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HomeMy WebLinkAboutMinutes City Council - 06/12/1974PRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 12, 1974 2:00 P. M. Mayor Jason Luby * Mayor Pro Tem James T. Acuff Commissioners: Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend Exec. Assistant City Attorney Michael May Assistant City Attorney Jim McKibben City Secretary T. Ray Kring Mayor Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend R. C. Dickey, Jr. of South Texas Presbytery. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Lozano, seconded by Stark and passed, that the Minutes of the Regular Council Meeting of May 29, 1974 be approved as presented to the Council. Motion by Lozano, seconded by Tom Gonzales and passed, that the absence of Commissioner Branch be excused for just cause. Mayor Luby recognized the presence of five Boy Scouts of St. Pius and St. Patricks Catholic Church. Bids were opened and read by Director of Engineering & Physical Development on Bayfront Open Space Park Improvements, from the following firms: Heldenfels Brothers, and Asphalt Paving & Construction Company. The project is the development phase of the contract between the City and the Department of Housing & Urban Development. It involves grading, top soil, seeding, access and parking spaces, bicycle paths,and some bulkhead protection. The project will be financed 50% by HUD. All right-of-way has been acquired with the exception of one parcel which is a private park. Areas involved are Oleander, Sinclair, Doddridge and Palmetto Streets, and opposite South Shores Estates Subdivision. Commissioner Ricardo Gonzalez expressed the opinion that on occasions where only one or two bids are received on a project such as the foregoing, the opening of bids be postponed. He questioned Mr. Lontos as to why the other four firms listed on the bid sheet did not submit a bid on this project. Mr. Lontos stated the only reason he could suggest was that it is possible the are firms/involved in other construction presently in progress and their equipment and workmen are limited. Mr. Gonzalez suggested that Mr. Lontos question the four firms as to their reason for inutes egular Council Meeting June 12, 1974 Page 2 • not bidding on this project and report to the Council. The foregoing bids were tabled pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Luby called for the City Manager's Reports and City Manager Townsend presented requests and recommendations with related comments and explanations, as follows: a. That a public hearing be held July 3, 1974, Special Meeting, at 4:00 p.m., on the following zoning applications: (1) Mr. Xavier Perez - "R -IB" to "8-1", located on the southwest corner of Southwood Street and Gollihar Road. (2) Mr. H. L. Edens et al - "R -IB" to "1-2", located on the north side of Saratoga Boulevard, east of Greenwood Drive. (3) Mr. Lloyd R. Rice - For an Exception to the Screening Fence Requirement, located on the north side of 3000 Block of 5. Padre Island Drive, west of Kostoryz Road. (4) Mr. James Todd - "R -IB" to "R-2", located on the south side of West Point Road, between Angela Drive and Columbia Street. b. That authority be granted to submit a grant application to the Criminal Justice Council for a Police Legal Advisor and that authority also be granted to execute all necessary documents if the grant is approved. The total cost of the program would be $33,713. The City's share would consist of $6,213 to be provided as in-kind personnel services. Money may be available to fund this grant because another city failed to use the grant it had for a Police Legal Advisor. The presence of a full-time Police Legal Advisor will aid in training of officers, case preparation, confrontation handling, and other daily Police duties. c. That the contract with Mrs. Margie Bennett for Coliseum Concessions be extended for three years. The extension will recognize the contractor's performance in terms of tenant sat isfaction and revenue to the City (an average of $57, 000 per year, which is 49% higher than that of the previous concessionaires' contract). The Park and Recreation Board has recommended approval of the three-year extension. d. That an additional $25,000 be approved to supplement $40,000 previously approved to cover invoices submitted on the Three Rivers landfill site investigation and anticipated costs for the June 21 hearing. Additional costs have been and will be incurred because of the second hearing held by the Texas Water Quality Board in Austin and the re -hearing to be held by the Board in Corpus Christi on June 21. Sufficient appropriations exist in the Water Fund Reserve to cover the additional money needed. •inutes gular Council • Meeting June 12, 1974 Page 3 e. That an application be submitted to the Equal Employment Opportunity Commission for $27,200 to establish a local office to handle discrimination charges within the City. The office would be part of the City's Human Relations Activity and would include two staff positions. The City's share will be met by the annual budget of the Human Relations Activity. The grant period requested is July 1, 1974 to June 30, 1975. If the grant is approved a local review and hearing process will be created to allow for local handling of complaints where possible. A City ordinance similar to the federal low will need to be passed to provide authority and establish procedures for the program. The Human Relations Commission recommends approval. f. (Recommendation re: Right of individual to obtainemployment without regard to race, color, religion, etc. - Withdrawn). g. That the statement of Understanding prepared by Nueces River Authority Executive Director John White and City Manager Marvin Townsend be endorsed as a general policy guide- line for further actions leading to the construction of Choke Canyon reservoir as a joint Bureau of Reclamation - local entity federally assisted reservoir project and that the commitment of Corpus Christi to accept, either alone or with other local entities such as the Nueces River Authority, all obligations of the local sponsor, including recreation, fish and wildlife res- ponsibilities be reaffirmed by letter to the Bureau's Regional Director James Bradley. Mr. Emil Bolden requested that the wording in the recommendation that an application be submitted to the Equal Employment Opportunity Commission for $27,200 to establish a local office to handle discrimination charges within the City, be changed to delete the word "any" with reference to complaints going to the Federal Equal Opportunity Commission. He stated there was a possibility of a misinterpretation of the meaning, and a possibility of a conflict of interests. Mr. Townsend stated the language of the recommendation would be changed to allow for local handling of complaints where possible, and that an ordinance would be presented next week. Dr. George Trevino spoke in opposition to the establishment of a local office to handle discrimination charges within the City. He stated he did not feel another bureaucracy is necessary. Mr. Townsend explained that the City's involvement would be a screening process inutes egular Council Meeting June 12, 1974 Page 4 • for the San Antonio Office of Equal Employment Opportunity Commission, is a cooperative action with the San Antonio Office, would in no way subsidize the authority of the San Antonio Office, and is the only way to effectively handle complaints on a local level. Mr. Paul Vogler, Jr., stated he had served on the first sub -committee of the Human Relations Commission which was responsible for the bringing about of this application, that he wholeheartedly endorsed the action, and also favored the reduction from $48,000 to $27,500 which he felt would cover the costs of the operation of the local office. Dr. Hector Garcia, representing the G. I. Forum; Mrs. Rudy Gonzales, chairman of Familias Unidas; and Mr. Tony Bonilla, National Vice President of LULAC, all spoke and endorsed the recommendation for the establishment of a local office to handle discrimination charges in the City. Dr. George Trevino spoke in opposition to recommendation "d" that an additional $25,000 be approved to supplement $40, 000 previously approved to cover costs on the Three Rivers land- fill site investigation and anticipated costs for the June 21 hearing. He stated he had visited the site and feels it is a good site, the City's expenditure of additional funds is a waste of the taxpayers money, and could be put to a better use elsewhere locally. City Manager Townsend stated it was amazing that anyone could merely look at this site and be in a position to determine whether or not it was a good site. He explained that the applicant had submitted a set of incomplete plans which are unacceptable and specifications for standards of control of the work is "very sloppy." He stated engineers have indicated that the fill will leak, and there is no reason to assume that the work will be done well. He further pointed out that even if it were constructed according to good plans and specifications, it would be the task of the company to carry them out, and the City has nothing on the financial structure of the company. He stated there will be some 100 to 300 tons a day of poisonous materials deposited in this fill, the company can abandon it at any time and it will then be left to genera- tions to come, there are no facts available at the present time to justify that it is a safe proposal, and he finds it difficult to see how anyone can be complacent about the matter. He stated he strongly commends the recommendation to the Council that an additional $25,000 be approved to supplement the $40,000 previously approved to cover investigation and anticipated costs. inutes egular Council Meeting June 12, 1974 Page 5 • Motion by Acuff, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "g" ("f" deleted), be accepted, and the requests and recommendations be granted and approved as presented by the City Manager. City Manager Townsend presented the pending item of Application #474-2, Raymundo Rodriguez, for change of zoning from "R -IB" to "B-4" on Lot 1, Block 1, Carver Addition, located on the northwest corner of Greenwood Drive and Soledad Street. He explained that the request was heard by the Council May 8, 1974 and a special permit was approved for the operation of a plumbing shop subject to submission of an acceptable site plan. The site plan has been submitted and appears to be in order. Motion by Acuff, seconded by Tom Gonzales and passed, that the site plan as presented by the City Manager, be approved, and an ordinance be brought forward effectuating the special permit. City Manager Townsend presented the pending item of the proposal to amend the Electrical Licensing Ordinance, which was tabled during the meeting of June 5. Motion by Stark, seconded by Tom Gonzales and passed, that the foregoing pending item be removed from the table. City Manager Townsend read the recommendation as follows: "That the Electrical Licensing Ordinance be amended to require the recognition of the results of examinations administered by the Coastal Bend Electrical Board of Texas (CBEB). The CBEB is comprised of representatives from area cities, including Corpus Christi, and administers examinations which are the equivalent of examinations administered by the Electrical Advisory Board. In 1972, the City Council passed a resolution supporting creation of the CBEB. The amendment would allow an electrician to work in a number of cities in the Coastal Bend without having to pass a licensing examination in each city. Mr. Jack Green, member of the Electrical Advisory Board and one of the two Corpus Christi representatives appointed to investigate the CBEB, stated he had served on this board for nine months and it is his conclusion that the City should not approve this ordinance. He stated that examinations administered by this board will not improve the electrical licensing operations in this City, would be creating a bcard of duplication to function the same as the Advisory Board, nutes gular Council Meeting June 12, 1974 Page 6 • would be delegating authority to unknown people, could become political, and control over the quality of electricians licensed to work in this City would be lost. Mr. Paul Kratzig, attorney representing the National Electrical Contractors Association, opposed the proposed ordinance on the basis it is not reciprocal; Corpus Christi will not be equally represented with smaller cities; control to appoint and replace advisory board members will be lost; there has been no strong advocates for the proposal but strong arguments against it; the procedure for revocation is not spelled out; would be creation of an additional bureau- cracy; and would be a rubber stamp approval with no provision for refusing an application. Mr. Lynn Tate, member of the Electrical Advisory Board, spoke strongly against the pro- posed ordinance, and severely criticized the City Manager for the manner in which it is being presented, and urged the Council to accept the recommendation of the Electrical Advisory Board. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the discussion be closed. Motion by Ricardo Gonzalez, seconded by Stark and passed, that the recommendation of the Electrical Advisory Board be accepted, and the proposal to amend the Electrical Licensing Ordinance to require recognition of the results of examinations administered by the Coastal Bend Electrical Board, be denied. Motion by Ricardo Gonzalez, seconded by Acuff and passed, that the proposed ordinance for the closing of a portion of Kay Street be deferred for further consideration. The Council expressed concern about plans to locate a housing project in this area, and that they had been under the impression when they voted on the zoning change and abandonment of the right of way that the Housing Authority had approved it for a subsidized housing project. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MARGIE BENNETT DBA COLISEUM CONCESSIONS, GRANTING THE RIGHTS OF CONCESSION AT THE EXPOSITION HALL AND MEMORIAL COLISEUM ON SHORELINE BOULEVARD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO THE SAID MARGIE BENNETT DBA COLISEUM CONCESSIONS, SAID CONCESSION RIGHTS TO BEGIN NOVEMBER I, 1974 AND TO TERMINATE ON OCTOBER 31, 1977, SUBJECT TO THE COVENANTS AND CONDITIONS PROVIDED IN SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read For the first time and passed to its second reading by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. •inutes Regular Council Meeting June 12, 1974 Page 7 • SECOND READING OF AN ORDINANCE AMENDING SECTION 21-65 OF THE CORPUS CHRISTI CITY CODE, PROVIDING THAT CERTAIN TRUCKS, TRAILERS AND OTHER VEHICLES BE RESTRICTED TO THROUGH STREETS, AS AMENDED, BE AMENDED BY ADDING THE PROVISION THAT VEHICLES IN EXCESS OF 5,000 POUNDS OR WITH AN OVERALL WIDTH IN EXCESS OF 8 FEET BE REQUIRED TO USE ONLY THROUGH STREETS TO REACH INDUSTRIAL OR BUSINESS -ZONED PROPERTY WHICH HAS ACCESS FROM BOTH RESIDENTIAL AND THROUGH STREETS, AND THAT SUCH TRUCKS NOT BE ALLOWED TO PARK ON RESI- DENTIAL STREETS FOR A CONTINUOUS PERIOD IN EXCESS OF 8 HOURS WHILE IN THE PROCESS OF MAKING A DELIVERY OR PICK-UP; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 12117 AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE CRIMINAL JUSTICE COUNCIL FOR A POLICE LEGAL ADVISOR AND TO EXECUTE ALL NECESSARY DOCUMENTS IF AND WHEN THE GRANT APPLICATION IS APPROVED, A COPY OF THE GRANT APPLICATION BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark present and voting "Aye'; Branch absent; Luby voting "Nay". ORDINANCE NO. 12118 AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION TO ESTABLISH AN ADMINISTRATIVE OFFICE TO INVESTIGATE DISCRIMINATION CHARGES AND TO EXECUTE SUCH GRANT, IF AND WHEN APPROVED, A COPY OF SAID GRANT APPLICATION BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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. 12119 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 RAYMUNDO RODRIGUEZ BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE OPERATION OF A PLUMBING SHOP, ON LOT 1, BLOCK 1, CARVER ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE A5 AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. •Tnutes gular Council Meeting June 12, 1974 Page 8 • 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. * Mayor Pro Tem Acuff departed the meeting at this time. Mayor Luby announced the public hearing on the appeal of Mr. Calvin Floyd from a decision of the Electrical Licensing Board which suspended Mr. Floyd's Master Electrician License for six months. City Manager Townsend explained that this appeal was originally scheduled for hearing on May I, but was postponed until today at the request of Mr. Floyd's attorney, and that Mr. Floyd's license has remained in effect pending review of the Electrical Licensing Board's decision by the Council. Mr. Townsend provided the Council with a file containing Minutes of the Electrical Advisory Board from January 15, 1974, and including affidavits signed by Mr. Harold Spitzer to the effect that work had been performed for Lone Star Electric Company in September, 1973, at 2214 Mary and 718 Sam, without the required permit. Mr. Townsend announced procedures for conducting this hearing, stating that the appellant and the appellee would be allotted 30 minutes each to present their case, and 10 minutes for rebuttal. Attorney Tony Bonilla represented Mr. Floyd and stated that he had also represented him at the hearings previously held by the Electrical Advisory Board. He stated at that time he had presented issues which were pertinent and which, if sustained, would have resulted in the entire case being thrown out; that he had not permitted his client to testify at these hearings because it was his feeling that it was to be a "kangaroo court", and alleged that his predictions had been borne out. He alleged that the Electrical Advisory Board had no legal right to determine whether or not Mr. Floyd's license should be revoked because its make-up was in violation of the ordinance. He alleged that inadequate notice had been given to Mr. Floyd, that the notice he received did not specifically state what he was charged with, and that the letter -notice dated February 7, 1974, advising him of the special meeting to be held on March 12, did not include a copy of the charges as was stated. Mr. Bonilla stated there was nothing in the affidavits, used as a basis of the complaint, that accuses Mr. Floyd of fraud, deceit, gross negligence or mis- conduct. He submitted that the notice sent to Mr. Floyd was in violation of the Constitution 1111 utes (regular Council Meeting June 12, 1974 Page 9 r and deprived him of his rights as a citizen, and therefore, the hearing was illegal. He stated there was no evidence introduced at that hearing that Mr. Floyd was in the City at the time the work was performed at Mary and Sam Streets; that he was in fact in South Carolina; that Master he entered into a contract agreement with Mr. Spitzer who is not a licensed/electrician, and that under that contract, he was in fact, a subcontractor; that he performed the work himself and violated the terms of his own contract, his statement that he was employed by Mr. Floyd was untrue; and that his statements had not been verified. He submitted that everything that took place at the Electrical Advisory Board hearing was in violation of his client's rights; that he is being accused of something of which he had no control, and his license should not be suspended. Mr. C. M. Henkel, III, Assistant City Attorney and advisor to the Electrical Advisory Board, stated he had presented evidence on behalf of the City at the hearings based on charges that were presented to the Electrical Advisory Board on February 7, 1974. Mr. Henkel advised the Council that Harold Spitzer is not on trial at this hearing but because of acts of misconduct on the part of Calvin Floyd, the ruling of the Electrical Advisory Board to suspend his master electrician license for six months should be sustained. He stated the investigation of Mr. Floyd was a result of a complaint filed by Dr. Eugene Brown, and sworn statements of Mr. Harold Spitzer which alleged six unlawful acts constituting misconduct by Mr. Floyd, that the sworn statements alleging violations comply with Section I -9(b) of the Electrical Ordinance, and are set out in the sworn statements marked "Exhibits "A" and "B". He stated that Mr. Floyd is charged with permitting electrical work to be done at two different addresses by persons employed by him without the proper license, without taking out the required electrical permit, and permitting the work to be completed without being inspected. He presented the Council with a copy of a check made to Lone Star Electric Company for payment of work done, marked Exhibit "C", and copies of bid proposals signed by Mr. Spitzer marked Exhibits "B" and "E". Mr. Henkel maintained that the Electrical Advisory Board is a legally constituted board and in compliance with the ordinance in that all cagegoriesare met to constitute a proper board. In response to Mr. Bonilla's charge that Mr. Floyd was not properly advised of the charges against him, Mr. Henkel read the letter which was mailed to Mr. Floyd and stated that Exhibits "A" and "B" are copies of the 4111/ Minutes Regular Council Meeting June 12, 1974 Page 10 charges which clearly points out illegal charges and which were attached to the notice letter. He stated that the contract between Mr. Floyd and Mr. Spitzer in which Mr. Bonilla proposed to show that Mr. Spitzer was a subcontractor, does not necessarily make it a fact that he performed in that capacity; that checks issued as payment appear to indicate that he was an employee; that a flyer of the contract indicates an employer-employee relationship, and the fact that Mr. Floyd was out of town when the work was done does not relieve him of his responsibility for the work. Mr. Henkel stated that all evidence presented at the Electrical Board hearing shows that Calvin Floyd was guilty of misconduct to such an extent that his license was suspended for six months, and a vote of this Council otherwise would be a vote of "no confidence" of this Board. The Council questioned Mr. Henkel at length as to the legality of the contract between Mr. Floyd and Mr. Spitzer, and his opinion as to their business relationship, whether employer- employee or contractor -subcontractor which they felt was an important issue in this case and which must be determined before a decision can be made. City Manager Townsend stated it is his understanding of the provisions of the ordinance that the master electrician or the contractor is responsible for his subordinates and responsible for everything that is done under the master electrician's license. Members of the Council questioned some provisions of the ordinance in this regard, and City Manager Townsend stated the City Attorney's office would submit a brief clarifying these points. The Council also requested an opinion from Mr. Bonilla on whether or not the master electrician is responsible for work of a subcontractor to the same extent as an employee. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the foregoing matter be tabled pending receipt of the requested legal opinions. Motion by Ricardo Gonzalez, seconded by Stark and passed, that the minutes reflect an amendment to Item "g" of the City Manager's Reports to read as follows: "That the statement of Understanding prepared by Nueces River Authority Executive Director John White and City Manager Marvin Townsend be endorsed as a general policy guideline for further actions leading to the construction of Choke Canyon reservoir as a joint Bureau d Reclamation - local entity federally litnutes gular Council Meeting June 12, 1974 Page 11 assisted reservoir project and that the commitment of Corpus Christi to accept, either alone or with other local entities such as the Nueces River Authority, all obligations of the local sponsor, including recreation, fish and wildlife responsibilities, be affirmed by letter to the Bureau's Regional Director James Bradley." Motion by Stark, seconded by Lozano and passed, that the Regular Council Meeting be adjourned at 5:30 p.m., June 12, 1974.