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HomeMy WebLinkAboutMinutes City Council - 08/07/1984 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING AUGUST 7, 1984 9:00 A.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik ABSENT: Council Member David Berlanga, Sr. City Manager Edward A. Martin Assistant City Attorney Jay Doegey City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. 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 Jones stated that the purpose of the Special Council Meeting was for the discussion of the Water Conservation Plan and the appointment of a Water Advisory Commission. Mayor Jones began the meeting by relating some of the measures he and members of his family were taking to conserve water. Following the Mayor's remarks, each of the Council Members related their personal experiences in the Water Conservation Program. It was the general consensus that a great deal of water can be saved if the citizens sincerely try to eliminate waste. MICROFILMED lutes _acial Council Meeting August 7, 1984 Page 2 Council Member Guerrero asked City Manager Martin about the existence of wells owned by governmental entities in the customer territory of the Water District. City Manager Martin replied that there is an ongoing investigation as to the privately owned as well as publicly owned wells and he would have a report soon on the existence and capacity of the wells in the area and the availability of transporting that water to our reservoir. Mayor Jones then referred to the memorandum from City Manager Martin dated August 2, 1984 regarding the water surcharge ordinance and the three proposed options of water allocation for residential use. City Manager Martin explained the options and the effect that the adoption of same would have on the reduction of water usage. Mayor Pro Tem Turner, as well as Council Members Joe McComb and Frank Mendez, indicated that Option A would be their preference. Council Member Mary Pat Slavik indicated she preferred Option B, while Mayor Luther Jones, Council Members Leo Guerrero, Charles Kennedy and Welder Brown indicated a preference for Option C. Council Member Kennedy agreed that Option C was attainable and reasonably fair to the lower users but felt the allocation to the larger families was too great. Council Member Mary Pat Slavik again stated that she preferred Option B but that she could support Option C if the allocation to the larger family was lowered. Council Member Joe McComb again reviewed the percentage of allocation as compared to the family size and stated that in all fairness to everyone, the goal set should be an attainable one but that residential users should not be asked to make a greater sacrifice than those of commercial users and industry. He then made a motion that Option A be adopted. The motion was seconded by Council Member Mendez During discussion, Council Member Leo Guerrero stated that he still opted for Option C and Council Member Slavik also preferred Option C if it were modified at the high end. Council Member Mendez offered an amendment to the motion to change the allocation for families of eleven and over from 11,000 to 12,000 on Option A. The amendment to the motion was seconded by Mayor Pro Tem Turner. utes :cial Council Meeting August 7, 1984 Page 3 Council Member Kennedy indicated he still supported Option C as it was amended. Council Member Brown indicated he still preferred Option C but would go along with Option A as it was amended. Mayor Jones called for the vote on the motion to amend and it passed by a vote of 8 to 0 with Council Member Berlanga, absent. The original motion was again discussed and Mayor Jones called for the vote on the original motion and it passed by a vote of 5 to 3 as follows: Turner, Brown, Guerrero, McComb and Slavik voting, "Aye"; Jones, Mendez and Kennedy voting, "No"; Berlanga, "absent". Mayor Jones then suggested that the Council address to the question of commercial and industrial users. City Manager Martin and Mr. Doug Matthews, Director of Public Utilities, made a detailed presentation on their recommendation in regard to allocations for industrial and commercial users of water and the surcharges to be imposed upon over use. City Manager Martin explained that the Water Advisory Committee had been in contact with the industrial and commercial users and had made recommendations to the Council in that regard. He also pointed out that due to the frequency of the meeting of the Water Advisory Committee and the fact that in many instances the meetings were called on very short notice, it might be in their best interest that two alternate members be appointed to this board in order that there would be no difficulty in having a quorum at the meetings. After the Staff's presentation, Mayor Jones invited the public to speak on the commercial and industrial use. Mr. Ted Turner, representing the lawn industry, addressed the Council stating that the Water Advisory Committee had suggested that laundries and laundromats be allocated 100% of the use of water rather than the reduced 75%. He explained that many people will avail themselves of the use of laundries and laundromats due to the restrictions imposed upon them in the allocation for residences. He stated that businesses would be increasing, rather than decreasing, and that many had already implemented water saving devices and water conservation and it would be extremely difficult for them to cut an additional 25% from those reductions that had already been effected. He explained that the vote on the Water Advisory Committee had been 4 to 1 in favor of retaining the 100% use for the same month last year. He suggested that it is more important that clothes be cleaned than it is for automobiles to be washed and suggested further a greater reduction may be imposed upon the car wash industry rather than the laundry or laundromat industry. utes ,ecial Council Meeting August 7, 1984 Page 4 Mayor Jones expressed his disagreement with the request that laundries be left at 100% of their last year's use, indicating that in his opinion, everyone should have to sacrifice in order that we preserve this precious commodity. He stated that much time, effort and discussion had taken place in regard to the shortage of water and he did not feel it proper that anyone industry or business be given any particular advantage over another industry or business. Council Member Brown disagreed, indicating that he felt that the laundry industry would be placed in a position of having more business and could better serve the increase due to the water shortage if they were permitted to remain at 100% of their usage. Council Member Kennedy also indicated that he agreed that the Committee was correct in voting to recommend that the laundry industry be permitted the 100% allocation. He also indicated that the bottled water companies be given their full allocation because many people would be purchasing bottled water to supplement their allocations. Mayor Pro Tem Turner indicated her concurrence with the Committee's recommendation and with Council Member Kennedy's and Brown's views. Council Member Guerrero also indicated that he agreed that the laundry industry should be allocated their 100%. Council Member Joe McComb stated that discussion such as this places an undue burden on the Council who had not had the opportunity to hear all of the facts and suggested that all contacts with Council should be after the party had been before the Water Allocation Commission and the Council had the benefit of the Commission's recommendations. Mayor Jones then called for comments from the audience. Mr. Bob Gulley, 8225 Leopard, addressed the Council allocation of water to mobile homes. He indicated that there between a family living in a mobile home and that of a f single-family dwelling since the restriction had been p watering, except in the instance where mobile homes were in regard to the was no distinction amily living in a laced on outside not equipped for washers. He stated that he felt it was an insult to dwellers in pre -manufactured homes to distinguish them from dwellers in single-family residences and did not feel it was fair that they be treated in any manner different from a single-family residence. Mayor Jones asked Mr. Gulley if he knew what the average use of each mobile home was per month and Mr. Gulley stated that he could not answer exactly, but in his opinion, it was between 5,000 and 6,000 gallons. lutes ecial Council Meeting August 7, 1984 Page 5 Mayor Jones then asked Mr. Gulley how many mobile homes there were in the City, and Mr. Gulley replied that he was not certain of the exact amount but he would estimate it to be around 4,000. He also provided the Council with the figures on a number of mobile homes or pre -manufactured homes that are sold each year as compared to single-family dwellings being built. Council Member Slavik asked City Manager Martin if the increase in the allocation to the mobile homes would make much of an impact on the overall usage of water and City Manager Martin replied, not appreciably. Mr. Gulley then asked why his recommendation for mobile homes was 1,000 gallons per month less than those for single-family dwellings to which Mr. Martin replied that one item to be considered was that mobile home parks are not 100% occupied and that his recommendation was based on 100% occupancy, therefore, there would be additional water allocated to mobile homes because of the vacancy factor. Mayor Jones then asked Mr. Gulley what the average number of persons dwelling in a mobile home was, and Mr. Gulley replied that in his park, it was approximately 2.6 to 1 or very nearly the same as in single-family dwellings. Council Members Guerrero, Kennedy and Mayor Pro Tem Turner indicated that they agreed with Mr. Gulley in that the allocations for mobile homes should be the same as those for single-family dwellings. A motion was made by Mayor Pro Tem Turner that the allocations for mobile homes be figured at 6,000 per month per space regardless of family size. The motion was seconded by Council Member Guerrero and passed unanimously by those present and voting. A representative from the Gateway Mobile Home Park then addressed the Council and indicated that in his park, the average number per mobile home unit was 3.74 and also that the average time for a mobile home to remain in his park was 4.7 years which would disspell the thought that mobile home residents were transients. He stated that many people chose to live in mobile home parks because of the convenience and especially because of the cost of purchasing and maintaining single-family dwellings. He indicated that he could live with the 6,000 gallons per month per unit space but felt that additional consideration should be given because he operates a laundromat in conjunction with his park and the use of it will increase because of the restriction placed on the individual units. Mr. Willard Hammonds, 4418 Ocean Drive, addressed the Council explaining that he had a number of rental units throughout the City and was speaking for himself, yet he felt he was reflecting the views of other apartment owners. He stated that the statements made by Mr. Gulley in regard to mobile home occupants certainly applied to those people living in apartments and felt that there lutes ecial Council Meeting August 7, 1984 Page 6 certainly could be no difference between occupants of a mobile home and occupants in an apartment complex. He stated that there were approximately 23,000 apartments in the City of Corpus Christi housing over 70,000 people and he feels that each unit should be treated just like a single-family dwelling. He further explained that his rental units were 95% to 96% occupied and that people living in apartments should not be treated any differently from those who live in single-family dwellings. When the question of individual metering for apartments was raised, Mr. Hammonds replied that this would be extremely difficult to do, particularly in the larger apartment complexes since the apartments are not individually isolated, pointing out that in many instances there is one hot water system for several apartments and there would be no way of metering how much hot water each individual apartment used. Mr. Hammonds also pointed out that a prudent apartment manager had already implemented every water saving device possible for reasons of sheer economics -- wasted water is wasted money; and since in most instances the water is paid for by the apartment owner, they would naturally do everything in their power to see that the water consumption is kept at a minimum. He explained that in the operation of his business, he regularly monitored the use of water and diligently endeavored to repair any leaks that his tenants reported to him. He also pointed out the extreme difficulty in determining which tenant was using an excessive amount of water and said some consideration could be given to this point. Council Member Guerrero indicated his agreement with Mr. Hammonds and made a motion that apartment units be classified the same as that of mobile homes i.e. 6,000 gallons per apartment, assuming 100% occupancy regardless of the family size. The motion was seconded by Mayor Pro Tem Turner and passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "absent". Mrs. R. H. Jorgensen, 5256 River Oaks, informed the Council that she felt everyone should be given the same amount of water and did not feel that there should be any distinction made between people living in mobile homes, residences, apartments or otherwise. Mr. Kenneth Friedley, 4221 Center Drive, indicated that he felt allocation should be based on an annual basis rather than on a monthly basis. Mayor Pro Tem Turner then indicated she felt that a 75% allotment for commercial use was a little low and that 85% would be more appropriate. Council Member Slavik disagreed and stated that the Council should "hang tough" and hold the line on the use of water. flutes .ecial Council Meeting August 7, 1984 Page 7 Council Member Kennedy indicated that he felt the request of individual commercial users had merit but that it was an extremely difficult subject and he recommended that all variances to the 75% recommendation be referred to the Water Allocation Commission on an individual basis and that the Commission then make their recommendation to the City Council. He then made a motion to that effect which was seconded by Council Member Guerrero and passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "absent". Council Members Kennedy and and Guerrero simultaneously made a motion to accept the Staff's recommendation on commercial and industrial customers. The motion was seconded by Council Member Mendez. Mr. Jim Urban inquired if the 25% to 30% reduction to commercial and industrial was to be based on their normal use or on their present use they are now experiencing after having already effected many reductions. A gentleman who resides at 4108 River View Trail then addressed the Council indicating he does not feel that the Water Allocation Commission should be given the final authority. He expressed the opinion that the Council should not hide behind the recommendations of the Commission but should face the crisis and accept the responsibility for their decisions. Mr. Jack Shannon, President of the Hotel -Motel Association, indicated that the allocation given to hotels and motels would be extremely difficult based on usage a year ago and suggested that the allocation be based on a three-year average to those properties that had been in business over three years and that some estimate be made to the properties that had gone on line within the last three years. Mayor Jones then noting the time, suggested that perhaps the Special Council Meeting should be recessed and reconvened in the afternoon session. Upon motion by Council Member Guerrero, seconded by Council Member Mendez and passed unanimously, the Council recessed the Special Council Meeting at 12:24 p.m. Mayor Jones reconvened the Special Council Meeting at 2:00 p.m. City Manager Martin explained the revised ordinance which included the actions directed during the morning Special Council Meeting. He referred to the last sentence under Sec. 55-154, Paragraph A and stated that it is important that it be understood that all monies collected from surcharges shall be placed in a special fund to be used for research and development of alternative or expanded water sources for the City of Corpus Christi and its water customers. lutes .ecial Council August 7, 1984 Page 8 Meeting Mr. Martin further explained that under Paragraph B (4), the ordinance places the burden on the people to notify the City of the number of persons in a household. He briefly explained the penalty provisions in the ordinance. Council Member Slavik inquired about meters that are not being read and City Manager Martin explained that every effort will be made to see that the meters are read regularly. He further stated that there will be no penalty on an estimated bill. Mayor Jones explained,- for the benefit of those people in the audience who were not present during the morning Special Council Meeting, the change in Option A which allows for a family of eleven and over a water allocation of 12,000 rather than the recommended 11,000. He indicated that he would vote for passage of the ordinance and asked that citizens get involved in a spirit of conservation. Council Member Slavik stated that she hoped the citizens would understand this as something that the Council has to do. She stated that she did not feel this would present a hardship on anyone; expressed the opinion that if the citizens cooperate, we could certainly "beat" this; and further expressed the opinion that this ordinance is a fair one. Council Member Guerrero pointed out that this rationing of water is certainly not an attempt to just get the water cut off. He agreed with Mrs. Slavik that this ordinance is a fair one and expressed the opinion that he does not feel the City will find itself in this situation again because every measure will be taken to ensure that it does not. Mayor Pro Tem Turner commended the public for participation in the water conservation program. She expressed the opinion that it is time to look into a long-term solution; stated that it is absolutely essential that the City move forward as aggressively as possible to identify alternate sources of water; and concluded by stating that the City needs to move forward and pass a bond election or bond issue for this purpose. Mayor Jones called for comments from the audience on the ordinance. Mrs. Debbie Hunt, 4135 Crenshaw, inquired if her 30 -day permit for new landscaping would be cancelled if this ordinance passed, and City Manager Martin replied that it would not. He explained that if the City should go into Condition III, then the use of water for new planting or landscaping would be prohibited. There were no further comments. utes acial Council Meeting August 7, 1984 Page 9 City Secretary Read polled the Council for their vote on the ordinance and it passed as follows: 1. ORDINANCE NO. 18401: AMENDING CHAPTER 55, ARTICLE XII, ENTITLED WATER CONSERVATION, CORPUS CHRISTI CITY CODE, AS AMENDED, TO ADD A NEW SECTION ENTITLED SURCHARGES AND TERMINATION OF SERVICE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga, "absent". * * * * * * * * Mayor Jones called for consideration of appointments to the Water Advisory Committee. Mayor Pro Tem Turner suggested that this be an 11 -member Commission. Council Member Guerrero expressed the opinion that eleven members are too many and that he felt it should consist of five or seven members. A motion was made by Council Member Guerrero that the body for the Water Advisory Commission be limited to seven. The motion was seconded by Council Member Brown. Mayor Pro Tem Turner spoke against the prefer an eleven member commission plus an Christi '90 Task Force. Council Member Slavik agreed with Mrs. motion, reiterating that she would ex -officio member from the Corpus Turner, stating that she felt that seven members might not allow the Council enough highly qualified people. She suggested that possibly five leaders and five extremely bright technical people should be appointed, adding that this should not be a political committee. Council Member Guerrero then withdrew his motion and Council Member Brown withdrew his second to Mr. Guerrero's motion. A motion was made by Council Member Guerrero that the membership to the Water Advisory Commission consist of nine members, seconded by Council Member Slavik and passed. zutes ecial Council Meeting August 7, 1984 Page 10 The following appointments were then made to the Water Advisory Commission. Mr. Richard King, III Mr. Allan Shifley Mr. William R. (Dusty) Mr. Jerry Ehrman Mr. Charles E. Jacobs Mr. Tony Canales Judge Allen Wood Mr. Hayden Head Mr. W. R. Edwards Durrill Council Member McComb pointed out that Corpus Christi is the major water supplier to some of the surrounding areas and expressed the opinion that he would not have any problem with increasing the membership to include two other members -- one from Port Aransas and the other from Portland. A motion was made by Council Member Guerrero to increase the membership by two to include the surrounding areas, seconded by Council Member Brown and passed unanimously. Mr. George Hawn from Port Aransas and Mr. Gene Dressen from Portland were then appointed. A motion was made by Mayor Pro Tem Turner to accept the guidelines for the allocations of industrial and commercial users, seconded by Council Member Mendez and passed by those present and voting. City Manager Martin then noted that the Chairman for the Water Advisory Commission should be appointed by the City Council. A motion was made by Mayor Pro Tem Turner that Mr. Hayden Head be designated as Chairman for that Committee; seconded by Council Member Guerrero; and passed unanimously by those present and voting. There being no further business to come before the Council, on motion by Council Member Guerrero, seconded by Mayor Pro Tem Turner and passed unanimously, the Special Council Meeting of August 7, 1984 was adjourned at 3:06 p.m. rr