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HomeMy WebLinkAboutMinutes City Council - 02/23/1999I 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 February 23, 1999, which were approved by the City Council on March 9, 1999. WITNESSETH MY HAND AND SEAL, this 9th day of March, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 23, 1999 2:05 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Melody Cooper Council Members: Javier D. Colmenero* Alex L. Garcia Jr.* Dr. Arnold Gonzales Betty Jean Longoria John Longoria Dr. David McNichols ABSENT Edward A. Martin City Staff: City Manager David R. Garcia 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. E.F. Bennett (retired), following which the Pledge of Allegiance to the flag of the United States was led by students from Incarnate Word Montessori and Montessori School of Corpus Christi. 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 February 16, 1999. A motion was made and passed to approve the minutes as presented. Mayor Neal announced that the City Manager had withdrawn Items 9 and 11 from the day's agenda. * * * * * * * * * * * * * Mayor Neal referred to the presentation on the day's agenda by Central Power & Light Company regarding their preparedness for the year 2000 (Y2K). *Council Member Colmenero arrived at 2:10 p.m. Mr. Ken Griffin, Area Business Manager for CPL in Corpus Christi, introduced Mr. Steve Williams, a member of the Central and South West (CSW) core Year 2000 Team. Mr. Williams said the company has been working on Y2K issues since 1996. He said their program is based on a Minutes Regular Council Meeting February 23, 1999 Page 2 comprehensive inventory and assessment of their system, of which they have completed about 65% of the necessary remediation and testing. Mr. Williams said three sets of dates that have been tested on the company's systems are "9-9-99"; January 1, 2000; and leap year 2000. Mr. Williams said company officials have yet to find a Y2K issue that would have made their power plants inoperable. He noted that 50% of the power plants use pneumatic controls where the year 2000 is not an issue, and less than 15% of the controls in the transmission and distribution systems have microprocessors in them; of those, 95% are processing the date correctly. In addition, he said, the standard residential meter is not affected by the year 2000 because it has no date function or imbedded chips. Mr Williams said CSW is in the process of remediating Y2K issues with regard to some very large meter systems. *Council Member Garcia arrived at 2:15 p.m. Mr Williams said the systems CSW has had to work with the most are their business systems, which are divided into mission -critical and business -critical systems. He also discussed the company's contingency --or continuity of service --plans and he responded to Council members' questions. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Paul Koepke spoke on behalf of the Beautify Corpus Christi Association, saying that the organization is in the process of raising funds to hire an executive director to help ensure the ongoing beautification of the city. He encouraged the Council members to join the association. Ms. Kay Noyes, 930 Coral, commented on the millions of dollars that will be spent on several large projects, including the pipeline, the Wesley Seale Dam, and the new computer systems. She said she thought the name of Ocean Drive should be changed to "Myers -Noyes Boulevard" after the people who designed the seawall. Mr. J.E. O'Brien, 4130 Pompano, noted that the L -Head baitstand construction has been postponed to the end of April, and he said he hopes it is the last postponement. He also said he hopes the next City Council can finally eliminate the 50 -cent 911 fee that the public was told would be eliminated in January 1998. Mr. O'Brien asked who currently owns the pipeline, and he asked if a Council policy is violated when the raw water cost is increased when the pipeline is inoperable. He also wondered whether the ratepayers would fund any solutions to design flaws or pump problems. Mayor Neal asked City Attomey Bray to respond to Mr. O'Brien. Mr. Bray said staff is looking into who should bear the cost of the repairs. He added that from time to time there will not be flows through the pipeline for various reasons, including maintenance, and that does not change Minutes Regular Council Meeting February 23, 1999 Page 3 whether a rate is charged during that time period. Mayor Neal asked who owns the pipeline, and Mr. Bray stated that the city owns it. Mr. R.F. Hasker, 1813 Wallace, said he is a member of the AARP and he was asked to inquire about the status of the construction of the new senior citizen center. He said people have heard that the project is $100,000 over budget and he questioned who will be responsible for the administration of the facility once it is completed. City Manager Garcia said the new senior center will be administered by city staff in the Park and Recreation Department. Mr. Hasker said there is some concern that the Garden Club will be in charge of the senior center, which will basically be a renovation of the existing Garden Center facility. Mr. Tony Cisneros, Director of Park and Recreation, said the preliminary estimates from the architect were over budget and they had to adjust some of the plans to bring it back in budget. Council Members Garcia and Gonzales questioned the design of the project and how it could have gone over budget. City Manager Garcia, Mr. Cisneros, and Mr. Angel Escobar, Acting Director of Engineering, discussed ways that the design can be modified (through value engineering) so that the end result is essentially the same facility that was planned for the cost that was budgeted. Mr. Escobar added that a meeting is scheduled on February 25`h with the architects and the focus group to review the center's design. Council Member Betty Jean Longoria commented on the need to expand the Broadmoor Senior Citizen Center. Mayor Neal pointed out that the Council approved locating the new senior center at the Cullen Park site, and they directed city staff to begin planning for the next senior center to be located at Lakeview Park. The last person to address the Council during petitions was Mr. Jim Hietpas, who said he lives at 3723 Rojo, which intersects with Southgate. He said he has been trying to get speed bumps installed in that neighborhood for several months and he is concerned for the safety of the children there. Council Member Colmenero urged staff to help resolve that situation. City Manager Garcia said he spoke with Mr. Hietpas about his concerns yesterday and said that with regard to requests for speed bumps and traffic signals, the city generally tries to work with property owners in a particular area, which in this case would be the Housing Authority. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 2-8. Council members requested that Item 4 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: Minutes Regular Council Meeting February 23, 1999 Page 4 2. M99-049 Motion approving a supply agreement with the following companies for the following amounts for approximately 106,000 feet of polyethylene pipe and 4,480 fittings in accordance with Bid Invitation No. BI -0031-99 based on low bid for an estimated annual expenditure of $58,961.75. The terms of the contracts will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 98-99. SECOR Perfection Corp. Houston, TX Madison, OH Groups 1 & 2 Group 3 $55,300.75 $3,661.00 Grand Total : $58,961.75 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. 3. M99-050 Motion approving a supply agreement with Hughes Supply, Inc., Corpus Christi, Texas for approximately 1,627 ductile iron mechanical joint, flanged and swivel fittings and approximately 5,388 related accessories in accordance with Bid Invitation No. BI -0034-99, based on low bid for an estimated annual expenditure of $57,984.85. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. These items are purchased into the Warehouse Inventory and charged out to the Water and Wastewater Departments. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. 5. M99-052 Motion authorizing the City Manager or his designee to execute a deferment agreement that would allow the Director of Engineering Services/City Engineer to approve the final plat for filing for Lot 1, Block 8, Saratoga Weber Plaza in advance of completion of seventy-five percent of the required public improvements by the Developer, upon Developer posting a cash bond or equally liquid negotiable security with the City in the amount of 110% of the cost of the project, as authorized by Section V, Paragraph A, Subparagraph 3.b.(3) of the Plat Ordinance. Minutes Regular Council Meeting February 23, 1999 Page 5 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. 6. ORDINANCE NO. 023567 Ordinance authorizing the City Manager or his designee to execute a use privilege agreement with Koch Petroleum Group Inc., to construct, install and maintain 80 linear feet of underground 6 -inch steel casing containing permanent fiber optic cables across the Up River Road right-of-way, located approximately 1,100 feet west of the Clarkwood right-of-way; establishing a fee of $230. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. 7. ORDINANCE NO. 023568 Ordinance closing and abandoning a 6,577 -square foot utility easement out of the J.B. Hunter 10 -acre tract, recorded in Volume 9, Page 255, of the map records of Nueces County, Texas; subject to compliance with specified conditions and the owner, Power Equipment International Inc., replatting the property within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. 8. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a 60 -year lease with Robert J. and Lois C. Johnston to occupy 414.82 -square feet of the existing Cordula Street right-of-way with an existing wooden privacy fence and a portion of the poolside concrete patio; establishing a fee of $400 as payment for the first 5 -year lease increment. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols and Neal voting "Aye"; Martin absent. ************* Mayor Neal opened discussion on Item 4, minor storm drainage improvements. In response to a question from the Mayor, Mr. Escobar explained that staff has contacted the Minutes Regular Council Meeting February 23, 1999 Page 6 Wood River Home Owners' Association and officials from Tejas Pipeline regarding a proposed participation agreement. Mayor Neal asked if that will delay the other drainage improvement projects. Mr. Escobar said that in case a problem arises, the Wood River project has been bid as Additive Alternate No. 1 and can be deducted from the contract if necessary. Mayor Neal also asked about the status of the downtown drainage system analysis. Mr. Escobar replied that a contract was awarded to Russell-Veteto Engineers, who has submitted a draft report for comments from staff. He said they have also been keeping the Downtown Management District (DMD) informed about the progress of that project. Mr. Kevin Stowers said Russell-Veteto is in the process of establishing the stormwater master plan for the downtown area, including recommendations for capital improvement projects. Mr. Escobar said that two other drainage projects out for bids are Channel 31 and repairs to the guard rail on the Cayo Del Oso bridge. Council Member Colmenero asked about exposed drainage lines from buildings in the downtown area. Mr. Escobar said that is a different project than the downtown drainage system analysis. He said the DMD is working with Traffic Engineering to do a sidewalk repair analysis and investigation, beginning on Chaparral Street. City Secretary Chapa polled the Council for their votes as follows: 4. M99-051 Motion authorizing the City Manager or his designee to execute a construction contract with King Isles Inc. of Corpus Christi, Texas in the amount of $337,443.90 for the minor storm drainage improvements project. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. * * * * * * * * * * * * * 9.a. WITHDRAWN Christi, cffcctivc April 5, 1999. 9.b. WITHDRAWN Revising Scction 13 2, Building Code-uf-the City Codc of Ordinances, by ineeiroration of Edition, cff etivc April 5, 1999. Minutes Regular Council Meeting February 23, 1999 Page 7 9.c. WITHDRAWN SBCCI Standard Gas Codc, 1997 Edition, cffcctive April 5, 1999. 9.d. WITHDRAWN of the SBCCI Standard Mechanical Codc, 1997 Edition, cffcctive April 5, 1999. 9.e. WITHDRAWN • • ..- - e • .. of the SBCCI Standard Plumbing Codc, 1997 Edition, cffcctivc April 5, 1999. 9.f. WITHDRAWN Mayor Neal opened discussion on Item 10, organizational study of the Aviation Department. He called for comments from the audience, and there were none. Council Member McNichols asked what the funding mechanism would be for the study. Ms. Bonnie Allin, Director of Aviation, said the funding would be the department's operating revenue, which is derived from rental fees paid by the airlines and rental car companies, as well as parking lot revenue. Dr. McNichols questioned whether the study could be conducted in a few years rather than at this time. Ms. Allin said the department needs to be as effective and efficient as possible at this time in order to complete the construction of the terminal building and related facilities. Responding to Council Member Garcia, the City Manager explained that the airport operates in a very self-contained labor market, i.e., the skills that the employees develop are very specialized and unique to airports, and consequently the employees often move from one airport to another. City Manager Garcia said the City Council had expressed concerns about the organization of the Aviation Department and they requested that an outside review be conducted. He said that review was designed to be a two-phase project: Phase I consisted of an organizational analysis, including employee surveys, and a comparison of Corpus Christi's facility to other airports; Phase II involves a detailed plan for implementing the recommendations that were made as a result of Phase I. Mr. Garcia said that upon the completion of Phase II, he expects to have a number of proposals to present to the Council of concrete changes of the department's organization, classification, and structure. Minutes Regular Council Meeting February 23, 1999 Page 8 Mr. Greg Hartman, Senior Partner with MGT of America, said his firm is a national management consulting firm which only works with public sector entities around the country. Mr. Hartman said MGT was selected in August 1998 and made their first site visit the following month. He described the methodology and organizational issues associated with the first phase of the study, and he referred to current and proposed organizational charts of the Aviation Department. He also described the operational and personnel issues that were revealed during the study. One issue he addressed was the inadequacy of compensation for airport public safety personnel, particularly in comparison to the salary ranges of city police and fire personnel. Mr. Hartman said that with regard to operations at the airport, major recommendations were: new organizational structure to balance work and span of control; educate staff on funding and budget issues; create a formal and documented budget process; create a communications plan for the new terminal; identify a billing and tenant management system that works with the city's system; and immediately repair the network downtime problem. He said MGT made the following recommendations related to personnel: conduct a comprehensive pay and classification study of the department; educate all employees and city leaders about the need for respect for the current grievance procedure; establish job evaluation criteria for all positions; and establish and monitor workload measurements for all divisions, using the measurements to determine if workload levels are appropriate. Responding to questions from Council Member Garcia, Mr. Hartman explained that Phase II would involve implementing solutions to issues raised in Phase I, including determining the correct level of pay for employees, giving them the right amount of responsibility, and assessing their performance with evaluation criteria based on their new responsibilities. Council Member Cooper asked about the cost of Phase I of the study. Mr. Hartman replied that it cost $32,000. He added that the original request for proposals issued by the city asked for costs for both Phase I and Phase II, on which MGT bid along with other companies. Ms. Cooper said she thought Phase I was very thorough and she questioned the need to spend additional monies for another phase of the study. City Manager Garcia replied that if Phase II was not completed, staff would not have the mechanisms needed to implement the changes recommended in Phase I. Council Member Colmenero discussed the issue regarding the city's grievance procedure. Mr. Hartman replied that his company has conducted studies in several different cities and they feel that Corpus Christi has a good grievance procedure. He said it would be more beneficial for all concerned if employees trusted the grievance procedure and let it work. Responding to another question from Mr. Colmenero, City Manager Garcia said this study is designed to deal with specific issues in the Aviation Department. However, principles such as market rate -based compensation can be applied to other city departments, and the Council has already approved actions to take several major steps in that direction. Minutes Regular Council Meeting February 23, 1999 Page 9 Mr. Colmenero asked about ways to boost morale at the airport. Mr. Hartman said he thought concerns about pay are really driving morale. He said there is also a feeling that the airport makes money for the city but that the funds go "downtown" and are not utilized at the airport, which is a communication issue. Mr. Colmenero asked if the Airport Advisory Board had seen the proposed organizational structure for the Aviation Department, and Mr. Hartman said they had. Council Member Gonzales said he thought the report was good and accomplished what the Council had intended. He added that it is important to proceed with the second phase in order to continue the progress that has been made. Responding to a question from Dr. Gonzales, Mr. Hartman said the Human Resources Department would be the most appropriate department to help develop some of the necessary education and discipline about use of the grievance procedure and other recommendations addressed in the study. Council Member Betty Jean Longoria also expressed her support for the proposal, saying she did not want to shortchange the process or the employees. Council Member Garcia said the first phase of the study indicated what many of the concerns are, particularly employee compensation. He said it is the Council's responsibility to take action on the recommendations made in the first phase of the study before they approve another $40,000 to $50,000 for a second phase. He said he felt the timing was wrong for an additional study. City Secretary Chapa polled the Council for their votes as follows: 10. M99-053 Motion authorizing the City Manager or his designee to execute a contract with MGT of America to complete Phase II of the organization study including department evaluation criteria and performance measures for the Corpus Christi Department of Aviation for an amount not to exceed $44,500. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, and Neal voting "Aye"; Garcia and McNichols voting "No"; Martin absent. * * * * * * * * * * * * * 11. WITHDRAWN Motion authorizing thc City Manager to -accept thc proposal of the -law firm of Lloyd, Texas Natural Resource Conservation Commission, Corpus Christi's application for a five year renewal of its permit to discharge water from its -storm sewers in compliance with the Minutes Regular Council Meeting February 23, 1999 Page 10 National Pollutant Discharge Elimination System program. The hourly rate for assigned the-applieation7 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, supply agreement for mowing rights-of-way. He called for comments from the audience. Mr. J.E. O'Brien questioned whether $798,976.96 is cost-effective when compared to what it would cost the city to have their employees do the same job. Mr. R.F. Hasker asked about the Stormwater Department. City Manager Garcia replied that Ms. Valerie Gray is the Stormwater Superintendent. Council Member McNichols noted that Mr. Hasker had referred to a previous proposal to form a separate stormwater utility, which was different from the actual Stormwater Department. Dr. McNichols explained that part of the problem with the utility proposal was that it was believed the city had to abide by an onerous mandate from the Environmental Protection Agency; however, that was not the case and the proposal to form a stormwater utility was withdrawn. He said a modified proposal may be brought back to the Council in the future to address ongoing stormwater needs. Mr. Jimmie Till, 6034 Lost Creek, said he has appeared before the Council on many occasions requesting that mowing activities be improved. He asked what the supply agreement will address. Ms. Gray, Stormwater Superintendent, explained that the Stormwater Department is responsible for maintaining approximately 2,500 acres of street and drainage ditch rights-of-way throughout the city. The proposed supply agreement will establish mowing cycles for 1,100 acres in the west and northwest part of the city (which she illustrated on a map), thereby allowing city crews to concentrate their efforts on other, more heavily populated areas. She said that of the 1,100 acres, the contractor will also be responsible for approximately 260 acres of major ditch slope - mowing, including picking up litter prior to mowing and minor hand -trimming. She said the major ditch right-of-way mowing will be done approximately every 90 days, and the minor ditch mowing will be on a 45 -day cycle. City Manager Garcia added that a city-wide mowing program for park facilities will be discussed in the future. Council Member John Longoria asked if this proposal was being made in response to concerns the Council had raised last summer during the budget process, and Ms. Gray said it was. Mr. Longoria said he assumed the city would save money in capital expenditures and labor by contracting out this work; Ms. Gray said that was correct. She added that the cleaning of the bottoms of the ditches would still be performed by Stormwater Department staff. Minutes Regular Council Meeting February 23, 1999 Page 11 Responding to Council Member Gonzales, City Manager Garcia said the supply agreement is contingent upon the Council appropriating the amount of the contract in the annual budget. Mayor Neal asked that staff also provide quarterly updates to the Council on the progress of the mowing efforts. Council Member Cooper asked if additional attention will be paid to coordinating the work being performed by the contractors. Ms. Gray said staff will be working closely with the mowing improvement team to address issues that have been raised. In reply to Council Member Betty Jean Longoria. Ms. Gray said during the last budget process the Council approved two additional brush crews in the Stormwater Department. Council Member Garcia commended Ms. Gray and the Stormwater employees for their efforts, and he asked about grass clippings left by the mowing operations. Ms. Gray replied that the contractor will be responsible for removing excessive grass clippings along the curbs, gutters and sidewalks, which will be monitored by city staff. She added that they do not anticipate excessive grass clippings since there will be regular mowing cycles. Council Member Colmenero said he thought this effort will help alleviate some of the debris that eventually goes into the bay through the stormwater drainage systems. He also requested a mowing schedule so they can respond to citizens' questions. City Secretary Chapa polled the Council for their votes as follows: 12. M99-054 Motion approving a supply agreement with Plant & Pipeline Services Inc., Corpus Christi, Texas for mowing storm water rights-of-way in accordance with Bid Invitation No. BI -0063- 99 based on low bid for an estimated two year expenditure of $798,976.96. The term of the contract will be for twenty-four months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Storm Water Department in FY 98-99 for the first year of the agreement. Funds for the second year are subject to appropriation in FY 99- 00. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. ************* Mayor Neal opened discussion on Item 13, Tule Lake Lift Bridge operations. He called for comments from the audience, and there were none. Minutes Regular Council Meeting February 23, 1999 Page 12 Responding to Council Member Garcia, City Manager Garcia said it has cost the city between $60,000 and $70,000 a year to operate the Tule Lake Lift Bridge, and that expense will be deferred through this action. City Secretary Chapa polled the Council for their votes as follows: 13.a. M99-055 Motion authorizing the City Manager or his designee to execute an agreement with the Port of Corpus Christi Authority and Nueces County to transfer all operational, maintenance, and financial responsibilities associated with the Tule Lake Lift Bridge to the Port of Corpus Christi. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. 13.b. ORDINANCE NO. 023569 Ordinance authorizing grant of easement and right-of-way to Port of Corpus Christi Authority for construction of the Joe Fulton International Trade Corridor over the former Westside Landfill. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, executive search services for departmental positions. He called for comments from the audience. Mr. J.E. O'Brien noted that the City Manager is proposing prorating the cost of the contract, with 18.2% to come from the General Fund and 81.8% from the Combined Utility System. Mr. O'Brien questioned how the City Manager can justify those percentages from those particular funds. Responding to Council Member Gonzales, City Manager Garcia explained that the $55,000 fee consists of $42,500 for professional services in the recruitment of individuals to fill five executive leadership positions, and up to $12,500 in reimbursable actual expenses for consultant travel, advertising and other expenses. He said occasionally when recruitment efforts like these are undertaken, a consultant may be asked to perform extraordinary services over and above what had been negotiated, which would be billed at an hourly rate. In reply to Council Member Garcia, the City Manager said that five proposals were received, ranging from $123,000 to $55,000, which was submitted by DMG-MAXIMUS Inc. Minutes Regular Council Meeting February 23, 1999 Page 13 Council Member Garcia asked if requests for proposals were sent to any local firms. Ms. Cynthia Garcia, Director of Human Resources, said RFPs were only sent out to search firms which had conducted recruitments for municipalities, adding that she did not think local firms had the experience that the national firms did in that area of recruitment. Council Member John Longoria commented on the issue of confidentiality in the recruitment process, and he said the use of an executive search firm will allow City Manager Garcia to recruit the kind of executive level team he is looking for to move the city forward. Mayor Neal asked if there was anything in the contract that would preclude local individuals from applying for the executive positions. Ms. Garcia replied that there was not, adding that the positions will also be advertised in the same way as other city positions. City Manager Garcia said there are competitive applicants within the city organization as well as other local candidates who should compete for these jobs. He said the citizens deserve to have the best executives working for the city, and the only way to ensure that is to conduct a nationwide search. Dr. Gonzales questioned why the Human Resources Department could not conduct the executive searches. City Manager Garcia replied that they have attempted to do that; in fact, some of the positions have been vacant for many months. He said they have spent approximately $40,000 to date on four different recruitments, including advertising in national journals and with professional associations. He explained that people who answer such advertisements are either out of work or unhappy in their current position, which is not necessarily the best candidate pool. He said the best way to attract the most motivated and talented people is to have someone recruit them. Council Member Cooper said there has been an issue of accountability regarding city staff, and she feels the public would like to see the recruitment process conducted by an entity outside the city. City Secretary Chapa polled the Council for their votes as follows: 14. M99-056 Motion authorizing the City Manager to execute a professional services contract with DMG- Maximus Inc., Dallas, Texas, to provide executive search services for the following positions: Deputy City Manager, Assistant City Manager, Director of Finance, Director of Engineering, and Director of Planning at an overall fee not to exceed $42,500 for professional services and up to $12,500 for actual related expenses, except that travel expenses for finalist will be reimbursed to the applicants by the City of Corpus Christi, should additional services, such as psychological assessment be requested by the City Manager. Additional compensation to the consultant will be at the consultant's standard hourly rate for professional services, plus reimbursement of actual expenses. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. Minutes Regular Council Meeting February 23, 1999 Page 14 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, amendment to the Compensation Plan. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15. FIRST READING ORDINANCE Amending Ordinance 8127, as amended, Section 550, Administration of the Compensation Plan, Subsection 551.5, Rate of Pay on Promotion, and Subsection 551.6 Rate of Pay Classification Changes, to provide the City Manager authority upon promotion or reclassification of an employee to approve compensation at any salary amount between minimum and maximum salary range in the higher salary grade when any exceptional experience, training, or labor market conditions justify the action. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. * * * * * * * * * * * ** Mayor Neal announced the three closed sessions, pursuant to Texas Government Code Section 551.071, regarding the following: City of San Juan v. Central Power & Light Co., No. C- 2510 -96-F, 332' District Court, Hidalgo County, Texas; Corpus Christi Fire Fighters Association v. City of Corpus Christi, No. 95-7101-G, 319t District Court, Nueces County, Texas; and Texas Natural Resource Conservation Commission Docket No. 98 -1391 -MSW, State Office of Administrative Hearings Docket No. 582-98-2255, City of Corpus Christi Application for Landfill Permit, with possible action related thereto in open session. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Tom Utter, Assistant City Manager for Development Services, said he did not have a report from City Manager Garcia (who left the Council meeting to attend "Corpus Christi Day" in Austin). Mr. Utter referred to the update on the day's agenda regarding the efforts thus far of the 76th Texas Legislature. He distributed copies of the legislative program that the City Council approved in October 1998, and he discussed the numerous bills that have been filed and those that may be filed Minutes Regular Council Meeting February 23, 1999 Page 15 during the current legislative session which pertain to the issues supported by the Council. As a point of reference, Mr. Utter said there have been 1,692 bills filed in the Texas House of Representatives and 626 bills filed in the Texas Senate. In addition, the Texas Municipal League (TML) and the nine large cities in Texas (including Corpus Christi) are tracking 661 bills—some of which they oppose, some of which they support, and some they are monitoring. Mr. Utter then went through the city's legislative program in detail and described the related bills which covered a wide variety of issues. Mr. Utter also responded to Council members' questions. Mr. Utter said that bills can be filed until March 12th and approximately 7,500 bills are expected to be filed. He said the city's lobbyists have been very active. Dr. Gonzales asked that the lobbyists make a presentation about legislative issues to the Council, and Mayor Neal suggested they do so after the deadline for filing of bills. Responding to Council Member Colmenero, Mr. Utter briefly discussed Del Mar's legislative agenda. Mayor Neal said the City Council will maintain its support for Del Mar's legislative agenda just as it did for Texas A&M -Corpus Christi's agenda. Referring to the issue raised earlier in the meeting by Mr. Hasker, Mayor Neal announced that there will be a public meeting on February 25`h at 4:30 p.m. at the Lindale Senior Center to discuss the design of the Southeast Senior Center. In attendance will be Park and Recreation staff, the Southeast Senior Center Steering Committee, the Senior Community Services Advisory Committee, members of the Garden Club, and the design firm of Bennett, Martin and Solka. Mayor Neal asked Mr. Utter if the public hearing for the Annual Action Plan, which includes the Community Development Block Grant program, has to be held on April 27th. He said he was asking because two years ago there was a runoff election, and the new Council was not seated until a week before the CDBG hearing. Mr. Utter replied that staff will review that but the dates are basically locked in due to statutory requirements. Council Member McNichols asked about a dynamite seismic survey that is being requested by Western Geophysical in the canals of Padre Isles. Mayor Neal said a public hearing has been scheduled to address that issue. Mayor Neal said there was a motion associated with one of the closed session items. He made the following motion, which was seconded by Dr. Gonzales. The Mayor then called for a voice vote on the motion: M.3. M99-048 Motion approving settlements with Zaidee Inez Thomeson Winton, Dwaine D. Perrenot, Robert and Judy Pyle, and Juan and Lydia M. Rivera in connection with the new landfill TNRCC proceeding as negotiated by the City's attorneys. Minutes Regular Council Meeting February 23, 1999 Page 16 The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, J. Longoria, McNichols, and Neal voting "Aye"; Cooper, B. Longoria, and Martin absent. Mr. Bray announced that a public hearing on the seismic testing was scheduled for February 24th at 1:30 p.m. in the City Hall Basement Training Room. Dr. McNichols suggested that the Padre Island Homeowners Association be contacted about that meeting early the next morning. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 6:00 p.m. on February 23, 1999.