HomeMy WebLinkAboutMinutes City Council - 05/11/2010MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 11, 2010 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Larry Elizondo, Sr.
Council Members:
Chris Adler
Brent Chesney
Kevin Kieschnick
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
City Staff:
City Manager Angel R. Escobar
City Attorney Carlos Valdez
City Secretary Armando Chapa
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor David Bendettwith Victory South Coast Church and
the Pledge of Allegiance to the United States flag was led by Council Member Chris Adler.
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 April 27,
2010. A motion was made and passed to approve the minutes as presented.
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Mayor Adame referred to Item 2 and the following board appointments were made:
Advisory Committee on Community Pride
Oscar Carmona (Appointed)
Sister City Committee
Christine Kailas (Appointed)
Gloria Sykes-Saucedo (Appointed)
Commission on Children and Youth
Lt. Tara Rene Martin (Reappointed)
Robert Mirabal, Jr. (Reappointed)
Betty Trigo (Appointed)
Dr. Ridge Hammons (Appointed)
Charles Imbergamo (Appointed)
Delia Oliveira (Appointed)
Ariana Cordero (Appointed)
Sally Ann Lewis (Appointed)
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Mayor Adame called for consideration of the consent agenda (Items 3 - 11). There were no
comments from the public. City Secretary Chapa polled the Council for their votes as follows:
3. MOTION NO. 2010-098
Motion approving the purchase of network hardware for the Public Health District from
Calence Insight Networking Solutions, of Austin, Texas in accordance with the State of
Texas cooperative purchasing program for a total amount of $51,743.60 under the
Community Preparedness Section/Public Health Emergency Response (PHER) Focus Area
I, Phase 3 Grant awarded to the Corpus Christi-Nueces County Public Health District and
available in the Health Grant Fund No. 9100.
INDEXED
Minutes — Regular Council Meeting
May 11, 2010 — Page 2
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
4. MOTION NO. 2010-099
Motion approving the purchase of Laboratory Information Management System (LIMS) for
the Public Health District from STARLIMS Corporation, of Hollywood, Florida in accordance
with the State of Texas cooperative purchasing program fora total amount of $163,308.33
under the Local Public Health Preparedness/Public Health Emergency Response (PHER)-
Focus Area II Grant awarded to the Corpus Christi-Nueces County Public Health District and
available in the Health Grant Fund 9100.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
5.a. MOTION NO. 2010-100
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$165,840 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.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
5.b. ORDINANCE NO. 028587
Ordinance appropriating $165,840 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: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
6.a. RESOLUTION NO. 028588
Resolution authorizing the City Manager or his designee to accept a grant from the Coastal
Bend Regional Advisory Council in the amount of $8,501.09 to be used for the purchase of
equipment, supplies, and services to support the delivery of emergency medical services for
the Corpus Christi Fire Department.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
6.b. ORDINANCE NO. 028589
Ordinance appropriating $8,501.09 from the Coastal Bend Regional Advisory Council into
the No. 1056 Ambulance Grant Fund to purchase equipment, supplies, and services to
support the delivery of emergency medical services for the Corpus Christi Fire Department.
Minutes — Regular Council Meeting
May 11, 2010 — Page 3
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".
7.a. RESOLUTION NO. 028590
Resolution authorizing the City Manager or his designee to accept a $56,793 grant awarded
by the Corporation for National and Community Service for Retired and Senior Volunteer
Program (RSVP).
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
7.b. ORDINANCE NO. 028591
Ordinance appropriating a $56,793 grant from the Corporation for National and Community
Service in the No. 1067 Parks and Recreation grants fund for the Retired and Senior
Volunteer Program (RSVP).
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".
8. RESOLUTION NO. 028592
Resolution authorizing the Director of the Corpus Christi — Nueces County Public Health
District to execute an Interlocal Cooperation Agreement with the City of Bishop to provide
food establishment permitting services within Bishop and to collect all necessary fees.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
9. ORDINANCE NO. 028593
Ordinance authorizing the resale of ten (10) properties for $56,000 which were foreclosed
upon for failure to pay ad valorem taxes, of which the City shall receive $7,094.98 plus
$11,289.01 for partial payment of City paving and demolition liens.
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".
10.a. MOTION NO. 2010-101
Motion authorizing the City Manager to enter into an outside city limits water contract with
Richard and Beatrice Hinojosa to provide public water to their property located outside the
city limits on Jurica Road (CR 37) south of Saratoga Boulevard (SH 357) and east of Old
Brownsville Road (FM 665), on Lot 27A, William Robertson Farm Tracts under Section 55-
111, Code of Ordinances.
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
May 11, 2010 — Page 4
10.b. MOTION NO. 2010-102
Motion authorizing the City Manager to enter into a Sanitary Sewer Connection Agreement
with Richard and Beatrice Hinojosa until wastewater services are available to the property
known as Lot 27A, Williams Robertson Farm Tracts.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
11.a. ORDINANCE NO. 028594
Declaring each of the four City -owned properties listed and described in the attached Exhibit
"C" as surplus property, three which are narrow in shape and not suitable for building, one
that lacks paved access to and from public roads, and all of which are small in area. (First
Reading — 04/27/10)
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".
11.b. ORDINANCE NO. 028595
Authorizing the sale of each of the four surplus properties listed and described in the
attached Exhibit "C" to (1) abutting landowners in the same subdivision, or (2) abutting
property owners in proportion to their abutting ownership; and authorizing the City Manager
or his designee to execute the deeds and any related documents necessary to complete the
sales and convey the properties. (First Reading — 04/27/10)
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".
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Mayor Adame announced the executive sessions, which were listed on the agenda as
follows:
12. Executive Session under Texas Government Code Section 551.071 regarding American GI
Forum vs. City of Corpus Christi, Texas Cause No. 10-60455-4, in the County Court at Law
Number 4, Nueces County, with possible discussion and action in open session.
13. Executive Session under Texas Government Code Section 551.071 regarding Friends of the
Coliseum vs. City of Corpus Christi, Texas Cause No. 10-000769, in the 250th District Court,
Travis County, with possible discussion and action in open session.
14. Executive session under Texas Government Code Section 551.071 regarding Cause No.
09-1755-H, Mirosalva Mares-Sabala and Ivon Cruz Quinones, Individually and as Next
Friend of Joshua Quinones vs. City of Corpus Christi, in the 347th Judicial District, Nueces
County, Texas, with possible discussion and action in open session.
Minutes — Regular Council Meeting
May 11, 2010 — Page 5
15. Executive session pursuant to Texas Government Code Section 551.074, Personnel
Matters, to deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of Municipal Court Judges with possible discussion and action in
open session.
The Council went into executive session. The Council returned from executive session.
MayorAdame advised the public that the executive sessions held regarding the Memorial Coliseum
(Items 12 and 13) were informational only and that no action was taken or will be taken in open
session. The following motions were passed and approved with the following vote:
14. MOTION NO, 2010-103
Motion authorizing the City Manager to settle Cause No., 09-1755-H, Mirosalva Mares-
Sabala and [von Cruz Quinones, Individually and as Next Friend vs. City of Corpus Christi; In
the 347th Judicial District Court; Nueces County, Texas, for the total sum of $120,000.00,
subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott was absent.
15. ORDINANCE NO. 028596
Ordinance appointing Ray A. Gonzalez and L. Gayle Nelson as Part-time Judges of the
Municipal Court of Record in the City of Corpus Christi, Texas; 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".
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MayorAdame referred to Item 16, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0310-05, John Carlisle: A change of zoning from the "B-3" Business District to the
"1-2" Light Industrial District resulting in a change of land use from Pet Resort Business to
Pet Resort Business with outdoor dog walk area use on property described as a 0.969 -acre
property located in Laguna Business Center, Block B4, Lot 1, generally located at the
northwest corner of the intersection of First National Boulevard and Compton Road, at 1217
First National Boulevard.
Assistant City Manager of Development Services Johnny Perales referred to a powerpoint
presentation including a 2009 aerial photograph; the zoning map; the existing land use map; the "B-
3" and 1-2" allowable uses; views of the subject property; and accident potential zones 1 & 2. Mr.
Perales stated that the Planning Commission and staff recommended denial of the "1-2" Light
Industrial District and in lieu thereof approval of a "B-3/SP" Business District with a Special Permit;
subject to a Site Plan.
No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close
the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their
votes as follows:
Minutes — Regular Council Meeting
May 11, 2010 - Page 6
16. ORDINANCE NO. 028597
Amending the Zoning Ordinance, upon application by John Carlisle, by changing the Zoning
Map in reference to 0.969 acres out of Laguna Business Center, Block 64, Lot 1, from "B-3"
Business District to "B-3/SP" Business District with a Special Permit to allow a change in
land use from Pet Resort Business to a Pet Resort Business with outdoor dog walk area,
subject to a Site Plan; amending the Comprehensive Plan to account for any deviations from
the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and
providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting
"Aye"; Marez and Scott were absent.
Mayor Adame referred to Item 17, a public hearing on a street closure for South Oso
Parkway. Assistant City Manager of Development Services Johnny Perales requested that Council
postpone this item.
Mr. Chesney made a motion to postpone Item 17. The motion was seconded by Mr.
Elizondo. The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye"; Marez and Scott were absent.
17. POSTPONED BY STAFF
and a 5.17 acre tract described in Volume 2358, Page 343, of the Deed Records of Nueccs
County, Texas, being a portion of Section 31, of the Laureles Farm Tracts, recorded in
Volume 3, Page 15, of the Map -Record -s of Nueces County, Texas, said public right of way,
right of way; subject to compliance with the specified conditions.
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Mayor Adame opened discussion on Item 18 regarding the membership of the Mayor's
Fitness Council. Pride/Clean City Coordinator Angela Rowe explained that this item was for approval
to amend the Code of Ordinances regarding the membership of the Mayor's Fitness Council.
Council Member Leal spoke regarding district representation on the Mayor's Fitness Council
and stated that every district should have at least one representative. Rick Hayley, Governor's
Advisory Council on Physical Fitness, explained that all segments of the community will be
represented and that the goal is to reach everybody in the community. Mr. Hayley added that he
would coordinate with Ms. Leal to find representation to better represent District 3.
Council Member Chesney concurred that the Mayor's Fitness Council should represent a
cross section of the community. Mr. Chesney asked for information on the "Fit and Free by the Sea"
event. Cinia Montoya reported that the "Fit and Free by the Sea" event was coordinated in response
to an article by Men's Health Magazine designating Corpus Christi as the Fattest City. Ms. Montoya
invited the Council to attend the event on May 22nd at Cole Park. Ms. Montoya added that several
partners will be at the event to help monitor people that want to start a healthier lifestyle. Mr. Hayley
challenged the City Council to do a physical fitness test and set a goal for one year from today.
Minutes — Regular Council Meeting
May 11, 2010 — Page 7
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
18.a. ORDINANCE NO. 028598
Ordinance amending the Code of Ordinances, Section 2-287 regarding membership of
Mayor's Fitness Council, to provide for appointment of members by the Mayor with approval
of the City Council, and to add two At -Large members fora total of thirteen (13) members.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, and Martinez, voting
"Aye"; Kieschnick and Scott were absent.
Mayor Adame referred to Item 18.b. and the following board appointments were made: Jane
Bell; Crystal Campos, MD.; Johnny Canales; Marc Cisneros; Rex A. Kinnison; D. Scott Elliff; Timothy
M. Fitzpatrick; Rick Hayley; Judy Lapointe Jennings; Father Joseph Lopez; Grete McBath; Venessa
Santos -Garza; and Wade Spenst.
Mayor Adame opened discussion on Item 19 regarding the membership of the Clean City
Advisory Committee. Pride/Clean City Coordinator Angela Rowe reported that the Clean City
Advisory Committee voted to add two additional members to strengthen the makeup of the
committee. Ms. Rowe introduced Clean City Chair Daiquiri Richard who was available to respond to
questions. In response to Mayor Adame, Ms. Rowe provided a brief overview of the recycling and
beautification efforts made by the Clean City Committee and their partners.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
19.a. ORDINANCE NO. 028599
Ordinance amending the Code of Ordinances, Section 2-233 to increase membership of
Clean City Advisory Committee by adding two At -Large members for total membership of
eleven (11) members.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott,
voting "Aye"; Kieschnick was absent.
Mayor Adame referred to Item 19.b. and the following board appointments were made:
Daniel Lucio; Juan Rodriguez; Ken Hobbs, Jr.; and Melissa Espitia.
Mayor Adame opened discussion on Item 20 regarding the H.E.B. Pool Complex
Replacement. Director of Engineering Services Pete Anaya introduced the presentation team
including Javier Huerta with CLK Architects and Project Manager Billy Delgado. Mr. Anaya referred
to a powerpoint presentation including a background; the project site; site plan; project aerial; the
scope of the project; schedule; costs; and features. Mr. Anaya also provided information on each of
the five (5) additive alternates.
The following topics pertaining to this item were discussed: the type of umbrellas considered
for the project; the anticipated size of the party room; whether the party room will be rented out; the
total cost of the spray pad area; the timeline for completion of the project; and the family bathroom.
Minutes — Regular Council Meeting
May 11, 2010 — Page 8
Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, stated
that he was excited about the project and thanked the taxpayers for approving the project.
City Secretary Chapa polled the Council for their votes as follows:
20. MOTION NO. 2010-104
Motion authorizing the City Manager or his designee to execute a construction contract with
Progressive Structures of Corpus Christi, Texas, in the amount of $2,040,000 for H. E. B.
Pool Complex Replacement for the Base Bid. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent.
Mayor Adame opened discussion on Item 21 regarding AEP Texas Central Company.
Director of Intergovernmental Affairs Rudy Garza explained that AEP Texas Central Company
received approval from the Public Utility Commission to partially assign its franchise to transfer
assets to Electric Transmission Texas, LLC.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
21. FIRST READING ORDINANCE
Granting approval to AEP Texas Central Company, for the partial assignment of its franchise
to construct, maintain and operate lines and appurtenances and appliances for conducting
electricity in, over, under and through the streets, avenues, alleys and public rights-of-way of
the City of Corpus Christi, Texas to Electric Transmission Texas, LLC.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye";
Kieschnick was absent.
MayorAdame opened discussion on Item 22 regarding an amendment to the Solicitation for
Charitable Purposes ordinance. City Attorney Valdez requested that this item be postponed. Ms.
Martinez made a motion to postpone Item 22. The motion was seconded by Mr. Chesney. The
foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney,
Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent.
22. POSTPONED BY STAFF
9rd+nancc amending the Code of Ordinances, Section 38, Article II, Solicitations for
public area or twenty five (25) feet of an automated teller facility, entrance or exit of a bank,
entrance and exit of check cashing bucine:c; providing that a culpable mental state is not
MayorAdame opened discussion on Item 23 regarding the Financial Policies. Assistant City
Manager Oscar Martinez explained that the financial polices are developed annually to guide staff
through the budget process. Mr. Martinez provided a brief overview of the policy amendments for
consideration. Mr. Martinez referred to a powerpoint presentation regarding the utility transfer portion
of the financial policy including an explanation of the utility transfer; State Law allowing the transfer;
use of utility transfer in other cities; the proposed utility transfer methodology; the amendment to the
Minutes — Regular Council Meeting
May 11, 2010 — Page 9
financial policy; and staff's recommendation. Mr. Martinez also provided a powerpoint presentation
regarding the issue of zero -based budgeting including a background of the zero -based budget pilot
implementation; the principles present in the proposed budget; and the "Plug & Play" approach.
Assistant Director of Management and Budget Eddie Houlihan provided a handout of instructions for
the budget preparation and examples of four department's zero -based budgets.
The following topics pertaining to this item were discussed: including deferred maintenance,
lifecycle replacement and/or capital items for use of undesignated fund balance in excess of the ten
percent policy requirements; the effective tax rate; the utility fund transfer policy; and consideration
to include the zero -based budgeting process as part of the financial polices.
Council Member Chesney said that the Council should give clear direction to staff as to
whether they support implementing the zero -based budgeting process. Mr. Martinez provided a
proposed amendment to the financial policy to include the following language for consideration: "to
provide comprehensive services or activity level justification including detailed costing in annual
budget process". Council Member Elizondo emphasized that a policy needs to be in place to support
the goals set by the council. Mr. Elizondo added that verbage should be included in the financial
policy that includes the intent of the council and accountability. Council Member Chesney stated that
the language presented by staff does not clearly describe the intent of the Council regarding zero -
based budgeting.
Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, spoke in
support of the utility transfer policy.
Mr. Chesney made a motion to postpone the approval of the financial polices until May 18th
to allow staff to include specific language regarding zero -based budgeting. The motion was
seconded by Ms. Adler.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
23. POSTPONED UNTIL MAY 18, 2010
Resolution amending Financial Policies adopted by Resolution No. 028176 and providing
financial policy direction on preparation of the FY 2010 11 Budget.
Mayor Adame opened discussion on Item 24 regarding improvements to the Convention
Center and Selena Auditorium. Assistant City Manager Margie Rose explained that this item is a
recommendation of improvements to the Convention Center and Selena Auditorium and the
financing for those improvements. Ms. Rose introduced the presentation team including General
Manager of the American Bank Center Jim Salamenta; Interim Assistant City Manager Cindy
O'Brien; Assistant Director of Engineering Services Kevin Stowers; Director of Convention Center
Operations John Meyer; Fire Chief Richard Hooks; and Assistant Fire Chief Andy Cardiel. Ms. Rose
also referred to a letter submitted by the Convention and Visitors Bureau Board of Directors
endorsing the improvements. Ms. Rose provided a brief overview of the items for consideration and
categorized the items as projects deemed critical for safety and projects to remain competitive in the
market.
The following topics pertaining to the item were discussed: the use of certificates of
obligation to purchase tables and chairs; if there are funds available to purchase the tables and
chairs as one-time expenditures; allowable expenses from the unreserved fund balance; the reason
a maintenance fund was not established for anticipated expenditures to maintain the Convention
Center and Selena Auditorium; the convention center debt; developing a policy for maintaining the
Minutes — Regular Council Meeting
May 11, 2010 — Page 10
buildings; separating capital improvement and ongoing maintenance improvements; the reason for
replacing the tables and chairs; the climatized storage; the timeline for improvements; the number of
full-time maintenance staff; the square footage of the total facility; the pros and cons for using the
reserve fund or certificates of obligations to fund the improvements; and landscaping.
Mr. Kieschnick made a motion to use reserve funds for Items 7, 8, 9, and 12 in lieu of
certificates of obligation. The motion was seconded by Mr. Chesney. City Secretary Chapa polled
the Council for their votes as follows:
The foregoing motion failed with the following vote: Chesney, Elizondo, Kieschnick, and
Leal, voting "Aye"; Adame, Adler, Marez, Martinez, and Scott, voting "No".
Interim Assistant City Manager Cindy O'Brien referred to Items 24.b. -d. Ms. O'Brien stated
that the financial aspect of this item includes a resolution for reimbursement; a resolution directing
publication; and the appointment of M.E. Allison as Financial Advisor.
City Secretary polled the Council for their votes as follows on Item 24.a.:
24.a. MOTION NO. 2010-105
Motion authorizing the improvements to the Convention Center and Selena Auditorium
shown on the attached Exhibit "C".
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 Chapa stated that staff is requesting that Item 24.c. be amended to change
the date that the Council will approve the ordinance authorizing the issuance of certificates of
obligation from June 15th to June 22nd. Ms. Martinez made a motion to amend the resolution as
requested by staff. The motion was seconded by Mr. Chesney.
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 Chapa polled the Council for their votes as follows on Items 24.b -d.:
24.b. RESOLUTION NO. 028600
Resolution relating to establishing the City's intention to reimburse itself in an amount not to
exceed $3,000,000 for the prior lawful expenditure of funds from the proceeds of obligations
to be issued by the City for authorized purposes relating to the renovation of the Convention
Center; and Selena Auditorium; authorizing matters incident and related thereto; and
providing an effective date.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick voting "No".
24.c. RESOLUTION NO. 028601
Resolution by the City Council of the City of Corpus Christi, Texas directing publication of
notice of intention to issue City of Corpus Christi, Texas Combination Tax and Limited
Pledge Revenue Certificates of Obligation, Series 2010 in an amount up to $3,000,000 for
the purpose of financing costs associated with making permanent public improvements to
Minutes — Regular Council Meeting
May 11, 2010 — Page 11
the City's Convention Center and Selena Auditorium; complying with the requirements
contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective
date.
The foregoing resolution was passed and approved as amended with the following vote:
Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
24.d. MOTION NO. 2010-106
Motion authorizing the appointment of M. E. Allison & Company, Inc. as financial advisor for
the City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates
of Obligation, Series 2010.
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 25 regarding the establishment of a blended water
rate and the negotiation and execution of a blended water supply agreement contract with Las
Brisas Energy Center, LLC. City Secretary Chapa announced that he received a disclosure
statement from Council Member Elizondo regarding Item 25.a. and b. Mr. Chapa reported that Mr.
Elizondo has stated that he has a potential conflict of interest, a reasonable expectation of an
economic benefit regarding his employer and will be abstaining from this item. City Secretary Chapa
also announced that he received a disclosure affidavit from Council Member Chesney. Mr. Chapa
explained that Mr. Chesney was made aware of a conflict of interest yesterday at 4:45 p.m. After
review, Mr. Chesney has deemed it is reasonably foreseeable that he could benefit from his
participation on this item and therefore will be abstaining on Item 25.a. and b.
Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the
overall rate design objectives; the overall recommendations; charges to Las Brisas for water; the
current water rate structure; cost centers and allocations; the revised diversion cost center; costs
associated for the blended water pump station and pipeline; the new raw water supply issue;
summary of framework for water rates applicable to a contract with Las Brisas; actions subsequent
to negotiations; the new raw water supply development reserve benefiting all customers; other water
related fee and charges; the new "equity buy -in fee" for all new large customers; other contract
provisions with Las Brisas; and actions needed.
The following topics pertaining to this item were discussed: the catalyst for establishing the
blended water rate; compliance with the City's contract with the Lavaca Navidad River Authority
(LNRA); how water usage will protect current residential water users; the discharge of the water by
Las Brisas; whether the City will receive credit for Las Brisas releasing into the Ship Channel; the
effect on Nueces River and Lake Corpus Christi; and concern with water contracts not executed by
the consent of the Council.
Mayor Adame called for comments from the audience. The following individuals spoke in
opposition to the contract with Las Brisas: Susie Luna Saldana, 4710 Hakel; Pat Morris, 1002 Cairo;
Carlos Truan, 6902 Sir Geraint; Brian Burke, 7709 Armstrong; Neil McQueen, 4213 Estate; Dr. Mary
Del Peterson, 210 Naples Street, and on behalf of the Nueces County Medical Society; Sheila Cudd,
7106 Fort Collins; Dr. Wes Stafford, Nueces County Medical Society; Evie Coppola, League of
Women Voters; Wilson Wakefield, 6026 Killarmet; Dr. Josefina Torres, Nueces County Medical
Society; Sally Wakefield, 6026 Killarmet; Daniel Lucio; Sylvia Whitworth, 36 Lakeshore Drive; Jim
Whitworth, 36 Lakeshore Drive; Carolyn Moon, 4902 Calvin; James Klein, 3501 Monterrey Street;
Carrie Robertson, 4401 Gulf Breeze Boulevard; Dr. Greg Silverman, 331 Del Mar, and representing
Minutes — Regular Council Meeting
May 11, 2010 — Page 12
Coastal Cardiology and Nueces County Medical Society; Peggy Duran, 4022 Congressional Drive;
Mariah Boone, 710 Ponder Street; Mark Robbins, 1802 Ennis Joslin; Cliff Schlaback, 122 Whiteley;
Dr. Rafael Berio-Muniz, Coastal Cardiology Association; Dr. Michael McCutchon, 203 Jackson
Place; Saul Rescon, 914 Nandina; Nita Smith, 13518 King Phillip Court; Mimosa Thomas, 710
Ponder; Tom Thomas, 710 Ponder; Judy Landress, 242 Montclair; Roger Landress, 242 Montclair;
Theresa Klein, 3501 Monterrey Street; and Emilie Olivares, 4205 Dody Street.
The following individuals spoke in favor to the contract with Las Brisas: Bernard Paulson, 3
Ocean Drive; Bob Parker, Repcon Inc.; Debbie Lindsey -Opel, 700 Everhart; Mike Carranco, 4325
Murphey, and on behalf of the International Brotherhood of Electrical Workers; Jennifer Storm, 518
Enterprise, and on behalf of the South Texas Associated General Contractors; Cliff Atnip, 700
Everhart; Larry Demieville, 7309 Berkley; Fred Braselton, 5337 Yorktown, and representing the
Builders Association; Craig Loving, 1037 Stirman; Willie Vaden; Anne Matula, Craft Training Center;
John Michael, Chairman of the Corpus Christi Chamber of Commerce; Chad Magill, Chair of the
Hispanic Chamber of Commerce; Abel Alonzo, 1701 Thames; Foster Edwards, CEO/President of
the Corpus Christi Chamber of Commerce; Connie Gutierrez, 5314 Navarro; Vince Navarro; and
Roland Mower, President/CEO of the Corpus Christi Regional Economic Development Corporation.
Anthony James, 2337 Luzius, asked questions regarding the contract provision with Las
Brisas that the City is under no obligation to serve Las Brisas beyond limits of peak day and annual
peak demand.
Council members expressed their individual opinions regarding the approval of a blended
water contract with Las Brisas.
Mr. Marez made a motion to amendment Item 25.b. to authorize negotiations by the City
Manager and bring back the contract for approval by the Council. The motion was seconded by Ms.
Leal. City Secretary Chapa polled the Council for their votes as follows:
The foregoing motion failed with the following vote: Leal, Marez, and Martinez, voting "Aye";
Adame, Adler, Kieschnick, and Scott, voting "No"; Chesney and Elizondo abstained.
City Secretary Chapa polled the Council for their votes as follows:
25.a. RESOLUTION NO. 028602
Resolution authorizing the City Manager to establish and adopt blended water rate principles
and create a new publish rate class: Blended Water.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Kieschnick, Leal, Marez, and Scott, voting "Aye"; Martinez voting "No"; Chesney and
Elizondo abstained.
25.b. RESOLUTION NO. 028603
Resolution authorizing the City Manager to negotiate and execute a blended water supply
agreement with Las Brisas Energy Center, LLC.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Kieschnick, Marez, and Scott, voting "Aye"; Leal and Martinez voting "No".
*************
Minutes — Regular Council Meeting
May 11, 2010 — Page 13
Mayor Adame called for petitions from the audience. Benito Barrera, 4221 Beard Drive,
recommended that the park located next to the State School be named after Ruben Bonilla, Jr.
Carolyn Moon, 4902 Calvin, spoke regarding her displeasure over the vote in support of Las Brisas.
Fred Braseiton, Builders Association, provided a resolution in support of the City Council's efforts for
future economic development and tourism. Foster Edwards, CEO/President of the Corpus Christi
Chamber of Commerce, invited the Council to attend the "State of the State" luncheon on May 19th
at the Solomon Ortiz Center. John Kelley, 413 Waco, spoke regarding the appointment of Barry
Wolfson to the American Bank Center Area Development Task Force. Anthony James, 2337 Luzius,
spoke regarding the Las Brisas contract. Evelyn Nemec, 5709 Waterford, asked the Council to save
the Memorial Coliseum from demolition. Joan Veith, 5701 Cain Drive, spoke in appreciation of the
Council's endurance and capabilities.
*************
Mayor Adame referred to Item 26 regarding the Health and Risk Management Claims Report
ending January 31, 2010. Mayor Adame announced that Item 26 was withdrawn by staff.
* * * * * * * * * * * * *
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 6:20 p.m. on May 11, 2010.
* * * * * * * * * * * * *
Minutes — Regular Council Meeting
May 11, 2010 — Page 13
Mayor Adame called for petitions from the audience. Benito Barrera, 4221 Beard Drive,
recommended that the park located next to the State School be named after Ruben Bonilla, Jr.
Carolyn Moon, 4902 Calvin, spoke regarding her displeasure over the vote in support of Las Brisas.
Fred Braselton, Builders Association, provided a resolution in support of the City Council's efforts for
future economic development and tourism. Foster Edwards, CEO/President of the Corpus Christi
Chamber of Commerce, invited the Council to attend the "State of the State" luncheon on May 19th
at the Solomon Ortiz Center. John Kelley, 413 Waco, spoke regarding the appointment of Barry
Wolfson to the American Bank Center Area Development Task Force. Anthony James, 2337 Luzius,
spoke regarding the Las Brisas contract. Evelyn Nemec, 5709 Waterford, asked the Council to save
the Memorial Coliseum from demolition. Joan Veith, 5701 Cain Drive, spoke in appreciation of the
Council's endurance and capabilities.
*************
Mayor Adame referred to Item 26 regarding the Health and Risk Management Claims Report
ending January 31, 2010. Mayor Adame announced that Item 26 was withdrawn by staff.
*************
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 6:20 p.m. on May 11, 2010.
*************
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 May 11, 2010, which were approved by the City
Council on May 18, 2010.
WITNESSETH MY HAND AND SEAL, on this the 18th day of May, 2010.
40
Armando Chapa '
City Secretary
SEAL