HomeMy WebLinkAboutMinutes City Council - 12/01/1992MINU I'ES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
December 1, 1992
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Mary Pat Slavik
Council Members:
Cezar Galindo
Leo Guerrero
Edward Martin
Joe McComb
Dr. David McNichols
Betty Jean Longoria
Clif Moss
City Manager Juan Garza
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
Mayor Rhodes called the meeting to order in the Council Chamber of City Hall.
The invocation was delivered by Council Member Galindo, following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member Longoria.
City Secretary 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 Rhodes called for approval of the Minutes of the Regular Council Meeting
of November 24, 1992, and there being no corrections, she proclaimed them approved as
presented.
Mr. Manny Alvarez, Chairman of the Harbor Lights Promotions Committee,
reviewed events of the upcoming "Harbor Lights" celebration. Ms. Janice Cubellis,
Entertainment Chairman, distributed commemorative T-shirts to the Mayor and Council
Members.
Mayor Rhodes announced that the City of Corpus Christi did not make the short-list
for the Department of Defense Central Accounting Project. She further stated that the item
MICROFILMPI
Minutes
Regular Council Meeting
December 1, 1992
Page 2
had been withdrawn from consideration on the days agenda. Council Member McComb
expressed appreciation to Mr. Mike Carrell and other individuals for their efforts regarding
the project.
WITHDRAWN
limitations:
Defense Finance and Accounting Service Center to be located in
Corpus Christi.
voters
Y. _
• .. .
(e) No election will be held if Corpus Christi docs not make DOD's short
Mr. Bob Harrold gave a brief presentation regarding the establishment of a Mexican
Baseball League in the City. He distributed material and explained benefits to the
community. Mr. Harrold also discussed favorable meetings with the Mexican Baseball Team
Owners and the President of the Mexican Baseball League. He stated that they have
offered to play exhibition games in Corpus Christi in March of 1993. He stated that this
would be a good opportunity to determine the community's interest in such program.
Additionally, Mr. Harrold commented on the need for a new baseball stadium in the City
and the possibility of the City funding the project. He further suggested that the baseball
team, along with other teams utilizing the field, could repay the City for the new stadium.
A brief discussion developed and several Council Members requested
more information. Mayor Rhodes and Council Member McNichols suggested that
Mr. Harrold contact Mr. Gary Bushell, Corpus Christi Area Economic Development
Corporation, for assistance in evaluating the feasibility of the program.
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 4 through 6, and no one requested Items
be withheld for discussion.
Minutes
Regular Council Meeting
December 1, 1992
Page 3
City Secretary Chapa polled the Council for their votes and the following were
passed:
4. M92-316
Motion rejecting bids for supply agreement for custodial services for City Hall and
Service Center based on prices being too high. Bid Invitation No. 13I-0022-92 will be
rejected and new bid invitations will be issued.
The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero,
Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye."
5. RESOLUTION NO. 021524
Resolution governing City elections in 1993, including appointment and compensation
of election officials, voting systems, ballot boxes, and central counting station.
The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero,
Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye."
6. ORDINANCE NO. 021525
Ordinance closing and abandoning a 3.36 -foot wide by 30.23 -foot long portion of a
7.5 -foot wide utility easement along the west property line of Lot 11, Block 1,
Inverness Unit A Subdivision, subject to replatting the property within 180 days and
executing a hold harmless agreement.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss,
and Slavik voting "Aye."
Mayor Rhodes called for considerations from the Regular Agenda.
Mayor Rhodes opened the discussion on Item 7, the third reading of the wastewater
winter averaging ordinance.
City Manager Garza explained present alternatives to the ordinance which involved
changing the effective date for winter averaging and defining the base year revenue.
Council Member Moss stated that he supported the winter averaging concept, and
inquired whether the meter readings for winter averaging would be separate from the
regular meter readings.
Council Member Martin expressed concern that the water meters were not being
read on the target date listed on the postcards mailed to the customers. Mr. Martin
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Regular Council Meeting
December 1, 1992
Page 4
inquired whether the regular meter readings had been coordinated with the reading date
listed on the postcards.
City Manager Garza stated that reading the water meters on a specific date would
be difficult. He further stated that it was his understanding that the postcard indicated that
water meters would be read three times on or after the date listed. He next stated that
these readings would provide three complete readings during that time frame, and that the
meter reading determining the winter average would be performed at the same time of the
regular reading.
A brief discussion developed and it was determined that the language on the postcard
implied that water meters would be read for the purpose of winter averaging on a certain
date.
Council Member Martin commented on his previous concern of establishing the
yearly base revenue on the budget needs instead of actual revenue. Additionally,
Mr. Martin stated that he could not support the present alternative because of the delay of
the effective date. Further, Mr. Martin stressed the importance of implementing winter
averaging independent of any rate increase so that winter averaging is not perceived as a
rate increase, but as an adjustment in billing procedures.
Council Member Martin referred to the six percent rate cap in the Charter and stated
that the variations occurring from changing the method of calculating wastewater rates
would not violate this cap. City Attorney Bray agreed and stated that the City is attempting
to perform a revenue neutral transition from one rate design to another.
Responding to Council Member Galindo, City Manager Garza explained the winter
averaging rate affects on consumer's bills.
Council Member Martin suggested using the projected wastewater revenue figure
from last year's budget as the revenue base. City Manager Garza stated that significant
growth in the City would alter this figure but an adjustment could be made accordingly.
Council Member Martin suggested that the Council adopt the winter averaging
program projecting the effective date as June 1, 1993, and determine the base revenue prior
to implementation next year.
City Manager Garza stated that he was withdrawing this item from consideration on
the day's agenda. He next suggested postponing the adoption of the ordinance until April
or May of 1993 when accurate information was available from the meter readings as well
as information regarding the budget.
Mayor Rhodes requested that Mr. Garza implement a procedure which would verify
the information on the postcards to the public.
Minutes
Regular Council Meeting
December 1, 1992
Page 5
7. WITHDRAWN
* * * * * * * * * * * * *
Mayor Rhodes opened the discussion and consideration of the recommended Charter
Revision proposals, and the public hearing.
Council Member Longoria commented that the Charter Revision Committee
distributed its final report at the last public hearing on November 10, 1992. Mrs. Longoria
further commented that the alternatives and additions presented at the day's meeting were
generated from questions and concerns from the previous council hearing and were
prepared by City Attorney Bray and Charter Revision Committee Member John Bell.
City Attorney Bray discussed the recommended changes in the distributed material
concerning Propositions 2, 6, 8, and 12. Mr. Bray explained that in Proposition 2, an
amendment to modify the provisions for initiative and referendum, the sixty day time period
for circulating petitions would begin upon the deadline for the Council to determine action.
He stated that this change would facilitate a full sixty days for circulation of petitions which
in turn would suspend the ordinance and allow a referendum election at the next available
election date rather than the next Council election. Mr. Bray next explained that the change
in Proposition 6 would clarify that the Council would not be mandated to meet once a week
but would be required to meet twice monthly and would have flexibility to alter the schedule
of the council meetings for efficiency purposes. Next, Mr. Bray explained that the change
in Proposition 8 conformed the language to the Federal Equal Employment Opportunity
Statutes and no additions or deletions were present. Mr. Bray lastly explained the
recommended Proposition 12 which proposed a salary increase for the Mayor and Council
Members.
Mayor Rhodes called for comments from the audience.
Mr. Mr. J. E. O'Brien, 4130 Pompano, expressed concern that the public did not have
adequate information regarding Proposition 12. Next, Mr. O'Brien questioned specific
information contained in the distributed material regarding terms of school district officials,
general law cities, and the reduction in the City's bond rating. Lastly, Mr. O'Brien stated
that he opposes the proposed Charter amendments because the amendments provided the
City Council more authority and the citizens less authority.
In response to Mr. O'Brien's comments, City Attorney Bray discussed the questioned
information in the distributed material. Mr. Bray also referred to the last bond presentation
which concluded that the present City tax cap was a major factor in determining the City's
bond rating. Additionally, Mr. Bray stated that the new proposal would allow the
constitutional cap to be available for voter approved bonds.
Minutes
Regular Council Meeting
December 1, 1992
Page 6
Mr. Phillip Rosenstein, 949 Bobalo, inquired about the disabled and elderly tax
exemption status in connection with Proposition 10. City Attorney Bray answered that this
proposition would not affect this status.
Responding to Council Member Slavik's inquiry, City Attorney Bray stated that
regulating council meetings was in the City Charter, and that he would provide information
about other Texas cities.
Ms. Pauline Clarke, 3902 Mueller, member of the League of Women Voters of
Corpus Christi, discussed the history and importance of the ordinance allowing the City
Council to annex land. She stated that annexation of an area should take place when the
land is developed to the level that it is financially advantageous to the City and the City is
prepared to serve the basic needs of the people in the annexed area. Ms. Clarke next stated
that she supported the salary increases in Proposition 12, but feels that the positions should
continue to be part time.
Responding to Ms. Clarke's comments regarding the City's Industrial District, Council
Member McNichols referred to current negotiations regarding the agreement between the
City and the Industrial District.
Mr. Ronald A. Hudson, 3556 Austin, referred to his suggested City Charter revisions
distributed at the last council meeting. Mr. Hudson also briefly referred to a possible
contradiction in Article I, Home Rule Government, Section 4, Initiative and Referendum,
regarding presenting matters to the Council for consideration. Mr. Hudson expressed
concern about the short time period employed by the Charter Revision Committee in
formulating their final report.
Mr. Irving Dietz, 455 Miramar Place, inquired about making a correction to the
Charter concerning bond elections in the City to ensure that current City Councils complied
with former City Council's commitments. A brief discussion ensued and it was determined
that this was not a Charter issue. Next, Council Member Martin stated that, at the time of
the bond election, specific projects could be listed on the ballot and voted on in Lieu of
voting on a particular fund. Also, Council Member McComb commented that a provision
could be added to Article VIII stating that all bond projects presented to voters could be
on a project -by -project basis.
Mr. Leon Perez, 904 Buford, stated that he supported a salary increase for the
Mayor.
Returning to Council Member Slavik's earlier inquiry, City Attorney Bray reviewed
the statistics of other similar Texas cities regarding the meeting time frame for regular
council meetings.
Council Member Martin moved to close the public hearing, seconded by Council
Member Longoria, and passed unanimously.
Minutes
Regular Council Meeting
December 1, 1992
Page 7
Next, the Council discussed the proposed amendments as follows:
In regards to Proposition 1, Council Member Martin inquired whether the City could
presently annex by ordinance. City Attorney Bray affirmed. Ms. Clark stated that she
would appreciate more specific language in the Charter regarding the annexation
procedures. There was no Council opposition to Proposition 1 as presented.
Pursuant to Proposition 2, Mr. John Bell stated that the recommended change in
Proposition 2 would insure a sixty day time period for circulating referendum petitions.
Council Member Martin expressed support of this additional language. The Council
concurred with revised Proposition 2A.
Responding to Mayor Rhodes' inquiry, City Secretary Chapa suggested that the newly
recommended propositions be returned to the Council for ratification and the results placed
in the ordinance calling the election. Mr. Chapa next explained the deadline for finalization
of the propositions. Mayor Rhodes suggested that the propositions be discussed at the next
council meeting and that another public hearing be held at that time.
There were no comments of opposition to Proposition 3, term limitations for the
mayor and council members.
Pursuant to Proposition 4, a brief discussion ensued regarding eliminating the filing
fee, and Council Member Martin inquired whether State law allowed a signature system
independent of a filing fee. City Attorney Bray affirmed. Mayor Rhodes moved to strike
the language regarding the payment of a filing fee, which was seconded by Council Member
McNichols. Mayor Rhodes called for a voice vote and the motion passed by a vote of six
to three.
Council Member Martin moved to eliminate Proposition 5, an amendment to change
the time for City Council Runoff elections, seconded by Council Member McNichols.
Additionally, Council Member Longoria commented that the additional week would allow
citizens an extra week to vote. Mayor Rhodes agreed with Mrs. Longoria's comments, but
expressed concern about additional cost to candidates for the extra week.
Responding to Council Member Longoria's inquiry about a vote recount for an
election, City Secretary Chapa stated that twenty-four to forty-eight hours were allowed for
a recount which could be requested until the time for canvassing. He next stated that an
ordinance approving the election results would follow. Further, Mr. Chapa stated that in
the event of a recount the runoff period would be shorter.
Mayor Rhodes called for a hand vote on Council Member Martin's motion to delete
Proposition 5, and the motion passed by a vote of five to four.
Regarding Proposition 6, an amendment to allow the City Council to adjust its
regular meeting schedule, there was no opposition expressed as rewritten and presented
under 6A, allowing the Council to adjust its regular meeting schedule.
Minutes
Regular Council Meeting
December 1, 1992
Page 8
Regarding Proposition 7, an amendment to modify the provision for removal of
council members, there was no opposition expressed.
Regarding Proposition 8, an amendment to conform the discrimination provisions
concerning employment with current federal law, there was no opposition expressed as
rewritten and presented in 8A changing the term "handicap" to "disability" and adding the
terms "age" and "color" to the non-discrimination provisions of the City Charter.
Council Member Martin moved to amend Proposition 9 adding that Council
Members could become candidates for any non -city public office, providing they would
forfeit their positions in the event they are elected or appointed to the new office. The
motion was seconded by Mayor Rhodes.
Council Member Longoria commented that when a Council Member was seeking
another office, a conflict of interest could occur. City Attorney Bray stated that it was his
understanding that the Committee felt that campaigning for another office would interfere
with public business. A brief discussion ensued regarding the addition. Council Member
Longoria next referred to a survey of sixteen Texas cities wherein only two cities did not
require resignation.
Mayor Rhodes called for a hand vote on Mr. Martin's motion regarding
Proposition 9, and the motion passed by a vote of seven to two.
Pursuant to Proposition 10, an amendment to provide that the debt service required
for bonds approved by the voters in the future would be subject to the tax rate limitation
provided in the Constitution, there was no opposition expressed.
Responding to Council Member McNichols' inquiry about Proposition 11, Mr. John
Bell briefly discussed the history of issuing long term leases on submerged waters in Corpus
Christi Bay. Mr. Bell further stated that the proposed change restructured the section in
the City Charter for clarification and continued the existing City law regarding leases.
Council Member McNichols moved to remove the reference to submerged lands in
the proposition, seconded by Council Member Galindo. Mayor Rhodes called for a hand
vote on the motion and the motion failed by a vote of four to four, Council Member
Guerrero absent at the time of the vote. Proposition 11 was not changed.
Pursuant to Proposition 12, Council Member Martin commented that he supported
the salary increase for the Mayor and requested a survey of salaries of Mayors and Council
Members in other cities. Next, Mr. Martin suggested that the Mayor's salary could be
"pegged" as a part time position to another position, possibly the City Manager or City
Secretary, to eliminate the need for future increases.
Mayor Rhodes stated that she supported the recommended Mayor's salary of $18,000
as recommended in the proposition. Next, Council Member McComb moved to increase
the Mayor's salary from the current $9,000 to $12,000 instead of the recommended increase.
The motion failed for a lack of a second.
Minutes
Regular Council Meeting
December 1, 1992
Page 9
Council Member Slavik expressed concern about pegging the Mayor's salary to
another position and discussed possible complications. Mrs. Slavik next suggested a cost of
living index increase reflecting inflationary factors instead.
Council Member Moss moved to include a salary increase of $18,000 in annual
compensation for the Mayor and $9,000 for City Council Members.
Council Member Martin expressed concern about increasing the City Council
Member's salaries, and stated that the current salary was adequate. Mr. Martin next stated
that the Mayor's position was a full time position and should be sufficiently compensated.
Lastly, Mr. Martin suggested increasing the salary of the Mayor and not the Council
Members.
Council Member McComb agreed with Council Member Martin's previous comments
regarding the referenced salaries.
Council Member Moss amended his previous motion, to include a salary increase of
$18,000 in annual compensation for the Mayor and $9,000 for City Council Members, to
exclude the salary increase for City Council Members, seconded by Council Member Slavik.
Mayor Rhodes called for a hand vote on the motion, and the motion passed by a vote of
six to two.
Council Member Moss then moved to increase the salaries of Council Members to
$9,000, seconded by Council Member McNichols. Mayor Rhodes called for a hand vote and
the motion failed by a vote of five to four.
Mayor Rhodes expressed appreciation to the Charter Revision Committee.
* * * * * * * * * * * * *
Mayor Rhodes called for the City Manager's report.
City Manager Garza commented that the video on wastewater winter averaging
viewed at the last Council Meeting was aired before the days Council Meeting and
commended Susan Cable for her efforts. He next commented on the meetings between
Susan Cable and the Council regarding suggested changes for the Regular Council Meeting
Agenda.
Mayor Rhodes stated that the Council meeting of December 29 was going to be tight
and suggested that it be canceled. Discussion followed and she declared the meeting
canceled.
Mayor Rhodes next referred to a recent incident at Moody High School involving an
off-duty police officer which signaled for assistance, and City Manager Garza stated that he
would investigate the matter. Next, City Manager Garza commented that he would provide
a report on the City's radio system at the next Council meeting. Lastly, Mayor Rhodes
commented on the recent meeting with the Board of Trade in which their cooperation was
Minutes
Regular Council Meeting
December 1, 1992
Page 10
offered in putting data into the City's computer regarding pipelines and other related
information. She stated that City Manager Garza would be contacted soon by the recently
formed committee regarding such matter.
Mayor Rhodes called for Council concerns and reports.
Council Member Guerrero inquired about the negotiations between the City and
Central Power and Light Company (CPL) regarding the reading of gas meters in the City.
City Manager Garza explained that approximately one year ago he contacted CPL about
jointly reading meters in the City, but this suggestion did not materialize. Council Member
Guerrero inquired about new positions, salary increases, and position changes at the Gas
Division. City Manager Garza replied that these changes had not recently occurred.
Council Member Guerrero suggested that the Gas Division remain as described in the
Request for Proposal to insure fairness to all concerned. Lastly, Mr. Guerrero referred to
Mr. Eric Wramp's comments regarding the City's radio system, and Mr. Garza stated that
he planned a presentation on the matter on next week's agenda.
Council Member Martin commented on the letters from Mr. Donald R. Temple, and
Mr. Garza stated that he would investigate the matter. Mr. Martin next commented on a
recent newspaper article regarding a resident dumping at the City's landfill. City Manager
Garza explained the policies implemented at the landfills regarding different types of
materials and the number of times visited. Mr. Martin requested that Mr. Garza contact
the individual writing the article. Mr. Martin next commented that the Corpus Christi Area
Convention and Visitors Bureau requested that their Board appointments be postponed
from the next Council meeting. Further, Mr. Martin commented on a flyer he recently
received from the local cable company concerning cable rate increases, and requested that
Mr. Garza inquire into the new regulations presently being promulgated. Mr. Garza stated
he would contact the proper officials and report to the Council. Mr. Martin next inquired
about "Operation Heat Help," and suggested a video presentation be aired before the
Council meetings regarding this program. Lastly, Mr. Martin inquired regarding the lawsuit
against the City for the recent alcohol ban in City parks, and City Attorney Bray stated that
he would provide an update to the Council on the issue.
Council Member McNichols commented on the recent meeting in which the City was
accepted to the National Estuary Program. Dr. McNichols also discussed the National
Estuary Program and the Nueces Bay Brine Disposal hearing delays. Next, Dr. McNichols
answered Council Member's concerns regarding the program and the delays.
Council Member Slavik commented on several recent errors in the agenda packet.
Further, Mrs. Slavik inquired about the problems involved regarding payment of the City's
utility bills, and City Manager Garza explained the current changes to correct these
problems. Next, Mrs. Slavik suggested that the City's permit and utility department work
together to more efficiently assist the community.
Returning to previous comments about the National Estuary Program, Dr. McNichols
discussed the goals and objectives established by the City and the Texas Water Commission
through the policy committee. Next, Dr. McNichols commented about a recent surface
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Regular Council Meeting
December 1, 1992
Page 11
sealing process in the area of the Old Nueces County Courthouse, and Mr. Garza explained
that this was a routine operation. A brief discussion developed regarding this issue.
Council Member McComb commented on a recent incident wherein he visited the
City/County Health Department during the lunch hour and was unable to transact business
because the department was closed. Mr. McComb next made suggestions which would
enable the department to remain open at this particular time. Also, Mr. McComb
addressed the letter he received from Mr. Donald R. Temple regarding a complaint against
the City's police and requested that City Manager Garza investigate the matter.
Mr. McComb next referred to the change in operation and management of the City's golf
course, and City Manager Garza stated that to his knowledge there were no formal
ceremonies scheduled. Further, Mr. McComb presented pictures of glass being dumped at
the landfill to City Manager Garza, and discussed a successful program in another city
entitled, "Tire Amnesty Day," regarding the disposal of tires. Mr. McComb suggested that
the City instigate a similar program at the landfills. Additionally, Mr. McComb inquired
about a recent local soccer tournament in the City, and City Manager Garza discussed the
details of the event. Mr. McComb also referred to copies of two newspaper articles he
distributed to the Council Members regarding a San Antonio runoff -cleanup fee and a
recent indictment regarding a wetlands' violation.
Council Member Galindo commented that the City had been selected as the 1993
race site for the Multi -Hull Race, and requested City Manager Garza to obtain further
details for a presentation to the Council regarding such race. The Mayor stated her office
would handle it.
Council Member Longoria referred to the local meeting on the recent gas explosion
scheduled at Our Lady of the Rosary Church at 6:30, December 1, 1992.
Mayor Rhodes next commented on the Mayor's Coalition on Crime Prevention Town
Hall meeting to be held Thursday, December 3, 1992, at the Council Chamber of City Hall.
Mayor Rhodes called for petitions from the audience.
Mr. Ronald A. Hudson, 3556 Austin, stated opposition to wastewater winter
averaging. Mr. Hudson next suggested that City garbage pick-up be regulated in a similar
manner. Council Member Moss stated that wastewater winter averaging was successfully
implemented in the City of San Antonio and other cities.
There being no further business to come before the Council, Mayor Rhodes declared
the Council Meeting adjourned at 4:32 p.m. on December 1, 1992.
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 December 1, 1992, which
were approved by the City Council on December 8, 1992.
WITNESSETH MY HAND AND SEAL, this the 5th day of February, 1993.
Armando Chapa
City Secretary
SEAL