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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. ************* 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. ***********..