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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. 1W 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. ************