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HomeMy WebLinkAboutMinutes City Council - 05/17/1978MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 17, 1978 2:00 P. M. PRESENT: Mayor Gabe Lozano, Sr: • Mayor Pro Tem Bob Gulley Council Members: David Diaz , City Manager R. Marvin Townsend ' Ruth Gill City Attorney J. Bruce Aycock * Joe Holt - • City Secretary Bill G. Read Tony Juarez, Jr. ' Edward L. Sample Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chamber of City Hall. The Reverend Harold D. Sturm of Lindale Baptist Church gave the invocation. • City Secretary Bill G. Read called the roll of required Charter Officers and stated that the necessary quorum was present to conduct`a legally constituted • meeting. Mayor Lozano announced that the following proclamations had been issued: . "POLICE WEEK" - May 14-20, 1978; "SAFETY PATROL WEEK" - May 15-21, 1978; "NATIONAL PUBLIC WORKS WEEK" - May 21-27, 1978; "MARITIME DAY" - May 22, 1978; and "CHANNEL 16 AUCTION WEEK" - May 21-27, 1978. Mayor Lozano recognized Mr. Abel Chapa, Mr. Chapa spoke on behalf of Bill Roper Post 364 and Post 248 of the . American Legion. He introduced students from several high schools in the City who were selected by the American Legion as delegates to Boys State and Girls 4 e, State. Mr. Chaps explained that the delegates will actively participate in a ' yh, program on government to learn the different aspects of government and politics in Austin. Mk. Chapa, assisted by Mr. Vallentino Medina of Post 364 and by Mr. a «- Hank Deschner of Post 248, presented certificates to all of the students who • were selectedeto attend Boys -,State and Girls State. Mr. Chaps then complimented the students on the honor that had been bestowed upon them. '•,_ *Council Member Holt arrived at the meeting at 2:11 p.m. ;' • ■ 1 Council Member -Sample introduced to the Council and the members of the audience Mr.'Gaylord Hoyt, who is the President of the Corpus Christi Roadrunners, Inc. 'Mr. Sample referred to a proclamation that was issued last week entitled • 1CR0F11.ME� .fi•• M9a0 • SEQ Minutes Regular Council Meeting May 17, 1978 Page 2 "ARMED FORCES BEACH -TO -BAY RELAY MARATHON DAY" for May 20, 1978 and stated that Mr. Hoyt is a marathon runner who had participated in the marathon in Boston, Massachusetts and that he will run in the marathon scheduled in Corpus Christi for May 20. Council Member Sample also informed the Council and audience that he, too, would participate in the relay marathon. Motion by Diaz that the Minutes of the Regular Council Meeting of April 19, 1978 be approved as presented; seconded by Sample; and passed unanimously. Mayor Lozano announced appointments to Boards and Committees. City Manager reviewed the appointees that were discussed during the Workshop Meeting. Motion by Sample, seconded by Holt, and passed unanimously that the fol- lowing appointments be confirmed: BUILDING#,CODE BOARD OF APPEALS Mr. Jack Van Horn (Reappointment) Mr. Lee Hines (Reappointment) TRAFFIC SAFETY ADVISORY BOARD Mr. Richard Graessle (Reappointment) Mrs. Herbert E. Madalin MUNICIPAL ARTS COMMISSION Mrs. Elinor Donnell SISTER CITY COMMITTEE Mil Harry G. Plomarity, General Chairman Mr. H. C. Tijerina Mr. Claude Melton Mr. Fred Latham Mrs. Cynthia Sanchez Gonzales Miss Anna Saenz Mrs. June McKinley Mrs. Eileen Benton Mr. W. B. Willson, Jr. Mrs. Rosalinda Sosa-Bonilla Col. Luther Jones Mrs. Helen Bluntzer Mrs. Billie Chandler TERM TO EXPIRE 5/04/82 5/04/82 4/30/81 4/30/81 9/01/80 Mr. James M. Goldston Mrs. Hisako Ochiai Mr. Clemente Garcia, Jr. Mr. Lonnie Jones Mrs. Ruth Larson Mr. Dean Sanders Mrs. Walter McCoy Mrs. Sarah Cook Mrs. Sam L. Stokes Mr. Ray C. Hostutler Mrs. Dartha Cervera Mrs. Bruce Crow Mayor Lozano called for the City Manager's Reports. City Manager R. Marvin Townsend presented the following items with related comments and explana- tion: a. Recommendation that bids be received at 11:00 A.M., Tuesday, June 6, 1978 for repainting the Service Station at the Service Center at 5352 Ayers Street. L 43 Minutes Regular Council Meeting Piny 17, 1978 Page 3 b. -Recommendation that electrical work on the new high service pump being purchased for the O.N. Stevens Water Filtration Plant be awarded to SCOTT ELECTRIC COMPANY, Corpus Christi on the basis of low bid of $27,767. Bids were receivdd from 4 firms. The pump will increase capacity from 72 to 88 million gallons of water per day. During periods of high water demand, the plant has been producing at near capacity. c. Recommendation that the public hearing held May 3, 1978 on the assessments on Nueces Bay Boulevard from Interstate 37 to West Broadway Street and Airport Road from Agnes Street to Morgan Avenue be closed and the assessment roll be adopted. The assessment roll includes 63 items and totals $189,395.9&. The assessment rate for properties on the east side of Nueces Bay Boulevard which are zoned "A-1" and are used for apartments or single-family residences has been reduced from $14.25 per linear foot for curb, gutter and pavement to $5.00. The street improvements are jointly financed by the Federal and State governments and the City under the Urban Systems Program at a cost of $639,395.98. City Manager Townsend reminded the Council that two questions were raised during the public hearing on the preliminary assessments, one of which concerned the assessments along Nueces Bay Boulevard as they pertained to single-family residences on property which is zoned "A-1" and one lot which is zoned "8-1". He stated that the staff does not feel that rezoning the property facing the refineries is the solution to effectuate a reduction in the assessments. Mr. Townsend further stated that according to the testimony presented during the hearing, the improvements would not enhance the property in the amount recom- mended for assessment on the property that faces the refinery; therefore, it is recommended that the assessment for curb, gutter and pavement be reduced from $14.25 per linear foot to $5.00 per linear foot. City Manager Townsend expressed the opinion that those properties should not be encumbered by such a large assess- ment. Council Member Diaz asked why $5.00 was recommended, and City Manager Townsend explained that a category for this figure does not exist and that this amount is recommended only for this particular project, pointing out that this is a unique situation. He stated that the staff felt that it would not be proper to rezone this property "R -1B" just to obtain the lower residential rate of $4.75 and that if it is not rezoned, the assessment rate should be slightly higher. City Manager Townsend stated that the $5.00 rate is also recommended for the Pete Burgess property, which is presently zoned "B-1", if the owner agrees to Minutes Regular Council Meeting May 17, 1978 Page 4 rezone his property "A-1". Mr. Townsend stated that if the Council agrees to these recommended reductions, the staff will instigate the change of zoning for the Burgess property. Council Member Holt inquired if the Council has ever reduced paving assessments before, and City Manager Townsend assured him that they have often done so, but he was not sure whether or not the assessments for an entire street had ever been reduced. Council Member Holt then inquired why the appraiser did not recommend these reductions. City Manager Townsend stated that the appraiser works inde- pendently from the staff and bases his recommendations according to the ordinance setting forth the rates. Mr. Holt indicated that he would like to have the opinion of the appraiser, Mr. Bill Holly, on this recommended reduction. City Manager Townsend stated that a staff member will attempt to contact Mr. Holly as soon as possible to obtain his opinion of the $5.00 assessment recommended. City Manager Townsend referred to another question that was raised during the public hearing which pertains to the driveways for Alamo Express, Inc. He stated that if the Council approves this recommendation on the assessments, the staff will work with this company to solve the problem that exists there. Council Member Gill suggested that Mr. Tom Stewart, Director of Traffic and Transit, also work out the traffic problem that is created by the trucks owned by Alamo Express when loading and unloading. Council Member Holt referred to the parking on Nueces Bay Boulevard near the plants that are located there, and City Manager Townsend 'informed him that parallel parking will be permitted near the plants, and the representatives of the plants have agreed to this plan. Later in the meeting, Mr. James K. Lontos, Director of Engineering and Physical Development, reported to the Council that he had contacted Mr. Bill Holly, the appraiser for this project, who indicated that he concurs with the staff's recommendation in regard to the recommended reduction in the assessments. Mi�....es Regular Council Meeting May 17, 1978 Page 5 d. Recommendation that the firm of Booth, Lloyd and Simmons of Austin be employed to represent the City in adjudication proceedings before the Texas Water Commission concerning water rights in the Lower Nueces River, south of Three Rivers. The Texas Department of Water Resources has called a hearing for June 26, 1978 to review all water rights south of Three Rivers to determine if they should be reduced. 'Mr. Booth and Mr. Simmons are familiar with this type of procedure and have represented the City in a number of water rights matters including the current McMullen County suit and the Choke Canyon water rights permit. The cost would be based on hours worked and out of pocket expenses. City Manager Townsend explained that a number of permits have been issued for water rights in the Lower Nueces River, and the Water Rights Commission has been authorized to conduct hearings to judge whether or not these permits are necessary; therefore, it is important that the City become involved in this process of adjudication of our water rights. e. Recommendation that•Parking Meter Zones 1 and 3 be expanded by adding the following locations: Zone 1, 10 -hour Meters (32 spaces) 1. Lower Broadway, west side only, from Taylor Street to Twigg Street. 2. Twigg Street, north side only, from Lower Broadway to Mesquite Street. 3. N. Carancahua Street, from Buffalo Street to Winnebago Street. Zone 3, 2 -hour Meters (7 spaces) 1. Lower Broadway, east side only, from Taylor Street to Twigg Street. A recent survey shows the need for parking turnover along Lower Broadway and Twigg Streets next to the Caller -Times building. The Caller -Times has been contacted and does not object. North Carancahua Street between Buffalo and Winnebago Streets is scheduled for improvement. This section will then provide 15 metered parking spaces in an area presently deficient in parking. The cost of installation and meters is estimated at $3,300 which can be financed from the project account of the Parking Improvement Fund. f. Recommendation that bids be received at 11:00 A.M., Tuesday, June 6, 1978 for 3 double and 1 single parking meters with 2 hour maximum time and 14 double and 4 single parking meters with 10 hour maximum time for installation on Lower Broadway from Taylor to Twigg Streets, the north side of Twigg Street from Lower Broadway to Mesquite and on No. Carancahua from Buffalo to Winnebago Streets. g• Recommendation that a Title VI CETA special work site agreement be approved with the HIALCO Neighborhood Center for two custodial workers. The Title VI sustainment positions have been funded with the agency through Senior Community Services and outstationed at the HIALCO Center. The agreement would transfer the employees from Senior Community Services and place supervisory responsibility under HIALCO. As the present employees are currently receiving fringe benefits, the special work site agreement would allow the employees to continue to receive benefits until such time as there is turnover in the positions. At that time, the positions would be funded as temporary consistent with present work site agreements. Minutes Regular Council Meeting May 17, 1978 Page 6 h. Recommendation that an application by the MHMR Community Center to the Department of Health, Education and Welfare for $40,000 for a Vocational Evaluation and Job Placement Service program for the existing Sheltered Workshop be approved. H.E.W. will provide $32,000. The Community Center will provide $8,000 which is currently included in the Center's budget. i. Recommendation that the contract for reconstruction of the Doddridge Park parking lot, bicycle path, and steps be awarded to B & B Builders for $35,609.94. A portion of the park has settled destroying the parking lot and bicycle path. The low bid was $60,736.77. The recommended contract award deletes the lower portions of the bicycle path, the related retain- ing wall railing and foundations, and authorizes the extension of the concrete steps and several minor items by change order for $1,170. The net contract award will be $35,609.94. An appropriation of $38,000 is needed for the award and related expenses. City Manager Townsend explained the changes that had been made in con- nection with the contract with B & B Builders and informed the Council that the contractor had met with Mr. James K. Lontos, Director of Engineering and Physical Development, and had agreed to the changes. Mayor Lozano called for comments from the audience on the City Manager's Reports. There was no response. Motion by Sample that the City Manager's Reports, Items "a" through "i", be accepted; seconded by Diaz; and passed unanimously. Mayor Lozano announced the consideration of the tabled zoning application on the following matter: Winston E. Cooper from "R -1B" to "R-2" on Lots 12-14 and 36-40, Block 12, Flour Bluff Park located between McDonald Street and Weaver $treet approxi- mately 500' north of South Padre Island Drive. This application was heard last week and tabled for one week so that the property owner could submit a site plan showing the proposed use on the lots. City Manager Townsend stated that Mr. Cooper had submitted a form of a site plan which indicated how he will use the property. He also stated that 16% of the property owners are in opposition to this change of zoning; therefore the 20% rule is not in effect, and the Planning Commission recommended approval. Motion by Holt that the zoning case be removed from the table, seconded by Diaz, and passed unanimously. Motion by Holt that the site plan be approved and the zoning on this property be changed from "R -1B" to "R-2"; seconded by Juarez; and passed unani- mously. Minutes Regular Council Meeting May 17, 1978 Page 7 Mayor Lozano noted that a public hearing on two zoning cases was scheduled for 3:30 p.m. during a Special Council Meeting. Motion by Holt that the Regular Council Meeting be recessed at 3:35 p.m. to convene the Special Council Meeting to consider zoning applications; seconded by Juarez; and passed unanimously. Mayor Lozano reconvened the Regular Council Meeting at 5:30 p.m. and called for presentation of the ordinances. City Manager Townsend explained the ordinances listed on the agenda. Mayor Lozano called for comments from the audience on the ordinances. Mr. J. R. Ingram, 4901 Lavaca, referred to the third reading of Ordinance "c", which authorizes the legal defense of City officers and employees in suits arising from their official duties, and stated that he disagrees with the wording in the caption of the ordinance which refers to, "for indemnification of City officers and employees from Civil Judgments against them resulting from their good faith acts within the scope of their authority." Mr. Ingram contended that the wording should include, "in accordance with the rules and regulations" and stated that he would like to request the inclusion of this phrase, indicating that he was speaking on behalf of City employees. City Manager Townsend inquired of Mr. Ingram if he was appearing as a citi- zen or as a City employee. Mr. Ingram stated that he noted that during the public hearing on zoning cases which were conducted during the Special Council Meeting, the Council heard both sides of the issues involved and suggested that they should also listen to the pros and cons of an ordinance such as this which pertains to City employees. Council Member Gill inquired if the scope of the phrase presently listed in the caption would have a different meaning from the wording which Mr. Ingram had suggested. Council Member Diaz stated that he did not see any problem with any of the wording except possibly the phrase, "for reserving power of the City to discipline officers or employees." Minutes Regular Council Meeting May 17, 1978 Page 8 There being no further discussion on the ordinances, Mayor Lozano called for the vote on the ordinances. Mrs. Dorothy Zahn, Administrative Assistant in the City Secretary's Office, polled the Council for their votes in the absence of City Secretary Read, who had departed the meeting at 3:45 p.m. to attend a meeting in Austin, and the following ordinances were approved: FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-257, SCHEDULE VIII, PARKING METER ZONES ESTABLISHED, BY ADDING TO (a) METER ZONE NO. 1, PERMITTING MAXIMUM PARKING OF 10 HOURS, PORTIONS OF LOWER BROADWAY, TWIGG STREET AND NORTH CARANCAHUA STREET; ADDING TO (c) METER ZONE NO. 3, PERMITTING MAXIMUM PARKING OF TWO HOURS, A PORTION OF LOWER BROADWAY, ALL AS MORE FULLY SET FORTH HEREINAFTER; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". SECOND READING: AUTHORIZING THE CITY MANAGER OR HIS AUTHORIZED REPRESENTATIVE TO EXECUTE LEASE AGREEMENTS WITH THE TENANTS OF VARIOUS RESIDENTIAL BUILDINGS LOCATED ON PROPERTY ACQUIRED BY THE CITY, SAID LEASES TO BE ON A MONTH-TO-MONTH BASIS, ALL AS MORE FULLY SET FORTH IN THE FORM OF LEASE AGREEMENT AND SECURITY DEPOSIT AGREEMENT, A SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B". The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". THIRD READING -ORDINANCE NO. 14320: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING CHAPTER 39, PERSONNEL, ARTICLE I, IN GENERAL, BY ADDING THERETO PROVISIONS FOR LEGAL DEFENSE OF CITY OFFICERS AND EMPLOYEES IN SUITS ARISING FROM THEIR OFFICIAL DUTIES; FOR INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES FROM CIVIL JUDGMENTS AGAINST THEM RESULTING FROM THEIR GOOD FAITH ACTS WITHIN THE SCOPE OF THEIR AUTHORITY; FOR RESERVING THE CITY'S DEFENSE OF GOVERNMENTAL IMMUNITY; FOR NOTICE TO THE CITY OF SUCH SUITS AGAINST OFFICERS OR EMPLOYEES; FOR RESERVING POWER OF THE CITY TO DISCIPLINE OFFICERS OR EMPLOYEES; AND FOR EXCLUDING FROM INDEMNIFICATION SUITS IN BEHALF OF THE CITY AGAINST AN OFFICER OR EMPLOYEE BUT PERMITTING LEGAL REPRESENTATION OF SUCH AN OFFICER OR EMPLOYEE. The foregoing ordinance was read for the third and final time and passed by the following vote: Lozano „Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14321: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING ARTICLE VI. DEPARTMENT OF PUBLIC HEALTH: CITIZENS' ADVISORY HEALTH AND WELFARE BOARD, SECTION 2-163, ENTITLED "CITIZENS' ADVISORY HEALTH AND WELFARE BOARD - CREATED: COMPOSITION AND APPOINTMENT OF MEMBERS; RULES OF PROCEDURE; OFFICERS; TERMS OF MEMBERS; FILLING VACANCIES." SO AS TO PERMIT REAPPOINTMENT OF MEMBERS TO THE SAID BOARD. The foregoing ordinance was read for the third and final time and passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". Minutes Regular Council Meeting May 17, 1978 Page 9 ORDINANCE NO. 14322: CLOSING THE HEARING ON THE STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: NUECES BAY BOULEVARD (METROPOLITAN HIGHWAY 104) FROM INTERSTATE HIGHWAY 37 TO WEST BROADWAY STREET (MR 007 (1)-8007-16); AIRPORT ROAD (F.M. ROAD 665) FROM AGNES STREET (LOOP 443) TO MORGAN AVENUE (MR 006(1)-8006-16); AND FINDING AND DETERMINING THAT PROPERTY ABUTTING THE SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF IMPROVEMENTS AND LEVYING AN ASSESSMENT AND ADOPTING AN ASSESSMENT ROLL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14323: 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 RICHARD C. PITTMAN BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT I— IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2", MULTIPLE DWELLING DISTRICT TO "B-1", NEIGHBORHOOD 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: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14324: 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 APELICATION OF RICHARD C. PITTMAN BY AMENDING THE ZONING MAP BY CHANGING THE ZQNING ON LOT 1, BLOCK 1, BLUE WATER ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2", MULTIPLE DWELLING DISTRICT TO "B-1", NEIGH- BORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF TRE 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: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14325: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH B & B BUILDERS FOR THE RECONSTRUCTION OF THE PARKING AREA, BICYCLE PATH AND STEPS IN DODDRIDGE PARK, FURTHER AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 1 TO SAID CONTRACT, APPROPRIATING A TOTAL OF $38,000 OUT OF THE NO. 291 PARK BOND FUND OF WHICH $34,439.94 IS FOR THE CONSTRUCTION CONTRACT, $1,170 IS FOR CHANGE ORDER NO. 1, AND $2,390.06 IS FOR LABORATORY TESTING, LEGAL ADVERTISING, AND INCIDENTAL AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 291-72-6.2; DODDRIDGE PARK IMPROVE- MENTS, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". Minutes Regular Council Meeting May 17, 1375 Page 1Q City Manager Townsend suggested that the discussion item on Canto al Pueblo funding be considered at this time. He stated that he understood that the program arrangements for the festival had been completed at this time. Dr. Leo Carrillo, Chairman of the Steering Committee for Canto al Pueblo, who was present in the audience, presented the Council with copies of the printed program. City Manager Townsend reminded the Council that the revised funding of the Canto al Pueblo had been discussed briefly last week; a request had been received from the County that the City agree to provide additional funds in the amount of $5,000 and the County would contribute $5,000 to the fund for the Nueces County Mental Health -Mental Retardation program; the first payment previously authorized by the City is being processed at this time for publication of the program, the placement of certain advertisements, and certain costs related to housing. He informed the Council that the contract with Canto al Pueblo has been signed, and the matter to be considered at this time is the request from the County for the City to participate in the additional funding of $5,000. Council Member Diaz inquired if the County is still of the opinion that they cannot legally fund Canto al Pueblo directly, and City Manager Townsend stated that he was not aware of any change in that opinion. Council Member Gill pointed out that inasmuch as the City has made other reciprocal arrangements with the County, such as with the Industrial Commission, she would be in favor of participating in this funding as suggested by the County. Mayor Pro Tem Gulley stated that he agrees with the County Attorney that a legal principle is involved and he feels that it is wrong to do indirectly what cannot be accomplished directly. Mr. Gulley expressed the opinion that this is a policy matter, and if the Council desires to provide additional funds for this festival, that they should do so directly and not indirectly as suggested by the County Judge. Mayor Lozano emphasized that the funding for the Industrial Commission has been handled in this manner for several years. City Manager Townsend expressed the opinion that there is nothing improper about the Council and the County agreeing to do something in this manner. He Minutes Regular Council Meeting May 17, 1978 Page 11 agreed that this is a policy matter, but stated that it is not illegal. Council Member Diaz stated that approximately 60% of the planning for this event has already been accomplished, and in order for the festival to be a success, he feels that the City should cooperate with the County in arranging for the dona- tion of the additional $5,000. Mayor Lozano reminded the Council that this is just a one-time funding, since the annual festival sponsored by Canto al Pueblo will not be conducted again in the. City of Corpus Christi. Council Member Holt suggested that if the Council desires to provide the additional $5,000 in funding, then the City should provide the funds, but stated that he is opposed to making a deal with the County to provide the funds by subterfuge. Mayor Lozano contended that this is just a matter of helping the County to donate to this organization. Motion by Gill that the City increase their funding for Canto al Pueblo an additional $5,000; seconded by Diaz. Council Member Sample expressed the opinion that since the County is willing to cooperate in the funding, he feels that the City should honor their request and that he would like to allow the County to participate in the manner they suggested rather than donating an additional $5,000 from City funds. Motion by Sample that the City donate an additional $5,000 in cooperation with the County with the understanding that the County will donate $5,000 to MH - MR; seconded by Juarez. City Manager Townsend explained that the mechanics of the implementation of such a motion would involve an ordinance increasing the amount specified in the contract with Canto al Pueblo by $5,000 and another ordinance decreasing the funding in the budget for MH -MR by the same amount. He stated that he felt that the County will take action on this matter prior to next Wednesday's Council Meeting. Further discussion followed on this matter, and Council Member Gill with- drew her motion, and Council Member Diaz agreed to withdraw his second of the motion. Minutes Regular Council Meeting May 17, 1978 Page 12 Mayor Lozano called for the Council vote on Council Member Sample's motion, and the motion was approved by the following vote: Lozano, Diaz, Gill, Juarez and Sample voting "Aye"; Gulley and Holt voting "Nay." City Manager Townsend suggested that it might be in order at this time to discuss the request of representatives of the Early Childhood Development Center for funding. Mr. Townsend referred to the appearance before the Council of Mrs. Mary Jo Branscomb, 4777 Ocean Drive, during the Regular Council Meeting of April 26, 1978, at which time Mrs. Branscomb had indicated that she would make a survey of other cities in regard to their practice of funding children's day care centers. He stated that Mrs. Branscomb had contacted the City staff for assistance in the survey and presented a memorandum prepared by Mr. Tom Basile, Administrative Assistant, in regard to the results of the survey, which listed several cities in Texas that do participate in funding for child care centers, including Amarillo, Austin, Beaumont, El Paso, Dallas, Fort Worth, Houston, Laredo, San Antonio and Waco. Council Member Holt noted that several of the cities listed provide funds from community development block grants and asked for an explanation of this grant. City Manager Townsend briefly explained that the community development block grant totals approximately $4,000,000 for this City, and the funds are used for street improvements and other physical developments in certain areas of the City. He explained that funds from this source could be used for services in areas approved for community block funding. Mr. Basile explained the operation of the local ECDC and the concept of the available Federal matching funds of 70% through Title XX, which requires 30% local matching funds. City Manager Townsend summarized the history of the local ECDC which was a pilot program with an original grant of $60,000 and stated that the first year of its operation was funded 100% by the Federal Government. Mr. Basile informed the Council that United Way has agreed to provide $5,000 for a portion of the local share, and if the City provides some funding, State funds will be forthcoming. Minutes Regular Council Meeting May 17, 1978 Page 13 Council Member Sample stated that he has considered this request for fund- ing; has compared this organization to other organizations for which funds have been provided by the City; feels that this will be a one-time expenditure; pointed out that the City has just agreed to assist with funding for Canto al Pueblo; and in his opinion, the mothers and children involved in this program certainly should be provided with the facilities which they need for a day care center. Motion by Sample that the City assist the Early Childhood Development Center by providing funds in the amount of $15,000; seconded by Gill. Council Member Gill inquired as to the source of the additional funds needed if the City provides $15,000. Council Member Sample expressed the opinion that if the City agrees to provide this amount, possibly other organizations will fund the remainder which is needed. Council Member Holt stated that during previous discussions on this matter, private donations were mentioned and that he felt that funds could be raised by this source. He stated that he had examined the ECDC operation and felt that the organization was performing an outstanding job, but he did hope that private donations could be obtained for funding. Mr. Holt also expressed the opinion that this would not be a one-time expenditure but would mean that the City would become permanently involved in the program. Mr. Basile pointed out that Title XX funds emanate from the Federal Government and requires that 30% must be from local or State funds. He stated that in the past, the State has funded the program partially. He explained that the budget for the program is $204,000, 70% of which will be funded by the Federal Government, and the State and local entities must fund 30%, or $60,000. He stated that the State has indicated that they will contribute the same amount as the local government. Mayor Pro Tem Gulley reminded the Council that no matter which governmental entity provides funds,•ali of the money is from citizens' taxes. He also pointed out that once the City funds this organization, the City will be totally involved in the day care business, and this is not just a one-time thing. He stated further Minutes Regular Council Meeting May 17, 1978 Page 14 that if the City agrees to provide funds for this organization, other requests for similar funding will be forthcoming from other groups. Mayor Lozano expressed the opinion that if the Federal Government has agreed to fund the program 70%, it seems logical for the City to provide matching funds in order to obtain the Federal funds. Council Member Gill pointed out that other cities have used Federal funds for day care centers and donated local funds in order to obtain the grant; there- fore, obviously, this is a legal use of that money. Council Member Sample expressed the opinion that if the mothers availing themselves of the services provided by ECDC are able to work, study or participate in training programs, and if they no longer have child care available, they will be forced to accept welfare, which also means the expenditure of tax dollars. Council Member Diaz stated that he felt that it is a good investment for the City to fund $15,000 and obtain funding from the State and Federal Governments. Council Member Holt referred to a memorandum which was written in April in which a statement was made to the effect that there was a problem with the agency in regard to staff turnover and that the financial record keeping was inadequate. He suggested that a good reporting system should be devised if the City and United Way become involved in this agency. City Manager Townsend assured him that if the Council decides to parti- cipate in the program, a contract for services will be prepared which will include stipulations in regard to reports and the type of records kept. Mr. Townsend also stated that the City can contact the State to see what kind of commitment they will make in view of the amount of the local share. He agreed that this will be a recurring matter for funding. Mrs. Mary Meador, who was present in the audience, stated that there is a need for a decision as soon as possible in order for the local agency to take advantage of the Federal funding. Mayor Lozano called for the vote on the motion by Council Member Sample that the City provide $15,000 for ECDC. The motion passed by the following vote: Lozano, Diaz, Gill, Juarez and Sample voting "Aye"; Gulley and Holt voting "Nay." • Minutes Regular Council Meeting May 17, 1978 Page 15 City Manager Townsend presented the Council with copies of an overview of the Water Fund for the 1978-79 Budget for them -to read prior to discussion. Several Council Members suggested that this discussion be conducted at 8:00 a.m. next Wednesday as the first item during the Workshop Meeting. There being no further business to come before the Council, on motion by Sample, seconded by Gill, and passed unanimously, the Regular Council Meeting was adjourned at 6:37 p.m. Mr. S. R. Ingram noted that Mayor Lozano had not called for petitions from the audience and indicated that he had a matter to bring before the Council. Mayor Lozano stated that a quorum of the Council was still present and reconvened the Council Meeting at 6:38 p.m. Mr. Ingram, a City employee, stated that he would like to be placed on the agenda to discuss a grievance before the Council. Mayor Lozano pointed out to Mr. Ingram that he must go through the proper procedure before appearing before the Council. City Manager Townsend stated that the grievance matter had not been pre- sented to him and reminded Mr. Ingram that he had been told by him that if he appeared before the Council in regard to the grievance before going through the proper procedure, he would be subject to dismissal. Mr. Ingram contended that he had complied with the proper procedure and had presented a letter to the City Manager. City Manager Townsend stated that the letter to which he referred did not constitute compliance with the standard procedure. t Council Member Diaz stated that it was his understanding that a City employee could appear before the Council as a citizen but not as a City employee in connection with a grievance unless he has gone through the proper procedure. Mr. Ingram reiterated that he had done so but had not received a reply to his letter to the City Manager. Council Member Diaz informed him that it is not proper for him to bring the matter to the Council without going through the proper procedure and suggested that he could take the matter to Civil Court. Minutes Regular Council Meeting May 17, 1978 Page 16 Mr. Ingram stated that he had contacted the State Attorney's Office and had been informed that he should first present his grievance to the City Council. Mayor Pro Tem Gulley informed Mr. Ingram that according to the City Charter, the Council cannot hear individual complaints from City employees but must deal with employees through the City Manager, since this City operates under a Council -Manager type of government. City Manager Townsend again informed Mr. Ingram that his appearance before the Council constitutes grounds for disciplinary action and dismissal. He also stated that there is no provision for 3,000 employees to come individually -before the Council on a matter dealing with compensation. Mayor Lozano inquired if there were any other petitions or information from the.audience on matters not scheduled on the agenda. There was no response. On motion by Gulley, seconded by Holt, and passed unanimously, the Regular Council Meeting was adjourned at 6:45 p.m. May 17, 1978.