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HomeMy WebLinkAboutMinutes City Council - 01/27/20041 HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of January 27, 2004, which were approved by the City Council on February 10, 2004. WITNESSETH MY HAND AND SEAL, this the 10th day of February 2004. Armando Chapa City Secretary SEAL PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 27, 2004 - 9:08 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend E.F. Bennett and the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. 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 January 20, 2004. A motion was made and passed to approve the minutes as presented. Council Member Kinnison requested that the Council allow today's minutes to reflect that he felt he had erred in his vote on Item 27 at the January 20, 2004 meeting regarding the case management services contract for workers' compensation. Mr. Kinnison stated that, in hindsight, he felt he should have voted "No" on Item 27, and asked that it be duly noted. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-5). City Secretary Chapa announced that Council Member Chesney was abstaining from the vote and discussion on Item 4. Council Member Scott requested that Item 5 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 2 through 5, constituting the consent agenda, except for Item 4, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 27, 2004 - Page 2 2. MOTION NO. 2004-033 Motion approving supply agreements for vehicle and equipment tires and tubes in accordance with Bid Invitation No. BI -0022-04 with the following companies for the following amounts. Awards are based on low bid and only bid, for multiple progressive awards for a total estimated annual expenditure of $521,556.62. The term of the contracts 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 Maintenance Services, Aviation, Emergency Medical Services, and the Fire Department in FY 2003-2004. A to Z Tire and Battery Corpus Christi, TX Items: 1.1-1.3, 1.8, 1.10, 1.13, 1.14, 1.16-1.18, 4.1, 5.1-5.17, 6.1-6.3, 7.1-7.4, 8.1-8.2, 9.1- 9.4, 10.1 $433,149.85 Goodyear Tire & Rubber Co. Corpus Christi, TX Items: 1.4-1.7, 1.9, 1.11, 1.12, 1.19, 2.1-2.3, 3.1 $88,406.77 Grand Total: $521,566.62 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 3. MOTION NO. 2004-034 Motion approving a supply agreement with Envirosolve, of Tulsa, Oklahoma for the collection, transportation, and disposal of household hazardous waste in accordance with Request for Proposal No. BI -0013-04 for an estimated three-year expenditure of $333,058. The term of the contract will be for three years, subject to annual appropriations, with an option to extend the contract 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 Storm Water Department in FY 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting January 27, 2004 - Page 3 4. MOTION NO. 2004-035 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Jesus A. Lopez and wife, Blanca Lopez in the amount of $20,000 plus $1,000 in closing costs and an additional amount not to exceed $22,500 for relocation assistance in connection with a replacement dwelling, all for the purchase of fee simple property rights for Parcel 3, being all of Lots 10 and 11, Block 4, H. E. Luter Partition, with street address of 422 Eighteenth Street, necessary for the Garcia Arts Center Area Street Improvements, Phase 2. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney abstained. Mayor Neal opened discussion on Item 5 regarding federal highways in Texas. Council Member Scott asked if the city was monitoring the progress of the Transportation Reauthorization Bill. Mayor Neal stated that, per his meeting with them last week, Senator Cornyn, Senator Hutchison and Congressman Ortiz were sponsoring legislation to ensure that Texas would receive its fair share of highway funding. He said Mr. Larry Myers, the city's Washington D.C. lobbyist, was closely monitoring the reauthorization bill. Mr. Scott commented that it was important to include language in the bill funding international transportation corridors. Mayor Neal agreed, and said this should be clarified with Mr. Myers. 5. RESOLUTION NO. 025641 Resolution supporting a fair share for federal highways in Texas. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was a quarterly update from Work -Force 1. Ms. Irma Caballero, Chairperson of the Work -Force 1 Board, provided an overview of the presentation as follows: labor market information; customer service levels; follow-up on initiatives discussed last quarter; and follow-up information requested at the last quarterly presentation. She stated that there were presently two city -appointed vacancies on the board. She also explained that there were new contracting guidelines being reviewed by the state which would affect the way Work -Force 1 procures services. She said the new guidelines would be received in March. She noted that Work -Force 1 was preparing to procure services for $12 million in early March. Mr. Oscar Martinez, President and CEO of Work -Force 1, provided information on the labor market in the area. He said the 2003 annual unemployment rate was 6.5 percent, compared with 5.3 percent in the state and 4.94 percent nationally. He compared Nueces County with four other urban areas in South Texas (Cameron, Hidalgo, Victoria and Webb counties) in terms of labor market growth over the last five years, and noted that Nueces County had only grown one percent, the lowest of the five areas. He also compared unemployment rates among the five urban areas, and concluded that Nueces County consistently had the fourth lowest unemployment rate. Minutes - Regular Council Meeting January 27, 2004 - Page 4 Mr. Martinez provided an update on current year service levels. He provided the following statistics on the total Work -Force 1 customers seeking services between July 1, 2003 to December 31, 2003: Childcare - 6,365; Welfare Reform - 5,788; Adult - 1,552; Youth - 899; and Employment Services - 23,590. He said employment services constituted 62 percent of the services they provide. Thus, he said one of Work -Force 1's primary initiatives should be working with employers to develop jobs and match individuals with those opportunities. Mr. Martinez compared job vacancies in the area with jobs filled in the area from July 1 through November 30, 2003. He said there were 3,924 job vacancies during this period and 1,894 jobs filled. He pointed out that many of the jobs being created were in the service and construction industry, and the number of jobs filled was about equal with the creation rate. By contrast, Mr. Martinez said there was a gap in professional, managerial and clerical positions, saying that jobs were being created but not filled at capacity. Mr. Martinez provided an update on current Work -Force 1 initiatives. Regarding the youth mentoring program initiative, he said two contracts have been executed to recruit 400-500 mentors to mentor 345 youth. He said the initiative to conduct economic and labor market analysis for businesses initiative had resulted in a monthly newsletter, a data analysis contract with Texas A&M - Corpus Christi and procurement of an industry cluster analysis. Regarding the initiative to contract training funds directly to businesses to improve productivity, wage levels and job retention, Mr. Martinez said seven contracts have been executed with employers to train 614 workers. He said an initiative to upgrade their facilities infrastructure would result in new buildings in Beeville and Falfurrias. He stated that Work -Force 1 was preparing to implement pilot drug testing for job seekers referred to employers to fulfill another initiative. Work -Force 1 had held four rural strategy sessions and was planning one urban session on February 4 to further the initiative to develop a region -wide literacy strategy. Regarding the initiative to develop a business service team at each Workforce Center, Mr. Martinez said 618 employers are under contract since September 1 and 659 employees have used the workforce system. He said 1,101 job vacancies have been filled as a result. Mr. Martinez also stated that Work -Force 1 is working with Port employers to develop an integrated program for youth. Mr. Martinez discussed efforts to aggressively search for grant funds to support community needs. He said Work -Force 1's grant writing efforts had benefitted Habitat for Humanity, Coastal Bend Youth City, Mission 911, Neighborhood Visions and the Nueces County Community Action Agency, among others. Mr. Martinez said a marketing contract has been executed and a strategic session has been planned to market of the Workforce Development System to community leaders, businesses and job seekers. Finally, Mr. Martinez said the initiative to continue privatization of services historically operated by government has resulted in bids for a workforce center management company, to be released in February. Mr. Martinez discussed a series of new Work -Force 1 initiatives. He mentioned a job search assistance program for the homeless population that consisted of twenty voice mail boxes available through Work -Force 1's workforce center system. He said the voice mail boxes would allow homeless job seekers served by Metro Ministries to maintain contact with potential employers. Mr. Martinez noted that Work -Force 1 had been selected by the Texas Workforce Commission to serve as one of only three sites in the state to pilot implementation of a system of integration of workforce services in our existing workforce centers. He said the integration effort may promote a more Minutes - Regular Council Meeting January 27, 2004 - Page 5 efficient and seamless delivery of services to workforce customers in the Coastal Bend area and across the state. Mr. Martinez reported that Work -Force 1 had applied for and was awarded an $110,000 grant for apprenticeship training in the local area. He said apprenticeship training services will be delivered by the following agencies: Texas Gulf Coast Electrical Union Apprenticeship Committee; Associated General Contractors; Coastal Bend Associated Building and Contractors Apprenticeship Program; and the Corpus Christi Air Conditioning & Plumbing Contractors Association. Finally, Mr. Martinez reported that Work -Force I will begin distributing a State of the Workforce Report in approximately 60 days. The report will present data and information relevant to the quality of the local workforce and stimulate decision making to improve the region's economic competitiveness. Council Member Scott commented that the Regional Economic Development Corporation has said that the Corpus Christi area has a problem with underemployment. He asked if Work -Force 1 had also identified this problem. Mr. Martinez replied that the lack of growth in the area's labor market could result in an underemployment problem. He said individuals who are not able to find employment at a level in which they are qualified for in pay or skill would probably leave the area. Council Member Scott said he understood there was a problem filling blue collar positions in manufacturing and the Port industries. Mr. Martinez agreed, saying that the workforce in these sectors was aging, yet the youth in the area either were unaware of the opportunities or were not interested. Ms. Caballero added that her company's experience has been that there were few qualified candidates for job openings in the port industries because the jobs required extensive computer and technical skills. Finally, Mr. Scott mentioned that Ms. Sally Shipman, a homelessness issues advocate, said that as community, Corpus Christi has not taken advantage of grants addressing homeless issues. He said he would provide Work -Force I with her contact information. Mr. Martinez provided a report on information requested at the last quarterly presentation. He stated that the number of welfare recipients in Nueces County has decreased from 5,000 in 2001 to 3,000 in 2003. Mayor Neal asked if a disproportionate share of these welfare recipients were also unemployed. Mr. Martinez answered affirmatively. Mr. Martinez provided a number of characteristics of the customers served by workforce. He said the majority of their customers had only a high school degree (55 percent), were between 22 to 54 years of age (71 percent), and were female (77 percent). Mayor Neal commented that this would explain why jobs in manufacturing and the Port industries were difficult to fill. He asked Mr. Martinez to provide information on their male customers, constituting 23 percent, because they would be the labor force potentially filling the manufacturing and refining jobs. Mayor Neal thanked Ms. Caballero, Mr. Martinez, and City Secretary Chapa for their efforts in improving Work -Force 1. Mayor Neal referred to Item 7, a presentation on the park improvement plan for Dan Whitworth Park. Mr. David Ondrias, Acting Director of the Park and Recreation Department, introduced Mr. Chuck Anastos, a local architect and community volunteer, who would be making the presentation. Mr. Anastos described the plans in detail. He said the total estimated construction Minutes - Regular Council Meeting January 27, 2004 - Page 6 cost for the project was $150,000 and would take approximately 90 days to complete. He said he hoped to have the funds raised and construction underway in the next 30 to 45 days. He said many members had already committed funds and/or services for the project, a tribute to Mr. Whitworth. He thanked Mr. Tony Thomasson with BHP Engineering for providing a computerized fly -through for the Council's review. Mayor Neal thanked Mr. Anastos and staff for their work. Mayor Neal referred to Item 8, an update on the city/county jail contract negotiations. Chief of Police Pete Alvarez Jr. provided a brief history on negotiations to date. He said jail consolidation began on September 17, 1991. As part of those negotiations, Chief Alvarez said the county agreed to provide for booking of city Class C prisoners, totaling an average of 12,000 prisoners per year. He said there was a provision in the contract asking the city to reduce the number of prisoners as much as possible. He stated that in 2003, a total of 5,149 Class C prisoners were booked, a significant reduction. He said the city agreed to pay $275,000 in annual costs by October 1, as well as staff the Intake Identification Unit. He said the contract provided for a review of costs by a committee of city and county representatives. Chief Alvarez stated that on August 7, 2003, County Judge Terry Shamsie sent a letter to the City Manager requesting the appointment of a committee to conduct a cost review. On August 13, County Attorney Laura Jimenez sent a letter to the City Manager providing one-year notice of termination of the jail contract, effective September 12, 2004. Chief Alvarez provided information on the Cost Review Committee. He said the committee consisted of three city employees and six county employees. He stated that the committee had met on October 30, November 6 and November 20, and January 15. Chief Alvarez provided an update on the negotiations to date. He said the county had requested $2,000,000 with an annual increase based on the Consumer Price Index (CPI), with the understanding that the county would assume the management of the Intake Identification Section and all duties and responsibilities. Chief Alvarez said the city countered with the current annual figure of $275,000 with an annual increase based on the CPI. On January 15, City Manager Noe made a counter proposal to the committee. The proposal consisted of $393,000, derived by adding the CPI since 1991 to the original contract amount of $275,000. He said the city agreed to consider allowing the county to assume management of the Intake ID employees, provided the level of benefits and the quality of identification work remained the same. Chief Alvarez reviewed the existing agreement. He said the city's annual contractual obligation was $275,000. He said the city operated the Intake Identification Unit, comprised of 13 employees responsible for photographing, fingerprinting, and verifying identification of all prisoners for all agencies. He said the city's annual cost for operating the Intake Identification Unit was $509,151. Chief Alvarez stated that the city provided a part-time magistrate for weekend processing at an annual cost of $13,134. Thus, he said the city's total annual obligation for use of the county jail was $797,285. Chief Alvarez discussed the Sheriff's legal obligations with regard to prisoners. He said the County Commissioners' Court was charged with the legal duty to provide a safe and suitable jail for the county, and the sheriff was the keeper of the jail. The sheriff had the legal duty to confine all prisoners committed to the jail by a lawful authority in the county, including paying for their Minutes - Regular Council Meeting January 27, 2004 - Page 7 maintenance and housing. He stated that an arresting agency, like the Corpus Christi Police Department, is responsible for those people it arrests until they have been seen by a magistrate and ordered commitment. Once the order of commitment is signed, the responsibility for that prisoner immediately devolves upon the sheriff and the county. Chief Alvarez provided a series of recommendations and proposals regarding the city/county jail contract negotiations. The first recommendation was to establish a central magistration center to allow for the timely magistration of prisoners arrested by the Corpus Christi Police Department. Second, the establishment of a temporary detention facility was proposed to hold people arrested by city law enforcement officers and provide for their magistration and order for commitment by city magistrates. Chief Alvarez explained that the intent is not to create a new city jail, but to establish a facility limited in scope and duration to holding detainees for a maximum of 12 hours, until they can be magistrated in a timely manner. Finally, Chief Alvarez said the responsibility for the prisoners would immediately shift to the Sheriff, and the prisoners would be transported to the county jail for confinement. Chief Alvarez provided information on the proposed detention facility. He said the detention facility would be located on the first floor of the Police Department. He stated that the existing property room would be converted into the detention facility, relocating the property warehouse to the Washington School. He said additional detention personnel would need to be hired to staff the facility, including nine employees (2 positions per shift for a 24/7 operation). In addition, Chief Alvarez said a supervisor, a police lieutenant, would need to be assigned to oversee the facility. In sum, Chief Alvarez said the total cost would be $976,540, consisting of a recurring fee of $433,540 and a one-time fee of $543,000 for construction and renovation. Chief Alvarez provided information on the proposed Central Magistration Center. He said the Magistration Center would be located in the aforementioned Detention Facility. He stated that the facility would operate 24 hours a day, seven days a week. To operate the facility on this type of schedule, he said five full-time judges and a number of part-time judges would need to be hired. He said additional staff would be needed to process paperwork. He said a video link and fax for judges would be needed for after hours magistration. Chief Alvarez said the total cost for the Central Magistration Facility would be $406,414, comprised of a recurring cost of $381,589 and a one-time cost of $24,825. Chief Alvarez reviewed the total cost of operations for both facilities. He said in Year One, the total cost would be $1,821,389. The cost would decrease in Year Two to $1,253,564. Chief Alvarez said the Police Department's existing budget for FY 03-04 was $797,285. Thus, he said in Year One, the Police Department would need an additional $1,024,104 to operate the facilities. In Year Two, Chief Alvarez stated that an additional $456,279 would be needed. Chief Alvarez reviewed the implementation timeline for the project, including the construction schedule. He provided the following timeline: January 22, 2004 - Begin Design Phase; February 6, 2004 - 60 percent submittal; February 11, 2004 - City review; March 10, 2004 - Final submittal; March 15 & 22, 2004 - Advertise for bids; March 31, 2004 - Pre -Bid conference; April 7, 2004 - Receive bids; May 3, 2004 - Begin construction; and August 31, 2004 - Construction completion. Chief Alvarez also noted that the process for hiring personnel was scheduled to begin on May 1 for part-time judges and detention personnel. He said it was estimated to take three to four Minutes - Regular Council Meeting January 27, 2004 - Page 8 months to complete. Mayor Neal asked how the city had arrived at the $275,000 in the original 1991 contract. Ms. Pat Eldridge, Administrative Assistant with the Police Department, replied that the figure was derived from the U.S. Marshall's formula at that time, which was $40 a day. She said the average number of prisoners was 12,000 at that time, but the majority of their prisoners were jailed for Class C misdemeanors which required only a half day's stay. Mayor Neal asked what the U.S. Marshall's formula was now. Ms. Eldridge stated that the rate was $49. Mayor Neal noted that the current number of city prisoners in the jail was closer to 5,000. Thus, he said that one could argue that the county owed the city $125,000. Mayor Neal pointed out that the city was also processing the intake of all 24,000 prisoners in the county jail, regardless of which arresting agency had them committed. Since the city had approximately 11,766 prisoners in the county jail, Mayor Neal stated that it could be argued that the county owed the city approximately $250,000 (half of the city's cost for operating the intake i.d. unit). Thus, the Mayor concluded that it could be argued that the county owed the city approximately $400,000. Mayor Neal said his point was that the city was not underpaying the county for services received for the jail. Mayor Neal said the city had entered into good faith negotiations with the committee to no avail. Thus, he said the city should present their offer directly to Commissioners' Court for an answer. Council Member Chesney stated that if the city's only responsibility by law was magistration of its offenders, then in his opinion the city should only provide the county the cost for magistration. He asked if the county had justified why they were asking for the $2,000,000. Assistant Chief of Police K.A. Bung replied that the county had provided a document listing their jail operating costs, and suggested that the city base their costs on relative use. He said the county stated that the cost to operate the jail was $18 million. Other than this information, Assistant Chief Bung said they had been provided no other justification. Council Member Chesney asked if there had been any inquiry into the efficiency ofNueces County's jail operations. Assistant Chief Bung replied negatively. Ms. Eldridge added that she had specifically asked the committee to justify the $2,000,000 cost, and had not received a response. Mr. Chesney inquired about the cost to hire judges for the magistration. Municipal Court Judge Rodolfo Tamez said the plan was to promote the current part-time judge to full-time status. As a full-time judge, her salary would increase from $15,000 currently to $105,681 for full-time status, a net amount of approximately $90,000. He also recommended a pay increase and benefits of $30,000 per judge and Presiding Judge to compensate for the added duties as well as being on call from 6:00 p.m. to 8:00 a.m. on weekdays. In addition, Judge Tamez said it was being recommended that additional part-time judges be hired to be on site at the detention facility in 12 hour shifts. He said this would equate to 60 hours at $25 per hour, or $93,132. Mr. Chesney questioned whether these increases were necessary. He asked if the process could be re-examined to reduce the costs. Mr. Kinnison asked how many other cities operate detention facilities. City Manager Noe replied that San Antonio had a similar facility because of a conflict they had with Bexar County over the cost of providing jail services. Judge Tamez added that San Antonio had hired three full-time judges to work Monday through Friday for 40 hours a week and had hired part-time judges to handle magistration during the weekends. Mr. Kinnison said he understood San Antonio also had medical costs incurred for personnel at their facility. Assistant Chief Bung replied that San Antonio had nurses on staff in their facility in the event that an individual would need medical attention during Minutes - Regular Council Meeting January 27, 2004 - Page 9 the magistration process. Mr. Kinnison asked why the city's proposal did not include medical costs. Assistant Chief Bung said that currently if a prisoner needed medical attention, they were taken to the hospital, and were not jailed until cleared by the hospital. For this reason, he said the proposal did not include a provision for medical staff. Chief Alvarez added that San Antonio's operation was much larger than the one being proposed for Corpus Christi. Mr. Kinnison stated that he wanted to be sure that the proposed detention and magistration facility was in the public's best interest. He said he hoped that the city had not reached the point where it was planning the facility because it was the easiest answer to the situation. He said he wanted the city to have a good grasp of how much more money they were going to be asking from the Corpus Christi taxpayers. He also said that the city should present their offer directly to the Commissioners' Court as soon as possible. He said if they did not respond immediately, then the city should move forward with its plans. Council Member Chesney agreed. Mr. Colmenero asked if the city would be incurring more risk by operating these facilities. City Manager Noe replied that there was no question that the city would be incurring more risk by entertaining this operation. He noted that San Antonio's experience has been positive because it has not incurred any lawsuits. He said he hoped the city could match their record. Council Member Kelly stated that, in his estimation, the magistration issue could provide a win-win situation for the city and the county by applying some creative solutions. He said it appeared that the city could provide magistration at the jail in a more cost-effective manner than the county currently was. He said the city's judges do not make as much as the county's judges do. He said that since the county already complied with jail requirements, they were not required to provide magistration services 24 hours a day, seven days a week. However, since they do not magistrate prisoners 24 hours a day, their prisoners remain in the jail longer, eliminating an opportunity for an additional revenue stream by bringing in more federal prisoners. Thus, he said if the city were to provide magistration at the jail on a 24 hour/seven days a week basis, then this would create efficiencies for both the city and the county. Mr. Kelly said he had brought these issues before the County Judge and representatives of the county but had not received a response. He asked if these issues had been raised in committee. City Manager Noe replied negatively, saying the discussion was strictly based on payment for jail services. Mr. Kelly said he was in favor of approaching the Commissioners' Court directly with the city's offer, but added that he would like to see a discussion of how to create more efficiencies in the jail operation. Council Member Cooper asked who was liable for the prisoners during transport from the city's facility to the county jail. Chief Alvarez replied that the city was liable until the prisoners arrived at the jail. Ms. Cooper said she was in favor of approaching the Commissioners' Court with the city's best offer. She hoped it was clear to the citizens that the city was not trying to create a new project for the taxpayers to fund; rather, the city was being put into this position forcibly by the county. Mr. Scott stated that he supported having Mayor Neal send a letter to the County Judge and the Commissioners' Court presenting the city's best offer and asking for a response. He said he was disappointed by the county's position in this matter. Mr. Garrett also spoke in support of having Mayor Neal sending letters to the County Judge Minutes - Regular Council Meeting January 27, 2004 - Page 10 and the Commissioners' Court regarding this issue. Mr. Garrett said he was involved in the 1991 jail contract negotiations and he remembered clearly that the community at that time wanted the city and county to eliminate duplication in services. He said he was disappointed that the community would be taking a step backwards if the negotiations failed. Mr. Noyola also spoke in support of a letter from Mayor Neal to the County Judge and Commissioners' Court. He expressed his frustration about the current situation, and encouraged the county to do the right thing for the sake of the city and county taxpayers. Mayor Neal asked how the city would fund the proposed projects. Assistant City Manager Mark McDaniel stated that it was not certain at this time. He imagined the funds would come out of the general fund. He said the cost would probably translate to an increase in the tax rate to cover the cost. Mayor Neal commented that if the Council was to move forward on these recommendations, the Council would need a definite amount that the city would be willing to offer the county in addition to what it is already paying. Mr. Kelly stated that instead of offering additional money, he would recommend taking over the magistration of all prisoners during the week while maintaining the city's current level of services. Mr. Noyola suggested that the city could offer the county several options, including the city's initial offer of an additional $225,000 or Mr. Kelly's idea of offering expanded magistration services. Mayor Neal asked Judge Tamez if the expanded magistration services could be offered within the $225,000 range. Judge Tamez replied that he would need to do additional research on the matter before he could answer. Mayor Neal stated that the majority of the Council wished to send a letter to Commissioners' Court, but asked for additional information on alternatives to be presented in the first meeting in February. Mayor Neal called for a brief recess. * * * * * * * * * * * * * The Council returned from recess, and Mayor Neal called for petitions from the audience. Ms. Priscilla Leal spoke regarding drainage and sidewalk improvements to the Sunnybrook/Manshiem area. Mr. Phil Rosenstein, 949 Bobalo, commended the City/County Health Department for providing flu shots to senior citizens. Mr. J.E. O'Brien, 4130 Pompano, spoke regarding the city's submission of the Comprehensive Annual Financial Report. Mr. Sirfrederickvonking VII, 905 Cleveland Street #4, spoke regarding documents he had left in the City Secretary's Office. Mr. Roland Garza spoke regarding drainage and sidewalk improvements to the Sunnybrook/Manshiem area and dues check -offs. * * * * * * * * * * * * * Mayor Neal referred to Item 9, a presentation on Downtown Drainage Improvements. City Manager Noe said that before the Council engaged in a discussion on proposed storm water projects and the capital budget, staff wanted to provide an update on the Downtown Drainage Project. Mr. Larry Urban with Urban Engineering said that his firm had created a mathematical model to help understand and predict the drainage problems in the downtown area. He said the purpose of the model was to correlate information from known storms, and then run theoretical storms to identify problem areas. Minutes - Regular Council Meeting January 27, 2004 - Page 11 He said there were two pump stations that pumped water out of the downtown area. He stated that the Power Street Station, located at the corner of Water Street and Power Street, had a capacity of 500 cubic feet per second (CFS). He said the second pump station was the Kinney Street Pump Station, located at Kinney and Water Streets, with a capacity of 167 cubic feet per second (CFS). He said a small amount of water was drained through gravity pipes through the seawall, but these flapgates were closed when the tide came up. Mr. Urban said the model showed some surprising results. He said the presumption was that water in the John Sartain drainage basins terminated in Blucher Park, which had two seven -by -six foot boxes that went down the old Blucher Arroyo and into the John Sartain box. He said the John Sartain box was only 108 -inch diameter equivalent. He said when the pump stations were initially designed, the city was much smaller and less developed. He said the city had little or no underground storm drainage piping. He said they were designed for lower levels of protection, perhaps a five-year to twenty-year storm, instead of the 100 -year storm that this project anticipates. He said the city has grown to the point where the pump stations are not enough. He said it has become evident that the city does not have a downtown or Water Street area drainage problem; rather, it is a regional drainage problem that affects a large portion of the city. He said the resultant water flows end up in the downtown area. Mr. Urban discussed problems in the Power Street area. He said the Power Street pump station was substantially overwhelmed during heavy rainfalls. Instead of handling 500 CFS as designed, Mr. Urban said the Power Street Pump Station was processing closer to 2,000 CFS. Thus, Mr. Urban said it was anticipated that the solution would be to diminish the load on the Power Street Station to 500 CFS or less. Mr. Urban said a pump station with approximately 1,200 CFS capacity was being proposed for the intersection of Hirsch and Chaparral, one of the lowest areas in the city, to accomplish this. Mr. Urban discussed the main focus of their study, the Kinney Street and Blucher Park area. He said the area had two seven -by -six boxes leading out of the park and joining the John Sartain box. He said the water would then drain to the bay by gravity. Unfortunately, Mr. Urban said there were more pipes coming into the park then going out. Consequently, Mr. Urban said that when a heavy rainfall saturates Blucher Park, the water spills to Tancahua Street and flows to the Holmgren Center. He said the water proceeds to Mesquite Street, and the flow then splits. He said part of the flow goes to A.R. Schindel Company and the other part flows to Williams Street. He said the water was flowing into Williams Street at a rate of 200 CFS. Mr. Urban reviewed the proposed Downtown Drainage Improvements. He said the proposed improvements would be made in two phases. He said the first phase consisted of three improvements. The first improvement was installing a large concrete box near the intersection of Water Street and Williams Street and ending at the Kinney Street pump station. He said it would have a capacity of 150 CFS, which would reroute that amount of water from the Power Street pump station. The second improvement would expand the capacity of the Kinney Street pump station. The third improvement would increase the size of the discharge line from the Kinney Street pump station out to the seawall. Mr. Urban reviewed the proposed Phase 2 Downtown Drainage project improvements. He said the plan would consist of four steps. The first step would be to construct a balustrade along Minutes - Regular Council Meeting January 27, 2004 - Page 12 Tancahua Street in Blucher Park. He said the second step was to construct a relief line on top of the existing Blucher Arroyo boxes. The third step was to construct another relief line from Chaparral to Water Street. Finally, the fourth step was to construct an Agnes Street box. Mr. Urban explained that in the area being addressed by Phase 1 and Phase 2 of the proposed project, there could be flows of 1,500 CFS. He said most of this water has been going to the Kinney Street Pump Station, with a 167 CFS capacity. He said 695 CFS would be re-routed to the Blucher Box, 460 CFS to the Agnes Box, and 57 CFS routed through gravity lines. He said this left a total of 288 CFS that needed to be addressed. Mr. Urban noted that the Water Street box had imported 150 CFS out of the Power Street service area into Kinney Street. Thus, the total to be pumped by the Kinney Station was 438 CFS. He said his firm proposed designing a pump station to handle the 438 CFS. Mr. Urban stated that the proposed improvements for Phase 1 and Phase 2 would cost approximately $13.5 million. He noted that the problem was not isolated to the downtown area; rather, it affected a large portion of the city. City Engineer Angel Escobar stated that the $13.5 million in repairs was being recommended as one of the proposed FY 2004 Storm Water Supplementary Projects. He said the $13.5 million included all of Phase 1 and Phase 2, and a study of the preliminary location and design of the third pump station (Phase 3). Mr. Colmenero asked which areas comprised the John Sartain water basin. City Engineer Escobar replied that the area was bordered by the Crosstown Expressway, Agnes/Laredo, Morgan, Craig and Staples Streets. Mr. Colmenero stated that this would minimize the flooding in the Staples corridor between Agnes and Morgan. City Engineer Escobar agreed. He asked if the improvements would prevent Blucher Park from becoming flooded during heavy rains. Mr. Urban replied that the improvements would not eliminate water from collecting in Blucher Park. However, Mr. Urban said the improvements would greatly reduce the levels of water and the length of time the water remained in the park. Mr. Colmenero asked how long Phase I and Phase 2 would take to implement. Mr. Escobar replied that the recommendation was that Phase 1 and Phase 2 be accomplished within the next five years. Council Member Scott spoke in support of the improvement plans. He said the installation of the boxes also provided an opportunity to reconstruct a number of streets in the downtown area. Council Member Kelly observed that even though this plan is called the Downtown Drainage Improvements Plan, the improvements will substantially relieve flooding throughout the central part of the city. Council Member Garrett asked if there were any upgrades planned for the Power Street pump station. Mr. Urban said the Power Street pump station was in good condition and was serving its purpose adequately. He said the intent was for it to remain unchanged. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10a regarding storm drainage projects and Item 10b regarding the capital budget. City Manager Noe stated that a determination needed to be made regarding the specific storm drainage projects to be funded as part of the Capital Improvement Minutes - Regular Council Meeting January 27, 2004 - Page 13 Program (CIP). He said this determination would affect the adoption of this year's CIP. Assistant City Manager McDaniel stated that the proposed FY 2004 Capital Budget totaled $173,624,300 and is categorized in the following summary: Airport - $36,854,100; Park and Recreation - $630,600; Public Facilities - $21,980,000; Public Health & Safety - $27,465,700; Streets - $8,137,400; Gas - $1,608,500; Storm Water - $35,050,000; Wastewater - $20,247,000; Water - $15,280,000; and Water Supply - $6,371,000. Mr. McDaniel provided a brief summary on the five-year funding plan for storm water capital projects. He said in FY 2003, the Council had authorized $5 million a year to be spent on storm water projects. In FY 2003-2004, the Council asked for more funding for storm water projects, so the funding levels increased an additional $30 million. Thus, the allocation of funds for storm water projects totals $55 million over a five-year period and is reflected in the staff recommendation for storm water candidate projects. Assistant City Manager McDaniel provided a summary of the rate model for the five-year funding period. He said the programmed rate increases over the period were as follows: FY 02-03 - 5 percent; FY 03-04 - 6 percent; FY 04-05 - 5 percent; FY 05-06 - 4.75 percent; and FY 06-07 - 4.75 percent. City Engineer Escobar referred to the Storm Water CIP recommended project listing by category. He also explained the criteria ranking for the project prioritization as follows: 1 - Mandatory (emergency or planned); 2 - Property damage (water in facility); 3 - Safety hazard (repair/replace); 4 - increased system capacity; 5 - Health/vector control (extensive standing water); and 6 - economic development. He said the city had contracted with numerous engineering consultants to assist staff in establishing the scope, magnitude, and approximate cost for the projects. He said the total cost of drainage priced by the consultants was $342,962,995. He said staff asked the consultants to include the cost of any necessary utility adjustments related to the storm water projects. He said staff also provided an estimated timeline for each project. Mr. Escobar said staff met with the consultants to determine which projects could be completed within the $55 million range. He said staff also determined which projects could be divided into a Phase 1, Phase 2 or Phase 3 approach. He said the first phase of the project would be designed to address critical issues whenever possible, such as water going into homes or businesses. He said problems such as water on the streets would not be minimized until all phases of the project were complete. Mr. Escobar stated the preliminary engineering and design had already been completed on a number of projects. A discussion ensued over how best to distribute the projects throughout the city. Council Member Kinnison noted that out of the $55 million budgeted over five years for the projects, only $40 million is available in FY 2003-04. City Manager Noe added that the city was already halfway through this fiscal year, so the next $5 million increment would soon be available. Thus, the city really had $45 million to use for capital projects. Council Member Kinnison asked what comprised the "Other" category for funding on the proposed list. City Engineer Escobar replied that the "Other" category consisted of CDBG funds. Mr. Kinnison observed that the project list the Council approved today would have implications on which projects needed to appear on the Bond 2004 list. City Manager Noe agreed, noting that a number of projects had significant street reconstruction for which the city had no other funding source other than a future bond issue or CDBG. He said the Council would be discussing Bond Minutes - Regular Council Meeting January 27, 2004 - Page 14 2004 proposed projects at the February 10 meeting. Mr. Kinnison also asked that if the city was using CDBG funding to fund significant projects, then it was important to know what impact this would have on other funding requests. Mr. Noyola stated that he was glad to see the Sunnybrook/Manshiem drainage improvements project was being recommended. He asked if any of the projects that were not recommended could be funded through Bond 2004. City Manager Noe replied that Bond 2004 could be a funding option, but the Council might first want to discuss funding strategies beyond the current five-year schedule. Assistant City Manager Ron Massey also said the local ability to contract work over time needed to be taken into account. Mr. Escobar added that another consideration would to space out the work on major collectors in one area to prevent problems. Council Member Colmenero asked how the city would schedule the work to minimize the stress on the local contracting community. Assistant City Manager Massey stated that staff has had a number of preliminary discussions with the Major Projects Advisory Committee asking the contractors to determine their work capacity. Mr. Escobar added that the city has been using more consultants to assist and supplement city staff with scheduling and project management. Mr. Scott observed that the city has never undertaken this many storm water projects in its history ($45 million). He asked that the Category 1 and 2 projects take precedence in the funding. Mr. Kelly stated that several projects being recommended in his district were being funded for an initial phase. Assistant City Manager Massey replied that the initial phase being recommended would address critical issues first. Mr. Kelly stated that a number of projects on the list were shown as being "Complete". Assistant City Manager Massey said these projects had been completed with the first $5 million in funding. He said the projects were being included on the list to account for them. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 10.b. FIRST READING ORDINANCE Approving the FY 2003-2004 Capital Budget in the amount of $173,624,300. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 11 regarding a contract for the Northside/Port Area Infrastructure Project. City Manager Noe explained that a number of the improvements were related to the area around the baseball stadium site. There were no comments from the audience. Minutes - Regular Council Meeting January 27, 2004 - Page 15 11. MOTION NO. 2004-036 Motion authorizing the City Manager or his designee to execute a consultant contract for engineering services with MEI Govind, Inc., of Corpus Christi, Texas in the amount of $351,021 for the Northside/Port Area Infrastructure Improvement Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 12 regarding the Code of Ethics and outside employment. City Attorney Fischer explained that when a city employee receives outside employment from a business that has dealings with the employee's department, there is a potential for conflict of interest. She said staff was recommending that the Code of Ethics be amended to specifically prohibit such employment relationships to avoid the appearance of impropriety. First Assistant City Attorney Jay Reining added that the issue was raised in the Development Services and Engineering Departments, where a staff engineer may perform windstorm inspections for a developer. The developer may in turn submit infrastructure plans for review by the employee's department, although not necessarily by the same said employee. Mr. Reining said that no ethics violations have been found; rather, this amendment is designed to address the perception of impropriety. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 12. FIRST READING ORDINANCE Amending Article V, Code of Ethics, Chapter 2, Code of Ordinances, relating to outside employment. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 13 regarding the lease for the baseball stadium. City Secretary Chapa announced that Council Member Kelly was abstaining from the vote and discussion on this item. City Manager Noe replied that the lease was with Round Rock Baseball, the entity that officially owns the team in Round Rock. He said the agreement was consistent with the MOU. He said it includes a 15 -year base term with two five-year options for renewal. He said the rent in Years 1-5 would total $50,000 per year; Years 6-10 - $60,000 per year; and Years 11-15 - $70,000 per year. He said starting in the option year periods, the rental rate would increase to $80,000 per year plus an annual CPI adjustment. He added that in the option year periods, the Ryans would also be obligated to make a supplemental rent payment to replace money in the capital reserves. He said the capital reserves would be initially pre -funded from the bond sale, maintained through supplemental rents, and adjusted according to the CPI in later option years. He stated that the city will own the base stadium site and will lease the adjacent parking spaces for 1,500 spaces from the Port of Corpus Christi. He said the rent the Port will receive will be from non -baseball related revenues. He said the lease was being developed at the present time. Minutes - Regular Council Meeting January 27, 2004 - Page 16 Mr. Noe provided a schedule for action on the baseball stadium. He said the second reading of the lease was scheduled for consideration on February 24. He said the effective date of the lease was April 25. He said the financing was scheduled to close on April 27. He said the city should close on the port property in late April, and construction should begin in May 2004 and extend through March 2005. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 13. FIRST READING ORDINANCE Authorizing the City Manager to execute a long-term lease with Round Rock Baseball, Inc. to manage and operate a baseball stadium to be constructed by the City, in consideration of the payment of rent and the obligation to have a minor league baseball team affiliated with major league baseball play its home games in the stadium. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Noyola and Scott, voting "Aye"; Kinnison was absent; Kelly abstained. Before the executive sessions, Council Member Chesney made a motion to direct the City Manager to place an item on the February 10 agenda regarding the development of the city's legislative agenda and whether the city needed to hire additional lobbyists. Mr. Scott seconded the motion. Mayor Neal questioned whether this was a timely discussion, because the legislative agenda would not be known until after the special session on education. City Secretary Chapa polled the Council for their votes as follows: Chesney, Colmenero, Cooper, Garrett, and Scott, voting "Aye"; Neal, Kelly, Kinnison, and Noyola, voting "No". The motion passed. ************* Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 14. Executive session under Texas Government Code Section 551.071 regarding Gloria Cardona, et al vs. Maria Jimenez and the City of Corpus Christi, Cause No. 01-3216-G, in the 319t Judicial District Court of Nueces County, Texas, with possible discussion and action related thereto in open session. 15. Executive session under Texas Government Code Section 551.074 for deliberations regarding the evaluation of the City Secretary, with possible discussion and action related thereto in open session. * * * * * * * * * * * * * The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: Minutes - Regular Council Meeting January 27, 2004 - Page 17 14. MOTION NO. 2004-037 Authorizing the City Manager to settle Cause No. 01-3216-G; Gloria Cardona, Yolanda Cardona, individually a/n/f of Samantha Bustillos, Brittany Bustillos and Roland Capetillo vs. Maria P. Jimenez City of Corpus Christi, in the 148th District Court, Nueces County, Texas for the sum of $123,500.00, subject to certification of funds. Mr. Chesney made the foregoing motion, seconded by Mr. Colmenero, and it passed unanimously. 15. MOTION NO. 2004-038 Authorizing a salary increase for the City Secretary to a new level of $92,000 and the payment of five additional days each of vacation and sick leave, based on total annualized salary at the time of termination of employment. Mayor Neal made the foregoing motion, seconded by Mr. Colmenero. The motion passed unanimously. Mr. Chesney made a motion to amend the previous action related to the legislative agenda to change the date from February 10 to the first meeting in April, seconded by Mr. Kelly. Mayor Neal asked if the discussion could be held during the Council Retreat in May instead, since it would be held shortly after this date. Mr. Chesney said he would rather begin the discussion before May, and he also preferred that this be an action item on a council meeting agenda. A discussion ensued about the preferred time to hold the discussion. As a result, Mr. Chesney withdrew his motion to change the discussion to the April meeting. Council Member Scott made a motion to amend the earlier action regarding the legislative agenda discussion to change the date from February 10 to the Council Retreat in May, seconded by Mr. Kinnison. City Secretary Chapa polled the Council for their votes as follows: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison and Scott, voting "Aye"; Noyola and Chesney, voting "No". * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. City Manager Noe announced that a reception would be held tomorrow from 5:00 p.m. to 7:00 p.m. at the Museum of Science and History for City Attorney Mary Kay Fischer. He stated that the following items were scheduled for February 10: preliminary Bond 2004 discussion; Animal Control update; second reading of the Capital Budget; second reading of the anti -discrimination ordinance relating to persons with disabilities; and a presentation on the results of the citizens survey. Mayor Neal called for Council concerns and reports. Mr. Garrett said a number of local roofing contractors had contacted him about an increase in charges for permits. They said that instead of being charged by the dollar amount, they are now being charged by the square footage of the home. City Manager Noe said he would look into it. Mr. Scott asked about the city discontinuing its service to pick-up possum traps for residents. City Manager Noe said staff would be providing an update on Animal Control at the Council's next Minutes - Regular Council Meeting January 27, 2004 - Page 18 meeting. Regarding the previous legislative agenda discussion, Mr. Scott said the city should have more of a lobbying presence at the federal government level. Mr. Scott asked if the public hearing date has been set for the Island Development Plan. City Manager Noe replied that the date for the hearing was February 12. Mr. Scott commented that Mr. Dan Alexander, owner of King -Isles Construction, had passed away last weekend. He said it was a big loss to the community, and asked that the city recognize him in some way. Council Member Noyola gave his regrets to City Attorney Fischer, saying he would be out- of-town and unavailable to attend her reception. In response to Mr. Noyola's question, Assistant City Manager Rose replied that she would be meeting with staff at 3:30 p.m. today regarding CHDO. She said an item was being scheduled tentatively for February 10. Mr. Colmenero provided the City Manager with the names of individuals who lived outside of the Neighborhood Improvement Program areas who were requesting assistance in cleaning up their neighborhoods. Mr. Kinnison agreed with Mr. Scott that the city could use more lobbyists in the federal government. However, he disagreed with the idea that city needed more of a lobbying presence in the state legislature. Mr. Kinnison asked for more information on a letter from the U.S. Army Corps of Engineers. City Manager Noe said the letter cautioned that the Corp of Engineers was facing continuing funding issues, in part because the federal budget was not funding the Corps at a preferred level. Mayor Neal added that he, Mr. Larry Myers and Mr. Tom Utter had met with a high-ranking official in the Corps of Engineers to discuss the letter. Mayor Neal said the letter was saying that the Congress had not fully funded the Corps of Engineers. He said Senator Hutchison's office has committed to working with the Corps to assist them in other funding areas as long as they continue to fund existing projects. He said Senator Comyn and U.S. Representative Ortiz also support this effort. Mayor Neal also commented that the city is concerned about water issues and has emphasized this point to Lt. Governor Dewhurst. He said Lt. Gov. Dewhurst reassured Mayor Neal and staff that the ongoing studies were not meant to penalize the city. He said Senator Hinojosa and State Representative Luna were also ready to defend the city's water rights. Mr. Colmenero presented a petition signed by approximately 35 citizens complaining about a noisy bar on McArdle Road. City Manager Noe said he would follow-up on the matter. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 3:05 p.m. on January 27, 2004. * * * * * * * * * * * * *