HomeMy WebLinkAboutMinutes City Council - 02/14/2012HEREBY 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 14, 2012 which were approved by
the City Council on February 21, 2012.
WITNESSETH MY HAND AND SEAL, on this the 21st day of February, 2012.
SEAL
Armando Chapa
City Secretary
INDEXED
Present:
Mayor Joe Adame
Council Members:
Chris Adler
Kelley Allen
Larry Elizondo
Priscilla Leal
David Loeb
John Marez
Nelda Martinez
Mark Scott
MINUTES
City of Corpus Christi, Texas
Regular Council Meeting
February 14, 2012 - 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 Lakendra Lewis, Diamond Ministry and the Pledge of Allegiance to the
United States Flag was led by Council Member Larry Elizondo.
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 stated that due to some corrections, the approval of minutes of the Regular
Council Meeting of January 31, 2012 will be considered next Tuesday.
BOARD APPOINTMENTS
The council made the following reappointments and new appointments to the city's boards,
commissions and committees:
Animal Control Advisory Committee
Harold Bennett, New Appointment
Clean City Advisory Committee
Teresa Klein (Comm at Large), Reappointed
Juan Rodriguez (Comm at Large), Reappointed
Dan Wilkerson (Beautify CC Assn), New Appointment
Rebecca Lyons (Educator), New Appointment
Kimberly Brumley (Comm at Large), New Appointment
Virginia Delgado (Comm at Large), New Appointment
Ethics Commission
Matthew Topelian, New Appointment
Human Relations Commission
Abel Alonzo, New Appointment
Landmark Commission
Dr. James Klein (History Teacher), Reappointment
Minutes - Regular Council Meeting
February 14, 2012
Page 2
Leo Rios (Real Estate), Reappointed
Marie Guajardo (Regular Member), Reappointed
Karen Howden (Historian), Realignment
Eric Villarreal (Civil Engineer), New Appointment
Margareta Fratila (Regular Member), New Appointment
Armando Mendez (Regular Member), New Appointment
Leadership Committee for Senior Services
Esperanza Lopez (Senior Center), Reappointed
Vicki Garza (Community), Reappointed
Ida Hobbs (Community), Reappointed
Adelfa Martinez (Community), Reappointed
Breanna Rye (Agency), New Appointment
Maricela Rivera (Agency), New Appointment
Cindi Mutchler (Community), New Appointment
Kenneth Mutchler (Community), New Appointment
CONSENT AGENDA
Mayor Adame called for consideration of the Consent Agenda (Items 3 - 7).There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
3. MOTION NO. M2012-030
Motion approving supply agreements with the following companies for the following
amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No.
CBCOG-12-1 for food items which include canned and frozen fruit and vegetables, meats
and condiments for an estimated six month expenditure of $172,625.43. The terms of the
contracts shall be for six months with options to extend for up to three additional months,
subject to the approval of the Coastal Bend Council of Governments, the suppliers and the
City Manager or designee. Funds are available through the Meals on Wheels grant.
LaBatt Food Service
Corpus Christi, Texas
140 line items
$79,724.63
Performance Food Group
Victoria, Texas
105 line items
$92,900.80
Grand Total: $172,625.43
The foregoing motion was passed and approved with the following vote: Adatne, Adler,
Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
4. MOTION NO. M2012-031
Motion approving supply agreements with Polydyne, Inc. of Riceboro, Georgia for sludge
dewatering polymer to be used at the wastewater treatment plants in accordance with Bid
Invitation No. BI -0030-12, based on only bid for an estimated twelve month expenditure of
$157,412 of which $78,706.02 is required for the remainder of FY2011-12. The term of the
contract will be for twelve months with option to extend for up to two additional twelve month
Minutes - Regular Council Meeting
February 14, 2012
Page 3
periods subject to the approval of the supplier and the City Manager 'or designee. Funds
have been budgeted by the Wastewater Department in FY2011-12.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
5. RESOLUTION NO. 029364
Resolution authorizing the City Manager or designee to accept a grant of $61,735 from the
Texas Department of State Health Services to provide for the elimination and control of
tuberculosis and execute all related documents; and to ratify acceptance of the grant to
begin as of January 1, 2012.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
5.b. ORDINANCE NO. 029367
Ordinance appropriating a grant of $61,735 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide for the elimination and control of
tuberculosis.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott,
voting "Aye".
6. MOTION NO. M2012-032
Motion authorizing the City Manager or designee to execute Change Order No. 3 to the
Construction Contract with Barcom Commercial, Inc. of Corpus Christi, Texas, in the
amount of $119,578.83 for a restated not to exceed contract fee of $3,416,939.48 for the
Corpus Christi International Airport Terminal Rehabilitation/Federal Inspection Station
Project.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
7. ORDINANCE NO. 029365
Appropriating $140,869.80 from Nueces County for funding eligible under FY2010
Department of Homeland Security Grant Program Operation Stonegarden Grant in the No.
1061 Police Grants fund to reimburse fuel, overtime, fringe benefits and equipment
expenditures for the Police Department's collaborative enforcement efforts with
Nueces County along routes of ingress and egress including (but not limited to) United
States Highway 77 and State Highway 44.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
EXECUTIVE SESSIONS:
follows:
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•
Minutes - Regular Council Meeting
February 14, 2012
Page 4
Mayor Adame announced the executive sessions which were listed on the agenda as
Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to
consult with attorneys regarding pending litigation in a case styled Cause No. CA -210-360,
John Michael Hogan vs. City of Corpus Christi, et -al, presently pending in the United
States District Court for the Southern District of Texas, Corpus Christi Division, with
possible discussion and action in open session.
Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to
consult with attorneys regarding pending litigation in a case styled Cause No. 06-62054-4,
Robert Mayorga vs. City of Corpus Christi, Texas, et al, presently pending in the United
States District Court for the Southern District of Texas, Corpus Christi Division, with
possible discussion and action in open session.
Executive session pursuant to Section 551.071 (1)(A) of the Texas Government Code to
consult with attorneys regarding contemplated litigation involving street lighting issues
within the City of Corpus Christi with possible discussion and action in open session.
Executive session pursuant to Section 551.071 of the Texas Government Code for
consultation with attorneys regarding fire collective bargaining negotiations with possible
discussion and action in open session.
The council went into executive session. The council returned from executive session. City
Secretary Chapa read the motion for Executive Session Item 1.1, 1.2, and 1.3. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
1.1 MOTION NO. M2012-033
Motion authorizing the City Manager to continue to employ the law firms of McKibben,
Woolsey & Villarreal, LLP and Canales & Simonson, PC to provide legal representation to
the City of Corpus Christi in Cause No. CA -210-360, John Michael Hogan vs. City of
Corpus Christi, et al, at an hourly rate not exceeding $200, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
1.2 MOTION NO. M2012-034
Motion authorizing the City Manager to continue to employ the law firm of Canales &
Simonson, PC to provide legal representation to the City of Corpus Christi in Cause No. 06-
62054-4, Robert Mayorga vs. City of Corpus Christi, et al, at an hourly rate not exceeding
$200, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
Minutes - Regular Council Meeting
February 14, 2012
Page 5
1.3. MOTION NO. M2012-035
Motion authorizing the City Manager to execute a settlement agreement between the
City of Corpus Christi and AEP, Texas, with regard to street lighting services billing issues
as agreed upon by the parties.
PUBLIC HEARINGS
Mayor Adame referred to Item No. 8, and a motion was made and passed to open the
public hearing on the following zoning case:
Zoning Case No. 1011-01, Humberto Avalos: A change of zoning from the "RM -3" Multi-
family 3 District to the "IL" Light Industrial District, resulting in a change of future land use.
The property to be rezoned is Meadow Park Block 2, Lots 1, 2, 3, and 4, located south of
Agnes Street, west side of Osage Street.
Miguel Saldana, Development Services referred to a presentation including the zoning
issues, an aerial view of the subject property, the existing and future land use map; ownership map
location of surrounding businesses; and the site plan. Mr. Saldana stated that the Planning
Commission and Staff recommend denial to the "IL" Light Industrial District.
Mayor Adame asked for comments from the audience. There were no comments. Council
Member Elizondo made a motion to close the public hearing, seconded by Council Member Adler
and passed. City Secretary polled the Council for their votes as follows:
8. FAILED
An emergency was declared and the foregoing ordinance failed with the following vote:
Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "No".
Mayor Adame referred to Item No. 9, and a motion was made and passed to open the
public hearing to receive comments regarding an amendment to the FY08 Consolidated Annual
Action Plan (CAAP) approved by the United States Department of Housing and Urban
Development (HUD) by reallocating funding from FY08 Community Development Block Grant -
Recovery (CDBG-R) Administration Costs to the CDBG-R approved project for Neighborhood
Centers.
Eddie Ortega, Director of Neighborhood Services stated that the item is reallocating
$33,463 from the Community Development Block Grant- Recovery Administration to Neighborhood
Centers.
Mayor Adame asked for comments from the audience. There were no comments. Council
Member Elizondo made a motion to close the public hearing, seconded by Council Member Scott
Minutes - Regular Council Meeting
February 14, 2012
Page 6
and passed. There were no comments from the audience. City Secretary Chapa polled the council
for their votes as follows:
9.b. MOTION NO. M2012-036
Motion to authorize the City Manager or designee following the conclusion of the public
comment period required by the United States Department of Housing and Urban
Development (HUD), to amend the FY08 Consolidated Annual Action Plan (CAAP) by
reallocating $33,463.22 from the Community Development Block Grant -Recovery
Administration Costs to Neighborhood Centers and to execute all necessary documents
with HUD and Neighborhood Centers as may be required to complete the project.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
REGULAR AGENDA
Mayor Adame referred to Item No. 10. Foster Crowell, Director of Wastewater stated that
this item is to provide reclaimed water service to the Naval Air Station - Corpus Christi. Mayor
Adame asked for comments from the audience. There were no comments. City Secretary Chapa
polled the council for their votes as follows:
10. RESOLUTION NO. 029366
Resolution authorizing the City Manager or designee to execute a Memorandum of
Agreement with the United States Naval Air Station, Corpus Christi, Texas (NASCC) to
provide Type 11 reclaimed water service to irrigate the on -base Gulf Winds Golf Course.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
FIRST READING ORDINANCE
Mayor Adame referred to Item No. 11. Michael Morris, Director of Parks and Recreation
stated this is for the appropriation of funds for programs coordinated through the City's Arts &
Cultural Commission. Mayor Adame asked for comments from the audience. There were no
comments. City Secretary Chapa polled the Council for their votes as follows:
11. FIRST READING ORDINANCE
Appropriating $5,902.36 in City utility customer donations in General Fund No. 1020 for use
by programs coordinated through the City Arts and Cultural Commission.
The foregoing ordinance was passed and approved on first reading with the following vote:
Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
Mayor Adame referred to Item No. 12. Michael Morris, Director of Parks & Recreation
stated that this appropriates funds from an enforcement action brought by the Texas Commission
on Environmental Quality for the Oso Bay Learning Center. Mayor Adame asked for comments
from the audience. There were no comments. City Secretary Chapa polled the council for their
votes as follows:
Minutes - Regular Council Meeting
February 14, 2012
Page 7
12. FIRST READING ORDINANCE.
Appropriating $9,980 from contributions in settlement of an enforcement action brought
about by the Texas Commission on Environmental Quality in the No. 1067 Parks and
Recreation Grants Fund for land acquisition for the Oso Bay Learning Center and Wetland
Preserve.
The foregoing ordinance was passed and approved on first reading with the following vote:
Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye".
Mayor Adame referred to Item No. 13. Miguel Saldana, Development Services stated that
this item relates to text amendments to the Unified Development Code and includes twenty-one
amendments. He added that nine of these amendments have a direct impact to development
community. Mayor Adame asked for comments from the audience. There were no comments.
City Secretary Chapa polled the council for their vote as follows:
13. FIRST READING ORDINANCE
Amending the Corpus Christi Unified Development Code by revising and abbreviation term
at Subsection 1.11.2; by adding three definitions to Subsection 1.11.3; by revising Table
3.1.7.A and Subsection 3.1.7.C.4.a, and adding Subsection 3.1.7.C.1.c relating to notice
requirements; by revising Subsection 4.2.8.C, and adding 4.2.8.D.4, 4.2.10 and 4.2.11, and
revising Tables 4.3.3, 4.4.3.B and 4.4.4 relating to lot measurements; by revising Table
4.6.2 relating to permitted uses in industrial districts; by revising 5.3.2.B and 5.3.2.C, and
deleting 5.3.2.D relating to accessory uses and structure; by revising Subsection 7.2.4.G
relating to tandem parking; by revising Subsection 7.5.13.E relating to institutional signs;
by adding Subsection 8.2.1.G.7 relating to cul-de-sacs; by adding Subsection 8.2.9 relating
to dead end mains; and by revising 8.5.1.6 and 8.5.2.B relating to the payment of fees;
amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting
ordinances; and providing for penalties, publication and an effective date.
The foregoing ordinance was passed and approved on first reading with the following vote:
Adame, Adler, Elizondo, Leal, Marez, Martinez and Scott, voting "Aye"; Allen and Loeb were
absent.
FUTURE AGENDA ITEMS
Mayor Adame referred to the Future Agenda Item section on the agenda (Items 14 - 21).
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 Numbers 20 and
21.
14. Resolution authorizing the submission of a grant application in the amount of $81,188.69
to the State of Texas, Criminal Justice Division for funding available under the Victims of
Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a City
match of $14,731.84 and $4,000 in-kind services for a total project cost of $99,920.53;
and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate
the grant.
Minutes - Regular Council Meeting
February 14, 2012
Page 8
15. Resolution authorizing the submission of a grant application in the amount of $94,705.39
to the State of Texas, Criminal Justice Division, for funding available under the Violence
Against Women Act (VAWA) fund for the police department's Family Violence Unit with a
City match of $47,165.68, and an in-kind match of $7,200 for at total project cost of
$149,071.07; and authorizing the City Manager or designee to apply for, accept, reject, alter
or terminate the grant.
16. Resolution authorizing the submission of a grant application in the amount of $59,914 to
the State of Texas, Office of the Governor, Criminal Justice Division for funding available
under the Criminal Justice Programs Fund for the Police Department to continue the
Regional Fusion Center and authorizing the City Manager or designee to apply for, accept,
reject, alter or terminate the grant.
17. Resolution approving a service agreement between the Corpus Christi-Nueces County
Public Health District ("Health District") and the Texas General Land Office to enable the
Health District to provide beach water sampling in Nueces, Aransas, and San Patricio
Counties under the Texas Beach Watch Program; and ratifying approval of the agreement
as of September 1, 2011.
18. Resolution adopting training standards for Juvenile Case Managers employed by the City
of Corpus Christi, providing for implementation of said standards, and providing for periodic
review to ensure implementation of the requisite standards.
19. Resolution authorizing the City Manager or designee to execute an Interlocal Advanced
Funding Agreement with the Texas Department of Transportation (TxDOT) Voluntary Local
Government Contributions to Transportation Improvement Projects in the amount of
$56,180 for manhole and valve adjustments during the rehabilitation of FM24 from IH37 to
south of Starlite Road.
20. Motion authorizing the City Manager or designee to execute a Contract for Professional
Services with RVE, Inc., of Corpus Christi, Texas in the amount of $959,995 for Williams
Drive Improvements, Phase 3, from Staples Street to Airline Road.
21. Motion authorizing the City Manager or designee to execute a contract with Trillion AV LLC,
of Austin, Texas for Aviation Business Consultant Services with effective date February 1,
2012, with term of one year, with options to extend for up to four additional one-year terms,
with first year fee not to exceed $90,000, based on Statement of Work, of which the fee for
the first six months of that first year shall not exceed $60,225, based on Statement of Work.
PUBLIC COMMENT
Mayor Adame called for comments from the audience. Jack Gordy spoke about illegal
signs and enforcement of the Texas Highway Beautification Act; Carlos Torres spoke about status
of ongoing firefighter contract negotiations; Joan veith, spoke in support of firefighters; Carolyn
Moon, spoke about traffic at the intersection of Yorktown and Rodd Field Road.
CITY MANAGER COMMENTS
City Manager Olson provided updates on the Street Maintenance Funding Implementation
Schedule, status of Police Chief hiring and Staff Retreat.
Minutes - Regular Council Meeting
February 14, 2012
Page 9
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 2:50 p.m. on February 14, 2012.