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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
JULY 26, 2011
12:00 P.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS
ARE PROHIBITED IN 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 mlcrophone located at the podium and state
your name and address, Your presentation will be limited to three minutes. if you have a petition or other information
pertaining to your subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y tree que su ingles es limitado, habr6 un intdrprete ingles- espanol en todas las
juntas del Concilio para ayudarle.
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.
Invocation to be given by Pastor John Valles, Wesley United Methodist Church.
C. Pledge of Allegiance to the Flag of the United States.,w
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Joe Adame
Mayor Pro Tern Larry Elizondo, Sr,
Council Members:
Chris N. Adler
Kevin Kieschnick
Priscilla Leal
David Loeb
John Marez
Nelda Martinez
Mark Scott
L 1 _a
�ij:
City Manager Ronald L. Olson
City Attorney Carlos Valdez
City Secretary Armando Chapa
INDEXED
Agenda
Regular Council Meeting
July 26, 2011
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
E. MINUTES:
1. Approval of Regular Meeting of July 19, 2011. (Attachment # 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. * Commission on Children and Youth
* Leadership Committee for Senior Services
G. 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 to reconsider may be 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.
H. CONSENT AGENDA
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 items
not requiring 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.)
3. Motion approving the purchase of one (1) boom mower tractor
from H & V Equipment Services, Inc., of Corpus Christi, Texas,
for the total amount of $134,903.82. The award is based on the
Cooperative Purchasing Agreement with the Texas Local
Government Cooperative. This unit is a replacement to the fleet
2011 160
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Regular Council Meeting
July 26, 2011
Page 3
CITY COUNCIL
PRIQRITY ISSUES
(Refer to legend at the end of the
agenda summary)
4.
5.
and will be used by the
available in the Storm
2011, (Attachment # 3)
Storm Water Department. Funds are
Water Operations Budget in FY2010-
a. Motion authorizing the City Manager, or designee, to
execute a geotechnical services agreement with Kleinfelder,
Inc. of Corpus Christi, Texas in an estimated amount not to
exceed $93,000 for the J. C. Elliott Landfill Groundwater
Monitoring and Sampling Agreement — 2011 -2012.
(Attachment # 4)
b. Motion authorizing the City Manager, or designee, to
execute a geotechnical services agreement with Kleinfelder,
Inc. of Corpus Christi, Texas in an estimated amount not to
exceed $116,000 for the Cefe Valenzuela Landfill
Groundwater Monitoring and Sampling Agreement — 2011-
2012. (Attachment #. 4)
a. Ordinance appropriating $45,916.95 in Airport CIP interest
earnings as listed in Attachment 1, Section 1, for the City's
match for future FAA Grant Projects and for land acquisition
for future airport projects; changing the FY 2010 -2011
Capital Improvement -Budget adopted by Ordinance No..
028995 to increase expenditures by $45,916.95.
(Attachment # 5)
b. Ordinance appropriating $490,548.91 in Bond Proceeds
interest earnings and bonding company settlement proceeds
for Bayfront, Public Health and Safety, Library, Museum,
Parks, and Streets in the funds as listed in Attachment 1,
Section 2 for the stated bond projects not yet complete,
similar projects to be approved by City Council, and for the
payment of debt service; changing the FY 2010 -2011 Capital
Improvement Budget adopted by Ordinance No. 028995 to
increase expenditures by $490,548.91. (Attachment # 5)
c. Ordinance appropriating $932,533.69 in Utility Revenue
Bond interest earnings and refunded proceeds from the
Texas Department of Transportation as listed in Attachment
1, Section 3 for the support of the City's approved Capital
Improvement Program; changing the FY 2010 -2011 Capital
2011
2011
0291.43
0291.44
02945
Im
Agenda
Regular Council Meeting
July 26, 2011
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Improvement Budget adopted by Ordinance No. 028995 to
increase expenditures by $932,533.69. (Attachment # 5)
d. Ordinance appropriating $358,324.41 in Specialty Bond
Proceeds interest earnings, and from contributions and
donations from Texas Military Loan Proceeds, Packery
Channel Tax Increment Financing Bonds, Sales Tax Bonds
for the Seawall and Arena, and Generic Capital
Improvement Funds as listed in Attachment 1, Section 4 for
the stated bond projects not yet complete, the support of the
City's approved Capital Improvement Program, specific
military - supported projects, and other related projects as
determined by the Type A Board; changing the FY 2010-
2011 Capital Improvement Budget adopted by Ordinance
No. 028995 to increase expenditures by $358,324.41.
(Attachment # 5)
e. Ordinance appropriating $4,839.19 in Older Bond Fund
(issued prior to 2006) interest earnings as listed in
Attachment 1, Section 5 to expedite the closure of said funds
subject to arbitrage; changing the FY 2010 -2011 Capital
Improvement Budget adopted by Ordinance No. 028995 to
increase expenditures by $4,839.19. (Attachment # 5)
f. Ordinance appropriating $417,065.91 in Street Assessments
and Street Closures as listed in Attachment 1, Section 6 for
the repayment of approved assessment projects; changing
the FY 2010 -2011 Capital Improvement Budget adopted by
Ordinance No. 028995 to increase expenditures - by
$417,065.91. (Attachment # 5)
g. Ordinance appropriating $127,977.46 in interest earnings in
the No. 4730 Infrastructure Fund as listed in Attachment 1,
Section 7 from Developer securities held as the Developers'
share of deferred improvements until construction is
complete, as required by the Unified Development Code.
(Attachment # 5)
6. Resolution approving a Small Business Incentives Agreement
between the Corpus Christi Business and Job Development
Corporation and Del Mar College, which provides a grant of up
to $173,223 for an Intern Program to support Small Businesses
and authorizing the City Manager or designee to execute a
Project Support Agreement with the Corpus Christi Business
0291.46
02914"7
0291.48
0291-49
0291.50
Agenda
Regular Council Meeting
July 26, 2011
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summery)
and Job Development Corporation regarding implementation
and administration of the Del Mar College Small Business
Incentive Agreement. (Attachment # 6)
7. Resolution approving a Small Business Incentives Agreement
between the Corpus Christi Business and Job Development
Corporation and Texas A &M University — Corpus Christi, which
provides a grant of up to $190,635 for an Intern Program to
support Small Businesses and authorizing the City Manager or
designee to execute a Project Support Agreement with the
Corpus Christi Business and Job Development Corporation
regarding implementation and administration of the Texas A &M
University — Corpus Christi Small Business Incentive
Agreement. (Attachment # 7)
8. Resolution approving a Small Business Incentives Agreement
'between the Corpus Christi Business and Job Development
Corporation and Acci6n Texas, Inc., which provides grants of up
to $400,000 for the Interest Buydown and Grant Programs for
Small Businesses and authorizing the City Manager or designee
to execute a Small Business Incentive Project Support
Agreement with the Corpus Christi Business and Job
Development Corporation regarding implementation and
administration of the Acci6n Texas Small Business Incentive
Agreement. (Attachment # 8)
9. Resolution approving a Small Business Incentives Agreement
between the Corpus Christi Business and Job Development
Corporation and Service Corps of Retired Executives (SCORE)
Chapter 221, which grants $50,000 in small business incentives
for the operation of a program to assist small and start -up
businesses in Corpus Christi and authorizing the City Manager
or designee to execute a Small Business Incentive Project
Support. Agreement with the Corpus Christi Business and Job
Development Corporation regarding implementation and
administration of the SCORE Chapter 221 Small Business
Incentive Agreement. (Attachment # 9)
10. Motion canceling Council Meeting of August 9, 2011.
(Attachment # 10)
29151
0'9152
029:53
2011 163
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Regular Council Meeting
July 26, 2011
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PRIORITY ISSUES
(Aefer to legend at the end of the
agenda summary)
EXECUTIVE SESSION: (NONE)
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.
J. PUBLIC HEARINGS: (NONE)
K. SPECIAL BUDGET CONSIDERATION ITEMS:
PROPOSED CITY QF L
e- CRPUS CHRISTI BUDGET FY2011-
2012• d 5 -3, j p
11.
a. Second Reading Ordinance — Adopting the City of Corpus
Christi Budget for the ensuing Fiscal Year beginning August
1, 2011; to be filed with the County Clerk; appropriating
monies as provided in the budget. (First Reading 07/19/11)
(Attachment # 11)
b. Second Reading Ordinance — To ratify increase of
$1,058,875 in property tax revenues from last year's
operating budget as reflected in the 2011 -2012 Operating
Budget. (First Reading 07/19/11) (Attachment # 11)
PROPOSED REVISIONS TO THE CODE OF ORDINANCES,
CHAPTER 39, PERSONNEL:
12. Second Reading Ordinance - Amending Code Of Ordinances,
Chapter 39, Personnel, Article III Employee Compensation And
Classification System, to revise Section 39 -303 by deleting
provision to maintain 5% differential above employees
supervised by select positions in Pay Plan 400; to revise
Section 39 -304 by adding City Auditor's Office; to revise
Sections 39 -329, 39 -332, 39 -345, and 39 -347 regarding
vacation leave; to revise Sections 39 -340 and 39 -354 regarding
sick leave; to revise Section 39 -366 by adding personal leave
hours are- not paid out at termination; repealing all other
0- 291.54
0291.55
0291,56.
0291.57
Agenda
Regular Council Meeting
July 26, 2011
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the and of the
agenda summary)
13.
ordinances, and rules, or parts of ordinances and rules, in
conflict with this ordinance; providing for effective date. (First
Reading 07/19/11) (Attachment # 12)
PROPOSED FIEFURATE INCREASE ADJUSTMENTS
INCLUDED IN THE PROPOSED FY 2011 -2012 BUDGET:
a. Second Reading Ordinance - Amending Sections 55 -50, 55-
54, and 55 -56, Code of Ordinances, City of Corpus Christi,
regarding water rates for Fiscal Year 2011 -2012; providing
an effective date; and providing for publication. (First
Reading 07/19/11) (Attachment # 13)
b. Second Reading Ordinance - Amending Sections 12 -108,
Code of Ordinances, City of Corpus Christi, regarding
Sunrise Beach recreation site rates for Fiscal Year 2011-
2012; providing an effective date; and providing for
publication. (First Reading 07/19/11) (Attachment # 13)
c. Second Reading Ordinance — Revising the title of Article VII,
Chapter 55, Code of Ordinances; amending Section 55.100,
Code of Ordinances, City of Corpus Christi, setting the
wastewater rates for Fiscal Year 2011 -2012; establishing the
procedures for the Fiscal Year 2011 -2012 of the wastewater
rates; providing an effective date; and providing for
publication. (First Reading 07/19/11) (Attachment # 13)
d. Second Reading Ordinance - Amending Section 2 -79 of the
Code of Ordinances, by authorizing an annual nonresident
Library Fee; providing an effective date; and providing for
publication. (First Reading 07/19/11) (Attachment # 13)
L. REGULAR AGENDA & A S
CONSIDERATION OF MOTIONS RESOLUTIONS AND ORDINANCES:
14, First Reading Ordinance - Providing for the hiring and
qualifications of a City Auditor; preserving the Auditor's
independence; providing access to City records; determining
distribution of audit reports; establishing the powers and duties.
thereof; and providing for a peer review. (Attachment # 14)
0201.58
0291 -59
0231.00
0291.61
Agenda
Regular Council Meeting
July 26, 2011
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
15.
a. Resolution determining that a public necessity exists for the
acquisition of easements for the Mary Rhodes Pipeline
Phase 2 Improvements Project for the public purpose, use
and construction of a water pipeline; and authorizing the City
Manager, City Attorney and Agents of the City to acquire the
easements by means of negotiations or eminent domain, if
necessary. (Attachment # 15)
b. Motion authorizing the City Manager, or designee, to
execute a Legal Services Agreement with Bruce Hawn,
Welder Leshin, LLP, to represent the City in environmental
services, permits, and land acquisition matters associated
with acquisition of Mary Rhodes Pipeline Phase 2
easements, at an hourly rate of $250.00, plus expenses,
subject to certification of funds. (Attachment # 15)
16.
a. Ordinance appropriating $132,600 from the unreserved fund
balance in the No. 1140 Business /Job Development fund for
a grant from the Corpus Christi Business and Job
Development Corporation to Commercial Metals Company
( "CMC °) for development of a new secondary metal
processing facility on Bronco Road within the City of Corpus
Christi, in which CIVIC will invest at least $20,000,000 in
building improvements, furniture, fixtures, and equipment
and will retain at least 39 current full -time jobs and create
and maintain at least 12 new full -time jobs with an average
annual salary of at least $31,500 over a five year period;
changing the FY 2010 -2011 operating budget, adopted by
Ordinance No. 028252 by increasing proposed expenditures
by $132,600. (Attachment # 16)
b. Resolution approving a business incentive agreement for the
creation and retention of jobs between the Corpus Christi
Business and Job Development Corporation and
Commercial Metals Company ("CIVIC"), which provides a
grant of up to $132,600, for development of a new
secondary metal processing facility on Bronco Road within
the City of Corpus Christi, in which CIVIC will invest at least
$20,000,000 in building improvements, furniture, fixtures,
and equipment and will retain at least 39 current full -time
jobs and create and maintain at least 12 new full -time jobs
029162
2 164
0291.69
0291.64
Agenda
Regular Council Meeting
July 26, 2011
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the and of the
agenda summary)
with an average annual salary of at least $31,500 over a five
year period and authorizing the City Manager or designee, to
execute a business incentive project support agreement with
the Corpus Christi Business and Job Development
Corporation regarding implementation and administration of
the CMG, business incentive agreement for the creation and
retention of jobs. (Attachment # 16)
c. Resolution authorizing the execution of an agreement with
Commercial Metals Company ( "CMC ") providing for
temporary property tax abatement. (Attachment # 16)
17. Discussion and consideration of a date to conduct interviews for
the City Auditor position. (Attachment # 17)
M. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
18. Report an 1 -69 Town Hall Meeting (Attachment # 18)
N. PUBLIC COM MENT F
APPROXIMATELY 4:00 P.M., OR AT THE _END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
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.)
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:
1. MAKE A STATEMENT OF FACTUAL INFORMATION.
2. RECITE AN EXISTING POLICY IN RESPONSE TO THE
INQUIRY.
& ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE
PLACED ON AN AGENDA AT A LATER DATE.
0291.65
Agenda
Regular Council Meeting
July 26, 2011
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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 CITIZE'N'S FIRST
AMENDMENT RIGHTS.
0. CITY MANAGER'S COMMENTS:
* Update on City Operations
P. ADJOURNMENT: : I
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at 3JA6� p.m.,
on July 21, 2011.
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cetexes.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.
SUPPLEMENTAL AGENDA
REGULAR COUNCIL MEETING
CITY OF CORPUS CHRISTI, TEXAS
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD ST.
JULY 2B, 2011
12:00 P.M.
f JUL 2 2 2011
MySj :CR�rs nx
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:
H. CONSENT AGENDA
10.1. Z,201 that value -added ervices was a part of t lan-
eementforAdmin' ative Services with Hum nsurance
manaDental I ranee Company when' s approved on
d authorizi he City Manager or de ' nee to amend said
lect thos services during the first ar of the Agreement.
K. SPECIAL BUDGET CONSIDERATION ITEMS:
10.2. Resolution requiring utilization of a formal application and review process
prior to City Council consideration of requests for expenditure of any 0 2 9 15 9 1 5 �
available hotel occupancy tax funds for the arts in the Operating Budget for
City Fiscal Year 2012 - 2013. .
POSTING STATEMENT:
This supplemental agenda was posted on the City's official bulletin board at the
front entrance to City Hall, 1201 Leopard Street, at a.m. /0 July 22,
2011.
aLA
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
July 26, 201'
CONSENT AGENDA:
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Page 1 of
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
July 26, 2011
Page A of A
L. Elizondo
N. Martinez
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