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.