HomeMy WebLinkAboutMinutes City Council - 02/22/2005I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi City Council of February 22, 2005, which were approved
by the City Council on March 8, 2005.
WITNESSETH MY HAND AND SEAL, on this the 9th day of March, 2005.
Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Bill Kelly
Council Members:
Javier Colmenero
Brent Chesney
Melody Cooper
Henry Garrett
Rex Kinnison
Jesse Noyola
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 22, 2005 - 10:02 a.m.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Reverend Le Cowan of Christ Community Church and the Pledge of
Allegiance to the United States flag was led by Council Member Colmenero. 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 Neal called for approval of the minutes of the regular
Council meeting of February 15, 2005. A motion was made and passed to approve the minutes as
presented.
* * * * * * * * * * * * *
Mayor Neal referred to Item 2 and the following board appointment was made:
Planning Commission
Rudy Garza (Appointed)
*************
Mayor Neal called for consideration of the consent agenda (Items 3 - 21). City Secretary
Chapa announced that Council Member Kelly was abstaining from the vote and discussion on Item
14. There were no comments from the public or the Council. A motion was made and passed to
approve Items 3 through 21, constituting the consent agenda. City Secretary Chapa polled the
Council for their votes as follows:
Minutes - Regular Council Meeting
February 22, 2005 - Page 2
3. MOTION NO. 2005-054
Motion authorizing the City Manager or his designee to approve a Letter of Agreement
between the City and the Beautify Corpus Christi Association (BCCA) and providing a
$25,000 grant to BCCA for executing environmentally sustainable tasks like anti -litter
campaigns and recycling education throughout the city, particularly in the Neighborhood
Initiative Programs' communities. The grant funding duration is from February 15, 2005 to
February 14, 2006.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
4. RESOLUTION NO. 026154
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $64,929 to the State of Texas, Criminal Justice Division, for Year 6 funding
available under the Violence Against Women Act (VAWA) Fund for the Police
Department's Family Violence Unit with a City match of $12,182 in the No. 1061 Trust
Fund and $9,600 in-kind services; for a total project cost of $86,71 1.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
5. RESOLUTION NO. 026155
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $63,011 to the State of Texas, Office of the Governor, Criminal Justice Division,
for Year 1 funding of a Crime Scene Technician grant for the Corpus Christi Police
Department, with a City match of $3,500 in the No. 1061 Trust Fund, for a total project cost
of $66,511.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
6.a. MOTION NO. 2005-055
Motion authorizing the City Manager or his designee to accept a renewal Weed and Seed
grant in the amount of $225,000 for Site I North for the continued support of the Weed and
Seed Program from the United States Department of Justice (DOJ).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
February 22, 2005 - Page 3
6.b. ORDINANCE NO. 026156
Ordinance appropriating $225,000 from the United States Department of Justice, Office of
Justice Programs in the No. 1067 Park and Recreation Grants Fund for the continued support
of the Weed and Seed Program, Site I North for FY 2004-2005.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
7.a. MOTION NO. 2005-056
Motion authorizing the City Manager or his designee to accept a renewal Weed and Seed
grant in the amount of $225,000 for Site II West for the continued support of the Weed and
Seed Program from the United States Department of Justice (DOJ).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
7.b. ORDINANCE NO. 026157
Ordinance appropriating $225,000 from the United States Department of Justice, Office of
Justice Programs in the No. 1067 Park and Recreation Grants Fund for the continued support
of the Weed and Seed Program, Site II West for FY 2004-2005.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
8. MOTION NO. 2005-057
Motion authorizing the City Manager or his designee to execute a construction contract with
Isensee Construction, of Corpus Christi, Texas in the amount of $178,750.25 for the
Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 1.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
9. MOTION NO. 2005-058
Motion authorizing the City Manager or his designee to execute a construction contract with
Camrett Corporation, of Corpus Christi, Texas in the amount of $265,860 for the Rolled
Curb and Gutter Replacement FY 2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
February 22, 2005 - Page 4
10. MOTION NO. 2005-059
Motion authorizing the City Manager or his designee to execute a Drainage Easement
Instrument with William Edward Burdette for the acquisition of Parcel 2, in the total amount
of $38,754, for drainage purposes in connection with the Mary Carroll Channel Widening
Project (2047).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
11. MOTION NO. 2005-060
Motion authorizing the City Manager or his designee to execute Change Order No. 3 to
Holloman Corporation, of Converse, Texas in the amount of $201,781 to the Resaca Lift
Station Contract to install casing and force main under the roadways before private
construction takes place at the Staples and Yorktown intersection.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
12. MOTION NO. 2005-061
Motion authorizing the City Manager or his designee to execute Amendment No. 2 with
Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in the amount of $30,000 for
consulting services associated with Pre -Planning of Emergency Recovery Operations.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
13. MOTION NO. 2005-062
Motion authorizing the City Manager or his designee to execute Amendment No. 8 to the
Contract for Professional Services with HDR Engineering, Inc., of Corpus Christi, Texas in
the amount of $182,436 for a total restated fee of $670,642 for the Sanitary Sewer Trunk
Main Rehabilitation Project for manhole replacements and cast iron pipe rehabilitation.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
February 22, 2005 - Page 5
14.a. ORDINANCE NO. 026158
Ordinance appropriating $214,007.61 from unappropriated interest earnings and $27,293.39
from anticipated interest earnings from Baseball Stadium 2004 Capital Improvement
Program Fund No. 3276 for the Whataburger Field; amending the Capital Budget adopted
by Ordinance No. 025647 by increasing appropriations by $241,301.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott,
voting "Aye"; Kelly abstained.
14.b. MOTION NO. 2005-063
Motion authorizing the City Manager or his designee to execute Change Order No. 3 with
the Construction Manager at Risk Contract with Fulton/Coastcon and Hunt Construction
Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of
$393,150 for installation of additional improvements at Whataburger Field and increasing
the Guaranteed Maximum Price to $22,546,454 for construction for the Professional Minor
League Baseball Stadium.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained.
15.a. MOTION NO. 2005-064
Motion authorizing the City Manager or his designee to approve a Renewal for Standard
Maintenance with PeopleSoft USA, Inc., of Pleasanton, California in the amount of
$277,235.38 for twelve (12) months PeopleSoft software maintenance and support for Asset
Management, Accounts Payable, Benefits Administration, Budgeting, General Ledger,
Human Resources, Inventory, Projects, Purchasing, Payroll, and Time and Labor Public
Sector software based on sole source.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
15.b. MOTION NO. 2005-065
Motion authorizing the City Manager or his designee to approve a Renewal for Standard
Maintenance with PeopleSoft USA, Inc., of Pleasanton, California in the amount of $38,740
for twelve (12) months PeopleSoft software maintenance and support for eDevelopment,
eCompensation, eBenefits, eProfile, eRecruit, and ePay software based on sole source.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
February 22, 2005 - Page 6
16.a. MOTION NO. 2005-066
Motion authorizing the City Manager or his designee to execute a purchase agreement with
The Omega Group, of San Diego, California in the amount of $36,995 utilizing funds from
the Cops More Grant. This purchase expands upon the Crime Analysis application currently
utilized by Police Department Crime Analysts. The addition will allow field officers access
to the same data available to them from the crime analysts and they will have the capability
to perform crime analysis in their vehicles.
16.6. MOTION NO. 2005-067
Motion authorizing the City Manager or his designee to purchase TotalRoam software
developed by PADCOM, Inc. from Redmoon BroadBand, Inc, of Plano, Texas in the amount
of $54,640 in accordance with the State's Cooperative Purchasing Program utilizing funds
from the Cops More Grant. This software is required to allow users to roam seamlessly
between the WiFi network and carrier based solution when the WiFi is not available. Once
purchased, it can be used by all city departments for a nominal licensing fee.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
17.a. MOTION NO. 2005-068
Motion approving the Distribution Main Extension Construction and Reimbursement
Agreement submitted by ONAC Development, Inc., owner and developer of The Boardwalk
Unit 2 subdivision, site of the new southside elementary school, located west of the
intersection of Brockhampton Street and Stonehenge Drive for the installation of 115 linear
feet of an 8 -inch PVC water distribution main.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
17.b. ORDINANCE NO. 026159
Ordinance appropriating $7,358.38 from the Water Distribution Main Trust Fund No. 4030-
540450 to pay developer reimbursement request for the installation of 115 linear feet of an
8 -inch PVC water distribution main to develop The Boardwalk Unit 2 subdivision.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Minutes - Regular Council Meeting
February 22, 2005 - Page 7
18. ORDINANCE NO. 026160
Ordinance authorizing the City Manager or his designee to execute a Participation
Agreement with ONAC Developers, Inc., owner and developer of The Boardwalk Unit 2
subdivision for public street improvements on Boardwalk Avenue and Stonehenge Drive,
urban streets abutting a dedicated public park, in accordance with the Platting Ordinance,
not to exceed $106,031.12 for the City's share of costs of the improvements.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
19.a. MOTION NO. 2005-069
Motion approving the Sanitary Sewer Construction and Reimbursement Agreement
submitted by ONAC Developers, Inc., owner and developer of The Boardwalk Unit 2
subdivision located west of the intersection of Brockhampton Street and Stonehenge Drive
for the installation of 989 linear feet, off-site, 12 -inch PVC sanitary sewer collection line
along the present and proposed westward extension of Stonehenge Drive serving the new
southside elementary school, connecting to an existing sanitary sewer line on the west side
right-of-way of Brockhampton Street.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
19.b. ORDINANCE NO. 026161
Ordinance appropriating $61,184.70 from the Sanitary Sewer Collection Line Trust Fund
No. 4220-540450 to pay ONAC Developers, Inc. for the installation of 989 linear feet, off-
site, 12 -inch PVC sanitary sewer collection line as specified in the Sanitary Sewer
Construction and Reimbursement Agreement to develop The Boardwalk Unit 2 subdivision.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
20. ORDINANCE NO. 026162
Ordinance abandoning and vacating a 2,637.50 -square foot portion of a 15 -foot wide utility
easement in Lot 12, Section 28, Flour Bluff and Encinal Farm and Garden Tract (Lot 2,
Block 1, Bridgepoint Landing) located east of Lexington Road, south of State Highway 358;
requiring the owner to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Minutes - Regular Council Meeting
February 22, 2005 - Page 8
21. FIRST READING ORDINANCE
Waiving the 60 -Day waiting period and publication of legal notice; renaming the park at
14125 Jackfish Avenue from Seagull Park to Ullberg Park.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
* * * * * * * * * * * * *
Mayor Neal referred to Item 22.a., and a motion was made, seconded and passed to open the
public hearing on the following amendment to the Platting Ordinance:
22.a. Public Hearing to consider an ordinance amending Ordinance 4168, The Platting Ordinance
of the City of Corpus Christi, by redesignating Section III.B.1.d as Section III.B.1.e and by
adding a new Section III.B.1.d regarding submission of electronic data for final plats for
incorporation in the City's Geographic Information System; providing for penalties.
Director of Development Services Barbara Holly reported the city had been converting its
digital map and development data over the past two years to be compatible with the mainstream
software packages used within the development community. Ms. Holly said the proposed
amendment to the Platting Ordinance would require developers to submit their plats and construction
drawings in an electronic format so they could seamlessly be integrated into the city's Geographic
Information System (GIS). At the project's inception, Ms. Holly said staff had asked developers to
submit their data in ESRI GeoDatabase or ESRI Shape formats, but the developers had balked
because they felt these formats were too expensive. The development community primarily
prepared its plats in Autocad format, so this format was incorporated into the proposed amendment.
Ms. Holly stated staff had obtained the overall concurrence of the development community,
although Urban Engineering was unsure about allowing exceptions for small companies that still
hand draw their plats. Nonetheless, she said Urban Engineering had provided a letter of support.
The Planning Commission and staff also recommended approval of the proposed amendments.
There were no comments from the public. Ms. Cooper made a motion to close the public
hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes
as follows:
Minutes - Regular Council Meeting
February 22, 2005 - Page 9
22.b. FIRST READING ORDINANCE
Amending Ordinance 4168, the Platting Ordinance of the City of Corpus Christi, by
redesignating Section III.B.I.d as Section III.B.I.e and by adding a new Section III.B.1.d
regarding submission of electronic data for final approved plats for incorporation in the
City's Geographic Information System; providing for penalties.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
22.c. FIRST READING ORDINANCE
Amending Chapter 14, Development Services, Code of Ordinances, City of Corpus Christi,
relating to submission of digital data for the City's Geographic Information System;
providing for penalties.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye"
* * * * * * * * * * * * *
Mayor Neal referred to Item 23, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0105-06, Ike Ornelas: A change of zoning from a `R -IB" One -family Dwelling
District to an "A-2" Apartment House District. The property is in Bass Subdivision, .28 acre
out of Lots I and J, Block 27, .13 acre out of Lot J, Block 27, .30 acre out of Lot J, Block 27,
.13 acre out of the north part of Lot J, Block 27, and .13 acre out of Lots I and J, Block 27,
located south of Sandra Lane and 3,000 feet east of Airline Road.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"A-2" Apartment House District.
No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes
as follows:
Minutes - Regular Council Meeting
February 22, 2005 - Page 10
23. ORDINANCE NO. 026163
Amending the Zoning Ordinance, upon application by Ike Omelas by changing the zoning
map in reference to Bass Subdivision, .28 acre out of Lots I and J, Block 27, .13 acre out of
Lot J, Block 27, .30 acre out of Lot J, Block 27, .13 acre out of the north part of Lot J, Block
27, and .13 acre out of Lots I and J, Block 27, from "R -1B" One -family Dwelling District
to "A-2" Apartment House District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
* * * * * * * * * * * *
*
Mayor Neal referred to the presentation on the day's agenda, a quarterly project update from
the Crime Control and Prevention District (CCD). Ms.Linda Bridges, Chairman of the CCD Board
of Directors, began by providing a budget update. She said the CCD was halfway into its 2004-2005
budget year, and the budget was on target. Expenditures comprised 47 percent of budget, and
revenues had increased by $108,000 or 2.75 percent. The CCD continued to fund 50 police officers
and partially fund the Juvenile Assessment Center. In addition, Chairman Bridges reported the CCD
had purchased five replacement police cars and video surveillance equipment for graffiti eradication.
Chairman Bridges discussed the status of the 2005-2006 budget. She said the budget
preparations were underway, with the first budget meeting held on February 16. The CCD was
continuing to focus on its core programs, namely the funding for 50 police officers and the Juvenile
Assessment Center. She said the CCD's five-year budget projections were healthy, which was
indicative of their continued focus on long-term fiscal responsibility and control.
Chairman Bridges reviewed the 2005-2006 budget calendar as follows: April 20 - CCD
public hearing on proposed budget at 6:00 p.m.; May 4 - CCD budget will be adopted; May 10 -
CCD budget submitted to the Council; June 7 - City Council public hearing on CCD's adopted
budget; and June 21 - City Council accepts or rejects the CCD budget.
Chairman Bridges introduced Police Commander Bryan Smith to provide project updates
on the following programs: Directed Patrol Program, Bicycle Patrol Program, Walking Motors
Patrol Program, Campus Crime Stoppers Program, and the Juvenile Assessment Center.
Regarding the Directed Patrol Program, Commander Smith stated they were involved in a
variety of enforcement areas, such as board -ups, graffiti, arrests, clean-ups, Corpus Christi Police
Athletic League (CC -PAL), Neighborhood Initiative Program (NIP), Hotspot program, and the
Wishes & Dreams program. As Chairman Bridges had previously mentioned, the CCD had
purchased video surveillance equipment for graffiti eradication, and he reported the Directed Patrol
Officers (DPOs) had already caught their first graffiti offender using this equipment. Commander
Smith also highlighted the DPO's involvement in board -ups, saying 70 structures were boarded up
on an emergency basis in 2004. He said 345 sheets of plywood were used, 13 structures were
Minutes - Regular Council Meeting
February 22, 2005 - Page 11
demolished, and 51 properties were cleaned. Commander Smith displayed a list of major board -up
locations, and he mentioned two gang and/or meth houses that were closed down in the process.
With regard to the Bicycle Patrol Program, Commander Smith said their mission focus was
to combat street crime, primarily by addressing neighborhood drug/alcohol problems, prostitution,
and other "quality of life" issues. The Bicycle Patrol Program was responsible for 1,074 arrests in
2004, including the shut -down of the 500 block of Mexico, an entire neighborhood involved in drug
dealing. They were also active in all five NIP areas.
Commander Smith reported on the progress of the Walking Motors Patrol. He said their
mission focus was to combat street crime, drug, and alcohol problems in the downtown and uptown
areas, seawall, and adjacent parks. He described a project in which they enrolled 170 area
businesses in a Criminal Trespass program targeting 20 of the downtown area's worst offenders.
Through the program, police could arrest these offenders on sight if they stepped on one of the 170
properties. In addition, the Walking Motors Patrol had also created a Homeless Referral Card for
distribution to homeless individuals that listed available resources. Finally, he said the patrol was
instrumental in breaking the Wilcox multiple homicide case in March 2004.
With regard to the Campus Crime Stoppers Program, Commander Smith said their mission
focus was to extend the Crime Stoppers program to area schools by offering rewards for tips leading
to the confiscation of drugs and weapons, and the arrest of offenders. He reported seven schools
were added to the program in 2004. The program generated 171 cases (including the confiscation
of 19 knives from local schools) and awarded $10,934. He said this equaled a 53 percent increase
in cases and a 94 percent increase in rewards. Finally, he stated Sgt. Mike Alanis was named the
2004 Texas State Crime Stoppers Coordinator of the Year.
Commander Smith reported on the progress of the Juvenile Assessment Center (JAC).
Their mission focus was to provide intervention services for early, pre -delinquent offenders. The
JAC provided case management services and worked closely with area schools and law enforcement
to prevent further delinquency. In 2004, the JAC returned 928 children to school, totaling 56,036
Average Daily Attendance (ADA) eligible days, which saved school districts over $1,681,000. He
said 85 percent of the youth receiving JAC services committed no additional offenses, and 93
percent committed no delinquent offenses. Of the 1,338 intakes in 2004, he said there were only 66
repeat offenders (5.7 percent), a remarkably low recidivism rate.
Commander Smith covered the JAC's plans for 2005. First, he said they planned to work
with the city on a WiFi initiative to bring technology to case managers in the field. Second, they
would strive to share information and streamline the data flow with other agencies and schools.
Third, they would continue to provide research -based, data -driven, and outcome -focused juvenile
programming.
Commander Smith concluded that one of the stated goals of the JAC was to decrease the
incidence of criminal offenses associated with young offenders. He was pleased to report a 72
percent reduction in juvenile crime since 1996, and he felt this was due in large part to the efforts
of the JAC.
Mr. Garrett asked if the elimination of the pawn shop detail due to budget constraints had
Minutes - Regular Council Meeting
February 22, 2005 - Page 12
hurt the police department's crime prevention efforts. Police Chief Pete Alvarez replied
affirmatively, saying he has been contacted by area sheriffs asking for the reinstatement of the pawn
shop detail. He reported he had also asked the Crime Control District Board of Directors to consider
reinstating the pawn shop detail. The detail was comprised of two individuals for a cost of $80,000
but the return was tremendous, leading to the recovery of approximately $1,000,000 in stolen
property.
Mr. Garrett asked if the police department had a policy in place requiring the use of video
cameras installed in police vehicles during all violation stops. Chief Alvarez replied affirmatively.
Mr. Scott thanked the police department for their enhanced efforts to combat graffiti in the
city. He asked for more information on the Hotspot program, and asked other questions related to
the 2.37 percent increase in CCD revenues.
Ms. Cooper asked for more information on the criteria for boarding -up houses and on the
Criminal Trespass list.
Mr. Kelly asked if the police had noticed a decrease in the adult crime rate, presumably as
a result of the JAC's early intervention services to pre -delinquent youths. Commander Smith
answered this was unclear, saying an extensive study would be required to see if there was link
between the adult crime rate and the JAC's services. He said it may be worth investigating in the
future. Mr. Kelly complimented Chief Alvarez on the professionalism of Officer M.P. Jimenez, who
assisted his family with the recent vandalism of their home mailbox.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 25 regarding an agreement with BFI/Allied Inc. for
the Push & Pack operations of the J.C. Elliott and Cefe Valenzuela Landfills. City Manager Noe
stated during the Council's last discussion regarding the landfill operations, the Council authorized
staff to act on the assumption that the city would maintain ownership of the Cefe Valenzuela landfill,
but would privatize the basic on-site services, also known as Push & Pack operations, through the
Request for Proposal (RFP) process. City Manager Noe stated staffs recommendation was to award
the contract to BFI, and he asked Assistant City Manager Ron Massey to discuss the terms of the
agreement.
Assistant City Manager Massey briefly reviewed the landfill Request for Proposal (RFP)
process to date. He said the RFP was actually issued in September 2002. The preliminary
negotiations were drawn out because the city was looking at 27 different financing scenarios, which
complicated the process. In March 2004, the city decided to proceed with the development of the
Cefe Valenzuela landfill rather than expanding the J.C. Elliott landfill. The Council authorized staff
to finalize the negotiations with BFI in August 2004. He said final negotiations have been underway
between August 2004 and February 2005.
Mr. Massey briefly covered the solid waste department's FY 2004-2005 operating budget.
He said total solid waste services revenues were $21,351,458 and total expenditures were
$15,094,237, with a net gain of $6,257,221.
Minutes - Regular Council Meeting
February 22, 2005 - Page 13
Mr. Massey provided a comparison of the current fiscal year landfill expenditures to the
estimated landfill expenditures if BFI had commenced operating the landfill on August 1, 2004
(beginning of the city's fiscal year). Staff estimated current FY landfill expenditures would total
$4,862,530, and the BFI projected expenditures totaled $4,342,988, a savings of approximately
$500,000. Mr. Massey said most of the savings came from reduced operational costs and the
elimination of the equipment lease purchase expense.
Mr. Massey discussed the details of the city's proposed agreement with BFI. The agreement
was a public/private partnership with a 20 -year term and one 20 -year renewal option. The city
would pay $6.92 per ton of trash that BFI buried. The agreement also provided for a maximum 75 -
day transition period to allow the city to phase out their operations. In addition, he said BFI had
signed the first Put or Pay contract for the Cefe Valenzuela landfill, effective upon its opening.
Mr. Massey reviewed the default provision in the agreement which was designed to ensure
BFI's compliance with the Texas Commission on Environmental Quality (TCEQ) standards, the state
regulatory body that oversees landfill operations. If there were any problems with the landfill that
were not being resolved promptly, the city could opt to address the problems themselves and then
charge BFI. The city could also opt to simply terminate BFI, and either reissue an RFP or assume
the landfill operations themselves.
Mr. Massey covered the aspects of the landfill operations that remained under city control
as follows: setting of disposal rates; operation of front gate/scalehouse; fee collection; waste
screening staff; scale house staff; contract administration staff; closure costs for the J.C. Elliott
landfill; and development costs for the Cefe Valenzuela landfill. The city would also retain
ownership of the landfill.
Mr. Massey discussed the effect the BFI agreement would have on existing city landfill
employees. He said there were 30 total budgeted full-time equivalents (FTEs) at the landfill. Of
these 30 positions, 21 positions were currently filled. Mr. Massey stated seven of the 21 positions
would be retained for administration, leaving 14 currently filled positions that would be eliminated.
He said these 14 employees would be offered a lateral position with the city in the streets or solid
waste departments, or an employment offer from BFI. The employment offer from BFI would
include a comparable benefits package. He said the remaining nine vacant positions would be
eliminated by attrition.
Mr. Massey covered the contract's tonnage rate requirements. One of the key provisions in
the contract was that BFI would guarantee an annual minimum of 400,000 tons at a rate of $6.92 a
ton. The agreement also allowed for a daily rate of 1,300 to 1,700 tons per day (TPD) at the $6.92
rate. Any short-term volumes in excess of 1,700 TPD up to 2,200 TPD would be charged at a rate
of $9.92. Any volumes over 2,200 TPD would be charged at a rate of $10.92 per ton. He noted,
however, if the city anticipated short-term volumes in excess of 1,700 TPD, then there was a
provision in the contract for no rate increase with 30 -day advanced notice to BFI (with a one-year
guarantee of new volume).
Mr. Massey reported there were two exceptions to the contract's tonnage rate requirements.
First, the contract exempted unusual volumes of tonnage resulting from hurricanes and other
specified emergencies. Second, there was a provision allowing for reduced annual minimum
Minutes - Regular Council Meeting
February 22, 2005 - Page 14
tonnage if the city were to adopt mandatory recycling standards.
Mr. Massey discussed the aspects of the landfill operations to be controlled by BFI.
Primarily, he said BFI was charged with providing the equipment and labor to bury waste and
maintain the landfill. They would also conduct quarterly brush grinding, maintain city sponsored
events (e.g. Cash for Trash), and comply with TCEQ rules and regulatory requirements. In addition,
BFt had also agreed to the following contract provisions: to provide a new administration trailer;
to adhere to a new 20 -year put -or -pay contract (150,000 tons); to waive fee on up to 2,000 tons
annually; to provide an alternative disposal site if necessary; to hold a performance bond; and to
adhere to city insurance requirements.
Mr. Massey stated BFI had agreed to purchase three pieces of equipment, some of which was
under a lease purchase agreement, as follows: a DR8 Caterpillar - $360,000; a 938 G Caterpillar -
$55,000; and an IT 24 F Caterpillar - $39,000. He said BFI would provide a landfill equipment rate
schedule for work outside the scope of this contract.
In conclusion, Mr. Massey said staffs recommendation was to authorize the City Manager
to execute the new Push & Pack agreement with BFI which includes the sale of city landfill
equipment, and to execute a new Put or Pay contract with BFI for the Cefe Valenzuela landfill.
Mr. Garrett asked for more information on the default provision in the contract. Solid Waste
Services Director Jeff Kaplan explained that occasionally, a key component of the landfill system
may fail. If BFI was responsible for the failure, then the default provision required them to remedy
the situation within 24 hours to prevent a garbage crisis, or else be subject to a number of sanctions,
including termination of contract.
In response to Mr. Scott's question, Mr. Massey stated the previous pro formas staff had
presented in the summer did not include the 150,000 ton guarantee for any entity except the city.
He said any guaranteed tonnage the city was able to secure would moderate any future tipping rate
increases. Mr. Scott asked staff to recalculate the pro formas to include the 150,000 ton guarantee
and provide a report to the Council. City Manager Noe answered affirmatively, saying staff would
also add a firm figure for the cost of operating the landfill. Mr. Scott spoke in favor of privatizing
the landfill operations to the report. Mr. Massey replied the city's re-engineering effort examined
the city's utility services and determined which services might be better provided by the private
sector at that time. Mr. Scott and Mr. Noyola asked how likely it would be that the city would
exceed the 1,700 tons per day limit for a long-term period. Mr. Noe replied it was unlikely because
the city had not historically met these numbers.
Mr. Noyola asked when BFI would take over the landfill operations. Mr. Massey replied
BFI would take over the landfill operations within 75 days. Mr. Noyola asked for assurances that
city landfill employees would be guaranteed a job either with the city or with BFI. Mr. Massey
answered affirmatively. Mr. Noyola stated ordinarily he did not believe in privatizing city services,
but this agreement seemed to offer substantial savings to the city.
In response to Mr. Kelly's question, City Manager Noe replied the tonnage amount was what
drove the economics of the landfill for the end customer. Thus, the value of the contract was not
simply the lower cost to bury the garbage, but the additional 150,000 ton guarantee for 20 years,
Minutes - Regular Council Meeting
February 22, 2005 - Page 15
which allowed the city to mitigate any potential increases in landfill charges.
Mr. Kinnison asked if there were any escalation clauses related to the $6.92 cost per ton and
other costs. First Assistant City Attorney Jay Reining replied there was an annual fee adjustment
based on the Consumer Price Index (CPI), and then volume -based adjustments that would be
periodically renegotiated. In addition, Mr. Reining said landfill operations were a highly regulated
area, and if the TCEQ dramatically changed the rules, resulting in a change in landfill operations,
the city would renegotiate based upon the additional costs or savings that may be imposed by the
regulatory burden.
In response to Mr. Kinnison's question, Mr. Massey said the put -or -pay contract being
offered to BFI was a standard contract that would be available to any hauler.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
25. MOTION NO. 2005-070
Motion authorizing the City Manager or his designee to execute an agreement with
BFI/Allied, Inc. for the operation of Landfills at J. C. Elliott Landfill and Cefe Valenzuela
Landfill, including the authorization of the sale of City equipment to BFI/Allied, Inc. and
to execute a Put/Pay contract for the guaranteed delivery of 150,000 tons of waste per annum
to the Cefe Valenzuela Landfill when it opens.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
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Mayor Neal called for a brief recess to present proclamations.
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The Council returned from recess. Mayor Neal called for petitions from the audience. Ms.
Tammy Bain, Ms. Becky Garcia, and Ms. Maurcie Morin of the 2004-2005 Junior League
Provisional Class invited the Council to attend a ribbon -cutting ceremony this Saturday at 11:00 a.m.
for "The Courtyard" at Driscoll Children's Hospital.
Mr. Lenard Smith, 8033 Corinth Drive, asked if the City of Corpus Christi had any long-term
financial plans, and why the Council meetings were held in the morning rather than the evening.
Ms. Cruz Colomo spoke regarding her conflict with Mr. Jack Gordy over public access
Channel 10 issues, and also spoke against the Council's action last week to reject the public access
ordinance on its second reading. Mr. Chesney stated he also disagreed with the Council's decision
to reject the public access ordinance on its second reading. He said he would like to place the issue
back on the agenda to allow for more public discussion, but he did not have the necessary votes.
Minutes - Regular Council Meeting
February 22, 2005 - Page 16
Ms. Elizabeth Vohtman thanked the Council for passing the smoking prohibition ordinance,
and she also asked the city to better advertise the location of the animal control facility.
Ms. Cathy Riojas, 7730 Fox Drive, spoke in support of her mother, Ms. Cruz Colomo, and
she asked the city to intervene in the conflict between Ms. Colomo and Mr. Gordy if possible.
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Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
26. Executive session under Texas Government Code Section 551.074 for deliberations
regarding the evaluation of the City Secretary, with possible discussion and action related
thereto in open session.
27. Executive session under Texas Government Code Section 551.071 regarding Cause No. 04-
06556-A, City of Corpus Christi, Texas vs. Air Liquide America, L.P., et al, in the District
Court of Nueces County, Texas, 28th Judicial District, with possible discussion and action
related thereto in open session
28. Executive session under Texas Government Code Section 551.071 regarding In re: Tomas
Duran, Debtor, Bankruptcy No. 04-21514-C-7, including all related Adversary Proceedings
and removed state court action pending as Adversary No. 04-2143-C, City of Corpus Christi
v. Entrust, Inc., Tomas Duran, and Duran Insurance Brokerage (formerly Cause No. 04-
3928-G, City of Corpus Christi, v. Entrust, Inc., et al, In the 319th Judicial District Court of
Nueces County, Texas), and also regarding Cause No. C-04-500, Tomas Duran v. City of
Corpus Christi, David Garcia, Donna James, Lee Dumbauld, George Noe, Keith McNeely
and McGriff, Seibels, and Williams, Inc., in the United States District Court for the Southern
District of Texas, Corpus Christi Division, with possible discussion and action related
thereto in open session.
The Council went into executive session.
The Council returned from executive session. Regarding Item 26, the annual evaluation of
City Secretary Armando Chapa, Mayor Neal reported the evaluations were consistently excellent.
He said the Council made very favorable comments about Mr. Chapa and his staff's performance.
Mayor Neal said at this point, the Council was deferring a decision on any additional compensation
for Mr. Chapa until the budget discussions were underway. Once the Council had a clearer picture
of the budget, then they would reopen the discussion with Mr. Chapa, including the possibility of
adjustments to his other benefits.
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Mayor Neal called for the City Manager's report. City Manager Noe reported staff was
working on expanding the hours at the animal care facility in an effort to increase adoptions. Staff
had issued a press release and was also working on a public information campaign. The hours were
being expanded on Tuesdays and Thursdays until 7:00 p.m., and on Saturdays from 11:00 a.m. to
3:00 p.m.
Minutes - Regular Council Meeting
February 22, 2005 - Page 17
Mr. Noe also stated the city was increasing their efforts to curb illegal utility connections.
With regard to the Neighborhood Initiative Program (NIP), he said the work on Area #9 was
concluding with a tree planting ceremony at 1:00 p.m. at Crockett Elementary School. He
announced the Beautify Corpus Christi Association received a grant of 500 five- gallon trees, and
they were asking for volunteers to help plant those trees at houses throughout the NIP area this
Saturday.
Mr. Noe reminded the Council that they would be meeting on March 8 rather than March 15
because of Spring Break. The March 8 meeting would include an item to refinance the bonds
utilized to construct elements of the Mary Rhodes Pipeline for a substantial savings, per the city's
discussions with the Nueces River Authority and the Lavaca Navidad River Authority .
Mayor Neal stated he and Mr. Chesney attended the unveiling of the NIP sign in the Chula
Vista and Cunningham area. He thanked Mr. and Mrs. Soliz for their leadership in that
neighborhood, and he also thanked City Manager Noe, Ms. Yvonne Haag, and staff for their efforts.
Mayor Neal referred to a letter from a constituent residing on Oleander Drive who was
having sewer problems. He asked Mr. Noe to investigate.
Mayor Neal reported a Mr. Torres had been meeting with the Council members and others
about recurring speeding problems on Santa Fe Drive. Mr. Torres felt the problems were directly
related to the Alameda Street Hospital Zone. He asked staff to look into the matter once more to see
if there was any way to address the problems on Santa Fe Drive. He suggested extending the same
profile used on the portion of Santa Fe Drive between Robert Drive and Doddridge, which had two
lanes and one turning lane, for the entire length of the street. City Manager Noe said staff would
look into it.
Mayor Neal called for Council concerns and reports. Mr. Scott spoke against the proposed
cuts to the CDBG funding. City Manager Noe stated the current federal budget proposal included
a 50 percent cut of CDBG funding. Mr. Scott asked if the city had a position on the issue. City
Manager Noe stated a number of letters have been sent from the Mayor to the city's representatives
in Washington D.C. denouncing the cuts. The Mayor added both U.S. Senators and our
Congressman, the U.S. Conference of Mayors, and the National League of Cities have taken a strong
position against the cuts. City Manager Noe said the Council could adopt a resolution to this effect.
Mr. Noyola spoke in favor of adopting a strong resolution against the CDBG cuts. He also
asked the city to make badly needed repairs to the West Oso High School tennis courts.
Mr. Chesney asked for an update on the city's plan to augment the police force. City
Manager Noe replied the plan was to train 30 people off the current list. The Police Department and
the Human Resources Department were actively processing individuals now. He and Chief Alvarez
were hopeful that as many as ten of the applicants were already certified under state standards,
which would allow the city to expedite their activation. The remaining 20 individuals would
commence with classes in August 2005. Once this training was complete, the plan was to compile
a new list of applicants, and hold a class for 20 individuals in March 2006. He said the goal was to
be fully staffed in January 2007. Mr. Chesney asked why the city couldn't hold an academy this
Minutes - Regular Council Meeting
February 22, 2005 - Page 18
year. City Manager Noe replied the city couldn't hold an academy this year due to lack of funds.
Mr. Chesney also spoke in support of the Neighborhood Initiative Program (NIP). He
thanked Ms. Yvonne Haag, NIP Coordinator, but also asked Mr. Noe to recognize the other
members of the NIP staff who contributed to the effort. He asked for a presentation item on the NIP
program to introduce staff and discuss the results.
Mr. Chesney provided an update on the city/county consolidation effort he was spearheading.
He reported he had made attempts to call every member of the Commissioners Court at least two
times, but had received no response. He said City Secretary Chapa sent a letter extending an
invitation to the Commissioners Court to discuss the matter. Mr. Chesney said he also sent a letter
to the County Judge and County Commissioners. Finally, he said he would send one more letter to
the County Judge requesting a response. Mr. Chesney stated he would make a final effort to call a
Consolidation Committee meeting, inviting the County Commissioners. Mr. Noyola replied he
would call a few County Commissioners, but only two commissioners could attend the meeting due
to quorum requirements. Mr. Chesney suggested that only two commissioners and Assistant to the
County Judge Tyner Little attend because it would not constitute a quorum. He thanked the Council
for their indulgence in this matter.
Mr. Colmenero spoke regarding the NIP program, asking for cumulative totals on the results
in the nine NIP areas. He also commented about the proposed 2005-2006 federal budget. He noted
there were proposed cutbacks to the CDBG program, but there was also a potential $1 billion
increase in housing affecting the homeless population. He said the city may be able to compensate
for the loss of CDBG funds with these additional funds. He said he would forward this information
to City Manager Noe.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 1:13 p.m. on February 22, 2005.
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