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HomeMy WebLinkAboutMinutes City Council - 10/19/1983PRESENT Mayor Pro Tem Betty Turner Council Members David Berlanga, Sr. Leo Guerrero Herbert Hawkins *Dr. Charles Kennedy Joe McComb Frank Mendez Mary Pat Slavik ABSENT Mayor Luther Jones MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 19, 1983 2:00 P.M. City Manager Edward Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Qu.\ Mayor Pro Tem Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Lt. Jim Mitchell of the City Fire Prevention Unit who played the guitar and sang The Lord's Prayer. The Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Pro Tem Turner called for approval of the minutes of the Regular Council Meetings of October 5 and October 12, 1983. Council Member Joe McComb suggested that the name of Royce Poelma be corrected on page 21 of the minutes of October 5, 1983. A motion was made by Council Member Mendez that the minutes be approved as corrected, seconded by Council Member Mary Pat Slavik and passed unanimously. Mayor Pro Tem Turner recognized Ms. Pam Pruett who had requested that she be allowed to make a presentation regarding a citation from the Fire Department. SEP 19 084 MJCQOJLMED tes llar Council Meeting October 19, 1983 Page 2 Ms. Pruett addressed the Council, stating that she was representing Ocean Palms Apartments in regard to a citation from the Fire Department. Ms. Pruett provided background information in regard to the parking spaces at the apartment complex and informed the Council that at the time the property was sold in 1979 there existed a bad parking problem and the owners had leased some parking spaces from the Baptist Association. She explained remodeling and landscaping that had been installed to facilitate access to the property at which time they called the Fire Department to designate their fire lanes. She explained that they removed some parking spaces for the fire lanes, but on September 28, 1983, a resident called the Fire Department in regard to a possible hazard. She explained that in 1981, the Fire Inspector did not mention a necessity to have access into the middle lane as long as they could get fire trucks on the perimeter of the property. She explained that a citation had been issued by the Fire Department, even though their fire lane had previously been approved. Council Member Herbert Hawkins interrupted Ms. Pruett by stating that he did not feel that this subject should be presented in this manner, because it should be an agenda item so that the staff can provide information. Mr. Hawkins made a motion that this subject be listed as an agenda item, seconded by Council Member Guerrero and passed unanimously. * * * * * * * * * * Mayor Pro Tem Turner then administered oaths to the following new appointees to Boards and Commissions: Mr. Mucio Garza, Joint Airport Board; Mr. J. Todd Sharnburg, Bay Drilling Committee; Mrs. Rosa Balderas, Park and Recreation Board; and Mr. Reynaldo V. Rincon, Senior Community Services Advisory Board. * * * * * * * * * * Mayor Pro Tem Turner announced bid openings on the following Engineering projects: 1. Pedestrian crossing at Peoples Street and Shoreline Drive - This 7th Year Community Development Block Grant project provides for the construction of a pedestrian crossing at this intersection complete with irrigation, landscaping, park benches, and underground work necessary for the installation of new traffic signal equipment. Assistant City Manager James K. Lontos opened bids on this project from the following firms: E. J. Netek Construction. Co., A. Ortiz Construction and Paving, Bracco Construction Co., and De Ber, Inc. 2. Timon Boulevard Median Landscaping - This project includes approximately 146 palm trees, topsoil, seeding and irrigation and is one of the projects included in the 1982 Bond Program. Mr. Lontos opened bids on this project from the following companies: Bay Inc., Curries, Inc., JCo., Inc., and Sprinkler King. 3. Retta Drive Sanitary Sewer Extension - This provides for the construction of a sanitary sewer extension along Retta Drive from Montreal Drive to Glenoak Drive in the Flour Bluff portion of the City. `es lar Council Meeting October 19, 1983 Page 3 Assistant City Manager Lontos then opened bids on this project from the following construction companies: Claude Chapman Construction Co., De Ber, Inc., Heldenfels Brothers, Inc., and Howell Constructors, Inc., bidding in conjunction with Isles Construction Co. Mr. Lontos verified that all of the bidders had submitted the required bid security bond. Mayor Pro Tem Turner expressed appreciation to all of the companies who had submitted bids and stated that they would be tabled for 48 hours pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. * * * * * * * * * * Mayor Pro Tem Turner called for action of the Council from the Workshop Session on the following items: 1. Council supports and encourages the Library Board in working with the architect to report back to the Council and specifically to review the following: a. reinforcement of the foundation for future upward expansion b. consider using the 60 ft. setback for double row parking c. consider purchasing additional land within budgetary constraints 2. The City staff can consider the use of all tools available to attract business and industry to this area as set forth in the staff memo of September 23, 1983 on economic development tools. 3. The concept of extending the City's industrial district contracts to a new full seven year term be approved with minor or housekeeping modifications to be negotiated with the industries involved. A motion was made by Council Member Mendez that the foregoing item be confirmed, seconded by Council Member Guerrero and passed unanimously. * * * * * * * * * * Mayor Pro Tem Turner called for consideration of Consent Motions. 1. The Commercial Ramp Expansion and Drainage Improvements project at the Airport be accepted and final payment of $77,664.86 be authorized to Heldenfels Brothers, Inc. It is also recommended that a 2 day time extension be granted for extra work to supplement the 100 working days allotted and that 10 days be charged as liquidated damages at $100 per day for contract overruns. The total cost of this 1977 bond project, which is supplemented by FAA grant funds, is $766,133.30. tes .lar Council Meeting October 19, 1983 Page 4 2. Plans and specifications be approved and bids be received on November 16, 1983 on the following Voluntary Paving Program Streets: Dalraida Street - Carroll Lane to Dakin Place Hollywood Terrace - Gollihar to Horne Road Sherman Street - Prescott to Vestal Street Mokry Street - McArdle to South Padre Island Drive (sidewalks only) 3. (Mayor Pro Tem Turner suggested that this item be removed from the Consent Agenda and placed on the Regular Agenda after item 16 had been considered.) 4. A public hearing be held on November 9, 1983 at 3:15 p.m. on the closure request of Iris and Eklund Avenues from the Clarkwood drainage channel to Commerce Street including two alleys in Block 6 and 7 in the Clarkwood Subdivision. None of the streets or alleys are improved at this time. Mayor Pro Tem Turner ascertained that no one wished to speak in regard to these items. A motion was made by Council Member Mendez that items 1, 2 and 4 be approved; seconded by Council Member Berlanga; and passed unanimously. * * * * * * * * * * Mayor Pro Tem Turner called for consideration of the Consent Ordinances and Ordinances from previous meetings on items 5 thru 16. No one spoke in regard to these ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 5. ORDINANCE NO. 17887: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NUECES DEVELOPMENT COMPANY PROVIDING FOR CITY PARTICIPATION IN DEVELOPMENT OF A PORTION OF BRANDYWINE UNIT II SUBDIVISION FOR PARK PAVING IMPROVEMENTS; APPROPRIATING $9,698.51; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting "aye"; Jones and Kennedy "absent". 6. ORDINANCE NO. 17888: CLOSING THE HEARING ON SIDEWALK IMPROVEMENTS FOR THE FOLLOWING STREETS: School Sidewalk Program, Phase I Project Site I Alexander Street, on the south side, from the northwest boundary of Edgewood park to Fannin Elementary School near Devon Drive. ttes alar Council Meeting October 19, 1983 Page 5 Project Site II Through the Crockett Heights Subdivision along the north side of the City drainage and utility easement, from near Greenwood Drive to Burnet Street. Project Site III Rose and Pierpont Streets, along the west side, from Leopard Street to Roy Miller High School. AND FINDING AND DETERMINING THAT PROPERTY ABUTTING THE SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting "aye"; Jones and Kennedy "absent". 7. ORDINANCE NO. 17889: AUTHORIZING THE EXECUTION OF A CONTRACT WITH GARCIA CONSTRUCTION CO., INC. FOR THE SCHOOL SIDEWALK PROGRAM PHASE I PROJECT; APPROPRIATING $22,000 FOR THIS CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting "aye"; Jones and Kennedy "absent". 8. ORDINANCE NO. 17890: APPROPRIATING $8,392 FOR CHANGE ORDER NO. 2, WHICH4PROVIDES FOR INSTALLATION OF A TEXTURED COLOR SURFACE ON THE TENNIS COURTS AND THE FURNISHING OF ELECTRICAL SERVICE TO THE AMPHITHEATER/SHELTER AREA IN THE ST. ANDREWS PARK SITE DEVELOPMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting "aye"; Jones and Kennedy "absent". 9. ORDINANCE NO. 17891: CLOSING AND ABANDONING A 5 FOOT WIDE AERIAL EASEMENT ALONG THE EAST OF LOT ONE OF LOT 7A, UNIT 2, WASHBURN MEADOWS SUBDIVISION; SUBJECT TO PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting "aye"; Jones and Kennedy "absent". es i. .lar Council Meeting October 19, 1983 Page 6 10. FIRST READING: AMENDING CHAPTER 57 OF THE CODE OF ORDINANCES TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR OPERATING HORSE-DRAWN CARRIAGE SERVICES IN THE CITY; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting "aye"; Jones and Kennedy "absent". 11. FIRST READING: AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES TO PROVIDE FOR CONTINUING EDUCATION OF EMPLOYEES AT LEAST EVERY THREE (3) YEARS TO CONTINUE FOOD HANDLING CERTIFICATION AND TO PROVIDE THAT AN APPLICANT FOR RENEWAL OF A FOOD MANAGER'S PERMIT BE REQUIRED TO SATISFACTORILY COMPLETE THREE HOURS OF CONTINUING EDUCATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting "aye"; Jones and Kennedy "absent". 12. SECOND READING: AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE NATIONAL WEATHER SERVICE FOR THE RENTAL OF 1663 SQUARE FEET ON THE SECOND FLOOR OF THE TOWER BUILDING AND JANITORIAL SERVICES AT CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting "aye"; Jones and Kennedy "absent". 13. THIRD READING - ORDINANCE NO. 17892: AMENDING CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES TO PROVIDE FOR LIMITATIONS ON TERMS AND SERVICE ON BOARDS AND COMMISSIONS AND TO PROVIDE FOR THE APPOINTMENT OF ADVISORY, NON-VOTING MEMBERS. The foregoing ordinance was read for the third time and passed finally by the following vote: Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting "aye"; Jones and Kennedy "absent". 14. THIRD READING - ORDINANCE NO. 17893: AUTHORIZING THE EXECUTION OF LEASE AGREEMENTS WITH AMERICAN AIRLINES, INC., CONTINENTAL AIRLINES, INC., EASTERN AIR LINES, INC., EMERALD AIR, INC., AND SOUTHWEST AIRLINES CO. FOR TERMINAL RENTALS AND LANDING FEES EFFECTIVE AUGUST 1, 1983 FOR A PERIOD OF TWO AND ONE-HALF YEARS. The foregoing ordinance was read for the third time and passed finally by the following vote: Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting "aye"; Jones and Kennedy "absent". tes .alar Council Meeting October 19, 1983 Page 7 15. THIRD READING - ORDINANCE NO. 17894: IMPOSING A GROSS RECEIPTS TAX ON THE CONDUCT OF BINGO GAMES WITHIN THE CITY; PROVIDING FOR PUBLICATION, AN EFFECTIVE DATE, AND NOTIFICATION TO THE COMPTROLLER OF PUBLIC ACCOUNTS; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed finally by the following vote: Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting "aye"; Jones and Kennedy "absent". 16. THIRD READING - ORDINANCE NO. 17895: PROHIBITING THE USE OF SEINES OR NETS FOR THE TAKING OF SHRIMP OR FISH IN CERTAIN WATERS OF CORPUS CHRISTI BAY; PROVIDING FOR SEVERABILITY AND FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Turner, Berlanga, Guerrero, Hawkins, McComb, Mendez and Slavik voting "aye"; Jones and Kennedy "absent". * * * * * * * * • * Mayor Pro Tem Turner called for consideration of the following item, which had been removed from the consent agenda: 3. Rejecting the bid for the main depository bank contract, approving new specifications and granting authority to readvertise and receive bids on November 2, 1983 for the main depository contract, and extending the time for receipt of proposals for depositories for investment purposes only until November 2, 1983. Mayor Pro Tem Turner provided comments and expressed concern as to whether the alternate bid submitted previously is the proper bid for this City. She pointed out that there is a need to protect the City of Corpus Christi and its citizens and the alternate bid submitted did not comply with the City specifications. She pointed out that the Council has the responsibility to do the best thing for the citizens of this City. Council Member Guerrero inquired as to how the alternate bid compared to the specifications. City Manager Martin stated that theoretically it could. He pointed out, however, that the bid on the existing contract was much higher because interest rates were higher at the time the proposal was submitted. He stated that the alternate bid recently submitted may be 2% or 3% less but that is not a fair comparison because the last bid was received 21 years ago. Council Member Guerrero stated that if the bid is not that bad, why was it not accepted, and City Manager Martin explained that he felt that it was almost impossible to compare and the City has the authority to reject any or all bids that would not be in the best interest of the City. :es .lar Council Meeting October 19, 1983 Page 8 Mr. Guerrero then inquired if that bidder would be at a disadvantage the second time the bidding procedure is authorized, and Mr. Martin replied that he did not think so. He pointed out that even if they are, this should not be the Council's primary consideration. Council Member Mendez stated that the City Council Members should have the responsibility to obtain the best bid possible for the City depository, and they do not know that the alternate bid is the best for the City and the taxpayers. Council Member McComb pointed out that bid invitations were sent out to all interested banks; the City received one bid from a bank to act as depository under the alternate bidding policy; another bank representative addressed the Council and stated they did not care to submit a bid in accordance with the bidding specifications. He reminded the Council that the City Manager had requested time to analyze the bid. He noted that the City had solicited a bid that no one seemed to want to bid according to the specifications and an alternate bid was received and that bid was the guideline to establish new specifications. He stated that he felt that that bank has provided all of the information for the new specifications. He expressed the opinion that the alternate bid had been submitted because the City had requested a lot of free services in the original specifications. He pointed out that on other occasions the City has awarded a bid such as the oil and gas lease the preceding week, when only one bid was received. He stated that this situation bothers him but he too is interested in receiving the best bid possible for the City. He expressed the opinion that when invitations are extended to various firms for City services they should understand that the bidding will be on a one time procedure. City Manager Martin pointed out that the banks will not be bidding on the same thing the next time because the new bids specify $15 million minimum. He explained that the specifications will eliminate some of the services previously requested and he sees no problem in bidding this or other items more than once. *Council Member Kennedy arrived at the meeting at 2:45 p.m. Council Member Hawkins stated that he is concerned that the City is considering going out for proposals again because one bank protested the form of the proposal. He noted that the bank that did not submit a bid actually assisted the staff in preparing the new specifications. City Manager Martin explained to the Council that if they did not want the staff to discuss this with any of the banking institutions, he would like for them to make a policy decision. He stated that they had discussed the specifications with various banking institutions, but if the Council feels that this is wrong, they should so instruct the staff. Council Member Hawkins explained he is just apprehensive that the public will feel that one bank wanted to have the specifications changed so that they could submit a proposal and he was afraid that if the Council approves this recommendation they will be criticized. tes liar Council Meeting October 19, 1983 Page 9 Council Member Slavik indicated that the changes are so vast that she felt that better proposals could be received and she concurred with the staff recommendation. Council Member Berlanga expressed concern that Texas Bank of Commerce has already revealed their bid and inquired if their proposal is negotiable. City Manager Martin stated that it was not negotiable and he felt that it was better to go out for bids again. Council Member Guerrero stated that he felt this was an awkward situation because there are three banks that could bid to be the City depository. He pointed out that if the City is not careful, a good faith bid like this that is rejected would make bidding difficult for the City in the future. Council Member McComb suggested that the interested banks should have consulted with the City prior to the bid date and then the staff could have made some adjustments before the bids were received. He pointed out that if there is something the bidders could not work with, then they should have discussed it with the City officials rather than just declining to bid. Mayor Pro Tem Turner called for comments from the audience. Mr. John Garner, President of Corpus Christi National Bank, reminded the Council that the first part of the specifications state repeatedly that no bid will be accepted if they are not in compliance with the specifications. He pointed out that the bid that was submitted met none of the major specifications and he did not think it would be in the best interest of the City to award that bid. He stated that he has not seen the new specifications. He admitted that in the meeting with the other banks, his bank did make recommendations. He pointed out that since the specifications were different, Texas Commerce Bank should not be penalized by the fact that the bids are being received again. A motion was made by Council Member Kennedy that the foregoing item 3 be approved, seconded by Council Member Slavik, and passed unanimously. 17. Approving a revision to the policy for placing notification signs of pending zoning changes on the applicant's property and adopting additional policy requirements. Mayor Pro Tem Turner explained the existing procedure to erect signs on the property under consideration for change of zoning so that everyone in the area will be aware of that fact. Mayor Pro Tem Turner explained that the proposed changes would establish where the signs must be erected in that one sign must be adjacent to each street abutting the subject property or if the property does not front on a street, the sign be placed adjacent to the closest street. She also stated that the proposed amendment is to change the number of days that the sign must be displayed in that the sign must be erected at least 15 days prior the Planning Commission hearing and maintained in the proper location until final City Council action. tes alar Council Meeting October 19, 1983 Page 10 City Manager Martin explained that this policy began as a direction to the staff and the staff has discovered that some of the signs have been posted in very obscure places on the property. He stated that this will also establish a penalty in that if the sign is not properly posted, that zoning application will be withdrawn when it is scheduled for public hearing. A motion was made by Council Member Mendez that the foregoing item be approved, seconded by Council Member McComb and passed unanimously. * * * * * * * * * * Mayor Pro Tem Turner announced the following recessed public hearing: 18. Recessed Hearing - Application No. 883-15T - Mr. Aaron L. Ward, Text Amendment to the Zoning Ordinance: amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to the numbered 31-5.55 setting forth a zoning classification of "A-1" Apartment House District on 17± acres out of the east 1/2 of Lot 7, Block 1, Nueces River Irrigation Park when annexed to the City of Corpus Christi, Texas. Recommendation of the Planning Commission: That it be denied. Assistant City Manager Tom Utter explained that at the scheduled time of this hearing, the applicant, Mr. Aaron Ward, requested that it be postponed since he was out of the City and the Council opened the hearing and recessed it until October 19. He stated that the property is outside the City limits and the application is to establish zoning of "A-1" when the property is annexed. He informed the Council that in response to the 8 notices of the public hearing, one in favor and none in opposition had been returned and that both the Planning Commission and Planning staff recommend denial. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that the subject property is vacant, but there is one storage facility at one corner of the tract which is not a part of this application. Mr. Wenger located a County Road adjacent to the property, noting that it is very narrow and is not even on the Transportation Plan. He stated that the applicant plans the construction of 370 units and the road is much too narrow to serve that many residents. Council Member Kennedy inquired if at the time development occurs, the County will be responsible for improving that street, and Mr. Wenger replied that the subdivider will be responsible for improving that portion within his development when it is platted. Council Member Kennedy commented that until the road is improved, nothing can be developed, and Mr. Wenger indicated that that was correct. He stated that the staff feels that the property should remain zoned "R -1B" because about 85 single family dwellings could be placed there. Mr. Wenger also informed the Council that there are many problems with drainage, sewer and water at this time at this location. utes ular Council Meeting October 19, 1983 Page 11 Council Member Mendez inquired if this annexation will have to be pre -cleared with the Justice Department before it is in effect, and Assistant City Manager Utter stated that any property annexed has to be cleared with the Justice Department. Mr. Aaron Ward, the applicant, stated that this property has been examined by an engineer who indicated that the County Road is in the wrong location and there is another area where a 60 ft. road could be installed. He explained that they are attempting to work things out to install a 60 ft. street. He also informed the Council that they plan to have dirt brought on to the property to provide better drainage. Assistant City Manager Utter stated that they would not recommend "A-1" zoning no matter what drainage improvements are made. Mr. Fred Nemec, a resident of Robstown, stated that he is the landowner who owns a piece of property where the County Road is located. He explained that there are many drainage and sewer problems in that particular area. He informed the Council that the sewer line goes along the rear of that property and there is a lift station at the back of his property which is insufficient to serve the hospital, the doctors' offices, etc. He explained how the sewer backs up every time it rains and he was of the opinion that placing fill dirt will not alleviate the drainage problem. No one else spoke in regard to this zoning application. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Slavik and passed unanimously. A motion was made by Council Member Mendez that the request for change of zoning for Application No. 883-15T be denied, seconded by Council Member Slavik and passed unanimously. * * * * * * * * * * Mayor Pro Tem Turner called for the City Manager's Report. City Manager Martin informed the Council that the Chamber of Commerce had changed their plans for the retreat scheduled for November 16 and the date has been changed to Tuesday, November 22, 1983. He also informed the Council that they will be notified that the Joint Transportation Meeting with San Antonio will be scheduled for that date. Mayor Pro Tem Turner noted the presence of several City employees who are participating in the Leadership program and asked the City Manager to provide an explanation. City Manager Martin stated that this is the second year of the staff development program whereby various employees of the City of beginning or middle management apply for the program. He stated that they meet once every two weeks for a training session, at which time staff members explain various aspects of City government. He reviewed some of the projects undertaken by the management Wes ,alar Council Meeting October 19, 1983 Page 12 group. He stated also that they are required to attend several Council meetings and board meetings. He then introduced the City employees who were present. * * * * * * * * * * Mayor Pro Tem Turner called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Turner commented that many of the members of the audience are associated with the Greenwood Community Center and invited Mr. Reynaldo Rincon to speak at this time. Mr. Rincon stated that they had selected Mrs. Erlinda Ybanez, President of the Council of the Greenwood Center, to speak on behalf of the senior citizens from that center. Mrs. Ybanez explained that about 185 senior citizens go to the Greenwood Center for meals, and from that group she is presenting to the Council a petition containing 160 signatures requesting that Mrs. Natalie Lerma be employed as Director of the Greenwood Senior Citizens Center. She explained that Mrs. Lerma is a secretary at this time; they have known her for three years; they would like to have her employed as Director of the Greenwood Center. She stated that the position is vacant at this time and Mrs. Lerma has substituted for the Director in her absence. She stated that they understand that for this position a college degree is required, but they believe that the practical experience Mrs. Lerma has is more important than a college education. She explained the many qualifications Mrs. Lerma has and that she is capable of filling the position of Director. Council Member Kennedy inquired about the job description, and City Manager Martin stated that he did not know at this time, but he could provide a copy of it for the Council. He explained that the staff is recruiting for this position and they plan to hire the best qualified person. Council Member Slavik expressed the opinion that these citizens should have input as to who is employed for the job. She stated that for this position, capabilities should be considered as much as the educational requirement. Council Member McComb pointed out to the Council Members that it is his understanding that the Council is absolutely prohibited by the City Charter from interfering with the hiring of employees. He suggested that there is a need to realize their responsibilities as a Council and this is a decision to be made by the City Manager and the Personnel Department. He stated that this could be a violation of the Charter if the Council interfered. Mayor Pro Tem Turner stated that Mr. McComb is correct because the Council does not have the authority to hire employees. She expressed appreciation to the senior citizens who had appeared before the Council, but again stated that the Council could not interfere with the hiring practices. Council Member Hawkins stated that he felt that the Council could establish policy pertaining to personnel and noted that there is a lot of public opinion that applicants within the City are not given enough consideration when positions are vacant. at es ,ular Council Meeting October 19, 1983 Page 13 Council Member Berlanga noted that these people are petitioning the Council to support them because they are sure that Mrs. Lerma's qualifications are good. He noted that there has been a history of waiving certain qualifications if an applicant is otherwise qualified. He requested that the staff present the petition to the personnel department. Mr. Reynaldo Rincon, 4145 Stafford Street, explained to the Council that there is a unique situation at Greenwood Center since 80% of the registered members do not speak English and even their officers do not speak English. He stated that they are not asking the Council to break a rule because Mrs. Lerma works extremely well with the senior citizens and they depend upon her to resolve many problems, even after office hours. He urged that the Council bend the rules in this case. Council Member Hawkins stated that it is not necessary to bend the rules because occasionally some qualifications are waived if a particular person is qualified in other areas. City Manager Martin agreed that that would not be bending the rules because this has been done in certain situations when a person is particularly well qualified in other areas, some of the requirements of the job description can be waived or other qualifications substituted. Mr. Mark Suarez, a Del Mar College student, expressed the opinion that if 160 people out of 180 participants at the center feel that Mrs. Lerma should be employed, consideration should be given to her promotion to the position of Director. Mr. David Saenz stated that he is glad the Council is attempting to resolve many problems that have existed in the City for a long time. There being no further business to come before the Council, on motion by Council Member Kennedy, seconded by Council Member Mendez and passed unanimously, the Regular Council Meeting was adjourned at 3:55 p.m., October 19, 1983. DZ/tb