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HomeMy WebLinkAboutMinutes City Council - 01/21/1997I 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 January 21, 1997, which were approved by the City Council on January 28, 1997. WITNESSETH MY HAND AND SEAL, this 28th day of January, 1997 Armando Chapa City Secretary SEAL y$ ijULMED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 21, 1997 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Edward Martin Council Members: Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Dr. David McNichols City Staff: City Manager Bill Hennings City Attorney James R. Bray Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Best, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Betty Jean 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 January 14, 1997, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Coastal Bend Council of Governments City Manager Bill Hennings * * * * * * * * * * * ** Council Member Betty Jean Longoria announced that the City of Corpus Christi had received an award from the National Community Development Association for the Northside Plaza project, in recognition of the city's innovative use of Community Development Block Grant (CDBG) funds to address the needs of low- and moderate -income families, homes and neighborhoods. Mrs. Minutes Regular Council Meeting January 21, 1997 Page 2 Longoria thanked the Mayor and Council for their support of the Northside Plaza project, and she expressed appreciation to city staff members Tom Utter, Jo Ann Dominguez and others in the Housing and Community Development department. Mrs. Longoria pointed out that the Northside Plaza, a two -block area, consists of the following facilities: Workforce Development Corporation, JTPA Program, Brooks Chapel Early Childhood Development Center, Northside Neighborhood Care Center, Oveal Williams Senior Community Center, and the Northside Weed and Seed Program. A video was then shown illustrating the Northside Plaza and how it benefits the neighbors in that area. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 3, a presentation by the Commission on Children and Youth. Prior to that presentation being given, Council Member Cooper introduced Mr. Steve Nawojczyk, a noted expert on gangs. Mrs. Cooper said that Mr. Nawojczyk would address the Mayor's Task Force on Youth Violence that evening, as well as speaking to other groups tomorrow. Mr. Nawojczyk stated that while government is a good facilitator in solving the problem of youth crime and violence, the solution lies within the community. He said that for every dollar that is spent on suppression and enforcement, like dollars and effort must also go toward intervention and prevention programs. Mayor Rhodes explained that the Commission on Children and Youth was formed upon a recommendation stemming from the Texas Cities Action Plan. specifically through the dcv clopnicnt of a crime prevention program. Ms. Paige Dinn, Chairperson of the Commission on Children and Youth, explained that the group's mission is to support a comprehensive system of services and advanced policies to meet the needs of the city's children, youth and families. She said that all the members of the Commission have expertise in some area of children or youth services, and she introduced those who were present: Jeff Jung (Assistant Chairperson), Robin West, Kelly Hruska, Dr. Philip Rhoades, Grace Rank, Veronica Trevino, Julianna Rivera, Rudy Sosa, and Assistant Police Chief Ken Bung. Ms. Dinn acknowledged that juvenile crime is a complex issue, and the problems of poverty, child maltreatment, lack of success in school, lack of access to primary health care, and teenage pregnancy are all interconnected and may lead to juvenile delinquency and crime. She said the Commission focused on four goals in developing a Community Action Plan. The first goal is to ensure that Corpus Christi's children and youth have the opportunity to grow up healthy, safe, educated, emotionally strong, spiritual, and economically secure. To accomplish that goal, the Commission recommended the following: improve parent education Minutes Regular Council Meeting January 21, 1997 Page 3 programs; make preventive health care, social services, day care, and counseling services available to all children and families; establish community team approaches to child maltreatment; and develop a comprehensive Child Protection System. Ms. Dinn said the plan's second goal is to ensure that Corpus Christi's children and youth reach adulthood in an environment free of crime and victimization by emphasizing effective prevention, intervention, and enforcement programs. To do so, the Commission made these recommendations: develop and expand mentoring programs for all children; teach children how to develop empathy and other social skills in order to avoid delinquency and child maltreatment: provide recreational and other opportunities for youth, such as through the establishment of a Youth Services Corps; expand the adult -led recreational programs of the city's Park and Recreation Department to address youth -at -risk and prevention issues; and expand the availability of employment opportunities for youth. Additional proposals to meet that goal included: enforce juvenile curfews judiciously: develop a centralized, supervised detention facility for curfew violators; develop a set of progressive sanctions for youth who have committed crimes; require restitution and community service as routine parts of juvenile offense sanctions; aggressively enforce laws pertaining to underage drinking and substance abuse, and develop a detoxification center for juvenile alcohol and substance abusers; develop full-time "safe houses"; focus attention on juvenile repeat offenders and gang members through improved case tracking and other means; reduce the availability of guns on the streets; and expand the Police Department's neighborhood crime prevention activities. The third goal of the Commission's Community Action Plan is to increase the educational attainment level of all Corpus Christi children and youth. This goal may be accomplished through the following actions: provide learning readiness programs to all children; provide safe and secure learning environments; support the provision by schools of a balanced and appropriate curriculum to all students; and develop partnerships which reduce truancy and promote stay -in -school programs, and which assist all children, youth and families. The fourth goal is to improve the current information collection and dissemination efforts and program evaluation efforts so that effective programs are developed and maintained. The Commission's recommendations in this regard are: improve program and information access and tracking in a variety of ways; evaluate available programs, including those concerning child maltreatment, juvenile delinquency, and school drop -outs; study the feasibility of establishing a Children and Youth Services Office within or under contract with the city; and expand continuing education programs and professional training for those concerned about children and youth issues. Ms. Dinn said the Commission encourages the Council to use the plan as a guide when setting city policies, and she thanked the contributions of the Park and Recreation Department staff, particularly Mr. Malcolm Matthews, the Director. Minutes Regular Council Meeting January 21, 1997 Page 4 Mayor Rhodes thanked the Commission members, and noted that many of the recommendations include proposed actions that will be undertaken by the Commission. Council Member Cooper said she likes the Commission's plan, hut pointed out that the difficulty will lie in its implementation, and she asked how the members planned to do that. Ms. Dinn replied that the Commission members will be encouraging and facilitating different entities to implement different aspects of the plan. She said one of the advantages is that the Commission members work for or are involved with the other entities referred to in the plan. Council Member Heldenfels asked where the funds would be obtained to implement the proposals. Ms. Dinn explained that some of the recommendations call for partnerships among different groups, and expanding existing programs that already receive funding. Ms. Robin West, a Commission member representing the educational field, said some of the programs called for in the plan are in place in many school districts, and it would be a matter of enhancing them to meet the needs of more students. She noted that Corpus Christi Independent School District is currently conducting an at -risk program review. Mayor Rhodes pointed out that the Northside Plaza project is a good example of how different entities formed partnerships to better utilize their funding sources. She said the community has indicated that one of its priorities is the problem of youth violence. Council Member McNichols said the plan was excellent and he commended the Commission members. He asked about the proposal to establish a Youth Services Corps. Dr. Rhoades said such an organization would allow youth to develop leadership skills and self-esteem as they volunteer in different programs, such as Neighbors on Watch and Operation Paint Brush. Dr. McNichols commented that funding for such programs as Head Start may be reduced, and he asked how that would impact the plan. Ms. Dirm said one avenue may be to enhance the level of custodial day care services and to improve early childhood education, possibly through the neighborhood centers. Dr. McNichols said that some years ago, the city had to restructure programs offered through the Park and Recreation Department due to serious financial constraints, and the Council could reexamine the fees charged through those programs so as not to discourage participation. Council Member Betty Jean Longoria said that budgetary decisions will need to be made by the city and other entities involved that will affect the Community Action Plan. She also commented on recent federal budget constraints, and asked how that would affect the plan. Ms. Dinn replied that several of the Commission members are investigating the local effect of welfare reform, and are communicating with legislators in Austin and Washington. Responding to another question from Mrs. Longoria, Mr. Hennings said that the Council Minutes Regular Council Meeting January 21, 1997 Page 5 could give some priority to the needs of children and youth when developing their guidelines for the Community Development Block Grant program. Council Member Black said she thought there were some very important issues addressed in the Commission's plan; one in particular was the idea of youth employment, which is very effective in building youths' self-esteem. She added that she was glad to see the community emphasizing the importance of intervention in young people's lives in an effort to prevent more serious problems later. Mrs. Cooper asked if the Commission planned to bring representatives of the different entities together to discuss the plan's implementation. Ms. Dinn agreed that that was a good suggestion, and she noted that Mr. Matthews had presented an abbreviated presentation of the plan at a meeting of the Greater Corpus Christi Business Alliance. Council Member John Longoria commented that there are several agencies that have very good programs, but for some reason they do not sufficiently reach the people who need them. He said there should be some way to address the multiple needs that surface when police officers answer domestic dispute calls --including the need for counseling, dispute resolution and other social services. Mr. Longoria cited a previous report which indicated that the second most common place where youth congregate is at churches, and he encouraged the Commission members to address that fact. He added that it is important to create models of businesses which are effectively contributing to meeting the needs of the children and youth in this community. Mr. Longoria also discussed the importance of developing the Youth Services Corps, and he gave a few examples of how that organization could be utilized in the community. He also commented on the fees that are charged for youth -oriented Park and Recreation programs, and he suggested that staff investigate the City of Waco's coalition of several entities and organizations. Council Member Martin said the Commission's plan does not really address the issue of enforcement --the vast majority of it deals with intervention and prevention. He said a total plan needs to incorporate all of the issues related to youth, including zero tolerance against gangs and other issues. Ms. Dinn responded that the plan was developed as a guide for the City Council and other entities in dealing with children and youth issues, and the Commission members did wish to focus attention on prevention and early intervention methods. She agreed that enforcement is important and she said the plan addresses it to some extent; also, the Commission felt strongly that a tracking system within the courts could ensure that sanctions against youth offenders are applied consistently. A tracking system would also be an intervention measure since it would allow for action to be taken before the offenses increase in number and degree. Mr. Martin reiterated that he would like to see a plan that encompasses all of the necessary issues, particularly enforcement. He said the Commission's proposals can be considered as the Minutes Regular Council Meeting January 21, 1997 Page 6 Council allocates the CDBG funds, as Mr. Hennings makes recommendations conceming the budget (including Park and Recreation programs), and as Chief Alvarez considers how to allocate manpower in the Police Department. Mr. Martin also asked if the Commission's proposals were tested initiatives, and Ms. Dinn said they were. Responding to another question from Mr. Martin, Ms. Dinn said studies have shown that young people feel it is very important to have adults interested and involved in their lives. Mayor Rhodes suggested that the Commission form a speakers bureau to address the many organizations that are interested in youth issues but do not know how they can help. She added that the plan should include a way for the courts to require that parents of juvenile offenders be required to attend parenting classes in lieu of a fine. The Mayor also referred to the effect that welfare reform will have on many people in this area. She commended the Business Alliance for developing a mentoring program, pointing out that the city has such a program in place. Responding to Mr. Heldenfels, Dr. Rhoades said there is no record-keeping system for juveniles who appear before Justice of the Peace Courts and Municipal Courts, and those juveniles are treated as first-time offenders each time they commit an offense. He said the court's intervention should become stronger with each successive offense by the juvenile. Dr. Rhoades added that a student completing his master's degree will be forming the ground work for creating an internal information system for juvenile cases; they also hope to connect with the Juvenile Justice Center's information system. Mayor Rhodes noted that the mayors of the eight major cities in Texas compile a legislative package each year and one of their proposals during the last legislative session dealt with access to juveniles' records. She suggested that the Commission provide input to those mayors. * * * * * * * * * * * * * Mayor Rhodes called for a five-minute recess. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, additional city recommendations to address youth issues. She referred to a diagram illustrating how different entities could work together to provide services to children and youth, and solutions to the problem of youth violence. The Mayor also discussed the idea of forming a coordinating council of representatives of those different groups. Council Member Martin said that much of the emphasis of that work will fall on the city, in part because the city provides law enforcement, recreation and other services. He said the one person who can call all of the city's resources together is the City Manager, and he and the Council need to be committed to youth issues. He said that the starting point should be to redirect priorities. Minutes Regular Council Meeting January 21, 1997 Page 7 Council Member Best said the City Manager needs to make recommendations to the Council on how to better meet the needs of children and youth, and he offered the Council's support. City Manager Hennings said the Commission on Children and Youth has been in the process of collecting information, analyzing it, and making recommendations, and the report they presented at the meeting is an excellent starting point to move ahead. He commended the Council for being farsighted in appointing the Commission in the first place. Mr. Hennings said this issue involves prevention, intervention, law enforcement, and correction. He addressed two elements of the Commission's Community Action Plan: enforcement of the nighttime curfew and the need for a central processing facility for curfew violators. He said Police Chief Alvarez will submit a grant application to build such a facility; however, the decision needs to be made by the Board of Judges and the Nueces County Commissioners to operate the facility as a part of the Juvenile Justice Center. Mr. Hennings said one important element of the detention facility would be the availability of counseling to parents of juvenile offenders. Mr. Hennings also referred to the plan's recommendation for progressive sanctions against juvenile offenders. He stressed that young people need to understand that there are consequences to criminal behavior. Mr. Hennings pointed out that the State Legislature and the Congress also play key roles in the laws that they pass pertaining to youth, and city staff need to make the Council aware of how actions that the Council takes may affect youth. The City Manager said the city's mentoring program has been very successful, and they are trying to expand it by encouraging more city employees to volunteer as mentors. He noted that Congress has funds available for law enforcement block grants. He said the Council has made it clear that the problem of youth crime and meeting the needs of the community's youth are high priorities, and he intends to take that as the Council's instruction to him as staff proceeds with the Community Development Block Grant program, with the budget process, and with other issues. Mr. Hennings said staff will work with the Commission on Children and Youth, and staff will bring any items that need Council action to them as soon as they are ready Dr. Best asked what the penalty is for a juvenile offender who is caught painting graffiti. Chief Alvarez said there is a fine for that offense, which is considered criminal mischief. Dr. Best asked if the offender would be required to clean up the graffiti, and the Chief said that would be the judge's decision. Dr. Best then asked about the youth who has been expelled from school and is not part of an altemative education program. Chief Alvarez said the Police Department is trying to work with the school district on that issue. Responding to another question from Dr. Best, Mr. Hennings said the federal government has established a law enforcement block grant program, and he said the city should urge Congress Minutes Regular Council Meeting January 21, 1997 Page 8 to continue it, with the understanding that the City Council should be able to decide how to use that money. Mr. Hennings also briefly addressed the idea of progressive sanctions as proposed by the Commission on Children and Youth. Mr. Martin asked if the city had a parental responsibility ordinance, and Mr. Hennings said it did. Mr. Martin pointed out that in the example Dr. Best asked about earlier, the parents could be held liable for the damage a youth causes. Mr. Martin asked staff to review the issue of park curfews, because parks are often places where gangs congregate. He also stressed the importance of the Neighbors on Watch program, and the necessity of joining with other cities in promoting legislation that strengthens anti -gang initiatives. In reply to Council Member Betty Jean Longoria, Chief Alvarez said that Nueces County does not have a facility in which to detain curfew violators. The city police can only detain a curfew violator or truant for six hours, and it the parents have not picked up the youth by then, he or she is taken to La Raza. Council Member John Longoria noted that he had suggested the idea of establishing "safe havens" at city fire stations, and a concern had been raised about liability. Mr. Longoria stressed that he did not intend for the fire stations to serve as shelters for youth; rather, they could serve as a haven for a youth who felt an immediate threat of some kind, such as when he or she is walking home from school or a school activity. Mr. Longoria also discussed the idea of establishing a centralized city home page on the Internet. Responding to Dr. Best, Mr. Hennings and Chief Alvarez further discussed how curfew violators are currently handled, and the concept of establishing a detention center with available counseling services. Council Member Black asked about the program to train citizens to patrol their neighborhoods using cellular telephones. Chief Alvarez said the program would begin January 22, 1997, and about 50 people have indicated they would like to receive the training. After they are trained, the block captains of the Neighbors on Watch groups will receive the cellular phones. Council Member McNichols discussed the idea of establishing some type of recognizable corporal punishment as a serious deterrent to youth crime. Chief Alvarez said the state laws would have to be changed in order to implement such a program. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, purchase of a rescue/transport vehicle. Fire Chief J.J. Adame explained that the current EMS transport vehicle in service is the same Minutes Regular Council Meeting January 21, 1997 Page 9 basic vehicle that has been used since 1973 when the EMS division was created in the Corpus Christi Fire Department. In 1980, the EMS' responsibility changed from providing basic life support to serving as mobile intensive care units. He said that change in service has resulted in much demand and wear on the current units. The rescue/transport vehicle that staff is recommending consists of a medium -duty commercial chassis with a larger module, which he said has numerous operational, safety, and financial advantages. Chief Adame said that the current chassis are being replaced at 100,000 miles, while the proposed unit will provide a minimum of 300,000 miles of use prior to replacement. In addition, the current chassis are operating close to or at their existing payload capacity, while the medium - duty unit should rarely exceed 70% of its capacity, as well as provide more compartment space and more internal maneuverability. The Chief said the proposed unit's braking system is more durable, providing better safety and reducing the time the unit will be out of service. He said staff has been monitoring the performance of these medium -duty chassis in other cities, and they have reported favorable results. The Chief then introduced Mr. John Murray, Corpus Christi's new EMS Director, who began working January 6, 1997. Mr. Murray said he was looking forward to this experience. Council Member Martin said he was concerned that there was a desperate need in the budget for at least two emergency medical vehicles, and due to the cost of the proposed vehicle, the budget would allow for only one to be acquired. Mr. Martin pointed out that the type of vehicles Corpus Christi is currently using are used more prevalently around the country than the proposed vehicle. Mr. Martin also asked if the proposed vehicle would allow for modular replacement. Chief Adame said the vehicle's estimated chassis Longevity of 300,000 miles equates to eight to nine years of use; however, those vehicles have been in use around the country for about two to three years, and there was insufficient experience to answer Mr. Martin's question. Mr. Martin reiterated his concern that this action would place the city further behind in its equipment needs, and he stressed the importance of having an equipment replacement plan. A brief discussion ensued. Chief Adame said staff had discussed the possibility of using the same replacement procedure that was used for the ladder trucks --where numerous vehicles were leased/purchased for the same price as purchasing outright one vehicle per year. He said the current rescue/transport vehicles are utilized about three to four years before they have to be replaced, while the medium -duty vehicle should last about eight years. Mr. Martin said the idea of using the lease/purchase approach at the time the vehicles are converted from their current size to the larger size made sense. He said in that case, two larger vehicles should be acquired under the lease/purchase arrangement since that was the number of vehicles that was originally budgeted. Council Member McNichols asked if the rescue/transport vehicle could be used throughout Minutes Regular Council Meeting January 21, 1997 Page 10 the community, and Chief Adame said it could be. Responding to another question from Dr. McNichols, Chief Adame said the current vehicles have reached their limits on their payload capacity, and there is much wear and tear on their brakes and other systems. City Manager Hennings said those concerns precipitated staff investigating the possibility of a heavier -duty piece of equipment. Replying to Council Member Best, Mr. Hennings said he concurred with this proposal because the new vehicle would be better suited for its proposed use. He added that staff could investigate the possibility of the lease/purchase agreement and could make a separate recommendation to the Council. Council Member Heldenfels asked if everything that was being placed in the current vehicles was necessary, and Chief Adame replied that it was. He reiterated that by utilizing a lease/purchase agreement, the city could obtain two vehicles at this time, following which the current vehicles could be placed in reserve for two years. Mr. Martin said in order for the lease/purchase agreement to be feasible, the vehicles would need to have a significantly longer life than the current vehicles. He said he would support ordering two of the heavier -duty vehicles under a lease/purchase and using the budgeted funds as a down payment, with the proper analysis that would support the idea of a conversion to the heavier -duty equipment. Mr. Hennings suggested that this item be postponed until next week to incorporate the Council's suggestions. Dr. McNichols added that staff should obtain more data concerning the vehicles' usage in other cities. 5. POSTPONED Motion approving the purchase of a resetae/trait,part-vehicle-tambulai1cc) from thL I Io,.sto1 Galveston Area Council fot the amount of $122,870.00. The pmelta,c 13 mad, tin uu61t II ustbat iial4 estVaa Area COU1tetl-Quopet ativc Ptlt Cltcl,lug Palaglaaaa, llvasttan Gia}v �,�tYaat Arca Council will be providing a vehicle manufactured by Emergency Onc, Inc. Funds arc -- • - -- .. . • . • • • • • .: . .. . e . Mayor Rhodes opened discussion on Item 6, Bay Trail, Phases I and II. Council Member Heldenfels asked if the overall cost of the project was changed. Mr. R.H. Shackelford, Director of Engineering Services, said the total project cost stays the same. Minutes Regular Council Meeting January 21, 1997 Page 11 Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6.a. M97-018 Motion authorizing the City Manager or his designee to execute an amendment to the original Bay Trail Phase I (Texas A&M University -Corpus Christi Hike -and -Bike Trail Project) agreement previously executed between the City of Corpus Christi and Texas Department of Transportation (TxDOT) to increase the maximum amount payable from $400,000 to $555,350.97 for additional costs for project bid items, engineering/contingencies and design/review costs, and authorizing an increase of $31,070.19 to be paid to TxDOT as the City's 20% share of the additional costs for Phase I. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black absent. 6.b. M97-019 Motion authorizing the City Manager or his designee to execute an agreement with the Texas Department of Transportation (TxDOT) setting forth the responsibilities of the parties relative to the Bay Trail Phase II Project, and authorizing $219,329.81 to be escrowed with TxDOT as the City's 20% local share of the project cost. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black absent. 6.c. ORDINANCE NO. 022827 Ordinance appropriating $146,400 in the Park Capital Projects Fund No. 291 as the State of Texas estimated reimbursement to the City for 80% of eligible costs associated with development of plans/specifications and force account construction work on the Bay Trail Phase II Project; amending Ordinance No. 022742, which adopted the FY 96-97 Capital Budget, by adding $146,400. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black absent. ************* Mayor Rhodes opened discussion on Item 7, financial policies for the General Fund. Minutes Regular Council Meeting January 21, 1997 Page 12 City Manager Hennings used visual aids to discuss aspects of the budget. He noted that the ending balance in the General Fund has been steadily drawn down. As a result, both of the bond rating agencies expressed concern about that fact, and asked that the city submit a financial plan to rebuild the balance to historical levels. Mr. Hennings said this problem arose from the decline in the economy in the late 1980s and early 1990s; only in the last three years has the tax base begun to grow again, with a small increase in the property tax revenue collected. He said some positive economic indicators include new home and total building construction, average sales price of a home, and annual sales tax collection. Mr. Hennings said to ensure that the ending balances in the General Fund do not decrease, the current revenues and current expenditures need to be in line, which has been accomplished in the current year. He said the Council's decision to make that a policy will allow the city's budget to be well positioned for the future. He then reviewed the proposed resolution: Section 1 -calls for setting aside adequate financial resources in the General Fund ending balances; Section 2 - projects a beginning balance for FY 1997-98 of $1,613,134, and sets a target of increasing that ending fund balance by 25% each year, until the goal is reached of 4% of the total appropriation in the General Fund as the ending balance; Section 3 - calls for maintaining the General Obligation Debt Service Fund balances in order to cover a substantial portion of next year's principal and interest debt obligation; Section 4 - calls for the possibility of pursuing new revenue sources and enhancing some existing revenue sources, such as utility franchise renewals, among others; Section 5 - sets the policy that current revenues will exceed current expenditures; Section 6 - recognizes the necessity of expenditure controls; and Section 7 - the Council will make expenditure reductions if necessary to meet the goals. Mr. Hennings said this financial plan evolved through several discussions with the Council and with the bond rating agencies, Standard and Poor's and Moody's. He said staff met with representatives of those agencies in Corpus Christi in November, and they were favorably impressed with positive changes that have occurred in the community since their last visit. Responding to Council Member McNichols, Mr. Hennings said the decline in the tax base in the late 1980s and early 1990s caused staff to budget in the General Fund more expenditures than revenues. Dr. McNichols said other problems are increased costs and federal mandates. Mr. Hennings said it is hoped that the tax base will grow enough so that the problem with the ending fund balances can be resolved over a period of time, while at the same time continue with the needed growth in police and fire protection and avoid reducing services. Council Member Heldenfels asked how long the 53 vacant positions in city staff have been "frozen," and Mr. Hennings replied since August 1, adding that they are unfunded in the current budget. Mr. Heldenfels asked why he did not just eliminate those positions, and Mr. Hennings said Minutes Regular Council Meeting January 21, 1997 Page 13 he hopes that those positions will be able to be funded at some point. Mayor Rhodes called for comments from the audience. Mr. Raymond Hasker questioned the source of what he said were unlimited monies. He said a recent court decision eliminated the 6% utility rate cap, which he said should be a major concern to the citizens and to the Council members seeking reelection. Council Member Martin said Mr. Masker's comments have nothing to do with this agenda item, which he said would result in a huge limitation upon the City Manager's ability to provide the services everyone would like to have. Mr. Martin commended Mr. Hennings for this action. City Secretary Chapa polled the Council for their votes as follows: 7. RESOLUTION NO. 022828 Resolution adopting financial policies to rebuild General Fund ending balances to prior year levels and ensure that acceptable balances are maintained in future years. The foregoing resolution passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 8 through 15, and Council Members requested that Item 10 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 8. M97-020 Motion approving supply agreements with the following companies for the following amounts, for food service items including 756 cases of trays, 241 cases of utensils, 50 cases of cups and bowls with lids, etc., in accordance with Bid Invitation No. BI -0013-97, for an estimated annual expenditure of $30,738.56 based on low bid, best bid, and low bid meeting specifications. The term of the agreements shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. These items will be used by Senior Community Services for the Elderly Nutrition Program. Funds are budgeted in FY 96-97 by Senior Community Services. Minutes Regular Council Meeting January 21, 1997 Page 14 Sysco Foods Corpus Christi. TX (hats, utensils, hair nets detergent, degreaser -low bid) $2,751.93 McLane Food Service Victoria. TX (napkins, foil products, gloves, hand soap - low bid, best bid) $16,955.56 Gulf Coast Paper Corpus Christi. TX (paper trays, poly products - low bid, low bid meeting specs.) $11,031.07 Grand Total - $30,738.56 The foregoing motion passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 9. M97-021 Motion awarding a contract in the amount of $101,070 to Malek, Inc. for the O.N. Stevens Water Treatment Plant Chemical Control Room Positive Pressurization. The foregoing motion passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 11.a. M97-023 Motion authorizing the City Manager or his designee to execute a Letter Agreement with MultiRestaurant Management, Inc. to reconstruct the new restaurant space as a change order to the City's existing Terminal Reconstruction Contract, Phase 1, with MultiRestaurant Management, Inc. reimbursing the City $206,081 (consisting of $204,334 for demolition/construction and $1,747 for materials testing), all of which apply to MultiRestaurant Management, Inc.'s obligation to spend $650,000 in restaurant improvements. The foregoing motion passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria. J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 11.b. ORDINANCE NO. 022829 Ordinance appropriating $206,081 in the Airport Capital Projects Fund No. 245 to be reimbursed by MultiRestaurant Management, Inc. for Airport Restaurant Demolition and Construction; amending Ordinance No. 022742, which adopted the FY 96-97 Capital Minutes Regular Council Meeting January 21, 1997 Page 15 Budget, to increase appropriations by $206,081. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 11.c. M97-024 Motion authorizing the City Manager or his designee to execute Change Order No. 6 to the contract with B. E. Beecroft Company for Reconstruction of the Hayden Head Terminal Building, Phase 1, in the amount of $217,980 for rebuilding the new restaurant area and relocation of electrical panels not related to the restaurant work with reimbursement by MultiRestaurant Management, Inc. for its share of the change order. The foregoing motion passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 12. M97-025 Motion canceling the City Council Meeting of March 11, 1997 and scheduling a regular City Council Meeting on March 4, 1997. The foregoing motion passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 13. ORDINANCE NO. 022825 Ordinance amending Ordinance 022075 by adjusting single member district lines to include annexed territory; providing for submission of the adjusted single member district lines for preclearance from the United States Department of Justice. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 14. ORDINANCE NO. 022826 Ordinance ordering a General Election to be held on April 5, 1997, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; enacting Minutes Regular Council Meeting January 21, 1997 Page 16 provisions incident and relating to the subject and purpose of this ordinance. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. 15. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53 - TRAFFIC, Article VIII - Schedules, Section 53-251, Schedule II - Arterial and Collector Through Streets. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 10, concerning an airport project. Responding to Council Member Heldenfels, Ms. Bonnie AIIin, Director of Aviation, said the result of this action would be $3,300 to be paid for bonds and insurance of the company whose contract was being terminated. She added that the Federal Aviation Administration (FAA) is planning to build a new control tower at the Corpus Christi International Airport within the next five years, and staff will wait to implement the insulation resistance monitoring system and airport lighting computer system until later. In reply to Council Member Best, Mr. Hennings said this item included approval of a deductive change order in the amount of $136,700. He added that this was an example of how engineering costs for projects can be justified. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. M97-022 Motion authorizing the City Manager or his designee to approve a deductive change order in the amount of $136,700 and to terminate the contract with F&W Electrical Contractors, Inc. for the Corpus Christi International Airport for an Insulation Resistance Monitoring System & Airport Lighting Computer System. The foregoing motion passed by the following vote: Rhodes, Best, Heldenfels, B. Longoria, Minutes Regular Council Meeting January 21, 1997 Page 17 J. Longoria, Martin, and McNichols voting "Aye"; Black and Cooper absent. * * * * * * * * * * * * * Mayor Rhodes announced the closed session, pursuant to the Texas Government Code, Section 551.071, regarding Onesimo Cruz, et al v. City of Corpus Christi et al, No. 89-4954-0, 105th District Court, Nueces County, Texas, with possible action in open session. The Council went into closed session. The Council returned from closed session. Mayor Rhodes made the following motion, seconded by Council Member Best: M97-026 Motion authorizing the City Manager, in the case of Onesimo Cruz, et al v. City of Corpus Christi, No. 89-4954-0, 105th District Court, Nueces County, Texas, to execute settlement agreements with claimants A. Castro, P. Cortez, A. Flores, B. Tanguma, R. Silvas, and R. Vargas, in accordance with the agreements negotiated by the City's attorneys, and to employ the law firm of Hunt, Hermanson, McKibben and English to assist in the trial of the case at an hourly rate of $125, not to exceed $25,000. The foregoing motion passed by the following vote: Rhodes, Best, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels abstaining; Black and Cooper absent. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Hennings stated that staff gave a presentation last week to the Nueces Estuary Advisory Council (NEAC) about the city's proposal that the Texas Natural Resource Conservation Commission (TNRCC) not require the city to release water from Lake Corpus Christi during drought conditions. He said at the end of the meeting, the NEAC members took a straw poll, and 13 supported the city's proposal, while 9 opposed it. Subsequently, the Legal Department has submitted to the TNRCC proposed language to be inserted into the Agreed Order. In addition, ABC News is planning to do a story about global warming, and a reporter has contacted city officials about the drought contingency measures. He said staff will emphasize the community's efforts to conserve water. Mr. Hennings said items scheduled for the January 28th Council meeting include a discussion about the Municipal Court collections efforts, and an update on the Community Progress Partnership. Minutes Regular Council Meeting January 21, 1997 Page 18 Mayor Rhodes called for Council concerns and reports. Council Member Martin said he thought it was important that the Garwood Irrigation Company permit application be filed prior to legislation being introduced in Austin during this legislative session. Mr. Hennings replied that staff would investigate that issue. Council Member John Longoria requested an update on the permit application for the new landfill. He also questioned the necessity of filling the position of Director of Housing and Community Development. Mr. Hennings said he has reviewed that idea, and he is convinced that that position is necessary. Mr. Longoria reported numerous potholes on Crosstown Expressway, and Mr. Hennings said he would forward that information to the Texas Department of Transportation, which is responsible for maintaining that roadway. Mr. Longoria also questioned the role of the Greater Corpus Christi Business Alliance in Operation Clean Sweep, and Mr. Hennings said he did not think the Alliance had a role in that project. He explained that Operation Clean Sweep is being organized through the Central Power and Light Community Advisory Council and the CITGO-Koch North Bay Area Community Advisory Council. Council Member Best, incoming president of Region XI of the Texas Municipal League, announced that a regional TML meeting would be held February 13, 1997 in Kingsville. * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Mr. Mike Sullivan, 1021 Barracuda, said he was appearing before the Council to again address the issue of deficiencies in manpower and equipment in the Fire Department. He said that in 1947 there were two ladder trucks in Corpus Christi, and 50 years later there are still only two ladder trucks, in addition to other deficiences that have continued through the years. Mr. Sullivan said that he worked at Fire Station No. 7, and he and the crew there had to make runs to Padre Island, which takes 35 minutes to get there. Referring to Mr. Sullivan's comments, Mr. Hennings said it is true that Corpus Christi has high property insurance premiums but that is not due to the fire risk, but rather because of the wind storm risk and the recent increase in plumbing repairs. He added that the City Council has very consciously increased the budgets for the Fire and Police departments during the last several years, despite the fact that the tax base and property tax revenues were decreasing. As a result, other city programs and services had to be curtailed, such as street maintenance. Council Member Martin pointed out that Fire Station No. 7 is not the fire station designated to serve Padre Island; Mr. Hennings noted that there is a fire station on Padre Island itself, as well as stations in Flour Bluff and on Airline Road. Minutes Regular Council Meeting January 21, 1997 Page 19 Mr. Buck Sosa, President of the local chapter of the Firefighers Association, said that "surface bargaining" is illegal, and he said city staff has had a list of arbitrators since January 6, 1997, and he was waiting for action to be taken. He asked the Council to help resolve this situation. Mayor Rhodes asked about the status of negotiations with the Firefighters Association. Mr. Hennings replied that they are in the process of selecting an arbitrator to conduct the fact-finding. He said it is untrue to say that the city's negotiating team has rejected the union's offers from the beginning with the intention of forcing the negotiations into the fact-finding stage of the process. Mr. Hennings said the city made offers which were rejected, and then the union made a similar offer which the city accepted, only to have the union reject it. Mr. Hennings emphasized that the process being followed is spelled out in the collective bargaining agreement which was accepted by the union. He said he is glad to hear that Mr. Sosa is anxious to proceed with the fact-finding arbitration. Mayor Rhodes stressed that the Council would follow the procedure called for in the agreement. There being no further business to come before the Council, the Mayor declared the Council meeting adjourned at 6:35 p.m. on January 21, 1997. * * * * * * * * * * * * *