HomeMy WebLinkAboutMinutes City Council - 10/21/1997I 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 October 21, 1997, which were approved
by the City Council on October 28, 1997.
WITNESSETH MY HAND AND SEAL, this 28th day of October, 1997
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 21, 1997
2 p.m.
PRESENT
Mayor Loyd Neal
Mayor Pro Tem Alex L. Garcia Jr.
Council Members:
Jaime L. Capelo Jr.
Melody Cooper
Arnold Gonzales
Betty Jean Longoria
John Longoria
Edward Martin
Dr. David McNichols
City Staff:
City Manager Bill Hennings
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by the Rev. Gloria Lear, First United Methodist Church, and
President of South Texas Hospital Ministries. The Pledge of Allegiance to the flag of the United
States was led by Council Member Gonzales.
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 October 14,
1997, and there being no corrections, he proclaimed them approved as presented.
*************
Mayor Neal called for petitions from the audience.
Mr. Fernando Benavidez, representing the Regional Transportation Authority, announced
that the RTA is involved in a cooperative venture with the U.S.S. Lexington Museum and the Texas
State Aquarium to provide free transportation on Route 78 from those attractions during their "free
days" later in the month.
Mr. Buck Sosa, representing the Corpus Christi Firefighters Association, urged citizens to
approve the proposed sales tax increase to fund the Community Progress Partnership (CPP) projects
in the November 4th election.
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Regular Council Meeting
October 21, 1997
Page 2
Mr. Phil Rosenstein, 949 Bobalo, recalled remarks made by Council Member John Longoria
during the September 30, 1997, Council meeting regarding El Corazon newspaper. Mr. Rosenstein
asked if Council members are allowed to use their positions and City Council time to attack citizens.
Dr. R.B. Cutlip, 1400 Ocean Dr., commended the Council members for their unanimous
support of the proposed CPP projects and the Crime Control and Prevention District, as well as the
committee members associated with those projects. He explained how the proposals would benefit
the city.
Mr. Jerry Chipman, representing the U.S.S. Lexington Museum, said the free -admission days
for the Lexington and the Texas State Aquarium would be October 27-30, 1997, between the hours
of 4 p.m. -8 p.m.
Mr. Ed Harvin, 3338 Casa de Amigos, explained why he was opposed to rerouting a portion
of the northbound lanes of Shoreline Boulevard as part of the Gateway Project. He recognized other
citizens in the audience who shared his opposition.
Ms. Maxine Smith, 9831 Daisy Dr., asked the Council to reconsider their previous support
of the Gateway Project Phase II that would involve moving the Shoreline travel lanes, and she
thanked the four Council members who had voted against it.
Mr. Neal Trolinger, 337 Stages Dr., said there was inconsistent enforcement of the rules of
decorum in the Council chambers. He also said that members of the McKenzie Annex boot camp
are working on the bayfront and are supervised only by a Park and Recreation Department employee,
rather than a law enforcement officer. He also offered the services of Media Basics Inc. at no charge
to market the City of Corpus Christi.
Mr. J.E. O'Brien, 4130 Pompano, said voters should defeat the CPP and CPD initiatives on
the November 4th ballot. He said he wished Mayor Neal had vetoed the action regarding Phase II
of the Gateway Project.
Ms. Yvonne Guerra, 5821 Hugo Dr., spoke on behalf of the Avance Selena Center in the
West Oso community. She encouraged citizens to support the CPP and CPD projects, saying they
will benefit the community.
Mr. Gene Guernsey, 7522 Holly Rd., thanked the Council for their efforts on behalf of the
city. He said he receives much positive feedback from people who have just moved to Corpus
Christi, and he believes that the majority of citizens feel the Council are doing a good job.
Mr. Leon Perez, 904 Buford, questioned the role of the Vector Control Department, saying
there is now a problem with rats. City Manager Hennings said he would review that department's
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Regular Council Meeting
October 21, 1997
Page 3
policy regarding eliminating rats; he added that they are spraying for mosquitos throughout the city.
Mr Jimmie Till, 1265 Southern Minerals Rd., complimented Vector Control for their work
in the northwest part of the city. He added that he thought the Gateway Project should have been put
before the voters as are the CPP projects.
A woman who did not give her name said there are many areas in Corpus Christi which need
repairs, and citizens are upset about that.
* * * * * * * * * * * * *
Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the
following appointment was made:
Sister City Committee
Yale Shih
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 3, an update on the Lake Texana pipeline.
Mr. Frank Brogan, Project Engineer, explained that 90 miles of right-of-way for the pipeline
have been either acquired or negotiated; all the contracts have been awarded; approximately 50%
of the pipe has been manufactured; over 14 miles of pipe has been installed; work on the pump
stations is well underway; and expenditures to date are about $38 million. He added that the recent
heavy rains have impacted the project's progress, and one area of concern is north of Refugio, where
the third crew will begin and where a rare bird species is located.
Council Member Gonzales requested information on the monthly cost of the project, as well
as contract information.
Responding to Council Member Martin, Mr. Brogan said they are considering placing
another crew in the area north of Refugio.
* * * * * * * * * * * * *
The next item was a presentation on the Quarterly Investment Report, given by Mr. Jorge
Cruz-Aedo, Director of Finance.
Mr. Cruz-Aedo said the city's investment activities are regulated and controlled by the Public
Funds Investment Act of Texas, which he briefly explained. The objectives of the investment
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Regular Council Meeting
October 21, 1997
Page 4
program are to provide safety and liquidity for the public funds; to generate a fair yield; and to have
diversification of those funds. He said for the fiscal year ending July 31, 1997, the city's investments
generated revenues of slightly less than $11 million; the combined portfolio was over $191 million
and consisted of repurchase agreements (18%), treasury issues (21%), and agency issues (61%),
which he described.
Using charts and graphs, Mr. Cruz-Aedo explained how the $191 million is distributed: $103
million (54%) is operating funds; $86 million (45%) is capital improvement funds; and $1.27 million
(1%) is special funds. He also described the individual distribution of those three funds; as well as
cash equivalents, U.S. Treasuries, investments greater than one year, and weighted average maturity.
Mr. Cruz-Aedo noted that the four qualified security dealers the city currently uses are Merrill
Lynch, Paine Webber, Prudential Securities, and Smith Barney; with regard to repurchase
agreements, the city deals exclusively at the present time with Merrill Lynch. He added that training
is required of the key financial personnel.
Responding to Mayor Neal, Mr. Cruz-Aedo said there is no state audit of the investment
activity but it is included as part of the city's independent audit. In addition, he said that 17 cents of
the 62.5 cents per $100 valuation in taxes goes toward debt retirement. The Mayor also discussed
the city's budget for investments. Mr. Hennings added that staff is very conservative in their budget
estimates and the intention is not to pressure them to take bigger risks in order to improve the yield.
In reply to Council Member McNichols, Mr. Cruz-Aedo said the yields of prior fiscal years
were slightly lower overall than what the city experienced in FY 96-97. He also commented on the
process of the acquisition of securities, and utility funds.
Council Member Martin commented favorably about the investment report. Responding to
Mr. Martin's questions, Mr. Cruz-Aedo said the report is prepared using generally accepted
accounting principles, and he discussed the city's benchmark for yields. Mr. Martin commented on
other specific aspects of the report, to which Mr. Cruz-Aedo briefly responded.
* * * * * * * * * * * *
*
City Manager Hennings said the next presentation would be given by Ms. Susan Cable,
Director of Communications and Quality Management, concerning the performance review of city
departments. Mr. Hennings explained that the performance measurement is an ongoing effort that
was started several years ago and has been fully developed in the Street Services Department. He
said all of the city departments have developed mission statements as well as annual quality plans,
and the city is at the point where this program can be deployed throughout the city. He pointed out
that Ms. Cable has been presenting this program at conferences around the country and it has been
published as well. Mr. Hennings said he thought it would be beneficial to have some detailed
discussions each month about one area of municipal government services.
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Regular Council Meeting
October 21, 1997
Page 5
Ms. Cable explained that performance measurement is a process by which standards are set
and the delivery of services is tracked and evaluated. She said the city's focus in this process is on
its effectiveness in meeting citizens' needs and its efficiency in utilizing its resources. She said one
of the major reasons for using performance measurement is the public's demand for accountability.
Ms. Cable also discussed a 10 -step performance management model that departments are
implementing in varying degrees for specific services, for which she gave different examples. She
said in January she plans to present a proposed performance plan and a report on annual
accomplishments.
Mayor Neal commented on the need, as in private business, to constantly improve efficiency
and proficiency, and he questioned whether this effort will result in a lower operating budget for the
city. Ms. Cable replied that the process can be effective if there is interest, commitment and
communication, and she said it was important to give city departments the opportunity to work with
the Council on setting standards and determining performance measures, followed by
implementation. The Mayor used the example of the need to review job standards, and he said he
does not believe that if the cost of services is reduced, then the services themselves have to be
reduced.
Council Member Capelo asked who would be involved in the performance management and
review process for each department. Ms. Cable reiterated that it is important to involve the City
Council in that process in identifying the standards and measures. Mr. Hennings said the employees
who provide a particular aspect of services would be asked to give their input on how to improve
efficiency; and the evaluation of that process would involve the City Council. He added that the goal
is to train employees in the departments to utilize these tools and methodologies. Mr. Hennings also
noted that the city's grant application to fund an outside review of the Police Department was
denied; consequently, another source of funds will have to be identified.
Mr. Hennings added that if the Council's goal is to approach this project in light of preparing
for next year's budget, then a different approach will have to be taken, which focuses primarily on
service levels and program levels. Mr. Capelo said that in light of this year's budget process, the
Council does need to begin preparing for the FY 1998-99 budget; i.e., ensuring that there are
sufficient reserves, continuing to provide services, and not allowing expenditures to exceed revenues.
Responding to other questions from Mr. Capelo, Mr. Hennings and Ms. Cable described how
the process that has been implemented in the Street Services Department can be carried out by the
other city departments. Mr. Hennings added that these performance reviews pertain to services.
Council Member Martin discussed the need for the Council to identify its goals and criteria.
He pointed out that the outside study of the Police Department was a high priority and the Council
was told that the grant funding was basically a certainty; otherwise, they would have budgeted it. He
suggested that the Council focus on two activities in particular for next year's budget, one of which
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Regular Council Meeting
October 21, 1997
Page 6
should be the Police Department.
In reply to Council Member Gonzales, Ms. Cable said the city's performance review model
follows guidelines established by the Governmental Accounting Standards Board and the
Government Finance Officers Association, as well as models used by progressive cities throughout
the country and other sources, which she briefly described.
Dr. Gonzales said he also thought the grant to study the Police Department was a certainty,
and he questioned why the city's request was denied. Mr. Hennings replied that the federal agency
had many more applications than they had funding.
Council Member McNichols pointed out that some years ago the City Council debated at
length whether to privatize the gas utility, and while it was more efficient and cost-effective, it was
also politically unacceptable. He noted that the performance review process began to be utilized
through the Council's Administrative Analysis Committee, on which he and Council Member Betty
Jean Longoria served, and which first focused on the Street Services Department. He said he would
only be interested in this process if the model was applied to one department at a time.
Council Member John Longoria commented on the analysis that is continuing to be done on
the Municipal Court, and he discussed the need to develop a larger view of the type of city the
Council envisions. He also suggested utilizing some monies from the Law Enforcement Trust Fund
to pay for the study of the Police Department.
Council Member Garcia asked which department the Council could focus on next, and Ms.
Cable suggested Solid Waste Services (which has already implemented some aspects of the program)
or Park and Recreation. Mrs. Longoria said she agreed that one department at a time should be
addressed.
Following a brief discussion, it was determined that the October 28, 1997 Council meeting
will convene at 12:00 p.m., at which time the Council will begin the discussion of setting its goals.
* * * * * * * * * * * * *
Mayor Neal announced that the scheduled presentation on the FY 1997-98 capital budget
would be deferred at the request of the City Manager. He said several areas of concern were raised
following the recent heavy flooding.
The Mayor then opened discussion on Item 4, recommendations from the Mary Rhodes
Memorial Committee.
Council Member Betty Jean Longoria explained why she thought it would be appropriate to
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Regular Council Meeting
October 21, 1997
Page 7
name the city's next senior citizens center after Mrs. Rhodes, and she made a motion to that effect,
which was seconded by Council Member Gonzales
Council Member Garcia said a committee had been established to study ways in which to
memorialize Mrs. Rhodes, and Mrs. Longoria's suggestion was not one of their recommendations.
Council Member Martin said he did not think any other recommendations should be added to the
list presented by the Memorial Committee.
Council Member John Longoria said that even though the Lake Texana pipeline is a
reflection of Mrs. Rhodes' municipal leadership, he did not think it was a good idea to name the
pipeline after her because it is underground and would not be accessible to people. He pointed out
that Item 4.a. as listed in the agenda material also includes the recommendation regarding the
resolution for a school to be named after Mrs. Rhodes. He questioned whether it would be
appropriate for one governmental entity such as the city to request that another entity such as a
school district name one of their facilities for a city leader.
Dr. Gonzales said he believed that school districts should name their facilities for individuals
who have devoted their efforts to education, and he said the city had its own facilities that it could
name after people.
Mr. Garcia said Mrs. Rhodes volunteered many hours to the P.T.A. organization, and all the
Council was doing was making a recommendation to the school districts, after which they would
take the action they deemed necessary.
Mr. Martin said he thought the recommendation in Item 4.a. referring to the school district
resolution should be deleted because it is addressed separately as Item 4.b. He also suggested that
in order to avoid creating an adversarial relationship with the school districts, that Mrs. Rhodes'
name be one of the names considered by the respective school boards. He pointed out that there is
currently a school named after a living former mayor --Luther Jones Elementary.
Mrs. Longoria made a motion to delete the reference to the school district resolution from
Item 4.a.; seconded by Mr. Martin. City Secretary Chapa polled the Council for their votes, and the
motion to amend passed as follows: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin,
McNichols, and Neal voting "Aye"; Cooper absent.
Mrs. Longoria restated her motion to add to the list of recommendations that the city's next
senior citizens center be named after Mary Rhodes. City Secretary Chapa polled the Council and the
motion to amend failed to pass by the following vote: Gonzales, B. Longoria, J. Longoria, and
McNichols voting "Aye"; Capelo, Garcia, Martin, and Neal voting "No"; Cooper absent.
Mr. Chapa then polled the Council for their votes on Item 4.a. as follows:
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Regular Council Meeting
October 21, 1997
Page 8
4.a. M97-302
Motion accepting the following recommendations of the Mary Rhodes Memorial Committee
and directing the City Manager to undertake the necessary actions to implement such:
a. Naming of the Lake Texana Pipeline after Mary Rhodes;
b. Establishment of a Mary Rhodes Scholarship Fund;
c. Naming of the Xeriscape Learning Center and Design Garden for Mary Rhodes;
d. Sponsorship of an annual "Mary Rhodes Memorial Tree Planting" event.
The foregoing motion passed, as amended, by the following vote: Capelo, Garcia, Gonzales,
B. Longoria. J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
Mr. Longoria made a motion to amend Item 4.b. to delete the words "the next new" from the
proposed resolution, so that it would state in part that the school districts "consider naming a public
school for former Mayor Mary Rhodes." The motion to amend was seconded by Mr. Garcia.
Dr. Gonzales restated is objection to the motion to amend, saying the school districts should
select their own school names.
Mr. Chapa polled the Council for their votes, and the motion to amend Item 4.b. passed as
follows: Capelo, Garcia, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales and B.
Longoria voting "No"; Cooper absent.
Mayor Neal called for comments from the audience, and there were none. Mr. Chapa polled
the Council for their votes on Item 4.b. as follows:
4.b. RESOLUTION NO. 023101
Resolution requesting that the Independent School Districts within the city limits of the City
of Corpus Christi consider naming a public school for former Mayor Mary Rhodes.
The foregoing resolution passed, as amended, by the following vote: Capelo, Garcia, J.
Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales and B. Longoria voting
"No"; Cooper absent.
* * * * * * * * * * * *
*
Mayor Neal opened discussion on Item 5, water treatment plant chemical monitoring system.
He then called for comments from the audience, and there were none.
Council Member Martin asked if this was a planned, approved project, and Mr. Hennings
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Regular Council Meeting
October 21, 1997
Page 9
replied that it was; he added that the reimbursements should take place at about the beginning of
December.
City Secretary Chapa polled the Council for their votes as follows:
5.a. ORDINANCE NO. 023102
Ordinance appropriating $1,290,000 from the Combined Utility Systems Unreserved Fund
balance; amending Ordinance No. 022993, which adopted the FY 1997-98 Budget, by
adding $1,290,000 to the Combined Utility Systems Fund; transferring $1,290,000 to and
appropriating $1,290,000 in the No. 205 Water Capital Project Funds for the O.N. Stevens
Water Treatment Plant Chemical Monitoring Systems Project, Phase 1; amending the FY 96-
97 Capital Budget, adopted by Ordinance No. 022742, by adding $1,290,000 to the Water
Program.
An emergency was declared and the foregoing ordinance passed by the following vote:
Garcia, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo, Cooper, Gonzales,
and J. Longoria absent.
5.b. M97-303
Motion authorizing the City Manager, or his designee, to execute the construction contract
for the O.N. Stevens Water Treatment Plant Chemical Monitoring Systems Project, Phase
1 with J.M. Davidson, Inc. in the amount of $1,070,485.
The foregoing motion passed by the following vote: Garcia, B. Longoria, Martin,
McNichols, and Neal voting "Aye"; Capelo, Cooper, Gonzales, and J. Longoria absent.
5.c. RESOLUTION NO, 023103
Resolution expressing the intent to reimburse the Combined Utility Systems Fund for costs
of certain water system improvements to be made as part of the O.N. Stevens Water
Treatment Plant Chemical Monitoring System Project, Phase 1.
The foregoing resolution passed by the following vote: Garcia, B. Longoria, Martin,
McNichols, and Neal voting "Aye"; Capelo, Cooper, Gonzales, and J. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 6, biosolids management plan. He then called for
comments from the audience, and there were none.
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Regular Council Meeting
October 21, 1997
Page 10
City Secretary Chapa polled the Council for their votes as follows:
6.a. ORDINANCE NO. 023104
Ordinance appropriating $355,000 from the Combined Utility Systems Unreserved Fund
balance; amending Ordinance No. 022993, which adopted the FY 1997-98 budget, by adding
$355,000 to the Combined Utility Systems Fund; transferring $355,000 to and appropriating
$355,000 in the No. 250 Sanitary Sewer Capital Projects Fund for the Biosolids Management
Plan - 1997 project; amending the FY96-97 Capital Budget adopted by Ordinance No.
022742, by adding $355,000 to the Wastewater Program.
An emergency was declared and the foregoing ordinance passed by the following vote:
Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye";
Capelo and Cooper absent.
6.b. M97-304
Motion authorizing the City Manager or his designee to execute the Contract for Engineering
Services for the Biosolids Management Plan - 1997 with Urban Engineering for a fee not to
exceed $355,000.
The foregoing motion passed by the following vote: Garcia, Gonzales, B. Longoria, J.
Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo and Cooper absent.
6.c. RESOLUTION NO. 023105
Resolution expressing the intent to reimburse the Combined Utility Systems Fund for costs
of certain wastewater systems improvements to be made as part of the Biosolids
Management Plan - 1997 project.
The foregoing resolution passed by the following vote: Garcia, Gonzales, B. Longoria, J.
Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo and Cooper absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 7, elevated storage tanks. He then called for
comments from the audience, and there were none.
Responding to Council Member Garcia, Mr. Hennings said that in accordance with Council
policy, the requests for proposals for this item were only submitted to local firms. The local firm that
is being recommended for this contract (Smith, Russo & Mercer Inc.) is associated with the non-
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Regular Council Meeting
October21, 1997
Page 11
local firm of Don Reichle, which will do 25% of the work. He said that is a common way for local
engineers to approach such projects.
Mr. R.H. Shackelford, Director of Engineering Services, said that if for some reason the sub -
consultant Don Reichle does not perform, it is incumbent upon the consulting firm with whom the
city has a contract to provide that expertise as part of their contract, which he briefly described. Mr.
Garcia expressed concern that the sub -consultant may perform more than 25% of the contract, which
would violate the Council's policy. Mr. Hennings replied that in the process of reviewing the
submittals from the consultants, city staff is usually able to determine the extent of participation by
the sub -consultant; if there were cause to believe that something was askew, the city could invoke
the necessary clause in the contract and conduct an audit.
Mr. Garcia asked about minority participation in these contracts, and Mr. Hennings replied
that under state law, the selection of a firm under a professional services agreement must be based
on qualifications.
Council Member Capelo asked if the number of tanks that a firm had inspected was the
qualifying standard that was used, and Mr. Shackelford replied that it was not; the standard used was
the firm's amount of experience.
City Secretary Chapa polled the Council for their votes as follows:
7.a. ORDINANCE NO. 023106
Ordinance appropriating $419,400 from the Combined Utility Systems Unreserved Fund
Balance; amending Ordinance No. 022993, which adopted the FY 1997-98 Budget, by
adding $419,400 to the Combined Utility Systems Fund; transferring $419,400 to and
appropriating $419,400 in the No. 205 Water Capital Projects Fund for the Elevated Storage
Tanks Inspection and Rehabilitation project; amending the FY 96-97 Capital Budget adopted
by Ordinance No. 022742, by adding $419,400 to the Water Program.
An emergency was declared and the foregoing ordinance passed by the following vote:
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo and
Garcia voting "No"; Cooper absent.
7.b. M97-305
Motion authorizing the City Manager or his designee to execute the Contract for Engineering
and Consulting Services for the Elevated Storage Tanks Inspection and Rehabilitation project
with Smith, Russo and Mercer, Inc. for a fee not to exceed $419,400.
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Regular Council Meeting
October 21, 1997
Page 12
The foregoing motion passed by the following vote: Gonzales, B. Longoria, J. Longoria,
Martin, McNichols, and Neal voting "Aye"; Capelo and Garcia voting "No"; Cooper absent.
7.c. RESOLUTION NO. 023107
Resolution expressing the intent to reimburse the Combined Utility Systems Fund for costs
of certain water system improvements to be made as part of the Elevated Storage Tanks
Inspection and Rehabilitation project.
The foregoing resolution passed by the following vote: Gonzales, B. Longoria, J. Longoria,
Martin, McNichols, and Neal voting "Aye"; Capelo and Garcia voting "No"; Cooper absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 8, ground level storage tanks. He then called for
comments from the audience.
Mr. Jimmie Till asked if engineering services are required to bid on projects like this. Mr.
Hennings replied that state law prohibits them from bidding.
In reply to Council Member Garcia, Mr. Shackelford said that as stated in the contract, the
engineering consultant would make monthly inspections at the project site. He also described the
different expertise that is needed to inspect the elevated storage tanks versus the ground level storage
tanks. Mr. Garcia asked other specific questions concerning the contract, and Mr. Shackelford
acknowledged that there was a typographical error in the proposed project schedule --the construction
completion date should be February 12, 1999.
Responding to Council Member Martin, Mr. Shackelford said that 32 firms were sent a
request for proposals, and seven firms submitted proposals for this project. Mr. Martin said that if
the firms on the "short list" are competent to perform the work, the city generally tries to award
contracts to a variety of firms.
Council Members Capelo and Gonzales asked several questions about the selection process
involved, which Mr. Hennings and Mr. Shackelford explained. A discussion ensued. City Attorney
Bray said state law requires that for engineers and architects, the entity shall determine the most
highly qualified proposer and attempt to negotiate a reasonable price with them; if that is not
possible, the second most qualified proposer is used. He said the process to determine the most
qualified proposer is not specified. Mr. Bray also said the law carries some implication that
proposals have to be sought, but if the city had a contract for which one entity was clearly the most
qualified, the city could go to that company directly and negotiate. Mr. Martin said that based on Mr.
Bray's comments, he would like a legal opinion on the contract that the city let a few weeks ago
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Regular Council Meeting
October 21, 1997
Page 13
where the city did not seek proposals.
Council Member McNichols said he could not think of any time in the last seven years where
the process has not worked, and he said the Council should not be in the business of trying to
"micro -manage" the selection of engineering firms. Dr. Gonzales said he did not think the Council
was doing that, and he and Mr. Capelo added that it was important for the Council to receive the
information they need.
City Secretary Chapa polled the Council for their votes as follows:
8.a. ORDINANCE NO. 023108
Ordinance appropriating $326,293 from the Combined Utility Systems Unreserved Fund
Balance; amending Ordinance No. 022993, which adopted the FY 1997-98 Budget, by
adding $326,293 to the Combined Utility Systems Fund; transferring $326,293 to and
appropriating $326,293 in the No. 205 Water Capital Projects Fund for the Ground Storage
Tanks Inspection and Rehabilitation project; amending the FY 96-97 Capital Budget adopted
by Ordinance No. 022742, by adding $326,293 to the Water Program.
An emergency was declared and the foregoing ordinance passed by the following vote:
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo and
Garcia voting "No"; Cooper absent.
8.b. M97-306
Motion authorizing the City Manager or his designee to execute the Contract for Engineering
and Consulting Services for the Ground Storage Tanks Inspection and Rehabilitation project
with Shearer, Coym and Rehmet Engineering Co. for a fee not to exceed $326,293.
The foregoing motion passed by the following vote: Gonzales, B. Longoria, J. Longoria,
Martin, McNichols, and Neal voting "Aye"; Capelo and Garcia voting "No"; Cooper absent.
8.c. RESOLUTION NO. 023109
Resolution expressing the intent to reimburse the Combined Utility Systems Fund for costs
of certain water system improvements to be made as part of the Ground Storage Tanks
Inspection and Rehabilitation project.
The foregoing resolution passed by the following vote: Gonzales, B. Longoria, J. Longoria,
Martin, McNichols, and Neal voting "Aye"; Capelo and Garcia voting "No"; Cooper absent.
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Regular Council Meeting
October 21, 1997
Page 14
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 9, supply agreement for security services. He then
called for comments from the audience, and there were none.
Council Member Capelo asked why bid invitations were not sent out to all of the security
companies in Corpus Christi. Mr. F.D. Glenn, Purchasing Agent, said the bidders' list evolves over
a period of time; for example, if companies do not respond to bid invitations, the city does not
continue to send them. He said it is not that the city is trying to eliminate anyone, but rather some
companies have been unresponsive to the bid invitations.
Mr. Hennings further explained that it is not staff's policy to send bid invitations to every
firm in the Yellow Pages, but they do maintain a bidders' list. He said security contracts come up
for bids every year so it is an ongoing process and companies call the city and ask to be included on
the bidders' list. In addition, staff holds workshops and contacts new businesses to determine if they
would be interested in bidding on city contracts in general. Mr. Capelo said he thought that policy
needed to be reviewed to ensure that small businesses have equal opportunities to receive contracts
with the city.
Mr. Capelo also expressed concern about specific aspects of the security contract, adding that
the bidders should have been required to conduct a site visit of the city facilities in the contract. Mr.
Art Sosa, Facilities Manager, replied that it was not mandatory because if one company was not able
to make a site visit, they would have charged that they were excluded. He said they gave the bidders
the option, and they were told that their failure to visit the facilities did not relieve them of their
responsibilities. A discussion ensued, including specific training requirements of the security guards.
Council Member Garcia echoed some of Mr. Capelo's concerns about the bidders' list. Mr.
Hennings stated that there are two other outreach programs --the Minority Business Opportunity
Committee (MBOC) and the Small Business Development Center of the Greater Corpus Christi
Business Alliance. Responding to Mr. Capelo, Mr. Glenn said they do not send bid invitations to
those organizations. Mr. Hennings said he would provide more information on that issue.
In reply to Council Member Martin, Mr. Hennings said he thought MBOC acquired bid
information from the city on its own. Mr. Martin said there was a need to better assist small
businesses in the community in securing city contracts, including involvement by MBOC.
Mr. Capelo implored the Council members to consider the issues that were raised about this
contract, including the site visits and concerns about adequate security inside City Hall and outside
the Central Library. He said based on those reasons, he thought the Council should vote against this
recommendation.
Minutes
Regular Council Meeting
October 21, 1997
Page 15
Council Member McNichols asked Mr. Glenn if the bidding process for this contract --
including the specifications required, the number of bid invitations sent, and staff's tabulation and
recommendation for awarding the contract --was outside the normal process; Mr. Glenn replied that
it was not.
Responding to Council Member John Longoria, Mr. Glenn stated that since this contract
involves a bid, staff has already determined what will be required of the security employees at the
city facilities. He said in a proposal staff would ask the businesses to explain how they would
address the problems; another discussion ensued about requirements of the security personnel and
the cost of supplying those services.
Mr. Martin asked if this contract could be considered as a proposal. City Attorney Bray
replied that he did not think it could be considered under professional services, but he thought it
could be considered under the public safety exception to the competitive bid law. Mr. Martin asked
about the current status of security services, and Mr. Glenn said the current contract holder, Stanley
Smith Security, is providing security on a week -to -week basis because their contract expired and
they opted not to submit another bid.
Council Member Gonzales asked about safety requirements in the contract, and Mr.
Hennings replied that the contract specifies the minimum service that the contractor must provide;
that does not mean it is the minimum safety factor. Dr. Gonzales said if more funding is needed to
provide better security, the Council needs to know so they can find that funding. Mr. Herbert
Canales, Director of Libraries, said that under the existing bid, they could increase the number of
security staff hours based on the hourly rate, but they do not have the funds to do that at this time.
A representative of Murray Guard Inc., the company recommended for the bid award, assured
the Council that safety is their primary concern. He said if they do receive the bid award, they will
meet with staff to discuss the city's and the company's procedures. He added that he toured the three
facilities (Central Library, City Hall, and Stevens Water Treatment Plant) included in this contract.
City Secretary Chapa polled the Council for their votes as follows:
9. M97-307
Motion approving a supply agreement with Murray Guard Inc., Jackson, Tennessee, for
uniformed guard security service for City Hall, the Central Library and the O.N. Stevens
Water Treatment Plant in accordance with BI No. BI -0018-98 based on low bid for an
estimated annual expenditure of $194,450.75. The term of the contract will be for twelve
months with an option to extend for up to two twelve month periods subject to the approval
of the supplier and the City Manager or his designee. Funds have been budgeted by the
using departments in FY 97-98.
Minutes
Regular Council Meeting
October 21, 1997
Page 16
The foregoing motion passed by the following vote: Garcia, Gonzales, B. Longoria, J.
Longoria, McNichols, and Neal voting "Aye"; Capelo and Martin voting "No"; Cooper
absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 10, quality control testing and liner evaluation at the
Elliott Landfill. He called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
10. M97-308
Motion authorizing City Manager or his designee to execute a contract with Trinity
Engineering Testing Corporation for a fee not to exceed $23,031 for Quality Control
Testing/Soil and Liner Evaluation Report for the J.C. Elliot Landfill Compost Facility
Project.
The foregoing motion passed by the following vote: Garcia, Gonzales, B. Longoria, J.
Longoria, Martin, and Neal voting "Aye"; Capelo, Cooper and McNichols absent.
* * * * * * * * * * * *
*
Mayor Neal opened discussion on Items 11, 12, and 13 regarding evaluation reports,
equipment rental, and supply agreements for sand. gravel and tire chips for the Elliott Landfill. He
called for comments from the audience, and there were none.
With regard to Item 13, Council Member Martin said he thought the city had developed its
own chipping materials. Mr. Andres Leal, Director of Solid Waste Services, said these products are
different in that they are an integral part of the liner system itself. He added that these amounts are
consistent with the amounts budgeted in the solid waste plan. Mr. Martin pointed out that the city
is saving money because staff is constructing the liner themselves rather than bidding out the project.
City Secretary Chapa polled the Council for their votes as follows:
11. M97-309
Motion authorizing the City Manager or his designee to execute a contract with Trinity
Engineering Testing Corporation for a fee not to exceed $75,860 for Quality Control Testing,
Soil and Liner Evaluation Report/Flexible Membrane Liner Evaluation Report/Ballast
Evaluation Report for the J.C. Elliot Landfill Expansion Sector 7 Liner Improvements.
Minutes
Regular Council Meeting
October 21, 1997
Page 17
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent.
12. M97-310
Motion approving the rental of equipment from the following companies based on low bid,
low bid meeting specifications and only bid accordance with Bid Invitation No. BI -0009-98.
The equipment, including two dozers, soil compactor, pad foot vibratory soil compactor,
excavator, motor grader, smooth drum roller, and a water wagon, will be used by the Solid
Waste Services Department for the Sector 7 Liner and Compost Facility Construction
Project. Terms of the contracts vary according to the need of each piece of equipment, with
the project being completed in approximately 10 months. Funding is available from the
Texas Natural Resources Conservation Commission Compost Facility Project Grant and
Sector 7, Landfill Improvement Bond.
Waukesha -Pearce Ind.
Corpus Christi. TX
Bid Items 1,2,5,6,7
Total $107,331.40
Holt Co. Of Texas
Corpus Christi. TX
Bid Items 3 and 8
Total $122,764
Grand Total $245,175.40
Hertz Equip, Rental Corp.
Corpus Christi TX
Bid Item 4
Total $15,080
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent.
13. M97-311
Motion approving supply agreements with the following companies for sand, gravel and tire
chips in accordance with Bid Invitation No. BI -0010-98, based on low bid and low bid
meeting specifications. The term of the contracts will be twelve months with option to extend
for up to six additional months subject to the approval of the supplier and the City Manager
or his designee. The material will be used by the Solid Waste Services Department in the
Sector 7 Liner Project . Funding is available from the Sector 7 Landfill Improvement Bond.
Suntide, Inc.
Corpus Christi. Tx
Bid Item 1
Total $189,000
Bay, Ltd.
Corpus Christi TX
Bid Item 2
Total $24,380
Grand Total $273,080
Gibson Recycling, Inc.
Corpus Christi TX
Bid Item 3
Total $59,700
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent.
Minutes
Regular Council Meeting
October 21, 1997
Page 18
Mayor Neal opened discussion on Item 14, request for proposals for the group health
insurance program. He called for comments from the audience, and there were none.
City Manager Hennings explained that the city's current two-year contract with Humana
Insurance Company will expire on February 28, 1998. He said there are two one-year options to
extend that contract, and he is recommending that the city not extend the contract but rather request
proposals for a new contract. He said he would propose that the RFPs continue the same health
insurance program with some exceptions, the first being the elimination of the Citicare-QPlus plan,
which currently consists of about 50 employees (50% retirees and 50% active employees). Mr.
Hennings said he thinks they are paying more in additional premiums than they realize in benefits
from the lower co -pays and deductibles.
He went on to say that the policy established by the City Council is that the city basically
pays the cost for employee health insurance coverage; for dependent coverage, the city pays 50%
and the employee pays 50%. And the policy says that premiums that are paid by retirees are the same
as for active employees that are paid in combination by the city and by the active employees.
Mr. Hennings said he is also proposing the RFP require that the bidder give the city a
proposed premium schedule (the basic premium that would apply to the employees in the Citicare
plan), and then inform the city if there will be an additional premium that should be charged to
Police and Fire employees. Also, he thinks it would be beneficial to ask the successful bidder to offer
an HMO to the employees at the employees' option. He said the goal is to encourage employees who
currently do not purchase dependent coverage to do so through the lower-priced HMO dependent
coverage.
Mr. Hennings said an improvement team consisting of employees and retirees has been
working with Humana, resulting in substantial improvements in Humana's service. During
negotiations with Humana about extending their contract, he said they were not successful in
reaching an agreement that he thought was fair and reasonable, so he is asking the Council to allow
the city to go out for RFPs. He said Humana did make a suggestion for lowering costs that staff and
the improvement team think should be considered: increase the cost for non -generic prescription
drugs from $10 to $25.
Responding to Council Member Martin, Mr. Pat Alba, Director of Risk Management, said
the city would request proposals for both the self-insured option and the fully insured option. He said
staff will compare the fee schedules provided by a network of hospitals and physicians associated
with a self-insured plan with the fee schedules provided for fully insured plans; the self-insured plan
would also include the administrative and reinsurance costs. Mr. Martin and Mr. Alba also discussed
a possible increase in the rates and the issue of confidentiality. Mr. Hennings pointed out that a pre-
Minutes
Regular Council Meeting
October 21, 1997
Page 19
bid conference is scheduled for November 10th.
Council Member Capelo asked Mr. Hennings why he thought his recommendation was in
the best interest of the city. Mr. Hennings replied that they believe it is the only way to assure that
they are going to get a fair and reasonable price on the group health insurance. Mr. Capelo expressed
concern about the recommendation.
In reply to Council Member Gonzales, Mr. Hennings further described the HMO option, and
Dr. Gonzales emphasized the need for dependent coverage, particularly for low-income families. He
and Mr. Alba also responded to Council members' questions regarding costs for prescriptions, in-
patient and out-patient care, and dependent coverage.
City Secretary Chapa polled the Council for their votes as follows:
14. M97-312
Motion approving the City Manager's recommendation for the City to release a Request for
Proposals for the Group Health Insurance Program.
The foregoing motion passed by the following vote: Garcia, Gonzales, B. Longoria, J.
Longoria, Martin, and Neal voting "Aye"; Capelo voting "No"; Cooper and McNichols
absent.
*
* * *
Mayor Neal opened the public hearing for Item 15, annexation of six tracts of land coming
out of the Wood River development area, generally located 11/2 miles west of the Five Points area
and to the north of FM 624. Five tracts are out of a 400.00 acre tract out of the Mariano L. De
Herrera Grant Abstract 606, Nueces County, Texas, recorded in Volume 300, Page 153, Deed
Records, Nueces County, Texas, and a 205.80 acre tract recorded in Volume 261, Page 235, Deed
Records, Nueces County, Texas. The sixth tract contains .5001 acres and is coming out of the north
portion of Lot 1, Annex No. 2 to the Nueces River Irrigation Park which is recorded in Volume 40,
Page 50, Deed Records, Nueces County, Texas.
Mayor Neal called for comments from the audience, and there were none. Council Member
Martin made a motion to close the public hearing, seconded by Council Member Garcia, and passed
unanimously (Cooper and McNichols absent).
Mr. Martin asked if these annexations were voluntary, and Mr. Brandol Harvey, Director of
Planning and Development, replied that they were.
Minutes
Regular Council Meeting
October 21, 1997
Page 20
* * * * * * * * * * * * *
Mayor Neal called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 16 through 21, and Council members requested that
Items 18 and 21 be withheld for discussion. There were no comments from the audience on any of
these items. City Secretary Chapa polled the Council for their votes and the following were passed:
16. M97-313
Motion approving supply agreements with the following companies for the following
amounts for large lamps in accordance with Joint Governmental Purchasing Group Bid
Invitation No. JGPG 98-1, for an estimated annual expenditure of $23,145.20, based on low
bid. The terms of the agreements shall be for twelve months with an option to extend for up
to two additional 12 -month periods, subject to the approval of the suppliers, the Joint
Governmental Purchasing Group, and the City Manager or his designee. Estimated large
lamp use by the City is: incandescent- 7,665; fluorescent -8,792; high intensity -310; quartz -
170; and stage, studio & projector lamps -117. Funds have been budgeted by the using
departments for FY 97-98.
Consolidated Electric Co.
Corpus Christi. TX
(Group 1 & 5)
$9,140.83
American Light
Corpus Christi. TX
(Group 2 & 4)
$10,587.39
Grand Total $23,145.20
Graybar Electric
Corpus Christi. TX
(Group 3)
$3,416.98
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent.
17. M97-314
Motion approving a supply agreement with US Filter / Distribution, Corpus Christi, Texas
for approximately 1,661 ductile iron mechanical joint, flanged and swivel fittings and
approximately 5,388 related accessories in accordance with Bid Invitation No.BI-0203-97,
based on low bid for an estimated annual expenditure of $62,273.99. The term of the contract
will 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 are purchased into the Warehouse Inventory and charged out to the Water and
Wastewater Departments.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent.
Minutes
Regular Council Meeting
October 21, 1997
Page 21
19. M97-316
Motion authorizing the City Manager, or his designee, to execute a contract in the amount
of $96,250 with BarCom, Corpus Christi, Texas for restroom improvements at the American
Little League and Universal Little League ball fields.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent.
20. ORDINANCE NO. 023110
Authorizing the City Manager or his designee to execute a 10 -year lease with Corpus Christi
Independent School District for approximately 1.34 acres at Long Meadow Drive and
Merganser Street in consideration of Corpus Christi Independent School District installing
and operating a covered play slab with basketball equipment.
The foregoing ordinance passed on second reading by the following vote: Capelo, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols
absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 18, health screening services through Spohn Health
Systems.
Council Member Garcia asked if this would require a request for proposals. Mr. Hennings
explained that this is part of an ongoing study and the provider is subsidizing this program. Mr. Alba
further described the nature of the health screenings as part of the study.
City Secretary Chapa polled the Council for their votes as follows:
18. M97-315
Motion authorizing the City Manager or his designee to execute a one-year contract with
Spohn Health Systems for health screening services, with a renewal option for an additional
one year term. The estimated annual cost for FY 1997-1998 is $23,400. The estimated cost
for an additional one year term is also $23,400 for FY 1998-1999.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent.
Minutes
Regular Council Meeting
October 21, 1997
Page 22
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 21, Minority Business Opportunity Committee.
Responding to Council Member Garcia, Mr. Hennings said it was the request of the MBOC
Program Steering Committee to reduce the size of its membership because of the difficulty in having
a quorum at their meetings.
City Secretary Chapa polled the Council for their votes as follows:
21. ORDINANCE NO. 023111
Amending the City of Corpus Christi Code of Ordinances by amending Chapter 2,
Administration, Division 12, by amending Sections 2-140 and 2-141 by changing the Corpus
Christi Bay Area Minority Business Opportunity Committee Program Steering Committee
Membership by revising minimum and maximum membership limits.
The foregoing ordinance passed on second reading by the following vote: Capelo, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols
absent.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Hennings said Mr. Carl Crull, Assistant
City Manager for Public Works and Utilities, would give the weekly update on the Wesley Seale
Dam stability analysis. Mr. Crull said that during the week of October 10-15 field work to complete
the instrumentation was delayed due to the heavy rains and water released at the dam. On the north
spillway, soil sample testing is about 50% complete, and it is 40% complete on the south spillway;
instrumentation, monumentation, and alignment/elevation points remain 95% and 87% complete
respectively.
Mr. Hennings said the major item for next week's Council meeting would be the Community
Youth Development program grant and the agreements with the subcontractors in the 78415 Zip
code area.
Mayor Neal referred to a letter from Moody High School requesting that a Council meeting
be held there on January 27, 1998. He said he had discussed that issue with Council Member John
Longoria since the school is located in his district, and with City Secretary Chapa, who had
responded with a letter outlining the concerns involved.
Responding to Mr. Longoria, Mr. Chapa explained that if the Council meeting was held at
Minutes
Regular Council Meeting
October 21, 1997
Page 23
Moody, they would not be able to televise it live on the government access channel. He said they
could videotape the meeting and televise it the next day. He said the last meetings the Council held
out in the community were in 1988. He said they also needed to be careful about posting hearings
for that meeting. Mayor Neal asked Mr. Hennings to include this issue on next week's agenda for
discussion.
Council Member Garcia made a motion to direct staff to prepare to hold a City Council
meeting at Moody High School on January 27, 1998; seconded by Council Member Gonzales.
Council Member Martin stated that citizens are used to watching City Council meetings live
on Tuesdays, and that perhaps it might be better to hold an abbreviated meeting at Moody High
School when staff could make presentations to the Council on several items, such as the budget.
The motion passed unanimously (Cooper and McNichols absent). Mayor Neal said he
thought they would have a special Council meeting at Moody on that date, and a regular Council
meeting on February 3, 1998.
The Mayor asked Mr. Hennings to make a recommendation next week on some alternative
funding sources for the Police Department outside study. He also announced that 1,419 people voted
October 20th during the first day of early voting for the November 4th election.
Council Member Betty Jean Longoria requested information on the criteria for naming the
members of the board of the Greater Corpus Christi Business Alliance. A brief discussion ensued,
and Mr. Hennings said staff would provide that information next week.
Council Member Martin said there was a surplus in the Law Enforcement Trust Fund (drug
fund), and he thought those monies could be used to pay for the study of the Police Department; Mr.
Hennings agreed that he thought they could.
There being no further business to come before the Council, Mayor Neal declared the
Council meeting adjourned at 7:25 p.m. on October 21, 1997.
* * * * * * * * * * * * *