HomeMy WebLinkAboutMinutes City Council - 01/22/2002I 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 January 22, 2002, which were approved
by the City Council on January 29, 2002.
WITNESSETH MY HAND AND SEAL, this 29th day of January 2002.
SEAL
Armando Chapa
City Secretary
11
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 22, 2002
2:00 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Brent Chesney
Council Members:
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
ABSENT
John 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 Parry
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation
was delivered by Rev. Harold E. Palmer Jr. and the Pledge of Allegiance to the United States flag
was led by Council Member Noyola. 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 joint and regular Council meetings
of January 15, 2002. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal referred to Item 2 and the following board appointment was made:
Civil Service Board/Commission
Aurelio "Ray" Valdez
*************
Mayor Neal deviated from the regular agenda and opened discussion on Item 10,
neighborhood improvement efforts by the Moody High School Civic -Minded Students. Mr. Danny
Noyola, Moody government teacher and sponsor of that organization, explained that the students had
presented information to the Council on November 13, 2001, and the Council had indicated its
interest in passing a resolution supporting their efforts.
Ms. Crystal Chavez reviewed the activities of the Moody Civic -Minded Students, which
included the Moody community convention in October 2000. At that event, the Moody community
preamble and slogan were established. The students also organized a voter education and registration
project and authored a declaration of interdependence, which focused on a world-class health/science
academy, police substation, street and drainage improvements, and partnerships between businesses,
Minutes - Regular Council Meeting
January 22, 2002
Page 2
education centers, and social service agencies. The students produced a video demonstrating the need
for improvements in the Sunnybrook and Manshiem areas, which received a CDBG grant for design
of that project. Ms. Chavez said that on September 7, 2001, a new document called the "Declaration
of Improvement" was presented to the Moody and city-wide PTA organizations.
Ms. Audree Arias said this school year the Moody Civic -Minded Students researched
neighborhood improvement plans from various cities in an effort to begin a well -structured planning
process for the westside community. She said they would like to conduct a neighborhood
improvement planning convention for the areas of Cunningham, Martin and South Park middle
schools. She said they hope to establish a web site to keep citizens informed about how they can
contribute to the process.
City Secretary Chapa polled the Council for their votes as follows:
10. RESOLUTION NO. 024741
Resolution expressing the City Council's support for the Foy H. Moody High School
students' efforts to promote neighborhood improvement.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 3-7). Council members
requested that Item 5 be discussed. There were no comments from the audience. City Secretary
Chapa noted that Item 7.b. needed to be amended. He then polled the Council for their votes:
3. M2002-030
Motion authorizing the City Manager or his designee to execute an amendment to an
engineering services agreement with BHP Engineering and Construction Inc. in the amount
of $95,565 for the O.N. Stevens Water Treatment Plant chemical storage and feed system
addition and upgrade, Part 2.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
4. ORDINANCE NO. 024735
Ordinance approving $3,490.04 (from James A. Dodson and Karen K. Dodson) as
developer's contribution for in -lieu -of half street construction of a portion of cul-de-sac of
University Drive (with supporting public utility infrastructure), as required by development
of Lots 3A and 3B, Block 3, Ocean Drive Addition; and establishing a separate sub -account
Minutes - Regular Council Meeting
January 22, 2002
Page 3
for said half street in the City interest-bearing account in the Infrastructure Trust Fund for
deposit of developer's contribution; and restricting said monies for completion of
"improvements" at time of platting and development of properties directly adjacent to and
abutting the secured "improvement" opposite Lots 3A & 3B, Block 3, Ocean Drive Addition.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
6.a. M2002-032
Motion to amend ordinance prior to second reading by deleting Section 3 which states that
the ordinance would not be effective until the General Land Office approves such.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
6.b. ORDINANCE NO. 024736
Ordinance amending the City of Corpus Christi, Texas, Dune Protection and Beach Access
Plan, an element of the City of Corpus Christi Comprehensive Plan, by revising the
provisions relating to beach user fees.
The foregoing ordinance passed on second reading, as amended, as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
7.a. M2002-033
Motion to amend prior to second reading by deleting the words "operating vessels in surf'
in the caption of the ordinance.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
7.c. ORDINANCE NO. 024738
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses
and Miscellaneous Provisions, regarding curfews on beaches; providing for penalties.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
7.d. ORDINANCE NO. 024739
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 36, Parks,
11
Minutes - Regular Council Meeting
January 22, 2002
Page 4
Recreation, Cultural and Leisure Time Activities, regarding curfews and alcoholic beverages
in gulf beach parks; providing for penalties.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
7.e. ORDINANCE NO. 024740
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 38, Peddlers,
Vendors, Itinerant Merchants and Solicitors, regarding park and beach vendors; providing
for penalties.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 5, Fire Department medical director. Council Member
Garrett said he does not doubt that Dr. Blanchard is qualified for this position and he asked if any
other doctors were interviewed. Fire Chief J.J. Adame replied that they were not. Mr. Garrett said
he is aware of at least one other doctor who is interested in the position of medical director. Chief
Adame said Dr. Blanchard currently serves as the Emergency Department Medical Director for
Christus Spohn-Memorial, which is the trauma facility for the 12 -county region. He said Dr.
Blanchard has emergency room experience and he has demonstrated an interest in the Corpus Christi
Fire Department and EMS Service by accompanying medics in the field. The Chief said he is
confident that Dr. Blanchard will serve the department well.
Council Member Kelly said he was curious as to how Dr. Blanchard was chosen for the
position. He asked what will be expected of him for $30,000 per year. Mr. John Murray, EMS
Director, said that since the city's EMS Department is an advanced life-support provider, it is
required to have medical direction. He said that constitutes developing and approving protocols and
allowing the medics to function under his license. Mr. Kelly said although he does not know if it is
the same man, he recalls seeing an article about a man named Dr. Blanchard who made disparaging
remarks about Corpus Christi residents. He said he thinks other doctors who are interested in the
medical director position should have an opportunity to apply. Mr. Murray said he has worked with
Dr. Blanchard for about two years and the department sends all of its students to Christus Spohn-
Memorial. He said Mr. Kelly's reference does not sound like the Dr. Blanchard that he knows.
Council Member Noyola questioned the process for selecting the medical director. City
Manager Garcia said there is not an established process as there is for selecting architects and
engineers. Rather, for this position they relied not only on the recommendations of the people who
work most closely with him, such as the medics, but also on his experience and reputation in the
community. Mr. Noyola asked if the Corpus Christi Firefighters Association was informed about the
proposal to recommend Dr. Blanchard. Chief Adame replied that all the responses he received were
Minutes - Regular Council Meeting
January 22, 2002
Page 5
favorable. Mr. Garcia added that this position is not competitively bid and staff did not solicit
doctors who wanted to serve for the position. He said this position has very stringent requirements
and there are few people who can meet them.
Council Member Kinnison asked if there was a deadline for selecting the medical director.
Mr. Murray replied that the contract of the current director, Dr. Richard Davis, is due to expire on
January 31, 2002. However, Dr. Davis said he can extend his contract for a period if necessary. Mr.
Kinnison said two of the Council members had concerns and he questioned whether more time was
needed in the selection process. Mr. Noyola said he supports Dr. Blanchard but he was curious about
the process. Responding to Council Member Colmenero, Chief Adame reiterated that he feels
comfortable recommending Dr. Blanchard. Mr. Colmenero said he feels the Council members'
concerns need to be addressed. City Secretary Chapa polled the Council for their votes as follows:
5. M2002-031
Motion authorizing the City Manager or his designee to execute a contract with David E.
Blanchard, D.O., to serve as the Medical Director for the Corpus Christi Fire Department for
a two-year period at an annual rate of $30,000.
The foregoing motion passed, as amended, by the following vote: Neal, Chesney, Colmenero,
Kinnison, Noyola, and Scott voting "Aye"; Garrett and Kelly voting "No"; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 7.b., activity on beaches. City Manager Garcia
explained that currently there is a three-day limit for camping on the beach. He said staff realized
that there are occasions where people will want to camp for longer than three days at a time,
particularly during spring break and during the summer. Therefore, staff was recommending
amending the ordinance to make that change. Council Member Kinnison made a motion to amend
Item 7.b. with the language recommended by staff, seconded by Council Member Colmenero, and
passed. City Secretary Chapa polled the Council for their votes as follows:
7.b. ORDINANCE NO. 024737
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront
Management and Construction, regarding animal control, beach festivals, beach vendors,
bonfires and campfires, camping, glass containers, and traffic control on Gulf of Mexico
beaches; providing for penalties.
The foregoing ordinance passed on second reading, as amended, as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
January 22, 2002
Page 6
Mayor Neal referred to the presentation (Item 8), an update on Solid Waste Services'
automated collection program, municipal solid waste system service charge (MSWSSC), and
permitting process. Mr. Jeffrey Kaplan, Solid Waste Services Director, explained that the automation
program began on November 1, 2001 with 46% of the city receiving automated service. He said
33,928 carts were delivered in three route areas. He said now that the program is fully implemented,
they will be increasing the number of stops per route and reducing the number of routes, which he
explained. He also discussed the manual, ADA, backdoor, and alley routes as well as ways to utilize
the carts in the automated program to their fullest. He said additional carts are available for a fee.
With regard to the permitting process, Mr. Kaplan said that staff has issued a total of 140
permits and the majority of large haulers and self -haulers have complied with the new ordinance.
This year staff intends to enforce the ordinance provisions by citing non -permitted haulers, collecting
unpaid service charges, and auditing questionable accounts. Mr. Kaplan reviewed charts of the total
tonnage at the J.C. Elliott Landfill for BFI, Frontier, C.C. Disposal, and other contracted haulers. He
also discussed a comparison of tonnage for FY 2001-02 and MSWSSC revenue, of which actual
amounts are matching projected amounts.
Mr. Kaplan said when he arrived, the department had a high accident rate and he felt it was
necessary to develop a safety manual for all Solid Waste employees specifically tailored to their
positions. He said that manual will be distributed as each of the employees receive individual
training in the next few months. In addition, SWS staff will continue to review and monitor the
ordinance and the rate fees and finalize the strategic plan. Mayor Neal asked Mr. Kaplan to provide
the Council with quarterly updates.
Council Member Noyola asked why there is a difference in trash pick-up times on a T-shaped
street. Mr. Kaplan explained that due to constraints in the turning diameter of certain streets and cul-
de-sacs, the side -loading vehicle is only able to pick up certain containers; consequently, the rear -
loading vehicle must complete the route. Another explanation is that the carts on the opposite side
of the street are picked up at the end of the driver's route. City Manager Garcia pointed out that Item
9 on the day's agenda is a proposal to allow SWS vehicles to travel against traffic on one-way streets
in order to pick up trash with the side -loading vehicles. Mr. Garcia said staff can provide more
information about the specific street Mr. Noyola was asking about.
Council Member Colmenero said people are beginning to do their spring cleaning and piles
of debris are forming. He asked if staff had thought about using the large trash containers as
recycling containers. Mr. Kaplan said staff can look into possibly using 35 -gallon or 65 -gallon
containers (rather than the 96 -gallon one). With regard to debris piles, Mr. Kaplan and Assistant City
Manager Ron Massey said staff will continue to educate citizens about services that are available,
such as the free bulk item pick-up scheduled in April and October and special pick-ups (at a cost of
$48 plus tax). Council Member Scott complimented SWS staff for their hard work.
Council Member Kinnison asked what feedback management has received from the SWS
employees themselves about the changes. Mr. Kaplan replied that in the beginning many workers
were frustrated and there was a lot of negative feedback; however, the feedback has become positive
11
Minutes - Regular Council Meeting
January 22, 2002
Page 7
as they educate citizens and they, in turn, comply with the automated program. Mr. Kinnison also
asked about voluntary compliance with the permitting process. Mr. Kaplan said he thought the
compliance was excellent through November and now the permitted haulers are expecting city staff
to begin enforcing the ordinance for non -permitted haulers. Mr. Kinnison asked when the Council
will receive an update on future operational plans for the Elliott Landfill and the new Cefe
Valenzuela landfill. Mr. Kaplan said that the consultant sent staff their first draft a few weeks ago
but it only contained three options. He said he has asked them to consider three more options which
will be brought to the Council in the spring before the budget process begins.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 9, solid waste vehicles on one-way streets. There
were no comments from the audience. City Secretary Chapa polled the Council for their votes:
9. FIRST READING ORDINANCE
Ordinance amending Section 53-99, Operation of Trucks, Trailers and Other Heavy Vehicles
Restricted on Certain Streets, of the Code of Ordinances, City of Corpus Christi, to allow
automated solid waste vehicles to travel against traffic on one-way streets to collect from
City -provided garbage carts; providing for penalties.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 11, delinquency prevention grant. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
11. RESOLUTION NO. 024742
Resolution authorizing the City Manager or his designee to apply to the Criminal Justice
Division of the Governor's Office for a one-year $250,000 Title V delinquency prevention
grant to enhance Municipal Court processing and tracking of status offenders and Juvenile
Assessment Center case management services to at -risk youth.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 12, juvenile crime reduction. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
January 22, 2002
Page 8
12. RESOLUTION NO. 024743
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $164,292 to the State of Texas, Office of the Governor, Criminal Justice Division
for funding eligible under the FY2001 Juvenile Accountability Incentive Block Grants
Program to fund a program to reduce juvenile crime and establish interagency information
sharing programs.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
*************
Mayor Neal opened discussion on Item 13, civilian union. He called for public comment.
Mr. Mark Pitt, representing the United Steel Workers of America (USWA), said he had union
authorization cards signed by over 1,000 city employees as well as a data base with that information.
He said the newly elected officers of the Corpus Christi Association of City Employees (CCACE)
have spoken with some of the Council members and the Mayor. Mr. Pitt said the proposed union
activities policy (HR 30) does not contain any processes that did not already exist before November
13, 2001 (when the first union discussion took place). He said he is not sure if the provision in the
policy regarding certification of the union requires that it have a certain number of members before
it has the right to represent employees. He said if that is the case, union representatives feel that is
a violation of Texas law.
Mr. Pitt said the proposed policy regarding payroll deduction of union dues (HR 31) states
that employees would have to sign a new petition, which would have to represent 30% of the non-
management civilian employees (approximately 600 employees). He said that amount is almost 2'h
times higher than any other city in the state. Mr. Pitt said the policy also requires that employees sign
other documents as well and he said the policy contains a revocation clause that violates the Texas
Local Government Code. He said this has been a long, drawn-out process, noting that on November
13, 2001, five Council members approved "dues check -off' for union membership. (However, that
issue was brought back on November 20, 2001 due to a concern about the posting for that item and
it was tabled until January 22, 2002.) Mr. Pitt said the union rejects the policy as it is written.
Mr. Robert Shake said he is a member of Local 278 International Brotherhood of Electrical
Workers and president of the Coastal Bend Labor Council, an organization of all the unions in this
area. He said he believes some of the Council members have not experienced the benefits of union
membership. He urged them to pass Item 13.a. and a reasonable Item 13.b. so that city employees
can be unionized to improve their working situations.
Ms. Susie Luna Saldana said she is a member of the American Federation of Teachers and
the American G.I. Forum, Felix Longoria Chapter. She said unions are strong in Corpus Christi and
have been involved in all aspects of the community. She also said that the role of unions is not to
Minutes - Regular Council Meeting
January 22, 2002
Page 9
create animosity between employers and employees. She added that the Council members are
supposed to represent the needs of their constituents.
Mr. Stan Wilt said he is the newly elected president of the CCACE, located at 102 S. Staples
Street. He said the proposed policies are totally biased toward management, adding that CCACE
representatives need to be included in the development of union policies. He urged the Council to
stand by their November 13th vote and let the union members proceed with dues check -off. He said
they would be willing to poll the Council members' constituents to determine their attitude about
the union.
Mr. Buck Sosa said he served as a firefighter for 32 years. He noted that in 1973 city
employees were involved in the collective bargaining movement but they still have not received the
benefits of that effort.
Mr. Danny Noyola Jr., 4410 Acushnet, said that November 13th was a historic day because
the Council voted 5-4 to approve dues check -off for union members. He encouraged the Council to
show the same equality to city employees as is shown to people who participate in United Way and
the fire and police unions.
Mr. Mike Zepeda said he is a member of the United Steel Workers of America, which has
benefitted members in many ways, including participating in the 1968 suit against CCISD. He
implored the Council to allow city employees to make their own choices and he asked them to not
force city employees to seek relief through the courts.
Ms. Mary Helen Salazar, President of LULAC Council No. 1, said they passed a resolution
in support of the CCACE. She said she is glad the Moody Civic -Minded Students are present to see
how the system works. She said the Council members are voting on behalf of their constituents.
Mr. Jack Gordy, 310 Norton St., said the city employees are asking the Council to allow them
to have dues check -off as is done for fire and police employees. He said it appears that union
representatives were not involved in the development of the proposed policies.
Ms. Maria Gonzales, 1813 Amazon, said that on November 13th Mayor Neal said he would
do the right thing and she encouraged him and Council Member Garrett to keep that promise.
Ms. Becky Moller, 7217 Sparkle Sea Dr., said she became involved with city employees 30
years ago in their efforts to unionize. She said the Saturn automobile plant did not locate in Corpus
Christi because it was not a progressive city. She said city employees are only looking for dignity
and to have a voice in the workplace.
Mr. Paul Vasquez, Texas State Field Director for the National AFL-CIO, said he is a former
Council member in Flint, Michigan. He said the poorest workers are farm workers and city
employees, and the former have dues check -off while the latter do not in Corpus Christi. He said the
proposed policy is anti -union and he asked the Council to do what is fair.
Minutes - Regular Council Meeting
January 22, 2002
Page 10
Mr. David Noyola, Nueces County Commissioner, said the union members are only asking
to have true representation and to use their money as they wish. He said the Council needs to work
as a team to promote Corpus Christi. He added that they need to unite the community and to
remember that employees are the backbone of the city.
Mr. Leon Perez, 904 Buford, asked the Council why they are persisting in getting involved
in the city employees' business. He added that the City Manager gave the Council an increase in their
car allowance reimbursement.
Mr. Phil Rosenstein said there is nothing that prevents the Council from giving dues check-
off to city employees. He said unions and management can work together and he asked the Council
to allow the employees to use their money as they wish. He said the employees earn their pay and
deserve citizens' respect.
Mr. Carlos Torres, President of the Corpus Christi Firefighters Association and Vice
President of the Coastal Bend Labor Council, said he decided to help out the city employees because
he believes it is the right thing to do, especially when the USWA became involved. He congratulated
the CCACE for its recent elections. Mr. Torres commented that many grievances are dealt with
internally. He also discussed the efforts of police and fire union members both during the September
11th terrorist attacks and following them, and he exhorted the Council to approve Item 13.a. and to
forward Item 13.b. to a committee consisting of city employees and staff to develop a better policy.
Mr. Danny Noyola said he has publicly supported dues check -off. He commented on how
the Moody Civic -Minded Students are learning the necessary skills to participate in the political
process. He also quoted from the first few words of the Preamble to the U.S. Constitution.
Mayor Neal made a substitute motion for Item 13.a.: a) that the motion approved November
13, 2001 regarding Item 16 on the Council's agenda is rescinded; b) that the implementation policy
submitted by the City Manager as to payroll deduction of union dues is rejected; and c) that City of
Corpus Christi policy is established that there will be no payroll deduction in payment of
membership dues to an employee association. The motion was seconded by Mr. Kinnison.
Council Member Noyola said the Mayor's substitute motion was not fair and it divides the
community. He said city employees are being hurt because of politics. He added that the Mayor had
previously stated that he would not tell the employees how to spend their money. Mr. Noyola then
made a motion to amend the substitute motion to allow for dues check -off for city employees.
Responding to Council members' questions, City Secretary Chapa said the Mayor had a
motion on the floor and Mr. Noyola was attempting to amend that motion. He said the Mayor can
accept Mr. Noyola's amendment or reject it. Mayor Neal said he did not accept Mr. Noyola's
amendment. City Manager Garcia reviewed the actions to date and he restated the Mayor's motion.
Mr. Kelly seconded Mr. Noyola's motion to amend. Mr. Chapa polled the Council for their votes
on Mr. Noyola's motion and it failed to pass as follows: Colmenero, Kelly, and Noyola voting
"Aye"; Neal, Chesney, Garrett, Kinnison, and Scott voting "No"; Longoria absent.
Minutes - Regular Council Meeting
January 22, 2002
Page 11
Mr. Chapa polled the Council on Mayor Neal's substitute motion and it passed as follows:
13.a. M2002-034
Motion to adopt the following: a) that the motion approved November 13, 2001, regarding
Item 16 on the Council's agenda is rescinded; b) that the implementation policy submitted
by the City Manager as to payroll deduction of union dues is rejected; and c) that City of
Corpus Christi policy is established that there will be no payroll deduction in payment of
membership dues to an employee association.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kinnison, and
Scott voting "Aye"; Colmenero, Kelly, and Noyola voting "No"; Longoria absent.
Mr. Chapa read Item 13.b. as stated on the agenda. Mayor Neal made the following statement
regarding Item 13.b.: "The City Manager has provided the Council with a copy of Policy HR 30,
which he plans to adopt. As chief administrative and executive officer of the city, it is the City
Manager's province to establish proper policies and procedures, consistent with state law, for the fair
and productive management of the city's work force. Policy HR 30 would continue present policy
which includes grievance procedures and other matters, but does not include meet and confer
procedures. Policy HR 30 would continue the City Manager's adoption, amendment, and
administration of policies and procedures necessary to carry out his obligation to effectively and
efficiently manage the city work force. I believe this to be beneficial to the taxpayers and citizens
of Corpus Christi. I move approval of Item 13.b." Council Member Scott seconded the motion.
Mr. Noyola made a motion to form a committee consisting of two Council members, CCACE
officers, the City Manager and the City Attorney to oversee the policies and procedures and to
develop another policy to bring before the Council for their approval. Mr. Noyola's motion died for
lack of a second. Mr. Chapa polled the Council for their votes on Item 13.b. as follows:
13.b. M2002-035
Motion directing the City Manager to adopt a personnel policy on union activities.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kinnison, and
Scott voting "Aye"; Colmenero, Kelly, and Noyola voting "No"; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal announced the executive session (Item 14), pursuant to Texas Government Code
Sections 551.071, 551.072 & 551.087 to discuss and deliberate commercial or financial information
from a business prospect, Singapore Technologies, that the City Council seeks to have locate in or
near the City and to deliberate the offer of financial or other incentives in connection therewith, with
possible discussion and action in open session. The Council went into executive session. The
Council returned from executive session.
Minutes - Regular Council Meeting
January 22, 2002
Page 12
Mayor Neal called for the City Manager's report. Mr. Garcia said the department head retreat
will be held on January 25 and 26 at Port Royal Condominiums. He said they will be reviewing the
five-year forecast, budget issues for the coming year, and department priorities.
Mayor Neal commented on the successful Leopard Street improvement project. Mr. Kelly
added that there was a productive meeting with the Metropolitan Planning Organization and the
Texas Department of Transportation to set additional priorities (FM 624 and County Road 52 and
Rand Morgan as a second priority). He said a long-term project is to address the interchange of
Hwys. 77 and 37 and FM 624.
Mr. Chesney said his request to address drainage issues on Chenoweth Street had been
removed from the list of Council concems and he asked that it be placed back on the list. He also
announced that a town hall meeting will be held on January 31st at Ray High School to be hosted
by Mr. Garrett, Mr. Colmenero and himself.
Mr. Kinnison said the Council has received form letters from people throughout the country
about the city's animal control facility. He suggested that rather than respond to those form letters
from non -Corpus Christi residents, staff could concentrate on addressing concerns at that facility.
Mr. Kelly said he thought the city was in the process of conducting an assessment of city
employees' compensation. Mr. Garcia said the Council approved a compensation and classification
study because city employees' salaries have fallen behind the market due to budget shortfalls and
deferred raises. He said the study is currently underway and staff intends to begin making
recommendations on adjusting a number of employees' salaries in the next budget cycle. He said this
is separate from merit raises that will be discussed in the budget. Mr. Kelly asked if the
administration is dedicated to trying to improve the situation of the rank and file. Mr. Garcia said
they are committed to doing that.
Mr. Scott referred to a memo regarding traffic signal recommendations and he asked about
the warrants for such intersections as McArdle and Nile. Mr. Massey said a combination of criteria
are used, although accident history (especially fatalities) is very important. He said the Traffic
Engineer will make a recommendation on how the projects should be prioritized, which will be
brought to the Council for final discussion and adoption.
Mr. Scott also asked about the status of the Rodd Field industrial park project. Mr. Kinnison
said it is proceeding very slowly. Mr. Massey said the city hired an engineering firm to begin getting
estimates. Mr. Kinnison asked for a time table for that project. Mr. Scott said he thinks the city
beaches look very good. He also commended staff for their response on the use of some golf fees and
he asked about golf cart fees. Deputy City Manager Noe said the Council will receive a memo about
a new single rate during off-peak periods.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
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Minutes - Regular Council Meeting
January 22, 2002
Page 13
Mr. Jack Gordy, 310 Norton St., asked the Council to review the city's contract with Prince
Catering, which runs a small food establishment on the sixth floor of City Hall. He said that on
November 19, 2001 the Health Department conducted an inspection of the business and it failed the
inspection. Mr. Gordy said he went there today and the conditions are the same. He said the business
should be an embarrassment to City Hall.
Mr. Jose Marroquin, 2433 Allencrest, said he provided the Council with written information
about a situation surrounding a woman's utility bill with which he became involved. He said that
during last week's meeting, staff told the Council that there is a delay between when a customer's
utility bill becomes overdue and when his service is disconnected. However, he said in that woman's
case, her service was cut off on the very same day she received her second bill.
Assistant City Manager Jorge Cruz-Aedo explained that if a customer receives his bill on the
first of the month, for example, he has 17 days to pay it. If the bill is not paid, the customer receives
a second notice saying the bill is delinquent. If the bill is still not paid, the next month's bill is sent
out on the first showing a past due amount and the current balance. If payment is again not made,
a second delinquent notice is sent 17 days later which states that the customer is subject to having
his service disconnected. He emphasized that the city has fairly large thresholds for disconnecting
service.
Mr. Garcia said if there is a circumstance such as the one referred to by Mr. Marroquin, the
city often makes arrangements with customers so they can pay their bills. However, staff only makes
those arrangements with the customers themselves and not with a third party. Mr. Cruz-Aedo said
he is not familiar with the circumstances of the woman whom Mr. Marroquin was assisting. Mr.
Kinnison asked staff to look at this particular situation and provide information. Mr. Kelly said he
has heard of similar situations occurring.
At the request of Mr. Garcia, Mr. Cruz-Aedo explained that approximately three years ago,
the city upgraded its utility billing system. During the transition from the old system to the new one,
the city suspended disconnects so customers would not be inadvertently affected. However, during
that period delinquent accounts jumped to around 8,000 to 9,000 out of 85,000 customers for a total
amount of about $2 million. Over the last year staff has been working to reduce those numbers and
the last report showed about 3,000 delinquent accounts Mr. Garcia said the Council acts as the board
of the municipally owned utility, and staff tries to implement reasonable management policies to
ensure equitable treatment and fair prices for customers.
Mr. Roland Garza said Mr. Marroquin called him about the woman's situation so Mr. Garza
called and then came to the Utility Billing Office. He asked a staff member how many warnings are
given to a customer before he is disconnected and the response was zero. He said he believes there
is a lack of communication between management and staff that needs to be addressed.
Mr. J.J. Ramirez, 1210 Tenth St., said he is also trying to assist the woman referred to by Mr.
Marroquin so he did research on the issue. Mr. Ramirez said he came to City Hall and asked what
would happen if he was not able to pay his bill for a variety of reasons. He was instructed to call the
Minutes - Regular Council Meeting
January 22, 2002
Page 14
customer service number and was told that he would be given time to pay his bill. He said he was
short of cash and he had to take out a loan to pay his bill, but some people are not able to do that. He
asked if there is a written policy regarding utility bills.
Mr. Cruz-Aedo said Mr. Ramirez seemed to be asking two questions. First, a written notice
is given to the customer that if his bill is not paid, he is subject to disconnect after a certain date.
Second, the ordinance that establishes the utility rates spells out the policy that staff is to follow. He
added that the internal policy is more lenient than the one in the ordinance. Mayor Neal asked if it
is possible for a customer to have his due date changed and Mr. Cruz-Aedo said it is. Mr. Garcia
emphasized that a customer's service will not be disconnected unless he is more than two months
late in paying.
There being no further business to come before the Council, Mayor Neal adjoumed the
Council meeting at 5:15 p.m. on January 22, 2002.
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