HomeMy WebLinkAboutReference Agenda City Council - 07/28/200911:45 A.M. - Proclamation declaring Saturday, August 1, 2009 as "Feria De Las Flores Day"
Proclamation decaring July 31 -August 2, 2009 as "5'6 Annual Diabetes Continuing
Education Conference Weekend"
Commendation: "In Recognition of Our Legislative Delegation's Efforts on Behalf of the
Citizens of Corpus Christi During the 81 s` Legislative Session of Texas"
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL -COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
JULY 28, 2009
8:30 A.M. ~/
PUBLIC NOTICE -THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS
ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY
COUNCIL.
Members of the audience will be provided an opportunely to address the Council at approximately 1200 p.m. Please
speak Into the microphone located at the podium and state your name and address. Your presentation will be limited
to three minufes. If you have a petition or other information pertaining to your subject, please present it to fhe City
Secretary.
Si Usted desea dirigirse al Concilio y tree que su ingles es limitado, habr8 un intrsrprete inglcs-asparlol en todas las
juntas del Concilio Para ayudade.
Persons with disabilRies who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's ottSce (at 361-826-3105) at least 48 hours in advance so that appropriafe arrangements
can be made.
A. Mayor Joe Adame to call the meeting to order.
B. Invocation to be given by Pastor Mark Montgomery, Grace United Methodist Church.
C. Pledge of Allegiance to the Flag of the United States. P ~„~~
D. City Secretary Armando Chapa to call the rpll of the required Charter Officers.
Mayor Joe Adame
Mayor Pro Tem Kevin Kieschnick
Council Members:
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
City Manager Angel R. Escobar /
City Attorney Mary Kay Fischer ~/
City Secretary Armando Chapa
1ND'EX'~'~
Agenda
Regular Council Meeting
July 28, 2009
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
E. MINUTES:
1. Approval of Regular Meeting of July 21, 2009. (Attachment # 1)
F. PRESENTATIONS: 8; ?jrja.:. I ~',FjQ ~ 3;ZZ - 4;
2. City Economic Incentive Policies for 2009-2010 (Attachment
# 2)
3. Governmental Accounting Standards Board (GASB) Statement
No. 45 -Other Post Employment Benefits -How it Affects the
City's Budget and Insurance Premiums (Attachment # 3)
G. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
TATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS
THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE
FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR
NAME, ADDRESS AND TOPIG. (A recording is made of the meeting;
therefore, please speak into the microphone located at the podium
and state your name and address. If you have a petition or other
information pertaining to your subject, please present it to the City
Secretary.)
1. MAKE A STATEMENT OF FACTUAL INFORMATION.
2. RECITE AN EXISTING POLICY IN RESPONSE TO THE
INQUIRY.
3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE
PLACED ON AN AGENDA AT A LATER DATE.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL
DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL
MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS
POLICY /S NOT MEANT TO RESTRAIN A CITfZEN'S FIRST
AMENDMENT RIGHTS.
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Agenda
Regular Council Meeting
July 28, 2009
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
H. EXECUTIVE SESSIONS: ~ ; 20 . 3. 22
PUBLIC NOTICE is given that the City Council may elect to go into
executive session of any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions
of the Open Meeting Acf, Chapter 551 of the Texas Government
Code, and that the City Council specifically expects to go into
executive session on the following matters. In the event the Council
elects to go info executive session regarding an agenda item, the
section or sections of the Open Meetings Act authorizing the
executive session will be publicly announced by the presiding office.
4. Executive session under Texas Government Code Section
551.071 regarding Sherman King and Jenny King vs. Juan
Gabriel Salinas and the City of Corpus Christi, Texas; Cause
No. 07-4268-E; in the 148th Judicial District Court, Nueces
County, Texas, with possible discussion and action in open
session.
5. Executive session under Texas Government Code Section
551.071 to conduct a private consultation with its attorney
regarding Nueces County Water Control and Improvement
District No. 4 v. The City of Corpus Christi, before the Texas
Commission on Environmental Quality, Original Petition
Appealing a Wholesale Water Rate and Request for Interim
Rates, with possible discussion and action in open session.
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6. Executive session under Texas Government Code Section Cse,~ (Ylo-I-~viS
551.074, Personnel Matters, for deliberations regarding the
appointment, employment, evaluation, reassignment, duties, ~ (~Q-d
discipline, or dismissal of Municipal Court Judges with possible pyt ~~ t pG~F
discussion and action related thereto in open session. M~trr, ,,, J~
I. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 7) ~', ~rj - 1.~;' (~ ~ ` 61~.
7. Corpus Christi Convention and Visitors Bureau
J. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the
City Council will use a different method of adoption from the one
listed,• may finally pass an ordinance by adopting it as an emergency
measure rather than a (wo reading ordinance; or may modify the
action specified. A motion fo reconsider maybe made of this meeting
of a vote at the last regular, or a subsequent special meeting; such
Agenda
Regular Council Meeting
July 28, 2009
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
agendas are incorporated herein for reconsideration and action on
any reconsidered item.
K. CONSENT AGENDA
Notice to the Public
The following items are of a routine or administretive nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by
one vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items
not requiring separate discussion have been acted upon. The remaining
items will be adopted by one vote.
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration.)
8. Motion approving the purchase of three (3) tractor loader
backhoes in the amount of $187,366; and the lease purchase of
one (1) articulating wheel loader, three (3) mini track
excavators, and two (2) tractor loader backhoes in the amount
of $357,401.11 for a grand total of $544,767.11. The equipment
is awarded to the following companies for the following amounts
in accordance with Bid Invitation No. BI-0182-09, based on low
bid, low bid meeting specifications, and best bid. The
construction equipment will be used by the Water and Gas
Departments. All units are replacements to the fleet. Funding
for the purchase of the equipment is available in the Capital
Outlay Budget of the Maintenance Services Fund. Financing for
the lease purchased equipment will be provided through the
City's lease/purchase financing contractor. (Attachment # 8)
Anderson Machinery Valley Ditch Witch
Corpus Christi, TX Comus Christi, TX
Line Item: 1 Line Item: 2
$119,946 $121,909.11
Robstown Hardware H & V Equipment
Robstown. TX Corpus Christi, TX
Line Item: 3 Line Items: 4, 5, 6
$34,816 $268,096
2009 210
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Grand Total: $544,767.11
Agenda
Regular Council Meeting
July 28, 2009
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Motion approving the purchase of one (1) tractor mounted slope
mower and one (1) long reach hydraulic excavator from the
following companies for the following amounts based on the
Cooperative Purchasing Agreement with the Texas Locai
Government Cooperative, for a total amount of $335,686.58.
The equipment will be used by the Storm Water Department.
Both units are replacements to the fleet. Funding is available in
the Storm Water Maintenance and Operations Budget in FY
2008-2009. (Attachment # 9)
Alamo Sales Corp. Waukesha Pearce Industries, Inc.
Seguin. Texas Houston, Texas
Line Item: 1 Line Item: 2
$86,474.58 $249,212
Grand Total: $335,686.58
10. Motion authorizing the purchase of specialized equipment for a
total amount of $138,698.38 utilizing funds from the 2007
Homeland Security Grant awarded to the City of Corpus Christi
and budgeted in the Fire Grant Fund 1062. (Attachment # 10)
11. Motion approving the purchase of hardware, software, and
services to upgrade the public safety radio equipment to 700
Mhz from Dailey & Wells, of San Antonio, Texas based on sole
source for a total expenditure of $498,526.69. Funds are
available through the Public Safety Interoperability
Communications Grant. (Attachment # 11)
12. Resolution authorizing the City Manager or his designee, to
execute a renewal of Interlocal Cooperation Agreement with Del
Mar College for the Fire Department to use the College's
Training Field. (Attachment # 12)
13. Resolution authorizing the City Manager or his designee to
submit a grant application in the amount of $35,000 to the
Coastal Bend Council of Governments for recycling and anti-
litter education and to execute all related documents.
(Attachment # 13)
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Agenda
Regular Council Meeting
July 28, 2009
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
14.
a. Resolution authorizing the City Manager or his designee to
accept additional grant funding in the amount of $2,140, from
the Coastal Bend Council of Governments and to execute an
amendment to the existing grant agreement to provide
recycling and anti-litter education. (Attachment # 14}
b. Ordinance appropriating $2,140 in additional grant funding
from the Coastal Bend Council of Governments in the No.
1051 Solid Waste Grants Fund to provide recycling and anti-
littereducation. (Attachment # 14)
15. Resolution by the City Council of the City of Corpus Christi
requesting financial assistance from the Texas Water
Development Board in the amount of $8,000,000 for the
planning, design, and permitting of a pipeline and related
facilities between the Colorado River and the Mary Rhodes
Pipeline pumping facility at Lake Texana; authorizing the filing of
an application for assistance; and making certain findings in
connection therewith. (Attachment # 15)
16
a. Resolution nominating Citgo Refining and Chemicals
Company, L.P., to the Office of the Governor Economic
Development & Tourism, through the Economic
Development Bank, for designation as a triple jumbo
enterprise project, under the Texas Enterprise Zone
Program under the Texas Enterprise Zone Act, Chapter
2303, Texas Government Code. (Attachment # 16)
b. Resolution nominating Valero Refining -Texas, L.P., to the
Office of the Governor Economic Development ~ Tourism,
through the Economic Development Bank, for designation as
a triple jumbo enterprise project, under the Texas Enterprise
Zone Program under the Texas Enterprise Zone Act,
Chapter 2303, Texas Government Code. (Attachment # 16)
17. Resolution authorizing the City Manager or his designee to
execute a contract for the collection of delinquent special
assessments, demolition, and weed lien accounts with
Linebarger, Goggan, Blair & Sampson, LLP for a fee of 25% of
principal and interest collected on delinquent accounts turned
over to law firm. (Attachment # 17)
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Agenda
Regular Council Meeting
July 28, 2009
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2 9
18.
Motion authorizing the City Manager or his designee, to execute 214
a professional services agreement with HDR Engineering, Inc.
of Corpus Christi, Texas in an amount not to exceed ~~lCl
$188,900.00 for the Landfill Gas to Energy Development ~as~-~
Assistance. (Attachment # 18)
19. Motion authorizing the City Manager or his designee to execute
a construction contract with KJM Commercial of Corpus Christi,
Texas, in the amount of $957,500 for the Heritage Park Cultural
Center Historical Preservation/Renovation project for the Total
Base Bid plus Additive Alternate No. 1. (Bond Issue 2008)
(Attachment # 19)
20. Motion authorizing the City Manager or his designee to execute
a construction contract with Ram-Bro Contracting, Inc. of
Robstown, Texas, in the amount of $500,885 for ADA Ramp
and Sidewalk Improvements for Street Overlays Part A
(Clusters 1 & 3), Part B (Cluster 2) and Part C (Cluster 4) for the
Total Base Bid. {Attachment # 20)
L. PUBLIC HEARINGS: (NONE)
M. LEGISLATIVE UPDATE: [.E.~J~ ~ L~,;~
21. End of Session Report - 81St Legislative Session (Attachment
# 21)
N. REGULAR AGENDA ~ ;CJ~ ~ ~;~ j~
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
22. Ordinance ame ding the Code rdinances, Ci of Corpus
Christi, Cha r 2, Article V, a of Ethics, re rding conflict
of intere ,gifts, financial 'closure reports thics commis ' n
dutie ,and disclosure mterests; provid' for publicatio ,and
p rding an effectiv date. (Attachmen 22)
23. Resolution authorizing the City Manager or his designee to
submit a competitive funding application to the National
Telecommunications and Information Administration (NTIA) for
Broadband Initiatives Program (BIP) and Broadband
Technology Opportunities Program Funding (BTOP) under the
American Recovery and Reinvestment Act of 2009 and execute
all related documents. (Attachment # 23)
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Agenda
Regular Council Meeting
July 28, 2009
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
24. Motion authorizing the lease/purchase of equipment, acquisition
of technical consulting services, and five (5) years of support
and maintenance from Tropos Networks of Sunnyvale,
California for support of the City's automated meter reading
system and wireless network for a total of $1,767,645. This
acquisition will be financed for a period of 5 years by Frost
Financial Services of Corpus Christi, Texas. (Attachment # 24)
25. Ordinance appropriating $2,500,000 from excess revenues in
the Water Fund 4010 for increased chemical personnel
materials and supply costs; changing the FY 2008-2009 Budget
adopted by Ordinance No. 027776 by increasing both revenues
and expenditures by $2,500,000 each. (Attachment # 25)
26. Resolution approving the Corpus Christi Business and Job
Development Corporation's Affordable Housing - New
Construction Program and the program guidelines. (Attachment
# 26)
SPECIAL BUDGET CONSIDERATION ITEMS:
Proposed Citv of Corpus Christi Budget FY 2009-2010:
27.
a. Second Reading Ordinance -Adopting the City of Corpus
Christi budget for the ensuing Fiscal Year beginning August
1, 2009; to be filed with the County Clerk; appropriating
monies as provided in the budget. (1St Reading - 7/14/09)
(Attachment # 27)
b. Second Reading Ordinance to ratify increase of $2,971,452
in Property Tax Revenues from last year's Operating Budget
as reflected in the FY 2009-2010 Operating Budget. (1St
Reading - 7/14/09) (Attachment # 27)
Proposed Revisions to the Code of Ordinances. Chapter 39,
Personnel:
28. Second Reading Ordinance - Amending the Code of
Ordinances, Chapter 39, Personnel, Article III Employee
Compensation and Classification System, revising Section 39-
303 to include pay adjustment for Commercial Driver's License
(CDL) on Pay Plan 100, update minimum wage on Pay Plan
200, adjust police management pay range on Pay Plan 300, add
provision for 5% salary differential above employees supervised
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Agenda
Regular Council Meeting
July 28, 2009
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
29.
by select positions in Pay Plan 400; modify work coordinator
career ladder maximum pay ranges, change pay grades on Pay
Plan 1000; revising Section 39-304, Classified Service defined
to clarify pay plans exempt from classified service; revising
Sections 39-337 and 39-352 to clarify use of sick leave
consistent with the Family and Medical Leave Act (FMLA);
revising Section 39-362 to clarify that prior service of a
temporary employee shall not be considered and recognition of
prior service after completion of probationary period; adding
Section 39-368 Catastrophic Leave Program; repealing all other
ordinances, and rules, or parts of ordinances and rules, in
conflict with this ordinance; providing for effective date and
providing for severance. (First Reading - 7/14/09) (Attachment
# 28)
Fee/Rate Increase Adjustments:
a. Ordinance amending the Code of Ordinances, City of
Corpus Christi, Chapter 53 regarding parking fines; providing
for penalties; and providing for publication; and providing for
an effective date. (Attachment # 29)
b. Motion to amend Section 1 of the Ordinance Amending the
Code of Ordinances, City of Corpus Christi, Chapter 55,
Utilities, Regarding Water, Gas, and Wastewater Rates and
Fees, passed on first reading on July 14, 2009, by revising
Section 55-50(a)(1)b. (Attachment # 29)
c. Second Reading Ordinance -Amending the Code of
Ordinances, City of Corpus Christi, Chapter 55, Utilities,
regarding water, gas and wastewater rates and fees,
providing an effective date. (First Reading - 7/14/09).
(Attachment # 29)
d. Second Reading Ordinance -Amending Section 55-7,
"Local Exchange Access Line 9-1-1 Service Fee," of the
Code of Ordinances, by increasing the service fees of
residential, business, and business trunk local exchange
access lines; providing for an effective date; and providing
for publication. (First Reading - 7/14!09) (Attachment # 29)
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Agenda
Regular Council Meeting
July 28, 2009
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
e. Second Reading Ordinance - Amending
Ordinances, City of Corpus Christi, Chapter
Court, regarding Juvenile Case Manager Fee
providing for publication. (First Reading
(Attachment # 29)
the Code of
29 Municipal
increase; and
- 7/14/09)
f. Second Reading Ordinance -Amending the Code of
Ordinances, Chapter 21, Article 1, Section 21-1 by revising
the definition for "Can Account"; amending Article IV, Section
21-40(a) by revising Solid Waste resource recovery fees and
enacting a residential cart collection fee; amending Article
IV, Sections 21-47(a) and (b) by revising the State Agency
reference and the Municipal Solid Waste System service
charges; providing for an effective date; providing for
publication; and providing for penalties. (First Reading -
7/14/09) (Attachment # 29)
g. Second Reading Ordinance -Revising Section 55-70(9),
Code of Ordinances, City of Corpus Christi, to increase
water tap fees; providing for penalties; and providing for
publication. (First Reading - 7/14/09) (Attachment # 29)
O. PRESENTATIONS: (NONE)
P. CITY MANAGER'S COMMENTS: (NONE)
Q. ADJOURNMENT: I
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at ; O d p.m.,
on July 23, 2009.
rmando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cctexas.com on the Thursday before regularly
scheduled council meetings. If technical problems occur, the
agenda will be uploaded on the Internet by the Friday.
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Symbols used to highlight action items that implement
council goals are on attached sheet.
4. Motion authorizing the City Manager to settle Cause No. 07-4268-E; Sherman
King and Jenny King vs. Juan Gabriel Salinas and the City of Corpus Christi, for ;
the sum of $80,000.00, subject to certification of funds. ~ ~ ,
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6.a. Motion accepting resignation of Part Time Municipal Court Judge Hector
DePena. ~ ~ ~ ~ { ; ~ r,t
6.b. Ordinance appointing Rodolfo Tamez, Margie Silva Flores, Mary Kay Medary, ~,t~~}'l~~_'~-~'~
James Mike Alaniz, and Julianna Siracusa Rivera as municipal judges of the
Municipal Court of Record in the City of Corpus Christi; appointing Deanie King ~ 1L~ 4'~
Magistrate Judge of the Municipal Court of Record in the City of Corpus Christi;
appointing Melissa Kay Madrigal, Jerry L. Batek, Craig Henderson, Christopher
Matt and Patrick O'Hare as part-time judges of the Municipal Court of Recorjdryrt-, ,~
the City of Corpus Christi; determining salary; providing a term of office. }- ~ ~~
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6.c. Motion to accept resignation of Judge Rodolfo Tamez as Presiding Judge
effective upon new replacement being appointed.
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City Council Goals 2009-2011
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Economic Development Strategic Plan
Coliseum Plan
Development Process Improvement
Support Public Safety
Garwood Water Plan
Develop Street Plan
Community Pride
Sustainability and Renewable Energy
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