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
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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,
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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
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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
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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
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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,
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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."
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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
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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
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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.
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September 14, 1999
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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.
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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
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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
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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
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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:
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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
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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.
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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.
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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
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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.