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HomeMy WebLinkAboutMinutes City Council - 08/17/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 17, 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 Assistant City Manager Archie N. Walker City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Jason Luby called the meeting to order.in the Council Chamber of City Hall. The invocation was given by the Reverend Msgr. Edward J. Miller of St. Patrick's Catholic Church. City Secretary Read called the roll of required Charter Officers and stated that a quorum was present to conduct a legally constituted meeting. Motion by Diaz that the Minutes of the Regular Council Meetings of July 27, 1977 (Reconvened August 1, 1977) and August 3, 1977 be approved as presented to the Council; seconded by Sample, and passed unanimously. Mayor Luby announced that he had issued a proclamation declaring August 14'through August 20, 1977 as TEXAS PUBLIC EMPLOYEES' WEEK. Mayor Luby recognized Mrs. Carol Karter who introduced two exchange stu- dents -- Miss Eva Larsson from Sweden and Dorthe Svane from Denmark. Mayor Luby welcomed the students to this City. Mayor Luby announced the bid opening for the construction of street improvements in the Casa Blanca, La Arboleda and High Terrace areas. Assistant City Manager Walker requested Mr. James K. Lontos, Director of Engineering and Physical Development, to explain the project and open the bids received. Mr. Lontos informed the Council of the scope of the project, stating that the project includes approximately 3.3 miles of streets bounded by Greenwood Drive, McArthur and Belton Streets, and Port Avenue; the improvements have been petitioned by the property owners and are included in the Third Year Community Development Program; the improvements include construction of curbs, gutters, 4 -foot sidewalks, Minutes Regular Council Meeting August 17, 1977 Page 2 driveways and drainage improvements; and that the project is separated into two phases to allow for contractors to bid either one or both phases if they so desire. The following bids were opened by City Secretary Read and read by Mr. Lontos: Asphalt Maintenance Co., Inc., bidding on Phase A; Heldenfals Brothers, bidding on Phases A and B; APCCO, bidding on Phase B; and Abacus Corporation, bidding on Phases A and B. Mayor Luby announced that the bids will be tabled for 48 hours pursuant to, the requirements of the City Charter for tabulation and recommendation by the City, Staff. Mayor Luby announced the public hearing on a request to close a circular portion of Corona Drive, located generally between Everhart Road and Embassy Drive and Padre Island Drive and Stonegate Way. Assistant City Manager Walker explained that the subdivision developers desire to modify the street to connect with a proposed street in the adjacent pro- perty and eliminate the planned cul-de-sac. He further stated that the affected departments have no objections to the closure. Mr. Tim Clower, the applicant for the street closing, stated that Century Plaza, Inc., has been in the process of development of the property for approxi- mately a year and pointed out the area to be closed to eliminate the previously planned cul-de-sac and to widen Corona Drive at the entrance to the cul-de-sac. Mr. Lontos stated that the City would require a dedication of land by the developer in order to provide a continuous street on Corona Drive. Mayor Luby inquired if anyone in the audience was in opposition to the proposed closure. There was no response. Motion by Lozano that the hearing be closed; seconded by Diaz, and passed unanimously. Motion by Lozano that the request be granted and that portion of Corona Drive be closed; seconded by Diaz, and passed unanimously. Assistant City Manager Walker informed the Council that the ordinance closing this portion of Corona Drive will be on the agenda next week. Minutes Regular Council Meeting August 17, 1977 Page 3 Mayor Luby called for the City Manager's Reports. Assistant City Manager Walker presented the following items with related explanation and comments: a. Recommendation that a public hearing be held at 2:00 p.m. during the Regu- lar Council Meeting on August 24, 1977 to consider the following proposed amendments to the Sanitary Sewer and Drainage Master Plans: (1) Include in the Sanitary Sewer Master Plan all the area along Everhart Road south of Saratoga which could be tied into the existing gravity line in Everhart by gravity without the use of lift stations and with the stipulation that no area outside the present boundary will be tied to the system until financing has been arranged for improvements to the Oso Plant and the trunk main to the Everhart lift station. (2) Include in the Drainage Plan extension of a 72" diameter storm sewer outfall in Everhart Road south of County Road No. 19 to drain an area of approximately 120 acres east of Everhart and south of Snowgoose Drive. The amendment is conditioned upon developers constructing the line at their cost from the boun- dary of their subdivisions to the outfall, a distance of approximately 2,600'. b. Recommendation that the bid award on portable chemical toilet service (approximately 16) be made to Skid -O -Kan of Corpus Christi on the basis of low bid of $8,083.20. Bids were received from 2 firms. Price compari- son shows a decrease of approximately 1%. c. Recommendation that 4 items of brass angle ball meter stops be purchased from Sea Garden Sales Company, Inc., of Harlingen on the basis of low bid of $19,318.25. Bids were received from 3 firms. Price comparison shows an increase of .5%. d. Recommendation that the bid award on 16 items of cast iron tapping saddles, 12" through 18", be made to American Cast Iron Pipe of Dallas on the basis of the only bid received on $4,324.55. Price comparison shows a decrease of 1.04%. e. Recommendation that the bid award on 3 items of pipe line enamel, primer and felt be made to Midwest Pipe Line Products Company of Houston on the basis of low bid of $6,125. Bids were received from 4 firms. Price com- parison shows an increase of approximately 25%. f. Recommendation that the bid award on an annual supply of lubricated plug valves be made to the following firm on the basis of low bid meeting spe- cifications: Norvell-Wilder Supply, Corpus Christi Lot I - 10 items of flanged end lubricated plug valves $18,921.76 Lot II - 4 items of weld end lubricated plug valves 18,704.19 TOTAL: $37,625.95 The apparent low bid submitted by McAllen Pipe and Supply, Corpus Christi, on Lot I of $16,937.52 is not recommended because the valve bid has cylin- drical plugs not tapered plugs as specified. The apparent low bid of $36,871.45 submitted by Esco Supply, Corpus Christi, is also not recom- mended because the bid was not signed as required by the specifications. Bids were received from 5 firms. Price comparison shows an increase of 6.4%. 1 Minutes Regular Council Meeting August 17, 1977 Page 4 g. Recommendation that the bid award on 870 barrels of bulk portland cement be made to Centex Cement Corporation of Corpus Christi on the basis of the only bid received of $6,746.85. Price comparison shows an increase of 8.41%. h. Recommendation that bid award on annual requirements of blueprint services be made to Professional Supply Company, Corpus Christi, on the basis of low bid of $12,873.33. Bids were received from 4 firms. Price reflects an increase of 2%. i. Recommendation that bid award on temperature control equipment maintenance be made to the following firms fo_r a period of three years: Honeywell, Inc., San Antonio, Texas (City Hall. Utilities Bldg., La Retama and Greenwood Libraries) Powers Regulators, Houston, Texas (Police Bldg., Corpus Christi Museum, International Airport and Parkdale Library) TOTAL ANNUALLY: 3 -Yr. Period: $ 2,216.00 5,272.00 $ 7,272.00 $21,816.00 The apparent low bid of $684 on La Retama Library by Powers Regulators is not recommended because it is subject to fluctuation and is only $12 less than the $696 firm bid by Honeywell,Inc. Bids were received from 2 firms. Price reflects an increase of 24%. j. Recommendation that the bid award on an annual supply of gas and water meters be made to the following firms: Rockwell Manufacturing Company, Houston, Texas Item 1 - 500 ea. 175 cu. ft. gas meters $18,900.00 Item 3 - 8 ea. 1,600 cu. ft. gas meters 1,656.00 Item 4 - 5 ea. 3,000 cu. ft. gas meters 2,320.00 Item 5 - 2 ea. 5,000 cu. ft. gas meters 1,490.00 Item 6 - 10 ea. 10,000 cu. ft. gas meters 11,800.00 Item 7 - 10 ea. automatic pressure correcting instru- 3,800.00 ments Item 13 - 10 ea. 3" compound type water meters 5,850.00 Item 14 - 2 ea. compound type water meters 1,930.00 $47,746.00 Sprague Meter Company, Bridgeport, Connecticut Item 2 - 15 ea. 415 cu. ft. gas meters $ 1,147.50 Neptune Water Meter Company, Dallas, Texas Item 8 - 1,200 ea. 5/8" x 3/4" displacement type water meters $30,720.00 Item 9 - 75 ea. 3/4" displacement type water meters 2,651.25 Item 10 - 75 ea. 1" displacement type water meters 4,110.00 Item 11 - 50 ea. 11" displacement type water meters 5,905.00 Item 12 - 35 ea. 2" displacement type water meters 6,189.75 $49,576.00 GRAND TOTAL: $98,469.50 The apparent low bid of $18,250 by Universal Lancaster, Inc. of Lancaster, Ohio on Item 1 is not recommended because of maintenance problems exper- ienced with this company's meters in the past. The apparent low bids of $24,960, $1,971 and $3,375 by Badger Meter, Inc. of Milwaukee, Wisconsin on Items 8, 9 and 10, respectively, are on meters with a plastic case instead of bronze as specified. Also, the apparent low bids of $28,608, $2,058.75, $4,066.50, $5,469, $6,086.85 and $1,878.98 on Items 8-12 and 14, respectively, by Alamo Iron Works, Corpus Christi, are for a multi - jet not positive displacement, meter as specified. Bids were received from 9 firms. Price comparison shows an increase of 1%. Also, 50 Linco multi -jet meters will be purchased and installed for test purposes. Mint .s Regular Council Meeting August 17, 1977 Page 5 k. Recommendation that 18 used Transit buses be sold to Mid Gulf Service Com- pany, Corpus Christi, on the basis of high bid of $9,000. No bids were received at the formal bid opening on June 20, 1977. Contacts made since then have resulted in the receipt of 3 bids. The buses are no longer needed because of the 15 new buses purchased with assistance of an Urban Mass Transportation Administration grant. The buses range in age from 15 to 24 years old. 1. Recommendation that a permit be granted to Sun Oil Co. to drill a 12,800 ft. well approximately 2 miles south of Ingleside in the west corner of State Tract 424 in Corpus Christi Bay. The well will be drilled as a straight hole at a regular location. No exceptions to the Bay Drilling Ordinance have been requested. m. Recommendation that a .911 acre parcel for Gas Division parking be acquired from Mr. William 0. Browder and Mr. Joe R. Clark for $75,000. This parcel is located adjacent to the Gas Division with frontage on both Port Avenue and the Crosstown Frontage Road and is needed•to provide employee parking. This purchase is included in the Gas Division 1977-78 Budget. n. Recommendation that a revocable easement be granted to Gull Investments, Inc., Mr. Donald E. Hanna, President, for the construction of a canopy on the north side of Antelope along Lot 7, Block 34, Bluff Portion between Waco and Artesian Streets. The easement is approximately 50' long by 5' wide. The canopy will be constructed over the main entrance to the res- taurant on the lot. o. Recommendation that the Bayfront Area Improvement project be accepted and final payment of $9,106.43 for a total of $32,420.30 be made to R. S. Black. This project included the North Channel Parking Lot, a service drive and sidewalk at the Harbor Playhouse, sidewalk ramps on East Shoreline Boule- vard at the T -Head and the L -Head entrances and a storm sewer at the City Hall parking lot. A time extension of 24 days is recommended to cover delays beyond the control of the contractor. P• q• Recommendation that the contract with the National Council on the Aging, approved by the City Council on June 8, 1977, authorizing the acceptance of $91,600 for the establishment of 32 part-time jobs for the elderly be amended to reflect 52 jobs and $140,000 in funding. The local share of $20,768 will be increased to $32,500 for a total planned expenditure of $172,500. All of the City's contribution is in-kind, with no cash being required. The program is administered by the City's Work Experience Division and provides employment for disadvantaged persons 55 years of age or older. The program is funded through June 30, 1978. Recommendation that authority be granted to execute a Title II Comprehen- sive Employment and Training Act contract modification extending the contract date from September 30 to November 16, 1977, increasing it $333,484 from $598,851 to $932,335 to extend 36 Title II positions from September 30 to November 16 and create 74 additional positions. The recommended additional 74 positions consist of jobs funded in conjunction with Title VI special projects as well as jobs recommended for funding under Title II rather than Title VI. The other agencies' positions include Flour Bluff ISD - 3 positions; West Oso ISD - 10 positions; Texas Youth Council - 3 positions; and Corpus Christi State University - 14 positions. The contract will be further modified at a later date to extend it from November 16, 1977 through November 16, 1978. The proposed contract will provide $779,635 in wages, $122,700 in fringe benefits and $30,000 in administrative costs. Minutes Regular Council Meeting August 17, 1977 Page 6 r. Recommendation that the contract with the Texas Water Quality Board be renewed for the City -County laboratory to continue to provide laboratory services on a charge -for services basis from September 1, 1977 through August 31, 1978 at a maximum cost of $30,000. This contract was initially entered into in January, 1975. Approximately 100 samples per month will be analyzed. s. Recommendation that contracts be approved with the State Department of Highways and Public Transportation and Wilbur Smith and Associates, Con- sulting Engineers, to analyze all aspects of school access safety, review existing programs and make recommendations for improvements. Total cost is $21,500, which will be 100% reimbursed by the Office of Traffic Safety. t. Recommendation that the contract with the Corpus Christi Fire Fighters' Association be extended through August 31, 1977. Assistant City Manager Walker stated that the reason for the extension of the Firefighters' contract, as recommended in Item "t", is that the extension pro- vided by the Council will expire at midnight Friday, August 19, 1977, and it is necessary to extend the contract to allow time for the firefighters to vote on the proposed contract starting a week from today and continuing Wednesday, Thursday, and Friday. In the temporary absence of Mayor Luby, Mayor Pro Tem de Ases, as presiding officer, called for questions from the Council on the City Manager's Reports. Council Member Gill inquired if the pay increase for the firefighters will be retroactive. Assistant City Manager Walker assured her that the salary increase would be retroactive back to August 1, 1977, when the new contract is signed. In regard to Item "n", which recommended that a revocable easement be granted for the construction of a canopy, Mayor Pro Tem de Ases inquired if the building involved is a restaurant. Assistant City Manager Walker informed him later in the meeting that the name of the restaurant is the "Coney Island", indi- cating that the information was obtained through use of the photologging equipment in the Traffic and Transit Department. In reference to Item "h", Council Member Sample asked for an explanation of the type of blueprint services that are being performed on a bid basis. Mr. Lontos explained that the facilities in the Engineering and Physical Development Department are inadequate to print large sets of plans for some of the Minutes Regular Council Meeting August 17, 1977 Page 7 larger projects which require so many copies. He further explained that there is a lack of space for printing facilities, and it would require a full-time employee to perform printing services for all departments of the City. Council Member Sample requested a memorandum from the staff which would substantiate the need for outside blueprint services. Mr. Sample pointed out that $13,000, which is the amount of the bid award for the annual requirements of blue- print services, might be of more use by providing facilities for printing in the City offices. In regard to Item "t", which recommends the extension of the firefighters' contract, Council Member Sample inquired about the necessity of this if the salary increase is to be retroactive. Assistant City Manager Walker stated that the firefighters would be without a contract if it is not extended, and the City would not have any authority to pay existing salaries. Council Member Sample suggested that negotiations with the firefighters and policemen be started earlier next year in order to avoid the extensions on the contract with the firefighters, indicating that he does not approve of extending a contract until a new contract is approved. Assistant City Manager Walker assured him that negotiations will be started earlier next year, and there will be a continuing clause in the contracts for both policemen and firefighters next year. Motion by Sample that the City Manager's Reports be accepted; seconded by Diaz, and passed unanimously. Mayor Luby announced the appointment of members to the 1977 Committee on Beach Projects and read the following letter addressed to the City Council, City Manager, City Secretary and the Public: "As mentioned in the August 3, 1977 council meeting, I am reappointing the Corpus Christi North Beach Committee. This necessary action is prompted because of activity that will follow completion of the beach restoration program, drain problems and other concerns. "Dr. Hans Suter will serve as Chairman of the North Beach Committee along with many of the original members of the committee and a number of new appointees. A list is attached for your reference." Signed: Jason Luby, Mayor Minutes Regular Council Meeting August 17, 1977 Page 8 The following members were appointed to the Committee by Mayor Luby: Dr. Hans Suter, Chairman Bobby Young, Jr. Arlin Yeager, Jr. Larry J. Bemen Joe Tanner W. M. (Bill) Martin Mrs. Levi Matern David Saenz Robert Tijerina James A. Dolan Bob La Bonte Jeff Kronke Ben Garza William Bonilla Mrs. K. McCracken Dr. M. L. Norwell Ms. Betty Harris W. F. Faucett Mrs. Helen Royal R. F. Williams Alex Chapa, III Douglas Williams E. T. Clough Jack Davis Fred Lerma Kermit Stewart Jesus Leija Mrs. Dorothy Spann Mayor Luby called for presentation of the ordinances. Assistant City Manager Walker briefly explained the ordinances. Mayor Luby invited comments from members of the Council on the ordinances. Council Member Gill inquired if the ordinance involving CETA, listed as Item "g", had been before the Consortium. Mayor Luby informed her that it had been before the Executive Committee of the Consortium. There being no further discussion on the ordinances, City Secretary Read polled the Council for their votes, and the following ordinances were approved: SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-254, SECTION V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, SO AS TO PROVIDE FOR SPEED LIMITS OF 55 MPH AT ALL TIMES ON SARATOGA BOULEVARD (S.H. 357), THAT PORTION WITHIN THE CITY LIMITS, EXCEPT WHEN SCHOOL LIMIT FLASHERS INDICATING 35 MPH ARE DISPIAYED 250 FEET FROM EACH SIDE OF EAST SHEA PARKWAY; PROVIDING FOR PUBLICATION. 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. 13887: AMENDING ORDINANCE NO. 3658, AS AMENDED, BY ADOPTING A NEW CODING SYSTEM TO REFLECT A CHANGE FROM ALPHANUMERIC CODE TO A NUMERIC CODE, AS REFLECTED IN THE REVISED PRINTING OF THE COMPENSATION AND CLASSIFICATION PLAN, DATED APRIL 27, 1977, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A", AND MADE A PART HEREOF; AMENDING SECTION 250, CLASSIFICATION PIAN FOR ALL POSITIONS IN THE CLASSIFIED SERVICE, OF SAID ORDINANCE NO. 3658, BY CHAFING CERTAIN POSITION TITLES, CODES, AND CIASS GRADES; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the third time and passed finally by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "Nay". Minutes Regular Council Meeting August 17, 1977 Page 9 THIRD READING - ORDINANCE NO. 13888: AMENDING ORDINANCE NO. 8127, AS AMENDED, BY ADOPTING A NEW CODING SYSTEM TO REFLECT A CHANGE FROM ALPHANUMERIC CODE TO A NUMERIC CODE, AS REFLECTED IN THE REVISED PRINTING OF THE COMPENSATION AND CLASSIFICATION PLAN DATED APRIL 27, 1977, MADE A PART HEREOF BY REFERENCE; AMENDING SUBSECTION 501 OF SAID ORDINANCE, AS AMENDED, BY AMENDING THE LAST SENTENCE THEREOF SO AS TO INCLUDE IN THE SEPARATE SALARY SCHEDULE ATTACHED TO THE POSITIONS OF TEMPORARY AND PART-TIME EMPLOYEES, AND ATTACHING NEW SALARY SCHEDULES; AMENDING SUBSECTION 510 BY CHANGING CERTAIN POSITION TITLES, BY DELETING CERTAIN POSITION TITLES, AND BY ESTABLISHING NEW POSITIONS, AS MORE FULLY SET FORTH HEREIN; AMENDING SECTION 700, SPECIAL COMPENSATION PROVISIONS, BY AMENDING SUBSECTIONS 702.1 AND 702.2, ESTABLISHING NEW SUBSECTIONS 702.3 AND 702.4, AND RENUMBERING THE PRESENT SUBSECTION 702.3 AS 702.5; ESTABLISHING A NEW SUBSECTION TO BE NUMBERED 703, TO PROVIDE FOR PRODUCTIVITY PROGRAM IN THE MAINTENANCE SERVICES DEPARTMENT; ESTABLISHING A NEW SUBSECTION TO BE NUMBERED 704, CLOTHING AND EQUIPMENT; ESTABLISHING A NEW SUBSECTION TO BE NUMBERED 705, TO PROVIDE FOR FIELD TRAINING OFFICER PAY; AMENDING SUBSECTION 802, OVERTIME COMPENSATION, TO PROVIDE FOR OVERTIME FOR DUTIES OTHER THAN NORMALLY ATTENDANT TO MANAGEMENT RESPONSIBILITY; AMENDING SUBSECTION 850.1 BY PROVIDING FOR MINIMUM MILEAGE ALLOWANCE TO BE ADDED TO THE TRAVEL SCHEDULE; AMENDING SUBSECTION 900.3 CONCERNING OVERTIME COMPENSATION FOR MONTHLY SALARIED EMPLOYEES IN POSITIONS OF GRADE 22 OR BELOW, WITH CERTAIN EXCEPTIONS; AMENDING SUBSECTION 951.1 CONCERNING BASIS AND PAYMENT OF VACATION LEAVE; AMENDING SUBSECTION 951.6 RELATIVE TO PAYMENT OF ACCRUED VACATION TO RETIRING EMPLOYEES; AMENDING SUBSECTION 952.1 CONCERNING SICK LEAVE WITH PAY FOR EMPLOYEES OTHER THAN PART-TIME, TEMPORARY AND POLICE AND FIREFIGHTING PERSONNEL; AMENDING SUBSECTION 952.2 BY AMENDING THE DEFINITION OF "IMMEDIATE FAMILY"; AMENDING SUBSECTION 952.3 CONCERNING PAYMENT FOR ACCUMULATED SICK LEAVE UPON TERMINATION OF CITY EMPLOYMENT; AMENDING SUBSECTION 957.1 CONCERNING ACCRUAL OF VACATION DAYS FOR FIREMEN AND POLICEMEN; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE. The foregoing ordinance waa read for the third time and passed finally by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "Aye" on all parts except the following: transfer of salary grades 23 and 24 to the supervisory and managerial salary schedule to recognize actual duties of these positions; adopt new titles without any change in salaries; delete certain position titles which are no longer used; add additional position titles with no change in salary; and add a productivity program for mechanics in Maintenance Services with a 5% or 10% bonus for production 10 or 25% over standard. THIRD READING - ORDINANCE NO. 13889: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING ARTICLE II, MARINA, SECTION 12-61, "RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK SPACE - SCHEDULE AND REGULATION" FOR THE PURPOSE OF PRESCRIBING CURRENT AND APPROPRIATE RATES IN THE CORPUS CHRISTI MARINA; PROVIDING FORA FIAT FEE CHARGE TO BE ADDED TO THE MONTHLY SLIP RENTS FOR ALL PLEASURE CRAFT SLIPS BEING PROVIDED WITH A SHORE -POWER OUTLET FOR ELECTRICITY; PROVIDING FOR METERING FOR ELECTRICITY USAGE AT THE SLIP SHORE - POWER OUTLETS FOR BOATS 40 FEET AND OVER: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "Nay". ORDINANCE NO. 13890: GRANTING A REVOCABLE EASEMENT TO GULL INVESTMENTS, INC., OVER THE RIGHT-OF-WAY OF ANTELOPE BETWEEN WACO AND ARTESIAN STREETS FOR THE CONSTRUCTION OF A CANOPY, SAID EASEMENT EXTENDING 5' INTO THE CITY RIGHT-OF-WAY AND BEING APPROXIMATELY 50' LONG, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED "EXHIBIT A"; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 17, 1977 Page 10 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. 13891: AUTHORIZING THE CITY MANAGER TO EXECUTE.A CONTRACT MODIFICATION BETWEEN THE CITY OF CORPUS CHRISTI AND THE NATIONAL COUNCIL ON THE AGING PROVIDING FOR AN INCREASE IN FUNDING TO $140,000 AND INCREASING THE PART-TIME JOBS FOR THE ELDERLY TO 52, ALL AS MORE FULLY SET FORTH IN THE CONTRACT MODIFICATION, A SUBSTANTIAL COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HEREOF, MARKED "EXHIBIT A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER RELATED CONTRACTS, MODIFICATIONS, EXTENSIONS, RENEWALS, OR OTHER DOCUMENTATION REQUIRED IN THE IMPLEMENTATION AND CONTINUATION OF THE AFORESAID PROGRAM; 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. 13892: AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE II COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATION EXTENDING THE CONTRACT DATE FROM SEPTEMBER 30, 1977 TO NOVEMBER 16, 1977 AND INCREASING THE FY 77 CONTRACT FROM $598,851 TO $932,335 AND THE TOTAL CONTRACT FROM $1,822,300 TO $2,155,784, ALL AS MORE FULLY SET FOUR IN THE CONTRACT MODIFICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED "EXHIBIT A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS TO EXTEND THE AFORESAID PROJECT TO NOVEMBER 16, 1977; 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. 13893: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, OFFICE OF TRAFFIC SAFETY, TO FUND A PROGRAM TO DEVELOP A PLAN AND IMPLEMENTATION PROGRAM FOR SCHOOL SAFETY IMPROVEMENTS; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND WILBUR SMITH & ASSOCIATES, INC., AN ENGINEERING CONSULTING FIRM, TO UNDERTAKE THIS ASSIGNMENT, ALL AS MORE FULLY SET FORTH IN THE RESPECTIVE PROGRAM CONTRACTS, A COPY OF EACH, IN SUB- STANTIALLY THE SAME FORM, BEING ATTACHED HERETO, MARKED "EXHIBITS 'A' AND 'B"', 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. 13894: AUTHORIZING RENEWAL OF THE CONTRACT WITH THE TEXAS WATER QUALITY BOARD FOR THE CITY -COUNTY LABORATORY TO CONTINUE TO PROVIDE LABORATORY SERVICES ON A CHARGE -FOR - SERVICES BASIS FOR THE PERIOD SEPTEMBER 1, 1977 THROUGH AUGUST 31, 1978, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS 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". Minutes Regular Council Meeting August 17, 1977 Page 11 ORDINANCE NO. 13895: AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITION OF PARCEL NO. 1, GAS DIVISION PARKING AREA EXPANSION PROJECT, FROM THE OWNERS, WILLIAM O. BROWDER AND JOE R. CLARK; APPROPRIATING AND REAPPROPRTATING OUT OF THE NO. 106 GAS FUND, ACTIVITY 5251, CODE 501 $75,550.50, OF WHICH AMOUNT $75,000 IS FOR ACQUISITION AND $550.50 IS FOR COSTS RELATED TO CLOSING; 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". Council Member Sample questioned Mayor Luby about the Committee on Beach Projects he had appointed. Mayor Luby explained that in 1973 he had appointed members to a Corpus Christi Beach Committee; they did a good job; and he is reactivating the committee since a great deal of work is planned for the beach at this time. He further explained that some of the members of the reactivated committee were former mem- bers of that committee, and some of them are new appointees. Mayor Luby then stated that the Council is welcome to name others to the committee if they desire. Mayor Luby called for discussion or petitions from members of the audience and recognized Mr. Joe McManus. Mr. McManus, Realtor, 509 N. Water Street, stated that he was at the meet- ing to discuss the extension of the water line in the Flour Bluff area, or in particular to request relief on a situation involving replatting of a tract of land located on Yorktown Boulevard approximately 600' west of Flour Bluff Drive. Mr. McManus informed the Council that the 20 -acre tract of land (legal descrip- tion is Lots 9 and 10, Block 1, Wedgewood Terrace, Unit II) had been sold to two different people, one of whom was Raymond Gregor. He stated that Mr. Gregor had been unable to'build because of a drainage problem, and now there is a problem with water requirements, since the Platting Ordinance specifies that if a water line is within one mile of a subdivision, then the subdivider must bring the water line to the subdivision. Mr. McManus stated that this would represent a cost of $35,000 to the one person who is ready to build on the property. Mr. McManus informed the Council that he had discussed this matter with Mr. Wayne Tibbets of the Water Division and Mr. Douglas Matthews, Director of Public Utilities, who had ascertained from the City Manager that there is the Minutes Regular Council Meeting August 17, 1977 Page 12 possibility that the City will extend the water line at some future date; however, there are no funds for this extension at this time. Mr. McManus stated that he is, therefore, requesting a deviation from the Platting Ordinance to eliminate the water line requirements on this plat so that the lots can be developed. He stated that the water line requirement is the only thing holding up plat approval. Assistant City Manager Walker stated that the City feels that with the existing Platting Ordinance, the water line requirement should be adhered to, since the reason the ordinance is in existence is to be sure that land cannot be developed without available water or sewer service. He stated further that the only practical way to solve this problem is to amend the Platting Ordinance, and this action would affect handling of plats in the future. Mr. McManus pointed out that this is not a subdivision, but just one man who wants to build one house, mentioning also that it is a hardship case. Mayor Pro Tem de Ases inquired of Mr. McManus what he is requesting the Council to do. Mr. McManus replied that he would just like to have the Council waive the water line requirement for this one lot, since there is a well on it. Mayor Pro Tem de Ases requested that the staff bring a recommendation of a possible solution to this problem next week. Council Member Gill mentioned the fact that similar problems are fre- quently presented to the Council involving land that is sold, then development is started, after which the owner discovers that they are not in compliance with the Platting Ordinance. She asked Mr. McManus why he sold the property to Mr. Gregor without making him aware that these requirements exist. Mr. McManus indicated that he did not know that the water line exten- sion was required at the time the land was sold. Council Member Gill then suggested the formation of a committee composed of interested citizens, representatives of lending agencies and banking firms, and staff people to examine the platting requirements. She expressed sympathy for individuals faced with such problems. Assistant City Manager Walker stated that the purpose of the Platting Ordinance is to eliminate such problems as this, and it does if everyone follows Minutes Regular Council Meeting August 17, 1977 Page 13 the law. Mr. Walker pointed out that the property is not supposed to be sold until it is platted and until the requirements are met. He admitted that in some cases, the sellers of property are not aware of the requirements of the Platting Ordinance. Council Member Lozano pointed out that the mortgage bankers and developers of property nearly always know about the Platting Ordinance, but they sometimes fail to inform the buyer about the requirements when property is sold. Assistant City Manager Walker stated that the staff will attempt to have a recommendation on this particular problem. Council Member Gill inquired if there is any way that the Council could require that the banking agencies be forced to reveal the requirements of the Platting Ordinance when they loan money for the sale of property, possibly by approval of some legislation to require that the banking institutions inform buyers prior to making the loans. Assistant City Manager Walker indicated that the matter will be studied by the staff. * * * * * * Mrs. Lilliam P. Rothman, Rothman's Income Tax Service, 521 Santa Monica Place, addressed the Council at this time. She stated that she planned to arrange to have a community Christmas Party for all children, under the sponsorship of American Legion Post No. 364 and she is requesting Council approval of the cam- paign to conduct a Christmas party for underprivileged children, stating that she had already received the endorsement of Mayor Luby. Mrs. Rothman related that in a discussion with City Secretary Read, that he had indicated that this is not a "first" Christmas party for underprivileged, but after checking several sources, she had ascertained that Christmas parties had been held for certain groups, but never on a City-wide basis. Mrs. Rothman outlined her plan for the Christmas party, stating that she wanted to use Exposition Hall one day during the week of Christmas; she proposes to arrange for television coverage of the event; and stated that Mayor Luby has Minutes Regular Council Meeting August 17, 1977 Page 14 agreed to participate; that she had been in contact with officers of the American Legion Post No. 364 on August 17, and they had agreed to discuss the program with her at a meeting scheduled for the evening of August 17. Council Member Diaz mentioned that City Secretary Read did not require defending, but he was sure that when Mr. Read had informed Mrs. Rothman that this was not the first time similar Christmas parties had been held, he was referring to the Christmas parties that have been conducted for many years, previously spon- sored by Mr. Joe Simon, and now being sponsored by Mr. Joe Salem. He further stated that he thought this plan was a wonderful idea. Council Member Gill agreed that this is a nice idea, but mentioned the possibility of Mrs. Rothman cooperating with the Salvation Army in regard to her plan for collecting items for Christmas baskets for the needy so that her efforts would not conflict or duplicate their annual project for the same purpose. Mrs. Rothman stated that she would just be supplementing their services. She continued by stating that Mr. Read had indicated that her organization was not a non-profit organization and read from a state law which designated that the American Legion is a non-profit organization. City Secretary Read offered an explanation of the discussion he had with Mrs. Rothman on Tuesday, August 16, pointing out that the printed proposal she had placed before the Council earlier during today's meeting was different from the one she had brought to his office the previous day in that her first proposal, copies of which had not been distributed to the Council, at her request, indicated that the program would be sponsored by Rothman's Income Tax Service, which is not in the non-profit organization category; whereas, her proposal presented to the Council today indicated that the event will be sponsored by American Legion Post No. 364. Mr. Read further pointed out that a solicitations permit must be obtained, and this can be issued only if an event is sponsored by a non-profit organization. Mayor Pro Tem de Ases, speaking as a member of the Salvation Army Board, stated that he would approve of a Christmas party for needy children, but sug- gested that Mrs. Rothman contact the Salvation Army and possibly work with them Minutes Regular Council Meeting August 17, 1977 Page 15 on the distribution of Christmas baskets of food to needy families. Mr. de Ases asked Mrs. Rothman if she is asking for endorsement of her proposal for the Christmas party by the Council. Mrs. Rothman indicated that she was. Mayor Pro Tem de Ases stated that he felt that it is the consensus of the Council that it is a good idea and he would like to wish them good luck on the project. * * * * * * Mr. David Saenz, 1430 - 17th Street, addressed the Council at this time and stated that he is opposed to the inequities in the taxing system of the City. He questioned why the Council is hearing the charges brought by Timoteo Gonzalez against Council Member Bob Gulley, indicating that he did not feel they could be impartial. He stated that as a result of those charges, it had been disclosed that Council Member Gulley had obtained a loan from the Small Business Adminis- tration, using as collateral his property which was valued at one-quarter of a million dollars, and at the same time, this property was listed on the tax rolls for $11,050. Council Member Lozano stated that he is not aware of what values are listed on the tax rolls for certain property and does not feel that it is neces- sary for the Council to know the values listed on the tax rolls for any property owner, Mr. Saenz stated that he just felt that the tax rolls are inequitable and expressed the feeling that he would like to see the matter involving Council Member Gulley and City Manager Townsend settled in court rather than by the Council. Council Member Diaz explained to Mr. Saenz that the Council would be impartial when hearing the charges brought by Mr. Timoteo Gonzalez. Mayor Luby announced the public hearings on zoning cases. Assistant City Manager Walker stated that Chief Planner Larry Wenger would explain the various zoning cases on the agenda. Chief Planner Larry Wenger stated that the first case was for Application No.777-3, Mr. James Statler, Trustee, for a change of zoning from "R -1B" One - Family Dwelling District to "B-4" General Business District on Lots 18 thru 22, 43 Minutes Regular Council Meeting August 17, 1977 Page 16 thru 47, Block 11, Flour Bluff Park, located between Flour Bluff Drive and McDonald Street, approximately 200 feet north of South Padre Island Drive. Mr. Wenger stated that the Planning Commission recommends approval, and the Planning Staff recommends approval also. Mr. Wenger pointed out the area on the zoning and land use map, explained the land use in the surrounding area, and showed slides of the area. Mayor Luby asked if anyone in the audience was in opposition to this change of zoning. There was no response. Motion by de Ases that the hearing be closed; seconded by Diaz, and passed unanimously. Motion by de Ases that the recommendation of the Planning Commission and Planning Staff be accepted and that the zoning on Lots 18 thru 22 and Lots 43 thru 47, Block 11, Flour Bluff Park be changed from "R -1B" to "B-4"; seconded by Diaz, and passed unanimously. Chief Planner Wenger announced the public hearing on Application No. 777-5, Drs. Carlos Wigoda, William Inserni and Bill Albarado, for change of zoning from "A-1" Apartment House District to "B-4" General Business District on Lots 4 thru 7, Block 1, Roosevelt Place, located on the south side of Headley Street, approximately 430 feet east of South Port Avenue. Mr. Wenger stated that the Planning Commission recommends approval and the Planning Staff recommends denial but in lieu thereof grant "AB" to establish a buffer between the residential area to the south and east and business zoning along Morgan Street. Mr. Wenger pointed out the area on the zoning and land use map, explained the land use in the surrounding area, and showed slides of the area in question. He stated that the applicants plan to establish doctors' offices and a restaurant on the property. Mayor Luby inquired if anyone in the audience was in opposition to the change of zoning. No one responded. Mr. Romeo Garcia of the Planning Commission indicated that he was present at the meeting to answer any questions the Council might have. Minutes Regular Council Meeting August 17, 1977 Page 17 Council Member Gill inquired of Mr. Garcia why the Planning Commission had not recommended that the zoning be changed to "AB" on the portion of the pro- perty to be used to construct doctors' offices and "B-4" on the portion to be used for a restaurant. Mr. Garcia stated that the Planning Commission did not explore this aspect and felt that the complex would be an improvement in the area. Mayor Luby introduced Mrs. Rosa Gonzales, who is also a member of the Planning Commission. Mr. William H. Raburn, 2510 Headley, appeared in favor of the change of zoning, stating that he thought that the planned development would be an improve- ment to the area. Mr. Orby Roots, Architect representing the applicants,also spoke in favor of the change of zoning. Mr. Roots explained that the present use of the property is for apartments which .are wooden frame buildings; the doctors propose to build a medical center, a small restaurant, or a medical supply firm or other related business firms. He also stated that it is felt that the proper screening facilities will eliminate any problem that might be encountered in the residen- tial property. Mr. Roots introduced the doctors who are making the application and also Dr. Salvador Ortiz, who contemplates renting an office in this location. Assistant City Manager Walker stated that only one letter in opposition had been received in response to the notices of the public hearing sent to property owners in the area. Motion by de Ases that the hearing be closed; seconded by Gulley, and passed unanimously. Motion by Gulley that the recommendation of the Planning Commission be approved and that the zoning on Lots 4 thru 7, Block 1, Roosevelt Place, be changed from "A-1" to "BW -4"; seconded by de Ases, and passed unanimously. * * Chief Planner Wenger announced the public hearing on Application No. 777-6, Mr. H. T. Bailey, Trustee, for a change of zoning from "R -1B" One -Family Dwelling Minutes Regular Council Meeting August 17, 1977 Page 18 District to "I-2" Light Industrial District on a 10.218± acre tract of land out of Lot 4, Section 7, Bohemian Colony Lands, located along the north right-of-way in the 1900 Block of Saratoga. Mr. Wenger stated that both the Planning Commis- sion and the Planning Staff recommend approval of this change of zoning. Mr. Wenger pointed out the area on the zoning and land use map, explained the land use in the surrounding area, and showed slides of the area. No one spoke in connection with this application. Motion by Lozano that the hearing be closed; seconded by Gulley, and passed unanimously. Motion by Lozano that the recommendation of the Planning Commission and Planning Staff be accepted and that the zoning on this portion of Lot 4, Section 7, Bohemian Colony Lands, be changed from "R -1B" to "I-2"; seconded by Diaz, and passed unanimously. * * * * * * Mrs. Rinalda Harshberger, Account Clerk II with the City of Corpus Christi, addressed the Council at this time, stating that she had filed a grievance on June 21, 1977 with City Manager R. Marvin Townsend, which she felt has been ignored, and had, therefore, sent a letter to the City Council requesting a hearing be scheduled on her grievance. Council Member Gulley expressed the opinion that this should go to the Civil Service Board before it comes to the Council. Mrs. Harshberger stated that she had attempted to have it heard before the Civil Service Board; a hearing had been set for August 5, 1977; and the hearing was postponed because there was not enough business on the agenda for that day. Assistant City Manager Walker stated that Mrs. Harshberger had gone through those steps, and City Manager Townsend had drafted a memorandum in regard to the grievance, but it had been delayed because of the necessary work involved in revis- ing the budget. He asked Mrs. Harshberger if she would wait until the City Manager returns to the office and stated that she will receive a letter from the City Manager within two weeks. -t Minutes Regular Council Meeting August 17, 1977 Page 19 Assistant City Manager Walker presented the ordinances pertaining to the zoning cases heard earlier in the meeting. City Secretary Read polled the Council for their vote, and the following ordinances were approved: ORDINANCE NO. 13896: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF .TAMES STATLER, TRUSTEE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 18, 19, 20, 21, 22, 43, 44, 45, 46, & 47, BLOCK 11, FLOUR BLUFF PARK SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; 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. 13897: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF DRS. CARLOS WIGODA, WILLIAM INSERNI AND BILL ALBARADO BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 4 THRU 7, BLOCK 1, ROOSEVELT PLACE, SITUATED IN THE CITY. OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS. AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed bythe following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13898: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF H.T. BAILEY, TRUSTEE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1 THRU 21, BLOCK 7, SARATOGA PLACE SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE; EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; 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". Mayor Luby announced that appointments to boards and commissions will be considered next week. .MICROFILMED, ,SEP 0 31980 Minutes Regular Council Meeting August 17, 1977 Page 20 Council Member Gi11 stated that she had noted that no vacancy was listed on the Industrial Commission, mentioning the ordinance recently passed which spe- cifies thatmembers of boards, commissions and committees must reside in the City. She stated that this ordinance had disqualified Colonel Floyd Buch and indicated that since Dr. Whitney Halladay resides outside the City limits, the position he holds on the Industrial Commission should also be vacated and a new appointment made. City Secretary Read stated that this vacancy will be added to the agenda for next week. * * * * * * Assistant City Manager Walker referred to the appearance before the Council of Mr. David Hotchkiss, who had requested that the Council do something in regard to incidents that had occurred following a traffic accident in which he had been injured. Mr. Walker stated that the staff had investigated the accident and had ascertained that Mr. Hotchkiss had crossed the street against a red light; the driver of the automobile that struck him had a green light; there were three witnesses to the accident; no ticket was issued to the young man who was driving the vehicle; Mr. Hotchkiss had attacked the young man and had created a disturbance at the police station following the accident. * * * * * Mayor Pro Tem de Ases referred to the Council's agreement to close the pools on Mondays and suggested that a lifeguard be on duty on the beach every day, including Mondays. Assistant City Manager Walker stated that this would be done, and a life- guard will be on duty through the Labor Day weekend. There being no further business to come before the Council, on motion by Diaz, seconded by Sample, and passed unanimously, the Regular Council Meeting was adjourned at 4:20 p.m. August 17, 1977.