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HomeMy WebLinkAboutMinutes City Council - 09/14/1999I 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 September 14, 1999, which were approved by the City Council on September 21, 1999. WITNESSETH MY HAND AND SEAL, this 21st day of September, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 14, 1999 2:06 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Rex A. Kinnison Council embers: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Betty Jean Longoria John Longoria Mark Scott City Staff: City Manager David R. Garcia City Attorney James R. Bray Jr. City Secretary Armando Chapa Assistant City Attorney Alison Gallaway Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Charley Taylor, Church of Christ South, following which the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. 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 and Council workshop of August 31, 1999. A motion was made and passed to approve the minutes as presented. City Manager Garcia introduced Mr. Ron Massey, the new Assistant City Manager for Public Works. Mr. Massey, a retired Army Colonel, most recently worked in Franklin, Massachusetts. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: C.C. Regional Transportation Authority Rolando Barrera Nueces County Community Action Agency Mayor Loyd Neal (Reappointed) Betty Jean Longoria (Reappointed) John Longoria (Reappointed) Park and Recreation Advisory Committee John Dunn (Reappointed) Joe Ochoa (Reappointed) Mae Milligan (Reappointed) Gerardo Alvarez (Reappointed) Billy Olivarez (Reappointed) Sandra Billish Anne Baker Minutes Regular Council Meeting September 14, 1999 Page 2 Corpus Christi Museum of Science and History Advisory Committee Kathy Heymann (Reappointed) Patricia Bacak-Clements (Reappointed) Mary G. Longoria (Reappointed) ************* Mayor Neal announced the first closed session, pursuant to Texas Government Code Section 551.074, to deliberate the appointment of a Municipal Court Judge with possible action related thereto in open session. The Council went into closed session. The Council returned from closed session. Council Member John Longoria made the following motion, which was seconded by Council Member Colmenero: H. M99-315 Motion appointing Deeanne Svoboda Galvan as Judge of the Municipal Court of Corpus Christi, Texas, Division C, and setting her salary at $52,530. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mr. Longoria asked that City Secretary Chapa make the arrangements for Ms. Galvan to be sworn in during the next City Council meeting on September 21, 1999. Mayor Neal thanked the members of the Council's Municipal Court Committee. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Mike Baker, 4641 Gayle Circle, questioned the actual amount of the cost to repair Wesley Seale Dam as well as the amount of the bonds. He said more questions will be asked in the upcoming bond elections to repair the seawall and various streets. He asked if there is strict accountability regarding excess bond monies. Mr. Angel Escobar, Director of Engineering Services, explained that the actual construction award went to ASI RCC Inc. for $16,402,850. Also, there is a $6.7 million contingency set up for the project as well as $1.8 million of construction phase services for inspection and supervision. Other items included in the cost are: design reimbursements, $400,000; survey reimbursements, Minutes Regular Council Meeting September 14, 1999 Page 3 $75,000; bond issuance costs, $354,985; and miscellaneous expenses, $15,000, for a total of $26,235,000. Mr. Escobar said the approximate $3 million difference is still in contingency until the project reaches the 50% mark and it is known whether or not those funds will be used. Mr. Isaac Valencia, President of the Corpus Christi Police Officers Association, said the union is concerned that the city marshals program may be in violation of state law. He said similar city marshals programs in other Texas cities, authorized under a section of the Code of Criminal Procedures, have not be challenged to date. However, he said, a challenge is pending in Galveston. He said another item of concern is the standards that will be applied to the city marshals. Mr Jimmie Till, 6034 Lost Creek, questioned why the closed session held at the beginning of the Council meeting could not have been held in conjunction with the two other closed sessions scheduled for the end of the meeting. Council Member John Longoria said it was important for the Council to conduct the first closed session at the beginning of the meeting. He said the Council wanted to move the other two closed sessions to the beginning also, but had they done that the public would have been waiting much longer. Mr. Roberto Deloy, 4330 Lake Ponchartrain, registered a complaint about not receiving bus service from the Regional Transportation Authority earlier this month despite the fact that he is blind. Mayor Neal explained that the RTA is a separate entity and has its own board. He noted that Mr. Abel Alonzo, who was present at the Council meeting, may be able to assist Mr. Deloy. Mr. J.E. O'Brien, 4130 Pompano, discussed the issue of excess charges on citizens' telephone bills. He said that in 1988 the city elected to participate in the statewide 911 program and in 1997 the city decided to pull out. He said a franchise fee is levied against the telephone service provider, Southwestern Bell, which in turn passes the fee on to its customers in their telephone bills as a municipal fee. He said to the extent that the municipal fee is used in whole or in part to pay for 911 service, it is an additional fee that is not permitted under the Texas Health and Safety Code. Mayor Neal said that issue has been in litigation for some time and the city has been trying for two years to get that fee removed. He said the previous Attorney General ruled in Corpus Christi's favor and the new Attorney General reversed his decision. Mr. Abel Alonzo, 1701 Thames, said that over three years ago he asked the Council to not fund an organization that intended to build what he said were segregated apartments for persons with disabilities. He asked the Council to develop some kind of ordinance or regulation that they will not support any more organizations that would segregate the disabled in housing, employment, or other opportunities. He said he will challenge the U.S. Department of Housing and Urban Development and the Henry Foundation about this issue. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 4-19). City Secretary Chapa Minutes Regular Council Meeting September 14, 1999 Page 4 said Item 6 was withdrawn by staff. Council members and audience members requested that Items 9, 10, 13, and 18 be withheld for discussion. Mr. Chapa polled the Council for their votes and the following were passed: 4. M99-316 Motion approving a supply agreement for approximately 253 gate valves ranging in size from 3" to 12", with U.S. Filter Distribution Group, Corpus Christi, Texas, in accordance with Bid Invitation No. BI -0148-99 for an estimated annual expenditure of $55,348.37, based on low bid. The term of the contract is for twelve months with options to extend. for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 5. M99-317 Motion approving a supply agreement for serial publication services, consisting of 530 magazine, newspaper and trade journal subscriptions, in accordance with Bid Invitation No. BI -0004-00 with Popular Subscription Service, Terre Haute, IN, based on low bid for an estimated annual expenditure of $30,021.03. The term of the contract shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Corpus Christi Public Library and the South Texas Library System in FY 99-2000. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. WITHDRAWN estimated annual expenditure f $84,943.13. The term of the supply agrccmcnt will be for twelve months with an option to cxtcnd for up to two dditional twclvc month perioda subject to the approval of the supplier and the City Manager or his designee. Funds have Fort B„ad S..nLe3, Ine. Stafford. TX Ose Teeat.nent-Plant Total $43,357.66 Polydy..e, Inc. Norcroa3. CA Broadway Treatment P1a..t Total $30,526.85 Gan d Total Cytce Industries, I.te. Wc3t Pater3on. NJ Allison -Treatment Plaut Total 511,058.62 Minutes Regular Council Meeting September 14, 1999 Page 5 7. M99-318 Motion approving a supply agreement for an estimated 3,013 cases of white copy paper and 267 cases of colored copy paper in accordance with Bid Invitation No. BI -0171-99 with Gulf Coast Paper Co., Corpus Christi, Texas, for the total amount of $80,041.02, based on low bid. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. The paper will be used by various City departments. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8. M99-319 Motion approving supply agreements for an estimated 1,144 replacement batteries for Ericsson radios in accordance with Bid Invitation No. BI -0168-99 to the following firms, based on low bid and best bid. The term of the contracts is twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. The batteries are used by various City departments. Battery Network, Inc. McHenry, IL 720 Units $46,957.00 DeWitt & Associates Grapevine, TX 424 Units $31,146.26 Total of Awards: $78,103.26 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 11. M99-321 Motion authorizing the City Manager or his designee to execute Change Order No. 1 in the amount of $52,625 with King -Isles, Inc. of Corpus Christi, Texas for the Schanen Ditch Restoration project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12. M99-322 Motion authorizing the City Manager or his designee to execute Change Order No. 5 with Kinsel Industries, Inc. of Houston, Texas in the amount of $279,412.32 for the O.N. Stevens Minutes Regular Council Meeting September 14, 1999 Page 6 Sedimentation Basins 1 & 2 Rehabilitation project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 14.a. M99-324 Motion approving the reimbursement application submitted by Robert W. Harman, owner and developer of Lot 1, Block 1, Heritage West, for the installation of an off-site, over -sized and over -depth sanitary sewer collection line. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 14.b. ORDINANCE NO. 023757 Ordinance appropriating $35,765 from the No. 4220 Sanitary Sewer Line Trust Fund to pay Robert W. Harman's reimbursement request for installing an off-site, over -sized and over - depth sanitary sewer collection line to develop Lot 1, Block 1, Heritage West. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 15.a. M99-325 Motion authorizing the City Manager or his designee to accept a grant in the amount of $101,524 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High -Intensity Drug Trafficking Area. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 15.b. ORDINANCE NO. 023758 Ordinance appropriating $101,524 in the No. 1050 Federal/State Grants Fund from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High - Intensity Drug Trafficking Area. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Minutes Regular Council Meeting September 14, 1999 Page 7 Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.a. RESOLUTION NO. 023759 Resolution authorizing the City Manger or his designee to accept a grant application in the amount of $66,912 from the Texas Department of Transportation to fund a Safe and Sober Selective Traffic Enforcement Project (STEP) by the Police Department and to execute all related documents. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.b. ORDINANCE NO. 023760 Ordinance appropriating $66,912 from the Texas Department of Transportation in the No. 1050 Federal/State Grants Fund to fund a Safe and Sober Selective Traffic Enforcement Project (STEP) by the Police Department. An emergency was declared and the foregoing ordinance passed as follows: Neal, Colme- nero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 17.a. RESOLUTION NO. 023761 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Housing Authority of the City of Corpus Christi (Authority) for the Police Department to provide supplemental police services to the Authority on a voluntary overtime basis, for up to two years at the Authority's expense not to exceed $110,010. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 17.b. ORDINANCE NO. 023762 Ordinance appropriating $110,010 from the Housing Authority of the City of Corpus Christi (Authority) for supplemental police patrol at the Authority in the No. 1020 General Fund - Police Department; amending Ordinance No. 023702 which adopted the FY 99-00 budget by adding $110,010 to the No. 1020 General Fund - Police Department. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting September 14, 1999 Page 8 19. RESOLUTION NO. 023764 Resolution endorsing two Coastal Management Program grant applications by the Padre Isles Property Owners Association and authorizing the City Manager to send letters in support. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, ADA compliance at City Hall. Mr. Abel Alonzo said this project is a small part of the necessary compliance with the Americans with Disabilities Act. He asked the City Manager to review the five-year ADA plan and to dedicate General Fund monies to make it a working plan. He said the patience of the disabled community is running out and they want equality like everyone else. Mayor Neal said they are aware that the city is not in full compliance yet because of a number of issues. He said for the last three years they have been trying to use the available funds as best they can. City Manager Garcia said they have an extensive plan of major projects in order to come into compliance with the ADA, which is an expensive proposition. He said this particular project increases the accessibility of City Hall, which is already accessible. Council Member Colmenero asked how many individual ADA projects the city has scheduled for this year. Mr. Garcia said they can provide that information. City Secretary Chapa polled the Council for their votes as follows: 9. M99-320 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $121,150 with Sal Con Construction for compliance with the Americans with Disabilities Act at City Hall. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, City Hall alarm system upgrade. Council Member Garrett asked if this upgrade included "panic" alarms. Mr. Garcia said many of the City Hall offices have panic alarms; however, the primary inadequacy at this time is the fire Minutes Regular Council Meeting September 14, 1999 Page 9 system, which does not meet the current health and safety standards. Council Member Kirmison referred to the project budget and he questioned why it appeared that the city was paying for the project while financing it as well. Mr. Escobar agreed that the budget information was in error. Mr. Garcia said they needed to defer this item so they can correct it. 10. WITHDRAWN Motion authorizing thc City Manager or his designee to cxccutc a construction contract in the amount of $165,600 with Total Protcction Systems for thc City Hall alarm system * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, beach cleaning and life guarding. Mr. Leon Perez, 904 Buford, said he did not think the state should be involved in this project. He said local prisoners should be forced to clean the beaches. Mr. Tom Utter, Assistant City Manager for Development Services, said this grant involves a reimbursement from the state of approximately $15,000. He added that the county does use prisoners to clean the beaches, and he noted that this contract is also for life guarding and restrooms. Responding to Council Member John Longoria, Mr. Utter explained the area of the beach covered by this contract. City Secretary Chapa polled the Council for their votes as follows: 13. M99-323 Motion authorizing the City Manager or his designee to apply and to execute all necessary documents for continued financial assistance through the Texas General Land Office for beach cleaning and life guarding on Padre Island during FY 1999-2000. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 18, Community Youth Development (CYD) Steering Committee. In reply to Council Member John Longoria, Mr. Tony Cisneros, Director of Park and Recreation, said that initially it seemed the CYD Steering Committee and the Weed and Seed program would be able to be combined. However, the Texas Department of Protective and Minutes Regular Council Meeting September 14, 1999 Page 10 Regulatory Services expressed concern about the arrangement so it was not finalized. Mr. Longoria said they needed to again discuss the idea of capping the funding limits for the Weed and Seed programs so that more organizations can take part. City Secretary Chapa polled the Council for their votes as follows: 18. RESOLUTION NO. 023763 Resolution amending Resolution No. 022938 to decrease the number of Community Youth Development Steering Committee voting members from sixteen to nine, with half of the committee members appointed for terms of one year and the other half appointed for terms of two years and with the first term expiring August 31, 2000; eliminating the four non- voting advisory members; and setting an expiration date for the committee of August 31, 2003, unless funds for the program end sooner. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal opened the public hearing on the following zoning case: 20. Case No. 799-2E, Marian Ann Coburn: An exception to the standard screening fence requirement on Holliday Harbor Subdivision, Block 1, Lots 21 through 33, located on the northwest corner of Yorktown Boulevard and Laguna Shores Road. City Secretary Chapa said the Planning Commission and staff recommended approval of a reduction in the screening fence requirement along the east and west boundary lines subject to three conditions. No one appeared in opposition to the zoning change. Council Member Betty Jean Longoria made a motion to close the public hearing, seconded by Council Member Scott, and passed. Mr. Chapa polled the Council for their votes as follows: M99-326 Approving a reduction of the screening fence requirement along the east and west property lines of the T -1A Travel Trailer Park District, located on Lots 21 through 33, Block 1, Holliday Harbor, as specified in Section 7A-2(6) of the Zoning Ordinance, subject to the following three conditions: a. WEST PROPERTY LINE. A chain link fence with slats and height of not less than six feet must be located along the south 75 feet of the west property line. The area between the west property line and the boat barns must be maintained free of debris and weeds/grass over four inches in height. If the existing boat barns are destroyed or removed, a screening fence must be installed along the west property line. Minutes Regular Council Meeting September 14, 1999 Page 11 b. EAST PROPERTY LINE. An evergreen hedge containing 5 -gallon oleanders planted every five feet shall be located along the east boundary line where it abuts the public rights-of-way and must be maintained at a minimum height of three feet after one year's growth. The hedge must be maintained in a healthy and growing condition at all times. c. TIME LIMIT. The property must be in compliance with the evergreen hedge and screening fence requirement within one year from the date the City Council approves the screening fence waiver. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero and Kinnison absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 21. Case No. 799-3E, McDonald's Corporation: An exception to the standard screening fence requirement on Flour Bluff and Encinal Farm and Garden Tracts, Section 28, being 1.071 acres out of Lot 16, located on the south side of South Padre Island Drive and on the east side of Rodd Field Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the deferral of the standard screening fence requirement until such time as the adjacent properties develop with residential uses. No one appeared in opposition to the zoning change. Council Member Cooper made a motion to close the public hearing, seconded by Council Member Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023765 Granting a standard screening fence exception to McDonald's Corporation along the south and east property lines of 1.071 acres of Lot 16, Section 28, Flour Bluff and Encinal Farm and Garden Tracts. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 22, amendments to the Code of Ethics. He called on the Chairman of the Ethics Commission, Mr. Augustin Rivera Jr., to make comments. Minutes Regular Council Meeting September 14, 1999 Page 12 Mr. Rivera introduced other members of the commission who were present: Cecil Henry, Ed Hinojosa, Garry Bradford (Vice Chairman), and Frank Tompkins. Mr. Rivera said that over a year ago an editorial ran in the local newspaper which criticized the Ethics Commission for not having conducted business in about four years. However, he said, over the last 14 months the Ethics Commission has been very busy drafting the proposals before the Council that day. Mr. Rivera noted that one portion of the proposal, the inclusion of a preamble to the Ethics Ordinance, basically states that while the rules contained in the Code of Ethics provide guidelines about the type of conduct which is ethical and unethical, as public officials the Council members will encounter situations which do not fall within or violate the Code of Ethics but nevertheless have the appearance of impropriety. Mr. Rivera thanked City Attorney Bray and his staff for working with the Ethics Commission members in preparing these proposals. Council Member Kinnison said it appeared that the proposal did not address the appointment of a Council member's spouse's employer. Mr. Bray replied that the Code of Ethics addresses the appointment of a Council member's spouse but not his or her associates. Mr. Rivera said the commission members had discussed expanding it but they decided not to; he added that that would fall under the idea of considering what actions would appear to be improper. Mr. Kinnison also asked if the commission members considered any type of reporting requirements similar to what lobbyists at the state level have to comply with. Mr. Rivera said they discussed it but felt this proposal was a good first step in that area. Council Member Betty Jean Longoria asked about the Council's appointments to judgeships. Mr. Bray said these rules apply to appointments to boards, commissions, or committees; judgeships would fall within the state nepotism statutes regarding appointments of relatives. Council Member Scott asked about the provision regarding attorney fees. He expressed concern that it would be opening the process up to numerous groundless charges for which elected officials would not have the capacity to hire their own legal defense. Mr. Rivera said that concern was raised and he said their proposal does not substantively change the attorney fees provision --it still leaves it up to the discretion of the commission. Mr. Scott said that while most of the proposed changes to the Ethics Ordinance clearly define what is right and wrong, the statement regarding avoiding the "appearance of impropriety" is vague. Mr. Rivera said they discussed that issue at length. He said they felt there will be situations where public officials will engage in conduct that is not unethical but nevertheless leaves a bad impression. Responding to Council Member Gonzales, Mr. Bray said the definition of the degree of relationship is included in the background material and it is based on the state's definition. In reply to Council Member Colmenero, Mr. Rivera said the commissioners did not further Minutes Regular Council Meeting September 14, 1999 Page 13 define the term "groundless" with regard to complaints that are filed; he said that will have to be determined on a case-by-case basis. He noted that over the last year the commission had the opportunity to adjudicate an actual complaint, and they concluded that they could make some changes to their procedures to make their complaint adjudication process more efficient. He added that when a complaint is filed with the Ethics Commission, the members take it very seriously. Mr. Colmenero also asked about the lobbyist registration. Mr. Bray said if a person is going to lobby for someone else on a particular issue, the lobbyist would have to register his name and the issue about which he will lobby. He said that information will remain visible to the public until the lobbyist withdraws the registration. Mayor Neal thanked the commission members for their efforts. He then called for additional comments from the audience, and there were none. Mr. Kinnison asked when this ordinance will become effective. Mr. Bray said it will become effective several days after the second reading of the ordinance next week. Mr Kinnison asked City Secretary Chapa to provide information to the Council regarding lobbyists who register with the City Secretary's Office. Mayor Neal noted that that information will also be available to the public. Mr. Chapa polled the Council for their votes as follows: 22. FIRST READING ORDINANCE Amending the Corpus Christi Code of Ethics to enact a preamble to prohibit participation in appointments of certain persons to certain entities, to provide for lobbyist registration, and to modify the attorney fees provision; providing for severability; and providing for penalties for violation of Section 2-316. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 23, city marshals program. Ms. Barb Sudhoff, Director of Municipal Court, said the Council had approved the funding to establish the city marshals program and this item is the administrative process to initiate the program. She said that by passage of the ordinance, the city can request a law enforcement agency to create the city marshals program as part of Municipal Court. Judge Rodolfo Tamez, Chief Municipal Court Judge, said this program will encourage people to take care of their cases in a timely manner. Mayor Neal asked City Attorney Bray to respond to the concern expressed earlier in the meeting about legal ramifications about the city marshals program. Mr. Bray said officials in Galveston informed staff that they are not aware of any legal action to date, although presumably Minutes Regular Council Meeting September 14, 1999 Page 14 there will be. He said several Texas cities have marshals who have been operating in that capacity for a number of years. He said they have been certified as peace officers by the Texas Commission on Law Enforcement Officers Standards and Education. He said it is possible that someone can challenge that, although it is staff's present view that the marshals program is a legal, valid, and established institution. Mr. Bray added that the proposed ordinance specifically provides that if a court of competent jurisdiction should determine that marshals are actually police officers within the meaning of the state civil service law or the state labor relations law, then the position of marshal will be automatically abolished. Responding to Council Member Colmenero, Judge Tamez and City Manager Garcia said the current bailiff positions at Municipal Court will be eliminated and supplanted by the marshals positions. Mr. Garcia noted that the requirements for the marshals position are substantially different from those for the bailiff position, including an extensive background check and physical and psychological examinations. He added that the marshals will provide bailiff services in addition to their enforcement duties. Mr. Garcia said the four employees currently working as bailiffs have been offered comparable positions with the city (with regard to their pay and classification). They are also eligible to compete for the newly created marshals positions based on their qualifications and the requirements of the positions. Council Member Garrett said that in 1983 and 1984 the city had a Warrants Division to which eight police officers and a supervisor were assigned. He said that division was a failure because there was not a commitment from the judges to ensure that there were consequences associated with citizens not paying their fines. As a result, he said, the citizens were just let go. Judge Tamez replied that when someone is arrested for an outstanding warrant, he is brought before the court and enters a plea. If he enters a guilty plea, he will have to pay his fine; if he cannot do so, the issue of indigence is raised and a hearing is held. The following options are then considered: if the citizen is determined to be indigent and is unemployed, he will have to do community service to pay his fine; if he is employed and still considered to be indigent, then he will be given an opportunity to make payments; if he is determined not to be indigent, then he will have to pay the fine or go to jail. Judge Tamez added that the citizen can plead not guilty, at which point he is required to post either a cash or a surety bond to guarantee his appearance in court since he did not show up when he was previously required to; then a trial is held. Mr. Garrett asked if any citizens have been put in jail in situations like this. Judge Tamez replied that several people have waived all their rights and had to spend time in jail. He added that one advantage they have now that they did not have in 1983 is the existence of the community service program. Responding to Council Member Gonzales, Ms. Sudhoff reiterated that they will not hire Minutes Regular Council Meeting September 14, 1999 Page 15 people for these positions unless they have all the necessary certification, expertise, and experience. Mr. Garcia further explained the marshals positions that are being created and the training that will be required for them. Ms. Sudhoff added that if a person is hired as a trainee in the marshals program, he will be given 12 months to complete his certification process at his own cost through the Del Mar Regional Academy. In reply to Council Member John Longoria, Ms. Sudhoff said only a certified peace officer will be tasked with serving warrants. Mr. Garcia said the peace officers at the airport have dual certifications as peace officers and as firefighters. Mr. Bray noted that the marshals will have no law enforcement function other than to serve warrants. Following additional Council comments, Ms. Sudhoff said staff reviewed the previous operation of the Warrants Division so as to not repeat the mistakes that were made then, including a lack of current and correct information in the court system. She said the new court management system provides many tools that were not available at that time. Council Member Scott asked about the marshals' job functions. Ms. Sudhoff explained that there will be a total of nine positions. The city marshal and the deputy city marshals will perform the functions of serving the warrants and providing bailiff services. The trainees will only provide security for the courtroom; they will not be allowed to serve any warrants until they are certified. She said three shifts will be involved in serving the warrants, which she explained. Mr. Scott asked why a Warrant Division is not reestablished in the Police Department. Ms. Sudhoff replied that she discussed that idea with the Police Chief but the conclusion was that they do not have the resources to operate the program. Dr Gonzales asked if the marshals program will be evaluated after its inception. Ms. Sudhoff stated that at the end of the first six months they will have a thorough evaluation. Mr. Garcia added that one of the strongest indications of the success of this program is whether or not it pays for itself. He said it is designed to be a revenue -producer for the city. Responding to Mr. Garrett, Judge Tamez briefly discussed traffic fines. Council Member Cooper asked if the marshal would actually be picking up the individual. Ms. Sudhoff said the marshal will verify the warrant information, go out and serve the warrant, arrest the individual, and bring him back to court to resolve all of his outstanding citations. Council Member Betty Jean Longoria said the Council members receive many complaints about the lack of enforcement of zoning violations, which this program will help resolve. Mayor Neal called for public comment. Mr. Jimmie Till said the Council asked many good questions, particularly Ms. Cooper's question about the citizen actually being arrested. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting September 14, 1999 Page 16 23. ORDINANCE NO. 023766 Ordinance amending the Code of Ordinances, Chapter 29, Municipal Courts, by amending Section 29-19, Warrant of Arrest and by adding Section 29-49, City Marshals, to create the positions of City Marshal, Deputy City Marshal, and Deputy City Marshal Trainee for the Municipal Court of the City; amending Ordinance 3658, as amended, Subsection 257, adding City Marshal, Deputy City Marshal and Deputy City Marshal Trainee positions to the Classification Plan for all positions in the classified service. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal opened discussion on Item 24, vision and passage obstructions. Mr. David Seiler, Traffic Engineer, in a computer presentation discussed many of the problems associated with vision and passage obstructions. They include the fact that many property owners are unaware of their responsibilities regarding this issue, and he noted that obstructions contribute to traffic accidents and injuries to Solid Waste personnel In addition, larger vehicles, pedestrians and bicyclists have difficulty using the streets and sidewalks. Mr. Seiler explained that the present ordinance requires property owners to ensure that the sight triangle on both intersection corners remains clear of obstructions. He said the sight triangle is govemed by an area 20 feet along each property line and the diagonal distance across the private property. He said the problem is that that requirement provides an insufficient view of oncoming traffic, particularly for speeds in excess of 30 miles per hour. Mr. Seiler also showed photographs to illustrate view obstructions caused by signs placed near an intersection and passage obstructions caused by low -hanging trees and weed overgrowth. He said the proposed revisions establish a height restriction of 13 feet, which is approximately the height of a garbage collection vehicle. He said the current ordinance is unclear because it states that the street must be maintained at a height allowing vehicles to pass. The Traffic Engineer pointed out that a contributing factor to visual and passage obstructions is the placement of brush in the right-of-way in anticipation of city crews picking it up. Mayor Neal expressed concern about the brush issue due to the current eight-week cycle for brush collection. Mr. Seiler said staff is not recommending making a change to that element of the ordinance, either to be more restrictive or less restrictive, but rather just pointing out that it is a problem. Mayor Neal asked what the penalty is for violating the ordinance in question. City Attorney Minutes Regular Council Meeting September 14, 1999 Page 17 Bray replied that it would be a fine in Municipal Court of up to $500 but he said he does not know how many of those are issued. He added that the new solid waste ordinance will dovetail with this proposal, particularly with regard to the time frame for placing brush out to be picked up. He also discussed liability issues. Council Member Colmenero asked about regulations concerning the height of piles of brush. Mr. Seiler said the current ordinance does not contain height restrictions but the recommended revisions included a 21/2 -foot height for any obstruction, including brush. Mr. Seiler continued that the current ordinances are vague and subject to interpretation, and they are inadequate for some problem areas (such as midblock visual obstructions). With regard to current conditions and resources, Mr. Seiler said staff is primarly reactive in that citizen complaints generate field investigations, including expanded investigations in neighborhoods. He said the current notice process is sound and responses to city notices are typically prompt. He noted that the city is limited to one Traffic Engineering staff person who inspects the complaints and conducts follow-up inspections. In severe cases, the city will remove obstructions. Mr. Seiler reviewed the proposed revisions to the current ordinance: adopt clear view standards based on safe stopping sight distances; create restrictions at midblock driveways; and adopt standards for the spacing of trees planted along public rights-of-way near intersections. Other revisions include creating specific elevation and vertical clearance criteria for passage obstructions; establishing emergency powers to remove severe obstructions; and consolidating applicable ordinances to one section of the City Code. He said an education campaign is planned to familiarize citizens with the revisions. Council Member Cooper said she supported the idea of establishing emergency powers to remove severe obstructions, which Mr. Seiler further explained. Mayor Neal called for comments from the audience. Mr. Paul Koepke, President of the Beautify Corpus Christi Association, spoke in support of the new city marshals program and the proposed revisions to the visual and passage obstruction ordinances. He said their organization has been working with staff to find ways to beautify the city. City Secretary Chapa polled the Council for their votes as follows: 24. FIRST READING ORDINANCE Amending the Code of Ordinances by repealing Section 49-80, Trees or Shrubs Obstructing Passage, Vision, Etc., on Street or Sidewalk Prohibited, Section 49-81, Property Owner, Etc., to Trim Trees or Shrubs Overhanging Street or Sidewalk, Section 49-82, Procedure Upon Non -Compliance, Section 53-8, Obstructing Street and Sidewalk Traffic, and Section 53-9, Obstructing Street Intersections with Shrubs, Structures, Etc., adopting Sections 53-259 through 53-266 which pertain to vision and passage obstructions; providing for criminal penalties under City Code Section 1-6. Minutes Regular Council Meeting September 14, 1999 Page 18 The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal announced the two other closed sessions, pursuant to Texas Government Code Section 551.071 regarding the following: City of San Juan v. Central Power & Light Co., No. C- 2510 -96-D, 206th District Court, Hidalgo County, Texas, with possible action related thereto in open session; and regarding the following cases against the City of Corpus Christi et al in the United States District Court for the Southern District of Texas, Corpus Christi Division: William Bussey No. C-99-171, John Betz No, C-99-133, Arnulfo Guerrero, Jr. No. C-99-143, Mark Schauer No. C- 99-144, Charles Bartels No. C-99-158, William Livingston No. C-99-159, Duane Pacheco No. C-99- 168, Gilbert Garcia No. C-99-170. The Council went into closed session. The Council returned from closed session. Mayor Neal made the following motion, which was seconded by Council Member John Longoria. City Secretary Chapa polled the Council for their votes as follows: N.-1. M99-314 Motion authorizing the City Manager to execute an agreement with Central Power and Light Company and Central and South West Corporation to opt out of the class action styled City of San Juan v. Central Power & Light Co., No. C -2510-96-F, 206th District Court, Hidalgo County, Texas, a substantial copy of which is on file with the City Secretary. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal called for the City Manager's report. Mr. Garcia said the City Attorney's Office and Solid Waste Services are in the process of finalizing the solid waste services ordinances and they will be ready for Council consideration on September 28t. He said the September 21s` meeting will have several major presentations, including the general obligation bond issue process; feasibility of establishing a stormwater drainage utility; annexation process; and the Alameda hospital zone. City Attorney Bray said staff has been working with ClearSource Inc. to try to expedite their franchise request. He said the consultant and the city committee have been involved with developing the city needs assessment, a request for proposals, a master ordinance for any cable company that wants to come to Corpus Christi, and a model franchise, which are all extensive documents. He said those have been completed and have been e-mailed to ClearSource and TCI Cablevision. Minutes Regular Council Meeting September 14, 1999 Page 19 Council Member Kirmison asked if that particular franchise agreement has any impact on the type of arrangement the city can have with TCI. Mr. Bray said it does because under federal law the city has to treat everybody on a competitively neutral basis. He added that both ClearSource and TCI are proposing to rewire the city with much higher technology and offer more services. He said staff will not recommend something to the Council that they think will cause the city problems with TCI. In his report, Mayor Neal said he had a few items he wished to be considered in the future: status of a new golf course; update on the 1986 bond program; and a review of the Council - established action items. He then called for Council concerns and reports. Council Member Gonzales asked about the status of the city's efforts to provide shelters for citizens during hurricanes. Mr. Garcia replied that the Budget Office staff completed a survey of communities along the Gulf Coast and Atlantic seaboard about how they address the issue of shelters. He said he has not yet reviewed the survey but they will present it to the Council in the next few weeks. Dr. Gonzales asked what Corpus Christi will be doing. Mr. Garcia said one of the options is for the city to provide shelters since the Red Cross has made it clear they will not. He added, however, that the status today is no different from a month ago. Dr. Gonzales said city staff should be working with other entities to identify facilities that would serve as safe shelters. Mr. Garcia said that providing shelters is a major policy decision, and staff can bring back a recommendation next week on what it would take to establish a network of shelters. Mayor Neal said in addition the City Manager should explain what the city's current policy is, which was approved by the City Council and reaffirmed in the last three years. Mr. Garcia said he was just provided with a page from staff's survey of 13 cities, of which only two provide shelters (Brownsville and New Orleans). Council Member Betty Jean Longoria said she shared some of Dr. Gonzales' concerns regarding shelters in hurricanes. She added that she did not think the ordinance governing street name changes was strong enough in light of the recent name change application the Council considered. Mr. Garcia noted that the Council established a policy of declining to change the names of streets in the city except under unusual, extenuating circumstances. City Secretary Chapa said the Council has the final decision on whether or not to change a street name. He said there is an ordinance in the City Code that specifies how a person applies for a street name change. He said his office recently received another request for a name change that is being processed and will be forwarded to the Council in the near future. Mrs. Longoria also requested additional information on the Oso fishing pier, and she announced a meeting regarding improvements to Leopard Street. Dr. Gonzales asked for information about the westside landfill and the trenches at the landfill. Council Member Kinnison complimented staff for a public meeting they conducted in the Crossgate subdivision. He also asked about the technology fee at Municipal Court. Ms. Sudhoff Minutes Regular Council Meeting September 14, 1999 Page 20 explained that staff will be bringing the Council a proposal to include a technology fee at the court that they can choose to apply only to traffic violations and not parking violations. Mr. Kinnison also asked about the status of the draft report on the disparity study. Mr. Garcia said despite staff's efforts, the consultants have not produced the report and they are not being paid at this time. In light of a recent visit by the Deputy Secretary of HUD, Council Member John Longoria asked Mr. Utter to prepare an inventory of HUD programs in which the city is participating. Mr. Longoria also asked for a review of the city's residential traffic management program, and he noted that there is an upcoming discussion on whether or not to reengineer or privatize the city's utilities. Following a brief discussion, it was determined that city staff will present its reengineering proposal during a presentation (without public comment) on October 12th, followed on October 10 by the proposal by the other entities. Then the Council will make a decision. Mr. Longoria also questioned the process for selecting the program manager at the Juvenile Curfew and Truancy Assessment Center. Mr. Garcia said staff will look into it. Council Member Scott commended the members of the Council's Municipal Court Committee for the process of selecting a new Municipal Court judge. He also said he has received the Council's ideas for their vision statement, which is being finalized; and he said he was informed that FHA does not insure new home construction and he is further reviewing that issue. Mr. Scott suggested staff look at the number of signs associated with speed humps. Council Member Garrett requested a status report on the centralized communication system for public safety. Mr. Garcia said staff is still looking for a location for it. Mr. Garrett asked who sets the fine for traffic tickets. Ms. Sudhoff replied that the state provides parameters for each violation but the presiding judge, in this case Judge Tamez, determines the fines for Municipal Court. Mr. Garrett said he hopes the city does not use traffic tickets as a revenue source. Mr. Garrett also asked about a possible discussion on a half-hour of free parking at the airport. Mayor Neal replied that they can discuss it during the next budget process. Mr. Garrett thanked staff for their efforts with a traffic barricade on Vestal Drive. Council Member Colmenero addressed several issues. He agreed that hurricane shelters need to be discussed. He reported an abundance of high weeds and piles of brush, and he said the city is the entity which needs to trigger the process for empowerment projects. Mr. Colmenero said he had received a letter about a traffic problem on Naples Street, he requested additional information about the Citizens Advisory Councils, and he asked about liability concems related to circus performances. Council Member Cooper said she would like them to revisit the issue of recycling for multi- family households, and she said she supports the shelter issue as well. Mayor Neal asked Mr. Utter to briefly review the new homebuyer program, which he explained. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 6:35 p.m. on September 14, 1999.