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HomeMy WebLinkAboutMinutes City Council - 05/21/2002I 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 May 21, 2002, which were approved by the City Council on May 28, 2002. WITNESSETH MY HAND AND SEAL, this 28th day of May 2002. Armando Chapa City Secretary SEAL PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Bill Kelly Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Rex A. Kinnison John Longoria* Jesse Noyola Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 21, 2002 - 12:00 p.m. 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. Derrick Reeves, St. John Baptist Church, and the Pledge of Allegiance to the United States flag was led by Council Member Scott. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of May 14, 2002. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal said the Council would be going into executive session pursuant to Texas Government Code Section 551.071 regarding Items 2.a., 2.b., 2.c. and 2.d. and pursuant to Texas Government Code Sections 551.071, 551.072 and 551.087 on Item 2.e. The items were listed on the agenda as follows: 2.a. Executive session pursuant to Texas Government Code Section 551.071 regarding Larry Young et al v. City of Corpus Christi, No. 01-647-C, 94th District Court, Nueces County, Texas, and Mary Collins et al v. City of Corpus Christi, No. 01-646-C, 94th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 2.b. Executive session pursuant to Texas Government Code Section 551.071 regarding David Cook v. City of Corpus Christi, No. C-01-341, United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. 2.c. Executive session pursuant to Texas Government Code Section 551.071 regarding proposed Thomas J. Henry sign, with possible discussion and action related thereto in open session. 2.d. Executive session pursuant to Texas Government Code Section 551.071 regarding cable television franchise issues, with possible discussion and action related thereto in open session. 2.e. Executive session pursuant to Texas Government Code Sections 551.071, 551.072 and 551.087 regarding the South Wharf Project in the Corpus Christi Marina, with possible discussion and action related thereto in open session. Minutes - Regular Council Meeting May 21, 2002 - Page 2 The Council went into executive session. *Council Member Longoria arrived at approximately 12:05 p.m. The Council returned from executive session. Mayor Neal made the following motion, which was seconded and passed as follows: 2.a. M2002-136 Motion authorizing the City Manager, in Larry Young et al v. City of Corpus Christi, No. 01- 647-C, and Mary Collins et al v. City of Corpus Christi, No. 01-646-C, 94th District Court, Nueces County, Texas, to continue the employment of Denton, Navarro, and Bernal for legal services, subject to certification of funds. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 3 and the Animal Control Advisory Committee Leonides Botello Jr. Sherry Dunlap Water Shore Advisory Committee Alan Dinn (Reappointed) Steven Moody (Reappointed) Tom Anderson (Reappointed) Dr. JoAnna Mott (Reappointed) William Grant Fergeson following board appointments were made: Coastal Bend Health Facilities Dev. Corp. Jack Solka (Reappointed) Erika Escobedo-Benson (Reappointed) Judy Telge (Reappointed) Dr. Richard Davis (Reappointed) Annie J. Castro (Reappointed) Dr. Lawrence Wilk (Reappointed) Dan Winship (Reappointed) Electrical Advisory Board Shane Torno * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 4-15). Council members and an audience member requested that Items 10 and 13 be discussed. City Secretary Chapa polled the Council for their votes and the following passed: 4. M2002-137 Motion approving a supply agreement with National Meter Inc., of Lancaster, Ohio, for approximately 4,625 gas meter valves ranging in size from 1" to 11/2" in accordance with Bid Invitation No. BI -0074-02 based on low total bid for an estimated annual expenditure of $47,275. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department for FY2001-2002. Minutes - Regular Council Meeting May 21, 2002 - Page 3 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 5. M2002-138 Motion authorizing the City Manager or his designee to execute a construction contract with N.R. Johnston Electric Inc. of Corpus Christi, Texas, for a total fee not to exceed $42,104 for the Wesley Seale Dam operations center emergency generator. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6. M2002-139 Motion authorizing the City Manager or his designee to execute Change Order No. 3 with Insituform Technologies Inc., of Houston, Texas, in the amount of $182,861.75 for the sanitary sewer trunk main rehabilitation (Staples/Timbergate). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7. M2002-140 Motion authorizing the City Manager or his designee to execute Amendment No. 5 to an engineering services contract with Bath Engineering Inc., of Corpus Christi, Texas, in the amount of $39,650 for a total re -stated fee of $559,978 for the wastewater microwave communication system. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8. ORDINANCE NO, 024878 Ordinance abandoning and vacating a 5,834 -square foot portion of a 10 -foot wide utility easement out of Lots 1A and 2, Share III, C.C. Hart Partition; requiring the owner, Nueces County Emergency Services District No. 1 (Annaville Volunteer Fire Department) to comply with the specified conditions and replat the property within 180 days at the owner's expense. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.a. M2002-141 Motion authorizing the City Manager or his designee to accept funding in the amount of S17,987.89 from the West Oso Independent School District E=MC2, 2151 Century grant Minutes - Regular Council Meeting May 21, 2002 - Page 4 program to provide a structured summer recreation program for junior high students. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.b. ORDINANCE NO. 024879 Ordinance appropriating $17,987.89 from West Oso Independent School District E=MC2, 2151 Century grant program in the No. 1050 Federal/State Grants Fund to provide a structured summer recreation program for junior high students. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.c. RESOLUTION NO. 024880 Resolution authorizing the City Manager or his designee to execute an interlocal cooperation agreement with West Oso Independent School District to operate a summer teen recreation program. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.a. ORDINANCE NO. 024882 Ordinance appropriating $462,181 from increased revenues of the Hotel Occupancy Tax Fund and transferring the full amount to the General Fund to be used for beach maintenance and safety of newly annexed property on Mustang Island; amending Ordinance No. 024528 which adopted the FY2001-2002 budget by increasing both revenues and appropriations by $462,181 in the Hotel Occupancy Tax Fund. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.b. ORDINANCE NO. 024883 Ordinance appropriating $525,671 from increased revenues of the General Fund to be used for beach maintenance and safety of newly annexed property on Mustang Island; amending Ordinance No. 024528 which adopted the FY2001-2002 budget by increasing both revenues and appropriations by $525,671 in the General Fund. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting May 21, 2002 - Page 5 12.a. M2002-142 Motion authorizing the City Manager or his designee to execute a contract with Collier, Johnson and Woods to perform the financial and compliance audit requirements for fiscal years ending July 31, 2002 and July 31, 2003, in the estimated amount of $123,000 for fiscal year 2001-2002, and an estimated amount of $130,000 for fiscal year 2002-2003 subject to the availability of funds. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 12.b. M2002-143 Motion authorizing the City Manager or his designee to contract as needed with Collier, Johnson and Woods for additional assistance in the CAFR (Comprehensive Annual Financial Report) preparation for implementation of the new GASB (Governmental Accounting Standards Board) Statement No. 34 financial reporting model at their standard hourly rate, at an estimated amount of $10,000 subject to the availability of funds. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 14. ORDINANCE NO. 024884 Ordinance appropriating $60,000 from the Refinery Terminal Fire Company in the No. 1020 General Fund, Contributions and Donations Fund, for the purchase of information and video displaying system for the City's Emergency Operations Center (EOC). An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 15. ORDINANCE NO. 024885 Ordinance authorizing the City Manager or his designee to execute a five-year lease with Santa Fe Soccer League, a non-profit organization, for the use of city property, North Pope Park and South Pope Park, for its soccer program and in consideration of Santa Fe Soccer League maintaining the premises and improvements. 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 10, "C Sculptures" event. Responding to Council Member Kinnison, City Manager Garcia said the problems that have arisen regarding this event have Minutes - Regular Council Meeting May 21, 2002 - Page 6 to do with Nueces County and not the city. He said city staff has had several meetings with the event promoters since this is the first year it will occur under city permitting requirements. He said the Police Department has helped them address several issues, including their liquor license, and this permit reflects the substance of that agreement. He noted that some of the event will occur in a county park and they have their own requirements. City Secretary Chapa polled the Council: 10. RESOLUTION NO. 024881 Resolution authorizing the issuance of a permit to Clear Channel Radio for the outdoor music festival, "C Sculptures," on the Gulf Beach at Newport Pass County Park in the Corpus Christi City limits. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, legal services contract. Mr. J.E. O'Brien, 4130 Pompano, quoted from the Council members' oath of office and from Article IV, Administration, Section 7 regarding certification of funds and Section 9, which states that contracts and ordinances that are adopted contrary to the previous sections of the charter shall be void. He said the Council's previous action to hire Fulbright & Jaworski was a violation of the charter because funds were not certified prior to that action which, he said, is null and void. In addition, he said action on Item 13 will also violate the charter. Mayor Neal asked City Attorney Bray to respond to Mr. O'Brien's comments. Mr. Bray said the charter states that a contract may not be entered into prior to certification of funds. He said the Council authorized the City Manager to execute a contract subject to the certification of funds, and he cannot execute the contract until the funds are certified. He said that is in conformity with the charter. City Secretary Chapa polled the Council for their votes as follows: 13. M2002-144 Motion authorizing the City Manager to execute a legal services contract with Michael Terry, Attorney at Law, to serve as co -counsel with Fulbright & Jaworski, LLP, to represent the city in its negotiations with Leon Loeb on the South Wharf Project and with Landry's Restaurants Inc. on the city's marina operations and development project, subject to certification of funds. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Minutes - Regular Council Meeting May 21, 2002 - Page 7 Mayor Neal opened discussion on Item 16, sculpture garden near the arena and convention center. City Manager Garcia said there was a detailed presentation on this issue on April 30, 2002. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 16. M2002-145 Motion authorizing initiation of contract negotiations with artists Michael Manjarris for the complete development and installation of a sculpture garden to include six artists: Luis Jimenez, James Surls, Charmaine Locke, John Buck, Mel Chin and Michael Manjarris for the convention center/arena project in the amount of $500,000. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, Reinvestment Zone No. 2 board of directors. City Secretary Chapa said that Council Members Garrett and Kelly would be abstaining on this item. He said the terms on that board of the other seven Council members have expired and new members have to be appointed prior to the board meeting on May 28, 2002. There were no comments from the audience. Mr. Chapa said the Council can appoint more members if they wish. In November 2000 they appointed seven Council members because Council Members Garrett and Arnold Gonzales had filed disclosure affidavits regarding this issue. Responding to Mayor Neal, Mr. Garrett and Mr. Kelly both said they were abstaining because they own property on Padre Island. There was a motion to appoint the following to the Corpus Christi Reinvestment Zone No. 2 Board of Directors: Mayor Neal and Council Members Chesney, Colmenero, Kinnison, Longoria, Noyola, and Scott. Mr. Chapa polled the Council for their votes: 17. M2002-146 Motion appointing City of Corpus Christi board member representatives to Corpus Christi Reinvestment Zone No. 2 Board of Directors. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett and Kelly abstaining. In reply to Mr. Kinnison, Mr. Bray said the Nueces County Hospital District, Del Mar College, Nueces County, and the Flour Bluff ISD have the right to appoint a member to the board. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 18, Mustang Island Fire Substation and Park and Recreation beach services facility. Mr. Angel Escobar, Director of Engineering Services, said that on November 14, 2000 voters approved the construction of Substation #16 and the city has acquired Minutes - Regular Council Meeting May 21, 2002 - Page 8 two acres of land out of the northern -most portion of Mustang Island State Park. He said the bids came in below the architect's estimate and he further explained these projects and responded to Council members' questions. He noted that barring any delays, the fire substation should be ready for occupancy by October 2002. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18.a. ORDINANCE NO. 024886 Ordinance appropriating $235,357 from the Unappropriated Street Assessments in Street Capital Projects Fund No. 3530 for the construction of the Mustang Island Fire Substation and Parks and Recreation beach services facility; amending Ordinance No. 024730, which adopted the FY2002 Capital Budget to increase appropriations by $235,357. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 18.b. M2002-147 Motion authorizing the City Manager or his designee to execute a construction contract with Southern Contracting Inc., of Corpus Christi, Texas in the amount of $473,800 for the Mustang Island Fire Substation and Parks and Recreation beach services facility. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, formal adoption of the Consolidated Annual Action Plan. There were no comments from the audience. City Secretary Chapa polled the Council: 19.a. M2002-148 Motion adopting the FY2002 Community Development Block Grant (CDBG), Emergency Shelter Grants (ESG) and the HOME Investment Partnerships (HOME) programs. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 19.b. RESOLUTION NO. 024887 Resolution adopting the City of Corpus Christi Consolidated Annual Action Plan (CAAP) for community planning and development programs for FY2002; authorizing the City Manager or his designee to submit the CAAP to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes in the CAAP if required by the U.S. Department of Housing and Urban Development. Minutes - Regular Council Meeting May 21, 2002 - Page 9 The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." ************* Mayor Neal opened discussion on Item 20, occupancy of vessels in the marina. Mr. Tony Cisneros, Director of Park and Recreation, said the agenda support material contains both the Water/Shore Advisory Committee's recommendations and staff's recommendations (which are similar but with some differences in wording). City Manager Garcia said the proposed changes would exempt transient vessels from certain restrictions. Responding to Council Member Scott, Mr. Cisneros said there are some boats in the marina which have not been taken out of their slips in months or years, while there are others which travel from marina to marina. The latter vessels usually have sufficient pump -out equipment to accommodate longer stays by their occupants. Mr. Scott suggested that in the future staff include the minutes of the particular advisory committee if their recommendation differs from staff's recommendation. Mayor Neal also asked that the committee chairpersons be available at the Council meetings when a controversial issue is discussed. Council Member Chesney asked how staffs proposal differs from the Water/Shore Advisory Committee's proposal. Mr. Cisneros said the main difference is the title of that section of the ordinance: staff wants to retain the title, "Prohibition Against Living Aboard Water Craft" and the committee recommends calling the section, "Living Aboard Water Craft." Mr. Chesney said that regardless of what happens with the Landry's proposal, he would like to see the live -aboard issue finally resolved. Council Member Longoria said that for the time being, the majority of the Council has said they are not ready to allow live-aboards in the marina. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE Ordinance amending Section 12-45.1, Code of Ordinances, relating to occupancy of vessels in the marina. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 21, cable franchises. Mr. Mark McDaniel, Director of Management and Budget, gave a computer presentation in which he discussed the city's cable franchise history beginning with a franchise agreement signed in 1981 with Athena Cablevision. Subsequently, several mergers and two significant changes in federal law have occurred. The legal changes impacted the city's ability to negotiate the franchise agreements as well as changed several Minutes - Regular Council Meeting May 21, 2002 - Page 10 requirements. In addition, in 1999 the city entered into a franchise agreement with ClearSource and that same year TCI and AT&T merged. Mr. McDaniel then outlined the actions under Items 21.a. -21.d. He said that Item 21.a. is an ordinance amending the master cable services regulatory ordinance governing the use of city streets, etc.; 21.b. is an ordinance granting to Texas Cable Partners Inc. (Time Warner) a non-exclusive 15 - year franchise; 21.c. is an ordinance amending the ClearSource franchise; and 21.d. is an ordinance consenting to the transaction between ClearSource and Grande Communications. Mr. McDaniel said that a significant change to the master cable services ordinance that staff is recommending provides for new public access rules and procedures that move the scheduling responsibility for the public access channel (Channel 10) from the cable operator to the Public Access Users Group (PAUG). In addition, the PAUG will administer the existing rules and procedures; the Religious Access Users Group (RAUG) already sets the schedule for the religious access channel (Channel 18). In response to Mayor Neal, Mr. McDaniel said that the PAUG does not meet very often while the RAUG does. The Mayor pointed out that the PAUG is not a governmental board or commission. Ms. Susan Cable, Director of E -Government Services, said the PAUG was established as a result of the first franchise agreement with Athena Cablevision. She said it consists of the users of the public access channel. Mr. Bray pointed out that the PAUG's rules were approved by the Cable Commission under the ordinance. Replying to Council Member Kinnison, Ms. Cable said that currently the incumbent cable operator decides the scheduling of the public access channel and the proposed change would give that responsibility back to the users group. She said the RAUG has already been doing that for years. Mr. McDaniel said there will be 28 days between the first and second readings of the ordinance, during which time more input can be received from PAUG members. Mayor Neal called for public comment on Item 21.a. Mr. Abel Alonzo, 1701 Thames, questioned how city staff developed their recommendations, saying that he and others were not included in the discussions. Ms. Cable explained that the rules and procedures are already in place but they have not been followed and public access users are not aware of them. She said that city staff, working with the Cable Commission, can set up meetings with the public access users to inform them of the rules. Council Member Kelly said that one of the proposals --about which some users have objected- -is to require public access users to provide two video tapes of their programs to be aired on both Time Warner and ClearSource. He asked if the city could provide equipment to allow for rapid, high- quality reproduction of tapes. Mr. Garcia said the city could do so if the Council directed. Mr. Jose Marroquin, 2433 Allencrest, said it will be difficult for the public access users to abide by the proposed requirements if they do not have the proper equipment. Ms. Billie Wilkerson said she assists with the production of "South Texas Politics," which Minutes - Regular Council Meeting May 21, 2002 - Page 11 utilizes Time Warner's studio. She said that and many other programs provide a valuable service to the community and she urged the Council to vote in favor of the "small people." Mr. David McBride said that if the Time Warner studio is shut down, users will not be able to take advantage of the editing and production equipment. He also referred to a court case in Palestine, Texas, involving use of the public access channel there. Ms. Dorothy Spann referred to Item 21.c., the ordinance amending the ClearSource franchise to require cablecasting of public, educational and govemment access channel programming within 30 days of the effective date. Responding to Ms. Spann, Mr. McDaniel said ClearSource would be in violation of their franchise if they did not comply. Mr. Bray said as with any franchise violation, the company would be given notice and would be subject to penalties and possibly forfeiture of the franchise for an unresolved, continuing violation. Ms. Spann also expressed concern about not being able to contact Time Warner's general manager. Mr. Armando Camina said he has a public access program called "Mondo Power Thoughts." He said he is a vocal, positive supporter for all public access users and those who believe in freedom of speech and religion. He said if the public access studio closes, it will eliminate freedom, especially for the disadvantaged. Mr. Mark DiCarlo said that Time Wamer has not abided by its contractual duties to citizens regarding public access. He said the company has already begun to do away with Channel 10 before the expiration of its contract. Mr. David Pontermiel expressed gratitude for the public access channel used by his church and he expressed concern about the possibility of the studio closing down. He said public access is a gift of democracy and he encouraged the city to do what it can to assist the users. Mr. J.E. O'Brien said the Council should table Item 21 until the public has some input into the proposed rules and regulations. He said the public has three options: start a campaign to cancel cable and switch to satellite service; take legal action; or campaign to replace Council members who seek to stifle public dissent by approving Items 21.b. and 21.c. Mr. Jerome Bradford, the host of "Black Perspective," said he is strongly against the requirement of having two video tapes and against the closure of the public access studio. He urged the Council to consider this item very carefully. Referring to one of Mr. Bradford's comments, Mayor Neal said that while a public access user cannot promote a political candidate, he or she can have candidates as guests on their shows. In response to Mr. Kinnison, Ms. Lisa Aguilar, Assistant City Attorney, said that in one of the attachments to the Athena Cable franchise (which is the current one), there is a provision that says Athena would provide approximately $2,500 per year for an annual awards ceremony for local program producers. Mr. Kinnison asked staff to find out if that provision has been complied with. Minutes - Regular Council Meeting May 21, 2002 - Page 12 Ms. Mary Beth Nelson said that 21 years ago the Council had a vision to make cable television useful to everyone through the public access channels. However, she said the public access users have never gotten that support from the cable provider. She discussed several specific concerns about the proposed requirements. Mr. Rene Saenz, co -host of "South Texas Politics," said the Cable Commission members passed a resolution opposing Item 21.a. He said the public access users would like to meet with the Council members to discuss their concerns. Mr. John Marez, the other co -host of"South Texas Politics," discussed the services provided by the public access programs, including helping to educate citizens, such as through televised debates between political candidates. Mr. Roland Garza said the public access users were never notified about the proposed changes. He discussed the mentality of a government entity and the determination of Blacks in Montgomery, Alabama, in the 1960s. He said good governing and responsibility in Corpus Christi will help avoid a lawsuit here. Mr. Jack Gordy asked how many of the Council members reviewed the public access users rules. He said if adopted, there will be no more live programs on the public access channel and he urged the Council to keep the studio open. Mr. Mike Chavez said he has had programs on the public access channel, which provides a venue for good information for the community. Mr. Bob Jones said that public access is probably one of the most basic of people's constitutional rights. He said most or all of the Council members have been guests of public access programs. He said the use of the studio should be maintained until a suitable altemative is developed. Mr. Santos Ronje said many political candidates have participated in public access programs during their campaigns. He asked the Council to table this item to allow users and cable representatives to further discuss it. Mayor Neal called for a brief recess. Upon reconvening, the Mayor called for other public comments. Mr. Richard Cavada also spoke in support of public access and he encouraged the Council to not increase the inequities of the underprivileged. Mr. Solomon Ortiz Jr. said that public access is one of the best ways that citizens can speak out about various issues that are important to them. Mr. Adam Reyes said he is studying communications at Texas A&M -Corpus Christi and he is speaking in support of public access, which provides public education. Minutes - Regular Council Meeting May 21, 2002 - Page 13 Ms. Stephanie Guerrero, Vice President of LULAC Council #4444, said there are other avenues available if the Time Warner studio is closed but there is a cost associated with it. Nueces County Commissioner David Noyola said that freedom of speech is important to everyone but it comes down to money. He said the Council members are elected to make these difficult decisions and he urged them to go back to the table. Mr. Danny Noyola said they can agree that public access needs to be maintained and/or improved. He suggested that a partnership can be formed for the use of other studios. Mr. Danny Noyola Jr. said that closure of the public access studio will most negatively affect those on the lower end of the economic scale. Mr. George Iniguez discussed how he used the public access channel to share information about AIDS and HIV because it is not disseminated on the other channels. He said the Time Warner studio is not technologically current. Mr. McDaniel responded to some of the speakers' comments regarding Item 21.a. He said the rules under "Exhibit A" of the master cable services regulatory ordinance have been in place at least since the mid-1990s while proposed changes can be further discussed. Mr. McDaniel then continued with his presentation on Items 21.b., 21.c. and 21.d. He said that key issues impacting the negotiations for franchise renewal include: mergers and ownership transfers of cable operators; changes in applicable federal regulations; and difficulty in reaching agreement regarding support for public, educational and governmental (PEG) access and for an institutional network. He said that key provisions for Item 21.b. are a 15 -year franchise term with Time Warner; 5% franchise fee; build out in all areas with 30 homes per aerial mile; institutional network (fiber to city facilities); and capital support grants of $200,000 in the first year and $50,000 in the seventh year. Other provisions include: four access channels (two public and one each for government and education) with triggers to six channels; and "plug and play" of public access shows with the schedule to be developed by a users group. He noted that if other franchised cable operators fail to provide cable casting for PEG access within 30 days of the effective date, Time Warner's obligations for public and government access will cease. He said the reason for that provision is to maintain equity, which is very clear in the federal law. There are also provisions for free basic cable service to each city building and K-12 school campuses and provisions requiring a level playing field. Mr. McDaniel said that with regard to Item 21.c., the current ClearSource franchise states that the city will "use its best efforts to require the incumbent cable operator (Time Warner) to provide a feed to ClearSource for PEG channels, with companies sharing costs." However, operators have not been able to reach agreement on that provision. He said the ClearSource franchise needs to be amended to provide the following PEG services: playback services for both public access channels within 30 days of the amendment's Minutes - Regular Council Meeting May 21, 2002 - Page 14 effective date; fiber connections for educational and governmental channels; and the initiation of cable casting of the government channel within 45 days of the second reading and of the education channel within 30 days of the effective date. The Budget Director said that in consideration for the franchise amendment, ClearSource and Grande Communications are requesting that the city consent to their transaction, which is Item 21.d. Mr. Gordon Harp, General Manager of Time Warner Cable (TWC), said he represents the company's 215 Corpus Christi employees, some of whom were present at the meeting. He said TWC voluntarily elected to provide the studio and equipment during the franchise negotiations while also paying the full 5% franchise fees. He said TWC is pleased to have engaged in an informal negotiation process with the city and the company feels that the resulting agreement is in the best interest of TWC, the city and cable subscribers. Mr. Harp said the proposed franchise guarantees two full-time public access channels and expands overall public access to include all cable operators. He said for the vast majority of public access users, the only significant change will be the requirement of two tapes—one for TWC and one for ClearSource, both of which will do "plug and play" of the shows. He said TWC will also donate cameras and editing equipment to either a local non-profit organization, school or library if such donation will help facilitate the copying of tapes. Mr. Harp noted that the franchise only eliminates the maintenance of the studio and equipment at TWC's office on SPID but it does not eliminate public access. He said during negotiations, they have worked hard to provide for a level playing field for all cable operators. He said currently there are 92 public access users, of which only 11 regularly use the studio. There are an additional 14 producers who use the cameras and editing equipment. Ms. Susan Patton, Vice President of Public Affairs for the Southwest Division of Time Warner, said the use of the public access studio has declined over the years due to technological advances and the availability of low-cost alternatives. She said overall the TWC studio is used about 60 hours a month at a cost of $153,977 per year, which is ultimately borne by the customers. She said that due to changes in federal law, the city cannot require that the operational cost of a studio be paid by the cable operator. She also discussed the situation in Palestine, Texas. She said the issue is not freedom of speech because two access channels are guaranteed under the franchise. She said that while the public forum is available, the production of public access shows does not necessarily need to be free to the users. Mr. John Bell, an attorney representing Time Warner, said the frustrations expressed by the speakers are due to changes in federal law and in the cable business. He said most other cities have addressed those changes by letting the users independently form a cooperative or non-profit organization. He said it is unfair to place the burden of providing a studio on one company when the other cable operator does not have that burden. He said TWC staff have been working to resolve this issue for the last year and a half. He reiterated that public access will actually be expanded under the franchises. He urged the Council to pass the franchise on first reading and during the next month Time Warner will work with staff and the users to devise a creative solution to the concerns raised. Minutes - Regular Council Meeting May 21, 2002 - Page 15 Responding to Mayor Neal, Mr. Harp said that Time Warner has 110,000 household subscribers. The Mayor said that is 40,000 more than the city's utility customers. Mr. Harp said that total amount includes connections to 28,000 apartment units. Mr. Scott Smyth, Vice President of ClearSource, introduced Ms. Becky Weaver, General Manager in Corpus Christi, and Ms. Martha Smiley, Executive Vice President of Grande Communications and Paul Lewis, also of Grande Communications. Mr. Smyth said that when he joined ClearSource a few years ago, it was a new company with the innovative concept of bundling three services: cable, internet and phone service. He said ClearSource has a 7'A -year opportunity to build out its fiber optic network throughout the city, which is a very expensive and time-consuming task. He said that to date, ClearSource has built out about one-third of the community. However, Time Warner has been able to finish building out their network since the 1970s and fully recover their costs through the monthly cable subscriptions. He said ClearSource continues to work with staff and he said they are very impressed with staffs dedication throughout this process. Ms. Smiley said Grande Communications is looking forward to coming to Corpus Christi. She said her company has been tightly linked to ClearSource for several years in this very capital - intensive business. She said the combination of the two companies will occur in the next 30 to 45 days and it is very important to them that the Council approve the transaction in Item 21.d. Responding to Council Member Longoria, Mr. Harp said the studio's costs of about $153,000 per year are based on the operating hours of 8 a.m. to 9 p.m. Monday through Friday. * * * * * * * * * * * * * Mayor Neal postponed further discussion on Item 21 in order to hear public comment on non - agenda items. Mr. Richard Cavada, 1209 S. Alameda, said that about a year ago he spoke against the privatization of the city's water and wastewater treatment plants. He said that instead the reengineering efforts have saved almost $2 million per year. He said he is glad to hear that city employees' salaries should be increasing. Mr. Jack Gordy, 4118 Bray Dr., said he has witnessed employees driving city vehicles without their seat belts fastened. He also said that a state official called the city's Code Enforcement Department to inform them that existing political signs must come down and can be put up 90 days before the November election. He said that as of this morning, the city has still not sent out letters to sign violators. Mr. Danny Noyola said that on behalf of the Moody community and the Moody Civic - Minded Students, he wished to thank the Council and city staff for the CDBG funds for street and drainage improvements in the Sunnybrook and Mansheim areas. Mr. Noyola also thanked the Council for accepting the Moody students' invitation to attend meetings at the school regarding their neighborhood economic development and community empowerment zones proposal. He invited any interested groups and the media to attend the meetings on May 22nd and 23rd and he asked that they Minutes - Regular Council Meeting May 21, 2002 - Page 16 also be allowed to make their presentation during a Council meeting. Mr. Rene Saenz noted that voter turnout for local elections is usually very low. He said the Del Mar Board of Regents changed their election date to coincide with the November general election. He urged the Council to follow suit. Responding to Council Member Chesney, City Secretary Chapa said the city could do that but they would have to amend the City Charter. Ms. Kay Noyes, 930 Coral, said her grandson was injured in a motorcycle accident and his passenger was killed and neither of them were wearing helmets. Council Member Scott said Ms. Noyes had a question about an incident in her neighborhood. Mr. Garcia asked Assistant Police Chief Ken Bung to speak with her. Mr. Danny Noyola Jr. said he is glad that the Council will be meeting with the Moody Civic - Minded Students. He said the District 3 Council representative asked that the students be allowed to make a presentation during a Council meeting. He said he sees no reason why that cannot occur. Ms. Dorothy Spann said that when the Del Mar Board of Regents moved the election date, the cost was more than doubled although the voter turnout also greatly increased. She also spoke in favor of the South Wharf project. * * * * * * * * * * * * * Mayor Neal returned to the discussion on Item 21 regarding the cable franchises. Mr. Chesney said the Council has been very open to the issue of public access. For people to say the Council has not met with them is incorrect because no one has asked him to do so. He said this is not an attempt to end public access; it just makes it inconvenient for the producers of 8 or 10 shows because they will have to make other arrangements. He said with an annual cost of $153,000, he does not believe the community as a whole is willing to pay $2.3 million to $3 million (with inflation) over the 15 -year term of the franchise to keep the public access studio open. He reiterated that TWC is willing to donate the equipment if a location can be found and he urged people to work together to do that before the second reading next month. Mr. Garrett emphasized that the Council is not considering eliminating public access. He asked how many live shows are produced. Mr. Bell said there is just one. Mr. Harp and Mr. Garcia also explained specific regulations such as the color bars, the need for two tapes, and repeat times for programs. Mr. Noyola said there are 92 groups that air programs on public access, with 11 using the studio and 14 using the editing equipment. He said that while TWC spends about $153,000 a year to operate the studio, they receive a great deal of money from the cable subscribers, including the public access users. Responding to a question from Mr. Noyola, Mr. Bray said the Palestine case never received a judgment in court. Mr. Scott read back some of the comments made by the public, including that the Council Minutes - Regular Council Meeting May 21, 2002 - Page 17 is denying the people their constitutional rights and that the Council's actions can be compared to government oppression of the poor and minorities. In reply to Mr. Scott, Mr. Bell said the equipment currently in use at the TWC studio is sufficient to comply with the standards discussed in the rules. Mr. Scott asked about the use of the $200,000 one-time capital infusion. Mr. Ogilvie Gericke, Director of Municipal Information Systems, said it would be used to improve the broadcasting capabilities of the Emergency Operations Center. Mr. Scott also asked about additional public access channels and Mr. McDaniel discussed how that process works. Mr. Scott noted that the Council had committed to a substantial salary increase for employees and he questioned whether the city could fund the $150,000 for the public access studio. Mr. McDaniel noted that a recent federal ruling deemed that high-speed internet access is not part of the revenue base of a franchise fee. He said the city is challenging that ruling but there is the potential of a drop in revenue. Mr. Colmenero discussed the changes that have occurred as a result of federal cable regulations and he said the Council needs more specific information about the public access use. He emphasized that this proposal is merely a loss of access to technology and not to the public access channels themselves. He also asked questions about the equipment and he discussed the implications of the city taking on the operation of a public access studio. He said the Council should approve this item on first reading. Mr. Kinnison said this is strictly a dollar and cents issue. He said the city cannot force TWC to operate the studio. Mr. Bell said that according to the federal regulations, operating subsidies are required to come out of the 5% franchise fees the company pays to the city and capital costs can be passed through to customers. He said the company is not willing to increase the cost of service. Responding to other questions from Mr. Kinnison, Mr. Garcia said staff strongly recommends against the city taking over the operation of the public access studio. Mr. Kinnison asked if an alternative would be to limit the amount of time the studio is available to the public. Additional discussion ensued. Mr. Garcia pointed out that according to TWC, there are two local studios that provide services for about $125 an hour. Mayor Neal asked about Mr. Kinnison's suggestion to have TWC limit the time availability of the studio in order to reduce costs. Mr. Bell said the current operating standard has been full-time availability. However, he said Time Warner is not willing to continue providing a public studio at their facility for two reasons: the operating cost would have to be deducted from the franchise and it would create an unfair situation since ClearSource is not required to provide a public studio. He added that TWC informed city staff of their position on the studio in November 2000 and agreed to keep the studio open pending the resolution of the new franchise, but it cannot be a requirement of the franchise. He also said that the proposed rules will continue to apply with a public access users group and a plug -and -play operation. Mr. Garcia said this issue is very heavily regulated by federal law and the city and TWC have been involved in a voluntary negotiation process for about two years. As a result, the city cannot arbitrarily terminate their franchise agreement. Mayor Neal said he does not object to the franchise agreement but he was not aware that TWC would cease operating the studio. Minutes - Regular Council Meeting May 21, 2002 - Page 18 City Secretary Chapa polled the Council for their votes as follows: 21.a. FIRST READING ORDINANCE Ordinance amending the master cable services regulatory ordinance governing use of city streets, lanes, avenues, alleys, sidewalks, bridges, rights-of-way, easements, highways and other places in the City of Corpus Christi, Texas by providers of cable services. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No." 21.b. FIRST READING ORDINANCE Ordinance granting to Texas Cable Partners Inc. (Time Warner) a non-exclusive franchise to construct, maintain, and operate for a period of fifteen years, and during any extensions thereof, a cable television system and facilities and additions thereto, in, under, over, along, across and upon the streets, lanes, avenues, alleys, sidewalks, bridges, rights-of-way, easements, highways and other places in the City of Corpus Christi, Texas. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No." 21.c. FIRST READING ORDINANCE Ordinance amending Section 6.2 of the ClearSource franchise regarding public, educational and government access channels. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No." 21.d. FIRST READING ORDINANCE Ordinance approving the transaction between ClearSource Inc. and Grande Communications Holdings Inc., subject to requirements. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No." Mayor Neal said there are no more negotiations with regard to TWC operating a studio under their franchise agreement. Mr. Chesney said there is an opportunity for a cooperative arrangement for public access users. The Mayor called for a brief recess. * * * * * * * * * * * * * Upon reconvening, Mayor Neal referred to the presentations on the day's agenda. The first Minutes - Regular Council Meeting May 21, 2002 - Page 19 presentation (Item 23.a.) was regarding the status of the business plan for the J.C. Elliott Landfill and the future Cefe Valenzuela Landfill. Using a computer presentation, Mr. Tim Bratton, of Gershman, Brickner & Bratton Inc. (GBB), said the purpose of the plan is to assist the city with overall landfill development and operations. He said that GBB focused on contractor procurement needs and transition planning; reviewed selected development alternatives and economic implications; addressed other re- engineering projects and initiatives; and examined opportunities for public/private partnerships in the city's interest. Mr. Bratton explained that the Elliott Landfill currently serves over 300,000 people and is scheduled to close by 2005. He said waste flows to Elliott have declined from over 480,000 tons per year in the late 1990s to about 360,000 tons per year, largely due to the opening of the competing landfill in Robstown called El Centro. He said the Cefe Valenzuela Landfill (known as the "Cefe Landfill") is scheduled to open in 2005 as a transition prior to the closing of Elliott. It will require $13 million in construction costs over 2003-04. Mr. Bratton said that based on capacity, Cefe will be one of the largest landfills in Texas with over 130 million cubic yards of permitted airspace (an estimated 67 million tons of waste). He said that Cefe was planned and permitted as a regional facility to receive up to 1 million tons per year of waste within several years. According to data from the Texas Natural Resource Conservation Commission, none of the five largest Texas landfills receive that much waste. As a result of the drop in tonnage over the last few years, the city's Solid Waste Services (SWS) Department has initiated some strategies to stabilize the situation, including: focusing on operating the department more as a business; implementing put -or -pay waste delivery contracts and a municipal solid waste system service charge (MSWSSC); and considering other facilities and services that can provide cost savings. Mr. Bratton also discussed how the landscape of waste management has changed over the last few years, resulting in the city having to look beyond the Coastal Bend Council of Governments region (such as the Lower Rio Grande Valley) for additional waste supply sources. Mr. Bratton then discussed in detail the advantages and disadvantages of the following three options: expanding the Elliott Landfill onto 92 adjoining acres; having the city construct and operate the Cefe Landfill; or having a private contractor construct and operate the Cefe Landfill. He said the city's cost of operation is highly competitive with nearby landfills. He also described the landfill contractor procurement process and possible reengineering projects and other initiatives, such as developing trash and recycling centers and a transfer station at Elliott; converting SWS to an enterprise fund; and creating mulch supply agreements and public/private partnerships for production. The GBB representative said the key recommendations are as follows: July 2002 - decide on a preferred disposal alternative and recommend the development of Cefe through a strategic public/private partnership; January 2003- complete procurement and award a contract for construction and operation; during 2004- open the first cell at Cefe, close Elliott, and develop a Minutes - Regular Council Meeting May 21, 2002 - Page 20 transfer station at Elliott. Ongoing actions include monitoring facilities and waste flows in the region; continuing beneficial reengineering projects; and developing mulch supply agreements and public/private partnerships if beneficial. Responding to Mayor Neal, Mr. Jeffrey Kaplan, Director of Solid Waste Services, said the Elliott Landfill is currently receiving 377,000 tons of waste from the city and county. Mr. Bratton said both Elliott and El Centro are receiving some waste from other counties. Mayor Neal said that GBB is projecting slow growth over the next 15 years and he asked if that will affect the time line for Elliott's closure. Mr. Lawrence Mikolajczyk, SWS Assistant Director, said the closure projections were based on current volume. Staff anticipates Elliott to be filled by April 2005. Council Member Longoria asked several specific questions about the executive summary in the landfills strategic plan, to which Mr. Bratton and staff responded. Mr. Bratton said that of the three options he discussed, the expansion of Elliott has the lowest cost. However, GBB is recommending pursuing the development of Cefe under a public/private partnership with a private operator. Mr. Longoria commented on the distance that customers will have to travel to reach the Cefe Landfill, saying that its success will be based on the ability to get waste there. Mr. Bratton pointed out that Cefe was planned as a regional landfill and in today's environment, waste is transferred great distances. Responding to Mayor Neal, Assistant City Manager Ron Massey discussed the existing permit for the Cefe Landfill, saying that once it is constructed it will be open until filled. Council Member Scott asked about a request for proposals for a private operator, which Mr. Bratton discussed. City Attorney Bray and First Assistant City Attorney Jay Reining also discussed the process of permitting the expansion of the Elliott Landfill. It was pointed out that the Cefe permit was uncontested but that may not be the case with Elliott's permit, which could take two years to acquire. City Manager Garcia said staff would not recommend pursuing the Elliott expansion without also pursuing the Cefe construction because the consequences of being unsuccessful (not being granted a permit for the expansion) are very severe. Following additional discussion, Mayor Neal said there was a consensus of the Council to direct staff to bring back some concrete proposals with which the Council can proceed. The second part of the presentation (Item 23.b.) was a quarterly update on the progress of the automated garbage collection program and permitting process. Mr. Kaplan said that 33,928 carts were delivered to households throughout the city and 46% of customers receive automated service. He said the number of inquiries and complaints has leveled off while the number of permits issued to solid waste haulers has increased to about 155. Mr. Kaplan also reviewed charts of tonnage for BFI, C.C. Disposal, and other contractors and he discussed the MSWSSC revenues. He said future actions include reviewing and monitoring the SWS ordinance; reviewing rates, fees and charges; and seeking additional tonnage from contracted haulers. Staff also responded to Council members' questions. He noted that additional information will be provided during the budget process. * * * * * * * * * * * * * Minutes - Regular Council Meeting May 21, 2002 - Page 21 The second presentation (Item 22) was regarding the Park and Recreation 2002 summer programs. Using a computer presentation, Mr. Cisneros said the goals of the youth programs are to provide the following: safe, professionally supervised environments for youth; opportunities to enhance life skills and a basis for a positive future; affordable programs available to people at all income levels; and easy access to programs. He said recreational, sports, arts and cultural programs build self-esteem and a positive self-image, which are foundations to a personal quality of life. Mr. Cisneros said the five state -licensed Latchkey camps feature structured recreational activities for youth needing full-day child care. The structured sports camps and leagues build teamwork and encourage individual discipline and performance, while the swimming programs provide an opportunity to learn a lifelong recreational skill. In addition, there are golf and tennis camps, youth recreation programs, Escape Outdoors!, food program, Weed and Seed program, 78415 community youth development program, and opportunities for teens. Mr. Cisneros then responded to Council questions. * * * * * * * * * * * ** Mayor Neal called for the City Manager's report. Mr. Garcia said that on May 28th there will be a meeting of the Tax Increment Finance (TIF) Board at noon followed by the regular Council meeting at 1 p.m. He said at that time he will deliver the preliminary budget for FY 2002-03 with budget discussions then and during the June 1 lth, 18th and 25th meetings. Mayor Neal asked staff to inform the Council about the "drop -dead" date on the South Wharf project. He then called for Council concerns and reports. Mr. Scott requested a time line for the ADA improvements for the Coliseum restrooms; suggested a ground breaking ceremony to kick off the seawall improvements project; asked about the possibility of a fee added onto utility bills for ADA improvements; and asked about fire inspections on Padre Island. Mr. Garcia said staff will provide information. Mr. Scott commented on how Corpus Christi was overlooked in the Texas lodging industry report. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 9:20 p.m. on May 21, 2002. * * * * * * * * * * * * *