HomeMy WebLinkAboutMinutes City Council - 06/28/2011MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 28, 2011 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Larry Elizondo, Sr.
Council Members:
Chris Adler
Kevin Kieschnick
Priscilla Leal
David Loeb
Nelda Martinez
Mark Scott
ABSENT
John Marez
City Staff:
City Manager Ronald L. Olson
City Attorney Carlos Valdez
City Secretary Armando Chapa
MayorAdame called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Assistant Sr. Minister Jeanne Gardiner with Unity By The
Sea Church and the Pledge of Allegiance to the United States flag was led by Council Member
Loeb.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Adame called for approval of the minutes of the regular Council meeting of June 21,
2011. A motion was made and passed to approve the minutes as presented.
MayorAdame referred to Item 2 and the following board appointments were made:
Building Code Board of Appeals
John R. Dykema Jr. (Reappointed)
Mike Lippincott (Reappointed)
Sister City Committee
Yvette Lara (Appointed)
Franklin L. Harper (Appointed)
Andi Baker (Appointed)
Mohamad Omar (Appointed)
Samantha Chase (Appointed)
Civil Service Board/Commission
Susanne Bonilla (Reappointed)
Hector Saenz, Jr. (Reappointed)
Catherine F. Lutz (Reappointed to Commission;
Appointed to Board)
Advisory Committee on Community Pride
Christina Hernandez (Appointed)
Jack Pence (Appointed)
Tony Reyes (Appointed)
Human Relations Commission
Ramiro H. Gamboa (Reappointed; Appointed as Chair for a one (1) year period)
Kathleen (Katy) Cooper (Reappointed)
Robert Franklin (Reappointed)
Reverend Derrick Reaves (Reappointed)
Jacob Sendejar (Reappointed)
Janet Zuniga (Reappointed
Brianna Mendiola (Appointed)
INDEXED
Minutes -- Regular Council Meeting
June 28, 2011 — Page 2
Mayor's Fitness Council
Jane Bell (Reappointed)
D. Scott Elliff (Reappointed)
Grete McBath (Reappointed)
Wade Spenst (Reappointed)
Elizabeth Feeney (Appointed)
* * * * * * * * * * * *
Mayor Adame called for consideration of the consent agenda (Items 3 - 10). There were no
comments from the public. Council members requested that Items 4 and 9 be pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
3. MOTION NO. 2011-136
Motion approving a service agreement with R&R Delivery Service, of Corpus Christi, Texas,
for meal delivery service consisting of the delivery of approximately 200,000 meals for the
Elderly Nutrition Program, Adult Protective and Title XX Meals on Wheels, in accordance
with Bid Invitation No. BI -0116-11 based on only bid for an estimated annual expenditure of
$268,000, of which $22,333.33 is required in FY2010-2011. The term of the agreement will
be for twelve months with options to extend for up to two additional twelve-month periods,
subject to the approval of the contractor and the City Manager, or designee. Funds have
been budgeted by the Senior Community Services division of the Parks and Recreation
Department in FY2010-2011.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent.
5.a. MOTION NO. 2011-138
Motion authorizing the City Manager or designee to accept a grant in the amount of $96,709
from the Executive Office of the President, Office of National Drug Control Policy, to support
the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High
Intensity Drug Trafficking Area.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent.
5.b. ORDINANCE NO. 029105
Ordinance appropriating $96,709 in the No. 1061 Police Grants Fund from the Executive
Office of the President, Office of National Drug Control Policy to support the Police
Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug
Trafficking Area.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott,
voting "Aye"; Marez was absent.
6. ORDINANCE NO. 029106
Ordinance appropriating $759,163 in revenue from customer facility charges in the No. 4631
Airport Customer Facility Charge Fund to fund design, construction and debt service
Minutes — Regular Council Meeting
June 28, 2011 — Page 3
associated with Quick Turn Around Facility for rental car operations at Corpus Christi
International Airport; amending the FY 2010-2011 Capital Budget approved by Ordinance
No. 028995 to increase appropriations by $759,163.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott,
voting "Aye"; Marez was absent.
7. ORDINANCE NO. 029107
Ordinance authorizing the City Manager or designee to execute a five year conduit use
agreement with CenturyTel Acquisition, LLC to install, operate and maintain
telecommunications facilities within city conduit located in Ocean Drive right-of-way between
Alameda Street and Sand Dollar Boulevard in consideration of $7,594.80 annual payment.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott,
voting "Aye"; Marez was absent.
8. ORDINANCE NO. 029108
Ordinance authorizing the City Manager or designee to execute an Interlocal Cooperation
Agreement with the Port of Corpus Christi Authority for sharing of network resources.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott,
voting "Aye"; Marez was absent.
10. MOTION NO. 2011-139
Motion appointing Council Members as Board Members of the Corpus Christi Housing
Finance Corporation and the Corpus Christi Industrial Development Corporation.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent.
Mayor Adame opened discussion on Item 4 regarding a supply agreement for blueprint
services. Council Member Loeb asked whether the City is still reproducing manual documents or are
the documents are being sent electronically. Assistant Director of Financial Services Michael
Barrera stated that the City is still using a manual process. Director of Engineering Services Pete
Anaya explained that the City is planning on phasing -in the electronic process for bid documents but
still provide paper copies to contractors. Mr. Anaya added that the hard copy documents provided to
bidders are returned and issued to the contractors awarded the project.
City Secretary Chapa polled the Council for their votes as follows:
4. MOTION NO. 2011-137
Motion approving a service agreement with ARC/Ridgway's of Corpus Christi, Texas for
blueprinting service in accordance with Bid Invitation No. BI -0125-11, based on only bid for
an estimated annual expenditure of $111,058.61 of which $9,254.88 is required for the
remainder of FY 2010-2011. The term of the agreement will be for 12 month periods with an
option to extend for up to two additional twelve-month periods, subject to the approval of the
Minutes — Regular Council Meeting
June 28, 2011 — Page 4
supplier and the City Manager or designee. Funds have been budgeted by the using
departments in FY 2010-2011 and requested for FY 2011-2012.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent.
Mayor Adame opened discussion on Item 9 regarding the Triple Crown and Citation Drive
Area Improvements. Council Member Kieschnick asked questions regarding whether Bridges
Specialties was in liquidated damages on the Salt Flats Phase 2 project. Director of Engineering
Services Pete Anaya explained that Bridges Specialties could not execute their contract because of
the default from the contractor working on the North Port project. Mr. Kieschnick requested
additional information on the Salt Flats Phase 2 project.
Mr. Kieschnick made a motion to table Item 9 to receive additional information. The motion
was seconded by Ms. Martinez.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent.
9. TABLED
�r - -
* * * * * * * * * * * * *
Mayor Adame opened discussion on Item 16 regarding County Road 52 from County Road
69 to US 77. Director of Engineering Services Pete Anaya referred to a powerpoint presentation
including the project limits; County Road 52 and County Road 69 cross sections; project schedule;
and proposed budget.
Mayor Adame called for comments from the audience. Nueces County Commissioner Mike
Pusley thanked the City for their work on this project and the County and City for working together.
Commissioner Pusley also thanked Judge Loyd Neal and the Commissioners Court; former Council
Member Bill Kelly; Council Member Kieschnick; City Attorney Valdez; Govind Nadkarni; Jamie
Powell; Maverick Engineering; Mr. Anaya; and Assistant City Manager Margie Rose for their support
on this project. Abel Alonzo, 1701 Thames, Abel Alonzo, 1701 Thames, thanked the City and
Nueces County for working together.
City Secretary Chapa polled the Council for their votes as follows:
16.a. RESOLUTION NO. 029109
Resolution authorizing the City Manager or designee to execute an Interlocal Agreement
with the Nueces County Water Control & Improvement District No. 3 to provide for the
appropriate easements along County Road 52 and for the City to provide, if necessary,
pump(s) and piping at the intersection of County Road 52 and County Road 69 to allow the
District to provide irrigation water to certain land owners along County Road 52.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent.
Minutes — Regular Council Meeting
June 28, 2011 — Page 5
16.b. MOTION NO. 2011-141
Motion authorizing the City Manager or designee to execute a construction contract with
Bay, Ltd. of Corpus Christi, Texas for street improvements along County Road 52 from
County Road 69 to US 77 in the amount of $1,877,219.75 and County Road 69 from County
Road 52 to FM 624 in the amount of $677,006.50 for the Base Bid for the total contract
amount of $2,554,226.25. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent.
* * * * * * * * * * * * *
Mayor Adame referred to Item 14 regarding the following public hearing on the proposed
FY2011-2012 Operating Budget:
14. Public Hearing on the Proposed FY 2011-2012 Operating Budget. This budget will raise
more total property taxes than last year's amended budget by $1,058,875 (General Fund
$640,000, Debt Service Fund $328,444 and Special Revenue $90,431), or 1.4%, and of that
amount an estimated $1,058,875 is tax revenue to be raised from new property added to the
tax roll this year.
Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the
components of the budget; the zero -based budget approach; budget reductions; balanced budget
recommendation in the General Fund; the Enterprise, Internal Services, Special Revenue, and Debt
Services Funds; initiatives in FY2011-2012; and the remaining budget schedule.
A motion was made, seconded and passed to open the public hearing. Mayor Adame called
for comments from the audience. Harley Doerfler, 3630 Topeka, spoke regarding the reduction of
hours at the senior centers. J.E. O'Brien, 4130 Pompano, spoke regarding consideration of a tax
rate between the current and effective tax rate; the increase in utilities rates; and room for additional
cuts to the budget. Diane Lowrance, Executive Director of MHMR, spoke regarding assistance
provided by MHMR and the proposed elimination of funding from the City in the amount of $54,000.
Vicky Garza, Chair of the Board of Trustees for MHMR, asked the Council to reconsider the
elimination of funding to MHMR. Abel Alonzo, member of the Board of Trustees for MHMR, asked
for reconsideration for funding MHMR and the impact the elimination of funding would have on the
community. Rick Torres, MHMR, introduced Ramsey Rodriguez and Steven DeLeon who spoke
regarding the assistance they received through MHMR. Gus Munoz, 1711 Trenton, spoke regarding
Broadmoor Senior Center and requested that the hours be extended at the senior center. Mary Ann
Kelly, 4302 Schanen, spoke regarding the utility increases. Abel Chapa, 902 Brock, asked the
Council to reconsider closing the senior centers and reducing the hours for the supervisors at the
center. In response to Council Member Martinez, Assistant City Manager Martinez clarified that none
of the centers are closing but four (4) centers will have reduced hours in the afternoon. Kurt Allen
spoke regarding the reduction of hours at the senior centers and the assistance provided by the
directors at the senior centers.
Mr. Kieschnick made a motion to close the public hearing, seconded by Mr. Elizondo, and
passed.
* * * * * * * * * * * * *
Minutes — Regular Council Meeting
June 28, 2011 — Page 6
Mayor Adame announced the executive session, which was listed on the agenda as follows:
* Executive session pursuant to Section 551.071 of the Texas Government Code to consult
with attorney regarding pending and contemplated litigation involving Texas Department of
Insurance windstorm insurance Certificates of Compliance.
The Council went into executive session. The Council returned from executive session.
Mayor Adame announced that no action would be taken in open session.
* * * * * * * * * * * *
Mayor Adame referred to Item 11, and a motion was made, seconded and passed to open
the public hearing on the following right-of-way closure:
11. Public Hearing and First Reading Ordinance to consider abandoning and vacating a 1,764
square foot portion of a 15 -foot wide public alley right-of-way, out of Lots 4-7, Block 9, Bay
View Addition, said public right of way, being located between Santa Fe Street and Fifth
Street, and north of the Morgan Avenue public street right-of-way, subject to compliance with
the specified conditions.
Assistant City Manager Johnny Perales explained that the alley closure was requested by Dr.
Cesar Albarracin to keep his property secure. No one appeared in opposition to the right-of-way
closure. Mr. Kieschnick made a motion to close the public hearing, seconded by Mr. Scott, and
passed. Mr. Chapa polled the Council for their votes as follows:
11. FIRST READING ORDINANCE
To consider abandoning and vacating a 1,764 square foot portion of a 15 -foot wide public
alley right-of-way, out of Lots 4-7, Block 9, Bay View Addition, said public right of way, being
located between Santa Fe Street and Fifth Street, and north of the Morgan Avenue public
street right-of-way, subject to compliance with the specified conditions.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye";
Marez was absent.
Mayor Adame recused himself from the discussion on Item 15. Mayor Pro Tem Elizondo
opened discussion an Item 15 regarding Destination Bayfront. Interim Assistant City Manager Rudy
Garza explained that the purpose of the Memorandum of Understanding (MOU) is to take the
planning process to the next phase of Destination Bayfront and set up the framework for the project.
Trey McCampbell, Destination Bayfront organizer, referred to a powerpoint presentation including a
summary of research to date; three primary categories for the Phase 2 tasks; recommended
organizational structure for a public/private partnership; establishing the roles and responsibilities of
each entity; and the summary of the request.
The following topics pertaining to this item were discussed: the ongoing operations,
maintenance and commercial tenant management of the project once the initial phase of
construction is complete; the hiring of Tim Marshall with ETM Associates; the timeframe for the
Request of Qualifications process and selecting a design document; the Shoreline Realignment
project and the funding available for park amenities; coordination with First United Methodist
Church; use of the bond funds; and consideration for businesses in the downtown area.
Minutes — Regular Council Meeting
June 28, 2011 -- Page 7
Mayor Pro Tem Elizondo called for comments from the audience. Abel Alonzo, 1701
Thames, asked that the project continue to remain inclusive and diverse and spoke regarding the
use of local businesses on the project. Joe Fulton, member of First United Methodist Church,
expressed concern regarding the roadwork proposed with Destination Bayfront in front of the
church. Mr. Fulton asked the Council to request that the designers fully consider and address the
needs of the church. John Adams, 307 Katherine, spoke in support of the project but expressed
concerns regarding the City taking on more responsibilities then originally promised by the
Destination Bayfront organizers. Rosie Collin, Corpus Christi Hispanic Chamber of Commerce,
congratulated Destination Bayfront for moving forward with the project. Mick Boudreau spoke
regarding the amount of the Park and Recreation Department budget used to pick up trash and
volunteered to pick up trash for one (1) to two (2) week at the new Destination Bayfront and help
organize a volunteer committee. Mary Ann Kelly, 4302 Schanen, spoke regarding the Shoreline
Realignment project and asked for consideration of a statue of Corpus Christi as the pinnacle point
for Destination Bayfront.
City Secretary Chapa polled the Council for their votes as follows:
15. MOTION NO. 2011-140
Motion authorizing the City Manager to execute a Memorandum of Understanding between
the City of Corpus Christi and the Destination Bayfront Organization related to
implementation of the project defined by the report "Placemaking at Destination Bayfront".
The foregoing motion was passed and approved with the following vote: Adler, Elizondo,
Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Adame abstained; Marez was
absent.
*************
Mayor Adame referred to Item 12, and a motion was made, seconded and passed to open
the public hearing on the following text amendment to the Unified Development Code:
12. Public Hearing and First Reading Ordinance to consider amending the Unified Development
Code by replacing tables 1.10.5 and 4.1.1 in their entirety, adding a provision to the
definition of a Dwelling, revising the Landmark Commission vote requirement at Subsection
3.16.2.B.1, amending a portion of Table 7.2.2.B. regarding indoor recreation, and amending
the Urban Transportation Plan Design Criteria Manual, Appendix to UDC Article 8, by
inserting revised Figures 1A and 3 through 13; providing for severance; providing for
publication; providing for an effective date and providing for penalties.
Assistant City Manager Johnny Perales provided an overview of the various text
amendments that need to be addressed in the Unified Development Code (UDC).
No one appeared in opposition to the text amendment to the Unified Development Code.
Ms. Martinez made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr.
Chapa polled the Council for their votes as follows:
12. FIRST READING ORDINANCE
To consider amending the Unified Development Code by replacing tables 1.10.5 and 4.1.1 in
their entirety, adding a provision to the definition of a Dwelling, revising the Landmark
Commission vote requirement at Subsection 3.16.2.B.1, amending a portion of Table
7.2.2.B. regarding indoor recreation, and amending the Urban Transportation Plan Design
Minutes — Regular Council Meeting
June 28, 2011 — Page 8
Criteria Manual, Appendix to UDC Article 8, by inserting revised Figures 1A and 3 through
13; providing for severance; providing for publication; providing for an effective date and
providing for penalties.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Kieschnick, Loeb, Martinez, and Scott, voting "Aye"; Elizondo, Leal, and
Marez were absent.
Mayor Adame referred to Item 13, and a motion was made, seconded and passed to open
the public hearing on the following certificate of occupancy code amendment:
13. Public Hearing and First Reading Ordinance - Amending the Code of Ordinances Chapter
14, Article II, Division 1, Section 14-223 (A) (1) and adding to Section 14-202 a new
definition, all relating to building occupancy; providing for publication, providing for penalties.
Assistant City Manager Johnny Perales explained that the Development Services and Legal
departments worked in a cooperative effort with the Building Owners Association and building
managers to develop a code amendment clarifying the issues with the certificate of occupancy.
The following topics pertaining to this item were discussed: working with the community to
resolve the differences of opinion; the development of an administrative review panel to, resolve and
address issues in the UDC; addressing vacant buildings; and the electrical re -op process.
No one appeared in opposition to the certificate of occupancy code amendment. Mr.
Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa
polled the Council for their votes as follows:
13. FIRST READING ORDINANCE
Amending the Code of Ordinances Chapter 14, Article II, Division 1, Section 14-223 (A) (1)
and adding to Section 14-202 a new definition, all relating to building occupancy; providing
for publication, providing for penalties.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Martinez, and Scott, voting "Aye"; Leal and
Marez were absent.
* * * * * * * * * * * * *
MayorAdame opened discussion on Item 17 regarding a grant from the U.S. Department of
Housing and Urban Development for the 2010 HOME program. Director of Neighborhood Services
Eddie Ortega explained that this item is the acceptance of a $300,000 grant from the U.S.
Department of Housing and Urban Development from the 2010 HOME program to be utilized for the
acquisition and rehabilitation of a four -unit quad-plex to create affordable housing. Mr. Ortega added
that the unit is located at 3609 Crestbook Court.
Council Member Martinez asked questions regarding the use of the funds and the
appraisals. Sam Esquivel, Nueces County Community Action Agency, stated that $122,000 would
be used for the acquisition of the property and $173,000 would be used for rehabilitation to improve
accessibility; modify restroom and exterior repairs. Council Member Martinez asked whether the
funding paid for manager fees or builder supervisor fees. Mr. Esquivel explained that the funding
would only be used for building improvements. Ms. Martinez requested a breakdown of the projected
budget and proposed postponing the vote on this item until later in the meeting.
Minutes — Regular Council Meeting
June 28, 2011 — Page 9
Council Member Leal announced that she was a board member of the Nueces County
Community Action Agency and would abstain from the vote on Items 17 and 18. There was a
general consensus of the Council to delay the vote on this item until receiving the projected budget.
Mayor Adame opened discussion on Item 17.1. regarding the reconsideration of the draft
erosion response plan and related draft amendments. Ms. Adler made a motion to reconsider
Resolution No. 029100, seconded by Mr. Kieschnick. Council Member Martinez requested that the
record reflect that there are inconsistencies between the provided presentation and the findings by
Dr. Jim Gilbeaut regarding erosion for the area. City Secretary Chapa polled the Council for their
votes as follows:
17.1. MOTION NO. 2011-142
Motion to reconsider Resolution No. 029100, authorizing the City Manager or designee to
submit a draft erosion response plan and related draft amendments to Chapter 10, Code of
Ordinances, Beachfront Management and Construction, to the Texas General Land Office
for comment.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Martinez, and Scott, voting "Aye"; Marez was absent.
City Secretary Chapa announced that the motion to reconsider passed and the item is back
on the agenda as it was originally presented.
The following topics pertaining to this item were discussed: the City not having the authority
to designate or regulate the dune setback; the dune protection authority being a separate issue from
erosion response plan permits; the City having the authority to control standards on any building
including reconstruction and damaged structures and flood control administration; the obligation that
the City have a erosion response plan in order to continue to receive grant funding from the Texas
General Land Office; consequences of the City's actions; whether it is required to have setback
information as part of the erosion plan; language in the GLO's rules for the erosion response plan;
dune protection governed by Nueces County; whether the private sector or specifically Tom Utter
was engaged in the protection permitting; mitigation of dunes on Zahn Road; and Fish Pass.
Council Member Kieschnick made a recommendation to leave the dune protection issue out
of the erosion response plan.
Assistant City Manager Johnny Perales provided a presentation including the erosion
response plan essential elements and reference information; construction allowed within setback
line; dune management system goals; summary comparison; and maps of the shoreline outlining the
setbacks and dune protection area.
Mayor Adame called for a brief recess on Item 17.1. to allow for public comment.
* * * * * * * * * * * * *
Mayor Adame called for petitions from the audience. Alan Thornburg, member of the Sister
City Committee, asked the Council to consider any funding for the Sister City Program. Diana
Stillman, 7709 Valley View, spoke in support of the Sister City Program and the impact the Student
Ambassador Program had on her daughter's life. Ms. Stillman requested consideration to fund the
Ambassador Program. Brandi Williams, 2518 Scabbard, spoke regarding the success of the Sister
City Program and asked for consideration to budget the program. Robert C. Scott, President of the
Corpus Christi Symphony Orchestra, spoke regarding the economic impact of the Symphony and
Minutes — Regular Council Meeting
June 28, 2011 — Page 10
asked for consideration of arts funding for the Corpus Christi Symphony Orchestra. Robert Reed,
Executive Director of the Corpus Christi Symphony Orchestra, asked for consideration of funding
from the arts. Dan Vera, 818 Savage, spoke regarding using emergency defense personnel for
various jobs. Harley Doerfler, 3630 Topeka, spoke regarding the Sister City program and the closure
of senior centers. Rosanne Norman, 4629 Monette, provided information on the rising rate of autism
linked to mercury from power plants.
*************
Mayor Adame returned to the discussion on Item 17.1. regarding the draft erosion response
plan and related draft amendments. Assistant City Manager Johnny Perales continued with his
presentation of aerial maps outlining the setback and dune protection areas on the beach. Mr.
Perales asked for consideration of the proposed setback of 200 feet, any setback at all, or a more
conservative setback similar to Nueces County of 350 feet.
The following topics pertaining to this item were discussed: whether there are repercussions
if the setback is not recommended in the proposal; if staff could contact the GLO in advance to ask
whether the plan could be submitted without referencing a distance for the setback; the deadline for
the plan; the language in the GLO's requirements; concern with the delegation authority and the City
not having the authority to set boundaries; the lack of public transparency; taking a conservative
approach; whether the plan can be presented with a 350 foot setback and then reduced to 200 feet;
receiving public input from the advisory and other governmental entities; whether it is legal to build at
foredune ridge; language for rebuilding and construction limitations due to damage within the 200
foot setback; the cost to move a sand dune; proposed mitigation sites; and public beach access.
Mayor Adame called for comments from the audience. Fred McCutchon, Nueces County
Beach Management Advisory Committee, spoke in support of a healthy conservative approach of a
350 foot set to protect the dune field. Mr. McCutchon provided information on the seal level rise and
local photos of the storm surge from Hurricane Ike. Jack Ponton spoke regarding the setback in Port
Aransas and recommended consideration of the 200 foot setback. Richard Watson, coastal
geologist, spoke in support of the 350 foot setback. Greg Smith, Mustang Island owner, spoke
regarding the economic statistics for home building on Mustang Island within Port Aransas and
Corpus Christi city limits and spoke in support of a 200 ft set back. John Adams, 307 Katherine,
spoke regarding the difference in the erosion rate between north and south Mustang Island. Mr.
Adams spoke in support of the 350 foot setback. Neil McQueen, 3609 Mora, spoke regarding the
research by Dr. Gilbeaut and in support of as much setback protection as possible. Cliff Schlaback,
122 Whiteley, spoke in support of the 350 foot setback.
Mr. Kieschnick made a motion to remove the language regarding setback in the erosion
response plan based on the City not having the authority. The motion failed for lack of second.
Council Member Martinez spoke in support of the 350 foot setback and acting in the best
possible interest of the public. Council Member Scott spoke in support of the 200 foot setback until
receiving public input.
Mr. Scott made a motion to call for the question on this resolution. The motion was seconded
by Ms. Adler.
The foregoing motion failed with the following vote: Adler and Scott, voting "Aye"; Adame,
Elizondo, Leal, Loeb, and Martinez, voting "No"; Marez was absent.
Minutes — Regular Council Meeting
June 28, 2011 — Page 11
Council Member Elizondo asked whether there was an opportunity to be inclusive with all the
entities prior to submitting a final draft. Assistant City Attorney Jay Reining explained that this
resolution is approving the submission of a rough draft to the GLO prior to the deadline of July 1st
and the GLO will provide comments on the draft. Mr. Reining reported that staff will come back with
the GLO's comments and hold detailed public hearings. Mr. Reining stated that once the Council
adopts the final document, it will be resubmitted to the GLO.
Ms. Martinez made a motion to amend the resolution to change the setback to 350 feet
setback. The motion was seconded by Mr. Loeb. In response to Council Member Scott, Mr. Reining
stated that it would be easier to move from 200 feet to 350 feet and backing away from 350 feet
would be probably impossible. City Secretary Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Adame, Elizondo,
Leal, Loeb, and Martinez, voting "Aye"; Adler and Scott voting "No"; Kieschnick did not vote;
Marez was absent.
City Secretary Chapa polled the Council for their votes as follows:
17.1.b. RESOLUTION NO. 029112
Resolution authorizing the City Manager or designee to submit a draft erosion response plan
and related draft amendments to Chapter 10, Code of Ordinances, Beachfront Management
and Construction, to the Texas General Land Office for comment.
The foregoing resolution was passed and approved as amended with the following vote:
Adame, Elizondo, Leal, Loeb, and Martinez, voting "Aye"; Adler and Scott voting "No";
Kieschnick did not vote; Marez was absent.
Mayor Adame returned to the discussion on Item 17 regarding a grant from the U.S.
Department of Housing and Urban Development. Director of Neighborhood Services Eddie Ortega
provided a proposed budget for purchasing of 3609 Crestbrook Court by Nueces County Community
Action Agency. In responses to Council Member Martinez, Mr. Ortega stated that if there is a
remaining balance, the unspent funds would be reprogrammed.
City Secretary Chapa polled the Council for their votes as follows:
17.a. RESOLUTION NO. 029110
Resolution authorizing the City Manager or designee to accept a grant of $300,000 from the
U.S. Department of Housing and Urban Development for the 2010 HOME Program and to
execute all related and necessary documents for the Nueces County Community Action
Agency Project.
The foregoing resolution was passed and approved with the following vote: Adame,
Elizondo, Kieschnick, Loeb, Martinez, and Scott, voting "Aye"; Leal abstained; Adler and
Marez were absent.
17.b. ORDINANCE NO. 029111
Ordinance appropriating a grant of $300,000 from the U.S. Department of Housing and
Urban Development in the No. 9045 Grant Fund for the 2010 HOME Program for the
Nueces County Community Action Agency Project.
Minutes — Regular Council Meeting
June 28, 2011 — Page 12
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Elizondo, Kieschnick, Loeb, Martinez, and Scott, voting "Aye";
Leal abstained; Adler and Marez were absent.
Mayor Adame recessed the Regular Council meeting to hold a meeting of the Corpus Christi
Community Improvement Corporation (CCCIC)
**** **** * * * **
Mayor Adame returned to the Regular Council meeting. Mayor Adame announced that item
19 was postponed.
19. 82`d State Legislative Session
End of Session Report.
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 6:09 p.m. on June 28, 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 June 28, 2011 which were approved by the City
Council on July 12, 2011.
WITNESSETH MY HAND AND SEAL, on this the 12th day of July, 2011.
Armando Chapa
City Secretary
SEAL