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HomeMy WebLinkAboutMinutes City Council - 07/21/1998I 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 21, 1998, which were approved by the City Council on July 28, 1998. WITNESSETH MY HAND AND SEAL, this 28th day of July, 1998. 7)77,,,,J0-64„, Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 21, 1998 2:03 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Edward A. Martin Council Members: Javier D. Colmenero Melody Cooper* Alex L. Garcia Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Dr. David McNichols City Staff: City Manager Bill Hennings City Attorney James R. Bray Jr. City Secretary Armando Chapa Assistant City Attorney Alison Gallaway Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Thomas R. McCrone, St. Mark's Lutheran Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Martin. 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 July 14, 1998, and there being no corrections, he proclaimed them approved as presented. *Council Member Cooper arrived at 2:07 p.m. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 7226 Owen Court, referred to the minutes of the June 16, 1998 Council meeting in which City Manager Hennings agreed with Mr. Gordy that signs in public right-of-ways are illegal. Mr. Hennings had said he would bring an item to the Council the following week requesting that the Planning Commission study the issue. Mr. Gordy said he was informed today that that issue will not be considered until August 5th. He added that developers had not been notified of the violations as he had been told, and business signs have been placed in the right-of-ways since last November. He said he has called the city's Zoning and Code Enforcement Department six times and he has also spoken to Mr. Tom Utter, Assistant City Manager for Development Services, about the issue. Minutes Regular Council Meeting July 21, 1998 Page 2 Ms. Kay Noyes, 930 Coral, questioned why the city needed to hire a team of lobbyists to intercede for the city on water rights when several qualified people are already serving on the state's planning group for Senate Bill 1. She also expressed concern about the budget and litter problems, and she encouraged the city and county to work together in solving their problems. Mr. Abel Alonzo, 1701 Thames, said he was disappointed with the city's senior staff regarding the public hearings for the amendments to the Fair Housing Act. He said only he and two other people attended the first public hearing, and after they informed other people about it, the second public hearing was well attended. He said discrimination still exists with regard to housing, although it is now more subtle. Council Member Gonzales pointed out that the Council had postponed discussing the Fair Housing Act today because of the lengthy budget discussions; Mr. Alonzo said he was referring to the public hearings themselves. Mr. J.E. O'Brien, 4130 Pompano, noted that the homestead exemption had been briefly discussed last week. He said the Taxpayers Association was responsible for obtaining the required signatures to place that item on the ballot, which the voters overwhelmingly approved despite pressure against it. He also referred to the truth in taxation statutes. He said it is true that there would be no tax increase if the Council adopted the effective tax rate; however, if the city maintains the same tax rate and the valuations increase, more revenue will be generated. He said the factor that determines the tax rate that is adopted is the amount of spending --if the city reduced its spending, it could reduce its tax rate. Rev. Harold T. Branch, 1801 Stillman, said he was disappointed that the Fair Housing Act would not be discussed at the day's Council meeting, although he appreciated Dr. Gonzales' explanation. He said he has been interested in fair housing issues in Corpus Christi since 1956, and he said the city's ordinance needs to be updated to comply with the national fair housing ordinance. Mayor Neal said that issue is scheduled to be on the August 11`h Council agenda. Mr. Phil Rosenstein said that rather than a 500 increase in the "Care B" fares, the increase was kept down to a 25¢ increase. He said the Regional Transportation Authority Board and the public were misled about the figures on that issue by the RTA staff and the Chairman, which he explained. He encouraged the City Council to not allow the RTA to be responsible for street repairs in the city. Mr. Byron Wooldridge, 6705 Deerwood, said Mr. Hubert Hall of the city's Water Department had appeared on a cable access program discussing issues that had been raised at the American Desalting Association (ADA) workshop that had been held in Corpus Christi. Mr. Hall said he had learned that the price of desalted seawater was four times the cost of water from the Lavaca-Navidad River Authority (LNRA). Mr. Wooldridge said he had also attended the ADA workshop and most of the people in attendance consistently said that the cost of desalted seawater was coming in below $3 per 1,000 gallons, or $978 per acre-foot on stand-alone plants. He said data Minutes Regular Council Meeting July 21, 1998 Page 3 from the West Florida desalination plant was presented at the workshop, indicating that the water would cost $2.12 per 1,000 gallons, or $691 per acre-foot. He asked the Council to not use public money to try to deceive the public about the actual cost of desalination. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 2. Case No. 698-1. Five Star Quality Car Care: A change of zoning from a "B-1" Neighborhood Business District to a "B-4" General Business District on Bessar Park, Block 3, Lot 14 and the west 25 feet of Lot 15, located on the northeast corner of Leming Avenue and Santa Fe Street. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District. No one appeared in opposition to the recommendation of denial. Mr. Chapa said Council Member Cooper would abstain from discussing or voting on that item. Council Member Garcia made a motion to close the public hearing, seconded by Council Member McNichols, and passed. Mr. Chapa polled the Council for their votes; however, there was some confusion as to what the Council was actually voting on. Following a brief explanation, the Council requested that the vote be called again. Mr. Chapa polled the Council as follows: FAILED lmendit.g the Zoning Ordinancc upan appli„atien by Fir,- Stat Quality Car Carc, by — is . Park, franc "B-1" Neighbetbeed Busine,s District to "B-4" General Business Dishic,t; Co..,prehe„sirc Plan. The foregoing ordinance failed to pass by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "No"; Cooper abstaining. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 3. Case No. 798-2. Nueces County: A change of zoning from an "I-2" Light Industrial District to a "B-4" General Business District on Ayers Industrial Sites, Lot 2, located on the west side of Ayers Street, approximately 145 feet north of Gollihar Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the Minutes Regular Council Meeting July 21, 1998 Page 4 "B-4" District. No one appeared in opposition to the zoning change. Council Member Garcia made a motion to close the public hearing, seconded by Council Member McNichols, and passed. Mr. Garcia asked if there were any easements they needed to be concerned about, and Mr. Tom Utter, Assistant City Manager for Development Services, said he did not think there were any. Council Member Martin asked why the rest of the property zoned "I-2" would not also be rezoned. Mr. Utter said there are a few warehousing uses that would be in excess of the 6,000 square feet maximum allowed in `B-4," and staff is reviewing that issue. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO, 023365 Amending the Zoning Ordinance upon application by Nueces County, by changing the zoning map in reference to Lot 2, Ayers Industrial Sites, from "I-2" Light Industrial District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 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." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, proposed FY 98-99 operating budget. City Manager Hennings reviewed aspects of the proposed budget, which begins on August 15'. He noted that it would authorize spending of about $266 million, which is a $17 million increase over the current budget. He said the major portions of increased spending in next year's budget include the Lake Texana pipeline debt service (about $8 million), the increase in employee health premiums cost (just under $2 million), and the new Crime Control and Prevention District (which brings in about $3 million annually from the 1/8th cent increase in sales tax to be used for expanded Police Department services). Mr. Hennings also reviewed indicators which show that Corpus Christi has experienced difficult economic times, and he responded to five suggestions from the Taxpayers Association on ways to reduce the budget. He also referred to a chart showing the proposed General Fund ending balance as called for in the Council -adopted financial plan. He said the target ending fund balance in the current year has been exceeded, and staff is proposing to use a portion of that excess amount toward next year's budget. He reiterated that two months ago the Council reviewed that recommendation and adopted a motion concurring with it. Mr. Hennings said the proposed budget conforms with the Council's adopted policy. Minutes Regular Council Meeting July 21, 1998 Page 5 In response to Council Member McNichols, Mr. Hennings said the City Charter requires that the City Manager present a balanced budget to the Council. He also distributed an updated spread sheet of General Fund revenues and expenditures as submitted by staff and with various options. Mayor Neal discussed the following proposals: reduce General Fund expenditures by 5% for a total reduction of $1,765,660; reduce the number of civilian vacant positions in the General Fund by 50% for a total reduction of $886,189, with recommendations from staff on the positions that need to be filled; reduce the overtime budgets in the Police and Fire departments by 5% for a total reduction of approximately $140,000; reduce the merit pay increases for non-union General Fund employees by 50% for a total reduction of $338,852; reduce the number of new positions in the General Fund by 50% for a total reduction of $333,146; and reduce the Municipal Information Systems budget by 5% for a total reduction of $88,000; that would result in total reductions of $3,551,847. The Mayor also proposed that the existing lease/purchase equipment contracts not be refinanced, so that $395,711 is added back into the budget; and add all of the requests for additional funding by the various outside organizations, for a total of $352,429. He said he felt that with good management techniques, the departments could achieve a 5% savings without affecting services, including in the overtime budgets of the Police and Fire departments. A discussion ensued about what the beginning point should be in calculating those figures. Responding to Council Member Martin, Mr. Hennings said the ending fund balance in the proposed budget is $3,736,743. Referring to the spread sheet showing the proposed General Fund statement of revenues and expenditures, the Council members further discussed each of the proposed expenditure adjustments, including establishment of the Visitors Facilities Fund; increasing landfill operations to allow opening on Sundays; adding a brush collection crew; increasing maintenance operations on Magee Beach during the summer; including funds for the Residential Traffic Management Program; hiring a consultant to work on the 512 area code issue; and refinancing the existing lease/purchase agreements. Mayor Neal called for a brief recess to allow staff to recalculate the information on the spread sheet to reflect the tentative decisions made by the Council (which were voted on later in the meeting). When the Council reconvened, there was additional discussion about the beginning fund balance and the resulting closing fund balance for the proposed budget as submitted and the optional proposed budget containing the Council's recommendations. The Mayor again referred to his first proposal of a 5% reduction in General Fund spending, which equates to a savings of $1.7 million. He said he would ask the City Manager and staff to prioritize their needs so as to minimize the effect on the operations of the city and the morale of the employees. Mr. Hennings responded that such a reduction would affect the city's operations and services. Referring to a report on 5% reductions he had already provided to the Council, Mr. Minutes Regular Council Meeting July 21, 1998 Page 6 Hennings said any items that would not have had an adverse affect would have already been factored into the budget; he added that some of the items on the list have an effect on revenues. Mayor Neal said he was trying to propose a budget where current revenues exceed current expenses, and which has a closing fund balance that will provide for financial options in the future. Mr. Hennings reiterated that the Council has adopted financial policies which call for an ending fund balance in the General Fund of $2.5 million as a minimum target for next year. He said he proposed a budget with a $3.7 million ending balance for next year. In addition, two months ago the Council agreed unanimously to apply the excess fund balance over the target for this year toward balancing next year's budget. Several Council members commented on the Mayor's recommendations and the possible impact of changes to the proposed budget. Mr. Hennings further discussed the purpose of the General Fund ending balance and he noted that it is a fraction of the overall reserves of the city government, which include the Self -Insurance Fund and the Choke Canyon Reserve Fund. He also responded to Council members' questions regarding the issues of the Street Services budget and the RTA proposal; the employee merit pay program and cost -of -living increase; public safety overtime costs; and the contract with the Buccaneer Commission. The Council then reviewed the requests from the outside agencies and discussed proposals for increasing some amounts and decreasing others. Council members made motions regarding the funding for each agency, and the following funding amounts were agreed upon: Downtown Management District - $100,000; Greater Corpus Christi Business Alliance (economic development) - $275,000; Business Alliance (tourism promotion) - $2,139,999; South Texas Military Facilities Task Force - 0; Nueces County MHMR Community Center - 0; Volunteer Center - $9,500; Harbor Playhouse - $31,500; South Texas Institute for the Arts - $200,000; Hispanic Arts Center - $15,000; Asian Cultures Museum - $15,000; Corpus Christi Symphony - $12,000; and Arts Community - $15,000. (Council Member Garcia abstained on the two votes pertaining to the Greater Corpus Christi Business Alliance.) Mr. Hennings pointed out that the Alliance would need to submit a revised budget for the Council's approval next week to comply with their decision. Mr. Martin made a motion to fund the remaining portion of the disparity study from the General Fund; the motion died for lack of a second. Dr. McNichols made a motion to fund the disparity study from future allocations of the Community Development Block Grant program; seconded by Mr. Garcia. Mayor Neal called for a voice vote and the motion passed 5-4. Mr. Martin made a motion to leave the utility rate increases as they are as part of the overall plan. In addition, he suggested that a study be undertaken to determine if a surplus exists and, if so, that the surplus be dedicated to specific capital projects in lieu of bonds. In response to Mr. Longoria, Mr. Martin further described the intent of his motion and he agreed that the gas rate increase could be 3% rather than 6% called for in the plan; Mr. Longoria seconded the motion. A Minutes Regular Council Meeting July 21, 1998 Page 7 discussion ensued. Mayor Neal called for a hand vote on the motion, and it failed to pass. Dr. McNichols made a motion to keep the utility rate increases at 6% for water, wastewater, and gas; seconded by Mrs. Cooper. The Mayor called for a hand vote and the motion passed. Mr. Martin made a motion to modify the Stormwater Department budget as previously discussed, the motion was seconded and it passed unanimously. Dr. McNichols made a motion, which was seconded by Mr. Garcia, to modify the Gas Department budget to utilize a consultant in developing a marketing plan; the motion passed unanimously. Mr. Martin made a motion to change the proposed budget to keep the Public Law Trust Fund as it is and not use those monies in the coming budget; the motion was seconded by Dr. McNichols, and it passed unanimously. Mr. Martin suggested that the Council revisit that issue in the next six months or so with the new city manager. Mr. Martin made a motion to amend the first reading ordinance on the budget to incorporate the following (as previously discussed and voted on by the Council): establish a Visitors Facilities Fund; pay the computer systems project expenses for the General Fund users from the General Fund instead of the General Obligation Debt Service Fund; use the $375,000 reserve for the Municipal Court computer systems; fund the outside agencies (as amended); maintain the current utility rate increases at 6%; modify the Stormwater and Gas budgets as discussed; and to keep the Public Law Trust Fund as it is. In addition, Mr. Martin's motion included accepting the revenue adjustments on the revised spread sheet and the budget corrections under the expenditure adjustments (item 11), and deleting the costs for the compensation and classification study (item 12) and the pumper truck (item 13). His motion also proposed including items 20 and 21 on the spread sheet: funding the FY 98-99 debt service requirement on the new court system; and paying the General Fund debt service on the computer replacement bonds. In response to Dr. Gonzales, Mr. Martin said his motion did not include the following proposals: increase in street maintenance expenditures; additional brush collection crew; increased maintenance for Magee Beach; and Residential Traffic Management Program. Dr. Gonzales said he wanted to vote for the items proposed in Mr. Martin's motion, but he also wanted to add other items. Mr. Martin then withdrew his motion. Mayor Neal made a motion to amend the first reading ordinance on the budget to incorporate Option 1 on the spread sheet to include the following items: reduce General Fund expenditures by 5% - $1,765,660 (item 27); reduce the number of civilian vacant positions in the General Fund by 50% - $886,189 (item 28); reduce the overtime budgets in the Police and Fire departments by 5% - $140,000 (item 29); reduce the merit pay increases for non-union General Fund employees by 50% - $338,852 (item 30); reduce the number of new positions in the General Fund by 50% - $333,146 (item 31); and reduce the Municipal Information Systems budget by 5% - $88,000 (item 34). (The spread sheet is included as the last page of these minutes.) Minutes Regular Council Meeting July 21, 1998 Page 8 The Mayor's motion to amend was seconded by Mr. Martin. City Secretary Chapa polled the Council and the motion failed to pass by the following vote: Martin and Neal voting "Aye"; Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, and McNichols voting "No." Mr. Martin restated his motion to amend agenda Item 4 (as shown above); seconded by Mrs. Cooper. Mr. Chapa polled the Council, and the motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Neal voting "No"; Garcia abstaining on the portion related to the Business Alliance. Dr. Gonzales made a motion to amend to include the following items as shown under Option 1 of the spread sheet: increased street maintenance expenditures (item 15); additional brush collection crew (item 22); and increased Magee Beach maintenance (item 24). The motion was seconded by Mrs, Longoria. Mr. Colmenero asked if Dr. Gonzales would accept the inclusion of item 25, Residential Traffic Management Program; Dr. Gonzales agreed. Mr. Chapa polled the Council, and the motion failed to pass by the following vote: Colmenero, Cooper, Gonzales, and B. Longoria voting "Aye"; Garcia, J. Longoria, Martin, McNichols, and Neal voting "No." Mr. Longoria made a motion to amend to add half of the proposed amount for increased street maintenance ($677,000); additional brush collection crew (item 22); increased Magee Beach maintenance (item 24); and half of the proposed amount for the Residential Traffic Management Program ($50,000). The motion was seconded by Mrs. Cooper. Mr. Chapa polled the Council, and the motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, and J. Longoria voting "Aye"; Garcia, Martin, McNichols, and Neal voting "No." Dr. McNichols made a motion to enact a street use fee based on the residential rate of 90¢ per month. Mr. Hennings said that would result in annual revenues of $1,507,000. The motion was seconded by Mr. Garcia. Mr. Chapa polled the Council and the motion failed to pass by the following vote: Garcia and McNichols voting "Aye"; Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "No." Mayor Neal made a motion to amend to include a request to the City Manager to reduce expenses in the budget by $1.6 million; seconded by Mr. Garcia. Mr. Martin pointed out that the Council had just voted to add $800,000 to the budget, and they could not expect the staff to cut the same amount from other areas. He pointed out that the closing balance is $3.4 million and the goal the Council should try to achieve is to at least have the same closing balance level because it meets the budget policy. Following a brief discussion, Mr. Chapa polled the Council on Mayor Neal's motion, and it failed to pass by the following vote: Garcia and Neal voting "Aye"; Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "No." The Mayor then called for comments from the audience. Minutes Regular Council Meeting July 21, 1998 Page 9 Mr. J.E. O'Brien said he agreed with the Mayor in his proposal for a 5% reduction in expenditures in the budget, and he was glad that the proposal to enact a street use fee was defeated. He said he could not support the budget on first reading, and he hoped that upon second reading the Council makes some actual cuts in the budget. Mr. Gary Bushell, President of the Business Alliance, thanked the Council for approving their requested increase in funds. He said they understood that this has been a difficult budget year for the city and they will endeavor to provide the best return for the city's investment. Mr. Chapa polled the Council for their votes as follows: 4. FIRST READING ORDINANCE Adopting the Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 1998; to be filed with the County Clerk; appropriating monies as provided in said budget. The foregoing ordinance passed on first reading, as amended, by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols voting "Aye"; Neal voting "No." Mayor Neal made a motion to direct the City Manager to attempt to bring back a budget for the second reading that balances current revenues to current expenses by reducing expenses by at least $1,650,000; seconded by Mr. Garcia. Mr. Chapa polled the Council, and the motion passed by the following vote: Colmenero, Garcia, Martin, McNichols, and Neal voting "Aye"; Cooper, Gonzales, B. Longoria, and J. Longoria voting "No." * * * * * * * * * * * * * Mayor Neal called for a short recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, changes to the Compensation and Classification Plan. He called for comments from the audience, and there were none. Responding to a question from the Mayor, Mr. Hennings explained how employees can request that studies be conducted of their classifications, while other studies are initiated by management; in addition, sometimes positions become obsolete or new positions need to be added. He said there is a net increase in expenses every year because the changes reflect an upward adjustment in the salary range. Minutes Regular Council Meeting July 21, 1998 Page 10 Mr, Jorge Garza, Assistant City Manager for Administrative Services, Ms. Cynthia Garcia, Director of Human Resources, and Mr. Hennings then responded to Council members' questions about proposed changes in the Compensation and Classification Plan. The City Manager added that questions such as those raised by the Council were some of the reasons why staff was supporting a study of the compensation plan, which is very old. Mr. Martin specifically asked about salary range changes proposed in the plan, to which Ms. Garcia responded. City Secretary Chapa polled the Council for their votes as follows: 5. FIRST READING ORDINANCE Amending Ordinance No. 3658, as amended, Subsections 251 through 257, revising classification schedules as reflected in Exhibit A; approval of ordinance amending Ordinance No. 8127, Section 510, as amended, to reflect housekeeping revisions to the managerial group pay plan for FY 98-99; approval of ordinance amending Ordinance No. 8127, as amended, Section 501, by removing Salary Schedules A and B for FY 97-98 and adding Salary Schedules A and B for FY 98-99 with no adjustments to ranges as reflected in Exhibit C; and add new Subsection 711 to state Council's Charter authority to hire and set compensation for the City Manager. The foregoing ordinance passed on first reading by the following vote: Colmenero, Garcia, Gonzales, and B. Longoria voting "Aye"; Martin and Neal voting "No"; Cooper, J. Longoria, and McNichols absent. Mr. Chapa noted that the ordinance passed to the second reading with four votes in favor, although it will need five votes in favor in order to be finally passed on second reading. ************* Mayor Neal opened discussion on Item 6, updating of prior service credits for retirees. He called for comments from the audience, and there were none. Responding to Council Member Martin, Ms. Garcia said $26,000 has been budgeted beginning in January 1999. City Secretary Chapa polled the Council for their votes as follows: 6. FIRST READING ORDINANCE Authorizing and allowing under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said System for service performed by qualifying members of such System who presently are in the employment of the City of Corpus Christi; providing for increased prior and current service annuities; for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions. Minutes Regular Council Meeting July 21, 1998 Page 11 The foregoing ordinance passed on first reading by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7. job -sharing program. He called for comments from the audience, and there were none. In reply to Council Member Garcia, Mr. Hennings said if a position is currently filled by a full-time employee, the position would remain full-time; however, once that position becomes vacant there is an opportunity to determine if it can be a job -shared position. Ms. Garcia said that employees working 25 hours or less would be considered part-time and those working 26 hours or more would be entitled to benefits. Council Member Martin asked if the Grade 11 employee who is currently working 35 hours per week would have his time changed to 25 hours per week. Ms. Garcia said there are four positions that are Grade 11 and below who work less than 40 hours and more than 25 hours but they would not receive benefits due to the way the ordinance was drafted regarding the effective date. Mr. Martin said he thought they should receive benefits. Mr. Hennings suggested that staff bring back an amendment on second reading to incorporate that issue. Responding to another question from Mr. Martin, Ms. Garcia said employees who are Grade 12 and above receive full medical coverage, even those who work 20 hours per week or more. Mr. Martin pointed out that holidays and sick leave are prorated depending on the number of hours an employee works, and he suggested that the cost of health insurance be prorated as well. A brief discussion ensued. Mr. Hennings said staff could prepare an amendment on that issue as well. City Secretary Chapa polled the Council for their votes as follows: 7. FIRST READING ORDINANCF Amending Ordinance No. 8127, Section 650, as amended, Compensation of Part-time Hourly Employees. subsection 651, by redefining part-time status for employees hired on or after August 3, 1998, and maintaining the part-time definition in effect as of August 2, 1998, for employees hired on or before August 2, 1998. The foregoing ordinance passed on first reading by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. Minutes Regular Council Meeting July 21, 1998 Page 12 Mayor Neal opened discussion on Item 8, leave of absence plans. He called for comments from the audience, and there were none. Responding to a question from the Mayor, Mr. Hennings said the 567 civilian employees in Plan II work in various city departments and were working for the city in 1988 when the plan was changed. He said this item pertains to "drag -up" pay and it is an attempt to reduce the cost of government. City Secretary Chapa polled the Council for their votes: 8. FIRST READING ORDINANCE Amending Ordinance No. 8127, Section 950, Leaves of Absence, by revising subsection 951.0, Plan I employees, to provide eligible Plan II employees to elect to participate in Plan I; revising subsections 951.0, Plan I Employees, and 952.0, Plan II Employees, to correct section numbers. The foregoing ordinance passed on first reading by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, airport ground transportation rates. He called for comments from the audience, and there were none. In reply to Council Member Colmenero, Mr. Hennings said the proposed change regarding hotel courtesy vehicles is intended to ensure that they have a contract with a hotel and can be verified as such. Ms. Bonnie Allin, Director of Aviation, explained that there are a variety of permits that are available depending on the use. City Secretary Chapa polled the Council for their votes as follows: 9. FIRST READING ORDINANCE Amending the Corpus Christi Code of Ordinances, Chapter 9, Section 9-61, Permit for Airport Ground Transportation Operations, by revising the method of calculating fees and adding new fees; and providing for an effective date of August 1, 1998. The foregoing ordinance passed on first reading by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, airport parking rates. He called for comments from the audience. Minutes Regular Council Meeting July 21, 1998 Page 13 Mr, J.E. O'Brien said that increasing the long-term parking rates 40% is excessive, and he said the Council appears to be determined to force local citizens to use the San Antonio airport, which has long-term rates of $5. He asked the Council to reconsider the proposed increase. Council Member Garcia asked if consideration was made to not charge any money for the first half hour in the hourly parking lot; Ms. Allin said they had not. Mr. Garcia said that would help decrease congestion in that area; he added that he would like the airport parking lot to stop working with coins because it is time consuming to make change. Ms. Allin said the Airport Advisory Board did recommend charging $1.00 on the short-term lot, where the majority of the transactions occur. She said they did not adopt that recommendation because they wanted to be sensitive to the prices on the long-term rates. Council Member Martin asked if the board had discussed the possibility of changing the maximum amount on the short-term rates. Ms. Allin said they compared Corpus Christi's rates with the rates at other airports and chose not to recommend that change. With regard to Mr. Garcia's comments, Mr. Martin pointed out that the first two rows of the short-term lot are really used by people picking others up at the airport. Ms. Allin said if they changed the first half hour to zero it would result in a significant revenue loss for the airport, and staff would have to recalculate those amounts. Council Member Gonzales said he supported the idea of having the first half-hour free, particularly since there is very limited space in front of the airport for dropping off and picking up people. Mr. Garcia asked what the overall resulting revenue would be if the first half hour in the short-term lot was free and the next half-hour was $2.00 (i.e., if a person parked in the short-term lot for an hour he would pay $2.00). Ms. Allin said staff could calculate that (because they keep those statistics) and bring the information back to the Council upon second reading. Mr. Garcia also requested information on the possibility of changing the long-term rates to $1.00 an hour. City Secretary Chapa polled the Council for their votes: 10. FIRST READING ORD A CF, Amending the Corpus Christi Code of Ordinances, Section 9-35.1 to increase both (daily) long-term and (hourly) short-term parking rates at the Corpus Christi International Airport; providing for repeal; and providing for an effective date of August 1, 1998. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. * * * * * * * * * * * * * Minutes Regular Council Meeting July 21, 1998 Page 14 Mayor Neal opened discussion on Item 11, Park and Recreation fees. He called for comments from the audience, and there were none. Responding to Council Member Gonzales, Mr. Dan Whitworth, Acting Director of Park and Recreation, said staff is proposing a $5 across-the-board increase in the Latchkey program. He said the city offers a scholarship (discounted fee) in the Latchkey program for families who can prove financial need based on the same federal guidelines as the free and reduced lunch program the school district utilizes. Currently the scholarship fee is $20 per month for the first child and $15 for each subsequent child; the proposal is to increase those fees to $25 and $20 per month. Dr. Gonzales asked if the Latchkey program is losing money, and Mr. Whitworth replied that it is. He added that the non -scholarship fees for the Latchkey program currently are $70 per month for the first child and $55 per month for each subsequent child. Dr. Gonzales said he did not want to increase fees for the Latchkey program because it is successful and serves the community well. Mr. Whitworth said staff had discussed that issue, and he pointed out that about 40% of the participants in the Latchkey program are on scholarship. He said if the scholarship fees are not increased as well, it will result in the non -scholarship participants being forced to make up the revenue shortfalls that would result. He said without the across-the- board fee increase, there would be a revenue shortfall of $101,000; the $5 increase reduces that deficit to $45,000. Dr. Gonzales said since the Latchkey program is preventative, he thinks there may be grants available to help fund it. Council Member Colmenero asked about the school districts' participation in the Latchkey program. Mr. Whitworth said the school districts are partners with the city in the sense that the program is operated in the schools and they contribute custodial services, electrical power, and classroom space; however, they do not contribute to the program financially. Mr. Colmenero also said he did not wish to see the Latchkey fees increased. Mr. Hennings said the city could ask the school districts to participate and, in fact, since the school districts are more immune from liability than the city government, it would be more efficient for the districts to operate the program. In response to Council Member Garcia, Mr. Whitworth said Latchkey fees were increased $5 across-the-board during the last fiscal year and there was a reduction in the participation rate among those paying non -scholarship rates. He added that staff will be bringing the Council a report from Texas A&M University regarding the Latchkey program. A brief discussion ensued, and Mr. Hennings commented that ultimately the district's participation in the Latchkey program will be determined by the voters who elect the school board members. Dr. Gonzales made a motion to amend Item 11 to keep the Latchkey fees as they are currently. Mr. Colmenero proposed an addendum to the motion that the city pursue specific measures with the school district to compel them to collaborate with the city on the Latchkey program. Mayor Neal said he thought that was a different issue they could follow up on. Mr. Minutes Regular Council Meeting July 21, 1998 Page 15 Colmenero agreed and he seconded Dr. Gonzales' motion to amend. Mr. Hennings said that amendment would result in a $56,000 difference in the General Fund budget. Council Member Martin pointed out that the Council was not voting on the Latchkey fees for the non -scholarship participants. Mr. Hennings agreed, saying that the City Manager has the authority to increase the regular Latchkey fee and Council approval is needed to increase the scholarship rates. Council Member Betty Jean Longoria emphasized the importance of working with other entities on this and other programs. Mr. Whitworth said CCISD representatives are being included in the review process of the university's initial report on the Latchkey program, including how the program has changed in scope since its inception. Dr. Gonzales withdrew his motion to amend, saying the Council should try to work with the school board on this issue. City Secretary Chapa polled the Council for their votes as follows: 11. RESOLUTION NO. 023366 Resolution authorizing Park, Recreation, Cultural and Leisure time activities rental fee and recreational fee increases and adding new rental fees and recreational fees. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, repealing a resolution. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes: 12. RESOLUTION NO. 023367 Resolution repealing Resolution No. 17743 concerning increased hotel occupancy tax revenue. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. ************* Mayor Neal opened discussion on Item 13, street maintenance by Nueces County. He called for comments from the audience, and there were none. Minutes Regular Council Meeting July 21, 1998 Page 16 Council Member Garcia asked who would bring this item to the County Commissioners. Mr. Hennings replied that he thought the Council would make that decision. Mr. Garcia suggested that Mayor Neal do so, and he agreed. City Secretary Chapa polled the Council for their votes as follows: 13. RESOLUTION NO. 023368 Resolution requesting that certain road maintenance projects be undertaken by Nueces County, and granting consent. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, 13. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, funding for the school crossing guard program. He called for comments from the audience, and there were none. Council Member Martin said this proposed fee increase, which had been attempted last year, would be used specifically for the school crossing guard program only. In response to Council Member Betty Jean Longoria, Mr. Hennings said when the Council took action on this issue last year, staff forwarded the Council's request in writing to the County Judge. The City Manager then received a call from the County Judge's office informing him that the County Commissioners would consider the Council's request at their meeting the next day. Consequently, on short notice he asked Dr. Gonzales to accompany him to the County Commissioners meeting. He said unfortunately three of the Commissioners apparently had decided in advance that they were going to vote against the proposal and the city did not have an open hearing on it. Mayor Neal said he would personally visit with the County Judge concerning both Items 13 and 14 and ask him to place them on the Commissioners Court agenda with sufficient notice to the city. Mr. Hennings said he thought it would be very effective to have all nine Council members present at the Commissioners Court when they consider the proposals. Council Member Garcia asked Mr. Hennings if he thought the county would waive the 10% administrative fee, and Mr. Hennings said they would not. City Secretary Chapa polled the Council for their votes as follows: 14. RESOLUTION NO. 023369 Resolution requesting Nueces County Commissioner's Court to levy an optional county fee Minutes Regular Council Meeting July 21, 1998 Page 17 for child safety of $1.50 per vehicle registered in Nueces County, pursuant to Section 502.173 of the Transportation Code. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, Water Conservation and Drought Contingency Plan. He called for comments from the audience, and there were none. Council Member Martin asked if this proposal had been implemented for all city facilities, and Mr. Hennings said it had. Mr. Martin also asked about the status of the ordinance on drip - irrigation in parkways. Mr. Utter said it was still at the Mechanical/Plumbing Advisory Board. Council Member Gonzales asked when the Council might consider banning the irrigation of lawns, and Mr. Hennings said he did not think they would have to do that, which he explained. He added that at another time the Council should consider permanently banning the watering of grass from 10 a.m. to 6 p.m. during the summer months to encourage water conservation. Council Member Colmenero spoke in favor of the proposal. Mr. Martin commented on the low water pressure that is experienced in the city after 6 p.m. Mr. Hennings said there have been occasional problems with the Up River Road water main, which is being repaired; in addition, the capital improvement plan includes a project to install a new water main to the south side, which should permanently correct the water pressure problem. Mayor Neal pointed out that the second recommendation on page 137 of the background material is not included on the agenda itself. Mr. Hennings said staff inadvertently excluded it, and he explained that they would like to pursue an agreement with the Lavaca-Navidad River Authority regarding the purchase of interruptible water. He said they could place that item on next week's agenda. In response to Mr. Martin, Mr. Hennings briefly explained the intent of the proposal; Mr. Martin said he wished to discuss the issue further. City Secretary Chapa polled the Council for their votes as follows: 15. M98-253 Motion concurring with the City Manager's decision to implement Condition I of the Water Conservation and Drought Contingency Plan to encourage water customers to voluntarily conserve and limit their use of water to include avoiding the use of water for irrigation purposes between the hours of 10:00 a.m. and 6:00 p.m. Minutes Regular Council Meeting July 21, 1998 Page 18 The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Garcia, J. Longoria, and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 16, Fire Station No. 4 project. He called for comments from the audience. Mr. J.E. O'Brien said he understood this contract was bid in March and subsequently the low bidder has dropped out, resulting in the city paying an additional $100,000 to the next bidder. He said the City Councils have mortgaged everything in sight and he strongly criticized this proposal, questioning the legality of it. He also referred to the process for the certification of funds. He encouraged the Council to cancel this proposal and rebid it. Mr. Roy Martinez explained why he thought Alternatives 3A and 3B in the agenda memorandum would be the most favorable options. Mr. Hennings summarized the three alternatives submitted by staff. In response to Council Member Martin, Mr. Hennings said two issues have complicated this proposal and caused it to be delayed: the shortfall in funding and the qualifications of the low bidder on the fire station project. Mr. R.H. Shackelford, Director of Engineering Services, further explained the reasons for the delay. Mr. Martin asked about the specifications for the project, which Mr. Shackelford provided to him. In response to another question from Mr. Martin, Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said the Streets/Solid Waste Services facility would be used as a shared training room and as a signal shop and to consolidate some of the signs and markings functions. Mr. Crull discussed how the bids would be awarded based on the specifications. Mr. Martin made a motion to accept Alternative 2A on page 147 of the agenda material, which calls for building Fire Station No. 4 using an additional $264,192 from the Public Health and Safety Fund No. 262. In addition, it would cancel the Streets/Solid Waste Services facility expansion project and use a portion of those funds to supplement the Fire Station No. 4 project. The motion was seconded by Dr. Gonzales. The Mayor called for a voice vote on the motion and it passed. Mr. Hennings suggested that Item 16 be postponed while staff prepared the correct wording to implement that item. He added that he was withdrawing Item 17 at this time. 17.a. WITHDRAWN Ordinanee aatheiizi,g-a-leaf. of $259,999 fru... the Street Assessment Revenues :.. the No. Minutes Regular Council Meeting July 21, 1998 Page 19 .O., . • ... to thc Street/Solid Waatc Services Facility, to be reimbursed to the No. 220 Street Capital Obligatime,, ai„er.dirg the FY 97 98 Capital Budg.,t, adapted by Ordinam,ce No. 023174, by .... Waste Servieea Facility. 17.b. WITHDRAWN fin $259,999 plas aeeiaed ntaiket rat, i.iterest Lein thc pre„eeds of futu,e Ccrtifieatcs of Obligatie.c 17.c. WITHDRAWN Tactility Lxyausie,c Mayor Neal opened discussion on Item 18, Greenwood trunk main rehabilitation. He called for comments from the audience, and there were none. Referring to the fact that this item had been tabled from last week, Council Member Martin asked what staff had worked out regarding the financing of the project. Mr. Shackelford replied that he did not think this project fell into that category; what was discussed last week was the issue of commercial paper in general. He said last week the Council had questions about the commercial paper financing, and they directed staff to provide a status report on commercial paper. He said they intend to fund this project using commercial paper and prior year appropriations. Mr. Martin said he thought that last week both Mr. Shackelford and Mr. Crull had specifically discussed this project, saying there was a problem with the commercial paper regarding the appropriating capability. Mr. Shackelford said last week's agenda memorandum for this project included a statement that further discussion needed to be held with the Council about commercial paper and the problems associated with having enough money certified as being in the treasury in order to award a contract. Mr. Martin said he thought the problem was that the appropriate action could not be taken, and the Council asked City Attorney Bray to meet with Mr. Jeff Leuschel, bond counsel, regarding this issue. Mr. Hennings said staff may have explained it incorrectly, but that does not have anything Minutes Regular Council Meeting July 21, 1998 Page 20 to do with this project. He said the subject was broached because there was a concern about future projects --at some point there would be an issue with the appropriation authority, which was the purpose of the discussion. The City Manager reiterated that the authority exists to proceed with this project. Subsequently, staff has had discussions with Mr. Leuschel and they are working to resolve the issue. Mr. Martin quoted from the minutes of last week's Council meeting regarding the discussion the Council had with staff pertaining to this subject. Mr. Shackelford replied that the city is being required to reserve enough money within the commercial paper program to cover the cost of this contract until bonds are issued, which Mr. Hennings said has been done. Mr. Crull said his concern last week was the impact of that issue on the whole commercial paper program; he reemphasized that there was not a problem for this particular project. Mr. Martin said if the Council had known that, they would have approved the item last week, but they were told there was a problem with the funding of it. Mr. Martin also asked about Dr. McNichols' question last week regarding the cost of replacement versus sliplining of the severely deteriorated lines, Mr. Shackelford said staff estimated that it would cost $17 million to completely replace the lines because it would require utilizing the open cut process; however, it will cost $7.26 million to repair the lines using sliplining techniques. Mr. Martin asked what staff's response was to his question last week about the total award amount being three times higher than the base bid. Mr. Shackelford said staff established the base bid plus six additive alternates primarily because of the flexibility in being able to award the contract within the monies available at the time, which he further explained. Mr. Martin said he had raised the question because it had seemed highly unusual, and Mr. Shackelford said it was a judgement call on the part of the design engineers. He said he agreed that they probably should have had less additive alternates. A brief discussion ensued. Council Member Garcia asked what the result would be if the Council did not approve this item. Mr. Hennings said they would prepare the bid with a different package of alternates and rebid it; he added that they had received good bids on the project. Mr. Garcia pointed out that if one of the contractors had bid the project appropriately and not made an error (thereby causing them to withdraw their bid), there would have been a $30,000 cost savings. He said he thought there was some validity in starting the process over. Mr. Hennings said the disadvantage is that the contractors' bids are all public, which could eliminate some of the competition. Council Member Colmenero asked if the Council were to postpone or deny the proposal, whether it would be costlier in the future, and Mr. Hennings said it could be. Mr. Shackelford said it would result in a 60 -day delay of the project. Mr. Hennings said with regard to BRH-Garver Inc., it was a matter of whether the city wished to make a claim on their bid bond. Minutes Regular Council Meeting July 21, 1998 Page 21 Mayor Neal pointed out that the paragraph about the commercial paper program in last week's agenda memorandum was deleted from this week's agenda memorandum. He said he was also under the impression that commercial paper could not be used on this project. City Attorney Bray said he thought a miscommunication had occurred. In the memorandum, staff was attempting to alert the Council that the overall commercial paper program might produce Less in the way of contracts than staff had initially understood. He reiterated that there was not a problem with this project because there is $50 million worth of authority and this contract is only $7 million. City Secretary Chapa polled the Council for their votes on Items 18.a. and 18.b. The ordinance under Item 18.a. failed to pass by the following vote: Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Colmenero and Garcia voting "No"; Cooper, J. Longoria, and McNichols absent. The motion under Item 18.b. did pass by the same vote. Mr. Chapa said the ordinance under Item 18.a. cannot pass with four votes. Mr. Hennings said if Item 18.a. did not pass, staff would have to withdraw Item 18.b. Mr. Garcia said if that was the case, he would change his vote. Mr. Chapa said the majority of the Council can accept Mr. Garcia's change in vote. The Council requested that the vote be called again. Mr. Chapa polled the Council as follows: 18.a. ORDINANCE NO. 023371 Ordinance amending the FY 1997-98 Capital Budget adopted by Ordinance No. 023174 on December 16, 1997, by adding $295,000 to the Wastewater Program to fully fund the Greenwood Trunk Main Rehabilitation Project in the Capital Improvement Program FY 97- 98 Budget. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 18.b. M98-256 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $7,260,608 with Jalco, Inc. for Greenwood Trunk Main Rehabilitation project. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. * * * * * * * * * * * * * Minutes Regular Council Meeting July 21, 1998 Page 22 Mayor Neal opened discussion on Item 19, airport improvements. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 19.a. RESOLUTION NO. 023372 Resolution authorizing the City Manager or his designee to accept the $2,609,191 Federal Aviation Administration Grant No. 3-48-0051-25-98 for terminal building improvements, access control security system replacement, and commercial apron rehabilitation. The foregoing resolution passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 19.b. ORDINANCE NO. 023373 Ordinance appropriating $2,609,191 from Federal Aviation Administration Grant Number 3-48-0051-25-98 in the No. 245 Airport Capital Improvement Fund for the terminal reconstruction project, access control project, and commercial apron rehabilitation project; appropriating $173,500 in the No. 248 Airport Passenger Facility Charge Fund for the access control system project and the commercial apron rehabilitation project; amending Ordinance No. 023174 which adopted the FY 97-98 Capital Budget by adding $2,782,691 to the Airport Program. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 19.c. M98-257 Motion authorizing the City Manager or his designee to execute a contract in the amount of $744,347 with Simplex Time Recorder Co. for the installation and construction of a new airport automated access control security system. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 19.d. M98-258 Motion authorizing the City Manager or his designee to execute a contract in the amount of $246,293.45 with Haas -Anderson Construction, to rehabilitate a portion of the commercial apron. Minutes Regular Council Meeting July 21, 1998 Page 23 The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 20, changing of the 512 area code. Mr. Hennings said based on the Council's earlier decision not to budget funds for Item 20, he would withdraw it unless the Council wished to discuss it. Council Member Martin said the cost to this community would be huge for this item. He said Southwestern Bell needs to change the 512 area code and the Public Utility Commission will dictate where that change will occur. He asked if the Business Alliance had strongly supported it. Mr. Hennings replied that they provided him with a survey showing that about two-thirds of the businesses believe the area code change would have a strong or moderate negative impact on their companies' daily operations. He added that the entire burden will be on the city to extract the necessary data through discovery to make their case against changing the area code here. He said it is expensive because it entails a difficult and complicated legal proceeding. City Attorney Bray explained that the hearing before the PUC will be held in September, and the discovery deadlines and other deadlines are extremely short, which he explained. Mayor Neal asked Mr. Hennings if he was going to withdraw Item 20; Mr. Hennings said not unless the Council wished to proceed with it. Mr. Martin made a motion to approve Item 20, seconded by Mr. Colmenero, who said they should try to involve other entities and communities in this effort. Mr. Garcia asked if the lobbyists being proposed under Item 21 could be used to assist the city with this case, and Mr. Hennings said they could not. A brief discussion ensued. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien said it was ludicrous for the City Council to consider spending $50,000 to $70,000 on this issue. He questioned if there was at least one city staff member who could present an arguable case, and at least one member of the Council --which refused to cut their travel budgets earlier in the meeting --who was capable of going before the PUC and arguing this case. City Secretary Chapa polled the Council for their votes as follows: 20. M98-259 Motion authorizing the City Manager to execute a contract with the law firm of Butler, Porter, Gay & Day to represent the City in Public Utility Commission Docket 16901, Numbering Plan Area Code Relief Planning for 512 Area Code, at a rate of $175 per hour. Minutes Regular Council Meeting July 21, 1998 Page 24 The foregoing motion passed by the following vote: Colmenero, Gonzales, B. Longoria, and Martin voting "Aye"; Garcia and Neal voting "No"; Cooper, J. Longoria, and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 21, contracts for legislative services. Mr. Hennings said there was an error in the figures in the agenda captions; the correct amount in Items 21.a. -c. is $2,361 rather than $2,631 as printed. Mayor Neal then called for comments from the audience. Mr. J.E. O'Brien said that based upon the Council's last vote, he said he was sure they would approve this item. He quoted from an editorial in the San Antonio newspaper regarding former government employees who become lobbyists. He cited opinions issued by the District Attorney in Bexar County and the Texas Attorney General. He said they believe this issue violates the law and he urged the Council to not spend the $280,000 associated with this item, since they cannot even cut their budget by 5%. City Attorney Bray said Corpus Christi and other cities around the state have reviewed this issue. He said home rule cities have clear authority to enter into these types of contracts. He said Council Member Martin had pointed out that the opinion cited by Mr. O'Brien applies to one county, and even that is not very widely agreed with. Mr. Garcia made a motion to amend Items 21.a. -c. as previously stated; the motion was seconded and it passed. Mr. Garcia said he had wanted the new city manager to have input into this issue, and he questioned the urgency of it. Mr. Utter said it was important that they move ahead with the contracts with all three of the lobbyists, and he said they could assist staff in preparing a legislative program to bring before the Council for approval. Mr. Utter added that the contracts are subject to appropriation for the second year. He and Mr. Bray further explained aspects of the contracts and they responded to Council members' questions. Council Member Gonzales said he would abstain from voting on Item 21.b. because Mr. Berlanga is his wife's cousin. City Secretary Chapa polled the Council for their votes as follows: 21.a. M98-260 Motion authorizing the City Manager or his designee to execute a contract for legislative services with Todd Hunter for a monthly fee of $4,722 for the first year and $2,361 for the second year, subject to appropriation. Minutes Regular Council Meeting July 21, 1998 Page 25 The foregoing motion passed, as amended, by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 21.b. M98-261 Motion authorizing the City Manager or his designee to execute a contract for legislative services with Hugo Berlanga for a monthly fee of $4,722 for the first year and $2,361 for the second year, subject to appropriation. The foregoing motion passed, as amended, by the following vote: Colmenero, Garcia, B. Longoria, and Neal voting "Aye"; Gonzales and Martin abstaining; Cooper, J. Longoria, and McNichols absent. 21.c. M98-262 Motion authorizing the City Manager or his designee to execute a contract for legislative services with Cliff Johnson for a monthly fee of $4,722 for the first year and $2,361 for the second year, subject to appropriation. The foregoing motion passed, as amended, by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. * * * * * * * * * * * * * Mayor Neal returned to the discussion on Item 16. Mr. Hennings distributed copies of the proposed substitute motion for Item 16.a. and he said he was withdrawing Item 16.b. Council Member Garcia made a motion to substitute the motion provided to them as Item 16.a.; seconded by Council Member Colmenero, and passed. City Secretary Chapa polled the Council for their votes: 16.a. M98-254 Motion authorizing the reallocation of $264,192 from the Streets/Solid Waste Services facility to the Fire Station No. 4 project. Both projects are in the No. 262 Public Health and Safety Fund and the funds were previously appropriated. The foregoing motion passed, as amended, by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. Minutes Regular Council Meeting July 21, 1998 Page 26 16.b. WITHDRAWN ebligatior 16.c. ORDINANCE NO. 023370 Ordinance appropriating interest earnings in the amount of $26,422 in the No. 536 Public Health & Safety Capital Projects Fund for Fire Station No. 4; amending Ordinance No. 023174 which adopted the FY 1997-98 Capital Budget, to add $26,422 to the Public Health & Safety Program for Fire Station No. 4. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 16.d. M98-255 Motion authorizing the City Manager or his designee to execute a construction contract with Nuway International, Inc. in an amount not to exceed $569,755 for Fire Station No. 4 - Rodd Field Road at Wooldridge. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 22-35. An audience member requested that Item 27 be withheld for discussion. Mr. Mike Zepeda, representing the Labor Council of Latin American Advancement, said they did not disagree with the proposal under Item 27, although they wished the Council would place an item on the agenda to name a city street after Mr. Cesar Chavez. In response to Council Member Colmenero, Mr. Hennings said the resolution was a request to the appropriate state agency and the local legislative delegation to honor Mr. Chavez in the manner proposed. Mr. Zepeda reiterated their request to place an item on the Council's agenda, and he read from the City Council policy regarding the naming of city streets, which he said was not impossible to do. A brief discussion ensued. Minutes Regular Council Meeting July 21, 1998 Page 27 City Secretary Chapa polled the Council for their votes on all of the consent items, and the following were passed: 22. M98-263 Motion approving supply agreements with the following companies for the following amounts for copy paper in accordance with the Joint Governmental Purchasing Group Bid Invitation No. JGPG 98-2, for an estimated annual expenditure of $68,770.51, based on the recommended award submitted from the Joint Governmental Purchasing Group. The terms of the agreements shall be for twelve months with an option to extend for up to an additional twelve month period, subject to the approval of the suppliers, the Joint Governmental Purchasing Group, and the City Manager or his designee. Funds have budgeted by the using departments in FY 97-98 and requested for FY 98-99. Unisource Gulf Coast Paper Co. Coitus Christi. TX Corpus Christi. TX White paper - 2,724 cases Color paper - 265 cases $60,565.29 $8,205.22 Grand Total: $68,770.51 The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 23. M98-264 Motion setting a public hearing during the Regular Council Meeting of August 25, 1998, on the conversion of approximately 10,000 square feet of Brockhampton Park for use as the public right-of-way for the future extension of Stone Henge Street. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 24.a. M98-265 Motion approving the reimbursement application submitted by A&J Construction Inc., developer of the Vineyards Unit 1 A and 1B, for the over -depth installation of 2,079 linear feet of 10 -inch PVC sanitary sewer collection lines. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. Minutes Regular Council Meeting July 21, 1998 Page 28 24.b. ORDINANCE NO. 023374 Ordinance appropriating $31,342 in the Sanitary Sewer Collection Line Trust Fund No. 145- 247.96 to pay A & J Construction, Inc.'s reimbursement request for the over -depth installation of 2,079 linear feet of 10 -inch PVC Sanitary Sewer Collection Lines in the Vineyards Unit 1A and 1B. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 25. RESOLUTION NO. 023375 Resolution supporting the initiatives of the Texas Regional Air Service Task Force to study the economic impact of air service at small and non -hub Texas air carrier airports, to seek improvements in air service, and to assume an active role in legislation that promotes the improvement of air service at small and non -hub airports within Texas. The foregoing resolution passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 26. RESOLUTION NO, 023376 Resolution requesting the Texas 76th Texas Legislature to adopt legislation enabling pension increases for Corpus Christi Fire Fighters who retired prior to May 21, 1973. The foregoing resolution passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 27. RESOLUTION NO. 023377 Resolution by the City Council of the City of Corpus Christi, Texas, supporting the designation of State Highway 44 from the City limits of Corpus Christi to the City limits of Robstown, Texas, as the Cesar Chavez Memorial Highway in honor of the late farm worker labor leader. The foregoing resolution passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. Minutes Regular Council Meeting July 21, 1998 Page 29 28. RESOLUTION NO. 023378 Resolution authorizing the City Manager or his designee to apply for and execute a Landscape Cost Sharing Agreement with the Texas Department of Transportation to share 50% of the cost for a joint landscape beautification project of the common area and parking area under the Crosstown Expressway Bridge (Highway 286) between Agnes Street and Laredo Street. The foregoing resolution passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 29. ORDINANCE NO. 023379 Ordinance appropriating $1,902,042 from interest earnings in various Capital Projects Funds, as shown on the attached and incorporated Exhibit A; transferring $1,902,042 to and appropriating it in the No. 300 General Obligation Debt Service Fund for the annual debt service payment. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 30. ORDINANCE NO 023380 Ordinance appropriating $98,025 from the sale of City property to the General Services Administration in the No. 220 Streets Capital Improvement Fund; transferring $98,025 to and appropriating it in the No. 291 Parks Capital Projects Fund to cover the cost of in-house landscaping at the Bayfront Parks. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 31. ORDINANCE NO. 023381 Ordinance appropriating $522,839 from the Unreserved Fund Balance and $307,161 of Excess Revenues in the No. 138 Group Life and Health Insurance Fund; amending Ordinance No. 022993 which adopted the FY 1997-98 budget, by adding $830,000 to the No. 138 Group Life and Health Insurance fund for health insurance premium increases and additional costs for employee paid voluntary benefits. Minutes Regular Council Meeting July 21, 1998 Page 30 An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 32. ORDINANCE NO. 023382 Ordinance transferring $37,000 from the No. 117 Aviation Fund to and appropriating it in the No. 245 Airport Capital Projects Fund to remove underground petroleum storage tanks at the airport; amending Ordinance No. 023174, which approved the FY 97-98 Capital Budget, to add $37,000 to the Airport Program. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 33. ORDINANCE NO. 023383 Ordinance appropriating $35,885 from the State of Texas in the No. 111 Law Enforcement Officers Standards and Education Trust Fund for training of Police personnel; amending Ordinance No. 022993 which adopted the FY 97/98 Budget by adding $35,885 to the No. 111 Law Enforcement Officers Standards and Education Trust Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 34. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 53 - Traffic, Article VIII, Schedule I, One -Way Streets and Alleys, Section (A-1) School Areas, by establishing a one- way traffic pattern on North Alameda Street in the direction of Comanche Street to Lipan Street during the school hours of Central Catholic Elementary School. The foregoing ordinance passed on first reading by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. 35. ORDINANCE NO. 023384 Authorizing the City Manager or his designee to execute a 10 -year lease, with two 5 -year options to extend, with Kamping Pleasures, Inc., for forty acres with improvements on the Minutes Regular Council Meeting July 21, 1998 Page 31 north side of Lake Corpus Christi, out of the Mary B. Kelvin Survey, in consideration of quarterly rent of $1,650 or 3.0 percent of quarterly gross sales, less sales taxes, whichever is greater, to operate a KOA Kampground. The foregoing ordinance passed on second reading by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Cooper, J. Longoria, and McNichols absent. ************* Mayor Neal announced the closed session pursuant to Texas Government Code, Section 551.071 regarding collective bargaining with the Corpus Christi Police Officers Association. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Hennings said that next week staff is planning a noon briefing at the Police Department regarding the emergency response programs. Items scheduled for the Council meeting next week include the second reading for the budget and associated issues and the zoning case on the Al Amin Temple. He also referred to a memo regarding the RTA Fare Change Approval Committee, and he suggested that it be placed on next week's agenda. Council Member Betty Jean Longoria asked if the presentation at noon had to be held next week, and Mr. Hennings said it did not. Mayor Neal agreed that the Council would have a heavy agenda next week. Mr. Hennings also reported that he had authorized the emergency repair of one of the Convention Center air conditioning chillers, estimated at $18,000. Responding to Mayor Neal, Mr. Bray said the RTA itself would have to post the notice of the Fare Change Approval Committee meeting because it has government authority. He said staff will review whether a Council meeting notice will need to be posted. The Mayor called for Council concerns and reports, and there were none. There being no further business to come before the Council, he declared the Council meeting adjourned at 10:55 p.m. on July 21, 1998. * * * * * * * * * * * * * Unreserved Fund Balance, 8/1 1 Adjustment For Visitors Facilities Fund Balance Adjusted Unreserved Fund Balance Reserved For Commitments 2 Adjustment For Municipal Court Reserve Adjusted Reserved For Commitments Beginning Fund Balance Total Current Revenues General Fund Statement Of Revenues & Expenditures FY 1998-99 As Submitted Option 1 Option 1A Option 18 FY 1998-99 FY 1998-99 FY 1998-99 FY 1998-99 5,132,088 5,132,088 5,132,088 5,132,088 (410,786) (410,786) (410,786) (375,000) (375,000) (375,000) 5,132,088 4,346,302 4,346,302 4,346,302 364,216 364,216 364,216 364,216 375,000 375,000 375,000 364,216 739,216 739,216 739,216 5,496,304 5,085,518 5,085,518 5,085,518 121,945,082 121,945,082 121,945,082 121,945,082 Revenue Adjustments: 3 Southwestern Bell Franchise Payment 197,120 197,120 197,120 4 Convention Center Revenue Net Impact (1,263,413) (1,263,413) (1,263,413) 5 Museum Revenues 20,000 20,000 20,000 6 Adtust Ad Valorem Tax Rate to shift addl'I monies to General Fund 331,558 331,558 331,558 7 Establish A Fee For Mulch 120,000 120,000 120,000 8 9 10 Total Revenue Adjustments 0 (594,735) (594,735) (594,735) Total Adjusted Current Revenues 121,945,082 121,350,347 121,350,347 121,350,347 Total Funds Available 127,441,386 126,435,865 126,435,865 126,435,865 Total Current Expenditures 123,704,643 123,704,643 123,704,643 123,704,643 Expenditures Adjustments: 11 Budget Corrections 64,866 64,866 64,866 12 Delete Costs For Compensation B Classification Study(net) (176,500) (176,500) (176,500) 13 Delete Purchase of Pumper Truck (250,000) (250,000) (250,000) 14 Refinance existing lease purchase agreements 15 Increase Street Maintenance expenditures 1,354,000 677,000 16 Convention Center Operations moved to Visitors Facilities Fund (1,673,593) (1,673,593) (1,673,593) 17 Parks 8 Reaeetion Reimbursements For Cultural Facility Maint. 18 Subsidy Contribution To Visitors Facilities Fant 19 Increase amount of lease purchase payments paid in G.O. Debt Svc Fund 20 Fund FY 1998-99 Debt Service requirement On New Court System 78,668 78,668 78,668 21 Pay General Fund Debt Service on Computer Replacement Bonds 331658 331,558 331658 22 Additional Brush Collection Crew 100,720 100,720 23 Increase Landfill Operations to allow opening on Sundays 24 Increased Maintenance - Magee Beach 81,632 81,632 25 Residential Traffic Management Program 100,000 50,000 26 Area Code 512 Consultant 27 5% Budget reductions, $ 1,765,660 28 34 half of vacant positions, $ 886,189 29 Fire and Police Overtime Reductions, $ 140,000 30 Reduce Merit by 50%, $338,852 31 New Personnel, $ 333,146 32 Exclude refunding (Done) 33 Outside Agencies (Done) 34 MIS, $ 88,000 (total addt'I adjustments $ 3,551,846) 35 MHMR (60,000) (60,000) (60,000) 36 Addn Alliance 110,000 110,000 110,000 37 38 39 Total Expenditure Adjustments Total Adjusted Current Expenditures 0 61,351 (1,575,001) (665,649) 123, 704, 643 123, 765, 994 122,129, 642 123, 038, 994 Reserved For Commitments 364,216 660,548 660,548 660,548 Unreserved Fund Balance 3,372,527 2,009,323 3,645,675 2,736,323 Closing Fund Balance, 7/31 3,736,743 2,669,871 4,306,223 3,396,871 Current Revenues to Current Expenditures (1,759,561), 12,415,647) 5779,295) 1,688,6472