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HomeMy WebLinkAboutMinutes City Council - 05/25/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 25, 1977 2:00 P.M. PRESENT: *Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Members: *David Diaz *Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample *City Manager R. Marvin Townsend Assistant City Manager Archie N. Walker ,City Attorney J. Bruce Aycock ,City Secretary Bill G. Read • Mayor Pro Tem de Ases called the meeting to order in the Council Chamber 1 of City Hall while Mayor Luby was conducting official businessinhis office. `o- The invocation was given by Major A. C. Ross, Officer -in -Charge, The Salvation Army. City Secretary Read called the roll of required Charter Officers and stated that a quorom was present. Motion by Lozano that the minutes of the Regular Council Meetings of May 4 and May 11, 1977 be approved as presented, seconded by Sample, and passed unanimously. May9r Pro Tem de Ases announced that the following proclamations had been presented by Mayor Luby in his office: V.F.W.BUDDY POPPY DAY - May 28, 1977,for District 6 and the following Posts: Post 5677, Jesse Little Post 8932, Post 2465, and John N. Timon Post 2397. *Mayor Luby arrived at the meeting at 2:05 p.m. Mayor Luby presented Certificates of Commendation to the following students who were named Outstanding Safety Patrolmen/Patrol Girl of the Year: Freddie Gonzales, Lamar Elementary School Esmeralda Martinez, Lamar Elementary School Donald Adcox, Chula Vista Elementary School Matt Forney, St. James Episcopal School Mayor Luby also introduced Sergeant Jimmy Thompson, Assistant Director of Safety Patrol, who complimented the students on their outstanding performances. *Council Member Gill arrived at the meeting at 2:10 p.m. The following employees were eligible to receive retirement plaques but were unable to be present for the presentation: Years of Employee Department Position Service Mr. Dorsey D. Enger Fire Fire Captain 28 Mr. Arnie Valls Fire - Firefighter. 25 Mr. Walter Wilkins Police Police Lieutenant 30 MICROFILMED SEP 0 31980 Minutes Regular Council Meeting May 25, 1977 Page 2 Mayor Luby called for appointments to boards, commissions and committees. Motion by Gulley that the following appointments be approved, seconded by Lozano, and passed unanimously: PLANNING COMMISSION Mr. Ernest Wranosky CITIZENS ADVISORY HEALTH & WELFARE BOARD Mrs. Blake O'Lavin Term to Expire 7-31-77 11-11/79 NUECES COUNTY MH -MR BOARD OF TRUSTEES Nominated and Confirmed: Mr. Tom M. Boyd, Jr. (Joint Appt. City -County) 3-05-79 Council Member Sample congratulated Mayor Luby on his recent election to the position of President of Region 11 of the Texas Municipal League. Mayor Luby called for the City Manager's Reports. Assistant City Manager Walker presented the following items with related comments and explanations: a. Recommendation that bids be received from June 20 through June 23, 1977 on 62 annual supply contracts for August 1, 1977 through July 31, 1978. Total estimated purchases for 1977-78 are approximately $3,500,000 based on departmental estimates of volumes which are approximately the same as the original budget estimates for 1976-77. The attached summary indicates the items and volumes involved. b. Recommendation that bide be received at 11 a.m., Tuesday, June 14, 1977 on the following budgeted items: 1. Truck and automotive repair and maintenance items for 6 months for Maintenance Services and the Transit and Fire Department garages. 2. Two surface moisture and density gauges for Engineering and Physical Development. These gauges will be used by the Construction Inspection Activity and the Street Division in testing the quality of street construction. Purchase will reduce the cost of hiring testing laboratories to control the quality of construction on street improve- ment projects. 3. An additional trailer mounted hose reel for the Wastewater Services Division. The equipment will be used to haul the 4" sludge injection hose between injection sites at the various wastewater treatment plants. c. Recommendation that bid award for a replacement debossing machine for the Health Department be made to ADDRESSOGRAPH MULTIGRAPH CORPORATION, Corpus Christi, on the basis of low bid meeting specifications of $4,217.42. The apparent low bid submitted by The Sam Barron Company, San Antonio, of $3,050 did not meet specifications because the machine cannot adequately perform the indexing function and the company has no service facilities within 50 miles of Corpus Christi. Bids were received from 3 firms. The machine is used to print approximately 1500 birth cards annually which are sold for $2 each. Minutes Regular Council Meeting May 25, 1977 Page 3 d. Recommendation that vacant City -owned properties acquired through delinquent tax foreclosure be sold as follows: e. 1. Lot 17A, Block 4, Flour Bluff Estates No. 2 at 636 Claride to Mr. and Mrs. James K. Ritchey for a cash payment of $1,250 on the basis of the only bid received. 2. The west 25' of Lot 16, Block 4, Flour Bluff Estates No. 2 at 632 Claride to Mr. Robert W. Buerger for a cash payment of $725 on the basis of the only bid received. Since the parcel is only 25' x 165', the deed will contain a restriction that the parcel can not be used independently of the adjoining 75' of Lot 16 which Mr. Buerger owns and uses for a foreign car repair and parts shop. Also, the deed will contain a restriction to require Mr. Buerger to erect a standard screening fence along the west and rear property lines within six months or the City will have the right to reclaim the property by refunding the purchase price. The property to the north and west of Lot 16 is zoned "R -1B". Authority to receive bids for the sale of these two properties was granted on April 20, 1977. Recommendation that the bid of Corpus Christi National Bank for the City's depository bank contract for 1977-78 be accepted. f. Recommendation that the Price Park Teenage Baseball Field Floodlight improvements be accepted and payment of $7,936 be made to Line Constructors, Inc. The project included the replacement of 120 existing incandescent fixtures with an equal number of 1500W quartz floodlamps, and a replacement 90 -foot light support pole. g• Recommendation that values for the acquisition of two parcels for Airline Subdivision Sanitary Sewers be approved and $3,030 be appropriated from the Community Development Grant, including $1,075 for acquisition, $525 for closing and related expenses and $1,430 for appraisal services. One parcel will provide a site for the lift station. The other parcel is a 10' utility easement which will provide access to the lift station site. The parcels extend north from the east end of Lyons Street. h. Recommendation that $299 be appropriated out of the Sanitary Sewer Bond Fund for legal advertising and court reporter expenses in connection with the public hearing on the environmental assessment and facility plan for improvements to the Flour Bluff wastewater system. The required hearing was held on January 12, 1977. i. Recommendation that $2,961.24 be appropriated from the Street Bond Fund for increased construction and inspection costs on Airline Road from Padre Island Drive to Williams Drive resulting from delays due to adverse weather. The project was jointly constructed by the City and State Department of Highways and Public Transportation under the Urban Systems Program. The total cost was $223,424 of which the City's, portion was $70,161.24. Recommendation that $1,204.20 be appropriated from the Street Bond Fund to cover appraisal expenses ($960) and legal advertising ($244.20) for the public hearing on assessments for the Port Avenue street improvement project, Buford to the Crosstown Expressway. j• Minutes Regular Council Meeting May 25, 1977 Page 4 k. Recommendation that a permit be approved for Energy Reserves Group, Inc. to construct a tank battery in State Tract 434. The site is located on the west side of Mustang Island approximately nine miles southwest of Port Aransas and is adjacent to a similar facility belonging to Sun Oil Co. The battery will consist of three tanks with a volume of 1300 bbl. All requirements of the Bay Drilling Ordinance have been met. The Bay Drilling Committee unanimously recommends approval. The tank battery was built without the operators realizing the area was within the City limits. 1. Recommendation that the Community Development Application be amended as requested by the San Antonio HUD Office by: 1) revising .the Housing Assistance Plan to: A. Increase the'number of existing Section 8 housing units by 350 with the condition that a good faith effort by the City to fill the allocation will suffice, and failure of the City to fully utilize the allocation will not jeopardize Community Development Block Grant funds. B. Include 300 new units of public housing. 2) revising the Application by deleting the Nueces Acres Sanitary Sewer project and adding the $150,000 originally budgeted for that project to utility relocations for neighborhood streets. The Department of Housing and Urban Development has re -defined the term "urgent need" to include only conditions of short duration which present a new hazard to the health or safety of the community. It is further recommended that the decision of HUD that the Nueces Acres sanitary sewer project does not constitute an "urgent need" be appealed. m. Recommendation that a notice of intent be published to amend the present consolidated cooperation agreement with the Housing Authority by increasing the number of authorized units of public housing from 1970 to 2,270. State law requires a 60 -day public notice of intent to amend the contract. Formal action on the amendment should be scheduled for July 27, 1977. The coopera- tion Agreement sets forth the responsibility of the Housing Authority to carry out federally assisted housing projects, assures the Authority of usual City services, and provides for a payment in lieu of taxes by the Authority. n. Recommendation that the Anti -Recessionary payment from the federal govern- ment for April 1 through June 30, 1977 of $106,205 be used to offset increased costs of electricity for pumping water and thus postpone the need for a water rate increase. o. Recommendation that a grant application be submitted to the State Office of Traffic Safety for continuation of development of computer programs for traffic accident analysis through September 30, 1978. This is the third renewal. The cost is $39,557 of which $22,127 will be provided by the State to pay the salary, fringe benefits and travel expenses of a programmer. The City's in-kind of $17,430 consists of computer time. Programs developed provide access to such traffic accident information as mid -block and intersection accidents cross referenced by street, weather conditions, severity of injury and method of traffic control; traffic signal synchronization; pedestrian accidents cross referenced by location and severity; traffic violations contributing to accidents and other information for use in improving traffic safety. Minutes Regular Council Meeting May 25, 1977 Page 5 p• 1• Recommendation that contracts be executed with the State Office of Traffic Safety and the consulting firm of Wilbur Smith & Associates to develop programs for traffic engineering and safety improvements. The tasks include (1) means to improve traffic signs and markings installation and maintenance procedures; (2) review and updating of traffic codes; (3) a development of a comprehensive traffic circulation plan to enhance mobility and safety within the uptown and downtown areas. Recommendations will be developed relative to changes or modifications in the one-way street plan, turning restrictions, parking regulations, intersection geometric designs, and possible changes or improvements in the central business district signal plan. The entire program, costing $32,000, will be funded 100% by. the State Department of Highways and Public Transportation, Office of Traffic Safety. Recommendation that the recommendation of the Electrical Advisory Board to amend the Electrical Licensing Ordinance t� provide for recognition of electrician licenses from other cities only on a reciprocal basis be approved and that the recognition be further conditioned upon review of the examinations of those cities to determine that they are comparable to Corpus Christi's examination. r. Recommendation that the Electrical Licensing Ordinance be amended to increase from one to four the number of apprentices allowed to work under the on-site supervision of a master or journeyman. The Electrical Advisory Board so recommends. * s. Recommendation that a hearing be held at 2:00 p.m. during the Regular Council Meeting on June 8, 1977 on appeal of the decision of the Electrical Advisory Board on May 18, 1977, to issue Journeyman Electrician Licenses to applicants from Harlingen, Weslaco, Edinburg, Brownsville, Laredo, Alice, Kingsville, Robstown, Austin, Victoria, San Antonio and Portland, upon showing that such applicants own Journey- man Electrician Licenses issued by one of the above cities, in lieu of requiring the applicants to take the Journeyman Electrician examina- tion given by the City of Corpus Christi. t. Recommendation that a 5 -year lease agreement be approved with the Corpus Christi Campfire Girls for the use and restoration of the Gugenheim House. The Campfire Girls will use the house for their administrative offices. They agree to maintain the premises open to the public during regular office hours but not less than 35 hours per week, Monday through Friday, provide staff at all times to instruct visitors on the history and restoration of the house and provide special tours for visiting parties and groups on an appointment basis. In addition, one or more rooms will be made available as meeting rooms for private non-profit organizations during regular business hours. Also, these rooms will be available for the City's use for meetings and other purposes in support of convention center activities. The lease provides that the City will he responsible for utilities, insurance and maintenance of the exterior of the house once it is restored. u. Recommendation that $24,550.00 be appropriated out of the Street Bond Fund to cover the difference between actual bids and estimated costs on the Cooper's Alley Project. Bids were taken by the State Department of Highways and Public Transportation with a low bid of $227,810.93 submitted by Abacus Corporation. This project will be funded jointly by the City and State under the Urban Systems Program. The contract will be administered by the State and is scheduled to be awarded in May. The City share will be $75,350.00. The 1972 bond election included $125,000.00 for this project. Minutes Regular Council Meeting May 25, 1977 Page 6 v. Recommendation that a resolution be passed urging the United States Senate and the United States House of Representatives to amend Senate Bill 252 and H.R. 6161, respectively, known as the Clean Air Act Amendments, so as to allow issuance of construction and operating permits for expansion of existing and location of new industries in non -attainment areas as long as there is in effect a program to assure that allowable emissions in these areas are reduced annually on an incremental basis so as to assure reasonable progress toward attain- ment of standards applicable in the area. In regard to Item "r", Council Member Sample requested an estimate of the cost of maintenance for the Gugenheim House. Assistant City Manager Walker stated that the estimate is between $3,000 and $5,000, but since the ordinance will be read for the first time today, a more definite figure will be available prior to final reading of the ordinance. Mayor Pro Tem de Ases requested an explanation of the Anti -Recessionary payment mentioned in Item "n". Assistant City Manager Walker explained that the Federal Government had designated funds during the inflationary period to offset costs to see that employees in cities were not laid off; to allow for increases in salaries; and also stated that this was a one-time program under the same act that allowed for funds for EDA. Assistant City Manager Walker suggested that Mayor Luby call for discus- sion from the audience on all of the items except Items "q", "r" and "s" and invite comments from members of the audience on these items separately. No one from the audience spoke on the other items. Mayor Luby then called for discussion on Items "q", "r" and "s" and first recognized Mr. David Perry, Attorney representing a number of journeyman electricians. Mr. Perry stated that he is opposed to the amendments to the Electrical Licensing Ordinance recommended by the Electrical Advisory Board. He pointed out that the ordinance is designed to protect citizens; citizens could be seriously injured by faulty work by unskilled electricians; and that his opposition is not based on anything but safety for local citizens and that this is not a labor matter. Mr. Perry questioned the manner in which the Electrical Advisory Board had made their decision to amend the ordinance, pointing out that there are enough licensed elec- tricians who are residents of this City to perform all of the work available here. Minutes Regular Council Meeting May 25, 1977 Page 7 Mr. Perry alleged that the tests for journeyman electrician licenses in other cities, particularly in Harlingen, Edinburg and Weslaco, are not as stringent as the test given in Corpus Christi, stating that some of the cities included in the reciprocal amendment allow "open book" tests, and that Laredo does not require examinations to acquire a journeyman electrician license but may be acquired after one year's exper- ience. He cited several examples of inferior ordinances in several cities. Mr. Perry expressed the opinion that any electrician who wants to work in Corpus Christi should be required to take the examination and obtain a license. He suggested that the process for obtaining a license should be reviewed and changed so that an out- of-town electrician could acquire a license in one day, rather than having to wait for the tests which are given the first Monday of each month. Addressing his remarks to Item "r" which would increase the number of apprentices allowed to work under the supervision of a journeyman electrician, he stated that he feels that allowing a large number of unskilled apprentices is dan- gerous. Mr. Perry urged the Council to amend the ordinance by withdrawing any authority for recognition of any out-of-town licenses and allowing examination and licensing to be accomplished in one day. *Council Member Diaz arrived at the meeting at 2:35 ceding discussion. Council Member Sample questioned the feasibility of that it would be possible for an out-of-town electrician to p.m. during the pre - Mr. Perry's suggestion take the examination and acquire a license in one day without any preparation. Mr. Perry stated that he feels that an out-of-town electrician who planned to work in Corpus Christi for several months would study before taking the examination. Council Member Diaz inquired as to how many companies are doing work in Corpus Christi. Mr. Perry stated that to his knowledge, only one electrical com- pany from Alice is performing work in Corpus Christi. Mayor Pro Tem de Ases mentioned the discussion of this matter during the morning Workshop Meeting, stating that the Council was concerned about inferior testing that may exist in other cities, and Council Member Sample had recommended Minutes Regular Council Meeting May 25, 1977 Page 8 that a provision be included in the amendment to the ordinance requiring inspection of the examinations given by other cities to be sure that they are comparable to the tests used in Corpus Christi, and the Council feels that this would eliminate the possibility of the out-of-town electricians being below our standards as far as qualifications are concerned. Mr. Perry reiterated that the out-of-town electricians should be required to take the Corpus Christi tests.and that his suggestion that licensing be completed in one day would not work a hardship on the applicants. Council Member Gulley stated that he does not feel that the time element involved at this time in the City's method of licensing is the reason for the suggested amendments, but that the Board might have felt that it is only fair to open the field to allow for fair trade. Mr. Jim Langford, a licensed journeyman electrician, spoke in opposition to the proposed amendments and related an incident he had experienced in working on a local building where he had encountered an example of poor workmanship that had been performed by another electrician. Other electricians speaking in opposition to the amendments were Al Newman of Alice, Texas, and Sonny Amaya, both of whom related incidents of inferior work they had seen in public buildings. Mr. Bruce Truax, President of Electric Construction Company, spoke at this time and expressed his concern about lowering standards for electricians. He stated that many fires in the City had been caused by faulty electrical work, and indicated his concern about the amendment to allow four apprentices to work under one journeyman electrician. Mr. Mike Mason, journeyman electrician, spoke in opposition to the changes and stated that he had taken the examination and passed the test for his license and is of the opinion that all electricians working in the City should be required to take the tests. Mr. Rocky Gonzales, an electrical apprentice, related an incident as an example of poor workmanship in a local service station and pointed out the dangers Minutes Regular Council Meeting May 25, 1977 Page 9 involved in inferior electrical work. Council Member Diaz questioned Mr. Gonzales as to who had performed the inferior work he had described. Mr. Gonzales admitted that he did not know, that it could have been done by the station owner or a local electrician. Also speaking in opposition to amending the ordinance were John Warner, an apprentice electrician, and Mr. Jim Cantu. Mr. Cantu stated that he will hold the Council directly responsible for any accidents that may occur because of unli- censed electricians' work. Addressing the Council next was Mr. Armando Martinez, journeyman electri- cian, stating he has licenses in Corpus Christi and Portland and that he felt that an expetienced electrician should be able to pass the tests to obtain 1i.rensg.. He also stated that there is not enough work in Corpus Christi for the local elec- tricians; there is no need to have electricians from other cities working here; and that he feels that four apprentices working under one journeyman are too many. Council Member Sample questioned Mr. Martinez concerning his two different reasons for opposing the proposed amendments -- first, indicating that he felt that anyone coming into Corpus Christi should be willing to take -the examination and obtain a license; and second, his apparent objection to anyone from outside the City being allowed to work as an electrician in Corpus Christi. Mr. Martinez did not answer the question. Speaking on the same matter and objecting to the amendments was Mrs. Charles E. Dickenson, the wife of a local electrician. Mrs. Dickenson stated that there is a shortage of electrical jobs in Corpus Christi and that her husband had been forced to go to other cities frequently to obtain jobs, particularly in the winter months. Mr. Dennis Russell, 1606 Austin, Portland, Texas, stated that he is a licensed local electrician and feels that he is a local resident because he per- forms work here, and indicated that he did not feel that the electrical work should be opened up to other cities. Mrs. Linda Dorsey, 1001 York, stated that she felt that when she had elec- trical work to be done, she should use electricians licensed by the City. Mrs. Dorsey also inquired if another city had requested these amendments to the Electri- cal Licensing Ordinance. Minutes Regular Council Meeting May 25, 1977 Page 10 Mayor Pro Tem de Ases responded to her question, stating that in 1969, the Electrical Licensing Ordinance was amended to allow electricians licensed in other cities to work in Corpus Christi; there is no reciprocity with other cities; and the proposed amendment being discussed today would allow local electricians to work in the cities named without obtaining a license in those cities. Mr. Michael Kendrick, attorney representing several electrical contractors and construction contractors, spoke in favor of the amendments to the Electrical Licensing Ordinance. Mr. Kendrick presented to the Council copies of the sum- mary of his statements. Mr. Kendrick pointed out that the only citizens who had spoken in opposition to the amendments were union electricians, with the exception of Mrs. Dorsey. Mr. Kendrick stated that the contractors that he represents feel that if an electrician is qualified, no state, city or nation should prohibit them from working. He pointed out that large numbersof minorities had failed the test in this City and stated that the proposal to allow four apprentices to work under one journeyman electrician would provide training for more minorities to learn the trade and pass their journeyman electrician,and subsequently their master electrician,tests. Mr. Kendrick also stated that the amendment should spe- cify that the tests in other cities should be "job-related" rather that "comparable". Mr. 0. J. Beck, Jr., a general contractor who has been in business in this City for 30 years, spoke in favor of the amendments to the Electrical Licensing Ordinance. Mr. Beck stated that he must compete with contractors from any city when bidding a job, and the contract is awarded to the contractor who quotes the lowest price and performs the highest quality of work. He mentioned the fact that the electricians speaking in opposition to the amendments had cited examples of poor quality, but they had not established that such work was performed by out- of-town electricians. Mr. Beck also indicated that he is in favor of the free enterprise system, recommending that contractors be allowed to obtain the best price possible for electrical work, thereby saving citizens money, particularly on City construction jobs. He also stated that he does not feel that licenses should be the only consideration of qualifications for work. Minutes Regular Council Meeting May 25, 1977 Page 11 Mr. Bill Ewing of Ewing Construction Company spoke in favor of the amend- ments, stating that his company has performed work in all of the cities mentioned and had to use local electricians in all of the towns and the work they had per- formed had been excellent. Mr. Ewing stated that he supports both of the amend- ments that the Electrical Advisory Board had recommended. Mr. Glen Wages, owner of Glen's Electric Company, spoke in favor of the proposed amendments. He stated that his company had performed the electrical work on the Robstown Riverside Hospital with 5 apprentices under one journeyman electrician and he felt that the work performed was very satisfactory. Mr. Bill Miller, a member of the Electrical Advisory Board, stated that he is a master electrician and that he would like to take exception to the impli- cation that the Board had ulterior motives in proposing the changes. He stated that the amendments were considered because 80% of the licensed journeyman elec- tricians are of Anglo descent, and the Board was endeavoring to correct this ratio to give the minorities an opportunity to learn the trade and become licensed electricians; thus, the amendment to allow four apprentices to work under one journeyman electrician was proposed. He pointed out that contractors will be allowed to put more people to work if this amendment is approved, and the apprentices will learn enough to become journeyman electricians. He pointed out that since he is a registered professional engineer, and if he is employed to do a job, he will be the one responsible for any work that is done on his construction work, and consequently, he and the electrical contractors would be very concerned with the type of workers they would employ. Mayor Pro Tem de Ases referred to the letter from Mr. Miller which was presented to them during the Workshop Meeting, in which he had stated that he had performed work in all of the cities recommended as reciprocal cities and had taken examinations in several of them. Mr. de Ases asked Mr. Miller in which towns was he not required to take tests. Mr. Miller stated that he had taken master electrician examinations in. Portland, San Antonio, Brownsville, Laredo and Corpus Christi, but also pointed out that it was necessary that he be familiar with the ordinances in all of the Minutes Regular Council Meeting May 25, 1977 Page 12 cities in order to do design work that would be in compliance with the examinations in the other cities. Mr. Joe Barrera spoke at this time and stated that he is a master electri- cian in Portland. He stated that he had not been allowed to take the examination for his master electrician license in Corpus Christi and pointed out that a good electrician should be qualified to perform work in any City. Mr. Kenneth Haley, master electrician, stated that he has worked in many of the cities involved, has used electricians in those cities, and he is in sup- port of both of the amendments. Mayor Pro Tem de Ases asked about the possibility of changing the wording in the proposed amendment to the Electrical Licensing Ordinance from "comparable" to "job-related". City Attorney Aycock stated that the tests should be in accordance with the National Electrical Code. Assistant City Manager Walker stated that our own examinations may not be job-related and that the wording on the amendment should not be changed. Council Member Gill commented that the wording job-related is good, but the person should be qualified as an electrician. She stated that electrical work is very dangerous and that she plans to vote against Items "q" and "r". Mayor Luby indicated that he felt the same way. Mr. Perry spoke in regard to Item "s",which recommends that a hearing be set to appeal the decision of the Electrical Advisory Board in recommending these amendments, stating that if the amendment is adopted, the public hearing is not necessary. Assistant City Manager Walker stated that Item "s" will be withdrawn. Motion by Sample that the City Manager's Reports, Items "a" through "v", with the exception of Item "s", which was withdrawn, be approved; seconded by Gulley. The motion was approved, with Luby and Gill voting "No" on Items "q" and "r.. *City Manager Marvin Townsend arrived at the meeting at 4:28 p.m. and presented the ordinances for consideration. Minutes Regular Council Meeting May 25, 1977 Page 13 Council Member Gulley inquired of City Manager Townsend as to the cost of maintenance of the Gugenheim House. City Manager Townsend stated that he will have this information as soon as possible. There being no further discussion of the ordinances, City Secretary Read called for the vote of the Council, and the following ordinances were approved: FIRST READING: AMENDING ARTICLE III, ELECTRICAL, DIVISION 1, LICENSING, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 13-64, EXAMINATIONS- - SCHEDULING: GRADING, SUBSECTION (b), PARAGRAPH (4), SO AS TO PROVIDE FOR RECIPROCAL ELECTRICIANS LICENSES, AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION., The foregoing ordinance was read for the first time and passed to its second reading by the following vote: de Ases, Diaz, Gulley, Lozano, Sample voting "Aye"; Lbby and Gill voting "No". FIRST READING: AMENDING SECTION 13-74, SUPERVISION OF AND RESPONSIBLITY FOR WORK, OF ARTICLE III, ELECTRICAL, DIVISION 1, LICENSING, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, SO AS TO HEREAFTER PROVIDE FOR UP TO FOUR APPRENTICES TO BE PERMITTED TO WORK UNDER THE ON-SITE SUPERVISION OF A MASTER OR JOURNEYMAN ELECTRICIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: de Ases, Diaz, Gulley, Lozano, Sample voting "Aye"; Luby and Gill voting "No". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CORPUS CHRISTI AREA CAMP FIRE GIRLS, INC., FOR THE LEASING OF THE PREMISES OF THE GUGENHEIM HOUSE, FOR THE RESTORATION AND USE OF THE PREMISES BY THE CAMP FIRE GIRLS, SAID LEASE TO BE FOR A TERM OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL 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, de Ases, Diaz, Gill, Gulley, Lozano, Sample voting "Aye". SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH SOUTH- WEST AIRLINE CORPORATION SO AS TO INCLUDE THE INSTALLATION AND MAINTENANCE BY SOUTHWEST AIRLINES CORPORATION OF A PASSENGER ACCESS/JETWAY AT AN ANNUAL RENTAL OF $120, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT TO THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the second time and passed to its third reading by the following vote:Luby, de Ases, Diaz, Gill, Gulley, Lozano, Sample voting "Aye". SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI 1976 REVISION, AS AMENDED, BY AMENDING ARTICLE III, WATER RATES AND CHARGES, SECTION 55-53, TEMPORARY FIREPLUG METERS, SUBSECTION (c), SO AS TO HEREAFTER PROVIDE FOR METER DEPOSIT OF $250; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting May 25, 1977 Page 14 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye" THIRD READING: ORDINANCE NO. 13742A AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY ADDING TO ARTICLE II, SOLID WASTE PERMITS OF CHAPTER 21, GARBAGE, TRASH AND OTHER REFUSE, A NEW SECTION, TO BE DESIGNATED AS SECTION 21-51A, TO PROVIDE FOR IDENTIFICATION OF VEHICLES AND CONTAINERS BY DISPLAY OF NAME OF THE FIRM; PROVIDING FOR SAVINGS; AND PROVIDING FOR PUBLICATION. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING: ORDINANCE NO. 13743 AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES ON AIRLINE ROAD, BOTH SIDES, FROM THE SOUTH RIGHT-OF-WAY LINE OF SOUTH PADRE ISLAND DRIVE (S.H. 358), TO THE NORTH RIGHT-OF-WAY LINE OF WILLIAMS DRIVE; AND PROVIDING FOR PUBLICATION. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13744 AUTHORIZING THE CITY MANAGER TO CONVEY BY WARRANTY DEED TO JAMES K. RITCHEY, AND WIFE, FREDA E. RITCHEY, A TRACT OF LAND DESCRIBED AS LOT 17A, BLOCK 4, FLOUR BLUFF ESTATES NO. 2, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON THE PAYMENT OF $1,250 CASH CONSIDERATION FOR SAID PARCEL, A COPY OF INSTRUMENT CONVEYING THE SAME 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, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13745: AUTHORIZING THE CITY MANAGER TO CONVEY TO ROBERT W. BUERGER BY WARRANTY DEED A PARCEL OF LAND DESCRIBED AS THE WEST 25 FEET OF LOT 16, BLOCK 4, FLOUR BLUFF ESTATES NO. 2, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON PAYMENT OF $725 CASH CONSIDERATION FOR SAID PARCEL, A COPY OF INSTRUMENT OF CONVEYANCE 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, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13746 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 1 AND 2, AIRLINE SUBDIVISION SANITARY SEWER PROJECT; APPROPRIATING OUT OF THE NUMBER 162 FEDERAL -STATE GRANT FUND $3,030, OF WHICH $1,075 IS FOR ACQUISITION, $525 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES RELATED TO CLOSING, AND $1,430 IS FOR REIMBURSEMENT OF A PREVIOUS EXPENDITURE WHICH WAS PAID FROM THE 250 SANITARY SEWER BOND FUND FOR APPRAISAL SERVICES; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting May 25, 1977 Page 15 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13747: APPROPRIATING $299 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH TOTAL APPROPRIATION $176 IS FOR LEGAL ADVERTISING PAYABLE TO CALLER -TIMES AND $123 IS FOR TRANSCRIPT OF PROCEEDINGS PAYABLE TO CHATHAM & ASSOCIATES, COURT REPORTERS, ALL IN CONNECTION WITH THE PUBLIC HEARING HELD ON THE LAGUNA MADRE TREATMENT PLANT EXPANSION (FLOUR BLUFF WASTEWATER TREATMENT PLANT), PROJECT NO. 250-72-12; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13748: APPROPRIATING $2,961.24 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220=72-8, AIRLINE ROAD, PADRE ISLAND DRIVE TO WILLIAMS DRIVE, TO COVER INCREASED CONSTRUCTION COSTS INCURRED BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPOR- TATION, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13749: AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT TO THE 1977-78 COMMUNITY DEVELOP- MENT BLOCK GRANT APPLICATION BY REVISING THE HOUSING ASSISTANCE PLAN SO AS TO INCREASE THE NUMBER OF EXISTING SECTION 8 HOUSING UNITS TO 350 AND TO INCREASE THE NUMBER OF PUBLIC HOUSING UNITS TO 300 AND TO REVISE THE APPLICATION BY DELETING THE NUECES ACRES SANITARY SEWER PROJECT AND ADDING THE $150,000 ORIGINALLY BUDGETED FOR THAT PROJECT TO UTILITY RELOCATIONS, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT, A SUB- STANTIAL 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, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13750: APPROPRIATING $1,204.20 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 200-72-16, PORT AVENUE, FROM BUFORD TO CROSSTOWN, OF WHICH $960 IS FOR APPRAISAL SERVICES FURNISHED BY BILL HOLLY REALTY COMPANY, AND $244.20 IS FOR LEGAL ADVERTISING ON THE PORT AVENUE PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13751: AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE CONTINUATION OF THE DEVELOPMENT OF COMPUTER PROGRAMS FOR TRAFFIC ACCIDENT INFORMATION THROUGH SEPTEMBER 30, 1978, ALL AS MORE FULLY SET FORTH IN THE PROPOSAL, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING EXECUTION OF ALL DOCUMENTS NECESSARY TO CONTINUE THE PROGRAM AFORESAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting May 25, 1977 Page 16 ORDINANCE NO. 13752: AMENDING THE BUDGET OF THE CITY OF CORPUS CHRISTI FOR THE FISCAL YEAR 1976-77 BY APPROPRIATING $106,205 FROM THE ANTI -RECESSIONARY PAYMENTS FUND (FUND 151) AS A CONTRIBUTION TO THE WATER FUND; INCREASING THE ESTIMATED REVINUE OF THE WATER FUND BY $106,205; APPROPRIATING $106,205 IN THE WATER FUND FOR ADDITIONAL ELECTICAL COSTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13753: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, OFFICE OF TRAFFIC SAFETY, TO FUND A PROGRAM TO DEVELOP A PLAN AND IMPLEMENTATION PROGRAM FOR CERTAIN TRAFFIC ENGINEERING AND SAFETY IMPROVEMENTS: FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND WILBUR SMITH AND ASSOCIATES, INC., AN ENGINEERING CONSULTING FIRM, TO UNDERTAKE THIS ASSIGNMENT, ALL AS MORE FULLY DESCRIBED AND SET FORTH IN TWO SEPARATE PROGRAM CONTRACTS, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13754: APPROPRIATING $24,550 OUT OF NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 22O.72-4, COOPER'S ALLEY - MESQUITE TO TANCAHUA, TO COVER INCREASED CONSTRUCTION COSTS RESULTING FROM THE BID AWARD BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". RESOLUTION NO. 13755: RESOLUTION STRONGLY URGING THE UNITED STATES SENATE AND THE UNITED STATES HOUSE OF REPRESENTATIVES TO MODIFY SENATE BILL 252 AND H.R. 6161, RESPECTIVELY, 50 AS TO ALLOW THE ISSUANCE OF CONSTRUCTION AND OPERATING PERMITS FOR THE EXPANSION OF EXISTING INDUSTRIES AND THE LOCATION OF NEW INDUSTRIES IN NONATTAINMENT AREAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13756; ACCEPTING THE BID OF CORPUS CHRISTI NATIONAL BANK AS CITY DEPOSITORY BANK FOR THE ENSUING TERM; ACCEPTING AND APPROVING THE PLEDGE OF SECURITIES OF SAID DEPOSITORY BANK IN LIEU OF BOND AS SUCH CITY DEPOSITORY BANK; PROVIDING FOR THE DEPOSIT OF SUCH SECURITIES WITH DEPOSITORIES THAT ARE APPROVED BY THE CITY DIRECTOR OF FINANCE AND SUCH OTHER SECURITY HOLDER AS TRUSTEE FOR SAFEKEEPING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was pssed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting May 25, 1977 Page 17 The Regular Council Meeting was recessed at 4:35 p.m. to conduct the Special Council Meeting to consider zoning applications. * * * * * * The Regular Council Meeting was resumed at 7:00 p.m. following the public hearings on four zoning applications. Mayor Luby called for petitions or discussion from the audience. Mr. Alan L. Gallagher, Attorney representing Richard Herschbach, an employee of the Fire Department, called the Council's attention to a memorandum from him, with attached documents, which had been placed; before them. Mr. Gallagher stated that he is representing Mr. Herschbach on the recommendation of the Civil Service Commission on the question of whether Standard Instructions 1-11-1, dated July 7, 1975, is being correctly applied by the City Manager. Mr. Gallagher related the history of Mr. Herschbach's appearance before the Council on November 10, 1976 in connection with the City Manager's recommendation 1 that an ordinance be passed deleting four budgeted fire alarm operator positions and replacing them with four fire dispatcher positions. Mr. Gallagher stated that fol- lowing Mr. Herschbach's appearance before the Council, he received a letter from the City Manager, copy of which was placed in his personnel file, citing that the appearance was in violation of Standard Instruction 1-11-1, which prohibits employ- ees from appearing before the Council except as private citizens on matters not related to employment. He further stated that attached to the memorandum from the City Manager was an older and stricter version of Standard Instruction 1-11-1. Mr. Gallagher further stated that he feels that this Standard Instruction is unfair to the employees because they are forbidden to appear before the Council, and the implication is that their jobs might be jeopardized if they do so. City Manager Townsend responded by stating the he is sure that Mr. Herschbach and Mr. Gallagher are aware that the wrong Standard Instruction was attached to his memorandum to Mr. Herschbach and placed in his personnel folder in error, simply because the wrong Standard Instruction was copied by a staff secretary. He fur- ther stated that Mr. Herschbach appeared before the Council not as a private citizen Minutes Regular Council Meeting May 25, 1977 Page 18 on a private matter, but as an employee on a job-related matter, which is in viola- tion of Standard Instruction 1-11-1, and that the memorandum written to him as a warning that disciplinary action would be taken if such an incident occurred again when the subject employee had not gone through the proper channels before appearing before the Council. Mr. Gallagher stated that City Manager Townsend was not present at the meeting in question, and he alleged that the memorandum was a threatening letter. Council Member Gulley stated that it is his understanding that employees may appear before the Council on private matters, but when a fire captain comes before the Council to discuss a matter pertaining to the Fire Department, he is in violation of Standard Instruction 1-11-1, because such a matter is clearly job-related. Mayor Pro Tem de Ases suggested that the Council take some time to consider this matter and that further discussion be delayed. Council Member Diaz inquired of Mr. Gallagher if Mr. Herschbach had suf- fered any damages since the memorandum from City Manager Townsend had been placed in his personnel file. Mr. Gallagher stated that he had not. (After consulting with Mr. Herschbach later in the meeting, Mr. Gallagher stated that Mr. Herschbach contended that he had suffered some detrimental changes as a result of the memo.) *Council Member Gill departed the meeting at 7:25 p.m. City Manager Townsend reminded the Council of the COG meeting scheduled for Friday and discussed some of the items to be considered. Mayor Luby called for further discussion from the audience. Mr. S. H. Segal, 5314 Sugar Creek, appeared and stated that he is the Chairman of the Park Committee of the Country Club Estates Association. Mr. Segal stated that this organization would like to register a complaint in regard to the condition of a park bordered by St. Andrews, Walton, and Sugar Creek, citing that there is improper maintenance of the park and pointed out that there is standing water, weeds, etc., in the park. He stated that he had called a number of offices in City Hall to report this, but nothing had been done. City Manager Townsend stated that there are two areas involved -- a sanitary landfill which needs to be graded by the Sanitation Division, and the park which should be maintained by the Park Minutes Regular Council Meeting May 25, 1977 Page 19 Department, and assured Mr. Segal that the area will be graded and the weeds cut. Mr. Bob Koimn, Architect, next appeared in connection with the plaza for the proposed Mexican -American Cultural Center. He introduced Mr. Tony Dominguez, Vice Chairman of the group that is working on this project. Mr. Dominguez stated that the citizens who wanted to address this matter had departed the meeting. He stated that they had planned to request that this project be given higher pri- ority on the EDA funding list. Due to the late hour, Mr. Dominguez requested that this matter be discussed next week. Council Member Lozano explained that of the total list of priority items on the EDA funding list, the City only expected to receive funds for three or four. Mayor Pro Tem de Ases assured Mr. Koimn and Mr. Dominguez that they will be allowed to make their presentation at 3:00 p.m. on June 1, 1977. Other Council Members agreed. Mr. P. R. Ochoa, 1012 Leopard, President of Americans of Texas, stated that he would like to speak in opposition to the proposed Mexican -American Cultural Center. Mayor Luby requested that he appear next week when the matter will be discussed. On Motion by Gulley, seconded by de Ases, and passed unanimously, the Council went into closed session to discuss pending litigation at 7:55 p.m. The Regular Council Meeting was adjourned at 8:07 p.m. May 25, 1977.