HomeMy WebLinkAboutMinutes City Council - 11/30/1999I 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 November 30, 1999, which were approved
by the City Council on December 14, 1999.
WITNESSETH MY HAND AND SEAL, this 14th day of December, 1999.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 30, 1999
12:02 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Javier D. Colmenero*
Council Members:
Melody Cooper*
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
John Longoria
Mark Scott
ABSENT
Betty Jean Longoria
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretary Rachelle P. Ramon
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rev. Jerry Weiss, Trinity Worship Center, 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 City/County joint meeting of November 8, 1999 and the regular Council
meeting of November 16, 1999. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda.
The first presentation was an update on the proposed 2000 bond issue process. Deputy City
Manager Noe recalled that in May 1999, the Council developed a set of goals and priorities during
their planning retreat. The Council directed staff to develop a capital improvement bond issue that
included prioritized projects for consideration and financing alternatives. On July 20, 1999 the
Council approved the FY 99-00 capital improvement program (CIP) budget and the 2000-04 CIP that
included projects to be funded from a future bond election.
Mr. Noe went on to say that on September 21, 1999 staff gave the first presentation of "Bond
Issue 2000" which included the CIP process, the first draft of a project list, financing alternatives,
and possible election dates. The second presentation by staff was made on October 12, 1999 and it
included options regarding the public input process, possible hearing sites, capital policies, suggested
evaluation criteria, and a summary of the potential tax impact at various levels of bond financing.
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Regular Council Meeting
November 30, 1999
Page 2
Also on October 12th, the Council voted to instruct staff to continue to develop information
for the Council and citizens regarding holding a bond election. Since then, staff has been involved
in various bond election -related activities: the City Attorney has discussed with the Attorney
General's Office the necessary ballot language and sales tax alternatives; and staff has formed a task
force to develop "starting points" for the bond election.
Mr. Noe reviewed two key financing alternatives: property tax increase and sales tax
increase. Under the first scenario, a voter -approved property tax increase would be outside the 68 -
cent tax cap, while the actual property tax rate required to satisfy debt service would be set annually.
With regard to a sales tax increase, Mr. Noe explained that two cents of every dollar is available for
local use (each 1/8 cent equals approximately $3.8 million). Currently, the city collects one cent for
the General Fund and 1/8 cent for the Crime Control District. Also, the Regional Transportation
Authority collects 1/2 cent, which leaves 3/8 cent available for other local uses. He said projects that
are eligible for sales tax funding include park and recreation projects, tourism and economic
development, and streets (which require a case-by-case review).
Mr. Noe said that a general obligation bond election can be held on virtually any date (with
some exceptions), while a sales tax election must be held on one of four statutory election dates.
During the year 2000 they are January 15th, May 6th, August 12th, and November 7th. During their
last bond election discussion, the Council considered the possibility of holding a combined property
tax/sales tax election on November 7, 2000.
Regarding specific projects, the Deputy City Manager said staff believes the renovation of
the seawall can be supported by a 1/8 cent sales tax increase. He noted that the seawall project is
estimated to cost $43 million and will take about six years to accomplish beginning in 2001. Mr. Noe
said staff has also earmarked another 1/8 cent as a potential funding source for a multi-purpose
arena, which is estimated to cost $25 million to $35 million with estimated annual operation and
maintenance costs of $1 million to $1.5 million.
*Council Member Cooper arrived at 12:15 p.m.
Mr. Noe said staff has developed two alternatives for a property tax -based proposition. The
first one focuses on health and safety ($6.43 million) and streets ($33.57 million), totaling $40
million. The second proposal totals $52.89 million and it includes the following: health and safety
($9.73 million), park and recreation ($10.92 million), public facilities ($1.77 million), and streets
($30.47 million). He also discussed projected property tax rates for debt service for both a $40
million bond issue and a $53 million bond issue, as well as the impact of the bond election on the
average home owner (with an average home value of $67,278).
City Manager Garcia and other staff responded to Council members' questions. He pointed
out that this proposal is different from the first one in the amount of the bond issue being discussed
($40 million or $53 million versus $100 million) and, subsequently, the change in the impact to the
homeowner. Some Council members asked that they receive staffs proposals sooner in order to
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Regular Council Meeting
November 30, 1999
Page 3
study them. City Attorney Bray said it has been determined that the seawall project can be funded
through a sales tax increase. Mr. Garcia said the next step would be for the Council to direct staff
to continue with the bond election package and to determine other factors, such as the public
participation process.
Following a brief discussion, Mayor Neal suggested that the Council hear the presentations
on the arena and the seawall first and then return to the discussion on the bond election.
* * * * * * * * * * * * *
The second presentation was a discussion of funding options and cooperative efforts in
construction of a multi-purpose arena. Mr. Noe explained that in October 1985 a feasibility site study
for a multi-purpose arena and outdoor facility was prepared by Kenneth Leventhal and Company
CPAs; however, the project was never brought before the voters. In December 1994 the Nueces
County Sports Facility District requested that the city help fund a feasibility site study for a multi-
purpose arena and outdoor facility, but that study was never undertaken. And in July 1997 the
Community Progress Partnership considered placing an arena complex on the list of proposed
projects to be financed by a sales tax referendum, but it was later determined that the complex would
not be included on the CPP ballot. Mr. Noe then reviewed comparable projects around the country.
He said funding strategies include a 1/8 cent increase in the local sales tax, contributions
from users and partners, and facility -generated revenues. He noted that 1/8 cent generates about $3.8
million annually and it supports $40 million in debt over 20 years. Mr. Noe said staff is
recommending that the arena project be initiated separately from the bond issue, and they suggest
that the arena project be incorporated into the current work being done on the convention center
expansion. He said there are benefits to locating the two projects together, such as shared facilities
and operations. He said they believe that a sales tax increase is the most viable source of funding and
they are seeking the Council's authorization to begin active discussions with all potential partners,
including the university, the Port, the IceRays, and others.
In response to Council members' questions, Mr. Noe noted that the City of Laredo is
planning to hold an election in May to consider a 1/4 cent sales tax for a $35 million arena. Mr.
Garcia reiterated that the opportunity exists to share costs for the convention center expansion and
the arena construction. He added that the coliseum will remain but the question is whether the city
will be able to operate both facilities in tandem. Mr. Noe said an engineering analysis has been
conducted on the feasibility of adding seats to the existing coliseum, and the numbers are high. Mr.
Garcia also discussed the concept of public/private participation for a new arena involving a series
of financial commitments along with some tax -supported debt.
Mr. Garcia also stated that locating a new arena adjacent to the convention center presents
the greatest number of opportunities and the fewest problems. He added that construction will be
needed to improve parking and traffic circulation in that area. Mr. Noe pointed out that a needs
assessment will have to be conducted to determine the appropriate size for an arena. Mr. Garcia said
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Regular Council Meeting
November 30, 1999
Page 4
that long-term contracts can be entered into with private entities for their use of the arena. The point
was made that an arena would be a 40- to 50 -year investment for the city involving many uses.
*Council Member Colmenero arrived at 1:20 p.m.
The third presentation was a review of the seawall repair study. Mr. Jim Shiner, President
of Shiner Moseley & Associates Inc., introduced Mr. Jeff Massengill, Vice President of SMA and
project manager. Mr. Massengill pointed out that the study area included not just the seawall itself
but the Art Museum bulkhead, north reach, marina, T -Heads and L -Head and McGee Beach. He
added that the barge dock, which was rehabilitated in 1990, was not part of this investigation.
Mr. Massengill reviewed the study's findings, including that they detected timber pile decay,
voids under the structure, sheet piling corrosion, and deterioration of the concrete. In addition, they
determined that the north reach was under -designed by today's standards. Other issues addressed in
the study included prioritization of repairs; sequencing of work; peer review by the U.S. Army Corps
of Engineers; alternative funding considerations; and the character of the seawall, such as its
importance to tourism and as a source of protection from storms. With regard to the peer review, Mr.
Massengill quoted from a Corps letter stating that they had found the studies and reports to be
comprehensive, and the recommendations that repairs are essential and the proposed remedial
measures reflect sound engineering judgment.
Capt. Tom Rodino, a retired member of the Coast Guard who was involved in the seawall
project, discussed alternative funding sources. He noted that they looked into getting the seawall
classified as a federal project under the Corps of Engineers programs, which is a complex, lengthy
process and requires Congressional authorization. He said the current condition of the seawall is a
detriment since it is the result of deferred maintenance and deterioration rather than disaster -induced
damage. Mr. Rodino also discussed post -disaster funding through FEMA. He said a short-term
funding solution needs to be found that is independent of federal disaster funding, as well as
pursuing it as a federal project in the long-term.
Mr. Massengill then discussed recommended repair option and costs, consisting of $36.7
million for design and construction; $1.5 million for administrative costs, for a total of $38.2 million
in 1999 dollars. For a five-year period, the escalation amount would be $3.8 million, for a total
project cost in future dollars of $42 million. He also described their recommendations of phased
design and construction. Mr. Massengill and Capt. Rodino then responded to Council members'
questions regarding funding options, safety issues, and timeline of the project (spanning six years).
Mayor Neal said the Council has several issues to consider with regard to a bond election:
whether or not to hold a bond election; if so, on what date; the amount of the property tax proposal;
needs assessment for the location of an arena in conjunction with a needs assessment for the
expansion of the convention center.
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Regular Council Meeting
November 30, 1999
Page 5
Council Member Gonzales made a motion to direct staff to plan for a joint property tax and
sales tax bond election on November 7, 2000. The property tax proposal would include multiple
projects up to $55 million, and the sales tax proposal would include the arena and seawall projects.
Council Member Cooper seconded the motion.
Council Members John Longoria and Rex Kinnison said they were not in favor of the
November 7th election date because it is a presidential election date. A motion was made to amend
Dr. Gonzales' motion to change the election date to August 12, 2000; Dr. Gonzales accepted the
amendment. Mayor Neal called for a voice vote on the motion to amend, and it passed by the
following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, and J. Longoria voting
"Aye"; Scott voting "No"; B. Longoria absent. Mr. Scott said he preferred the November 7th date.
Responding to Mr. Longoria, Mr. Garcia said staff's recommendation is to locate the arena
in close proximity to the convention center, which will be expanded and changed. Mr. Longoria said
that in light of the other projects that are proposed for that area, including near the Port, he felt staff's
recommendation made sense. Mr. Longoria made a motion to accept staff's recommendation to
locate the arena in the general area of the convention center; seconded by Mr. Kinnison.
Dr. Gonzales said that while he would like to have the arena located near the water, he was
concerned about traffic there. He said the Council needs information on other possible sites. Mr.
Kinnison said the needs assessment will incorporate infrastructure needs. He said they should focus
on whether or not the community wants an arena rather than on where it will be located. Mr.
Colmenero said he thought the Council needs to be open-minded to alternative sites. Mr. Longoria
said different sites will involve partnerships with other entities. Ms. Cooper felt they should
designate the site at this time and they can change it later if necessary.
Mayor Neal restated Mr. Longoria's motion to accept staff's recommendation to locate the
arena in the general area of the convention center and to conduct a needs assessment. The Mayor
called for a voice vote and the motion passed as follows: Neal, Colmenero, Cooper, Garrett,
Kinnison, J. Longoria, and Scott voting "Aye"; Gonzales voting "No"; B. Longoria absent.
Mr. Longoria and Mr. Kinnison suggested that the Council consider using the remaining 1/8
cent that is available in order to retire the debt much sooner than 20 years. Dr. Gonzales noted that
the 1/8 cent will not go away and can be used in the future. Mr Kinnison then made a motion to hold
a sales tax election but to leave it open as to the amount of the sales tax that will be dedicated toward
an arena or the seawall project; Mr. Longoria seconded the motion. City Secretary Chapa polled the
Council for their votes and the motion failed by the following vote: Kinnison, J. Longoria, and Scott
voting "Aye"; Neal, Colmenero, Cooper, Garrett, and Gonzales voting "No"; B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
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Regular Council Meeting
November 30, 1999
Page 6
Mr. Abel Alonzo, 1701 Thames, thanked several people, including H -E -B and Whataburger,
for their assistance in raising money to provide a week's worth of groceries for 50 families, which
he said was a huge success.
Mr. Mike Baker, 4641 Gayle Circle, spoke against the annexation of Mustang Island, saying
the city should concentrate on the areas it has already annexed. He said they should prove that the
city has the capability of providing services to that area first before annexing it. He added that
Mustang Island belongs to Port Aransas, not Corpus Christi.
Mr. Phillip Lara, 538 Indiana, said he is the youngest boat owner on the People's Street T -
Head. He suggested that booths be built behind every boat on the boardwalk, which would allow
shrimpers to offer shrimp to the public on a more regular basis. The shrimpers could also make
longer trips on their boats. He discussed why he believes that plan would benefit the city and how
the existing ordinances make it difficult for shrimpers.
Mr. Tony Cisneros, Director of Park and Recreation, said the Water/Shore Advisory
Committee is reviewing all of the ordinances relating to marina operations. He said Mr. Lara's
suggestion could not be accomplished under the present ordinances but the ordinances could be
changed. Mayor Neal said he thought it is important to proceed with the process so the Council can
be given different options in a reasonable amount of time.
Mr. Ruben Lara, 4225 Adkins, said the ordinances regarding selling shrimp in the marina are
difficult to understand. He said there is much opposition and since they began discussing the issue,
they have experienced threats and sabotage. He said he has reported incidents to the police but he
has not received assistance. Mayor Neal asked Mr. Lara to visit with Assistant Police Chief Bung
(who was present at the meeting) about his concerns. Responding to Council Member Garrett, Mr.
Lara said they have been operating there for 17 years. City Manager Garcia said staff and the
Water/Shore Advisory Committee are aware of the incidents at the marina, which have been
occurring for some time and they will continue to address them.
Mr. Leon Perez, 904 Buford, commented negatively on the Columbus ships.
Mr. Edwin Singer, President of the Foundation for Sciences and Arts, discussed the real
estate problem at the Bayfront Arts and Science Park. He said there is a great deal of private property
between the convention center and the courthouse. Mr. Singer said the Corps of Engineers is ready
to move if they can find a location. He said as private individuals they have tried to work with the
Corps but the city is the only agency that has the power to negotiate a deal with the Corps.
* * * * * * * * * * * * *
The fourth presentation was regarding the Bayfront Arts & Science Park development project
and the Art Museum of South Texas expansion project. Mr. John Dykema, President of the South
Texas Institute for the Arts, said there are eight Texas cities that are currently undergoing art
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Regular Council Meeting
November 30, 1999
Page 7
museum expansions. He explained that a few years ago, in order to be socially and fiscally
responsible, the Art Museum of South Texas merged with the Center for Hispanic Arts and the
Creative Arts Center, resulting in the South Texas Institute for the Arts. In addition, they have a
financial arrangement with Texas A&M University -Corpus Christi (TAMU-CC). As a result of the
merger, it was determined that additional facilities are needed, including classrooms and a vault.
Mr. Dykema said they established a budget and hired Mr. Ricardo Legaretta, an
internationally acclaimed architect. Mr. Dykema said the space between the art museum and the
Museum of Science and History is underutilized and they were asking the Council if they would
grant them the property to the north of their existing facility. He said that would allow for their
expansion, with the understanding that they will seek city staffs concurrence on the use of the
property. Mr. Dykema said they anticipated purchasing the Corps of Engineers building, constructing
their addition and then giving it to the city while continuing to maintain it.
Dr. Robert Ferguson, President of TAMU-CC, said the proposed project contains many
educational elements. He said they have raised $3 million out of the $5 million needed for the
project; in addition, they have a commitment from the Legislature for $95,000 per year for the
staffing and other elements of the project.
City Manager Garcia explained that one of the challenges in that area is how to take several
dynamic facilities and link them together in a cohesive way. Another challenge has been a drop in
attendance to those facilities. He said their goal is to attract one million visitors per year to that area
by developing a unique attraction with the cooperation of private developers.
Mr. Tom Utter, Assistant City Manager for Development Services, described the draft
request for qualifications from master developer teams for the Bayfront Arts and Science Park
development proposal. He noted that in December staff will be bringing to the Council their
recommendations for the feasibility consultant and the project management firm for the convention
center expansion.
Responding to Mayor Neal, Mr. Utter referred to a map of the area and described the location
of the Corps of Engineers, the art museum, and the Port property. Mr. Dykema explained that they
have had discussions in the past with the Corps and other entities regarding the Corps relocating. Mr.
Dykema and Mr. Utter also replied to Council members' questions. A discussion ensued regarding
the use of the waterfront property in that area. Mr. Utter pointed out that the Corps property would
need to go to a public entity, such as the city.
Council Member Gonzales made a motion to direct staff to work with the South Texas
Institute for the Arts to draw the boundaries of the property they need which, based on Mr. Dykema's
presentation, involves the north end (the Corps parking lot). In addition, the motion would direct
staff to work with a developer on developing the rest of the land there. The motion was seconded by
Council Member John Longoria.
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Regular Council Meeting
November 30, 1999
Page 8
Mr. Edwin Singer suggested that the Council appoint a committee consisting of
representatives of the Port, the Corps, and their foundation to resolve the real estate situation. He
added that proceeding with the art museum's plans to utilize a world-class architect for their project
will set a standard for any developer who wishes to develop that area.
Dr. Gonzales said his motion incorporates Mr. Singer's thinking on the issue. Mr. Dykema
added that Mr. Utter is a member of their building committee and they intend to work with the city
on a mutually beneficial solution. Mr. Garcia said the issue of the Corps property basically entails
which entity will pay $2 million in order for the Corps to move to another location. He said the city
did not have the $2 million and their plan was for a private developer to acquire it. Mr. Dykema said
the concept is that the art museum will raise the money for the project and make it a gift to the city.
Following additional discussion, Mayor Neal called for a vote on Dr. Gonzales' motion. Mr.
Utter said that the Council's motion in effect would be saying to the art museum that they can
develop property to the north but the exact boundaries still need to be determined and brought back
to the Council. Mr. Utter said they could come back to the Council on December 21, 1999. The
Mayor said that in the meantime they can follow Mr. Singer's suggestion about forming a committee
to further the negotiations for the Corps property.
Mr. Chapa polled the Council for their votes on Dr. Gonzales' motion, and it passed by the
following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria,
and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal called for a brief recess.
Upon reconvening, City Secretary Chapa discussed holding a bond election in August versus
holding it in November. He explained that August elections typically have low voter turn -out (about
7% to 8%) and the cost is higher (about $100,000) since the city would run the whole election and
have to pay for it. The benefit of holding the election in August is that the city would be able to
provide the results soon after the polls close on election day.
Mr. Chapa added that since the November 7th date is a presidential election, the voter turn-
out could be 38% to 40%, which is more reflective of the people's wishes. He said the county will
be running the November 7th election, thus saving the city about $35,000 to $40,000. In addition,
the city could have a separate color -coded ballot specifically for the city's issues in order to not have
those issues lost at the bottom of the county's ballot.
Council Member Kinnison made a motion to change the date for a bond election to
November 7, 2000; seconded by Council Member Colmenero, and passed (B. Longoria absent).
* * * * * * * * * * * * *
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Regular Council Meeting
November 30, 1999
Page 9
The fifth presentation was made by Mr. Cisneros regarding festival area sites. He explained
that the city needs a permanent festival site not only for its events but also for non -city sponsored
large events. He said a study in 1985 by the Bayfront Activities Committee recommended
McCaughan Park as the site for a festival area. In 1991, city staff proceeded with the South Central
Area Development Plan, which recommended the Harbor Bridge portion of the Bayfront Arts and
Science Park. And in 1997, the Community Progress Partnership included a specific proposal for
developing the Harbor Bridge site as a festival area for $1.87 million. However, the CPP proposals
were rejected by the voters.
He said festival site requirements include: proximity to the water area of the bayfront;
available parking; good vehicle and pedestrian access; and support infrastructure in place. He said
the Harbor Bridge site contains several constraints, including continued construction of new
facilities; no waterfront access; competition for available parking; and scheduling conflicts with
other Bayfront Park tenants. The benefits of the Harbor Bridge site include that most of the property
is owned by the city; shade structures are in place; and close proximity to downtown and the
convention center.
He said the future of a festival site depends on locating it at the Harbor Bridge location or
an alternate site; possible future bond issue funding (estimating that it will need $2.5 million); the
need for a permanent location for such large festivals as Bayfest and Buccaneer Days; and possibly
tieing it in with a proposed arena. He said staff is recommending that Bayfest and Buccaneer Days
continue to operate in their current locations until the city has established a permanent site for such
festivals. He noted that the Jazz Festival was successfully held this year at Heritage Park. Mr. Utter
then referred to a map and described the areas owned by the city.
Council Member John Longoria discussed the idea of moving the Shoreline Boulevard
medians north of IH -37 next to the water and developing a festival site there. Mr. Cisneros pointed
out that when conventions are held at the convention center, Shoreline serves as the main traffic
corridor. Mayor Neal said he thought a natural location for a festival site is Heritage Park. He
suggested that they continue to study the issue of a festival site in the future.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 2-12). Council members
requested that Items 2, 4 and 5 be withheld for discussion. There were no comments from the
audience. City Secretary Chapa polled the Council for their votes and the following were passed:
3. M99-405
Motion authorizing the City Manager or his designee to execute two professional service
contracts with Concentra Medical Centers, Corpus Christi: (I) to provide alcohol and drug
testing services for City employees in the Gas Department and employees required to hold
a Commercial Driver's License to perform the essential functions of their positions, and as
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Regular Council Meeting
November 30, 1999
Page 10
required by the Citywide and Marina Alcohol and Drug Policies; and (2) to provide for
specific alcohol and drug testing services required by the Fire Department's Alcohol and
Drug Policy. The estimated annual combined cost for two (2) contracts is $44,616.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
6. M99-408
Motion authorizing the City Manager or his designee to execute an engineering services
contract in the amount of $328,979 with Urban Engineering for the Savage Lane Pumping
Plant Clearwell Replacement Project.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
7.a. M99-409
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$100,000 in Weed and Seed Assets Forfeiture funding from the U.S. Department of Justice,
Office of Justice Programs, Executive Office for Weed and Seed, for support in Weed and
Seed Sites 1 and 2.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
7.b. ORDINANCE NO. 023850
Ordinance appropriating $100,000 of assets forfeiture funds from the U.S. Department of
Justice, Office of Justice Programs, Executive Office for Weed and Seed, in the No. 1050
Federal/State Grants Fund to support Weed and Seed Sites 1 and 2.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and
B. Longoria absent.
8. RESOLUTION NO. 023849
Resolution authorizing the City Manager or his designee to submit a Community Outdoor
Outreach Program Grant application for up to $28,239 to the Texas Parks and Wildlife
Department, to fund Outdoor Education and Recreation enhancements to the City's Summer
Recreation Programs.
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Regular Council Meeting
November 30, 1999
Page 11
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
9. RESOLUTION NO. 023851
Resolution giving permission to Tarrant County Health Facilities Development Corporation
for the issuance of bonds, the proceeds of which will be used to finance the cost of health
facilities within the City of Corpus Christi, Texas.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
10.a. M99-410
Motion authorizing the City Manager to execute Attachment No. 01 to Contract No.
7460005741-2001 with the Texas Department of Health in the amount of $87,979 for
tuberculosis prevention and control and expanded outreach services.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
10.b. ORDINANCE NO. 023852
Ordinance appropriating a grant from the Texas Department of Health in the amount of
$87,979 for tuberculosis prevention and control and expanded outreach services in the No.
1050 Federal/State Grant Fund.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and
B. Longoria absent.
11. ORDINANCE NO. 023853
Ordinance appropriating $115,000 from a Coastal Bend Community Foundation Grant in the
No. 3210 Library CIP Fund for library materials for the Janet F. Harte Public Library;
amending Ordinance No. 023703 which adopted the FY 99-00 Capital Budget, to add
$115,000 to the Library program.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
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Regular Council Meeting
November 30, 1999
Page 12
12. ORDINANCE NO. 023854
Ordinance authorizing the City Manager or his designee to execute a use privilege agreement
with Gary L. Martin and Mina K. Martin, to install, operate, maintain, and remove a 3" force
main in and across the Hazel Bazemore Road street right-of-way, approximately 385 -feet in
length, to tie into an existing sanitary sewer manhole located in a 20 -foot wide utility
easement in the River Ridge Estates Subdivision, in consideration of payment of $530, and
other specified conditions.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and
B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 2, police package sedans. Council Member Garrett
asked which budget will pay for the two additional sedans for the marshal's program. City Manager
Garcia replied that they will be paid for by Municipal Court. Mr. Jim Davis, Fleet Management
Superintendent, briefly discussed some of the vehicles being purchased. City Secretary Chapa polled
the Council for their votes as follows:
2. M99-404
Motion approving the purchase of 44 police package sedans in accordance with Bid
Invitation No. BI -0035-00 from Crosstown Ford Sales, Inc., Corpus Christi, Texas based on
low bid for a total amount of $911,548. Thirty-five (35) of the sedans are replacements for
Police Patrol; seven (7) are additional units for the Crime Control District; and two (2) are
additions to the fleet to be used by Municipal Court's Marshal Program. All items are
budgeted in the FY99-00 Capital Outlay.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 4, professional services contract. Responding to Mr.
Garrett, Ms. Sharon Dove, Assistant Director of Human Resources, said the city sent out 36 requests
for proposals to provide promotional examination and assessment center services and they received
seven responses; of those, Mr. Joiner's was the lowest. In addition, he has provided very good
services to the city for many years. She added that the fire and police associations agree through the
collective bargaining process to the assessment centers and their criteria. City Secretary Chapa polled
the Council for their votes as follows:
Minutes
Regular Council Meeting
November 30, 1999
Page 13
4. M99-406
Motion authorizing the City Manager or his designee to execute a professional services
contract with Dennis A. Joiner & Associates, to provide promotional examination and
assessment center services, as required by the agreements with the Corpus Christi
Firefighters' Association and the Corpus Christi Police Officer's Association, at an estimated
annual cost of $66,000.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 5, "Millennium Carnival" street closings.
Council Member Scott said the background information for this item states that the
Buccaneer Commission has planned a $1.00 admittance fee for the general public to the millennium
carnival; however, the permit to close a street for public events states that "admittance to said event
shall be free."
Mr. Joe Ochoa, Executive Director of the Buccaneer Commission Inc., said the $1.00 charge
is consistent with Buccaneer Days, part of which is due to liability and safety issues for patrons. He
said part of the fee will be used to pay for the fencing of the area. Mr. Garcia said staff could amend
the permit regarding admittance to the event to reflect the $1.00 fee. A brief discussion ensued
regarding the safety measures that are planned for the event. City Secretary Chapa polled the Council
for their votes as follows:
5. M99-407
Motion approving the application from the Buccaneer Commission, Inc., to temporarily
close the southbound leg of Shoreline Boulevard, between Interstate 37 and Peoples Street,
beginning 10:00 a.m. December 28, 1999 and ending 12:00 midnight January 3, 2000, to
conduct the "Millennium Carnival" festivities.
The foregoing motion passed as follows: Neal, Colmenero, Kinnison, J. Longoria, and Scott
voting "Aye"; Gonzales voting "No"; Garrett abstaining; Cooper and B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 13, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
13. Case No. 1099-1, George Mostaghase: A change of zoning from an "F -R" Farm -Rural
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Regular Council Meeting
November 30, 1999
Page 14
District to "B-4" General Business District on Tract 1 and "R -1C" One -family Dwelling
District on Tract 2 on Nueces River Irrigation Park Annex No. 2, Tract 1, located on the
northeast corner of Northwest Boulevard (F.M. 624) and Trinity River Drive.
City Secretary Chapa said the Planning Commission and staff recommended approval of an
"R -1C" District on Tract 2, and approval of a "B-4" District on the south 275 feet of Tract 1 (Tract
1B), and denial of a "B-4" District on the north 125 feet of Tract 1 ( Tract 1A), and in lieu thereof,
approval of an "AB" Professional Office District. No one appeared in opposition to the zoning
change. Dr. Gonzales made a motion to close the public hearing, seconded by Mr. Scott, and passed.
Mr. Chapa polled the Council for their votes as follows:
13. ORDINANCE NO. 023855
Amending the Zoning Ordinance, upon application by George Mostaghase, by changing the
zoning map in Reference to Tracts 1A, 1B, and 2 in Tract 1 of Nueces River Irrigation Park
Annex No. 2; by changing the zoning of Tracts 1A, 1B, and 2 from "F -R" Farm -Rural
District; changing Tract 1B to "B-4" General Business District; changing Tract lA to "AB"
Professional Office District; changing Tract 2 to "R -1C" One -Family Dwelling District;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and
B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 14, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
14. Case No. 1099-5 Nasser Farahnakian: A change of zoning from an "B-1" Neighborhood
Business District with a "SP" Special Permit to "B-4" General Business District on Surrey
Place Unit 1, Block 25, 0.43 acre out of Lot 3, located on the east side of Kostoryz Road,
approximately 350 feet north of Tiger Lane.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"B-4" District, and in lieu thereof, approval of a special permit for auto -related uses subject to a site
plan and six conditions. No one appeared in opposition. Mr. Colmenero made a motion to close the
public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes:
ORDINANCE NO. 023856
Amending the Zoning Ordinance upon application by Nasser Farahnakian, by granting a
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Regular Council Meeting
November 30, 1999
Page 15
Special Permit for auto related uses subject to a site plan and six (6) conditions to 0.43 acre
out of Lot 3, Block 25, Surrey Place Unit 1; amending the zoning map; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 15, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
15. Case No. 1099-6E Coym Rehmet & Gutierrez Engineering: An exception to the standard
screening fence requirement on Bob Lacy's Business Park, Block 1, Lot 1, located on the east
side of U.S. Highway 77, approximately 900 feet south of Brookhaven Drive.
City Secretary Chapa said the Planning Commission and staff recommended approval of a
wavier along the north property line and the deferral of the standard screening fence requirement
along the south property line until such time as the adjacent property develops with residential uses.
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public
hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes:
ORDINANCE NO. 023857
Granting a standard screening fence exception to Coym, Rehmet & Gutierrez Engineering
along the South and North property lines of Lot 1, Block 1, Bob Lacy's Business Park.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 16, old Nueces County Courthouse. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
16. RESOLUTION NO. 023858
Resolution supporting the Nueces County Commissioner's Court in their effort to regain
ownership of the Old County Courthouse in order to qualify for grant funding under the
statewide Courthouse Preservation Program by authorizing the Court to institute tax
foreclosure proceedings, sell the property, and directing the City Manager to quitclaim the
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Regular Council Meeting
November 30, 1999
Page 16
City's interest in the property to the Court for the mutual public purposes of the City and the
County.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 17, mobile data contract. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
17. M99-411
Motion authorizing the City Manager or his designee to execute a contract amendment to the
mobile data contract with Rockwell Collins, Inc. The amendment will cover increased cost
for the mobile data component, the addition of Graphical Used Interface (GUI) software for
public safety dispatching stations, and the addition of an emergency generator at the Violet
radio tower location. The City's share of this additional cost is $159,858.60.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
*************
Mayor Neal opened discussion on Item 18, consolidated emergency dispatch center. There
were no comments from the audience.
Capt. Leonard Scott, Police Department Computer Support, gave a computer presentation
on the status of the consolidated center, which will be a single public safety answering point for all
9-1-1 emergency calls and dispatch functions in Nueces County and the immediate Coastal Bend
area. He said the initial location of the center will be on the fourth floor of the CCPD building and
both the city and the county agree to examine the future development of a center at a separate
location. In addition, county employees in the center will become city employees, and all
participating agencies will share in the cost of operating the center.
Capt. Scott noted that all emergency response agencies in Nueces County, with the exception
of Bishop and Port Aransas police departments, have the 800 Mhz radio system; in addition, the
CCISD and Portland police departments have purchased equipment and are coming onto the system
in the near future. Many state and federal law enforcement agencies in the area have purchased
mutual aid radios that enable them to communicate with the regional communications system. He
explained that the CCPD and Nueces County Sheriff's Department currently operate on the same
computer-aided dispatching and records management system.
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Regular Council Meeting
November 30, 1999
Page 17
Capt. Scott said the Police Department Communications Center is comprised of 3,860 square
feet of computer -grade flooring space, which is raised flooring, self-contained air conditioning,
uninterruptable power supply, emergency backup power system, and specialized fire control and
safety security systems. He further explained the current status of the center, the positions involved,
and future growth needs.
He referred to diagrams to discuss plans for expanding the existing center. The cost for Phase
One, including the architect, would be $39,000. Phase Two, to be completed by April 2002, would
take the remaining available computer -grade floor space for a total expansion of over 1,400 square
feet; cost estimates are not yet available. Responding to Mayor Neal, Capt. Scott reiterated that the
Port Aransas Police Department is not a part of the 800 Mhz radio system. However, if a call comes
into Corpus Christi's center or the Nueces County Sheriff's Department, they have the ability to one -
button transfer the call for them to handle it.
Responding to Council Member Garrett, Mr. Garcia pointed out that the contract being
proposed to the Council has some substantial differences from the contract that was approved by the
Nueces County Commissioners Court. This contract calls for locating the county's dispatch
operation into the city's dispatch facility by April 30, 2000. The question to be resolved is whether
the county will now pay their share of the backbone of the system. Capt. Scott said there are some
personnel issues to be resolved. Mr. Garrett added that he thought the dispatch center should remain
where it is once the renovations are made. Police Chief Alvarez said he agreed, adding that the
county would prefer to move into a separate facility. In reply to Council Member Cooper, Capt. Scott
and City Attorney Bray discussed the contract termination provision. City Secretary Chapa polled
the Council for their votes as follows:
18. RESOLUTION NO. 023859
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with Nueces County to implement a Consolidated Emergency Dispatch Center.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
*************
Mayor Neal opened discussion on Item 19, Laguna Madre Wastewater Treatment Plant
improvements. There were no comments from the audience. City Secretary Chapa polled the Council
for their votes as follows:
19.a. M99-412
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount of $1,310,500 with R.S. Black Civil Engineers & Contractors/Machinery &
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Regular Council Meeting
November 30, 1999
Page 18
Materials, Inc., a Joint Venture, for the Laguna Madre Wastewater Treatment Plant biosolids
facilities improvements project.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
19.b. M99-413
Motion authorizing the City Manager or his designee to execute Amendment No. 3 in the
amount of $52,600 to the contract with Goldston Engineering, Inc., for the Laguna Madre
Wastewater Treatment Plant biosolids facilities improvement project to include additional
construction inspection services.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
Mayor Neal opened discussion on Item 20, airport improvements. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
20.a. ORDINANCE NO. 023860
Ordinance appropriating $401,200 in the No. 4621 Airport Passenger Facility Charge (PFC)
Fund for Landside Roadway Improvements; amending the FY 99-00 Capital Improvement
Program (CIP) Budget, adopted by Ordinance No. 023703, by adding $401,200 to the Airport
CIP Program.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B.
Longoria absent.
20.b. M99-414
Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the
contract with Russell Veteto Engineering in the amount of $385,000 to provide engineering
services for the Landside Roadway - Entrance Road and Parking Lot Improvements projects
at Corpus Christi International Airport, for a revised total fee not to exceed $508,600.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
*************
Minutes
Regular Council Meeting
November 30, 1999
Page 19
Mayor Neal opened discussion on Item 21, airport improvement bonds. There were no
comments from the audience. Responding to Council Member Gonzales, Ms. Bonnie Allin, Aviation
Director, said staff has a presentation planned in December to discuss the renovation plans. City
Secretary Chapa polled the Council for their votes as follows:
21. RESOLUTION NO. 023861
Resolution by the City Council of the City of Corpus Christi, Texas directing the City
Manager to proceed in preparing the necessary documents and taking other measures in
connection with the issuance of General Airport Revenue Bonds to finance improvements
at Corpus Christi International Airport.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 22, firefighters' collective bargaining agreement.
There were no comments from the audience. City Secretary Chapa polled the Council for their votes:
22. M99-415
Motion authorizing the City Manager to execute amendments to the collective bargaining
agreement with Corpus Christi Firefighters Association as negotiated by City representatives
and ratified by the Association's membership.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 23, telecommunications access lines.
City Attomey Bray explained that state statute provides that the industry fees will be assessed
to customers on a per -access line basis. The Public Utility Commission of Texas (PUC) has
established three line categories: Category 1 -residential; Category 2 -non-residential low capacity;
and Category 3 -non-residential high capacity. He said those categories are generally similar to the
city's current franchise with Southwestern Bell. This will result in the following monthly fees:
Category 1-$1.52; Category 2-$3.79; and Category 3-$10.61. Mr. Bray added that the base amount
is subject to the PUC's approval and changes could be made in the future.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
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Regular Council Meeting
November 30, 1999
Page 20
23. RESOLUTION NO. 023862
Resolution allocating access line categories for certificated telecommunications providers
pursuant to House Bill 1777 adopted by the Seventy -Sixth Texas Legislature.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal announced the two executive sessions, pursuant to Texas Government Code
Section 551.071, regarding the following: City of San Benito et al v. PG&E Gas Transmission,
Texas Corporation et al, No. 96-12-7404-A, 107`h District Court, Cameron County, Texas, with
possible discussion and action related thereto in open session; and regarding legal issues related to
Southwestern Bell franchise agreement.
The Council went into closed session. The Council returned from closed session.
City Secretary Chapa read the following proposed resolution. There were no comments from
the audience. City Attorney Bray explained that unless there is a change in the current proposal, the
city will file objections with the court by the deadline of December 9th and they will work toward
opting the city out of the lawsuit. He added that if there are changes, they will come back to the
Council. Mr. Chapa then polled the Council for their votes as follows:
M.1. RESOLUTION NO. 023863
Resolution authorizing the City Manager and City Attorney, in City of San Benito et al v.
PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107`h District Court,
Cameron County, Texas, to file objections to the proposed settlement agreement, to opt the
City of Corpus Christi out of the litigation, and to take all other steps as may be necessary
to exclude the City of Corpus Christi from the proposed settlement and preserve the rights
of the City with respect to the subject matter of the litigation.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Garcia asked Mr. John Bacon, Director
of Information Systems, to provide an update on the city's plans for Y2K "day zero." He explained
that staff will be watching how the date change will affect cities throughout the world. He said
several city employees have been designated as Y2K essential employees for the various systems and
they will be conducting tests on those systems and calling in their results.
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Regular Council Meeting
November 30, 1999
Page 21
Mr. Garcia pointed out that the Council has two meetings left in 1999 --December 14th and
December 21st. The December 14th meeting is scheduled to begin at 9 a.m. and it will include the
evaluations of the City Manager and the City Secretary, the first reading of the annexation ordinance,
and the public art project. He also referred to the city newsletter containing information about the
"Cash for Trash" program and Y2K preparedness, among other issues.
Mr. Garrett asked if the city owned any street sweepers, and Mr. Garcia said they did not. Mr.
Garrett asked staff to look into the possibility of establishing street sweeping programs similar to
programs the city had in the past. Mr. Garcia said street sweepers are expensive pieces of equipment
and are very high maintenance, but they provide a valuable service to the citizens. He added that the
city currently has a street sweeping contract for the downtown area and major thoroughfares;
residential streets and arterials are not swept.
Mr. Scott expressed concern about missing the April let date for the Ennis Joslin street
project. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, said city staff has
met twice with TXDOT and the engineering firm to track the project's progress; another meeting is
planned for December.
Dr. Gonzales asked about the situation between the Women's Shelter and the Police
Department. Mr. Garcia replied that he spoke with Chief Alvarez about the correspondence they
received from the Women's Shelter regarding the domestic violence unit. He said he also is
contacting some Women's Shelter board members and director of the shelter in order to resolve it.
Mr. Longoria asked about the format for the evaluation of the City Manager. City Secretary
Chapa said there are forms available and the Council can use them as a basis for discussion or they
can fill them out and turn them in, at which point they will become public record. He added that in
the past, the Council has used both formats. Mr. Chapa said they will send evaluation forms to each
Council member next week.
Ms. Cooper congratulated staff on the opening of the new fire station on Rodd Field Road,
and she noted that Harbor Lights will be held December 4th.
Mr. Colmenero said the roof of the model railroad club on Louisiana Avenue is leaking, and
he commented on traffic accidents occurring at the intersections of Santa Fe and Del Mar and
Alameda and Santa Fe.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 7:20 p.m. on November 30, 1999.
*************