HomeMy WebLinkAboutMinutes City Council - 10/20/2009MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 20, 2009 - 12:00 p.m.
PRESENT
Mayor Pro Tem John Marez
Council Members:
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
Nelda Martinez
Mark Scott
Absent:
Mayor Joe Adame
City Staff:
City Manager Angel R. Escobar
Interim City Attorney Lisa Aguilar
City Secretary Armando Chapa
Mayor Pro Tem Marez called the meeting to order in the Council Chambers of City
Hall.
The invocation was delivered by Mr. Ceven C. Cullens of Real Life Fellowship and
the Pledge of Allegiance to the United States flag was led by Council Member Kevin
Kiesch nick.
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 Pro Tem Marez called for approval of the minutes of the regular Council
meeting of October 13, 2009. A motion was made, seconded and passed to approve the
minutes as presented.
************
Mayor Pro Tem Marez announced the executive sessions, which were listed on the
agenda as follows. (Note: Council Member Chesney did not attend or participate in the
discussions related to Item No. 2.)
2. Executive session under Section 551.071, 551.072 and Section 551.087 of the
Texas Government Code for deliberations regarding the lease of real property and
for deliberations regarding the offer of a financial or other incentive to a business
prospect relating to Memorial Coliseum with possible discussion and action related
in open session.
3. Executive session pursuant to Texas Government Code, Section 551.074
Personnel Matters for deliberations on former Municipal Juvenile Court Judge
regarding appointment, employment, evaluation, reassignment, duties, discipline, or
Minutes — Regular Council Meeting
October 20, 2009 — Page 2
dismissal of a public officer or employee or to hear a complaint or charge against an
officer or employee.
4. Executive session under Texas Government Code Section 551.071 for consultation
with its attorney regarding Nueces County Water Control and Improvement District
No. 4 vs. City of Corpus Christi, before the Texas Commission on Environmental
Quality, TCEQ Docket No. 2008-1473-UCR, SOAH Docket No. 582-09-1170, with
possible discussion and action in open session.
5. Executive session under Texas Government Code Section 551.071 regarding San
Patricio Municipal Water District and South Texas Water Authority vs. City of
Corpus Christi, Cause No. 08-5366-G in the 319th Judicial District Court, Nueces
County, Texas, with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive
session. No action was taken.
************
Mayor Pro Tem Marez deviated from the day's agenda and announced Presentation
Item No. 19, State of Texas Artificial Reef Program.
Mr. J. Dale Shively, Program Coordinator for the State of Texas Artificial Reef
Program, Texas Parks & Wildlife was the presentor. Mr. Shively stated that a Near Shore
Reefing Program is designed to increase marine habitat in the Gulf of Mexico, enhance
fishing and diving opportunities and develop reef sites close to shore within State waters.
He mentioned that in the Corpus Christi and Port Aransas area there are two old reefs that
were inherited when the program first began, the Boatmen's and LoneStar located about 5
and 9 miles offshore. He further explained the criteria used for a reef site location, reef site
layout and design, and identified materials of opportunity to the State such as concrete
culverts, reef balls, quarry rocks, concrete power poles.
Mr. Shively mentioned that in 2009, the Texas Parks & Wildlife reefed a Tugboat in
the Port Mansfield area, and the Humble Channel Bridge Material. He stated that their
partners are the Coastal Conservation Association, Recreational Fishing Alliance,
Matagorda County Government, Port Mansfield Reefing Community, and Reef -Man, LLC.
Mr. Shively explained what is involved in acquiring a Ship and used the Texas
Clipper Ship as an example. He added that the Texas Clipper Ship was used in World
War II, then used by Texas A&M University — Galveston as a research vessel. It was
berthed in Beaumont, Texas. It took about 10 years to get the title transfer, contracted the
Ship to be moved to Brownsville, Texas for cleanup and modification including debris and
material removal. The next phase was removal of hazardous type materials such as
asbestos, hydrocarbons, PCBs, and bilge water, and identified the quantity of materials
that were remediated. The ship was reefed November 2007.
In response to a question by Council Member Scott, Mr. Shively stated that the
process for a reef program involves establishing a working group, locating and surveying
Minutes — Regular Council Meeting
October 20, 2009 — Page 3
the area for the reef program, submitting a permit to the U.S. Corps of Engineers, holding
public hearings, obtaining surface lease agreement from the General Land Office, and
other necessary steps. Mr. Scott has for a proposed timeline including costs for a reef
program.
Council Members asked questions about the average costs for a ship reef;
advantage of concrete structures; required proximity to shore; costs of building materials;
and removal of hydrocarbons.
The next presentation was Item No. 18, Refinery and Petrochemical Industry. Mr.
Kevin Ferrall, Citgo, recognized Dennis Payne, Valero; Tom Curlee, Port Industries
Coordinator, Lilllian Riojas, Valero and Craig Brown, Flint Hills. He stated that the Port
Industries is comprised of 15 refineries, petrochemical, and fabrication companies located
in Nueces, San Patricio, and Kleberg counties. He discussed the economic future of the
industry and stated that in 2009, Valero closed plants in Aruba with units in Delaware City
and Corpus Christi; Sunoco closed their plant in New Jersey; LyondellBasell closed a unit
in Corpus Christi; and Flint Hills curtailed a plant in Odessa.
Mr. Ferrall provided an overview of the following: competitive factors, cost of doing
business at the Port and displayed a chart depicting the increase in wharfage, dockage and
security fees; proposed Port 2010 Marine Security Force including the approval of three
boats; opposition by Industry of Marine Security proposal; proposed Coastal Bend Security
Advisory Council, status of the Port, and highlighted some key points to sustain the
economic development mission. He added that the proposed formation of the SAC would
be comprised of the Port, Industry, Coast Guard, City and Counties entities, but the Port
did not support this concept.
Council members discussed the following: security issues, port projects causing
tariff increases, deferring La Quinta project, future of the refineries, creation of security
advisory council, review of the port appointment process including all stakeholders,
accountability to the voters, costs of maintenance and operation of the security boats; and
comparison of tariff structure with other gulf coast facilities.
City Manager Escobar announced that Item No. 20, an update on Change in Fiscal
Year was being postponed.
* * * * * * * * * * * * *
Mayor Pro Tem Marez called for petitions from the audience.
Jerry Garcia, Southside Youth Sports Complex, stated that he was satisfied with the
information provided regarding improvements in the Westside area; Wilson Wakefield,
6026 Killarmet, spoke in opposition of Las Brisas Plant; Trian Serbu, 14310 Playa del Rey,
spoke about the proposal for the Memorial Coliseum; Chad Magill, spoke about working
together as a community; Rudy Medina, 5413 Cain Drive, spoke about code violations and
needed repairs to a fence due to canopy trees and light issues; Susie Luna-Saldana, 4710
Hakel, spoke about the time change for the public comment period; Mary Ann Kelly, 4302
Schanen, spoke about the status of a Charter Revision amendment election; Alicia
Minutes — Regular Council Meeting
October 20, 2009 — Page 4
Benavidez, 7252 Mansions Drive, thanked the council for the selection of the development
proposal for Memorial Coliseum and spoke in support of the memorial veteran's plaque;
Laurie Wood, 3517 Denver, spoke about an article and a bill passed by the Legislature
regarding clean energy; Unidentified Citizen, spoke in support of clean energy; Abel
Alonzo, spoke about clean air and Las Brisas Plant; Tim Byerly, 7722 San Jacinto Circle,
spoke in support of open air space; James Chrobocinski; 15518 Gypsy, spoke about
memorial coliseum project.
*************
Mayor Pro Tem Marez called for consideration of the consent agenda (Items 6 —
16). There were no comments from the public. City Secretary Chapa polled the Council
for their votes as follows:
6.a. RESOLUTION NO. 028351
Resolution authorizing the City Manager or his designee to accept a grant of
$174,439 from the Texas Department of State Health Services for personnel costs,
equipment and other expenses to fund a public health emergency response
program relating to a plan for responding to an act of terrorism and to execute all
related documents; and ratifying acceptance of the grant agreement to begin
September 15, 2009.
The foregoing resolution was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye"; Adame,
"Absent".
6.b. ORDINANCE NO. 028352
Ordinance appropriating a grant of $174,439 from the Texas Department of State
Health Services in the No. 1066 Health Grants Fund to provide a public health
emergency response program relating to a plan for responding to an act of
terrorism.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye"; Adame, "Absent".
7.a. RESOLUTION NO. 028353
Resolution authorizing the City Manager or his designee to accept a grant of
$845,500 from the Texas Department of State Health Services to provide for the
Women, Infants and Children (WIC) program, based on an $11.81 reimbursement
for each participant served, and to execute all related documents; and ratifying
acceptance of grant agreement to begin October 1, 2009.
The foregoing resolution was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye"; Adame,
Minutes — Regular Council Meeting
October 20, 2009 — Page 5
"Absent".
7.b. ORDINANCE NO. 028354
Ordinance appropriating a grant of $845,500 from the Texas Department of State
Health Services in the No. 1066 Health Grants Fund to provide for the Women,
Infants and Children (WIC) program, based on an $11.81 reimbursement for each
participant served.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye"; Adame, "Absent".
8.a. RESOLUTION NO. 028355
Resolution authorizing the City Manager or his designee to accept a grant of
$202,923 from the Texas Department of State Health Services to provide essential
public health services and to execute all related documents; and ratifying
acceptance of grant agreement to begin September 1, 2009.
The foregoing resolution was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye"; Adame,
"Absent".
8.b. ORDINANCE NO. 028356
Ordinance appropriating a grant of $202,923 from the Texas Department of State
Health Services in the No. 1066 Health Grants fund to provide essential public
health services.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye"; Adame, "Absent".
9.a. RESOLUTION NO. 028357
Resolution authorizing the City Manager or his designee to accept a grant of
$84,729 from the Texas Department of State Health Services to provide
tuberculosis prevention and control services and to execute all related documents;
and ratifying acceptance of grant agreement to begin September 1, 2009.
The foregoing resolution was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye"; Adame,
"Absent".
Minutes — Regular Council Meeting
October 20, 2009 — Page 6
9.b. ORDINANCE NO. 028358
Ordinance appropriating a grant of $84,729 from the Texas Department of State
Health Services in the No. 1066 Health Grants fund to provide tuberculosis
prevention and control services.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye"; Adame, "Absent".
10.a. RESOLUTION NO. 028359
Resolution authorizing the City Manager or his designee to accept a grant of
$22,500 from the Texas Department of State Health Services to provide laboratory
services for the analysis of bay water samples and to execute all related
documents; and ratifying acceptance of grant agreement to begin September 1,
2009.
The foregoing resolution was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye"; Adame,
"Absent".
10.b. ORDINANCE NO. 028360
Ordinance appropriating a grant of $22,500 from the Texas Department of State
Health Services in the No. 1066 Health Grants Fund to provide laboratory services
for the analysis of bay water samples.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye"; Adame, "Absent".
11.a. RESOLUTION NO. 028361
Resolution authorizing the City Manager or his designee to accept a grant of $5,000
from the Texas Department of State Health Services for supplies to provide flu
testing and to execute all related documents; and ratifying acceptance of grant
agreement to begin September 1, 2009.
The foregoing resolution was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye"; Adame,
"Absent".
11.b. ORDINANCE NO. 028362
Ordinance appropriating a grant of $5,000 from the Texas Department of State
Health Services in the No. 1066 Health Grants Fund to provide flu testing.
Minutes — Regular Council Meeting
October 20, 2009 — Page 7
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye"; Adame, "Absent".
12.a. RESOLUTION NO. 028363
Resolution authorizing the City Manager or his designee to execute all documents
necessary to accept a Weed & Seed grant in the amount of $142,000 for Corpus
Christi South East (Flour Bluff) Weed and Seed Community for the support of the
Weed & Seed Program from the U.S. Department of Justice (DOJ).
The foregoing resolution was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye"; Adame,
"Absent".
12.b. ORDINANCE NO. 028364
Ordinance appropriating a $142,000 grant from the United States Department of
Justice for the support of the Corpus Christi South East (Flour Bluff) Weed and
Seed Community FY 2009-2010 in the Federal/State Grant Fund No. 1067.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye"; Adame, "Absent".
13. ORDINANCE NO. 028365
Ordinance appropriating $400,000 from U. S. Environmental Protection Agency in
the No. 1071, Community Enrichment Fund for a three year community -wide
Brownfields Assessment Program.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye"; Adame, "Absent".
14. MOTION NO. 2009-296
Motion authorizing the City Manager or his designee to execute a construction
contract with Teal Construction Company of Corpus Christi, Texas, in the amount of
$673,010 for the Parks Operation Maintenance Facility at West Guth Park for the
Total Base Bid, Additive Alternate Bid No. 1, and Additive Alternate Bid No. 2.
(BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye"; Adame,
"Absent".
Minutes — Regular Council Meeting
October 20, 2009 — Page 8
15. MOTION NO. 2009-297
Motion authorizing the City Manager or his designee to execute a construction
contract with H&G Contractors, Inc. of Corpus Christi, Texas, in the amount of
$376,642.10 for the Las Colonias Subdivision Drainage Improvements and
Drainage Channel Clearing and Stabilization at Saratoga Bridge for the total base
bid.
The foregoing motion was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye"; Adame,
"Absent".
16. ORDINANCE NO. 028366
Second Reading Ordinance - Authorizing the City Manager or his designee to
execute an amendment to the Use Agreement with the South Texas Botanical
Gardens & Nature Center for the use of an additional 3.66 acres of land out of the
Botanical Gardens Park Unit 4 Subdivision, located north and adjacent to the South
Staples Street (Farm to Market Highway 2444) public right of way; to facilitate
expansion of the center; and providing for publication. (First Reading - 9/22/09)
An emergency was declared and the foregoing ordinance was passed and
approved on its second reading with the following the vote: Adler, Chesney,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye"; Adame, "Absent".
**********
Mayor Pro Tem Marez referred to Item No. 17, regarding an amendment to the City
Code of Ordinance. Mr. John Moseley, Corpus Christi Police Department provided a brief
overview on the amendment being proposed. He stated that the amendment
encompasses two parts of the Texas Transportation Code, Section 551.403, which allows
golf carts under the following three conditions: that it is in a master plan community with
restrictive covenants; public or private beach; or, to and from a golf course within a two
mile limit of a golf course and on a street that is 35 MPH or less. Secondly, the
amendment also includes parts of Section 551.404 with four conditions. He added that the
exceptions to Section 551.404, requires a valid driver's license and insurance on the golf
course and golf cart must be equipped with certain equipment.
There were no comments from the audience. City Secretary Chapa polled the
Council for their votes as follows:
17. ORDINANCE NO. 028367
Ordinance amending the Code of Ordinances, Section 53-109, by allowing limited
operation of a golf cart on public highway of not more than 35 miles per hour,
pursuant to Section 551.404 of the Texas Transportation Code; providing for
penalties; and providing for publication.
Minutes — Regular Council Meeting
October 20, 2009 — Page 9
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye"; Adame, "Absent".
* * * * * * * * * * * * *
Mayor Pro Tem Marez announced that the Council was returning to executive
sessions to discuss the following: (Note: Council Member Chesney did not attend or
participate in the discussions related to Item No. 2.)
2. Executive session under Section 551.071, 551.072 and Section 551.087 of the
Texas Government Code for deliberations regarding the lease of real property and
for deliberations regarding the offer of a financial or other incentive to a business
prospect relating to Memorial Coliseum with possible discussion and action related
in open session.
Executive session under Texas Government Code Section 551.071 for consultation
with its attorney regarding Nueces County Water Control and Improvement District
No. 4 vs. City of Corpus Christi, before the Texas Commission on Environmental
Quality, TCEQ Docket No. 2008-1473-UCR, SOAH Docket No. 582-09-1170, with
possible discussion and action in open session.
5. Executive session under Texas Government Code Section 551.071 regarding San
Patricio Municipal Water District and South Texas Water Authority vs. City of
Corpus Christi, Cause No. 08-5366-G in the 319th Judicial District Court, Nueces
County, Texas, with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive
session. No action was taken.
There being no further business to come before the Council, Mayor Pro Tem Marez
adjourned the Council meeting at 6:25 p.m. on October 20, 2009.
*************
I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of
the Regular Meeting of the Corpus Christi City Council of October 20, 2009, which were
approved by the City Council on October 27, 2009.
WITNESSETH MY HAND AND SEAL, on this the 27th day of October, 2009.
(S E A L)
Armando Chapa
City Secretary