HomeMy WebLinkAboutMinutes City Council - 02/09/1987 - SpecialMINUTES
SPECIAL COUNCIL MEETING
February 9, 1987
Bayfront Plaza Convention Center, Room 203B
7:00 p.m.
PRESENT
Mayor lather Jones
Mayor Pro Tem Dr. Jack Best
Council Members:
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill. Pruet
Mary Pat Slavik
Linda Strong
Mayor Luther Jones called the
Convention Center.
City Manager Craig McDowell
City Attorney Hal George
City Secretary Armando Chapa
meeting to order at the Bayfront Plaza
City Secretary Armando Chapa called the roll and verified that the
necessary quorum of the Council and the required Charter Officers were present
to conduct the meeting.
Mayor Jones stated that the purpose of the meeting was to further consider
the proposed amendments to the City Charter, allow for comments from the public,
and subsequently submit them to the voters on April 4, 1987. He expressed
appreciation to the Charter Revision Commission who had worked diligently to
prepare the revised charter amendments. He asked Mr. Todd Hunter and Mr. David
Bonilla, who were co-chairmen of the Commission, to make a brief report prior to
the public comment.
Mr. Todd Hunter presented a report on the organization portion of the
proposed revisions, stating that Mr. Bonilla will provide some of the issues as
his part of the presentation.
Mr. Hunter explained how the Commission had performed their work during the
past year. He stated that the Commission had been divided into three
subcommittees entitled Administration, Public Representation, and Finance and
Taxation, to study the issues. He expressed the opinion that the result of
their study was a much more concise Charter that is in compliance with State law
and one which they feel will be easier to work with and easier to understand.
He recommended that the Council adopt the document and place it on the ballot at
the April 4 election.
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Mr. David Bonilla discussed briefly the following issues that had elicited
more comments from the public:
(1) Annexation: Article I, Section 2, subsection (d). The Commission
felt that annexation by ordinance is a power that the City should have. Based
on that belief, the Commission made the decision to include a method of annexing
non -controversial pieces of property which should be annexed by the City, but
they modified the method to require three readings of the ordinance by the
Council and require a 60 -day delay before the annexation is final. During that
60 -day period, citizens who are opposed to the annexation could submit a
petition signed by 500 voters of the City requesting that that annexation be
considered as a referendum.
(2) Initiative and Referendum: Article I, Section 4, subsections (a) thru
(1). This is a fundamental principle of home rule cities. This is a method by
which 5% of the voters pursue legislation through initiative, and referendum is
the method by which 5% of the citizens may request that they be allowed to vote
on an ordinance that they feel should not have been passed.
(3) Mayor Pro Tem: Article II, Section 4, subsection 12, deals with how
Mayors are replaced. The Commission modified subsection 12 to state that in the
event the Mayor is unable to serve, the Mayor would be replaced, if there is
less than one year remaining in the term, by the member of the Council who
received the largest number of votes at large in the election. If there were
more than one year remaining in the Mayor's term, the Mayor would be replaced by
a special election called by the Council.
Mr. Bonilla focused on Section 4 which states that the Mayor Pro Tem will
be selected by the City Council, and they may do this on a rotating basis or for
an entire term, whichever the Council prefers.
(4) City Manager: Article III, Section 2. The major change was the
removal of Sections 3 and 4 which dealt with removal and hiring of department
heads which previously required approval by the Council. The Commission felt
that the City is a business similar to any large corporation in which the chief
executive officer runs the business. They, therefore, felt that the City
Manager should have the authority to hire and dismiss employees without the
approval of the Council.
(5) Tax Cap: Article VIII, Section 1. The Commission made the decision
to allow the tax cap to remain in effect since it had been established by the
voters in 1980 and the actual tax rate is below that cap. They did include a
provision by which it could be amended by ordinance subject to the approval of
the voters in a referendum. In other words, the voters would still have to
approve the removal of the tax cap.
In response to a question by Mayor Jones, Mr. Bonilla explained that the
annexation by contract is still in the Charter.
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Council Member Slavik asked for an explanation of the new Article VII,
Section 4. She expressed the opinion that this might be in conflict with the
State law, Article 126911 pertaining to political activities by City employees.
Assistant City Attorney Jimmy Bray explained that the State law Article
1269M applies only to fire and police officers and it prohibits their
campaigning in uniform or while they are on duty. He noted that the proposed
Charter section applies only to other employees of the City.
Council Member Guerrero referred to the same Section 4 and expressed the
opinion that the Charter provision is not as liberal as the ordinance recently
passed on this subject, and Mr. Bray stated that the ordinance is just a little
more specific in context, and the employees should be governed by the Charter
and the ordinance.
City Attorney Hal George provided a further explanation by stating that the
Commission did not intend to make any change in the existing law except that the
Charter is more liberal than the previous wording in the Charter which
prohibited any type of political activity.
Mr. Hunter agreed that that was the Commission's intent and suggested that
City Attorney George might be able to further clarify Section 4 before it is
placed before the voters.
Further discussion followed and it was the consensus of the Council that
this section should be clarified to be more explicit as to what City employees
can do politically.
In response to a question from Council Member Frank Mendez, City Manager
McDowell explained that all City employees had been provided with a memorandum
in regard to just which political activities they may participate in.
COMMENTS FROM THE PUBLIC
The Council agreed to allow the City Secretary to speak first.
City Secretary Chapa addressed the Council on the following items:
(1) Article II, Section 1 (b) which deals with the election date. He
requested that the date of the election be changed in the Charter to delete the
reference to April or May. He explained that if this is done, the governing
body may select the election date from the State designated uniform election
dates.
City Attorney George commented that the Commission felt that the election
date should remain as close as possible to the traditional election date, and
that is the reason the April or May dates were included in this section.
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Mr. Chapa explained that the State Legislature is still working on changing
the April/May uniform election date.
Mayor Jones agreed with Mr. George that the citizens should be aware of the
approximate date on which the election will be held.
Mr. John Bell stated that their committee was aware of the proposed
legislation; they were also aware that the Texas Municipal League was attempting
to retain the April date in odd -numbered years. He explained that the Commission
did not want future Councils to have the flexibility to change the election date
at will. They therefore decided to list the April and/or May dates in
accordance with the future State law on uniform election dates.
Mayor Jones pointed out that if the Charter did not specify a date, then
the Council could establish any of the four uniform election dates.
City Manager McDowell stated that he felt that the Council should not be
able to set any date in the year but should be limited to either an April or May
date.
City Secretary Chapa stated that another concern he had was the requirement
in the existing charter for candidates to submit a petition. He stated that he
would like to have the requirement for a petition eliminated from the Charter.
Mayor Jones agreed and expressed the opinion that candidates should not
have to pay a fee and should not have to submit a petition. The other Council
Members concurred with the Mayor and the City Secretary.
Mr. Bonilla stated that the Commission did not discuss that but the
requirement for petitions is not in the proposed amendments.
City Secretary Chapa continued by referring to Article II, Section 14,
subsection (b). He stated that this refers to workshop sessions of the City
Council and he questioned the requirement that would prohibit the Council from
discussing items during the workshop session and voting on them during the
regular meeting on the same day. He wanted the Council to be aware of this
change in the event they did not agree with this.
After discussion, it was the consensus of the Council that the proposed
amendment should remain as it is so that the Council could not conduct
discussions on items in the morning and then vote on them the same day.
Council Member Strong pointed out that the phrasing in the section mentions
"items previously scheduled for such regular or special sessions." She noted
that the Council would still be allowed to place a new item on the afternoon
agenda that might come up during the workshop session.
City Secretary Chapa stated that his last concern was the requirement that
the City Secretary take minutes of workshop sessions as designated in Article
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II, Section 14, subsection (c). He questioned the need to take minutes of
workshop sessions.
Council Member Strong stated that she felt that it is important that
minutes of workshop sessions be prepared and suggested that no change be made in
the proposed language.
During discussion of this section, several Council Members expressed the
opinion that minutes or recordings should be taken of even the closed meetings,
but it was pointed out that such a requirement is now being discussed at the
State level.
City Attorney George expressed concern that such minutes or recordings
might have a detrimental effect if the City should become involved in a lawsuit,
particularly in settling lawsuits or prices the City is willing to pay for
certain pieces of property.
Mr. Hunter pointed out that this section does not prohibit taking minutes
or recordings of closed sessions, but it does not require that it be done.
Council Member Slavik referred to Article III, Section 2, subsections (j)
and (k) and expressed concern that the City Manager would not have to present to
the Council for confirmation his appointments of department heads.
Mr. George noted that the Council still must be informed of certain
appointments.
Council Member Guerrero explained that a few years ago, a City Manager
created new positions and approved large salary increases without the Council's
knowledge. He stated that this is the Council's concern about the proposed
change.
Mr. George Brown, a member of the Commission, stated that the ordinance
referred to by the City Manager which was passed at the Council's request was
brought to his committee's attention, and knowing that that ordinance was in
existence, they felt that a Council/Manager form of government should not
require approval of appointments made by the City Manager. He pointed out that
this is the only City with a Council/Manager form of government that has such a
requirement.
Council Member Mendez pointed out that the ordinance previously passed
requires that the Council be informed of salary changes and changes in the
management structure.
Mayor Jones then referred to the timetable for the election and reminded
the Council that in order to comply with the Election Code, the election must be
called by February 17, 1987.
Mr. Chapa explained that changes could be made up until 30 days before the
election, or up until March 4, 1987.
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COMMENTS FROM THE PUBLIC
Mr. R. J. Herschbach pointed out that the existing charter states that all
existing ordinances and laws will remain in full force and effect, and this
statement does not appear in the proposed revised charter.
City Manager McDowell stated that this statement is included in a different
section of the Charter, and the change was made to eliminate duplication. He
assured the Council that it does state that all existing laws, ordinances, etc.
will remain in full force and effect.
Mr. Herschbach continued by referring to Article VII, Section 4, which
refers to political activities by City employees. He stated that as a former
City employee he had worked very hard to have this covered by state law, and in
Article 1269M, it is clarified as to what fire and police officers can engage in
politically. He questioned if the proposed Charter section allows freedom of
speech for City employees and asked that this section be changed to specifically
prohibit employees from political activities while in uniform, during working
hours or on City property, but allow them freedom after hours.
Council Member Mendez stated that he felt that this was clarified in the
Ordinance the Council recently passed.
Mr. Herschbach also questioned the proposed amendment that addressed
classifications in the fire department and Civil Service and stated that he felt
that the fire positions should be listed in the proposed Charter so that they
could not be eliminated by a City Manager.
City Manager McDowe]1 pointed out that the Council now approves salaries,
classifications, etc. through collective bargaining; this is subject to the
approval of the Council; and he felt that it does not need to be included in the
Charter.
Mr. Lewis Lovelace, 1549 Case Grande, stated that he would like to see a
change to require that the City Attorney be elected and not be under the City
Manager. He also objected to additional powers being granted to the City
Manager in the proposed Charter. He expressed the opinion that this proposed
Charter is not specific enough.
Council Member Slavik stated that she understood that there was some
discussion on the possibility of electing the City Attorney. She expressed the
opinion that the City Council needs an attorney, whereas the City Attorney now
has as his first obligation allegiance to the City Manager.
City Attorney George explained that the City Attorney is required to
represent the City, the City Council, Boards and Commissions, and not primarily
the City Manager.
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Mr. Hunter informed the Council that the Commission had discussed the
possibility of electing the City Attorney but reached the conclusion that it
would be preferable to continue having the City Manager appoint the City
Attorney.
Council Member Guerrero stated that at times he has felt that he did not
have an attorney and there have been times when the City Attorney was obviously
representing the City Manager rather than the City Council.
Mr. Lovelace interjected that he had frequently had the impression that the
City Attorney did not properly represent the citizens.
Mayor Jones pointed out that if the City Attorney is not performing well,
it is the responsibility of the City Manager, and the City Manager can be
dismissed by the Council at any time. He expressed concern that electing the
City Attorney would result in a very political situation.
Mr. J. E. O'Brien, 4130 Pompano Place, referred to Article 1, Section 4 (b)
which addresses the power of initiative and referendum and objected to the fact
that it excludes certain items such as the operating or capital budgets of the
City, appropriations already made, levy of taxes, and the individual salaries of
City officials or employees. He expressed the opinion that a good initiative
and referendum section should not have any limitations and nothing should be
excluded.
Mr. O'Brien then referred to Section 4 (g) which in effect requires that if
a petition is presented and approved, the issue will be placed on the next City
Council election ballot. He stated that this indicates that the matter could
not be considered until the next City Council election which he felt was an
unnecessary delay and suggested that this be amended.
Mr. O'Brien then referred to Article II, Section 2 (b) which allows
political organizations to make nominations of candidates, expressing the
opinion that this would make City elections partisan.
He then suggested that the Council consider delaying the referendum on the
Charter until the new Council is in office. He stated that he felt that the
citizens should have more time to try to understand the Charter. He also
indicated that the City Attorney should be elected or another attorney should be
employed to directly represent the Council.
Council Member Slavik agreed with Mr. O'Brien that initiative and
referendum items should not be delayed until a City Council election and stated
that she did not believe that this was the Commission's intention but that the
Section was just poorly worded.
City Manager McDowell stated that it was the intent of the Commission that
issues will only be considered every two years.
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Mr. John Bell explained that the members felt that otherwise the City would
have to bear the expense in the approximate amount of $70,000 several times
during the year on I & R matters.
Council Member Mendez addressed the I & R issue and complimented the
Commission on including the opportunity for citizens to have a voice in
government. He also agreed that allowing a referendum every two years is the
correct time frame.
Mr. Bell addressed the Council as a member of the Commission and noted that
the new Charter will be thirty pages long as opposed to the existing one hundred
twenty page Charter. He stated that it has been said that it is a "General"
Charter but he thought that this was the best thing that could happen because it
is easy to read and understand. He stated that the document presented to the
Council is the result of a lot of compromise on the part of the Commission
members who now approve of this document.
Mrs. Pauline Clarke, 3902 Mueller Street, commented that the Council
selected the members of the Commission who worked for over a year to prepare
this document and urged that it be presented to the voters without any changes.
Mr. August Meinrath agreed that the makeup of the Commission assured that
everybody in the City was represented. He urged that the citizens be educated
as to the contents of the proposed Charter.
Council Member Slavik urged that the annexation issue not be listed on the
ballot with any other important issues because she felt that people are very
concerned about annexation by ordinance and it might not be approved.
Dr. Miriam Wagenschein, 6810 Sahara, informed the Council that the
Commission debated the issue of allowing the City Manager the authority to hire
and dismiss department heads. She stated that she now agrees that it should be
the prerogative of the City Manager rather than the Council. She also pointed
out that the proposed Charter is quite an improvement over the existing one.
Mr. Brown also requested that the Council not make any changes but present
the document to the voters as recommended.
Mr. Lovelace inquired if the citizens could vote on individualportions of
the Charter amendments, and Mr. Hunter assured him that they could vote one
issue down and approve another issue.
Mayor Jones inquired if the Council felt that another public hearing was
necessary on this issue, or if further discussion and decisions could occur
during a regular Council Meeting.
Council Member Strong pointed out that publication advertised two hearings,
therefore, she felt that a second public hearing should be conducted.
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It was the consensus of the Council that the meeting on Monday, February
16, should be held.
Mr. Quadalupe Valdez commended the Charter Revision Commission members for
their excellent work in revising the City Charter. He suggested that letters be
sent to various organizations to send representatives to the meeting next Monday
night so that more people will be aware of the contents of the amendments.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Best, seconded by Council Member Mendez and passed unanimously,
the meeting was adjourned at 10:00 p.m. February 9, 1987.
I HEREBY CERTIFY that the foregoing is a true and correct copy of the
Minutes of the Special Council Meeting of the City of Corpus Christi of February
9, 1987.
WITNESSETH MY HAND AND SEAL, this the l3 day ofypa%
19 kg .
Armando Chapa, City Secretary
City of Corpus Christi