HomeMy WebLinkAboutMinutes City Council - 08/01/1989MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
AUGUST 1, 1989
2:00 p.m.
PRESENT
Mayor Betty Turner
Mayor Pro Tem David Berlanga
Council Members:
Leo Guerrero
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was delivered by Council Member Joe McComb following which
the Pledge of Allegiance to the Flag of the United States was led by Council
Member Mary Rhodes.
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 Turner called for approval of the Minutes of the Regular Council
Meeting of July 25, 1989.
Mr. Philip Rosenstein spoke in objection to the Minutes. He stated that he
listened to the tape cassette of the meeting and alleged that the Minutes
contained false entries and portions were deleted relative to the Council's
travel allowance.
Mayor Turner requested that Mr. Rosenstein submit his concerns to the City
Secretary's office and that the staff check the cassette tape.
In reference to the Minutes, Mr. J. E. O'Brien, 4130 Pompano, questioned
some wording on Page 18 and suggested that all remarks made by a Council Member
relative to a car allowance should be included in the Minutes.
City Secretary Chapa indicated that the Minutes are compiled as a composite
of notes taken and he feels that his office submitted an accurate representation
of what actually happened during the Council Meeting.
Nia,`ROFILMED
Minutes
Regular CouncilMee,ing
August 1, 1989
Page 2
City Manager Garza indicated that the Minutes are not verbatim Minutes but
are action Minutes.
It was the consensus of the Council that the Minutes not be approved until
the City Secretary's office has had a chance to review the tape.
Mayor Turner recognized Ms. Sandra Langberg, General Chairman of the Sister
City Committee, who introduced members of the committee who welcomed and
introduced exchange students from Sister Cities of Yokosuka, Japan, Vera Cruz,
Mexico and Corpus Christi.
Mayor Turner recognized Mr. Rudy Delgado, representing the Economic
Development Corporation, who introduced Dr. Joseph Garcia, Assistant Director of
one of the regional governments in Spain, who is in the City to conduct a
seminar on doing business with Spain.
Mayor Turner administered the Oaths of Office to the following newly
appointed Board and Committee appointees: Bradley Lomax - Corpus Christi Area
Convention and Visitors Bureau; S. Loyd Neal and Welder Brown - Private Industry
Council.
Mr. John Bell, Co -Chairman of the Ethics Revision Commission, gave a
presentation by the Commission of their recommendations which represent a fair
compromise reached by the Commission.
Discussion ensued and a series of specific questions were asked by various
Council Members, and Mr. Bell responded to the questions.
Council Members Rhodes and Berlanga expressed pleasure with the
Commission's recommendations, stating that the Committee had done a very good
job.
Mayor Turner requested that the proposed revisions be placed on a future
agenda for discussion and adoption by the Council.
Mayor Turner referred to the Board and Committee appointments and
it was the consensus of the Council that the appointments be postponed for two
weeks. It was also the consensus of the Council that Hector Garcia and James
Wagner be appointed to serve as Co -Chairmen of the CC Complete Count Committee.
* * * * * * * * * * * * * *
It was the consensus of the Council that Items 20 and 21 relative to the
adoption of the 1989 Ad Valorem Tax Rate and Approval of the 1989 Tax Levy be
moved forward on the agenda.
Council Member Martin inquired about the comparable rate numbers from last
year, and City Manager Garza stated that the City has to hold harmless the debt
service fund. He explained the last minute adjustments made in the budget and
Minutes
Regular Councii Me:ting
August 1, 1989
Page 3
stated that the debt service last year was one cent lower and that the
maintenance and operations from last year was $.45750.
Council Member Martin commented on the tax increase and inquired if the
City is levying less taxes this year than last year, and City Manager Garza
replied in the affirmative. Mr. Garza stated that the City is cutting taxes by
almost one-half a penny; it is levying less dollars than last year; and he
explained the effective tax rate versus the rate levied last year.
Council Member Hunt commented on facts relating to five years ago when the
Taxpayers Association alleged that the tax rate was illegal. Mr. Hunt referred
to commercial property owners and stated that they should be concerned about the
tax increase. He indicated that this one -cent tax increase will hurt the
businessman and he is opposed to it because it can put them over the brink into
bankruptcy.
Council Member Martin stated that, as a businessman, he represents $23
million in property tax valuation which will mean about $2,300 more in taxes,
stating that is little enough to pay if it means more arrests of drug dealers
and burglars. He stated that he does not know of any business who will be put
over the brink of bankruptcy by this tax increase.
Mr. Robert Reyna, 1821 Roslyn, questioned if the Council did not adopt the
Minutes from last week if this would negate action that they are about to take
because it would be a violation of the City Charter. He stated that if the
Minutes were not approved, there would not be a budget.
Mr. Philip Rosenstein stated that he is not opposed to a one -cent tax
increase but is opposed to a car allowance for the Council Members. He referred
to the Minutes from last week and stated that the Council is trying to set a tax
rate without a budget and that he is in opposition to action taken this week
which was connected to last week's meeting because the Minutes have not been
approved.
Mr. J. E. O'Brien, 4130 Pompano, stated that the City Manager submitted a
budget to the Council and the Council adopted a budget which was about $2
million higher. He commented on the debt service, stating that the balance for
debt service is being taken from other City funds. He questioned if there is
enough money in other areas without increasing the tax rate. Mr. O'Brien stated
that actions taken at last week's Council Meeting were outrageous and if the
Open Meetings Act was violated, that would mean that the budget was adopted
illegally. Mr. O'Brien expressed the opinion that the one -cent tax increase is
not in order.
City Secretary Chapa stated that his office reviewed the tape of last
week's meeting and he believes that what was submitted to the City Council is an
accurate representation of the intent of what took place last week. He noted
that the Minutes are not done verbatim and asked that the Council consider
approving the Minutes.
Minutes
Regular Council' Meeting
August 1, 1989
Page 4
Council Member Rhodes stated that the Minutes are legal records. She
stated that you cannot change the wording of what was actually said to reflect
what you thought a Council Member meant to say. She stated that the Council has
to vote to approve the Minutes with the amendment of what was actually said.
Mr. Chapa stated that oftentimes his office has to interpret what a Council
Member said because of the taping system, noting that sometimes Council Members
do not speak into the microphones or have them turned on. He stated that the
action of what takes place is action of the Council and he feels that the intent
of the Minutes is correct.
A motion was made by Council Member Rhodes to amend the Minutes from last
week to reflect the transcript from the City Secretary's office that Mr. McComb
said "travel instead of "car." The motion died for lack of a second.
Mr. Raymond Hasker, 1813 Wallace, spoke in opposition to a tax increase.
Council Member McComb read aloud what the Minutes stated he said at last
week's Council Meeting and what he actually said from the transcript. He
offered an explanation of his intent regarding the motion which was "car
allowance."
A motion was made by Council Member Guerrero to approve the Minutes of the
July 25, 1989 Council Meeting as submitted with the clarification explained by
Council Member McComb. The motion was seconded by Mayor Pro Tem Berlanga and
passed by the following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb,
Moss and Schwing voting, "Aye"; Rhodes voting, "No."
City Secretary Chapa polled the Council for their votes and the following
were passed:
20. ORDINANCE NO. 20742
PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF
CORPUS CHRISTI, TEXAS, FOR THE YEAR 1989 AND FOR EACH SUCCEEDING YEAR
THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS AS
THE SAME MAY BE APPLICABLE; PROVIDING FOR EARLY DISCOUNT PAYMENTS;
PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Martin, Moss and Rhodes voting,
"Aye"; Hunt, McComb and Schwing voting, "No."
21. M89-0213
Motion approving the Tax Levy for the City of Corpus Christi for the Tax
Year 1989 in accordance with Section 26.09(e) of the Texas Property Tax
Code, which states that the Assessor will submit the appraisal roll, with
Minutes
Regular Council Meeting
August 1, 1989
Page 5
amount of tax entered, to the governing body for approval as the City's tax
roll.
The foregoing motion was passed by the following vote: Turner, Berlanga,
Guerrero, Martin, Moss and Rhodes voting, "Aye"; Hunt, McComb and Schwing
voting, "No."
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions, Resolutions,
Ordinances and Ordinances from previous meetings on Items 1 thru 19 and Council
Members requested that Items 16, 17 and 19 be withheld for discussion, and City
Manager Garza withdrew Items 1 and 4.
There were no questions from the audience on the other items.
City Secretary Chapa polled the Council for their votes and the following
items were either withdrawn or passed:
1. WITHDRAWN
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PeI4ee-(4f4eerst-G4v41-8erv4ee-Gemm4ssien:
2. M89-0211
Motion approving a supply agreement for fire fighting clothing with Vallen
Safety Supply Co. in accordance with Bid Invitation No. BI -0231-89 based on
low bid for an estimated annual expenditure of $32,722.50. The term of the
agreement shall be for twelve months with option to extend for an
additional twelve months subject to the approval of the supplier and the
City Manager or his designee.
The foregoing motion passed by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
3. M89-0212
Motion approving supply agreements for swimming pool chemicals with the
following companies in accordance with Bid Invitation No. BI -0173-89 based
on low bid and only bid meeting specifications for an estimated annual
expenditure of $65,300.95. The terms of these agreements shall be for
twelve months with option to extend for an additional twelve months subject
to the approval of the supplier and the City Manager or his designee.
These chemicals will be used by the Park S. Recreation Department for
maintenance of City swimming pools:
Dixie Petro -Chem
Total: $57,980.65
Van Waters and Rogers
Total: $7,320.30 (subject to price
adjustment)
Minutes
Regular CouncilMeeting
August I, 1989
Page 6
The foregoing motion passed by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
4. WITHDRAWN
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Gempany-fer-resterat#en-ef-the-Bluff-Balustfeder
5. RESOLUTION NO. 20737
ACCEPTING THE 15TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS; AND
APPROPRIATING FUNDS FOR APPROVED 15TH YEAR PROJECTS.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye."
6. ORDINANCE NO. 20738
AUTHORIZING THE EXECUTION OF A ONE-YEAR FARMING LEASE AGREEMENT WITH EDWARD
NEMEC FOR A 7- ACRE TRACT OF LAND LOCATED ON CHAPMAN RANCH ROAD; AND
DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss,
Rhodes and Schwing voting, "Aye."
7. ORDINANCE NO. 20739
AUTHORIZING THE EXECUTION OF A ONE-YEAR FARMING LEASE AGREEMENT WITH EDWARD
NEMEC FOR A 20.598 ACRE TRACT OF LAND LOCATED AT THE NORTHEAST CORNER OF
CHAPMAN RANCH ROAD AND SARATOGA BOULEVARD; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss,
Rhodes and Schwing voting, "Aye."
8. ORDINANCE NO. 20740
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF IN THE CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: Gardendale Area, Phase II -
Curtis Clark Drive, from Everhart Road to South Staples Street - REQUIRING
THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS AND
SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE
OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN;
PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
August 1, 1989
Page 7
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss,
Rhodes and Schwing voting, "Aye."
9. ORDINANCE NO. 20741
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR
THE IMPROVEMENTS OF THE FOLLOWING STREET: Gardendale Area, Phase II -
Curtis Clark Drive, from Everhart Road to South Staples Street -
DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING
PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING
ON THE PRELIMINARY ASSESSMENT ROLL DURING THE REGULAR 2:00 P.M. MEETING OF
THE CITY COUNCIL ON AUGUST 29, 1989, IN THE COUNCIL CHAMBERS, CITY HALL,
1201 LEOPARD STREET, CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss,
Rhodes and Schwing voting, "Aye."
10. FIRST READING
CLOSING AND ABANDONING TRAVIS AVENUE FROM SCHANEN BOULEVARD TO DUBLIN DRIVE
ADJACENT TO LOTS 8 AND 9, SCHANEN ESTATES UNIT 1, SHOWN BY PLAT IN VOLUME
20, PAGE 17, MAP RECORDS, NUECES COUNTY, TEXAS, AND ADJACENT TO LOTS 23 AND
24, SCHANEN ESTATES UNIT 3, SHOWN BY PLAT IN VOLUME 24, PAGE 12, MAP
RECORDS, NUECES COUNTY, TEXAS, SUBJECT TO THE PROVISIONS LISTED BELOW.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
11. FIRST READING
CLOSING AND ABANDONING A 10 -FOOT WIDE UTILITY EASEMENT LOCATED BETWEEN LOT
9, SCHANEN ESTATES UNIT 1, AND LOT 23, SCHANEN ESTATES UNIT 3, CLOSING THE
NORTHWESTERN 119 FEET OF THE 10 -FOOT UTILITY EASEMENT LOCATED BETWEEN LOT 8
SCHANEN ESTATES UNIT 1 AND LOT 24 SCHANEN ESTATES UNIT 3 AND LEAVING OPEN
THE REMAINING 250 FEET OF THE 10 -FOOT EASEMENT BETWEEN SAID LOT 8 AND LOT
24 SUBJECT TO CERTAIN PROVISIONS.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
12. FIRST READING
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH RED LINE
BURGERS, INC. TO ALLOW THE INSTALLATION AND MAINTENANCE OF AN ENTRANCE LANE
Minutes
Regular Council Meeting
August 1, 1989
Page 8
12 FEET INTO THE PUBLIC RIGHT-OF-WAY ON STANLEY STREET AT SOUTH PORT
AVENUE.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
13. FIRST READING
AUTHORIZING THE RENEWAL OF THREE YEAR LEASE AGREEMENTS WITH THE PADRE
LITTLE -SENIOR LEAGUE FOR THE USE OF A TRACT OF LAND AT THE HOLLY ROAD WATER
RESERVOIR SITE AND FOR THE USE OF A TRACT OF LAND AT SOUTH GUTH PARK FOR
YOUTH SPORTS PURPOSES.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
14. SECOND READING
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH FIRST OFFICE
MANAGEMENT, INC. DBA AMERICAN BANK PLAZA TO ALLOW THE INSTALLATION OF EIGHT
LANDSCAPE PLANTERS IN THE PUBLIC RIGHT-OF-WAY OF LEOPARD STREET AND
TANCAHUA STREET.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
15. SECOND READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMAL CONTROL, SECTION 6-21,
IMPOUNDMENT, SUBSECTION (F) TO AMEND THE FEE FOR ADOPTION OF UNCLAIMED
ANIMALS SO AS TO EXCLUDE THE IMPOUNDMENT FEE.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Berlanga, Guerrero, Hunt, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye."
18. SECOND READING
AMENDING THE CITY CODE, CHAPTER 55, UTILITIES, SECTION 55-146, ABNORMAL
SEWAGE SURCHARGE, SUBSECTION (H), SO AS TO PROVIDE CERTAIN INCREASES IN
WASTEWATER RATES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING FOR SEVERANCE PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION.
linutes
Regular Council Meeting
August 1, 1989
Page 9
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Berlanga, Guerrero, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye"; Hunt voting, "No."
* * * * * * * * * * * * *
Relative to Item No. 16 on the Museum admission fees, Council Member McComb
commented on the free admission to children on Saturdays and requested that
there be a stipulation that admission for children is free on Saturdays as long
as they are accompanied by an adult. Mr. McComb expressed the opinion that he
does not want the children dropped off and the City to provide a baby-sitting
service. Before the third reading, Mr. McComb requested a response to his
suggestion from the Director of the Museum.
Mr. J. E. O'Brien stated that the Taxpayers Executive Committee opposes any
fees for the Museum.
In reference to Item No. 17 on the proposed 16.7% wastewater rate increase
ordinance, Mr. O'Brien expressed the opinion that the City should not increase
wastewater rates unless they consider reducing the water rates to compensate.
Mr. O'Brien commented on the City's financial statement relative to water rates.
City Manager Garza recommended that the City maintain the present system.
He stated that two important things the City can do in the development of a City
is to make sure they have a good water system and a good wastewater system. He
stated that the City has a major debt in the water system on the construction of
Choke Canyon.
Council Member Hunt stated that the Council was supposed to be provided a
comprehensive breakdown of what has occurred in the Water Department account but
that he has not seen that information, and City Manager Garza indicated that
information was responded to by Budget Memorandum No. 5 in July.
Mayor Pro Tem Berlanga inquired about the last rate increase in wastewater,
and City Manager Garza responded by stating that last year there was a five -
percent increase.
In response to a question from Council Member Hunt pertaining to the Choke
Canyon debt, Mr. Garza stated that the City has met its obligations under the
contract with the Bureau of Reclamation; they have honored their obligations;
and that the contract allows the City to defer interest. Mr. Garza explained
the terms of the contract.
Discussion followed and Council Member Martin suggested that staff give a
presentation to the Council relative to Budget Memo No. 5.
Relative to Item No. 19 on the 1990 TMRS Contribution Rate, Council Member
Moss inquired about military buy-back for vested employees, and City Manager
Garza responded by stating that individuals who have served in the military are
Minutes
Regular Council Meeting
August 1, 1989
Page 10
allowed to increase their years of experience with the pension fund if they are
vested. Mr. Moss expressed the opinion that this is a very generous retirement
system and should be publicized to the employees.
City Secretary Chapa polled the Council for their votes and the following
were passed:
16. SECOND READING
AMENDING THE CODE OF ORDINANCES TO AUTHORIZE THE CITY MANAGER TO APPROVE A
SCHEDULE OF FEES FOR ADMISSION TO THE CORPUS CHRISTI MUSEUM.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Berlanga, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye";
Hunt voting, "No"; Guerrero absent at the time the vote was taken.
17. SECOND READING
AMENDING SECTION 55-100 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
1976 REVISION, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES;
PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Berlanga, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye";
Hunt voting, "No"; Guerrero absent at the time the vote was taken.
19. SECOND READING
AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL
RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE
PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE
EMPLOYMENT OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR INCREASED PRIOR AND
CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED
RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS.
The foregoing Ordinance was passed on second reading by the following vote:
Turner, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye";
Berlanga abstaining; Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 22 on the hearing on the
appeal of Mr. Larry Morano from the decision of the permit officer to deny his
application for a vendor's permit authorizing the renting and selling of
umbrellas, chairs, floats, tubes, surfboards, food and beverages, and related
beach items on the Padre Island Beach adjoining the seawall.
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Regular Council Meeting
August 1, 1989
Page 11
Ms. Sisu Morris, staff liaison for the Water Shore Advisory Committee,
presented a brief history leading up to the Water Shore Advisory Committee's
decision not to recommend that the Director of Park and Recreation redesignate
the beach east of the Padre Island seawall as a designated vendors' site. Ms.
Morris noted that safety considerations are the reason for denying applications
for vendors permits on the beach next to the seawall, stating that the beach has
been eroded in front of the seawall to a narrow width, so that vendor activities
were restricting the use of the beach causing controversies, complaints and law
enforcement problems.
Ms. Morris continued by stating that other locations on the beach north and
south of the seawall are more suitable and these locations are regulated by
Nueces County and state agencies. She noted that vendor locations on private
property on top of the seawall also present fewer problems. Ms. Morris
displayed a chart showing the area in which the county permits and the area in
which the City permits. She provided details relating to Mr. Morano's request
for an appeal of the Water Shore Advisory Committee's decision and indicated
that Mr. Morano has applied to the county and is vending outside the City area.
Mr. Larry Morano, 15010 Leeward Drive, provided background information; he
gave a presentation relative to his request for an appeal; and he displayed
charts of the area in question. Mr. Morano's objection is that the Texas Open
Beach Law requires that all City area with 200 feet of footage from mean low
tide be open for public service. He stated that the area in question is not
congested and that permits "only" for private property are unfair to the
public's right for permits.
Ms. Morris explained that the vending that is occurring is on Holiday Inn
property, not the public beach.
Mr. Sam Poteet, representing Island House Condominiums, stated that his
facility is located on the south end of the seawall. He expressed opposition to
granting vendors' permits on the beach because of the traffic problem. He
informed the Council that out of five properties located in the vicinity, four
are opposed to vending on the beach.
Ms. Roberta Haller, representative of the Holiday Inn, explained that there
is a private vendor who sells from the seawall at the Holiday Inn but does not
sell on the beach itself. She stated that she rents items not only to guests of
the hotels, but others on the beach as well. She assured the Council that the
vendor sells from the Holiday Inn property, not the public beach, but customers
do take the items to the beach.
Mr. Dave Avery, a representative of the Gulf Stream Condominiums, also
spoke in opposition to vending on the beach and supports the City's position.
Council Member Rhodes asked Mr. Morano where he presently operates as a
vendor, and Mr. Morano replied that he operates on state land that is controlled
by the county.
Minutes
Regular Council Meeting
August 1, 1989
Page 12
In response to Council Member McComb's question about the traffic on the
beach, Ms. Morris explained that the traffic is one way because of the
insufficient width of the beach. Mr. McComb continued by suggesting that the
hotels provide parking spaces for the public and that driving be prohibited on
the beach. He suggested that since this is in the City limits, posts could be
installed to prohibit vehicles on the beach.
Mr. Chris Lawrence, Administrative Assistant for J. P. Luby, stated that
part of his responsibility is to serve as a deputy on the beach. He explained
that the beach in this area is quite narrow at times because of the change in
tides and that at times they have closed the beach to no more than one-way
traffic depending on the width of the beach. He stated that he did not feel
qualified to address the open beach question.
A motion was made by Council Member Martin that the appeal of Mr. Morano
for a vendor's permit be denied. The motion was seconded by Council Member
McComb.
Council Member Guerrero pointed out that Mr. Morano is just an aggressive
businessman and he did not believe that the Council has the right to deny him
the opportunity to conduct business there.
Mayor Turner called for the vote on the motion to deny and it passed by the
following vote: Turner, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye":
Berlanga, Guerrero and Hunt voting, "No."
22. M89-0214
Motion denying the appeal of Mr. Larry Morano from the decision of the
permit office to deny his application for a vendor's permit authorizing the
renting and selling of umbrellas, chairs, floats, tubes, surfboards, food
and beverages, and related beach items on the Padre Island Beach adjoining
the seawall.
* * * * * * * * * * * * *
Mayor Turner announced the public hearing on the following zoning
application:
24. Application No. 689-3, Mr. Elfego Quesada, Sr.: For a change of zoning
from "R-18" One -family Dwelling District to "R-2" Multiple Dwelling
District on Lot 8, Block 2, Cabaniss Acres, located on the south side of
Frederick Drive, approximately 420' east of Martin Street.
Mayor Turner noted that both the Planning Commission and Staff recommend
denial of this zoning application.
Director of Planning, Brandol Harvey, indicated that because the City did
receive comments in opposition to this application, the twenty percent rule will
be in effect. Mr. Harvey stated that originally the staff recommended approval
Minutes
Regular Council Meeting
August 1, 1989
Page 13
of the application, but at the public hearing, additional information was
brought to light and the staff recommended denial.
Mr. Elfego Quesada, Sr, the applicant, provided an explanation for his
request, stating that the property is low-income property and his intentions are
to replat the property to allow for the addition of one single-family unit. He
described the various situations and lots surrounding his property.
City Planner, Alice Terrell, located the area on the zoning and land use
map and showed slides of the vicinity.
In answer to a question from Council Member Martin relative to building
permits, Ms. Terrall noted that this is a nonconforming situation, stating that
it is not permitted under today's ordinance and she explained how the tax rolls
reflect this property. She indicated that many properties in town are like this
and that the property could be replatted into two lots.
Discussion followed and Council Member Martin commented on a special permit
with a site plan because he is concerned about parking for each structure,
access to each structure, and where the structure is located so that the City
can preserve to the extent that they can, the one -family use in the area to
protect the neighbors.
Mr. Harvey indicated that the first intent is to protect the neighbors and
the second intent would be how the three buildings relate to each other
internally. Mr. Harvey indicated that it is the applicant's intent to comply
with the ordinance as much as possible. He stated that staff could work with
the applicant to identify a site plan and can come back to the Council with an
illustration.
Mr. Preston Grantham, 2010 Frederick, objected to "R-2" zoning and
presented a petition from neighbors in opposition. He stated that low-income
apartments will not help the neighborhood and indicated that he would not object
to one additional home on the lot.
Mr. Javier Gonzalez, 2045 Frederick, who lives next door to the applicant,
expressed concern about the class of people low-income housing brings.
Mr. Arthur Agile, 2013 Frederick, spoke in objection to "R-2" zoning,
stating that he would not object to a single-family house being built on the
lot.
Ms. Carmen Gonzalez commented about the density of the lots and expressed
concern about the safety of the children.
The applicant presented a list of five people who are in favor of the
zoning.
4inutes
Regular Council Meeting
August 1, 1989
Page 14
A motion was made by Mayor Pro Tem Berlanga to close the public hearing;
seconded by Council Member Moss and passed unanimously.
A motion was made by Council Member Rhodes to deny the "R-2" zoning; that
staff work with Mr. Quesada to provide a special permit which allows for an
additional single-family dwelling, with an acceptable site plan to be brought
back to the Council. The motion was seconded by Mayor Pro Tem Berlanga.
Council Member Guerrero expressed concern about
that he would like to see more details of what exists
the future of that neighborhood, including the crime
and Mr. Harvey stated that staff could do a survey of
the neighborhood, stating
on the street and what is
rate of the neighborhood,
the street.
Discussion followed and Council Member Martin stated that he would like the
Council to be provided a use study of what is happening and future plans for the
neighborhood. Mr. Martin suggested that the people who were in objection to
this zoning application be notified about the change and of the date it will be
brought before the Council.
The motion made by Council Member Rhodes passed unanimously.
Mayor Turner declared a short recess.
* * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting and announced the public
hearing on the proposed amendments to the Zoning Ordinance text.
23. Public hearing on proposed Amendments to the Zoning Ordinance Text, Article
28A - "EC" Historical/Cultural Landmark Preservation by deleting sections
28A-1 "Declaration of Public Policy and Purpose" through Section 28A-15
"Penalty" in their entirety and creating new sections.
Director of Planning, Brandol Harvey, stated that this hearing is to
consider specific amendments to the zoning ordinance which include new controls
on historically designed properties and expands the policies of the previously
adopted Preservation Plan. Mr. Harvey gave a brief history of the preservation
planning process to date, elaborating on the basic policy statements of the
plan. He stated that in 1986-87, a series of actions were taken by the Landmark
Commission and Council which established controls on properties. Mr. Harvey
indicated that only four properties were zoned with proper public hearings but
not all were in the Preservation Plan or formally had owner's consent, and
sixty-one properties were placed under zoning ordinance controls but did not
have formalized owner's consent and did not have hearings.
Mr. Harvey continued by stating that there have been some inconsistencies
on the part of the staff and the way properties have been designated one way or
another. He noted that there is a logical process of preservation planning and
he elaborated on the process. Mr. Harvey stated that the Landmark Commission is
Minutes
Regular Council Meeting
August 1, 1989
Page 15
presently conducting a survey and is in the second phase of it. He stated that
they have listed approximately 2,000 properties and are narrowing the properties
down to eligibility. Mr. Harvey stated that the Preservation Plan was
constructed so that it could be amended and updated.
Mr. Harvey presented various policy questions which should be addressed
through the Preservation Plan. He stated that the current set of regulations
has a fairly well -identified process to be followed and he briefly described the
intent of the process. He stated that the Planning Commission conducted public
hearings and discussions on the Landmark Commission's proposed ordinances and
found many areas of concern. He stated that through discussion between the
Planning Commission, the Chairman of the Landmark Commission and the staff, many
of the concerns were resolved and new drafts formulated. He stated that the
Landmark Commission Chairman later decided that she wanted her original draft to
be recommended by the Planning Commission or no recommendation made at all. He
stated that the Planning Commission directed staff to produce an alternative
proposal which addressed the concerns raised. Mr. Harvey indicated that at the
final public hearing, the Planning Commission voted to deny the Landmark
Commission's proposed amendments, supported the Planning Commission/staff
alternative and decided to forward both alternatives to Council.
Ms. Bunny Tinker, Chairman of the Landmark Commission, stated that there is
no question that historic preservation is a viable revitalization tool and that
historic preservation is a big tourist draw and should be integrated as part of
the planning process. She stated that basically there are two ways to
successfully accomplish historic preservation -- funding incentives and without
owner's consent. Ms. Tinker briefed the Council on the Landmark Commission's
proposal, noting that they are requesting the Council to adopt their ordinance
as opposed to the staff and Planning Commission alternatives, noting that the
Landmark Commission ordinance will provide for designation without owner's
consent. Ms. Tinker stated that there is no other type of designation which
affords the protection that a local zoning ordinance does and there are sources
of funds which can be obtained if the property is locally designed. She
commented on the Preservation Plan and stated that it comes down to whether this
Council will consider, on a case by case basis, "HC" designation of the facade
of a building without owner's consent. She stated that they need a blueprint
and direction from the Council because they do not know which direction to go if
they are not going to do some zoning without owner's consent. Mrs. Tinker
commented about Certificates of Appropriateness and stated that the Landmark
Commission would rather operate with the present ordinance than the proposed
staff ordinances.
This topic was discussed at great length and questions were posed by the
Council and responded to by Planning Director Harvey. Mr. Harvey stated that
there are a number of ways to go about establishing a Council approach on
preservation and he commented on other cities' policies. He stated that he
favors comprehensive planning and going to the Council and the public with
establishing a clear intent and policy such as preserving a district, as opposed
Minutes
Regular Council leeting
August 1, 1989
Page 16
to individual properties. Mr. Harvey indicated that historic preservation is a
way to increase property values when it is successful.
Mr. David Royal, 2801 North Shoreline, stated that he is in favor of
preserving the City's historic heritage to the extent that it can be preserved.
He commented about taking away property rights without owner's consent, stating
that he is not sure the Council can delegate downward its power of eminent
domain. Mr. Royal advised the Council to be careful about taking property
rights without the owner's consent.
In answer to more questions, Mr. Harvey stated that the current ordinance
and Preservation Plan requires owner's consent for property to be controlled,
noting that the interior of the property is not controlled under the current
legislation. He stated that under the current ordinance, a Certificate of
Appropriateness has to be issued and approved by the Landmark Commission, if
they do not approve it you cannot get a building permit unless the City Council
hears the appeal and overturns the Landmark Commission's denial. Mr. Harvey
indicated that staff is recommending that the City update the Preservation Plan
and look at the policy statements.
Ms. Janet Rice, President of Preservation Corpus Christi, 118 Southern,
commented on the old courthouse. She stated that the current "HC" ordinance has
not worked and the City needs an ordinance that allows historic designation
without owner's consent; it has worked in Brownsville and San Antonio; and the
Supreme Court has supported it in New York with Grand Central Station.
In answer to a question from Mayor Turner about why the staff objects to
the Landmark Commission's proposal, Mr. Harvey expressed the opinion that he
thinks it is premature. He stated that the City does need to do a better job
of preservation and needs to update the Preservation Plan.
Mr. Jim Rome, an architect, commented on historical properties and
indicated he is for preservation. He is in concurrence with the City
developing an ordinance which will deal with preservation in Corpus Christi.
Mr. Rome gave background information on national registry districts and
buildings.
After more discussion, Council Member Martin made the suggestion that the
the staff, Planning Commission and Landmark Commission get together and present
the Council with one issue, being either consent or non -consent. He stated that
he would vote for the ordinance as recommended by the Landmark Commission but
that he does not know if adopting this ordinance would violate anything or
change anything immediately but it will give them a tool.
Mrs. Peggy Clark, 3333 Floyd Street, speaking as a member of the Landmark
Commission, stated that she concurs with Council Member Martin. She pointed out
that there are four issues that the Landmark Commission is very concerned about
and stated that, in her opinion, Issues 1 and 4 are the most important ones
-•••••••
Minutes
Regular Council Meeting
August 1, 1989
Page 17
recommended by the Landmark Commission. She explained that Issue No. 1 would
allow the City of Corpus Christi to have a designation for "HC" zoning for the
facade of buildings even without the owner's permission. She stated that at
this time there is only one designation and they would like to have a gradation
of zoning classifications. She assured the Council that this designation would
have to go through the Planning Commission and City Council for public hearings.
A motion was made by Council Member Guerrero to adopt the Landmark
Commission's proposal. The motion was seconded by Council Member Martin.
Council Member Martin stated that he thought that the motion would be to
bring an Ordinance back on three readings, and that he would like to amend the
motion with that and that the Council ask the staff, a representative of the
Planning Commission, and a representative of the Landmark Commission to try to
get together and iron out the one or two issues to clarify it prior to the third
reading. He stated that this was a friendly amendment to Mr. Guerrero's motion,
and Council Member Guerrero indicated his concurrence
Mrs. Dorothy Spann,
to "HC" zoning without
attracted to historical
designation is important
proposal.
502 Del Mar, stated that she had at one time objected
the owner's consent, but stated that people who are
sections such as the Del Mar area feel that such a
. She expressed support of the Landmark Commission's
A motion was made by Council Member McComb that the hearing
seconded by Council Member Martin and passed unanimously.
Mayor Turner called for the vote on
Guerrero and it passed unanimously.
be closed;
the motion made by Council Member
* * * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
City Manager Garza referred to Memorandum No. 6 of his packet of
information in regard to the rezoning request by American Development
Corporation on Corpus Christi Beach and explained that staff just wanted to be
sure that they had interpreted the Council's intent correctly.
There were no questions and the Council indicated that the assumptions made
by the staff were correct.
Council Member Martin stated that he had a few items that he wanted to
bring up, as follows: (1) he inquired of the City Manager if he was going to
give a response to the Cooper Advertising letter, and Mr. Garza replied in the
affirmative, (2) he inquired if any landscaping is included on the Saratoga
widening project, and City Manager Garza stated that the project did not include
any landscaping or lighting. Mr. Martin stated that he was concerned that the
City's landscaping ordinance should apply to City projects such as this street
Minutes
Regular Council Meeting
August 1, 1989
Page 18
project, (3) he inquired if the Council was going to get some type of
information on the public hearing (Enviromed, Inc. disposal application), or if
the City was going to take some type of position. City Manager Garza explained
that the staff does have some information on the subject; there would be at
least one advantage to the City in that there are at least two waste items that
are now being disposed of at the City's sanitary landfill that could be disposed
of at the new location if the application is approved; and stated that he will
be glad to present information to the City Council.
Council Member Martin continued by stating that when the budget is under
way, printed as amended, etc., he plans to bring up some things, particularly
that the Council adopt some kind of policy to direct the City Manager in regard
to next year's budget when it is anticipated that a shortfall in a large amount
will occur. He stated that there could be some reduction in service, reduction
in positions, etc. with some program changes. He felt that the budget can be
effectively reduced before the 1990-91 budget year and suggested that by October
the Council should give direction to the City Manager in regard to next year's
budget.
Council Member Martin continued and inquired of the City Manager if there
is a proposal by the Taxpayers' Association to the City Council that they should
respond to or discuss.
City Manager Garza stated that he was asked to pass on a message to the
Council in regard to the action taken last week on the auto allowance and the
alleged illegal closed meeting. He explained that there were a couple of
questioned actions --one would be a lawsuit and the other would be a recall, and
Mr. J. E. O'Brien informed him that the Taxpayers' Association would be willing
to reconsider those actions assuming that about $614,000.00 could be cut from
the budget. He said that that is the offer which he discussed with several of
the Council Members prior to the meeting.
Mr. J. E. O'Brien spoke from the audience and stated that that was not
true.
City Manager Garza continued by stating that he could have misunderstood
Mr. O'Brien, but that he was under the assumption that he asked him to pass this
along to the Council, which he did, that he would not file a recall petition or
file a lawsuit if the Council was willing to cut $614,000.00 from the budget.
Council Member McComb stated that he still had some concerns about the
budget particularly when he received the information that a tax increase may be
necessary next year. He stated that he would like to make a motion that the
Council set a policy to instruct the City Manager to address the Contractual
Services in the budget and try to calculate a reduction of 8 percent. excluding
Fire and Police, to reduce the budget by $667,000.00. The motion was seconded
by Council Member Hunt.
Minutee
Regular Council Meeting
August 1, 1989
Page 20
Council Member Guerrero suggested that a better motion would be that
anticipating the shortfall in next year's budget, the Council establish a policy
to come back with recommendations for reductions to balance the budget next
year.
Council Member Hunt stated that the way he understood Mr. McComb's motion
was that the City Manager is to come back to the Council with his
recommendations for reductions, but he felt that the City Manager should have
the latitude to provide the Council with his recommendations.
Mayor Turner called for Council Member McComb to repeat his motion; the
motion was repeated; and Mr. McComb stated that the intent of his motion is that
at the end of the year, the City will have expended $667,000.00 less than the
amount in the budget. He stated that his motion applies to this year's budget.
Discussion followed and Mayor Turner called for the vote on the motion which
passed as follows: Turner, Hunt, Martin, McComb, Moss, and Schwing voting
"Aye"; Berlanga, Guerrero, and Rhodes voting "No."
Council Member Schwing stated that he would like to give the City Manager
the flexibility to look at the entire budget including positions, etc.
Council Member Schwing then made a motion that the City Manager be allowed
to look at the entire budget and bring back suggestions for reductions to the
Council. The motion was seconded by Council Member Rhodes.
Council Member Guerrero pointed out that all the Council is doing is
confusing the City Manager. He noted that everybody knows that the City is
anticipating a shortfall of $4 million next year and it is the City Manager's
responsibility to come back with recommendations. He concurred with
Mr. Schwing's motion because he felt that they should let the City Manager
decide how the budget is going to be balanced next year.
Council Member McComb noted that the anticipated $5 million shortfall is
predicated on the fact that there will be no money left at the end of this
fiscal year; decisions have to be made now and two of those areas are (1)
contractual services, and (2) the unfilled positions that are in the budget
right now. He suggested that out of the 70 positions that are vacant, possibly
35 of those positions could be eliminated, and with the 8 percent reduction in
contractual services, this would represent quite a reduction in the anticipated
shortfall for next year.
Council Member Guerrero expressed the opinion that City Manager Garza will
bring this subject back to the Council in about 30 days.
Council Member Hunt reiterated that over the last five years, the City has
had from $4 million to $11 million in surplus funds. He pointed out that
Mr. Garza has already put a lot of effort into the budget this year, and he
would depend upon Mr. Garza's judgment as to what should be decreased and then
the Council could make a decision.
Minutes'
Regular Council Meetlng
August 1, 1989
Page 19
Council Member Rhodes stated that she had no problems with that if the
Council is not going to ask the City Manager to bring back an 8 percent cut in
that particular line item because she did not know what is in that particular
line item. She stated that this should be discussed so that the Council is
aware of what is included.
City Manager Garza stated that if the Council directed him to cut the
budget by 8 percent, he would come back to make them aware of the areas where he
would make the cuts and this might be in both people and contractual service or
other areas. He stated that there would be some areas where the decreases would
really hurt.
Mayor Turner pointed out that the City Council does not have copies of the
line items in the budget, and that they do not know where the budget could be
cut. She expressed the opinion that the issue of positions should be addressed.
City Manager Garza expressed the opinion that he did not believe that the
budget could be reduced by a significant amount without affecting basic
services.
Council Member Guerrero stated that he would be willing to support that
motion, but suggested that there is a possibility that the City Manager will
come back and recommend an 8 percent cut in the funding for groups such as the
Corpus Christi Area Convention and Visitors Bureau or some other project similar
to that.
Council Member Hunt stated that he had difficulty in believing that
reducing travel pay for the staff to attend conferences or conventions would
have a detrimental effect on City operations, and that he felt that reductions
could be made in that line item. He noted that there are at this time 70 vacant
positions and that he felt that 35 of those could be frozen for this year if the
positions have been vacant for some time.
Discussion followed on the effect of cutting that line item by 8 percent
and the figures involved.
Council Member Martin pointed out that the City Manager does not have the
authority to reduce the budget but the direction should be for the City Manager
to come back with recommendations for the Council to make choices.
City Manager Garza read some of the items that are included in the
contractual section of the budget, and Council Member Rhodes expressed the
opinion that the Council is not aware of what they are requesting. She stated
that she would like to ask the City Manager to come back with recommendations on
the overall budget even though she agrees that too much money is being spent on
travel. She also noted that the first thing that the Council should do is
reduce the Council's travel budget.
Minutes
Regular Council Meeting
August 1, 1989
Page 22
Council cannot receive compensation more than is allowed in the Charter, and
that he felt that the only way a Council Member could receive reimbursement
would be if they turn in a voucher saying that they have spent it for mileage.
Mayor Turner again called for petitions from the audience.
Mr. J. E. O'Brien, 4130 Pompano, referred to the remarks made by the City
Manager and agreed that he had a conversation with Mr. Garza for about 30
minutes at which time he thought he had made it perfectly clear that he was
speaking for himself and in order to clear the record, he would like to assure
the Council that the Taxpayers' Association has made no decisions whatsoever.
He also explained that if there is to be any kind of legal action, any recall,
or any other kind of action, the Board must make that decision and then the
membership must make that decision. He explained that he had informed Mr. Garza
that all options were being considered --everything from recall to lawsuits or
whether or not there was a violation of the open meetings act, or whether or not
the compensation limit in the Charter would apply; and stated that he had told
Mr. Garza that he would settle in not opposing the budget if there was no tax
increase ($619,000) and no car allowance ($14,000) and if that is subtracted
from $619,000.00 it would be $605,000.00 that would have to be removed from the
budget.
Council Member Berlanga informed Mr. O'Brien that he was one of the Council
Members that Mr. Garza had discussed this with and that he did say that it was
Mr. O'Brien's statement, not the Taxpayers' Association.
Mr. Philip Rosenstein referred to the question of the car allowance and
repeated his allegations in regard to the inaccuracy of the minutes from the
preceding week
Mr. Raymond Hasker made a brief remark about the use of water during the
coming year.
Mrs. Dorothy Spann, 502 Del Mar, stated that she is outraged that a group
would get together to gather a petition and manipulate passage of an item such
as the over -65 exemption which costs all other citizens and adversely affects
the younger people in the City who also have very little money. She expressed
the opinion that the tax exemption is unfair.
Mr. Ronald McGee, a resident of Flour Bluff, described the dumping that is
occurring in Flour Bluff. He then showed slides of debris on Waldron Road where
the dumping is prevalent and urged that ordinances be passed to prohibit people
from dumping in that area.
Council Member Hunt agreed that this is occurring in Flour Bluff, but he
has discussed this with Mr. Garza, and he hopes that something can be done soon.
Council Member Schwing agreed that this occurs not only in Flour Bluff but
in his district as well.
Minuteg
Regular Council Meeting
August 1, 1989
Page 21
Council Member Martin pointed out that the Council just adopted the budget
last week, and that he felt that they should implement the budget. He also
reminded the Council that the preceding week they had adopted a motion
pertaining to an audit, and he thought that such an audit would give the City
some ideas about level of services and areas that could be reduced. He
reiterated that the Council needs to see the printed budget. He noted that the
motions that the Council are voting on now have not even been discussed in a
workshop meeting.
City Manager Garza stated that he felt that there will be a balanced budget
next year, and that he hates to go in at this time and freeze positions, etc.,
because he is well aware that the budget will have to be reduced next year. He
assured the Council that if he is told to eliminate 70 positions, he will do it
but they will have to set a new level of services next year. He expressed the
opinion that there is no emergency right now, but there is a need to plan for
next year.
Council Member Berlanga expressed the opinion that the Council should give
the City Manager the discretion to cut the budget wherever possible, and City
Manager Garza stated that the Council has the obligation to decide on the
spending level for the City.
Mayor Turner called for the vote on Council Member Schwing's motion and it
passed unanimously.
* * * * * * * * * * * * *
Mayor Turner called for petitions from the audience.
Council Member Hunt stated that there has been some confusion about the car
allowance, stating that as he understood it, it would be optional, and Mayor
Turner stated that that is correct. Mr. Hunt continued by stating that he was
told that the Council does not have to provide any vouchers or anything to
justify the car allowance.
City Secretary Chapa explained that the way it was written in the budget
was a total amount of $14,400.00 to be paid at the option of the Council and it
could be in the form of mileage reimbursement or it could be $150.00 per month,
or the Council Member could elect not to take it at all.
Council Member Hunt stated that he did not intend to take it anyway, but
that he just wanted to clarify how it is going to be disbursed.
City Manager Garza explained to the Council that if they accept the
$150/month, they need to be able to justify $150 worth of automobile usage
because anything in excess of what they can justify is compensation.
Council Member Schwing stated that the way he understands it is that they
would have to keep IRS records anyway; otherwise it is compensation and the
Minute
Regular Council Meeting
August 1, 1989
Page 23
Mr. Bill Rayburn registered a complaint in regard to selective enforcement
of tax collection mentioning in particular the fact that the City permits garage
sales without a sales tax and out-of-town sales people who come into the City
and also do not pay local sales taxes.
No one else spoke from the audience.
Mayor Turner declared the meeting adjourned at 7:59 p.m. on August 1, 1989.
* * * * * * * * * * * * *
cm & dz
I HEREBY CERTIFY that the foregoing is a true and correct copy of the
Minutes of the Regular Council Meeting of the City of Corpus Christi of
August 1, 1989, which were approved by the City Council on August 8 1989.
WITNESSETH MY HAND AND SEAL, this the hfrlday of
1989.
etty Turne , Mayor
Armando Chapa
City Secretary