HomeMy WebLinkAboutMinutes City Council - 02/26/2002r
I 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 February 26, 2002, which were approved
by the City Council on March 5, 2002.
WITNESSETH MY HAND AND SEAL, this 5th day of March 2002.
Armando Chapa
City Secretary
SEAL
T r 7
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 26, 2002
1:07 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
John Longoria
Jesse Noyola
Mark Scott
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Assistant City Secretary Mary Juarez
Recording Secretary Rachelle Parry
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation
was delivered by Ronald Cox, Chaplin at Naval Air Station Corpus Christi, and the Pledge of
Allegiance to the United States flag was led by Council Member Longoria. 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 February 19, 2002. A motion was made and passed to approve the
minutes as presented.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 2-16). City Secretary Chapa
stated that Items 3 and 4 needed to be amended. There were no comments from the Council or the
audience. Mr. Chapa polled the Council for their votes and the following were passed:
2. M2002-059
Motion authorizing the City Manager or his designee to execute a contract amendment
granting permission for Govind E.C. to assume all the obligations and duties of engineering
contracts between the City of Corpus Christi and Govind & Associates Inc.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
5. ORDINANCE NO. 024782
Ordinance approving the sale of a former city park known as Meldo Park with platted
description of Lot 4, Block 3, Meldo Park Subdivision, located on Brawner Parkway, west
of Santa Fe for $100,000 received by sealed bid and authorizing the City Manager or his
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February 26, 2002
Page 2
designee to execute a special warranty deed for the sale and conveyance of the subject
property.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
6.a. M2002-062
Motion approving the application from the Corpus Christi Chamber of Commerce and the
S.E.A. Saltwater Fisheries Enhancement Association to temporarily close the following
sections of North Shoreline Boulevard immediately in front of the Port of Corpus Christi
Building on March 6, 2002 for a networking and education program for the purpose and
efforts of the Saltwater Fisheries Enhancement Association: a) Northbound Shoreline
Boulevard (inside and middle lanes only), from the north right-of-way of Power Street to the
north right-of-way to Palo Alto Street, beginning noon 12:00 p.m., Tuesday, March 5, 2002,
through 10:00 p.m., Wednesday, March 6, 2002; and b) Southbound Shoreline Boulevard
(full closure), from the south right-of-way of Palo Alto Street to the north right-of-way of
Power Street, beginning at noon 12:00 p.m., Tuesday, March 5, 2002, through 10:00 p.m.,
Wednesday, March 6, 2002.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
6.b. ORDINANCE NO. 024781
Ordinance waiving the requirement of Code of Ordinances Section 49-17, Conditions and
Requirements for (Special Events Street Closing) Permit that street closings approved by the
City Council for special events shall be open to the public.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7. M2002-063
Motion authorizing the City Manager or his designee to execute a construction contract with
Mendez Construction Company Inc. for a total fee not to exceed $141,000 for the Gas
Department pole building replacement project FY 2001.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
8. RESOLUTION NO. 024784
Resolution authorizing condemnation proceedings by the City to condemn Parcel 4,
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February 26, 2002
Page 3
comprised of fee simple title to 275 square feet together with a 550 -square foot temporary
construction easement out of Lot 8, Section 56, Flour Bluff and Encinal Farm and Garden
Tracts, from the owners, George F. Merzbacher Jr. and Betty Bell Merzbacher Roseburg, to
construct drainage improvements in connection with the Jester Street minor storm drainage
improvements, Project 2106, and for other municipal purposes.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.a. ORDINANCE NO. 024785
Ordinance amending Ordinance Nos. 024503 and 024668 to allow for the abandoning and
vacating of a 6,511 -square foot portion of the 50 -foot wide street right-of-way on Purl Place,
north of the Robert Drive street right-of-way.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.b. ORDINANCE NO. 024786
Ordinance abandoning and vacating a 6,511 -square foot portion of a 27 -foot wide street and
two 11.5 -foot wide sidewalk easement rights-of-way on Purl Place, north of the Robert Drive
street right-of-way; requiring the owners, Dr. and Mrs. Robert W. Madry Jr. and Mrs. Ann
C. Yeager, to comply with the specified conditions and replat the property within 180 days
at owner's expense.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
10. RESOLUTION NO. 024787
Resolution exempting Homestead Estates Subdivision from payment of water and
wastewater acreage fees pursuant to Sections VB.S(K) and VB.6(I) of the Platting Ordinance,
as requested by Robert Payne and Rick Ramon, owners/developers.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11. RESOLUTION NO. 024780
Resolution supporting efforts to ban off-road recreational vehicles from stated -owned
riverbeds and four-wheel drive vehicles from the tidal flats in the state's bays and estuaries.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
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February 26, 2002
Page 4
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
12.a. M2002-064
Motion authorizing the City Manager or his designee to accept a renewal grant in the amount
of $1,500 and execute a contract with the Corporation for National Service for the
continuation of the Senior Companion Program.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
12.b. ORDINANCE NO. 024788
Ordinance appropriating a grant of $1,500 from the Corporation for National Service in the
No. 1050 Federal/State Grants Fund for the Senior Companion Program.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
13.a. M2002-065
Motion authorizing the City Manager or designee to accept a grant from the U.S. Bureau of
Reclamation for $20,500 to purchase Learning to Be WaterWise kits.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
13.b. ORDINANCE NO. 024789
Ordinance appropriating $20,500 from the U.S. Bureau of Reclamation in the No. 1050
Federal/State Grants Fund for the purchase of Learning to Be WaterWise kits.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
14. FIRST READING ORDINANCE
Ordinance amending Section 55-147(a) of the Code of Ordinances, City of Corpus Christi,
regarding affirmative defenses for discharges in violation of industrial wastewater
pretreatment standards and providing for penalties.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
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February 26, 2002
Page 5
15. ORDINANCE NO. 024790
Ordinance authorizing the City Manager or his designee to execute Amendment No. 2 to the
lease agreement between the Buccaneer Commission and the City of Corpus Christi,
authorized by Ordinance No. 023917 on January 18, 2000, to adjust the amount payable for
police services, add a late payment fee and clarify procedures for resolving disputed claims.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
16. ORDINANCE NO. 024791
Ordinance changing the name of Bush Avenue to Friendship Drive between West Point Road
and South Padre Island Drive.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 3, Packery Channel restoration. City Secretary Chapa
explained that an appropriation ordinance is being added which will be Item 3.a. and Item 3.b. is the
motion listed on the agenda. Council Member Noyola made a motion to amend to include the
appropriation ordinance, seconded by Council Member Colmenero, and passed. Mr. Chapa polled
the Council for their votes as follows:
3.a. ORDINANCE NO. 024781
Ordinance appropriating $7,500 from revenues from Reinvestment Zone No. 2 in the
Reinvestment Zone No. 2 Fund No. 1111; and amending Ordinance No. 024528 which
adopted the FY 2001-02 budget by increasing both revenues and appropriations by $7,500
in the No. 1111 Fund for Engineering Services for the Packery Channel partnering, technical
review, and U.S. Corps of Engineers consultation.
An emergency was declared and the foregoing ordinance passed, as amended, by the
following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott
voting "Aye"; Garrett abstaining.
3.b. M2002-060
Motion authorizing the City Manager or his designee to execute an amendment for
engineering services with Shiner, Moseley and Associates in the amount of $15,000 for the
Packery Channel partnering, technical review and U.S. Corps of Engineers consultation.
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February 26, 2002
Page 6
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett abstaining.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 4, purchase of chiller units. City Secretary Chapa said
the item needs to be amended to change the word "lease" to "lease/purchase." Council Member
Colmenero made a motion to amend Item 4 as stated, seconded by Council Member Kinnison, and
passed. Mr. Chapa polled the Council for their votes as follows:
4. M2002-061
Motion approving the lease/purchase of two chiller units from York International c/o Lewis
Mechanical Sales, Corpus Christi, Texas, in accordance with Bid Invitation No. BI -0060-02,
based on best bid, for a total amount of $95,400. The units will be installed at the Frost
Building. Funds are budgeted in the No. 1020 General Fund for improvements to the Frost
Bank Building in FY2001-2002.
The foregoing motion passed, as amended, by the following vote: Neal, Chesney, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item
19) was regarding the Comprehensive Hazard Emergency Response Capability Assessment Program
(CHER-CAP) exercise. Mr. Juan Ortiz, Emergency Manager, explained that the Local Emergency
Planning Committee (LEPC) will be conducting a chemical exercise along Nueces Bay Boulevard
from 9 a.m. to 11:30 a.m. on February 28, 2002. Other participating entities are Nueces County,
CITGO Refining East Plant, and Flint Hills Resources East Plant.
Mr. Ortiz said the objective of the exercise is to evaluate several factors: initial notification
of the incident; integration of response resources; clarification of roles and responsibilities;
evaluation of emergency plans; dissemination of information to the public; and activation of the
Emergency Operations Center. Mr. John Sendejar, LEPC Administrator, described the actions that
have been taken to inform the community about the chemical drill, including a media summit,
community public service announcements, newspaper notifications, community newsletters, and
briefings for schools and elected officials.
Mayor Neal asked if the telephone notification system will be used. Mr. Sendejar replied
affirmatively, explaining that this will be the first time that all five notification tools are used
simultaneously in the area. Mr. Ortiz noted that the exercise was originally scheduled to occur on
September 19, 2001 but was postponed because of the terrorist attacks of September 11, 2001.
Responding to Council Member Colmenero, Mr. Sendejar said the information about the drill
Minutes - Regular Council Meeting
February 26, 2002
Page 7
will be going out to the entities which are contracted to run the EAS system (television "crawler").
Council Member Scott asked what will be visible during the drill. Mr. Ortiz said there will be some
smoke and alarms and area emergency response vehicles will be mobilized. He added that Oak Park
Special Emphasis School will be participating by implementing its "shelter -in-place" plan. Council
Member Garrett asked about AM radio announcements. Mr. Ortiz said the AM station has been
phased out due to interruptions from a station in Mexico and a contract has been made with 89.5 FM.
* * * * * * * * * * * * *
The second presentation (Item 20) was the FY 2001-02 second quarter budget/performance
report. Mr. Mark McDaniel, Director of Management and Budget, explained that the report includes
enhanced comparative data and explanations for major variances. Using a computer presentation,
Mr. McDaniel first reviewed the General Fund year-to-date revenues for this fiscal year compared
to the revenues for the same time last fiscal year. With regard to sales tax revenues, the city's budget
is on target (3% projected growth), while many other major Texas cities are experiencing difficulties
because they had projected much larger growth that has not materialized. He also discussed other
General Fund revenues and expenditures. He discussed the issue of "drag -up" pay, which is being
centrally budgeted.
Mr. McDaniel said the Enterprise Fund revenues are somewhat lower compared to last year
because of wetter months and lower natural gas prices. He said the Airport Fund is only about
$150,000 behind in revenues as a result of the September 11th events and that department has been
very prudent with its expenditures, which are down $70,000. He added that the city has applied for
reimbursements from the federal government for some of those expenses.
With regard to the Special Revenue Funds, Mr. McDaniel said the Visitor's Facility Fund
looks out of balance for the current year but that is because of the way staff treats reimbursements,
which are now classified as a revenue as opposed to an offsetting expenditure. He added that staff
budgeted very conservatively for hotel occupancy tax revenues and, as a result, they are on target.
Mayor Neal asked how reimbursements from other governmental entities are reflected in the
General Fund reconciliation. Mr. McDaniel replied that it is now carried as a revenue (p. 25 in the
quarterly report). He said the timing of the reimbursements is very irregular and staff monitors them
in more detail by department. Mayor Neal said that is an accrual of items that have been billed, not
necessarily funds received.
Council Member Garrett asked how staff is handling drag -up pay for retirees. Mr. McDaniel
said staff is keeping running totals on the larger departments, principally the Fire and Police
departments, regarding not only the total drag -up amount but the time the position is vacant (the
salary savings). He said to date staff has not moved any funds over from the amount the Council
budgeted for drag -up pay. City Manager Garcia noted that in previous years the departments were
responsible for budgeting their own drag -up but now it is budgeted centrally using a more statistical
basis rather than relying on individual retirees' decisions.
Minutes - Regular Council Meeting
February 26, 2002
Page 8
Council Member Colmenero asked about franchise fees. Mr. McDaniel said that page 20 of
the report includes detailed information on the types of franchise fees paid. He added that additional
Municipal Court revenues should be reflected next month. Council Member Kinnison said Mr.
Garcia has been forwarding information to the Council about the financial difficulties other Texas
cities are experiencing, while Corpus Christi's budget is on target. He complimented staff for their
efforts on the budget, which was also reflected in the favorable management letter from the auditors.
Mr. McDaniel said staff was able to do that because of the Council's long-term perspective. Mr.
Garcia agreed, saying the Council has been very disciplined in preparing the budget.
Mayor Neal recessed the Council meeting to read the day's proclamations and to swear in
the new board and committee members.
* * * * * * * * * * * * *
Upon reconvening, Mayor Neal referred to the third presentation (Item 21), quarterly Risk
Management update. Assistant City Manager Jorge Cruz-Aedo compared the revenues and
expenditures for the first two quarters of the fiscal year (August 2001 -January 2002) for the city's
health care programs: Citicare (including Citicare-Basic), Citicare Q -Plus, Citicare Fire and Public
Safety Citicare. He said in an effort to increase stabilization of the Citicare and Citicare Q -Plus plans,
a 2%-3% premium increase may be necessary in FY 2002-03. The city increased premiums for the
Citicare Fire plan by 26.93%, effective on the payroll date of March 15, 2002. City Manager Garcia
said Citicare Fire had not experienced any increases or plan changes over the last few years while
civilian employees had. Public Safety Citicare members experienced a 16.38% premium increase
effective on the payroll date of November 13, 2001. In addition, plan design changes were made per
the recent labor agreement between the city and the Corpus Christi Police Officers Association.
Mr. Cruz-Aedo said final changes are being made to align the plan year to the city's fiscal
year, which is being accomplished by holding two enrollment periods in 2002 with deductible and
out-of-pocket costs to be carried over through July 31, 2003. In addition, the city is finalizing plans
to offer employee -option dental and vision benefits. He said staff is preparing a request for proposals
(RFP) for pre-certification/utilization services, which are currently being provided by the Spohn
network. Upon receipt of the proposals, staff will evaluate them and forward a recommendation to
the Council. He said the city will also be implementing a software upgrade that will facilitate the
electronic open -enrollment process.
Mr. Cruz-Aedo noted that the current health contracts will expire July 31, 2003, which
necessitates several upcoming actions. In the spring of 2002, staff will retain an independent
consultant to evaluate the city's health insurance program. This summer they will draft RFPs for a
medical network provider, prescription network, third -party administrator, and stop -loss coverage,
which will be issued in the fall. City staff will then evaluate the proposals and in the spring of 2003,
they will present recommendations to the Council for approval of the contracts.
Council Member Kinnison said the last time the Council considered the health care contracts
was during an election season and it appears the Council will do so again in 2003. Mr. Cruz-Aedo
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Minutes - Regular Council Meeting
February 26, 2002
Page 9
said staff plans to bring a recommendation to the Council next spring so the contracts can be
implemented on August 1, 2003, for the new plan year. Mr. Garcia said one of the differences the
last time was that the city was making a radical change in the plan --going from a fully insured plan
to a self-insured one. He said staff is not anticipating making a major change in the plan this time.
Mr. Cruz-Aedo said they want to ensure that staff has enough time to evaluate the proposals.
Council Member Chesney questioned why staff is planning to retain an independent
consultant to evaluate the city's health insurance program. Mr. Cruz-Aedo replied that that was not
done the last time and it probably would have been wise to do so. He said there are a number of
different avenues that can be taken with regard to health care and a consultant would be beneficial.
Mr. Chesney questioned hiring a consultant and issuing an RFP, rather than using a straight bid
process for these contracts. Mr. Garcia commented on the complexity of the heath care industry,
saying that if the city went with a straight low bid they would have an HMO. However, he said, those
are not the services that city employees expect. He pointed out that police and firefighters want
different programs than civilian employees.
Mayor Neal said the Council sits as the board of directors of the city's insurance company
and he thinks the city should hire a consultant to help staff design the best possible plan. Council
Member Scott said he thinks the program is well-run and he encouraged staff to continue to educate
the Council on the many different options available. Council Member Colmenero said he thinks the
Council should have a more active role in defining the plan.
Responding to Council Member Longoria, Mr. Cruz-Aedo said the consultant can help staff
define the type of health care plan that will be offered so the proposals can be accurately compared.
He said other cities have paid similar consultants $25,000 to $35,000 for a full 12 months of advice
to the city, which he said is worth the investment since the city's program is in the $16 million range.
The Mayor said at the end of this spring, the Council needs to make the decision to either
remain self-insured or go back to the fully insured option. Mr. Garcia said whatever decision is
made, there will be a company which is pleased with it and many more which are not.
Council Member Noyola asked if the employees had been surveyed about their preferences.
Mr. Cruz-Aedo replied that they have not been recently but it will be an integral part of the process.
He added that he thinks the police and fire employees are very satisfied with their programs.
Mr. Kinnison asked about the prescription network. Mr. Cruz-Aedo said that currently it is
bundled with the third -party administrator agreement, which makes it difficult to make changes to
the prescription plan. For that reason, staff may recommend separating them. Mr. Garcia added that
there are several options --including mail -in prescriptions and internet purchases --that staff would
like to explore. Mr. Kinnison suggested that staff communicate with the employees about the plans.
Mr. Cruz-Aedo then continued with his computer presentation regarding workers
compensation. He said it takes a long time for those claims to work through the system. He said staff
is working to minimize claims by enhancing the safety program, including identifying injuries by
irr
Minutes - Regular Council Meeting
February 26, 2002
Page 10
frequency and department; performing monthly trending analyses of injuries; and implementing
corrective actions based on those trends. He said staff will also hold training sessions with
specialized education for departments based on a safety assessment and evaluate current safety
policies and update them as needed. Another objective is to develop an employee incentive wellness
program to encourage participation in exercise, nutrition and health classes. He said the city plans
to offer discounted fees to local fitness centers as part of the program.
Mayor Neal asked if the city has a trained safety consultant on staff. Mr. Cruz-Aedo said the
city currently employs a specialist in the safety area and plans to hire another one. The Mayor
emphasized the importance of such employees. Mr. Cruz-Aedo said staff is also considering hiring
a nurse -practitioner to assist with reviewing workers compensation claims. The Mayor said the city
also needs to have some kind of incentive program for safe employees.
Mr. Cruz-Aedo then discussed the general and auto liability claims. He said the objectives
to minimize those claims include: evaluating policies and procedures regarding vehicle usage and
accident avoidance; enhancing the random drug and alcohol screening programs that are currently
in place; evaluating the claims management process through an actuarial study (which is underway);
and aggressively litigating cases as appropriate. He said staff is working together to decrease costs,
claims and employee injuries.
Mr. Noyola asked if the city offers a long-term disability program for its employees and Mr.
Cruz-Aedo replied affirmatively. In response to another question from Mr. Noyola, the Assistant City
Manager also discussed differences in workers compensation benefits and long-term disability. Mr.
Scott asked if money had been borrowed a few years ago to assist the Risk Management fund. Mr.
Cruz-Aedo said that occurred several years ago but it has been repaid.
Mr. Garrett asked if the city still recognizes employees with long safety records and Mr.
Cruz-Aedo said they do. Mr. Garcia added that there are consequences to employees who do not
utilize safe methods at work. Mayor Neal commented on the professionalism of the Budget and Risk
Management presentations.
* * * * * * * * * * * * *
Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
17. Case No. 0102-01, Jeanette's Flowers & Gifts Inc.: A change of zoning from "R -1B" One -
family Dwelling District to `B -1A" Neighborhood Business District on a 0.918 acre out of
the Frederick and Webb Tracts, located on the southwest corner of Krejci Lane and Old
Robstown Road.
City Secretary Chapa said the Planning Commission and staff recommended approval. No
one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public
hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes:
Minutes - Regular Council Meeting
February 26, 2002
Page 11
17. ORDINANCE NO. 024792
Amending the Zoning Ordinance upon application by Jeanette's Flowers and Gifts Inc. by
changing the zoning map in reference to 0.918 acres out of the Frederick and Webb Tracts
from "R -1B" One -family Dwelling District to `B -1A" Neighborhood Business District;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the
second of two City Council public hearings on the city's proposed 2002 annexation program, which
is five parcels of land containing 519.32 acres as follows:
Jones. Walter and Texas General Land Office beach frontages: Publicly and privately owned lands
comprising approximately 44.16 acres and 9,618 feet of Gulf Beach frontage, from the south -most
property line of Padre Balli County Park to a point 500 feet south of the south -most property line of
the Lawrence Jones property. The width of the strip extends westward from the City limit line on
the Gulf of Mexico shoreline, being the 1.37 -foot line above mean sea level based on United States
Geological Survey and Geodetic Survey datum of 1929, to a point along the vegetation line
approximately 200 feet west of and generally parallel to the 1.37 foot line above mean sea level Gulf
of Mexico shoreline.
Padre Balli Park: Nueces County Park No. 1 (Padre Balli Park) comprising approximately 194.92
acres and 6,324 feet of Gulf Beach frontage.
Packery Channel Park: Publicly and privately owned lands comprising approximately 50.01 acres
and including Nueces County Park No. 2 (Packery Channel Park).
Nueces County land south of Mustang Island State Park: Publicly owned (Nueces County) tract of
land comprising 221.00 acres and 4,211 feet of Gulf Beach frontage generally surrounded by the
existing city limits and out of the William Bryan Survey 606, between the east right-of-way line of
State Highway 361 and the existing city limit line along the Gulf of Mexico shoreline, being the 1.37
foot line above mean sea level based on United States Geological Survey and Geodetic Survey datum
of 1929.
Beach -front property north of Zahn Road: Privately owned tract of land comprising approximately
9.23 acres and 2,009.79 feet of Gulf Beach frontage abutting the city limits on the Gulf of Mexico
shoreline, being the 1.37 -foot line above mean sea level based on United States Geological Survey
and Geodetic Survey datum of 1929 and extending approximately 200 feet westward and between
county -owned land and state -leased land at J.P. Luby Surf Park.
There were no comments from the audience. Mr. Chesney made a motion to close the public
hearing, which was seconded and passed.
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
February 26, 2002
Page 12
Mayor Neal referred to the fourth presentation (Item 22), status of the negotiations with the
Corpus Christi Firefighters Association. Deputy City Manager Noe first gave background
information, noting that in FY 2000-01 the city was forced to make several budget reductions,
including a reduction in force and forgoing pay increases. He said the Corpus Christi Police Officers
Association (CCPOA) elected to execute a two-year contract with a "reopener" in FY 2001-02 on
wages and health insurance. The Corpus Christi Firefighters Association (CCFFA) elected to go
without a new contract, utilizing the "evergreen" clause to continue operating under the existing
contract.
Mr. Noe said the initial meeting for the CCFFA negotiations was held on July 30, 2001 and
proposals were exchanged on August 16th. On November 15th the parties reached impasse, which
is covered under the current agreement. On December 19th the parties had a one -day mediation
session with a federal mediator. Mr. Noe said the three outstanding issues are wages, trust
contribution and health insurance. He noted that the CCPOA elected to accept changes to their health
insurance benefits and the savings that the city accrued from those changes were given back to the
police officers in the form of wages. He said city staff has been discussing a similar plan with the
firefighters.
The Deputy City Manager discussed the last formal proposals that were exchanged. He said
the CCFFA requested a 6% increase in wages; a trust contribution of $150,000 per year; and
maintaining current health insurance benefits with a 26.93% increase in premiums. The only
difference in the city's proposal was regarding wages, offering a 3% increase effective on August
1, 2001 and a 2.25% increase effective March 1, 2002. Mr. Noe noted that the 3%/2.25% increase
was exactly what the police officers received, offset in cost by four -tenths of 1% on an annual basis
as a result of the insurance savings.
Mr. Noe said the next step in the impasse procedure is fact-finding: a fact -finder has been
selected and a hearing is being scheduled. He said pursuant to the contract, each party is allowed to
submit two items, which do not have to be the same two that were bargained on. He said each party
takes a position on those issues and the fact -finder is instructed to select one of the two positions,
which is then forwarded to the Council, whose decision is final.
He said the CCFFA members are currently circulating a petition requesting an 8.5% pay
increase which, if approved, would require an additional $1 million (approximately) to be retroactive
to August 1, 2001, which is the equivalent of 1.29 cents on the tax rate He said if the assumption
is made that the group which bargained to an agreement --the CCPOA--is entitled to the same
consideration, it would require an additional $1.4 million, or 1.78 cents on the tax rate. In addition,
an 8.5% increase for the civilian employees would cost $2.24 million (2.86 cents on the tax rate).
He said while the city's budget is balanced, the reserve is only $6.8 million --still not what the rating
agencies would like the city to have. He said the city's recommendation for the firefighters is based
on what staff thinks is affordable within the current budget structure.
Responding to Mayor Neal, Mr. Noe said the CCFFA's proposed 8.5% pay increase would
not impact on their contract at all. The Mayor asked about the fact-finding time line and an election
Minutes - Regular Council Meeting
February 26, 2002
Page 13
schedule. Mr. Noe said it depends on the fact -finder's schedule, but it could take one or two months
to get the actual recommendation from the fact -finder. With regard to an election, City Secretary
Chapa said he has been told that the petitions are supposed to be submitted by February 28th. He said
at that point the Council has three options: grant the petitioners' request outright for a firefighters'
pay increase; develop an alternate proposal which would be mediated; or call an election for the next
available election date, which is May 4th.
City Attorney Bray pointed out that the City Secretary's Office will need enough time to
validate the signatures and verify that they meet the minimum number in order for the Council to
decide which of the three alternatives to choose. He said March 19th is the 45th day before the May
4th election, which is the deadline for calling an election under the Texas Election Code.
In reply to Council Member Scott, Mr. Chapa said he did not budget for an election on May
4th, which will cost approximately $100,000. Mr. Noe said that amount would have to come out of
the General Fund. Mr. Kinnison asked about the ballot language. Mr. Bray said the statute requires
that the ballot language simply say, "Adoption of the proposed minimum salaries of (amount)
applicable to (positions)." He said he has not seen the petition but based on what he has heard, the
ballot would state a salary increase of 8.5% applicable to the specific firefighter positions.
Mr. Kinnison asked if the ballot could include what funding mechanism would be used; i.e.,
a tax increase that would be voter -approved. Mr. Bray said the Council cannot change the statutory
language for presentation on the ballot. He said staff is looking into whether there is a way to
separately put something like that on the ballot. Mr. Kinnison said if the firefighters receive a raise,
it should be extended to all city employees.
Mr. Garcia said the City Attorney is also looking into how this will affect the tax cap. He said
staff will probably recommend that if the voters want to approve the firefighters' pay raise that they
also approve an increase in the tax cap. He said if that is not done, it will adversely affect the city's
bond rating and limit its ability to fund additional, necessary capital improvements.
Responding to Council Member Noyola, Mr. Noe reiterated that the CCFFA asked for a 6%
wage increase in their proposal and staff proposed 3% on August 1, 2001 and 2.25% on March 1,
2002. He said the difference between the CCFFA's 6% request and the city's current position is
about $368,000 on an annual basis. He added that the city reached an agreement with the CCPOA
for the 3%/2.25% increase, and he questioned how negotiating a different agreement with the
CCFFA will impact future labor negotiations. Mr. Garcia added that he would never recommend
settling with the second labor group for more than what the first group agreed to.
Mr. Scott went through the figures Mr. Noe presented regarding the impact of an 8.5% pay
increase for all city employees and he asked how that would affect the city's bond rating. Mr. Noe
said if the tax rate is too close to the cap set in the Charter, it would affect the city's ability to finance
additional debt in the future. He said since the rating agencies rate the city's existing debt as well,
it may also be adversely affected.
Minutes - Regular Council Meeting
February 26, 2002
Page 14
Mayor Neal said if the Council cannot ask for a referendum to raise taxes, it will be the
Council's responsibility to decide how to pay for the firefighters' pay increase if it is approved by
the voters. He said in order to fund the increases, the Council would have to reduce the city's
unallocated fund balance down to a very dangerous level or make a management decision to go
ahead and raise taxes in the face of political risk and possibly exceeding the tax cap. The Mayor said
the bigger issue is that Corpus Christi is the only major city in Texas that is not experiencing a
financial crisis right now because it has managed to increase its unallocated fund balance. However,
if Corpus Christi's economy experiences any down turns, the Council will be discussing cutting
services and employees rather than giving raises. He said he is not against a reasonable pay increase,
but the people who signed the petition have not been asked how the pay raise will be funded.
Mr. Scott said he does not want the public debate to be one of "for us or against us." Mr.
Kinnison emphasized that the voters need to understand the financial impact of a pay increase.
Responding to Mr. Noyola, Mr. Noe said there is no way the fact -finder will be able to make a
recommendation before March 19th. Mr. Noyola urged the parties to continue negotiating.
Mr. Longoria asked if other items can be placed on the May 4th ballot. Mr. Bray said it
depends on if there is specific statutory authority to place a particular item on the ballot. Mayor Neal
called for a brief recess.
* * * * * * * * * * * * *
Upon reconvening, the Mayor opened discussion on Items 23-26 pertaining to new and
upgraded traffic signals. Assistant City Manager Ron Massey explained that in the 2000 bond
program, $2.13 million was approved for traffic signal work ($1 million each for new signals and
signal upgrades and $130,000 for signal synchronization). He said the first phase of new signal
construction is almost completed and there is $368,000 left for the second phase.
Mr. David Seiler, Traffic Engineer, said the Phase I traffic signal improvement projects (four
new signals and three flasher locations) incorporated the following intersections: Staples at Lipes,
Staples at Timbergate, Rodd Field at Saratoga, Kostoryz at Sunnybrook, Carancahua at Coopers
Alley, Ocean at Cole Park, and Everhart at Shea Parkway and Schanen. Mr. Seiler then discussed
the priority grouping of signal candidates for Phase II. He said staff considered such factors as traffic
volume, turning movements, conflicts, traffic accident experience (including fatalities), pedestrian -
related factors, and street system considerations.
Mr. Seiler said the Priority 1 group consists of the following intersections (ranked in order
of staff's recommendation): Saratoga at Long Meadow, Everhart at Congressional, FM 624 at
County Road 69, Old Brownsville at Cliff Maus, and Shoreline at Twigg. He said the Transportation
Advisory Committee approved the recommended intersections on January 28, 2002. Mr. Seiler then
discussed the priority factors for each of the five recommended signal locations. He said that in
addition to the $368,000 of remaining bond funds, American Bank is contributing $50,000 toward
the signalization of Saratoga at Long Meadow. In addition, staff plans to reuse some of the signal
hardware removed from some of the signal upgrade projects. He said based on the total available
Minutes - Regular Council Meeting
February 26, 2002
Page 15
funds, staff is recommending deferring the signal project at Shoreline and Twigg at this time. He said
the total construction estimate is $418,000.
Council Member Longoria said the intersection of Ayers Street and Ocean Drive includes
a continuous far right lane going north, and he suggested that when the Shoreline/Twigg
signalization is undertaken that it also include continuous travel in the far right lane. Mr. Seiler said
that configuration will be incorporated into the Shoreline/IH-37 intersection as well.
Council Member Scott questioned the need for a traffic signal at Shoreline and Twigg. Mr.
Seiler said that intersection has been on his master plan for a long time. It will provide for a more
synchronous flow along Shoreline Boulevard and serve as a more pedestrian -friendly crossing
location. A brief discussion ensued and Mr. Massey said that when additional funds become
available, staff will make a new recommendation based on the needs at that time. Mr. Scott said he
thinks a signal at McArdle and Nile should be a higher priority.
Council Member Chesney said he agrees that Shoreline and Twigg should not be included
in the top five list of priorities but the intersection of Aquarius and Park Road 22 should be. Mr.
Seiler said the project to raise the JFK Causeway will change the configuration of that intersection.
Council Member Kinnison asked for a more definitive construction schedule as it becomes
available. Mr. Seiler said staff will bring back contract recommendations in May. Mr. Kinnison also
acknowledged American Bank's financial assistance for the Saratoga/Long Meadow intersection.
Council Member Colmenero suggested that staff look at other locations for signal improvements as
well as innovative ways to fund them.
Council Member Kelly commented on the very fast travel speed occurring on FM 624
(Northwest Boulevard) and he spoke in favor of the signal at FM 624 and CR 69. Council Member
Garrett questioned the need for a signal at Ayers and Blevins, which is close to a signal at Ayers and
Tarlton. Mr. Seiler replied that it is very questionable whether a traffic signal should be removed
from an intersection that currently satisfies traffic signal warrants because of a possible liability
issue. He added that they are two offset "T" -intersections that operate as one intersection. Council
Member Noyola said the signal at Old Brownsville and Cliff Maus has been needed for a long time.
Mayor Neal called for comments from the audience on Items 23-26.
Mr. Jose Marroquin, 2433 Allencrest, said that a traffic signal is badly needed at the
intersection of Arlington and Clemmer, which has experienced numerous accidents. Mr. Colmenero
said he has discussed that issue with Mr. Seiler.
Assistant City Secretary Juarez polled the Council for their votes as follows:
23. M2002-066
Motion to approve staff recommendation for locations of new traffic signal improvements,
Phase 2, funded by 2000 Bond Program funds.
Minutes - Regular Council Meeting
February 26, 2002
Page 16
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
24. M2002-067
Motion authorizing the City Manager or his designee to execute a signal construction supply
contract in the amount of $1,160,490 with V.C. Huff Inc. for the construction of upgraded
traffic signal and new synchronization improvements funded by the approved 2000 Bond
Program (Bond Issue 2000 Projects 35 and 36).
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
25. M2002-068
Motion approving the purchase of traffic signal equipment from the following companies for
the following amounts, in accordance with Bid Invitation No. BI -0020-02, based on low bid,
low bid meeting specifications, only bid, and best bid for a total of $219,755.80. Funds have
been budgeted by the Street Department in FY2001-2002.
Paradigm Traffic System Texas Highway Products
Fort Worth. Texas Round Rock. Texas
Items 1, 8, 9 & 10 Item 13
$115,642 $4,500
Control Technologies Inc. Naztec, Inc.
Tomball. Texas Sugarland. Texas
Items2,5,6,7, 11 & 12 Items3&4
$74,738.80 $24,875
Grand
Total: $219,755.80
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
26. M2002-069
Motion approving the purchase of steel traffic signal structures from Baker Machine &
Welding, Victoria, Texas, based on low total bid in accordance with Bid Invitation No. BI -
0019 -02 for a total of $75,523.25. These steel traffic structures, which include 25 masts and
25 mast arms, will be used by the Traffic Signals Division of the Street Department (Bond
Issue 2000).
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
February 26, 2002
Page 17
Mayor Neal opened discussion on Item 27, renaming of Gypsy Park. There were no
comments from the audience. Council Members Scott and Chesney commented on the dedication
of Don and Sandy Billish, saying they were glad they could be recognized in this way. Assistant City
Secretary Juarez polled the Council for their votes as follows:
27. FIRST READING ORDINANCE
Ordinance waiving the 60 -day waiting period and publication of legal notice; renaming the
park at 15601 Gypsy Street on Padre Island from Gypsy Park to "Don and Sandy Billish
Park."
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Colmenero and Noyola absent.
*************
Mayor Neal opened discussion on Item 28, lease for copiers. Mr. Cruz-Aedo gave a brief
history of the copier contracts at City Hall. He said that on November 2, 2001, an RFP for a copy
system at City Hall was issued to 16 local vendors and on November 9th a pre -proposal conference
was held for interested bidders. On November 20th an amendment was issued and November 27th
was the closing date of the RFP. In November and December several staff meetings were held to
evaluate the proposals. He said of the four received, IKON Office Solutions and Braswell Office
Systems offered the most advantageous proposals. IKON gave a demonstration on January 7, 2002,
and two days later Braswell gave their demonstration to staff. Mr. Cruz-Aedo said that on February
1st, a nine -member city staff committee recommended awarding a lease to IKON for an estimated
three-year expenditure of $502,848. Mayor Neal called for public comment.
Mr. John Carlson, President of Braswell Office Systems, said that while the RFP process was
very detailed and thorough, it appears that IKON had an opportunity to convince the committee
members that their "tandem" (two -copier) solution would be better or equal to the Xerox DocuTech
(the company's publishing machine), which is currently being used in the city's print shop. He said
he does not know of any validation that IKON's two -machine process can accomplish the same
results as Xerox's existing system. He said there has been a drastic change to the architecture of
printing in the print shop. He said that cost -based comparisons are inequitable because Xerox and
IKON have two totally different systems.
Mr. Carlson discussed in detail the structure of the evaluation, which included the following
criteria and the maximum points to be allocated for each: proposed copier system, 30 points; project
understanding, 20 points; company profile, 20 points; and pricing, 30 points. He also addressed what
he said were Xerox's supposed deficiencies by explaining how the DocuTech machine is a superior
product and will meet the city's needs. He said city staff did not have the correct information when
they made their recommendation.
Ms. Beverly Caldwell said that Xerox brought in an analyst support team to evaluate the
Minutes - Regular Council Meeting
February 26, 2002
Page 18
city's needs and devise a solution. She discussed how their proposal, which consists of a software
front-end, would assist specifically in the preparation of the weekly agenda packets. She also
emphasized that Xerox, which has a guarantee of total satisfaction, provides industry -standard
equipment. Ms. Ann Marie Delasi said that during their initial discussions with city staff, Xerox staff
encouraged them to look into a network -copier -printer total solution. She said according to an
independent study, Xerox products are more productive on the network than the competition.
Council Member Scott asked about the DocuTech Publishing System's rating. Mr. Carlson
replied that Braswell proposed 135 copies per minute. Ms. Caldwell added that the DocuTech can
be run up to 4 million impressions per month.
Mr. Dan Besaw, branch sales manager of IKON Office Solutions, said the company's core
values are its customers, employees and integrity. He said they answered the city's RFP and gave
their best recommendation to meet the city's needs. He said IKON has a machine that performs the
same tasks as the DocuTech and is rated for over one million copies per month. However, he said
the city does not need a machine with that much capacity. In fact, the more the city puts the copiers
on the network, the less volume the print shop will have. He questioned why Xerox is not currently
performing the tasks it recommended in its proposal.
Ms. Pam Morgan, account representative for IKON, emphasized her company's expertise in
customer service. She also commented favorably on the RFP process. She added that according to
the evaluation criteria, IKON had the highest rating for project understanding.
Ms. Norma Allsup, also of Xerox, said that about 17 months ago she met with Mr. Mike
Barrera, the city's Procurement and General Services Manager, in which they discussed networking
the DocuTech; however, she said Mr. Barrera decided not to do that. She emphasized that Xerox is
available to provide service, technology and training.
Mayor Neal asked if the RFP was clear, and Mr. Cruz-Aedo said it was very clear. He
reiterated that the evaluation committee, which consisted of department directors and office workers,
reached a consensus that the IKON proposal was the best recommendation for the city.
Responding to Council Member Kelly, Mr. Besaw said that IKON has several tandem
systems in operation throughout Texas and the United States which produce over 400,000 copies per
month. Mr. Kelly also asked if Xerox is recommending the same system the city has already. Ms.
Allsup said they are, with major enhancements in the software capabilities and open architecture. Mr.
Kelly asked staff if they are satisfied that the IKON system will better suit the city's needs. Mr. Cruz-
Aedo said that Mr. Ogilvie Gericke, Director of Municipal Information Systems, was asked to serve
on the evaluation committee to ensure that the copier system would be compatible to the city's
computer system. He added that this recommendation best meets the city's requirements for the next
three years and it happens to cost less than the current contract.
In reply to Mr. Scott, Mr. Cruz-Aedo said staff was very specific in the RFP and in the pre-
bid conference. He added that staff has tested the IKON machines to ensure that they will do the job.
Minutes - Regular Council Meeting
February 26, 2002
Page 19
He noted that each city prepares their Council agendas differently. Mr. Barrera said that without
considering the cost of the print shop equipment (Xerox's DocuTech and IKON's tandem machines),
Xerox's proposal was higher in cost for the rest of the copier equipment.
Council Member Noyola asked if the IKON equipment will change the way the Council
agenda packets are produced. Mr. Barrera said the Council will not see any changes to their packets.
Mr. Noyola said he has talked to some of the employees on the committee and he agrees with the
recommendation of IKON.
Council Member Colmenero asked about the software. Mr. Cruz-Aedo said Xerox has now
come back and said they are offering open architecture, which the city prefers over proprietary
software. However, he said that was not a factor when the committee made their recommendation
because they were just considering the base proposals. Mr. Colmenero also asked about networking,
and Mr. Gericke replied that the city's existing computer infrastructure will accommodate both types
of machines. Mr. Cruz-Aedo said staff intends to begin transitioning into networking. Mr. Barrera
added that if the Council approves staff's recommendation, the city is required to give the current
vendor a 30 -day notice.
Council Member Chesney reiterated that he does not like RFPs and he used the example of
an item from last week's meeting (EMS accounts receivable collections) in which the current
vendor's track record was a large factor in staff recommending them. He said this week staff is not
emphasizing the track record of the company they are recommending. Mr. Chesney said he also
received conflicting information from Mr. Cruz-Aedo about Xerox's open architecture structure. Mr.
Cruz-Aedo replied that when he and Mr. Chesney discussed the issue, it was his understanding that
Xerox's application was closed architecture, which was not something the city was looking for. He
said when staff evaluated the proposals, it became clear that open or closed architecture was not
going to be part of the criteria and he tried to correct his earlier comments through a memo. A brief
discussion ensued.
Mr. Chesney asked if the recommendation is less or the same as what the city currently has.
Mr. Barrera said there are different ways of rating machines but IKON's tandem system has the same
basic capacity as the current DocuTech. However, he said the city did not ask for an "equal or better"
system but rather whether the proposal can perform the tasks required. He said he is convinced that
IKON can do so. Mr. Barrera pointed out that he did not tell any of the proposers which machines
the city wanted to use --it was up to each company to devise a solution for the city's needs. Mr. Bray
added that each proposer knew the evaluation criteria up front, including how much weight would
be given to cost.
Mr. Chesney asked why staff would recommend a three-year contract with a company with
which the city does not have a track record. Mr. Barrera said that while IKON has not done any work
for the city previously, staff checked their references and they are a proven company. In addition, the
committee felt that a three-year contract would be more economically feasible than a one-year
contract and not as lengthy as a five-year contract to accommodate rapidly changing technology.
-r-
Minutes - Regular Council Meeting
February 26, 2002
Page 20
Council Member Longoria commended staff, particularly Mr. Cruz-Aedo and Mr. Barrera,
for their efforts in this process. Council Member Kinnison said staff has spent about 100 hours
conducting these evaluations and the cost difference is approximately $325,000. He said he has been
speaking with Mr. Cruz-Aedo and the committee members about this issue over the last month and
he is very satisfied with staffs recommendation. City Secretary Chapa polled the Council as follows:
28. M2002-070
Motion authorizing the City Manager or his designee to enter into a three-year lease with
IKON Office Solutions, Corpus Christi, Texas for copiers in accordance with Request for
Proposals No. BI -0015-02 for an estimated three-year expenditure of $502,848. Funds have
been budgeted by the Print Shop in FY2001-2002 and will be requested for all subsequent
budget years.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Jack Gordy, 310 Norton St., discussed delinquent accounts in the Utility Department.
He said one of the companies has run up about $248,000 and a downtown hotel has about $50,000
in delinquent charges and neither of them have had their city utilities disconnected. He said the top
ten delinquent accounts total about $471,446 but if an individual's account is delinquent, it is shut
off. He said the Council needs to find out why this is being allowed to happen. Mr. Gordy also
questioned an attorney located across from Driscoll Hospital with very large business signs.
Council Member Scott said he forwarded the sign issue to staff. Council Member Kinnison
asked staff to also follow up on the delinquent accounts issue. Mr. Cruz-Aedo said that following
an open records request, staff provided the list of delinquent accounts to a citizen. He said many of
the accounts, particularly the largest commercial account referred to by Mr. Gordy, are in dispute.
He said staff has been working to resolve that with the company, which is staying current with its
monthly bills. The dispute is over an adjustment that was made to their account where the city
increased the amount it had charged in previous months. However, the city books the disputed
amount. He said only one of the top ten delinquent accounts has been turned over for delinquent
collections and faces a shut-off. He said no accounts receive special consideration --everyone works
through the same basic process --but additional steps are taken with commercial accounts, such as
an apartment complex.
Mayor Neal asked if there is a time frame for resolving the delinquent accounts. Mr. Cruz-
Aedo said there is, saying staff has been working with the one company for about a year trying to
resolve it and now they may have to take legal action. He said the disputed amount is not being paid
but the current monthly amounts are being paid in a timely manner.
Minutes - Regular Council Meeting
February 26, 2002
Page 21
City Manager Garcia said the issue has to do with how the city calculated the amount due,
which is relatively sophisticated based on the service the city provides. He said it is becoming a legal
issue in how much liability the city is willing to assume for the actions it is proposing to take. Mr.
Cruz-Aedo said the $247,000 was one adjustment over several years. Mr. Garcia said due to
confidentiality issues, this discussion should be held in executive session. Mr. Garrett asked if some
of the delinquent accounts have already been paid and Mr. Cruz-Aedo said they have been. In
response to Mayor Neal, he said the city has 85,000 accounts.
Mr. Jose Marroquin, 2433 Allencrest, referred to a particular customer's account, saying he
is still very concerned that the city shut off her service for an outstanding amount of $52. He also
said the city should not allow the number of delinquent commercial accounts that have occurred.
Mr. J.E. O'Brien, 4130 Pompano, said that according to the city's financial statement of July
31, 1996, the Utility Department had accounts receivable in excess of $9 million. Five years later
in 2001 those accounts receivable had increased to over $18 million. He also referred to the customer
discussed by Mr. Marroquin and the list of delinquent accounts, including that the Corpus Christi
Country Club owes the city over $8,000. He said he thinks it would be prudent for the Council to
request an investigation and an outside audit of all delinquent accounts in the Utility Department.
Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, said the petition
regarding the firefighters' pay raise will be turned into the city tomorrow with about 14,000
signatures that can be verified as registered voters. He said the requested 8.5% increase is not
retroactive to August 1, 2001; if approved, it would take effect on June 1, 2002. He said it is a one-
time salary increase that will not happen every year. He said that previously the firefighters were not
willing to accept zero pay raises and waited until the city was able to become more financially stable.
He said they have three options: settle the contract with City Manager Garcia; go to fact-finding; or
take the issue to the voters. Mr. Torres said they disagree about the tax increase, saying that if any
type of increase is warranted, it will be very limited.
Council Member Kinnison asked if the voters approve the firefighters' pay increase, whether
it would be in addition to what is worked out on the contract or whether it would totally replace
everything contractually. Mr. Torres replied that it would be a one-time salary increase. He said this
July it will be three years since the firefighters had a pay raise and two years since they began
operating under the "evergreen" clause. He added that the union would prefer to settle this issue with
the City Manager and if that does not work, they will have to go to fact-finding. If that is not
successful, they may have to take it to the voters.
In response to Mayor Neal, Mr. Torres said the 8.5% pay raise would not be in lieu of an
approved contract. He said anything that is presented to the Council by the fact -finder still has to be
taken to the union members to be ratified. The Mayor asked what would happen if the fact -finder
recommended a 7% pay increase. Mr. Torres said the firefighters will not take an 8.5% and a 7%
increase, reiterating that their first option is to settle with the City Manager. Mayor Neal pointed out
that fact finding cannot be accomplished before March 19th, which is the deadline for calling the
May 4th election. A brief discussion ensued and Mr. Torres said the firefighters are taking a request
._,.
Minutes - Regular Council Meeting
February 26, 2002
Page 22
for an 8.5% increase to the fact -finder, so basically it is the same.
Council Member Kelly asked if the dispute with the firefighters is worked out some time
after the petition is filed with the city, whether the election will be held regardless of an agreement
with the firefighters. Mr. Bray replied that he is not completely sure the issue can be withdrawn; he
will have to look at the Election Code. He added that if the voters approve a pay raise, it is binding.
He reiterated that the deadline to call the election is March 19th.
Mr. Noe stated that under the statute, once the Council receives the petition they have an
opportunity to present an alternative proposal to the petitioners in the form of a settlement. He said
if the settlement is rejected, the item goes on the ballot. Mr. Bray said part of the process is also the
length of time to get the signatures counted and then a period of time for the Council to make a
counter -proposal if it wants to. Mr. Kelly asked if the firefighters have the right to pull their own
petition, and Mr. Bray said he needs to research that question.
Mr. Garcia said there are many reasons for the city to continue to try to reach an agreement
with the firefighters. He said Mr. Torres pointed out that the firefighters' requested 8.5% increase
is not retroactive. However, the city has been negotiating an amount that would be retroactive to the
period when the last contract expired. He said the firefighters would be giving up substantial lump -
sum payments in favor of an 8.5% increase in the future. He said there are major financial issues
involved and staff would not put the city in a position of double jeopardy.
Council Member Colmenero said the Council has an opportunity to analyze this situation.
Council Member Kinnison questioned how staff plans to proceed because a major stumbling block
is that the city does not want to give a better deal to one union than it did to another union. Mr.
Garcia said he believes there are opportunities for discussion and many ways to approach this
situation while still maintaining the integrity of the city's negotiations with the police officers.
* * * * * * * * * * * * *
Mayor Neal announced the executive session (Item 29), pursuant to Texas Government Code
Section 551.071 regarding City of Corpus Christi Project #3219, Nourishment of Corpus Christi
Beach - 2001, with possible discussion and action related thereto in open session. The Council went
into executive session. The Council returned from executive session.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Garcia said the Council's next meeting
will be held March 5th and they will not meet March 12th due to the National League of Cities
Congressional City Conference in Washington, D.C. He discussed items planned for the March 5th
meeting, which will begin at 2 p.m. He said on March 19th there will be a joint meeting with the
Airport Advisory Board, followed by the regular Council meeting. Mr. Longoria said he will be out
of town on March 5th and it was decided to move the discussion about the skate park to March 26th.
Minutes - Regular Council Meeting
February 26, 2002
Page 23
In his report, Mayor Neal said he distributed to the Council a copy of the new resources guide
from Youth Opportunities United. He said they have asked that the document be distributed through
the courts, particularly the new juvenile court and the Juvenile Assessment Center. The Mayor also
said he received a letter about HB 1445 from the Executive Director of the Texas Municipal League.
Mr. Garcia replied that staff has looked at HB 1445, which basically encourages cities and counties
to coordinate their land use regulations in the extra -territorial jurisdiction (ETJ). He said that
currently the city is the only entity that effectively regulates the land use in the ETJ; the county does
not have a Planning Department per se. Mr. Noe said city and county staff met last week to discuss
things they can do to improve the level of service to the development community. Mayor Neal called
for Council concerns and reports.
Mr. Chesney said he appreciates staffs efforts in allowing the volunteer program at the
Animal Control Facility. He asked if the staff hours can be adjusted to ensure that someone is
available to answer the phone until 6 p.m. to accommodate citizens. Mr. Garcia said staff will check
into that. Mr. Chesney said he also wants to make sure that citizens' questions during the January
31, 2002 town hall meeting were adequately addressed. He said town hall meetings will be held in
District 4 on March 25th and April 1st. Mr. Chesney also complimented Gas Department staff for
fixing a gas leak at his home and the firefighters in battling the fire at the Omni Hotel.
Mr. Garrett said he has also received favorable comments about the improved situation at the
Animal Control Facility. He said it appears that work has stopped on the Ennis Joslin (Spur 3)
project. Mr. Angel Escobar, Director of Engineering Services, said he will provide information. Mr.
Garrett also urged people to be patient as construction intensifies on the JFK Causeway.
Mr. Scott asked about the timing on the Frost Bank building. Mr. Garcia said the hold up was
ordering the chillers, which were approved at this meeting. He said the move -in date for the
departments in the upper floors is now mid-May while the one-stop business center on the first floor
will open later. Mr. Scott also asked about signage on that building. Mr. Garcia said he and Mr. Mike
Carrell have had several discussions but have not yet reached a satisfactory conclusion.
Mr. Scott also asked about the city -county health department and Mr. Garcia said that
representatives of the health district have cancelled several meetings with city staff. He said staff was
told to contact the health district representatives again in late March.
Mr. Colmenero said there are recurring stormwater and wastewater problems at the
intersection of Vaky and Swantner. He also complimented the Fire Department for their efforts
during the Omni Hotel fire.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 6:44 p.m. on February 26, 2002.
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