HomeMy WebLinkAboutMinutes City Council - 11/11/2008I 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 November 11, 2008, which were approved by the City
Council on December 9, 2008.
WITNESSETH MY HAND AND SEAL, on this the 9th day of December, 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
*Arrived at 10:23 a.m.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 11, 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.
Council Member Leal requested a special prayer be given for the veterans. The invocation
was delivered by Reverend Brian Y. McDonald with Glad Tidings Assembly of God Church and the
Pledge of Allegiance to the United States flag was led by Council Member John Marez.
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 October
21, 2008 and October 28, 2008. A motion was made and passed to approve the minutes as
presented.
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Mayor Garrett referred to Item 2 and the following board appointments were made:
Citizens Advisory Health Board
Mary Jane Garza (Reappointed)
Suzzette Chopin (Reappointed)
Araselia Barrera (Reappointed)
C.C. Convention and Visitors Bureau
Tom Schmid (Appointed)
Committee for Persons with Disabilities
Carlos Vargas (Appointed)
Landmark Commission
Anita Eisenhauer (Reappointed)
Marie Guajardo (Reappointed)
Leo Rios (Reappointed)
Craig Thompson (Reappointed)
Mary Lou Berven (Appointed)
James E. Klein (Appointed)
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Mayor Garrett called for consideration of the consent agenda (Items 3 - 22). Mr. Mike Staff
requested that Item 3 be pulled for individual consideration. Mr. Abel Alonzo requested that Items
13, 17 and 18 be pulled for individual consideration. Council members requested that Items 5, 14,
15, 16, 17, and 18 be pulled for individual consideration. City Secretary Chapa polled the Council
for their votes as follows:
Minutes — Regular Council Meeting
November 11, 2008 — Page 2
4. MOTION NO. 2008-279
Motion approving a supply agreement with Ergon Asphalt & Emulsions, Inc., of Austin,
Texas for emulsion oil, in accordance with Bid Invitation No. BI -0221-08 based on only bid
for an estimated six-month expenditure of $66,235. 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. This material is used by
Street Services for maintenance of city streets. Funds have been budgeted by Street
Services in FY 2008-2009.
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.
6.a. MOTION NO. 2008-281
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$100,964.38 from the State of Texas, Criminal Justice Division to continue the Violence
Against Women Act (VAWA) grant within the Police Department for Year 9 with a city cash
match of $38,952.37, in-kind match of $16,800 for a total project cost of $156,716.75 and to
execute all related documents.
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.
6.b. ORDINANCE NO. 027918
Ordinance appropriating $100,964.38 from the State of Texas, Criminal Justice Division in
the No. 1061 Police Grants Fund for funding available under the Violence Against Women
Act (VAWA) Fund, transferring $38,952.37 from the No. 1020 Cash contribution to grants
and appropriating it in the No. 1061 Police Grants Fund as grant matching funds.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper was absent.
7.a. MOTION NO. 2008-282
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$484,856 from the U.S. Department of Justice, Office of Community Oriented Policing
Services (COPS) for funding available under the COPS 2008 Child Sexual Predator
Program, funds to be used to reduce child endangerment with a city in-kind contribution of
$10,000 and to execute all related documents.
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.
7.b. ORDINANCE NO. 027919
Ordinance appropriating $484,856 from the U.S. Department of Justice, Office of Community
Oriented Policing Services (COPS) for funding available under the COPS 2008 Child Sexual
Predator Program, fund to be used to reduce child endangerment, in No. 1061 Police Grants
Fund with a city in-kind contribution of $10,000.
Minutes — Regular Council Meeting
November 11, 2008 — Page 3
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooperwas absent.
8.a. MOTION NO. 2008-283
Motion authorizing the City Manager or his designee to accept additional grant funding in the
amount of $28,000 from the Executive Office of the President, Office of National Drug
Control Policy, to support the Police Departments role in the Texas Coastal Corridor Initiative
in the Houston High Intensity Drug Trafficking Area.)
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent.
8.b. ORDINANCE NO. 027920
Ordinance appropriating $28,000 in the No. 1061 Police Grants fund from the Executive
Office of the President, Office of National Drug Control Policy to support the Police
Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug
Trafficking Area.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooperwas absent.
9. RESOLUTION NO. 027921
Resolution authorizing the submission of a grant application in the amount of $16,300 to the
Texas Department of Public Safety, Governor's Division of Emergency Management
Preparedness (HMEP) Grant Program for public awareness brochures, school book covers,
coloring books, and to conduct an emergency response exercise with a hard match of
$3,260; and authorizing the City Manager or his designee to apply for, accept, reject, alter, or
terminate the grant.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
10.a. RESOLUTION NO. 027922
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$44,206 and to execute a contract and all related documents with the Texas State Library
and Archives Commission for the Loan Star Libraries Grant to be used as follows: $41,206
for books for all libraries; $2,000 for archival supplies for La Retama Central Library; and
$1,000 for furniture for the Anita & W. T. Neyland Public Library.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
Minutes — Regular Council Meeting
November 11, 2008 — Page 4
10.b. ORDINANCE NO. 027923
Ordinance appropriating a grant in the amount of $44,206 from the Texas State Library and
Archives Commission into the Library Grants Fund No. 1068 to be used as follows: $41,206
for books for all libraries; $2,000 for archival supplies for La Retama Central Library; and
$1,000 for furniture for the Anita & W. T. Neyland Public Library.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper was absent.
11.a. RESOLUTION NO. 027924
Resolution authorizing the City Manager or his designee to execute a Gift Agreement with
the Friends of Corpus Christi Public Libraries, in the amount of $5,000 for the purchase of
technology for the Dr. Clotilde P. Garcia Public Library.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Cooperwas
absent.
11.b. ORDINANCE NO. 027925
Ordinance appropriating a $5,000 gift from the Friends of Corpus Christi Public Libraries into
the General Fund No. 1020, Organization No. 12850, Account No. 520100, for the purchase
of technology for the Dr. Clotilde P. Garcia Public Library; changing FY2008-2009 Operating
Budget adopted by Ordinance No. 027776 to increase revenues and appropriations by
$5,000 each.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper was absent.
12. ORDINANCE NO. 027926
Ordinance appropriating $4,816.28 into the Library CIP Fund No. 3210, Project No. 120095,
for improvements to the Anita and W.T. Neyland Public Library from the following sources:
$3,046.44 from unappropriated interest earnings from the Library CIP Fund No. 3210 and
$1,769.84 from royalties from oil, gas, and mineral interest bequeathed to the City library
from the Estate of William T. Neyland; changing the FY 2007-2008 Capital Budget adopted
by Ordinance No. 027456 to increase appropriations by $4,816.28.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper was absent.
19. ORDINANCE NO. 027929
Ordinance appropriating $25,300 from the reserve for Municipal Court Juvenile Case
Manager Fund for Juvenile Case Manager Salaries currently budgeted in the General Fund;
changing the FY 2008-2009 Operating Budget adopted by Ordinance 027776 to increase
appropriations by $25,300.
Minutes — Regular Council Meeting
November 11, 2008 — Page 5
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper was absent.
20. FIRST READING ORDINANCE
Amending Section 2-75 "Membership; terms and filling vacancies," of the Code of
Ordinances, regarding membership of the Library Board; providing for an effective date; and
providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper was absent.
21. FIRST READING ORDINANCE
An -tending Section 2-78 "Lay Representative of City," of the Code of Ordinances, regarding
selection of the Lay Representative of the City to the South Texas Library System; providing
for an effective date; and providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper was absent.
22. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter2 regarding membership
in Youth Advisory Committee; providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper was absent.
Mayor Garrett opened discussion on Item 3 regarding the purchase of vehicles for the Police
Department. Mike Staff, Corpus Christi Police Officers stated that the police department
needs additional vehicles and spoke in supported of the purchase. City Secretary Chapa polled the
Council for their votes as follows:
3. MOTION NO. 2008-278
Motion approving the purchase of forty-three (43) police package sedans, two (2) pickup
trucks and two (2) cargo vans with the following companies for the following amounts in
accordance with Bid Invitation No. BI -0026-09, based on low bid and low bid meeting
specifications for a total amount of$1,042,309. Funding is available from the FY 2008-2009
Capital Outlay budget in the Maintenance Services Fund and the Crime Control and
Prevention District Fund. All units are replacements.
Champion Ford
Corpus Christi, Texas
Line Items: 1, 2
$1,006,851
Total: $1,042,309
Access Ford
Corpus Christi, Texas
Line Item: 3
$35,458
Minutes — Regular Council Meeting
November 11, 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 opened discussion on Item 5 regarding the purchase of a wide area mower
and a progator sprayer for the golf courses. Council Member Kelly asked if the City is obligated to
purchase equipment from the Texas Local Government Purchasing Cooperative (TLGPC) or can
the City purchase from local merchants. Assistant Director of Financial Services Michael Barrera
stated that the City does look for local dealers but there is not a local service dealer for this
equipment. Council Member McCutchon asked questions regarding the two sources of funding. Mr.
Barrera said that the source of funding is from the Gabe Lozano and Oso Golf Course funds. In
response to Council Member Leal, Mr. Barrera explained that the City has purchased from the local
John Deere store for other types of equipment. City Secretary Chapa polled the Council for their
votes as follows:
5. MOTION NO. 2008-280
Motion approving the purchase of a Wide Area Mower and a Progator Sprayer, with a 300
gallon tank from John Deere Company, of Cary, North Carolina in the amount of $66,062.77.
The award is based on the cooperative purchasing agreement with the Texas Local
Government Purchasing Cooperative (TLGPC). The equipment will be used to maintain the
fairways and putting greens at the Gabe Lozano Golf Course and Oso Golf Course. These
items are replacements to the fleet. Funds have been budgeted by Parks and Recreation
Department, Gabe Lozano Golf Center Fund and Oso Golf Course Fund for FY 2008-2009.
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 opened discussion on Item 13 regarding the Lindale Recreation Center
Renovations. Abel Alonzo, 1701 Thames, thanked Interim City Manager Escobar and staff for their
work in completing the Bond 2004 projects. Mr. Alonzo stated that he believes that the hard work on
Bond 2004 is the reason the public supported Bond 2008. City Secretary Chapa polled the Council
for their votes as follows:
13. MOTION NO. 2008-284
Motion authorizing the City Manager or his designee to execute a Job Order Contract with
Alpha Building Corporation of Corpus Christi, Texas in the amount of $153,004.18 for
Lindale Recreation Center Renovations (BOND ISSUE 2004)
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 opened discussion on Item 14 regarding pipeline adjustments at the Corpus
Christi International Airport. Council Member McCutchon asked whether this item was for a
deductive change order. Interim Director of Engineering Kevin Stowers stated that this item is not a
deductive change order. Mr. Stowers added that the pipeline companies have requested to work
with the City rather than the contractor, Haas -Anderson. Dr. McCutchon asked questions regarding
the number of pipelines to be moved and the number left to move. Mr. Stowers stated that this item
is for the relocation for five (5) pipelines and that two (2) pipelines owned by Nustar will be brought
to the Council for future action. Dr. McCutchon asked whether the other two pipelines will be
substantial different from this item. Mr. Stowers stated that the cost will be more expensive but the
items will be similar in nature. Dr. McCutchon requested that this Council action be included in the
Minutes — Regular Council Meeting
November 11, 2008 — Page 7
packet for a cost comparison. City Secretary Chapa polled the Council for their votes as follows:
14.a. MOTION NO. 2008-285
Motion authorizing the City Manager or his designee to execute an agreement for
adjustment of an eight -inch (8") pipeline in the estimated amount not to exceed $64,437.50
with South Shore Pipeline, L.P., of Houston, Texas for the Corpus Christi International
Airport Drainage Phase VI Project.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
14.b. MOTION NO. 2008-286
Motion authorizing the City Manager or his designee to execute an agreement for
adjustment of an six-inch (6") pipeline in the estimated amount not to exceed $108,000 with
Crosstex Natural Gas Transmission, Ltd., of Dallas, Texas for the Corpus Christi
International Airport Drainage Phase VI Project.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
14.c. MOTION NO. 2008-287
Motion authorizing the City Manager or his designee to execute an agreement for
adjustment of an six-inch (6") pipeline in the estimated amount not to exceed $163,496 with
Copano Pipeline, L.L.C., of Houston, Texas for the Corpus Christi International Airport
Drainage Phase VI Project.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 15 regarding the South Guth Ball Field Relocation
project. Council Member Leal asked questions regarding the cost of the relocation. Interim Director
of Engineering Kevin Stowers explained that the cost included the fair market value of the house,
closing cost, and relocation assistance. Ms. Leal asked for the cost of the house and the property.
Mr. Stowers stated that the fair market value of the house is $130,000 and that he would provide the
cost of the land. Council Member McCutchon asked whether the house will be moved. Mr. Stowers
stated that a decision to move the house has not been made. City Secretary Chapa polled the
Council for their votes as follows:
15. MOTION NO. 2008-288
Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract
with Noy R. Shockley and wife, Betty Shockley in the amount of $130,000 plus $1900 in
closing costs and an additional amount of $22,500 for relocation assistance to cover moving
costs and incidental expenses in connection with a replacement dwelling, all for the
purchase of fee simple property rights to Parcel 3, described as "Peary Place Annex B"
(0.471 acres), with the street address of 1901 Paul Jones Ave., necessary for South Guth
Ballfield Relocation.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal was absent.
Minutes - Regular Council Meeting
November 11, 2008 - Page 8
Mayor Garrett opened discussion on Item 16 regarding the J.C. Elliott Landfill Groundwater
Monitoring and Sampling. Council Member McCutchon asked if the contract for geotechnical
services was an engineering contract. Interim Director of Engineering Kevin Stowers said that the
contract is a professional services contract for engineering and geology. City Secretary Chapa
polled the Council for their votes as follows:
16. MOTION NO. 2008-289
Motion authorizing the City Manager or his designee to execute a geotechnical services
agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to
exceed $204,400 for the J.C. Elliott Landfill Groundwater Monitoring and Sampling
Agreement - 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 17 and 18 regarding the student intern program at
Del Mar College and Texas A & M University- Corpus Christi. Abel Alonzo, 1701 Thames, thanked
the 4A board for ensuring that the tax dollars are spent wisely. Council Member Marez thanked
Chairperson Eloy Salazar and the 4A Board for approving the internship program and supporting
local businesses. Mr. Marez also thanked Del Mar College and Texas A & M University - Corpus
Christi for establishing the internship program. City Secretary Chapa polled the Council for their
votes as follows:
17. RESOLUTION NO. 027927
Resolution approving the second amendment to Corpus Christi Business and Job
Development Corporation's agreement to grant business incentives to Del Mar College for
the retention of jobs, which grants an additional $50,000 for a student intern program to
assist small businesses in 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".
18. RESOLUTION NO. 027928
Resolution approving the second amendment to Corpus Christi Business and Job
Development Corporation's agreement to grant business incentives to Texas A&M
University -Corpus Christi for the retention of jobs, which grants an additional $70,000 for a
student intern program to assist small businesses in 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 23 regarding a request for temporary tax
abatement for the Metropolis Lofts, LLC. Emily Martinez, Economic Development, provided a brief
overview including background on the building; location of the project; the project description; the tax
abatement guidelines and criteria; the total capital investment of the project; and the completion
date. Andy Griffin, Project Manager for J. Golden Properties, was available to respond to questions.
Minutes — Regular Council Meeting
November 11, 2008 — Page 9
Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, said he
supports economic development but wants to make sure that the City holds the business to the
guidelines and criteria.
The following topics pertaining to this item were discussed: the total project costs; the current
value of the property; the ad valorem portion; the projected tax revenues when the project is built
out; the projected value of the property; construction of amenities; and the number of units.
City Secretary Chapa polled the Council for their votes as follows:
23. RESOLUTION NO. 027932
Resolution authorizing the execution of an agreement with Metropolis Lofts, LLC, providing
for temporary property tax abatement.
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 24 regarding the Del Mar College for FastTrac®
Growth Venture TM Program. Emily Martinez, Economic Development, provided a brief overview of
the program including the scope of the program; the program's primary objectives; the total cost of
the project; and the request for funding. Ann Figueroa with Del Mar College was available to
respond to questions.
Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, thanked
the Council and the 4A Board for their inclusive and diverse support of projects. City Secretary
Chapa polled the Council for their votes as follows:
24. RESOLUTION NO. 027933
Resolution approving a Small Business Incentive Agreement between the Corpus Christi
Business and Job Development Corporation and Del Mar College for the FastTrac® Growth
Venture TM Program, which will provide up to $120,000 in grants to program participants who
create and retain new jobs for their businesses, and authorizing the City Manager, or
designee, to execute a Small Business Incentive Project Support Agreement with the
Corpus Christi Business and Job Development Corporation regarding implementation and
administration of the Del Mar College Small Business Incentive Agreement.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Mayor Garrett opened discussion on Item 25 regarding the development of a Bachelor of
Science in Mechanical Engineering program at Texas A & M University — Corpus Christi (TAMU-
CC). Emily Martinez, Economic Development, explained that TAMU-CC is requesting $1,000,000 for
retrofitting and outfitting laboratories. Ms. Martinez provided a background; the scope of the
program; the timeline; target requirements; goals; and significant benefits to the City. Ms. Martinez
added that TAMU-CC will be reimbursed for expenditures and hope to begin enrollment in the fall of
2009. Dr. Trent Hill with TAMU-CC and Eloy Salazar, Chairman of the Corpus Christi Business and
Job Development Corporation (4A Board), were available to respond to questions.
The following topics pertaining to this item were discussed: addressing the lack of trained
workforce; the capacity in engineering schools across the state; the inquiries from students to
TAMU-CC; a letter from the Texas Higher Education Coordinating Board sent to Executive Director
Minutes — Regular Council Meeting
November 11, 2008 — Page 10
of the Legislative Budget Board John O'Brien in March of 2007 regarding the creation of an
engineering school atTAMU-CC; the difference between a school and a program; House Bill 2978;
promoting an interest in math and science to high school students; whether the Texas A & M Board
of Regents makes decisions for TAMU-CC; the state budget support for TAMU-CC; if TAMU-CC is
going to rely on enrollment to fund the engineering program; the unanimous vote from the 4A Board;
community support; the terms of the performance based contract; the use of 4A funds in the City of
Amarillo to fund a mechanical engineering program; the economic impact on the City; whether
community support could include the donation of the land; the cost to maintain the program; the
enrollment formula; where the funding will come from if the program doesn't have students; whether
the program meets the criteria for 4A funds; funding available in the 4A economic development fund;
how the funds will be disbursed; and whether the program will be approved if the university only has
the City's support.
Council Member Martinez requested a report from TAMU-CC on the status of their
fundraising from the community.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
25. RESOLUTION NO. 027934
Resolution approving an Agreement between the Corpus Christi Business and Job
Development Corporation and Texas A & M University - Corpus Christi (TAMU-CC) for
development of facilities for TAMU-CC's Bachelor of Science in Mechanical Engineering
Program, which grants $1,000,000 for retrofitting and outfitting laboratories, and authorizing
the City Manager or his designee to execute a Project Support Agreement with the Corpus
Christi Business and Job Development Corporation regarding implementation and
administration of the Texas A & M University — Corpus Christi Agreement.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye"; Hummell and McCutchon voting
"No".
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, spoke regarding
honoring veterans and their loved ones. Mr. Veith also asked the Council to consider Angel Escobar
for City Manager. David Berlanga and Lindsey Edwards asked the Council to consider an item
approving the enclosure of Heritage Park for the "Cheers to Charity Event" to support non-profit
organizations. Carolyn Moon, 4902 Calvin, asked the Council to consider requiring the Las Brisas
power plant to be environmentally friendly. Bob Algeo, 15629 Three Fathoms Bank, thanked the
council for co -sponsoring the Veterans Summit and acknowledged veterans. Susie Williams
thanked the Mayor and Council for establishing the Military Ambassador award and announced that
the City is hosting the 2009 Navy League of the United States National Convention. Ms. Williams
stated that the City sponsors the U.S.S. City of Corpus Christi and members of the crew will be
coming to the convention. Ms. Williams also said she is sending a letter requesting that the U.S.S.
George Herbert Walker Bush consider Corpus Christi Navy League be one of its adopted councils.
Council Member McCutchon requested that the City also send a letter of support. Joe McComb,
5323 St. Andrews, spoke regarding Item 32 regarding the Secretary of State's interpretation of the
City April election date. Mr. McComb asked how long his petition signatures would be valid if his
Minutes — Regular Council Meeting
November 11, 2008 — Page 11
initiative for the Memorial Coliseum could not be placed on the April ballot. Lillian Rock, 4325 Ocean
Drive, spoke regarding injuries she sustained at Magee Beach from a drainage hole. Ms. Rock
asked the City to address this safety issue. Foster Edwards, C.C. Chamber of Commerce, invited
the Council to attend the Chamber Breakfast on Tuesday, November 18'" at 7:30 a.m. at the Holiday
Inn Emerald Beach. Carlos Torres, President of the Corpus Christi Firefighters Association,
addressed the following issues: Veterans Day; the passage of Bond 2008; finalizing the firefighter
negotiations; and the hiring of the City Manager.
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
34. Executive Session under Texas Government Code Section 551.071 regarding electric
franchise with AEP Texas Central Company, with possible discussion and action related
thereto in open session.
35. Executive Session under Texas Government Code Section 551.071 regarding fire collective
bargaining negotiations, with possible discussion and action related thereto in open session.
36. 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 and
the following motion was passed with the following vote:
36. MOTION NO. 2008-290
Motion selecting Angel Escobar as City Manager.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Leal, and Marez, voting "Aye"; Hummell, Kelly, McCutchon, and Martinez, voting
"No".
Mayor Garrett asked if Mr. Escobar would like to comment. Mr. Escobar responded that he
would need time to think before deciding to accept or reject the offer and would get back to the
Council regarding his decision.
Mayor Garrett opened discussion on Item 26 regarding the City of Corpus Christi's State and
Federal Legislative Program for 2009. Director of Intergovernmental Relations Rudy Garza
introduced elected officials Todd Hunter and Solomon Ortiz, Jr. and consultants Snapper Carr with
HiIICo Partners and Larry Meyers with Meyers & Associates. Mr. Garza referred to a powerpoint
presentation highlighting the major issues including legislative issues the City supports and
opposes; the priorities of the City for protection of water rights, transportation resources, air quality,
housing, and economic development; potential proactive measure on the April election date, adding
the Packery Channel project under hotel occupancy tax assessments, publicly owned venues
receiving revenue from alcohol, and the Open Meetings Act; and the federal agenda for
CDBG/HOME funding, renewal community designation, diversion to state, homeland security,
military and transportation.
Minutes — Regular Council Meeting
November 11, 2008 — Page 12
The following topics pertaining to this item were discussed: the rider redemption period for
homestead property; the exemption to the Open Meeting Act to provide general information as
updates; and the removal of municipal court judges for disciplinary issues.
Council Member Marez suggested that the removal of municipal courtjudges for disciplinary
issues be included in the legislative program. There was a consensus of the council to include this
item.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
26. RESOLUTION NO. 027935
Resolution adopting the City of Corpus Christi's State and Federal Legislative Program for
2009.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; Elizondo and McCutchon were
absent.
Mayor Garrett announced that Item 31 regarding a presentation on the Tuloso-Midway
Independent School District was postponed.
Superintendent
Mayor Garrett opened discussion on Item 27 regarding the Texas Recreation & Parks
Account Local Park Grant Program (TRPA) and the Texas State Park System. Assistant Director of
Parks and Recreation Stacie Talbert explained that this item is requesting the City Council to
support asking the members of the 81st Legislative Session to support legislation that increases the
funding for the TRPA and the Texas State Park System and encourages that the grant process
remain under a competitive bid. There were no comments from the audience. City Secretary Chapa
polled the Council for their votes as follows:
27. RESOLUTION NO. 027936
Resolution of the City of Corpus Christi City Council requesting the members of the 81st
Legislative Session of the State of Texas support legislation that increases funding for the
Texas Recreation & Parks Account Local Park Grant Program (TRPA) and the Texas State
Park System; and requiring that all TRPA-funded park projects be subject to established
TPWD competitive scoring system.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; Elizondo and McCutchon were
absent.
Mayor Garrett opened discussion on Item 28 regarding a grant application to the
Environmental Protection Agency. Director of Environmental Services Peggy Sumner explained that
this item is for approval to submit a grant application to the Environmental Protection Agency for a
three-year community -wide Brownfields Assessment Program. Ms. Sumner provided an overview of
the Brownfield site program and explained that this is the first one the City has applied for and the
first of its kind.
Minutes — Regular Council Meeting
November 11, 2008 — Page 13
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
28. RESOLUTION NO. 027937
Resolution authorizing the City Manager, or his designee, to submit a grant application to the
Environmental Protection Agency in the amount of $400,000 for a three-year community-
wide Brownfields assessment program.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Kelly, Leal, Marez, and Martinez, voting "Aye"; Elizondo, Hummell, and McCutchon were
absent.
Mayor Garrett referred to Item 33 regarding an overview of the Plasma Technology Project
by Bayshore Technologies, LLC. Joe Cisneros, Executive Vice President of the Corpus Christi
Regional Economic Development Corporation (EDC), provided a brief overview of the Bayshore
parent company and explained that Plasma Technology Project (PTI) is the first project to launch.
Mr. Cisneros added that the PTI project has been approved by the EDC and the Corpus Christi
Business and Job Development Corporation (4A Board). Mr. Cisneros introduced the
representatives from Bayshore Technologies and Plasma Technologies Inc.
Bert Quintanilla, President of Plasma Technologies, Inc. (PTI), provided a brief overview
including a background of Bayshore Technology Holdings, LLC.; Bayshore's sub -companies;
background of Plasma Technologies, Inc. (PTI); PTI's three application divisions; a background of
electrical plasma medical application; medical device for treating topical wounds; thermal plasma;
target markets; patents; university collaboration; demonstrations; and next phases. Alex Katsman,
Vice President of PTI, provided demonstrations of the machines and prototypes.
The following topics pertaining to this item were discussed: whether the equipment is
portable and if studies have been performed on the effects to diabetes.
Mayor Garrett opened discussion on Item 29 regarding the audit results for the Corpus
Christi Firefighters' Retirement System. Interim Director of Financial Services Constance P. Sanchez
explained that a presentation on the actuarial audit results and acknowledgement of receipt by the
City Council is required as part of House Bill 2664. Ms. Sanchez provided a brief overview of the
legislation.
Mark Randall, Executive Vice President of Gabriel, Roeder, Smith, & Co., referred to a
powerpoint presentation including the project scope; the principal findings; parallel valuations; plan
changes enacted after December 31, 2006; and recommendations.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
29.b. RESOLUTION NO. 027938
Resolution to acknowledge receipt of the Final Audit Report for the Corpus Christi
Firefighters Retirement System for the period ended December 31, 2006.
Minutes — Regular Council Meeting
November 11, 2008 — Page 14
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo was absent.
Mayor Garrett opened discussion on Item 30 regarding an ordinance to impose a lien for
overdue utility bills. Assistant Director of Financial Services Mike Barrera explained that this item is
an effort by the City to place liens on a property that is more than 45 days past the due date. Mr.
Barrera stated that the primary target will be commercial accounts and homestead and tenant
properties are exempt. Mr. Barrera said that placing a lien on the property for delinquent accounts
will require the owner to pay the bill prior to selling their property.
The following topics pertaining to this item were discussed: the timeframe before placing a
lien on the property; whether the City has a problem with customers selling property during the time
period; the reason it is necessary to impose a lien; a hotel that had an overdue bill; whether the City
would be in the position to foreclose on a property; if the City will pay for the release of liens; the
standard size of the account targeted; and whether there is an ordinance currently in place.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
30. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, to impose lien for
overdue utility bill; providing for publication; and providing an effective date of December 1,
2008.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Hummell, Kelly, McCutchon, and Martinez, voting "Aye"; Leal voting
"No"; Elizondo and Marez were absent.
Mayor Garrett referred to Item 22 (1), and a motion was made, seconded and passed to
open the following public hearing:
22(1).a. Public Hearing designating the Lon c. Hill Power Plant Reinvestment Zone, within the City
of Corpus Christi, Texas, under the Property Redevelopment and Tax Abatement Act
(Chapter 312 of the Texas Tax Code).
Emily Martinez, Economic Development, provided information including a background of the
Lon C. Hill re -powering project; the capital investment; creation of jobs; project description;
economic impact; impact analysis; the proposal; the request for tax abatement under the non-
renewal community facilities section of the tax abatement guidelines and criteria; property location;
the terms of the agreement; and the City's current ad valorem portion. Jim Burnett with NuCoastal,
Donny Hearn with W.C.M. Group, and J.J. Johnson with the C.C. Regional Economic Development
Corporation were available to respond to questions.
No one appeared in opposition to the public hearing. Ms. Martinez made a motion to close
the public hearing, seconded by Mr. Kelly, and passed.
The following topics pertaining to this item were discussed: the type of plant; types of
emissions; and whether the company has other plants in the area.
Minutes — Regular Council Meeting
November 11, 2008 — Page 15
Mr. Chapa polled the Council for their votes as follows:
22(1).a. ORDINANCE NO. 027930
Ordinance designating the Lon C. Hill Power Plant Reinvestment Zone, within the City of
Corpus Christi, Texas, under the Property Redevelopment and Tax Abatement Act (Chapter
312 of the Texas Tax Code).
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye";
Leal voting "No"; Cooper and Elizondo were absent.
22(1).b. RESOLUTION NO. 027931
Resolution authorizing the execution of an agreement with Lon C. Hill, L.P. providing for
temporary property tax abatement.
The foregoing resolution was passed and approved with the following vote: Garrett,
Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No"; Cooper
and Elizondo were absent.
Mayor Garrett referred to Item 32 regarding a presentation on the Secretary of State's
interpretation of the City April election date. City Attorney Fischer explained that on April 14, 2007,
the City conducted a general election on the continuation of the Crime Control and Prevention
District. Ms. Fischer added that after the Comptrollers' Office became aware of the April election
date, they contacted the City and questioned the authorization for use of that date. Ms. Fischer
stated that the Comptrollers' Office contacted the Secretary of State to ask if the election of the
Crime Control District was valid since it was not on a typical uniform election date. Ms. Fischer
addressed Section 41.0051 of the Texas Election Code that allows for the election date. Ms. Fischer
stated that since this law permitted the City's April election, the City interpreted that the general
election in April was our uniform election date and intended elections on measures to be included on
the April ballot. Ms. Fischer explained that the Secretary of State notified the Comptrollers Office that
it was determined that no action to invalidate or failure to certify the election results would be
undertaken. Ms. Fischer said the City made a commitment to the Secretary of State to take actions
to seek legislative clarification regarding the provision. Ms. Fischer said this issue is part of the
Legislative Agenda to seek legislative change to match historical practices. Ms. Fischer announced
that she will meet with the Secretary of State to address the following issues: whether the City can
include an initiative on the April 2009 ballot and changing the April election date to the May uniform
date without a legislative change. Ms. Fischer stated that the signatures for the petition to raze the
Memorial Coliseum will remain valid until the proposition can be included on the ballot.
The following topics pertaining to this item were discussed: keeping the public informed on
this issue; the deadline for the petition signatures; the City's interpretation of the law; whether the
proposition could be placed in November; the Charter language for an initiative; and the measure
not being eligible until 2011 unless the legislation is changed.
* e+•** f* t+ x f e
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 5:10 p.m. on November 11, 2008.