna Shores Road and Marlin Drive. (3) Parkdale State Bank - "B-1" to "B-5", located on the southwest corner of South Staples Street and Everhart Road. (4) Oscar Garza, Jr. - "R -1B" to "A-1", located on the north side of Glenoak Drive west of Debra Lane. (5) Crown Service Corporation - "R -1B" to "8-1", located to the northwest of Benys Road and south of I.H. 37. b. That all bids received on Bag Portland Cement, Type III High Early Strength be rejected on the basis the material, as specified, is not available. Council authority is therefore requested to re -bid this contract according to specifications for Type I Cement. (Bid Tab #31-73) c. That the only bid received for our annual supply of corrugated pipe be rejected as being too expensive and Council authority be granted to re -bid this item. (Bid Tab #33-72) d. That a contract be awarded to Uarco, Inc., Corpus Christi, for Real Property Tax Record Forms for $4,629.35 on the basis of the only bid received. (Bid Tab #33-73) e. That a contract be awarded to F & M Supply Co., Corpus Christi, Texas, for a Power Paper Cutter for the Print Shop for $3,355.00 on the basis of low bid. Bids were received from three firms. (Bid Tab #34-73) f. That contracts be awarded to the following firms to furnish the City's 1973-74 requirements for Air Conditioning Refrigerants, Air Filter Service, Anodes, Bermuda Grass Seed, Brass & Iron Service Fittings, Bricks, Bulk Portland Cement, Cast iron, Ductile Iron and/or Asbestos Cement Pipe, Tapping Sleeyes & Valves, Caulking Tools & Drill Bits, Commercial Fertilizer and Custodial Service, on the basis of !ow bid: AiRTROL SUPPLY, INC., Corpus Christi (Air Cond. Refrigerants KLEEN AIR FILTER SALES & SERVICE, Corpus Christi (Air Filter Service) HARCO CORPORATION, Houston, Texas (Anodes) CURRIE SEED CO., Corpus Christi (Bermuda Grass Seed) THE ROHAN CO., Waco, Texas (Brass & Iron Serv. Fittings - Lt I) TRANS-TEX SUPPLY CO., San Antonio, Texas (Brass & Iron Serv. Fittings - Lot II) ALLIED SPECIALTY CO., Corpus Christi (Bricks - Lot I) TEXAS INDUSTRIES, INC., Corpus Christi (Bricks - Lot II) CENTEX CEMENT CORP., Corpus Christi (Bulk Portland Cement) WESTERN PIPE & SUPPLY CO., Conroe, Texas (C.I., D.I. &/or Asbestos Cement Pipe - Lots I, 11, IV) McALLEN PIPE & SUPPLY CO., Corpus Christi (C.I., D.I. &/or Asbestos Cement Pipe - Lots II & V) CLOW CORPORATION, Oskaloosa, Iowa (Tapping Sleeves & Valves Lots III & V) WESTERN PIPE & SUPPLY CO., Conroe, Texas (Tapping Sleeves & Valves - Lot III) McALLEN PIPE & SUPPLY CO. (Caulking Tools & Drill Bits - Lots I, II & III) $ 2,054.75 2,440.80 4,590.83 3,861.00 28,190.04 6,544.49 3,841.60 2,833.18 4,105.36 195,412.40 125,890.59 11,437.17 4,104.00 1,320.16 • Minutes Regular Council Meeting July 18, 1973 Page 9 9. B. L. HENDERSON & SONS, INC., Houston, Texas (Commercial Fertilizer) PROFESSIONAL JANITORS, INC., Corpus Christi (Custodial Service) Total Awards 7,535.00 5,540.40 $409,701.77 Bids were received from forty-eight firms. (Bid Tab #35-73) Thot Trinity Testing Corporation be engaged to provide testing services in connec- tion with Prescott Street improvements from Gollihar to Crosstown Expressway ($4,200) and soil tests to determine proper street section and construction procedures for the Austin School Area Street Improvements, Unit H. A Total of 23 borings will be required, three of which will be for detailed soil classification and determination of compression tests needed to prepare final street design. An appropriation of $1,872 for Austin School area project is requested. h. That Marina rates be increased as of September 1, 1973 as follows: (1) Slip rental from 2.5 per square foot of space per month to 3G excluding charter boats and the north side of the L -Head. (2) Minimum slip rate from $10 to $12. (3) Transient pleasure craft from no charge to $2.50 per day. (4) Transient commercial craft from no charge to $10.00 per day. (5) Transient pleasure craft - power charge of $.50 per night. These increases leave Corpus Christi's rates below the Texas Gulf Coast average as determined by the consultant study in 1969 and are recommended by the Marina Advisory Board. It is further recommended that this revenue be used first for Marina improvements such as more slips. i. That a Resolution be adopted recognizing and approving the Corpus Christi Airport Development Corporation and the Corpus Christi Airport Development Corporation First Mortgage Revenue Bonds, Series 1973, and receipt of title to properties for which said bonds are issued. Bond Counsel, Hobby McCall, advises that the International Revenue Service requires the City to take action approving the issuance of the bonds. j. That the plans and specifications for the Oso Bay Boat Ramp and Fishing Pier be approved and authority to receive bids on August 8, 1973 be granted. Bids were received previously but were rejected. The plans have been revised to include minimal piling removal, the reduction of the holding piers for the boat ramp, the elimination of rip -rap and the elimination of dredging for the channel. Motion by Acuff, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "j" be accepted, and that the requests and recommendations be granted and approved as presented. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the Council continue its policy of a moratorium for the granting of permits and zoning requests for the purpose of constructing signs for a period of 60 days hence, during which time the Staff and Planning Commission be requested to bring forth a recommendation in this regard. Mayor Luby announced the recessed public hearing an the request of Central Power & Light Company for re -hearing on adjustment of rates. City Manager Townsend stated that the hearing was recessed from July 11, at which time • Minutes Regular Council Meeting July 18, 1973 Page 10 he presented thoughts along the line that there might be some areas whereby rates proposed by the City might be modified and find a basis for working out an acceptable solution, stating that changes in conditions had occurred and we are already six months into the calendar year of 1973. He stated he had prepared a memorandum at some length setting out various ways to proceed. He presented the Council with copies of this memorandum. City Attorney Riggs made comments relative to procedures stating the Charter does not require any specific time of notice of a re -hearing; that the Council is in a position to grant a re -hearing if it so desires. He stated that if the Council is to base its decision on any part of the recommendation of the City Manager involving Exhibits, it would be appropriate to re -open the hearing and introduce those Exhibits in evidence. He stated the re -hearing could be granted on admission of changing conditions, and in that case, the Council might deem it appropriate to admit into evidence the Exhibits. He stated at this point, it would be his opinion that the Council would be justified in limiting the hearing and excluding witnesses not residing in the City and to waive cross-examination. Motion by Stark, seconded by Lozano and passed, that the re -hearing be opened to receive the City Manager's recommendation. City Attorney Riggs introduced the City Manager's Inter -Office communication, dated July 18, 1973, into the record marked Exhibit 01, which communication Mr. Townsend identified and certified. Mr. Riggs also stated that a Transcript of this re -hearing made by a Certified Court Reporter and will be on file in the office of the City Attorney. Mr. H. K. Howard, attorney for Central Power & Light Company requested that the attachments to Mr. Townsend's memorandum, including recent correspondence and Company balance sheets, also be admitted as part of the record marked Exhibit #1. City Manager Townsend read his memorandum addressed to the Mayor and Members of the City Council. The Report listed changing conditions since the 2 percent increase was granted March 21, 1973 and put into effect April 1, 1973. He stated the question appropriately before the Council, as it seeks to reach a fair conclusion to the re -hearing request is "Were errors in interpretation made which should now be corrected or has the fact situation changed sufficiently to justify a revision in the approved rates?" He stated in the opinion of the Staff, • • Minutes Regular Council Meeting July 18, 1973 Page 11 the analysis by Dr. Langum before March 21, still stands as an able thorough and defendable report easily defensible in court, clearly correct both as to approach and as to conclusions. He stated the second part of the question deserves careful consideration since six months have passed. Mr. Townsend's report set out in summary changing conditions based on the Company's preliminary financial statements for its operations during the first six months of 1973. He stated in recognizing these changing conditions, a review of the requested rates and the factors peculiar to Corpus Christi was carried out, resulting in pertinent observations. The report concluded that the reduction in revenue growth and increase in expenses now justifies an increase substantially more than 2 percent but Tess than the 7.42 percent requested, and recog- nizing that the proposed rates placed an unjustified burden on residential and small business users and that Corpus Christi was paying for fuel for its own accounts. The report listed changes, noting the results of these changes would be a 4.9 percent increase over 1972 rate levels before adding the effect of the City paying for its fuel or 5.4 percent including the City's fuel payments. Considering the 2 percent already in effect, this change would be an additional 2.9 or 3.4%, a level consistent with the impact of the reduced revenues and increased expenditures of the first six months, of 1973. In summary, Mr. Townsend's recommendation is that: a. The requested rates for residential and small commercial customers be reduced by reducing the first step to $1 .00 and $1 .25 respectively and leaving the second steps as they existed in 1972 to increase the effected KWH's from 38 to 40. b. The other proposed rates be approved and all changes be effective immediately following the price freeze of August 1, 1973, whichever date last occurs. c. The City continue to pay new fuel costs on its own bills, lowering the base from 22.38c to 20t, and terminating the 2% increase the City has been paying since April 1, 1973. d. The Company pay $9,625 being one-half of Dr. Langum's fee of $17,500 for the initial hearing and review and $1.750 for the re -hearing and review. e. The ordinance adopting the April 1, 1973 rates be amended to incorporate the above rate changes and to provide that the fuel escalation clause begin at 20c per KWH and continue upward subject to City Council concurrence by motion of after a presentation by the Company when the average cost to the Company reaches 45C, 50C and every 5c increase thereafter. Mr. David Perry, attorney for the Corpus Christi Consumers Association, requested that Central Power & Light's tax records be admitted into the records as an Exhibit. He • Minutes Regular Council Meeting July 18, 1973 Page 12 objected to receiving evidence or factual information contained in the document submitted by the City Attorney marked Exhibit 01, for the reason that the City Council had advised that any new evidence would not be received at the time of the re -hearing, and that only infor- mation previously made would be considered appropriate. He stated the information contained in the City Manager's Memorandum dated July 18, 1973, marked Exhibit 01, has not been analyzed by the Consultant, is new information, and no one has had an opportunity to analyze it, and that he objects on that ground. City Manager Townsend stated he did not have all the six month's data he had asked for last week, but stated the information he received did help substantially in his attempt to find a possible area of working out an agreeable solution and in making his recommendation. Mr. Perry stated the Council concluded two weeks ago they would not accept new evidence and that they would limit the record to evidence already obtained. He alleged that Mr. Townsend's recommendation was contradictory and not correct in at least two respects, and should not be allowed to be entered into evidence, but if the Council makes its decision on the presentation made by the City Manager, which he alleged is new evidence, it should be sent to Dr. Langum for his analysis and opinion. He stated if the Council decides to make its decision based on the first six months of 1973 he would not disagree with that so long as that information is submitted to the rate consultant for his analysis. Mr. Townsend stated he would have no reluctance to have the material submitted to Dr. Langum. Mr. Howard stated he would submit the Company's balance sheet to Dr. Langum and would admit them into the record under oath. Mr. S. B. Denton, Vice President of Central Power & Light Company, pointed out that actual revenue figures had been received Tuesday of this week, but that he had not had an opportunity to analyze them which is the reason they were not submitted today. Mayor Pro Tem Acuff stated he would like to see the actual revenue figures for the entire first six months of 1973 before he could cast an intelligent vote, since the figures submitted by the Company had actual figures for the first three months of the year and estimates for the second quarter. Mr. David Saenz, 1430 17th Street, stated he felt the Council should base its decision on changes that have taken place in the last six months. He commended the services of Central Power & Light Company. • Minutes Regular Council Meeting July 18, 1973 Page 13 Mr. Charles Bonniwell, former Mayor Pro Tem stated it was his feeling that the 2 percent increase granted in March of this year, based on Dr. Langum's recommendation, should be adhered to, that to act otherwise would be saying that the City Manager is the expert and his recommendation that the Company be granted a 4.5 percent increase is correct, and the Council had wasted its time and money for the past nine months. He stated it appeared the City Manager was taking two positions. He pointed out that Central Power & Light Company officials had acknowledged the capabilities of Dr. Langum as an expert in this field, also pointed out that the Company had had no difficulty in selling their last bond issue. Mayor Luby stated the City Manager's recommendation sounded reasonable to him and felt Mr. Townsend had been closer to the problems than anyone. He stated he hoped the question could be settled at this time, and that further discussions would only confuse the Council. Commissioner Stark stated he had no disagreement with Dr. Langum at the time of the initial submission of data, but had some reason to doubt the projected rate of return. He stated he recognizes Dr. Langum's expertise in his field but would like to see some additional figures of projected costs and that he be allowed to examine these to determine if he still concurs with this projected increase in cost of living. He stated he feels the gas situation in South Texas has completely changed the picture and consideration should be given to updating the figures. Mr. Perry stated everyone seemed to agree that the two percent decision was correct, but reminded the Council that they are not holding a new rate hearing to determine whether or not that decision is correct, but that if conditions have changed the Company is entitled to make a new application. He pointed out that every time the Council meets new figures are submitted and the figures based on the last six months should tell if conditions have changed. He stated the question before the Council is whether or not there was an error made in the original determination, and it appears everybody agrees there was no error, and on that basis the request for re -hearing should be rejected. Commissioner Ricardo Gonzalez pointed out that there are three new members on this Council who had not had the privilege of hearing the original presentations. He stated he felt figures should be furnished on the City of Corpus Christi only and not on a system -wide • Minutes Regular Council Meeting July 18, 1973 Page 14 basis. Mr. Howard stated that based upon information received the Council is now in a position to go ahead and amend the ordinance adopted in March of this year; that they have no quarrel as to the legality of this; and the Council should take its advice from their City Attorney and not from Mr. Perry. He stated the Company has been operating under strained financial conditions the last six months, and hasattempted to work out a settlement, but cannot continue to finance and get necessary revenues with the recommended two percent increase. He stated if the recommendation of the. City Manager is followed, based upon information he has from the Company, he felt this recommendation would be acceptable, would terminate the problem and avoid further expensive and time consuming procedures. He urged that the ordinance be amended which would represent a position acceptable to both the City and the Company. Mr. Joe Tanner, 4830 Karchmer, stated the matter had evolved into a moral issue; that further delay was unfair to Central Power & Light Company; that other rates, salaries and cost of living had risen but light bills have remained the same for a number of years; that all information available had been submitted and the Council should make a decision now. He stated further delay could be justification for a greater increase. Mr. Lynn Tate, 372 Country Club Estates, stated consideration should be given to the citizens of Corpus Christi which the Mayor and Council are supposed to represent. He stated it is apparent to him that the City Manager has aligned himself with Central Power & Light Company during the first hearing and the same is true today, in that he is asking the Council to make a decision on information not having been examined by both parties. He alleged that he has been pressured by the Company with reference to a law suit. When challenged by the Mayor and members of the Council that he had made an unfair statement regarding the City Manager, Mr. Tate responded that "he has a right to make such accusa- tions," commenting that Mr. Townsend always came to their rescue when they had a question they could not answer. Mrs. Rudy Gonzales, 1809 York, stated the request was unjust and any rate increase for Central Power & Light Company would be placing an undue hardship on the poor people of this City. • Minutes Regular Council Meeting July 18, 1973 Page 15 Mr. Bill Darby, 626 John Lee, claimed that from what he had observed during this hearing today and former hearings, he had concluded that Mr. Townsend had "set up the issue for a fast shuffle," in that he had presented figures from the Company which had not been examined by the rate consultant. He stated the figures should be submitted to Dr. Langum for his examination and recommendation and should be the responsibility of the Council to see that the Company receives the lowest rate of return possible to attract necessary capital. Former Mayor Pro Tem Bonniwell defended Mr. Townsend against charges made by Mr. Tate and Mr. Darby, stating he had disagreed with him both publicly and privately when he served on the Council as Mayor Pro Tem, but had never had reason to question his integruty. Mr. Townsend stated that it is not his role to try to force the issue on anyone, but that he has the unique position of having both sides claiming he is supporting the other side. He stated the Council should look at the facts to determine their role; that every month that goes by the figures have to be modified, and Dr. Langum can be requested to do another study in six months. He stated he had pursued the approach with the thought "is there a recommendation he could make that would be acceptable and fair" and the decision of the Council should be based on what is a reasonable rate of return looking into the future. The Council agreed that actual and final figures of the first six months of 1973 should be submitted by the Company and not estimates. City Manager Townsend suggested that if that is the consensus, the hearing should be recessed, and the final figures sent to Dr. Langum for a new forecast based on the first six months of 1973. Motion by Acuff, seconded by Ricardo Gonzalez and passed, with Mayor Luby abstain- ing, that the hearing be recessed until next week at which time actual figures will be pre- sented from Central Power & Light Company as: to, revenue due to the rate increase in effect over the period of April, May and June. City Manager Townsend presented the pending zoning case of Frank G. Evans for change of zoning from "R -IB" to "T-1" on a five acre tract out of Lot 7, W. 0. Womack Farm Lots, on which a public hearing was held July 5, 1973. He explained that the Planning Commission had recommended denial but in lieu a special permit be granted for placement of a single mobile home for the purpose of o sales office for a period not to exceed two years Minutes 11111 • Regular Council Meeting July 18, 1973 Page 16 and that the fence requirment be waived. He stated there was some concern at the Council hearing as to a precedent being set, and the Council asked that it be tabled until Mr. Evans could be contacted relative to his plans at this particular location. Mr. Evans, applicant, appeared and explained that he plans to divide the land into 20 to 40 acre tracts, and the property will be platted after the road is constructed. Mayor Pro Tem Acuff questioned the plan for access, stating it was his opinion that State law prohibits these large tracts being platted without proper access. Motion by Acuff, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and Application #473-8, Frank G. Evans, for change of zoning from "R -1B" One -family Dwelling District to "T-1" Travel Trailer Park, Mobile Home Park, Mobile Home Subdivision, on 5 + acres out of Lot 7, W. O. Womack Farm Lots, be denied, and in lieu thereof a special permit be granted for the placement of a single mobile home for the purpose of a sales office for a period not to exceed two years, that the fence requirement be waived, according to the site plan approved by the Commission May 22, 1973, and that an ordinance be brought forward effectuating the special permit. ORDINANCE NO. 11574 THIRD READING OF AN ORDINANCE GRANTING TO CORPUS CHRISTI TRANSPORTATION COMPANY A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC - THOROUGHFARES OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR MODIFYING SAID FORM BY PROVIDING FOR PAYMENT OF 2% OF GROSS RECEIPTS. The foregoing ordinance was read for the third time and passed finally by the follow- ing vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 11575 THIRD READING OF AN ORDINANCE GRANTING TO VICTOR MORENO D/B/A RED TOP CAB COMPANY A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR MODIFYING SAID FORM BY PROVIDING FOR PAYMENT OF 2% OF GROSS RECEIPTS. The foregoing ordinance was read for the third time and passed finally by the follow- ing vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. Minutes Regular Council Meeting July 18, 1973 Page 17 ORDINANCE NO. 11576 THIRD READING OF AN ORDINANCE GRANTING TO LONNIE KING, DBA KING CAB CO., INC. A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR PAYMENT OF 2% GROSS RECEIPTS. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Toni Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 11577 THIRD READING OF AN ORDINANCE GRANTING TO JOE E. MANUEL, DBA STAR CAB COMPANY A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR MODIFY- ING SAID FORM BY PROVIDING FOR PAYMENT OF 2% OF GROSS RECEIPTS. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 11578 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 WILLIAM McBRIDE, JR., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOT 26, SECTION 49, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, AND A PORTION OF LOT 27, SECTION 49, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "R-2" TWO FAMILY DWELLING DISTRICT AND "A-1" APARTMENT HOUSE DISTRICT; 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: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 11579 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 ORDNANCE AND RESOLUTION RECORDS', AS AMENDED 'FROM TIME TO TIME AND PARTICULARLY' AS. AMENDED' 8Y'.OIEIDINAIJCE NO. 6106, 'AS AMENDED, UPON • • Minutes Regular Council Meeting July 18, 1973 Page 18 APPLICATION OF MAX F. DULLNIG, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOTS 7 ANDA8, SECTION 18, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "I-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT) KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 11580 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 LEVI TAYLOR BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOT 8, BLOCK A, JOSLIN TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" AND "B-4" DISTRICTS TO "T-1" TRAVEL TRAILER PARK, MOBILE HOME PARK & SUBDIVISION; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye'; Branch absent. ORDINANCE NO. 11581 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 AMEND- ED,UPON APPLICATION OF TIM CLOWER BY AMENDING THE ZONING MAP BY CHANG- ING THE ZONING ON 5. 1/2 OF LOT 5, BLK. 1, A BARTHLOME'S ACRE TRACTS SITU- ATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 11582 AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL OF TRINITY TESTING LABORATORIES, INC. TO FURNISH TESTING SERVICES IN CONNECTION WITH THE CONSTRUCTION OF PRESCOTT STREET IMPROVEMENTS AND PRESCOTT PARK DRAIN- AGE IMPROVEMENTS, PROJECT NO. 220-70-118, THE COST OF SAID SERVICES TO BE FROM FUNDS APPROPRIATED FOR CONTINGENCIES AND INCIDENTAL EXPENSES BY ORDINANCE NO. 11531; AND DECLARING AN EMERGENCY. b os Regular Council Meeting July 18, 1973 Page 19 The. Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 11583 AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL OF TRINITY TESTING LABORATORIES, INC. TO PERFORM PRELIMINARY SOIL INVESTIGATIONS NECESSARY FOR THE DESIGN OF STREET IMPROVEMENTS FOR THE AUSTIN SCHOOL AREA, UNIT 11; APPROPRIATING OUT OF NO. 220 STREET BOND FUND $1872 FOR SAID LABORATORY SERVICES, APPLICABLE TO PROJECT NO. 220-72-1.2; AND DECLARING AN.EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. RESOLUTION : NO. 11584 RESOLUTION APPROVING CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION AND -- CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION FIRST MORTGAGE REVENUE BONDS, SERIES 1973.; AN:ID,RECEIPT'OPIITT.E TO,P'ROPERTIES IN RESPECT -TO WHICH SAID BONDS ARE ISSUED. The Charter Rule was suspended and the foregoing resolution was passed by the follow- ing vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye'; Branch absent. RES'OtUTIONE NO. 11585 RESOLUTION FINDING THAT IT IS IN THE BEST INTEREST OF THE CITY TO AUTHORIZE THE CLOSING OF MEETINGS ALLOWED TO BE CLOSED BY ARTICLE 6252-17, VACS, "TEXAS OPEN MEETINGS LAW"; AMENDING RESOLUTION NO. 11366, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 21, 1973, SO AS TO MODIFY CITY COUNCIL ACTION TO AUTHORIZE THE CLOSING OF MEETINGS AUTHORIZED TO BE CLOSED UNDER THE AFOREMENTIONED ARTICLE 6252-17, V.A.C.S.; AND DECLAR- ING AN EMERGENCY. The Charter Rule was suspended and the foregoing reso}ution was passed by the follow- ing vote: Luby, Acuff, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Tom Gonzales voting "Nay'; Branch absent. ORDINANCE NO. 11586 AUTHORIZING THE CITY MANAGER TO CONVEY THE CITY'S INTEREST IN THE FOLLOWING LOIS: 1. Lot 2, Block 10, Hopper Addition No. 2; 2. Lot 1, Block 6, Tess N. 10' to Right of Way; and 3. East 50' of Lot 1, Block 2, Beach Portion, Minutes Regular Council Meeting July 18, 1973 Page 20 UPON THE PAYMENT OF CASH CONSIDERATION AS HEREINAFTER SET FORTH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 11587 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 MRS. D. W. GRANT, SR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOT 8, SECTION 7, BOHEMIAN COLONY LANDS, SITUATED IN THE C ITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM RURAL DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT AND "A-1" APARTMENT DIST.; 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 follow- ing vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. With reference to the Resolution regulating open meetings, the Council expressed concern that the closed meetings should be held with discretion and limited to those meetings permitted to be closed under state law, namely, security matters, pending law suits and personnel matters, and the option be used very sparingly. Commissioner Tom Gonzales stated he had favored the "no closed Meetings" action of the previous Council because of the tendency of the public not to trust public officials, and that he still felt the resolution previously enacted should be enforced. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr.. M. E. Garcia, President of Corpus Christi Fire Fighters Association, appeared as spokesman for a group of firemen in protest of the parity pay schedule proposed by City Manager Townsend stating ;twos a "misconception" and instead of eliminating the disparity it is being increased in the ranks of Fire Fighters and Fire Fighter II. He presented a pro- posed parity schedule which included Fire Fighter II positions in a separate category and lined up on an equal pay basis. He pointed out areas of disagreement with Mr. Townsend's • Minutes Regular Council Meeting July 18, 1973 Page 21 proposal stating they feel equal pay should start when a patrolman and a firefighter enter their probationary period, and continue to be equal through the final 42 months step; that a Fire Fighter II is a driver and should not be grouped with Fire Fighters since his responsibility is greater than a Fire Fighter. Mr. Garcia stated the homeowners and business- men of this City have received a discount on their fire insurance premiums because of the efficient Fire Department. He stated the Fire Fighters feel if disparity is eliminated between Patrolmen and Fire Fighters and the other suggested ranks are justifiable, true parity will have been reached. (Council Exhibit #6-73) Mr. Townsend explained that he had opposed complete parity for firemen and policemen on the grounds that their jobs, hours and responsibilities are different and not comparable. He stated one area of disagreement concerned the Fire Fighter II position which is ranked higher in pay than the general Fire Fighter category, which position is held by drivers of fire trucks, and he did not feel it correct that a man in charge of driving a truck and regulating the truck pumps should be placed above men who actually fight the fire. He agreed with Mr. Garcia that the Fire Department probably needed a trainee position similar to the one in the Police Department which would permit earlier comparison of jobs in lower ranks. Mr. Louis Peronis, representative of the International Association of Firemen and former City employee, defended the position of Mr. Garcia relative to Fire Fighter II, pointing out that the driver must know the City in detail and be able to regulate the water flow to best fight the fire. He stated firefighting is the most hazardous and most highly technical profession in the nation and the importance of saving life and property should be recognized. He pointed out that it is a misconception that a firemen's alert time is idle time and he is not on his own time during alert time. Mr. Peronis stated the firemen liked their present hours, but pointed out that if the pending Fair Labor Standard Act passes it will effect all including firemen which will require City to pay time and a half for all time over a 48 hour work week. Mr. Peronis stated Mr. Townsend's proposal and proposal of the fire fighters, is very close at this time and with a few minor changes, an agreement could be reached. • Minutes Regular Council Meeting July 18, 1973 Page 22 Following a lengthy discussion of the positions and classifications of the fire fighters personnel as compared to that of the Policemen, City Manager Townsend was requested to submit a recommendation during the budget discussions next week. Motion by Acuff, seconded by Ricardo Gonzales, and passed, that an attempt be made to reach parity within the firemen and policemen ranks within two years. There being no further business to come before the Council, the meeting was adjourned at 8:10 p.m., July 18, 1973.