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HomeMy WebLinkAboutMinutes City Council - 07/14/1998I 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 July 14, 1998, which were approved by the City Council on July 21, 1998. WITNESSETH MY HAND AND SEAL, this 21st day of July, 1998. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 14, 1998 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Dr. Arnold Gonzales Council Members: Javier D. Colmenero Melody Cooper* Alex L. Garcia Jr. Betty Jean Longoria John Longoria Edward A. 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 Rev. Edward Seeger, Metro Ministries, following which the Pledge of Allegiance to the flag of the United States was led by members of Cub Scout Pack 289 from Ss. Cyril and Methodius Church. 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 June 30, 1998, and there being no corrections, he proclaimed them approved as presented. *Council Member Cooper arrived at 2:03 p.m. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Donald Suiter expressed concern about gang activity, and he listed three areas of urgent Police Department needs --equipment, including state-of-the-art firepower; electronics, such as long- range "snooping" devices and recorders; and additional patrols, such as riot and SWAT patrols. Mr. Phil Rosenstein said that during the last Council meeting, he heard Mayor Neal tell staff that he had wanted a budget without a tax increase; however, he said, every department head who addressed the Council requested more money and more employees. He referred to the Wesley Seale Dam, the seawall, and the Gateway Project, and he said city staff is not communicating with the Council, and the Council is responsible for what the staff does. Minutes Regular Council Meeting July 14, 1998 Page 2 Mr. Luis Corona, 2805 David St., raised the issue of street manholes that have been covered up and street repairs that are not leveled off, particularly in the areas of Staples and Comanche streets. City Manager Hennings said there is a backlog of manhole level -ups that are being processed, but the current situation is being well-managed. Mr. Jack Gordy, 7226 Owen Court, said he had previously appeared before the Council (most recently on June 16, 1998) regarding the issue of illegal signs in public street right-of-ways. He said that on that date the City Manager was directed to send out notices to the developers and the realtors about illegal signs. He said during two recent weekends he counted at least 200 illegal signs, and he added that Mr. Hennings and Mr. Tom Utter, Assistant City Manager for Development Services, had cost the city $26.8 million because they had not done their jobs. Mayor Neal asked Mr. Gordy how he arrived at that figure. Mr. Gordy replied that he had received a notice saying that the fee for each illegal sign was $1,000 per day. Mr. Hennings said the Council's action on that issue was to refer it to the Planning Commission for a recommendation, for which they are waiting. Ms. Mary Beth Nelson, 2721 Erie Dr., said that although most of the firefighters' widows' pensions have been brought up to the poverty level, there are still eight elderly firefighters' widows living far below poverty. She said a resolution has been prepared in which the City Council would ask the State Legislature to rectify that situation. Council Member Martin pointed out that the Council did not have that resolution before them for consideration. Mr. Hennings said last week he had received the response from the Firefighters Pension System Board, and he planned to bring this item to the Council next week or the week after. Mr. R.F. Hasker, 1813 Wallace, distributed information to the Council regarding desalination, which he said was compiled by competent engineers. Mr. Irving Dietz, 455 Miramar, said that while he was pleased that action was finally being taken on the Fire Station No. 4 project, which was included in the 1986 bond program, he was not satisfied with the explanation for its delay, which he explained. He said it appears the city has been paying interest on the bonds since 1992. Mr. Hennings replied that the city has been paying interest on the bonds but it has also been earning interest on the bond proceeds. He explained that the project was delayed primarily for two reasons: the 1986 projections for growth in the area of the proposed fire station were not achieved (the actual growth was somewhat less); and the economic assumptions for 1986 were not realized, which caused the bond program to be spread out over more years. Mr. Roy Martinez quoted from sections of the city's Code of Ordinances regarding the Ethics Commission, which states that "the commission shall have such meetings as may be necessary to fulfill its responsibilities"; however, he said, they have not met since March 23, 1994. Mr. Martinez said that according to the ordinance, the Ethics Commission's duties include preparing and publishing pamphlets; reviewing all statements and reports filed with the city; annually reviewing the Code of Ethics and making appropriate recommendations to the City Council; and other duties. Minutes Regular Council Meeting July 14, 1998 Page 3 He said the Ethics Commission is in violation of the City Charter, the ordinance, and the Code of Ethics, and he said all members of the commission should resign and new members be appointed. Mr. Hennings said the Ethics Commission is scheduled to meet on July 29, 1998. Mr. J.E. O'Brien, 4130 Pompano, complimented the Mayor on his comment during the last Council meeting in which he said it was going to be very difficult for him to support the proposed operating budget. Mr. O'Brien noted that a public hearing on the budget would be held at the day's meeting, and he said that the Council member who said it is immaterial what the public thinks should recuse himself from any public hearing. He also referred to the issue of hiring consultants, and he cited an opinion from the District Attorney of Bexar County regarding the use of public funds for lobbying activities. He said he will propose that the Corpus Christi Taxpayers Association consider researching that issue and determine whether to commence litigation. Mr. O'Brien also said that it appears the City Manager cannot enforce the constitution. * * * * * * * * * * * * * Council Member Cooper presented gifts to Mayor Neal from the residents of the Sister City of Agen, France. Mrs. Cooper, Ms. Martin Balme, a member of the Sister City Committee, and Ms. Toni Vicario, who represented tourism, recently traveled to Agen to participate in the ceremony formally ratifying the Sister City relationship between Corpus Christi and Agen. * * * * * * * * * * * * * Mayor Neal opened discussion on Item J., a public hearing on the proposed FY 98-99 operating budget. Mr. J.E. O'Brien, President of the Corpus Christi Taxpayers Association, said the Council has some very difficult decisions regarding this budget. He said he did not think the Mayor's question about the 5% and 10% reductions in the budget had been answered by staff. Mr. O'Brien noted that citizens pay many different kinds of taxes and they are growing tired of tax and fee increases. He also referred to the truth in taxation provisions in the law, and he alluded to specific revenue and expenditure amounts in the proposed budget. He read from a Citizens Against Government Waste Taxpayers' Reform Program for the '90s, and he implored the City Council to scrutinize the budget, reduce expenditures, and learn to live within a budget as the citizens have to. Mr. Abel Alonzo spoke in support of the Downtown Management District and the Greater Corpus Christi Business Alliance. He said some people choose to see negative aspects of the community but the Council has chosen to focus on the positive elements, and they will be criticized for supporting agencies that, in turn, can increase the city's tax base. Ms. Gilna Nance, representing Volunteer Center of the Coastal Bend, said that organization Minutes Regular Council Meeting July 14, 1998 Page 4 has been working with the Municipal Court for several years in processing the alternative sentencing referrals for the court. She said the Volunteer Center's proposed budget is $34,205, and they are requesting $20,000 from the city. She said the estimated cost for city employees to perform those services is $29,920. Ms. Nance then replied to Council members' questions. Mr. Ken Griffin, Chairman of the Downtown Management District (DMD), thanked the Council for their past support. He said the $100,000 that the DMD receives from the city is used to cover the DMD's operation and administration expenses. The monies generated from the taxes the downtown businesses impose upon themselves are used for capital improvements and services within the district, including downtown lighting improvements, a housing study, sidewalk cleaning services, a downtown banner program, among other projects. He said the city's continued support is critical to the DMD's success. In response to questions, Mr. Griffin and Mr. Hennings briefly described the city's contract with the DMD. Mr. Louis Lovelace said the downtown business people should not be subsidized by the rest of the taxpayers. Mr. Joe Fulton, Chairman of the Greater Corpus Christi Business Alliance, said that organization, which is in its fifth year of operation, represents over 1,700 area businesses. He referred to a letter signed by members of the Alliance's Business Recruitment Committee and economic development trustees, wherein they requested an increase in the city's payment to the Alliance to reflect an inflation adjustment of $41,250, which would make the city's total investment in economic development $316,250. Ms. Char Beltran, the Alliance's Vice President for Tourism, said the Alliance is also requesting an additional amount of the hotel occupancy taxes collected by the city in order to implement several new programs, including a tracking program to measure results of their expenditures; a visitor profile; an aggressive marketing program to attract Mexican travelers; and pursuit of domestic Hispanic meetings and conventions. She said the Alliance is proposing to postpone some Convention and Visitors Bureau budget requests in the amount of $150,000, for a revised request of an additional $145,000. In response to Council Member John Longoria, Mr. Hennings said the Alliance had not totally withdrawn their original request for $40,000 for the South Texas Military Facilities Task Force, since they had stated that they intend to present a revised request later in the year. He said the Council has historically financially supported the task force, and he was recommending that the $40,000 be the first priority in response to the Alliance's proposal. With regard to the tourist and convention portion of the Alliance's request, Mr. Hennings pointed out that the increase in the hotel occupancy tax is a result of a combination of factors: an increase in the number of available hotel rooms; a higher occupancy rate; and an increase in the room charges. Minutes Regular Council Meeting July 14, 1998 Page 5 Replying to Council Member Gonzales, Mr. Fulton reiterated that the Alliance was withdrawing its request at this time for $40,000 for the Military Facilities Task Force. He said there is a difference of opinion as to when the task force's efforts need to begin. He noted that Mayor Neal is the Chairman of that task force and he will defer to the Mayor's recommendation regarding the task force. Dr. Gonzales asked about the task force's origination, and Mayor Neal explained that in 1991 when the military base in Beeville was closed, it was determined that the Military Affairs Committee of the Chamber of Commerce needed to be re-formed so as to include the military facilities in Kleberg, Aransas, San Patricio, and Nueces counties. Subsequently, the South Texas Military Facilities Task Force was organized and it consists of representatives of governmental entities, industry, and other public bodies in the four -county area. He said that through the 1993 and 1995 rounds of base closures, South Texas was the only area in the country that did not lose military/civilian payroll but actually increased payrolls. The Mayor further explained the task force's funding and its efforts to maintain a presence on both the state and federal levels. He said the formation of the Strategic Military Commission (of which the Mayor is a member) for the first time provides for the development of a statewide strategy on that issue. Dr. Gonzales referred to a recent newspaper article regarding the transfer of 470 jobs from Kelly Air Force Base in San Antonio, which was ordered closed during the 1995 round of base closures. He said the South Texas Military Facilities Task Force received the information from San Antonio about the job transfers, and a resolution regarding the jobs never made it beyond an Alliance committee. He said the Corpus Christi City Council was not informed of the situation and was not given the opportunity to take action in support of bringing the jobs to the Corpus Christi Army Depot. In response to Dr. Gonzales, Mr. Fulton explained that the request for a resolution came from the president of the San Antonio Chamber of Commerce to Mr. Gary Bushell, Executive Director of the Alliance. He said that information was not given to the South Texas Military Facilities Task Force but it was discussed by the Alliance's Public Affairs Council, which recommended that a resolution be approved. The Alliance's Executive Committee initially shared that recommendation, but then they determined that such a resolution would not be appropriate. Mayor Neal said that if Dr. Gonzales has a problem with the way the South Texas Military Facilities Task Force is run, they should discuss it at another time, since the Council meeting was not the proper place to do so. Replying to Council Member McNichols, Mr. Fulton explained that the Alliance would like to maintain the previous funding amount of $275,000 for economic development services, and they are requesting $41,250 over that amount, for a new total of $316,250. Mr. Longoria asked if San Patricio and Kleberg counties are beneficiaries of the efforts of the South Texas Military Facilities Task Force, and Mayor Neal replied affirmatively. Mr. Longoria Minutes Regular Council Meeting July 14, 1998 Page 6 asked what those two counties' contribution is to the task force, and Mr. Fulton said he thought it consisted of in-kind services. Mr. Longoria commented that he lived in Beeville when Chase Field was closed, and it was a great loss to the community. In response to Council Member Colmenero, Ms. Beltran said that in order to reduce their budget request this year, the Alliance is recommending postponing some marketing programs until next fiscal year, which she explained. Dr. Gonzales and Mrs. Longoria expressed support of the Latin marketing program. Ms. Beltran also explained how the Alliance works with people who are coordinating conventions in Corpus Christi. With regard to the issue of the Kelly Air Force Base jobs, Mrs. Longoria said the Council needs to be kept informed rather than reading about it in the newspaper. She added that she wished the situation had been resolved differently. Dr. McNichols asked about the restrictions on the use of hotel occupancy taxes. Mr. Hennings said they must be used primarily for the development of the tourist and convention industry in the city, which he further explained. He pointed out that those tax revenues are not sufficient to fund all of the eligible needs in the community. Council Member Martin suggested that staff consider repealing two resolutions that had been passed 15 years ago establishing reserve funds when they are available for Convention Center maintenance. He pointed out that it has been about 10 years since funds were available for that use. In reply to Dr. Gonzales, Mr. Bushell said the Alliance's request for an additional $41,250 for economic development services is an adjustment for inflation since the last adjustment in the fixed amount occurred in 1992. He added that the Alliance was also requesting that inflation adjustment from the other public entities that fund it--Nueces County and the Port of Corpus Christi Authority. They are asking that economic development funding be indexed in future years to avoid eroding its purchasing power. He said the Alliance's total budget for economic development is $678,000, and he added that the Alliance is currently recruiting a director of business development. Mr. Tony Swainey, Managing Director of the Corpus Christi Omni Hotels, said 26 members of their staff had come to the Council meeting to lend their support to the Alliance's budget proposals, particularly the Alliance's Convention and Visitors Bureau. He praised the Alliance's professional leadership and accountability and urged the Council to approve their budget. Mr. Steve Ordahl, Director of the Texas State Aquarium, also spoke in support of the Alliance, and he emphasized the importance of tourism promotion. He said since the Aquarium opened in 1990, over 4 million people --most of whom live outside Corpus Christi --have visited the facility and they have generated hundreds of millions of dollars. Capt. Rocco Montesano, Executive Director of the U.S.S. Lexington Museum on the Bay, said he was the Commanding Officer of the Naval Air Station in Corpus Christi during the last round Minutes Regular Council Meeting July 14, 1998 Page 7 of the Base Realignment and Closure Commission. He said as a result of the South Texas Military Facilities Task Force's leadership and efforts, NAS Corpus Christi avoided being closed and actually grew in size. With regard to the Alliance's budget, he said without external dollars, which tourism brings, a city can grow flat economically. He said on July 14th the Lexington celebrated its 2 millionth visitor, and about 90% of their visitors come from outside of Corpus Christi, which emphasizes the importance of a strong Convention and Visitors Bureau. Mr. Lovelace questioned the amount of money the Alliance pays for lobbyists in Austin and Washington, D.C. He also questioned whether spending the city's money on the Alliance was a conflict of interest since some Council members are members of the Alliance. Mr. Hasker asked why tourism entities are always requesting more money if tourism is so profitable. He said the taxpayers do not want or need any more increases in fees or taxes. Ms. Ellen Murray, Director of the Asian Cultures Museum and Educational Center, distributed information about the facility, which is the only museum of Asian cultures in Texas and only one of five in the United States. She recognized Ms. Yalee Shih, who was present (one of four Asian board members for the museum). She also expressed her support to the Alliance, which is building its visitor orientation center on the edge of the Asian Museum's parking lot. Ms. Murray described the financial difficulties the museum experienced as a result of a portion of its roof collapsing last September, forcing the museum to close until May. She also described the museum's plans to complete construction of its complex, including a second floor and an Asian garden and exhibit hall. Ms. Carline Shannon Gunter said she had to pay for the notarization of her application to the vacated City Council District 2 position several months ago, for which she wished to be reimbursed. Mr. Bernard Paulson, a member of the Policy Committee of the Corpus Christi Bay National Estuary Program, introduced Mr. Bob Wallace, Co -Chairman of the organization's Management Committee. Mr. Paulson said a four-year study of the estuaries has been completed and has resulted in much information. He said all participants, including the City of Corpus Christi, have the right to withdraw from the program at any time, and all projects that fall totally or partially within the geographic boundaries of a unit of local government would be subject to approval of the local government. In addition, he said any changes to the bays plan, monitoring plans, or federal consistency review plan prior to the scheduled five-year update require the unanimous consent of the Executive Council (of which the city is one of 11 members). Mr. Paulson described the program's funding structure, and he pointed out that they are requesting $75,000 from the city. Dr. McNichols said when the estuary program was first implemented, he reluctantly approved it; one of his concerns was the city's monetary obligation to the program. Mr. Paulson said the program has not cost the city any money to this point. Mr. Hennings said staff has budgeted the Minutes Regular Council Meeting July 14, 1998 Page 8 requested $75,000 in the Stormwater activity in the Combined Utilities Fund. Mr. Wallace explained that Corpus Christi's estuary program has been locally controlled from its inception, unlike the Galveston Bay Estuary Program. He said the $75,000 contribution from the city, which will be requested for many future years, will be spent many times over with federal dollars, which he explained. He said the program's fiscal year begins January 1, 1999, and they hope to be housed at the Port of Corpus Christi and have the Port act as their fiscal agent. Mr. Lovelace urged the Council to not raise his taxes and to stop raising his utilities. He asked them to stop subsidizing large businesses and industry. Mr. Martin made a motion to close the public hearing, seconded by Mr. Garcia, and passed. Mrs. Longoria suggested that staff prepare an estimate of the amount of tax revenue that would be generated if the over -65 homestead exemption was not in effect. Mr. Hennings pointed out that the city's budget does not propose to increase the tax rate. He said that in a 10 -year period, the school district's and the county's tax rates doubled but the other taxing entities in the community maintained a level tax rate during that period. Dr. McNichols added that property values have been rising, which are calculated by the tax appraisal district. ************* Mayor Neal called for a brief recess. * * * * * * * * * * * * * City Manager Hennings announced that there was a fatal accident that afternoon in Jackson County involving an employee of the contractor working on the Lake Texana pipeline. He said the employee broke a gas pipeline and was killed. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, then went on to explain the status of the Lake Texana pipeline. He said that on September 10, 1996, the Council approved an agreement between the city, the Port of Corpus Christi Authority, and the Nueces River Authority that initiated the project, which has involved constructing 100 miles of pipe and three pump stations. The part that remains is about 2,500 feet of 72 -inch pipe from the Nueces River to the O.N. Stevens Water Treatment Plant; all construction should be completed by the end of August. Mr. Crull noted that the contractor is required to pressure -test each segment of line, which is made up of different pressure classes. He said the test involves filling each segment with water up to the operating pressure, holding it there for a period of time, and then making sure there are no leaks. He noted that each five -mile segment of pipe holds about 41/2 million gallons of water, and the physical time involved in transferring the water from one segment to the next is taking more time Minutes Regular Council Meeting July 14, 1998 Page 9 than anticipated. He said 68 miles of line have been tested and they expect to be completed by the end of August. Following that, the line will have to be flushed and the pump stations tested and control systems evaluated. Mr. Crull said the pipeline is expected to be operational by the end of September. Responding to Council Member Martin, Mr. Ed Garen, Water Superintendent, explained that the studies on the water treatment and the distribution system have been completed. Mr. Crull further explained San Patricio's contract regarding taking water from the pipeline. * * * * * * * * * * * * * Mayor Neal returned to the discussion of the proposed FY 98-99 operating budget. City Manager Hennings referred to a memo he distributed to the Council regarding decisions they need to make on the budget, as well as a corresponding spread sheet illustrating possible adjustments to the preliminary budget. The first item is whether to increase funding for street maintenance. He said he was recommending that the street maintenance funding be increased by $671,000, and to partially offset that increase he is proposing the following: increase the revenue from the Southwestern Bell franchise fees - $197,120; eliminate the funding for the study of the Compensation and Classification Plan - $176,500 (General Fund portion); and eliminate the purchase of a fire pumper truck - $250,000. He explained that a ladder truck will be used in place of a pumper truck, which will be put in reserve. Mr. Hennings said those proposals would make an additional $623,620 available in the budget. In a memo, Mr. Ogilvie Gericke, Director of Street Services, said the first priority in unmet needs is the level and seal program for $671,000. The City Manager said the second part of that proposal pertains to the refunding of existing lease/purchase equipment contracts. He referred to a memo from Ms. Dorothea Montoya, City Treasurer, which described the refunding issue; the end result would be a difference of $651,733.13 for FY 98-99. A discussion ensued. The City Manager then referred to a draft letter to Nueces County Judge Richard Borchard and the Commissioners Court regarding road maintenance by Nueces County. In the draft letter, Mr. Hennings pointed out that the $10 fee added to the cost of a vehicle license plate or renewal provides about $2 million annually to the County Road and Bridge Fund, of which 93% is paid by residents or businesses in Corpus Christi. He proposed four street projects in the portions of the four county precincts which fall within the city limits (for a total estimated cost of $917,000). He said the projects could be undertaken in the next 12 months by the county itself or, if they preferred, by the city with reimbursement of the costs by the county. On a related subject, Mr. Hennings pointed out that the Street Department's unmet needs will continue to grow every year unless a preventive maintenance program is implemented. He also Minutes Regular Council Meeting July 14, 1998 Page 10 briefly discussed the issue of a street user fee, which is an option for the Council to consider. Council members commented on that and similar issues. Mr. Hennings said the next decision to be made is whether to establish a separate fund entitled Visitors Facilities Fund in order to better track expenses and revenues for the Convention Center, Coliseum, and other activities of the Bayfront Arts and Sciences Park and Heritage Park. In addition, staff is proposing to isolate the hotel occupancy tax activities in the Hotel Occupancy Tax Fund. He referred to a revised General Fund statement of revenues and expenditures to explain the adjustments that would be made by moving the Convention Center/Coliseum activities to the proposed Visitors Facilities Fund. The City Manager said the third decision item regards the use of the $375,000 reserve for the Municipal Court computer systems. He explained that staff had proposed in the budget to pay for the new Municipal Court computer system in the same way as the other new systems --from the debt issue that was made at the time the computer contracts were awarded. The associated action would be to release the $375,000 for other uses in the General Fund. However, an alternative would be to continue to restrict the $375,000 for the purpose of paying for the new Municipal Court computer system, which he explained. He also discussed the fourth decision point, which is whether to pay the computer systems project expenses for the General Fund users from the General Fund instead of the General Obligation Debt Service Fund. Again referring to the spread sheet and "decisions" memo (decisions 5-9), Mr. Hennings described other optional adjustments. He said $120,000 in additional revenue could be generated by establishing a fee for landfill mulch. Also, the following optional expenditures were discussed: additional brush collection crew - $100,720; increase landfill operations to allow for opening on Sundays - $96,750; increased cleaning and maintenance of Magee Beach - $81,632 (summer cost); and add funds for the Residential Traffic Management Program - $100,000. Mayor Neal asked what the net affect would be on the budget of all those proposals. Mr. Hennings said staff would provide that information; a brief recess was called as they did so. When the Council reconvened, Mr. Hennings referred to a revised copy of the spread sheet which incorporated the proposed changes that were previously discussed. He said the adjusted closing balance would be $3,319,720, of which $296,332 would be reserved for the Municipal Court computer system. He said resulting changes would be that the future requirements for the debt on the lease purchase agreements would be restructured; a portion of the Convention Center debt service would be budgeted in the Hotel Occupancy Tax Fund, and to offset it, staff is reflecting in that tabulation a change in the payment of lease purchase agreements in the General Fund. A discussion followed. Mr. Hennings said decision item 10 pertains to the requests for funding from the outside Minutes Regular Council Meeting July 14, 1998 Page 11 agencies (which was previously discussed during the public hearing), and decision item 11 regards utility rate increases. He referred to a utility system pro forma from Mr. Michael Harty, Acting Director of Finance, and he pointed out that it only deals with the rate for the cost of service for water, not for the cost of raw water. He said the ordinance currently in effect calls for a 6% rate increase in each one of the utilities (gas, wastewater and water) each year on August 1. The model shows what would happen if gas rates are not increased at all, if wastewater rates are increased 6%, and if water rates are increased only 3% on August 1. A lengthy discussion ensued. With regard to decision item 12, Ms. Valerie Gray, Stormwater Superintendent, further discussed the issue of possibly contracting out some of the work in that department, and Mr. Hennings discussed decision Item 13, the possible modification of the Gas Department budget to utilize a consultant to develop the department's marketing plan. Mr. Hennings then referred to decision item 14 regarding the use of the Public Law Trust Fund. He said the FY 98-99 budget recommends utilizing $4.1 million as a transfer to the Water Fund to be used for debt service toward the Lake Texana pipeline bonds. He also discussed the following options for the use of the trust fund: purchase outstanding bonds on the open market as they become available; at the earliest call date (July 2007), call the bonds in the amount of the accumulated principal and interest; use the accumulated principal and interest as part of a bond - refunding program for the Lavaca-Navidad River Authority bonds and/or the Nueces River Authority bonds should the interest rates fall to an advantageous point; use the funds to purchase the Garwood Irrigation Company water rights; or use the funds to pay for a portion of the construction costs of the pipeline from the Colorado River to the Lake Texana pipeline. He also discussed the raw water pass-through charges and responded to questions from the Council members. The City Manager said decision item 15 has to do with determining a funding source for the disparity study. Possible sources would be surplus corporation funds or the Community Development Block Grant program, which Mr. Utter explained. Mr. Longoria noted that the proposed budget contains funds for merit increases, and he asked if it would be possible to roll those funds into across-the-board, cost -of -living increases for all city employees. Mr. Hennings replied that he has not factored into the budget any cost -of -living increases; what is included is the contract step increases for police officers and firefighters and the merit pay program for other employees. He also emphasized the importance of the merit pay program. Mr. Longoria requested additional information. Mayor Neal said he has a great deal of difficulty supporting a budget that does not balance current revenues to current expenditures. He questioned the amount budgeted for overtime in the Police Department ($1.9 million). Police Chief Alvarez replied that they budgeted the same amount of overtime, but the cost was different due to the increases in salaries. He explained that the Police Department receives overtime reimbursements through grants from different entities, such as the Minutes Regular Council Meeting July 14, 1998 Page 12 Weed and Seed program, Safe Streets, DEA Task Force, and others. Mayor Neal said he had the same question about the amount of overtime in the Fire Department budget, and Mr. Hennings said staff would provide the Council with a report. The Mayor also asked what caused the change in the lease purchase payments in the General Fund. Mr. Hennings replied that staff wished to maintain a reserve of 50% of next year's debt service payment. Consequently, if more debt service had been paid out of the G.O. Debt Service Fund, that level would have dropped below 50%, which would not create a problem. Mayor Neal said he is trying to find a way to demonstrate to the citizens that the city can balance current revenues and expenditures without taking funds out of the city's reserves. Council members further questioned Police Chief Alvarez and Fire Chief Adame regarding the issue of overtime in their departments' budgets, as well as services which they provide. The Council also discussed the conversion costs for the new computer systems, and specific costs associated with the libraries and the natatorium, to which city staff responded. There was also a brief discussion about the allocation from the Regional Transportation Authority for street repairs. Mr. Hennings particularly questioned the possibility of the RTA contracting the street repairs themselves, which he said would require much more discussion. Mrs. Longoria made a motion, which was seconded by Mr. Garcia, to direct Mr. Hennings to finalize the letter to the Commissioners Court regarding road maintenance by Nueces County, and to bring back a resolution next week. A voice vote was called and the motion passed. Mr. Martin pointed out that last year the City Council had asked the Commissioners Court to implement a fee to help pay for crossing guards, but it was not approved. He said he thought that request should be resubmitted in the form of a resolution, and if it is not successful, the next step would be to pursue it legislatively. Mr. Martin also requested additional information on the building permit fees and a possible rental car tax. Mr. Colmenero said he wanted staff to study the issue of a possible franchise fee for cable access television distribution through the airwaves. Mr. Longoria requested additional information about plans for "Harbor Place," and Dr. McNichols asked staff to bring the Council a proposal which includes a street use fee for their consideration. A brief discussion ensued. Mr. Garcia asked city staff to not cushion their departments' budgets because the Council was willing to make changes to achieve cost savings. week. Mr. Hennings said staff would bring back the first reading ordinance on the budget next * * * * * * * * * * * * * Minutes Regular Council Meeting July 14, 1998 Page 13 Mayor Neal opened discussion on Item 2, new Fire Station No. 4. He noted that the Council had received a clarification on Items 2 and 3. Mr. Crull explained that Mr. Jeff Leuschel, bond counsel, was not available yesterday and staff reached him that morning. He said the loan from the bond proceeds and interest earnings is not a funding alternative; however, staff has developed another alternative to use some program earnings from the assessments in the Street Fund, for which staff had substitute resolutions and ordinances. Council Member Martin asked if there was a timing problem associated with this item. Mr. Crull said the project had been bid some time ago. Mr. R.H. Shackelford, Director of Engineering Services, said the contractor indicated he would hold his bids until July 15, 1998. Mr. Martin said he could not understand why the bids were held so long, and he said there were still questions on the amendments that were being proposed. Dr. Gonzales made a motion to table Items 2 and 3 until next week, seconded by Mr. Martin, and passed. 2.a. TABLED W ::. 0... to and appropriating it in tin. No. 102 General Fund amid :unending Ordinance No. 022993, Fund. 2.b. TABLED construct Tire Station No. 4. 2.c. TABLED . : .. FY 1997 98 Capital Budget, to add $26,422 to the Lire Statin!, No. 4 proj.,ct. 2.d. TABLED Minutes Regular Council Meeting July 14, 1998 Page 14 Station N, 4 Redd Ficld Read at W„eld.:dge. 3.a. TABLED Fund to fund thc contract shortfall to construct an addition to thc Strccts/Solid Waste th Stre,,ts az,d Solid Wa3tc Set dies eperating-funds :,, th,, Gei,eral Fund. 3.b. TABLED 3.c. TABLED * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, Greenwood trunk main rehabilitation. He called for comments from the audience, and there were none. The Mayor asked about the issue regarding funding through the Commercial Paper Program. Mr. Crull explained that the City Charter requires that funds must be available before a contract can be awarded. With regard to Item 4, he said even though the city will not be expending $7 million for a period of time, that amount still has to be set aside in the Commercial Paper Program for this particular project. He said staff will have to investigate different alternatives. Council Member Martin said the Council had discussed the Charter provision when the Commercial Paper Program was first introduced. He said he thought that commercial paper met the definition of funds available for the purposes of proceeding with projects and selling the paper as Minutes Regular Council Meeting July 14, 1998 Page 15 they went. City Attorney Bray said he thought Mr. Leuschel was answering a different question at the time; he added that he had not personally spoken with him about this issue. Mr. Martin made a motion to table Item 4, seconded by Dr. Gonzales. Mr. Garcia pointed out that if BRH-Garver Inc. had not made an error, their bid would have been lower by $30,592.60 than the bid submitted by Jalco Inc. Mr. Bray said the bid could not be changed at that point, and Mr. Shackelford added that BRH-Garver had withdrawn their bid because of their error. Mayor Neal called for a voice vote on the motion to table Item 4, and it passed. Mr. Martin asked that when staff brings this item back to address the fact that the total award amount is three times the base bid amount. Dr. McNichols asked staff to provide information about the cost of replacement versus sliplining of the severely deteriorated lines. 4.a. TABLED Greenwood Trunk Mai.. Rehabilitation P eject :n th„ Capital I...prev.,i„ei,t Piegrata, FY 97 98 Budget. 4.b. TABLED the amount of $7,260,608 with Jalco Inc. fet GreL..weed 'hank Mai.. Rehabilitatie.. p.'ej.,et. ************ Mayor Neal opened discussion on Item 5, purchase of trucks. He called for comments from the audience, and there were none. In response to a question from the Mayor, Mr. Hennings said one of the trucks will be acquired through a Lease/purchase, which will be carried over into subsequent budgets, while the rest will be purchased with cash from this year's budget. City Secretary Chapa polled the Council for their votes as follows: 5. M98-237 Motion approving the purchase of trucks in accordance with Bid Invitation No. BI -0161-98 from the following firms, based on low bid and only bid. The units are budgeted in the 1997- 98 Capital Outlay. One unit will be lease/purchased; all others purchased outright. Two units are additional; all others are replacements. Minutes Regular Council Meeting July 14, 1998 Page 16 Crosstown Ford - Sterling Corpus Christi. TX 5 Units $161,178.00 Padre Ford Corpus Christi. TX 1 Unit $28,840.00 Total of Awards: $1,513,588.00 Crosstown Ford - Volvo Corpus Christi. TX 1 Unit $96,548.00 Power Equipment International Corpus Christi. TX 22 Units $1,227,022.00 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 6-21, and Council members requested that Items 7 and 15 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 6. M98-238 Motion approving the purchase of pumps and an air compressor in accordance with Bid Invitation No. BI -0174-98, from the following firms based on low bid and low bid meeting specifications. The pumps are budgeted in the 1997-98 Capital Outlay by Wastewater as replacements and the air compressor is budgeted by Water as additional. Lone Star Rentals or us Christi. TX Pumps - 3 each $83,343.00 Total of Awards: $96,612.00 Nueces Power Equipment Corpus Christi. TX Air Compressor - 1 each $13,269.00 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 8. M98-240 Motion approving the purchase of trailers and a trenching machine from the following firms in accordance with Bid Invitation No. BI -0183-98, based on low bid and low bid meeting specifications. The equipment is budgeted in the 1997-98 Capital Outlay as replacement and additional equipment. Minutes Regular Council Meeting July 14, 1998 Page 17 Holt Company of Texas Corpus Christi. TX Utility trailer $ 5,340.00 20 -ton equipment trailer 14.650.00 Total $19,990.00 Valley Ditch Witch Co. Corpus Christi. TX 12 -ton equipment trailer $ 9,150.00 Trenching machine 36.235,09 Total $45,385.09 Total of Awards: $ 65,375.09 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 9. M98-241 Motion approving the purchase of five animal transport cages in accordance with Bid Invitation No. BI -0181-98, from Schroer Manufacturing Company, Kansas City, Missouri, based on the low bid of $49,355. The cages will be mounted on City trucks and used by Animal Control. The units are budgeted in the 1997-98 Capital Outlay as replacements. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 10. M98-242 Motion approving the purchase of one tow tractor in accordance with Bid Invitation No. BI - 0173 -98, from United Tractor Co., Chesterton, IN, based on low bid of $26,072. The tractor will be used by Wastewater Services and is budgeted in the 1997-98 Capital Outlay as replacement equipment. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 11. M98-241 Motion approving chlorine feeding equipment in accordance with Bid Invitation No. BI - 0178 -98 from H&H Industrial Instruments, Corpus Christi, based on the total low bid of $88,426. The equipment will be used by the Water Department for the upgrading of the chlorine feeding systems at the O.N. Stevens Water Treatment Plant, and is budgeted in the 1997-98 Capital Outlay. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting July 14, 1998 Page 18 12. M98-244 Motion approving a contract with Arnold Refrigeration Inc., Corpus Christi, for furnishing and installing an ice machine at the Bayfront Convention Center in accordance with Bid Invitation No. BI -0180-98 for a total of $16,900.82 based on low bid. Funds have been budgeted by the Convention Center under capital outlay in FY 97-98. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 13. M98-245 Motion authorizing the City Manager or his designee to execute Change Order No. 6 to the construction contract with J.M. Davidson Inc., Corpus Christi, Texas in the amount of $117,335 for the O.N. Stevens Water Treatment Plant: Chemical Monitoring System. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 14. M98-246 Motion approving the temporary street closing application by the City of Corpus Christi and Central Power & Light Company for the 200 block of Mesquite Street (between William Street and John Sartain Street) on Friday, July 31, 1998, between the hours of 5:30 p.m. and 10:00 p.m., to conduct a kick-off celebration of the City's 15th annual National Night Out. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 16.a. M98-248 Motion approving the reimbursement application submitted by Diana Hamilton, owner of Lot 2, Block 1, Oak Terrace Estates, for the installation of 299 linear feet of an off-site 8 - inch PVC sanitary sewer collection line. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 16.b. ORDINANCE NO. 023358 Ordinance appropriating $5,867 from the Collection Line Trust in the No. 145 Sanitary Minutes Regular Council Meeting July 14, 1998 Page 19 Sewer Collection Line Trust Fund to pay Diana Hamilton's reimbursement request for the installation of 299 linear feet of an off-site 8 -inch PVC Sanitary Sewer Collection Line. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 17.a. M98-249 Motion approving the reimbursement application submitted by Schooner Petroleum Services Inc., owner and developer of Schooner Petroleum Subdivision, Lot 1, Block 1, for installation of 199 linear feet of an off-site 8 -inch PVC water distribution main. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 17.b. ORDINANCE NO. 023359 Ordinance appropriating $6,864 from the Distribution Main Extension Trust in the No. 143 Water Arterial and Grid Transmission Main Trust Fund to pay Schooner Petroleum Services Inc.,'s reimbursement request for the installation of 199 linear feet of an off-site 8 -inch PVC water distribution main. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 17.c. M98-250 Motion approving the reimbursement application submitted by Schooner Petroleum Services, Inc., owner and developer of Schooner Petroleum Subdivision, Lot 1, Block 1, for installation of 455 linear feet of an off-site 10 -inch PVC sanitary sewer collection line. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 17.d. ORDINANCE NO. 023360 Ordinance appropriating $24,652 from the Collection Line Trust in the No. 145 Sanitary Sewer Collection Line Trust Fund to pay Schooner Petroleum Services, Inc.'s reimbursement request for the installation of 455 linear feet of an off-site 10 -inch PVC sanitary sewer Minutes Regular Council Meeting July 14, 1998 Page 20 collection line. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 18.a. M98-251 Motion approving the reimbursement application submitted by A&J Construction Inc., developer of The Vineyards, Unit 1A, for the installation of 1,084 linear feet of a 12 -inch PVC water grid main. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 18.b. ORDINANCE NO. 023361 Ordinance appropriating $16,211 from the Arterial and Grid Transmission Main Trust in the No. 143 Water Arterial and Grid Transmission Main Trust Fund to pay A&J Construction Inc's reimbursement request for the installation of 1,084 linear feet of a 12 -inch PVC water grid main. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 19.a. M98-252 Motion authorizing the City Manager or his designee to execute Attachment No. 04B to Contract No. 7460005741-98 with the Texas Department of Health in the additive amount of $6,730 for sexually transmitted disease prevention services for the period September 1, 1997 through August 31, 1998. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 19.b. ORDINANCE NO. 023362 Ordinance appropriating a grant in the amount of $6,730 from the Texas Department of Health in the No. 162 Federal/State Grants Fund -Health Department for sexually transmitted disease prevention services during the period September 1, 1997 through August 31, 1998; Minutes Regular Council Meeting July 14, 1998 Page 21 adding $6,730 to the No. 162 Federal/State Grants Fund -Health Department. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 20. ORDINANCE NO. 023363 Ordinance appropriating $110,237 from the Estate of L. Lloyd Sessions in the No. 111 Museum Trust Fund; amending Ordinance No. 022993 which adopted the FY 97-98 Budget by adding $110,237 to the No. 111 Museum Trust Fund; and authorizing the transfer of $110,237 to the Friends of the Corpus Christi Museum of Science and History for the benefit of the Museum. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 21. RESOLUTION NO. 023364 Resolution amending Resolution No. 022429 which authorized a Property Tax Abatement Agreement for Trinity Towers Limited Partnership which is now to be amended to increase the construction period until December 1998. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, 13. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, food items for the elderly nutrition program. Council Member Garcia commented that the 1998 vendor mailing list for food items does not include wholesale food companies, and he asked if they could be included to try to get the best price on those items. Mr. F.D. Glenn, Purchasing Agent, said they could ask the Coastal Bend Council of Governments to do that. City Secretary Chapa polled the Council for their votes: 7. M98-239 Motion approving supply agreements with the following companies for the following amounts in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG-98-6 for food items which include canned and frozen fruit and vegetables, meats Minutes Regular Council Meeting July 14, 1998 Page 22 and condiments for an estimated six-month expenditure of $68,033.56 based on the recommended award submitted by the Coastal Bend Council of Governments. The term of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 97-98 and requested for FY 98-99. Sysco Food Service San Antonio. TX 63 Items $8,583.53 Performance Food Group Corpus Christi TX 32 Items $15,908.93 U.S. Foods Corpus Christi. TX 58 Items $22,318.60 Labatt Food Service Corpus Christi TX 45 Items $10,411.66 Total of Awards: $ 68,033.56 Alliant Food Service Corpus Christi TX 45 Items $6,460.90 Sam Hausman Meat Corpus Christi TX 2 Items $4,349.94 The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, water line cost reimbursement. In response to Council Member Martin, Mr. Crull explained that the Texas Department of Transportation required that a bore be used to install the casing for the water line underneath South Staples Street (rather than the open cut process), which cost $24,000. He added that this was determined to be a grid main, which is 100% reimbursable except for the contribution of the acreage fee. He said the developer pre -paid that fee and it is being reimbursed at this time. City Secretary Chapa polled the Council for their votes as follows: 15.a. M98-247 Motion approving the reimbursement application submitted by Dorothy Wilde, developer of Wilde Subdivision, Lot 1, Block 1, for the installation of 86 linear feet of a 12 -inch PVC water grid main. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. Minutes Regular Council Meeting July 14, 1998 Page 23 15.b. ORDINANCE NO. 023357 Ordinance appropriating $31,337 from the Arterial and Grid Transmission Main Trust in the No. 143 Water Arterial and Grid Transmission Trust Fund to pay Dorothy Wilde's reimbursement request for the installation of 86 linear feet of a 12 -inch PVC water grid main. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. ************ Mayor Neal called for the City Manager's report. Mr. Hennings said the first reading ordinance adopting the budget will be considered at next week's meeting along with related action items on first reading, such as amendments to the compensation plan and associated fee increases. In addition, there will be the monthly report on the Lake Texana pipeline project; the first reading on the Human Relations Commission's proposed fair housing ordinance amendments; the report from the consultant regarding the financial feasibility of the airport terminal reconstruction project; and one controversial zoning case (Five Star Quality Car Care). Mr. Hennings said he had tentatively scheduled the Council to meet at noon on July 28th at the Police Station to review the crisis management dispatch operation and to receive a briefing on responses to chemical and hazardous materials emergencies. He pointed out that the risk management program mandated by the federal government is in the planning stages, and staff wanted to remind the Council of the city's procedures in that regard. The City Manager also referred to the issue of the 512 area code. He said if the city wishes to pursue a request to retain the 512 area code in Corpus Christi, it would have to go through the discovery process in the next three weeks and present testimony to support its request in about one month. He said that will require engaging the services of the Austin law firm; he estimated that the process will cost between $30,000 and $50,000. In addition, Mr. Hennings said he asked the Greater Corpus Christi Business Alliance to provide some indication whether the business community would want to pursue the request. The Alliance's Government Affairs Committee has subsequently passed a resolution asking the city to proceed, and the Alliance plans to survey its members on the issue. He said he could place an item on the agenda next week if the Council wished to proceed. In response to Council Member Martin, Mr. Hennings said if Austin retained the 512 area code now, it would have to be changed again in about four years due to the vast number of telephone lines needed; however, the 512 area code could be used for another 11 years in Corpus Christi if retained here. Minutes Regular Council Meeting July 14, 1998 Page 24 Mr. Hennings also noted that the Padre Isles Property Owners Association had sent the Council a letter in which they asked that an ordinance be adopted regulating the installation and use of outdoor lighting. Council Member McNichols said he thought that issue should be further examined since it pertains to the abusive use of exterior lighting. Mayor Neal referred to the proposed amendments to the fair housing ordinance. He said since that issue will require much discussion, he thought it should be delayed rather than trying to consider it during next week's meeting, which will include extensive budget discussions. There was consensus of the Council to place that item on the agenda for the first Council meeting in August. The Mayor said that five Council members had expressed interest in serving on a committee to meet with port industries representatives. He suggested that two groups of Council members be formed to do that. Mr. Martin withdrew his name from consideration, saying that having two groups of Council members would create double meetings. He also asked for legal clarification on the issue. City Attorney Bray replied that the Open Meetings Act defines a meeting as a deliberation between a quorum of the Council. The Act also says, though, that it is a violation of the Act to meet in groups of less than a quorum with the intention of circumventing the Act. Consequently, it is not illegal for less than a quorum to meet unless it is for the purpose of circumventing the Open Meetings Act. Mr. Bray went on to say that the Attorney General has held that where a Council subcommittee of less than a quorum has formally been appointed to examine some subject and report back to the Council, that subcommittee will be treated as subject to the Open Meetings Act because the Attorney General believes it is likely that the entire body will "rubber stamp" whatever the subcommittee does. He said that rule does not apply if there are merely a couple of Council members appointed to a larger group consisting of members who do not serve on the Council. Mr. Martin said he thought the whole Council should meet quarterly with the port industries representatives, such as during a luncheon meeting, which would be open to the public and which would be an effective use of the Council members' time. He said if the representatives had other matters they wished to discuss, they could meet privately with the Mayor or the City Manager. Council Member Gonzales added that the Council members could meet individually with the industries' representatives. The other Council members concurred that they could meet as a group with the representatives on a quarterly basis. Mayor Neal also thanked officials from Circle -K because they furnished a bus to take young people from the Leathers housing area to San Antonio for an outing. He then called for Council concerns and reports. Council Member Colmenero said Mr. Mike Zepeda had informed him that a local organization was circulating a petition asking that a facility or roadway be named after the late Cesar Chavez. Council Member John Longoria pointed out that there is a city ordinance prohibiting the Minutes Regular Council Meeting July 14, 1998 Page 25 renaming of city streets after an individual; however, he suggested that the Council approve a resolution asking the state to rename the portion of State Hwy. 44 between the city limits of Corpus Christi and Robstown after Mr. Chavez. Mr. Longoria made a motion to direct city staff to prepare that resolution, seconded by Mr. Colmenero, and passed. Council Member Garcia referred to a memo regarding proposed contracts with three legislative consultants, saying he thought that item should be postponed until the new City Manager has an opportunity to provide his input. Mr. Hennings said there were concerns regarding the timing of those contracts, particularly with regard to Mr. Cliff Johnson and Mr. Hugo Berlanga. Mr. Hennings said that even if the Council had questions about the contracts as a whole, they should at least approve Mr. Johnson's contract because of his involvement in the water issue. Mr. Martin said he thought the Council should vote on that issue next week, saying it should be addressed prior to the final approval of the budget. Mayor Neal agreed that it should be considered next week. Mr. Garcia also requested an update on the southside senior citizens center, and he said the Council should continue to meet with other organizations to maintain open lines of communication. Mr. Longoria said the consultant conducting the outside study of the Police Department had come to Corpus Christi and met with some of the Council members but not all of them. Mr. Hennings said the consultant will return on July 28-29, at which time additional meetings with the Council members can be scheduled. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 9:35 p.m. on July 14, 1998.