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HomeMy WebLinkAboutMinutes City Council - 02/12/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING February 12, 1975 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark Church. City Manager R. Marvin Townsend Acting City Attorney Michael May City Secretary Bill G. Read V ` Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by the Reverend Bob J. Cox of the New Testament Christian City Secretary Bill G. Read called the roll of those in attendance. Motion by Branch, seconded by Acuff and passed, that the Minutes of the Special Council Meeting of January 2, 1975, 7:00 p.m.; Regular Council Meeting of January 29, 1975, 2:00 p.m.; and Special Council Meeting of January 29, 1975, 3:30 p.m., be approved as presented to the Council. Mayor Luby announced the issuance of proclamations as follows: LULAC WEEK, February 16 through 23, 1975; NATIONAL ENGINEER'S WEEK, February 16 through 22, 1975; BROTHERHOOD WEEK, February 16 through 23, 1975; BICENTENNIAL COMMUNITY, February 17, 1975; and "DIA DEL BAILE ESPANOL", February 16, 1975. Mayor Luby called for the City Manager's Reports, and City Manager Townsend present- ed requests and recommendations with explanations and comments, as follows: a. That a public hearing be held at 3:30 p.m. during the regular Council meeting on March 5, 1975 on zoning text amendments allowing child care uses in the "R -IA" District in con- formance with State Welfare Department regulations and establishing a distinction between a child care home in a residential area and a child care center in a commercial area. b. That a public hearing be held on March 5, 1975 on the closing of Hirsch Street from Water Street to East Shoreline and East and West Shoreline Boulevard from Brewster to Hirsch Streets. The City is the only abutting property owner. The street closings are necessary to con- struct the Municipal Auditorium. A 38' drainage and utility easement will need to be retained in Hirsch Street. c. That 3 flat storage racks and related caster assemblies for the Corpus Christi Museum be purchased from ESCH & Associates, Houston, on the basis of low bid meeting specifications of Minutes Regular Council Meeting February 12, 1975 Page 2 $2,430.00. Bids were received from 3 firms. Price comparison reveals an increase of 11%. (Bid Tab. #6-75) d. That a contract for a portable oscilloscope for the Radio Shop be awarded to TEKTRONIX, Inc., San Antonio, for $2,794.13 on the basis of low bid meeting specifications. The apparent low bid of $2,711.93 submitted by Hewlett Packard Company of San Antonio did not meet various specification requirements. Bids were received from 2 firms. (Bid Tab. fl-75) e. That the 1974 Minor Storm Sewer Improvements project be accepted as complete and that final payment of $3,620.24 for a total of $15,933.85 be made to the contractor, Maverick Construction Company. An extension of 10 days working time is recommended as the contractor experienced some material delays and weather problems. The project corrected long- standing drainage problems at Phillips and Queen Streets and on Domingo Street near Villareal, 15th Street between Louisiana and Chico, Stafford Street from Horne Road to Sherman, and Southern Street between 15th and Brownlee. f. That Corpus Christi Garden Center Improvements contract be accepted as complete and final payment of $2,870.66 for a total of $8,448.39 be made to the contractor, Maverick Construction Company. The contractor exceeded his working time by 13 days, but an extension is recommended due to some minor extra work, weather conditions and the fact that some of the delays were not directly caused by the contractor. The project included the construction of an 18-car parking lot and related sidewalks. g. That a 1 .327-acre tract of land be acquired for the construction of a light system and middle marker site for an instrument landing system on Runway 35 at International Airport from Mr. P. W. Kelly, Jr. et al for $4,000.00. The parcel is located south of F.M. 763. h. That Trinity Testing Laboratories, Inc. be retained to provide testing services for the Austin School Area Unit II reconstruction project at a cost of $11,100. The work includes testing of the lime stabilized base and concrete construction and hot-mix control of the project. No additional appropriation is required. i. That the speed limit on Airline Road be reduced from 45 mph to 35 mph between Holly Road and Williams. The speed limit from Williams to Ocean Drive is 35 mph. The traffic volume on Airline west of Padre Island Drive is 10 times greater than in 1963. The Traffic Safety Advisory Board recommends this change. j. That the Traffic Safety Advisory Board's recommendation that the City agree to operate and maintain flashing beacons which the Highway Department has installed on stop signs at Carroll Lane and Padre Island Drive Frontage Roads be approved. The State Highway Minutes Regular Council Meeting February 12, 1975 Page 3 Department has installed the flashers at State expense. k. That bids be received at 11 a.m., Tuesday, March 4, 1975 for the following budgeted items: (1) Flame retardant lined bunker clothing for the Fire Department. (2) A well point system for the Wastewater Services Division to be used to drain the ground where lines must be laid below sea level such as in Flour Bluff. (3) Eight Arch gates for the outlet works at Wesley Seale Dam. The gates will allow water to be shut off to the outlet works, allowing their repair, and protect the screens which catch debris from being damaged by waves caused by strong northerly winds. I. That an application be submitted to the Equal Employment Opportunity Commission for $18,100 to continue the support of the Human Relations Office in the handling of equal employ- ment discrimination charges within the City. The original grant began in July 1974 with three staff positions to resolve approximately 60 cases by June 1975. This grant calls for one additional Administrative Assistant, Grade 23, to continue this program for a period of six months from July 1, 1975 to December 31, 1975. The reason for the six month grant period is to begin the next grant period at the beginning of the calendar year. During this period, the City will resolve those cases that are submitted to the Human Relations Office. We anticipate this number will be 40 or more. m. That a resolution be approved allowing the International Longshoremen's Association and the National Maritime Union to remain in the buildings located on their property in the Bay- front Science Park and instructing the staff to work with the Unions to make adjacent property compatible upon completion of the Bayfront Arts and Science Park. n. That a resolution be passed asking the Governor of Texas to designate the City as the recipient for transit funds from the Urban Mass Transportation Administration and State of Texas, since the City is the only operator of a transit system in this urbanized area and is the designated metropolitan planning organization for transportation. o. That (1) the 1975 Budget be amended to increase estimated Gas Fund Revenues $662,840 and increase estimated Gas Fund appropriations by $662,840 to reflect the addition of the Corpus Christi Municipal Gas Corporation's Area 3 to the City system; (2) the Maintenance and Operation Service Charge to Municipal Gas by the Gas Fund be reduced from $3.35 per meter to $2.80 per meter to reflect the City's probable incremental cost of serving Municipal Gas w? Minutes Regular Council Meeting February 12, 1975 Page 4 accounts; and (3) General Fund Revenues be adjusted to reflect offsetting changes in the Gas Fund Budget. P• q• (Withdrawn) That authority be granted for the City as the administrative unit for the Coastal Bend Manpower Consortium to execute modifications to existing Comprehensive Employment and Training Act, Title I, contracts with the following agencies: (1) Texas Employment Commission providing for an increase of $230,958 for a new total of $715,658. The additional funds will increase the number of participants enrolled in training by 100 and adjust hourly rates of allow- ances and incentive payments to participants. (2) Jobs for Progress, Inc. (SER) providing for an increase of $59,334 for a new total of $534,334. 40 additional public service on-the-job training positions will be provided in rural areas. (3) San Patricio Community Action Agency providing for an increase of $64,998 for a new total of $192,958. 30 additional participants who are disadvantaged will be provided with work experience training. r. (Withdrawn) s. That the City Manager be authorized to submit a proposal for the first year funding of the Retired Senior Volunteer Program to the Action Office in Dallas. Funds being requested will allow continuation of the RSVP Program under the City's sponsorship. The program has been previously sponsored by MI -I -MR which desires to transfer the program to the City. This funding covers the period beginning March 1, 1975 through February 29, 1976. Total program cost includes $30,655 Federal share and $4,575 local share which can be in-kind for a total of $35,230. First year estimated number of retired senior volunteers is 230. The project staff will consist of one Project Coordinator, one Senior Clerk -Typist, and one bus operator. All project equipment and the present staff would be transferred to the City. The local share would be 10% increasing to 20% the second year end and 30% the third year. MH -MR is in the third year. t. That authority be granted to request $30,000 from the Texas Department of Community Affairs for an Environmental Improvement Program. The program is a Youth Conserva- tion Corp program funded jointly by the U.S. Department of Agriculture which provides learning and work experiences for youth. Work to be performed will be construction of landscaping in Ropes Park and beautification of the John F. Kennedy Causeway and Corpus Christi Beach. The local match ($30,000) will be provided out of Open Space Park bond funds to pay for labor and material costs of landscpaing Ropes Park. Minutes Regular Council Meeting February 12, 1975 Page 5 u. That the contract with Nueces County regarding City financial participation in Welfare programs assisting utility users be amended to provide that the assistance will be made available to City residents only and that the City will pay the County for the additional staff necessary to carry out the program. Mrs. Frank Garcia spoke in connection with Item "t" regarding the request for $30,000 matching funds from the Texas Department of Community Affairs for a Youth Conservation Corp Program. She stated she was concerned whether or not youth in this community would benefit. It was explained that this is a state program funded jointly by the U. S. Department of Agriculture and students would benefit by going from this community to other areas across the state. Motion by Stark, seconded by Acuff and passed, that the City Manager's Reports, Items "a" through "u" (Items "p" and "r" withdrawn) be accepted, and the requests and recom- mendations be granted, approved and adopted, as presented by City Manager Townsend. Mr. Vincente Carranza, 2215 Baldwin Street, appeared as spokesman for a group of persons present to protest high utility rates, and complained that he had asked to be placed on the formal agenda and because this had been refused, elderly persons in his group were being subjected to a long wait in the crowded Council Chamber. He requested that the Council allow him to present his petition at this time. City Manager Townsend explained the policy of the Council regarding formal appearances at the Council meetings which must be approved at the previous meeting, otherwise petitioners would be allowed to speak only at the time usually set aside for appearances. Commissioner Branch pointed out that the Council is in charge of conducting the meetings and the arrangement of the agenda is discretionary with the majority of the Council. Mayor Luby called for the ordinances and City Manager Townsend presented and reviewed the ordinances appearing on the agenda. Attorney Harold Alberts spoke in opposition to the ordinance authorizing submission of a grant application to the Equal Employment Opportunity Commission to continue support of the Human Relations Office in the handling of employment discrimination charges within the City. He stated he represented three businesses which had lost hundreds of hours of work looking up records and meeting with investigators of the program, and termed the Equal Employment Oppor- tunity investigations as "employer harassment". He pointed out three instances wherein employers had been subjected to unnecessary harassment; one, an employer was accused of discriminating Minutes Regular Council Meeting February 12, 1975 Page 6 against a woman because she was black, when in reality she was white; second, involved the firing of a woman because she was taking part in an office triangle love affair and claimed the cause was her ethnic origin; and the third case involved the refusal to hire a woman who claimed she was not hired because of her overweight. Mr. Alberts urged the Council not to accept such a grant tied to a contract with the EEOC. He stated he is not opposed to the concept of the Human Relations Agency, but feels the contract has not been in the best interest of good human relations and the problem should be attacked locally. Commissioner Ricardo Gonzalez pointed out that regardless of whether or not the City accepts the contract, some other agency in this community who is directly connected with EEOC will do the same thing Mr. Alberts is opposed to and EEOC will not be erased from the community. Commissioner Stark explained it was for this reason that he had supported the founding of the local program, that he felt they would have more control if it were under the auspices of the Human Relations Office, but stated he would like to have a status report on the operation of the local office up to the present time before final approval of the six-month extension. Mr. David Saenz stated he felt the majority of the Human relations problems were due to a lack of communication resulting in misunderstandings. He stated he was in support of continu- ing the local office as an arm of the EEOC. City Manager Townsend explained that the Council had already approved this item in the City Manager's Reports but that he would withdrawn the ordinance and respond to the complaints of Mr. Alberts and the request of Commissioner Stark for a status report. Mayor Luby questioned the ordinance presented for first reading prohibiting the use of water craft as a dwelling in the Marina stating the five-day limit seemed too severe for visiting craft and suggested an amendment to permit extensions after five days. City Manager Townsend withdrew this ordinance fur further study. . FIRST READING OF AN ORDINANCE AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SPEED LIMITS ON A PORTION OF AIRLINE ROAD, AS HEREINAFTER PROVIDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Minutes Regular Council Meeting February 12, 1975 Page 7 ORDINANCE NO. 12472 AUTHORIZING THE CITY MANAGER TO ACCEPT A RIGHT OF WAY DEED AND DEDICATION FOR THE CONSTRUCTION OF A LIGHT SYSTEM AND MIDDLE MARKER SITE FOR CORPUS CHRISTI INTERNATIONAL AIRPORT, PROJECT NO. 245-72-1, FROM THE OWNERS OF P. W. KELLY, JR., ET AL; APPROPRIATING OUT OF THE NO. 245 AIRPORT'BOND FUND $4,000 FOR ACQUISITION OF THE AFORESAID PARCEL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12473 AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF FLASHING BEACONS LOCATED AT THE FOLLOW- ING LOCATION: INTERSECTION OF S.H. 358 NORTH AND SOUTH FRONTAGE ROADS (PADRE ISLAND DRIVE) WITH CARROLL LANE, ALL AS MORE FULLY SET FORTH IN THE AGREE- MENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12474 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, MODIFYING AN EXISTING CETA TITLE I CONTRACT WITH TEXAS EMPLOYMENT COMMISSION, INCREASING THE FUNDS TO $715,658, AS MORE FULLY OUTLINED AND SET FORTH IN THE PROPOSAL, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND TO EXECUTE ALL RELATED DOCUMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12475 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, MODIFYING AN EXISTING CETA TITLE I CONTRACT WITH SAN PATRICIO COMMUNITY ACTION AGENCY, INCREASING THE FUNDS TO $192,958, AS MORE FULLY OUTLINED AND SET FORTH IN THE PROPOSAL, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND TO EXECUTE ALL RELATED DOCUMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Minutes Regular Council Meeting February 12, 1975 Page 8 ORDINANCE NO. 12476 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT MODIFYING AN EXISTING CETA TITLE I CONTRACT WITH JOBS FOR PROGRESS, INC. (SER), INCREASING THE FUNDS TO $534,334, AS MORE FULLY OUTLINED AND SET FORTH IN THE PROPOSAL, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND TO EXECUTE ALL RELATED DOCUMENTS NECESSARY TO IMPLEMENT THE SAID PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". RESOLUTION NO. 12477 THAT THE INTERNATIONAL LONGSHOREMEN'S ASSOCIATION AND THE NATIONAL MARI- TIME UNION OF AMERICA BE ALLOWED TO REMAIN IN THEIR PRESENT LOCATIONS UNTIL SUCH TIME AS THE BAYFRONT ARTS AND SCIENCE PARK HAS BEEN FULLY DEVELOPED: AND FURTHER RESOLVED THAT UPON COMPLETION OF THE BAYFRONT ARTS AND SCIENCE PARK THE CITY OF CORPUS CHRISTI WILL WORK WITH THE INTERNATIONAL LONGSHORE- MEN'S ASSOCIATION AND THE NATIONAL MARITIME UNION SO THE ADJACENT PROPERTY USAGES ARE COMPATIBLE; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12478 AMENDING THE ORDINANCE ADOPTING THE 1974-75 BUDGET BY INCREASING ESTIMATED GAS FUND REVENUE BY $662,840 AND INCREASING APPROPRIATIONS FOR THE GAS FUND BY $662,840; REDUCING THE OPERATIONS AND MAINTENANCE SERVICE CHARGE TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION FROM $3.35 PER METER TO $2.80 PER METER, AND ADJUSTING THE GENERAL REVENUE FUND TO REFLECT THE ADJUSTMENT TO THE GAS FUND BUDGET, ALL AS MORE FULLY SET FORTH HEREINAFTER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12479 AUTHORIZING THE CITY MANAGER TO SUBMIT A PROPOSAL FOR FIRST YEAR FUNDING OF THE RETIRED SENIOR VOLUNTEER PROGRAM TO THE ACTION REGION 6 OFFICE IN DALLAS, AND TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE PROGRAM IF AND WHEN THE GRANT IS APPROVED, A COPY OF THE PROPOSAL BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. Tin Chat tor Ruln was suspondad and Ilio frnnpoing ordinance was passed by die fallowing vote: 1111)y, Acuff, Branch, fhamas Gnnralnn, Ric aid() Gnnialnr, I mane awl Stark, ptannnt and voting "Aye". Minutes Regular Council Meeting February 12, 1975 Page 9 ORDINANCE NO. 12480 AMENDING ORDINANCE NO. 12459, PASSED AND APPROVED BY THE CITY COUNCIL ON JANUARY 29, 1975, 50 AS TO AMEND THE CONTRACT AUTHORIZED BY SAID ORDINANCE SO AS TO PROVIDE FOR A PAYMENT TO THE COUNTY TO CARRY OUT AN INTERGOVERN- MENTAL PROGRAM WITH THE COUNTY BEING RESPONSIBLE FOR ALL RULES AND REGULA- TIONS REGARDING THE PROGRAM; ALL IN ACCORDANCE WITH THE ATTACHED CONTRACT WHICH IS MARKED EXHIBIT "A" AND MADE A PART HEREOF THE SAME AS IF COPIED HEREIN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". RESOLUTION NO. 12481 REQUESTING THE GOVERNOR OF THE STATE OF TEXAS TO DESIGNATE THE CITY OF CORPUS CHRISTI AS A RECIPIENT OF TRANSIT FUNDS IN ACCORDANCE WITH REGULATIONS PROMUL- GATED BY THE URBAN MASS TRANSPORTATION ADMINISTRATION; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY REPEALING CERTAIN PROVISIONS, AMENDING CERTAIN PROVISIONS AND ADOPTING AND READOPTING CERTAIN PROVISIONS OF CHAPTER 34, ENTITLED "STREETS AND SIDEWALKS", 50 AS TO ADOPT A POLICY OF STREET PAVING ASSESSMENTS DESIG- NATED AS SECTION 34-21; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND SPECIFICALLY REPEALING ORDINANCE NO. 10431, PASSED AND APPROVED ON THE 25TH DAY OF AUGUST, 1971 AND ORDINANCE NO. 11004, PASSED ON THE 2ND DAY OF AUGUST, 1972; PROVIDING FOR MAXIMUM INTEREST RATE ON ASSESSMENTS WHICH ARE PAID BY MONTHLY INSTALLMENTS NOT TO EXCEED 5 1/4% AND THE NUMBER OF INSTALL- MENTS NOT TO EXCEED 120; ESTABLISHING A MAXIMUM RATE TO BE PAID FOR SIDEWALK IMPROVEMENTS USED OR DESIGNATED TO BE USED FOR RESIDENTIAL PURPOSES; 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, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". City Secretary Read stated that according to his tabulation, all ordinances voted upon had passed unanimously. Mr. Gordon Humphrey, local agent for the National Maritime Union of America, and Mr. Galan, representing the International Longshoremen's Association, appealed and an behalf of these organizations thanked the Council and staff for being allowed to remain in their present buildings, and was in agreement with the provision that they would work with the Council on a cooperative basis to make the property usages compatible. Minutes Regular Council Meeting February 12, 1975 Page 10 Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Vincente Carranza appeared as spokesman for some 100 persons who had filled the Council Chamber and halls outside the Chamber and protested the City's high utility rates and the handling of complaints at the Utilities office. Approximately 20 individuals of this group had picketed the City Hall during the morning workshop session waving protest signs. Mr. Carranza stated he was a native citizen, had helped organize the Mexican -American Youth Organization, had worked with migrant councils in the Rio Grande in 1969, had attended Miller High School and was now a student at Antioch College, Yellow Springs, Ohio, working on a Political Science degree. He reminded the Council that on January the 15th, he had appeared before the Council and requested that a commission with power be established to regulate and roll back utility costs and to implement a six -point program. He stated he had had no response from that request and did not feel the Council had acted in good faith. He accused the Council of being influenced by certain types of presentations and backup support when making decisions on zoning cases and that he could almost always predict the Council's decisions accordingly. Mr. Carranza requested that the Council implement the following six -point petition: (1) that meter readers be instructed to read more carefully and stop estimating even if it means hiring more readers; (2) that the City Council cease for at least three or four months the purchase of land in the Bayfront Science Park for location of the proposed auditorium since the voters voted against this bond issue; (3) that the City Council provide payment to needy customers money derived from interest on money belonging to the City; (4) that the City stop referring people to the Welfare Department for help when they know that person does not qualify for help; (5) that the Utilities Department be directed to stop cutting off utility service for non payment until the City decides what is going to be done about establishing a commission; and (6) that local construction projects be implemented, possibly renovation of downtown and westside buildings for employment of more people, and also that the City apply for more federal assistance under this program. Mr. Carranza requested that these six requests be implemented within 30 days or by March 13, stating that the Council's response to those requests "may determine the political careers of this Council on May 3, 1975." Commissioner Toni Gonzales challenged Mi. Cairanza's statement regarding the voter approval of bonds lo purchase land in the Baylionl Sr,inncn Palk Poi con :hu inn r,f thn rnulilrnium, pointing out that Mr. Carranza himself lived in a housing project paid for with bond funds, and Minutes Regular Council February 12, 1975 Page 11 according to his statement, he is saying his vote and others in his category, should not have been counted. Commissioner Ricardo Gonzalez expressed concern with the method by which Mr. Carranza had approached the Council on the issue of the high cost of utilities which have been by threats and ultimatums. Commissioner Branch invited Mr. Carranza to provide the Council with any information he had concerning availability of any federal money for use in this utility fuel crisis. Mr. Carranza stated he could furnish this information at 9:00 a.m. in the morning. Commissioner Branch further explained that according to a legal opinion from the City Attorney, the Council cannot set up a commission with authority to do the kind of regulating that has been requested and cannot legally delegate power voted by the people under the Charter. Commissioners Ricardo Gonzalez, Tom Gonzales, Lozano and Mayor Luby responded to Mr. Carranza's requests and alleged acts of irresponsiveness at length in Spanish and pointed out that there may very well be a language barrier causing lack of communications and misunderstandings, but all disagreed with his method of approach of threats and ultimatums. City Manager Townsend explained that the problem lies with the Railroad Commission and not the City which had caused the increase in gas rates. He pointed out that a year ago a temporary order setting aside the City's long-term contract with LoVaca Gathering Company had permitted them to pass on to the consumers the cost of paying for new gas supplied. He stated alleged discourtesies from City employees would certainly be investigated. Mayor Luby emphasized that the Council is doing all that can be done that is within the jurisdiction of their authority. Mrs. Arthur Ellis, 10935 Leopard, concurred with members of the Council regarding Mr. Carranza's approach to the matter of getting relief from the high utility rates and expressed appreciation of the position of the Council. She stated she was sure the Council is using, and will continue to use, their very best judgment as elected officials. She suggested that a program of conservation be explained to those complaining of the high cost of gas, stating that her own gas bill was considerably less than some who complained compared to the size of the residence, because of conservation. Mayor Luby announced that the discussions pertaining to gas rates would be temporarily recessed for the bid opening scheduled for 4:00 p.m. Minutes Regular Council Meeting February 12, 1975 Page 12 Director of Engineering and Physical Development James K. Lontos, opened and read bids for construction of the Santa Fe (Lorraine Drive) Drainage Improvements. He explained that the project will provide a solution to the Lorraine Drive drainage problem for which bonds were approved at the 1972 Bond Election; includes construction of relief line on Santa Fe Street from the existing Carmel storm sewer in Lamar Park to Santa Monica and will provide capacity needed to drain the area and relieve intersection flooding resulting from the undersized sewer in Santa Fe Street. The following firms submitted bids on this project: Slovak Brothers; Asphalt Paving and Construction Co.; H. -S. Green Company, Inc.; Heldenfels Brothers; Claude Chapman Construc- tion Co., Inc.; Maverick Construction Company; King Construction Company; W. T. Young Construction Company; Cactus Utilities Company; and Coastcon Corporation, General Contractors. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. City Planner Larry Wenger presented the pending item of the zoning request of Mr. David M. Coover, Trustee, from "F -R" to "R -1B", on Lots 9, 10, 12 and 13, Section 38, Flour Bluff and Encinal Farm and Garden Tracts, located west of Flour Bluff Drive and north of Yorktown Boulevard. The application was heard September 11, 1974 at which time it was tabled pending receipt of a study of TRAC/OR, Inc. to recompute the CNR zones to NEF values and re-evaluate activity around Waldron Field due to increased use of a right-hand turn pattern over the standard left-hand turn. He stated this study had been received, and pointed out on a map the noise contours that would affect the area of application which indicated that the area falls between the 30 and 40 noise zone; that the general land use recommendations as outlined in the TRACOR Study states that when an area below 30 contour or falls within NEF Zone A, that area is satisfactory with no special noise insulation requirements for new construction, but there would still be some noise complaints and noise may occasionally interfere with some activities. He stated that based on this, the Planning Staff re -valued its recommendation and now recommends that the two western Ituclr, 1011101/1 us nnw ,unnd and 1110 Iwn 20 nctn 11u1.ta c.Ileno1 Ir, num 1(1u11 It„arl and Y„rkl•,wn Boulevard be approved as residential. The Planning Commission recommended denial. Mr. David M. Coover, Trustee, reviewed the background of problems encountered with telgu d 1u %uln and uen 111 iIiio ptt l,nrly. I(n ax(rlulna,l 11"11 n (n lonllul Luer hut' L," I•=.I .nil ulirl 11)11 City unlu,uncud thul s(n(ls would bn Luken in r onitul u1 rlevnlr,(unant in these mails, and hi•. r.Iinnts um 11111 (wyinq iLn luxnc. A% nn nllnlrtolivn It. tlla .",d Minutes Regular Council Meeting February 12, 1975 Page 13 Planning Commission, Mr. Coover proposed that the Navy be asked to vary its flight pattern slightly over the tract located in the 30 noise zone pointing out on the map how the craft could continue on course out over the water and Cayo del Oso which would involve only another 7 or 8 secondes to put the craft over King Ranch. He stated this is undeveloped area and will not be developed in the life time of King Ranch. Mayor Luby stated he had asked this ame question and had been told that the lives of student pilots might be endangered if required to change pattern habits. The Council agreed to further table this matter and directed Mayor Pro Tem Acuff to contact the proper Navy officer for evaulation of Mr. Coover's proposal. Mr. John Miller, owner of property located within the crash zone in Flour Bluff, appeared and protested the handling of potential purchase by the City of his property at this location. He complained that the City was to have acquired his property as part of the protection of the Naval Air Station and was so advised the latter part of last year; that the property had recently been repossessed and all the tenants moved out; that when he learned that the City was going to acquire the property, he did not feel it was good business to repair suitable for rental since he was not certain when the City was going to purchase; that he had discussed the problem with the staff in regard to the acquisition and the staff indicated it would be purchased but did not give him a definite answer as to when. He stated that the property was left vacant and subjected to vandalism and by the time it was appraised by the City's appraiser, it had been so damaged that the market value was greatly depreciated. He stated he feels the City should pay him the appraised val ue of the property at the time the City told him they wanted to purchase it and the value should be in the neighborhood of $45,000. He stated on the basis of the appraisal made in November, he had been offered $19,500 by the City. City Manager Townsend stated that basically it has not been the intention of the City to initiate condemnation on any of these properties. He stated an outside appraiser could be employed but would have to be appraised as it is now and its value 12 months ago would not be considered. He questioned the owner's responsibility to maintain the proporty. Mr. Townsond asked Mr. Miller to submit a written list of estimated damage since January and February. Mayor Luby opened the meeting to other discussion regarding Mr. Carranza and his group in connection with the current high cost of utilitios. Mrs. Santos Lazo, 2805 Ida, introduced by Mr. Carranza as one of the organizers of Minutes Regular Council Meeting February 12, 1975 Page 14 the protest, spoke at great length in Spanish of the City's rising utility bills, unemployment, discrimination, irresponsiveness of Council to the needs of the poor and elderly on fixed incomes, discourtesies on the part of City employees, opposed the Welfare Departments handling of the money set aside by the City to aid those who cannot pay their utility bills, and protested the red tape required in order to qualify for help. Others appearing in protest of the high utility bills and concurring in complaints made by Mr. Carranza and Mrs. Lazo, were: Mrs. Teresa Diaz, Mrs. Unice Martinez, 4430 Angela; Mrs. Moreno, 3005 Buford, and others. The statements of the foregoing were made in Spanish and translated by Commissioners Lozano, Ricardo Gonzalez, Tom Gonzales and Mayor Luby. The Council agreed to pursue the following: transfer of a Spanish-speaking supervisor to the City Utilities office to handle complaints; seek federal aid while on a trip to Washington, D.C. for a National League of Cities Conference March 2-4 to equalize natural gas prices; promote a campaign, including use of the local news media, to explain the current fuel cost crisis to residents; have the City staff investigate complaints regarding slow and alleged discourteous service by persons in the County Welfare office; and continue to pursue the creation of a state utilities commission to regulate rates of private utility companies. It was emphasized that the Council does not have the power at this time to correct the soaring cost of natural gas. Mr. Bennie Benavides appeared as translator for Mr. Joe Garcia who resides at 3544 Austin Street who complained that he could not pay his electric bills which amounted to as much as 560 a month. He stated he was 85 years old, retired, and lived with his wife in a one -room house with central air conditioning, a television and a refrigerator, and could not understand why the bills are so high, amounting to $84 more in 1974 than in 1973. City Manager Townsend stated the staff would investigate the complaint with CPL but suggested that the central air conditioning could be the problem since heating and cooling of small houses can be more expensive than big ones with proper insulation. Mr. Benevides suggested that the Council ask the federal government to subsidize natural gas suppliers the same as they do other companies such as BowtYg,AircraftFtocuf down on rates. Mr. Richard Herschbach, fireman, appeared in protest of Ilio slate law regarding injuiud firemen stating that the City is withholding $70 from his pay check because he has been receiving workrnon's Cnrnpansation since, hi: injury on nn..nmhni 73, 1974. IIn slain.) lin rnnls hn is nnlltln,I to his full pay plus the workmen's compensation. City Manager Townsend explained that it was not Minutes Regular Council Meeting February 12, 1975 Page 15 the intent of the Legislature that a person on leave because of injury be paid double benefits, but only to insure that they receive a full salary. He explained that Mr. Herschbach had received some wrong information from his payroll clerk and he should make his complaint in writing through his immediate supervisor. There being no further business to come before the Council, the meeting was adjourned at 7:40 p.m., February 12, 1975.