HomeMy WebLinkAboutMinutes City Council - 07/28/2009I 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 July 28, 2009, which were approved by the City
Council on August 18, 2009.
WITNESSETH MY HAND AND SEAL, on this the 18th day of A gmst, 2009.
Armando Chapa
City Secretary
SEAL
INDEXED
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
July 2 ,2009— 8:30 a.m.
PRESENT
T
Mayor Joe Adame
Mayor Pro Tem Kevin Kieschnick
Council Members:
Chris N. Adler
Brent Chesney*
Larry Elizondo, Sr.
Priscilla Leal
John Mare*
Nelda Martinez
Mark Scott
*Arrived at 8:45 a, m.
City Staff:
City Manager Angel R. Escobar
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
Council Member Leal requested that a special prayer be made for the members of the Pan
American Golf Association visiting Corpus Christi. The invocation was delivered by Pastor Mark
Montgomery with Grace United Methodist Church and the Pledge of Allegiance to the United States
flag was led by Council Member Priscilla Leal.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Adame called for approval of the minutes of the regular Council meeting of July 21,
2009. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * *
Mayor Adame referred to Item 2 regarding the City Economic Incentives Policies for 200-
210. Director of Economic Development Irma Caballero introduced the presentation team including
Interim Assistant City Manager of Development Services Johnny Perales, CEO of the Corpus Christi
Regional Economic Development Corporation (EDC) Roland Mower, and Economic Development
Office representatives Patrick Wilshire and Emily Martinez.
Ms. Caballero referred to a powerpoint presentation including the work performed; the
incentive policies package; local policies; tax abatement; Chapter 3 0; tax incentive financing (TIF);
municipal management districts; public improvement districts (PID); Business and Job Development
Corporation; Freeport exemption; fast track permitting process; waivers and reductions of fees; large
retail/mixed use policy; the renewal community program; scorecard; and recommendations
The following topics pertaining to this item were discussed: the reduction waiver policy;
whether residential is eligible for tax abatement; if any bonds have been sold for the downtown TIF
area; whether the retail projects received ad valorem tax abatements; the difference between the tax
abatement the Chapter 380 agreement; whether other cities abate appreciation in land value in
catalyst areas; if the meatpacking company that received a 380 agreement was in a catalyst area;
considering the northwest area as a catalyst area; a process to review the return on investment; the
renewal community area; discussions for expansion of the Downtown Management District (DMD);
the petition process for the DMD; whether the City currently has any public improvement districts;
Minutes— Regular Counit Meeting
July 28, 2009 — Page 2
the early assistance meeting in the fast track permitting process; the turnover rate for Development
Services; the 4A ballot language in 2002 that was more restrictive than the state statute; the 2%
sales tax cap; creating bond language for street improvements; how the sales taxes are renewed;
the waiver of penalty fees due to city error; other cities that waive development fees; creating a fund
to reimburse the City for reduction or waiver of development fees for creation of jobs; the application
fee schedule; whether there are any existing business that have created a TIF that is not created by
the city; working with the Regional Transportation Authority to create economic development;
development at the airport; how police officers are paid for moving houses; redevelopment of the
economic development website including the cost; the Economic Development Department's MIS
allocation; and including the school districts and Nueces County in the partnership efforts.
Mr. Mower introduced new EDD staff member Mike Culberson who will focus on the
compliance testing and performance evaluation of agreements. Council Member Kieschnick
requested a copy of the 4A ballot language used in 2000. Council Member Scott requested a list of
five cities that waive development fees for projects.
Mayor Adame referred to Item 3 regarding GASB 45: Other Post Employment Benefits
How it affects the City's Budget and Insurance Premiums. Assistant City Manager Oscar Martinez
referred to a powerpoint presentation including an explanation of GASB 45; the reason for following
GASB 45 reporting requirements; the decision to fund or not to fund; what other cities are doing;
what the City is currently doing; and the fire rate increases.
The following topics pertaining to this item were discussed: if the City's bond counsel has
notified the City that not funding the post employment obligation will have a negative impact on the
City's credit rating; the action required to separate the retiree health plan with separate rates and
whether the contracts would have to be re -opened; the breakdown of the proposed budget rate
changes; the three tiers of the fire rate increase; the Police/Fire Union consultant's recommendation
on the amount for the reserve requirement; the attachment point of 25% for catastrophic reserve;
staff's support of a 10% catastrophic reserve in claims; the recommendation for the pay as you go
plan in this budget; the total amount to fund GASB 45 in this budget and to fully fund; if the funding
will come from the insurance reserve fund; the City's match for health insurance; if the City is over
over -funding the insurance fund; setting up a separate fund for GASB; the financial consequences
for not funding GASB other than the credit ratings; how long the City has offered health insurance
and retirement benefits for employees; the effect that a separate retirement plan will have on rates;
the reason the City would have to fund GASB over a 30 -year period; other sources to fund GASB;
and the reserve balance for each fund.
Mr. Martinez stated that staff is recommending the pay as you go plan to minimize future
liability and ask to come back to the Council in August with a recommendation on how to move
forward.
Council Member Chesney requested a copy of the proposed budget rate increase regarding
GASB 45, the premiums for the fire plan, and the options provided by staff.
Mayor Adame called for a brief recess to present proclamations and listen to public
comment.
Mayor Adame called for petitions from the audience. Buck Sosa, 3801 Devonshire, stated
that the firefighter retirees were not included on the insurance committee and spoke regarding the
affect of the insurance premiums for firefighters, retirees, and widows. Foster Edwards, Sylvia Oliver
and Carol Gomez, invited the Council to attend the Spirit of Texas awards honoring small
Minutes — Regular Council Meeting
July 28, 2009 — Page 3
businesses on August 12th Sylvia Cuera, 2806 Quebec, spoke in support for the police and
firefighters. Wilson Wakefield, 6026 Killarmet, spoke in protest to the Las Brisas plant. Guy Watts
asked that the police contracts include downtime for organized physical conditioning. Dr. Nick
Adame, representative for LULAC Council No. 1, spoke in support of the police and fire
departments. Colin Sykes, 309 Aberdeen, spoke regarding the effects of the Las Brisas plant. Maria
Gonzalez, 1813 Amazon, spoke regarding GASB 45 and increasing salaries for city employees,
Kassie, Samantha, and Rebecca Goce, 1306 Aswan Drive, asked that the council consider the
impact of GASB 4to the families ofp lice and firefighters and requested supportfor the p li eand
fire departments. An unidentified woman spoke in support of the police and firefighters. Lt. J. Ermis,
5054 Merganger anger Drive, encouraged the Council to not rush into a decision on GASB 45 and spoke
regarding the effect of the Las Brisas Plant on the air quality.
Lionel Lopez, 4325 Phillipine Street, spoke regarding the effect of a separate retirement fund
for retirees. Rob Carver, 3318 Montclair, stated that an organization of pastors is praying for Corpus
Christi and the Council and appreciate the Council serving the community. munity. Willie Adams, 1641 Nile,
spoke regarding the organization "In the Interest of Justice" and ethics. Manuel Garza, 6614 Samba
Drive, asked the Council to consider the impact that their decisions will have on current employees
and retirees. Susie Luna Saldana, 4710 Hakel, spoke in support of the police, fire, and city
employees and asked the Council to do what is in the employee's best interest. Ms. Saldana also
spoke regarding the code of ethics. Huxley Smith, 1913 Thames, asked the Council if anything
could be done to entice the media to not show graffiti in the community. Juan Araiza, 5921 Shadow
Wood, asked the Council to reconsider placing the Memorial Coliseum on the agenda. Mr. Araiza
also spoke regarding the golf courses. Sgt. Billy Browning, 11645 Chi pa Creek, spoke regarding
sewage in the Northwest area and in opposition to GASB 45. Ron Zirbes asked the Council to
receive all the facts and to take care of the police and firefighters.
Lucy Rubio, 1713 Citation, spoke in support of the firefighters, police officers, retirees, and
current city employees and stated that the employees need to be compensated for all of their hard
work. Dusty Partney, 1921 Stardust, said that the GASB 45 issue is not clearly understood and will
affect the retirement for firefighters. Rene Saenz spoke regarding the scholarship program
supported by the Human Relations Commission. May rAdarae requested an update on the Human
Relations Scholarship Program. J.E. O'Brien, 4130 Pompano, spoke regarding designating
additional parking spaces at City Hall for the disabled. Mayor Adame asked staff to consider this
request. Abel Alonzo, 1701 Thames, spoke in support of the police and firefighters.
* * * * * * * * * * * * *
Mayor Adame announced the executive sessions, which were listed on the agenda as
follows:
4. Executive session under Texas Government Code Section 551.071 regarding Sherman King
and Jenny King vs. Juan Gabriel Salinas and the City of Corpus Christi, Texas; Cause No.
07-4268-E; in the 148th Judicial District Court, Nueces County, Texas, with possible
discussion and action in open session.
5. Executive session under Texas Government Code Section 551.071 to conduct a private
consultation with its attorney regarding Nueces County Water Control and Improvement
District No. 4 v. The City of Corpus Christi, before the Texas Commission on Environmental
Quality, Original Petition Appealing a Wholesale Water Rate and Request for Interim Rates,
with possible discussion and action in open session.
Minutes — Regular Council Meeting
July 28, 2009 — Page
6. Executive session under Texas Government Code Section 551.074, Personnel Matters, for
deliberations regarding the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of Municipal Court Judges 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 motions were passed with the following vote:
4. MOTION NO. 2009-219
Motion authorizing the City Manager to settle Cause No. 07-4268-E; Sherman King and
Jenny King vs. Juan Gabriel Salinas and the City of Corpus Christi, for the sum of
$80,000.O0, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
6.a. MOTION NO. 2009-220
Motion accepting resignation of Part Time Municipal Court Judge Hector DePena.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
6.b. ORDINANCE NO. 028261
Ordinance appointing Rodolfo Tamez, Margie Silva Flores, Mary K. Medary, Michael Alaniz,
and Julianna Siracusa Rivera as municipal judges of the Municipal Court of Record in the
City of Corpus Christi; appointing Deanie King as Magistrate Judge of the Municipal Court of
Record in the City of Corpus Christi; appointing Melissa Kay Madrigal, Jerry L. Batey} Craig
Henderson, Christopher Matt and Patrick O'Hare as part-time judges of the Municipal Court
of Record in the City of Corpus Christi; determining salary; providing a term of office.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
6.c. MOTION N . 2009-221
Motion to accept resignation of Judge Rodolfo Tamez as Presiding Judge effective upon
new replacement being appointed.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Motion was made directing staff to post the position of Presiding Judge of the Municipal
Court of Record in the City of Corpus Christi, Texas.
* * * * * * * * * * * * *
Minutes — Regular Council Meeting
July 28, 2009 — Page
Mayor Adame returned to Item 3 regarding GASB 45: Other Post Employment Benefits How it affects the City's Budgetand Insurance Premiums. Assistant City M n g r Martinez provided
the Council with requested information on the status of the fund balance and the recommendations
or approaches to resolving the GASB issue. The following topics pertaining to this item were
discussed: the estimated FY2010 fund balance for the unreserved fire plan; the difference between
the commitments and unreserved fire balances; the GASB 45 projected obligation; reducing the
catastrophic reserve to 10%; the fund balance policy; addressing the GASB 45 liability; the
breakdown for fire premium increases; un -blending the insurance rates; timeline for a new policy
and recommendation on the reserve fund balance; consideration to continueth pay as ygo for
GASB in today's budget approval; whether other cities are using the pay as you go plan; ifthe GASB
issue can be delayed; the total appropriation to approve in the budget excluding the increase to fund
the reserve and the GASB commitment; continuing dialogue with the unions; whether the contract
negotiations would have to be opened; if it is possible to resolve this issue within 30 to 60 days; if
the catastrophic amount is part of the contracts; whether the fund balance policy can be changed
today; the budgetary consequences if the Council does not fund the reserve and GASB; and the
irrevocable trust fund.
Mr. Martinez said staff would provide a timeline and the revised appropriations without the
administration policy and the funding of GASB 45.
Mayor Adar e announced that Item 22 was postponed until August 18th.
22. POSTPONED UNTIL AUGUST 'I 2009
•
e
commission duties, and d s losure of interests; pr
effective date.
* * * * * * * * * *
Mayor Adamreferred to Item 7 and the following board appointments were made:
Carus Christi Convention and Visitors Bureau
John Trice (Reappointed)
Art Granado (Reappointed)
Jyoti Patel (Reappointed)
Michael Womack (Reappointed)
Nils Stolzlechner (Appointed)
Daniel Dain (Appointed)
************
MayorAdame called for consideration of the consent agenda (Items 8 - 20). City Secretary
Chapa announced that Council Member Elizondo would abstain from the discussion and vote on
Item 16.a. Mr. Bill Kopecky requested that Item 15 be pulled for individual consideration. Council
members requested that Item 15 be pulled for individual consideration. City Secretary Chapa polled
the Council for their votes as follows:
Minutes — Regular Council Meeting
July 28, 2009 — Page
8. MOTION NO. 2009-210
Motion approving the purchase of three (3) tractor loader backhoes in the amount of
$187,366; and the lease purchase of one (1) articulating wheel loader, three (3) mini track
excavators, and two (2) tractor loader backhoes in the amount of $357,401.11 for a grand
total of $544,767.11. The equipment is awarded to the following companies for the following
amounts in accordance with Bid Invitation No. BI -0182-09, based on low bid, low bid meeting
specifications, and best bid. The construction equipment will be used by the Water and Gas
Departments. All units are replacements to the fleet. Funding for the purchase of the
equipment is available in the Capital Outlay Budget of the Maintenance Services Fund.
Financing for the lease purchased equipment will be provided through the City's
lease/purchase financing contractor.
Anderson Machinery
Corpus Christi, TX
Line Item: 1
$119,946
Valley Ditch Witch
Corpus Christi, TX
Line Item: 2
$121,909.11
Robstown Hardware H V Equipment
F b t ern, TX Corpus Christi, TX
Line Item: 3 Line Items: 4, 5,
$34,816 $268,096
Grand Total: $544,767.11
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
9. MOTION NO. 2009-211
Motion approving the purchase of one (1) tractor mounted slope mower and one (1) long
reach hydraulic excavator from the following companies for the following amounts based on
the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, for a
total amount of $335,686.58. The equipment will be used by the Storm Water Department.
Both units are replacements to the fleet. Funding is available in the Storm Water
Maintenance and Operations Budget in FY 2008-2009.
Alamo Sales Corp. Waukesha Pearce Industries, Inc.
Seguin, Texas Houston, Texas
Line Item: 1 Line item: 2
$86,474.58 $249,212
Grand Total: $335,686.58
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting `,Aye"
10. MOTION NO. 2009-212
Motion authorizing the purchase of specialized equipment fora total amount of $138,698.38
utilizing funds from the 2007 Homeland Security Grant awarded to the City of Corpus Christi
and budgeted in the Fire Grant Fund 1062.
Minutes — Regular Council Meeting
July 28, 2009 Page
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martin , and Scott, voting "Aye".
11. MOTION NO. 2009-21
Motion approving the purchase of hardware, software, and services to upgrade the public
safety radio equipment to 700 Mhz from Dailey & Wells, f San Antonio, Texas based on
sole source for a total expenditure of $498,526.69. Funds are available through the Public
Safety Interoperability Communications Grant.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martin , and Scott, voting "Aye".
12. RESOLUTION NO. _02824'1
Resolution authorizing the City Manager or his designee, to execute a renewal of Interlocal
Cooperation Agreement with L l Mar College for the Fire Department tuse the College's
Training Field.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, M rt,ine , and Scott, voting "Aye".
13. RESOLUTION NO. 928242
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $35,000 to the Coastal Bend Council of Governments for recycling and anti -litter
education and to execute all related documents.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, M rtine , and Scott, voting "Aye".
14.a. RESOLUTION N. 028243
Resolution authorizing the City Manager or his designee to accept additional grant funding in
the amount of $2,140, from the Coastal Bend Council of Governments and to execute an
amendinent to the existing grant agreement to provide recycling and anti -litter education.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
14.b. ORDINANCE NO. 028244
Ordinance appropriating $2,140 in additional grant funding from the Coastal Bend Council of
Governments in the No. 1051 Solid Waste Grants Fund to provide recycling and anti -litter
education.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, , Leal, Marez, , Martine , and
Scott, voting "Aye".
Minutes — Regular Council Meeting
July 28, 2009 — Page 8
16.a. RESOLUTION N . 028246
Resolution nominating Citgo Refining and Chemicals Company, L.P., to the Office of the
Governor Economic Development & Tourism, through the Economic Development Bank, for
designation as a triple jumbo enterprise project, under the Texas Enterprise n Program
under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Kieschnick, Leal, Marez, Martin , and Scott, voting "Aye"; Elizondo abstained.
16.b. RESOLUTION NO. 028247
Resolution nominating Valero Refining — Texas, L.P., to the Office of the Governor
Economic Development & Tourism, through the Economic Development Bank, for
designation as a triple jumbo enterprise project, under the Texas Enterprise Zone Program
under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting 'Aye"
17. ES LUTI N N . 028248
Resolution authorizing the City Manager or his designee to execute a contract for the
collection of delinquent special assessments, demolition, and weed lien accounts with
Linebarger, Goggan, Blair & Sampson, LLP for a fee of 25% of principal and interest
collected on delinquent accounts turned over to law firm.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
18. MOTION N . 2009-214
Motion authorizing the City Manager or his designee, to execute a professional services
agreement with HDR Engineering, Inc. of Corpus Christi, Texas in an amount not to exceed
$'188,900.66 for the Landfill Gas to Energy Development Assistance.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"
19. MOTION NO. 2009-21
Motion authorizing the City Manager or his designee to execute a construction contract with
KJM Commercial of Corpus Christi, Texas, in the amount of $957,504 for the Heritage Park
Cultural Center Historical Preservation/Renovation project for the Total Base Bid plus
Additive Alternate No. 1. (Bond Issue 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"
Minutes — Regular Council Meeting
July 28, 2009 — Page
20. MOTION NO. 2009-21
Motion authorizing the City Manager or his designee to execute a construction contract with
Ram-Bro Contracting, Inc. of Robstown, Texas, in the amount of $500,885 for ADA Ramp
and Sidewalk Improvements for Street Overlays Part A (Clusters 1 & 3), Part B (Cluster 2)
and Part C (Cluster 4) for the Total Base Bid.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Mayor Adame opened discussion on Item 15 regarding the application for financial
assistance from the Texas Water Development Board for the Garwood Water Supply Project.
Council Member Adler reminded staff that this item is a council goal and to complete this project as
soon as possible. Bill Kopecky, 3609 Topeka, asked whether the pipeline will be further south and
not be stored at Lake Texana. Deputy Water Director Mark Van Vleck stated that the pipeline will go
directly into the west delivery system on the Mary Rhodes Pipeline and not through Lake Texana.
Council Member Martinez spoke regarding storage on the Colorado River. Mr. Van Vleck explained
that the concern with storage on the Colorado River is that an additional permit would be needed. In
response to Council Member Marez, Mr. Van V l eck stated that the application is a loan. J.E. O'Brien,
4130 Pompano, stated that he opposed the $8 million loan. Wilson Wakefield, 6026 Killarmet,
stated that he doesn't think there is enough water to do this study. Mr. Van Vleck clarified that this is
not a study but for the planning, design, and permitting of the pipeline. City Secretary Chapa polled
the Council for their votes as follows.
15. RESOLUTION i .-028245
Resolution by the City Council of the City of Corpus Christi requesting financial assistance
from the Texas Water Development Board in the amount of $8,000,000 for the planning,
design, and permitting of a pipeline and related facilities between the Colorado River and the
Mary Rhodes Pipeline pumping facility at Lake Texana; authorizing the filing of an
application for assistance} and making certain findings in connection therewith.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Elizondo was absent.
*
Mayor Ad acne referred to Item 21 regarding the 81st Legislative Session end report. Director
of Intergovernmental Relations Rudy Garza introduced Shanna Igo from the Texas Municipal
League (TML) and Snapper Carr with HilICo Partners. Mr. Garza referred to a powerpoint
presentation including the legislative process; the legislature advocacy efforts; Corpus Christi
Legislative Day at the Capitol; Coastal Bend legislative efforts; the City's priority legislation; other
legislation of interest; support efforts; special session results, and preparation for next legislative
session. M. Igo provided an overview in the bilis filled and passed: the TML policy committees; and
the interim activities. Mr. Carr gave an update on the major statewide legislative accomplishments.
The following topics pertaining to this item were discussed: the changing of the election date
for the City; the gaming issue; windstorm insurance; and prohibited use of cell phones in school
zones.
Minutes — Regular Council Meeting
July 28, 2009 — Page 10
Mayor Adame opened discussion on Item 23 regarding a competitive funding application for
broadband initiatives and technology opportunities. Director of Municipal Information Systems (MIS)
Michael Armstrong provided a brief overview of this item including a background; the application
timeline; grant projects the City is considering; and partnerships.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
23. RESOLUTION NO. 028249
Resolution authorizing the City Manager or his designee to submit a competitive funding
application to the National Telecommunications and Information Administration (NTIA) for
Broadband Initiatives Program (B1P) and Broadband Technology Opportunities Program
Funding (BTOP) under the American Recovery and Reinvestment Act of2009 and execute
all related documents.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Eliz nd , Kieschnick, Leal, and Martinez, voting "Are"; Marez and Scott were
absent.
Mayor Adame opened discussion on Item 24 regarding the WiFi system. Mr. Armstrong
referred to powerpoint presentation including a brief history; EarthLink; recovery activities; new
public hot zones; current government applications; current government applications; pending
partnerships; issues; Automated Meter Reading (AMR) requirements; video requirements; and
future technology.
In response to Council Member Chesney, Mr. Armstrong stated that when the City
reacquired the network from EarthLink, the City received the network; retained the cash payment;
the improvements; and inventory. Council Member Leal asked questions regarding the initial cellular
phones for the WiFi system. Mr. Armstrong said the City has had these phones for two (2) months
and they are working.
Mayor r Adam called for comments from the audience. J.E.O'Brien, 4130 Pompano, spoke
regarding more debt.
City Secretary Chapa polled the Council for their votes as follows:
24. IV1 TI N NO. 2009-217
Motion authorizing the lease/purchase of equipment, acquisition of technical consulting
services, and five years of support and maintenance from Tropos Networks of
Sunnyvale, California for support of the City's automated meter reading system and wireless
network for a total of $1,767,645. This acquisition will be financed for a period of 5 years by
Frost Financial Services of Corpus Christi, Texas.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Eliz rid , Leal, Marez, Martine , and Scott, voting "Aye"; Kieschnick was
absent.
Mr. Armstrong announced that Corpus Christi will be the 4th city in the nation to receive
Wimax Technology.
Minutes — Regular Council Meeting
July 28, 2009 — Page 11
Mayor Adame opened discussion on item 25 regarding an appropriation from the Water
Fund. Assistant Director of Management and Budget Eddie Houlihan explained that this item is
appropriating $2.5 million from excess revenues in the water fund. Mr. Houlihan stated that the City
Charter prohibits funds from overspending appropriations approved by the City Council. Mr.
Houlihan added that the fund overspent due to increased water sales; increased water chemical
usage; and excessive water line breaks.
Council Member Martinez asked whether staff took into consideration drought conditions. Mr.
Houlihan stated that staff did not anticipate drought conditions in the revenue estimates.
Mayor called for comments from the audience. J.E. O'Brien, 4130 Pompano, spoke
regarding the proposed increase in water rates for the upcoming budget.
City Secretary Chapa polled the Council for their votes as follows:
25, ORDINANC NO. 028250
Ordinance appropriating $2500000 from excess revenues in the Water Fund 4010 for
increased chemical personnel materials and supply costs; changing the FY 2008-2009
Budget adopted by Ordinance No. 027776 by increasing both revenues and expenditures by
$2,500000 each.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
Mayor Adame opened discussion on Item 26 regarding the Corpus Christi Business and Job
Development Corporation (4A Board) Affordable Housing — New Construction Program and
guidelines. Assistant City Manager and Interim Director of Neighborhood Services Margie Rose
provided a brief overview of the item including a background, the purpose, general program
description; builders eligibility; construction standards; homebuyer eligibility; lender requirements;
title company requirements; and the application criteria and process.
The following topics pertaining to this item were discussed: suggesting to the 4A board to
reduce the amount of the deferred forgivable loan; construction for building accessible homes; the
commitment period; the timeline for builder eligibility inquiries; and the status of the stimulus funds
for down payment assistance.
Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames,
commended the 4A board and spoke regarding making homes accessible.
City Secretary Chapa polled the Council for their votes as follows:
26. RESOLUTION No. 028251
Resolution approving the Corpus Christi Business and Job Development Corporation's
Affordable Housing — New Construction Program and the program guidelines.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent.
Minute — Regular Council Meeting
July 28, 2009 — Page 12
Mayor Adame opened discussion on Item 27 regarding the second reading to adopt the
FY2009-2010 operating budget and ratifying the increase in property tax revenues from last year's
operating budget. Assistant City Manager Oscar Martinez stated that this item will include discussion
on a Part 1 and Part 2 and the funding of the GASB liability.
Mr. Martinez requested that Council approve Part 1 to fund some of the requested items and
programs previously discussed by the Council.
Council Member Martinez made a motion to amend the ordinance adopting the City of
Corpus Christi budget for FY2009-2010 prior to second reading to increase funding for arts
programs; reinstating funding for Municipal Court judge; increased funding for park maintenance;
adjustments to Hotel Occupancy Tax Fund, Water Fund, Strom Water Fund and Development
Services Fund; and increased parking fine revenues. The motion was seconded by M. Adler.
Abel Alonzo, 1701 Thames, spoke regarding the reduced funding for the intergovernmental
Relations Department and the Human Relations Department. J.E. O'Brien, 4130 Pompano, stated
that be opposed the adoption of the proposed budget. Mr. O'Brien suggested that the funding for the
charter amendment election be restored and spoke regarding the issuance of revenue bonds; the
increase in parking fees and utility rates; and ratifying the increase in property tax. Mr. O'Brien also
recommended setting a time certain in the future to discuss the budget. Marr Young, Manager of the
Nueces County Water District, spoke regarding the water rate increases proposed for the district.
The following topics pertaining to this motion were discussed: the storm water fees
embedded in the water fund; increasing the funding for the Human Relations Department by
eliminated the additional funding proposed for Animal Control by $44,000; the water rate for the
Nueces County Water District; whether the fee/rate increases are included as part of the budget;
funding for GASB; the increase in parking fees; reducing additional travel funding; the amount of the
travel budget that is to maintain licensing and certification requirements; travel for fire and police;
and the number of employees that are required to renew their licenses this year and the cost of the
training.
Mr. Chesney made a motion to amend Ms. Martine 's motion to include reducing the general
fund travel by $18000 to fund the Sister City program in the amount of $18,000. The motion was
seconded by Mr. Kieschnick. Ms. Martinez accepted the amendment, seconded by Ms. Adler.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, , Leal, Marez, Martinez, and Scott, voting "Aye".
City Secretary Cha pa polled the Council for their votes on M. Martinet's motion on Part 1 as
amended:
The foregoing motion was passed and approved as amended with the following vote:
Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
Mr. Chesney made a motion to increase the current parking rates by only 30%. The motion
died for lack of second.
Mr. Martinez opened discussion on the potential funding options on Part 2, to amend the
budget prior to second reading to fund the following programs: 1) Youth summer programs -
$121,000; Sister City t Park maintenance -- $117,000; Beach operations —
Minutes — Regular Council Meeting
July 28, 2009 — Page 13
$20,500; Violet Pool - $22,000; and Animal Control - $44,000. Mr. Martinez referred to a
powerpoint presentation included the sales tax actuals for FY2008 and 2009 compared to FY2 1 ;
funding identified; remaining unfunded items; and funding options.
The following topics pertaining to this item were discussed: reducing costs on vehicles
purchased by reducing the number of take home cars; the current number of take home vehicles;
anticipated additional revenue from the tax appraisal district; the spay and neuter fees; receiving
donations to support specific departments; and the reductions required from each department for
this budget.
Mr. Martinez stated that staff was recommending Option 3 of the funding options to wait and
evaluate the financial condition after the first quarter.
Mr. Marez made a motion to use the fund balance amount of $324,500 to fund the
recommended programs in Part 2. The motion was seconded by Mr. Kieschnick. Mr. Martinez stated
that the financial policies would have to be amended. A brief discussion ensued regarding the other
funding options and staffs recommendation. Mr, Marez withdrew his motion.
Mr, Chesney made a motion to require all departments to reduce their budgets by 1.2 % to
fund the $324500. The motion was seconded by Mr. Elizondo. Ms. Martinez made a motion to
amend Mr. Chesney's motion to reduce the .2% to .5%. The motion was seconded by Mr. Marez. A
brief discussion ensued regarding whether departments could make additional reductions;
consideration of evaluating the financial condition after the l st quarter; and deleting $44,000 for
Animal Control and add $44000 to Human Relations. Ms. Martinez withdrew her amendment.
City Secretary Chapa polled the Council for their votes on Mr. Chesney's original motion.
The foregoing motion failed with the following vote: Chesney, Elizondo, and Kieschnick,
voting ,Aye"; Adame, Adler, Leal, Marez, Martinez, and Scott, voting "No".
Mr. Scott made a motion that all departments reduce their budget by 1%; wait to fund; and
evaluate the financial condition after the 1st quarter-. The motion was seconded by Mr. Chesney. City
Secretary Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, azondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Mr. Kieschnick directed staff to evaluate the number of take home vehicles.
Mr. Chesney made a motion to not fund GASB on a one-time basis with direction to staff to
meet with the parties, with the City Manager or Assistant City Manager involved in those meetings,
and report back to the City Council in 45 days. The motion was seconded by Mr. Kieschnick. A brief
discussion ensued regarding the fire premiums. Mr. Chesney amended his motion to include pulling
the reserve of 8.5% and pay as you go of 9% from the fire plan and report back in 45 days with a
solution. The amendment was accepted by Mr. Kieschnick.
The following topics pertaining to this item were discussed: whether the City intends to find a
solution to pay GASB; consider creation of a Citi -care fully insured program for retirees; extend to
the police and fire retirees whether they would like to participate in Citi -care program; continue to
work on a police and fire combined plan and an unblended option; whether the contracts will have to
be opened; whether 45 days is enough time; developing a health care clinic; and the GASB funding
for last fiscal year.
Minutes — Regular Council Meeting
July 28, 2009 — Page 14
City Secretary Chapa polled the Council on their votes as follows:
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, Marlinez, and Scott, voting "Aye"; Leal voting "No".
Mr. Marez directed staff to find the resources to fund a health care clinic.
Mayor Adame called for comments from the audience, Ron DeLord, representative for
CLEAT, spoke regarding the staff having a pre -determined position for retirees. Mr. DeLord asked
Council to direct staff to review other positions to figure out the best options for retirees. Mr. DeLord
stated that he does not support funding GASB or unbundling retirees. Mike Staff, President of the
Corpus Christi Police Officers Association, spoke regarding the money allocated for GASB in last
fiscal year; un -blending retirees; and involving all of the stakeholders in the meetings to resolve the
GASB issue. Mr. Kieschnick suggested the Council be involved in those meetings. Joan Veith, 5701
Cain Drive, stated that thCouncil needs to talk tthe experts before making a decision on GASB.
Carlos Torres, President of Corpus Christi Firefighters Association; stated that GASB does not need
to be funded only reported. Mr. Torres spoke regarding inclusiveness during the meetings and what
other cities are doing on the GASB issue.
Ms. Leal made a motion to not fund GASB 45. The motion failed for lack of second.
Mr. Chesney made a motion t add a Council presentation with possible action from outside
experts on GASB within 45 days to include what the 10 largest cities are doing. The motion was
seconded by Mr. Kieschnick. City Secretary Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal voting "No".
Mr. Martinez recommended that the ordinance adopting the budget be amended to reflect
the accurate changes to the expenditures and revenues. Ms. Martinez made a motion t amend the
ordinances as proposed, seconded by Mr. Scott.
City Secretary Chapa polled the Council for their votes as follows:
27.a. ORDINANCE NO. 028252
Adopting the City of Corpus Christi budget for the ensuing Fiscal Year beginning August 1,
2009; to befiled with the County Clerk; appropriating monies as provided in the budget.(1st
Reading — 7/14/09)
The foregoing ordinance was passed and approved as amended on its second reading with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martine , and
Scott, voting "Aye"; Leal voting "No".
27.b. ORDINANCE N ._028253
To ratify increase of $2,971,452 in Property Tax Revenues from last year's Operating
Budget as reflected in the FY 2009-2010 Operating Budget. (1st Reading — 7/14/09)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting
"Aye"; Leal voting "No".
Minutes — Regular Council Meeting
July 28, 2009 -- Page 15
Mayor Adame opened discussion on Item 28 regarding the Compensation and Classification
Plan for FY2009-2010. Director of Human Resources Cynthia Garcia stated that staff is
recommending adoption of the ordinance as presented.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
28. ORDINANCE NO. 028254
Amending the Code of Ordinances, Chapter 39, Personnel, Article Ili Employee
Compensation and Classification System, revising Section 39-303 to include pay adjustment
for Commercial Driver's License (CDL) on Pay Plan 100, update minimum Pay Plan
200, adjust police management pay range on Pay Plan 300, add provision for 5% salary
differential above employees supervised by select positions in Pay Plan 400; modify work
coordinator career ladder maximum pay ranges, change pay grades on Pay Plan 1000;
revising Section 39-304, Classified Service defined to clarify pay plans exempt from
classified service; revising Sections 39-337 and 39-352 to clarify use of sick leave consistent
with the Family and Medical Leave Act (FMLA); revising Section 39-362 to clarify that prior
service of a temporary employee shall not be considered and recognition of prior service
after completion of probationary period; adding Section 39-368 Catastrophic Leave Program;
repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with
this ordinance; providing for effective date and providing for severance. (First Reading 7/14/09)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
Mayor Adame opened discussion on Item 29 regarding fee and rate increases and proposed
fees and rates in support of the FY2 0 -2010 proposed budget. Assistant Director of Budget Eddie
Houlihan eplained that this item includes the second reading of Items c -e and new items that were
added after the first reading of the proposed budget to increase parking fines and setting a monthly
maximum of the volume of water that can be taken out of Lake Corpus Christi by unmetered
customers.
Mr. Matneirecommended a motion be made to amend Item 29.c. to change the treated
water rates purchased for resale where the water is delivered to the resale entity through City
facilities and for Large Volume - Outside City Limit customers from $1.564 to $1.435. Mr. Marez
made a motion to amend Item 29.c. as proposed. The motion was seconded by Mr. Scott.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, , illlartine , and Scott, voting "Aye".
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
29.a. ORDINANCE NQ, 028255
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 53 regarding
parking fines; providing for penalties; and providing for publication; and providing for an
effective date.
Minutes — Regular Council Meeting
July 28, 2009 — Page 16
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye";
Chesney, Kieschnick, and Leal, voting "No".
29.b. MOTION NO.__2009-218
Motion to amend Section 1 of the Ordinance Amending the Code of ordinances, City of
Corpus Christi, Chapter 55, Utilities, Regarding Water, Gas, and Wastewater Rates and
Fees, passed on first reading on July 14, 2009, by revising Section - 9 a 1 b.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Marez, Martinez, and Scott, voting `Aye"; Chesney, Kieschnick, and Leal, voting
"No".
29.c. ORDINANCE NO. 02825
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding
water, gas and wastewater rates and fees, providing an effective date. (First Reading —
7/14/09).
The foreoing ordinance wapassed and approved as amended on its second reading with
the following vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye",
Chesney, Kieschnick, and Leal, voting "No".
29.d. O D1NANCE NO. 028257
Amending Section 55-7, "Local Exchange Access Line 9-1-1 Service Fee,, of the Code of
Ordinances, by increasing the service fees of residential, business, and business trunk local
exchange access lines; providing for an effective date; and providing for publication. (First
Reading — 7/14/09)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye"; Chesney,
Kieschnick, and Leal, voting "No'k
29.e. ORDINANCE N .028258
Amending the Code of Ordinances, City of Corpus Christi, Chapter 29 Municipal Court,
regarding Juvenile Case Manager Fee increase; and providing for publication. (First Reading
— 7/14/09)
The foregoinordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye": Chesney,
Kieschnick, and Leal, voting "No".
29.f. ORDINANCE No. 028259
Amending the Code of Ordinances, Chapter 21, Article 1, Section 21-1 by revising the
definition for `{Cary Account"; amending Article IV, Section 21-40(a) by revising Solid Waste
resource recovery fees and enacting a residential cart collection fee; amending Article 1V,
Sections 21-47(a) and (b) by revising the State Agency reference and the Municipal Slid
Waste System service charges; providing for an effective date; providing for publication; and
providing for penalties. (First Reading — 7/14/09)
Minutes — Regular Council Meeting
July 28, 2009 — Page 17
The foregoing ordinancewpassed and approved on its second reading with the following
vote: Adame, Adler, Elizondo, Marez, M rtine , and Scott, voting �' ye' ; Chesney,
Kie hni , and Leal, voting "No".
29.g. ORDINANCE.NO.Q28260
Revising Section 55-70(9), Code of Ordinances, City of Corpus Christi, to increase water tap
fees; providing for penalties; and providing for publication. (First Reading — 7/14/09)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye"; Chesney,
Ki sohni l , and Leal, voting "No".
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at : 8p.m. on July 28, 2009.