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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 Minutes 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 Minutes 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 Minutes Regular Council Meeting August 24, 1999 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. Minutes Regular Council Meeting August 24, 1999 Page 16 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. Minutes Regular Council Meeting August 24, 1999 Page 17 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 Minutes Regular Council Meeting August 24, 1999 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. Minutes Regular Council Meeting August 24, 1999 Page 19 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. * * * * * * * * * * * ** Minutes Regular Council Meeting August 24, 1999 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 Minutes Regular Council Meeting August 24, 1999 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 Minutes Regular Council Meeting August 24, 1999 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. Minutes Regular Council Meeting August 24, 1999 Page 23 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. Minutes Regular Council Meeting August 24, 1999 Page 24 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. Minutes Regular Council Meeting August 24, 1999 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. Minutes Regular Council Meeting August 24, 1999 Page 26 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 Minutes Regular Council Meeting August 24, 1999 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. * * * * * * * * * * * * *