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Reference Agenda City Council - 10/26/2010
11:45 A.M. - Proclamation declaring November 6, 2010 as "Journ®y to Mealth Day" Proclamation declaring the week of October 31 -November 7, 2010 as "White Ribbon Against Pornography Week" Proclamation declaring the month of November 2090 as "Pancreatic Cancer Awareness Month" Presentation from Texas 17ept. of Transportation (TxDOT} for Click it or Ticket Program Certificate of Commendation: Presentation to Daniel Plunkett, M. & H. Towing AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 OCTOBER 26, 2010 12:0© P. M. PUBLIC NOTICE -THE USE OF CELLULAR PNQNES AND SOUND AGTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE GITY COUNCIL. Members of the audience wi!! 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 fhe microphone located of the podium acrd state your name and address. Your presentation will be limited fa three minufes. If you have a petition or other information pertaining to your subject, please present it to the City Secrefary. Si tJsted desea dirigirse al Concilia y tree que su ingles es Iimitado, frabra un interprets rngles-espano! en Codas las juntas del Concilio Para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services era requested to contact the City Secretary's office (at 389-828-3145) et least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adams to call the meeting to order. B. Invocation to be given by Pastor Neil Winchester, Pulse Fellowship. C. Pledge of Allegiance to the Flag of the Uni#ed States. ~ _ ~ 1 ~C~rlCl D D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adams Mayor Pro Tem Mark Scott Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnici< Priscilla Leal John Marez Nelda Martinez City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa ~f~~~~ Agenda Regular Council Meeting October 26, 2D1 D Page 2 E. MINUTES: CITY COUNCIL PRIORITY ISSUE5 (Refer to legend at the end of the agenda summary) 1. Approval of Re~ul r Meeting of October 19, 2010. (Attachment # tJ P. BOARDS & COMMITTEE APPOINTMENTS; (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative cartvenlence, certain of the agenda items are listed as motions, resolutions, or ordinances. if deemed appropriate, the ~ Cily Council wid use a different method of adoption from the one listed; may finally pass an ordinance by adapting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to 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 an any reconsidered item. H. CONSENT AGENDA Notlce to the Public The fallowing 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 ~'i 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 ifs normal sequence afiter the items not requiring separate discussion have been acted upon. The remaining items will be adopted .by one vote. ONSENT MOTIONS RESOLUTION5 ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (Af this point the Council will vote an all rnotlons, resolutions and ordinances not removed for individual consideration.) 2. Resolution authorizing the City Manager ar his designee to execute an Interlocal Agreement with Nueces County, Texas to allow for Nueces County to secure goods and services under a disaster recovery contract competitively procured by the City of Carpus Christi. (Attachment #~ 2) ~?88~.~. Agenda Regular Council Meeting October 2B, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. 4. a. Motion authorizing the City Manager ar his designee to accept supplemental grant funding in the amount of $27,933 firom the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment ~` 3} b. Ordinance appropriating $27,933 in the No. 1061 Police Grants fund from the Executive Office ofi the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastat Corridor Initiative in the Houston High lntensity Drug Trafficking Area. (Attachment # 3} c. Motion authorizing the City Manager or his designee to accept supplemental grant funding in the amount of $33,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High lntensity Drug Trafficking Area. (Attachment # 3) d. Ordinance appropriating $33,000 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor lni#iative in the Houston High Intensity Drug Trafficking Area. (Attachment # 3) e. Motion approving the purchase of 7001800 MHZ radios and accessories from Dailey & Wells Communications, of San Antonio, Texas based on sole source for a tots! expenditure of $00,406.36. Funds are available #hrough the Houston High Intensity Drug Trafficking Area grant. (Attachment # 3} a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $24,987 grant awarded by the ,Corporation for National and Community Service for Retired and Senior Volunteer Program {RSVP). {Attachment # 4) ~~ ~ ® ~~~- 02g8 ~2~.. X010 25~ 028813 201 ~ 259 ~288~1`4 Agenda Regular Council Meeting October 26, 2010 Page 4 5. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating a $20,987 grant from the Corporation far National and Community Service in the Na.1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. {Attachment # 4) a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $275,007 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. (Attachment # 5) b. Ordinance appropriating a $275,007 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Senior Companion Program. (Attachment # 5) 6. Motion authorizing the City Manager or his designee to execute documents necessary to purchase sculpture created by artist Jack Gron far a work of permanent art created in aluminum and bronze and authorize disbursement of $26,205.85 from the Bond Fund No. 3340 far such purchase. (Attachment # 8) 7. Resolution authorizing the City Manager or his designee to submit a grant application to the U.S. Department of Housing and Urban ©evelopment, Office of Public and Indian Housing, in the amount of $250,000 far atwo-year Choice Neighborhoods Initiatives Round 1 Planning Grant to support the development of a Comprehensive Transformation Pian for the target area bounded by Morgan, South Port, Agnes and Crosstown, also known as Census Tract 10, with a 5% city match requirement and to execute all related documents. (Attachment # 7} 8. Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Arts and Culture Alliance, Inc. to receive the FY 2010-2011 council salary funds not receivable by Council Member John Marez in support of the pragrarns provided by the Alliance member organizations for arts and culture programs in the City of Corpus Christi. (Attachment # 8) 02g8~:5 o~~~~s 0~~~517 20 ~~~ zso ~~~g~~ ~~ ~V? Agenda Regular Council Meeting October 26, 2010 Page 5 CITY CQUNCIL PRIORITY ISSUES (Refer to legend et the end of the agenda summary¢ 9. Motion authorizing the City Manager or his designee to approve {procuring consulting services from Citagu5 Software of ©ulu#h, Georgia to upgrade PeopleSoft Financials software to version 9.0 for an amount not to exceed $150,000. (Attachment # 9} 10. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2 to revise the membership of the Arts and Cultural Commission from 17 members to 9 members, and combine the music, dance, drama membership categories into new performing arts category, (Attachment # 10) 11. Second Reading Ordinance -Abandoning and vacating a 29,774-square foot portion (0.684 acr®s) of an undeveloped and unsurfaced 55-foot wide dedicated public right-of-way (Paxton i Street), out of the Navigation Industrial Park, said public right of way being located north of the Agnes Street public street right- of-way; subject to compliance with the specified conditions. - (First Reading - 10119110) (Attachment # 11) 12, Second Reading Ordinance -Abandoning and vacating a 25,774-square foot portion {0.59 acres) of an undeveloped and unsurfaced 20-foot wide dedicated public right-of-way, out of the Flour Bluff and Encinai Farm and Garden Tracts, Section 31, Lot 1 # , said public right of way being located just south of the Williams Drive public street righ#-of-way; subject to .compliance with the specified conditions. {First Reading - 10119110} ,(Attachment # 12) 13. Second Reading Ordinance -Authorizing the City Manager or his designee to execute a ten (10) year lease with Foresight Corpus Christi Golfi, LLC with options to renew far an additional ten (10) year term, and then an additional five {5) year term, far the use of Gabe Lozano, Sr. Golf Course and Osa Beach Golf Course for annual rental payments of one-half of net cash flow from operations; providing far publication. {First Reading - 09/28/10) {Attachment # 13) I. EKECUTIVE SESSION: PUBLIC NQTICE is green that the City Council may elect to go into executive session at any time during fhe meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 55~ of the Texas Government Code, arrd that the City Council spec~cally expects io go into 2010 Zfi2 0~8~19 Q~88~0~ ~~~$2~ C~~88~~ Agenda Regular Council Meeting October 26, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) executive session orr the fallowing matters. !n the event the Council elects to gv into executive session regarding an agenda item, the section or sections of the Open Mee#ings Act authorizing the executive session will be publicly announced by the presiding office. 14. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action in open session. 15, Executive session under Texas Government Cade Section 551.071 regarding In re the Complaint of Mercury Air Center - Corpus Christi, Inc. d.b.a. Atlantic Aviation, Complainant - against- City of Corpus Christi, Respondent, pursuant to Part 16 of the Federal Aviation Regulations. J. PUBLIC HEARINGS: (NQNE~ K. REGULAR AGENDA r ~ $ l~ 1~ ~ ~ 1 CONS}DERATION OF MOTIONS. RESOLUTIONS, AND ORDINANCES: 16, Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $75,000,000 for the prior lawful expenditure of funds from the proceeds of tax- exempt or taxable obligations to be issued by the City fior Q ~ ~ ~ 2 authorized purposes relating to constructing improvements to the City's Combined Utility System; authorizing matters incident and related thereto; and providing an effective date. (Attachment # 1 G) 17. a. Ordinance rescinding, canceling, and terminating an ordinance previously adapted on June 22, 2010 by the City Council authorizing the issuance of "City of Corpus Christi, Q ~ g ~ ~ 4~ Texas Utility System Revenue Refunding Bonds, Series 2010"; providing an effective date. (Attachment # 17) b. Motion authorizing the appointment of M.E. Allison as Financial Advisor; Frost Banic as Senior Manager; and Coastal Securities, Inc., Hutchinson, Shockey, Erley & r~ ®~ Company, Sterne Agee, and Stifel Nicolaus & Co., Inc. as G ,~ s Ca-Managers far the City of Corpus Christi, Texas Utility Revenue Refunding Bonds, Series 2010. (Attachment # 17) Agenda Regular Council Meeting October 26, 2x10 Page 7 18. 19. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) c. Ordinance authorizing the issuance of "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2010" in an amount not to exceed $112,800,000; making provisions for the payment and security #hereaf on a parity with certain currently outstanding obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale and delivery of the bonds, including the approval and distribution ofi an official statement pertaining thereto; authorizing the ~ ~ S ~ ~ 5 execution of a Paying AgentJRegistrar Agreement, an Escrow and Trust Agreement, and a Purchase Contract; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; deiegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the Bonds; and providing an effective date. (Attachment # 9 7) a. Ordinance appropriating $1,598,710.96 of anticipated revenues from the Texas Department of Transportation in f=und No. 3530 for the Americans with Disabilities Act (ADA} Sidewalk Accessibility Improvements along Staples Street from Louisiana Avenue to Six Points and Water Street from 4 ~ $ ~ ~.6 Coopers Alley to iH 37 project; changing the FY 2010 Capital Improvement Budget adopted by Ordinance No. 028449 to increase appropriations by $1,598,710.96. (Attachment # 9 $) b. Motion authorizing the City Manager, or his designee, to execute a cans#ruction contract with IHS Construction, inc. of Carpus Christi, Texas in the amount of $9,998,388.70 for Americans with Disabilities Act (ADA) Sidewalk Accessibility improvements along Staples Street from Louisiana Avenue 2 ® i Q ~ ~ 4 to Six Points and Water Street from Coopers Alley to IH 37 far the Total Base Bid Part A and Part B. (BOND ISSUE 2004) (Attachment # 9 8) a. First Reading Ordinance - Amending Sections 36-6 and 36- 10, Code of Ordinances, City of Corpus Christi, to prohibit ~ 5 camping on the Beach, Known as either "Corpus Christi Beach" or "North Beach," located on land leased from the Q~~,(~, General Land Office, and establishing a curfew on portions Agenda Regular Council Meeting October 26, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) of "Corpus Christi Beach" or "North Beach" that are adjacent to residential properties; providing for penalties; and providing for publication. (Attachment # 19) b. First Reading Qrdinance -Amending Section 36-5(c), Cade ofi Ordinances, City of Corpus Christi, by deleting paragraph (1 ), which authorized camping in designated areas of Carpus Christi Beach Park and making a few editorial corrections; providing far penalties; and providing for publication. (Attachment # 19) 20. First Reading dinance Amending Se 'on 3-1 of C apter 3 of the Cade Ordinan s, entitled "Pu ' g up Piacar ,etc., in Public Pla s", by re sing the sectio to update th ianguage, include resumptio s as to the per n that piece he sign, and to br aden the exceptions fro prosecutio stated in the Se on; provi ng for penaltie ,and provid' g for publication. ( tachment # 20) L. PRESENTATIONS: I`P ~j~ .- Z,' (~'-~" Public comment will not be soficified on Presentation items. 21. Proposed Joint Artificial Reefing Project between the City of Gorpus Christi, Texas Parks and Wildlife, and Saitwater- Fisheries Enhancement Association (SEA) (Attachment # 21) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED. ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M. OR AT THE END OF THE COUNCIL MEETING WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. !F YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THL~ 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. li you have a pekition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING; i ~~e~ '~~~ ~S ~ 3 ~ ~ ~ Agenda Regular Council Meeting October 26, 2Q10 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1. MAKE A STATEMENT OF FACTUAL iNFORMATIQN. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED QN AN AGENDA AT A LATER DATE. 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. N. CITY MANAGER'S COMMENTS: (NONE) O. AI3JOURNMENT: ~ ~ ~~ ~^ ` _ POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ~,~ t5 p,m„ on October 21, 2810. Arrnanda 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. It technical problems actor, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items #hat implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETfNG CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD 5T. OCTOBER 2fi, 2010 12:00 P.M. QGT ~ 2 2~1D SECRETARY'S Of~1G~ PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following addition to the agenda of the City Council to be considered at the above meeting: I. EXECUTIVE SESSION: 15.1 Executive session under Texas Government Cade Section 551.071 regarding police collective bargaining negotiations, with possbfe discussion and action in open session. POSTING STATEMENT; This supplemental agenda was posted on the City's official bulletin board at the fron# entrance to City Half, 1201 Leopard Street, at I ~ ~ 0 ~p.m., October 22, 2010. Armando hapa City Secretary Gity Council Goals 2010-2011 Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan 1 Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement ~~ _ , ~~~ ~ Mary Rhodes Pipeline Phase I1 Water Plan Safe and Healthy Community initiatives (Gang, Graffiti, and Physical Health emphasis) Support Continued Military Presence \~~ 0 ~ z ~ ~ ~ r oo n ~ ~ cn ~ ~ ~ ~ 7C m ~ a a ~ ~„ ~ ( h fD ~ ~' ~' N n 3 ~ a ~ ~ ~ c~ z Q ~ N ~ ~ ~ ~ ~ a] ~ 6 ~3 ~ N ~- ~~ ~. N W n 0 z m z D m z D 0 a N O 0 ~ ~ C ~o ~~ 00 c~ Z ~ ('? C r ~ ~ ~ m= m ?0 --~ cn z~ ~~ 1 d cQ 0 N ~ ,~^ l~ v ' V ~ z ~ ~ ~ r GO C) ~ -o N to ~ ~ ~ ~ N ~ ~ T ~ !~ C ~ N a ~ QD ~ ~ [D ~ 7 N 3 O. Q O ~ ~D ~ , v _ n ~ ~ Cp Q ~ ~ ~ ~ ~ ~ w r M N 0 C ~ ~ O O C~ /Z '~7 /1 m m~ ~~ z =~