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HomeMy WebLinkAboutReference Agenda City Council - 10/20/200911:45 A.M. -proclamation declaring October 24, 2009 as "Get Up & Out! Play Day 2009" ~t'oclamation declaring October 25-27, 2009 as "C.A.R.E. Campaign Days" ,~foclamation declaring the week of October 25-31, 2009 as "Pro Bono Week" swearing-in Ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 OCTOBER 20, 2009 12:00 P.M. PUBLIC NOTICE -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED /N THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petftion or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingl~s-espanol en todas las juntas del Concilio para ayudade. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. - A/ Mayor Joe Adame to call the meeting to order. ~B. Invocation to be given by Mr. Ceven C. Cullens, Business Manager, Real Life Fellowship C. Pledge of Allegiance to the Flag of the United States. - '~TI G~ (~IPSC~'~G1 t G <<° D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame ~~~~~ Mayor Pro Tem John Marez ~'' Council Members: Chris N. Adler ~ City Manager Angel R. Escobar Brent Chesney /' Interim City Attorney Lisa Aguilar Larry Elizondo, Sr. City Secretary Armando Chapa Kevin Kieschnick Priscilla Leal ---.~~~ Nelda Martinez Mark Scott J Agenda Regular Council Meeting October 20, 2009 Page 2 E. MINUTES: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1. Approval of Regular Meeting of October 13 2009. Attachment #1) ~~ ~~j ~1~f~~1 `~~~I`t') J F. EXECUTIVE SESSION: ~'~: I b -^ ~' ~® 'T'~ ~ ~~ PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2. Executive session under Section 551.071, 551.072 and Section 551.087 of the Texas Govemment Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. Executive session pursuant to Texas Government Code, Section 551.074 Personnel Matters for deliberations on former Municipal Juvenile Court Judge regarding appointment, employment, evaluation, reassignment, duties, discipline, or dismissal or a public officer or employee or to hear a complaint or charge against an officer or employee. 4. Executive session under Texas Government Code Section 551.071 for consultation with its attorney regarding Nueces County Water Control and Improvement District No. 4 vs. City of Corpus Christi, before the Texas Commission on Environmental Quality, TCEO Docket No. 2008-1473-UCR, SOAH Docket No. 582-09-1170, with possible discussion and action in open session. 5. Executive session under Texas Government Code Section 551.071 regarding San Patricio Municipal Water District and South Texas Water Authority vs. City of Corpus Christi, Cause No. 08-5366-G in the 319'" Judicial District Court, Nueces County Texas, with possible discussion and action in open session. Agenda Regular Council Meeting October 20, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion fo reconsider maybe made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA '1"'y~j Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the ftems not n;quiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 6. a. Resolution authorizing the City Manager or his designee to accept a grant of $174,439 from the Texas Department of State Health Services for personnel costs, equipment and other expenses to fund a public health emergency response program relating to a plan for responding to an act of terrorism and to execute all related documents; and ratifying acceptance of the grant agreement to begin September 15, 2009. (Attachment # 6) ;.~,~,351 .. ,:. , Agenda Regular Council Meeting October 20, 2009 Page 4 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating a grant of $174,439 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide a public health emergency response program relating to a plan for responding to an act of terrorism. (Attachment # 6) a. Resolution authorizing the City Manager or his designee to accept a grant of $845,500 from the Texas Department of State Health Services to provide for the Women, Infants and Children (WIC) program, based on an $11.81 reimbursement for each participant served, and to execute all related documents; and ratifying acceptance of grant agreement to begin October 1, 2009. (Attachment # 7) b. Ordinance appropriating a grant of $845,500 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants and Children (WIC) program, based on an $11.81 reimbursement for each participant served. (Attachment # 7) a. Resolution authorizing the City Manager or his designee to accept a grant of $202,923 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents; and ratifying acceptance of grant agreement to begin ~Aelel3er 1, 2009. (Attachment # 8) St~frmber b. Ordinance appropriating a grant of $202,923 from the Texas Department of State Health Services in the No. 1066 Health Grants fund to provide essential public health services. (Attachment # 8) 9. a. Resolution authorizing the City Manager or his designee to accept a grant of $84,729 from the Texas Department of State Health Services to provide tuberculosis prevention and control services and to execute all related documents; and ratifying acceptance of grant agreement to begin September 1, 2009. (Attachment # 9) I~i28352 (I r) - n r' ~.~i.3~ n~ ~r L~~JJ C'~`'~:`355 ~}~~': 593 :1ti~~5~ Agenda Regular Council Meeting October 20, 2009 Page 5 10. 11 12. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating a grant of $84,729 from the Texas Department of State Health Services in the No. 1066 Health Grants fund to provide tuberculosis prevention and control services. (Attachment # 9) a. Resolution authorizing the City Manager or his designee to accept a grant of $22,500 from the Texas Department of State Health Services to provide laboratory services for the analysis of bay water samples and to execute all related documents; and ratifying acceptance of grant agreement to begin September 1, 2009. (Attachment # 10) b. Ordinance appropriating a grant of $22,500 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide laboratory services for the analysis of bay water samples. (Attachment # 10) a. Resolution authorizing the City Manager or his designee to accept a grant of $5,000 from the Texas Department of State Health Services for supplies to provide flu testing and to execute alt related documents; and ratifying acceptance of grant agreement to begin September 1, 2009. (Attachment # 11) b. Ordinance appropriating a grant of $5,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide flu testing. (Attachment # 11) a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a Weed 8~ Seed grant in the amount of $142,000 for Corpus Christi South East (Flour Bluff) Weed and Seed Community for the support of the Weed & Seed Program from the U.S. Department of Justice (DOJ). (Attachment # 12) b. Ordinance appropriating a $142,000 grant from the United States Department of Justice for the support of the Corpus Christi South East (Flour Bluff) Weed and Seed Community FY 2009-2010 in the Federal/State Grant Fund No. 1067. (Attachment # 12) +.ri?~35~ C~~?8359 t!2~'364 X28361 +x`'836? i~'128363 C"`8364 Agenda Regular Council Meeting October 20, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer [o legend at the end of the agenda summary) 13. Ordinance appropriating $400,000 from U. S. Environmental Protection Agency in the No. 1071, Community Enrichment Fund for a three year community-wide Brownfields Assessment Program. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute a construction contract with Teal Construction Company of Corpus Christi, Texas, in the amount of $673,010 for the Parks Operation Maintenance Facility at West Guth Park for the Total Base Bid, Additive Alternate Bid No. 1, and Additive Alternate Bid No. 2. (BOND ISSUE 2008) (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute a construction contract with H&G Contractors, Inc. of Corpus Christi, Texas, in the amount of $376,642.10 for the Las Colonias Subdivision Drainage Improvements and Drainage Channel Clearing and Stabilization at Saratoga Bridge for the total base bid. (Attachment # 15) 16. Second Reading Ordinance -Authorizing the City Manager, or his designee, to execute an amendment to the Use Agreement with the South Texas Botanical Gardens & Nature Center for the use of an additional 3.66 acres of land out of the Botanical Gardens Park Unit 4 Subdivision, located north and adjacent to the South Staples Street (Farm to Market Highway 2444) public right of way; to facilitate expansion of the center; and providing for publication. (First Reading - 9/22/09) (Attachment # 16) J. PUBLIC HEARINGS: (NONE) ~y K. REGULAR AGENDA ~"31 ~ ~I ~~ CONSIDERATION OF MOTIONS RESOLUTIONS. AND ORDINANCES: 17. Ordinance amending the Code of Ordinances, Section 53-109, by allowing limited operation of a golf cart on public highway of not more than 35 miles per hour, pursuant to Section 551.404 of the Texas Transportation Code; providing for penalties; and providing for publication. (Attachment # 17) C~~ 2009 2009 ~~'~3365 296 297 ',;'366 i~~3s7 Agenda Regular Council Meeting October 20, 2009 Page 7 ~ ~ L~.p ~ ~: 0 ~ CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) L. PRESENTATIONS: (To be considered at approximately 1:30 p.m.) Public comment will not be solicited on Presentation items. 18. Refinery and Petrochemical Industry Presentation (Attachment # 18) 19. State of Texas Artificial Reef Program, by J. Dale Shively, Program Coordinator with Texas Parks & Wildlife (Attachment # 19) 20. Change in Fiscal Year Update (Attachment # 20) -' /-~;DO-~'~3~ M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. ~~S-I-~n~~.a~~ 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. Agenda Regular Council Meeting October 20, 2009 Page 8 N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: ~:`~~~ POSTING STATEMENT: CITY COUNCIL PRIORITY ISSUES (Refer to legend at Ne end o(Tne agenda summary) This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ,~% D O p•m•, on October 15, 2009. `jy'~ Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2009-20'11 Y'y~ ¢°~~QF ,® ~M.Y ~-r. Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy -o ~1 0 I~ c5' O rt O ~D N O N 0 0 cc mn_ ~~ DO ~~ n n 00 C ~ Z ~ (~ C r ~ 3 n m= m~ ~N z =~ O v ~~ 0 i~ S ~n 5 -~-- O 0 N 0 N 0 0 m m G7 ~~ DO ~T n~ 00 C ~ Z ~ n C r N ~n m= m~ ~~ z =~ G7