HomeMy WebLinkAboutMinutes City Council - 06/22/2010MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 22, 2010 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Larry Elizondo, Sr,
Council Members:
Chris Adler
Brent Chesney*
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
City Staff:
City Manager Angel R. Escobar
City Attorney Carlos Valdez
City Secretary Armando Chapa
ABSENT
Kevin Kieschnick
*Arrived at 1:00 p.m.
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Dr. Sam Gutierrez with Cornerstone Church and the Pledge
of Allegiance to the United States flag was led by Council Member John Marez.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Adame called for approval of the minutes of the regular Council meeting of June 15,
2010. A motion was made and passed to approve the minutes as presented.
************
Mayor Adame called for consideration of the consent agenda (Items 2 - 11). Council
Member Marez announced that he would abstain from the discussion and vote on Item 7. There
were no comments from the public. City Secretary Chapa polled the Council for their votes as
follows:
2. MOTION NO. 2010-136
Motion approving the lease purchase of one (1) turf sprayer, one (1) top dresser and one (1)
turf mower from Professional Turf Products, of Euless, Texas for a total amount of
$63,451.78, of which an estimated $1,859.27 is required for the remainder of FY 2009-2010.
The award is based on the Cooperative Purchasing Agreement with the Texas Local
Government Cooperative (TLGPC). Financing for the grounds maintenance equipment will
be provided through the City's lease -purchase financing program. All units are additions to
the fleet.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye'; Chesney and Kieschnick were
absent.
INDEXED
Minutes — Regular Council Meeting
June 22, 2010 — Page 2
3. MOTION NO. 2010-137
Motion approving the purchase of police vehicle ancillary equipment from Fleet Safety
Equipment, Inc., of Houston, Texas for a total amount of $52,827.41. The award is based on
the Cooperative Purchasing Agreement with the Texas Local Government Cooperative
(TLGPC). Funds have been budgeted by Maintenance Services in FY 2009-2010.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye', Chesney and Kieschnick were
absent.
4. MOTION NO. 2010-138
Motion authorizing the purchase of specialized equipment for a total amount of $126,235.96
utilizing funds from the 2008 Homeland Security Grant awarded to the City of Corpus Christi
and budgeted in the Fire Grant Fund 1062.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney and Kieschnick were
absent.
5.a. RESOLUTION NO. 028643
Resolution ratifying the execution of a grant amendment by the City Manager received from
the Texas Department of State Health Services for the Women, Infants, and Children (WIC)
program to increase the reimbursement rate to $12.08 per participant served, resulting in an
additional $6,750 in program income.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye'; Chesney and Kieschnick were
absent.
5.b. ORDINANCE NO. 028644
Ordinance appropriating a grant amendment in the amount of $6,750 from the Texas
Department of State Health Services in the No. 1066 Health Grants Fund for the Women,
Infants, and Children (WIC) program resulting from an increase in the reimbursement rate
per participant served.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye'
Chesney and Kieschnick were absent.
6.a. RESOLUTION NO. 028645
Resolution authorizing the City Manager, or his designee, to execute an Interlocal
Agreement between the City of Corpus Christi and Nueces County to establish terms for the
sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2010
Local Solicitation.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Martinez, and Scott, voting "Aye"; Marez abstained; Chesney and Kieschnick
were absent.
Minutes — Regular Council Meeting
June 22, 2010 — Page 3
6.b. RESOLUTION NO. 028646
Resolution authorizing the City Manager, or his designee, to submit a grant application in the
amount of $247,696 to the U.S. Department of Justice, Bureau of Justice Assistance for
funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program
FY 2010 Local Solicitation; 50% of the funds to be distributed to Nueces County under the
established Interlocal Agreement. Grant funds will be used for the enhancement of law
enforcement efforts by the Police Department and Nueces County.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Martinez, and Scott, voting "Aye"; Marez abstained; Chesney and Kieschnick
were absent.
7. RESOLUTION NO. 028647
Resolution authorizing the City Manager or his designee to submit a grant application to
serve as the Fiscal Agent for the Texas Department of Family and Protective Services
(DFPS) FY 2010-2011 78415 Community Youth Development (CYD) Program, with
$503,500 DFPS Funding.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney and Kieschnick were
absent.
8.a. MOTION NO. 2010-139
Motion authorizing the City Manager or his designee to execute documents necessary to
purchase sculpture created by artist Sandi Stein during Festival of the Arts 2010 and
authorize disbursement of $7,569.00 from the Permanent Art Trust Fund for such purchase.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney and Kieschnick were
absent.
8.b. MOTION NO. 2010-140
Motion authorizing the City Manager or his designee to execute documents necessary to
purchase painting created by artist Jill Pankey during Festival of the Arts 2010 and authorize
disbursement of $2,000.00 from the Permanent Art Trust Fund for such purchase.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye; Chesney and Kieschnick were
absent.
9.a. MOTION NO. 2010-141
Motion authorizing the City Manager or his designee to execute a geotechnical services
agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to
exceed $120,000 for the J.C. Elliott Landfill Groundwater Monitoring and Sampling
Agreement — 2011.
Minutes — Regular Council Meeting
June 22, 2010 — Page 4
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney and Kieschnick were
absent.
9.b. MOTION NO. 2010-142
Motion authorizing the City Manager or his designee to execute a geotechnical services
agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to
exceed $143,000 for the Cefe Valenzuela Landfill Groundwater Monitoring and Sampling
Agreement — 2011.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney and Kieschnick were
absent.
10. MOTION NO. 2010-143
Motion authorizing the City Manager or his designee to execute a Right -of -Way Easement
Instrument with D & E Development Corporation in the total amount of $88,582 for the
acquisition of Parcel 9 containing 24,228 square feet of commercial land located at the
southeast corner of Saratoga Boulevard and Airline Road, necessary for the Airline Road
Street Improvement Project — Saratoga Boulevard to Rodd Field Road, Project #6465, and
for other municipal purposes. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye'; Chesney and Kieschnick were
absent.
11.a. MOTION NO. 2010-144
Motion to amend prior to second reading, the proposed ordinance amending Chapter 6,
Animal Care and Control, Section 6-105, entitled "Dead animal pickup service fee," to clarify
that the service fees will be assessed and collected on a per visit basis.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney and Kieschnick were
absent.
11.b. ORDINANCE NO. 028648
Amending the following provisions of Chapter 6 the Code of Ordinances: Section 6-27,
entitled "Fees," to establish fees for the issuance of a three-year registration; Section 6-28,
entitled "Term," to revise the section to include a new three-year registration; Section 6-29,
entitled "Issuance and Wearing of Tag," to revise the fee for a replacement registration tag
and establish a new fee for a replacement rabies tag; Section 6-54, entitled "Fees," to revise
permit fees; and Section 6-126, entitled "Rabies Vaccination," to allow for a three-year rabies
vaccine: creating new Section 6-104 to establish fees for small animal traps and new
Section 6-105 to establish a dead animal pick-up service fee; providing for an effective date;
providing for penalties; and providing for publication. (First Reading - 06/15/10)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye'; Chesney and
Kieschnick were absent.
Minutes — Regular Council Meeting
June 22, 2010 — Page 5
* * * * * * * * * * * * *
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 the City of
Corpus Christi, Texas vs. Friends of the Coliseum, 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 David Torres
vs. City of Corpus Christi; Cause No. 13 -08 -00700 -CV; in the Thirteenth Court of Appeals,
corpus Christi/Edinburg, Texas with possible discussion and action in open session.
15. Executive Session under Texas Government Code Section 551.071 regarding David Torres
vs. City of Corpus Christi; Cause No. 13 -09 -00669 -CV; in the Thirteenth Court of Appeals,
corpus Christi/Edinburg, Texas with possible discussion and action in open session.
16. Executive Session under Texas Government Code Section 551.071 regarding David Torres
vs. City of Corpus Christi; Cause No. 09-61260-4; in the County Court at Law No. 4, Nueces
County, Texas, with possible discussion and action in open session.
17. Executive Session under Texas Government Code Section 551.071 regarding David Torres
vs. City of Corpus Christi; EEOC No. 36B-2009-0015; with possible discussion and action in
open session.
The Council went into executive session. The Council returned from executive session.
Mayor Adame advised the public that Items 12 and 13 were for discussion only and no action was
taken or will be taken in open session. Mayor Adame announced that action on Items 14-17 would
be taken later in the meeting.
Mayor Adame referred to Item 18, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0510-02, N. M. Edificios, LLC: A change of zoning from the "1-2" Light Industrial
District to the "1-3" Heavy Industrial District resulting in a change of land use from Light
Industrial to Heavy Industrial use on property described as a 0.0172 acre (750.00 sq ft) tract
of land out of a 32.41 acre tract of State Survey No. 402, James W. Ward, Original Grantee,
Abstract No. 1031 and State Survey No. 316, J. R. Ward, Original Grantee, Abstract No.
1055; approximately 1,300 ft. east of the intersection of State Highway 44 (Agnes Road) and
Clarkwood Road.
Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint
presentation including an aerial view; the existing land use map; the future land use map; the "1-2"
and "1-3" allowable uses; views of the subject property; a site plan; and ownership map. Ms. Goode -
Macon stated that the Planning Commission and staff recommended denial of the "1-3" Heavy
Minutes — Regular Council Meeting
June 22, 2010 — Page 6
Industrial District and in lieu thereof, approval of the "I-2"/SP" Light Industrial District with a Special
Permit, subject to a Site Plan and four (4) conditions.
No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close
the public hearing, seconded by Ms. Leal, and passed. Mr. Chapa polled the Council for their votes
as follows:
18. ORDINANCE NO. 028649
Amending the Zoning Ordinance, upon application by N. M. Edificios, LLC, by changing the
Zoning Map in reference to a 0.0172 acre (750.00 sq ft) tract of land of a 32.41 acre tract of
State Survey No. 402, James W. Ward, Original Grantee, Abstract No. 1031 and State
Survey No. 316, J. R. Ward, Original Grantee, Abstract No. 1055; from "1-2" Light Industrial
District to "1-2/SP" Light Industrial District with a Special Permit to allow for two (2) UL 2085,
above ground fuel storage tanks not to exceed 7,000 gallons, subject to a Site Plan and four
(4) conditions; amending the Comprehensive Plan to account for any deviations from the
existing Comprehensive Pian; providing a repealer clause; providing a penalty; providing for
publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye";
Chesney and Kieschnick were absent.
Mayor Adame referred to Item 19, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0510-04, Carl & Sherry Badalich: A change of zoning from the "AT" Apartment
Tourist District to the "AT/PUD-2" Apartment Tourist District/Planned Unit Development on
property described as Sunrise Shores, Block 1, Lots 1A and 3 located at 7349 State
Highway 361 approximately 1.75 miles north of Fire Station #16.
Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint
presentation including an aerial view; existing land use map; future land use map; "AT" and "PUD"
allowable uses; views of the subject property; comparison of standard zoning requirements; the site
plan; the vehicular access points within "PUD"; color pallet for development; and the design
features;. Ms. Goode -Macon stated that the Planning Commission and staff recommend approval of
the "AT/PUD-2" Apartment Tourist District/Planned Unit Development.
No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the
public hearing, seconded by Ms. Leal, and passed. Mr. Chapa polled the Council for their votes as
follows:
19. ORDINANCE NO. 028650
Amending the Zoning Ordinance, upon application by Carl and Sherry Badalich, by changing
the Zoning Map in reference to Sunrise Shores, Block 1, Lots 1A and 3, from "AT" Apartment
Tourist District to "AT/PUD-2" Apartment Tourist District/Planned Unit Development for the
purpose of creating a 23 unit Single -Family Townhouse Development; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a repealer clause; providing a penalty; providing for publication.
Minutes — Regular Council Meeting
June 22, 2010 -- Page 7
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye";
Chesney and Kieschnick were absent.
* * * * * * * * * * * * *
Mayor Adame returned to executive session Items 14-17 regarding David Torres v. City of
Corpus Christi et al. City Secretary Chapa polled the Council for their votes as follows:
14-17. MOTION NO. 2010-145
Motion authorizing the City Manager to settle Cause Nos. 13 -08 -00700 -CV, 13 -09 -00669 -
CV; EEOC No. 36B-2009-0015, Cause No. 09-61260-4, David Torres v. City of Corpus
Christi et al, for the sum of $150,000, subject to certification of funds, and other conditions
as negotiated.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney and Kieschnick were
absent.
*************
Mayor Adame opened discussion on Item 21 regarding the Laguna Shores Road
Rehabilitation Offsite Wetlands Mitigation. Director of Engineering Services Pete Anaya referred to a
powerpoint presentation including a background; project scope; project site plan and layout;
schedule; and project costs.
The following topics pertaining to this item were discussed: the drainage on Laguna Shores
Road; the landscaping improvements by the citizens; and the allowable uses for the funds if the
project comes under budget.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
21. MOTION NO. 2010-146
Motion authorizing the City Manager, or his designee, to execute a construction contract with
Garrett Construction Co., Inc. of Corpus Christi, Texas in the amount of $322,094.35 for
Laguna Shores Road Rehabilitation Offsite Wetlands Mitigation for the Total Base Bid.
(BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney and Kieschnick were
absent.
Mayor Adame opened discussion on Item 22 regarding the Greenwood Wastewater
Treatment Plant Lift Station Improvements. Director of Engineering Services Pete Anaya referred to
a powerpoint presentation including the background; project scope; project schedule; and budget.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minutes — Regular Council Meeting
June 22, 2010 — Page 8
22. MOTION NO. 2010-147
Motion authorizing the City Manager, or his designee, to execute a construction contract with
Austin Engineering Company of Austin, Texas, in the amount of $1,076,170 for the Base Bid
and Additive Alternate Nos. 1, 2, 3, and 4 for the Greenwood Wastewater Treatment Plant
Lift Station Improvements Project. (CIP)
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 23 regarding the purchase of a warehouse
property for the Fire Department located at 1501 Holly Road. Mayor Adame announced that he
would be abstaining from the discussion and vote on this item. Director of Engineering Services
Pete Anaya referred to a powerpoint presentation including the legal description of the property;
additional features of the building; aerial view of subject property; and additional views of the
property.
In response to Council Member Marez, Fire Chief Richard Hooks explained that the current
warehouse property is listed as surplus property and ready for sale. Chief Hooks added that the site
will be vacated and disposed as surplus property through a bid process within the next six months.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
23. MOTION NO. 2010-148
Motion authorizing the City Manager, or his designee, to execute a Real Estate Sales
Contract with Michael P. Devaney and wife Edna M. Devaney, in the amount of $675,000,
plus additional expenditures not to exceed $3,000 for related closing costs, for the purchase
of a warehouse property for the Fire Department located at 15011 Holly Road in connection
with the Public Safety Warehouse for Police and Fire Departments, Project No. 5244.
(BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Chesney, Elizondo,
Leal, Marez, and Martinez, voting "Aye"; Adame, Adler, and Scott abstained; Kieschnickwas
absent.
Mayor Adame opened discussion on Item 24 regarding the issuance of Texas Combination
Tax and Surplus Airport Revenue Certificates of Obligation. Interim Director of Financial Services
Constance Sanchez explained that this item authorizes the appointment of SAMCO Capital Markets,
Inc. as Sole Underwriter and the issuance of certificates of obligation in an amount not to exceed
$5,500,000. Ms. Sanchez stated that this item authorizes the City Council to delegate to the Mayor,
City Manager, and Interim Assistant City Manager for Administrative Services the authority to affect
the sale of the certificates of obligations subject to three (3) parameters. Ms. Sanchez spoke
regarding the bond ratings.
The following topics pertaining to this item were discussed: the plan to restructure the current
bonds to increase the City's bond ratings; the consultant's recommendations for operations at the
Airport; whether any future projects will be affected by the negative bond rating; the Airport
revenues; and consideration of refinancing current debt.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minutes — Regular Council Meeting
June 22, 2010 — Page 9
24.a. MOTION NO. 2010-149
Motion authorizing the appointment of SAMCO Capital Markets, Inc. as Sole Underwriter for
the City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificate
of Obligation, Taxable Series 2010.
The foregoing motion was passed and approved with the following vote: Aflame, Adler,
Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent.
24.b. ORDINANCE NO. 028652
Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and
Surplus Airport Revenue Certificates of Obligation, Taxable Series 2010" in an amount not to
exceed $5,500,000 for the purpose of financing costs associated with making permanent
public improvements to the City's Airport System; providing for the payment of said
Certificates by the levy of an Ad Valorem tax upon all taxable property within the City and
further securing said Certificates by a lien on and pledge of the pledged revenues of the
Airport System; providing the terms and conditions of said certificates and resolving other
matters incident and relating to the issuance, payment, security, sale and delivery of said
Certificates, including the approval and distribution of an Official Statement; authorizing the
execution of a Paying Agent/RegistrarAgreement and a Purchase Contract; complying with
the requirements of the Letter of Representations with the Depository Trust Company;
delegating the authority to the Mayor and certain members of the City Staff to execute
certain documents relating to the sale of the Certificates; enacting other provisions incident
and related to the subject and purpose of this Ordinance; and providing an effective date.
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 opened discussion on Item 25 regarding the issuance of certificates of
obligation for the Convention Center. Interim Director of Financial Services Constance Sanchez
explained that this item is for the authorization of issuance of certificates of obligation in an amount
not to exceed $3,000,000 and the pledge requirement of $2,000 in Solid Waste Revenues. Ms.
Sanchez stated that this item has the same parameters as previously discussed.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
25.a. ORDINANCE NO. 028653
Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and
Limited Pledge Revenue Certificates of Obligation, Series 2010 (Convention Center)" in an
amount not to exceed $3,000,000 for the purpose of financing costs associated with making
permanent public improvements to the City's Convention Center and the Selena Auditorium;
providing for the payment of said Certificates by the levy of an Ad Valorem Tax upon all
taxable property within the City and further securing said Certificates by a lien on and pledge
of the pledged revenues of the Solid Waste System; providing the terms and conditions of
said Certificates and resolving other matters incident and relating to the issuance, payment,
security, sale, and delivery of said Certificates, including the approval and distribution of an
Official Statement; authorizing the execution of a Paying Agent/RegistrarAgreement and a
Purchase Contract; complying with the requirements of the Letter of Representations with
the Depository Trust Company; delegating the authority to the Mayor and certain members
Minutes — Regular Council Meeting
June 22, 2010 — Page 10
of the City Staff to execute certain documents relating to the sale of the Certificates;
enacting other provisions incident and related to the subject and purpose of this Ordinance;
and providing an effective date.
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.
25.b. RESOLUTION NO. 028654
Resolution authorizing the deposit of $2,000 in revenues from the City's Solid Waste System
into the Interest and Sinking Fund for each series of the City's Combination Tax and Limited
Pledge Revenue Certificates of Obligation additionally secured by a limited pledge of certain
of the City's Solid Waste System revenues, the purpose of such deposits being the
extinguishment of the lien on such revenues additionally securing the identified debt
obligations; enacting other provisions incident and related to the subject and purpose of this
resolution; 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 was absent.
Mayor Adame opened discussion on Item 26 regarding the issuance of Texas General
Improvement Bonds. Interim Director of Financial Services Constance Sanchez explained that this
item authorizes the appointment of M.E. Allison as Financial Advisor and the second issuance of
bonds related to the Bond 2008 program in an amount not to exceed $13,700,000. Ms. Sanchez
stated that this item has the same parameters as previously discussed.
1n response to Council Member Marez, Ms. Sanchez reported that the financial advisor is not
local but does have regional presence. Ms Sanchez added that all of the local underwriters are
financial institutions.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
26.a. MOTION NO. 2010-150
Motion authorizing the appointment of M. E. Allison as Financial Advisor for the City of
Corpus Christi, Texas, City of Corpus Christi, Texas General improvement Bonds, Series
2010.
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.
26.b. ORDINANCE NO. 028655
Ordinance authorizing the issuance of the "City of Corpus Christi, Texas General
Improvement Bonds, Series 2010" in an amount not to exceed $13,700,000 and levying an
annual Ad Valorem Tax, within the limitations prescribed by law, for the payment of the
Bonds; prescribing the form, terms, conditions, and resolving other matters incident and
related to the issuance, sale, and delivery of the Bonds; including the approval and
distribution of an Official Statement pertaining thereto; authorizing the execution of a Paying
Agent/Registrar Agreement and a Purchase Contract; complying with the requirements
imposed by the Letter of Representations previously executed with the Depository Trust
Minutes — Regular Council Meeting
June 22, 2010 — Page 11
Company; delegating the authority to the Mayor and certain members of the City Staff to
execute certain documents relating to the sale of the Bonds; and providing an effective date.
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 opened discussion on Item 20 regarding the Destination Bayfront Initiative.
Mayor Adame announced that he would abstain from the discussion and vote on this item. Director
of Intergovernmental Relations Rudy Garza explained that the Council heard a presentation from the
Destination Bayfront group at the June 15th Council Meeting, and this action is endorsing the
process to engage the public to seek input from the community in the development of the public
space. Mr. Garza presented a map of the Discovery Green Park; the expectations; the timeline for
Phase 1; and the requested Council action. The presentation team included J.J. Hart; David Loeb;
Joe Hilliard; and Ron Benavides.
The following topics pertaining to this item were discussed: whether the timeline for Phase 1
could be pushed up; the involvement of Project for Public Space (PPS); and how the public can
contact the Destination Bayfront group for information, to provide financial assistance, or issue
ideas.
Mayor Pro Tem Elizondo called for comments from the audience. Abel Alonzo, 1701
Thames, spoke regarding the public not being aware of the project and asked that the group involve
the community and be as inclusive and diverse as possible to get everyone involved in the process.
Jeff Pollack, 321 Circle Drive and on behalf of Smart Growth Initiative, stated that it is important that
the site remain a public ground; the components of the planning process be identified through a
community wide, inclusive and participatory process; and that the project be well coordinated with
other planning issues in the community. Mr. Pollack commended the Council for facilitating the
process. Curt Broomfield suggested that the initiative market the beach and T -head areas. David
Loeb, 522 Hancock and on behalf of the Corpus Christi Downtown Management District, stated that
the project creates a huge amount of value for the city and downtown and added that the DMD fully
supports the creation of this project. Heidi Hovda, 122 Harrison, spoke in support of the project and
the excitement by the young people in the community. Chip Urban, 2725 Swantner, voiced support
for the project and stated that the project is a vital step to get the community to where it wants to be.
J.J. Hart, read a letter of support from Marcel Wisznia strongly supporting the goals and approach of
Destination Bayfront.
City Secretary Chapa polled the Council for their votes as follows:
20. RESOLUTION NO. 028651
Resolution endorsing the Destination Bayfront Initiative to engage the public in a process to
develop a citizen driven master plan for the public space in the area from McCaughan Park
to Sherrill Park, including the City -owned adjacent property.
The foregoing resolution was passed and approved with the following vote: Adler, Chesney,
Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Adame abstained; Kieschnick was
absent.
Mayor Adame opened discussion on Item 27 regarding the issuance of Utility System
Revenue Improvement Bonds. Interim Director of Constance Sanchez explained that this item
authorizes the issuance of up to $75,000,000 of utility system revenue improvement bonds and up
to $12,500,000 of utility system revenue refunding bonds. Ms. Sanchez reported that staff is
Minutes — Regular Council Meeting
June 22, 2010 -- Page 12
recommending issuing Build America Bonds (BABS) and provided a brief presentation on the
explanation of BABS and the pros and cons of issuing BABS.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
27.a. ORDINANCE NO. 028656
Ordinance authorizing the issuance of "City of Corpus Christi, Texas Utility System Revenue
Improvement Bonds, Taxable Series 2010 (Direct Subsidy — Build America Bonds)" in a
maximum amount not to exceed $75,000,000; making provisions for the payment and
security thereof on a parity with certain currently outstanding obligations; stipulating the terms
and conditions for the issuance of additional revenue bonds on a parity therewith; prescribing
the form, terms, conditions, and resolving other matters incident and related to the issuance,
sale, and delivery of the Bonds; including the approval and distribution of an Official
Statement pertaining thereto; authorizing the execution of a Paying Agent/Registrar
Agreement and a Purchase Contract; complying with the requirements imposed by the Letter
of Representations previously executed with the Depository Trust Company; delegating the
authority to the Mayor and certain members of the City Staff to execute certain documents
relating to the sale of the Bonds; and providing an effective date.
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.
27.b. ORDINANCE NO. 028657
Ordinance authorizing the issuance of "City of Corpus Christi, Texas Utility System Revenue
Improvement Bonds, Series 2010A" in an amount not to exceed $75,000,000; making
provisions for the payment and security thereof on a parity with certain currently outstanding
obligations; stipulating the terms and conditions for the issuance of additional revenue bonds
on a parity therewith; prescribing the form, terms, conditions, and resolving other matters
incident and related to the issuance, sale, and delivery of the Bonds; including the approval
and distribution of an Official Statement pertaining thereto; authorizing the execution of a
Paying Agent/Registrar Agreement and a Purchase Contract; complying with the
requirements imposed by the Letter of Representations previously executed with the
Depository Trust Company; delegating the authority to the Mayor and certain members of the
City Staff to execute certain documents relating to the sale of the Bonds; and providing an
effective date.
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.
27.c. ORDINANCE NO. 028658
Ordinance authorizing the issuance of "City of Corpus Christi, Texas Utility System Revenue
Refunding Bonds, Series 2010B" in an amount not to exceed $12,500,000; making provisions
for the payment and security thereof on a parity with certain currently outstanding obligations;
stipulating the terms and conditions for the issuance of additional revenue bonds on a parity
therewith; prescribing the form, terms, conditions, and resolving other matters incident and
related to the issuance, sale, and delivery of the Bonds; including the approval and
distribution of an Official Statement pertaining thereto; authorizing the execution of a Paying
Minutes — Regular Council Meeting
June 22, 2010 — Page 13
Agent/RegistrarAgreement, and Escrow Deposit Letter, and a Purchase Contract; complying
with the requirements imposed by the Letter of Representations previously executed with the
Depository Trust Company; delegating the authority to the Mayor and certain members of the
City Staff to execute certain documents relating to the sale of the Bonds; and providing an
effective date.
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 29 regarding a briefing on Hurricane Preparedness. Fire Chief
Richard Hooks recognized the key planners in emergency management including Emergency
Management Coordinator Randy Sijansky; Nueces County Emergency Management Coordinator
Danielle Hale; Assistant City Managers Margie Rose and Oscar Martinez; Interim Assistant City
Manager Cindy O'Brien; Interim Director of Financial Services Constance Sanchez; Assistant Fire
Chiefs Rick Trevino, Andy Cadriel, Randy Paige, and Jose Gonzalez; Police Captain Mark Schaurer;
Police Chief Troy Riggs; Billy Delgado; Judy Telge; Navida Ligstrum; Janice Shue; Ken Griffin;
Lamont Taylor and Jorge Cruz-Aedo with RTA; Scott Kucera and Scott Elliff with CCISD; the
National Weather Service; and corporate partners.
Chief Hooks referred to a powerpoint presentation including the partners in emergency
management; the local government's responsibilities; emergency assistance requests; criteria
necessary to declare a disaster; the hurricane plan; essential services coordination; public
information; pre -position contracts; state and volunteer resources; State Rapid Response Task
Force; State Public Works Response Teams; Texas State Animal Resource Team; evacuation;
assisted evacuation; refuge of last resort; initial immediate actions; essential services; and the re-
entry phases.
Ken Griffin, AEP, spoke regarding the AEP/Texas Hurricane Restoration Planning. Mr. Griffin
stated that AEP will assess the damage after the storm; clear all electrical hazards that cause
danger to the public; restore power to vital community services; and restore all remaining services
as quickly as possible.
The following topics pertaining to this item were discussed: 2-1-1 annual renewal; better
coordination efforts for assisted evacuation; including the presentation on the City's website;
whether the Police and Fire departments have an internal departmental plan; if the City coordinates
hurricane preparedness seminars; the evacuation plan for island residents; whether all city staff are
on-call during hurricanes; food and shelter for emergency responders; and preparation for FEMA
reimbursements.
Council Member Chesney requested that this presentation be posted on the City's website
and that a hurricane briefing be presented to the Council annually in February or March. Mr.
Chesney also asked staff to consider holding a joint City/County seminar on hurricane awareness.
*************
Mayor Adame referred to Item 28 regarding a presentation on the proposed FY2010-2011
Operating Budget: Enterprise Funds. Assistant City Manager Oscar Martinez referred to a
powerpoint presentation including a summary of the fund balance for the utility funds; utility rate
increases; sample utility bill; components of the water rate increase for residential customers;
components of the rate increase for wastewater; the expenditures for the Water, Choke Canyon,
Minutes — Regular Council Meeting
June 22, 2010 — Page 14
Gas, Wastewater, and Storm Water Funds; and a summary of the fund balance for the Airport, Golf,
and Marina Funds.
The following topics pertaining to this item were discussed: the utility transfer of $6.2 million;
the recommendation of a 0% increase for gas; the debt service costs; the $9 million of utility
uncollectibles; the cost associated with the services provided; privatization and reorganization of
utility funds; the breakdown of components of the water rate increase; the raw water development
charge; the increase in storm water related to debt costs; plan for financing capital improvements;
restructuring water contracts; how the City is handling the issue of Texas Commission on
Environmental Quality (TCEQ) requirements; the single water treatment plant; the results of the last
gas audit from the Texas Railroad Commission; the curb and gutter program; the need for additional
ditch maintenance staff; the completion of the storm water master plan; and the debt payment for
the Choke Canyon system.
Council Member Scott requested an analysis and recommendation identifying the drivers
that are increasing the capital improvement costs. Mr. Scott also requested an estimated amount for
the raw water charges over the next 20 years.
Mayor Adame announced that the budget presentation would resume after public comment
which was posted for 4:00 p.m.
Mayor Adame called for petitions from the audience. Bill Eisenhauer provided ideas for the
reuse of the Memorial Coliseum property. Elizabeth Esparza, Builders Association, thanked the
Council for allowing the citizens to participate in Destination Bayfront
* * * * * * * * * * * * *
Mayor Adame returned to Item 28 regarding the proposed FY2010-2011 Operating Budget:
Enterprise Funds. Assistant City Manager Oscar Martinez provided a brief overview of the
expenditures for the Airport, Golf, and Marina funds and the budget calendar.
The following topics pertaining to this item were discussed: loss of revenue from the golf
course fund; other Texas cities that have privatized the management of the golf course; the
revenues for the golf fund being affected by the closure of the golf courses for improvements; the
number of proposals received for golf course management; the development of an internal proposal
by staff for the operations of the golf courses; consideration of a revenue sharing proposal or a fee
management proposal; and privatization of the recycling program.
Council Member Adler requested that staff provide a presentation on the recycling program
including the pros and cons; the cost savings; and the expenses.
* * * * * * * * * * * * *
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 4:28 p.m. on June 22, 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 June 22, 2010, which were approved by the City
Council on June 29, 2010.
WITNESSETH MY HAND AND SEAL, on this the 29th day of June, 2010.
Armando Chapa
City Secretary
SEAL