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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. ************ 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) ************ 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.