HomeMy WebLinkAboutMinutes City Council - 08/24/1999I 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 August 24, 1999, which were approved
by the City Council on August 31, 1999.
WITNESSETH MY HAND AND SEAL, this 31st day of August, 1999.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 24, 1999
2:04 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Rex A. Kinnison
Council Members:
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
John Longoria
Mark Scott
ABSENT
Betty Jean Longoria
City Staff:
City Manager David R. Garcia
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretary Rachelle P. Ramon
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The Mayor
then gave the invocation, following which the Pledge of Allegiance to the flag of the United States
was led by Council Member Gonzales.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting. Mayor Neal called for approval
of the minutes of the regular Council meeting of July 27, 1999. A motion was made and passed to
approve the minutes as presented.
Mayor Neal referred to the board and committee appointments on the day's agenda, and the
following appointments were made:
Storm Water Management Adv. Cmte.
W. Greg Carter
Robyn Cobb
Eduardo Garcia
Willard Hammonds II
William Holland
Claudia L. Lobel]
Henry Nuss
Joe Ortiz
Michael Pusley
Ted Stephens
Dan Winship
Arts & Cultural Commission
Joan Moss
Sheila Rogers
Elizabeth Reese
George Balli
Deborah Fullerton
Food Service Advisory Committee
D.W. Haven
Landmark Commission
Elmon Phillips
Minutes
Regular Council Meeting
August 24, 1999
Page 2
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Guy Watts raised several issues in anticipation of the Corpus Christi Independent School
Board election in spring 2000, including increasing the length of the school year and school day, dual
language skills and high-tech job skills, parenting classes, coordination of programs and facility
construction, and safe havens.
Mr. Jack Gordy, 310 Norton St., referred to information he had provided to the Council
regarding enforcement of the laws regarding illegal signs, including political signs. He said the city
is not enforcing the state law or city ordinance on the issue.
Mr. William James Sack Jr., 530 Fairview Dr., said he is from the MHMR Committee. He
discussed the need for jobs (particularly for young people), housing, and the problem of increasing
crime.
Mr. Mike Baker, 4641 Gayle Circle, described how he had to pay to dispose of roofing
material at the landfill, while someone else just left a pile of drywall on the street for weeks, which
city crews eventually picked up. Mr. Baker also said that the disposal of hazardous waste at the
landfill should always be free. Mayor Neal noted that on August 31st the Council will be discussing
a revised solid waste services ordinance.
Mr. Ron Karchmer, President of the Board of Metro Ministries, appeared with Rev. Ed
Seeger, Executive Director of Metro Ministries, to thank the Council for their support of an
Emergency Shelter Grant of $55,000 and a Community Development Block Grant of $55,000. He
said the grants will be used by Metro Ministries' various programs, including Loaves and Fishes,
Rainbow House, Vineyard Services, and the medical clinic. He invited the Council to visit their
facilities at any time.
Mr. Jose Marroquin, 2443 Allencrest, said he thought shelters should be made available to
citizens who cannot evacuate the city in the event of another hurricane. He said citizens should speak
out against tax abuse, and he showed examples of the taxes he is paying on his property. He said the
taxing units should better manage the taxpayers' money.
Mayor Neal asked the City Manager to comment on the issue of shelters. Mr. Garcia replied
that the American Red Cross is principally responsible for providing shelters for residents during
emergencies, and they have a national policy that they will not open shelters in advance of
hurricanes. Immediately after the storm passes, they will then open shelters for returning people
whose property has been damaged or do not have access to utilities. He noted that the Red Cross
opened shelters in San Antonio, Austin and areas outside the immediate threat of the hurricane. With
regard to taxes, Mr. Garcia said the city of Corpus Christi has not had a tax increase since 1995.
Minutes
Regular Council Meeting
August 24, 1999
Page 3
Council Member Gonzales said he thought they should study the issue of having shelters in
the city during a hurricane. Council Member Garrett asked if the city has an agreement with the
Salvation Army to establish shelters in the city. Mr. Garcia replied that the Salvation Army provided
food during the incident. Also, although the Red Cross did not open any shelters here the city had
an agreement with the Salvation Army to provide what is called the shelter of last resort principally
for people who were homeless and virtually out on the road during the storm.
Mr. Garcia went on to say that the city's policy basically classifies a substantial portion of
the workforce as essential employees --Fire Department, Police Department, and a large number of
the Public Works staff. Those employees are required to remain in the city regardless of the weather
conditions. He said since there are a large number of employees whose families do not have the
capacity to evacuate once the employee is on the job, and since there are many employees who are
single parents, the city made provisions with the Salvation Army and CCISD to provide the families
of those employees with shelter during the hurricane.
Council Member Colmenero said he agreed with the Red Cross about the shelters to a degree,
adding that it would be a good opportunity to further explore the issue. He said some people did not
have transportation to evacuate the city. He said he visited some shelters in San Antonio during the
storm and he said Corpus Christi residents were well cared for. Mr. Garcia said after Hurricane Celia
and other hurricanes, the Red Cross concluded that it is virtually impossible to ensure the safety of
people in shelters when hurricane -force winds are occurring. He said if the Council would like staff
to explore setting up municipal shelters for the population, they can do so. He said there is
considerable expense and responsibility associated with that endeavor, which he explained. Mayor
Neal suggested that staff look into it as part of the post -hurricane evaluation.
Ms. Mary Jane Garza said she could not evacuate because her daughter was in the late stages
of pregnancy. She said governments were institutionalized for the protection and safety of their
citizens. She also questioned the availability of Federal Emergency Management Agency (FEMA)
funds for her neighbor and others who experienced damage from the storm.
In response to Ms. Garza, Mr. Garcia said the city has received an emergency designation
from FEMA. He noted that the first two categories of assistance involve reimbursement for direct
costs associated with an emergency as well as the cost for damage assessment. He said the city
incurred a substantial amount of direct cost in preparing for the hurricane --over 1,000 city employees
were brought in. Immediately after passage of the storm, 27 damage assessment teams surveyed the
entire city looking for evidence of damage to buildings, structures or facilities so the repair process
can begin. In addition, the debris removal process began immediately.
Mr. Garcia went on to say that in order for homeowners and business owners to receive
additional FEMA funds, the city needs to demonstrate that damage occurred. He said the preliminary
assessment concluded that there has not been a substantial amount of structural damage as a direct
result of the storm. Mayor Neal said the city did appeal an initial ruling of damage but they have not
Minutes
Regular Council Meeting
August 24, 1999
Page 4
received an answer to their appeal. Dr. Gonzales reiterated his conviction that staff should explore
the idea (costs, etc.) of establishing shelters in the city.
Mrs. Kay Noyes, 930 Coral, commended city officials for their leadership during the
hurricane. She said she is continuing to request that a safety light be installed on Everhart. She said
it will benefit many people, including a friend of hers who is in a wheelchair and who crosses
Everhart to get to work. She asked if there would be any objection to collecting money from private
parties to install the light. Mrs. Noyes also commented on Council members taking trips.
Mr. Phil Rosenstein, 949 Bobalo, also referred to the issue of shelters, saying that many
people cannot leave town due to age, disability, or lack of transportation. In addition to providing
a safe place for people to go to during a hurricane, he said shelters also ease people's fears during
the storm because they are not enduring it by themselves.
Mr. J.E. O'Brien, 4130 Pompano, said he agreed that the city should review their policy
regarding shelters. He said that while it is commendable to have a shelter for the families of city
employees, he questioned the message it sends to people who do not have access to a shelter. Mr.
O'Brien also said that on August 16'h the Executive Board of the Corpus Christi Taxpayers
Association unanimously passed a motion to strongly endorse and support the Hotel -Motel -
Condominium Association's request to remove the Convention and Visitors Bureau from the Greater
Corpus Christi Business Alliance. He said they believe that will allow for more accountability to the
citizens. He also referred to a graphic from the San Antonio Express -News regarding job growth in
the past 12 months of 11 Texas cities, in which Corpus Christi was ranked last.
Mr. R.F. Hasker, 1813 Wallace, read an editorial in the Corpus Christi Caller-Tirnes, which
criticized Council members for accepting airline travel and hotel accommodations paid for by the
Convention and Visitors Bureau (CVB) for various tourism conventions. The editorial questioned
the ethics of the decision since the Council had previously approved the CVB's budget, including
a request for increased funding for tourism promotion.
Mr. Abel Alonzo, 1701 Thames, said a community effort was undertaken to raise $5,000 for
a new electric wheelchair for a disabled young man. Mr. Alonzo thanked the Mayor and Council
Members Scott, Garrett, and Kinnison, as well as City Manager Garcia, Fire Chief Adame and Police
Chief Alvarez. He particularly thanked his co-chairs on the project, Mr. David Ramos, ADA
Coordinator for the city, and Council Member Cooper.
Mayor Neal called for consideration of the consent agenda (Items 3-35). He said Item 32, bait
stand lease, was withdrawn at the request of the lessee because she needed additional time to review
it. Council members requested that Item 6 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
August 24, 1999
Page 5
3. M99-275
Motion approving the purchase of sixty-five sets of World Book Encyclopedia from World
Book School/Library Division, Donna, Texas, for the total amount of $48,685, based on Sole
Source. The encyclopedias are for the South Texas Library System and funding is provided
through state and federal grants.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; 13. Longoria absent.
4.a. M99-276
Motion approving the purchase of 200 mobile console hardware mounts from
SMC/Advanced Products, Magnolia, Texas, to be used by the Police Department and the Fire
Department, based on low bid meeting specifications, in accordance with Bid Invitation No.
BI -0175-99 for a total of $145,551. Funds are available through the City's lease purchase
financing agreement.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
4.b. M99-277
Motion approving the purchase of 206 laptop computers from Compaq Computers
Corporation, Houston, Texas, to be used by the Police Department and the Fire Department,
in accordance with the State of Texas Cooperative Purchasing Program for a total of
$530,244. Funds are available through the Crime Control and Prevention District Fund and
through the City's lease purchase financing agreement.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
5. M99-278
Motion approving the purchase of 1,000 gallons of Atrapa (96.5% Malathion) from Van
Waters & Rogers Inc., Corpus Christi, TX for $23,400 based on low bid. The Atrapa will be
used by the Health Department -Vector Control as an insecticide for control of adult
mosquitoes.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
Minutes
Regular Council Meeting
August 24, 1999
Page 6
7. M99-280
Motion authorizing the City of Corpus Christi's proportional contribution of the local share
of administrative costs for regional water planning activities required by Senate Bill 1, 75`h
Texas Legislature, in accordance with the City's share, funded in the 1999-2000 operating
budget, estimated to be $45,300.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
8. M99-281
Motion authorizing the acquisition of Parcel No. 4 located on Ennis Joslin Road adjacent to
and part of the Pharaoh Valley Golf Course, for $121,340 in connection with the Spur 3,
Phase 2 Improvements Project.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
9. M99-282
Motion authorizing the City Manager or his designee to execute a two-year lease agreement,
with the option to renew for an additional two-year periods, under the same terms and
conditions, with Stewart & Russo Partnership, for a tract of land located at Resaca and Sam
Rankin Street, to be used by the City's Street Department for material storage, for a rental
fee of $315.00 per month.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
10. M99-283
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount of $959,278 with Chief Contracting Inc. of Houston, Texas for the Allison/
Broadway/Greenwood/Oso Basins: 15 Diameter and Larger Sewer Lines Cleaning project.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
1L M99-284
Motion authorizing the City Manager or his designee to execute a construction contract in
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Regular Council Meeting
August 24, 1999
Page 7
the amount of $436,100 with R. S. Black Civil Engineers & Contractors/Machinery and
Materials, Inc. (a Joint Venture) for the Lift Station #5: Pump Addition and Upgrade - 1997
(Wastewater Lift Station at S. Staples/Saratoga and Buckingham).
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
12. M99-285
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 of Lots 5 and 6 of Greenwood Terrace Unit 3 in advance of completion of 75% 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 Platting
Ordinance.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
13. M99-286
Motion approving the application from Bayfest, Inc. to temporarily close the following street
sections for the Bayfest '99 Festival, September 17-19, 1999.
A) Northbound Shoreline Boulevard (inside lane only) between westbound Interstate 37 and
Hughes Street, from 9:00 a.m., Wednesday, September 8 through 8:00 a.m., Friday,
September 17 and from 6:00 a.m., Monday, September 20 through 5:00 p.m.,
Wednesday, September 22, 1999.
B) Southbound Shoreline Boulevard (full closure), between westbound Interstate 37 and
Hughes Street, from 9:00 a.m., Wednesday, September 8 through 5:00 p.m., Wednesday,
September 22, 1999.
C) Northbound Shoreline Boulevard (full closure), between westbound Interstate 37 and
Hughes Street, from 8:00 a.m., Friday, September 17 through 6:00 a.m. Monday,
September 20, 1999.
D) North Water Street, (full closure), between Fitzgerald Street and Hughes Street from 8:00
a.m. Friday, September 17 through 6:00 a.m., Monday, September 20, 1999.
E) Power Street, Resaca Street, Palo Alto Street, Fitzgerald Street, and Hughes Street (full
closures), each between Water Street and N. Shoreline Boulevard, from 8:00 a.m.,
Friday, September 17 through 6:00 a.m., Monday, September 20, 1999.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
Minutes
Regular Council Meeting
August 24, 1999
Page 8
14. RESOLUTION NO. 023723
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with Corpus Christi Independent School District to execute a ten month agreement to operate
a Latchkey Program on designated CCISD campuses.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
15. ORDINANCE NO. 023724
Ordinance amending Ordinance No. 022815 passed and approved on January 14, 1997, by
amending Section 3 to adopt the final assessment roll and assessments to be levied against
the owners of property abutting on the following streets included in the Del Mar Area Street
Improvements, Phase III project: Del Mar Boulevard—South Staples Street to South Alameda
Street; Naples Street -15`h Street to South Alameda Street; Atlantic Street — 15' Street to
South Alameda Street; Southern Street — 15th Street to South Alameda Street; Louisiana
Avenue — Brownlee Boulevard to South Alameda Street; Brownlee Boulevard — South
Staples Street to Louisiana Avenue; Cole Street — Brownlee Boulevard to South Staples
Street; 15`h Street — South Staples Street to Louisiana Avenue; 16h Street — South Staples
Street to Louisiana Avenue; Southern, Atlantic, and Naples Streets between 15`h Street and
16`h Street; Cole Street — Brownlee Boulevard to South Alameda Street; and Louisiana
Avenue — Brownlee Boulevard to Swanter Drive.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
16.a. M99-287
Motion authorizing the City Manager or his designee to execute a grant contract with the
General Services Commission, State Energy Conservation Office (SECO) in the amount of
$33,500 for the Clean Cities Alternative Fuels Initiatives program.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
16.b. ORDINANCE NO. 023725
Ordinance appropriating $33,500 from a contract with the General Services Commission in
the No. 1050 Federal/State Grants Fund for the Clean Cities Alternative Fuels Initiatives
Program.
Minutes
Regular Council Meeting
August 24, 1999
Page 9
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
17.a. M99-288
Motion authorizing the City Manager or his designee to execute Attachments No. 03 and 04
to Contract No. 7460005741-2000 with the Texas Department of Health in the amount of
$162,823 for tuberculosis prevention and control and $117,975 for regional/local health
operations for the period of September 1, 1999 to August 31, 2000.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
17.b. ORDINANCE NO. 023726
Ordinance appropriating a grant from the Texas Department of Health in the amount of
$162,823 for tuberculosis prevention and control, and $117,975 for regional/local health
operations in the No. 1050 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
18. ORDINANCE NO. 023727
Ordinance transferring $750,884 from the No. 1020 General Fund to the No. 1050
Federal/State Grants Fund, and appropriating $750,884 in the No. 1050 Federal/State Grants
Fund as matching funds for Senior Community Services programs.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
19. M99-289
Motion approving the submission of a grant application in the amount of $348,509 to the
U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY
1999 Local Law Enforcement Block Grants Program. Grant funds will be used to purchase
marked vehicles and law enforcement equipment for the Police Department.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Minutes
Regular Council Meeting
August 24, 1999
Page 10
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
20.a. M99-290
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$55,000 and to execute a contract and all related documents with the Texas State Library and
Archives Commission for the continued operation of the Technical Assistance Negotiated
Grant Program administered by the South Texas Library System, which is located at the
Corpus Christi Public Library, for the state fiscal year 1999-00.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
20.b. ORDINANCE NO. 023728
Ordinance appropriating $55,000 from the Texas State Library and Archives Commission
for technical assistance to the South Texas Library System, administered by Corpus Christi
Public Library, in the No. 1050 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
21.a. M99-291
Motion authorizing the City Manager or his designee to accept an amendment for a grant
increase in the amount of $21,509 to contract #470-99004 with the Texas State Library and
Archives Commission for the continued operation of the South Texas Library System located
at Corpus Christi Public Library for the state fiscal year 1998-1999.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
21.b. ORDINANCE NO. 023729
Ordinance appropriating an additional $21,509 from the Texas State Library and Archives
Commission from their FY 98-99 budget to operate the South Texas Library System,
administered by the Corpus Christi Public Library, in the No. 1050 Federal/State Grants
Fund.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Minutes
Regular Council Meeting
August 24, 1999
Page 11
Longoria absent.
22.a. M99-292
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$137,974 and to execute a contract and all related documents with Texas State Library and
Archives Commission for the continued operation of the Interlibrary Loan Referral Center
located at the Corpus Christi Public Library.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
22.b. ORDINANCE NO. 023730
Ordinance appropriating $137,974 from the Texas State Library and Archives Commission
for operating the Interlibrary Loan Center by the South Texas Library System, administered
by Corpus Christi Public Library, in the No. 1050 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
23.a. M99-293
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$766,267 and to execute a contract and all related documents with the Texas State Library
and Archives Commission for the continued operation of the South Texas Library System
located at Corpus Christi Public Library for the state fiscal year 1999-2000.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
23.b. ORDINANCE NO. 023731
Ordinance appropriating $766,267 from the Texas State Library and Archives Commission
to operate the South Texas Library System, administered by Corpus Christi Public Library
in the No. 1050 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
Minutes
Regular Council Meeting
August 24, 1999
Page 12
24.a. M99-274
Motion authorizing the City Manager or his designee to execute a contract with the Texas
Department of Protective and Regulatory Services for funding in the amount of $500,000
from the Community Youth Development Grant for the 78415 zip code for projects as
recommended by the Community Youth Development Steering Committee.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
24.b. ORDINANCE NO. 023732
Ordinance appropriating $500,000 from the Texas Department of Protective and Regulatory
Services [Community Development Grant for the 78415 zip code] in the No. 1060
Federal/State Grants Fund for the 78415 youth service programs.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
24.c. M99-294
Motion authorizing the City Manager or his designee to execute a subcontract with
Communities In Schools, Inc. in the amount of $280,967 to provide mentoring services for
youth ages 6 to 17 in the 78415 zip code.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
24.d. M99-295
Motion authorizing the City Manager or his designee to execute a subcontract with the
Paisano Girl Scout Council in the amount of $17,587 to provide traditional Troop programs
for youth ages 6 to 17 in the 78415 zip code.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
24.e. M99-296
Motion authorizing the City Manager or his designee to execute a subcontract with the Park
and Recreation Department in the amount of $59,076.52 to provide summer activities for
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Regular Council Meeting
August 24, 1999
Page 13
youth ages 6 to 17 in the 78415 zip code.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
24.f. M99-297
Motion authorizing the City Manager or his designee to execute a subcontract with the
Volunteer Center of the Coastal Bend in the amount of $20,327.14 to provide family
volunteer services for youth ages 6 to 17 in the 78415 zip code.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
24.g. M99-298
Motion authorizing the City Manager or his designee to execute a subcontract with Youth
Odyssey, Inc. in the amount of $31,642 to provide supervised outdoor adventures for youth
ages 6 to 17 in the 78415 zip code.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
25. ORDINANCE NO. 023733
Ordinance amending Ordinance 8127, Subsection 952.13, Payment of Sick Leave upon
Termination, to correct clerical error in Ordinance 023704; providing for severance.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
26. ORDINANCE NO. 023734
Ordinance appropriating $9,800 in the No. 6010 Trust Fund-Regulo Garza TMRS Trust;
amending Ordinance No. 023702 which adopted the FY 99-00 Budget by adding $9,800 to
the No. 6010 Trust Fund-Regulo Garza TMRS Trust.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
Minutes
Regular Council Meeting
August 24, 1999
Page 14
27.a. RESOLUTION NO. 023735
Resolution authorizing the City Manager to execute an amendment to the Interlocal
Cooperation Agreement with the Coastal Bend Council of Governments, dated January 13,
1998, relating to Coastal Bend Council of Governments Grant No. 99-20-G09.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
27.b. ORDINANCE NO. 023736
Ordinance appropriating $4,000 in the Federal/State Grants Fund No. 1050, received from
the Coastal Bend Council of Governments, as a pass-through grant from the Texas Natural
Resource Conservation Commission, toward purchase of a mulch top dresser and tractor.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
28. RESOLUTION NO. 023737
Resolution authorizing the City Manager to execute an amendment to the Interlocal
Cooperation Agreement with the Coastal Bend Council of Governments, dated January 13,
1998, relating to CBCOG Grant No. 98-20-G08.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
29.a. ORDINANCE NO. 023738
Ordinance amending Ordinance No. 023702, which adopted the FY 99-00 budget, by adding
$10,229 to the No. 6010 Trust Fund - Vehicle Replacement Trust Fund; appropriating
$10,229 in the No. 6010 Trust Fund - Vehicle Replacement Trust Fund for the purchase of
conveyor belts for the City's composting program.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
29.b. M99-299
Motion approving the purchase of two stacking conveyor belt systems for the landfill brush
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Page 15
grinding and compost operation from MILYN Equipment, Inc., Midland, Texas, totaling
$45,740 in accordance with Bid Invitation BI -0146-99 based on low bid. Funding for the
purchase will be from a Coastal Bend Council of Government Solid Waste Grant, Trust Fund
No. 6010, and the Solid Waste Operating Budget.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
30. ORDINANCE NO. 023739
Ordinance authorizing the City Manager or his designee to execute a 6 -month lease, with a
6 -month option to renew, with Melvin Davis, sole proprietor d/b/a Prince Catering, to
operate a food service concession in the City Hall Kitchen Facilities in consideration of
Prince Catering paying 0.55% of gross receipts per month.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
31. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 2, Administration, Division 16 - Airport
Advisory Committee, Sections 2-175 Membership and 2-176 Duties by: renaming to Airport
Board; and providing for severance.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria
absent.
32.a. WITHDRAWN
language.
32.b. WITHDRAWN
Amending lca3c agreement with Patricia Jane Stubbs for operation of the L I Icad bait stand.
33.a. M99-300
Motion to amend prior to second reading by incorporating revisions to the Water
Conservation Plan.
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The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
33.b. ORDINANCE NO. 023740
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 Utilities, regarding
the Water Conservation and Drought Contingency Plan; providing for penalties.
The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria
absent.
34. ORDINANCE NO. 023741
Authorizing the City Manager or his designee to execute a 59 -year lease with Theodore
Dimopoulos to occupy 434 -square feet of the existing Chaparral Street right-of-way with
supports for a balcony and the airspace for a balcony at 315 Chaparral Street; establishing
a fee of $1,732 as payment for the first four-year lease increment.
The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria
absent.
35. ORDINANCE NO. 023742
Authorizing the City Manager or his designee to execute a twenty-year lease with the Art
Community Center of Corpus Christi, Inc. ("Lessee") in consideration of Lessee renovating
the existing building, constructing an addition to the building, parking and landscaping at its
expense and providing workshop and exhibit space for artists that is open to the public.
The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria
absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 6, post -implementation programming services.
Council Member Scott expressed concern that staff had underestimated the amount of money
that would be needed to implement this computer program. Mr. John Bacon, Director of MIS,
agreed, saying that as the software was being implemented there were more inconsistencies and more
small problems than they had originally estimated.
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Council Member Kinnison said he shared Mr. Scott's concerns, noting that two months ago
the Council approved a contract with this contractor for $37,500 and now staff was recommending
another agreement for $51,400. Responding to questions from Mr. Kinnison, Mr. Bacon and Ms.
Cynthia Garcia, Director of Human Resources, said the software was more difficult to implement
than staff thought and the contractor is adapting the software as it is being used for the payroll
system. Mr. Bacon added that staff has had several meetings with the software vendor, Arthur
Andersen, about responsibilities regarding software issues.
City Secretary Chapa polled the Council for their votes as follows:
6. M99-279
Motion authorizing the City Manager or his designee to execute an agreement with Ron
Quant, dba Quantum Link Consulting, to provide post -implementation programming services
for the Peoplesoft payroll system. The amount of the contract will not exceed $51,400.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
36. Case No. 699-6. John Muhich: A change of zoning from a "B-1" Neighborhood Business
District to a "B-4" General Business District on Lakeview Acres, Block 2, Lot 14, located
on the west side of Rodd Field Road, approximately 600 feet north of Holly Road.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"B-4" District on the east half of Lot 14 and denial of the `B-4" District on the west half of Lot 14,
and in lieu thereof, approval of a special permit for a mini -storage facility subject to a site plan and
four conditions. He noted that the 20% rule is in effect.
There were no comments from the audience in opposition to the zoning change. Council
Member Gonzales made a motion to close the public hearing, seconded by Council Member Scott,
and passed (B. Longoria absent).
At the request of Council Member Kinnison, Mr. Michael Gunning, Director of Planning and
Development, reviewed the location of the subject property and the adjacent properties. He noted
that the owners of adjoining property fronting on Rodd Field Road are opposed to the "B-4" zoning
but are supportive of the special permit request for the mini -storage facility. However, the single-
family residents located to the west are opposed to the `B-4" zoning outright. He said staff has
considered a mini -storage use as being minimally intrusive when it adjoins residential property
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Page 18
provided that there are certain conditions placed on it.
Mr. Kirmison said he had seen the subject property and spoken with the people involved. He
concluded that there is no problem with the special permit for the mini -storage facility, and he
recommended that the "B-1" zoning remain on the east portion. He said that would protect the
adjacent property owners by controlling the types of uses that would be allowed.
Mayor Neal asked how the applicant felt about Mr. Kinnison's proposal. Mr. George Clower,
representing the applicant, said they are planning to have mini -storage frontage on Rodd Field Road;
consequently, a special permit would be needed on the east side of the subject property. Mr.
Kinnison explained why he was making his proposal. Mr. Clower said if the Council approved a
special permit on the entire tract for mini -storage use, that would automatically make Tract 1 "B-1"
zoning if the owner chooses to resell that portion. Mr. Tom Utter, Assistant City Manager for
Development Services, said the special permit could include a caveat for such other buildings that
the building code would allow for storage on Lot 1.
Mr. Kinnison made a motion to amend the ordinance to allow for a special permit on the
entire subject property with the terms and conditions that are specified for the special permit and,
in addition, Lot 1 would have such storage buildings as allowed under the city building code. Ms.
Cooper seconded Mr. Kinnison's motion. Mayor Neal called for a voice vote on the motion, and it
passed (B. Longoria absent). Mr. Chapa polled the Council for their votes as follows:
ORDINANCE NO. 023743
Amending the Zoning Ordinance upon application by John Muhich, by changing the zoning
map in reference to Lot 14, Block 2, Lakeview Acres, by granting a special permit for a mini -
storage facility subject to a site plan and four conditions; amending the Comprehensive Plan
to account for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed, as amended, by the
following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and
Scott voting "Aye"; B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
37. Case No. 699-3, McDonald's Corporation: A change of zoning from an "R -1B" One -family
Dwelling District to a "B-4" General Business District on Flour Bluff and Encinal Farm and
Garden Tracts, Section 28, being 1.071 acres out of a portion of Lot 16, located on the south
side of South Padre Island Drive and on the east side of Rodd Field Road.
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City Secretary Chapa said the Planning Commission and staff recommended approval of the
"B-4" District. No one appeared in opposition to the zoning change. Council Member Colmenero
made a motion to close the public hearing, seconded by Council Member Scott, and passed (B.
Longoria absent). Mr. Chapa polled the Council for their votes as follows:
37. ORDINANCE NO. 023744
Amending the Zoning Ordinance upon application by McDonald's Corporation, by changing
the zoning map in reference to 1.071 acres out of Lot 16, Section 28, Flour Bluff and Encinal
Farm and Garden Tracts, from "R -1B" One -family Dwelling 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: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
38. Case No. 699-4, Juan Ortiz :A change of zoning from an "R -1B" One -family Dwelling
District to an "R-2" Multiple Dwelling District on Steele Addition, Block 7, Lots 19 and 20,
located on the south side of Marguerite Avenue, approximately 250 feet east of Bluntzer St.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"R-2" District. There were no comments from the audience in opposition to the zoning change.
Council Member Colmenero made a motion to close the public hearing, seconded by Council
Member Cooper, and passed (B. Longoria absent). Mr. Chapa polled the Council for their votes:
ORDINANCE NQ. 023745
Amending the Zoning Ordinance upon application by Juan Ortiz, by changing the zoning
map in reference to Lots 19 and 20, Block 7, Steele Addition, from "R -1B" One -family
Dwelling District to "R-2" Multiple Dwelling 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: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
* * * * * * * * * *
*
**
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Page 20
Mayor Neal opened the public hearing on the following zoning case:
39. Case No. 699-5, Patrick H. Nolan: A change of zoning from a "B-1" Neighborhood Business
District to a "B-4" General Business District on Wilde Subdivision, Block 1, east 1.32 acres
out of Lot 1, located on the west side of South Staples Street, approximately 250 feet south
of Gateway Drive.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"B-4" District, and in lieu thereof, approval of a special permit for a mini -storage facility subject to
a site plan and four conditions. There were no comments from the audience in opposition to the
zoning change. Council Member Cooper made a motion to close the public hearing, seconded by
Council Member Colmenero, and passed (B. Longoria and J. Longoria absent). Mr. Chapa polled
the Council for their votes as follows:
ORDINANCE NO. 023746
Amending the Zoning Ordinance upon application by Patrick H. Nolan, by granting a special
permit for a mini -storage facility subject to a site plan and four conditions to 1.32 acres out
of Lot 1, Block I, Wilde Subdivision; 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: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, and Scott voting "Aye"; B. Longoria and
J. Longoria absent.
*************
Mayor Neal opened the public hearing on the following zoning case:
40. Case No. 799-1, CHRISTUS Spohn Health System Corporation: A change of zoning from
an "A-1" Apartment House District and "AB" Professional Office District to a `B-2"
Bayfront Business District on Bay View Addition, Block 6, Lots 6 through 13, located at the
northwest corner of Morgan Avenue and Ocean Drive.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"B-2" District. There were no comments from the audience in opposition to the zoning change.
Council Member Cooper made a motion to close the public hearing, seconded by Council Member
Kinnison, and passed (B. Longoria absent). Mr. Chapa polled the Council for their votes as follows:
ORDINANCE NO. 023747
Amending the Zoning Ordinance upon application by CHRISTUS Spohn Health System
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Page 21
Corporation, by changing the zoning map in reference to Lots 6 through 13, Block 6, Bay
View Addition, from "A-1" Apartment House District and "AB" Professional Office District
to `B-2" Bayfront 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: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the proposed ad valorem tax revenue increase.
Mr. J.E. O'Brien said although the city is not planning to increase the tax rate, the city is
receiving additional tax revenues by adopting the same tax rate. He said it would send a good
message to the taxpayers if the Council would consider reducing some of the increased funding made
to the Greater Corpus Christi Business Alliance. He said that action might help to fund some of the
city's overtime costs that were incurred because of the impending hurricane.
Mr. Foster Edwards, CEO of the Corpus Christi Association of Realtors, said the association
appreciates the fact that the Council has been able to keep the tax rate the same, although it has been
difficult.
Mr. Jose Marroquin said he is glad the tax rate was not increased, but he said his taxes and
others' taxes are still high because of increasing property values. He urged the Council to spend
taxpayers' dollars wisely.
Council Member Gonzales made a motion to close the public hearing, seconded by Council
Member Colmenero, and passed (B. Longoria absent).
Mayor Neal announced that during the August 31, 1999 Council meeting beginning at 2:00
p.m. at City Hall, the City Council will vote on the proposed tax rate.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 42 regarding the convention center expansion. There
were no comments from the audience. City Secretary Chapa polled the Council for their votes:
42. M99-301
Motion authorizing Requests for Letter of Interest/Statement of Proposal and Qualifications
for a Convention Center Expansion and Rehabilitation Needs Assessment and Convention
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Page 22
Center Expansion and Renovation Project Management Services, and waiving the local
participation requirements.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 43, hazardous waste post-hurricane/disaster recovery
operations. There were no comments from the audience. City Secretary Chapa polled the Council
for their votes as follows:
43. M99-302
Motion authorizing the City Manager or his designee to execute a contract, to be activated
only in the event of a hurricane or other disaster, with Alamo Petroleum Exchange
Corporation of San Antonio, Texas in the amount of $999,989.60 for the Collection,
Characterization, and Disposal of Hazardous Waste during Post-Hurricane/Disaster Recovery
Operations.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 44 regarding the appearance of the city seal. He called
for comments from the audience.
Mr. J.E. O'Brien questioned the message the Council sends to the public when they spend
any amount of money to change the city seal. He said during the budget process the Council had
problems trying to fund basic services.
City Manager Garcia explained that the city will need to change some of its stationery to
accommodate the new area code. As a result, staff reviewed the existing city seal and felt that it was
somewhat dated and could be modernized to incorporate additional elements that reflect the city's
current condition.
Council Member Kinnison said he is concemed if this proposal has any costs associated with
it. Mr. Garcia said the proposed updated seal also has a black and white version as well as the color
version. He said the city spent $240 in the computer work associated with generating it. He added
that the seal in the Council Chambers and in the City Hall atrium will remain the same.
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Council Member Gonzales said he did not like the design of the proposed seal because it
contained too many elements. He said he would like to see more examples of possible designs.
Council Member Colmenero asked about the design of the proposed seal. Mr. Garcia replied that the
idea came internally --they tried to maintain the key elements of the existing seal while reflecting
some of the current accomplishments and landmarks of the city.
Responding to Council Member Garrett, Mr. Garcia said the city has an official seal (as
shown in the Council Chambers); a logo, which features a silhouette of City Hall, a palm tree, and
a sailboat; and other logos, such as the one used by the Police Department.
City Secretary Chapa polled the Council for their votes:
44. FIRST READING ORDINANCE
Amending the Corpus Christi Code of Ordinances, Chapter 1, General Provisions, Section
1-11, City Seal, by changing the appearance of the seal; providing for an effective date.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Garrett, and Scott voting "Aye"; Gonzales, Kinnison, and J. Longoria voting "No";
B. Longoria absent.
Mayor Neal opened discussion on Item 45, conduit use agreement within the public right-of-
way. There were no comments from the audience.
Council Member Kinnison asked why this item was being considered on an emergency basis.
City Secretary Chapa said the one-year agreement is an emergency item while the five-year
agreement is a two -reading ordinance. Mr. Ogilvie Gericke, Acting Assistant City Manager for
Public Works, said the company wished to install its equipment as soon as possible. Mr. Chapa
polled the Council for their votes as follows:
45.a. ORDINANCE NO. 023 748
Ordinance authorizing the City Manager or his designee to execute a one-year conduit use
agreement with KMC Telecom Inc. ("KMC") to install, operate and maintain KMC
Telecommunications facilities within city conduit located in Ocean Drive right-of-way
between Alameda Street and Sand Dollar Boulevard in consideration of the City's use of
inner ducts purchased and installed by KMC within said City conduit and KMC giving the
city the following equipment with approximate value of $90,000: one Siccor fusion splicer
and one OC-3OC/12 test set.
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An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
45.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a five-year conduit use agreement
with KMC Telecom Inc. ("KMC") to install, operate and maintain KMC
Telecommunications facilities within city conduit located in Ocean Drive right-of-way
between Alameda Street and Sand Dollar Boulevard in consideration of the City's use of
inner ducts purchased and installed by KMC within said City conduit and KMC giving the
city the following equipment with approximate value of $90,000: one Siccor fusion splicer
and one OC-3OC/12 test set.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria
absent.
Mayor Neal announced the five closed sessions, pursuant to Texas Government Code Section
551.071 regarding the following: 1) City of Corpus Christi v. Advisory Commission on State
Emergency Communications, No. 99-02304, 201' District Court, Travis County, Texas, with
possible action related thereto in open session; 2) City of San Juan v. Central Power & Light Co.,
No. C -2510-96-D, 206th District Court, Hidalgo County, Texas, with possible action related thereto
in open session; 3) Tony Bender v. City of Corpus Christi, No. C-99-295, U.S. District Court,
Southern District of Texas, Corpus Christi Division; 4) claim of Robert L. Ashcraft, with possible
action related thereto in open session; and 5) Isaac Valencia et al v. City of Corpus Christi, No. 97-
6099-C, 94'h District Court, Nueces County, Texas, with possible action related thereto in open
session.
The Council went into closed session. The Council returned from closed session.
Mayor Neal made the following motion, seconded by Council Member Kinnison. He called
for a voice vote and it passed as follows:
M.-1. M99-303
Motion authorizing the City Manager to employ Shannon Ratliff to provide legal services
in City of Corpus Christi v. Advisory Commission on State Emergency Communications,
No. 99-02304, 201' District Court, Travis County, Texas, at the rate of $300 per hour.
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Page 25
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
Council Member Gonzales made a motion directing staff to place the issue of City of San
Juan v. Central Power & Light Co., No. C -2510-96-D, 206'h District Court, Hidalgo County, Texas,
on the City Council agenda for September 14, 1999 with possible action related thereto. The motion
was seconded by Council Member Colmenero. City Secretary Chapa polled the Council and the
foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
Mayor Neal made the following motion, which was seconded by Dr. Gonzales. He called for
a voice vote, and the motion passed as follows:
M.-5. M99-304
Motion authorizing the City Manager to settle Isaac Valencia et al v. City of Corpus Christi,
No. 97-6099-C, 94th District Court, Nueces County, Texas, for $185,000 as negotiated by the
city's attorneys.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
*************
Mayor Neal referred to the supplemental agenda item regarding Hurricane Bret.
City Attorney Bray explained that during an impending hurricane, the Mayor is authorized
to prepare an emergency declaration which allows the city to invoke all of its emergency powers.
According to state law, the declaration stays in effect for not more than seven days, and the city's
ordinance says the City Council should consider it at the first full meeting of the Council after the
emergency. He said staff is still in the process of assessing damage and trying to acquire aid in
certain circumstances. Consequently, staff is recommending that the Council ratify the declaration
before them with the changes as indicated.
Council Member Gonzales made a motion to ratify the declaration before them with the
changes as indicated, seconded by Council Member Scott. The Mayor called for a voice vote, and
the item passed as follows:
46. M99-305
Declaring a state of disaster because of the imminent threat posed by Hurricane Bret.
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The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Garcia said the Council had requested
a report on the actions of the last few days and the city's hurricane preparedness. He said that when
it became evident the storm in the Gulf of Mexico was strengthening, an initial meeting of the city's
department heads was held on Friday, August 20th, at 4 p.m. Subsequently, on August 21st at 9 p.m.
the city's Emergency Operations Center (EOC) was activated because it was clear that a threat was
imminent. He said they issued a voluntary evacuation request for those areas most at risk, which
included all of the island within the city limits as well as Laguna Shores, Corpus Christi Beach,
North Beach, Texas A&M University -Corpus Christi, and certain low-lying areas along Oso Creek.
He said the EOC was fully staffed until noon on August 23rd.
Mr. Juan Ortiz, of Emergency Management, said that within a matter of hours, Hurricane
Bret went from a Category 1 storm on the morning of August 21st to a Category 4 storm with winds
up to 140 miles per hour. He said through the efforts of many people, including city staff, various
entities, and the media, they were able to prepare for the impending hurricane. He said that on
August 22nd, Governor Bush asked President Clinton to declare the area as a disaster, and seven
counties including Nueces County were so declared. He said people in need of individual assistance
are being referred to the Red Cross and the Salvation Army.
Mr. Ortiz said that initial damage reports have been minor, although there was some flooding.
In addition, there were sporadic power outages. He said there was a police presence throughout the
city although emergency personnel were pulled off the island before the hurricane made landfall. Mr.
Garcia said staff learned a lot throughout this process. He noted that the EOC facility itself is very
inadequate and one of his highest priorities is to correct that.
Mr. Ken Griffin, Area Business Manager of Central Power and Light, said that about 60,000
of their customers were without service as a result of Hurricane Bret. As of Tuesday, CPL was able
to restore all of their transmission lines throughout the service territory and all of the substations with
the exception of one (located on Armstrong Ranch). He said over 100 outside crews came in to assist
with the restoration of service, and they are working many long hours with no serious injuries. He
said four call stations were operating and on August 23rd they handled over 24,000 outage calls.
Mr. Andy Leal, Director of Solid Waste Services, said the city's brush crews will be working
seven days a week on extended hours and two contract brush crews have been brought in. He then
reviewed the brush pick up schedule, and he said the garbage crews will be picking up smaller limbs.
He said a clean up day is scheduled for August 28th as well as free residential disposal days on
August 28th and 29th. Council Member Gonzales suggested that the number of free residential
disposal days be increased to a whole week. Dr. Gonzales also reported a large section of Old
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Page 27
Brownsville Road that was under water.
Council Members Cooper and Colmenero commended staff for their actions during the
hurricane. Mr. Colmenero also commented on the need to educate citizens about trimming their trees
to avoid affecting power lines. He asked if Corpus Christi is providing any assistance to Falfurrias.
Mr. Ortiz replied that they had not received any requests for assistance, although several state
resources are available. Mr. Colmenero suggested that staff review the practice of placing the boats
on the median of Shoreline Boulevard since that area will be remodeled. Council Member Garrett
also commended staff, and he said he agrees that the EOC should be relocated.
Responding to Council Member Scott, Mr. Ortiz said he had misrepresented the issue of
CPL's service to the island while addressing a group of people recently. Mr Griffin said there are
times when CPL would cut off power, but that usually comes at the direction of the Mayor and City
Manager. Mayor Neal pointed out that situation did not occur in Corpus Christi. Mr. Griffin said a
transmission structure on the island had a malfunction which caused the outage there. He added that
CPL has a tree management program. Mr. Scott also asked about the issue of shelters. Mr. Garcia
reiterated the rationale for providing shelters to the families of city employees. Mr. Scott said people
in Corpus Christi (including the media) need to be sensitive to citizens in outlying areas. Mr. Leal
also reviewed the brush pick up schedule.
Council Members Kinnison and Gonzales complimented the Mayor, City Manager and staff
for their professionalism. Mayor Neal noted that many city staff, including water crews, worked
diligently before and after the storm.
To conclude his report, Mr. Garcia noted that several presentations are scheduled for the next
Council meeting on August 31st beginning at noon. He said Council Member John Longoria will
not be present and he asked if the Council wanted to reschedule the discussion on privatization.
There was a consensus of the Council to reschedule it for September 14th. He said the August 31st
meeting will include the public hearing on the renaming of Agnes Street to Cesar Chavez Street and
a closed session on legal issues related to the Mary Rhodes Pipeline.
Mayor Neal called for Council concerns and reports.
Mr. Garrett asked about Vestal Street, and Mr. Garcia said a partial barricade was installed
on Vestal at Sherman Street. Responding to a question from Mr. Garrett, Mr. Leal said a hazardous
waste disposal day was held last Saturday. Mr. Garrett commended the work of solid waste crews
on Padre Island.
Mr. Kinnison asked if there would just be a public hearing on the Agnes Street issue on
August 31st or a vote as well. City Secretary Chapa said it was up to the Council; i.e., it would
involve a two -reading ordinance and they could delay action until the next meeting.
Minutes
Regular Council Meeting
August 24, 1999
Page 28
Responding to Dr. Gonzales, Mr. Angel Escobar, Acting Director of Engineering Services,
said a public hearing for a permanent street closing of Vestal between Sherman and Yale has been
tentatively scheduled for the first Council meeting in October. He added that dates have not been
set yet for meetings regarding Glen Arbor and Crossgate subdivision drainage improvements; staff
will provide that information.
Mr. Scott said that while attending the National League of Cities Leadership Training
Institute, he learned that a number of cities across the country have a clearly defined mission
statement and a set of goals. He asked that the Council propose their ideas for a mission statement
so they can finalize it.
There being no further business to come before the Council, Mayor Neal declared the Council
meeting adjourned at 6:30 p.m. on August 24, 1999.
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