HomeMy WebLinkAboutMinutes City Council - 12/13/2011I 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 December 13, 2011 which were approved by
the City Council on January 10, 2012.
WITNESSETH MY HAND AND SEAL, on this the 10th day of January, 2012.
Armando Chapa
City Secretary
SEAL
INDEXED
Present:
Mayor Joe Adame
Council Members:
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
David Loeb
John Marez
Nelda Martinez
Mark Scott
MINUTES
City of Corpus Christi, Texas
Regular Council Meeting
December 13, 2011 - 12:00 p.m.
City Staff:
City Manager Ronald L. Olson
City Attorney Carlos Valdez
City Secretary Armando Chapa
Mayor Joe Adame called the meeting to order in the. Council Chambers of City Hall. The
invocation was delivered by Mayor Joe Adame and the Pledge of Allegiance to the United States
Flag was led by Council Member Kevin Kieschnick.
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
December 6, 2011. A motion was made and passed to approve the minutes as presented.
BOARD APPOINTMENTS
The council made the following reappointments and new appointments to the city's boards,
commissions and committees:
Advisory Committee on Community Pride
J. Kyle Davidson, Reappointed
Elisa Macias, Reappointed
Stefany Tegeler Schade, New Appointment
Jason Haviland, New Appointment
Corpus Christi Aquifer Storage and Recovery Conservation District
Gustavo Gonzalez, Reappointed
Oscar Martinez, Reappointed
Corpus Christi Regional Economic Development Corporation
Sam Beecroft (City), Reappointed
Electrical Advisory Committee
Jared Merdes (Registered Engineer), Reappointed
David Schury (Commercial Builder), Reappointed
Minutes - Regular Council Meeting
December 13, 2011
Page 2
Marina Advisory Committee
Dan Leyendecker (Engineer), Reappointed
John Adams (Environmentalist), Reappointed
Robert Cagle, Reappointed
Curt Broomfield, Reappointed
Ron Behnke, New Appointment
Watershore and Beach Advisory Committee
Cameron Perry (Engineer), Reappointed
Jake Herring (Environmentalist), Reappointed
Neil McQueen, Reappointed
Jay Gardner, Reappointed
Corbett Pool, New Appointment
Mayor Adame deviated from the agenda and referred to Item No. 32. Mr. David Mendez,
Bickerstaff Delgado Heath Acosta, LLP stated that they have developed an Illustrative Plan that
will demonstrate to the community the reallocation of the population among the council member
districts in accordance with the guidelines adopted by the council. He stated that based on 2010
census data, the council member districts are 21.47% out of balance. He referred to a table that
outlined the specific changes in each council member district. Mr. Mendez stated he is
recommending a public hearing on January 5, 2012 to be held jointly between the City of Corpus
Christi and Del Mar College so that the community can examine the City Council and Del Mar
College maps. Mayor Adame asked for comments from the audience. There were no comments.
City Secretary Chapa polled the council for their votes as follows:
32.a. MOTION NO. M2011-291
Motion designating a Draft Redistricting Plan for the City of Corpus Christi as an Illustrative
Plan to be proposed for public consideration and comment.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
32.b. RESOLUTION NO. 029338
Resolution designating a Redistricting Illustrative Plan for public hearing and establishing
a public hearing date.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
CONSENT AGENDA
Mayor Adame called for consideration of the Consent Agenda (Items 3 - 30). Council
members requested that items 4, 24 and 29 be pulled for individual consideration. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
December 13, 2011
Page 3
3. MOTION NO. M2011-269
Motion approving the lease purchase of one (1) Pierce rescue pumper from Siddons Fire
Apparatus, Inc., of Manor, Texas in the amount of $425,000 of which $7,589.57 is required
for FY 2011-2012. The award is based on the cooperative purchasing agreement with the
Texas Local Government Cooperative. The rescue pumper will be used by the Fire Rescue
Division of the Fire Department. Funds for the lease purchase of the rescue pumper will be
provided through the City's lease/financing program.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
5. MOTION NO. M2011-271
Motion approving a supply agreement with Martin Marietta Materials, of San Antonio, Texas
for approximately 4,000 tons of cold mix -cold laid asphalt and approximately 1,000 tons of
pre -coated aggregate, in accordance with Bid Invitation No. BI -0018-12 based on lowest
responsible bid for an estimated semi-annual expenditure of $287,000. The term of the
contract will be for six months with an option to extend for up to five additional six month
periods, subject to the approval for the supplier and the City Manager or designee. Funds
are available in the Material Inventory Fund.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
6. MOTION NO. 2011-272
Motion approving a repair work order with Smith Pump Company, Inc., of McAllen, Texas
for the removal, repair, installation and start up of Raw Water Pump #3 located at Pump
Station #1, based on sole source in the amount of $75,058. Funds are budgeted in the
Water Department Fund in FY 2011-2012.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
7. MOTION NO. 2011-273
Motion approving a supply agreement with Doggett Machinery, of Corpus Christi, Texas for
the lease of a motor grader in accordance with Bid Invitation No. BI -0029-12, based on
lowest responsible bid, for an estimated twenty-seven month expenditure of $184,005, of
which $40,890 is budgeted for FY 2011-2012. The term of the agreement shall be for nine
months (February -October) for three consecutive years beginning in 2012. Funding is
budgeted and available in the Parks and Recreation FY 2011-2012 adopted. budget.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
Minutes - Regular Council Meeting
December 13, 2011
Page 4
8. MOTION NO. 2011-274
Motion approving a service agreement with Tel West Network Services, of Austin, Texas
for local and long distance telephone service, in accordance with Bid Invitation No. BI -0092-
11, based on lowest responsible bid, for an estimated three-year expenditure of
$394,108.92, of which $76,632.29 is required and budgeted for the remainder of FY 2011-
2012. The term of the service agreement will be for three years with an option to extend
for up to two additional twelve-month periods subject to the approval of the service provider
and the City Manager or designee. Funds are budgeted in the Municipal Information
System Fund for the remainder of FY 2011-2012 and will be requested in future fiscal
years.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
MOTION NO. 2011-275
Motion approving service agreements with the following companies for the following
amounts, in accordance with Bid Invitation No. BI -0195-11, based on lowest responsible
bids for an estimated annual expenditure of $139,932.90, of which $81,627.53 is required
for FY 2011-2012. The term of the contracts will be for twelve months with options to
extend the agreements for up to two additional twelve month periods subject to the approval
of the contractors and the City Manager or designee. Funds have been budgeted by the
Water Department in FY 2011-2012.
Dorome General Repair
Corpus Christi, Tx
Primary Contractor
$54,167.40
Grand Total: $139,932.90
Pang Construction
Corpus Christi, Tx
Secondary Contractor
$49,338.63
Abel's Paving & Construction Inc.
Corpus Christi, Tx
Tertiary Contractor
$36,426.87
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
10.a. ORDINANCE NO. 029305
Ordinance appropriating $22,700.21 in community contributions in the No. 4720 Community
Enrichment Fund for improvements, and other related projects.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leaf, Loeb, Marez, Martinez and
Scott, voting "Aye".
10.b. MOTION NO. M2011-276
Motion approving the purchase and installation of a play structure from The PlayWell Group
of Dallas, Texas, based on the cooperative purchasing agreement with the Texas Local
Government Cooperative, in the amount of $65,408.67. The purchase is for new park
Minutes - Regular Council Meeting
December 13, 2011
Page 5
equipment for Lamar Park. Funding is budgeted and available in the Parks & Recreation
2010 General Obligation (Bond 2008) CIP Fund and the Community Enrichment Fund.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
11.a. RESOLUTION NO. 029306
Resolution authorizing the City Manager or designee to execute the 2011 Sub -Recipient
Agreement (SRA) and all related documents in the amount of $62,259 with the Texas
Department of Public Safety/Texas Homeland Security State Administrative Agency
(TXHLS-SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland
Security Program (SHSP); and authorizing the City Manager or designee to accept, reject,
alter or terminate the grant.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
11.b. ORDINANCE NO. 029307
Ordinance appropriating $62,259 from the Texas Department of Public Safety/Texas
Homeland Security State Administrative Agency (TXHLS-SAA), FY 2011 Homeland
Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No.
1062 Fire Grants Fund to carry out homeland security projects that will significantly
improve local and regional terrorism prevention, preparedness, response and recovery
capabilities.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott, voting "Aye".
12.a. RESOLUTION NO, 029308
Resolution authorizing the City Manager or designee to execute the 2011 Sub -Recipient
Agreement (SRA) and all related documents in the amount of $59,643 with the Texas
Department of Public Safety/Texas Homeland Security State Administrative Agency
(TXHLS-SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland
Security Program (SHSP), Law Enforcement Terrorism Prevention Activity (LETPA); and
authorizing the City Manager or designee to accept, reject, alter or terminate the grant.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
12.b. ORDINANCE NO. 029309
Ordinance appropriating $59,643 from the Texas Department of Public. Safety/Texas
Homeland Security State Administrative Agency (TXHLS-SAA), FY 2011 Homeland
Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No.
1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection-
Minutes - Regular Council Meeting
December 13, 2011
Page 6
oriented activities (LETPA) such as planning, organization, training, exercises and purchase
needed equipment.
An emergency was declared and the foregoing ordinance was "passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott, voting "Aye".
13.a. RESOLUTION NO. 029310
Resolution authorizing the City Manager or designee to execute the 2011 Sub -Recipient
Agreement (SRA) and all related documents in the amount of $267,608.35 with the Texas
Department of Public Safety/Texas Homeland Security State Administrative Agency
(TXHLS-SAA) for FY 2011 Homeland Security Grant Program (HSGP), Metropolitan
Medical Response System (MMRS); and authorizing the City Manager or designee to
accept, reject, alter or terminate the grant.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
13.b. ORDINANCE NO. 029311
Ordinance appropriating $267,608.35 from the Texas Department of Public Safety/Texas
Homeland Security State Administrative Agency (TXHLS-SAA), FY 2011 Homeland
Security Grant Program (HSGP), Metropolitan Medical Response System Program
(MMRS), into the No. 1062 Fire Grants Fund to support the integration of
emergency management, health and medical systems into a coordinated response to mass
casualty incidents caused by any hazard and purchase medical equipment.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott, voting "Aye".
14.a. RESOLUTION NO. 029312
Resolution authorizing the City Manager or designee to accept a grant in the amount of
$49,990 from the United States Department of Transportation to enhance education,
emergency response, and community awareness associated with pipeline safety issues and
to execute all related documents; and ratifying acceptance of the grant to be effective
September 29, 2011.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
14.b ORDINANCE NO. 029313
Ordinance appropriating a grant in the amount of $49,990 from the United States
Department of Transportation in the No. 1053, Gas Grants Fund to enhance education,
emergency response and community awareness associated with pipeline safety issues.
Minutes - Regular Council Meeting
December 13, 2011
Page 7
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott, voting "Aye".
15.a. RESOLUTION NO. 029314
Resolution authorizing the City Manager or designee to accept a grant of $440,354 from
the Texas Department of State Health Services to provide for the Women, Infants and
Children (WIC) Program, based on a $12.34 reimbursement for each participant served,
and to execute all related documents; and ratifying acceptance of the grant to begin as of
October 1, 2011.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
15.b. ORDINANCE NO. 029315
Ordinance appropriating a grant of $440,354 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide for the Women, Infants and
Children Program, based on a $12.34 reimbursement for each participant served.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott, voting "Aye".
16.a. RESOLUTION NO. 029316
Resolution authorizing the City Manager or designee to accept a grant from the Texas
General Land Office Coastal Management Program in the amount of $100,000 for the
development and implementation of a wetland restoration plan for the Oso Bay Learning
Center and Wetland Preserve, with a City match of $47,000 and a $20,000 cash match
from the Coastal Bend Bays and Estuaries Program, Inc. and a total project cost of
$167,000.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
16.b. ORDINANCE NO. 029317
Ordinance appropriating $100,000 from the Texas General Land Office Coastal
Management Program and $20,000 from the Coastal Bend Bays and Estuaries Program,
Inc., in the No. 1067 Parks and Recreation Grants Fund for the development and
implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland
Preserve.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott, voting "Aye".
Minutes - Regular Council Meeting
December 13, 2011
Page 8
16.c. MOTION NO. M2011-277
Motion authorizing the City Manager or designee to execute an agreement with the Coastal
Bend Bays and Estuaries Program, Inc. for a $20,000 cash match for the Texas General
Land Office Coastal Management Program.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
17.a. MOTION NO, M2011-278
Motion authorizing the City Manager or designee to execute an agreement with the National
Council on Aging for funding in the amount of $20,000 for the One Away Advocacy
Campaign. The contract period will be May 23, 2011 through December 31, 2011.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
17.b. ORDINANCE NO. 029318
Ordinance appropriating a $20,000 grant from the National Council on Aging in the No.
1067 Parks and Recreation Grants Fund for the Elder Voices video footage project.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott, voting "Aye".
18. ORDINANCE NO. 029319
Ordinance authorizing the resale of four (4) properties for minimum acceptable sales prices
as follows, of which the City will receive $13,036.10, plus $3,719.35 for partial payment of
City paving and demolition liens: (1) 402 Robert Drive; Lot 5, Block 1, Alameda Estates No.
3, in the amount of $12,000; (2) 5018 Cynthia Drive; Lot 34, Hilltop Village, in the amount
of $1,000; (3) 7206 Eastphal Court; Lot 2, Block 3, Court of St. James Unit 2, in the
amount of $53,875; and (4) 3626 Eastern; Lot 12, Airport Park Addition No. 2, in the
amount of $2,000.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott, voting "Aye".
19. RESOLUTION NO. 029320
Resolution approving amendments to the City Investment Policy to incorporate legislative
changes made in 2011 to the Public Funds Investment Act; and approving the investment
policy as amended.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
Minutes - Regular Council Meeting
December 13, 2011
Page 9
20. RESOLUTION NO. 029321
Resolution affirming the Debt Management Policy for the City of Corpus Christi.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
21. MOTION NO. M2011-279
Motion authorizing the City Managerto execute a Deferment Agreement with Baker Hughes
Oilfield Operations, Inc. (Developer), in the amount of $367,153.93 for public improvements
including construction of water, wastewater and storm water improvements for the Deaton
Baker Subdivision, Block 1, Lot 1 located on State Highway 44, west of South Clarkwood
Road and east of County Road 57, in accordance with the Unified Development Code,
Section 8.1.10, Requirements for Plat Recordation Prior to Final Acceptance of
Infrastructure Based on Financial Security.
The foregoing motion was passed and approved with the following vote: Adler, Elizondo,
Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame abstained.
22. MOTION NO. M2011-280
Motion authorizing the City Manager or designee to execute a Job Order Contract with
Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $61,906.54 for certain
construction connected with Homeland Security protection.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
23. MOTION NO. M2011-281
Motion authorizing the City Manager or designee to execute a construction contract with
H2O Construction, of Harlingen, Texas in the amount of $555,197 for the Turtle Cove
Park/Jester Drainage Improvements for the Base Bid.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
25. ORDINANCE NO. 029323
Authorizing the transfer of $270,000 from the Hotel Occupancy Tax Fund No. 1030 to and
appropriating in the General Fund No. 1020 for beach maintenance; and changing the FY
2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase both revenues
and expenditures in the General Fund by $270,000 each.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
"Aye".
Minutes - Regular Council Meeting
December 13, 2011
Page 10
26. ORDINANCE NO. 029324
Appropriating $120,090.66 in developer contributions and $553.65 in interest earnings for
a sum of $120,644.31 in the No. 4720 Community Enrichment Fund for park improvements
and other related projects.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
"Aye"
27. ORDINANCE NO. 029325
Appropriating $650,000 from the Sanitary Sewer Trunk System Trust Fund No. 540450-
21800-4220 to pay the Preserve at Mustang Island, LLC, for the construction and
installation of a master plan lift station with 8 -foot diameter wet well, 8,376 -linear feet of a
4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State
Highway 361, south of Zahn Road.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
"Aye".
28. ORDINANCE NO. 029326
Authorizing the City Manager or designee to execute a Use Privilege Agreement with.
Pietsch Realty Investments, LLC, (Owner and Permittee); granting and conveying a use
privilege of a 4' x 20' section (80 -square foot portion) of public City sidewalk right-of-
way as an outdoor seating space, in consideration of $560, a one-time use privilege fee;
subject to compliance with the specified conditions.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
"Aye".
30. ORDINANCE NO. 029328
Amending Section 2-79 of the Code of Ordinances by authorizing an interlibrary loan
service fee; providing an effective date; and providing for publication.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
„Aye„
The following items were pulled for individual consideration and were voted on separately.
There were no comments from the audience. City Secretary Chapa polled the council for their
votes as follows:
Minutes - Regular Council Meeting
December 13, 2011
Page 11
4. MOTION NO. M2011-270
Motion approving the lease purchase of 6,500 95196 -gallon curbside refuse containers from
Toter Incorporated of Statesville, North Carolina for the total amount of $293,800, of which
$31,479.72 is required for FY 2011-2012. The award is based on the cooperative
purchasing agreement with the Houston -Galveston Area Council of Governments (H -GAC).
The containers will be used in the City's automated collection program. Funds for the
lease purchase of the curbside collection containers will be provided through the City's
lease/purchase financing program.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
24. ORDINANCE NO. 029322
Appropriating and approving the transfer of funds in the amount of $950,000 from the
Unreserved Fund Balance in the No. 1020 General Fund for the prior and current
expenditures including construction of the Aquarius Street project from Dasmarinas to
Commodores into and appropriating in the Street Capital Improvement Fund No. 3530; and
changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 by
increasing appropriations by $950,000 in the No. 1020 General Fund.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
"Aye".
29. ORDINANCE NO. 029327
Amending the Code of Ordinances, Chapter 6, Section 6-103, entitled "Impoundment," to
require an animal released from impoundment to have a microchip and provide for payment
of the device; providing for penalties; providing for an effective date; and providing for
publication.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
Aye".
EXECUTIVE SESSIONS
follows:
Mayor Adame announced the executive sessions which were listed on the agenda as
Executive session pursuant to Sections 551.071 and 551.072 of the Texas Government
Code for legal advice on a matter in which the duty of the attorney to the governmental
body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with the Texas Open Meetings Act and deliberations regarding the value
or lease of real property, with possible discussion and action in open session.
Executive session pursuant to Section 551.087 of the Texas Government Code to
deliberate regarding confidential commercial or financial information received from a
Minutes - Regular Council Meeting
December 13, 2011
Page 12
business prospect that the City Council seeks to have locate, stay or expand within the City
and with which the City is conducting economic development negotiations and to deliberate
possible offers of financial or other incentives to said business prospect.
The council went into executive session. The council returned from executive session.
Mayor Adame announced that no action would be taken on the executive sessions.
MayorAdame deviated from the agenda and referred to Item No. 33, Destination Bayfront.
MayorAdame stated that he is abstaining and will not participate in the discussions related to this
item. Mr. J.J. Hart, Board Member statedthat the master implementation and phasing plan
provides the necessary concept and schematic design work to move forward with the project. He
added that they plan to develop the business plan which includes raising capital to building the
park, revenue to operate the park, and an operating and expense budget for managing the park.
Mr. Hart discussed the programming and concept design, schematic design for the park, project
team, project roadmap and the project budget.
Mayor Pro Tem Marez asked for comments from the audience. There were no comments.
City Secretary Chapa polled the council for their votes as follows:
33. MOTION NO. M2011-292
Motion authorizing the City Manager or designee to execute a Contract for Professional
Services with Hargreaves Associates, of San Francisco, California inthe amount of
$1,315,137.50 for Destination Bayfront Master Implementation and Phasing Plan to include
overall concept and schematic design phase services.
The foregoing motion was passed and approved with the following vote: Adler, Elizondo,
Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame abstained; Kieschnick was
absent.
PUBLIC HEARINGS
Mayor Pro Tem Marez referred to Item No. 31. Rudy Garza, Assistant City Manager stated
that they are recommending minor amendments to the Unified Development Code ordinances to
make them more functional and align them with the development areas. A motion was made,
seconded and passed to open the following public hearing. Carolyn Moon spoke in support of the
ordinances.
Council Member Martinez made a motion to close the public hearing, seconded by Council
Member Leal and passed. City Secretary Chapa polled the council for their votes as follows:
31.a. MOTION NO. M2011-282
Motion to amend prior to second reading the ordinance amending the Unified Development
Code by adding a new Sec. 6.6. as in accordance with the proposed changes noted at
Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of
December 13, 2011", and as incorporated within the proposed ordinances provided to
Council for consideration prior to second reading.
Minutes - Regular Council Meeting
December 13, 2011
Page 13
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
31.b. ORDINANCE NO. 029329
Amending the Corpus Christi Unified Development Code by adding a new Section 6.6.
entitled, "Development Concept and Special Overlay Zoning Districts", relating to the
establishment and use of specific development concept overlays and special overlay zoning
districts; amending conflicting provisions of. the City's Comprehensive Plan; repealing
conflicting ordinances; providing for penalties, publication and an effective date.
The foregoing ordinance was passed and approved an second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
"Aye".
31.c. MOTION NO. M201-283
Motion to amend prior to second reading the ordinance amending the Unified Development
Code by adding a new Sec. 6.7. as in accordance with the proposed changes noted at
Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of
December 13, 2011", and as incorporated within the proposed ordinances provided to
Council for consideration prior to second reading.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
31.d. ORDINANCE NO. 029330
Amending the Corpus Christi Unified Development Code by adding a new Section 6.7.
entitled, "Clustered Development Overlay Zoning District", relating to the use, regulations,
and review standards for clustered development; amending conflicting provisions of the
City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties,
publication and an effective date.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
"Aye".
31.e. MOTION NO. M2011-284
Motion to amend prior to second reading the ordinance amending the Unified Development
Code by adding a new Sec. 6.8. as in accordance with the proposed changes noted at
Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of
December 13, 2011", and as incorporated within the proposed ordinances provided to
Council for consideration prior to second reading.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
Minutes - Regular Council Meeting
December 13, 2011
Page 14
31.f. ORDINANCE NO. 029331
Amending the Corpus Christi Unified Development Code by adding a new Section 6.8.
entitled, "Mix Use Overlay District", relating to the use, regulations, and review standards
for mixed use development; amending conflicting provisions of the City's Comprehensive
Plan; repealing conflicting ordinances; providing for penalties, publication and an effective
date.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
„Aye„
31.g. MOTION NO. M2011-285
Motion to amend prior to second reading the ordinance amending the Unified Development
Code by adding a new Sec. 6.11. as in accordance with the proposed changes noted at
Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of
December 13, 2011", and as incorporated within the proposed ordinances provided to
Council for consideration prior to second reading.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
31.h. ORDINANCE NO. 029332
Amending the Corpus Christi Unified Development Code by adding a new Section 6.11.
entitled, "Uptown -Downtown Mixed -Use (MUS) Special Overlay District", relating to the
establishment of a mixed-use special overlay district promoting mixed-use development
within the uptown and downtown areas of the City; amending conflicting provisions of the
City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties,
publication and an effective date.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
"Aye".
31.i. MOTION NO. M2011-286
Motion to amend prior to second reading the ordinance amending the Unified Development
Code by adding a new Sec: 6.12. as in accordance with the proposed changes noted at
Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of
December 13, 2011", and as incorporated within the proposed ordinances provided to
Council for consideration prior to second reading.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
Minutes - Regular Council Meeting
December 13, 2011
Page 15
31j. ORDINANCE NO. 029333
Amending the Corpus Christi Unified Development Code by adding a new Section 6.12.
entitled, "Target Area Redevelopment Special (TARS) Overlay District", relating to the use,
regulations, and review standards promoting infill and redevelopment of designated
targeted areas within the City limits; amending conflicting provisions of the City's
Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication
and an effective date.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
"Aye".
31.k. MOTION NO. M2011-287
Motion to amend priorto second reading the ordinance amending the Unified Development
Code by adding a new Sec. 6.13. as in accordance with the proposed changes noted at
Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of
December 13, 2011", and as incorporated within the proposed ordinances provided to
Council for consideration prior to second reading.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Efizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
31.1. ORDINANCE NO. 029334
Amending the Corpus Christi Unified Development Code by adding a new Section 6.13.
entitled, "Streetscape Zone Standards", relating to the use, regulations and review
standards for creation of streetscape zones; amending conflicting provisions of the City's
Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication
and an effective date.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
"Aye".
31.m. MOTION NO. M2011-288
Motion to amend priorto second reading the ordinance amending the Unified Development
Code by adding a new Sec. 6.14. as in accordance with the proposed changes noted at
Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of
December 13, 2011", and as incorporated within the proposed ordinances provided to
• Council for consideration prior to second reading.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
Minutes - Regular Council Meeting
December 13, 2011
Page 16
31.n. ORDINANCE NO. 028335
Amending the Corpus Christi Unified Development Code by adding a new Section 6.14.
entitled, "Alternative Housing Options", relating to the use, regulations and review standards
for alternative housing options; amending conflicting provisions of the City's Comprehensive
Plan; repealing conflicting ordinances; providing for penalties, publication and an effective
date.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
"Aye".
31.o. MOTION NO. M2011-289
Motion to amend prior to second reading the ordinance amending the Unified Development
Code by adding a new Sec. 7.11. as in accordance with the proposed changes noted at
Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of
December 13, 2011", and as incorporated within the proposed ordinances provided to
Council for consideration prior to second reading.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
31.p. ORDINANCE NO. 029336
Amending the Corpus Christi Unified Development Code by adding a new Section 7.11.
entitled, "Neighborhood Mixed -Use (NMU) Development Standards", relating to the use,
regulations and review standards for residential mixed-use development; amending
conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances;
providing for penalties, publication and an effective date.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
"Aye".
31.q. MOTION NO. M2011-290
Motion to amend prior to second reading the ordinance amending the Unified Development
Code by adding a new Sec. 7.12. as in accordance with the proposed changes noted at
Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of
December 13, 2011", and as incorporated within the proposed ordinances provided to
Council for consideration prior to second reading.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
31.r. ORDINANCE NO. 029337
Amending the Corpus Christi Unified Development Code by adding a new Section 7.12.
entitled, "Adaptive Reuse Development Standards", relating to the use, regulations and
Minutes - Regular Council Meeting
December 13, 2011
Page 17
review standards for Adaptive Reuse and redevelopment of existing and historical
structures; amending conflicting provisions of the City's Comprehensive Plan; repealing
conflicting ordinances; providing for penalties, publication and an effective date.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting
"Aye".
REGULAR AGENDA
• Mayor Adame referred to Item No. 34. City Manager Olson stated that this item is for the
confirmation of the Fire Chief. He added that Mr. Rocha's first day of employment is December
19, 2011. Mayor Adame asked for comments from the audience. Carlos Torres, President of
Corpus Christi Firefighter Association spoke in support of the process and the new Fire Chief. City
Secretary Chapa polled the council for their votes as follows:
34. MOTION NO. M2011-293
Motion confirming the City Manager's appointment of Robert Rocha as Fire Chief.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
Mayor Adame referred to Item No. 35. Rebecca Huerta, Assistant to the City Manager
provided additional information on the automated agenda management system. She stated that
the current system operates a paper based manual agenda and that the new system being
recommended will automate agenda workflow process. Ms. Huerta added that the new system will
allow for improved tracking of agenda items and simplify agenda creation. She pointed out that
the advantages of a paperless agenda is the potential use of portable devices for council members
to read the agenda with annotating and highlighting features, and timely access to information for
council members and the public. She stated that implementation of the portable devices will occur
next fiscal year. Ms. Huerta stated that there is a 90 day implementation period starting in January
2012.
Mayor Adame asked for comments from the audience. There were no comments from the
audience. City Secretary Chapa polled the council for their votes as follows:
35.a. ORDINANCE NO. 029339
Ordinance appropriating $28,900 from the Unreserved Fund Balance in the No. 1020
General Fund for services from Granicus, Inc. to implement an automated agenda
management system; and changing the FY 2011-2012 Operating Budget adopted by
Ordinance No. 029155 to increase appropriations by $28,900.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott, voting "Aye".
Minutes - Regular Council Meeting
December 13, 2011
Page 18
35.b. MOTION NO. M2011-294
Motion authorizing the City Manager or designee to execute a First Amendment to the
Professional Services Agreement between Granicus, Inc. and the City of Corpus Christi for
an automated agenda management system for a term of twelve months with three one-year
automatic renewals, subject to annual appropriation of funds.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
Mayor Adame referred to Item No. 36. Mr. Pete Anaya, Director of Engineering stated this
item relates to the sanitary sewer overflows. He added that this is a $6 million project and that the
city is budgeting $2 million per annum over a three year period.
36. MOTION NO. M2011-295
Motion authorizing the City Manager or designee to execute a Contract for Professional
Services with Coym, Rehmet & Gutierrez of Corpus Christi, Texas, in the amount
of $243,413 for. City Wide Large Diameter Sanitary Sewer Cleaning and Inspection
Program.
The foregoing motion was passed and approved with the, following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Loeb, Martinez, voting "Aye"; Marez and Scott were absent.
City Manager Olson stated that Item No. 37 is being removed from the day's agenda and
will be brought back to council at a later date.
37. POSTPONED
FIRST READING ORDINANCES:
Mayor Adame referred to Item No. 38. Pat Eldridge, Police Department this is an annual
appropriation of abandoned unclaimed monies from the Police Property Room. The proper
notifications under State Law were followed and required notices were sent to the owner and no
claims were received, therefore, the unclaimed monies will be used to enhance the police property
room.
Mayor Adame asked for comments from the audience. There were no comments. City
Secretary Chapa polled the council for their votes as follows:
38. FIRST READING ORDINANCE
First Reading Ordinance - Appropriating $15,628.25 from abandoned/unclaimed monies
from the Police Property Room, changing the FY 2011-2012 Operating Budget adopted by
Minutes - Regular Council Meeting
December 13, 2011
Page 19
Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No.
1020 by $15,628.25 each.
The foregoing ordinance was passed and approved on first reading with the following vote:
Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, and Martinez, voting "Aye"; Scott
was absent.
FUTURE AGENDA ITEMS
Mayor Adame referred to the Future Agenda Item. section on the agenda. Items 39 - 42.
Mayor Adame stated that these items are for informational purposes only and that no action or
public comment will be taken at this time. Staff provided a presentation on Item Nos. 39, 40, 41
and 42.
39. Resolution approving an Interlocal Cooperation Agreement with the City of Portland for the
disposal of household hazardous waste at the J.C. Elliott Transfer Station for an initial term
of one year, with up to 19 additional one-year renewal periods; and authorizing execution
of the agreement by the City Manager or designee.
40.a. Motion authorizing the City Manager or designee to execute a Construction contract with
Bay, Ltd., of Corpus Christi, Texas in the amount of $15,081,495.80 for Staples Street
Phase 1 and 2 from Saratoga to Williams for the Base Bid and Additive Alternates 1, 2,
3, 4, 5, 6 and 7.(BOND ISSUE 2008)
40.b. Motion authorizing the City Manager or designee to execute a Professional Engineering
Materials Inspection and Testing Contract with Rock Engineering and Testing Laboratory,
Inc., of Corpus Christi, Texas in the amount of $177,441 for Staples Street Phase 1 and 2
from Saratoga to Williams. (BOND ISSUE 2008)
40.c. Motion authorizing the City Manager or designee to execute a Construction
Managementllnspection Services Contract to R. H. Shackelford, Inc., of Corpus Christi,
Texas in an amount not to exceed $296,865 for Staples Street Phase 1 and 2 from
Saratoga to Williams. (BOND ISSUE 2008)
41. Zoning Case No. 1011-02, Mostaghasi Investment Trust: A change of zoning from the
`CN -1" Neighborhood Commercial District to the "RS -6" Single-family 6 District, resulting
in a change of future land use from a commercial use to a low density residential use. The
property to be rezoned is 7.297 acres out of the east half of Lot 1, Block 2, Nueces River
Irrigation Park, located south of Northwest Boulevard (FM. 624) and west of County Road
69.
42. Zoning Case No. 1011-03, Elbas Land Development, Ltd.: A change of zoning from the
"RS -6" Single-family 6 District to the "RS -4.5" Single-family 4.5 District without a change of
future land use. The property to be rezoned is Assessors Map 138-A, Block 138-A, 8.51
acres of Lot 1 and Assessors Map 138-A, Block 138-A, 9.24 acres out of Lot 1, south of the
intersection of Up River Road and Wood Creek Drive.
Minutes - Regular Council Meeting
December 13, 2011
Page 20
UPDATES TO CITY COUNCIL
Mayor Adame referred to Item No. 43, Update on Regional Water Planning Process. Mr.
Gus Gonzalez, Director of Water Operations provided an overview of the regional water planning
process. Ms. Carola Serrato, Executive Director of South Texas Water Authority and Co -Chair of
the Regional Water Planning Group provided a review of the Regional Water Planning Plan that
was submitted in September 2011 including a review of Senate Bill1. Ms. Serrato stated that the
State is comprised of 16 regions each fed by a regional water planning group. She added that the
Coastal Bend is in Region N and includes 11 counties. Mr. Gonzalez provided a summary of the
majorwholesale water provide needs, city and wholesale water supply needs, recommended water
management strategies, comparison of water management strategies and other special studies
evaluated in 2011 Region N Plan.
MayorAdame referred to Item No. 44, Update on Backflow Prevention Program. Mr. Rudy
Garza, Assistant City Manager stated that the backflow prevention program was established as a
result of a TCEQ Agreed Order in 1998 and that the program is being administered within the
Development Services department under the International Plumbing Code. He provided statistics,
the TCEQ Regulations, and policies. In addition, Mr. Garza provided the following options: change
the criminal penalties to administrative, maintain the current inspection testing, change the
frequency of inspections, establish a maximum inspection and testing fee, and change
requirements for residential only.
MayorAdame announced that the council would consider Public Comment at this time and
would return to Item No. 44 after public comment. Robert Mitchell spoke about backflow testing;
Jaime Garcia, President, Coastal Bend Irrigation Association spoke about backflow testing; George
Canales spoke about backflow testing; James Rutherford, spoke about backflow testing; Buck
Robinson, spoke about backflow testing; Joe Alonzo, spoke in support of keeping the current
backflow testing system; John Collins, spoke about backflow testing; Heidi Hovda, Spokesperson
for Lindale Center and Lindale Neighborhood Association spoke about the improvements in that
area; Adam Chavarria spoke about the Lindale neighborhood; Carl Yowell spoke about the Lindale
neighborhood and improvements in that area; Jackie Robinson spoke about backflowtesting; Colin
Sykes spoke about Las Brisas and urged the Council to withdraw support for this project.
Mayor Adame returned to Item No. 44. Council Member Loeb made a motion to continue
to require the one year annual inspection for applications that TCEQ finds hazardous; if TCEQ list
changes to include things that are hazardous that it stays the same, or if they find something to be
hazardous that is not currently on the list or take something off the list that we have a five-year
inspection requirement on non hazardous, or if the property ownership changes that we continue
to require registration and continue to require the installation as we do currently, also in the annual
letter for inspection we allow people to opt out by stating they are non hazardous; amend to make
violations on the non hazardous side an administrative penalty rather than a criminal penalty; and
include a list of registered backflow testers in the letter and inform them that is not required but an
option for people to have a backflow inspection, seconded by Council Member Scott.
The motion failed with the following vote: Adame, Loeb, and Scott voting "Aye"; Adler,
Elizondo, Kieschnick, Leal, Martinez, and voting "No"; Marez was absent.
Mr. Olson stated that he plans to move forward with the adoption of the Technical Code and
that once the backflow issue has been resolved we can amend the Technical Code to incorporate
backflow aspect.
Minutes - Regular Council Meeting
December 13, 2011
Page 21
Mayor Adame referred to Item No. 45, Status Report on Crossing Guards Program. Troy
Riggs, Assistant City Manager provided an update regarding the funding strategies for the crossing
guard program. He added that after meeting with the Corpus Christi Independent School District
a total of 28 locations were identified, of which 27 are within CCISD and 1 within the Flour Bluff
Independent School District; the establishment of a volunteer program. Mr. Riggs stated that
CCISD has budgeted $20,000 to assist with the volunteer program.
CITY MANAGER COMMENTS
There were no city manager comments.
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 5:00 pm on December 13, 2011.