HomeMy WebLinkAboutMinutes City Council - 10/14/2008I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Special
Meeting of the Corpus Christi City Council of October 14, 2008, which were approved by the City
Council on October 28, 2008.
WITNESSETH MY HAND AND SEAL, on this the 28th day of October, 2008.
Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Priscilla Leal
Council Members:
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Michael McCutchon
John Marez
Nelda Martinez
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 14, 2008 - 10:00 a.m.
City Staff:
Interim City Manager Angel R. Escobar
Assistant 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 Pastor Mark Montgomery with Grace United Methodist
Church and the Pledge of Allegiance to the United States flag was led by Council Member Larry
Elizondo.
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 meetings of
September 23, 2008 and September 30, 2008. A motion was made and passed to approve the
minutes as presented.
Mayor Garrett referred to Item 2 and the following board appointments were made:
Commission on Children and Youth
Chandace Tryon (Appointed)
Leadership Committee for Senior Services
Ruth C. Perez (Appointed)
Theresa M. Swirenko (Appointed)
Transportation Advisory Committee
Joe Ortiz (Appointed)
Ethics Commission
Dr. Nicholas Adame (Reappointed)
James Richard Cramer (Reappointed)
Rebecca Esparza (Appointed)
Regional Health Awareness Board
Patricia E. Mattocks (Appointed)
Weed and Seed Steering Committee
Wayne C. Meyr (Appointed)
Mayor Garrett called for consideration of the consent agenda (Items 3 -14). Mr. Abel Alonzo
requested that Item 9 be pulled for individual consideration. Council members requested that Items
3, 5, 7, 8, and 13 be pulled for individual consideration. Council Member Leal announced that she
would abstain from the discussion and vote on Item 10. City Secretary Chapa polled the Council for
their votes as follows:
Minutes — Regular Council Meeting
October 14, 2008 — Page 2
4. MOTION NO. 2008-259
Motion approving a supply agreement with Vulcan Construction Materials, LP, San Antonio,
Texas, for approximately 3,250 tons of cold mix -cold laid asphalt and approximately 7,150
tons of pre -coated aggregate, in accordance with Bid Invitation No. BI -0174-08 based on
only bid for an estimated semi-annual expenditure of $454,851. The term of the contract will
be for six months with an option to extend for up to five additional six month periods subject
to the approval of the supplier and the City Manager or his designee. Funds have been
budgeted by Street and the Utility Departments in FY 2008-2009.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
6. MOTION NO. 2008-261
Motion approving the purchase of one (1) vactor truck from Grande Truck Center, San
Antonio Texas in the amount of $279,515. The award is based on the cooperative
purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC).
The vactor truck will be used by the Wastewater Department. This unit is a replacement to
the fleet. Funding is available from the FY 2008-2009 Capital Outlay Budget in the
Maintenance Services Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
10. RESOLUTION NO. 027887
Resolution authorizing the City Manager, or his designee, to execute the third amendment to
the contract between the Corpus Christi Business and Job Development Corporation and
Nueces County Community Action Agency (NCCAA) for a Pilot Infill Housing project to utilize
remaining land acquisition funds for development costs and green building/energy efficient
construction techniques for the remaining eight homes to be constructed.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal abstained.
11. ORDINANCE NO. 027888
Ordinance authorizing the City Manager or his designee to execute a one-year extension
agreement of the Airline Use and Lease Agreements with American Eagle Airlines, Inc.,
Continental Airlines, and Southwest Airlines Co., for use of space at Corpus Christi
International Airport and ratifying such extension agreements to be effective August 1, 2008.
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".
12. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 53, Traffic, Schedule V, Section 53-254,
(Increase of State Speed Limit in Certain Zones) by establishing a revised speed limit of 70
MPH on U.S. Highway 77 (increasing the speed limit from 55 MPH to 70 MPH) from
Minutes — Regular Council Meeting
October 14, 2008 — Page 3
Interstate Highway 37 to the City limits south; providing for penalties; 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".
14. ORDINANCE NO. 027889
Authorizing the City Manager, or his designee, to execute a twenty-year lease agreement
with Miracle League of Corpus Christi, Inc. for the use of approximately 1.25 acres on the
State School Park site, in consideration of Miracle Field construction, use, and maintenance;
and providing for publication. (First Reading — 9/09/08)
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 opened discussion on Item 3 regarding drug testing services for City
employees. Mayor Garrett asked questions regarding instances when an alcohol breath test is
required and the process for sending an employee for testing. Director of Human Resources Cynthia
Garcia stated that alcohol breath tests are administered randomly and for reasonable suspicion.
Ms. Garcia added that employees suspected of being under the influence during regular business
hours are taken to the facility by the City during and after-hours, a representative will meet the
employee at the facility. In response to Council Member Marez, Ms. Garcia said that Concentra was
made aware of the provision to have two locations but Concentra informed the City that they could
not maintain two facilities. Council Member Hummell asked if breath or blood test were
administered for alcohol. Ms. Garcia answered that breath tests are required for all employees
except police. Mr. Hummell asked for information on the type of method used for breath testing;
whether the tests are certified; and who administered the testing. Ms. Garcia stated that an
intoxilyzer is used to conduct the testing which is certified and calibrated. Ms. Garcia said the test is
administrated by a certified employee and meets the requirements of the Texas Department of
Transportation. In response to Council Member Elizondo, Ms. Garcia said the average time for
testing takes between 30 minutes to an hour. City Secretary Chapa polled the Council for their votes
as follows:
3. MOTION NO. 2008-258
Motion approving a service agreement with The Doctors' Center of Corpus Christi, TX for
drug testing services, in accordance with Request for Proposal No. BI -0071-08, for an
estimated three-year expenditure of $326,310 of which $81,577.50 is required and budgeted
for the remainder of FY 2008-2009. The term of the service agreement will be for three
years 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 his designee. This service will be used by
all City departments. Funds are budgeted in the Liability & Employee Benefits Fund.
The foregoing motion 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 5 regarding the lease purchase of two (2) rear
steer brush loaders for the Solid Waste Department. Mayor Garrett asked questions regarding
whether the trucks were additions or replacements to the fleet; the number of brush loaders the
Solid Waste department has; and the number of brush loaders needed. Assistant Director of Solid
Minutes — Regular Council Meeting
October 14, 2008 — Page 4
Waste Services Lawrence Mikolajczyk reported that the two brush loaders were replacing the two
oldest brush loaders. Mr. Mikolajczyk added that the department has eight (8) loaders and requires
at least 5 loaders a day to keep up with the routes. Council Member McCutchon requested a report
on the age and expected lifespan of the fleet. City Secretary Chapa polled the Council for their votes
as follows:
5. MOTION NO. 2008-260
Motion approving the lease purchase of two (2) Rear Steer Brush Loaders from Santex
Truck Center, San Antonio, Texas in the amount of $265,216. The award is based on the
cooperative purchasing agreement with the Houston -Galveston Area Council of
Governments (H -GAC). These units are replacements to the fleet and will be used by the
Solid Waste Department. Financing for the rear steer brush loaders will be provided through
the City's lease purchase financing program.
The foregoing motion 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 Items 7 and 8 regarding supply agreements for vehicle
and equipment tires and a service agreement for uniformed guard security services at various city
facilities. Council Member Leal thanked the businesses referenced in Items 7 and 8 for allowing the
Council the opportunity to consider local businesses. City Secretary Chapa polled the Council for
their votes as follows:
7. MOTION NO. 2008-262
Motion approving supply agreements with the following companies for the following
amounts, for vehicle and equipment tires in accordance with Bid Invitation No. BI -0204-08,
for an estimated annual expenditure of $471,676.44. Awards are based on low bid and only
bid, on a multiple progressive basis. The term of the contracts will be for twelve months with
an option to extend for up to two additional twelve-month periods subject to the approval of
the suppliers and the City Manager or his designee. Funds have been budgeted by the
Maintenance Services and Aviation Departments in FY 2008-2009.
Wingfoot Commercial Tire Systems, LLC
Corpus Christi, TX
Items: 1.2, 1.3, 1.5, 1.6, 1.8-1.12, 1.15-1.17,1.19,
2.2-2.4, 2.6-2.8, 2.10-2.12, 2.14, 3.3, 4.2, 4.3
Total: $398,848.44
Grand Total $471,676.44
Strouhal Tire
Corpus Christi, TX
Items: 1.13, 2.5, 2.13
Total: $72,828.00
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
8. MOTION NO. 2008-263
Motion approving a service agreement with U.S. Security Associates, Corpus Christi, Texas,
for Uniformed Guard Security Services for City Hall, Frost Bank Building, Central Library,
Greenwood Library, Janet F. Harte Library and the O.N. Stevens Water Treatment Plant in
accordance with Bid Invitation No. BI -0122-08 based on low bid meeting specifications for
an estimated annual expenditure of $369,037.50, of which $290,962.50 is budgeted in FY
Minutes — Regular Council Meeting
October 14, 2008 — Page 5
2008-2009. The term of the contract is for twelve months with options to extend for up to two
additional twelve-month periods, subject to the approval of the contractor and the City
Manager, or his designee. Funds have been budgeted by the using departments in FY 2008-
2009.
The foregoing motion 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 9 regarding Continuum of Care Homeless
Assistance. Abel Alonzo, 1701 Thames, thanked the Fire Department for their services and
Community Development Administrator Daniel Gallegos for his work with the homeless issue. Mr.
Alonzo spoke in support of the homeless and stated that he hoped that the funding would be spent
in the most effective, sufficient manner. Council Member Marez asked whether the City made
appointment to the Homeless Issue Partnership. Mr. Gallegos stated that the City does not appoint
to the committee. City Secretary Chapa polled the Council for their votes as follows:
9. RESOLUTION NO. 027886
Resolution authorizing the City Manager or his designee to submit a "HOME 2009" grant
application to the U.S. Department of Housing and Urban Development in the amount of
$1,228,303 for Continuum of Care Homeless Assistance and to execute all related
documents.
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 13 regarding traffic patterns on Riverwood Road.
Council Member Kelly asked whether the action on Item 13.b. changed the intersection of
Riverwood Road to a three way stop. Interim City Manager Escobar said the intersection currently
has one stop sign and the proposed action would include two additional stop signs. Mr. Kelly
expressed concern regarding additional traffic and asked that staff monitor that situation. In
response to Mr. Kelly, Mr. Escobar said that drivers will receive warning that a stop sign is being
erected. Council Member Kelly also asked staff to consider the construction on Riverwood resulting
from the new sewer line as the City is implementing the two-way traffic pattern on Riverwood Road.
City Secretary Chapa polled the Council for their votes as follows:
13.a. FIRST READING ORDINANCE
Amending the Code of Ordinance, Chapter 53 -Traffic, Section 53-250- Schedule I, One -Way
Streets and Alleys, Section (a), by removing current one-way traffic pattern on Riverwood
Road to two way traffic in the northbound and southbound direction of travel from F.M. 624
(Northwest Boulevard) to River Hill Drive, at all times; providing for penalties; providing for
severance; and providing for publications.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper was absent.
13.b. MOTION NO. 2008-264
Motion authorizing the City Manager or his designee to erect a "STOP" sign on River Hill
Drive at the intersection of Riverwood Road in the northbound and southbound direction.
Minutes — Regular Council Meeting
October 14, 2008 — Page 6
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
*„****** ** * * *
Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0908-01 Titan Support Systems, Inc.: A change in zoning from a "B-3" Business
District to an "1-2" Light Industrial District resulting in a change of land use from commercial
to light industrial consisting of light manufacturing on property described as Flour Bluff Park,
Block 16, Lots 20 through 25 and 45 through 47, located at 9830 South Padre Island Drive,
between McIver Street and Greenbay Drive.
City Secretary Chapa stated that the Planning Commission recommended denial of the "1-2"
Light Industrial District and, in lieu thereof, approval of a Special Permit for"light manufacturing use
for cutting and sewing of fabrics and elastics" without outdoor storage on the subject property and
subject to four (4) conditions. City Secretary Chapa stated that the staff recommended denial of the
"1-2" Light Industrial District and, in lieu thereof, approval of a Special Permit for"light manufacturing
use for cutting and sewing of fabrics and elastics" without outdoor storage on the subject property
and subject to six (6) conditions.
Pete Alaniz, President of Titan Support System, provided a background of the athletic
company and said the company is light manufacturing. Mr. Alaniz said the business would not
generate toxic pollution, waste, or noise pollution. Mr. Alaniz added that his company is growing and
generates 83% percent of its revenue outside the United States. Mr. Alaniz stated that the company
would be beneficial to the community. Mayor Garrett asked whether Mr. Alaniz supported staffs
recommendation. Mr. Alaniz said he supported the planning commission's recommendation
because the staff recommended restricted hours of operation.
The following topics pertaining to this item were discussed: whether the applicant had
problems with the landscaping buffers recommended by staff; whether Padre Island Supply was
closing; the action the City could take if the hours of operation and noise became a problem;
whether the company could work past 6:00 p.m. for special circumstances if the Council voted to
approve the special permit for hours of operation; and times for truck deliveries.
Dr. McCutchon made a motion to substitute the ordinance recommended by staff and to
amend the ordinance by changing the hours of operation to 7:30 a.m. to 10:00 p.m. The motion was
seconded by Mr. Kelly. The foregoing motion was passed and approved with the following vote:
Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Abel Alonzo, 1701 Thames, thanked the Council for working with company.
Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and
passed. Mr. Chapa polled the Council for their votes as follows:
15. ORDINANCE NO. 027890
Amending the Zoning Ordinance, upon application by Titan Support Systems, Inc., by
changing the Zoning Map in reference to Flour Bluff Park, Block 16, Lots 20 through 25 and
45 through 47, from "B-3" Business District to "B-3/SP" Business District with a Special
Permit to allow light manufacturing use for cutting and sewing of fabrics and elastics without
Minutes — Regular Council Meeting
October 14, 2008 — Page 7
outdoor storage, subject to six (6) conditions; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan; providing a repealer clause;
providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal,
McCutchon, Marez, and Martinez, voting "Aye".
*************
Mayor Garrett announced that Item 16 was postponed at the request of the applicant.
16. POSTPONED
Authorizing the City Manager or his designee to execute an Industrial District Agreement
the City Council.
Mayor Garrett opened discussion on Item 17 regarding support for the establishment of a
Bachelor of Science in Mechanical Engineering degree program at Texas A & M University— Corpus
Christi (TAMU-CC). Director of Intergovernmental Relations Rudy Garza stated that approval of this
item would show local support for the creation of a mechanical engineering degree program for
TAMU-CC. Mr. Garza explained that TAMU-CC has been pursing this issue for several years and
failed in their efforts during last year's legislation. Mr. Garza explained that the Texas A & M
University System has given approval to the local university to pursue this issue and the Texas
Higher Education Coordinating Board's Subcommittee has given approval to TAMU-CC to offer the
mechanical engineering degree. Mr. Garza added that the issue will be presented to the full board of
the Texas Higher Education Coordinating Board on October 23rd
Council Member McCutchon said that he was told by some members of the Texas Higher
Education Board and legislatures that one of the key reasons that funding didn't come through for
the engineering program at TAMU-CC was due to the City's inability to transfer the golf course
property to TAMU-CC. Dr. McCutchon stated that the gifting of land next to the sewer plant and the
ball fields along Ennis Joslin has allowed for the funding of an engineering program at TAMU-CC
and that the local efforts of the City enabled this funding.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
17. RESOLUTION NO. 027891
Resolution expressing the City of Corpus Christi's support for the establishment of a
Bachelor of Science in Mechanical Engineering Degree Program at Texas A & M University -
Corpus Christi.
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 18 regarding the 2008 Tax Levy. Interim Director
of Financial Services Constance P. Sanchez provided a brief overview of the tax levy for 2008 and
the components; the recording of the tax levy revenue to the General Fund, Debt Service Fund and
the North Padre Island Special Revenue fund; the collection rate of 96.8%; the TIF budget values;
Minutes — Regular Council Meeting
October 14, 2008 — Page 8
the estimation of the over -65 tax freeze; and the $800,000 of additional revenue.
Council Member Leal asked questions regarding the three funds the revenues are recorded
and the amount of the over-65/disabled homestead freeze from 2007. Ms. Sanchez stated that the
revenues are recorded in the General Fund, the Debt Service Fund, and the Packery Channel
Special Revenue Fund and that the over-65/disabled homestead freeze from 2007 was $1,210,235.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
18. MOTION NO. 2008-265
Motion approving the 2008 Tax Levy of $77,239,474.26 based on the adopted tax rate of
$0.563846 per $100 valuation, in accordance with Section 26.09(e) of the Texas Property
Tax Code.
The foregoing motion 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 19 regarding an appropriation of $800,000 from
estimated ad valorem tax revenues. Interim Director of Financial Services Constance P. Sanchez
explained that the certified tax levy was slightly higher than what was included in the FY2008-2009
budget thus producing the amount necessary to give a 2.5% pay raise adjustment for civilian
employees effective November 24, 2008. Ms. Sanchez added that this appropriation of $800,000 is
in reference to the general fund only and funding for employees in the other funds will be achieved
through salary savings or vacancies in their current operating budget.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
19. ORDINANCE NO. 027892
Ordinance appropriating $800,000 from estimated ad valorem tax revenues in Fund No.
1020 General Fund for pay range adjustments for pay plans 100, 400, 500(B), 600, 900 and
1000 in the Fiscal Year 2008-2009; changing the FY 2008-2009 Operating Budget adopted
by Ordinance No. 027776 by increasing revenues and appropriations by $800,000 each.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye".
Mayor Garrett opened discussion on Item 20 regarding the issuance of Combination Tax and
Solid Waste Revenue Certificates of Obligation, Series 2008. Interim Director of Financial Services
Constance P. Sanchez explained that this item has been placed on four (4) prior agenda but due to
various reasons the item was pulled each week. Ms. Sanchez stated that the ordinance is structured
as a parameter sale whereas the City Council will give the City Manager the authority to issue the
bonds within certain criteria and parameters which will allow the City to price the bonds on any given
day due to the market. Ms, Sanchez listed the parameters outlined in the ordinance as follows: the
maximum interested rate that the City can sell the bonds for is 8%; the certificates must be rated by
one of the four (4) highest categories; and limit the underwriters' discount. Ms. Sanchez added that
the authority is scheduled to expire in January 2009. Ms. Sanchez introduced Mark Seal with M.E.
Allison and Company and Jeff Lueschal with McCall, Parkhurst & Horton, L.L. P. who were available
to respond to questions.
Minutes — Regular Council Meeting
October 14, 2008 — Page 9
Abel Alonzo, 1701 Thames, stated that issuing certificates of obligations saves taxpayers
money.
The following topics pertaining to this item were discussed: the recent bond rating; how the
federal rate will affect municipal bonds; the interest rate in August for Texas municipal loans;
whether the expiration date for the authority will allow the City to find better pricing on the municipal
bonds; the reason for authorizing up to 8%; the maximum amount to advise the City Manager to sign
the bonds; changing the maximum amount to 6%; selection of the financial advisor and bond
counsel; the cost of the bond counsel fees for the issuance and re -issuance of the Packery Channel
bonds; changing the structure for payment of bond counsel fees; the security of the City
investments; a policy for the bond process; and whether the City does financial business with the
City Employees Credit Union.
Dr. McCutchon made a motion to lower the interest rate from 8% to 6%. The motion was
seconded by Mr. Kelly. The foregoing motion was passed and approved with the following vote:
Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Dr. McCutchon requested that staff provide other alternatives for hiring bond counsel prior to
issuing other bonds.
City Secretary Chapa polled the Council for their votes as follows:
20. ORDINANCE NO. 027893
Ordinance by the City Council of the City of Corpus Christi, Texas, providing for the issuance
of City of Corpus Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of
Obligation, Series 2008, in an aggregate principal amount not to exceed $12,000,000;
establishing parameters regarding the sale of the Certificates of Obligation; approving the
execution of a Purchase Contract; and all other matters related thereto; and providing that
this ordinance shall be in force and effect from and after the date of its passage.
An emergency was declared, and the foregoing ordinance 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 City's Commercial Paper
Program. Interim Director of Financial Services Constance P. Sanchez explained that this item is the
appropriation of unappropriated interest earnings from the three commercial paper funds for water,
wastewater, and storm water. Ms. Sanchez stated that the interest earnings have accumulated and
must be appropriated to fund the current Commercial Paper Program and to pay for existing
projects.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
21. ORDINANCE NO. 027894
Ordinance appropriating $2,054,268.50 of unappropriated interest earnings from the
following funds: $605,285.39 from No. 4525 Storm Water Commercial Paper Program
Capital Improvement Program (CIP) Fund; $971,369.42 from No. 4475 Water Commercial
Paper Program CIP Fund; and $477,613.69 from No. 4500 Waste Water Commercial Paper
Minutes — Regular Council Meeting
October 14, 2008 — Page 10
Program CIP Fund; transferring and appropriating $605,285.39 into the No. 3480 Storm
Water CIP Fund; transferring and appropriating $971,369.42 into the No. 4080 Water CIP
Fund; and transferring and appropriating $477,613.69 into the No. 3430 Waste Water CIP
Fund; for projects relating to improvements to the City's Utility System as allowed by the
utility system revenue bond covenants; changing the FY 2007-2008 Capital Budget adopted
by Ordinance No. 027546 by increasing appropriations by $2,054,268.50.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Marez,
voting "Aye"; Martinez was absent.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
Mayor Garrett called for petitions from the audience. Tom Smith, Public Citizen
Environmental Consumer Group, expressed concern regarding emissions from the proposed Las
Brisas Plant. Andres Araiza, Juan Araiza IV, Juan Araiza III, 5921 Shadow Wood; and Isabel Araiza,
326 Poenisch, addressed the Council regarding the safety issues when crossing South Port Avenue
that lead to the loss of their grandfather Francisco "Panchito" Fregoso. The family members said
their grandfather raised this issue at neighborhood meetings. They urged the council to take action
by adding a crosswalk or speed bumps and to take responsibility for the community. Roland Garza
expressed his condolences to the Fregoso family and spoke regarding the financial and
infrastructure comparisons between the westside and southside areas of the City.
Foster Edwards, President/CEO of the Corpus Christi Chamber of Commerce, said the
Chamber is excited about its new beginning and is looking forward to working with the City to move
the City forward in a positive manner. Mr. Edwards added that the Chamber has formed a political
action committee to help get the bonds passed. Mr. Edwards also spoke regarding the development
of the Small Business Council. Dr. Gloria Scott, 4422 S. Alameda, thanked the Council for
supporting the Corpus Christi Black Chamber of Commerce and requested an update on the
inclusion of African American history as part of the C.C. Museum of Science and History project.
Council Member Kelly asked staff to follow up with Dr. Scott on this issue. Council Member Leal
requested an update on the Columbus ships. Bill Kopecky, 3609 Topeka, spoke regarding the new
Attorney General opinion on City Manager and Council Member reports and the level of discussion
during public comment. Mr. Kopecky suggest placing an item on the agenda regarding the Attorney
General's opinion. Kerry Eyring, Corpus Christi Firefighters Association, said that the Association
met with the City on September 4th and presented a lower and fair contract proposal. Mr. Eyring
added that the Association has not heard from the City's negotiator for six weeks and asked the
Council to consider their last proposal. Carlos Torres, President of the Corpus Christi Firefighters
Association, spoke regarding the length of time it is taking to resolve the firefighters' contracts.
*************
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
22. Executive session under Texas Government Code Section 551.071 to consult with its
attorney about legal issues relating to the proposed long-term power supply contract with
Cities Aggregation Power Project, Inc., with possible discussion and action related thereto in
open session.
Minutes — Regular Council Meeting
October 14, 2008 — Page 11
23. Executive Session under Texas Government Code Section 551.071 regarding fire collective
bargaining negotiations, with possible discussion and action related thereto in open session.
24. Executive session under Texas Government Code Section 551.071 to conduct a private
consultation with its attorney regarding Nueces County Water Control and Improvement
District No. 4 v. The City of Corpus Christi, before the Texas Commission on Environmental
Quality, Original Petition Appealing a Wholesale Water Rate and Request for Interim Rates,
with possible discussion and action 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:
24. MOTION NO. 2008-266
Motion authorizing the City Manager or designee to execute a professional legal services
agreement with the Law Office of Mark H. Zeppa, P.C., to represent the City of Corpus
Christi in Nueces County Water Control and Improvement District No. 4 v. The City of
Corpus Christi, before the Texas Commission on Environmental Quality, Original Petition
Appealing a Wholesale Water Rate and Request for Interim Rates, at an hourly rate of$200,
subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 2:42 p.m. on October 14, 2008.
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