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HomeMy WebLinkAboutMinutes City Council - 06/13/2000I 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 June 13, 2000, which were approved by the City Council on June 20, 2000. WITNESSETH MY HAND AND SEAL, this 20th day of June, 2000. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 13, 2000 12:12 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Dr. Arnold Gonzales Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott 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 Pastor Jack L. Carter, Church of the King, following which the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. 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 joint meeting with the Crime Control and Prevention District Board of Directors of May 30, 2000. A motion was made and passed to approve the minutes as presented. The Mayor then announced that Item 16 had been withdrawn by the applicant. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Ethics Commission Craig Reynolds C.C. Minority Business Opportunity Steering Committee Richard Pulido C.C. Regional Transportation Authority Rolando Barrera (Reappointed) John Buckley (Reappointed) Vickie Garza (Reappointed) Robert Jones (Reappointed) Stanley Terry Sr. (Reappointed) Animal Control Advisory Committee Dr. Steven Lee (Reappointed) Susan Thiem Gail Hoffman Sister City Committee Yvonne S. Brown Marvin Davis Ann Jaime Raquel Madrigal Tish Walker Minutes - Regular Council Meeting June 13, 2000 Page 2 Mayor Neal called for consideration of the consent agenda (Items 3-15). Council members and audience members requested that Items 7, 9 and 15 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M2000-173 Motion approving a supply agreement with Business Envelopes, Inc., San Antonio, Texas in accordance with Bid Invitation No. BI -0096-00 for approximately 1,285,000 mail -out envelopes and 1,285,000 return envelopes based on best bid, for an estimated annual expenditure of $38,917.98. The term of the agreement 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 are budgeted in FY99-00 by the Utilities Business Office. The foregoing motion passed by the following vote• Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 4. M2000-174 Motion approving a supply agreement for approximately 435 tons of hydrofluorosilicic acid in accordance with Bid Invitation No. BI -0117-00 with PENNCO, Inc. of San Felipe, Texas, based on low bid for an estimated annual expenditure of $62,814. The term of the agreement will be for twelve months with 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. The chemical is used by the Water Department for water supply treatment. Funds are budgeted in FY99-00 by the Water Department. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 5. M2000-175 Motion approving supply agreements for lubricating oils, greases and antifreeze in accordance with Bid Invitation No. BI -0120-00, with the following companies for the following amounts. Awards are based on low bid, for an estimated six-month expenditure of $43,848.95. The term of the agreement shall be for six months with an option to extend for up to four additional six month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by Maintenance Services, Solid Waste Department and the Fire Department for FY99-00. Leyendecker Oil Oil Patch Arnold Oil Co. Cornus Christi. TX Corpus Christi. TX Corpus Christi. TX Groups: 1.0, 4.0, 5.0 Groups: 2.0 and 3.0 Group 7.0 and 6.0 $12,304.15 $29,954.60 $1,590.20 Grand Total: $43,848.95 Minutes - Regular Council Meeting June 13, 2000 Page 3 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 6. M2000-176 Motion approving a supply agreement with Mody K. Boatright, P.E., Corpus Christi, Texas for asbestos testing in approximately 90 private and public structures in accordance with Bid Invitation No. BI -0105-00, based on low bid for an estimated annual expenditure of $17,790. The term of the contract will 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 in FY99-00 by the Housing and Community Development Department. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 8. M2000-178 Motion approving the purchase of 32 radios with chargers, belt clips and rings from ComNet Ericsson, Ingleside, Texas, for the total amount of $75,875.68. The award is based on sole source and will be used by the Police Department. Funds are provided through the Crime Control and Prevention District. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 10. M2000-180 Motion authorizing the City Manager or his designee to execute Change Order No. 5 in the amount of $128,900 with Chief Contracting Inc. of Houston, TX for the Allison/Broadway/ Greenwood/Oso Basins: 15" Diameter and Larger Sewer Line Cleaning project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 11. M2000-181 Motion authorizing the City Manager or his designee to execute a construction contract with Mitchells Unlimited for a total fee not to exceed $55,250 for the O.N. Stevens Water Treatment Plant Primary and Secondary Basins No. 3 and 4 Flocculator Equipment Rehabilitation project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Minutes - Regular Council Meeting June 13, 2000 Page 4 12.a. ORDINANCE NO. 024054 Ordinance appropriating $30,405.77 from Barclay Grove Units 4 and 5 developer contribution to Drainage Channel No. 31 in the No. 6010 Drainage Channel 31 Trust Fund; amending Ordinance No. 023702 which appropriated the Trust Funds, by adding $30,405.77 to the No. 6010 Drainage Channel 31 Trust Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 12.b. M2000-182 Motion approving payment of $30,405.77 developer's contribution from Barclay Grove Units 4 and 5 from the No. 6010 Drainage Channel 31 Trust Fund to Mark Bratton Trustee, for disbursement to the appropriate funding owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Christi and Trustee. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 13. ORDINANCE NO. 024055 Ordinance appropriating $11,985.81 from Brighton Village Unit 8A developer's contribution to Drainage Channel No. 31 in the No. 6010 Drainage Channel 31 Trust Fund; amending Ordinance No. 023702 which appropriated the Trust Funds, by adding $11,985.81 to the No. 6010 Drainage Channel 31 Trust Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 14. ORDINANCE NO. 024056 Ordinance authorizing the City Manager or his designee to execute a use privilege agreement with HEB Grocery Company for the right to install and maintain aerial communications cables across the McCampbell Road street right-of-way, to provide communication link between the HEB facilities on the west and east sides of McCampbell Road; establishing a fee of$310. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Minutes - Regular Council Meeting June 13, 2000 Page 5 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, purchase of library book bags. Responding to Council Member Scott, Mr. Michael Barrera, Director of Materials Management, said that if a company meets all of the city's specifications, the city is required to award to the company with the low bid. City Secretary Chapa polled the Council for their votes as follows: 7. M2000-177 Motion approving the purchase of 54,000 vinyl library book bags from Continental Superbag LLC, Cedar Grove, New Jersey, in the amount of $15,380 based on low bid in accordance with Bid Invitation No. BI -0121-00. The bags will be distributed by the South Texas Library System (STLS). Funds are available through an Library Systems Act Grant. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, ADA compliance. Mr. Abel Alonzo, 1701 Thames, said he began working with the city's ADA coordinator 10 years ago on a five-year plan to comply with ADA requirements. He said he told the Council at that time that the plan was insignificant because there was no funding behind it. Mr. Alonzo said it would cost much more to deal with litigation, and he described the difficulties faced by persons with disabilities as they attempt to become more mobile. He asked that senior staff work with disabled persons to develop another five-year plan. Mayor Neal said Mr. Alonzo raised some very valid points and he noted that there were some ADA items in the upcoming bond election. City Secretary Chapa polled the Council for their votes: 9. M2000-179 Motion authorizing the City Manager or his designee to execute an engineering contract in the amount of $31,956 with Martinez, Guy & Maybik for ADA compliance -curb ramp improvements at the following sites: a) Old Robstown Road between Leopard Street and Russell Drive; b) Ayers Street between Alameda/Staples and Port Avenue; c) Southgate Street within La Armada Housing Project; d) City's Health Clinic located at 5805 Williams Drive. 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 15, supplemental police services for the Housing Minutes - Regular Council Meeting June 13, 2000 Page 6 Authority. Responding to Council Member Gonzales, City Manager Garcia said the full cost of this item is being paid by the Housing Authority. Ms. Pat Eldridge, Management Assistant at the Police Department, said there is a policy that addresses the amount of hours officers work on this assignment in addition to their regular duties. Council Member Garrett asked if the officers were supervised by the Police Department, and Ms. Eldridge replied that they were. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 024057 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 Corpus Christi Police Department to provide supplemental police services to the Authority on a voluntary overtime basis, for a period of twelve months and not to exceed $125,176, to improve the efficiency and productivity of governmental resources. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * 16. WITHDRAWN ************* Mayor Neal opened discussion on Item 18, Wesley Seale Dam spillway stabilization project. Mr. Angel Escobar, Director of Engineering Services, pointed out that this is the construction portion of the work on the spillway chute; the engineering contract was approved by the Council on May 30, 2000. He added that an itemized budget for the whole project was included in the support material for this item. He said after this change order, the balance will be $3,925,807.90. Dr. Ron Waters of Freese & Nichols gave a computer presentation to further describe the work on the spillway chute and associated repairs. Dr. Waters and Mr. Escobar responded to Council members' questions. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18. M2000-183 Motion authorizing the City Manager or his designee to execute Change Order No. 4 in the amount of $1,812,870.75 with ASI -RCC Inc., of Buena Vista, Colorado, for the Wesley Minutes - Regular Council Meeting June 13, 2000 Page 7 Seale Dam spillway stabilization project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, Community Youth Development programs Mr. Tony Cisneros, Director of Park and Recreation, explained that in 1997 the city entered into a contract with the Texas Department of Protective and Regulatory Services (TDPRS) whereby the city would serve as the fiscal agent for the 78415 CYD program. He noted that a few months ago, the state issued an opinion regarding possible conflicts of interest of steering committee members, which resulted in the city having to appoint seven new members to the nine -member board. They in turn had very little time to process the grant applications. Council Member John Longoria said the Council should have been previously informed that any changes to the steering committee's recommendation by the fiscal agent (the city) will cancel any contract with TDPRS for CYD program funds for the upcoming fiscal year. He added that the proposals must be delivered to TDPRS by June 16th, which means the Council cannot send the recommendations back to the steering committee. Mr. Longoria said there is nothing wrong with the city acting as the fiscal agent but they should have been able to set parameters, such as stating that applicants cannot request more than $150,000. City Manager Garcia stated that a fiscal agent is not a program or policy agent. He said part of the concern is that the Council is used to having a different role in this process than the role it has with this particular program, in which the city is basically the accountants. Mayor Neal asked if the wording referred to by Mr. Longoria regarding not changing the recommendations was included in previous contracts. Ms. Sylvia Martinez, Superintendent of Support Services, said there is no change in the contract --it is renewed every year with the same terms. She said TDPRS wants the grassroots committee to determine how the funds should be spent and they do not want the fiscal agent to have any authority over that process. Responding to Council Member Kinnison, Ms. Martinez said the steering committee decides the process of determining which projects to fund. She said they plan to review the process itself because they were not satisfied with it, but they only had a short time to select the grant recipients. Council Member Colmenero said the Council needs clarification about the terms of the contract. Council Member Scott asked if staff worked with the applicants to assist them in improving their applications if they did not receive funding this year; Ms. Martinez said they do. Mr. Longoria asked city staff to meet with the steering committee about the possibility of establishing a cap on funding for future funding cycles. Ms. Martinez noted that there is one more funding year next year. Council Member Gonzales asked if staff could discuss the Council's Minutes - Regular Council Meeting June 13, 2000 Page 8 concerns with TDPRS, and Ms. Martinez said they could. Mr. Abel Alonzo said he and others have told the Council that a conflict of interest existed with this program. He expressed concem that only four organizations received funding and that the contract fees totaled $89,531 for just four contracts. He said the Park and Recreation Department had no business receiving funds and he criticized the award to Communities in Schools Inc. in the amount of $333,355. Mr. Longoria requested more information on the Housing Authority's proposal and specific aspects of the contract, including the contract fees. He also reiterated that the process was rushed. City Secretary Chapa polled the Council for their votes as follows: 19. M2000-184 Motion approving the submission of FY00-01 Community Youth Development Programs in the amount of $500,000 to the Texas Department of Protective and Regulatory Services as recommended by the Community Youth Development Steering Committee. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. ********** Mayor Neal opened discussion on Item 20, traffic signal change out program. There were no comments from the audience. Ms. Barbara Stover, Director of Street Services, said that currently the city's traffic signal system uses incandescent lamps which usually last about 18 months, and the energy cost is about $200,000 per year. She said the proposed LED -based signals use 12 watts of energy and they have a guaranteed life of seven years, although they are expected to last up to 10 years. In addition, energy costs are expected to be about $21,000. She then explained the detail project application process through CPL's incentive program. She noted that over 10 years the savings is expected to be approximately $770,000 by converting to the LED signals. City Secretary Chapa polled the Council for their votes as follows: 20. M2000-185 Motion authorizing the City Manager or his designee to submit a detail project application for Central Power and Light's Non -Residential Standard Performance Contract (SPC) program for an LED traffic signal changeout program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, and J. Longoria voting "Aye"; Kinnison and Scott absent. Minutes - Regular Council Meeting June 13, 2000 Page 9 Mayor Neal called for a brief recess. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Joe Dees, owner of Statewide Wrecker Service and President of Corpus Christi Wrecker Association, said that local tow trucks have not had a rate increase since 1993 although they have all experienced significant increases in fuel, insurance, equipment, salaries, property taxes, etc. He said they are also seeking changes to the ordinance to bring it in line with state law. City Manager Garcia said staff met with Mr. Dees about his concerns and staff conducted a survey of the rates that other cities are charging for towing services. They concluded that Corpus Christi's rates are in line with those of other communities in the state. In addition, it was determined that they should let fuel prices stabilize themselves before permanently adjusting rates. He said they informed the Council and members of the towing industry that they will reevaluate rates probably at the end of summer. Mr. Phil Rosenstein said an editorial in the local newspaper said the Council needs to regain the trust and respect of the public, which is not done by going to the media regarding being in favor of lifting the tax cap. He also commented that citizens expect to be treated with respect in public. Mr. Jack Gordy, 310 Norton St., said there are several political signs that have been up since March although the election is long over. He said state laws provides for a fine of $1,000 per day for illegal political signs. He also said that on August 20, 1999 the City Attorney sent a letter to the Mayor and Council members regarding their car allowance and registering their cars with the Appraisal District. He said only one Council member has his car listed with the Appraisal District. Mr. Isaac Valencia said when the Crime Control and Prevention District was created through the voters' approval, it was based on the promise of hiring 50 police officers, not 40 as is now being recommended. Council Member Kinnison said that in order to pay for the 50 officers with available revenues, it would entail cutting essentially all of the other programs and support personnel. Mr. Valencia said he thought there were other options, such as reviewing the telecommunications portion of the tax that was waived. Mr. J.E. O'Brien, 4130 Pompano, referred to a comment made by the Deputy City Manager during the last Council meeting. Mr. O'Brien said that a Charter issue is a legal issue. He said as the Council begins its budget process, past habits of overspending must be drastically curtailed. Mr. Abel Alonzo said it was unclear whether Mr. Valencia was representing the Police Officers Association (of which he is the president) or the Crime Control and Prevention District Board of Directors (of which he is the vice-president). Mr. Alonzo said he does not agree with the crime district board but the majority rules. He also referred to the RTA Board, saying that once the members are appointed they serve independently. He added that very little has been accomplished in the last 10 years regarding ADA compliance. Minutes - Regular Council Meeting June 13, 2000 Page 10 Mr. Jose Marroquin, 2433 Allencrest, said he objects to removing the tax cap. He said property taxes, sales taxes and utilities have continued to increase. He said the city is spending more each year although it has fewer employees. Mr. Leon Perez said 150 -pound garbage cans will not work. He added that the city has too many city managers. Mr. Garcia pointed out that the city has an automated collection pilot program which utilizes 96 -gallon containers; in addition, there is only one city manager. Mr. Foster Edwards, 118 Alta Plaza, said that if the price of housing is adjusted for inflation, it would indicate zero growth in the community. He said an economist recently pointed out that Corpus Christi's job growth rate is far behind the rest of the state. He presented petitions with about 400 signatures in support of Packery Channel and the tax increment financing (TIF) district. Mr. Garcia said it will be the Council's decision whether or not to establish the TIF. * * * * * * * * * * * * * Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the proposed FY00-01 Corpus Christi Crime Control & Prevention District budget. Police Commander Bryan Smith, Coordinator of the Crime Control District, said the FY 2000-01 budget contains no reduction or elimination of programs. He said the future proposed reductions that were discussed during the Council's joint meeting with the crime control board on May 30, 2000 are not a part of this package. Mr. Rudy Garza, Acting Budget Director, said the crime control district budget's beginning fund balance is $3.1 million and total available funds are estimated at $6.7 million. Expenditures are estimated to be $3 9 million which should result in an ending balance of $2.8 million. Council Member Kinnison reiterated that the Council and the crime control district board had discussed possible reductions in future district budgets, and he wondered when those recommendations would be brought back to the Council. City Manager Garcia said one of the key issues was the revenue shortfalls that have occurred in the crime control district, and there are some options that Cmdr. Smith and Mr. Tom Utter, Assistant City Manager for Development Services, will explore in more depth, such as the telecommunications exemption and legislative issues. Cmdr. Smith said they are taking interim steps at this time to ensure that the district is not financially strapped at the end of the 2000-01 fiscal year. For example, he said there will be no growth in the juvenile assessment center's operation until the revenue issue is resolved. Also, the district board voted 7-1 to approve Option 1 as the budget philosophy to be followed in future years. He said that Option 1, which was presented to the Council during the joint meeting May 30th, involves the reduction of 10 police officers, six dispatchers, and three technicians, and eliminating the school partnership program. He said the idea is to slowly pare down the program so that expenditures match revenues by the end of the fifth year to allow for a smooth transition into the sixth year, instead of the $1.4 million deficit expected in Year 6 with the current level of spending. Minutes - Regular Council Meeting June 13, 2000 Page 11 Responding to Council Member Scott, Cmdr. Smith said the crime control district can begin making reductions as attrition occurs throughout the next fiscal year. In addition, more long-term changes can be adopted through the budget process for FY 2001-02. Council Member Gonzales said the promise of 50 additional police officers was the primary impetus in getting the crime control district approved --everything else was secondary. Responding to a question from Dr. Gonzales, Cmdr. Smith said that currently there are 30 additional police officers on the street as a result of the crime control district and 10 more are scheduled to graduate from the police academy in July 2000. He further explained the impact of hiring the full complement of 50 police officers. He commented that when the crime control plan was brought to the voters, it also included a plan to deal with juvenile crime in the initial phases, which is reflected in truancy and curfew violations. He said the juvenile assessment center focuses on addressing and trying to correct those violations. Responding to Council Member Colmenero, Cmdr. Smith explained how both the juvenile assessment center and the Gulf Coast Council of La Raza's runaway shelter operate, as well as other functions of the district, such as the pawn shop detail. In reply to Council Member John Longoria, Cmdr. Smith said the election date to renew the crime control district is in November 2002 and the last 10 officers would go through the police academy in August 2001. He said if the district is not renewed, the city's General Fund would not be able to absorb $3 million to $4 million in expenditures. As a result, they could face the possibility of firing people at the end of the five-year period. He said once those last 10 officers are hired, the city is committed to pay for them, which means other cuts will have to be made. Cmdr. Smith added that they are pursuing other funding options, such as seeking grants to fill the officer positions at the juvenile assessment center. Mr. Longoria discussed the cost per client at the assessment center as well as establishing strong relationships with the school districts. A brief discussion ensued. Council Member Garrett asked if the city has hired support personnel for the 40 officers through the crime control district, and Cmdr. Smith said they did, but there is not a set formula. Mr. Garrett also asked how drunk juveniles are processed, which Cmdr. Smith explained. Council Member Betty Jean Longoria discussed the successes of the directed patrol officers. Mayor Neal called for comments from the audience. Dr. Maria Luisa Garza, CEO of the Gulf Coast Council of La Raza, said a few weeks ago she was asked to make a proposal about what it would cost for La Ram to provide the same services as the juvenile assessment center. She said that over 50% of the assessment center's clients also receive services at La Raza. She described how the runaway shelter operates, including the counseling that is provided to both the young people and their families. Mr. Abel Alonzo expressed concern about the cost of the juvenile assessment center and he said the promise was for 50 police officers. He also commented that Dr. Garza's staff provides positive role models to their clients. Minutes - Regular Council Meeting June 13, 2000 Page 12 Mr. Isaac Valencia said he cast the single dissenting vote when the crime control board approved Option 1 of the budget philosophies. He said he was speaking as vice-president of the board and as a tax payer. He questioned the justification for the juvenile assessment center, particularly with regard to recidivism. He said Dr. Garza's proposal should be considered. Mr. Ricardo Gonzalez said Cmdr. Smith approached Dr. Garza about submitting a proposal, which she did. He said people need to understand the seven programs that the shelter provides, of which he spoke in favor. Mr. Jack Gordy said a young man he knows missed 94 days of school and not one truancy officer ever spoke to the young man. He said the assessment center was needed. Mayor Neal said the truancy officers work for the school district. Mr. J.E. O'Brien said the Council is aware that the crime control district will experience a revenue shortfall and the board has adopted a policy to approve certain cuts and revisions in the budget. He said the Council intends to approve a budget without any cuts or revisions, which he said is basically approving a phony budget. Ms. Robin West, vice president of the Coastal Bend Alliance for Youth, said that organization was the initiator of the Truancy Reduction Impact Program (TRIP). She discussed how the TRIP center was developed through the cooperation of several community members and she discussed the importance of the runaway shelter and the assessment center. Mr. Longoria discussed the numbers of youth who have been processed through the juvenile assessment center, and he added that there were no case managers when the center first opened. Cmdr. Smith discussed the difference between the counseling and assessment functions. Mr. Longoria also commented about how Dr. Garza is familiar with the backgrounds of the youth the runaway shelter assists. Mr. Scott made a motion to close the public hearing, seconded by Mrs. Longoria, and passed. Mayor Neal called for a brief recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 21, sale of compressed natural gas (CNG). Ms. Debbie Marroquin, Gas Superintendent, gave a computer presentation on this item. She explained that CNG is a clean -burning motor fuel and it offers a new revenue stream for the Corpus Christi Gas Department. She discussed the prices of CNG for vehicle fuel under both wholesale (more than 10 vehicles) and retail sales. The prices consist of the following: compression charge, distribution charge, commodity charge, federal tax, and state tax. She said initial users will be the U.S. Post Office, Navy, and the city's natural gas vehicles. She said the benefits of CNG are fuel cost savings, reduced maintenance costs, and environmental compatibility. Minutes - Regular Council Meeting June 13, 2000 Page 13 Council Member Garrett said a previous attempt to use CNG in police cars failed, and Ms. Marroquin replied that the technology has been greatly improved since that time. Council Member Betty Jean Longoria asked which city departments have natural gas vehicles. Ms. Marroquin said they are at Gas, Water, Wastewater, Health, and Street departments. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. FIRST READING ORDINANCE Amending the City Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding compressed natural gas rates. 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 22, builders incentive package. Ms. Marroquin again used a computer presentation to discuss the three rebate programs the Gas Department offers: builders incentive package, revised current rebate program, and compressed natural gas fuel credits. She also responded to Council members' questions on specific aspects of the rebate programs Mr. Jim Davis, Fleet Management Superintendent, discussed the life of city vehicles, such as police vehicles. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. FIRST READING ORDINANCE Amending the City Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding the establishment of a Builder's Incentive Program to promote the installation of natural gas powered equipment throughout the City. 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, lease with Austin Express Inc. He called for comments from the audience. Mr. Abel Alonzo said he and other members of the Airport Board have been pleased with the efforts of Ms. Bonnie Allin, Aviation Director. He said she has been appointed as treasurer/secretary of the American Association of Airport Executives. Council Member John Longoria asked if people would be responsible for their own tickets Minutes - Regular Council Meeting June 13, 2000 Page 14 if the airline discontinued operations, and Ms. Allin said they would be as with any other airline. City Secretary Chapa polled the Council for their votes as follows: 23.a. ORDINANCE NO. 024058 Ordinance authorizing the City Manager or his designee to execute a lease with a term of up to eleven months with Austin Express, Inc. for ticket counter space, office space, gate space, aircraft parking apron space, and joint use of the baggage claim space and other common areas at Corpus Christi International Airport in consideration of payment of fees that total approximately $4.59 per enplaned passenger and that are adjusted annually based on a fixed formula. 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." 23.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute approximately an eighteen month lease ending December 31, 2001 with Austin Express, Inc., for ticket counter space, office space, gate space, aircraft parking apron space, and joint use of the baggage claim space and other common areas at Corpus Christi International Airport in consideration of payment fees that total approximately $4.59 per enplaned passenger and that are adjusted annually based on a fixed formula. 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 24, Federal Aviation Administration grant. There were no comments from the audience. Responding to Council Member Gonzales, Ms. Allin said this grant is strictly for the terminal; the tower construction is being funded solely by the FAA through its operating budget. City Secretary Chapa polled the Council for their votes as follows: 24.a. RESOLUTION NO. 024059 Resolution authorizing the City Manager or his designee to accept the Federal Aviation Administration Multi -Year Grant Number 3-48-0051-28-00 (estimated total $6,449,476) to modify the terminal building. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Regular Council Meeting June 13, 2000 Page 15 24.b. ORDINANCE NO. 024060 Ordinance appropriating $3,215,524 from Federal Aviation Administration Grant No. 3-48- 0051-28-00 in the No. 3020 Airport Capital Improvement Fund to modify the terminal building 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 25, amendments to the Solid Waste Services ordinance. City Manager Garcia said this proposal is a comprehensive revision of the way solid waste is handled in the city. Mr. Lawrence Mikolajczyk, Acting Director of Solid Waste Services, introduced other staff members: Ms. Estela Garcia, Collections Superintendent; Mr. Tony Benavides, Brush Superintendent; and Mr. Jay Reining, Assistant City Attorney. Using a computer presentation, he described the proposed ordinance revisions, which are intended to support a clean city and clean neighborhoods, provide for effective and efficient solid waste programs, and maximize a positive environmental impact. Mr. Mikolajczyk said the ordinance authorizes the current recycling program; provides enforcement authority; removes debris and bulky items from brush collection; includes changes in fees; and authorizes the automated garbage collection program. The proposed changes in fees include: a new fee for non-scheduled brush, wood waste and bulky item collection service (minimum of $48 up to $200); new $5 surcharge for each tire collected; new $10 surcharge for setting out debris with heavy brush during non -collection periods; increases the additional brush load collection fee from $32 to $48 per load; increases fees to reinstate an overdue account from $1 to $10 and from $10 to $50 for removal of accumulated garbage; and provides for criminal penalties of up to $2,000 per day per violation of the solid waste ordinance. Mr. Mikolajczyk then discussed the proposed residential customer services and their schedules. He noted that garbage will be collected twice a week and yard waste will be collected every other week on Wednesdays. Recyclables will also be collected every other week, in addition to the presence of recycling drop-off collection centers, which are open daily from 7 a.m.-7 p.m. Heavy brush and clean wood waste will be collected monthly from December through March and every 11/2 months from April through November. Bulky items will be collected twice a year (in April and October). Non-scheduled brush, wood waste, debris, and bulky items can also be collected within 24 hours of a customer's call for a set fee. Mr. Mikolajczyk and staff members also responded to Council members' questions about the proposals. Other solid waste services include: "Litter Critter" residential clean up program on an Minutes - Regular Council Meeting June 13, 2000 Page 16 ongoing basis; household hazardous waste program held quarterly on the third Saturday in January, May, August, and November; "Cash for Trash" public clean up program held every other month; residential construction materials free disposal day held on the first Saturday of each month; and residential free disposal daily at the Elliott Landfill. Mr. Mikolajczyk discussed the 10 brush collection cycles (including two bulky item collections), and he noted that the ordinance's effective date is August 1, 2000 with a grace period of August 1, 2000 through January 1, 2001. Mr. Mikolajczyk said the proposal includes a residential collection fee increase of 9 cents per month, which provides 12 monthly free disposal access days at the landfill for residential construction materials, and 305 daily free disposal access days at the landfill for residential non - construction materials. He said the base service fee of $11.51 per month provides for 161 residential service passes consisting of the following number of pick-ups per year: 104 for garbage, 26 for recycling, 21 for light brush, and 10 for heavy brush. Mayor Neal called for comments from the audience. Mr. S.M. Cowley said he has been waiting 10 years for the proposed changes to the ordinance, particularly regarding heavy brush. He said it is important to have penalties attached to the ordinance. Ms. Daiquiri Richard, Executive Director of Beautify Corpus Christi Association, said they support the proposed changes and all of Solid Waste Services' efforts. City Secretary Chapa polled the Council for their votes as follows: 25.a. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 1, General Provisions, Chapter 12, Boats, Bays and Waterways, Chapter 21, Garbage, Trash, and other Refuse, Chapter 49, Streets and Sidewalks, regarding Solid Waste Services, the disposal of garbage, trash and other refuse, and the control of litter including increases in fees; providing for penalties, and providing for an effective date of August 1, 2000. 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." 25.b. FIRST READING ORDINANCE Amending Section 21-40 of the Code of Ordinances, City of Corpus Christi, regarding charges for solid waste collection services. 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." Minutes - Regular Council Meeting June 13, 2000 Page 17 Mayor Neal recessed the regular Council meeting for the meeting of the Corpus Christi Community Improvement Corporation. * * * * * * * * * * * * * Mayor Neal opened discussion on Item M, an overview of the FY 2000-01 budget, including General Fund revenue assumptions, expenditures and fund balance. City Manager Garcia explained that over the next several weeks staff will spend a substantial amount of time reviewing the expenditures for each of the departments. He said the budget that was delivered to the Council two weeks ago includes revenues which exceed expenditures, even though the revenues themselves reflect a growth rate of only about 1.4%. Mr. Garcia also noted that the budget takes a major step toward establishing the fund balance reserves and implements the multi- year budget plan. He said this budget involves about $6 million worth of reductions and took much time and effort to prepare by all the city departments. Utilizing a computer presentation, Mr. Garza said total revenues are estimated to be $127.42 million for FY00-01. The major revenues consist of the following: property tax -$35.37 million (28%); sales tax -$31.64 million (25%); other revenues -$19.85 million (16%); solid waste -$19.63 million (15%); franchises -$15.86 million (12%); and industrial district -$5.07 million (4%). Mr. Garcia, Mr. Garza, Mr. Noe and Mr. Jorge Cruz-Aedo, Director of Finance, then responded to Council members' questions. Mr. Garza described the assumptions that were used in estimating the property tax and sales tax revenues. He said the total 2000 property tax rate is $2.944042 and is divided as follows: CCISD- 50.95%; City of Corpus Christi -21.19%; Del Mar -19.53%; Nueces County -7.49%; and Port of Corpus Christi Authority -0.84%. With regard to sales tax revenues, Mr. Cruz-Aedo pointed out that the cities along the I-35 corridor are experiencing robust sales tax revenues while along the Gulf Coast they have been flat. Mr. Garza also further described the other revenue sources --franchise, solid waste, industrial district, and other major revenues. A discussion ensued about how the city's solid waste revenues may be affected by other regional landfills and the use of flow control within the city limits. Staff also responded to Council's questions regarding industrial district revenues. Other major revenues in the General Fund consist of the following: Municipal Court fines, $3.5 million; building permits, $1.3 million; recreation services, $2.1 million; and public safety, $2.2 million. New revenues and rates include a child safety fee; certified mail recovery fee; vehicle impound storage fee increase; Latchkey fee increase; and dead animal pick-up fee. Mr. Garza discussed revenue alternatives that are available but are not being recommended by staff at this time: general fee increase of 5%; property tax rate increase; industrial district contract revenues; and a street use fee. He also explained property tax issues and limitations regarding the effective tax rate, the roll back rate, and the tax cap. A discussion followed. Minutes - Regular Council Meeting June 13, 2000 Page 18 Mayor Neal called for a brief recess. Upon reconvening, the next issue to be discussed was expenditures. Mr. Garza said that for FY00-01 expenditures are estimated to total $125.12 million, a 1.22% decrease from FY99-00. Major expenditures for FY00-01 are as follows: public safety -51%; solid waste -13%; general government -9%; park and recreation -8%; street services -7%; development services -5%; health services -3%; library -2%; and non -departmental -2%. Mr. Garza said that in preparing the target budgets, departments used a balanced budget approach by determining current revenues available, funding scheduled obligations (such as debt service, lease payments, and internal service allocations), and funding reserves as planned in the financial policy. He said that with the exception of Police, departments were required to reduce their net operating budgets by 11.03% from the FY99-00 adopted net operating budget. Reductions totaled $6 million, which included the elimination of 130 positions (61 filled and 69 vacant). Ms. Cynthia Garcia, Director of Human Resources, explained that since the budget submitted to the Council includes a reduction in force (RIF), the city is obligated to begin notifying its employees that certain positions will be affected as of August 1s` if the Council accepts staff's recommendations. She said that after applying the RIF policy, 23 employees were placed in vacant positions with the same title and grade; 12 were placed in a different title in the same grade; five were placed in a different title in a lower grade without loss of pay; seven were placed in different titles at lower grade levels with a loss of pay due; and seven employees were unable to be placed in vacant positions, but the city will make every effort to place them as soon as vacancies come available. A decision involving two employees in the executive pay plan has not yet been made. A discussion followed and the City Manager and Human Resources Director responded to questions. Mr. Garza explained the portion of the budget pertaining to the financial policy. He noted that fund balance reserves are critical to providing financial security and long-term stability to the city. He said the financial policy establishes a target fund balance to be achieved within five years, which is at least 5% of total annual appropriations. The proposed budget, which includes a fund balance of 3.58%, is the foundation for the multi-year budget plan which will meet the financial policy and provide for current and future operations. Mr. Garza then referred to a summary of the proposed budget, which has a beginning balance of $2.17 million, revenues of $127.42 million, expenditures of $125.12 million, and a closing balance of $4.47 million, or 3.58%. He pointed out that revenues exceed expenditures by about $2.29 million. Mr. Noe discussed the five-year forecast, including the revenue and expenditure assumptions and resulting updated budget forecast figures. He also discussed a five-year forecast with a 3% annual cost of living increase and he responded to Council members' questions. Mr. Garcia briefly described the schedule of upcoming budget discussions. Council Member Gonzales asked staff to provide information on the impact of a 2.9% property tax increase. He said the increased revenue --approximately $2.1 million --will save jobs now and in the future and will help the city with its bond rating. He said he agrees that the budget needs Minutes - Regular Council Meeting June 13, 2000 Page 19 to be trimmed but he added that it is not time to back off on tourism, garbage collection, fire or police protection. Mayor Neal made a motion that the Council adopt a closing fund balance for FY 00-01 in accordance with the projected plan of not less than $4.5 million. The motion was seconded by Council Member Scott. Following a brief discussion, the motion passed unanimously. Council Member Kinnison said that while some revenue projections may be overestimated and others may be underestimated, the overall figure of approximately $127.42 million was basically sound. Council Member Colmenero expressed concern about the solid waste services revenue projections, particularly regarding the new landfill. A discussion followed about possible effects of the new landfill on both the expenditures and revenues. Mayor Neal said the intention that day was to reach agreement on the minimum revenue ($127.4 million) and closing fund balance ($4.5 million) figures in order to frame the budget debate for the rest of the budget process. He noted that they were not yet discussing staff's recommended budget cuts. Mr. Kinnison asked Mr. Garcia how he intended to respond to Dr. Gonzales' request for information about a possible 2.9% property tax increase. Mr. Garcia replied that staff would prepare a series of scenarios of how that additional revenue could be spent depending on different policy priorities. Mr. Kinnison said some of them have indicated they will not vote for any type of tax increase or street user fee. A discussion ensued. Mr. Colmenero made a motion that the Council adopt a minimum of $127.4 million in revenues for FY00-01; seconded by Mrs. Longoria. The motion passed unanimously. * * * * * * * * * * * * * Mayor Neal announced the following executive sessions: 27. Executive session pursuant to Texas Government Code Section 551.071 regarding William Goodson v. City of Corpus Christi et al, No. C-97-269, United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. 28. Executive session pursuant to Texas Government Code Section 551.071 regarding Robert Salyer v. City of Corpus Christi, No. 99-61580-2, County Court at Law No. 2, Nueces County, Texas, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal made the following motions, which were seconded by Council Member Cooper: 27. M2000-186 Motion authorizing the City Manager to execute a settlement agreement with William W. Minutes - Regular Council Meeting June 13, 2000 Page 20 Goodson in the case of William W. Goodson v. City of Corpus Christi et al, No. C-97-269, United States District Court, Southern District of Texas, Corpus Christi Division, for $117,000 in accordance with the agreement negotiated by the City's attorneys. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 28. M2000-187 Motion authorizing the City Manager to execute a settlement agreement with Robert Salyer in the case of Robert Salyer v. City of Corpus Christi, No. 99-61580-2, County Court at Law No. 2, Nueces County, Texas, for $91,090 in accordance with the agreement negotiated by the City's attorneys. 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 TXDOT neighborhood meeting on the Spur 3, Phase 2 project will be held June 15th at Texas A&M University -Corpus Christi. He said there is also an ozone awareness briefing that will be given by TNRCC Commissioner Ralph Marquez at the Corpus Christi Art Center on June 15th. He said the June 20th Council meeting will include the following: second budget presentation, analysis of RTA contributions, graffiti wipe-out program, and an overview of the July 4th "Big Bang" celebration. He added that some items have been moved to September: seafood market discussion, marina development plan, and the Durrill amphitheater. He noted that the Council would not be meeting for three weeks in August. Mr. Chapa said the crime control budget will be approved on June 20th. Mayor Neal called for Council concerns and reports. Mrs. Longoria said she serves on the National League of Cities Human Development Committee, which held a meeting in Corpus Christi last weekend. She thanked Ms. Mary Juarez and Ms. Susan Cable for assisting her with that meeting. She also thanked those who attended various events during the meeting, including Council Members Cooper and Gonzales, Mr. Garcia, Mr. Noe, and Mr. Utter. Dr. Gonzales thanked the Downtown Management District for their efforts during the East- West Power Boat Shoot -Out last weekend on the bayfront. He also asked if the Calallen and Moody baseball teams would be recognized at an upcoming Council meeting; Mayor Neal said they would. Mr. Garrett forwarded a letter to Mr. Garcia from the Good Samaritan Mission. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 8:37 p.m. on June 13, 2000.