HomeMy WebLinkAboutMinutes City Council - 11/19/2002I 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 November 19, 2002, which were approved
by the City Council on December 10, 2002.
WITNESSETH MY HAND AND SEAL, this 10"' day of December 2002.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 19, 2002 - 12:00 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Javier D. Colmenero
Council Members:
Henry Garrett
Bill Kelly
Rex A. Kirmison
John Longoria*
Jesse Noyola
Mark Scott
ABSENT
Brent Chesney
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 Father Stelios Sitaras, St. Nicholas Greek Orthodox Church, and the Pledge of
Allegiance to the United States flag was led by Council Member Garrett. 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.
Council Member Garrett announced that that morning Council Member Chesney's wife,
Ashley, delivered a baby boy whom they named Joshua Jackson Chesney.
Mayor Neal called for approval of the minutes of the special meeting of November 11, 2002,
and the regular meeting of November 12, 2002. A motion was made and passed to approve the
minutes as presented.
* * * * * * * * * * * *
*
Mayor Neal deviated from the agenda and called for consideration of the consent agenda
(Items 5-19). Council members requested that Item 12 be discussed. There were no comments from
the audience. City Secretary Chapa polled the Council for their votes and the following passed:
5. M2002-381
Motion approving the lease purchase of office furniture from Corporate Express of Texas
Inc. of Corpus Christi, Texas in accordance with the US Communities Government
Purchasing Alliance for the total amount of $238,356.12. The office furniture will be used
by Development Services at the One -Stop Center located on the first floor of the Frost
Building. Funds have been budgeted by the Development Services in FY2002-2003.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
Minutes - Regular Council Meeting
November 19, 2002 - Page 2
6. M2002-382
Motion authorizing the City Manager or his designee to execute a construction contract with
Haeber Roofing Company of Corpus Christi, Texas, for a total fee not to exceed $55,949.80
for the Oso Wastewater Treatment Plant Lift Station No. 2 roof repairs project.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
7. M2002-383
Motion authorizing the City Manager, or his designee, to execute Amendment No. 9 to an
engineering services contract with Shiner Moseley & Associates Inc. of Corpus Christi,
Texas, in the amount of $84,748 for the Blucher Arroyo stormwater drainage structure
condition assessment.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
8. M2002-384
Motion authorizing the City Manager or his designee to execute a materials testing and
laboratory services contract with Trinity Engineering/Kleinfelder of Corpus Christi, Texas,
in an amount not to exceed $117,297 for the J.C. Elliott Landfill Sector 10 liner
improvements.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
9. M2002-385
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a
contract with Freese & Nichols Inc. of Ft. Worth, Texas, in an amount not to exceed $40,000
for engineering design services related to Wesley Seale Dam flood damage repairs -2002.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
10.a. M2002-386
Motion approving the reimbursement application for $78,707.65 submitted by James
Stevenson, Dunhill Enterprises, LLC, owner and developer of Casa Blanca Estates
Subdivision, for the installation of 812 linear feet of an off-site 15 -inch PVC sanitary sewer
collection line.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Minutes - Regular Council Meeting
November 19, 2002 - Page 3
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
10.b. ORDINANCE NO. 025103
Ordinance appropriating $78,707.65 in the Sanitary Sewer Collection Line Trust Fund No.
4220 to pay James Stevenson, Dunhill Enterprises, LLC, reimbursement request for the
installation of 812 linear feet of an off-site 15 -inch PVC sanitary sewer collection line to
develop Casa Blanca Estates Subdivision.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
11. ORDINANCE NO. 025104
Ordinance approving $59,585.95 from Country Creek Partners Inc. as the developer's
contribution for in lieu of half street c onstruction of portion of County Road 41 (with
supporting public utility infrastructure), as required by development of Country Creek
Subdivision Unit 5; and establishing separate subaccount for said half street in the City
interest-bearing account in the Infrastructure Trust Fund for deposit of developer's
contribution; and r estricting s aid m onies for c ompletion o f " improvements" at t ime of
platting and development of properties directly adjacent to and abutting the secured
"improvement" opposite Country Creek Subdivision Unit 5.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
13.a. RESOLUTION NO. 025105
Resolution authorizing the City Manager or his designee to accept a $259,829.98 grant from
the Federal Emergency Management Agency for repairs and alterations at the Wesley Seale
Dam and reimbursement of emergency response activities and subgrantee administrative
expenses, with a City match of $84,035.71 in the No. 4010 Water Fund, and a total project
cost of $343,865.69.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
13.b. ORDINANCE NO. 025106
Ordinance appropriating $259,829.98 from the Federal Emergency Management Agency in
the No. 4010 Water Fund for repairs and alterations at the Wesley Seale Dam and
reimbursement of emergency response activities and subgrantee administrative expenses.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
Minutes - Regular Council Meeting
November 19, 2002 - Page 4
14.a. RESOLUTION NO. 025107
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$85,000 from the Texas Department of Public Safety Division of Emergency Management
under the FY2002 pre -disaster mitigation program to develop a pre -disaster mitigation action
plan, with a City in-kind match of $28,333 and total project costs of $113,333.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kirmison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
14.b. ORDINANCE NO. 025108
Ordinance appropriating $85,000 from the Texas Department of Public Safety Division of
Emergency Management in the No. 1050 Federal/State Grant Fund for the development of
a comprehensive all -hazard mitigation action plan.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
15.a. M2002-389
Motion authorizing the City Manager or his designee to accept a renewal grant in the amount
of $275,000 from the United States Department of Justice for the continued support of the
Weed and Seed Program, Site I North.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
15.b. ORDINANCE NO. 025109
Ordinance appropriating $275,000 from the United States Department of Justice in the No.
1050 Federal/State Grants Fund for continued support of the Weed and Seed Program, Site
I North, for FY2002-2003.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
16.a. M2002-390
Motion authorizing the City Manager or his designee to execute an agreement with the City
of Corpus Christi Housing and Community Development Code Enforcement and Community
Policing Division to provide $12,500 from the FY2002-2003 Weed and Seed Program to
implement emergency board up of vacant buildings with illegal activity in Site I North.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
Minutes - Regular Council Meeting
November 19, 2002 - Page 5
16.b. M2002-391
Motion authorizing the City Manager or his designee to execute an agreement with Planned
Parenthood of South Texas Inc. to provide $4,400 from the FY2002-2003 Weed and Seed
Program to implement collaborative partnerships with community programs to provide after
school, weekend and summer programs in Site I North. The goal is to reduce at -risk
behaviors including drug and alcohol use and teen pregnancy among Weed and Seed
adolescents.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
16.c. M2002-392
Motion authorizing the City Manager or his designee to execute an agreement with The
Salvation Army to provide $5,000 from the FY2002-2003 Weed and Seed Program to
implement operations and supportive services necessary to administer the transitional
housing program, Project Bridge for Families Project Bridge for Families targets homeless
families in Site I North that are ready to leave the emergency shelter and enter a transitional
housing program.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
16.d. M2002-393
Motion authorizing the City Manager or his designee to execute an agreement with the South
Texas Pop Warner -Northside Association to provide $9,956 from the FY2002-2003 Weed
and Seed Program to implement a tackle football and cheerleading program on the Northside
of Corpus Christi. It will include kids from age 7 through 12 years.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
16.e. M2002-394
Motion authorizing the City Manager or his designee to execute an agreement with Turning
Point Counseling Services Inc. to provide $8,406.50 from the FY2002-2003 Weed and Seed
Program to implement a family program that will provide child and family counseling
services in safe havens in Site I North. A treatment team of therapist and counselors will
outreach to neighborhoods and provide prevention, early intervention and treatment services,
a total of three afternoons and evenings in three safe havens.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
Minutes - Regular Council Meeting
November 19, 2002 - Page 6
16.f. M2002-395
Motion authorizing the City Manager or his designee to execute an agreement with Metro
Ministries Inc. to provide $10,000 from the FY2002-2003 Weed and Seed Program to
enhance the Gabbard Memorial Health Room. The program is a primary care medical clinic
for residents of the shelter and our homeless population.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
16.g. M2002-396
Motion authorizing the City Manager or his designee to execute an agreement with South
Texas Institute for the Arts, Antonio E. Garcia Arts Education Center to provide $8,406.50
from the FY2002-2003 Weed and Seed Program to implement opportunities to learn through
the arts about one's self-esteem and pride in the neighborhood.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
17. RESOLUTION NO. 025110
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $73,939 to the State of Texas, Criminal Justice Division for year four funding
available under the Violence Against Women Act (VAWA) Fund for the Police
Department's Family Violence Unit.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
18. RESOLUTION NO. 025111
Resolution authorizing the City Manager or his designee to execute an interlocal agreement
with the Corpus Christi Independent School District (CCISD) to operate a Latchkey Program
on designated CCISD campuses.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
19. ORDINANCE NO. 025102
Ordinance amending the Comprehensive Plan of the City of Corpus Christi by adopting the
City of Corpus Christi Parks, Recreation, and Open Space Master Plan; providing for repeal
of conflicting ordinances.
The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero,
Minutes - Regular Council Meeting
November 19, 2002 - Page 7
Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 12, new street lights along the seawall. Responding
to Council Member Kelly, Mr. Kevin Stowers, Assistant Director of Engineering Services, said the
new street lights will be tapered, double -headed concrete poles on the water side. He said one of the
heads will be pointed over the driving lane and the other will be over the sidewalk and seawall steps.
He said the smaller amount of the contract involves re -illuminating and converting the existing lights
on the west side of Shoreline Boulevard. Mr. Kelly asked about aesthetic enhancements and Mr.
Stowers said staff is working with the Arts and Cultural Commission regarding including
architectural -level lighting amenities. City Secretary Chapa polled the Council for their votes:
12.a. M2002-387
Motion authorizing the City Manager or his designee to proceed with the AEP/CPL proposal
for installation of new street light system and special events system in the amount of $76,659
on the east side of Shoreline Boulevard between the barge dock and Taylor Street in
association with the seawall reconstruction project.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
12.b. M2002-388
Motion authorizing the City Manager or his designee to proceed with the AEP/CPL proposal
for conversion of the existing street light system on the west side of Shoreline Boulevard
from series circuitry to multiple (parallel) circuitry in the amount of $30,828.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 22, a public hearing pursuant to Texas Parks and Wildlife Code,
Chapter 26, to determine the feasibility of dedicating strips of land from parkland known as Mount
Vernon Park and Lions Park necessary for a right-of-way easement in connection with the McArdle
Road street improvement project, Phase 3. Mr. Noyola made a motion to open the public hearing,
seconded by Mr. Kelly and passed. There were no comments from the public. Mr. Kelly made a
motion to close the public hearing, seconded by Mr. Scott and passed. City Secretary Chapa polled
the Council for their votes as follows:
22.b. ORDINANCE NO. 025113
Ordinance authorizing a right-of-way easement to the public for dedication of right-of-way
through parkland known as Mount Vernon Park necessary for the McArdle Road street
Minutes - Regular Council Meeting
November 19, 2002 - Page 8
improvement project, Phase 3.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
22.d. ORDINANCE NO. 025114
Ordinance authorizing a right-of-way easement to the public for dedication of a right-of-way
through parkland known as Lions Park necessary for the McArdle Road street improvement
project, Phase 3.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent.
* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item
23) was the first quarter (unaudited) FY2002-2003 budget/performance report. Mr. Mark McDaniel,
Director of Management and Budget, said the city now participates in the International City -County
Management Association Center for Performance Measurement program. As a result, the typical
performance -related data featured in this report has been omitted and is being updated to include new
benchmark data in comparison to other communities, which will be included in the second quarter
report. He also noted that the graphs are different because staff is taking percentage of budget and
comparing it to where the city was at the same time last year and the year before.
Mr. McDaniel then discussed General Fund year-to-date revenues and expenditures. He said
the revenue variances included franchise fees and Municipal Court revenues, and the expenditure
variances were experienced in Development Services and non -departmental areas. He said overall
in the General Fund, both revenues and expenditures are slightly lower compared to prior years as
a percent of total budget.
With regard to the Enterprise Funds, most of the revenue variances have to do with water
sales, a drier wastewater winter averaging period, different gas prices, lower interest earnings and
a timing variance on the collection of marina slip rentals. He said the difference in the Enterprise
Fund expenditure percentages also had to do with gas prices and the budgeting of a $75,000 reserve
in the Marina Fund. The only major variance in the Internal Service funds' revenues was in
Maintenance Services because in FY2001 the city received the settlement for the claim on the City
Hall building. He said the Liability and Employee Benefits Fund shows an expenditure variance due
to a different method of accounting for some employee costs for supplemental health care coverage.
In the Special Revenue funds, the hotel occupancy tax revenues are higher than last year due
to the annexation of Mustang Island, and Reinvestment Zone #2 revenues are higher due to the
timing of collections and larger receipts of delinquent taxes. Mr. McDaniel said that on the
expenditure side, the seawall improvement fund is higher due to monthly allocations for debt service
and the arena facility fund had an unanticipated principal payment. He then thanked his staff for their
efforts in preparing this report.
Minutes - Regular Council Meeting
November 19, 2002 - Page 9
Council Member Garrett asked about the drug seizure fund. Mr. McDaniel said it is part of
the trust funds, which are not included in the quarterly reports. City Manager Garcia said staff can
provide a report on that fund's activity.
Council Member Scott asked if adjustments need to be made to the budget at this time. Mr.
Garcia replied that the Water Fund is of most concern because it involves huge revenues and it is
lower than budgeted due to the recent very wet weather. Mr. Scott also asked about the sales tax
revenues and Mr. McDaniel said the city was off last month by a large amount but during the
previous two months the revenues exceeded expectations. He said the other revenue sources are
close to the budgeted amounts.
Council Member Kinnison also asked about next month's sales tax revenues. Mr. McDaniel
said his staff is doing more analysis on gross sales subject to tax by different types of industry. He
said the variance could also be the result of a timing difference at the state comptroller's office. Mr.
Kinnison said that even though utilities revenues are down, staff is holding down expenses. Mr.
McDaniel said that water usage is very seasonal and staff is trying to moderate the way they budget
by using multi-year averages of recent consumption. Responding to Council Member Colmenero,
Mr. McDaniel said that staff is hoping that the water revenues will improve if the area experiences
some drier months (although not too dry).
Assistant City Manager Jorge Cruz-Aedo informed the Council that Ms. Lee Ann Dumbauld,
Finance Director, consulted with the independent auditors and concluded that they are approximately
four weeks to six weeks away from completing the Comprehensive Annual Financial Report
(CAFR). He said that is past the state's guideline for publishing annual reports and staff will be
contacting the state to request an extension. Mr. Cruz-Aedo said there is no adverse ruling or fine
associated with that action; rather, it is the state's target date.
Mayor Neal asked what the principal reason is for the completion date change. Mr. Cruz-
Aedo said that governments are now required to change their reporting format. He said they should
have the CAFR ready by the end of December. Mr. Kinnison said all of the reports will be totally
different. He added that numerous other cities are experiencing the same delays due to the formatting
change, to which Mr. Garcia concurred.
*************
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
2. Executive session pursuant to Texas Government Code Section 551.074 regarding
evaluations of the City Manager and City Secretary, with possible discussion and action
related thereto in open session.
3. Executive s ession p ursuant to T exas G overnment C ode Sections 5 51.071 and 5 51.072
regarding the Landry's Project in the Corpus Christi Marina, with possible discussion and
action related thereto in open session.
4. Executive session pursuant to Texas Government Code Section 551.071 regarding City of
Corpus Christi v. Texas Municipal League Intergovernmental Risk Pool and Texas
Municipal League Joint Self Insurance Fund, No. 01-00327-D, 105th District Court, Nueces
County, Texas, with possible discussion and action related thereto in open session.
Minutes - Regular Council Meeting
November 19, 2002 - Page 10
The Council went into executive session. *Council Member Longoria arrived at the meeting.
The Council returned from executive session. Mayor Neal made the following motion, which was
seconded by Mr. Longoria and passed by a voice vote:
2.b. M2002-380
Motion authorizing a 5% salary increase for the City Secretary effective immediately and
clarifying that his vacation and sick leave accrual is unlimited and that additional vacation
and sick leave days granted by the Council are beyond those authorized by the city's
classification and compensation ordinance.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
The Mayor said the Council also evaluated City Manager Garcia. During that process, they
looked at 27 key areas ranging from the condition of the city to personal issues such as how Mr.
Garcia is perceived within the community. Mayor Neal said the majority of the Council gave Mr.
Garcia nine excellent ratings, 13 good ratings, three acceptable ratings and two areas where he
received an even or no majority. He said the areas in which Mr. Garcia received excellent ratings
were those things the Council feels are most important in continuing to move the city forward, such
as the quality of the staff, the direction the city is taking, and the financial improvements. Mayor
Neal then made the following motion, which was seconded by Mr. Kelly and passed by a voice vote:
2.a. M2002-379
Motion approving a salary increase of 31/2 % for the City Manager effective immediately.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
Mayor Neal thanked Mr. Garcia for his service and said he hopes the City Manager will look
at those areas they have been discussing. Mr. Garcia thanked the Council for their vote of confidence
and for his salary increase. He said he believes they are heading in the right direction and the quality
of life in Corpus Christi is better than it was a few years ago. He added that the citizens are satisfied
with the council-manager form of government, which they demonstrated during the November 5
election. He said his objective is to make this city a model of municipal services for the country.
* * * * * * * * * * * * *
The second presentation (Item 25) was an update on Texas Department of Transportation
(TXDOT) projects. Mr. Bryan Wood, Deputy District Engineer, said TXDOT officials have noted
the increased congestion along South Padre Island Drive (SPID), particularly during the holiday
season. He said they met with city staff members to discuss both short- and long-term solutions, the
latter incorporating modeling by the Texas Transportation Institute.
Mr. Wood said short-term solutions for SPID traffic congestion will include: portable
Minutes - Regular Council Meeting
November 19, 2002 - Page 11
dynamic message signs; signal coordination on arterials; restricted access at critical locations; use
of uniform police officers; initiation of a joint public relations campaign; and the addition of speed
limit signs. He also responded to Council members' questions and comments. Assistant City
Manager Ron Massey pointed out that the bids for the Bond 2000 project to resurface Staples Street
came in over the engineer's estimate; therefore, it will be rebid and initiated after the holidays.
The second issue discussed by Mr. Wood was the Crosstown/interchange project. He noted
that the flyover ramp from east -bound SPID to the Crosstown Expressway was permanently closed
as of November 18, 2002. He said the night-time detours will begin on November 19 and continue
until December 4. He also discussed the preferred alternate route to downtown, which will be in
place for the remainder of the project (about 2V2 years). He said the Crosstown project is about 36%
complete and Phase 2 of the six total phases is now being started.
The last project discussed was the JFK Causeway, which is scheduled to be completed in two
years and five months, which is a very fast track. Mr. Wood said the contractor is ahead of schedule
at this point. Council Member Garrett asked about the pavement and Mr. Wood said the only reason
they would dig it up is if it fails the requisite tests. He added that the contractor is responsible for his
materials. Mr. Wood said that unexpected high tides will result in water -filled barriers to be used to
divert traffic. He also discussed in detail the project's phases and showed diagrams and photographs
of the progress. Mr. Garrett said he hopes the Ennis Joslin project will be completed soon.
* * * * * * * * * * * * *
Mayor Neal referred to Item 21, a public hearing on proposed assessments for improvements
to Jamaica Drive from Mediterranean to Caribbean. A motion was made, seconded and passed to
open the public hearing. Mr. Angel Escobar, Director of Engineering Services, said the original
petition for this project, which is part of the Bond 2000 program, was submitted to the city on
October 5, 1987. He said a public meeting was held at Flour Bluff Intermediate School on April 11,
2002. An additional mail -out informed the Jamaica Drive residents about the November 19, 2002,
hearing and noted that this project is part of the paving assessment program. He said one resident
expressed concern about the payment schedule and staff will meet with the resident. There were no
comments from the public. Mr. Kelly made a motion to close the public hearing, seconded by Mr.
Colmenero and passed. City Secretary Chapa polled the Council for their votes as follows:
21.b. ORDINANCE NO. 025112
Ordinance closing the public hearing on proposed assessments for improvements to the
following highway in Corpus Christi, Nueces County, Texas: Jamaica Drive from
Mediterranean to Caribbean; imposing assessments totaling $93,591.72 against property
abutting the improvements, affected railways, and property and railway owners; fixing
corresponding liens on property and charges against property owners; providing for
subsequent adjustment of assessment amounts and the corresponding liens and charges based
on as -built conditions; specifying assessment payment terms and lien enforcement measures.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett,
Kelly, Longoria, Noyola, and Scott voting "Aye"; Chesney and Kinnison absent.
Minutes - Regular Council Meeting
November 19, 2002 - Page 12
21.c. M2002-397
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount of$ 1,064,545.70 with Salinas Construction of Pleasanton, Texas, for the Jamaica
Drive improvements from Mediterranean to Caribbean.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Longoria, Noyola, and Scott voting "Aye"; Chesney and Kinnison absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 20, an overview and public hearing on the proposed FY2002-
2003 capital budget and capital improvement planning (CIP) guide. A motion was made, seconded
and passed to open the public hearing. Mr. McDaniel explained that this is the first of three meetings
to discuss the capital budget with the Council; the first and second readings of the ordinance will be
held December 10 and December 17 respectively.
Referring to the City Manager's Message in the proposed capital budget and CIP document,
Mr. McDaniel said there are several emerging issues to consider. He said that in January 2003, staff
will be bringing to the Council options for the privatization of landfill operations. He said there will
be changes to the capital budget in future years to accommodate the stormwater master plan and the
parks, recreation and open space master plan. Other issues include implementation of the National
Golf Foundation recommendations on enhancements to the city's golf facilities; streets and
associated utility relocations; ADA -related improvements; and projects related to the November 5,
2002 election.
Mr. McDaniel reviewed the new CIP planning process, which was implemented last year.
He said they start with a long-range plan and identify as many projects as possible that might need
to be addressed. Those projects are not actually funded until they move into the three-year short-
range CIP. He said the annual capital budget itself is the first year of the short-range CIP.
The Budget Director referred to a graph of the FY2003 capital budget revenues, which
include revenue bonds (30%), sales tax bond issue (21%), commercial paper (19%), general
obligation bonds (5%), and other sources. With regard to FY2003 expenditures, he said that utilities
make up 42% of that amount, followed by public facilities at 32%. Mr. McDaniel also reviewed the
short-range CIP revenues and expenditures and the long-range CIP expenditures (to date). Following
its review, the Planning Commission recommended adoption of the FY2002-03 capital budget with
an amendment to include projects related to the November 5, 2002 voter -approved propositions.
Mr. McDaniel said that pages 38 and 39 of the proposed CIP include descriptions and
explanations of funding sources. He noted that general obligation bonds, which need to be approved
by the voters, are used to fund streets, park enhancements and public facilities other than the arena
and convention center. He said page 40 contains the combined financial summary (rate model). He
said that following discussions with department heads, the budget staff phased some large projects,
which moved them out beyond FY2011-12, and other capital costs were moved out by one year
(about $54 million).
Minutes - Regular Council Meeting
November 19, 2002 - Page 13
Responding to Mayor Neal, the Budget Director also noted that the gas reservation fees were
moved out because they are now part of the purchase gas adjustment (similar to the raw water
calculation). He said that $5 million of stormwater costs were taken out of the CIP as were $13
million in wastewater costs mostly because the bids for the Broadway Treatment Plant project came
in much lower than one of the options staff had programmed. Mr. Escobar explained that the
Broadway project will be constructed in phases in years 6 and 7 through four contracts. Mayor Neal
added that the life of the current Broadway plant is being lengthened by four or five years.
With regard to the water CIP projects, Mr. McDaniel said that phases 6 and 7 ofthe southside
transmission main were reduced by $11.6 million. Mr. Escobar said the plan to build a desalination
plant on Padre Island will eliminate or delay the need to extend the transmission main underneath
the Laguna Madre and onto the island. Mr. McDaniel also said that staffmoved out $88 million from
the CIP for the Garwood pipeline construction. He added that $10 million is programmed through
year 3 for the Garwood land acquisition and routing study.
In reply to the Mayor, Mr. Stowers said they will not be acquiring all of the land for the
Garwood pipeline until they have a preliminary design ofthe facilities and the actual route selection.
He said the intention is to construct the Garwood pipeline in a more systematic way in order to
achieve better prices. Mr. Mario Tapia, Assistant Director of Budget, said that last year the pipeline
construction was in year 10 and this year it is proposed to be in year 25. He said that Mr. Max
Castaneda, Water Resources Management Advisor, gave the Council a presentation indicating that
according to the studies, the Garwood water will not be needed for 20-25 years.
Mayor Neal said he thought the Council made it very clear that they wanted to put the
Garwood pipeline into the process much more quickly than the studies said the water was needed.
Mr. Scott said he thought the Council directed staff to do all the technical work to prepare to
construct the pipeline but not actually build it yet. Mr. Stowers said the $10 million currently
budgeted will pay for the necessary preliminary design work and land acquisition. However, it will
not pay for the final design because the most current technology will be needed to design and build
the Garwood facilities. Mr. Escobar said the land acquisition and permitting should be completed
by year 3. Mr. Kinnison asked if the cost of the Garwood pipeline is a cost of water delivery. Mr.
McDaniel said it is part of the raw water charge. The Mayor said they have had a number of requests
from the port industries to rapidly continue the development of the Garwood water and he said he
agrees with that.
Mr. Scott asked about the timing of the Padre Island desalination facility. He said he thought
that City Manager Garcia had indicated it would be scheduled in 2 to 21/2 years. Mr. McDaniel said
the monies for the island desalination plant construction were moved to year 4 because of the city's
pending application with the state for a pilot desalination project. He said that is also part of the raw
water charge. Mr. Scott said he supports having a desalination plant on the island in two years.
Mr. Massey said that pumping tests will have to be conducted first to determine if the
groundwater aquifer will support the plant. He said staff has to complete the negotiations with the
contractor who will conduct the study and bring that contract to the Council. He said the study will
be conducted in phases over about a one-year period.
Minutes - Regular Council Meeting
November 19, 2002 - Page 14
Mayor Neal said the Council has been talking for a long time about the importance of getting
both the desalination and Garwood water projects moving. He said he will not accept delays of
several years on them. Mr. Garcia said staff can modify the CIP to change the scheduling of the
desalination project. Mr. Kelly pointed out that it does not matter how full the reservoirs are if the
water does not reach Padre Island. Mr. Scott added that they have projected significant growth on
the island and Packery Channel is designed to create additional development; consequently, the
necessary i nfrastructure i s n eeded. M r. K innison a sked i f t he t iming o f t he d esalination plant
construction affects the rate model and Mr. McDaniel said it does not.
Mr. Garcia said there is no question that there is an immediate need for a desalination facility
on the island, regardless of what happens with the state's pilot project. He said the reason is that it
appears a desalination facility will be less expensive than running a water pipeline under the Laguna
Madre to the island. He said the city could spend an excessive amount of money to bring the
Garwood water to Corpus Christi but right now the city has excess capacity, even in drought
conditions. He also said there are adequate supplies to meet all the industries' demands.
Mayor Neal asked about the funding sources for the water supply projects. Referring to page
430 of the CIP document, Mr. McDaniel said funding is available under the commercial paper and
revenue bond category.
Council M ember N oyola s aid h e agrees t hat t he d esalination facility i s n eeded a nd h e
commented that the longer the Garwood project is delayed, the more expensive it will be when it is
finally constructed. Mr. Garcia said staff should review with the Council the long-range water plan.
He reiterated that at the current level of economic activity, the city has an excess water supply but
that will change over time as development and population increase.
With regard to the area's water supply, Mayor Neal cautioned staff to not confuse need with
political reality. He said he has been concerned all along that someone will try to take away Corpus
Christi's rights to the Garwood water. He then suspended the discussion on Item 20 in order to hear
petitions from the audience on non -agenda items.
Mr. Jack Gordy, 4118 Bray, said the public access studio on Leopard Street was closed
yesterday because they did not have the proper permits to remodel it. He also discussed
accountability, saying that the money to hire attorney Michael Terry came from the employee benefit
fund. He also said that Mr. Garcia requested reimbursement for $977 for expenses at the Town Club.
Mr. Gordy said he asked the Legal Department about the purpose of Mr. Garcia's luncheons and he
said they replied that they had no records. He also asked if alcohol was served and he was told that
staff did not know.
Responding to Mr. Scott, Mr. Garcia said he has never charged the city for alcohol. He said
the bills referred to by Mr. Gordy are reimbursements usually for several months' worth of lunches
or other functions charged to his personal account at the Town Club. He said there are individual
receipts available that state who was in attendance and the purpose of the meetings, which are
directly related to city business. He said he conducts meetings over breakfasts and lunches in order
to fit extra meetings into his busy schedule. Mr. Noyola asked Mr. Garcia to provide receipts for the
dates specified by Mr. Gordy. Mr. Garcia replied that he did not think Mr Gordy specified any dates.
Minutes - Regular Council Meeting
November 19, 2002 - Page 15
Mayor Neal asked about the employee benefit fund. Deputy City Manager Noe said it is the
Self -Insurance Fund, which includes all of the city's risk and liability, such as the payments for the
attorneys defending the city in various causes of action. Mr. Garcia said although the city has a
number of different funds, there is no employee benefit fund. He said the source of the money Mr.
Gordy was referring to was the city's risk pool, which is reserved for expenses associated with
lawsuits and litigation. Mr. Noyola said he was given a piece of paper by Mr. Gordy that names a
Liability and Employee Benefits Fund. Mr. Noe reiterated that that is the Self -Insurance Fund from
which several expenses are paid, including the city's liability insurance. He said all the operating
funds pay their share of the cost.
Mr. Bill Kopecky, 3609 Topeka, said he thinks the change in wording on the ballot from
"mayor -council" (which was on their petition) to "strong mayor" form of government had a dramatic
effect on the outcome of the election proposition. He said he is not that disappointed because they
did receive 23,000 votes for a mayor -council form of government, which is three times the number
of petitions they had. He said that in 1975, a similar proposal received 24% of the vote. He said they
will not give up on this issue. Mr. Kopecky added that Corpus Christi's current charter does not give
the City Council the power to review or approve department -head appointments.
Mayor Neal returned to the discussion on Item 20. Mr. McDaniel referred to two additional
options distributed to the Council which propose to add $20 million for stormwater projects
beginning next year. He said that Option 2 requires 5% rate increases next year and the following
year instead of4% rate increases. He said the projected impact to a customer of future rate increases
as per the utility rate model are $95.58 in FY2002-03 to $119.72 in FY2011-12. He said Option 3
proposes an additional 1% rate increase for one year with an additional $1 per month per customer
stormwater capital -directed fee, which would pay for $10 million in improvements.
Responding to the Mayor, Mr. McDaniel said the $20 million would be available next year
on top of the $5 million, which is now requiring part of the 4% rate increase. Mayor Neal referred
to the proposed stormwater projects beginning on page 293 of the CIP document. He specifically
asked about Item 11 (Meadowbrook Subdivision area drainage improvements - $1.3 million) and
Item 3 (various drainage system water quality improvements - $3 million). Ms. Valerie Gray,
Stormwater Superintendent, described those projects. The Mayor said that a few years ago there were
major flooding problems in Molina. Mr. Escobar said that Item 2 (Airport Ditch outfall
improvements- south of Los Encinos - $6 million) addresses those concerns.
The Mayor said that several areas throughout the city have flooded during recent major rain
events. He said if the Council can identify stormwater projects that will have a major impact on the
quality of life in the affected neighborhoods and in the downtown area, he would like staff to take
a close look at them.
Mr. Kelly noted that flooding has occurred in the northwest in Wood River, Castle River, and
Leopard Street; in addition, the land going south cannot be developed because it does not drain. He
asked about Item 19 (Leopard Street roadside safety improvements- Rehfeld Road to Rand Morgan -
$3.5 million). He asked if the price is so high because pipe needs to be laid. Mr. Escobar replied
affirmatively. Mr. Kelly asked if it would be possible to do several small projects through the
operating budget without impacting the proposed $20 million for larger stormwater OP projects. Mr.
Minutes - Regular Council Meeting
November 19, 2002 - Page 16
Escobar s aid t hose p rojects ( usually u nder $ 300,000 e ach) are c ategorized under m inor s torm
drainage improvements and $5 million has been included in addition to the previous funding for the
next three years. He said that list is very long and staff can inform him of the specific projects.
Mr. Scott asked about the Meadowbrook improvements. Ms. Gray said that a few years ago
staff informed the neighbors the city would do a three-phase improvement project, of which the first
two phases have been completed (Item 11 is the third phase). Mr. Escobar pointed out that the cost
estimates have not been reviewed for any changes in the level of protection, an issue that was
discussed at the Council's stormwater workshop on November 18, 2002.
Mr. Scott also asked about Item 41 (Lindale Subdivision drainage improvements - $600,000).
Ms. Gray said it would involve surface flow with little underground stone sewer pipe. Mr. Scott
asked if staff has thought about how much money would be needed to "seed" a trust fund account
to address stormwater projects. Mr. Escobar said the city's consultant on the stormwater master plan
will help address that question. Mr. Colmenero agreed that the Lindale area floods frequently, as do
areas around McArdle.
Mr. Kinnison said this list contains $68 million in stormwater projects, plus $17 million in
the first three years. Mr. Escobar said there are also some projects that have not yet been priced.
Responding to a question from Mr. Kinnison, Mr. McDaniel said that excluding the two new funding
options, the current rate model can fund $55 million over 11 years. Mr. Kinnison said he would like
staff to develop criteria to evaluate where the most benefit will be derived from the projects. He said
that places where property damage has occurred should be foremost on the list.
With regard to the downtown area, Mr. Kinnison said the Council should look at the most
cost-effective way to address the problems, including reviewing the downtown drainage study. He
said he has concerns about the recommendations made by the Stormwater Technical Advisory
Group. He pointed out that the city has other capital needs, such as streets and parks, and he does
not want Corpus Christi to have high utility bills. Responding to Mr. Colmenero, Mr. Escobar briefly
addressed the level of protection in specific areas.
In conclusion, Mr. McDaniel said staff needs to complete the stormwater master plan and
identify all the costs involved, including changes that may need to be made for new levels of
protection. Mayor Neal called for public comment on Item 20 regarding the CIP public hearing.
Mr. Bill Kopecky said that a few years ago the estimate on the Garwood pipeline was about
$35 million; however, he said the new estimate is $98 million. He said due to the city's water
reserves, he would recommend not spending any money in the current year on the Garwood project.
Mr. Kopecky also said that if the city receives too much of its water from other sources than its two
reservoirs, it could put the city's ownership of the water rights at those reservoirs at risk. He added
that there are methods to create higher sidewalks around building entrances to reduce flooding.
Mr. Kelly made a motion to close the public hearing, seconded by Mr. Kinnison and passed
(Chesney absent).
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
November 19, 2002 - Page 17
The third presentation (Item 24) was regarding the Local Emergency Planning Committee's
(LEPC) fall media campaign on chemical emergencies. City Manager Garcia said that Corpus Christi
has one of the most active and progressive LEPC's in the country due to the extent of local
participation with private industry. Fire Chief J.J. Adame explained that LEPCs were created under
the Superfund and Reauthorization Act of 1986. He said each Texas county was required to create
such a committee to make assessments of hazardous chemicals in the area and to establish
emergency procedures to deal with accidental chemical releases.
Chief Adame said that in 1992 the city, the port and Nueces County entered into a local
agreement to contribute funding for the LEPC. Since then, they have done a significant amount of
community notification, including the purchase of several ads, radio public service announcements,
utility mail -outs, and packets to schools. He also showed examples of television "infomercials."
Responding to Mayor Neal, Chief Adame said Corpus Christi's LEPC personnel have been
working with Kleberg County officials to develop their program. The Mayor asked if Metrocom is
used in these efforts. The Chief said that many of the tools currently used by Metrocom, such as the
telephone ring -down and tone -alert systems, came out of the LEPC blueprint.
Council Member Garrett asked about the utility mail -outs. Chief Adame said they sent 89,000
utility bill inserts throughout the city. Mr. Garrett also asked if the ring -down system can be used in
other instances, such as property crimes occurring in certain areas. Mr. Garcia said he discussed that
issue with Police Chief Alvarez, who will develop criteria to do that. Council Member Noyola asked
about the dates of the drills in 2003 and Chief Adame said he would provide the specific dates of
those events after consulting with the respective community groups.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 26, legislative agenda. Mr. Tom Utter, Special
Assistant to the City Manager, said the 78`h Texas Legislative Session will include new committee
chairpersons, new House leadership and a new Lieutenant Governor. He said approximately 6,000
bills will be filed and of those, about 1,600 will be passed and two-thirds will have real relevancy
to Corpus Christi. He said the city's legislative delegation has worked hard over the years to defeat
detrimental legislation.
Mr. Utter then referred to the proposed legislative program contained in the agenda material.
Under general policies and procedures, it states that the city will support legislation and
administrative actions that will protect and enhance city revenues; reduce costs to the city; provide
for more local control; protect those policies previously established through the charter, ordinances,
resolutions and master plans; and provide increased educational opportunities for the citizens of
Corpus Christi and the region.
Mr. Utter said the city will oppose legislation that undermines the principle of home rule and
local self-government; results in the loss of revenue growth to the city; diminishes the authority of
cities to regulate and manage their growth and development, nullifies or undermines the city's
policies unless such changes expand the city's ability to manage its own affairs; diminishes any
existing authority of cities; and imposes mandates that require any expenditure by the city unless all
Minutes - Regular Council Meeting
November 19, 2002 - Page 18
costs are fully reimbursed by the mandating government. Mr. Utter also noted that the city's boards,
commissions and advisory groups may not take a legislative position unless and until they first
receive Council authorization. He said the city also supports the legislative program of the Texas
Municipal League, except where it conflicts with the city's policies.
Mr. Utter then discussed highlights of the city's proposed legislative program, which includes
the following subject areas: franchise fees; state hotel tax for beach maintenance; street accessibility
improvements; clarification of hotel tax for beaches; protection of water rights; desalination projects;
Packery Channel; transportation (resources, funding for construction/maintenance, and streamlining);
development; and regulation of location of manufactured housing.
Other issues discussed by Mr. Utter were annexation authority; juvenile crime; fire control
and prevention district; child safety registration fee; CHIPS; electric industry deregulation; electric
franchise base date; air quality; National Estuary Program; regional water planning; personnel;
military; Spaceport; insurance rates; ballot language for an economic development sales tax; city
election date statute; CDBG/HOME funding; diversion to the state of federal funding; homeland
security; coordination with local authorities; and protection of right-of-way fees and authority.
Mr. Utter also stated that city staff sent copies of the proposed legislative agenda to the
members of the legislative delegation and they have met with some of the legislators as well as
County Judge -Elect Terry Shamsie. Mayor Neal said he met with Mr. Shamsie about the program
and other issues and they agreed to hold a joint city -county meeting in the near future.
Council Member Scott asked about the I-69 issue. Mr. Utter said staff felt it was addressed
under essential infrastructure. He said the governor has a corridor plan that is not yet final. He noted
that since there are projections of a very large state deficit, he does not believe there will be much
money available for new programs. Mr. Scott also asked about photographic traffic signals and Mr.
Utter said the city actively supports that issue. Mayor Neal called for public comment on Item 26.
Mr. Bill Kopecky said one or two Council members were quoted as saying that the city is at
the sales tax cap and there will be no other sales tax increases. However, the legislative program
states that the city supports legislation permitting 1/8th of a cent over the 2 cents local sales tax cap
for fire control and prevention districts. Mr. Kopecky also said he recommends the city abandoning
the April election date and moving to the uniform May date and he said in the interest of open
government, there needs to be more restrictions on having closed meetings.
City Secretary Chapa polled the Council for their votes as follows:
26. RESOLUTION NO. 025115
Resolution adopting the City of Corpus Christi's legislative program for the seventy-eighth
session of the Texas Legislative Session and United States Congress.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
Minutes - Regular Council Meeting
November 19, 2002 - Page 19
Mayor Neal opened discussion on Item 27, Sunfish Island and McGee Beach. Ms. Patricia
Garcia, city grant writer, explained that the General Land Office (GLO) combined these two projects
in order to save money. She said the GLO has conducted an alternatives analysis to determine the
most effective and efficient method to renourish both Sunfish Island and McGee Beach using the
dredged material and sand from the Corpus Christi Marina. She said the contractor, URS, has also
recommended the construction of a breakwater along Sunfish Island to control future erosion. In
order to proceed with the project, the city has to enter into an agreement with the GLO. Ms. Garcia
added that the Coastal Bend Bays and Estuaries Program is providing the cash match.
Responding to the Mayor, Mr. Peter Davidson, Marina Superintendent, said that originally
there were plans to dredge about 200,000 cubic yards from the inner harbor and the fairways and
place the material on Sunfish Island. However, it was determined that the erosion was occurring on
the south side of the island so the engineers decided to build two breakwaters: one to enclose the
island's east side and the other to protect the south side. He said the 700 feet of rock on the south
side was not anticipated and that plan greatly depleted the funding to dredge inside the marina.
Mr. Davidson also said that the Federal Fisheries and Wildlife Service instituted very strict
parameters for testing soil and the cleanest soil can be found on the outside of the marina. He said
the design includes a second phase to dredge inside the marina but that is not yet funded. He showed
a map of the areas to be dredged, which is scheduled to begin in mid-January 2003 and finish in the
spring. He said they are trying to find additional funding for this project.
Mayor Neal asked about the depth of the areas to be dredged. Mr. Davidson said this project
will involve dredging in approximately 100 feet into the marina's interior at each of the three
entrances, which will help correct the drastic shoaling that currently causes sailboats to run aground.
He said it will cost between $300,000 to $600,000 to do the additional phase, including about
$80,000 for testing. There were no comments from the audience. City Secretary Chapa polled the
Council for their votes as follows:
27.a. RESOLUTION NO. 025116
Resolution authorizing the City Manager or his designee to execute a project cooperation
agreement with the Texas General Land Office for the re -nourishment of Sunfish Island and
McGee Beach
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly, and
Longoria voting "Aye"; Chesney, Kinnison, Noyola, and Scott absent.
27.b. RESOLUTION NO. 025117
Resolution authorizing the City Manager or his designee to execute a reimbursement contract
with the Coastal Bend Bays and Estuaries Program Inc. in the amount of $93,500 for the
construction of a breakwater at and re -nourishment of Sunfish Island.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly, and
Longoria voting "Aye"; Chesney, Kinnison, Noyola, and Scott absent.
Minutes - Regular Council Meeting
November 19, 2002 - Page 20
27.c. ORDINANCE NO. 025118
Ordinance appropriating $93,500 from the Coastal Bend Bays and Estuaries Program Inc.
in the No. 1050 Federal/State Grants Fund for construction of a b reakwater at and re -
nourishment of Sunfish Island.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett,
Kelly, and Longoria voting "Aye"; Chesney, Kirmison, Noyola, and Scott absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 28, Rincon Bayou diversion project. Mr. Ed Garafia,
Water Superintendent, said the Texas Commission on Environmental Quality requires biological
monitoring to evaluate the effects of the project. He said this contract is to continue the testing for
another year. There were no comments from the audience. City Secretary Chapa polled the Council:
28. M2002-398
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a
contract with the University of Texas Marine Sciences Institute in an amount not to exceed
$165,748 for biological monitoring services associated with the Rincon Bayou diversion
project.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, and Longoria voting "Aye"; Chesney, Noyola, and Scott absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 29, bond sale. City Secretary Chapa stated that
Council Member Kelly would abstain from discussing or voting on this item. The Mayor read the
following statement: "The city is delaying taking action to award the sale of the certificates of
obligation, notice of the issuance of which was published in the Corpus Christi Caller -Times on
October 5 and October 12, 2002, until a special meeting of the City Council to be held on November
26, 2002, at 11:30 a.m. in the City Council Chambers. The city is delaying taking action at this time
as bids establishing a final guaranteed maximum price for the facilities to be financed with the
proceeds of the proposed certificates of obligation have not been reviewed and a contract to hire a
general contractor has not been awarded." The Mayor made a motion to delay Item 29 to November
26, 2002; seconded by Council Member Longoria and passed (Kelly abstaining, Chesney absent).
29. POSTPONED
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Minutes - Regular Council Meeting
November 19, 2002 - Page 21
Mayor Neal opened discussion on Item 30, auto wrecker ordinance. Assistant Police Chief
Ken Bung said that staff held a fourth meeting with wrecker company representatives and they made
the following requests: eliminate the add-ons and change the drop fee to $50; seek written
authorization for private property impounds; eliminate the regulation of non-rotation wreckers; and
change the permit fee to a safety inspection fee. He said staff is recommending concurring with the
$50 drop fee request. Mayor Neal called for public comment.
Mr. Joe Dees, owner of Statewide Wrecker Service, said there are still two or three language
problems in the proposed ordinance. He said the companies feel the permit regulating all Corpus
Christi wreckers is not beneficial to the city. He said after extensive study and consultation, they feel
the city has the right to regulate the safety end of the industry. Consequently, they do not want to call
it a permit but rather a safety inspection. Mr. Dees said the companies are also asking that the drop
fee sign not be required on the side of vehicles and he said the ordinance does not address consent
police -initiated tows. He said they want to keep those tows regulated. He added that a change in large
wreckers' working time is not included in the proposed ordinance.
Assistant Chief Bung said staff agrees to change the drop fee to $50 with no add-ons because
it would be difficult to regulate that. He said they have no opinion about the sign requirement.
Council Member Noyola asked if staff went through the proposed ordinance step by step with
the wrecker companies and Assistant Chief Bung said they did. Mr. Noyola then asked about specific
ordinance provisions, including offenses; application, contents and fees; insurance; towing rotations;
and large wreckers. City Manager Garcia, Assistant Chief Bung and Mr. Steve Zastrow, police legal
advisor, responded to Mr. Noyola's questions.
Mr. Jason White, of Airline Wrecker, thanked the Council for giving the companies the time
they needed to continue discussing the proposed changes. However, he said the document before the
Council is not the result of those efforts. He said there are problems with the ordinance's language
and, if it passes, it is bound to be challenged by someone. He said they do not know why their
recommendations and the reasons for them are not being brought to the Council.
Responding to Mayor Neal, Mr. Zastrow said the companies provided staff with written
comments and concerns and staff went through them very carefully. He said a lot of their concerns
did not have validity when the ordinance was read as a whole with a common sense view in mind.
Council Member Garrett asked if there is anything in the proposed ordinance that is in
violation of the law or the City Charter. Mr. Zastrow said there is nothing that violates the law and
he believes the ordinance is properly worded.
Mr. Garrett made a motion to amend Item 30 to raise the drop fee to $50 and remove the
requirement for the sign on the vehicles. Mr. Colmenero seconded the motion. Mr. Garrett asked if
the $200 work time is included and Assistant Chief Bung said it is. He suggested that Mr. Garrett's
motion delete the add-ons to the drop fee. There was consensus of the Council to do so. The motion
to amend as stated passed (Chesney absent). City Secretary Chapa polled the Council for their votes
as follows:
Minutes - Regular Council Meeting
November 19, 2002 - Page 22
30. ORDINANCE NO. 025119
Ordinance amending the Code of Ordinances, Article V, Chapter 57, Vehicles for Hire, by
revising the provisions regarding auto wreckers and providing for penalties.
The foregoing ordinance passed on second reading, as amended: Neal, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
Mayor Neal called for the City Manager's report and Council concerns and there were none.
There being no further business to come before the Council, the Mayor adjourned the Council
meeting at 7:30 p.m. on November 19, 2002.
* * * * * * * * * * * * *