HomeMy WebLinkAboutMinutes City Council - 07/22/2008I 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 July 22, 2008, which were approved by the City
Council on August 12, 2008.
WITNESSETH MY HAND AND SEAL, on this the 12th day of August, 2008.
Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Henry Garrett
Mayor Pro Tem John Marez
Council Members:
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla Leal
Nelda Martinez
ABSENT
Michael McCutchon
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
July 22, 2008 - 10:00 a.m.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Council Member Nelda Martinez and the Pledge of
Allegiance to the United States flag was led by Council Member Larry Elizondo.
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 Garrett called for approval of the minutes of the regular Council meeting of July 8,
2008. A motion was made and passed to approve the minutes as presented.
Mayor Garrett opened discussion on Item 20 regarding Combination Tax and Revenue
Certificates of Obligation. Director of Financial Services Cindy O'Brien explained that this item is
directing publication of the notice of intention to issue combination tax revenue certificates for the
landfill, authorizing to retain the services of the financial advisor and bond counsel, and appointing
the underwriters. Ms. O'Brien stated that the issuance is set at up to $12 million.
Council members asked questions regarding how the issuance amount was set; when the
issuance projects were originally planned; the comparison of fees associated with previous projects
for financial advisors and bond counsel services; the reissue of Packery Channel bonds; whether
M.E. Allison has been the financial advisor on previous projects; whether the bond counsel is the
same one used on the Packery Channel issuance discussed at the previous meeting; the reason for
using the same bond counsel; whether there is a contract with McCall, Parkhurst & Horton detailing
charges associated with bond issuances; whether the issuance can be delayed and the effect that
would have on the project; the fee schedule; whether Coastal Securities is involved with this
issuance; whether the fee schedule for M.E. Allison has ever changed; and whether the fees are
paid from the bond proceeds.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minutes — Regular Council Meeting
July 22, 2008 — Page 2
20.a. RESOLUTION NO. 027775
Resolution by the City Council of the City of Corpus Christi, Texas, directing publication of
notice of intention to issue Combination Tax and Revenue Certificates of Obligation, for
improvements to the City's Solid Waste facilities; authorizing the City Manager to retain
services of M. E. Allison & Co., Inc. as Financial Advisor, and McCall, Parkhurst & Horton,
L.L.P. as Bond Counsel; and resolving other matters relating to the subject.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, and Martinez, voting "Aye"; Hummell and Leal voting "No"; McCutchon and
Marez were absent.
20.b. MOTION NO. 2008-186
Motion authorizing the appointment of Morgan Keegan & Company Inc. as Senior Manager
and Frost Bank as Co -Manager for the City of Corpus Christi, Texas Combination Tax and
Solid Waste Revenue Certificates of Obligation, Series 2008.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, and Martinez, voting "Aye"; Hummell and Leal voting "No"; McCutchon and
Marez were absent.
Mayor Garrett called for consideration of the consent agenda (Items 2 - 17). There were no
comments from the public. Council Member Leal requested that Items 3 and 4 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2008-174
Motion approving the purchase of one (1) Series V Tractor/Loader/Backhoe from Holt -Cat, of
Corpus Christi, Texas based on most advantageous bid in accordance with Bid Invitation
No. BI -0186-08 for a total amount of $140,113. The backhoe will be used by the Wastewater
Department. This unit is a replacement to the fleet. Funding is available in the FY 2007-
2008 Capital Outlay Budget of the Maintenance Services Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
5.a. ORDINANCE NO. 027764
Ordinance appropriating $110,015.31 for the purchase of library furniture for the new
Southside Library from the following sources: $8,489.37 from unappropriated interest
earnings from the Library 2005 Capital Improvement Project (CIP) Fund No. 3224 and
$101,525.94 from unappropriated interest earnings from the Library 2007A CIP Fund No.
3225; changing FY 2007-2008 Capital Budget adopted by Ordinance No. 027546 to
increase appropriations by $110,015.31.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez,
voting "Aye"; McCutchon was absent.
Minutes — Regular Council Meeting
July 22, 2008 — Page 3
5.b. MOTION NO. 2008-177
Motion approving the purchase of library furniture in accordance with Bid Invitation No. BI -
0206 -08 from the following companies for the following amounts based on only bid and low
total bid fora total amount of $142,449.81. The library furniture will be installed at the new
Southside Library (Clotilde P. Garcia Library). Funds are available in the Southside Library
Capital Improvement Project (CIP) Fund.
Business Interiors of Texas
Corpus Christi, Texas
Groups: 1, 2, 4 & 5
$118,699.81
Jones & Cook
Corpus Christi, Texas
Group: 6
$23,750.00
Total Award. $142,449.81
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
MOTION NO. 2008-178
Motion approving a supply agreement with Neptune Technology of Tallassee, Alabama for
45,334 water meters and water meter registers, based on best value in accordance with Bid
Invitation No. BI -0152-08 for an estimated annual expenditure of $1,702,499, of which
$141,874.91 is required for the remainder of FY 2007-2008. The term of the agreement
shall be for twenty-four months with the 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.
Funding is available in the Capital Improvement Project (CIP) Fund and the Water
Department Operations Budget for FY 2007-2008 and requested for FY 2008-2009.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
7.a. MOTION NO. 2008-179
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$445,182 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the
motor vehicle theft enforcement grant within the Police Department for Year 8 with a City
cash match of $287,824, in-kind match of $14,019, fora total project cost of $747,025 and to
execute all related documents.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
7.b. ORDINANCE NO. 027765
Ordinance appropriating $445,182 from the Texas Automobile Theft Prevention Authority
(ATPA) in the No. 1061 Police Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez,
voting "Aye"; McCutchon was absent.
Minutes — Regular Council Meeting
July 22, 2008 — Page 4
8.a. RESOLUTION NO. 027766
Resolution authorizing the City Manager or his designee to accept a $55,139 grant awarded
by the Corporation for National and Community Service for the Retired and Senior Volunteer
Program (RSVP).
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
8.b. ORDINANCE NO. 027767
Ordinance appropriating a $55,139 grant from the Corporation for National and Community
Service in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior
Volunteer Program (RSVP).
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez,
voting "Aye"; McCutchon was absent.
9.a. RESOLUTION NO. 027768
Resolution authorizing the City Manager or his designee to accept a $270,943 grant
awarded by the Corporation for National and Community Service for the Senior Companion
Program.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
9.b. ORDINANCE NO. 027769
Ordinance appropriating a $270,943 grant from the Corporation for National and Community
Service in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion
Program.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez,
voting "Aye"; McCutchon was absent.
10. RESOLUTION NO. 027770
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $500,000 to the Texas General Land Office for the purpose of participating in the
Texas Coastal Impact Assistance Program for design enhancements and development of
educational resources for the proposed Oso Nature Center.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
11. ORDINANCE NO. 027771
Ordinance appropriating $187,905.07 in developer contributions and $65,277.80 in interest
earnings for a sum of $253,182.87 in the No. 4720 Community Enrichment Fund for park
improvements.
Minutes — Regular Council Meeting
July 22, 2008 — Page 5
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez,
voting "Aye"; McCutchon was absent.
12. MOTION NO. 2008-180
Motion authorizing the City Manager or designee to execute an agreement with M. Dee
Koch, PhD for psychological services for the Police, Fire and Aviation departments. The
term is for three years at an hourly rate of $45.00 with an estimated annual cost of $128,360.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye'; McCutchon was absent.
13. RESOLUTION NO. 027772
Resolution authorizing the City Manager or his designee to execute a one-year professional
services contract with Patterson Capital Management, LP, d.b.a. Patterson and Associates,
of Austin, Texas in the amount of $32,000 for investment and management of public funds.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
14. MOTION NO. 2008-181
Motion authorizing the City Manager, or his designee, to execute a contract with Parsons
Roofing of Waco, Texas in the amount of $174,363 for the City Hall Re -roofing Project 2008.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
15.a. MOTION NO. 2008-182
Motion authorizing the City Manager or his designee to execute a Job Order Contract with
Nuway International, Inc., of Corpus Christi, Texas in the amount of $69,922.28 for the
Americans with Disabilities Act (ADA) and Co -ED Improvements at Fire Station No. 2. (Bond
Issue 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
15.b. MOTION NO. 2008-183
Motion authorizing the City Manager or his designee to execute a Job Order Contract with
Alpha Building Corporation, of Corpus Christi, Texas in the amount of $60,711.84 for the
Americans with Disabilities Act (ADA) and Co -ED Improvements at Fire Station No. 6. (Bond
Issue 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
Minutes — Regular Council Meeting
July 22, 2008 — Page 6
16. MOTION NO. 2008-184
Motion authorizing the City Manager or his designee to execute a construction contract with
Jhabores Construction of Corpus Christi, Texas in the amount of $284,267 for Lift Station
Improvements: Cimarron at Yorktown Lift Station, North Beach "B" Lift Station, and North
Beach "D" Lift Station.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
17. MOTION NO. 2008-185
Motion authorizing the City Manager or his designee to execute Change Order No. 1 for
additional excavation and installation of groundwater underdrains in the amount of $231,399
with Longhorn Excavators, Inc. of Richmond, Texas for the Cefe F. Valenzuela Landfill
Section 4A Liner and Leachate Collection System and Section 46 Excavation.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
Mayor Garrett opened discussion on Items 3 and 4 regarding the purchase of chemicals for
the Water and Wastewater departments. Council Member Leal stated that she supported the
purchase of chemicals for the Water and Wastewater Departments to protect the water supply and
maintain odor control at the treatment plants. City Secretary Chapa polled the Council for their votes
as follows:
3. MOTION NO. 2008-175
Motion approving a supply agreement with General Chemical Performance Products, LLC,
of Parsippany, New Jersey for approximately 700 tons of liquid ammonium sulfate in
accordance with Bid Invitation No. 61-0151-08, based on low bid for an estimated semi-
annual expenditure of $137,200. The term of the supply agreement will be for six months
with an option to extend for up to five additional six-month periods subject to the approval of
the supplier and the City Manager or his designee. Funds have been requested for FY
2008-2009.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
4. MOTION NO. 2008-176
Motion approving a supply agreement with Commercial Chemical Products, Inc., of Houston,
Texas for approximately 432,500 pounds of Sodium Bisulfite Solution for use at the
Wastewater Treatment Plants in accordance with Bid Invitation No. 61-0187-08 based on
low bid for an estimated semi-annual expenditure of $148,780 of which $24,796.67 is
budgeted in FY 2007-2008. The term of the supply agreement will be for six months with an
option to extend for up to five additional six-month periods subject to the approval of the
supplier and the City Manager or his designee. Funds have been budgeted by the
Wastewater Department in FY 2007-2008 and requested for FY 2008-2009.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
Minutes — Regular Council Meeting
July 22, 2008 — Page 7
Mayor Garrett opened discussion on Item 18 regarding an appropriation for one-time
expenditures. Assistant Budget Director Eddie Houlihan explained that this appropriation is for the
buydown of lease purchases. There were no comments from the audience. City Secretary Chapa
polled the Council for their votes as follows:
18. ORDINANCE NO. 027773
Ordinance appropriating $306,017.16 from estimated excess revenues over expenditures in
Fund No. 1020 General Fund for "one-time" expenditures in the Fiscal Year 2007-2008
Operating Budget for the buydown of lease purchases in the amount of $306,017.16;
changing the FY 2007-2008 Operating Budget adopted by Ordinance No. 027352 by
increasing revenues and appropriations by $306,017.16 each.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Marez, voting "Aye";
McCutchon and Martinez were absent.
Mayor Garrett opened discussion on Item 19 regarding an appropriation of unappropriated
interest earning from the Capital Improvement Projects (CIP) Bond Funds. Director of Financial
Services Cindy O'Brien explained that this ordinance appropriates unappropriated interest earnings
that have accrued over several years for the existing CIP funds in the amount of $13,462,290.54.
Mayor Garrett called for comments from the audience. Johnny French, 4417 Carlton, asked
questions regarding the funds from the Packery Channel CIP. Abel Alonzo, 1701 Thames, asked
questions regarding the timeframe for completing the projects and whether the interest can be used
for ADA compliance projects.
Council members asked questions regarding whether the older projects listed have been
completed; whether the conveyance would allow the interest from the previously completed storm
water projects to be used for other storm water projects; recommendations for projects; the reason
that the Wastewater 1994 CIP has not been completed; and the projects associated with the
Wastewater 1994 CIP. City Secretary Chapa polled the Council for their votes as follows:
19. ORDINANCE NO. 027774
Ordinance appropriating $13,462,290.54 of unappropriated interest earnings from the
Capital Improvement Project (CIP) Bond Funds listed in Exhibit A of this ordinance, including
Streets CIP, Water CIP, Stormwater CIP, Wastewater CIP, Gas CIP, Parks CIP, Public
Health and Safety CIP, Landfill CIP, Bayfront Development CIP; Packery Channel CIP,
Museum CIP and Police Building CIP, for same or similar CIP projects as allowed by the
bond covenants; changing the FY2007-2008 Capital Budget adopted by Ordinance No.
027546 by increasing appropriations by $13,462,290.54.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Leal, and Martinez, voting "Aye"; Hummell,
Kelly, McCutchon, and Marez were absent.
Minutes — Regular Council Meeting
July 22, 2008 — Page 8
Mayor Garrett opened discussion on Item 24 regarding fee and rate increases in support of
the FY2008-2009 proposed budget. Assistant City Manager Oscar Martinez provided an overview of
the rate adjustments of solid waste fees; library fees; utility fees; and annual well inspections.
Mayor Garrett called for comments from the audience. Joan Veith 5701 Cain, asked the
Council to consider reducing or waiving the cart delivery fees for elderly and low income customers.
Council members asked questions regarding the mediation with the Nueces County Water
District No. 4; water taps fees for new residents; and whether inside city limit customers have been
previously overcharged. City Secretary Chapa polled the Council for their votes as follows:
24.a. ORDINANCE NO. 027779
Amending the Codes of Ordinances, Chapter 21, Article IV, Section 21-40, by revising solid
waste resource recovery fees; enacting a cart delivery fee; providing an effective date;
providing for publication; and providing for penalties. (First Reading 07/15/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Elizondo, Kelly, Marez, and Martinez, voting "Aye"; Leal voting "No"; Cooper,
Hummell, and McCutchon were absent.
24.b. ORDINANCE NO. 027780
Amending the Code of Ordinances, Chapter 2, Section 2-79 "Fees", by repealing the annual
nonresident library fee; providing for a library photocopy fee of $0.15 per page, and
reinstating a library collection fee of $10 for accounts referred to collection; providing for an
effective date; and providing for publication. (First Reading 07/15/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Elizondo, Kelly, Marez, and Martinez, voting "Aye"; Leal voting "No"; Cooper,
Hummell, and McCutchon were absent.
24.c.(1.) MOTION NO. 2008-189
Motion to amend prior to Second Reading the Ordinance amending the Code of Ordinances,
City of Corpus Christi, Chapter 55, Utilities, regarding Water, Gas and Wastewater Rates
and Fees, to amend Section 3, regarding water laboratory charges, to correct name to
"Water Utilities Laboratory charges" and to delete annual increase in laboratory fees.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Marez, and Martinez, voting "Aye"; Leal voting "No"; Cooper, Hummell, and
McCutchon were absent.
24.c.(2.) ORDINANCE NO. 027781
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding
Water, Gas and Wastewater rates and fees; providing for an effective date; and providing for
publication. (First Reading 07/15/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Elizondo, Kelly, Marez, and Martinez, voting "Aye"; Leal voting "No"; Cooper,
Hummell, and McCutchon were absent.
Minutes — Regular Council Meeting
July 22, 2008 — Page 9
24.d. ORDINANCE NO. 027782
Amending the Code of Ordinances, Chapter 35, Article V, Section 35-117, Entitled "Annual
Well Inspections", by revising the fees; providing for an effective date; providing for
publication and providing for penalties. (First Reading 07/15/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Elizondo, Kelly, Marez, and Martinez, voting "Aye"; Leal voting "No"; Cooper,
Rummell, and McCutchon were absent.
Mayor Garrett opened discussion on Item 25 regarding the ad valorem tax rate. Director of
Financial Services Cindy O'Brien explained that this item sets the date for adoption of the ad
valorem tax rate of $0.563846 per $100 valuation and two public hearings. A brief discussion
ensued regarding setting a time certain for the public hearings.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
25.a. MOTION NO. 2008-190
Motion setting September 9, 2008 as the date of adoption of the ad valorem tax rate of
$0.563846 per $100 valuation.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye"; Hummell and McCutchon were
absent.
25.b. MOTION NO. 2008-191
Motion setting a public hearing on the ad valorem tax rate for August 19, 2008 and a second
public hearing for August 26, 2008, during the regular City Council Meeting beginning at
10:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye"; Hummel) and McCutchon were
absent.
*************
Mayor Garrett referred to Item 26 regarding an update on Bond Issue 2004. Interim
Assistant City Manager Angel Escobar referred to a powerpoint presentation including an overview
of the Bond Issue; street projects completed; other projects completed; projects under construction;
and the projects pending construction start.
Council members asked questions regarding the contractor for the Up River Road — Rand
Morgan to McKenzie project; the completion date for Cimarron Boulevard Phase I from Yorktown to
Saratoga; the completion date for Cimarron Boulevard from Saratoga to Wooldridge; whether
Cimarron Boulevard will be paved from Saratoga to Wooldridge; whether ADA compliance was
considered for ail of the Bond Issue 2004 and the proposed Bond Issue 2008 projects; whether all of
the public building are scheduled for ADA compliance; the amount of funding allocated for ADA
compliance projects in Bond 2000 and Bond 2004; addressing ADA safety concerns; pending bid
evaluations for the Bayfront Development Plan Phase 1; the percentage of completion for Bond
Issue 2004; the percentage of projects completed from Bond Issue 2000 prior to Bond Issue 2004;
Minutes — Regular Council Meeting
July 22, 2008 — Page 10
whether the City stock piles asphalt; the renovation of the T.C. Ayers Center; strategies for Bond
2008; and multiple approval of projects.
Council Member Elizondo requested a report showing the trends and the plan on how the
City is addressing ADA compliance. Council Member Leal requested an update on the Gabe Lozano
Golf Course.
Mayor Garrett opened discussion on Item 21 regarding post hurricane recovery operations
debris management. City Manager Noe provided a background of the annually approved contract for
clearing, removal and disposal of materials in the event of a storm. Interim Director of Engineering
Services Kevin Stowers explained that the City of Corpus Christi is one of several cities that has pre-
position contracts in place in the event of a disaster. Mr. Stowers provided a brief overview of the bid
tabulation summary.
Council members asked questions regarding the amount of the contract; reimbursement
from FEMA; actual payment based on unit quantities; whether DRC is required to have pre -
positioned equipment available; DRC's obligations in the event of a storm; whether DRC is a local
company; if DRC maintains any equipment in Corpus Christi; and the amount of time services would
begin once a storm makes landfall.
Mayor Garrett called for comments from the audience. J.E. O'Brien, 4130 Pompano, spoke
regarding the amount of the contract. City Secretary Chapa polled the Council for their votes as
follows:
21. MOTION NO. 2008-187
Motion authorizing the City Manager or his designee to execute a contract with DRC
Emergency, LLC of Mobile, Alabama in the amount of $65,580,930 to be activated only in
the event of a hurricane or other disaster for Post Hurricane Recovery Operations Debris
Clearing, Removal and Disposal Services. (Base Bid A, Base Bid B — Clearing, Removal
and Disposal and Base Bid C — Collection, Characterization, Packaging, Transportation and
Disposal of Hazardous Wastes)
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, and Martinez, voting "Aye"; Hummel!, McCutchon, and Marez were
absent.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
Mayor Garrett called for petitions from the audience. Jimmy Dodson, 4222 FM 665, spoke
regarding the master planning process for the London Corridor. Johnny French, 4417 Carlton, spoke
regarding a meeting with the Texas General Land Office on vehicular traffic on the beach. Mike
Staff, Corpus Christi Police Officers Association, spoke regarding hurricane preparedness for first
responders. Monica Sawyers, 429 Ashland, requested that Council consider approving $5,000 from
the proposed Bond Issue 2008 for the restoration of the Ritz Theatre. Dr. Clifford Edge spoke
regarding downtown improvements and the Ritz Theatre. Randy Stevenson, Arlington, Texas,
thanked Mayor Garrett, Council Member Priscilla Leal, and Community Development Administrator
Daniel Gallegos for testifying in Austin, Texas on behalf of the Buena Vista Senior Village.
Minutes — Regular Council Meeting
July 22, 2008 — Page 11
Kerry Eyring, Corpus Christi Firefighters Association, spoke regarding the firefighter contract
negotiations. Mr. Eyring urged the Council to direct the City Manager to accept the wage proposal in
the contract. Bill Brown, 5830 McArdle, spoke regarding the cost comparison report for the
Southside Water Reclamation Plant versus the Greenwood Wastewater Treatment Plant. Jerry
Garcia, Southside Youth Sports Complex, spoke regarding funding of the Greenwood Sports
Complex in the proposed Bond Issue 2008 and the South Guth Sports Complex. Susan Thiem, 96
Lakeshore Drive, spoke regarding attacks by vicious dogs and the lack of communication by Animal
Control Services. J.E. O'Brien, 4130 Pompano, spoke regarding adoption of the budget prior to the
certification of the tax roll and tax increases. C. Wilmot, 4433 Angela, asked the Council to consider
widening Flato Road for the safety of the students in the West Oso Independent School District.
Students Dana Wilmot, Julissa Martinez, and Ruben Pulido were present to show their support for
the widening of Flato Road. Dr. Crawford Helms, Superintendent of West Oso Independent School
District, requested that Council consider widening Flato Road from Bear Lane to Bates Street.
Velma Rodriguez, 4149 Molina, requested the inclusion of Flato Road in the Bond Issue 2008
package. Rolando Garza spoke regarding projects in the Bond Issue 2008.
follows:
* ** * * *** * ****
Mayor Garrett announced the executive sessions, which were listed on the agenda as
28. Executive session under Texas Government Code Section 551.071 regarding Cause No.
07-478, Anna Robledo et al vs. City of Corpus Christi et al; with possible discussion and
action related thereto in open session.
29. Executive Session under Texas Government Code Section 551.071 regarding fire collective
bargaining negotiations, 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 motion was passed with the following vote:
28. MOTION NO. 2008-192
Motion authorizing the City Manager to settle Cause No. 07-478, Anna Robledo, et al, vs.
City of Corpus Christi, et al, for the sum of $355,000, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, and Martinez, voting "Aye"; Hummell, Marez, and McCutchon were
absent.
Mayor Garrett opened discussion on Item 22 regarding the second reading to adopt the
FY2008-2009 operating budget and ratifying the increase in property tax revenues from last year's
operating budget. Assistant City Manager Oscar Martinez referred to a powerpoint presentation
including the revisions to the general fund; general fund adjustments in response to Council
amendments; considerations for funding the Volunteer Center; and the total appropriations for the
enterprise funds, internal services funds, debt services funds, and special revenue funds.
Council members asked questions regarding salary raises for municipal court judges; the
reserve appropriation; and salary adjustments for civilians.
Minutes— Regular Council Meeting
July 22, 2008 — Page 12
Ms. Martinez made a motion to amend line item 80003 — Reserve for Appropriation by
providing $25,000 of the $39,000 to the Commission on Children and Youth. The motion was
seconded by Ms. Cooper. A brief discussion ensued regarding the reserve for appropriation and
compensation for civilian employees. Ms. Martinez withdrew her motion.
Mayor Garrett called for comments from the audience. J.E. O'Brien, 4130 Pompano, spoke
regarding setting a time certain for the adoption of the budget; approval of the budget prior to
receiving the certified tax roll; tax increases; reducing outside legal expenses; and health insurance.
Jon Kelley, 413 Waco, spoke regarding economic development; wage increases; human
infrastructure; and the quality of life. Susie Luna Saldana, 4710 Hakel, spoke regarding the health
insurance increases for police and firefighters and salary increases for municipal court judges.
Carlos Torres, President of the Corpus Christi Firefighters Association, asked whether the budget
included a 4% increase for firefighters. City Secretary Chapa polled the Council for their votes as
follows:
22.a. ORDINANCE NO. 027776
Adopting the City of Corpus Christi budget for the ensuing Fiscal Year beginning August 1,
2008; to be filed with the County Clerk; appropriating monies as provided in the budget.
(First Reading 07/15/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, Marez, and Martinez, voting "Aye";
McCutchon was absent.
22.b. ORDINANCE NO. 027777
Ordinance to ratify increase of $5,150,870 in Property Tax Revenues from last year's
Operating Budget as reflected in the FY 2008-2009 Operating Budget. (First Reading
07/15/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, Marez, and Martinez, voting "Aye";
McCutchon was absent.
Mayor Garrett opened discussion on Item 23 regarding the Compensation and Classification
Plan. Director of Human Resources Cynthia Garcia explain that this item included the provisions
detailed during the first reading of the ordinance and the possibility of including a raise for civilian
employees. Ms. Garcia said that the proposed ordinance would increase employee salaries by 2.5%
and would raise the ranges by 5% for a total amount $2,340,262. Ms. Garcia stated that a market
study was conducted in reference to municipal courtjudges and the findings indicated that the City's
pay range for municipal court judges is comparable to the market. Ms. Garcia added that the
individual salaries lagged the market because the City is hiring the judges at the minimum of the
range.
Council Member Elizondo requested that staff provide a one-year and two-year approach for
funding an increase for municipal court judges.
Mayor Garrett made a motion to amend Section 39-309 to include that all sworn firefighters
covered under the collective bargaining agreement and firefighter trainees will receive a 4% pay
increase effective August 4, 2008 as impasse procedures continue. The motion was seconded by
Minutes — Regular Council Meeting
July 22, 2008 — Page 13
Ms. Cooper. Carlos Torres, President of the Corpus Christi Firefighters Association, thanked the
Council for taking steps to move forward by approving a 4% increase as impasse procedures
continue. Mr. Torres reiterated that the firefighters are still at an impasse. City Secretary Chapa
polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye'; McCutchon was absent..
Mr. Kelly made a motion to amend the ordinance to include a 2.5% increase for civilian
employees and to amend the ranges effective September 1st contingent upon funds being available
after the tax roll is presented and the effective tax rate is calculated. The motion was seconded by
Ms. Cooper. Maria Gonzalez stated that she felt that the increase for civilian employees was not
enough. Ms. Gonzalez also spoke regarding the skill -based pay plan. Jon Kelley, 413 Waco, spoke
regarding salary increases. City Secretary Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent..
Mike Staff, Corpus Christi Police Officers Association, introduced their consultant Randy
McGraw with the JDW Insurance and Crest Benefits Consulting. Mr. McGraw provided a brief
presentation including the information provided by the City; forecasting of expenses; the fund
balance; the GASB 45 obligation; the attachment point; aggregate insurance; the forecast
methodology used; and the recommendations.
The City's actuary Glenn Giesy with Oliver Wyman stated that Mr. McGraw came up with the
same figures that he provided to the City. Mr. Giesy added that Mr. McGraw used different trends for
police and fire and was drawing down the reserve fund balance.
Mike Staff, Corpus Christi Police Officers Association, spoke regarding the information
provided to the associations; the deficit in the police health plan; the benefits for city employees;
funding for GASB 45; the fund balance; and the City's recommendation for increases. Susie Luna
Saldana, 4710 Hake!, spoke regarding self-funded insurance and asked the Council to consider the
impact of the increased health insurance on the police and firefighters. Carlos Torres, Corpus
Christi Firefighters Association, spoke regarding accountability and the lack of communication on
the health insurance and GASB 45 issues. Mr. Torres also spoke regarding setting up health
insurance committees and the reserve fund balance. Joan Veith, 5701 Cain, asked the Council to
consider doing what is best for the police and firefighters. Jason Brady, 321 John Sartain, asked
questions regarding whether the increase in premiums is to fund GASB 45.
Council members asked questions regarding the individual salary for municipal courtjudges;
the range set for municipal court judges; whether the Council sets the range for municipal court
judges; whether staff is prepared to make a recommendation to increase the salaries for municipal
courtjudges based on the judge's experience; the impact to the budget for increasing the municipal
court judge's salaries; a multi-year approach to fund municipal court judge salaries; the number of
full-time judges; the employment time for the judges; the estimated increase in valuation; the range
increase for civilian employees; the $1 million payment to Humana for reinsurance; the primary
differences between the two assessments for health insurance; what the fund balance would be if
the health insurance rates stayed the same based on the findings by Mr. McGraw; spending down
the reserve fund balance by $3 million; comparison of health insurance rate increases; whether Mr.
Giesy would recommend spending down the reserve fund balance; whether the City is being over
conservative with the fund balance; whether the City can increase the rates over a two year period;
whether the fund balance is being drawn down with the increases proposed; the target reserve of
25%; the projected net operating loss for public safety; impacts for drawing down the fund balance;
Minutes — Regular Council Meeting
July 22, 2008 — Page 14
whether Mr. McGraw believes there is a miscalculation on the health insurance trends; tracking
excess contributions; the timeframe to reassess the insurance premiums for the three different
plans; the national trend approach; whether the compensation plan could be approved if the Council
gave direction to staff to review additional data on the insurance increases; the growth of the fund
balance over a three year period; an explanation on how the rates for police and fire would be higher
and would not increase the fund balance; whether the insurance rates have increased over the last
three years; the allocations made to the fund balance by departments; the GASB 45 reserve; the
current fund balance for insurance; claims incurred but not recorded; the new stop loss amount;
whether the new lifetime maximum was considered; whether all of the data was provided to Crest
Benefits; whether the City pays premiums; the City allocating funding for vacant positions; and the
number of unfilled positions the City is allocating funding to and the amount of the funding. The
following motion was made by Mayor Garrett and seconded by Ms. Ms. Martinez:
MOTION NO. 2008-188
Motion directing the City Manager to not implement the 0% civilian, 18% fire, and 20% police
health insurance increase as proposed in the budget for 60 days in order to give staff an
opportunity to review new data and come back to the Council with a recommendation.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
City Secretary Chapa polled the Council for their votes as follows:
23. ORDINANCE NO. 027778
Amending the Code of Ordinances, Chapter 39, Personnel, Article III, Employee
Compensation and Classification System, to revise definitions of Full-time and Part-time
Employees, add Parks and Recreation skill -based pay grades, revise Step Pay Rates for
Metro -Com Technician, revise Minimum Wage, revise Police Management pay range, add
Attorney Career Ladder, add Information Technology Career Ladder, add 4% pay increase
for all sworn firefighters covered in the collective bargaining agreements and firefighter
trainees; designate FICA Alternative Plan participation by Temporary Employees, revise
Part -Time Employee Eligibility and participation in (1) Group Hospitalization (2) Term Life
Insurance (3) Disability Insurance (4) Holiday, Sick, Bereavement, Vacation and other leave;
clarify Airport Safety Officer eligibility in Vacation Leave Accrual; modify Sick Leave "cash -in"
provision; provide that Employee may use Bereavement Leave in death of Son -in -Law,
Daughter -in -Law, and Step -Parent; to provide for 15 -day paid Military Leave in one calendar
year; to amend Nepotism Section to (1) prohibit Department Head hiring or review of
Employee Son -in -Law, Daughter -in -Law, (2) clarify Spouse's relatives, and (3) add provision
to continue relationship by affinity despite divorce or death if Child of Marriage is living; to
combine Plan I and Plan II Personal Leave into one plan; to combine Plan I and Plan II
Bereavement Leave into one plan; repealing all other ordinances, and rules, or parts of
ordinances and rules, in conflict with this ordinance; providing for an effective date. (First
Reading 07/15/08)
The foregoing ordinance was passed and approved as amended on its second reading with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez,
voting "Aye"; McCutchon was absent.
(The above ordinance was amended to include a 2.5% increase for civilian employees
and to amend the ranges effective September 1s` contingent upon funds being
available after the tax roll is presented and the effective tax rate is calculated.)
Minutes — Regular Council Meeting
July 22, 2008 — Page 15
**The 2.5% cost of living increase and change to pay ranges was not implemented at
this time due to the effective tax roll. Subsequently, an amendment to the
Compensation Plan for a 2.5% cost of living increase for non -safety personnel was
approved by Council on August 26, 2008, Ordinance No. 027819.
Ms. Martinez made a motion requesting that the City Manager administratively reduce
$25,000 from the $39,000 - Reserve for Allocation in the FY2008-2009 Operating Budget for the
Commission on Children and Youth. The motion was seconded by Mr. Kelly.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; Elizondo and McCutchon were
absent.
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Mayor Garrett referred to Item 27, a presentation on a cost comparison report — Southside
Water Reclamation Plant vs. Greenwood Wastewater Treatment Plant. City Manager Noe stated
that this presentation was based on a Council directive to consider a Southside plant option. Govind
Nadkarni, Consultant, referred to a powerpoint presentation including previous action on March 25,
2008; map of the Oso Wastewater Reclamation Plant areas to be transferred to Southside (Starry
Road) Wastewater Treatment Plant; Southside Wastewater Treatment Plant transfer information;
the Southside population growth projection; flow projection and flow transfer for the Southside area;
development phases and costs for Southside transfer; benefits of the Southside plant; constraints of
the Southside location; the Oso Water Reclamation Plant service area to Greenwood transfer;
alternate routes for transfer to Greenwood Wastewater Treatment Plant; Greenwood transfer
information; development phases and costs for Greenwood Wastewater Treatment Plant transfer;
benefits of the transfer to Greenwood; constraints of the Greenwood location; cost comparison of
Alternates 1-4; the cost comparison for the flow transfer to Southside or Greenwood; staff
recommendations; and long term needs recommendations
Council members asked question regarding the TCEQ stream standards for Oso Creek/Oso
Bay; the reason that the Greenwood plant can expand four (4) millions per gallon (MGD) when it
flows into Oso Creek; the current MGD at Greenwood; whether the new Broadway plant has to meet
the stringent requirements; the current capacity at the Oso Plant; the average flow at Oso;
comparison of Southside and Greenwood costs for Phase 1; the distance of pipeline for
Greenwood; the location of Lift Station 5; the TCEQ prolonged discharge permit approval time
period; the variance for the Allison plant; the reason that staff is recommending the transfer to
Greenwood; the time constraints for demand of the Southside plant; how Development Services
determined Southside population growth projections; whether the growth projections take into
consider housing market trends; if the City originally purchased the Starry Road land for a Southside
plant; the cost difference between the Flint Hills location and the new Broadway Treatment Plant;
whether it would have taken longer to build force mains to Greenwood than to build the Broadway
Plant; time constraint and cost factors for Southside and Broadway plants; how the stringent
discharge requirements effect the cost of the project; the long term recommendation to work with
TCEQ to get Oso Bay/Oso Creek water quality stream standards revised; discharge into Oso Bay;
projects funded in the capital improvement program; whether there is a plant in the Flour Bluff area;
whether there is flow South of Oso Creek that goes to the Oso Treatment plant; the reason that the
water has to be tested/modeled for a five-year period; the reason that Alternate 2 route via Saratoga
is the most expensive option; the owner of the right-of-way on Saratoga; whether the Texas
Department of Transportation will give the City the right-of-way on Saratoga; the amount of
additional pipe needed for Alternate 4; the problems associated with Alternate 4; whether piping
currently exists on Alternate 4; recommendations based on population growth projections;
maintenance of underground piping; study of the economic impact; previous Council action in 1997;
Minutes — Regular Council Meeting
July 22, 2008 — Page 16
whether engineering cost have been completed to execute the transfer to Greenwood; whether area
26 and area 31 are served by Oso; the time period for design and construction; how rain events
would impacting Greenwood; the percentage of growth in the Southside over the last couple of
years; the MGD at Greenwood when the plant was originally built; the recommended MGD at the
Southside plant; the estimated timeframe for Phase 2 of the Southside plant; whether there is land
platted near the Southside location; and the lift station South of the Oso.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 6:33 p.m. on July 22, 2008.
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