Loading...
HomeMy WebLinkAboutMinutes City Council - 11/29/1988PRESENT Mayor Betty Turner Mayor Pro Tem Leo Guerrero Hall. Council Members: David Berlanga, Sr. * Clif Moss Bill Pruet Mary Rhodes Frank Schwing * Mary Pat Slavik Linda Strong * MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 29, 1988 2:00 p.m. City Manager Juan Garza Assistant City Attorney Jimmy Bray City Secretary Armando Chapa Mayor Turner called the meeting to order in the Council Chambers of City The invocation was delivered by Pastor William Schuster of Mt. Olive Lutheran Church following which the Pledge of Allegiance was led by Council Member Clif Moss. 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. City Secretary Chapa informed the Council that the Minutes of the Regular Council Meeting of November 22, 1988 had not been sent to the Council due to the Thanksgiving holiday and will be provided this week. Mayor Turner recognized representatives of the Harbor Lights Festival and invited Saturday, December 3rd. The with T-shirts and invited the at the Sheraton -Marina Inn. Ms. Cathy Harrison and Ms. Maureen Mahoney, Lights 1988 Committee, who commented on the Harbor the Council to participate in the Festival on committee members presented the Council Members Council to a fun -raiser on Wednesday, November 30, Mayor Turner administered the Oaths of Office to the following Board and Committee appointees: Sam Poteet, Nick Reyna, Jack Bell, Cathy Harrison, Roy Hinojosa, Berney Seal, Ed Garza, Shirley Pagan, Al Jones, Elmo Jackson, Ricardo Sanchez and Roy Mayo - Corpus Christi Area Convention and Visitors Bureau. * * * * * * * * * * * * * MICROFILMED inutes Regular Council Meeting November 29, 1988 Page 2 Mayor Turner called for consideration of Consent Motions, Resolutions, Ordinances and Ordinances from previous meetings, and Council Members requested that Items 1, 3, 4, 7 and 8 be withheld for discussion. There were no comments from the audience on the other items. City Secretary Chapa polled the Council for their were passed: 2. M88-0249 Motion approving a supply agreement International Inc. based on the low contract will be twelve months with twelve months subject to the approval or his designee. These items will be votes and the following for C-900 PVC Pipe with Industrial bid of $384,720. The term of the option to extend for an additional of the supplier and the City Manager used by the Water Department. The foregoing motion passed by the following vote: Turner, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga, Schwing and Strong absent at the time the vote was taken. 5. M88-0252 Motion consenting for TCI Cablevision to substitute station TNT for KTVT under cable franchise pursuant to Section 625 (a) (1) (B) of the Cable Act of 1984. The foregoing motion passed by the following vote: Turner, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga, Schwing and Strong absent at the time the vote was taken. 6. M88-0253 Motion awarding a contract to Oshkosh Truck Corporation in the amount of $280,574 for the purchase of a new Aircraft Rescue Firefighting Vehicle for Corpus Christi International Airport. The foregoing motion passed by the following vote: Turner, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga, Schwing and Strong absent at the time the vote was taken. 9. FIRST READING AUTHORIZING THE EXECUTION OF A USE PRIVILEGE AGREEMENT WITH E. R. SCHENDEL AS COURT-APPOINTED GUARDIAN FOR THE ESTATE OF ANNA McCAMPBELL FORE, OWNER OF LOT 5A, BLOCK 11, BEACH PORTION, TO ALLOW THE INSTALLATION OF AN OVERHEAD BUILDING AWNING ABOVE THE PUBLIC RIGHT-OF-WAY OF PEOPLES STREET. 1 .9inutes Regular Council Meeting November 29, 1988 Page 3 The foregoing Ordinance was passed on first reading by the following vote: Turner, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga, Schwing and Strong absent at the time the vote was taken. 10. SECOND READING AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, SECTION 2-67, LIMITATIONS ON APPOINTMENTS, SO AS TO ADOPT A PROHIBITION AGAINST ANY ADVISORY, NON-VOTING MEMBER FROM A BOARD OR COMMISSION FROM SERVING AS AN ELECTED OR APPOINTED OFFICER ON THE BOARD OR COMMISSION TO WHICH SUCH PERSON HAS BEEN APPOINTED; AND PROVIDING FOR SEVERANCE. The foregoing Ordinance was passed on second reading by the following vote: Turner, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga, Schwing and Strong absent at the time the vote was taken. 11. ORDINANCE NO. 20534 AMENDING THE CAPITAL IMPROVEMENT FUND APPROPRIATION FROM $76,344,529 TO $76,847,578 TO PROVIDE FOR CHANGES IN THE PROGRAM SCOPE ORIGINALLY ANTICIPATED, AND TO ALLOW FOR RESERVE APPROPRIATIONS WITHIN VARIOUS BOND ACCOUNTS. The foregoing Ordinance was passed on third reading by the following vote: Turner, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga, Schwing and Strong absent at the time the vote was taken. 12. ORDINANCE NO. 20535 AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE NAVY FOR THE USE OF APPROXIMATELY 28.3 ACRES OF FEDERAL PROPERTY FOR CONDUCTING YOUTH SPORTS PROGRAMS; AND AUTHORIZING A LICENSE AGREEMENT BETWEEN THE CITY AND THE OSO YOUTH SOCCER LEAGUE FOR THE USE OF SAID FEDERAL PROPERTY. The foregoing Ordinance was passed on third reading by the following vote: Turner, Guerrero, Moss, Pruet, Rhodes and Slavik voting, "Aye"; Berlanga, Schwing and Strong absent at the time the vote was taken. * * * * * * * * * * * * * In reference to Item No. 1 relative to Approving a Supply Agreement for Miscellaneous Traffic Markers, Council Member Moss inquired about the length of time for approval of this item, and City Manager Garza responded by stating that staff decided on the best bid recommendation for the 3M Company and took time to debate the matter. Mr. Garza indicated that when the City buys on a best bid basis, they thoroughly check it out. Minutes Regular Council Meeting November 29, 1988 Page 4 In reference to Item No. 3 pertaining to Approving a Supply Agreement for Custodial Services, Council Member Slavik inquired about the employees who will do the daytime porter services, and City Manager Garza replied that the two City employees are Leonard Cisneros and Joe Charles. He indicated that City employees are not being replaced, noting that before the move to the new City Hall, there was more of a demand on maintenance services because the various departments had their own custodians. Mr. Garza stated that due to the consolidation, the requests for services has decreased. * Council Member Strong arrived at the meeting at 2:15 p.m. In reference to Item No. 4 relative to the Utility Crossings - Corpus Christi Ship Channel, Council Member Rhodes indicated that previously there were discussions on this issue and extensive studies done by the same engineering company. Assistant City Manager Jesus Garza and Carl Crull, Acting Engineering Services Director, indicated that the studies referred to by Mrs. Rhodes dealt with Avery Point, indicating that these address the lines at the mouth of the harbor. Mr. Garza explained the recommendation for approval of the contract with Goldston Engineering, noting that the City was mandated to lower these lines by the Corps of Engineers; and through negotiations, it was agreed that the City will not be required to lower these utilities if the lines are below elevation -55.0 feet M.S.L. Mr. Garza indicated that the Corps of Engineers requested that the elevations be verified. Council Member Slavik inquired if competitive bids were taken on this item, and City Manager Garza responded by stating that this is for engineering services, and the City is prohibited by law from taking competitive bids for professional services. Assistant City Manager Jesus Garza noted that because of the timeliness of this matter, the City requested a proposal from the firm who did the original work and negotiated a contract with them off that proposal. * Council Member Berlanga arrived at 2:35 p.m. In reference to Item No. 7 pertaining to the McKenzie Road Extension - Parcel 1, Council Member Moss inquired about the value of this property on the tax rolls, and City Manager Garza responded by stating that the appraisal value of the property is $261.00. Mr. Garza indicated that the owner paid $5.00 in taxes last year, and Council Member Moss directed him to bring that to the attention of Mr. George Moff with the Appraisal District. In reference to Item No. 8 relative to the Audit of Franchise Fees, Council Member Berlanga inquired about the purpose for the investigation, and City Manager Garza replied that this matter has been discussed by staff for several years; it has never been done by the City; and it is good business practice to perform an audit every couple of years. Inutes Regular Council Meeting November 29, 1988 Page 5 Council Member Slavik expressed the opinion that the audit is an excellent idea and inquired about the Houston firm, and City Manager Garza stated that inquires were received by the City and a request for proposals was sent out. He noted that the intent was to obtain a qualified auditing service willing to work on a contingency fee basis. Mr. Garza noted that the audit will begin two to three weeks after approval by the Council and the time frame will be ninety days. In answer to a question from Mayor Turner, Assistant City Manager Andrews indicated that the franchises to be audited are the electric, telephone and cablevision franchises and will also include a sample of ten of the hotel/motel tax audits. Mrs. Andrews indicated that Municipal Administrative Services, Inc. is proficient in performing this type of work, noting that similar audits have been performed by M.A.S. for various other cities and in most cases, there have been funds recovered. Mr. Lupe Silva, a certified public accountant in Corpus Christi, expressed concern that local firms were not involved and inquired if this was advertised. Mr. Silva also expressed concern that there should have been procedures worked into the system to avoid any overpayment. Mayor Turner encouraged Mr. Silva to place his resume on file with the City and meet with someone in the City's Financial Department. Assistant City Manager Andrews noted that the City's Financial Department's policy is to advertise in the newspaper, as well as to submit RFP's to anyone who expresses interest. She noted that this was advertised in the newspaper in August, indicating that Mr. Silva has responded before to RFP's from the City. Mrs. Andrews pointed out that relative to CPA's, contingency fees are part of their code of ethics and on some contracts, they might not be able to bid on a contingency basis. City Secretary Chapa polled the Council for their votes and the following were passed: 1. M88-0248 Motion approving supply agreement for miscellaneous traffic markers with the following companies based on low bid, best bid, and only bid. The term of these 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 Traffic Engineering Division. Potters Industries Glass Spheres (Group 1) low bid $16,994.81 Southwestern Materials Reflectorized Pavement Markers (Group 2) low bid 30,657.50 Minutes Regular Council Meeting November 29, 1988 Page 6 3M Company Reflective Pavement Markings (Group 3) best bid 46,774.00 Trantex, Transportation Products of Texas, Inc. Pavement Marker Epoxy (Group 4) only bid 5,687.50 TOTAL: $100,113.81 The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Schwing absent at the time the vote was taken. 3. M88-0250 Motion approving a supply agreement for custodial services for City Hall with Corpus Christi Janitorial Services based on the low bid of $49,080. The term of the contract will be twelve months, with option to extend for up to two additional twelve month period, subject to the approval of the supplier and the City Manager or his designee. This contract will be administered through the Building Maintenance Division. The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Schwing absent at the time the vote was taken. 4. M88-0251 Motion approving a contract for surveying services with Goldston Engineering, Inc. for an amount not to exceed $271,360 to determine the location and elevation of the City's utility lines which extend under the Corpus Christi Ship Channel near the Harbor Bridge. The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Schwing absent at the time the vote was taken. 7. RESOLUTION NO. 20533 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 1 FOR THE McKENZIE ROAD EXTENSION PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNER, A. M. EWING. The foregoing Resolution passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Schwing absent at the time the vote was taken. inutes Regular Council Meeting November 29, 1988 Page 7 8. M88-0254 Motion authorizing the execution of an agreement with the Municipal Administrative Services, Inc. (M.A.S.) to perform an audit of the City's Major Franchise Payments for the six-year period FY 1982-83 through 1987-88; authorizing payment equal to 50% of amounts recovered as a result of the audit less litigation costs and attorney fees; providing for a sample audit of the Hotel/Motel Occupancy Tax Receipts and authorizing the City Manager to expand the scope of services to a complete audit of all occupancy tax receipts. The foregoing motion passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye"; Schwing absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 13 relative to the $16,000,000 Bond Sale. She stated that the improvements to the T -head and the seawall will be made as approved by the voters, noting that the bulkheading will be repaired with the bond money. * Council Member Schwing arrived at 2:40 p.m. Council Member Moss inquired about the cost to issue the bonds other than the interest, and City Manager Garza indicated it will be approximately less than 1 percent of the issue, noting that the Council will be provided a fee schedule. Council Member Slavik inquired if the City will send out RFP's to dealers for the bond sale, and City Manager Garza indicated that the City will bid the sale; it will be advertised nationally; and it will be managed by one major underwriter. Mr. Garza noted that it is not a negotiated sale. Assistant City Manager Andrews noted that the City's financial advisor, Mr. Jim Seal, will get in touch with those major holders or banking houses who will be able to create syndicates to buy the City's bonds. Mrs. Andrews noted that the bonds will be on the street the date that they are issued (January 17, 1989) and the City will receive the funds about thirty days later. Mayor Turner requested a brief report on the seawall, and Acting Engineering Services Director, Carl Crull, stated that the plans for the seawall and T -head repairs are in the engineering office for final review, noting that the engineering work is 99 percent complete. Mr. Crull stated that the City will advertise for bids after the bonds are sold and award the contract after the money is available. City Secretary Chapa polled the Council for their votes and the following motion was passed: 1 Minutes Regular Council Meeting November 29, 1988 Page 8 13. M88-0255 Motion authorizing bids to be received until 11:30 a.m., Tuesday, January 17, 1989, for the sale of $16,000,000 of General Improvement bonds with the sale to be acted on at the Regular Council Meeting at 2:00 p.m. on the same date. The foregoing motion was passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 14 pertaining to the Municipal Arts Committee Recommendation for Subgrant Funding to Various Arts Organizations. Assistant City Manager Hennings stated that the Municipal Arts Advisory Committee's recommendation for funding arts organizations was based on recommendations made by the Projects Subcommitee after a review by a seven - member Peer Panel. He noted that the Peer Panel is an Ad Hoc Committee which is made up of representatives of various arts disciplines frequently requesting funding. Mr. Hennings stated that the Municipal Arts Advisory Committee, through its arts subgrant guidelines, provides all applicants with technical assistance in making their application. He noted that the guidelines define the required criteria necessary for a successful application and also provides an organization an opportunity for appealing the Advisory Committee's recommendation to the Council. Mr. Hennings stated that this year three organizations wish to appeal for reconsideration, noting they are The Czech Heritage Society, The Cathedral Concert Series and The Galeria Chaparral. Mr. Hennings continued by stating that since the $20,030 for the Corpus Christi Arts Council exceeds $10,000, the contract for the Arts Council requires City Council approval. He noted that there is $130,000 budgeted and the proposed allocation plan would use the entire amount. Mr. Hennings stated that the committee recommends reserving $4,829 in a Special Opportunity Fund for contingencies which might arise during the year. Council Member Schwing inquired about the unpaid debt by the Arts Council for the Bayfest T-shirts, and Mr. Hennings noted that the payment for the T-shirts is still pending. Mr. Hennings stated that the proposed contract will cover expenses for the program year beginning December 1 and would not contemplate paying off old debts. Mr. Schwing suggested not funding the Arts Council until they have taken care of their old obligations. Ms. Mary Isham, Executive Director of the Arts Council, stated that there is enough money in the Arts Council's checking account to cover most of the outstanding debt, but without the $20,000 allocation, there would be no funds left and the Arts Council could not survive. She stated that the net loss of funding due to the cancellation of Bayfest was about $12,000. Ms. Isham stated that the Arts Council is in the midst of a short-term and long-term plan to correct their financial situation. 1 Minutes Regular Council Meeting November 29, 1988 Page 9 Council Member Strong spoke in support of the Arts Council, noting that it is the oldest Arts Council in the state; they have had some extenuating circumstances this year; and are in desperate need of the grant for next year. Mrs. Strong stated that something could be worked out, indicating that she would like to see the money set aside on a contingency that on December 1, they could write their check and pay off their debts and be allowed their subgrants for the year. A motion was made by Council Member Schwing to amend the Resolution and approve the funding for the Arts Council pending proof of payment of their outstanding debt. The motion was seconded by Mayor Pro Tem Guerrero and passed; Strong voting "No." Mayor Turner referred to The Czech Heritage Society's appeal for reconsideration of their request, noting that they are an excellent organization and their request was denied because it was considered to be of a recreational nature. Mayor Pro Tem Guerrero expressed concern about funding 26 organizations and leaving two organizations out, indicating that the City should fund the Czech Heritage Society with seed money. He inquired about their request, and Assistant City Manager Hennings noted that the Society modified their request to $2,600 instead of $4,000. A motion was made by Mayor Pro Tem Guerrero to take Opportunity Fund for the Czech Heritage Society. The Council Member Pruet. Council Member Rhodes expressed concern regarding matter, noting that the Municipal Arts Commission has a of how they determine who will be awarded the funding. $2,600 from the Special motion was seconded by the principle of this very exacting procedure Ms. Aurora Williams, Chairman of the Projects Subcommitee, noted that the reason the Czech Heritage Society's grant was declined was because of the wording in the application which did not fit into the guidelines as their grant was written. The above motion passed by the following vote: Turner, Berlanga, Guerrero, Pruet, Schwing and Slavik voting, "Aye"; Moss, Rhodes and Strong voting, "No." Mr. Jose Garza, Director of The Galeria Chaparral, spoke on behalf of the Galeria. He briefly explained the reason for the denial of their recommendation, noting that it was because of an internal board problem within the organization. Mr. Garza indicated that the problem has since been cleared up and requested reconsideration of their proposal. Mr. Garza noted that the organization has been in operation for three years and last year received funding of $6,000 with anticipation of the same funding for this year. Mr. Roland Gaona, a representative of the Municipal Arts Commission, indicated that a recommendation was made to request the Projects Committee to grant the Galeria $2,000, and Ms. Williams, a member of the subgrant committee, noted that the committee will meet on December 1 to review the application. Minutes Regular Council Meeting November 29, 1988 Page 10 A motion was made by Mayor Pro Tem Guerrero to set aside $2,000 from the Special Opportunity Fund to be used in conjunction with this request for the Galeria Chaparral. The motion was seconded by Council Member Strong. Discussion followed and Council Member Rhodes indicated that the Galeria has recently moved to a new location which is an asset to the downtown area. She noted that the Keep America Beautiful Program has dissolved and there is some funding left over in their budget, noting that the Galeria Chaparral could be funded with this money. Mrs. Rhodes made a motion to set aside $4,000 from the Keep America Beautiful fund for the Galeria. The motion was seconded by Mayor Pro Tem Guerrero. The two aforementioned motions passed unanimously. A representative from the The Cathedral Concert Series spoke on their behalf, noting that last year they received funding indirectly from the City. He briefly commented on their projects and funding needs, noting that they feature high-quality concerts at no charge to the citizens. Mayor Pro Tem Guerrero moved that $4,250 be taken out of the Keep America Beautiful fund for the Catherdal Concert Series. The motion was seconded by Council Member Pruet. Assistant City Manager Hennings pointed out that the amounts which the Committee has recommended are not the total amounts of the requests, whereas the appeals which are being requested are at the full amount of the request. The Council and City Manager briefly discussed the topic of the funding in the Keep America Beautiful fund, noting there would be $11,000 remaining in the account, and Council Member Strong noted that it is extremely important that some funds be left in that account because next year the program might again become a functional operation. The above motion passed unanimously. City Secretary Chapa polled the Council for their votes and the following Resolution was passed as amended: 14a. RESOLUTION NO. 20536 APPROVING THE ALLOCATION OF ARTS SUPPORT FUNDS TO 24 ARTS ORGANIZATIONS, THE PERMANENT ART TRUST FUND, AND A SPECIAL OPPORTUNITY FUND. The foregoing Resolution, as amended, was passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." i Minutes Regular Council Meeting November 29, 1988 Page 11 14b. RESOLUTION NO. 20537 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CORPUS CHRISTI ARTS COUNCIL FOR ITS 1989 SERVICE PROGRAM AND ACTIVITIES. The foregoing Resolution, as amended, was passed by the following vote: Turner, Guerrero, Berlanga, Moss, Pruet, Rhodes, Schwing, Slavik and Strong voting, "Aye." * * * * * * * * * * * * * Mayor Turner recognized Mr. Tony Bonilla, Chairperson of the Quincentennial Commission. Mr. Bonilla updated the Council on the Quincentennial Commission, noting that the Commission has expanded. He stated that one of the Commission's goals is to begin positioning Corpus Christi to be recognized as an international City and to obtain recognition from the National Quincentennial group in Washington. Mr. Bonilla requested approval of the following recommendations: 1. that the Bayfront Arts and Sciences Park be renamed the Plaza of the Americas; 2. that Agnes Street be renamed as the Avenue of the Americas; 3. that the Council fill three vacancies on the Commission; and 4. that a $20,000 commitment for seed money be granted to the Commission for operational purposes in increments, with $5,000 to be initially given to the Commission. Mayor Turner stated that the City Manager has indicated that funds are available and referred the matter of $20,000 to be paid out in increments to the staff to make recommendations to the Council and identify the source of those funds. City Secretary Chapa pointed out that each of the Council Members has a certain number of appointees to the Commission, and he will contact those individuals who had appointees who resigned. Mr. Chapa indicated that these names will be provided to Mr. Bonilla before the Commission's first meeting in January. Relative to the renaming of Agnes Street, Mayor Turner noted that it is a good idea as long as the business people do not object to the name change, and after discussion on this issue, it was the consensus of the Council that the Staff work with Mr. Bonilla on the concept for the renaming of Agnes Street. Council Member Rhodes inquired about the proposed contest for renaming the Bayfront Arts and Science Park, and Assistant City Manager Hennings noted that Mr. Eddie Singer initiated the request for the contest and has asked the City that the contest be put on hold. Mr. Hennings indicated that he would bring this issue up at the next Watershore Advisory Committee meeting. Minutes Regular Council Meeting November 29, 1988 Page 12 Discussion followed regarding the renaming of the Park, and the Council expressed interest in Mr. Bonilla's request. It was the consensus of the Council that input be solicited from the public, and Mayor Turner requested that staff advise the Council of the correct procedure to be followed relative to the initial request for the contest. Mayor Turner requested that Mr. Bonilla be kept apprised. Mayor Pro Tem Guerrero provided some background information pertaining to a 1983 issue relative to the renaming of the Bayfront Arts and Science Park and suggested that Mr. Bonilla be provided the Minutes pertaining to that issue. Council Member Berlanga suggested that Mr. Bonilla request a definite recommendation; the Council will consider the recommendations; and take action on them. Mayor Turner reiterated and commented on Mr. Bonilla's requests. She stated that the Council OK'd the seed money and staff will identify the source of funding; she noted that the vacancies will be filled by the Council Member who appointed those individuals initially; she instructed staff to work closely with Mr. Bonilla, noting that the Council does embrace the concept of the Avenue of the Americas; and she indicated that staff will come up with the procedure that needs to be followed to consider renaming the Bayfront Arts and Science Park and will advise Mr. Bonilla. Mr. Bonilla expressed appreciation to the Council for their support. * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager Garza referred to a list of questions which were presented to him last week by a member of the Taxpayer's Association. Mr. Garza provided answers to the questions, noting that the City has an obligation to attempt to recover its costs anytime the City is involved in a lawsuit. Mr. Garza indicated that sanctions were requested to reimburse the City for what was considered a frivolous lawsuit which was filed in federal court. He read a statement and quoted the decision which was rendered by the United States Court of Appeals for the Fifth Circuit. Mr. Garza indicated that he is very convinced that the City proceeded correctly in the lawsuit and that the City did not consider their original action frivolous. Council Member Slavik requested that the City Manager provide his answers in writing to Mr. Charles Nichols. Mr. Garza referred to a concern last week from Ms. Reva Gregg relative to comments made by Mr. Brandol Harvey at the Planning Commission hearing. Mr. Garza indicated that he spoke with Mr. Harvey and he indicated that he had a twenty—minute discussion with Ms. Gregg the night of the hearing. Mr. Garza indicated that Mr. Harvey did not recall making a comment that the public was not invited to the Hearing. Minutes Regular Council Meeting November 29, 1988 Page 13 Assistant City Manager Elizondo indicated that he did meet with Ms. Gregg and presented a report to the City Manager, noting that there was a disagreement as to what actually transpired. Mr. Elizondo stated that Ms. Gregg was advised of the process which was to be followed the night of the hearing. Mayor Turner called for liaison and other reports from the Council. Council Member Rhodes updated the Council on the status of the Keep America Beautiful funding. She stated that after they were dissolved, there were some assets and money, noting that the assets and half of the money went to a Keep America Beautiful office in Port Aransas. Mrs. Rhodes indicated that because it was City money, the other half was to be distributed to a non-profit agency and was nominated to be given to the Heart of Downtown. Council Member Slavik requested a written report on the status of Keep America Beautiful. Council Member Moss commented on a memorandum from City Manager Garza relative to the permitting fees, and Mr. Garza indicated that the City needs to consider what a full-blown enforcement effort will be, noting that he is concerned about the staff's ability to handle the outcome. Council Member Moss inquired if the vehicle being approved under Item No. 6 is replacing the one which was overhauled, and City Manager Garza replied that it is not. Mayor Pro Tem Guerrero referred to the issue on the retired firefighter fund which is still prevalent. He expressed the opinion that the Council needs to make it public that the existing firefighters do not want to fund it, noting that the Council has no authority over the issue. Mr. Guerrero suggested an ad in the newspaper explaining this issue to the public. City Manager Garza indicated that a suggestion was made to him that this issue be made a part of the negotiations with the Firefighters Association, and it is his intention to do so. He suggested the idea of communicating with the local citizens on an annual report basis, perhaps by a flyer in the newspaper, noting that is an issue which could be told to the citizens. Council Member Berlanga expressed concern regarding this issue. He stated that the City has a moral obligation to try and help its former employees, noting that between the firefighters and the Council something could be done for the retirees. * * * * * * * * * * * * * Mayor Turner called for petitions from the audience on matters not scheduled on the agenda. 1 Minutes Regular Council Meeting November 29, 1988 Page 14 Mr. Earl Wilder, President of the Retired Firefighters and Widows of Texas, Inc. of Corpus Christi, presented material to the Council and read letters to the Council from the Office of the Firemen's Pension Commissioner to the Office of the Governor and a letter addressed to Mr. Wilder from the Office of the Governor expressing concern about the situation in Corpus Christi. Mr. Raymond Hasker, 1813 Wallace, referred to the lawsuit relative to the Taxpayers Association, noting that they have paid out $15,000 of their own money, noting that the lawsuit was not frivolous. Mr. Hasker commented on the previous remarks made by the City Manager relative to the lawsuit. In answer to a question from Council Member Slavik, who expressed concern regarding this issue, City Manager Garza indicated that he met with Mr. Tom Hunt of the Taxpayers Association and offered to accept some form of an installment payment for the amount owed the City, and Mr. Hunt turned the offer down. Mr. Philip Rosenstein, 949 Bobalo, clarified that he is not a member of the Taxpayers Association. He presented the Council with a letter from the City Attorney to a law firm in Dallas and directly quoted from the letter. He inquired how much Corpus Corpus taxpayer's money will be spent illegally. Mr. Rosenstein read the state statute relative to the ethics of a lawyer. Council Member Berlanga noted that the letter which Mr. Rosenstein referred to is dated 1986, noting that the problem has been corrected. There being no further business to come before the Council, Mayor Turner declared the Council Meeting adjourned at 4:25 p.m. on November 29, 1988. 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 29, 1988 which were approved by the City Council on December 13, 198ad-- — 19 8.. rwITNESSETH MY HAND AND SEAL, this the � R 0� day of w Betty T ner, MAYOR Armando Chapa, CitySedtetary City of Corpus Christi