HomeMy WebLinkAboutReference Agenda City Council - 12/11/2012Tuesday, December 11, 2012 12:00 PM Council Chambers
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 microphone located at the podium and state your name and
address. Yourpresentation 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 a1 Concilio y cree quo su ingl6s es limitado, habra un interprete
ingles- espatiol on 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 Nelda Martinez to call the meeting to order.
B. invocation to be given by Chuck Goodwin, Fish for Life Ministries.
C. Pledge of Allegiance to the Flag of the United States. - Ojl 5 ` i � 1 ss� G LI 5
D., City Secretary Armando Chapa to call the roll of the required Charter
Officers.
E. Proclamations 1 Commendations
1. 12 -00876 H.E.B. Feast of Sharing
City Manager's "At Your Service" Award
F. MINUTES:
2. 12 -00871 Approval of Meeting Minutes - Special Meeting of November 14, 2012
and Regular Meeting of November 20, 2012.
G. BOARDS & COMMITTEE APPOINTMENTS:
3. 12 -00872 Citizens Advisory Health Board
Library Board
Museum of Science and History Advisory Board
Regional Health Awareness Board
Corpus Christi
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City Council Meeting Agenda- Final December 11, 2012
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 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.
I. CONSENT AGENDA: ITEMS 4 - 15
NOTICE TO THE PUBLIC. The following items are consent motions, resolutions, and
ordinances 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.
4. 12 -00775
2012 t
7W
Sponsors: Purchasing Division and Fire Department
5. 12 -00778
2012 195
Supply Agreement for Firefighting Clothing
Motion approving a supply agreement with Casco Industries Inc.,
Pasadena, Texas for firefighting clothing consisting of ninety sets of
pants and coats, based on only bid, in accordance with Bid Invitation
No. BI- 0003 -13 for an estimated annual expenditure of $139,064.40 of
which $92,709.60 is required for the remainder of FY 2012 -2013. The
term of the agreement will be for twelve months with an option to extend
for up to two additional twelve -month periods subject to the approval of
the supplier and the City Manager or designee. Funds have been
budgeted by Fire Department in FY 2012 -2013.
Approving the purchase of nineteen (19) Chevrolet Tahoes for
replacement vehicles in the Police Department fleet
Motion approving the purchase of nineteen (19) Chevrolet Tahoes from
Caldwell Country, Caldwell, Texas for a total amount of $521,639. The
award is based on the cooperative purchasing agreement with the Texas
Local Government Purchasing Cooperative (TLGPC). All units are
replacements to the fleet and will be used by the Police Department.
Funding is available in the FY 2012 -2013 Capital Outlay Budget of the
Fleet Maintenance Fund.
Sponsors: Purchasing Division and Fleet Maintenance Services
6. 12 -00779
201 Z Motion approving the purchase of one (1) vacuum truck from Houston
Freightliner, Inc., Houston, Texas for a total amount of $305,896.14. The
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Purchase of a replacement vehicle (vacuum truck) for the
maintenance of wastewater collection main lines
City Council Meeting Agenda - Final December 11, 2012
award is based on the cooperative purchasing agreement with the
Houston - Galveston Area Council of Governments (H -GAC). Funding is
available in the FY 2012 -2013 Capital Outlay Budget of the Maintenance
Service Fund. .
Sponsors: Purchasing Division and Fleet Maintenance Services
7. 12 -00793 Amending City Investment Policy to further protect the City's
assets
Resolution approving amendments to the City Investment Policy to
amend term for Certificate of Deposit from one to two years and include
89 brokered certificates of deposit as an authorized investment; and
approving the Investment Policy as amended.
8. 12 -00773
9 0
9. 12 -00759
Sponsors: Financial Services Department
Agreement for temporary tax abatement for outpatient surgery
center providing for 12 permanent jobs located at 6200 Saratoga
Boulevard
Resolution authorizing the execution of an agreement with JHPK, LLC
providing for temporary property tax abatement.
Sponsors: Economic Development
Contract amendment no. 2 to authorize additional design time for
Hike and Bike Trails project
Motion authorizing the City Manager, or designee, to ratify Amendment
2012 197 No. 2 to the Contract for Professional Services with JEC Architects, Inc.
of Corpus Christi, Texas, in the amount of $7,800.00, for a total restated
amount not to exceed $52,175.00 for the Hike & Bike Trails - City Wide
(Bond 2008).
Sponsors: Parks and Recreation Department and Engineering Department
10. 12 -00760 Professional services contract for decommissioning of wastewater
treatment plant
Motion authorizing the City Manager, or designee, to execute a Contract
2012 1 9 p for Professional Services with Freese and Nichols, Inc. of Corpus
Q Christi, Texas in the amount of $590,887.00 for the Broadway
Wastewater Treatment Plant Decommissioning.
Sponsors: Wastewater Department and Engineering Department
11. 12 -00761 Construction contract for an effluent line from Oso Water
Reclamation Plant to Wooldridge Lift Station for delivering effluent
water to various golf courses and City Parks via existing effluent
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City Council Meeting Agenda - f=inal December 11, 2012
distribution network
Motion authorizing the City Manager, or designee, to execute a
construction contract with S.J. Louis Construction in the amount of
2 01 2 2,433,323.70 for the Oso Effluent Re -Use Distribution System Phase 1
Project.
Sponsors: Wastewater Department and Engineering Department
12. 12 -00733 Second Reading Ordinance - Amending the Comprehensive Plan to
include Americans with Disabilities Act (ADA) improvements within
public right -of -ways (1st Reading 11120112)
r . Ordinance amending the Comprehensive Plan of the City of Corpus
�? 9 G 9 1 Christi by adoption of the Corpus Christi ADA Master Plan; providing for
repeal of conflicting ordinances; and providing for severance
Sponsors: Planning /Environmental Services and Engineering Department
13. 12 -00776 Second Reading Ordinance - Authorizing "Updated Service
Credits" and "Increased Prior and Current Service Annuities" in the
Texas Municipal Retirement System for adherence to collective
bargaining agreement (1st Reading 11120112)
Ordinance authorizing and allowing, under the Act governing the Texas
Municipal Retirement System, "Updated Service Credits" in said system
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r) C9 6 9 2 for service performed by qualifying members of such system who
presently are members of the City of Corpus Christi; providing for
increased prior and current service annuities for retirees and
beneficiaries of deceased retirees of the City; establishing an effective
date for such actions; and providing for severance.
Soonsors. Human Resources
14. 12 -00780 Second Reading Ordinance - Accepting and appropriating Federal
grant to strengthen homeland security preparedness (1st Reading
11120112)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant in the amount of $22,268 from
the U.S. Department of Homeland Security FEMA for funding eligible
02 9 63 9 3 under the FY 2012 Port Security Grant Program to purchase law
enforcement equipment for the Police Department; and appropriating
the $22,268 in the No. 1061 Police Grants Fund.
Sponsors: Police Department
15. 12 -00781 Second Reading Ordinance - Appropriating funds for one -time
expenditures to provide three police motorcycles and lights and
hardcases for previously purchased patrol rifles (1st Reading
11120112)
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City Council Meeting Agenda - Final December 11, 2012
Ordinance appropriating $85,000 from the unreserved fund balance in
No. 9010 Crime Control District Fund for "one- time" expenditures in the
FY 2012 -2013 operating budget, and changing the FY 2012 -2013
o,) f 9 4 operating budget adopted by Ordinance No. 029577 by increasing
appropriations by $85,000.
Sponsors Ponce Department
J. EXECUTIVE SESSION: ITEMS 16 -18
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 559 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.
16. 12 -00849 Executive session pursuant to Texas Government Code Section
551.071 to consult with attorneys regarding contemplated litigation
related to the city of Corpus Christi's wastewater treatment plants, with
possible discussion and action in open session.
17. 12 -00852 Executive session pursuant to Section 551.087 of the Texas
Government Code to deliberate regarding confidential commercial or
financial information received from a business prospect that the City
Council seeks to have locate, stay, or expand within the City and with
which the City is conducting economic development negotiations and to
deliberate possible offers of financial or other incentives to said
business prospect, with possible discussion and action in open session..
18. 12 -00866 Executive session pursuant to Texas Government Code Section
551.072 to deliberate the value of real property because deliberation in
an open meeting would have a detrimental effect on the position of the
governmental body in negotiations with a third person, with possible
discussion and action in open session.
K. PUBLIC HEARINGS: (ITEM 19
19. 12 -00804 Public Hearing and First Reading Ordinance - Amending the
Unified Development Code for new zoning districts for use under
airport flight zones, refineries or other potential hazards to
adjacent uses
Ordinance amending the Unified Development Code ( "UDC ") by
establishing new section 4.8 "Compatible Districts" in Article 4 "Base
Zoning Districts" and revising related provisions of the UDC to include
the "Table of Contents" and subsections 1. 11.2 "Abbreviations," 1. 11.3
"Defined Terms," 7.4.3 "Allowed Outside Display, Sales and Storage,"
7.5.3.A "Single Tenant Freestanding Sign," 7.5.3.0 "Multi- Tenant (3 or
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City Council Meeting Agenda - Final December 11, 2012
more Tenants) Freestanding Sign," and 7.9.5 "Zoning District Buffer
Yard -New Development;" amending the Comprehensive Plan to account
for any deviations; and providing for a repealer clause, severance,
penalties, publication, and an effective date.
Sponsors: PianninglEnvironmentai Services
L. REGULAR AGENDA: [ITEMS 20 - 23]
The following items are motions, resolutions and ordinances that will be considered and
voted on individually.
20. 12 -00865 Motion changing the start time of the City Council Meetings from 12:00
2012 2 Noon to 11:30 am beginning on December 18, 2012.
21. 12- 00790 Refunding of existing General Improvement Bonds (Related Items
21-23)
Motion authorizing the appointment of M. E. Allison, & Co., as Financial
°2® 12 .O 1- Advisor for the City of Corpus Christi, Texas General Improvement
Refunding Bonds, Series 2012C and for the City of Corpus Christi,
Texas General Improvement Refunding Bonds, Taxable Series 2012.
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Sponsors: Financial Services Department
22. 12 -00791
Ordinance by the City Council of the City of Corpus Christi, Texas
authorizing the issuance of "City of Corpus Christi, Texas General
Improvement Refunding Bonds, Series 2012C, levying an annual ad
valorem tax, within the limitations prescribed by law, for the payment of
the Bonds; prescribing the form, terms, conditions, and resolving other
matters incident and related to the issuance, sale, and delivery of the
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Bonds, including the approval and distribution of an official statement
j.
pertaining thereto; authorizing the execution of a paying agent/registrar
agreement; a purchase contract, and an escrow and trust agreement;
complying with the letter of representations on file with the depository
trust company; delegating 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.
Sponsors:, Financial Services Department
23. 12 -00792
Ordinance by the City Council of the City of Corpus Christi, Texas
authorizing the issuance of "City of Corpus Christi, Texas General
Improvement Refunding Bonds, Taxable Series 2012 ", levying an
annual ad valorem tax, within the limitations prescribed by law, for the
payment of the Bonds; prescribing the form, terms, conditions, and
0 29 6 96
resolving other matters incident and related to the issuance, sale, and
delivery of the Bonds, including the approval and distribution of an
official statement pertaining thereto; authorizing the execution of a
paying agent/registrar agreement; a purchase contract, and an escrow
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City Council Meeting Agenda - Final December 11, 2012
and trust agreement; complying with the letter of representations on file
with the depository trust company; delegating 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.
Sponsors: Financial Services Department
M. FIRST READING ORDINANCES: (ITEMS 24 - 30)
24. 12 -00794 First Reading Ordinance - City reimbursement for costs incurred
prior to receipt of bond proceeds for approved projects relating to
Bond 2012
Ordinance relating to establishing the City's intention to reimburse itself
for the prior lawful expenditure of funds relating to constructing various
City improvements from the proceeds of tax - exempt obligations to be
issued by the City for authorized purposes; authorizing other matters
incident and related thereto; and providing an effective date. (BOND
2012)
Sponsors: Financial Services Department
25. 12 -00844 First Reading Ordinance - Amending the Capital Improvement
Program Budget to add the voter- approved Bond 2012 Projects
Ordinance amending the FY 2013 Capital Improvement Budget adopted
by Ordinance No. 029565 to add the voter - approved Bond 2012 projects
as listed in Attachment 1; increasing revenues and expenditures in the
amount of $30,674,000.
Sponsors: Planning /Environmental Services and Engineering Department
26. 12 -00789 First Reading Ordinance - Amending City code to increase
faresifees, and modifying enforcement procedures and regulations
to bring them in line with industry standards
Amending Chapter 57, Article II "TAXICABS" of the Corpus Christi Code
by modifying, clarifying and expanding taxicab inspector's duties,
modifying and clarifying enforcement, procedures, and regulations for
owners, operators, and drivers of vehicles for hire, repealing section
57 -34 public notice of application, increasing fees for taxicab
certificates, permits, and street user fees, and increasing fares for
taxicabs; Amending Chapter 57, Article IIIA "LIMOUSINE AND
SIGHTSEEING SERVICE" of the Corpus Christi Code by modifying and
clarifying enforcement, procedures, and regulations for limousines and
sightseeing services and increasing fees for permits and street user
fees.
Sponsors: Police Department
27. 12 -00819 First Reading Ordinance - Accepting and appropriating State grant
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City Council Meeting Agenda - Final December 11, 2012
for collaborative enforcement efforts with Nueces County Sheriffs
office
Authorizing the City Manager or designee to execute all documents
necessary to accept a grant in the amount of $245,503 from Nueces
County for funding eligible under the FY2011 Department of Homeland
Security Grant Program Operation Stonegarden to reimburse fuel,
overtime, fringe benefits, and equipment expenditures for the Police
Department's collaborative enforcement efforts with Nueces County
along routes of ingress and egress to including (but not limited to) U. S,
Highway 77 and State HY44; and appropriating the $245,503 in the No.
1061 Police Grants Fund.
Sponsors Police Department
28. 12 -00816 First Reading Ordinance - Accepting and appropriating State grant
for Meals on Wheels Program
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a $248,663.25 grant awarded by the
Texas Department of Aging and Disability Services and appropriating in
No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior
Community Services, Title XX Meals on Wheels Program.
Sponsors: Parks and Recreation Department
29. 12 -00825 First Reading Ordinance - Acepting and appropriating federal grant
and authorizing execution of agreements for homeless prevention
and rapid re- housing
Ordinance authorizing the City Manager, or designee, to execute all
documents necessary to accept and appropriate a grant in the amount
of $83,495 from the U.S. Department of Housing and Urban
Development in Grant Fund No. 1059 for the 2011 Consolidated Annual
Action Plan's Emergency Solutions Grant Program.
Sponsors : Neighborhood Services
30. 12 -00828 First Reading Ordinance - Repealing and amending cable franchise
ordinances to comply with State cable franchising statute
Ordinance repealing Divisions 1 through 15 of Article XVIII Cable
Communications Services of Chapter 55 and amending Chapter 2,
Division 17, regarding municipal cable franchises; amending Division 16
regarding public access channels rules and procedures; providing for
effective date and publication.
Sponsors: Public Communications
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City Council Meeting Agenda - Final December 11, 2012
N. FUTURE AGENDA ITEMS: (31 ; 40)
31. 12 -00772
The following items are for Council's informational purposes only. No action will be
taken and no public comment will be solicited.
Purchase of Tasers for police officers for restraint of aggressive
individuals
Motion approving the purchase of TASER brand non - lethal weapons
from GT Distributors, Inc., Austin, Texas based on sole source for a total
expenditure of $72,034.10. Funds have been budgeted by the Police
Department in FY 2012- 2013.
Sponsors: Purchasing Division and Police Department
32. 12 -00822 Purchase of animal transport shells to replace existing units
Motion approving the purchase of six (6) animal transport shells from
Jackson Creek Manufacturing, Inc., Denton, North Carolina based on
lowest responsible bid, in accordance with Bid Invitation No. BI- 0030 -13,
for a total expenditure of $67,302.30. Funds have been budgeted by the
Animal Care Department in FY 2012- 2013.
Sponsors: Purchasing Division and Police Department
33. 12 -00826 Lease purchase for ambulances to replace existing units
Motion approving the lease purchase of two (2) ambulances from
Knapp, Chevrolet, of Houston, Texas based on the cooperative
purchasing agreement with the Houston - Galveston Area Council of
Governments (H -GAG), in the amount of $270,000. The ambulances will
be used by the EMS Division of the Fire Department. These units are a
replacement to the fleet. Funds for the lease purchase of the
ambulances will be provided through the City's lease /financing program.
gRonsors,; Purchasing Division and Fire Department
34. 12 -00777 Lease purchase of curbside refuse containers for the Solid Waste
automated collection program
Motion approving the lease purchase of 6,500 96- gallon curbside refuse
containers from Toter Incorporated, Statesville, NC for the total amount
of $307,420. The award is based on the cooperative purchasing
agreement with the Houston - Galveston Area Council of Governments
(H -GAC). The containers will be used in the City's automated collection
program. Funds for the lease purchase of the curbside collection
containers will be provided through the City's lease /purchase financing
program.
Sponsors: Purchasing Division and Solid Waste Operations
36. . 12 -00771 Supply Agreement for testing reagent that tests water for bacteria
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City Council Meeting Agenda - Final December 11, 2012
Motion approving a supply agreement with IDEXX Distribution, Inc.,
Westbrook, Maine for the laboratory testing reagent "Colilert" based on
only bid, in accordance with Bid Invitation No. BI- 0174 -12, for an
estimated annual expenditure of $94,140.00, of which $62,760.00 is
required for the remainder of FY 2012 -2013. The term of the agreement
shall be for twelve (12) months with options to extend for up to two (2)
additional twelve -month periods, subject to the approval of the supplier
and the City Manager or designee. Funds have been budgeted by the
Health Department and Water Department in FY 2012- 2013.
Sponsors: Purchasing Division, Water Department and Health Department
36. 12 -00757 Professional services contract amendment no. 1 for design work
solutions to air emissions testing for flare permitting requirements
at wastewater treatment plant
Motion authorizing the City Manager, or designee, to execute
Amendment No. 1 to the Contract for Professional Services with
Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of
$11,250.00, for a total restated fee not to exceed $57,700.00, for the
Greenwood Wastewater Treatment Plant Flare Permitting.
Sponsors:, Wastewater Department and Engineering Department
37. 12 -00799 Professional services contract to update licensing for records
imaging and management to a city -wide solution
Motion authorizing the City Manager, or designee, to execute a contract
with MCCI of Tallahassee, Florida for an expenditure of $99,817.92 to
update existing Laserfiche licenses to an enterprise solution with the
option to extend for up to three 1 -year terms for annual maintenance in
the amount of $40,737.74.
Sponsors: Municipal Information Systems
38. 12 -00802 Certification agreement with State for local historic preservation
efforts
Motion approving execution by the Mayor of a Certification Agreement
with the Texas Historical Commission for City participation in the
Certified Local Government Program regarding local historic
preservation.
Sponsors: Planning /Environmental Services
39. 12 -00811 Resolution of support for the Schanen Hike and Bike trail project
allowing a request for State funding
Resolution to certify local funding and support of the Schanen Hike and
Bike Trail from Yorktown Blvd to Saratoga Blvd project to the statewide
Transportation Enhancement Program for funding competition in the
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City Council Meeting Agenda - Final December 11, 2012
Texas Department of Transportation 2012 program call for projects.
Sponsors: Parks and Recreation Department
40. 12 -00808 Ordinance - Amending city code to clarify area for discharge of
firearms
Ordinance amending section 33 -75 of the Corpus Christi Code by
clarifying the area where discharge of firearm is prohibited, clarifying
unlawful act, clarifying areas where waterfowl hunting is not allowed
within 1,000 feet; providing an effective date; providing for severance;
and providing for publication.
Sponsors: Police Department and Legal Department
O. UPDATES TO CITY COUNCIL: (ITEMS 41 - 43)
The following items are for Council's informational purposes only. No action will be
taken and no public comment will be solicited.
41. 12 -00768
Flint Dills Permitting Process
Sponsors: ACM - Public Works & Utilities
42. 12 -00833 Bond Issue 2012 Project Execution Schedule
Sponsors: Engineering Department
43. 12 -00851 FEMA's Preliminary Flood Insurance Rate Map Update
Sponsors: Development Services, Storm Water Department and Engineering
Department
P. 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. 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.
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City Council Meeting Agenda - Final December 11, 2012
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.
3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON 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.
Q. CITY MANAGER'S COMMENTS:
* Update on City Operations
R. ADJOURNMENT . C7 D P - n'L
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CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
December 11, 2012
CONSENT AGENDA:
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