HomeMy WebLinkAboutMinutes City Council - 10/28/2008I 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 28, 2008, which were approved by the City
Council on November 11, 2008.
WITNESSETH MY HAND AND SEAL, on this the 1 lth 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 9:20 a.m.
**Arrived at 9:30 a.m.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 28, 2008 — 8:30 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.
Council Member Leal requested a special prayer be given for Judge Carl Lewis. The
invocation was delivered by Reverend Henry Williams and the Pledge of Allegiance to the United
States flag was led by Mayor Henry Garrett. Mayor Garrett called for a moment of silence for Judge
Carl Lewis.
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 October
14, 2008. A motion was made and passed to approve the minutes as presented.
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Mayor Garrett called for consideration of the consent agenda (Items 2 - 5). There were no
comments from the public. City Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2008-276
Motion approving the purchase of ten (10) 2009 Ford Fusion 4 -Door Sedans from Philpott
Motors Ltd., of Nederland, Texas in the amount of $153,230. The award is based on the
cooperative purchasing agreement with the Texas Local Government Purchasing
Cooperative (TLGPC). These units are replacements to the fleet and will be used by the
Police Department, Uniform Division. Funding is available from the FY 2008-2009 Capital
Outlay Budget in the Fleet Maintenance Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon and Hummel) were
absent.
Minutes — Regular Council Meeting
October 28, 2008 — Page 2
3.a. ORDINANCE NO. 027914
Ordinance authorizing the City Manager or his designee to execute a five-year marina space
rental contract with Yachting Center of Corpus Christi, LLC for the use of fifteen (15) boat
slips on Peoples Street T -Head, Number 70 eastward terminating at the west bulkhead, for
operation of sailing school and related activities, and including construction of utility and boat
slip improvements; for monthly slip fee rental payments of $6.85 per linear foot of dock
space, subject to annual rate changes.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye";
McCutchon and Hummel) were absent.
3.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a fourteen -year -six-month marina
space rental contract with Yachting Center of Corpus Christi, LLC for the use of fifteen (15)
boat slips on Peoples Street T -Head, Number 70 eastward terminating at the west bulkhead,
for operation of yachting center, sailing school, charter boats and related activities, including
construction of utility and boat slip improvements; for monthly slip fee rental payments of
$6.85 per linear foot of dock space, subject to annual slip rate changes; providing for
publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon
and Hummel) were absent.
4. ORDINANCE NO. 027915
Amending the Code of Ordinances, City of Corpus Christi, Chapter2, to establish the Senior
Companion Program Advisory Committee; and providing for publication. (First Reading
10/21/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon
and Hummel) were absent.
5. ORDINANCE NO. 027916
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.
(First Reading 10/21/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Efizondo, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon
and Hummell were absent.
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Mayor Garrett called for petitions from the audience. Abel Alonzo, 1701 Thames, said he
was delighted that Interim City Manager Escobar had submitted his name for the City Manager
position because Mr. Escobar knows the community and is very experienced. Mr. Alonzo asked the
Council to do what was in the best interest of the community. Joe McComb, 5323 St. Andrews,
Minutes — Regular Council Meeting
October 28, 2008 — Page 3
stated that he submitted a petition to the City Secretary to have the City Council consider an item to
raze the Memorial Coliseum. Mr. McComb added that the Council tabled the item that triggered an
initiative process and hoped to receive the required number of signatures to place this item on the
April 2009 ballot. Mr. McComb explained that he was notified that the Secretary of State has issued
an opinion that this item can not be placed during the City Council election in April 2009. Mr.
McComb urged the City Council to honor the City Charter and include this item during the April
election. Council Member Marez requested a hard copy of the decision by the Secretary of State be
provided to the Council, Mr. McComb and the media. Council Member Kelly requested that the
report include information regarding the reason the Secretary of State is considering this opinion
after the City has been placing propositions on the April election over the last 20 years and asked
that the Council discuss this issue at the next meeting. Roy Pell, 464 Indiana, said the Marina
Advisory Committee provided a copy of a letter to the Council expressing their concerns regarding
the marina. Mr. Pell asked the Council to consider asking the City Manager candidates where they
stand on marina issues.
* * * * * * * * * * * * *
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
6. Executive session pursuant to Texas Government Code, Section 551.074 to deliberate the
appointment, employment and duties of the City Manager with possible discussion and
action related thereto in open session.
The Council went into executive session. The Council returned from executive session.
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Mayor Garrett opened discussion on Item 7 regarding an Electric Supply Agreement with the
South Texas Aggregation Project, Inc. (STAP). Council Member McCutchon made a motion to
remove from the table Item #29 of the October 21, 2008 City Council Meeting regarding the
negotiation of an Electric Supply Agreement with South Texas Aggregation Project, Inc. (STAP).
The motion was seconded by Mr. Elizondo. City Secretary Chapa polled the Council for their votes
as follows:
7.a. MOTION NO. 2008-277
Motion to remove from the table Item #29 of the October 21, 2008 City Council Meeting
regarding the negotiation of an Electric Supply Agreement with South Texas Aggregation
Project, Inc. (STAP).
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Director of Intergovernmental Relations Rudy Garza provided an overview of the information
provided in the City Manager's Report regarding responses to questions by the City Council from the
October 22nd meeting on renewable energy, renewable alternatives, options for contracting power
and the historical perspective on participation. Mr. Garza stated that the market is right to consider a
contract of this nature. Mr. Garza added that the City cannot enter into negotiations and ask to lock
into a rate if the City hasn't made a commitment to purchase power. Mr. Garza explained that once
the City states that they will participate, the contract will be finalized. Mr. Garza said that STAP has
asked the City to act on the resolution by October 31st and that section 4 of the resolution has been
amended to allow the flexibility to consider renewable energy.
Minutes — Regular Council Meeting
October 28, 2008 — Page 4
The following topics pertaining to this item were discussed: natural gas future price
assumptions; pricing and supplementing for wind energy; liability; the number of cities that have
signed the resolution; price reference in the resolution; including a price cap of 8.5% in the
resolution; wholesale prices; wireless charges; the current rate the City pays for electricity; if
electricity will be less expensive if gas prices don't change substantially; the option of renewable
energy credits; whether voltage flows into the City if the City purchases renewable credits; flexibility
to offset the load of renewable alternatives; and whether the City is prohibited from purchasing
electricity over 8.5% if wind energy decreases during peak demands.
Mr. Hummell made a motion to amend Sections 2 and 3 to including the language "at a price
not to exceed 8.5% per kilowatt hour at wholesale levels" after the date of December 31, 2013. 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".
City Secretary Chapa polled the Council for their votes as follows:
7.b. RESOLUTION NO. 027917
Resolution of the City of Corpus Christi, Texas, authorizing the South Texas Aggregation
Project, Inc. (STAP) to negotiate and execute an Electric Supply Agreement for deliveries of
electricity and necessary, related services effective January 1, 2009; approving STAP
contracting with FPL Energy Power Marketing, Inc. and Direct Energy, L.P. 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.
The foregoing resolution was passed and approved as amended with the following vote:
Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting
"Aye".
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Mayor Garrett announced that the Council has selected the following two finalists for the City
Manager position: Scott Moore and Angel Escobar. Mayor Garrett stated that the finalists will be
contacted and the item will be posted when the Council makes the selection.
,.,,,,,,,,*******
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 5:31 p.m. on October 28, 2008.