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.