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
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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.
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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.
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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
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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.