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I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of January 24, 2017 which were approved by the City
Council on January 31, 2017.
WITNESSETH MY HAND AND SEAL, on this the 31st day of January, 2017.
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kebecca Huerta
City Secretary
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City Council
Tuesday,January 24,2017 2:00 PM Council Chambers
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 OPPORTUNITY TO
ADDRESS THE COUNCIL AT APPROXIMATELY 5:30 P.M.ON CITY-RELATED
MATTERS THAT ARE NOT SCHEDULED ON THE AGENDA. PUBLIC COMMENT
ON AGENDA ACTION ITEMS WILL BE HEARD AT THE TIME THE COUNCIL
CONSIDERS THE AGENDA ITEM. CITIZEN COMMENTS WILL BE LIMITED TO
THREE MINUTES. 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.Any electronic
media (e.g. CD, DVD,flash drive)that the Public would like to use while they
speak to the City Council MUST be submitted a minimum of 24 hours prior to
the meeting. Please contact the Public Communications department at
361-826-3211 to coordinate.
A. Mayor Dan McQueen to call the meeting to order.
Mayor Pro Tern Vaughn called the meeting to order.
B. Invocation to be given by Mrs. Dorothy Dundas,Texas Apostolic Prayer
Network.
Mrs.Dorothy Dundas gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Commander
Kelly Isaacks, Corpus Christi Police Department.
Police Commander Kelly Isaacks led the Pledge of Allegiance.
D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca Huerta called the roll and verified that a quorum of the
City Council and the required Charter Officers were present to conduct the
meeting.
Charter Officer:
City Manager Margie C.Rose,City Attorney Miles K.Risley,and City Secretary
Rebecca Huerta.
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Present: 8- Council Member Rudy Garza,Council Member Paulette Guajardo,Council
Member Michael Hunter,Council Member Joe McComb,Council Member
Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith,and
Council Member Carolyn Vaughn
Absent: 1 - Mayor Dan McQueen
E. Proclamations/Commendations
1. Swearing-In Ceremony for Newly Appointed Board, Commission and
Committee Members.
Mayor Pro Tem Vaughn conducted the swearing-in ceremony for newly
appointed board,commission,and committee members.
F. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Pro Tem Vaughn referred to City Manager's Comments.City Manager
Margie C.Rose reported on the following topics:
a. OTHER
1)A public meeting regarding the Gollihar Road project will be held
Wednesday,January 25,2017 from 5:30 p.m.to 7:00 p.m.at the Lindale Senior
Center,located at 3135 Swantner.The consultants,design engineers,and staff
will provide the project description,time schedule and will be available to
answer questions.The Gollihar Road project is a full depth reconstruction of
the existing road approved by the voters as part of Bond 2014.2)City Manager
Rose announced that the first"Conversations with the City Manager"will be
held on January 30,2017 at 6:00 p.m.at the Northwest Senior Center.
G. MINUTES:
2. Regular Meeting of January 17, 2017.
Mayor Pro Tem Vaughn referred to approval of the minutes.Council Member
Guajardo made a motion to approve the minutes,seconded by Council
Member Hunter and passed unanimously.
R. EXECUTIVE SESSION: (ITEM 36)
36. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to Article II of the
City Charter, elections, resignation, Mayoral & City Council succession,
and other matters of state law, ordinances, and City Council policies
and procedures.
Mayor Pro Tem Vaughn deviated from the agenda and referred to executive
session Item 36.The Council went into executive session at 2:13 p.m.The
Council returned from executive session at 3:16 p.m.
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H. SPECIAL CONSIDERATION ITEM:
3. Resignation of Mayor
Discussion and consideration of Mayor Dan McQueen's resignation.
Mayor Pro Tem Vaughn referred to Item 3.Mayor Pro Tem Vaughn read a
statement informing the citizens of Corpus Christi of the City Council's
intention to work hard at addressing the needs of the City and to continue to
move the City forward.
City Attorney Miles K.Risley provided a legal interpretation of the provisions in
the City Charter related to a vacancy in the office of mayor and vacancies in
the office of a council member.City Attorney Risley presented a resolution
recommending the following:acceptance of the resignation of Dan McQueen;a
special election must be called to elect a new mayor for the remainder of the
unexpired term;and the Mayor Pro Tem shall act as Mayor until such time as
the newly elected Mayor takes office upon the special election to be held on
May 6,2017.
Mayor Pro Tern Vaughn called for comments from the public.Abel Alonzo,1701
Thames,thanked the City Council for their transparency restoring trust and
confidence to the public;and representing the best interest of the City.Rick
Milby,4412 High Ridge Drive,spoke regarding the following language in the
City Charter: the at large council member with the highest number of votes
shall immediately become the Mayor;the City Council should then immediately
fill the vacant position of the at large member;and the City Council being the
judge of the election and qualification of its own members.Susie Luna
Saldana,4710 Hakel,spoke regarding the cost of an election;Legal's
interpretation of the City Charter;and Council Member McComb filling the
position of Mayor.Sherry Sells,5014 Wingfoot,spoke regarding legal
interpretations and asked the City Council to make a decision that is beneficial
for the City.Ray Madrigal,4253 Dody,spoke regarding the special election for
the office of mayor.
Council Member Rubio made a motion to approve the Resolution of the Corpus
Christi City Council accepting the resignation of Mayor Dan McQueen and
regarding Mayor Pro Tem Service and Duties,seconded by Council Member
Guajardo.This Resolution was passed and approved with the following vote:
Aye: 8- Council Member Garza, Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina, Council
Member Rubio, Council Member Smith and Council Member Vaughn
Absent: 1 - Mayor McQueen
Abstained: 0
Enactment No:031044
BOARD & COMMITTEE APPOINTMENTS:
4. Animal Care Advisory Committee
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City Council's Youth Advisory Committee
Corpus Christi Aquifer Storage and Recovery Conservation District
Library Board
Mayor Pro Tem Vaughn referred to board and committee appointments.The
following appointments were made:
Animal Care Advisory Committee
Council Member McComb nominated Sharon Ray.Council Member Molina
nominated Linda A.Gibeaut.Linda A.Gibeaut was appointed with Council
Members Hunter,Molina,Rubio,Vaughn,and Garza voting for Linda A.
Gibeaut and Council Members McComb,Guajardo,and Smith voting for
Sharon Ray.
City Council's Youth Advisory Committee
Council Member Rubio made a motion to appoint Hannah Mayo(Primary-Mary
Carroll High School),Hector Piris(Primary-Collegiate High School),Jailene
Robledo(Alternate-Collegiate High School),Noah Earley(Primary-Flour Bluff
High School),Marina Langford(Alternate-Flour Bluff High School),Amille
Bottom(Primary-Incarnate Word Academy),Ashley Montgomery(Alternate-
Incarnate Word Academy),Christian McAllister(Primary-John Paul II High
School),Christina Okoniewski(Alternate-John Paul II High School),Akash
Maheshwari(Primary-King High School),Mark Infante(Alternate-King High
School),Justine Wade(Primary-Miller High School),Felipe Alvarez(Alternate-
Miller High School),Monique Martinez(Primary-Moody High School),Kim
Cornejo(Alternate-Moody High School),Katie Gasiorowski(Primary-Ray
High School),Tyler Johnson(Alternate-Ray High School),Jaime Castillo
(Primary-Tuloso-Midway High School),Jaclyn Cavazos(Alternate-
Tuloso-Midway High School),Creighton Avery(Primary-West Oso High
School),and Myranda Flores(Alternate-West Oso High School),seconded by
Council Member Guajardo and passed unanimously.
Corpus Christi Aquifer Storage and Recovery Conservation District
Council Member Smith made a motion to confirm the following officers:Dan
McGinn(Vice-President),Fred Segundo(President),and Tom Tagliabue
(Secretary),seconded by Council Member Molina and passed unanimously.
Library Board
Council Member Molina made a motion to reappoint Alice Nixon(La Retama
Club)and Harris M.Worchel(At-Large),seconded by Council Member Rubio
and passed unanimously.
Mayor Pro Tem Vaughn made a motion to realign Harris M.Worchel from
At-Large to Friends of the Libraries Board,seconded by Council Member
Hunter and passed unanimously.
Council Member McComb made a motion to appoint Tom Krepel(At-Large)and
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Janis G.Wood(At-Large),seconded by Council Member Hunter and passed
unanimously.
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 5-17)
Approval of the Consent Agenda
Mayor Pro Tem Vaughn referred to the Consent Agenda.A citizen requested
that Items 13 and 14 be pulled for individual consideration.A council member
requested that Item 9 be pulled for individual consideration.
A motion was made by Council Member Garza,seconded by Council Member
Rubio,to approve the Consent Agenda.The consent agenda items were
passed and approved by one vote as follows:
Aye: 8- Council Member Garza,Council Member Guajardo, Council Member
Hunter, Council Member McComb,Council Member Molina,Council
Member Rubio, Council Member Smith and Council Member Vaughn
Absent: 1 - Mayor McQueen
Abstained: 0
5. Appointing Financial Advisor for Solid Waste Certificates of
Obligation
Motion authorizing the appointment of M. E. Allison, &Co., as
Financial Advisor for the City of Corpus Christi, Texas Combination
Tax and Limited Pledge Revenue Certificates of Obligation, Taxable
Series 2017B in an amount not to exceed $2,500,000.
This Motion was passed on the Consent Agenda.
Enactment No: M2017-007
6. Resolution approving publication of Notice of Intention to Issue
Certificates of Obligation
Resolution by the City Council of the City of Corpus Christi, Texas,
authorizing and approving publication of Notice of Intention to issue
Certificates of Obligation; complying with the requirements contained
in Securities and Exchange Commission Rule 15c2-12; and providing
an effective date.
This Resolution was passed on the Consent Agenda.
Enactment No:031045
7. Reimbursement Resolution for Certificates of Obligation
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Resolution relating to establishing the City's intention to reimburse
itself for the prior lawful expenditure of funds from the proceeds one or
more series of tax-exempt or taxable obligations to be issued by the
City in an aggregate amount not to exceed $9,650,000 for authorized
purposes relating to constructing various City improvements;
authorizing matters incident and related thereto; and providing an
effective date.
This Resolution was passed on the Consent Agenda.
Enactment No: 031046
8. Resolution approving a Homebuyer Assistance Program
agreement between the Corpus Christi Business and Job
Development Corporation and the City of Corpus Christi.
Resolution approving an agreement between the Corpus Christi
Business and Job Development Corporation and the City of Corpus
Christi for Type A Affordable Housing Program- Homebuyer
Assistance Program in the amount of$107,500; and authorizing the
City Manager or designee to execute said agreement.
This Resolution was passed on the Consent Agenda.
Enactment No:031047
10. Engineering Construction Contract for City-Wide Collection
System Replacement and Rehabilitation Indefinite
Delivery/Indefinite Quantity (IDIQ) Program (Capital Improvement
Program)
Motion authorizing the City Manager, or designee, to execute a
construction contract with IPR South Central LLC of Pasadena, Texas
in the amount of$4,000,000 for the City-Wide Collection System
Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity
Program (ID/IQ)for the Total Base Bid. The initial contract is
anticipated as a two (2)year(730 calendar days) base contract, with
three (3) optional one (1)year(365 calendar days)extensions subject
to availability of funding and satisfactory contractor performance. The
optional contract extension will not exceed an amount of$2,000,000
per year and will be administratively authorized by the City Manager or
designee based on available funding. (Capital Improvement Program)
This Motion was passed on the Consent Agenda.
Enactment No: M2017-009
11. Engineering Construction Contract for Greenwood Drive Storm
Water Improvements
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Motion authorizing the City Manager, or designee, to execute a
construction contract with Clark Pipeline Services, LLC. of Corpus
Christi, Texas in the amount of$469,401.98 for the Greenwood Drive
Storm Water Improvements.
This Motion was passed on the Consent Agenda.
Enactment No: M2017-010
12. Resolution approving a Supply Agreement for Liquid Caustic
Soda Solution
Resolution rejecting all initial bids submitted for the purchase of liquid
caustic soda("chemical"); finding that the purchase of the chemical is
necessary to preserve and protect the public health and safety of the
City's residents; obtaining pricing through competitive solicitation; and
authorizing the City Manager or designee to execute a one-year supply
contract for the chemical with Univar of Kent, Washington, in an
amount not to exceed $1,362,882.00, of which an estimated
expenditure of$908,588.00 in FY2016-2017 is funded by the Water
Fund, and includes up to four one-year renewals.
This Resolution was passed on the Consent Agenda.
Enactment No: 031048
15. Second Reading Ordinance -Conversion and reclassification of
24 Firefighter I positions to 24 Firefighter II -EMS positions
effective February 1, 2017 pursuant to Resolution No. 030964 and
Settlement Agreement(1st Reading 1/17/17)
Ordinance amending Ordinance No. 030965 Section 4. to convert and
reclassify 24 Firefighter I positions to 24 Firefighter II-EMS positions
effective February 1, 2017 pursuant to Resolution No. 030964 and
settlement agreement.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:031049
16. Second Reading Ordinance -Approving agreement and
appropriating funds to reimburse developer for the construction
of water arterial transmission and grid main line located south of
South Padre Island Drive(SH 358),west of Flour Bluff Drive, along
Glenoak Drive(1st Reading 1/17/17)
Ordinance authorizing City Manager or designee to execute a water
arterial transmission and grid main construction and reimbursement
agreement("Agreement")with David E. and Christine L. Harris
("Developer"), for the construction of a water arterial transmission and
grid main line and appropriating $141,334.85 from the No. 4030
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Arterial Transmission and Grid Main Trust Fund to reimburse the
Developer in accordance with the Agreement.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:031050
17. Second Reading Ordinance-Accepting and appropriating two
donations for the North Beach Breakwater Plaza, North Shoreline
Repair and Enhancement Project(Bond 2012, Proposition 8) (1st
Reading 1/17/17)
Ordinance accepting and appropriating a donation in the amount of
$25,000 from the USS Lexington and a donation in the amount of
$25,000 from the Texas State Aquarium in Fund No. 3530 for the
North Beach Breakwater Plaza, North Shoreline Repair and
Enhancement Project E12129; Changing the FY 2017 Capital
Improvement Budget adopted by Ordinance No. 030936 to increase
revenues and expenditures by$50,000. (Bond 2012, Proposition 8)
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:031051
13. Disbursement of Council Member Carolyn Vaughn's FY2016/2017
Salary& Car Allowance
Motion authorizing the City Manager or designee to distribute Council
Member Carolyn Vaughn's FY2016/2017 budgeted salary and
associated payroll taxes, which are not to be received by Council
Member Vaughn, in the amount of$6,459.00, to Animal Care Services
to be used to transport canines to other cities for the purpose of
adoption and Council Member Carolyn Vaughn's FY2016/2017
budgeted car allowance and associated payroll taxes, which are not to
be received by Council Member Vaughn, in the amount of$4,521.30,
to Animal Care Services to be used for the provision of diagnostic
testing and the treatment of cruelly treated canines housed at the
City's Animal Care Services facility.
Mayor Pro Tem Vaughn referred to Item 13.Denise Matow,4520 Surfside,
spoke regarding Items 13 and 14 and asked the City Council to reject the
disbursement of Council Member Vaughn's salary and car allowance and
Council Member Guajardo's salary to prevent the entanglement of government
and non-profit organizations.Chris Phelan,3806 Kingston and Abel Alonzo,
1701 Thames,spoke in support of Items 13 and 14.
Council Member Smith made a motion to approve the motion,seconded by
Council Member Hunter.This Motion was passed and approved with the
following vote:
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Aye: 8- Council Member Garza, Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina,Council
Member Rubio, Council Member Smith and Council Member Vaughn
Absent: 1 - Mayor McQueen
Abstained: 0
Enactment No: M2017-011
14. Disbursement of Council Member Paulette M. Guajardo's
FY2016/2017 Salary
Motion authorizing the City Manager or designee to execute an
agreement with 911 Park Place d.b.a. Mission 911, a Texas non-profit
corporation, of Corpus Christi Texas, in the amount of$4,950.73, to be
funded by Council Member Paulette M. Guajardo's FY2016/2017
budgeted city council salary and associated payroll taxes, which are
not to be received by Council Member Guajardo, in support of
programs provided by 911 Park Place d.b.a. Mission 911 in the City of
Corpus Christi, Texas.
This item was discussed during the discussion on Item 13.
Council Member Smith made a motion to approve the motion,seconded by
Council Member Hunter.This Motion was passed and approved with the
following vote:
Aye: 8- Council Member Garza,Council Member Guajardo, Council Member
Hunter,Council Member McComb,Council Member Molina, Council
Member Rubio,Council Member Smith and Council Member Vaughn
Absent: 1 - Mayor McQueen
Abstained: 0
Enactment No: M2017-012
9. Engineering Construction Contract for Corpus Christi
International Airport(CCIA) Runway 18-36 and Associated Work
Motion authorizing the City Manager, or designee, to execute a
construction contract with GL Contracting/Double Rafter H
Construction Company, LLC. -Joint Venture of San Antonio, Texas in
the amount of$1,094,167.18 for the CCIA Runway 18-36 and
Associated Work for the Base Bid (Asphalt Option)with a 90/10%
respective share of contract costs between the FAA and the City.
Mayor Pro Tem Vaughn referred to Item 9,execution of an engineering
construction contract for the Corpus Christi International Airport Runway 18-36
and associated work.In response to a council member,Director of Engineering
Services Jeff Edmonds stated that staff is recommending awarding the
contract for the asphalt option to receive the funding match from the Federal
Aviation Administration(FAA).The FAA will not fund the concrete option which
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would result in a higher cost to the City.
Council Member Smith made a motion to approve this motion,seconded by
Council Member Hunter.This Motion was passed and approved with the
following vote:
Aye: 8- Council Member Garza,Council Member Guajardo, Council Member
Hunter,Council Member McComb, Council Member Molina, Council
Member Rubio, Council Member Smith and Council Member Vaughn
Absent: 1 - Mayor McQueen
Abstained: 0
Enactment No: M2017-008
L. PUBLIC HEARINGS: (ITEM 18)
18. Public Hearing and First Reading Ordinance to adopt the
proposed Mustang/Padre Area Development Plan
Ordinance amending the Comprehensive Plan of the City of Corpus
Christi by adopting the Mustang/Padre Island Area Development Plan;
defining the City's Comprehensive Plan policies on Mustang and
Padre Island for protection of the environment, land use,
transportation, economic development, public services, capital
improvements, and plan implementation; rescinding the
Mustang/Padre Island Area Development Plan adopted by City Council
Ordinance#025725, April 20, 2004; providing for severance; and
providing for publication.
Mayor Pro Tem Vaughn referred to Item 18.Assistant Director of Planning/ESI
Daniel McGinn stated that the purpose of this item is to update the
Mustang/Padre Island Area Development Plan.The current Mustang/Padre
Island Area Development Plan was adopted in 2003 as an element of the City's
Comprehensive Plan.In 2016,the Island Strategic Action Committee(ISAC)
adopted as a high priority the need to update the plan.The ISAC formed a
subcommittee to review and recommend revisions to the existing plan with the
support of the Padre Isles Property Owners Association and Padre Island
Business Association.William Goldston,ISAC member,spoke regarding the
mission of ISAC;the subcommittee;community involvement;and the need to
update the existing plan to serve the City and island.
Mayor Pro Tem Vaughn opened the public hearing.John Kelley,3621 Austin,
stated that public comment could not be made without a presentation.
Assistant Director of Planning/ESI McGinn provided a brief presentation
including:the boundaries of the Mustang/Padre Island Area;the planning
process;the plan summary addressing environmental policies,land use,
transportation,economic development,public service and capital
improvements,and plan implementation;and the future land use map.
Chris Phelan,3806 Kingston,asked whether there were discussions on the sea
level and climate change and spoke regarding the location of the meetings
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solely being held on the island.
Mayor Pro Tem Vaughn closed the public hearing.
Staff responded to a council member's questions regarding the length of time
the plan has been posted on the city's website and whether ISAC evaluated the
sea level as part of the plan.
Council Member McComb made a motion to approve the ordinance,seconded
by Council Member Hunter.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Council Member Garza, Council Member Guajardo,Council Member
Hunter, Council Member McComb, Council Member Molina, Council
Member Rubio, Council Member Smith and Council Member Vaughn
Absent: 1 - Mayor McQueen
Abstained: 0
M. REGULAR AGENDA: (ITEMS 19 -20)
19. Changing the Start Time of City Council Meetings
Discussion and consideration of changing the start time of the regular
City Council Meetings.
Mayor Pro Tem Vaughn referred to Item 19.City Secretary Rebecca Huerta
stated that Mayor Pro Tem Vaughn requested that this item be placed on the
agenda to consider changing the start time of the regular City Council
meetings and options for executive session and public comment.City
Secretary Huerta presented three options for consideration.Option 1:start the
meeting 9:00 a.m.and address the routine parts of the agenda including roll
call,invocation,the Pledge of Allegiance,City Manager's comments,minutes,
board appointments,and the consent agenda;hold executive session from 10
a.m.to 12:00 p.m.;public comment to begin at 12:00 p.m.and continue with
the balance of the agenda.Option 2:start the meeting at 10:00 a.m.and have
roll call;hold executive sessions from 10:00 a.m.to 12:00 p.m.;address routine
items from 12:00 p.m.to 12:30 p.m.; public comment to begin at 12:30 p.m.;
and continue with the balance of the agenda.Option 3:start the meeting at
11:30 a.m.;public comment at 12:00 p.m.;and executive sessions immediately
after.
Mayor Pro Tem Vaughn called for comments from the public.Sherry Sells,
5014 Wingfoot,requested that the City Council make a decision and keep the
time to allow the public to coordinate attending and asked that the agenda be
shortened.Gloria Scott,4422 S.Alameda,spoke in support of holding public
comment between 12:00 p.m.or 12:30 p.m.to accommodate citizens during
their lunch hour to come and address the City Council.Jack Gordy,4118 Bray,
spoke in support of meetings beginning at 11:30 a.m.with public comment at
12:00 p.m.Susie Luna Saldana,4710 Hakel,spoke in support of beginning the
meeting at 11:30 a.m.,public comment at 12:00 p.m.and executive sessions at
the end of the meeting.Samuel Andre Fryer,2222 Cardinales Lane,spoke
regarding setting a time specific for agenda items and in support of executive
sessions at the beginning or end of the meeting.
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Council members spoke regarding the following topics:concern with public
comment at 5:30 p.m.;consideration to start the council meetings at 9:00 a.m.
or 10:00 a.m.with executive sessions at the beginning of the meeting;support
to set a fixed time for executive sessions either before or at the end of the
meetings;support to begin the council meetings at 11:30 a.m.with executive
session at the end of the meeting;public comment to begin at 12:00 p.m.to
allow citizens to come during their lunch break;the need to routinely have
executive session items;and an effective date to begin the new start time.
Council Member Rubio made a motion to change the start time of the regular
City Council meeting to 11:30 a.m.with executive sessions to be schedule at
the end of the meeting,beginning February 14,2017,seconded by Council
Member Molina.This Motion was passed and approved with the following vote:
Aye: 8- Council Member Garza, Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina,Council
Member Rubio, Council Member Smith and Council Member Vaughn
Absent: 1 - Mayor McQueen
Abstained: 0
mno
20. ResolutionEnactet Napproving: M2017-013Street Preventative Maintenance Program
(SPMP) FY 2017 Annual Work Plan
Resolution approving the concepts, direction, and general work plan
for the Fiscal Year(FY) 2017 Street Preventative Maintenance
Program (SPMP).
Mayor Pro Tern Vaughn referred to Item 20.Executive Director of Public Works
Valerie Gray stated that the purpose of this item is to approve the Street
Preventative Maintenance Program(SPMP)FY 2017 Annual Work Plan.There
were no comments from the public.
A council member requested that the plan be published to include work that
has already be completed,projects that still need to be completed and current
projects.
Council Member Garza made a motion to approve the resolution,seconded by
Council Member Hunter.This Resolution was passed and approved with the
following vote:
Aye: 8- Council Member Garza,Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina,Council
Member Rubio,Council Member Smith and Council Member Vaughn
Absent: 1 - Mayor McQueen
Abstained: 0
Enactment No:031052
N. FIRST READING ORDINANCES: (ITEMS 21 -24)
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21. First Reading Ordinance-Transferring and appropriating
matching funds for the Retired Senior Volunteer Program (RSVP)
and the Senior Companion Program (SCP)Grants
Ordinance transferring $79,173 from the No. 1020 General Fund to
and appropriating in the No. 1067 Parks and Recreation Grant Fund
as matching grant funds for the Retired Senior Volunteer Program
(RSVP) and transferring $76,903 from the No. 1020 General Fund to
and appropriating in the No. 1067 Parks and Recreation Grant Fund
as matching grant funds for the Senior Companion Program (SCP);
amending Ordinance No. 030818 to authorize the transfer of matching
grant funds for the RSVP and SCP programs budgeted in the No.
1020 General fund to and appropriate them in the No. 1067 Parks and
Recreation Grant Fund for said programs.
Mayor Pro Tem Vaughn referred to Item 21.Interim Director of Parks and
Recreation Stacie Talbert Anaya stated that the purpose of this item is to
transfer and appropriate City grant matching funds to allow for the
continuation of the Retired Senior Volunteer Program(RSVP)and the Senior
Companion Program(SCP).There were no comments from the Council or the
public.
Council Member McComb made a motion to approve the ordinance,seconded
by Council Member Rubio.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Council Member Garza, Council Member Guajardo,Council Member
McComb,Council Member Molina, Council Member Rubio,Council
Member Smith and Council Member Vaughn
Absent: 2- Mayor McQueen and Council Member Hunter
Abstained: 0
22. First Reading Ordinance-Accepting and approriating funds in the
Community Enrichment fund for park improvements
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate$318,198.30 in
developer contributions, other donations and interest earnings in the
4720 Community Enrichment Fund for park improvements and other
related projects as described on the attached and incorporated Exhibit
A.
Mayor Pro Tem Vaughn referred to Item 22.Interim Director of Parks and
Recreation Stacie Talbert Anaya stated that the purpose of this item is to
accept and appropriate$318,198.30 in developer contributions,other
donations and interest earnings in the Community Enrichment Fund for park
improvements.Ms.Anaya presented information on the Community
Enrichment Fund;the Unified Development Code(UDC)Public Open Space
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requirements;and the use of funds for the major investment parks,
neighborhood parks and hike and bike trail development There were no
comments from the public.
Council members spoke regarding the following topics:the interest earned in
the Community Enrichment Fund;the balance of developer fees;whether
expenditures where approved by the Park and Recreation Advisory Committee;
list of designated park projects;whether West Guth Park is listed for funding;
and clarification on the investment of city funds versus the Reinvestment Zone
No.2.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Garza.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Council Member Garza, Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina, Council
Member Rubio, Council Member Smith and Council Member Vaughn
Absent: 1 - Mayor McQueen
Abstained: 0
23. First Reading Ordinance-Five Year Lease Agreement for
Buccaneer Commission
Ordinance authorizing the City Manager or designee to execute a five-
year lease agreement with Buccaneer Commission for the use of Tex
Mex Railroad Depot located at 1800 block of Chaparral Street, in
consideration of rental payments of$600 per month increasing to$750
per month in third year and$900 per month in fourth year; and
providing for options to extend for up to two additional five-year terms
with rental rates to be increased each five-year term by ten percent;
and providing for publication.
Mayor Pro Tem Vaughn referred to Item 23.Interim Director of Parks and
Recreation Stacie Talbert Anaya stated that Items 23 and 24 are related to a
lease agreement with the Buccaneer Commission for the Tex-Mex Railroad
Depot The purpose of Item 23 is to execute a five-year lease agreement with
the Buccaneer Commission for the use of the Tex-Mex Railroad Depot located
in the 1800 block of Chaparral Street,in consideration of rental payments of
$600,$750,and$900 per month as the terms escalate and providing for
options to extend for up to two additional five-year terms with the rental rates
to be increased each five-year term by ten percent The Buccaneer
Commission currently leases the Jalufka-Gavatos House in Heritage Park.The
Commission has outgrown the space and needs additional room.The lease
agreement requires a 28-day delay between readings per the City Charter and a
61-day delay before the contract can be executed.The purpose of Item 24 is to
execute a short-term lease agreement to cover that timeframe.
Mayor Pro Tem Vaughn referred to comments from the public.John Kelley,
3621 Austin,recommended a shorter time frame because the value of the
property will be worth more with the removal of the old Harbor Bridge.
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In response to Mayor Pro Tem Vaughn,Ms.Anaya stated that the option to
extend the agreement will have to be mutually decided on by both parties and
staff will determine whether the contract is no longer viable for the City.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Smith.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Council Member Garza,Council Member Guajardo, Council Member
Hunter,Council Member McComb,Council Member Molina,Council
Member Rubio,Council Member Smith and Council Member Vaughn
Absent: 1 - Mayor McQueen
Abstained: 0
24. First Reading Ordinance-Short-term Lease Agreement for
Buccaneer Commission
Ordinance authorizing the City Manager or designee to execute a
short-term lease agreement with Buccaneer Commission for the use of
Tex Mex Railroad Depot located at 1800 block of Chaparral Street, in
consideration of rental payments of$600 per month, not to exceed six
months.
This item was discussed during the discussion on Item 23.There were no
comments from the Council or the public.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Garza.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Council Member Garza,Council Member Guajardo, Council Member
McComb,Council Member Molina,Council Member Rubio,Council
Member Smith and Council Member Vaughn
Absent: 2- Mayor McQueen and Council Member Hunter
Abstained: 0
O. FUTURE AGENDA ITEMS: (ITEMS 25 -31)
Mayor Pro Tern Vaughn referred to Future Agenda Items.City Manager Rose
stated that staff had planned presentations on Items 30 and 31.Council
members requested information on Items 25 and 29.
25. Service Agreement for Mowing of Storm Water and Street
Rights-of-Way
Motion authorizing City Manager, or designee, to execute a service
agreement with 2Chainz Brush Clearing, LLC of Lolita, Texas, for
mowing of storm water and street rights-of-way, in accordance with
Request for Bids No. 165, based on the lowest, responsive,
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responsible bid for a total amount not to exceed $367,772.00, with an
estimated expenditure of$245,181.33 in FY2016-2017. The term of
this contract will be for 12 months with options to extend for two
additional 12-month periods, subject to the mutual consent of the City
Manager and the contractor.
This Motion was recommended to the consent agenda.
26. Service Agreement for the purchase of a Gas/Blower Flare for the
Cefe F.Valenzuela Landfill
Motion authorizing the City Manager or designee to execute a service
agreement with Parnel Biogas. Inc., of Tulsa, Oklahoma, for the
purchase of a gas/blower flare in accordance with Request for Bids
No.184, based on lowest, responsive and responsible bid for a total
amount not to exceed $271,475.64, to be funded by Solid Waste 2017
Certificates of Obligation. The term of the agreement is for 12 months.
This Motion was recommended to the consent agenda.
27. Construction Contract and Professional Services Contract for
Cefe F.Valenzuela Landfill Gas Collection and Control System
(Capital Improvement Project)
Motion authorizing the City Manager, or designee, to execute a
construction contract with Tri Con Works, LLC. of Houston, Texas in
the amount of$1,019,690 for the Cefe F. Valenzuela Landfill Gas
Collection and Control System for the total base bid and to execute a
contract for Construction Phase Engineering and Quality Assurance
Services with SCS Engineers, Inc. from Austin, Texas in the amount of
$268,000 for full-time construction management. (Capital
Improvement Project)
This Motion was recommended to the consent agenda.
28. Engineering Construction Contract and two Materials Testing
Agreements for Gollihar Road Improvements from Kostoryz Road
to Weber Road (Bond 2014 Proposition 1)
Motion authorizing the City Manager, or designee, to execute a
construction contract with Haas-Anderson Construction, Ltd. of Corpus
Christi, Texas in the amount of$13,534,848.30 for Gollihar Road
Improvements from Kostoryz Road to Weber Road for a total base bid
and to execute a construction materials testing agreement with Rock
Engineering in the amount of$63,725.00 for Gollihar Road from
Weber to Carroll Lane and to execute a construction materials testing
agreement with Rock Engineering in the amount of$59,359.00 for
Gollihar Road from Carroll to Kostoryz. (BOND 2014 Proposition 1)
This Motion was recommended to the consent agenda.
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29. Engineering Construction Contract for Street Preventative
Maintenance Program (SPMP) FY 2017-Street Overlays
Motion authorizing the City Manager, or designee, to execute a
construction contract with Bay, LTD. of Corpus Christi, Texas in the
amount of$9,421,462.50 for the total base bid and two (2)one-year
renewal options for the Street Preventative Maintenance Program
(SPMP) street overlays and to execute two construction materials
testing agreement with Rock Engineering for Part 1 -West in the
amount of$74,965.00 and for Part 2 - East in the amount of
$74,965.00 for SPMP street overlays.
This Motion was recommended to the consent agenda.
31. Resolution supporting the introduction of Legislation authorizing
a motor fuel tax on a local option basis for Residential Street
Funding
Resolution of the City of Corpus Christi, Texas supporting the
introduction of Legislation authorizing a motor fuel tax on a local option
basis for Residential Street Funding.
This Resolution was recommended to the consent agenda.
Q. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. A recording is
made of the meeting; therefore, please speak into the microphone located at the
podium and state your name and address.This Public Comment period is for
items that are NOT on the Agenda.Your presentation will be limited to three
minutes. If you have a petition or other information pertaining to your subject,
please present it to the City Secretary.Any electronic media (e.g. CD, DVD,flash
drive)that the Public would like to use while they speak MUST be submitted a
minimum of 24 hours prior to the Meeting. Please contact the Public
Communications department at 361-826-3211 to coordinate.
Mayor Pro Tern Vaughn deviated from the agenda.Shirley Thornton,1917
Woodcrest Drive,thanked the City council members that attend the meeting of
the Flour Bluff Citizens'Council on January 23,2017 and the progress the
group has made to take care of their community.Kate Engler spoke regarding
the following:an incident that occurred at 1919 Leopard;political issues,and
being optimistic about living in Corpus Christi.Sherry Sells,5014 Wingfoot,
spoke regarding the following:appreciation to the Corpus Christi Police
Department for their assistance with ADA violations;response from the Human
Relations Department on a filed complaint;and improving the research system
for Development Services.Gloria Scott,4422 S.Alameda;Errol Summerlin,
Citizens Alliance for Fairness and Progress;Lamont Taylor,1701 Stillman;
Dorothy Dundas,7617 Rancho Vista;and Claude Axel,741 Crestview Drive;
asked for support demanding that the Texas Department on Transportation
(TxDOT)comply with its obligations under the voluntary resolution agreement
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with the Federal Highway Administration for residents in the Hillcrest area.
Chris Phelan,3806 Kingston,spoke regarding health issues in industrial areas
and annexing the refineries as a revenue source.Jack Gordy,4118 Bray,asked
the City Council to place the removal of the palm trees on Airline Road and the
removal of the red light cameras on the City Council agenda.Rosalie Beaty,
5130 Graford Place,offered support and presented a petition for Ronald
Elizondo to be considered for the position of Director of the Al Kruse Tennis
Center for which he was told he did not meet the qualification to be
interviewed.Trian Serbu,14310 Playa del Ray,spoke regarding recent water
situations and requested that residents be reimbursed on their utility bills.
Guillermo Puego,5329 Bromley,spoke regarding the following issues:the
results of the recent water situation;the removal of red light cameras;and a
violation received by Code Enforcement for a fence located at Ridgewood Park.
Mayor Pro Tern Vaughn called for a brief recess at 6:11 p.m.Mayor Pro Tern
Vaughn reconvened the Council meeting at 6:29 p.m.
FUTURE AGENDA ITEMS: (ITEMS 25-31)
Mayor Pro Tem Vaughn deviated from the agenda and returned to Future
Agenda Items.Mayor Pro Tem Vaughn referred to Item Item 30.Staff pprovided
a presentation on this item.
30. Resolution approving the Wastewater Management Plan
Resolution approving the City of Corpus Christi Wastewater
Management Plan Final Report("Final Report") regarding options for
improvements to the City's wastewater treatment plants ("WWTPs")
and adopting Option 4D as stated in the Final Report which provides
for following key infrastructure components: (1) construction of a new
12 million gallons per day(MGD)wastewater treatment facility at a
new site("New WWTP")with recommended location in the area
between the current Allison and Greenwood WWTPs; (2)
consolidation of existing wastewater flows at two WWTPs: the New
WWTP and an upgraded and expanded 20 MGD plant on the Oso
WWTP site, with Broadway and Whitecap WWTPs to remain in
service for foreseeable future; and (3) decommissioning of the
Allison, Laguna Madre, and Greenwood WWTPs.
This Resolution was recommended to the regular agenda.
P. BRIEFINGS: (ITEMS 32 -35)
32. Texas Municipal Retirement System Update
Mayor Pro Tem Vaughn referred to Item 32.Director of Human Resources
Steven Viera stated that the purpose of this item is to provide an update on the
Texas Municipal Retirement System(TMRS).Mr.Viera introduced the
presentation team:David Rodriguez,TMRS Senior Regional Manager and
Lorraine Moreno,TMRS Regional Manager.
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Mr.Rodriguez presented an overview of the system including:TMRS history
and membership;funding basics;TMRS funding summary plan;benefit
structure;investment earnings;administrative costs;investment return;
investment policy;investment structure;economic impact;actuarial funding;
and Corpus Christi's benefits,actuarial status,and contribution rates.
Council members spoke regarding the following topics:the 5 year vesting
period;the 2 to 1 match from the City;TMRS'actuarial investment return
assumption of 6.75%;TMRS representation in Corpus Christi;rate of return for
2016;the issues with the Dallas Police and Fire Plan;investment assumption;
the number of employees,not police,that are participating in the system;and
total deferred gains.
33. Water Quality Projects Update
Mayor Pro Tem Vaughn referred to Item 33.Interim Director of Water Utilities
Dan Grimsbo stated that the purpose of this item provide an update on the
actions taken and projects to improve water quality.Mr.Grimsbo introduced
the presentation team:Assistant Director of Water Utilities Wes Nebgen,Water
Quality Manager Gabriel Ramirez,and Utility Systems Manager Rafael Martinez.
Mr.Grimsbo presented the following information:background on the boil
water notice from May 2016;definitions of code regulations;water quality
progress;the actions the City has implemented and current and future actions
to be taken to address the three major areas of the water system including
source,treatment and distribution;and the location,cost and estimated
timeline for the current capital improvement plan projects.
Council members and staff discussed the following topics:the completion
time for the Starry Road elevated storage tank;whether the Starry Road
elevated storage tank will replace the Flour Bluff tank;the estimated cost of a
mixer;status on the sediment sludge removal;standard operating procedures;
the new chlorine dioxide system;whether the recommended procedure from
the 2007 water situation have been implemented;the status of the water
committee recommendations;and whether reintroducing fluoride will impact
the system.
34. Affordable Housing Plan
This Presentation was withdrawn.
35. Discovery -Carport Regulations
Mayor Pro Tem Vaughn referred to Item 35.Interim Director of Development
Services Julio Dimas stated that the purpose of this item is to update the City
Council about regulations regarding carports.Mr.Dimas stated that this
presentation is part of the discovery process and presented the following
information:the definition of a carport;examples of various carport designs in
the City made of a combination of wood and metal and metal roofing;typical
property layouts with examples of acceptable and non-acceptable carports;a
dispersion map identifying carports throughout the City;the issues including:
location of carports,proposed changes in the ordinance to address carports,
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and safety concerns;permitting;and discussion points for new and existing
carports.
Council members and staff discussed the following topics:the permitting
process for new carports in neighborhoods where there are existing carports
in the front yard setback;safety concerns with most carports not meeting
windstorm criteria;establishment of Special Use Exemptions;costs associated
with bringing existing carports up to code;issues that staff are currently
encountering regarding carports;grandfathering existing carports;and safety
issues.
R. EXECUTIVE SESSION: (ITEMS 36 -39)
Mayor Pro Tern Vaughn referred to executive session Items 38 and 39.The
Council went into executive session at 8:38 p.m.The Council returned from
executive session at 9:25 p.m.
37. Executive session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to pending and
potential employment law litigation against the City, the Health District,
and/or the officers and employees of said entity(ies), including
potential approval of settlement(s), authorization of employment of
attorneys and experts, and other actions related to said litigation.
This E-Session Item was withdrawn.
38. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to potential
economic development agreement(s)with entities that are considering
the construction, expansion, and/or ownership of industrial facilities
that will be consumers of water and wastewater services and pursuant
to Texas Government Code§551.087 to discuss confidential
commercial or financial information pertaining to the aforesaid
business prospect(s)that the City seeks to have locate, stay or expand
in or near the territory of the City and with which the City may conduct
economic development negotiations and/or deliberate possible
economic development issues concerning said business prospect(s).
This E-Session Item was discussed in executive session.
39. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to prior and
prospective Construction Yard License(s) in public right-of-way with
Realtex Construction and/or Cosmopolitan Corpus, LLC and/or TPEG
Cosmo Completion, LLC and other entities for Mesquite Street,
Lawrence Street, and/or Chaparral Street and pursuant to Texas
Government Code§551.072 to deliberate the exchange, lease, or
value of real property if deliberation in an open meeting would have a
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detrimental effect on the position of the governmental body in
negotiations with a third person, related to publicly owned right-of-way
in and adjacent to the aforementioned streets.
This E-Session Item was discussed in executive session.
S. ADJOURNMENT
The meeting was adjourned at 9:25 p.m.
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