HomeMy WebLinkAboutMinutes City Council - 08/28/20071 HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of August 28, 2007, which were approved by the
City Council on September 11, 2007.
WITNESSETH MY HAND AND SEAL, on this the 11th day of September, 2007.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 28, 2007 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Mike Hummell
Council Members:
Melody Cooper*
Larry Elizondo, Sr.
Bill Kelly
Priscilla Leal
Michael McCutchon
John Marez
Nelda Martinez
*Arrived at 10:48 a.m.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Reverend Donald G. Leavell with Corpus Christi Christian
Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Nelda
Martinez.
Mayor Garrett called for approval of the minutes of the regular Council meeting of August
21, 2007. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 2 -15). Mr. Abel Alonzo
asked that Item 11 be pulled for individual consideration. Council members requested that Items 9,
10, and 14 be pulled for individual consideration. City Secretary Chapa announced that Item 13
had a substitute ordinance and would be considered separately. City Secretary Chapa polled the
Council for their votes as follows:
2.a. MOTION NO. 2007-219
Motion authorizing the City Manager or his designee to accept grant funding in the amount
of $143,605 from the Texas Department of Transportation for a Comprehensive Selective
Traffic Enforcement Project (STEP) in the Police Department for overtime DWI and Speed
enforcement with a City match of $28,429.95 and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
2.b. ORDINANCE NO. 027375
Ordinance appropriating $143,605 from the Texas Department of Transportation for funding
for a Comprehensive Selective Traffic Enforcement Project (STEP) in No. 1061 Police
Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Minutes — Regular Council Meeting
August 28, 2007 — Page 2
Martinez, voting "Aye"; Cooper was absent.
3.a. MOTION NO. 2007-220
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$43,430 from the State of Texas, Criminal Justice Division to continue the Victims of Crime
Act (VOCA) grant within the Police Department for Year 8 with a City cash match of
$14,007, in-kind match of $2,400 for a total project cost of $59,837 and authorizing the City
Manager or his designee to apply for, accept, reject, alter or terminate the grant.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
3.b. ORDINANCE NO. 027376
Ordinance appropriating $43,430 from the State of Texas, Criminal Justice Division in the
No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA)
Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Cooper was absent.
4.a. RESOLUTION NO. 027377
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Corpus Christi Independent School District in the amount of $6,000 for Enforcing
Underage Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
4.b. RESOLUTION NO. 027378
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Flour Bluff Independent School District in the amount of $2,000 for Enforcing
Underage Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
4.c. RESOLUTION NO. 027379
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Calallen Independent School District in the amount of $2,000 for Enforcing
Underage Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
Minutes — Regular Council Meeting
August 28, 2007 — Page 3
4.d. RESOLUTION NO. 027380
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Tuloso-Midway Independent School District in the amount of $2,000 for Enforcing
Underage Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
4.e. RESOLUTION NO. 027381
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the West Oso Independent School District in the amount of $2,000 for Enforcing
Underage Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
4.f. RESOLUTION NO. 027382
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Texas A&M University Corpus Christi in the amount of $5,000 for Enforcing
Underage Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
4.g. RESOLUTION NO. 027383
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Council on Alcohol and Drug Abuse in the amount of $9,256 for Enforcing
Underage Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
4.h. RESOLUTION NO. 027384
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Corpus Christi Youth Alcohol Awareness Coalition in the amount of $2,000 for
Enforcing Underage Drinking Laws (EUDL) grant activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
Minutes — Regular Council Meeting
August 28, 2007 — Page 4
5.a. RESOLUTION NO. 027385
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$508,873 and to execute a contract and all related documents with the Texas State Library
and Archives Commission to continue operation of the South Texas Library System at the
Corpus Christi Public Library for state fiscal year 2007-2008.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
5.b. ORDINANCE NO. 027386
Ordinance appropriating $508,873 from the Texas State Library and Archives Commission
into the Library Grants Fund No. 1068 to continue operation of the South Texas Library
System at the Corpus Christi Public Library for state fiscal year 2007-2008.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Cooper was absent.
6.a. RESOLUTION NO. 027387
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$151,934 and to execute a contract and all related documents with the Texas State Library
and Archives Commission to continue operation of the Interlibrary Loan Referral Center at
the Corpus Christi Public Library for state fiscal year 2007-2008.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
6.b. ORDINANCE NO. 027388
Ordinance appropriating $151,934 from the Texas State Library and Archives Commission
in the No. 1068 Library Grants Fund to continue operation of the Interlibrary Loan Referral
Center at the Corpus Christi Public Library for state fiscal year 2007-2008.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Cooper was absent.
7.a. RESOLUTION NO. 027389
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$78,250 and to execute a contract and all related documents with the Texas State Library
and Archives Commission to continue operation of the Technical Assistance Negotiated
Grant Program administered by the South Texas Library System at the Corpus Christi
Minutes — Regular Council Meeting
August 28, 2007 — Page 5
Public Library for the state fiscal year 2007-2008.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
7.b. ORDINANCE NO. 027390
Ordinance appropriating $78,250 from the Texas State Library and Archives Commission
into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance
Negotiated Grant Program administered by the South Texas Library System at the Corpus
Christi Public Library for state fiscal year 2007-2008.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Cooper was absent.
8. MOTION NO. 2007-221
Motion authorizing the City Manager or his designee to execute Change Order No. 1 to a
construction contract for the Police Department Chilled Water Plant Upgrade 2006 with
Weathertrol, Inc., of Corpus Christi, Texas in the amount of $37,560 for the installation of an
outside air handling unit for the Police HVAC System.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
12. ORDINANCE NO. 027392
Ordinance authorizing the City Manager or his designee to execute a lease agreement with
Bayfest, Inc. for Bayfest 2007 and related activities to allow use of Shoreline Boulevard from
IH 37 to the Convention Center Complex including Barge Dock Area, and additional lot
bounded by Shoreline Boulevard, Fitzgerald, Water and Palo Alto Streets and additional lots
bounded by Shoreline Boulevard, and Fitzgerald, Water and Resaca Streets during
September 17 through October 7, 2007; provide for Bayfest, Inc. paying 50% police and
100% of all other city costs.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Cooper was absent.
15. ORDINANCE NO. 027395
Amending Chapter 14 "Development Services," Article XIII "Development Services Fees,"
Division 4 "Platting Ordinance Fees," Section 14-1341 "Platting Ordinance Fees," and
Chapter 55 "Utilities," Article V "Taps and Connections," Section 55-70 "Adoption of Rules,
Regulations, and Water and Gas Fees," and Section 55-71 "Sewer Tapping Fees" of the
Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting
fees and Tap fees. (First Reading 8/21/07)
Minutes — Regular Council Meeting
August 28, 2007 — Page 6
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting
"Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 9 regarding an Infrastructure Participation
Agreement for Kitty Hawk Unit 1. Council Member Leal asked questions regarding the size of the
bridge and the City's participation in the cost of the bridge construction. Deputy Director of
Development Services Johnny Perales explained that the developer is building a 26 foot bottom
width bridge and based on the platting ordinance, if the bottom width exceeds the design standards
of 15 feet, the City may participate in the extra cost of the bridge. Council Member McCutchon
asked questions regarding the developer's contribution, the amount of money contributed by the
City, and whether there was a return on investment. Mr. Perales provided a review of the cost
breakdown, the developer's participation, and explained that the return on investment would be the
bridge structure. City Manager Noe stated that staff is obligated to follow City ordinances.
Pat Veteto, 820 Buffalo Street and on behalf of the developer, stated that the developer has
worked with the Engineering Department on design of the ditch and bridge to upgrade the
structures to a higher design standard which is included in the proposed Storm Water Master Plan.
Council Member Hummell asked questions regarding the purpose of the ditch and the
bridge. Mr. Veteto said the bridge and the ditch will be part of the proposed master plan and the
ditch is used to drain the development. In response to Mr. Rummell, Mr. Veteto answered that the
bridge collector road was named Kitty Hawk Drive. Council Member Kelly asked if the City can
mandate the wider ditch without financial participation. City Manager Noe said that under the
current ordinance, the City can only mandate current design standards. In response to Council
Member Martinez, Mr. Veteto answered that property west of Mr. Bratton's property would benefit
from the ditch. Mr. Rummell asked questions regarding future development and the anticipated use
of the bridge. A brief discussion ensued. City Secretary Chapa polled the Council for their votes as
foliows:
9. MOTION NO. 2007-222
Motion authorizing the City Manager or his designee to execute an Infrastructure
Participation Agreement with John Bratton, owner and developer of Kitty Hawk Unit 1,
located east of County Road 41 and south of South Staples Street (FM 2444) in the amount
of $24,618.08 for the future construction of Kitty Hawk Drive Bridge, in accordance with
Platting Ordinance Section IV.A.16.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, and Martinez, voting "Aye"; Rummell, Leal, and McCutchon voting "No";
Marez was absent.
Mayor Garrett opened discussion on Item 10 regarding Master Plan Lift Station No. 13.
Council Member McCutchon asked questions regarding the location; the policy to make the
Sanitary Sewer Trust Fund solvent; and the fund balance. City Manager Noe said staff was
currently working on a policy to bring back to the Council within the next 90 days and provided the
fund balance.
Chip Urban, Urban Engineering and representing the developer, spoke regarding the use of
the Sanitary Sewer Trust Fund and future smart growth.
Minutes — Regular Council Meeting
August 28, 2007 — Page 7
City Secretary Chapa polled the Council for their votes as follows:
10.a. MOTION NO. 2007-223
Motion approving the First Amendment to the Sanitary Sewer Trunk Force Main and Lift
Station Construction and Reimbursement Agreement submitted by Oak Properties, owner
and developer of Turnstone Subdivision for the construction of Master Plan Lift Station No.
13, located on Slough Road east of Rodd Field Road.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Rummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No".
10.b. ORDINANCE NO. 027391
Ordinance appropriating $131,429.13 from the Sanitary Sewer Trunk System Trust Fund
No. 540450-21800-4220 to pay Oak Properties for the construction and installation specified
in the Sanitary Sewer Trunk Force Main and Lift Station Construction Reimbursement
Agreement.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, McCutchon, Marez, and
Martinez, voting "Aye"; Leal voting "No".
Mayor Garrett opened discussion on Item 11 regarding the admission fee for Bayfest. Abel
Alonzo, 1701 Thames, made a recommendation to amend the motion to include individuals with
disabilities. In response to Council Member Kelly, Mr. Alonzo said the criteria included physical
disabilities. Bayfest board members Scott Meyers and Veronica Maxwell explained that the board
determined the fees and asked for a clarification of the special needs. Leon Bazar, Director of
Human Relations, explained that Mr. Alonzo was defining a person with physical mobility
disabilities. Mr. Kelly asked Mr. Bazar to assist the Bayfest committee with a working definition and
made a motion to table Item 11 until September 1 1 t", seconded by Mr. Marez and passed.
11. TABLED TO SEPTEMBER 11, 2007
\I
30, 2007.
Mayor Garrett opened discussion on Item 13 regarding revisions to the requirements for a
temporary street closure. City Secretary Chapa explained that staff provided a substitute
ordinance. Mr. Kelly made a motion to substitute the ordinance, seconded by Mr. Elizondo and
passed.
In response to Council Member Hummell, Traffic Engineer Ricardo Guzman explained that
the changes pertained to the requirement of notice to adjacent property owners and the two weeks
prior notice required for the city council meeting. Mr. Rummell asked questions regarding the
notice to tenants. Assistant City Attorney Veronica Ocanas answered that the applicant would fill
out a form containing information incase the event impacts businesses and the applicant can bring
up their issues at a City Council meeting. Mr. Rummell asked when the "Conquer the Coast" was
scheduled for the council meeting and the date of the race. Mr. Guzman said the "Conquer the
Minutes — Regular Council Meeting
August 28, 2007 — Page 8
Coast" permit is scheduled on September 18t" and the event on September 28t". Ms. Ocanas
explained that the provision allows the City Council to approve a permit regardless if an applicant
met the requirement or not. Council Member Marez asked questions regarding the impact on
businesses. Mr. Guzman said staff and organizers hope to address the concerns of business
owners prior to coming to Council for approval. City Secretary Chapa polled the Council for their
votes as follows:
13. ORDINANCE NO. 027393
Amending the Code of Ordinances, City of Corpus Christi, Chapter 49, Streets and
Sidewalks, Division 2: Temporary Closure of Streets, Section 49-17: Conditions and
requirements for permit, repealing and replacing Subsection (F) to require written notice
instead of written approval; allowing for written notice to be given to tenants and building
managers; requiring posting of same inside entrances to multi -tenant buildings; providing for
severance; and declaring an emergency.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye"
Mayor Garrett opened discussion on Item 14 regarding the graffiti ordinance. In response to
Council Member Martinez, Police Chief Bryan Smith said the seven day consent notice would be
used as a tracking device to track the time of the call and completion of clean up. City Secretary
Chapa polled the Council for their votes as follows:
14. ORDINANCE NO. 027394
Amending Chapter 33, Article VI. Graffiti Control, of the City Code of Ordinances by revising
the provisions regarding notice requirements, the hearing process, eradication efforts and
providing for liens; providing for publication; providing for penalties; and providing for an
effective date.
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye".
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. Liz Sefcik, 214 Atlantic, spoke
regarding recommendations for investigating the water issues. Olga Gonzales, 1809 Yale, provided
ideas for uses for the Memorial Coliseum. Lisa Hernandez, 434 Villa Drive, spoke regarding the
water contamination and the City Manager. Susie Luna Saldana, 4710 Hakel, spoke regarding
resolving the issues in the City. Carolyn Moon, 4902 Calvin, spoke regarding graffiti, the water
issues, and notifying citizens of bacteria in the bay. Domingo Ybarra, President of the Corpus
Christi Police Officers Association, spoke regarding a planned meeting with the City Manager to
discuss matters related to problems within the Police Department. He also discussed concerns
regarding recent issues related to the water problems.
Tommy Douglas presented a petition requesting that the Mayor and Council address the
neighborhood's concerns regarding loud, profane noise and lyrics coming from Concrete Street
Minutes — Regular Council Meeting
August 28, 2007 — Page 9
Amphitheater. Errol Summerlin, Legal Aid in Corpus Christi, asked for assistance in getting an
office at Hilltop Community Center next to the Disaster Recovery Center. Henry Williams, 2422
Summers Street, spoke regarding the noise at Concrete Street. Abel Alonzo, 1701 Thames, spoke
regarding the creditability of the City Manager. Terry Carter, President and CEO of the Corpus
Christi Chamber of Commerce, spoke regarding the financial impact of the water boil notice and the
accountability of city officials. John Kelly, 3621 Austin, spoke regarding the wastewater collection
plan for South of Oso Creek and smart growth. Tracey Smith, 211 N. Chorizo, spoke regarding the
noise problem from Concrete Street. Joe Hansler, 1515 Caribbean, spoke regarding problems at
his rental properties.
* * * * * * * * * * * * *
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
29. Executive session under Texas Government Code Section 551.071 regarding Cause
No. 04-3928-G, City of Corpus Christi v. Entrust, Inc., in the 319t" Judicial District Court
of Nueces County, Texas, with possible discussion and action related thereto in open
session.
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
29. MOTION NO. 2007-228
Motion authorizing acceptance of $400,000 for settlement of Cause No. 04-3928-G City of
Corpus Christi v. Entrust, Inc.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Rummell, Kelly, McCutchon, and Martinez, voting "Aye"; Cooper, Leal and Marez were
absent.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 17 regarding the second public hearing on the proposed ad
valorem tax rate increases. Cindy O'Brien, Director of Financial Services, said staff would be
recommending the actual maintenance and operations tax rate of $0.563846 at the meeting on
September 11th. Mr. Marez made a motion, seconded by Mr. Elizondo and passed to open the
public hearing.
Bill Kopecky, 3609 Topeka, recommended adopting the total effective tax rate of $.549193
and spoke regarding the general fund balance and debt service tax rate. J.E. O'Brien, 4130
Pompano, spoke regarding setting a time certain for the public hearing and supported a tax rate of
$.549 per $100 valuation.
Mr. Marez made a motion to close the public hearing, seconded by Mr. Kelly, and passed.
Mayor Garrett stated that during the September 11th City Council Meeting beginning at 10:00
a.m. at City Hall, the City Council will vote on the proposed tax rate.
* * * * * * * * * * * * *
Minutes — Regular Council Meeting
August 28, 2007 — Page 10
Mayor Garrett referred to Item 19 regarding the FY2007 Consolidated Annual Action Plan
(GAAP). Daniel Gallegos, Community Development Administrator referred to a powerpoint
presentation including a background of the community development programming; the FY2007
schedule process; and staff's recommendation. There were no comments from the audience.
Council members asked questions regarding the entities receiving funding; the review of
applications; and the council approval process. Staff responded. City Secretary Chapa polled the
Council for their votes as follows:
19.a. MOTION NO. 2007-226
Motion authorizing the City Manager or his designee to accept grants from the United States
Department of Housing and Urban Development to implement the FY2007 Consolidated
Annual Action Plan, including the Community Development Block Grant (CDBG), the
Emergency Shelter Grant (ESG), and the HOME Investment Partnerships (HOME) Grant,
and execute Subrecipient Agreements for community planning and development projects
and activities.
CDBG FUNDING
(1) Boys and Girls Club of Corpus Christi - $100,716
(2) Brooks Chapel Early Childhood Development Center - $65,300
(3) Coastal Bend Center for Independent Living (CBCIL) - $15,000
(4) Coastal Bend Center for Independent Living (CBCIL) - $25,000
(5) Del Mar College/Business Resource Center - $175,000
(6) Greenwood Molina Children's Center/Schoolagers Play Park - $25,000
(7) Nueces Lofts Apartments - $500,000
(8) Universal Little League - $35,000
FY2007 ESG FUNDING
(9) Catholic Charities - $13,000
(10) Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's Place - $12,000
(11) Corpus Christi Hope House, Inc. - $13,000
(12) Corpus Christi Metro Ministries, Inc. - $43,000
(13) Mary McLeod Bethune Day Nursery, Inc. - $13,000
(14) New Life Fellowship of Corpus Christi, Inc. - $10,000
(15) The Ark Assessment Center and Emergency Shelter for Youth - $13,000
(16) The Salvation Army - $13,000
(17) The Women's Shelter of South Texas - $20,498
FY2007 HOME FUNDING
(18) Community Development Corporation (CDC) - $200,000
(19) Apartments of the Village/LULAC Hacienda Apartments - $260,009
(20) Messianic Fellowship Church Affordable Housing Initiative - $300,000
(21) TG110 - Glenoak Apartments (CHDO) - $250,000
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Rummell, Kelly, Leal, McCutchon, Martinez, voting "Aye"; Cooper and Marez was absent.
19.b. ORDINANCE NO. 027396
Minutes — Regular Council Meeting
August 28, 2007 — Page 11
Ordinance appropriating $6,851,949 in the No. 1059 CDBG Grants Fund for the FY2007
Consolidated Annual Action Plan which includes: (1) $4,148,016 for the CDBG Program,
consisting of $3,480,612 of entitlement funds, $470,000 of program income from housing
loans, $65,569 of demolition lien program income, and $131,835 of reprogrammed funds;
(2) $150,498 of entitlement funds for the ESG Program; and (3) $2,553,435 for the HOME
Program, consisting of $1,649,582 of entitlement funds, $25,570 of the American Dream
Downpayment Initiative Grant, $175,385 of program income from housing loans, and
$702,898 of reprogrammed funds, for approved community planning and development
projects and activities.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Martinez, voting
"Aye"; Cooper and Marez were absent.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 18, and a motion was made, and seconded to open the
following public hearing:
18.a. Public hearing to receive public comments regarding an amendment of the FY2007
Consolidated Annual Action Plan to realign, reprogram, and reallocate Community
Development Block Grant (CDBG) Program funds.
Mr. Gallegos explained that project changes have resulted in the cancellation and
reprogramming of the following CDBG projects: the FYO5 and FYO6 Dr. Hector P. Garcia Project;
the FYO7 Downtown Infrastructure Project and FYO7 Lofty Apartments also know as Buffalo Lofts.
Mr. Gallegos provided a list of staff recommendation's for the proposed CDBG projects.
Council members asked questions regarding the fundraising for the Hector P. Garcia
project; other means of assistance for the Hector P. Garcia project; funding for the Broadmoor
Senior Center; if staff's recommendation accounted for all of the reprogrammed funds; the
cancellation of the Buffalo Lofts project funding; the Model Block Program; the Nueces Lofts; and
the distribution of funds demographically by district.
Mayor Garrett called for public comment. Addie Heard, Nueces County Community Action
Agency, explained that the funds received for the weatherization project would assist the low to very
low income to help conserve energy and transition people out of poverty. Roland Garza spoke
regarding the CDBG funding process and the City's return on investment.
Ms. Leal made a motion to recommend funding for the following projects: (1) Ayers Street
Drainage Improvements - $62,000; (3) Broadmoor Senior Center - $125,000; (7) Cole's Gym -
$65,000; (14) Greenwood Softball Complex - $125,000 (25) Residential Traffic Management
Program - $13,000; (35) Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place -
$40,000; (40) Fighting to Rid Gangs in America Foundation Inc. - $100,000; and (41) Greenwood
Molina Children's Center - $50,000. A brief discussion ensued regarding the Model Block Program
and the Nueces County Community Action Agency Weatherization Rehabilitation. The motion died
for a lack of second.
Mr. Kelly made a motion to amend the staff recommendation by funding the following
projects: (1) Ayers Street Drainage Improvements - $62,000; (3) Broadmoor Senior Center -
Minutes — Regular Council Meeting
August 28, 2007 — Page 12
$125,000; (7) Cole's Gym - $65,000; (21) Model Block Program - $100,000; (23) Rehabilitation
Services - $38,000 (35) Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place -
$40,000; (40) Fighting to Rid Gangs in America Foundation Inc. - $75,000; (41) Greenwood Molina
Children's Center - $45,000; and Nueces County Community Action Agency Weatherization
Rehabilitation - $40,000. The motion was seconded by Ms. Cooper and passed (Leal voting "No").
Ms. Cooper made a motion to close the public hearing, seconded by Mr. Kelly and passed.
City Secretary Chapa polled the Council for their votes as follows:
18.b. MOTION NO. 2007-224
Motion to authorize the City Manager or his designee to amend the FY2007 Consolidated
Annual Action Plan for the CDBG Program to include the following projects: (1) Ayers
Street Drainage Improvements - $62,000; (3) Broadmoor Senior Center - $125,000; (7)
Cole's Gym - $65,000; (21) Model Block Program - $100,000; (23) Rehabilitation Services -
$38,000 (35) Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place -
$40,000; (40) Fighting to Rid Gangs in America Foundation Inc. - $75,000; (41) Greenwood
Molina Children's Center - $45,000; and Nueces County Community Action Agency
Weatherization Rehabilitation - $40,000.
The foregoing motion was passed and approved as amended with the following vote:
Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez and Martinez, voting "Aye";
Leal voting "No".
18.c. MOTION NO. 2007-225
Motion to authorize the City Manager or his designee to execute CDBG Subrecipient
Agreements with Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's
Place, Fighting to Rid Gangs in America Foundation, Inc., and Nueces County Community
Action Agency.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, McCutchon, Marez and Martinez, voting "Aye"; Leal voting "No".
Mayor Garrett announced that Council Member Marez would like to make a disclosure
statement.
Council Member Marez made the following statement:
"I publicly disclose that through my profession, I regularly deal with the ARK Assessment
Center and the Emergency Shelter for Youth.
will obtain no financial interest or benefit from a CDBG, ESG or HOME activity.
will have no financial interest in any contract with respect to a CDBG, ESG or HOME
activity or its proceeds.
will abstain from participation in all deliberation and voting of funding related to the ARK
Minutes — Regular Council Meeting
August 28, 2007 — Page 13
Assessment Center and the Emergency Shelter for Youth."
* * * * * * * * * * *
Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi
Community Improvement Corporation (CCCIC).
* * * * * * * * * * * * *
Mayor Garrett reconvened the Regular Council Meeting. Mayor Garrett opened discussion
on Item 20 regarding the placement of advisory signs at beach access locations. City Manager Noe
said this item authorized staff to implement the installation of signage along various beaches in the
community when testing results indicated bacteria at lower than standard levels.
Mayor Garrett called for comments from the audience. Neil McQueen, Chair of the Coastal
Bend Surf Rider Foundation, spoke regarding Option 2 in the agenda packet stating that the task
force did not recommend posting signs when bacteria levels were elevated. Mr. McQueen said he
did support the placement of signs based on the General Land Office (GLO) protocol. City Manager
Noe stated that the Option 2 in the agenda packet referred to action taken in 2005 and is not what
staff is recommending today. John Adams, 307 Katherine Drive, spoke in support of the placement
of signs. Cliff Slovik, 122 Whiteley, spoke regarding illnesses resulting from the quality of water and
said that Corpus Christi should have been one of the first cities to follow the GLO plan. Mr. Slovik
said that he was concerned that the City would only utilize the City's sign and not the GLO sign.
John Kelly, 3621 Austin, said that rainfall should be a triggering event to bring down the signs and
spoke regarding DNA sampling.
Assistant City Manager Ron Massey showed the Council the City's generic sign and the
GLO standard sign.
Council Members asked questions regarding the difference between staff's recommendation
and the state's action plan; utilization of Options 1 and 2; the delay between when a sample is
taken and receiving a test result; the agency that decides where and when testing occurs; locations
for sampling; if the City would be contacted when the signs should be down; and an implementation
plan.
Dr. McCutchon made a motion to amend Item 20 to direct the City Manager to implement
Option 1 and Option 2 from the background information in the agenda packet; including the
complete implementation of the GLO Texas Beach Watch program; in addition to routine weekly
monitoring, the City takes samples after significant rain events; and deleting the last sentence in
Option 2. The motion was seconded by Ms. Martinez and passed.
City Secretary Chapa polled the Council for their votes as follows:
20. MOTION NO. 2007-227
Motion to direct City Manager to implement GLO recommendation standards regarding
testing levels of bacteria at beach access locations, testing during high rain periods and
placement of advisory signs as follows:
A General cautionary sign stating that water quality may be affected after a heavy rain
incident, particularly in storm water outfall areas and that swimming is not advised. This
sign would be permanently posted at each monitored beach at Corpus Christi Bay.
Minutes — Regular Council Meeting
August 28, 2007 — Page 14
Additional signs to be placed at monitored sites stating that the area was being regularly
monitored for water quality in participation with the Beach Watch program.
The foregoing motion was passed and approved as amended with the following vote:
Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting
"Aye".
Mayor Garrett opened discussion on Item 21 regarding the Corpus Christi Business and Job
Development Corporation (4A Board). Director of Economic Development Irma Caballero said the
4A Board is requesting approval to re -appropriating $433,015 from prior years unspent funds and
appropriate an additional $200,000 from the 4A board fund balance for small business support.
Mayor Garrett called for comments from the audience. Joe Cisneros, President of the
Hispanic Chamber of Commerce, and Sylvia Ford, 3306 New Bedford spoke in support of the
efforts of the 4A Board regarding small business. City Secretary Chapa polled the Council for their
votes as follows:
21. ORDINANCE NO. 027397
Ordinance changing the Corpus Christi Business and Job Development Corporation (4A
Board) budget by appropriating $443,015 from prior year unspent funds and appropriating
an additional $200,000 from the 4A Board fund balance for small business support.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and
Martinez, voting "Aye".
Mayor Garrett opened discussion on Item 22 regarding approval of a contract between the
4A Board and ACCION Texas Inc. Ms. Caballero said staff is requesting the approval to authorize
execution of the agreement with ACCION Texas Inc.
Joe Cisneros, President of the Hispanic Chamber of Commerce, spoke in support of
ACCION receiving the funding and consideration of funding in the future for mid-size businesses.
City Secretary Chapa polled the Council for their votes as follows:
22. RESOLUTION NO. 027398
Resolution approving the contract between the Corpus Christi Business and Job
Development Corporation and ACCION Texas Inc. to provide a micro -lending program for
small business support and authorizing the City Manager or his designee to execute the
agreement.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting "Aye".
Mayor Garrett opened discussion on Item 23 regarding the automated red light enforcement.
City Manager Noe said the red light enforcement ordinance requires updating to comply with recent
changes in State law.
Minutes — Regular Council Meeting
August 28, 2007 — Page 15
Council Member Hummell asked for the number of red light cameras currently in place.
Police Chief Smith said he would provide that information. There were no comments from the
audience. City Secretary Chapa polled the Council for their votes as follows:
23. ORDINANCE NO. 027399
Ordinance amending Chapter 53, Article X, Automated red light enforcement, of the City
Code of Ordinances by revising the provisions regarding civil penalties, enforcement
procedures, the hearing process, and appeal; providing for publication; providing for
penalties.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and
Martinez, voting "Aye".
Mayor Garrett opened discussion on Item 24 the establishment of the Marina Advisory
Committee and the Watershore and Beach Advisory Committee. Director of Park and Recreation
Sally Gavlik said the two new committees would replace the current Water/Shore Advisory
Committee and that all current members could apply.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
24. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 to establish the Marina
Advisory Committee and the Water Shore and Beach Advisory Committee in place of the
Water/Shore Advisory Committee; providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez,
voting "Aye".
* * * * * * * * * * * * *
Mayor Garrett referred to Item 28 regarding a presentation on the Wastewater Collection
System Master Plan Update for South of Oso Creek. Dan Leyendecker, LNV Engineering, referred
to a powerpoint presentation including maps of the six wastewater treatment plants and basins; the
rate capacity, actual flow, ultimate capacity required; and master plan update for each treatment
plant; description of the South of Oso Creek Service Area; adopted future land use map; and
objectives the master plan will be based on. Deputy Director of Development Services Johnny
Perales stated that approval is schedule to be presented to Planning Commission in October and
the City Council in late October.
Council members asked questions regarding the definition of the rate of capacity; the
definition of the ultimate capacity required; the effect of rain on wastewater; the difference between
a reclamation plant and a wastewater treatment plant; the increase in capacity at Greenwood
Treatment Plant; diversion from Broadway to the Greenwood or Allison Plant; the projected average
daily flow for South of Oso Creek; timeframe for the development of South of Oso; and
improvement of pipes in Master Plan.
Minutes — Regular Council Meeting
August 28, 2007 — Page 16
Mayor Garrett asked staff to consider disregarding the Hillcrest plant and concentrate on
rebuilding/enhancing Broadway or enhancing Greenwood. City Manager Noe said staff was
working on updating the numbers associated with all of the options on the Broadway plant and will
bring to Council in the next couple of weeks.
Mayor Garrett opened discussion on Item 25 regarding a report on Citywide Growth. Senior
City Planner Bob Payne referred to a powerpoint presentation including the city limits and
extraterritorial jurisdiction; historical population growth; population estimates; 30 year land use map;
area development plan study areas; aerial photo of preliminary plat activity; recorded plats; building
permit activity; existing population vs. residential building permits; and comparison of growth with
other cities.
Council members asked questions regarding low density residential growth; the estate type
of development; the number of new utility connections; recorded plats; the process of platting; the
percentage of building permits for subdivisions; the boundary area for Ocean Drive and Louisiana
Parkway; the boundary streets for the Southside area; and the percentage increase in population
growth and housing units.
Mayor Garrett referred to Item 26 regarding a presentation on the City's Noise Ordinance.
Joseph Harney, Assistant City Attorney, referred to a powerpoint presentation including the current
language of the noise ordinance; issues; state law; and proposed changes to enforcement,
allowable decibel levels, vibration, vehicle sound systems, and exceptions for sound.
In response to Mayor Garrett, Mr. Harney said officers would be allowed to issue citations
for vehicle sounds. Council Member Marez expressed his concern regarding the exceptions for city
sponsored celebrations because of the complaints from residents near the Cole Park Amphitheatre.
City Attorney Mary Kay Fischer said that language can be placed in the contract for performers at
Cole Park to address the noise issue or establish a provision in the ordinance.
Mayor Garrett referred to Item 27 regarding an update on the 78415 Community Youth
Development Program. Sally Gavlik, Director of Parks and Recreation referred to a powerpoint
presentation including the history of the CYD program; the 78415 CYD contracts and subcontracts;
roles and responsibilities of the 78415 Steering Committee, Fiscal agent, Project Coordinator, and
the Youth Advisory Committee; the CYD request for proposal process; evaluation tool areas as per
subcontractor RFP; other parks and recreation programs that reduce/prevent juvenile crime; the
CYD budge from 2003-2007; and 78415 CYD program service providers from 1997 to 2007.
Council members asked questions regarding the budget; whether City Council has control of
the funds; the amount of funds received since 1997; the number of children and parents serviced in
the 78415 area since the program initiated; the juvenile crime; the amount of money spent on each
student and parent; the number of schools and eligible students in the 78415 area; the current
number of service providers; the funding process; whether the City has the capability to direct the
funds; the YMCA program; the appropriation to public libraries; the Communities in Schools
program; the direction of the CYD program; if a determination of the zip code with juvenile probation
referral rate has been reviewed in the last five years and the entity who makes that determination;
and whether the state reviews the best use of funds.
Ms. Leal requested a report on the juvenile crime rate for the last five years; since the
program started, the number of students receiving services and the schools they attended; the
schools presenting YMCA and YWCA programs; and the schools receiving Communities in Schools
services.
Minutes — Regular Council Meeting
August 28, 2007 — Page 17
* * * * * * * * * * * * *
Mayor Garrett called for the City Manager's report. City Manager Noe reported on the
Citizen University application process and the CCINFO electronic delivery of information.
Mayor Garrett provided an update on the status of the Water Investigation Committee.
Council Member McCutchon asked what the City has done regarding water treatment. City
Manager Noe said that Interim Water Superintendent Angel Escobar has brought Justin Sutherland
to review the testing procedures and an outside expert to review the treatment plant area. Dr.
McCutchon and Nelda Martinez spoke regarding an outside consultant hired by the City Council to
review the procedures.
Mayor Garrett called for Council concerns and reports.
Council Member Hummellthanked staff for their quick response in repairing the pothole on
Carancahua Street next to the Wilson Plaza. Mr. Rummell provided an update on the progress of
the Memorial Coliseum Committee.
Council Member McCutchon spoke regarding the placing signs at Packery Channel
regarding dangerous currents closer to the water's edge; the development of a street surface for
bicycling; storm water drainage on Primavera Street; repair of the ditch drainage on Flour Bluff
Drive and Graham Road; and code violations for signs and brush pilings. Dr. McCutchon also
asked questions regarding increasing the code enforcement department.
Council Member Leal asked if staff had received correspondence from the Army Corps of
Engineers regarding the wet lands. Ms. Leal spoke regarding the City reducing the mowing rates
for subcontractors to clear properties and potholes on the L -Head.
Council Member Martinez thanked Mike Hummell for his leadership on the Memorial
Coliseum Committee. Ms. Martinez also thanked Director of Neighborhood Services Yvonne Haag
for Code Enforcement's immediate response to the code violations for signs.
Council Member Marez asked the Police and Engineering Departments to address the
flooding problem in the Six Points area and the speeding vehicles that cause a "wake" that goes
into the businesses during rain events.
Mayor Garrett asked if the crossing guards were fully staffed. Police Chief Smith said that
the crossing guards were fully staffed and that the Police Department is working with CCISD to
make sure they are in the right locations. In response to Mayor Garrett, Director of Engineering
Kevin Stowers said Engineering had worked with the Flour Bluff School District regarding the
construction work and that additional enforcement would be out for the rest of the week to minimize
traffic.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 6:23 p.m. on August 28, 2007.
* * * * * * * * * * * * *