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HomeMy WebLinkAboutMinutes City Council - 10/21/2008I 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 October 21, 2008, which were approved by the City Council on November 11, 2008. WITNESSETH MY HAND AND SEAL, on this the 1 l th day of November, 2008. Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Priscilla Leal Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Michael McCutchon John Marez* Nelda Martinez *Arrived at 10:36 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 21, 2008 - 10:00 a.m. City Staff: Interim City Manager Angel R. Escobar 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 Father Andrew Thayer with St. Bartholomew's Episcopal Church and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal. 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 special Council meeting of October 7, 2008. A motion was made and passed to approve the minutes as corrected. ************ Mayor Garrett referred to Item 2 regarding the confirmation of officers for the C.C. Aquifer Storage and Recovery Conservation District. City Secretary Chapa announced that Texas Special District Local Laws require the City Council to confirm the election of officers annually for the C.C. Aquifer Storage and Recovery Conservation District. Mr. Chapa stated that the board is recommending the confirmation of the following officers: Oscar Martinez as President, Margie Rose as Vice -President, and Fred Segundo as Secretary. Mr. Elizondo made a motion to accept the recommendations. 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, and Martinez, voting "Aye"; Marez was absent. ************* Mayor Garrett called for consideration of the consent agenda (Items 3 - 20). There were no comments from the public. Council members requested that Items 12, 15, 16, and 17 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2008-267 Motion approving a supply agreement with Pencco, Inc., of San Felipe, Texas for approximately 178,150 gallons of ferrous sulfate in accordance with Bid Invitation No. BI - 0224 -08 based on only bid for an estimated six-month expenditure of $149,997. The term of the supply agreement will be for six months with an option to extend for up to five additional Minutes — Regular Council Meeting October 21, 2008 — Page 2 six-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewater Department in FY 2008-2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 4. MOTION NO. 2008-268 Motion authorizing the purchase of specialized equipment for a total amount of $403,716.87 utilizing funds from the 2007 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marezwasabsent. 5.a. MOTION NO. 2008-269 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $257,801.80 from the Texas Department of Transportation (TXDOT) forYears 2 and 3 of the Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime Driving While Intoxicated and Speed enforcement with a City match of $114,175.02 and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 5.b. ORDINANCE NO. 027895 Ordinance appropriating $257,801.80 from the Texas Department of Transportation (TXDOT) for funding for Years 2 and 3 of the 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, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 6.a. RESOLUTION NO. 027896 Resolution authorizing the City Manager or his designee to accept a grant of $748,018 from the Texas Department of State Health Services to provide for the Women, Infants, and Children program (WIC), based on an $11.55 reimbursement for each participant served, and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 6.b. ORDINANCE NO. 027897 Ordinance appropriating a grant of $748,018 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants, and Children program (WIC), based on an $11.55 reimbursement for each participant served. Minutes — Regular Council Meeting October 21, 2008 — Page 3 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 7. MOTION NO. 2008-270 Motion authorizing the City Manager or his designee to execute a two-year contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Program of the Health Department and for the payment of record fees due to the State. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye'; Marez was absent. 8. ORDINANCE NO. 027898 Ordinance appropriating $625,409 from the estimated program income revenue in the No. 1066 Health Grants Fund as State Fiscal Year 2008-2009 program income to fund laboratory and public health services for the period of September 1, 2008, through August 31, 2009. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye'; Marez was absent. 9.a. RESOLUTION NO. 027899 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the $150,000 grant from the U.S. Department of Justice (DOJ), Office of Justice Programs for support of the Corpus Christi Southeast Weed and Seed Community for FY 2008-2009. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 9.b. ORDINANCE NO. 027900 Ordinance appropriating $150,000 from the U.S. Department of Justice, Office of Justice Programs in the No. 1067 Federal/State Grant Fund for support of the Corpus Christi Southeast Weed and Seed Community for FY2008-2009.) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 10.a. RESOLUTION NO. 027901 Resolution authorizing the City Manager or his designee to accept a grant of $31,000 from the Coastal Bend Council of Governments and execute an Interlocal Agreement to provide recycling and anti -litter education. Minutes — Regular Council Meeting October 21, 2008 — Page 4 The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 10.b. ORDINANCE NO. 027902 Ordinance appropriating a grant of $31,000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to provide recycling and anti -litter education. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 11. MOTION NO. 2008-271 Motion authorizing the City Manager or his designee to execute a System Support Agreement with Mettler -Toledo, Inc., of Columbus, Ohio for a term of five years, commencing September 19, 2008 and ending September 18, 2013, and total cost of $86,187.60, with the option to extend for up to one additional five year term. The fee for the first year of the agreement is $16,561.67. The system support agreement covers hardware and software associated with the scale systems at the Cefe Valenzuela Landfill and software for the J.C. Elliott Landfill Transfer Station and Central Management Reporting System. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marezwas absent. 13. MOTION NO. 2008-273 Motion authorizing the City Manager or his designee to execute Amendment No. 16 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $259,744.80 for a restated not to exceed total fee of $2,888,813.80 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects for construction management and inspection. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marezwas absent. 14. MOTION NO. 2008-274 Motion authorizing the City Manager or his designee to execute Change Order No. 3 with Longhorn Excavators, Inc., of Richmond, Texas in the amount of $59,602 for the Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation for sump modifications. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marezwas absent. 19. ORDINANCE NO. 027904 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 Minutes — Regular Council Meeting October 21, 2008 — Page 5 (Northwest Boulevard) to River Hill Drive, at all times; providing for penalties; providing for severance; and providing for publications. (First Reading 10/14/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 20. ORDINANCE NO. 027905 Authorizing the City Manager or his designee to lease Real Property to the United States Coast Guard for $1.00 a year for a term of nineteen years, nine months (beginning on January 1, 2009 and ending on September 30, 2028) in connection with a navigation marker mounted on the east wall of the South Texas Institute for the Arts Building, an Aid To Navigation (Aton) structure known as the "Corpus Christi Channel Cut "B" West Range Front Light (Ac117817)"; providing for publication. (First Reading 09/23/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 12 regarding an application to drill State Tract 71 Well No. 1. Council Member McCutchon asked whether the action to granta permit for drilling is just a formality and whether the action of the Council would be reversed if the Council voted to not approve the drilling. Director of Gas Services Debbie Marroquin said the action is just a formality. Dr. McCutchon asked how many wells are going in to Corpus Christi Bay. Ms. Marroquin stated that there are currently 133 bay wells. Ms. Marroquin added that this year there have been four (4) permits and over the last years it has varied between one (1) and four (4). Dr. McCutchon asked who makes the determination for directional drilling. Ms. Marroquin responded that the operating company goes to the Oil and Gas Advisory Committee and that the committee makes that determination. Dr. McCutchon asked whether there were any provisions for wells that are abandoned. Ms. Marroquin stated that there are provisions under the jurisdiction of the Texas Railroad Commission. City Secretary Chapa polled the Council for their votes as follows: 12. MOTION NO. 2008-272 Motion authorizing the City Manager or his designee to grant a permit to Sabco Operating Company of Houston, Texas to drill an oil or gas well being State Tract 71, Well No. 1, approximately three miles east of the Corpus Christi Marina in Corpus Christi Bay. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 15 regarding the Packery Channel Boat Ramp Parking Lot and Access Road. Council Member McCutchon asked who asked for the delay of the project. Interim Director of Engineering Kevin Stowers stated that the City elected to make the delay administratively because the grant from the Texas Department of Parks and Wildlife was not consummated by the state. Mr. Stowers said because it is a reimbursement, the City can not expend the money until all of the grants commitments are in place. Dr. McCutchon asked whether there was a timeframe specified in the bid for purchase of materials. Mr. Stowers stated that the contract for materials was for 120 days and that the only reason for the increase in cost is because the contract has been extended beyond 120 days. Council Member Martinez asked when the price of asphalt and hot mix would start to go down. Mr. Stowers said he could not predict when the prices will go down but that staff anticipates seeing better prices on future projects. Council Member Hummell Minutes — Regular Council Meeting October 21, 2008 — Page 6 asked whether the contractors provided documents that reflected prices associated with demobilization and remobilization. Mr. Stowers said those documents were provided to the project manager and that he could provide those documents. Mr. Hummell requested a copy of those documents. In response to Mr. Hummell, Mr. Stowers said the request for the Change Order was requested in September. Interim City Manager Escobar said staff would provide the breakdown by the end of the meeting. Ms. Martinez made a motion to table Item 15 until the end of the meeting to allow staff to provide the documents. The motion was seconded by Mr. Hummell. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 15.a. TABLED Ordinance appropriating $96,102.07 from the Unreserved Fund Balance in thc Reinvestment Zone No. 2 Fund 1111 for contractor mobilization, demobilization and other construction suspension costs for thc Packery Channel Boat Ramp Parking Lot and Accecc Road as per Change Order No. 2 to thc construction contract with Garrett Construction of 15.b. TABLED. demobilization and other construction suspension costs. (Note: The information requested by Council was not provided by the end of the meeting.) Mayor Garrett opened discussion on Items 16 and 17 regarding the establishment of the Senior Companion Program Advisory Committee and the Retired and Senior Volunteer Program Advisory Committee. Council Member Cooper thanked the Senior Companion Program for their work and volunteering. City Secretary Chapa stated that he would call for the vote for Items 16 and 17 and Item 18 which was inadvertently not called for a vote. City Secretary Chapa polled the Council for their votes as follows: 16. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter2, to establish the Senior Companion Program Advisory Committee; and 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, and Martinez, voting "Aye"; Marez was absent. 17. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Retired and Senior Volunteer Program Advisory Committee; and providing for publication. Minutes — Regular Council Meeting October 21, 2008 — Page 7 The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 18. ORDINANCE NO. 027903 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 Interstate Highway 37 to the City limits south; providing for penalties; providing for publication. (First Reading 10/14/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0908-02, Martin Hameka: A change in zoning from a "FR" Farm -Rural District to an "1-2" Light Industrial District resulting in a change of land use from vacant farm land to light industrial uses on property described as 5.009 acres out of Margaret Kelly Land, Tract 3, Tracts A, B and C, located at 5802 Old Brownsville Road, located north of Old Brownsville Road and approximately 1,100 feet southwest of Westpoint and Old Brownsville Road intersection. City Secretary Chapa stated that the Planning Commission and staff recommended approval of an "1-2" Light Industrial District. Mr. Martin Hameka was present to respond to questions. Council Member Hummel) asked what the type of business was proposed for the property. Mr. Hameka stated that the property would be used as for storage units. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 027906 Amending the Zoning Ordinance, upon application by Martin Hameka, by changing the Zoning Map in reference to 5.009 acres out of Margaret Kelly Land, Tract 3, same being described as Tracts A, B and C, from "FR" Farm -Rural District to "1-2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent, Minutes — Regular Council Meeting October 21, 2008 — Page 8 Mayor Garrett referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0908-03, Brown & Ortiz, P. C.: A change of zoning from a "RE" Residential Estate District to a "B-3" Business District resulting in a change of land use from vacant to retail uses on property described as 3.777 acres, being part of Lot 6 and Lot 7, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, Volume A, Page 42, Nueces County, TX, located west of Flour Bluff Drive approximately 130 feet north of the Flour Bluff and Compton Road intersection. City Secretary Chapa stated that the Planning Commission and staff recommended approval of a "B-3" Business District. Ken Brown, representative for Wal-Mart, explained that the company is requesting to rezoning the property to build a Wal-Mart Center. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 027907 Amending the Zoning Ordinance, upon application by Brown & Ortiz, P.C., by changing the Zoning Map in reference to 3.777 acres being a part of Lot 6 and Lot 7, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, from "RE" Residential Estate District to "B-3" Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett referred to Item 23, and a motion was made, seconded and passed to open the public hearing on the following renewal community: 23.a. Public hearing to consider and nominate applications to the Office of the Governor for Commercial Revitalization Deduction allocations. Emily Martinez, Economic Development, introduced John Henderson, Swank & Salch, who assisted the businesses with the renewal community applications and the project representatives as follows: Todd Pietsch, with Pietsch Realty Investments LLC; Jerry and Kathy Dewbre with UBP Properties, LLC; and Eric Geiser and Freddy Alvarez with Topaz Power Group. Ms. Martinez provided information regarding the types of allocations for commercial revitalization deductions and the recommended projects description, location, census tract, number of new jobs created and retained, the total investment, and the allocation requested. Ms. Martinez also provided an overview of the total allocations and binding commitments for 2008 and 2009. Abel Alonzo, 1701 Thames, spoke in support of economic development and improving the quality of life. Mr. Alonzo thanked staff for their services. Minutes — Regular Council Meeting October 21, 2008 — Page 9 The following topics pertaining to this item were discussed: the timeframe and status of the J. Golden Properties project; the commitment to make an allocation of a specified dollar amount to a qualified building in which the building is placed in service; whether the program will continue in 2010; whether every applicant that applied was considered; and the number of condos proposed for the UBP project (old HEB headquarters). Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 23.b. RESOLUTION NO. 027908 Resolution nominating projects to the Office of the Governor for Renewal Community Commercial Revitalization Deductions. 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 24 regarding the Laguna Shores Road Rehabilitation project from Graham Road to Hustlin' Hornet Drive. Interim Director of Engineering Kevin Stowers explained that the project will include the elevation, reconstruction and widening of Laguna Shores between Graham Road and Hustlin' Hornet Drive. Mr. Stowers said the project would also alleviate flooding that occurs in that area. The following topics pertaining to this item were discussed: the elevation of the area; the permit for mitigation; whether the bid amount will stay the same after the extension for the permit; and ways to notify the public on the status of the project and the approval of the permit. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. MOTION NO. 2008-275 Motion authorizing the City Manager or his designee to execute a construction contract with H&G Contractors of Corpus Christi, Texas, in the amount of $2,919,681.16 for the Laguna Shores Road Rehabilitation from Graham Road to Hustlin' Hornet Drive for the Total Base Bid and Additive Alternate No. 1. (BOND ISSUE 2004) 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 25 regarding North Port Avenue from IH 37 to US 181. Interim Director of Engineering Kevin Stowers explained that this item is the execution of an Advance Funding Agreement with the Texas Department of Transportation (TXDOT). Mr. Stowers added that TXDOT is funding 80% of the project. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, thanked Interim City Manager Escobar for his work on the Bond 2004 projects and asked the public to support Bond 2008. Minutes — Regular Council Meeting October 21, 2008 — Page 10 The following topics pertaining to this item were discussed: the timeline of the project; whether the area will be replaced with concrete; whether the City is requesting that all bidders provide costs for concrete and asphalt; and the difference in the total bid cost for using concrete. City Secretary Chapa polled the Council for their votes as follows: 25. RESOLUTION NO. 027909 Resolution authorizing the City Manager, or his designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $1,683,570 for North Port Avenue from IH 37 to US 181 for construction work. (BOND ISSUE 2004) 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 26 regarding the Utilities Business Office Policy to detect and prevent identity theft. Assistant Director of Financial Services Mike Barrera referred to a powerpoint presentation including a background; policy to detect and prevent identify theft; program purpose and definitions; identification of red flags; detecting red flags; preventing and mitigating identity theft; and the effect of the policy. Mr. Barrera stated that the City has to adopt a policy by November 1, 2008. Council Member Leal asked if letters regarding whether customers want the City to share private information under the Open Meetings Act was distributed to all utility customers. Mr. Barrera said that the letters will be issued to all utility customers. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 26. RESOLUTION NO. 027910 Resolution approving a policy regarding identity theft detection and prevention for utility customer accounts. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo was absent. Mayor Garrett opened discussion on Item 27 regarding the Health Department Laboratory Air Handlers and Chiller Replacement. Interim Director of Financial Services Constance P. Sanchez explained that emergency contracts for replacement of the air handlers and chiller have been awarded. Ms. Sanchez added that Proposition 4 on the Bond 2008 ballot includes the cost for the replacement of both items. Ms. Sanchez stated that this item allows for the reimbursement of funding from bond proceeds to the General Fund should the proposition pass. Ms. Sanchez said that if the proposition is not approved, alternative financing will be used. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting October 21, 2008 — Page 11 27. RESOLUTION NO. 027911 Resolution expressing official intent to reimburse costs with respect to the Health Department Laboratory Air Handler and Health Department Chiller replacement. 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 28 regarding the Health Department Laboratory Air Handlers and Chiller Replacement. Ms. Sanchez explained that this item is the appropriation from the Unreserved Fund Balance in the General Fund for replacement of the Health Laboratory Air Handler and Chiller. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 28. ORDINANCE NO. 027912 Ordinance appropriating $355,000 of the Unreserved Fund Balance in the General Fund No. 1020 for Health Department Laboratory Air Handler replacement and Health Department Chiller replacement; changing the FY 2008-2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $355,000. 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 29 regarding the South Texas Aggregation Project, Inc. (STAP). Assistant City Manager Oscar Martinez explained that this resolution authorizes the execution of a five-year contract for the acquisition of power. Mr. Martinez stated that the current contract expires on December 31, 2008. Mr. Martinez added that with the decrease in cost, now is a good time for the City along with STAP to lock into a power rate ranging between 8 and 8'%cents per kilowatt hour. The following topics pertaining to this item were discussed: the savings due to lower rates; when the contract would be signed; the percentage of electricity that will be provided; whether the contract will take care of the City's usage for five (5) years; concerns with the contract including alternative energy sources; the model used to negotiate the price; review the of contract; whether there is an urgency to approve this item; the terms of the contract expiring in December; the original primary term; how long the City has been operating under six (6) month terms; the average price per kilowatt over the last three (3) years; whether there was an option to have a five-year contract three (3) years ago; whether the contract is with the same provider; how the price range is determined; the amount of power that the City is required to pay; whether the proposal allows staff to negotiate and execute the contract; whether Florida Power & Light has the means to deliver power to all of the cities; whether the City could negotiate a contract with the same provider under a six-month option; whether any municipalities in STAP are opting out of the long term contract; fluctuation of prices; measurement of savings for electricity if the City was on a four (4) day week; whether a portion of the power load can be to awarded to another electrical provider; alternative source definition; and an energy conservation plan. Ms. Leal requested a list of the number of departments that have converted to a flex schedule. Minutes — Regular Council Meeting October 21, 2008 — Page 12 Dr. McCutchon made a motion to postpone Item 29 until November 111h. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 29. POSTPONED UNTIL NOVEMBER 11TH Project, Inc. (STAP) to negotiate an Electric Supply Agreement for deliveries of electricity -. ... -te.. FPL Energy Power Marketing, Inc. and Direct Energy, LP and authorizing the City Manager to sign a contract with STAP for the City's electricity needs for the period beginning January 1, 2009 and extending up to December 31, 2013. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. Joan Veith, 5701 Cain Drive, asked the Council to settle the negotiations with the Corpus Christi Firefighters. Jerry Garcia, Southside Little League, spoke regarding the safety concerns on Port Avenue and the inconsistency of terms for sports lease agreement. J.E. O'Brien, 4130 Pompano, spoke regarding the issuance of debt limitations and asked whether the issuance of commercial paper should be authorized by the voters. Carlos Torres, President of the Corpus Christi Firefighters Association, said he was disappointed that the firefighters' contract was not on today's agenda and requested that the item be placed on next week's agenda. Foster Edwards, Chamber of Commerce, spoke regarding an article in BusinessWeek which listed Corpus Christi in 20`h place as a best city for riding out a recession. Mr. Edwards also stated that the Chamber has formed a political action committee to support Bond 2008. Abel Alonzo, 1701 Thames, said he was glad that the Chamber is supporting Bond 2008 and encouraged the public to vote and support the project. Mr. Alonzo also stated that he hoped that the City and the Regional Transportation Authority (RTA) will address the safety issues on PortAvenue. ,,.....**** * * * Mayor Garrett referred to Item 32 regarding a report on the Municipal Court Judges salary adjustments. Interim Assistant City Manager Cindy O'Brien referred to a powerpoint presentation including a background; current salary positions; the proposed salary adjustment plan; funding options; Juvenile Assessment Center and Municipal Court necessary steps; and future council action. Council Member Marez announced that the Municipal Court Committee voted this morning to unanimously support the proposal presented by staff. The following topics pertaining to this item were discussed: the purpose for having the Juvenile Assessment Center (JAC) managers under Parks and Recreation; the duties of the JAC managers; how the case managers provide information on prevention programs; global prevention; and concerns with the closed or modified hours at JAC. Interim City Manager Escobar stated that the JAC will reopen full-time beginning Thursday, October 23rd ************* Minutes — Regular Council Meeting October 21, 2008 — Page 13 Mayor Garrett opened discussion on Item 30 regarding the location of bollards in the vicinity of the Padre Island seawall and South Packery Channel jetty. Council Member McCutchon spoke regarding the compromise and discussions with the Beach Access Coalition, Coastal Bend Surfriders Foundation and the Padre Island Business Association; the previous resolution directing the Water Shore and Beach Advisory Committee to make a recommendation on the location of the bollards; the reason that Water Shore and Beach Advisory Committee did not make a recommendation; the proposed resolution clarifying the location of the bollards; and concern that the voters know all the information when voting on Proposition 8. Mayor Garrett called for comments from the audience. Carolyn Moon, 4902 Calvin, spoke regarding traffic access and replenishment of the beach. Ms. Moon stated that she did not see the need for bollards near the jetties during the summer. Kyle Garrison, Chair of the Water Shore and Beach Advisory Committee, provided a copy of the minutes of the Committee meeting from October 2, 2008 and said the committee agreed that action should be taken in front of the seawall. Mr. Garrison stated that the committee did make a recommendation to do nothing between the north end of the seawall and the south jetty at this time. Norm Baker, 14122 Cabana, spoke regarding the compromise meeting to find a solution for closing the area in front of the seawall and placing bollards towards the jetties. The following topics pertaining to this item were discussed: the current traffic flow; sand north of the seawall; whether the Council discussed placing bollards north of Access Road 3-A; the Water Shore and Beach Advisory Committee recommendation; the distance of the bollards north of the seawall; the bollard system in Port Aransas; safety issues; Proposition 8; whether there are any restrictions for building on the empty land behind the proposed bollards; and the location of the chained entrances and beach launch access. Dr. McCutchon made a proposal to have continuous head -in parking in front of the condominiums and changing and adding the location of the chained entrances on Exhibit A of the resolution. Mr. Hummell made a motion to amend Section 1.b.(1) by reducing the distance of the bollards north of the seawall from 1550 feet to 1000 ft. The motion was seconded by Ms. Leal. The foregoing motion failed with the following vote: Garrett, Hummell and Leal voting "Aye"; Elizondo, McCutchon, Marez, and Martinez, voting "No"; Kelly abstained; Cooper was absent. Dr. McCutchon made a motion to amend Exhibit A of the resolution to have continuous head -in parking in front of the condominiums and to change and add the location of the chained entrances. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained; Cooper was absent. City Secretary Chapa polled the Council for their votes as follows: 30. RESOLUTION NO. 027913 Resolution approving the general location of bollards in the vicinity of the Padre Island seawall and South Packery Channel jetty. The foregoing resolution was passed and approved as amended with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained; Cooper was absent. Minutes — Regular Council Meeting October 21, 2008 — Page 14 Mayor Garrett referred to Item 31 regarding an update on the Coastal Bend Workforce Development Partnership Industry Outreach Initiative. Director of Education Initiatives JoAnn Hooks stated that the Workforce Solution of the Coastal Bend, Port Industries, the Craft Training Center and education partners have partnered to identify the education and employment needs in the Petrochemical industry. Ms. Hooks added that the partnership has established an initiative that is proving to be successful. Ms. Hooks acknowledged the members of the partnership in the audience and introduced the presentation team as follows: President/CEO of Workforce Solutions of the Coastal Bend Mary Ann Rojas, Plant Manager for DuPont and Port Industries Representative Tim McDaniel, and President of the Craft Training Center Dr. Anne Matula. Ms. Rojas provided a background of the workforce planning, development, and collaboration with Port Industries and its partners. Mr. McDaniel referred to a powerpoint presentation including the representatives of the Port of Industries of Corpus Christi; projected workforce renewal needs; job availability, education requirements, and wages; workforce development partnership; promotion of the initiative; and program development. Dr. Matula provided an update on the Craft Training Center including the classes available, drug testing, scholarship assistance, tuition, contributing sponsors, and teacher training. The following topics pertaining to this item were discussed: social assistance from the industries; measurement of success; the number of children that have completed high school and the two-year program that have been hired; and financial aids or grants available for students. 12th. Ms. Hooks invited the Council to attend the Workforce Development Summit on November Mayor Garrett referred to Item 33 regarding an update on the Storm Water Drainage Utility. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including a background; applicability; recommended types of impervious and pervious cover; and major milestones. A brief discussion ensued regarding the definitions for impervious and pervious cover. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 3:02 p.m. on October 21, 2008.