HomeMy WebLinkAboutMinutes City Council - 06/12/1990MINUTES
CITY OF CORPUS CHRISI'1, TEXAS
REGULAR COUNCIL MEETING
JUNE 12, 1990
2 p.m.
PRESENT
Mayor Betty Turner
Mayor Pro Tem Joe McComb
Council Members:
Cezar Galindo Deputy City Manager Jesus Garza
Leo Guerrero * City Attorney Hal George
Tom Hunt Asst. City Secretary Dorothy Zahn
Edward Martin
Clif Moss
Mary Rhodes
Absent
Frank Schwing City Manager Juan Garza
City Secretary Armando Chapa
Mayor Betty Turner called the mooting to order in the Council Chamber of
City Hall.
The invocation was given by Council Member Cezar Galindo following which
the Pledge of Allegiance to the Flag of the United States was led by Council
Member Mary Rhodes.
Assistant City Secretary Dorothy Zahn called the roll and verified that a
quorum of the Council and the necessary charter officers were present to conduct
the meeting.
Mayor Turner called for approval of the Minutes of the Regular Council
Meeting of June 5, 1990, and there being no additions or corrections, she
proclaimed them approved as submitted.
Mayor Turner recognized Fire Chief J. J. Adame and presented him with a
Proclamation designating June, 1990 as "Corpus Christi Firefighters Appreciation
Month."
Firefighter/Paramedic Carlos Torres spoke in regard to a fund-raising event
to be held by the firefighters in connection with the Muscular Dystrophy
Association.
MICROFILMEC
Minutes
Regular Council Meeting
June 12, 1990
Page 2
Mayor Turner administered the Oath of Office to the following newly
appointed Committee member: Dr. Michael Hughes - Animal Control Advisory
Committee.
* Council Member Leo Guerrero entered the Council Chamber at 2:05 p.m.
* * * * * * * * * * * * *
Mayor Turner called for consideration of consent motions, resolutions,
ordinances and ordinances from previous meetings on Items 1 thru 8.
There were no questions from the Council or the audience on the items.
Assistant City Secretary Zahn polled the Council for their votes and the
following were passed:
1. M90-141
Motion approving a supply agreement for service saddles in accordance with
Bid Invitation No. BI -0272-90 with International Supply of Corpus Christi,
Texas, based on low bid meeting specifications for an estimated annual
expenditure of $24,157.78. The term of the agreement shall be for twelve
months with an option to extend for up to an additional twelve months
subject to the approval of the supplier and the City Manager or his
designee. These items will be used by the Water Department. Funds have
been budgeted in FY 89-90 and requested for FY 90-91.
The foregoing motion passed by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye"; Schwing
absent.
2. M90-142
Motion approving a supply agreement for automatic transmission repair in
accordance with Bid Invitation No. BI -0153-90 with Atlas Transmission,
Corpus Christi, Texas, based on total low bid for an estimated annual
expenditure of $28,160. The term of the contract shall be for twelve
months with option to extend for up to an additional twelve months subject
to the approval of the supplier and the City Manager or his designee. This
service will be achninistnred by the Maintenance Service Department and
funds have been budgeted in FY 89-90 and requested for FY 90-91.
The foregoing motion passed by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye"; Schwing
absent.
3. M90-143
Motion approving a supply agreement for galvanized meter stops in
accordance with Bid Invitation No. BI -0274-90 with The Rohan Co. of San
Minutes
Regular Council Meeting
June 12, 1990
Page 3
Antonio, Texas, based on low bid for an estimated annual expenditure of
$16,132.50. The term of the agreement shall be for twelve months with an
option to extend for up to an additional twelve months subject to the
approval of the supplier and the City Manager or his designee. These items
will be used by the nag Division. FUnds have been budgeted in FY 89-90 and
requested for FY 90-91.
The foregoing notion passed by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye";. Schwing
absent.
4. M90-144
Motion approving supply agreements for restaurant paper goods in accordance
with Bid Invitation No. BI -0232-90 with the following companies for the
following amounts based on low bid and low bid meeting specifications for a
total estimated annual expenditure of $34,107.34. The terms of the
agreements shall be for twelve months with an option to extend for up to an
additional twelve months subject to the approval of the supplier and the
City Manager or his designee. These items will be used by Senior Community
Services. Funds have been budgeted in FY 89-90 and requested for FY 90-91.
ABCO Wholesale
Austin, Tx.
$18,989.24
Labatt Food Service
Corpus Christi Tx.
$1,996.80 $5,017.50
Southern Paper & Chemical
Corpus Christi, Tx.
$1,915.20
Grand Total $34,107.34
Sysco Food Services
San Antonio, Tx.
$6,188.60
Gulf C'nast Paper
Corpus Christi, Tx.
The foregoing motion passed by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye"; Schwing
absent.
5. M90-145
Motion approving award for two 12 -ton tilt trailers to Power Equipment,
Corpus Christi, Texas $18,440, based on low bid and one 12 -ton non -tilt
trailer to Trucker's Equipment, Corpus Christi, $8,298, based on hest
responsive bid. All units are listed in the Capital Outlay budget as
replacements.
Minutes
Regular Council Meeting
June 12, 1990
Page 4
The foregoing motion passed by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye"; Schwing
absent.
6. M90-146
Motion approving the purchase of one 6" pump from Air and Puxnp, Corpus
Christi, Texas, based on low bid of $10,375 and five 2" trash pumps from
Prime Equipment, Corpus Christi, Texas, based on low bid meeting
specifications for a total expenditure of $3,280 in accordance with Bid
Invitation No. BI -0229-90. These items will be used by the Watar
Department and are included in the approved Capital Outlay list.
The foregoing motion passed by the following vote: Turner, McComb,
Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting, "Aye"; Schwing
absent.
7. SECOND READING
AUTHORIZING THE EXECUTION OF A THREE YEAR GRAZING LEASE AGREEMENT AND
AGRICULTURAL WATER USE COVENANT WITH JAMES M. JURANEK FORA 5.43 ACRE TRACT
OF LAND OUT OF THE GREa1WAY WATERLINE RIGHT-OF-WAY AT MAGEE LANE AND LOMA
ALTA AND APPROVING THE RENTAL FELL OF $30 PER MONTH; AND PROVIDING FOR
PUBLICATION.
The foregoing ordinance passed on second reading by the following vote:
Turner, McComb, Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting,
"Aye"; Schwing absent.
8. ORDINANCE NO. 20933
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CORPUS cHRtSP1 00UNCIL
OF GARDEN CLUBS, INC. FOR THE USE OF THE GARDEN CENTER BUILDING FOR
EDUCATIONAL AND RECREATIONAL PURPOSES; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance passed on third reading by the following vote:
Turner, McComb, Galindo, Guerrero, Hunt, Martin, Moss and Rhodes voting,
"Aye"; Schwing absent.
* * * * * * * * * * * *
Departing from the agenda, Mayor Turner commented about "Operation Paint
Brush" and expressed appreciation to Mayor Pro Tem McComb for organizing such a
successful canmminity project.
Mayor Pro Tem McComb expressed appreciation to the citizens, the City
departments and various other organizations who contributed to "Operation Paint
Brush."
* * * * * * * * * * * *
Minutes
Regular Council Meeting
June 12, 1990
Page 5
Mayor Turner called for consideration of Item 9, a petition which was
submitted to the City Council calling for a Charter Amendment Election of a
proposition to limit the annual rate increases for utility service.
Deputy City Manager Jesus Garza cc mnented in regard to the petition
received from the Corpus Christi Taxpayers Association requesting a rate cap and
stated that staff suggests that the City Secretary be given the charge of
validating the petition.
A motion was made by Council Member Martin to direct the City Secretary to
validate the signatures and report back to the Council. Mr. Martin suggested
further that perhaps the City Secretary might want to first utilize some type of
a sampling method rather than validating each signature.
Assistant City Secretary Zahn stated that the City Secretary's office
believes that this is a very important petition and recommends that all of the
signatures be validated. She stated that the City Secretary has arranged to
employ a part-time individual to validate the required number of signatures up
to the 6,623 which are required.
Council Member Moss ccconded the motion and asked if the election could be
held with the General Election in November, and Ms. Zahn responded that it would
be against State law because the City is not allowed to have local issue items
on the November election.
A brief discussion followed and City Attorney George read excerpts from the
Election Code and the local government code in regard to elections; and after a
question from Council Member Hunt, Mr. George indicated that the next available
election for the referendum would be on the first authorized uniform election
date which would be the date of January 19, 1990.
The motion passed unanimously; Schwing absent.
* * * * * * * * * * * *
Mayor Turner called for the City Manager's report.
Deputy City Manager Jesus Garza advised the Council that the Pawnbrokers
Ordinance goes into effect on Sunday, June 17, stating that he has the
fingerprinting kit if the Council wants to have a demonstration.
Council Member Guerrero stated that he thought that the City was going to
wait for the results of the lawsuit which had been filed. He expressed concern
about exposing the City to liability because the City would be superseding State
law. Mr. Guerrero stated that he originally opposed the ordinance; he is still
opposed to it; and he advised the Council not to proceed with the effective
date.
City Attorney George indicated that this matter is in litigation. He gave
a brief update on the Pawnshop Ordinance and discussed the pending lawsuit,
Minutes
Regular Council Meeting
June 12, 1990
Page 6
stating that the City's position is that they are not superseding State law. He
stated that the lawsuit seeks a declaratory judgment and does not seek money
damages. He stated that his instruction was that the City enforce the
ordinance.
In answer to a question from Council Member Martin, Mr. George stated that
the State Pawnbrokers Association has filed the lawsuit and named the Consumer
Credit Commissioner as a party to the suit. He indicated that the City has not
filed an answer yet and the case has not been scheduled.
In answer to a question from Council Member Rhodes, City Attorney George
elaborated on the issue of a declaratory judgment.
Mayor Turner informed the Council that a Bankers Seminar will be held on
Monday, June 18 at the Wyndham Hotel She suggested that the Council attend the
seminar which will be sponsored by the local Bankers Association in regard to
updating the Council on the newest regulations pertaining to doing business in
Mexico.
Mayor Turner called for reports from the Council.
Council Member Martin commented about a letter from Mr. Erich Wendl,
Maverick Market, in regard to economic development requests. He stated that he
would like to obtain a response from the Economic Development Corporation.
After a brief discussion relative to establishing procedures for answering
letters of this type which are sent to the Council, Council Member Martin
suggested that the City Secretary's office forward the letter to the Economic
Development Corporation and request, on the Council's behalf, their
recommendation to the Council.
Mr. Martin commented in regard to a memo from the City Secretary which
included the Attorney General's opinion about reimbursement for spouse travel.
He suggested that staff should draft a new Council policy consistent with the
opinion of the Attorney General.
Mr. Martin stated that he noticed a large number of capital outlay
purchases which is not unusual at the end of the budget year. He stated that he
hoped staff will give a second look at budgeted capital outlay expenditures and
re -assess what remains in capital outlay. He stated that he is not suggesting a
freeze but that it might not be a bad idea.
Council Member Moss referred to a memo from Assistant City Manager
Hennings in regard to the Aquarium, stating that the closing date is set and
construction is not complete. He asked if this will hinder the contract.
Assistant City Manager Hennings stated that it will not affect the
contract. He stated that a certificate of substantial completion has been
issued and that is the procedure which has been set forth in the purchase
agreement.
.4inutes
Regular Council Meeting
June 12, 1990
Page 7
Council Member Guerrero inquired about the status of the senior citizens
who were not receiving meals, and Deputy City Manager Garza stated that staff
provided information to the Council and requested direction as to whether the
recipients of the meals should be subjected to certain guidelines.
Council Member Guerrero stated that he thought that the direction was to
take care of the 130 senior citizens.
Council Member Rhodes stated that she does not have any objection to
feeding people who cannot afford it. She stated that the memo indicated that it
was just the beginning of a waiting list. She stated that the City does not
have unlimited funds and she did not think the City should provide free meals
for individuals over age 65 if they can afford to pay.
After a substantial discussion, Assistant City Manager Hennings statad that
the meal program is available to all senior citizens. He stated that part of
City Manager Garza's memo was to obtain the Council's reaction. Mr. Hennings
advised that staff will work with the Senior Advisory Committee to develop a
screening procedure so that future growth will be controlled.
Deputy City Manager Jesus Garza stated that meals will be provided to the
130 senior citizens and staff will proceed with instituting a screening process.
Mayor Pro Tem McComb expressed the opinion that he wants to be part of a
program to provide nutrition for individuals who cannot afford to pay, but that
he does not wish to subsidize someone who can afford to buy their own meals.
Council Member Hunt commented in regard to a 1980 referendum election in
which the City sued the Taxpayers Association and the citizens. He read an
excerpt from a letter to the City Attorney from McCall, Parkhurst & Horton,
regarding their legal opinion on the tax cap.
Mr. Hunt then spoke about the legality of the City using bond money to
purchase the CP&L Building, stating that Carlos Valdez, the County Attorney, had
expressed the opinion that it was illegal to use bond money specified for a
particular purpose.
Mr. Hunt expressed concern about the City Manager's remarks made to the
news media in regard to the petition for a referendum on the limitation of the
annual rate increases for utility service.
Deputy City Manager Jesus Garza stated that it is the City Manager's
responsibility to recommend to the Council what direction they might take on
certain matters of policy, stating that the City Manager was not trying to usurp
the powers of the City Council.
Council Member Guerrero spoke about recycling thieves and expressed concern
about the stolen recycling material, and Deputy City Manager Jesus Garza
explained the recycling procedure, stating that the City has route foremen to
discourage thievery; and the City will try to minimize it as much as possible.
Minutes
Regular Council Meeting
June 12, 1990
Page 8
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Ronald McGee, a resident on Claride Street in Flour Bluff, commented in
regard to the referendum regarding the utility funds. He read from a portion of
Ordinance No. 18341, Proposition 3, Section 16, Interdepartmental transfer of
funds. Mr. McGee referred to the funds taken out of the Water Fund to purchase
the Longshoremen's Building and suggested that the $380,000 be taken out of the
General Fund and put back in the Water Fund with interest. He intimated that if
the money is not returned to the fund, he will spearhead a drive to recall all
elected officials.
Mr. Ronald Hudson, 3556 Austin, commented about arrnss to the Parkdale
T.ihrary. He quoted from the City Charter and remarked about statements which
the Mayor made in regard to the right to life issue.
Mr. JeGca Hix, 2622 Segrest, inquired about plans for a 4th of July parade,
and Mayor Turner related the events scheduled for the celebration of the 4th of
July week.
There being no further business to come before the Council, Mayor Turner
adjourned the Council Meeting at 3:00 p.m. on June 12, 1990.
* * * * * * * * * * * * *
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 June 12, 1990 which were
approved by the City Council on June 19, 1990.
WITNESSETH MY HAND AND SEAL, this the a q K day of August, 1990.
tintt,J
Armando Chapa
City Secretary
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Betty Tuner
Mayor