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2004 01 22 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 22, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on January 22, 2004, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Coleman Godwin Calvin Mundinger Don Murray Mercedes Renteria III Scott Sheley Pete C. Alfaro Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was opened with a quorum present and Council Member Sheley led the pledge of allegiance. Mayor Alfaro recognized the Sterling High School students present after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on January 8, 2004. Council Member Mundinger moved approval of the minutes of the work session and regular meeting held on January 8, 2004. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Receive and discuss Financial Statements and Single Audit Report for the City of Baytown fiscal year ended September 30, 2003. The Financial Statements and Single Audit Report for period ended September 30, 2003 were presented. In accordance with Article II, Section 31 of the Charter, the Finance Department has prepared the financial statements for the year ended September 30, 2003. The Finance Committee met on January 21, 2004 to review the Financial Statements and Single Audit Report. Tiller and Company, a public accounting firm, conducted the independent audit. Page 2 of 14 Minutes of the Regular Session — January 22, 2004 Donna Sams, Finance Director, informed Council that because of the Governmental Accounting Standard Board's Pronouncement No. 34 (GASB), gathering the information for these reports had been especially difficult this past year. She said the City's reserves were stable, due to budget contingency planning. She explained that a growth in values was slowing growth in revenues. She commended her staff, especially City Controller Robert Chambers, for the long hours devoted to the compilation of the reports. Mark Tiller, of Tiller and Company, reported that his company had rendered clean opinions of both reports and that there were no problems in compliance or in the internal controls for handling funds. Council Member Anderson moved acceptance of the reports. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Receive and discuss Baytown Area Water Authority Financial Statements for the fiscal year ending September 30, 2003. The financial statements for the Baytown Area Water Authority (BAWA) for the year ended September 30, 2003 have been prepared and presented to the BAWA Board of Directors. BAWA is presented in a separate column in the City's Comprehensive Annual Financial Report to emphasize the legal separation between BAWA and the City of Baytown. In -depth information on BAWA's financial activities is included in a separate report. Council Member Mundinger moved acceptance of the reports. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider Proposed Ordinance No. 040122 -1, enlarging the boundaries of Reinvestment Zone Number One, City of Baytown to include an area consisting of approximately 45 acres adjacent to John Martin Road. Proposed Ordinance No. 040122 -1 extends the boundaries of Reinvestment Zone Number One, City of Baytown, to include property owned by and proposed for development by Gulf Equities. The owner of the property has requested that it be included in the Zone. Page 3 of 14 Minutes of the Regular Session — January 22, 2004 The property is generally described as being approximately 45 acres adjacent to John Martin Road. The property is proposed for development with a residential subdivision. This property has been undeveloped for many years. It is open property, without subdivision or improvements. The proposed improvements to the property will significantly enhance the value of all the taxable real property in the zone and will be of general benefit to our community. Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. Council Member Murray, Chairman of the Baytown Redevelopment Authority, informed Council that this expansion will extend Hunt Road from Garth Road to John Martin Road, opening the entire area to both residential and commercial development, and will be positive for the City. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9708 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ENLARGING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN TO INCLUDE APPROXIMATELY 45 ACRES ADJACENT TO JOHN MARTIN ROAD; MAKING OTHER PROVISIONS RELATED THERETO; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040122 -2, awarding a contract for the dredging of the Bayland Marina and Channel. This item was not ready for consideration. Consider Proposed Ordinance No. 040122 -3, amending the professional services contract with de Oplossing, Inc. for the Baytown Court and Jail Facility. The original contract amount, approved by the City Council on June 23, 2003, was $18,260. The proposed amendment will increase the total amount by $18,000 to $36,260. The original scope of work included a microbial investigation as well as re -bid solicitation and construction management services for the Baytown Court and Jail Facility. The microbial investigation and the re -bid packages have been completed. The proposed change will shift de Oplossing, Inc.'s responsibility to managing Fireman's Construction Company's (Fireman's) and its subcontractors' completion of their contractual obligations. Significantly more construction management time has been utilized due to Fireman's failure to complete the punch list items. The total contract amount of $36,260 includes roof inspection services to assure quality control in the installation of the new roof. Additional mold remediation work will be necessary once the new curved metal roof is completed. This amendment will be funded by retainage on the project. Page 4 of 14 Minutes of the Regular Session — January 22, 2004 Council Member Godwin moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9709 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH DE OPLOSSING, INC., FOR CONSTRUCTION MANAGEMENT, ROOF INSPECTION AND MOLD REMEDIATION SERVICES FOR THE BAYTOWN COURT AND JAIL FACILITY; AUTHORIZING ADDITIONAL FUNDS IN AN AMOUNT NOT TO EXCEED EIGHTEEN THOUSAND AND NO /100 DOLLARS ($18,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 0401224, authorizing a contract for a Storm Water Rate Study. Proposed Ordinance No. 040122 -4 authorizes a contract in the amount of $49,500 for a Storm Water Rate Study with Maximus, Inc. Requests for proposals were sent to four vendors and four proposals were received. Maximus, Inc. presented the best proposal under the terms of the request with the price of $49,500. A $1.00 per customer monthly charge is included in the budget to fund the study. Funding is available in the Stormwater Utility Fund. Council Member Murray moved adoption of the proposed ordinance. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9710 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL CONSULTING SERVICES AGREEMENT FOR A STORM WATER RATE STUDY WITH MAXIMUS, INC., AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY -NINE THOUSAND FIVE HUNDRED AND NO 1100 DOLLARS ($49,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 14 Minutes of the Regular Session — January 22, 2004 Consider Proposed Ordinance No. 040122 -5, authorizing the execution of a lease with the Bay Area Heritage Society for the Museum property at 220 West Defee Street. Proposed Ordinance No. 040122 -5 authorizes the execution of a new lease agreement with the Bay Area Heritage Society for the Museum property located at 220 West Defee Street and authorizes the City Manager to sign the agreement. In 1986, the City and the Bay Area Heritage Society entered into a 25 -year lease for the museum property. There are eight years remaining on that lease. The Society wishes to invest approximately $20,000 in flooring replacement in the near future and has asked to initiate a new 25 -year lease in order to amortize their investment. The Society is responsible for all building maintenance on the portion the Society leases, excluding the boiler. Council Member Renteria moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9711 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A LEASE AGREEMENT BY AND BETWEEN THE CITY OF BAYTOWN AND THE BAY AREA HERITAGE SOCIETY OF BAYTOWN, TEXAS, CONCERNING PROPERTY LOCATED AT 220 WEST DEFEE, BAYTOWN, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040122 -6, amending the professional services agreement with Claunch & Miller, Inc., relating to the 2001 Street Bond Program, Phases One and Two. Proposed Ordinance No. 040122 -6 amends the professional services agreement with Claunch & Miller, Inc., relating to the 2001 Municipal Street Bond Program for design and construction project packaging changes based on the policy issues adopted by Council for the 2001 Street Bond Project, Phases One and Two. On July 10, 2003, Council adopted eight policy issues in hopes of reducing the overall construction cost for the project. The project was divided into two separate bid packages. Council was informed that, while the cost to implement these changes could be as high as $94,000, the construction cost would be reduced by approximately $800,000. As a result of the policy changes, the City saved approximately $828,000. The consultant's Opinion of Probable Cost for the first bid package was $3,341,000 and the actual bid was S2,513,000, thus achieving the $828,000 in savings. Due to an under -run in the existing budget r for professional services, the additional work to complete the design is $60,500, which is $33,500 less than the $94,000 estimated on July 10, 2003. Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Page 6 of 14 Minutes of the Regular Session — January 22, 2004 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9712 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ADDITIONAL FUNDS IN THE AMOUNT OF SIXTY THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($60,500.00) FOR ADDITIONAL SERVICES PERFORMED BY CLAUNCH & MILLER, INC., FOR DESIGN AND CONSTRUCTION PROJECT PACKAGING CHANGES FOR THE 2001 STREET BOND PROJECT, PHASES ONE AND TWO; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 040122 -7, calling a public hearing on February 12, 2004, concerning local incentives inside and outside an enterprise zone. Proposed Ordinance No. 040122 -7 calls a public hearing to be held during the Council meeting on February 12, 2004, to allow the public to comment with respect to local incentives and nominate a project available to business enterprises within the jurisdiction of the City of Baytown regardless of whether those business enterprises are located in an enterprise zone and designating a project. Council Member Godwin moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9713 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE DATE AND PLACE FOR A PUBLIC HEARING REGARDING LOCAL INCENTIVES AVAILABLE INSIDE AND OUTSIDE AN ENTERPRISE ZONE AND THE NOMINATION OF AN ENTERPRISE ZONE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 7 of 14 Minutes of the Regular Session — January 22, 2004 Consider Proposed Ordinance No. 040122 -8, authorizing an agreement with Harris County for fire protection services in an unincorporated area of Harris County. This contract covers the period from September 23, 2003, to February 29, 2004. The amount to be paid under the agreement is $8,135 for services rendered prior to September 23, 2003, and $5,833 for services to be performed during the term of the agreement. The amounts are based upon the 2003 actual calls for services as applied to a payment scale used county -wide. This contract contains some changes from the prior agreements -- most notably that being an acknowledgement that (i) the fees for services are not meant to reimburse the City for all of its expenses incurred and (ii) the City is permitted to charge the responsible party for services provided. Council Member Renteria moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9714 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE PROVISION OF FIRE PROTECTION SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040122 -1, granting a petition for annexation submitted by West Little York 62 Ac., Ltd., and authorizing preparation of a service plan. Proposed Resolution No. 040122 -1 grants a petition for annexation submitted by West Little York 62 Ac., Ltd., to annex a 100.8628 -acre tract of land being all of Lot 38 and part of Lot 25 in Unit "D" of Elena Fruit and Cotton Farms, in the G. C. & S. F. Railway Survey No. 2, Abstract 1017, Harris County, Texas. Staff is directed to prepare a service plan for the proposed annexation and to schedule the necessary public hearings. The property is proposed to be developed as a residential subdivision. Annexation is necessary in order for the property to receive City water and wastewater service. Council Member Murray moved adoption of the proposed resolution. Council Member Mundinger seconded the motion. In response to a question from Council, City Manager Jackson replied that supplying City utilities is contingent upon the annexation. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 8of14 Minutes of the Regular Session — January 22, 2004 RESOLUTION NO. 1625 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF WEST LITTLE YORK 62 AC., LTD., CONCERNING THE ANNEXATION OF A 100.8628 ACRE TRACT OF LAND, BEING ALL OF LOT 38 AND PART OF LOT 25 IN UNIT D OF ELENA FRUIT AND COTTON FARMS, IN THE G.C. & S.F. RAILWAY SURVEY NO. 2, ABSTRACT 1017, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 040122 -2, canceling the regularly scheduled City Council meeting of April 8, 2004 and calling a special City Council meeting. Thursday, April 8, 2004 is Maundy Thursday and holding a City Council meeting at the usual time conflicts with religious services. In the past, the meeting has been scheduled earlier in the afternoon. The meeting could be scheduled for Tuesday, April 6, 2004 at 6:30 p.m. or for Thursday, April 8 at 4:30 p.m. Council Member Sheley moved adoption of the proposed resolution to reschedule the meeting to 4:30 p.m. on the regular meeting date of April 8, 2004. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1626 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON APRIL 8, 2004, AT 4:30 P..M., IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CANCELLING ITS REGULARLY SCHEDULED CITY COUNCIL MEETING TO BE HELD ON APRIL 8, 2004, AT 6:30 P.M., IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider providing direction related to possible sales tax election options. Council Member Sheley moved to direct staff to include a quarter -cent street maintenance sales tax on the May 15, 2004 election ballot, along with an education campaign explaining how the funds will be used. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 9 of 14 Minutes of the Regular Session — January 22, 2004 Consent Agenda a. Proposed Ordinance No. 040122 -9 awards the annual portable toilet rental services contract to BFI Waste Services of Texas, LP in the amount of $27,570. Invitations to bid were sent to eight suppliers and we received three bids and two no -bids. This annual contract will be used for multiple park locations and special events. b. Proposed Ordinance No. 040122 -10 awards the annual roll -off containers services contract to Arrow Waste in the amount of $156,655. Invitations to bid were sent to 11 bidders and we received 10 responses. This contract is used to deliver and furnish containers to haul and dispose of the contents of 40 -yard and 30 -yard roll - off containers. Containers will be used by the public for collection of junk, heavy trash, and building materials at the drop -off center, for special events throughout the year, and by various departments on a routine basis. C. Proposed Ordinance No. 040122 -11 rejects all bids for the annual concrete pipe contract. Invitations to Bid were sent to five suppliers and we received three bids. This contract is not necessary this year due to stockpiled inventory for concrete pipe. d. Proposed Resolution No. 040122 -3 approves an application to the Criminal Justice Division, Office of the Governor, for a Byrne Funded Grant of $3,194,337 for the Harris County Organized Crime & Narcotics Task Force, designating the City Manager as the Authorized Official; and authorizing the City Manager to accept any grant awarded from the application. The total match for this grant will be $1,158,297, which is a 26.61% match. The City of Baytown's match portion of the local match is $111,437. The remaining match money will come from other participating member agencies and generated program income, for a total annual project cost of $4,352,634. The match amount could fluctuate throughout the year due to grant adjustments for personnel as well as other changes. e. The City of Baytown's Investment Reports for the quarter ended September 30, 2003 and December 31, 2003 are hereby submitted for review in accordance with the Public Funds Investment Act, Section 2256.023 (a) and (b). The City of Baytown's Quarterly Report for the quarter ended December 31, 2003 is hereby submitted for review. Council Member Mundinger moved adoption of the consent agenda, items a through e. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 10 of 14 Minutes of the Regular Session — January 22, 2004 ORDINANCE NO. 9715 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BFI WASTE SERVICES OF TEXAS, LP FOR THE ANNUAL PORTABLE TOILET RENTAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -SEVEN THOUSAND FIVE HUNDRED SEVENTY AND NO1100 DOLLARS ($27,570.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9716 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ARROW WASTE FOR THE ANNUAL ROLL -OFF CONTAINERS SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FIFTY -SIX THOUSAND SIX HUNDRED FIFTY -FIVE AND NO /100 DOLLARS ($156,655.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9717 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING THE BIDS FOR THE ANNUAL CONCRETE PIPE CONTRACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1627 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO APPLY FOR A GRANT TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, BYRNE FUNDED GRANT PROGRAM IN CONNECTION WITH THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE; AUTHORIZING THE REPRESENTATIVE TO APPLY FOR, ACCEPT, ALTER OR TERMINATE ANY GRANT AWARD THAT MAY RESULT THEREFROM; COMMITTING TO PROVIDE THE REQUISITE MATCH FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Appointment of Municipal Court Judge for a term beginning February 1, 2004, to January 31, 2006. This item was not ready for consideration. Consider appointment of Associate Municipal Court Judge(s) for a term beginning February 1, 2004 to January 31, 2006. This item was not ready for consideration. Consider providing direction related to the Charter Review Committee. This item allows City Council to provide direction related to the Charter Review Committee and/or to frame a charge for the Committee. Page 11 of 14 Minutes of the Regular Session — January 22, 2004 Mayor Alfaro requested that Council revisit the action taken at the previous meeting to more clearly define how members will be appointed to the committee. The Mayor reminded Council that according to Council's Rules of Procedure, an item may not be reconsidered if the item has been previously considered and voted on by the Council within the preceding six months, unless the Council, by majority vote, waives this restriction as to the item. Council Member Murray moved to waive the restriction on reconsideration of an item previously considered and voted on by the Council within the preceding six months relating to the Charter Review Committee. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Council Member Sheley moved that each Council Member and the Mayor appoint a citizen, at- large, of the City of Baytown, to a Charter Review Committee. Council Member Godwin seconded the motion. There followed discussion regarding how the composition of the committee should be representative of the entire City. City Manager Jackson asked for clarification regarding whether Council would make the final appointment of the members of the Committee as nominated by each Council Member. Council Member Murray offered an amendment to the motion that the nominations to the Committee be finally approved by City Council. Council Member Anderson seconded the amendment to the motion. The vote follows on the amendment: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. The vote on the original motion, as amended, follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. IMN Nays: Mayor Alfaro. After consideration of the appointments to the Charter Review Committee, Council returned to the item to provide guidance to the Committee. Page 12 of 14 Minutes of the Regular Session — January 22, 2004 Council Member Mundinger moved that the Charter Review Committee perform a comprehensive review of the entire City Charter, with recommendations to be presented to Council for inclusion on the May, 2005 ballot. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mundinger, and Murray. Nays: Godwin, Renteria, and Sheley. Mayor Alfaro. The motion failed. Council Member Renteria moved that the Charter Review Committee make recommendations to Council to allow specific Council selected revisions to be addressed on the May, 2004 ballot, with further revisions as needed in the May, 2006 election. Council Member Sheley seconded the motion. The vote follows: Ayes: Godwin, Renteria, and Sheley. Mayor Alfaro. Nays: Council Members Anderson, Mundinger, and Murray. The motion carried. Consider Charter Review Committee appointments. Council Member Renteria was not ready to make a nomination to Place 1 on the Charter Review Committee. Council Member Sheley nominated Sheryl Ward to Place 2 on the Charter Review Committee. Council Member Mundinger nominated Jim Cauley to Place 3 on the Charter Review Committee. Council Member Murray nominated Dr. Joe C. Floyd to Place 4 on the Charter Review Committee. Council Member Anderson nominated Steve Fess to Place 5 on the Charter Review Committee. Council Member Godwin was not ready to make a nomination to Place 6 on the Charter Review Committee. Mayor Alfaro was not ready to make a nomination to the Charter Review Committee. Council Member Murray moved that the above individuals be appointed to the Charter Review Committee. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 13 of 14 Minutes of the Regular Session — January 22, 2004 City Manager's Report. City Manager Jackson informed Council that the bid packages for Bayland Island had been redistributed and were scheduled to be opened on January 29, 2004. Mr. Jackson said that the pre - construction conference for Phase I of the Street Program had been held. City Engineer Bill Pedersen stated that construction should begin by the first part of February 2004. He said that the contractor should begin working on two or three streets at the beginning of the program. Further, he said that according to the contract, each project must be complete before another is begun. As a point of order, Council Member Godwin moved to reconsider the item nominating members to the Charter Review Committee. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Council Member Godwin nominated Sammy Mahan to Place 6 on the Charter Review Committee. Mayor Alfaro nominated Lawrence Wallace to Place 7 on the Charter Review Committee. Council Member Renteria nominated Dorothy Shields to Place 1 on the Charter Review Committee. Council Member Godwin moved that the above individuals be appointed to the Charter Review Committee. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Continuing the City Manager's Report, Manager Jackson informed Council that construction on the Community Center renovation is underway. Mr. Jackson announced that both Johnny Carinos and Antonio's Restaurants had received building permits. Mr. Jackson said that 65% drawings were complete on the Police Academy and the Emergency Operations Center, with 90% drawings due in February. Page 14 of 14 Minutes of the Regular Session — January 22, 2004 r. Mr. Jackson stated that a report of the impact of Proposition 13 will be on the February 12, 2004 agenda. Mr. Jackson said that there will also be a discussion item regarding the Convention Center Project on the February 12, 2004 work session agenda. Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:35 p.m. _ / J // Gary W. Smi City Clerk