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HomeMy WebLinkAboutMinutes City Council - 08/12/2008I 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 12, 2008, which were approved by the City Council on August 26, 2008. WITNESSETH MY HAND AND SEAL, on this the 26th day of August, 2008. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 12, 2008 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem John Marez** Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummell Priscilla Leal Michael McCutchon Nelda Martinez ABSENT Bill Kelly *Arrived at 10:15 a.m. **Arrived at 4:55 p.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. Council Member Leal requested that a special prayer be given for City employee Roberto Perez, Sr. and his family members that passed away in a car accident last week. The invocation was delivered by Pastor Mark Behrendt and the Pledge of Allegiance to the United States flag was led by Council Member Nelda Martinez. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meeting of July 22, 2008. A motion was made and passed to approve the minutes as presented. A brief discussion ensued regarding the minutes format. ************ Mayor Garrett referred to Item 2 and the following board appointments were made: Clean City Advisory Committee Brenda Cuvelier (Appointed) Community Youth Development (78415) Program Steering Committee Venessa Santos -Garza (Appointed) Human Relations Commission Pastor Derrick Reaves (Reappointed) Dr. Chon-Kyun Kim (Appointed) Edna Arredondo (Appointed) Robert J. Bonner (Appointed) Jacob Sendejar (Appointed) Staci Alanis (Appointed) Commission on Children and Youth Debbie Espinosa (Appointed) Lorenzo Knowles (Appointed) C.C. Convention and Visitors Bureau Foster Edwards (Reappointed) Robert Tamez (Reapponted) Butch Pool (Reappointed) Bill Morgan (Reappointed) Frank Montesano (Reappointed) Michael Womack (Appointed) Mark Schaberg (Appointed) Minutes — Regular Council Meeting August 12, 2008 — Page 2 Park and Recreation Advisory Committee Rene Richard Gutierrez (Reappointed) Garrett Dorsey (Reappointed) Kendal Keyes (Appointed) Carrie Robertson (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 - 17). There were no comments from the public. Council members requested that Items 5, 7, 13, and 16 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. ORDINANCE NO. 027790 Ordinance appropriating $228,012.99 from the unreserved fund balance in the No. 1061- 821001 Law Enforcement Federal Trust Fund and appropriating $111,284.15 from the unreserved fund balance in the No. 1061-821000 Law Enforcement State Trust Fund for law enforcement equipment and related expenditures. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo, Kelly, and Marez were absent. 4. MOTION NO. 2008-197 Motion amending the FY 2006 Port Security Grant to provide for an additional $31,800 in the No. 1061 Police Grant Fund based on a required increase in cash match for funding, increasing the total project cost to $127,199, with $95,400 approved federal funds and $31,800 cash match from the Law Enforcement Trust Fund, to purchase law enforcement equipment for the Police Department. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo, Kelly, and Marez were absent. 6.a. MOTION NO. 2008-199 Motion approving the purchase of continuous coverage product maintenance from Intergraph Security, Government and Infrastructure of Huntsville, Alabama in the amount of $317,465.42 through July 31, 2009 for the Intergraph and third party software packages. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo, Kelly, and Marez were absent. 6.b. MOTION NO. 2008-200 Motion approving the purchase of continued annual maintenance costs from Intergraph Security, Government and Infrastructure of Huntsville, Alabama for software for the Intergraph and third party software packages subject to annual appropriation of funds based on sole source. Minutes — Regular Council Meeting August 12, 2008 — Page 3 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo, Kelly, and Marez were absent. 8. ORDINANCE NO. 027792 Ordinance abandoning and vacating a 738 -square foot portion of a 10 -foot wide utility easement out of Don Patricio subdivision, Block S, Lot 12, and a one-half portion of Lot 13, and a one-half portion of Lot 40 and all of Lot 41, between Flour Bluff Drive and Lynhurst Drive; requiring the owner, L.C. Alty, LTD, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo, Kelly, and Marez were absent. 9. ORDINANCE NO. 027793 Ordinance abandoning and vacating a 738 -square foot portion of a 10 -foot wide utility easement out of Don Patricio subdivision, Block S, a one-half portion of Lot 13, and all of Lot 14, and Lot 39, and a one-half portion of Lot 40, between Flour Bluff Drive and Lynhurst Drive; requiring the owner, Johnston Family Investments, LTD to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo, Kelly, and Marez were absent. 10. ORDINANCE NO. 027794 Ordinance abandoning and vacating a 975 -square foot portion of a 10 -foot wide utility easement out of Padre Island -Corpus Christi, Mariner's Cay Unit 2A, Block 2, Lots 10-11, located adjacent to the Cabana East Street public rights-of-way; requiring the owner, Brite Star Construction, LP to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo, Kelly, and Marez were absent. 11. MOTION NO. 2008-202 Motion authorizing the City Manager or his designee to execute a construction contract with Grace Paving and Construction, of Corpus Christi, Texas in the amount of $59,649.07 for the Dr. Hector P. Garcia Park — Park Development Phase 1 for the Total Base Bid with Additive Alternate B. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo, Kelly, and Marez were absent. Minutes — Regular Council Meeting August 12, 2008 — Page 4 12. MOTION NO. 2008-203 Motion authorizing the City Manager or his designee to execute Change Order No. 4 to the construction contract with R.S. Black Civil Contractors, Inc. of Corpus Christi, Texas in the amount of $182,034.50 for a total restated fee of $4,780,755.50 for the Oso Water Reclamation Plant Clarifier Nos. 5, 6, 7, 8/Aerobic Digester No. 2 / Blower House No. 2 Improvements. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo, Kelly, and Marez were absent. 14. MOTION NO. 2008-205 Motion authorizing the City Manager or his designee to execute a Construction Contract with Haas Anderson Construction, Ltd. of Corpus Christi, Texas in an amount not to exceed $5,369,282.07 for the Corpus Christi International Airport Taxiway Rehabilitation, Taxiway Signage/Lighting and Drainage Phase VI Improvements. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo, Kelly, and Marez were absent. 15. MOTION NO. 2008-206 Motion authorizing the City Manager or his designee to execute an engineering services contract with Bath Engineering Group, Inc., of Corpus Christi, Texas in an amount not to exceed $267,990 for the American Bank Center Chiller System Upgrade/Replacement project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo, Kelly, and Marez were absent. 17.a. ORDINANCE NO. 027795 Ordinance declaring City property located at 209 S. Carancahua as surplus property to enable its sale and disposition contingent upon the purchase, exchange, or construction of a new Fire Department facility for use in training, equipment maintenance and repair, classroom, or other related uses. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo, Kelly, and Marez were absent. 17.b. ORDINANCE NO. 027796 Ordinance authorizing the advertisement and publication of the sale or exchange of surplus City property located at 209 S. Carancahua; reserving the right to reject any and all bids; evaluating bids based on the most advantageous bid to the City, with subsequent City Council action approving or rejecting the selected bid. Minutes — Regular Council Meeting August 12, 2008 — Page 5 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo, Kelly, and Marez were absent. Mayor Garrett opened discussion on Item 5 regarding a grant from the America's Promise Alliance for the purpose of hosting a Dropout Prevention Leadership Summit. Council Member Leal asked whether staff would hold meetings with the area schools to find out the problems that the students are having. Director of Education Initiatives JoAnn Hooks stated that this effort will help address the obstacles that students face to find out the reasons that students do not return to school or incidents that keep them from coming to school. Ms. Hooks added that the various school districts will make monthly presentations to the Council on the educational landscape, successes, and challenges in each school district. City Secretary Chapa polled the Council for their votes as follows: 5.a. MOTION NO. 2008-198 Motion authorizing the City Manager or his designee to execute all documents necessary to accept the grant from the America's Promise Alliance in the amount of $10,000 for the purpose of hosting a Dropout Prevention Leadership Summit during the first quarter of 2009 that will allow community leaders to convene key stakeholders to develop and/or advance action plans for improving the high school graduation rate and ensuring young people are ready for college/technical training, work and life. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. 5.b. ORDINANCE NO. 027791 Ordinance appropriating a $10,000 grant from the America's Promise Alliance in the No. 1071 Community Enrichment Grants Fund for the purpose of hosting a Dropout Prevention Leadership Summit during the first quarter of 2009 that will allow community leaders to convene key stakeholders to develop and/or advance action plans for improving the high school graduation rate and ensuring young people are ready for college/technical training, work and life. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. Mayor Garrett opened discussion on Item 7 regarding a Joint Election Agreement with Nueces County for conducting a joint election on November4, 2008. Council Member Leal asked for the estimated cost of the joint election. City Secretary Chapa stated that the City budgeted $180,000 for the joint election based on the last joint election. In response to Council Member McCutchon, Mr. Chapa said there would not be an additional charge to include an additional item. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2008-201 Motion authorizing the City Manager to execute a Joint Election Agreement with Nueces County for conducting a joint election on November 4, 2008. Minutes — Regular Council Meeting August 12, 2008 — Page 6 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. Mayor Garrett opened discussion on Item 13 regarding the Buckingham Estates Lift Station Upgrade. Council Member McCutchon asked questions regarding the location and age of the Buckingham Estates Lift Station. Interim Director of Engineering Kevin Stowers stated that the lift station is located at Staples and Yorktown. Mr. Stowers added that the lift station has been in service for at least 20 years and would provide the exact age during or at the end of the meeting. Council Member Hummell asked for the location of the lift station that is being replaced. Interim Assistant City Manager Angel Escobar stated that the new station is located adjacent to the existing station. In response to Council Member Hummell, Mr. Escobar said that the current property will be utilized for the generator and odor control facility. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 2008-204 Motion authorizing the City Manager or his designee to execute a Construction Contract with Big State Excavation of Corpus Christi, Texas in the amount of $1,880,406 for the Buckingham Estates Lift Station Upgrade project for the Total Base Bid. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. Mayor Garrett opened discussion on Item 16 regarding renovations to Oak Park Recreation Center, Oso Recreation Center, and Joe Garza Pool. Council Member Hummell asked whether the three projects were part of the Bond 2004 issue and whether there are projects that are not under contract. Interim Director of Engineering Kevin Stowers said all three projects were part of the Bond 2004 issue and that there are still projects that are not under contract. Council Member Hummell asked questions regarding whether the scheduled changed on the construction of the Bayfront Master Plan — Phase 1. Interim Assistant City Manager Angel Escobar stated that the project was delayed because of Buc Days. In response to Council Member McCutchon, Mr. Escobar said that the job order contracts are being distributed evenly to the contractors. City Secretary Chapa polled the Council for their votes as follows: 16.a. MOTION NO. 2008-207 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Nuway International, Inc., of Corpus Christi, Texas in the amount of $89,029.05 for the Oak Park Recreation Center Renovations. (Bond Issue 2004) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. 16.b. MOTION NO. 2008-208 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Nuway International, Inc., of Corpus Christi, Texas in the amount of$154,752.34 for the Oso Recreation Center Renovations. (Bond Issue 2004) Minutes — Regular Council Meeting August 12, 2008 — Page 7 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye; Kelly and Marez were absent. 16.c. MOTION NO. 2008-209 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Nuway International, Inc., of Corpus Christi, Texas in the amount of $52,436.69 for the Joe Garza Pool Renovations. (Bond Issue 2004) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. +# w+r**x rt rt+f x+ Mayor Garrett opened discussion on Item 18 regarding agreements for state and federal governmental relations services. Director of Intergovernmental Relations Rudy Garza stated this item is a renewal of contracts with the existing firms of HiIICo Partners and Meyers and Associates. Snapper Carr and Brandon Aghamalian with HiIICo Partners provided a background of their governmental relations experience. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18.a. MOTION NO. 2008-210 Motion authorizing the City Manager to execute an agreement between the City of Corpus Christi and HiIICo Partners in the amount of $84,000 for state governmental relations services. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. 18.b. MOTION NO. 2008-211 Motion authorizing the City Manager to execute an agreement between the City of Corpus Christi and Meyers &Associates in the amount of $90,000 for federal governmental relations services. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. Mayor Garrett opened discussion on Item 19 regarding a small business incentive agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and ACCI6N Texas. Director of Economic Development Irma Caballero explained that this contract is for $350,000, of which $200,000 is for the continuation of an interest buy -down program and $150,000 is for an extended program. Ms. Caballero highlighted the three major points discussed at the July 29th meeting including how the reduction in the prime interest rates affect the interest rate charged to ACCI6N clients; whether the City has representation on the ACCI6N Board; and the fees charged to ACCI6N for closing costs. Ms. Caballero added that the response to the three major questions Minutes — Regular Council Meeting August 12, 2008 — Page 8 raised by the Council were that reductions in the prime interest rate do not effect the rate of interest that ACCI6N charges for loans; the City's representative on the ACCION board is Mario Domingo; and that fees charged to ACCI6N for closing cost is 3% of the loan amount. President/CEO of ACCI6N Texas Janie Barrera; Tom Matthews with American Bank; Sylvia Ford with Frost Bank; Jordan Barton with Capital One Bank; and Chairperson of the 4A Board Eloy Salazar spoke in support of ACCION. In response to Council Member McCutchon, Ms. Caballero stated the ACCION has provided 204 loans with only one (1) default. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 027797 Resolution approving a Small Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and ACCION Texas, Inc. for an interest buy -down program for small businesses; and authorizing the City Manager or his designee to execute a Small Business Incentive Project SupportAgreementwith the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the ACCI6N Texas Small Business Incentive Agreement. (Tabled from 07/29/08) The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. Mayor Garrett opened discussion on Item 20 regarding a resolution in support of Calixas Holdings LLC. Emily Martinez, Economic Development, provided a background of Calixas Holding, LLC and the scope of the proposed yacht manufacturing company. Ms. Martinez added that Calixas is seeking local support in acquiring state and/or federal funding for the project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 027798 Resolution supporting Calixas Holdings, LLC endeavor to establish operations in the Coastal Bend Area and to obtain State and Federal funding. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. Mayor Garrett opened discussion on Item 21 regarding the FY2008 Corpus Christi Business and Job Development Corporation (4A Board) Affordable Housing Program. City Secretary Chapa announced that Council Member Leal would like to make a disclosure statement. Council Member Leal made the following statement. "I publicly disclose that I am a member of the Nueces County Community Action Agency Board. Minutes — Regular Council Meeting August 12, 2008 — Page 9 I will obtain no financial interest or benefit from a Corpus Christi Business and Job Development Corporation Affordable Housing Program activity. will have no financial interest in any contract with respect to a Corpus Christi Business and Job Development Corporation Affordable Housing Program activity or its proceeds. I will abstain from participation in all deliberation and voting of funding related to this board." Director of Neighborhood Services Yvonne Haag referred to a powerpoint presentation including a background of the 4A Affordable Housing Program; the project concept; the Request for Proposal (RFP) process; evaluation and rating process; project categories; project recommendations; 4A funding available for affordable housing; and a recommendation overview. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21.a. RESOLUTION NO. 027799 Resolution authorizing the Corpus Christi Business and Job Development Corporation ("Corporation") to execute an affordable housing project agreement with the City of Corpus Christi in the amount of $150,000 for home buyer assistance, and authorizing the City Manager or his designee to execute an affordable housing project service agreement with the Corporation regarding implementation and administration of the affordable housing project agreement between the Corporation and City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, McCutchon, and Martinez, voting "Aye"; Leal abstained; Kelly and Marez were absent. 21.b. RESOLUTION NO. 027800 Resolution authorizing the Corpus Christi Business and Job Development Corporation ("Corporation") to execute an affordable housing project agreement with Nueces County Community Action Agency, in the amount of $25,000 for affordable housing programs marketing campaign, and authorizing the City Manager or his designee to execute an affordable housing project service agreement with the Corporation regarding implementation and administration of the affordable housing project agreement between the Corporation and Nueces County Community Action Agency. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, McCutchon, and Martinez, voting "Aye"; Leal abstained; Kelly and Marez were absent. 21.c. RESOLUTION NO. 027801 Resolution authorizing the Corpus Christi Business and Job Development Corporation ("Corporation") to execute an affordable housing project agreement with Nueces County Community Action Agency, in the amount of $200,000 for home buyer assistance, and authorizing the City Manager or his designee to execute an affordable housing project service agreement with the Corporation regarding implementation and administration of the affordable housing project agreement between the Corporation and Nueces County Community Action Agency. Minutes — Regular Council Meeting August 12, 2008 — Page 10 The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, McCutchon, and Martinez, voting "Aye"; Leal abstained; Kelly and Marez were absent. 21.d. RESOLUTION NO. 027802 Resolution authorizing the Corpus Christi Business and Job Development Corporation ("Corporation") to execute an affordable housing project agreement with the City of Corpus Christi, in the amount of $32,500 for reimbursement of support services provided to 4A affordable housing programs, and authorizing the City Manager or his designee to execute an affordable housing project service agreement with the Corporation regarding implementation and administration of the affordable housing project agreement between the Corporation and the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, McCutchon, and Martinez, voting "Aye"; Leal abstained; Kelly and Marez were absent. 21.e. RESOLUTION NO. 027803 Resolution authorizing the Corpus Christi Business and Job Development Corporation ("Corporation") to execute an affordable housing project agreement with Vanguard Hall Consulting Firm, Inc., in the amount of $180,000 for home buyers assistance, and authorizing the City Manager or his designee to execute an affordable housing project service agreement with the Corporation regarding implementation and administration of the affordable housing project agreement between Corporation and Vanguard Hall Consulting Firm, Inc. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, McCutchon, and Martinez, voting "Aye"; Leal abstained; Kelly and Marez were absent. 21.f. RESOLUTION NO. 027804 Resolution authorizing the Corpus Christi Business and Job Development Corporation ("Corporation") to execute an affordable housing project agreement with Habitat for Humanity — Corpus Christi, Inc., in the amount of $160,000 for new home construction, and authorizing the City Manager or his designee to execute an affordable housing project service agreement with the Corporation regarding implementation and administration of the affordable housing project agreement between Corporation and Habitat for Humanity — Corpus Christi, Inc. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, McCutchon, and Martinez, voting "Aye"; Leal abstained; Kelly and Marez were absent. 21.g. RESOLUTION NO. 027805 Resolution authorizing the Corpus Christi Business and Job Development Corporation ("Corporation") to execute an affordable housing project agreement with Coastal Bend Center for Independent Living, in the amount of $80,000 for Home of Your Own Program, and authorizing the City Manager or his designee to execute an affordable housing project Minutes — Regular Council Meeting August 12, 2008 — Page 11 service agreement with the Corporation regarding implementation and administration of the affordable housing project agreement between Corporation and Coastal Bend Center for Independent Living. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, McCutchon, and Martinez, voting "Aye'; Leal abstained; Kelly and Marez were absent. 21.h. RESOLUTION NO. 027806 Resolution authorizing the Corpus Christi Business and Job Development Corporation ("Corporation") to execute an affordable housing project agreement with Catholic Charities of Corpus Christi, Inc., in the amount of $56,000 for homebuyer education and counseling program, and authorizing the City Manager or his designee to execute an affordable housing project service agreement with the Corporation regarding implementation and administration of the affordable housing project agreement between Corporation and Catholic Charities of Corpus Christi, Inc. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, McCutchon, and Martinez, voting "Aye"; Leal abstained; Kelly and Marez were absent. 21.i. RESOLUTION NO. 027807 Resolution authorizing the Corpus Christi Business and Job Development Corporation ("Corporation") to execute an affordable housing project agreement with Corpus Christi Community Development Corporation in the amount of $225,000 for a new home construction project, and authorizing the City Manager or his designee to execute an affordable housing project service agreement with the Corporation regarding implementation and administration of the affordable housing project agreement between Corporation and Corpus Christi Community Development Corporation. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, McCutchon, and Martinez, voting "Aye"; Leal abstained; Kelly and Marez were absent. Mayor Garrett announced that Item 22 has been pulled and rescheduled for a later date. Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi Industrial Development Corporation (CCIDC). Mayor Garrett reconvened the Regular Council Meeting. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Minutes — Regular Council Meeting August 12, 2008 — Page 12 Mayor Garrett called for petitions from the audience. Wayne Hayes, 1919 Leopard, spoke regarding police, judicial, and legal misconduct in Nueces and Kleberg County. Pat Suter, 1002 Chamberlin, thanked the Parks Department and other volunteers for their work at Suter Refuge Park. Ms. Suter asked that the City prepare Polliwog Pond, Blucher Nature Park, and Suter Park for the upcoming American Birding Association meeting. Mayor Garrett recognized Boy Scout Troop 323 from Parkdale Baptist Church. Benito P. Barrera, 4221 Beard, spoke regarding the appeal of health insurance for Council Members and his support of a statute of Joe O'Brien. Leigh Marsh and Windsor Park students Sophie Susser, Matthew Brem, Katie Marsh, Douglas Hegamister, and Sarah Marsh presented a plan for the Memorial Coliseum including a series of pools and a recreation center. James Justice asked Council Member McCutchon for assistance with his upcoming appeal at Del Mar College on September 8th. Joe Farrar, 3242 Azores, spoke in opposition of a beach closure. Rita Olivarez, Federico Olivarez, Lorenzo Rojas, and Joe Moreno with War Cat Youth Football League, asked the Council and the Park and Recreation Department for assistance with the lease for the Northwest Football Field. Jay Ohler, 4521 Dandridge, spoke regarding language in the Unified Development Code addressing wind turbines. Tracy Long, 425 Schatzell, spoke regarding alternative energy and the language in the Unified Development Code. J.E. O'Brien, 4130 Pompano, spoke regarding the issuance of $22 million in tax notes and the effective tax rate calculation. Jerry Garcia, 3801 Gollihar, spoke regarding the Westside Little League Baseball fields and leases with the City. Colin Sykes, 309 Aberdeen Avenue, spoke regarding downtown development and funding for the Ritz Theatre. Carolyn Moon, 4902 Calvin, spoke regarding the regulations for political signs. Mary Ann Kelly, 4302 Schanen, spoke regarding violations of the City Charter; statute of Christ in the Bay; and a statute of Joe O'Brien. Crawford Helms, Superintendent of West Oso Independent School District, thanked the Council for their efforts to work toward a solution for widening Flato Road. Michael Rios, 4109 Raya Creek Drive, spoke regarding fuel and energy savings and Ethos products. Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 26. Executive session under Texas Government Code Section 551.074 for deliberations regarding the appointment, employment, evaluation, reassignment and duties of an Interim City Manager, with possible discussion and action related thereto in open session. 27. Executive session under Texas Government Code Section 551.071 regarding Title VI Complaint of Hillcrest Residents Association against the City of Corpus Christi, filed with Environmental Protection Agency and Housing of Urban Development, with possible discussion and action related thereto in open session. 28. Executive session under Texas Government Code Section 551.071 regarding contemplated litigation by Richard Serna regarding real estate described as Lot 15, Block 2, Countiss Addition, Corpus Christi, 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 motions were passed with the following vote: Minutes — Regular Council Meeting August 12, 2008 — Page 13 26. MOTION NO. 2008-212 Motion appointing Angel Escobar as Acting City Manager effective September 1, 2008, requesting that he meet with City Manager George Noe to begin the transition process and authorizing Mayor Henry Garrett to negotiate an interim salary. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. 27. MOTION NO. 2008-213 Motion authorizing the City Manager to settle Title VI complaints of the Hillcrest Residents Association, in accordance with the terms of the settlement agreement. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. 28. MOTION NO. 2008-214 Motion authorizing the City Manager to pay the sum of $74,450.00 to settle the claim of Richard Serna and purchase real estate described as Lot 15, Block 2, Countiss Addition, Corpus Christi, Nueces County, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. 29. MOTION NO. 2008-215 Motion authorizing the City Manager to settle Cause No. 04-4001-13; Tufts Cove Investment Corporation, N.V. vs. City of Corpus Christi, in the 117t District Court of Nueces County, in accordance with the terms of the proposed settlement agreement. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. Council Member McCutchon requested that the settlement agreement with Tufts Cove Investment Corporation be made part of the City's records. City Attorney Fischer said a copy of the settlement agreement would be filed in the City Secretary's Office. Mayor Garrett recessed the Regular Council Meeting and announced that the Council would reconvene at 4:30 p.m. ************* Mayor Garrett opened discussion on Item 23 regarding a City -initiated 4 -year Scholarship fund. Director of Human Relations Leon Bazar referred to a powerpoint presentation including the reason for establishing the program; partnerships; location of the program; local statistics; benefits; and ways to promote the concept. Mr. Bazar explained that this resolution directs the City Manager Minutes — Regular Council Meeting August 12, 2008 — Page 14 to establish a committee to explore this issue. Rene Saenz and Errol Summerlin with the Human Relations Commission were available to respond to questions. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. RESOLUTION NO. 027808 Resolution approving a recommendation from the Human Relations Commission that the City of Corpus Christi explore the development of a Four (4) Year Scholarship Program and authorizing the City Manager or his designee to establish an ad hoc committee of a broad spectrum of stakeholders to support this process. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Hummell, Kelly, and Marez were absent. Mayor Garrett announced that the Council would recess until 5:00 p.m. Mayor Garrett opened discussion on Item 24 regarding discussion and consideration of Bond 2008 projects. City Manager Noe referred to a powerpoint presentation including a background of the projects; public meetings; policy issues raised by input; policy recommendation; revised project list; and the objective of today's meeting. Mayor Garrett called for comments from the audience. Peggy Banales, 3134 Seven Trees, asked the Council to consider sidewalk improvements on Leopard Street from Rand Morgan to Violet; street improvements on Up River Road in front of the Valero offices and the City section from McKenzie to Hwy 44; and Northwest Library parking. Betty Jean Longoria, 4205 Aaron Cove, asked the Council to consider the expansion of the Greenwood Library. Jerry Garcia, Southside Youth Sports Complex., spoke regarding the percentage of work for the Westside area. Colleen McIntyre, 13714 Three Fathoms Bank, expressed concern regarding the 5% inflation factor for construction prices and thanked staff for their work on the project. Rene Saenz, 6022 Sweet Gum, addressed some of the issues in the Crestmont area. Mr. Saenz said he could not support the Greenwood Softball Complex or the Bayfront improvements. Susie Luna Saldana, 4710 Hakel, asked the Council to consider funding the needs of the community. Marylou L. Huffman, 402 Old Robstown Road, provided pictures on the condition of Old Robstown Road and asked the Council to consider sidewalk restoration for that street. Nieves Montalvo, 3137 Chinaberry. Lane, asked the Council to consider repairing the alley ways in the Crestmont area. Mr. Montalvo provided pictures for the Council to review. Susan Darvin, 2922 Persimmons, spoke regarding the potholes in the Crestmont area. Ms. Darvin asked the Council to consider paving the potholes on Persimmons instead of repairing. Stephanie Guerrero, 6022 Sweet Gum, spoke regarding the narrow streets, alley roads, and sidewalk concerns in the Crestmont area. Michael Womack, representing the Executive Board at the Botanical Gardens, spoke in support of the Oso Greenbelt project but express concerns that some of the wording on the description sounds like a duplication of what the Botanical Gardens is currently doing. Susan Torrance, Al Kruse Tennis Center, asked the Council to consider including improvements to the Al Kruse Tennis Center and provided an estimated cost for repairs. Jesse Molina, 4314 Leonard Drive, spoke in support for improvements to the sidewalks on Leopard from Rand Morgan to Violet and expanding the parking lot at the Northwest Library. Mr. Molina requested Minutes — Regular Council Meeting August 12, 2008 — Page 15 that the Council consider improving the older parts of the City in the bond proposal including Main Drive, Clarkwood, San Juan and McNorton. Kathryn Irigoyen, 2925 Persimmons, asked the Council to consider making the Crestmont area a priority and finish repaving the streets. The following topics pertaining to this item were discussed: Wooldridge Road extension from Rodd Field to Quebec and the overlay from Quebec to Oso Parkway; the square footage adjustments and costs for the Broadmoor Senior Center Expansion; deleting funding for the Selena Auditorium; the H.E.B. and Al Kruse Tennis Centers; the cost for resurfacing an existing tennis court and the type of surface; the Crestmont Subdivision; completion of phase work; completion of the Bond 2004 Issue; reduction of funding for the Police elevator replacement; the overlay project for Ocean Drive; the work associated with the City/County Health Department Facility and the Vehicle Impound Facility Phase 1; the land acquisition for the Northwest Library; the inflation factor used for the Bond projects; prioritization of the projects; sidewalks on Leopard Street; whether Phase 3 of the Bayfront Plan was included in the bond package because of the possible redevelopment of the Memorial Coliseum; the anticipated timeframe for the Bayfront Phase 3 improvements; whether the seawall will be effected if the road work is not done on the Bayfront plan. Mr. Marez made a motion to remove the portion allocated to the Bayfront Development Plan Phase 3 in the amount of $13,000,000 and to fund in its place various neighborhood and street projects and the tennis centers. The motion was seconded by Ms. Leal. A brief discussion ensued regarding the Bayfront Master Plan project. The foregoing motion failed with the following vote: Elizondo, Leal, and Marez, voting "Aye'; Garrett, Cooper, Hummel!, McCutchon, and Martinez, voting "No"; Kelly was absent. City Manager Noe stated that staff will take the current proposal and re -craft the language to bring back to the Council on August 19th There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 7:29 p.m. on August 12, 2008.