HomeMy WebLinkAboutMinutes City Council - 11/06/1990MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
NOVEMBER 6, 1990
2 p.m.
PRESENT
Mayor Betty Turner *
Mayor Pro Tem Edward Martin
Council Members:
Cezar Galindo
Leo Guerrero *
Tom Hunt
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing *
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
G" ct tt
Mayor Pro Tem Edward Martin called the meeting to order in the Council Chamber
of City Hall. He announced that Mayor Turner and City Manager Garza will arrive a few
minutes late at the meeting because they are visiting a City employee in the hospital.
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 a Corpus Christi Boy Scout.
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 arrived at the meeting at 2:05 p.m.
Mayor Turner recognized Ms. Mary Chavarry, the Administrative Director of Family
Counseling Services, who commented about the importance of Family Week. Mayor Turner
presented her with a Proclamation designating November 18-24, 1990, as "Family Week."
Mayor Turner recognized the following individuals who made remarks about
"Scouting for Food Week": Dr. Hector Garcia, Chairman of the Scouting for Food Week
Drive; a boy scout; the Director of the Corpus Christi Boy Scouts; and the Director of the
Food Bank. Mayor Turner read a Proclamation designating November 10-17, 1990, as
"Scouting for Food Week."
MICROFILMED
Minutes
Regular Council Meeting
November 6, 1990
Page 2
Mayor Turner called for approval of the Minutes of the Regular Council Meeting of
October 30, 1990, and there being no corrections or additions, she proclaimed them
approved as presented.
Mayor Turner referred to the Board and Committee appointments and the resulting
appointments were made by the Council: (M90-285)
Planning Commission CCHTC/Loan Review Committee
Michael Karm Elva Garza
Mayor Turner called for the Bluff Balustrade report.
City Manager Garza provided an update of the Broadway Bluff improvements
project, elaborating on the funding.
Malcolm Matthews, Park and Recreation Director, presented an overview of the
Bluff Balustrade Restoration Project. He addressed the irrigation and lighting contracts
which are on the agenda today and discussed the timetable for the projects.
Mr. George Brown, a representative of the Rotary Club, reviewed the status of the
Coppini sculpture.
In response to a question from Council Member Moss on the irrigation improvements
contract, City Manager Garza explained that the irrigation improvements contract was not
bid on a life -cycle method. He stated that it was done on a low bid basis because the City
is purchasing a commodity. Mr. Garza clarified that the specifications do specify that the
City can select the best bid but there should be a sound logical basis for the
recommendation.
Following a brief discussion in which concerns were expressed by the Council in
regard to a $400 differential between the low bid and a local bidder, a motion was made by
Council Member Moss to table this item so that the City Manager can examine the contract
to see if it can legally be awarded to the local bidder. The motion was seconded by Council
Member Martin and passed; Turner, Martin, Galindo, Hunt, Moss and Rhodes voting,
"Aye"; McComb voting, "No"; Guerrero and Schwing absent.
In reply to a question from Mr. Ronald Hudson, 3556 Austin, City Manager Garza
responded that the lighting fixtures will be functional as well as decorative.
City Secretary Chapa polled the Council for their votes and the following motion was
passed.
11. M90-293
Minutes
Regular Council Meeting
November 6, 1990
Page 3
Motion approving the purchase of twenty-eight decorative light fixtures for the Bluff
Balustrade in accordance with Bid Invitation No. BI -0411-90 from Spring City
Electrical Mfg. Co., Spring City, PA, based on the low bid of $24,220. These fixtures
are part of the Bluff Balustrade Restoration Project and will be installed by the
Engineering Department. Funds have been budgeted in FY 90-91.
The foregoing motion passed by the following vote: Turner, Martin, Galindo, Hunt,
McComb, Moss and Rhodes voting, "Aye"; Guerrero and Schwing absent.
12. Tabled
Motion approving the award of a contract in the amount of $12,255 to SISCO
the Broadway Bluff.
* * * * * * * * * *
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In regard to the report on the Senior Nutrition Program, Council Member McComb
stated that the City is meeting the needs of its senior citizens. He expressed the opinion
that the funds for the establishment of the screening procedure would be better spent on
meals for the citizens. He suggested that the program should be operated on a first-come
first -serve basis. Mr. McComb moved to not institute the establishment of a screening
procedure for all new participants in the Elderly Nutrition Program; to continue operating
the program in the current manner; and to report to the Council if there ever is a problem
where an individual is turned away. The motion was seconded by Council Member Moss
and passed unanimously; Schwing and Guerrero absent.
13. Failed to Pass
Motion approving the establishment of a screening procedure for all new participants
in the Elderly Nutrition Program.
* * * * * * * * * * * * *
City Manager Garza provided a brief informational report on amending the Code of
Ordinances, Chapter 13, Section 13-93, so as to amend the Electrical Code to require
electric utility companies to obtain permits and comply with the National Electrical Code
standards for certain exterior lighting installations.
* Council Members Guerrero and Schwing arrived at the meeting.
The following individuals expressed support of the proposed ordinance: Mr. Larry
Major, 209 Horseshoe, Chairman of the Electrical Advisory Board, who commented about
the development of the ordinance; Mr. William Stacy, 4330 Wolf Creek Court; Mr. Bill
Miller, Bill Miller Associates; Ms. Debbie Farrell, 5809 Crestwillow, President of Electric
Construction Company; Mr. Darrel McGonagill, 4214 Dody; Mr. Dan Badway, a resident
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Regular Council Meeting
November 6, 1990
Page 4
of San Marcos; Mr. Terry Whitmire, 8250 Old Brownsville Road; Mr. Noe Morin, 2545
Johanna; Mr. Jack Green, 1009 Catalina, President of Fairbairn Electric; and Mr. Armando
Martinez, 4710 Westwood.
Mr. David Hooper, Area Manager of CP&L, claimed that there are two sides to this
issue, and the Council should consider both sides. He stated that information will be mailed
to the Council in their Friday packet.
A broad discussion ensued dealing with the subject of safety issues and unfair
competition, and City Manager Garza responded to specific questions posed by the Council.
Before the next reading of the ordinance, Council Member Schwing requested
answers be provided to the following questions as to the location of the circuit breaker, the
intention of the code and if the Utility Commission intends for utility companies not to meet
the National Electrical Safety Code.
Council Member Guerrero expressed concern that CP&L's system which is offered
on a leasing plan is the only option available to many people on a fixed or low income to
obtain a security light.
City Secretary Chapa polled the Council for their votes and the following ordinance
was passed on first reading:
17. FIRST READING
AMENDING THE CODE OF ORDINANCES, CHAPTER 13, BUILDINGS;
CONSTRUCTION AND RELATED OPERATIONS; HOUSING AND HOUSING
PREMISES STANDARDS, SECTION 13-93, PERMITS AND FEES, TO
REQUIRE PERMITS FOR ELECTRIC UTILITY COMPANIES TO INSTALL
EXTERIOR LIGHTING.
The foregoing ordinance passed on first reading by the following vote:
Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing
voting, "Yes."
* * * * * * * * * * * * *
Mayor Turner called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 1 thru 9, and Council Members requested
that Items 3 and 4 be withheld for discussion.
There were no comments from the audience on the other items.
City Secretary Chapa polled the Council for their votes and the following were
passed:
1. M90-286
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Regular Council Meeting
November 6, 1990
Page 5
Motion approving supply agreements with the following companies for water meter
repair parts, in accordance with Bid Invitation No. BI -0406-90, for a total of $26,000
based on only bids. The terms of the contracts will be 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. These items will be used by the Water
Department and funds have been budgeted in FY 90-91.
Sensus Technologies, Inc.
Rockwell Meter Parts
Uniontown PA
$17,000
Kent Meters
Kent Meter Parts
Ocala, FL
$1,000
Grand Total: $26,000
Schlumberger, Inc.
Neptune Meter Parts
Dallas, TX
$7,000
Badger Meter, Inc.
Badger Meter Parts
Milwaukee, WIS
$1,000
The foregoing motion passed by the following vote: Turner, Martin, Galindo,
Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye."
2. M90-287
Motion approving a supply agreement for Ortho Products in accordance with Bid
Invitation No. BI -0359-90 with Ortho Pharmaceutical Corp., Raritan, New Jersey,
based on sole source for an estimated annual expenditure of $18,441.72. 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 Health Department.
Funds have been budgeted for FY 90-91.
The foregoing motion passed by the following vote: Turner, Martin, Galindo,
Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye."
5. M90-290
Motion authorizing Change Order No. 2 in the amount of $18,000 to the contract
with Garrett Construction Co. in connection with the Lawrence Street T -Head Finger
Pier Replacement Project to remove piers and pilings in the South Basin off the
Lawrence Street T -Head stem.
The foregoing motion passed by the following vote: Turner, Martin, Galindo,
Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye."
6. M90-291
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Regular Council Meeting
November 6, 1990
Page 6
Motion authorizing the City Manager to execute two agreements with Central Power
and Light Company to relocate electrical distribution equipment from overhead lines
to underground cables at a cost not to exceed $13,000, and to install 32 street lights
at a total cost not to exceed $56,260, in connection with the Surfside/Timon
Boulevard Improvements Project.
The foregoing motion passed by the following vote: Turner, Martin, Galindo,
Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye."
7. ORDINANCE NO. 21013
DETERMINING THE NECESSITY FOR AND ORDERING THE
IMPROVEMENT OF: Ayers Street, from Norton Street to Baldwin Boulevard; AND
DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Turner, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and
Schwing voting, "Aye?
8. ORDINANCE NO. 21014
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF
VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET:
Ayers Street, from Norton Street to Baldwin Boulevard; 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 ROLL DURING A MEETING OF
THE CITY COUNCIL ON DECEMBER 4, 1990, 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, Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and
Schwing voting, "Aye."
9. ORDINANCE NO. 21015
AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT
WITH AL HOGAN BUILDER, INC. FOR THE RIGHT TO INSTALL AND
MAINTAIN 250 LINEAR FEET OF FENCE WITHIN THE PUBLIC RIGHT-OF-
WAY IN WINDSONG SUBDIVISION UNIT II.
The foregoing ordinance passed on third reading by the following vote: Turner,
Martin, Galindo, Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting,
"Aye?
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Minutes
Regular Council Meeting
November 6, 1990
Page 7
In response to a question from Council Member McComb on Item 3, supply
agreements for medical supplies, City Manager Garza responded that the City still purchases
emergency medical supplies through the hospital district, clarifying that this contract is not
for emergency medical supplies.
On Item 4, collection of admission fee to Corpus Christi Greyhound Associates Race
Track, Mayor Pro Tem Martin inquired how much revenue this would provide the City, and
City Manager Garza estimated that it would be about $40,000 to $50,000. A discussion
followed as to the use of these revenues by the City.
Council Member Moss raised questions on Items 5 and 7 which the Council
previously approved. On Item 5, Lawrence Street T -Head Finger Pier Replacements,
Council Member Moss inquired how much the contractor bid on his original bid, and City
Manager Garza responded that $26,000 was the original bid.
On Item 7, Ayers Street Improvements, Mr. Moss inquired when the project will be
completed, and Carl Crull, Director of Engineering Services replied in approximately eleven
months.
Mayor Turner clarified a question raised by Mr. Ron Hudson, 3556 Austin, in regard
to collecting a 15 cents admission fee to the Corpus Christi Greyhound Associates Race
Track.
City Secretary Chapa polled the Council for their votes and the following motions
were passed:
3. M90-288
Motion approving supply agreements for medical supplies in accordance with Bid
Invitation No. BI -0397-90 with the following companies for the following amounts
based on low bid, best bid, and low bid meeting specifications for an estimated
annual expenditure of $16,182.12. 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 the Health Department. Funds have been budgeted for FY 90-91.
General Medical
San Antonio, TX
$1,447.40
Dynasty Medical Products
Rockwall, TX
$1,554.50
Grand Total: $16,182.12
United Medical
Corpus Christi, TX
$11,148.97
Texas Drug Reps
San Antonio, TX
$2,031.25
Minutes
Regular Council Meeting
November 6, 1990
Page 8
The foregoing motion passed by the following vote: Turner, Martin, Galindo,
Guerrero, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye."
4. M90-289
Motion requesting the Nueces County Commissioners Court to collect a .15 cents
admission fee to the Corpus Christi Greyhound Associates Race Track for
distribution to the incorporated cities and towns in Nueces County.
The foregoing motion passed by the following vote: Martin, Galindo, Hunt,
McComb, Moss, Rhodes and Schwing voting, "Aye"; Turner and Guerrero abstaining.
s s s s s t x s x• x• s
Mayor Turner called for consideration of Items 10 thru 17.
In regard to Item 16, reconsideration of the ordinance amending the zoning
ordinance upon application by Curtis S. Hills to change the zoning map in reference to the
northeast 80 feet of Lot 32, Block 1, Lexington Subdivision, from "R -1B" One -family
Dwelling District to "B-4" General Business District, Mr. Prescott, one of the applicants,
stated that they had originally requested 120 feet but only 80 feet was approved. He stated
that at the public hearing on October 16, 1990, he was unable to present his case and that
is what he would like to do today.
Mr. Prescott provided background information; he related the purpose of his request;
and he commented about plans for the utilization of the property.
Discussion ensued and Council Member Rhodes expressed concern about the
residential neighborhood.
Michael Gunning, a City planner, presented slides of the area and described the
the adjacent zoning and land use.
A conversation followed dealing with protecting the neighborhood on Johanna Street.
Mayor Pro Tem Martin pointed out that this is a local business attempting to expand
and he would rather grant him the entire 120 feet and have him agree to maintain some
type of a vest pocket neighborhood park on the two lots with landscaping and no curb cut
access.
Council Member Rhodes suggested that the applicant meet with staff to discuss
conditions for a special permit.
A motion was made by Mayor Pro Tem Martin instructing staff to bring back an
ordinance granting "B-4" zoning on the northeast 80 feet of Lot 32, Block 1, Lexington
Subdivision, and meet with the applicant to work out a special permit with certain conditions
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Regular Council Meeting
November 6, 1990
Page 9
for the northeast 40 feet. The motion was seconded by Council Member Rhodes and passed
unanimously; Guerrero absent at the time the vote was taken; Schwing absent. (M90-295)
In regard to Item 10, approving the purchase of one pumper fire truck, Council
Member Moss inquired about the salvage value of the item being replaced, and City
Manager Garza responded that the item is being relocated to reserve, and the estimated
salvage value is approximately $5,000 to $8,000. A short discussion followed in regard to
replacement items.
Council Member Rhodes expressed concern about the change in the procedures
concerning the agenda. She expressed the opinion that it is very confusing to skip around
the items and that they should follow in order.
On Item No. 15, Naval Air Station Hospital, Council Member Hunt made statements
pertaining to the resolution in support of the continuation of the hospital at Naval Air
Station. He suggested additional wording in Section 6 of the resolution in regard to the
Corpus Christi Caller -Times.
City Secretary Chapa polled the Council for their votes and the following were
passed:
10. M90-292
Motion approving the purchase of one pumper fire truck from A.R.T. Tex Apparatus,
Humble, Texas, for $146,000; and one hydraulic rescue system from Casco Industries,
Channelview, Texas for $7,000 in accordance with Bid Invitation No. BI -0013-91
based on low bid. These items are included in the Fire Departments 1990-91
Capital Outlay Budget.
The foregoing motion passed by the following vote: Turner, Galindo, Hunt,
McComb, Moss and Rhodes voting, "Aye"; Martin, Guerrero and Schwing absent at
the time the vote was taken.
14. M90-294
Motion authorizing the City Manager to execute agreements for Laboratory Testing
Services with SmithKline Beecham Chemical Laboratories, Inc. of Dallas, Texas as
the sole source provider, for a one-year period with the option to renew each
agreement for two successive one-year terms. The annual estimated cost for
screening services, based on present utilization, is $35,826.
The foregoing motion passed by the following vote: Turner, Galindo, Hunt,
McComb, Moss and Rhodes voting, "Aye"; Martin, Guerrero and Schwing absent at
the time the vote was taken.
15. RESOLUTION NO. 21016
Minutes
Regular Council Meeting
November 6, 1990
Page 10
IN SUPPORT OF THE CONTINUATION OF THE HOSPITAL AT NAVAL AIR
STATION CORPUS CHRISTI, TEXAS.
The foregoing resolution passed by the following vote: Turner, Galindo, Hunt,
McComb, Moss and Rhodes voting, "Aye"; Martin, Guerrero and Schwing absent at
the time the vote was taken.
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*
Mayor Turner opened the assessment hearing on the improvements to
Surfside/Timon Street Improvements Project indicating assessments of $76,682.31 on 15
items.
Carl Crull, Director of Engineering Services, presented a general overview of the
Timon/Surfside Boulevards and Burleson Street improvements. He reported that Haas
Paving Company submitted the low bid; the base bid price is $862,826.00; preliminary
assessments total $76,682.31; and the City's portion would be $786,143.69. Mr. Crull stated
that the project will have 120 days until completion.
Mr. George Paraskevas, an appraiser, attested that it is his professional opinion that
the properties being assessed in this street improvement project will be enhanced in value
to at least the amount of the improvement.
No one from the audience participated in the public hearing.
A motion was made by Council Member McComb to close the public hearing;
seconded by Council Member Galindo and passed unanimously by those present and voting.
It was pointed out that no action is required by the Council today.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
19. Case No. 990-3, All Saints' Episcopal Church. For a change of zoning from "R -1B"
One -family Dwelling District and "R -1B" with a "SP" Special Permit to "B-4" General
Business District on Lots 11 through 15 and the southwest 10 feet of Lot 10, Block
42, Lindale Subdivision, located at the east corner of South Staples and McClendon
Streets.
Mayor Turner stated that both the Planning Commission and Planning Staff
recommend denial of the "B-4" General Business District, and in lieu thereof, recommend
approval of a Special Permit for a day nursery and four (4) freestanding signs in accordance
with the approved site plan and sign elevation plan subject to four (4) conditions.
Mayor Turner inquired if the zoning was acceptable to the applicant, and he replied
in the affirmative.
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Regular Council Meeting
November 6, 1990
Page 11
No one expressed opposition to the zoning application.
A motion was made by Council Member Galindo to close the public hearing;
seconded by Council Member McComb and passed unanimously by those present and
voting.
City Secretary Chapa polled the Council for their votes and the following ordinance
was passed:
ORDINANCE NO. 21017
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ALL
SAINTS' EPISCOPAL CHURCH BY GRANTING A SPECIAL COUNCIL
PERMIT FOR A DAY NURSERY AND FOUR FREE STANDING SIGNS ON
LOTS 11 THROUGH 15 AND THE SOUTHWEST 10 FEET OF LOT 10, BLOCK
42, LINDALE SUBDIVISION, LOCATED AT THE EAST CORNER OF SOUTH
STAPLES STREET AND McCLENDON STREET; AND DECLARING AN
EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Turner, Galindo, McComb, Moss and Rhodes voting, "Aye"; Martin, Guerrero,
Hunt and Schwing absent at the time the vote was taken.
Mayor Turner opened the public hearing on the following zoning application:
20. Case No. 990-4, 5333 Everhart, Inc.: For a change of zoning from "B-1"
Neighborhood Business District to "B-4" General Business District on Lot 31, Block
6, Stonegate North Unit 3, located at the north corner of Everhart Road and Curtis
Clark Drive.
Mayor Turner stated that both the Planning Commission and Planning staff
recommend denial of this application.
An associate of the applicant requested that the zoning application be tabled for
about two weeks so that the applicant would be able to participate in the hearing.
A motion was made by Council Member Rhodes to continue the public hearing for
approximately two weeks. The motion was seconded by Council Member Moss and passed
unanimously by those present and voting.
Mayor Turner opened the public hearing on the following zoning application:
Minutes
Regular Council Meeting
November 6, 1990
Page 12
21. Case No. C1090-1 City of Corpus Christi: For a change of zoning from "I-2" Light
Industrial District to "B-5" Primary Business District on Lots 7 through 12, Block 69
and remaining portion of Lots 10 through 12, Block 78, Beach Addition, located on
the east side of North Broadway Street, between Brewster and Resaca Streets.
Mayor Turner stated that both the Planning Conunission and Planning Staff
recommend approval of the zoning application.
No one in the audience expressed opposition to the zoning application.
Council Member Moss moved to close the public hearing; seconded by Council
Member Rhodes and passed unanimously by those present and voting.
City Secretary Chapa polled the Council for their votes and the following ordinance
was passed:
ORDINANCE NO. 21018
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE
CITY OF CORPUS CHRISTI BY CHANGING THE ZONING MAP IN
REFERENCE TO LOTS 7 THROUGH 12, BLOCK 69, AND REMAINING
PORTION OF LOTS 10 THROUGH 12, BLOCK 78, BEACH ADDITION,
LOCATED ON THE EAST SIDE OF NORTH BROADWAY STREET,
BETWEEN BREWSTER AND RESACA STREETS, FROM "I-2" LIGHT
INDUSTRIAL DISTRICT TO "B-5" PRIMARY BUSINESS DISTRICT; AND
DECLARING AN EMERGENCY.
An emergency was declared and the foregoing ordinance passed by the following
vote: Turner, Martin, Hunt, McComb, Moss and Rhodes voting, "Aye"; Galindo,
Guerrero and Schwing absent at the time the vote was taken.
Mayor Turner declared a three-minute recess.
Mayor Turner reconvened the Council Meeting and called for consideration of
possible City Charter Amendments which would be submitted to the voters in an election
on January 19, 1991. She requested that the public make their recommendations first,
followed by the Council.
Mayor Turner noted that two items which will be on the January ballot by citizens'
petitions are the utility rate cap of six percent and the human life amendment.
Mr. James Wagner, 3301 Casa de Amigos, the local NAACP President, spoke in
support of single -member districts, stating that the current system does not elect blacks. Mr.
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Regular Council Meeting
November 6, 1990
Page 13
Wagner informed the Council that the black community will put forth a qualified well -
funded candidate in the April election.
Mr. Jose Garza, Director of Political Access for the Mexican American Legal
Defense and Education Fund, stated that MALDEF would oppose the proposal that the
positions on the Council be staggered. He intimated that MALDEF would also be opposed
to the proposal that the terms of office of the City Council be limited. Mr. Garza
encouraged the Council to eliminate the at -large election system and he expressed support
of a single -member district system.
Mr. Garza noted that in April the Census will release the 1990 Census and the City
will be under obligation to redraw its current single -member districts, following which the
City must then submit the entire election system for Department of Justice Review. He
alleged that if Corpus Christi does have a problem maintaining its three at -large positions,
the City will have difficulty securing pre -clearance from the Department of Justice for this
election plan. In summation, Mr. Garza implied that MALDEF would consider taking the
City to court to force redistricting.
Following a conversation, Mr. Garza responded to specific questions posed by the
Council. He stated that this is not an issue of whether Black, Hispanic or Anglo candidates
can sit on the Council, it is an issue of whether the Black, Hispanic or Anglo community has
an opportunity to select candidates to sit on the Council. He stated that their experience
has shown that when the election system is made fair and the community feels a part of it,
the ethnicity and race of the candidates begins to diminish.
In regard to redistricting, Mayor Turner expressed the opinion that this issue
deserves serious debate. She stated that the City needs the Census data, and it would be
irresponsible to redistrict without taking more time to plan.
Mr. Danny Noyola, 4410, Acushnet, and Mr. Jesse Hix, 2622 Segrest, spoke in
support of single -member districting.
Mr. Fred Heldenfels, 5429 Chevy Chase, representing the Chamber of Commerce,
and Mr. Joe Wilson, 6017 Idylwood, Chairman of the Chamber's Task Force that studied
the City Charter, submitted the following three recommendations: initiative and referendum;
annexation by ordinance; and City lease limitation.
Mr. J. E. O'Brien, 4130 Pompono, commented about a City currently involved in a
lawsuit in regard to being able to amend the City Charter every two years. Mr. O'Brien
expressed opposition to the three proposals recommended by the Chamber of Commerce.
Mr. Harry H. Miller, spoke about the lack of black Council Members and expressed
support of the single -member districts.
Mr. Steve Morales, 1321 South Port, spoke in support of single -member districting.
He proposed staggered terms with 2 four-year terms.
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Regular Council Meeting
November 6, 1990
Page 14
Mr. Moses Garret, Jr., 2409 Summers, spoke in favor of single -member districts,
stating that the blacks need representation.
Mr. Philip Rosenstein, 949 Bobalo, spoke in opposition to recommendations
submitted by Michael Speed, a member of the Coalition for Good Government, in regard
to an amendment providing for Council Meetings to be held once each month and the I
discrimination on tax exemptions.
The following individuals also expressed support of single -member districting: Mr.
Ricardo Gonzalez, 6130 Boca Raton, a former Council Member; Mr. Robert J. Reyna, 1821
Roslyn; Mr. Sam Granato, 3802 Caravelle; Mr. Benny Benavides; Mr. Alex Gonzalez, 1037
Monette; and Mr. David Royal, 2801 North Shoreline, who presented a prepared statement
in favor of single -member districting.
Mr. Ron Hudson, 3556 Austin, read a prepared statement in regard to the right to
life preamble.
A motion was made by Council Member Guerrero to close the public hearing;
seconded by Council Member Moss and passed unanimously by those present and voting.
Mr. Guerrero moved that the proposed amendments and the ones recommended by
the public should be documented by staff and submitted to the Council for their review, and
that they should be prepared to vote on them next Tuesday. The motion died for lack of
a second.
City Secretary Chapa stressed that he would like to have the ordinance prepared for
the Council's vote by next Tuesday.
Council Member Rhodes questioned establishment of a specific number of single -
member districts because it would be impossible to determine the number that should be
established prior to distribution of the census figures in April, 1991.
City Secretary Chapa explained that an ordinance will be prepared with the issues
that the Council approves for inclusion on the ballot, and the vote will be taken at the
meeting on November 13.
A motion was made by Council Member Guerrero that the staff prepare the wording
on all of the items approved so that the Council may vote on them next week. The motion
was seconded by Council Member Moss.
Mayor Pro Tem Martin interjected that the Council should really decide during this
meeting so that the ordinance can be prepared for the following week to enable the City
Secretary to prepare the submission to the Justice Department in a timely fashion.
Following a short discussion, the Council agreed to vote on the items at that time.
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Regular Council Meeting
November 6, 1990
Page 15
A motion was made by Council Member Guerrero that Article II, Sec. 1. be amended
to establish eight single -member districts with the Mayor to be elected at large. The motion
was seconded by Council Member Galindo and failed to pass by the following vote:
Galindo, Guerrero, and Schwing voting "Aye"; Turner, Martin, McComb, Moss and Rhodes
voting "No"; Hunt absent at the time the vote was taken.
A motion was made by Council Member Guerrero that the same section be amended
to establish ten single -member districts with the Mayor to be elected at large. The motion
failed due to the lack of a second.
A motion was made by Council Member Guerrero that the same section be amended
to establish twelve single -member districts with the Mayor to be elected at large. There was
no second to the motion, and Mayor Turner declared that it also failed.
Council Member Guerrero then made a motion to include an amendment on the
ballot to elect all Council Members from single -member districts, with the Mayor elected
at large, and the number of districts to be determined after April, 1991, when the updated
census figures are available. The motion was seconded by Council Member Galindo and
failed to pass by the following vote: Galindo, Guerrero, Rhodes, and Schwing voting "Aye";
Turner, Martin, McComb, and Moss voting "No"; Hunt, absent at the time the vote was
taken.
Mayor Pro Tem Martin recommended that an alternative item be included on the
ballot pertaining to the limitation on utility rates and made a motion that the following
amendment be placed on the ballot: "The rate for each utility service operated by the City
shall not be increased in any fiscal year by more than six (6%) percent over the rate charged
the preceding year except for debt service, increases mandated by another government
entity, and pass through costs. Provided, however, in the event of an emergency declared
by the Council with all members voting "aye" on the increase, then a higher rate may be
adopted on a temporary basis for the next fiscal year. Effective on voter approval." The
motion was seconded by Council Member Moss.
Council Member Rhodes inquired about the consequences if both amendments
pertaining to the limitation on utility rate increases pass.
City Attorney George explained that the voters who want the maximum limitation
would probably vote for the amendment presented by the petitioners, but he stated that he
would feel more secure if language were included that if the amendment proposed by
Council Member Martin passes, it would prevail.
Mayor Pro Tem Martin stated that he had a legal opinion from City Attorney George
that his amendment would prevail.
After a brief discussion, Mayor Pro Tem Martin stated that he preferred to have the
wording on the amendment the way it was in the memo. The Council agreed that the
determination of which would prevail could be resolved at next week's meeting after a staff
report on this matter.
Minutes
Regular Council Meeting
November 6, 1990
Page 16
Mayor Turner called for the vote on the motion and it passed as follows: Turner,
Martin, Guerrero, McComb, Moss and Schwing voting "Aye"; Galindo and Rhodes voting
"No"; Hunt absent at the time the vote was taken.
A motion was made by Council Member Schwing to place on the ballot the question,
"Are you in favor or against Packery Channel?" The motion was seconded by Mayor Pro
Tem Martin, and passed by the following vote: Turner, Martin, Galindo, Guerrero,
McComb, Moss and Schwing voting "Aye"; Rhodes voting "No"; Hunt absent at the time the
vote was taken.
Council Member McComb referred to the annexation by ordinance provision and
suggested increasing the number of signatures required to call for a referendum from 500
to at least 5 percent of the registered voters. A brief discussion followed on this issue.
Council Member McComb then reminded the Council that the Charter Revision
Committee that had been appointed did not submit any recommended amendments and the
amendments now being considered have not been carefully studied. He suggested that
rather than rush to put items on the ballot, that the Council study more carefully some of
the suggested amendments.
City Secretary Chapa informed the Council that he had been contacted by
representatives of Corpus Christi Independent School District who have requested that they
be allowed to join the City in the election. He stated that the issue, or issues, they will have
on the ballot concern the homestead exemption for the handicapped and those over 65 years
of age.
Council Member Moss pointed out that some of these amendments proposed should
be considered by a good Charter Revision Commission, similar to the one that had worked
on the revisions that were adopted in 1987.
Mayor Turner called for petitions or comments from the audience on matters not
listed on the agenda.
Mr. Wayne Grotjan, 13553 Port Royal Court, referred to a letter he had previously
sent to the Council requesting an investigation of building regulations on Padre Island and
referred to a letter placed in the Council's packets and stated that he did not send that
letter, that it was a forgery, and he has informed the postal authorities.
The Council inquired if the City Manager had responded to his concerns, and Mr.
Grotjan stated that he had and the matter had been resolved.
Council Member Moss requested that an item be placed on the agenda the following
week on the Mercer report, and Council Member Galindo suggested that it be delayed one
additional week since the Council must resolve the election issues.
Minutes
Regular Council Meeting
November 6, 1990
Page 17
Mr. Ron Hudson, 3556 Austin, referred to the Parkdale Library and again objected
to the fact that there is still some question about the ownership of a strip of land through
the parking lot.
Mr. Paul S. Vera, Sr., 3318 Casa de Amigos Street, described an incident that
occurred at the Airport when a security officer almost shot another employee; the officer
was discharged; and the Civil Service Commission reinstated him to his position. Mr. Vera
expressed concern that this officer was still employed at the Airport because of the safety
of other employees.
City Manager Garza assured the Council that he is aware of the incident and he will
have a closed session the following week to provide a status report on the matter.
Mayor Pro Tem Martin pointed out that the City Council makes the appointments
to the boards and committees, and they need to be aware of what some of their boards are
doing.
There being no further business to come before the Council, Mayor Turner
adjourned the meeting at 6:52 p.m. on November 6, 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 November 6, 1990 which
were approved by the City Council on November 13, 1990.
WITNESSETH MY HAND AND SEAL, this the 7th day of January, 1991.
Betty Turn&r
Mayor
lel
dtie
Armando Chapa
City Secretary