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HomeMy WebLinkAboutMinutes City Council - 07/20/2010MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 20, 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 *Arrived at 12:05 p.m. 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 Stan Whites with Grace United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Leal. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of July 13, 2010. A motion was made and passed to approve the minutes as presented. ************ Mayor Adame referred to Item 2 and the following board appointments were made: Civil Service Commission Catherine F. Lutz (Appointed) Hector Saenz, Jr. (Appointed) Ethics Commission Dr. Haysam D. Dawod (Appointed) Planning Commission A. Javier Huerta (Appointed) Govind B. Nadkarni (Appointed) John S. Taylor (Appointed) Civil Service Board Hector Saenz, Jr. (Appointed) Vicki Jean Alexander (Appointed) Oil and Gas Advisory Committee Patrick McCullough (Appointed) Gerald Rogen (Appointed) ************ Mayor Adame called for consideration of the consent agenda (Items 3 - 17). There were no comments from the public. City Secretary Chapa announced that staff is requesting to withdraw Item 10 and bring it back for consideration in August. City Secretary Chapa also announced that staff is requesting that Item 17 be pull for an amendment. Council members requested that Items 3, 11, and 12 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: INDEXED Minutes — Regular Council Meeting July 20, 2010 — Page 2 4. MOTION NO. 2010-174 Motion approving the purchase of one hundred and fifty (150) units of soft body armor from Nardis, Inc., of San Antonio, Texas in accordance with Bid Invitation No. BI -0048-10 based on best value for a total amount of $94,050. Funds are available from the Edward Byrne Justice Assistance Grant in the No. 1061 Police Grants Fund. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 5. MOTION NO. 2010-175 Motion approving the purchase of hardware, software, and services to upgrade the Port Aransas and Packery Channel 800 Mhz radio sites to Project 25 capable systems from Dailey & Wells Communications, of San Antonio, Texas based on sole source for a total expenditure of $113,400. Funds are available through the Public Safety Interoperable Communications Grant. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 6. MOTION NO. 2010-176 Motion approving the purchase of one (1) 2010 Dodge 3500D ambulance from Dallas Dodge Chrysler Jeep of Dallas, Texas for the total amount of $115,000. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H - GAC). This ambulance will be used to replace Medic Unit 2 which was in an accident and damaged beyond repair. Funds for the purchase of the ambulance are in the FY2009-2010 Fire Department Operating Budget. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 7. RESOLUTION NO. 028699 Resolution authorizing the City Manager or designee to execute a lease agreement with Del Mar College for 2,310 square feet of office and classroom space at Del Mar College West Campus to be used to provide administrative and instructional support to the Fire Academy, for annual rental payment of $40,000, subject to automatic annual renewals. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 8.a. RESOLUTION NO. 028700 Resolution authorizing the City Manager or his designee to submit a grant application, for the Solid Waste Department, in the amount of $25,000, to the Coastal Bend Council of Governments for recycling and anti -litter education and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Minutes — Regular Council Meeting July 20, 2010 — Page 3 8.b. RESOLUTION NO. 028701 Resolution authorizing the City Manager or his designee to submit a grant application, for the Neighborhood Services Department, in the amount of $31,000, to the Coastal Bend Council of Governments to fund a tire recycling event, and an advertising and educational campaign to promote proper disposal of tires and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 8.c. RESOLUTION NO. 028702 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $5,000 to the Coastal Bend Council of Governments for projects sponsored by the Advisory Committee on Community Pride and Clean City Advisory Committee to fund clean up, beautification and recycling events, and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 9.a. RESOLUTION NO. 028703 Resolution authorizing the City Manager or his designee to accept a grant of $50,000 from the Texas Department of State Health Services for personnel costs and travel expenses to fund a Hospital Preparedness 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 July 1, 2010. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 9.b. ORDINANCE N O. 028704 Ordinance appropriating a grant of $50,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to fund a Hospital Preparedness 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: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 10. WITHDRAWN BY STAFF Procedures" to limit service on boards, commissions, committees or corporations, effective upon passage. 13. ORDINANCE NO. 028707 Ordinance appropriating $125,000 from the Unreserved Fund Balance in the Fund No. 5612 for Workers Compensation Claims Costs; changing the FY 2009-2010 Budget adopted by Ordinance No. 028252 by increasing expenditures by $125,000. Minutes — Regular Council Meeting July 20, 2010 — Page 4 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". 14. MOTION NO. 2010-177 Motion authorizing the City Manager or his designee to execute Amendment No. 26 to the professional architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. (PGAL) of Dallas, Texas in an amount not to exceed $97,087.83, for a restated not to exceed total fee of $4,024,859.13 for additional construction management and inspection services for Taxiway Rehabilitation Project No. 10019, Taxiway Signage/Lighting Project No. 10020, Airfield Drainage Phase 6 Project No. 10021, and Airfield Perimeter Road Improvements Project No. 10027. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 15. MOTION NO. 2010-178 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Barcom Commercial Inc. of Corpus Christi, Texas, in the amount of $136,992.83 for Fire Station # 12 Driveway and Parking Lot Installation located at 2120 Rand Morgan Road. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 16. MOTION NO. 2010-179 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Environmental Consulting Services Contract with the Coastal Bend Bays & Estuaries Program, Inc. of Corpus Christi, Texas in the amount of $155,721 for a restated not to exceed fee of $527,441 for Phase 2 of the Nueces River Basin Feasibility Study (Nueces Delta Ecological Field Research and Nueces Delta Hydrodynamic Transport Analysis and Modeling). 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 3 regarding the purchase of heavy trucks. Council Member Leal stated that she did not support the use of the matrix system for evaluating bids and awards should be made to companies that are the lowest bidder. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2010-173 Motion approving the purchase of four (4) heavy trucks in the amount of $528,822; and the lease purchase of three (3) heavy trucks in the amount of $246,533 for a grand total of $775,355.00. The equipment is awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI -0160-10 based on low bid meeting specifications and low bid. The heavy trucks will be used by the Street, Water, and Wastewater Departments. All units are replacements to the fleet. Funding for the purchase of the heavy trucks is available in the Capital Outlay Budget of the Maintenance Services Minutes — Regular Council Meeting July 20, 2010 — Page 5 Fund. Financing for the lease purchase of the heavy trucks will be provided through the City's lease/purchase financing contractor. Corpus Christi Freightliner, Western Star Corpus Christi, TX Items: 1, 2, 3, & 4 $669, 095 SanTex Truck Center San Antonio, TX Item: 5 $106,260 Grand Total: $775,355 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 an Item 11 regarding the resale of foreclosed properties. Council Member Leal asked questions regarding the resale of the properties and the fund that the received monies will be applied. Interim Director of Financial Services Constance Sanchez explained that this action will allow the properties to be sold at auction and the funds received will be applied to the general fund ad valorem taxes. City Secretary Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 028705 Ordinance authorizing the resale of seventy-four (74) properties for $234,030 which were foreclosed upon for failure to pay ad valorem taxes, with opening bids at a tax resale auction of 30% of the most recent tax appraisal value, as described on the attached Exhibit A. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame opened discussion on Item 12 regarding the unreserved fund balance. In response to Council Member Leal, Assistant Director of Management and Budget Eddie Houlihan stated that the unreserved fund balance is estimated at $6.6 million at the end of FY2010. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 028706 Ordinance appropriating $360,682.91 in the General Fund No. 1020 from the Unreserved Fund Balance for reimbursement of improvements made by the Corpus Christi Independent School District at the Natatorium; changing FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 by increase appropriations by $360,682.91. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame opened discussion on Item 17 regarding the abandonment and vacation of property located in the Tyler Subdivision. Assistant City Manager Johnny Perales stated that staff has provided a substitute ordinance to address the underground and aerial easements and clarify the conditions of the closure. Minutes — Regular Council Meeting July 20, 2010 — Page 6 Council Member Martinez made a motion to adopt the substitute ordinance. The motion was seconded by Ms. Adler. In response to Mayor Adame, Mr. Perales stated that this action is required for the developer to move forward with construction. 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: 17. ORDINANCE NO. 028708 Ordinance abandoning and vacating a 1,509.327 -square foot portion of a ground utility easement, and a 1,917.239 -square foot portion of an aerial easement, out of Tyler Subdivision, Block 1, Lots 2, 12, and 13, and Tract B; requiring the owner, BL Real Estate Holding Company, LP to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". ************* Mayor Adame announced the executive session, which was listed on the agenda as follows: 18. 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. The Council went into executive session. The Council returned from executive session. No action was taken. ************ 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. 0610-01, Ralph and Irma Rivera: A change in zoning from the "B-4" General Business District to the "I-2" Light Industrial District to allow for a vehicle storage facility on property described as 1.266 acres, Patrick Gardens Block 1, Lot 3A North 102.7'; Patrick Gardens portion Lot 1, North 125' of Lots 2 & 3; Patrick Gardens 50' x 132.5' of Lots 1 & 2; Patrick Gardens South 50' of Northeast 186.5' of Lot 1; Patrick Gardens 57' x 100.1' of Lot 1 & East 50.05' of Lot 2, located at 621 Mohawk Street. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including a preface; an aerial view; existing land use map; the future land use map; the oblique view; "B-4" and "1-2" allowable uses; and additional views of the subject property. Ms. Macon stated that the Planning Commission and staff recommended denial of the "1-2" Light Industrial District and in lieu thereof, approval of the "B-4/SP" General Business District with a Special Permit subject to seven (7) conditions. Minutes — Regular Council Meeting July 20, 2010 — Page 7 Mayor Adame called for comments from the audience. Joe Omani, owner of Texas Adult Day Care, spoke in opposition to the zoning change and expansion of the business. He stated that the citizens in the area want the multiple trailers removed from the property. Mr. Omani added that he feels that the property is a junk yard located within a residential neighborhood that the company should move the business to a designated property zoned for junk yard uses. Abel Alonzo, 1701 Thames, stated that the applicant has contributed to the community and hopes that the Council supports the zoning request. Francis Rodriguez, employee of Texas Adult Day Care, stated that she circulated a petition opposing the zoning change and reported that the citizens do not want to see the junked cars on the property. John Bell, representative for the applicant, reported that the vehicle impound yard has been operating continuously since 1973. Mr. Bell stated that the purpose of the zoning request is to allow the applicant to continue operations of the pre-existing use under a Special Permit with seven (7) conditions approved by the Planning Commission. The following topics pertaining to this item were discussed: the hours of operation and enforcement; expansion of the property; other towing companies operating outside of approved zoning areas; the department responsible for monitoring the conditions; the time limit for the special permit; the time period the business has been in operation; the issue of the Drug Enforcement Administration (DEA) storage; approval by the Planning Commission; illegal expansion of the property in previous years; the definition of a vehicle storage facility; screening; and whether the fencing meets fire standards. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 028682 Amending the Zoning Ordinance, upon application by Ralph and Irma Rivera, by changing the Zoning Map in reference to 1.266 acres, Patrick Gardens Block 1, Lot 3A North 102.7'; Patrick Gardens portion Lot 1, North 125' of Lots 2 & 3; Patrick Gardens 50' x 132.5' of Lots 1 & 2; Patrick Gardens South 50' of Northeast 186.5' of Lot 1; Patrick Gardens 57' x 100.1' of Lot 1 & East 50.05' of Lot 2, from "B-4" General Business District to "B-4/SP" General Business District with a Special Permit to allow for a vehicle storage facility, subject to seven (7) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; 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, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick voting "No". ************* Mayor Adame opened discussion on Item 25 regarding the renaming of Oceanview Park located at 1516 Seventh Street. Assistant Director of Parks and Recreation Stacie Talbert explained that staff is recommending the renaming of Oceanview Park to Catalina Martinez Park. Ms. Talbert referred to a powerpoint presentation including a park aerial view; the timeline summary; and information on Catalina Martinez. Mayor Adame called for comments from the audience. Arturo Martinez, 1309 Sixth Street, provided a list of his wife's accomplishments including the development of the neighborhood association and the initiation of the park and Head Start center in the neighborhood. Mr. Martinez thanked Council Member Martinez, the Park and Recreation Advisory Committee, and staff for their support on the efforts to rename the park. Minutes — Regular Council Meeting July 20, 2010 — Page 8 Council Members Marez and Martinez spoke in support of the name change and honoring Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: 25. FIRST READING ORDINANCE Renaming the park located at 1516 Seventh Street from Oceanview Park to Catalina Martinez Park. 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. Mayor Adame opened discussion on Item 32 regarding the Bayfront Development Plan — Phase 1 improvements. Director of Engineering Services Pete Anaya explained that the change order consists of the extension of the landscape maintenance and the installation of skate stopper devices to prevent further damage. Raymond Gignac, Gignac and Associates, provided a brief overview of the landscaping maintenance; the reason for including the skate stoppers; and a status of the improvements. Mayor Adame called for comments from the audience. Lean Loeb, 921 N. Chaparral, spoke in opposition to using bond funds to support landscaping maintenance. Mr. Loeb also spoke in support of the effective tax rate. J.E. O'Brien, 4130 Pompano, supported the comments made by Mr. Loeb regarding the use of bond funds for the landscaping maintenance. The following topics pertaining to this item were discussed: the expected timeframe for completion of the cafe, kiosk and the pergola; the wind turbines; the shade structures; including skate stoppers as part of the contract for future improvements to the Bayfront Development Plan; using bond proceeds to fund the landscaping maintenance and the source for future funding of the landscaping maintenance; and whether the landscaper is a local contractor. A brief discussion ensued regarding the funding for the landscaping maintenance. There was a general consensus of the Council to postpone approval of this item until after the budget discussions to allow staff to find an alternate source of funding the landscaping maintenance. ************* Mayor Adame opened discussion on the special budget consideration items (20-23). Assistant City Manager Martinez requested that Council discuss the special budget considerations items in the following order: the Development Services fees; the fee/rate increases; and approval of the budget. Mayor Adame opened discussion on Item 23 regarding Development Services fees. Mr. Martinez stated that staff is requesting that Council defer action on the Development Services fees for 60 days. Mr. Martinez added that staff is recommending decreasing the revenues by $135,000 and reducing expenditures by $135,000 in the proposed budget Mr. Scott made a motion to defer action on the Development Services fees for approximately 60 days. The motion was seconded by Mr. Kieschnick, Minutes — Regular Council Meeting July 20, 2010 — Page 9 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" 23. DEFERRED ACTION FOR APPROXIMATELY 60 DAYS Ordinance amondii g Chapter 14 "Development Services," Article XIII, "Development Services Fees", Division 1, "Technical Construction Code Fees", Section 14 1302, "Standardizod Building Valuation"; Section 14 1304, "Processing And Plan Review Fcc"; Scction 14 1306, "Special Fccs"; Scction 11 1307, "Reduced Fccs"; Scction 14 1312, "Accounting"; and Section 11 1313, "Technical Construction Code Fcc Schedules", of tho Cada of Ordinances, City of Corpus Christi, to provide for minimum permit fees, simplified review by internal staff; to provide for special inspections on non standard days and hours; City limits, electrical permit fees, plumbing permit fees, mechanical permit fees, fuel gas 1, 2010. Mayor Adame opened discussion on Items 22 a. and 22.e. regarding the proposed utility rate increases included in the proposed FY2010-2011 budget. Mr. Martinez provided an explanation of the proposed increases for the utility rates for Water and Wastewater and the driving factors affecting those rates. Mr. Martinez added that lowering the operating costs and decreasing the current annual debt service coverage to the minimum of 1.25% or below, could affect the City's bond rating and lead to legal action from the bond holders requiring the City to increase rates. Mark Seal, Financial Advisor, reported that he was asked by staff to provide information regarding the affect of the bond rating moving forward should the City not adopt rates sufficient to meet coverage or maintain the current credit levels. Mr. Seal referred to a response letter provided to the City with the following information: the City's current bond ratings; the likelihood that rating agencies will find discomfort should the City drop rate increases to met the debt service coverage to a minimum; the cost associated with a drop in credit ratings; technical default of the bond conveyance; and bond holder remedies. Mr. Seal stressed that it is extremely important that the City maintain the current levels in the utility fund to maintain the current credit ratings. The following topics pertaining to this item were discussed: the standard debt service coverage ratio for other cities with AA ratings; maintaining a rate structure that provides comfort to the bond holders; the term "chilled out of the market place"; establishing a rate that has appropriate debt coverage; the sale of bonds to pay back the debt the City has incurred; the description of the capital improvement process (CIP); the projects related to the rate increases; including utility infrastructure work as part of future bond issues; the schedule of required utility increases through 2019 even if the capital improvement program was reduced to zero; consideration to develop a reserve fund to pay-as-you-go or pay down the debt; recommendations from staff to discuss the CI P and the Operating Budget simultaneously, prioritize the CIP projects, and use of the commercial paper program; the affect an the utilities departments should the Council consider reducing the increase for operations; revenues collected in the Water and Wastewater departments; whether specific calculations have been done to show that not doing a one-time rate increase or lower the increase will make the City in default on the bond conveyance; the rate model for the CIP; the amount of revenue for the utility rate increases; and the letter submitted by County Judge Neal regarding utility payments. Minutes — Regular Council Meeting July 20, 2010 — Page 10 Ms. Martinez made a motion to direct staff to address the plan for the capital improvement program (CIP). The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent. Ms. Martinez made a motion to direct staff to develop a policy to include utility infrastructure work as part of future bond elections. The motion was seconded by Mr. Elizondo. 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 asked if there were any comments from the audience. J.E. O'Brien, 4130 Pompano, spoke in opposition to utility rate increases and suggested that if an increase is required to cover debt service requirements, the Council should only support an increase for that purpose. Mr. O'Brien urged the Council to table the second reading of the budget until July 27th after the certified tax rolls are received. Abel Alonzo, 1701 Thames, asked the Council to vote to support what is in the best interest of this community. Steve Horton, 15921 Cuttysark, spoke regarding the City of McAllen's growing economy and suggested marketing Corpus Christi and providing tax abatements to encourage growth in the City. Mary Ann Kelly, 4302 Schanen, asked the Council to vote in opposition to the utility rate increases. Louis Hoelscher, 4429 Congressional, recommended postponing the vote on the budget until the City receives the certified tax rolls and asked the Council to not increase rates more than the debt requirements. Mr. Chesney made a motion to amend Items 22.a. and 22.e. and support only what is necessary to maintain the City's bond conveyance and cover the minimum debt obligations. Mr. Chesney stated that he was only recommending this motion because the taxpayers would be burdened with the cost of the default if the City did not increase the utility rates to fulfill the debt requirements. The motion was seconded by Mr. Kieschnick. A brief discussion ensued regarding the affects of cutting the operating costs for the Water and Wastewater Departments and the rates for the customer classes. The foregoing motion failed with the following vote: Chesney, Elizondo, Kieschnick, and Leal, voting "Aye'; Adame, Adler, Marez, Martinez, and Scott, voting "No". City Secretary Chapa polled the Council for their votes as follows: 22.a. ORDINANCE NO. 028686 Amending Sections 55-50, 55-52, 55-113 and 55-70(9) and adding new Section 55-55, 55- 56, and 55-115, Code of Ordinances, City of Corpus Christi, regarding Water Rates; providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye"; Chesney, Kieschnick, and Leal, voting "No". 22.e. ORDINANCE NO. 028690 Amending Sections 55-100, 55-102, and 55-148, Code of Ordinances, City of Corpus Christi, regarding Wastewater Rates; and providing for publication. (First Reading - 07/13/10) Minutes — Regular Council Meeting July 20, 2010 — Page 11 The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye"; Chesney, Kieschnick, and Leal, voting "No". Mayor Adame opened discussion on Items 22.b., 22.c., 22.d., 22.f., 22.g., 22.h., 22.i., 22.j., and 22.k. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 22.b. ORDINANCE NO. 028687 Amending Article III, Chapter 12, Code of Ordinances, City of Corpus Christi, regarding the Sunrise Beach Recreation Site; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Chesney, Elizondo, and Leal, voting "No". 22.c. ORDINANCE NO. 028688 Amending Sections 55-61 and 55-63, Code of Ordinances, City of Corpus Christi, regarding Gas Rates; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Chesney, Elizondo, and Leal, voting "No". 22.d. ORDINANCE NO. 028689 Amending Section 35-147(d), Code of Ordinances, City of Corpus Christi, regarding Pipeline Reporting Fees; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Chesney, Elizondo, and Leal, voting "No". 22.f. ORDINANCE NO. 028691 Amending Section 18-1(b)(12), Code of Ordinances, City of Corpus Christi, regarding Fire Code Fees; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Chesney, Elizondo, and Leal, voting "No". 22.g. ORDINANCE NO. 028692 Creating new Section 19-105, Chapter 19, of the Code of Ordinances, regarding Reinspection of Frozen Dessert Machines and related fee; amending the following provisions of Chapter 23, Code of Ordinances: Section 23-18, entitled "Schedule of Fees for Clinical Health Services and Policies Related to the Imposition And Collection of Such Fees," to revise existing fees and applicable provisions; and Section 23-19, entitled "Fee for Laboratory Testing of Water Samples", to revise the title and establish new fees for Vector Minutes — Regular Council Meeting July 20, 2010 — Page 12 Services; creating new Section 23-24, Entitled "Rental and Use of Facilities," regarding rental of the Auditorium, equipment, and fees; providing for an effective date; providing for penalties; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Chesney, Elizondo, and Leal, voting "No". 22.h. ORDINANCE Amending various provisions of Chapter 21 of the Code of Ordinances, entitled "Garbage, trash and other refuse" to revise existing fees, add new definitions and language, and establish new fees; providing for an effective date; providing for penalties; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Chesney, Elizondo, and Leal, voting "No". (Note: After the vote was taken, a motion to reconsider was made by Council Member Scott and seconded by Council Member Martinez and passed unanimously. Discussion and action follows Item 22.k.) 22.i. ORDINANCE NO. 028694 Amending Code of Ordinances, Chapter 17, to establish fees for Public Information Office: $25 CCTV Community Event Bulletin Board slide fee, and $75/hour fee for video production services, and include Council Chambers audio video services after business hours fee of $50/hour; providing an effective date; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Chesney, Elizondo, and Leal, voting "No". 22.j. ORDINANCE NO. 028695 Amending the Code of Ordinances, Chapter 2 regarding $5.00 Lost Library Item Processing Fee; providing an effective date, and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Chesney, Elizondo, and Leal, voting "No". 22.k. ORDINANCE NO. 028696 Amending Section 31/2-2, Code of Ordinances relating to the fees charged for Alarm Systems; providing an effective date, and providing for publication. (First Reading - 07/13/10) Minutes — Regular Council Meeting July 20, 2010 — Page 13 The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Chesney, Elizondo, and Leal, voting "No". Council Member Kieschnick requested that the Council reconsider Item 22.h. to discuss the removal of Section 21-11(f). Council Member Kieschnick stated that he felt that the requirement that placement of recycle bins and carts shall be set out for collection before 7:30 a.m. on collection day and not prior to 5:00 a.m. is unenforceable. Council Member Scott made a motion to reconsider Item 22.h. The motion was seconded by Ms. Martinez and passed unanimously. Mr. Scott made a motion to delete Section 21-11(f). The motion was seconded by Ms. Martinez. The 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: 22.h. ORDINANCE NO. 028693 Amending various provisions of Chapter 21 of the Code of Ordinances, entitled "Garbage, trash and other refuse" to revise existing fees, add new definitions and language, and establish new fees; providing for an effective date; providing for penalties; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal voting "No". ************* Mayor Adame called for petitions from the audience. Brandi Williams, General Chair of the Sister City Committee, spoke regarding the selection criteria for Sister City student representatives. Dan Winship, 13509 Queen Johann and on behalf of the Island Political Action Committee, thanked the Council for serving the City and spoke in opposition to rate and property tax increases. Rick Hayley; Stacy Richards; Michelle Peters, 401 Clifford; Heidi Hodva, 1022 Harrison; and Abel Alonzo, 1701 Thames, asked that the Council not remove the Pride/Clean City Coordinator position from the budget. Wilhelmina Stackhouse, 2424 Dempsey, asked the City for assistance in cleaning up the Hillcrest neighborhood. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce, spoke in support of the effective tax rate. Dr. Robert Furgason, 1334 Sandpiper, thanked the Council for supporting the Art Museum of South Texas and items that improve the quality of life in the City. Donna McClure, 4120 Loma Alta, said she would support the cuts recommended in the budget as long as the Council makes responsible decisions moving forward. Lee Brandon, 4217 Five Points Road, asked the Council not to burden the unemployed citizens with higher rates. Mayor Adame called for a 10 -minute break. ************* Mayor Adame opened discussion on Item 20 regarding the FY2010-2011 Operating Budget. Assistant City Manager Oscar Martinez provided a brief overview of the motions made last week for the Convention and Visitors Bureau (CVB) marketing funding plan; the Rapid Response Brush Program; the Development Services budget; and dedicating saving from Minutes — Regular Council Meeting July 20, 2010 — Page 14 reorganization/consolidation efforts to street maintenance. A discussion ensued regarding whether the Council would like staff to realize the saving from the reorganization/consolidation efforts going forward or recognize the saving now. Mr. Martinez referred to a powerpoint presentation including an overview; the four (4) day work week strategy; specific issues to be evaluated; revenue strategies discussed; the effective tax rate; highlights in the proposed budget; a budget reduction initiatives summary; current staff recommendations to restructure the organization; recommendations for consolidation and reorganization; department recommended budget reductions; executive staff recommended reductions; continuing initiatives; summary of savings initiatives. The following topics pertaining to this item were discussed: the estimated savings for the four (4) day work week; the surplus property disposition; health insurance; the status of the employee clinic; consolidation of payroll services and consideration to privatize these services; the $1.6 million loss for maintaining the effective tax rate; and the savings from vacancies occurring during the fiscal period. There was a general consensus of the Council to suspend implementation of the four (4) day work week. Council Member Marez requested that staff bring back an item to discuss the Request for Proposal (RFP) process for the health insurance plan. Mr. Chesney made a motion to include the $500,000 savings from vacancies occurring during the fiscal period in the budget. The motion was seconded by Mr. Elizondo. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal voting "No". Mr. Chesney made a motion to eliminate the funding for the Deputy City Manager position in the amount of $175,000. The motion was seconded by Mr. Kieschnick. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mr. Chesney made a motion to realize the savings from the vacant positions not currently filled including the library positions - $70,000, the park maintenance staff - $70,000, and a safety coordinator - $55,000, for a total amount of $195,000. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mr. Chesney made a motion to eliminate the supervisory training for all departments in the amount of $8,750. The motion was seconded by Mr. Kieschnick. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Minutes — Regular Council Meeting July 20, 2010 — Page 15 Council Member Chesney asked that Council Member Scott consider an amendment to his motion last week regarding transferring all economic development assets. Mr. Chesney recommended reducing the Director of Economic Development position in the amount of $105,000 and transferring the employee position and only $100,000 to the EDC, with a savings of $205,000 in the budget. A brief discussion ensued regarding the total budget of the Economic Development Department (EDD); staff's recommendation; and the structure and responsibilities. Mr. Scott stated that he did not support the amendment. Mr. Chesney asked to return to this item. Mr. Chesney made a motion to freeze the Assistant City Manager position in the amount of $150,000. The motion was seconded by Mr. Elizondo. City Secretary Chapa polled the Council for their votes as follows: The motion failed with the following vote: Chesney, Elizondo, Leal, and Marez, voting "Aye"; Adame, Adler, Kieschnick, Martinez, and Scott, voting "No". Mr. Chesney made a motion to reduce the Director of Economic Development position in the amount of $105,000 and transfer the assets and $125,000 to the Economic Development Corporation (EDC) for a total savings of $205,000. The motion was seconded by Mr. Kieschnick. A brief discussion ensued regarding the location of the Economic Development Manager and the responsibilities of the EDC and the City. Council Member Martinez directed staff to develop an agreement and understanding with the EDC to determine the functions and responsibilities. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, and Leal, voting "Aye"; Elizondo, Marez, Martinez, and Scott, voting "No" In response to Council Member Chesney, Assistant City Manager Martinez provided an explanation of the current payroll functions and the proposed consolidation services. Interim Assistant City Manager Cindy O'Brien stated that this procedure will centralize payroll services and provided for consistency. Mr. Chesney made a motion to consolidate the payroll services for a savings of $500,000. The motion was seconded by Mr. Kieschnick. Mr. Kieschnick asked that staff consider the opinion of an RFP or RFQ process for privatization. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. Based on the cuts approved today, Mr. Chesney made a motion to maintain the effective tax rate at $0.56, thus lowering the effective tax rate. The motion was seconded by Ms. Leal. A brief discussion ensued regarding allocating the savings for street maintenance or in reserve for the upcoming years instead of maintaining the effective tax rate. 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". Mr. Scott made a motion to move approximately $1.6 million into the street maintenance fund. The motion was seconded by Mr. Marez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the foregoing vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Minutes — Regular Council Meeting July 20, 2010 — Page 16 Mr. Kieschnick made a motion to support the remaining savings recommended by staff with the exception of the Assistant City Manager Position. The motion was seconded by Mr. Marez. Mayor Adame expressed concern with the elimination of the Pride Coordinator. Mr. Kieschnick amended his motion to exclude the Pride Coordinator position. In response to Mr. Marez, Mr. Kieschnick stated that his motion included the furlough day. Mr. Marez withdrew his second. The motion failed for lack of second. Mr. Kieschnick made a motion to outsource the facility maintenance staff in the amount of $269,841. The motion failed for lack of second. Mayor Adame called for comments from the audience. David Loeb, 522 Hancock, thanked the Council for their continued support of downtown and asked the Council to keep in mind how garbage and potholes affect businesses in the community. Mr. Loeb stated that he would like lower property taxes, however the goal is to make sure that the services go to the community, City Secretary Chapa polled the Council for their votes as follows: 20.a. ORDINANCE NO. 028683 Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2010; to be filed with the County Clerk; appropriating monies as provided in the budget. (First Reading — 07/13/10) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Adame, Adler, Marez, Martinez, and Scott, voting "Aye"; Chesney, Elizondo, Kieschnick, and Leal, voting "No". 20.b. ORDINANCE NO. 028684 To ratify increase of $1,380,315 in property tax revenues from last year's Operating Budget as reflected in the 2010-2011 Operating Budget. (First Reading — 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Marez, Martinez, and Scott, voting "Aye"; Chesney, Elizondo, Kieschnick, and Leal, voting "No". Mayor Adame opened discussion on Item 21 regarding the Compensation and Classification ordinance. Director of Human Resources Cynthia Garcia explained that this item allows for the implementation of the compensation plan approved in the budget. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 028685 Amending Code of Ordinances, Chapter 39, Personnel, Article III Employee Compensation and Classification System, revising Section 39-309 Coverage Under the City's Group Health Plan to Establish the City Contribution for Citicare Premium Coverage, Revising Section 39- 312 Retirees Participation in the City's Group Health Insurance Program at Group Rates to clarify that Group Rates are based upon the Retiree Group, Repealing All Other Ordinances, and Rules, or Parts of Ordinances and Rules, in conflict with this Ordinance; Providing for Effective Date. (First Reading — 07/13/10) Minutes — Regular Council Meeting July 20, 2010 — Page 17 The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Adler and Leal were absent. ************* Mayor Adame announced that he would abstain from the vote and discussion on Item 24. Mayor Pro Tem Elizondo opened discussion on Item 24 regarding the private development efforts and re -development in the area in the vicinity of the American Bank Center. Assistant City Manager of Development Services Johnny Perales provided a background on this item and explained that this item is a resolution supporting the anchor project to be considered for adoption. Council Member Scott stated that Joe Esch with Wallace Bajjali Development Partners, LP never received the resolution. Mr. Scott added that Mr. Esch requested that the term "receipt of a request from the land owners on a proposed conceptual development plan" was not included in the resolution. In response to Mr. Scott, Mr. Perales stated that staff has no problem including the language in the resolution. Mr. Scott made a motion to amend the resolution to include the language "receipt of a request from the land owners on a proposed conceptual development plan". The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Adame abstained; Adler and Leal were absent. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. RESOLUTION NO, 028697 Resolution declaring the City of Corpus Christi's interest in supporting a private development effort to create an anchor project for future development and re -development in an area in the vicinity of the American Bank Center. The foregoing resolution was passed and approved as amended with the following vote: Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Adame abstained; Adler and Leal were absent. Mayor Adame opened discussion on Item 26 regarding privatization and outsourcing, reorganization, and operational & management practices. Assistant City Manager Martinez explained that this item was tabled on June 6t. Mr. Martinez provided a brief background and presented the following options for consideration: Option 1 - allowing Crowe Horwath to go to Phase 2 to evaluate the nine (9) initiatives identified; Option 2 - direct staff to select one (1) to five (5) of the privatization and outsourcing initiatives to present to Council to enter into a limited contract for Phase 2 with Crowe Horwath; Option 3 — allow the Administration Committee to review, evaluate and select one (1) to five (5) of the privatization and outsourcing initiatives to present to the full Council, and enter into a contract for Phase 2 with Crowe Horwath. Mr. Martinez stated that staff is recommending Option 3. The following topics pertaining to this item were discussed: whether Option 3 included appropriating funding; consideration to not use Crowe Horwath any further; having staff address the initiatives; and whether staff has the capacity to handle evaluating and implementing the initiatives. Minutes — Regular Council Meeting July 20, 2010 — Page 18 There were no comments from the audience. Mr. Martinez clarified that the recommendation is not to appropriate any funding, authorize staff to work with Crowe Horwath to identify one (1) to five (5) projects and make a presentation to the Administration Committee that shows the value of proceeding forward with Phase 2. Mr. Martinez added that if the Administration Committee deems that there is no value, then the decision will be to direct staff to continue. A motion was made and seconded directing staff to work with Crowe Horwath on one (1) to five (5) projects and bring back to the Administration Committee, The motion failed with the following vote: Adame, Elizondo, Martinez, and Scott, voting "Aye"; Chesney, Kieschnick, Leal and Marez, voting "No"; Adler was absent. Mr. Chesney made a motion directing staff to proceed and work with the Administration Committee to bring back recommended projects for privatization/outsourcing for final approval by the full Council. The motion was seconded by Mr. Marez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler was absent. Based on the previous motion, the following items regarding privatization and outsourcing were not voted on: 26.b. Ordinance appropriating $175,000 from the Unreserved Fund Balance in thc Gcncral Fund General Fund No. 1020 by $175,000. (Tablcd on 7/06/10) 26.c. Motion authorizing thc City Manager or his designee to negotiato a service agroomont (OPTION 1) with Crowo Horwath LLP of Irving, TX, for an amount not to cxcccd $175,000, to provide for tho quantifying of projected dollar amounts of cost-saving/revenue enhancing initiatives, and for othcr rclatcd services ("Phase 2") concerning the privatizing and ccrvicc agrccmcnt will oxtond through the date Crowe Horwath prevents its results to City • 7/06/10)- 26.d. /06/10} - - LIS . , -- - - 26.d. Motion authorizing thc City Manager or his designee to select ono to five Privatization & • ., Horwath LLP of Irving, TX, for an amount commensurate with thc one to five Privatization & OutFourcing initiatives selected by the City Manager or his dosignec, to provide for the quantifying of projcctcd dollar amounts of cost-saving/revenue enhancing initiatives, and for othcr rclatcd scrviccs ("Phase 2") concerning the privatizing and outsourcing of certain portions of thc City's munici functions. The -City Manager's selections and the negotiated service agreement will be presented to City Council for final approval prior to Crowc Horwath presents its moults to City Council. (Tablcd on 7/06/10} z. Privatization & Outcourcing initiativcs (OPTION 3) and authorizing tho City Managor or h'o designee to negotiate a service agreement with Crewe Horwath LLP of Irving, TX, for an the City Council's Administration Committee, to provido for thc quantifying of projcctcd dollar Minutes -- Regular Council Meeting July 20, 2010 — Page 19 government functions. The City Council's Administration Committee's selections and the corresponding service agreement negotiated by staff will bo prosonted to City Council for final approval prior to implementation of Phase 2. The term of the service agreement will extend through the date Crowo Horwath presents its results to City Council. (Tablod on 7106110) Mayor Adame opened discussion on Item 27 regarding the Oso Water Reclamation Plant Service Area Collection System Enhancement Program Indefinite Delivery Indefinite Quantity (IDIQ) Contract. Director of Engineering Services Pete Anaya explained that this item is for approval of a construction contract for $1,500,000 with Huff and Mitchell, Inc. The following topics pertaining to this item were discussed: funding from the capital improvement program (CIP); the base bid ranges; the estimated total cost of the project over three years; an explanation of the IDIQ contract; sanitary sewer overflows; whether funding was appropriated when the Council approved the CIP; and the size of the lines. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27. MOTION NO. 2010-180 Motion authorizing the City Manager or his designee to execute a construction contract with Huff and Mitchell, Inc. of Cypress, Texas, in the amount of $1,500,000 for the first 12 -month period (Base Year) for the Oso Water Reclamation Plant Service Area Collection System Enhancement Program Indefinite Delivery Indefinite Quantity (IDIQ) Contract. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler was absent. Mayor Adame opened discussion on Item 28 regarding the development of an Energy Efficiency Conservation Strategy and Community Sustainability Plan. Director of Engineering Services Pete Anaya explained that this item includes an appropriating of grant funding and the approval to engage services with HDR Engineering. Mr. Anaya referred to the fee schedule and stated that there is an appropriation of $500,000 to expand the CNG fueling infrastructure and $300,000 to expand the existing incentive program for residential construction of natural gas. Carl Crull, HDR Engineering, was available to respond to questions. The following topics pertaining to this item were discussed: the total amount of the grant; the amount left from the application; and the summary of the fee for basic services. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 28.a. ORDINANCE NO. 028698 Ordinance appropriating $2,507,500 from a Department of Energy Grant in the No. 1071 Community Enrichment Grants Fund for development of an Energy Efficiency Conservation Strategy and Community Sustainability Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler was absent. Minutes — Regular Council Meeting July 20, 2010 — Page 20 28.b. MOTION NO. 2010-181 Motion authorizing the City Manager or his designee to execute a Professional Services contract in the amount of $1,471,000 with HDR Engineering of Corpus Christi, Texas for preparation and implementation of the Energy Efficiency Conservation Strategy and Community Sustainability Plan. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler was absent. Mayor Adame opened discussion on Item 29 regarding the purchase of vehicles and installation of dedicated CNG Fuel System conversion. Assistant Director of Financial Services Michael Barrera explained that this item is for award of the purchase of CNG vehicles and the conversion to CNG vehicles. There were no comments from the audience, City Secretary Chapa polled the Council for their votes as follows: 29. MOTION NO. 2010-182 Motion approving the purchase of ten (10) pickup trucks, ten (10) light duty pickup trucks, four (4) heavy duty vans, and two (2) medium duty trucks and the installation of dedicated CNG Fuel System Conversion on ten (10) vehicles from the following companies for the following amounts in accordance with Bid Invitation No. BI -0145-10, based on low bid, best bid and low bid meeting specifications, for a total amount of $800,752.75. These vehicles will be used by the Gas, Water and Wastewater Departments. Twenty-three (23) vehicles are replacement units and three (3) units are additions to the fleet. Funding for the purchase of vehicles is available in the Water Fund, Community Enrichment Grant Fund No. 1071 and the Capital Outlay budget of the Maintenance Services Fund. Westway Ford Irving, TX Line Items: 1, 2, 3, & 8 $244,688 Champion Ford Corpus Christi, TX Line Items: 4, 6, 7, & 10 $253,509 Holiday Ford Whitesboro, TX Line Items; 5, 9, & 11 $167,555.75 Access Ford Corpus Christi, TX Line Item: 12 $135,000 Grand Total: $800,752.75 The foregoing motion was passed and approved with the following vote: Adame, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler and Elizondo were absent. Mayor Adame opened discussion on Item 30 regarding the Police Vehicle Impound Facility, Phase 1. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; location; project site; schedule and costs. Shane Torno, Freese and Nichols, was available to respond to questions. The following topics pertaining to this item were discussed: CIP funding; whether the City owns additional land around to site for expansion; and utilities not included in the Bond 2008 issue. Minutes — Regular Council Meeting July 20, 2010 — Page 21 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 30. MOTION NO. 2010-183 Motion authorizing the City Manager, or his designee, to execute a Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,107,855.57 for the Police Vehicle Impound Facility, Phase 1 for the Total Base Bid plus Additive Alternate Nos. 1, 3 and 4. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler was absent. Mayor Adame opened discussion an Item 31 regarding the O.N. Stevens Process Monitoring Instrumentation and Automation Improvements. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; existing O.N. Stevens Water Treatment Plant (ONSWTP) processes; ONSWTP improvements; benefits; project scope; budget; and schedule. Deputy Director of Water Mark Van Vleck and Director of Water Gus Gonzalez were available to respond to questions. In response to Council Member Leal, Mr. Anaya clarified that the funding is available through the Water CIP FY2010 through the commercial paper program. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 31. MOTION NO. 2010-184 Motion authorizing the City Manager or his designee to execute a Construction Contract with KST Electric of Corpus Christi, Texas in the amount of $1,828,992.39 for the O.N. Stevens Process Monitoring Instrumentation and Automation Improvements for the total base bid. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Marez, Martinez, and Scott, voting "Aye"; Chesney, Kieschnick, and Leal, voting "No"; Adler was absent. City Secretary Chapa announced that that Item 33 was postponed by staff. 33. Now Economic Development Website Demeestration Mayor Adame returned to discussion on Item 32 regarding the Bayfront Development Implementation Plan, Phase 1. Assistant City Manager Oscar Martinez stated that during the budget discussion, there was a recommended budget reduction of approximately $66,000 saving for five (5) Recreation Coordinators in the Park and Recreation Department. Mr. Martinez added that staff is recommending using these funds to fund the maintenance landscaping. Ms. Leal requested that the record reflect that that she wanted to change her vote to "No" on Items 27 and 30 based on misinformation provided. The following topics pertaining to this item were discussed: the landscaping maintenance schedule; whether there was pad site on the park for a restaurant and consideration of an RFP; consideration of naming rights opportunities to recognize revenue; the parking for the pad site; the location of the pad site; and the square footage for the pad site. Minutes — Regular Council Meeting July 20, 2010 — Page 22 Ms. Martinez made a motion to amend item 32 to accept staff's recommendation for funding. The motion was seconded by Mr. Scott. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal voting "No"; Adler and Chesney were absent. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 32. MOTION NO. 2010-185 Motion authorizing the City Manager or his designee to execute Change Order No. 23 to the construction contract with Haas Anderson Construction of Corpus Christi, Texas in an amount not exceed $84,379.65, for a restated not to exceed contract amount of $15,540,947 for 12 months extended landscape maintenance with option to renew for 12 months and installation of skate stopper devices for the Bayfront Development Plan — Phase 1 Improvements. (BOND ISSUE 2008) The foregoing motion was passed and approved as amended with the following vote: Adame, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal voting "No"; Adler and Chesney were absent. ************* Council Member Martinez directed staff to provide an update on the utility bill donation for the Art and Cultural Alliance. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 8:36 p.m. on July 20, 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 July 20, 2010, which were approved by the City Council on August 17, 2010. WITNESSETH MY HAND AND SEAL, on this the 17th day of August, 2010. Armando Chapa City Secretary SEAL