HomeMy WebLinkAboutMinutes City Council - 02/15/2011MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 15, 2011 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Nelda Martinez
Council Members:
Chris Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John Marez
Mark Scott*
Linda Strong
`Arrived at 1:33 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 Reverend Miriam Berger with Christus Spohn Health
System 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 and
Workshop meeting of February 8, 2011. Council Member Elizondo announced that his intention
was to abstain on Item 14 of the February 8th Regular meeting and asked for the record to reflect
that abstention. Ms. Martinez made a motion to accept the amendment. The motion was seconded
by Mr. Kieschnick.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Scott was absent.
Ms. Martinez made a motion for approval of the minutes of the regular Council meeting of
February 8, 2011 as amended and the workshop meeting of February 8, 2011. The motion was
seconded by Ms. Leal.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Scott was absent.
* * * * * * * * * * * *
Mayor Adame called for consideration of the consent agenda (Items 2 - 11). There were no
comments from the public. Mayor Adame requested that Item 6 be pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
2.a. ORDINANCE NO. 028950
Ordinance appropriating and approving the transfer of funds in the amount of $1,270,000
from the Unreserved Fund Balance in the No. 1020 General Fund for "one time"
INI)EEO
Minutes -- Regular Council Meeting
February 15, 2011 -- Page 2
expenditures into the Capital Outlay Budget of the Maintenance Services Fund No. 5110 for
the purchase of vehicles; changing the FY 2010-2011 Operating Budget adopted by
Ordinance No. 028683 by increasing appropriations by $1,270,000 in the No. 1020 General
Fund, and by increasing both estimated revenues and appropriations in the No. 5110
Maintenance Services Fund by $1,270,000 each.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong,
voting "Aye"; Scott was absent.
2.b. MOTION NO. 2011-043
Motion approving the purchase of thirty-one (31) police package sedans from Champion
Ford, of Corpus Christi, Texas in accordance with Bid Invitation No. BI -0066-11, based on
only bid for a total amount of $709,838. These units are replacements to the fleet and will
be used by the Police Department, Uniform Division and Crime Control. Funding is available
in the FY 2010-2011 Capital Outlay Budget of the Fleet Maintenance Fund and the Crime
Control District Budget.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Scott was absent.
3.a. RESOLUTION NO. 028951
Resolution authorizing the City Manager or his designee to accept a $64,697.68 grant
awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the
FY 2011 Senior Community Services, Elderly Nutrition Program.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Scott was absent.
3.b. ORDINANCE NO. 028952
Ordinance appropriating a $64,697.68 grant from the Texas Department of Agriculture
Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the
FY 2011 Senior Community Services, Elderly Nutrition Program.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong,
voting "Aye"; Scott was absent.
4. RESOLUTION NO. 028953
Resolution authorizing the City Manager or his designee to submit a grant application to the
Bureau of Reclamation in the amount of $55,000 for costs associated with Energy Control
Systems at the O. N. Stevens Water Treatment Plant, with a City match of $55,000 in the
No. 4010 Water Fund, and a total project cost of $110,000.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Scott was absent.
Minutes -- Regular Council Meeting
February 15, 2011 — Page 3
5. RESOLUTION NO. 028954
Resolution authorizing the City Manager or his designee to submit a grant application to the
Bureau of Reclamation in the amount of $48,750 for costs associated with energy monitoring
systems at the Navigation Boulevard, South Staples, and Sand Dollar Water Pump Stations,
with a City match of $48,750 in the No. 4010 Water Fund, and a total project cost of
$97,500.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Scott was absent.
7. ORDINANCE NO. 028961
Ordinance authorizing the resale of six (6) properties for $8,250 which were foreclosed upon
for failure to pay ad valorem taxes, of which the City shall receive $162.03, plus $225.41 for
partial payment of City paving and demolition liens.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong,
voting "Aye"; Scott was absent.
8. MOTION NO. 2011-044
Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a
professional architectural/engineering services contract with Urban Engineering, Inc. of
Corpus Christi, Texas in an amount not to exceed $186,476 for a restated total not to
exceed fee of $222,026 for the Aquarius Drive from Dasmarinas to Commodores project for
Basic Service (Detailed Design, Bid. Phase and Construction) and Additional Services -
Project No. 6472. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Scott was absent.
9. MOTION NO. 2011-045
Motion authorizing the City Manager or his designee to execute a construction contract with
Bridges Specialties Inc. of Sandia, Texas, in the amount of $414,290.10 for the Salt Flats
Drainage System Improvements Phase III Sta. 5+20 through Sta. 17+50 for the Total Base
Bid.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Scott was absent.
10. RESOLUTION NO. 028962
Resolution amending Resolution No. 028897 which authorized the execution of a Local
Project Advance Funding Agreement with the Texas Department of Transportation for
construction to adjust manholes and water valves on FM 43 on Weber Road from SH 358
(SPID) to SH 357 (Saratoga Blvd.), to increase amount of City's funding obligation from
$52,303 to $89,893.56.
Minutes — Regular Council Meeting
February 15, 2011 — Page 4
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Scott was absent.
11. ORDINANCE NO. 028963
Abandoning and vacating an 89,683 -square foot portion of the North Country Club Place
and South Country Club Place public street rights-of-way, out of the Country Club Place
Subdivision, the public rights-of-way being located north of the Interstate Highway 37 right-
of-way; subject to compliance with the specified conditions. (Tabled on 01/11/11) (First
Reading — 02108111)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Elizondo
abstained; Scott was absent.
Mayor Adame opened discussion on Item 6 regarding lease agreements with youth sports
leagues. Mayor Adame asked questions regarding the City's ability to use the facilities as
tournament venues and recycling efforts. Director of Parks and Recreation Michael Morris explained
that the lease agreement includes language for a joint use which will allow the City the right to
coordinate tournaments or other activities. Mr. Morris added that Park and Recreation is working
with the leagues and Solid Waste to encourage recycling at all parks and athletic fields. In response
to Council Member Marez, Mr. Morris stated that the Greenwood field and State School field will
provide the City with opportunities to host tournaments. Mr. Marez requested an update on both
fields. Council Member Leal asked questions regarding the use of the fields behind Universal Little
League. Mr. Morris reported that the City has control of those fields and league play has resumed for
high school baseball. City Secretary Chapa polled the Council for their votes as follows:
6.a. ORDINANCE NO. 028955
Ordinance authorizing the City Manager, or his designee, to execute a four-year lease
agreement with Corpus Christi Police Athletic League for the use of T.C. Ayers Field located
at 1722 Winnebago, Ben Garza Field located at 1815 Howard, and the sublease of Driscoll
Field located at 4235 Baldwin, for Baseball Program.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong,
voting "Aye"; Scott was absent.
6.b. ORDINANCE NO. 028956
Ordinance authorizing the City Manager, or his designee, to execute a five-year lease
agreement with Southside Little Miss Kickball League for the use of fields located at 4200
McArdle Road for Kickball Program.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong,
voting "Aye"; Scott was absent.
6.c. ORDINANCE NO. 028957
Ordinance authorizing the City Manager, or his designee, to execute five-year lease
agreement with Padre Youth Football League for the use of football fields located at Bill Witt
Park located on Yorktown Boulevard for Football Program.
Minutes — Regular Council Meeting
February 15, 2011 — Page 5
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong,
voting "Aye"; Scott was absent.
6.d. ORDINANCE NO. 028958
Ordinance authorizing the City Manager, or his designee, to execute a five-year lease
agreement with National Little League of Corpus Christi for the use of baseball fields located
at Paul Jones Youth Sports Complex for Baseball Program.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong,
voting "Aye"; Scott was absent.
6.e. ORDINANCE NO. 028959
Ordinance authorizing the City Manager, or his designee, to execute a five-year lease
agreement with Oso Little Miss Kickball League for the use of Kickball Fields located at Paul
Jones Youth Sports Complex for Kickball Program.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong,
voting "Aye"; Scott was absent.
6.f. ORDINANCE NO. 028960
Ordinance authorizing the City Manager, or his designee, to execute a five-year lease
agreement with Oso Pony Baseball League for the use of baseball fields located at Paul
Jones Youth Sports Complex for Baseball Program.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong,
voting "Aye"; Scott was absent.
* * * * * * * * * * * * *
MayorAdame announced the executive session, which was listed on the agenda as follows:
12. Executive session pursuant to Section 551.074(a) of the Texas Government Code to
deliberate the appointment of a City Manager with possible discussion and action in open
session.
The Council went into executive session. The Council returned from executive session.
Mayor Adame announced that no action would be taken in open session and the Council would
return to executive session later in the meeting.
* * * * * * * * * * * *
MayorAdame opened discussion on Item 13 regarding ordering the General Election to be
held on May 14, 2011. City Secretary Chapa explained that this item is ordering the General Election
to be held on May 14, 2011 for the election of Mayor and eight Council Members; designating early
voting and election day polling places; authorizing the City Secretary to enter into a contract with
Minutes — Regular Council Meeting
February 15, 2011 — Page 6
Nueces County; and authorizing joint election agreements with Flour Bluff and London Independent
School Districts. Mr. Chapa reported that Precinct 87 is generally held at Carroll Lane Elementary
School; however, the school has been demolished. Mr. Chapa added that staff was unsuccessful in
their attempts to arrange another location within the precinct and is requesting that the ordinance be
amended to allow combining Precinct 87 with Precinct 69 located at Baker Middle School.
Ms. Martinez made a motion to amend the ordinance to combine Precinct 87 with Precinct
69. The motion was seconded by Mr. Marez.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Leal, Marez, Martinez, and Strong, voting "Aye"; Kieschnick and Scott were
absent.
Council Member Marez asked whether approval of this ordinance will bar any further
changes to the polling places. City Secretary Chapa stated that the ordinance authorizes the City
Secretary to make any last minute changes that come up on an emergency basis. In response to
Council Member Leal, City Secretary Chapa reported that Election Law requires that the City place
notice of the polling place change at the old polling place and a mail -out is sent to the registered
voters informing them of the new, combined polling place.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
13. ORDINANCE NO. 028964
Ordinance ordering a General Election to be held on May 14, 2011, in the City of Corpus
Christi for the election of Mayor and eight Council Members; providing for procedures for
holding such election; providing for notice of election and publication thereof; providing for
establishment of Branch Early Polling Places; designating Polling Place locations;
authorizing the City Secretary to contract with the Nueces County Election Officer for
equipment and supplies necessary to conduct the election; authorizing Joint Election
Agreements with Flour Bluff Independent School District and London Independent School
District; selection of June 11, 2011, as the Runoff Election Date, if one is necessary;
enacting provisions incident and relating to the subject and purpose of this ordinance.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez,
and Strong, voting "Aye"; Scott was absent.
Mayor Adame opened discussion on Item 14 regarding the FY2011 Capital Budget and
Capital Improvement Planning Guide in the amount of $173,982,100. Assistant City Manager Oscar
Martinez referred to a powerpoint presentation including capital budget highlights; the capital budget
approach; funding sources for the capital improvement program; funding uses by program; revenue
by type; program expenditures; annual capital improvement program for the Airport, Park and
Recreation, Public Facilities, Public Health and Safety, Streets, Gas, Storm Water, Wastewater, and
Water; revised expected water and wastewater rates; a breakdown of expected CIP-only water rates
between water and storm water; combined long-range CIP by program; combined summary long-
range CIP with utility rollup; and remaining events and action. Mr. Martinez stated that since the
Council received the information last night, staff is prepared defer action until next week.
The following topics pertaining to this item were discussed: the expiration of the Type A
funds and sufficient revenue to cover debt; the drivers for the increase in certificates of obligation in
year 2012; the possible decreases in federal funding for CDBG and the reason CDBG projects are
Minutes — Regular Council Meeting
February 15, 2011 — Page 7
pre -factored in the capital budget; Sunfish Island; consideration of decreased federal and state
funding; energy conservation opportunities at public facilities; whether the utility work for streets
includes the amount appropriated for replacement of clay pipes; the development of the hydraulic
model for replacement of pipes; the cost for the Bayfront realignment; the large water users that do
not contribute significantly to storm water runoff; the Oso Tributary and Basin project; the reason the
expansion of the Greenwood Treatment Plant is not included in the wastewater capital budget; the
on-going replacement project for the Broadway Plant; the Padre Island Alternate Water
Transmission Main and the reliability of water to the Island; including Gollihar from Weber to Staples
in the long range unfunded CIP; and incorporating the savings from Bond 2004 and Bond 2008.
Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, stated
that he expressed disappointment in staff on behalf of the community for the presentation just being
provided today. Mr. Alonzo said he was disappointed that only $2 million would be going to ADA
improvements.
Ms. Leal made a motion to postpone action on Item 14 until February 22nd. The motion was
seconded by Mr. Marez.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye".
14. POSTPONED TO FEBRUARY 22, 2011
•
amount of $173,982,100.
Mayor Adame opened discussion on Item 15 regarding the revisions to the wrecker service
ordinance. Police Captain James Brandon explained that the goals of the ordinance are to reduce
the amount of officers are waiting for a wrecker and create more efficient, accountable services for
responding to citizens on behalf of the Police Department. Captain Brandon stated that staff met
with the wrecker services companies last week and agreed to increasing charges for the private
property impound rate to $115. Assistant City Attorney Alison Logan provided an overview of the
changes made to the ordinance since the first reading on February 8, 2011.
Mayor Adame called for comments from the audience. Nick Richards and Richard
Humphrey, 2925 Agnes, provided a powerpoint presentation on the reasons for suggesting the dual
real wheels requirement in Section 57-224(b)(1); private property impounds and the types of
equipment used. Mr. Richards recommended increasing the private property impounds to $170. Dan
Vera, 4322 Driftwood, spoke regarding dual rear wheels and the use of the mandatory language
"shall" instead of "may". John Bell, representative of the Southwest Towing Association, thanked
staff for working with the Association and spoke regarding the three items not agreed upon including
the 30 -minute response time; the requirement of one wrecker on call 24/7 if on the rotation list; and
the additional, unusual services for Type A tows. Norma Rivera, Coastal Bend Towing Association,
provided ideas for improving response time including communication; performing a comprehensive
study; brainstorming sessions; creation of a 2nd responder category; and preparing 911 response.
Ms. Rivera also responded to a previous question by Council Member Adler regarding whether
citizens can contact their own towing company. Joe Dees, Statewide Wrecker Services, spoke
regarding the 30 -minute reasonable response time and incidents that occurred during artic blast and
icy road conditions. Sally Rodriguez, 1222 Clarion, addressed the issue of non -consent recovery
rates.
Minutes — Regular Council Meeting
February 15, 2011 — Page 8
The following topics pertaining to this item were discussed: the Police Department's
response to including language for dual rear wheels and increasing private property tow fees to
$170.
Ms. Martinez made a motion to approve the series of amendments to the ordinance as
recommended by staff. The motion was seconded by Mr. Kieschnick.
City Secretary Chapa polled the Council for their votes as follows:
15.a. MOTION NO. 2011-046
Motion to amend Ordinance Chapter 57, Article V. of the Corpus Christi Code of Ordinances
prior to Second Reading, by revising several sections in said Article to provide for expanded
definitions; more offenses and penalties; other specific requirements applicable to auto
wreckers and auto wrecker companies; providing for a repealer clause; and providing an
effective date of March 1, 2011.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye".
City Secretary Chapa polled the Council for their votes as follows:
15.b. ORDINANCE NO. 028965
Amending Chapter 57, Article V. of the Corpus Christi Code of Ordinances, by revising
several sections in said article to provide for expanded definitions; more offenses and
penalties; other specific requirements applicable to auto wreckers and auto wrecker
companies; providing for a severance clause; providing for a repealer clause; and providing
an effective date of March 1, 2011. (First Reading — 02/08/11)
The foregoing ordinance was passed and approved on its second reading as amended with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and
Strong, voting "Aye".
Mayor Adame referred to Item 17 regarding a status report from Texas Department of
Transportation(TxDOT) on Harbor Bridge Improvements/Replacement. John Casey, TxDOT,
referred to a powerpoint presentation including the reasons the Harbor Bridge replacement is
needed; benefits of the Harbor Bridge replacement project; status of the Harbor Bridge project;
alternatives evaluated; results of feasibility study and potential alternatives; Section 4(f) of the
Department of Transportation Act; preliminary alternatives; public involvement; and the project
schedule. Mr. Casey provided information on the Harbor Bridge Lighting including a photo of lighting
scheme removed in 2002; existing photos of the bridge; LED luminaries types; proposed plan on
LED lighting layout; and rendering of the bridge
The following topics pertaining to this item were discussed: the status of the right-of-way
acquisition and construction; the need for the project to be financial constrained; discussion of a
freeway or toll way system; the estimated height of the new bridge; checking the erosion and safety
of the bridge; and reconnecting downtown, the northside and preparing a master plan for the
location of the bridge.
* * * * * * * * * * * * *
Minutes — Regular Council Meeting
February 15, 2011 — Page 9
Mayor Adame opened discussion on Item 16 regarding voluntary paving assessment
petitions. Director of Engineering Services Pete Anaya explained that as part of the Bond 2008
project, six (6) streets were listed as project candidates for assessment.. Mr. Anaya reported that
since some of the petitions dated back to 1994, staff re -verified the need and willingness of the
neighborhood to participate. Mr. Anaya stated that only one (1) of the six (6) locations, Vaky Street,
expressed interest in the paving assessment program and staff is requesting approval of the
resolution to move forward with Vaky Street and continue moving forward down the current list of
additional projects.
The following topics pertaining to this item were discussed: the continuation of the Vaky
Street project; the priority list for the qualifying petitions; and CDBG funding for Viola Avenue from
Ayers to Gollihar.
MayorAdame called for comments from the audience. Reno Del Bosque, 1429 Clare Drive,
asked that Clare Drive be moved up on the list since the other five (5) streets did not re -qualify. Mr.
Del Basque also spoke regarding possible federal funding to help alleviate the cost to the property
owners. Abel Alonzo, 1701 Thames, spoke in support of Clare Drive moving up the list of eligible
projects.
City Secretary Chapa polled the Council for their votes as follows:
16. RESOLUTION NO. 028966
Resolution determining that certain Voluntary Paving Assessment Petitions for Buckhorn,
Olson, Junior Terrace, Comanche, and Viola Streets are not qualified under the Voluntary
Paving Assessment Program; removing said street names from the list of possible streets
identified in connection with the authorization and issuance of the "City of Corpus Christi,
Texas General Improvement Bonds, Series 2009" and, thereby, abandoning those street
projects as permitted expenditures of Bond proceeds; redirecting the resultant excess Bond
proceeds to other authorized street improvement projects (with priority given to other
qualified voluntary pavement assessment program projects) as permitted expenditures of
Bond proceeds; and other matters relating to the foregoing. (BOND ISSUE 2008)
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Ellzondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal and Strong were
absent.
City Secretary Chapa announced that Item 21 of the February 8, 2011 agenda regarding the
regulation of illegal smoking products and related paraphernalia may need to be reconsidered. Mr.
Chapa stated that the Council can reconsider an item as long as it is reconsidered at the next
regularly scheduled Council meeting by someone from the prevailing side and approved by 213 vote
of the Council.
Mr. Marez made a motion to reconsider Item 21 from the February 8, 2011 meeting. The
motion was seconded by Ms. Leal and passed.
City Attorney Carlos Valdez requested that the ordinance be amended to include reducing
the maximum penalty from $2000 to $500 to comply with state law and to create an exception for the
use of hookahs in Section 33-124(1)(b)(2).
Ms. Strong made a motion to include the changes recommended by staff. The motion was
seconded by Ms. Leal.
Minutes — Regular Council Meeting
February 15, 2011 — Page 10
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye".
G. ORDINANCE NO. 028967
Ordinance amending Chapter 33, Code of Ordinances, City of Corpus Christi, by adding a
new Article (IX) to regulate illegal smoking products and related paraphernalia and by
specifically negating a requirement of a culpable mental state; providing for penalties;
providing for severance; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez,
Scott, and Strong, voting "Aye".
Mayor Adame called for a 15 -minute break.
* * * * * * * * * * * * *
MayorAdame called for petitions from the audience. Don Winkley, 6317 Boca Raton, stated
that he spoke last week about hoping to have native natural landscaping at his property located on
Laguna Shores Road. Mr. Winkley reported that the City has since mowed and destroyed all of the
landscaping and native vegetation on his property and is requesting consideration for an ordinance
to allow for residents to have native vegetation. Dan Vera, 818 Savage, spoke regarding the
technology in the Council Chambers for showing visual aids during the Council meeting. Dr. Gloria
Scott spoke regarding public involvement for the northside residents on the Harbor Bridge
discussions. William Menard, 3213 Cedar Hollow, thanked the Council for the revision to the illegal
smoking products and related paraphernalia ordinance to include hookahs. Mr. Menard stated that
he supports the ban on K-2 products and related substances; however, request that the Council
remove the section related to paraphernalia. Mr. Menard reported that the definition of smoking
devices is very broad and will put several local businesses out of business. Saleem Durvesh
requested a clarification on the related paraphernalia definitions. Tamera Otis, 730 Ashdown,
expressed concern for businesses that sell illegal smoking products and related paraphernalia.
Gibson Snyder, 5441 Crockett, spoke in support of banning K-2; however, does not support the
inclusion of related paraphernalia and feels that the local ordinance is an effort to supersede federal
law. Kyle Hoelscher, 3921 Capri, expressed concern regarding the broad definition of related
paraphernalia. Kevin West, 3213 Cedar Hollow, spoke regarding the ban on related paraphernalia
and the emergency passage of the ordinance.
* * * * * * * * * * * * *
Mayor Adame announced that the Council would return to executive session, which was
listed on the agenda as follows:
12. Executive session pursuant to Section 551.074(a) of the Texas Government Code to
deliberate the appointment of a City Manager with possible discussion and action in open
session.
The Council went into executive session. The Council returned from executive session.
MayorAdame stated that the Council met in mid-January with Slavin Management Company
who provided the Council with over 50 resumes of candidates interested in the position. Mr. Adame
added that the Council provided input and discussion on the applicants and asked Slavin to make
Minutes — Regular Council Meeting
February 15, 2011 — Page 11
recommendations based on those discussions. Mayor Adame reported that Slavin has provided six
(6) candidates as follows: Patrick S. Banger of O'Fallon, Missouri; Floyd T. Johnson of Pompano
Beach, Florida; Catherine O'Connor of Oklahoma City, Oklahoma; Ronald Olson of Polk County,
Iowa; Gilbert Perales of Arlington, Texas; and David Watkins of Bryan, Texas.
Ms. Martinez made a motion to accept the recommendations of the applicants as presented
by Slavin Management Company and set the interview date for Saturday, February 19, 2011. The
motion was seconded by Mr. Marez.
12. MOTION NO. 2011-047
Motion to accept the recommendations of applicants provided by Slavin Management
Company and setting the interview date for Saturday, February 19, 2011 for the following
applicants:
Patrick S. Banger of O'Fallon, Missouri
Floyd T. Johnson of Pompano Beach, Florida
Catherine O'Connor of Oklahoma City, Oklahoma
Ronald Olson of Polk County, Iowa
Gilbert Perales of Arlington, Texas
David Watkins of Bryan, Texas
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"
***** ********
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 5:25 p.m. on February 15, 2011.
*************
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 February 15, 2011 which were approved by the City
Council on February 22, 2011.
WITNESSETH MY HAND AND SEAL, on this the 22nd day of February, 2011.
/It 4
Armando Chapa
City Secretary
SEAL