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Meeting Agenda - Final OCT 2 6 2018 1143
City Council
, City Secretary
Tuesday,October 30,2018 11:30 AM 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 12:00 P.M. 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.
Si Usted desea dirigirse al Concilio y cree que su ingles es limitado,habra un interprete
ingles-espanol en todas las juntas del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact the City Secretary's office(at 361-826-3105)at least
48 hours in advance so that appropriate arrangements can be made.
A. Mayor Joe McComb to call the meeting to order.
B. Invocation to be given by Deacon Jesse Hinojosa, Diocese of Corpus Christi.
C. Pledge of Allegiance to the Flag of the United States to be led by Aly Berlanga,
Executive Assistant, City Secretary's Office.
D. City Secretary Rebecca L. Huerta to call the roll of the req ired Charter Officers.
E. Proclamations/Commendations
1. 18-1366 Proclamation declaring October 10, 2018, "Real Men Wear Pink Day".
Proclamation declaring November 11, 2018, "The 143rd Year Anniversary
of St. John Baptist Church".
F. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
a. UTILITY BILLING UPDATE
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City Council Meeting Agenda-Final October 30,2018
b. STRATEGIC FUTURE ISSUES
c. OTHER
G. MINUTES:
2. 18-1358 Regular Meeting of October 23, 2018 and Workshop Meeting of October
15, 2018.
H. BOARD &COMMITTEE APPOINTMENTS: (NONE)
I. 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 two reading ordinance;or may modify the action
specified. A motion to reconsider may be made at this meeting of a vote at the last
regular, or a subsequent special meeting;such agendas are incorporated herein for
reconsideration and action on any reconsidered item.
J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 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. If you choose to speak during this
public comment period regarding an item on the agenda, you may do so.You
will not be allowed to speak again, however, when the Council is considering the
item. Citizen comments are 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.All items on this agenda are considered public
hearings.
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City Council Meeting Agenda-Final October 30,2018
PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY
COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH.
THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING:
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 IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
K. CONSENT AGENDA: (ITEMS 3-8)
NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and
ordinances of a routine or administrative 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.
3. 18-1207 Master Services Agreement for Subsurface Utility Engineering
(SUE)Services (Capital Improvement Project) (Requires 2/3 Vote)
Motion to authorize execution of a Master Services Agreement with Cobb,
2 018 2 lJ n 7 Fendley&Associates, Inc., of Corpus Christi, Texas for a period of 1 year
in the amount of$300,000 with one optional 1-year renewal to be
administratively awarded for a total contract cost of$600,000 for
Subsurface Utility Engineering (SUE) Services project.
Sponsors: Engineering Services and Water Utilities
4. 18-1268 Professional Services Contract Amendment No. 1 for Seawall
Capital Repairs (CIP -Type A) (Requires 2/3 Vote)
Motion to authorize execution of Amendment No. 1 to a professional
services contract with Munoz Engineering of Corpus Christi, Texas in the
2 0 f 8 2 ® 8 amount of$91,213 for a total restated fee of$108,493 for the Seawall
Capital Repairs project.
Sponsors: Engineering Services, Parks and Recreation Department and Municipal
Marina
5. 18-1255 Purchase of Uniforms for the Gas Department(Requires 2/3 Vote)
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City Council Meeting Agenda-Final October 30,2018
2 0p Motion authorizing the purchase of uniforms for the Gas Department with
8 2 0 9 Cintas Corporation from Corpus Christi, Texas, via U.S. Communities
cooperative, for a total amount not to exceed $122,795.50.
Sponsors: Gas Department and Purchasing Division
6. 18-1296 Second Reading Ordinance-Rezoning fora Property located at or
near 15621 and 15625 South Padre Island Drive(Requires 2/3 Vote)
(1st Reading 10/23/18)
Case No. 0918-02 Rakesh Patel: Request for rezoning property at or near
15621 and 15625 South Padre Island Drive from "CR-2/10" Resort
Commercial District with the Island Overlay to the"IL" Light Industrial
District.
Planning Commission and Staff Recommendation (September 19, 2018):
Denial of the change of zoning from the"CR-2/IO" Resort Commercial
District with the Island Overlay to the "IL" Light Industrial District, in lieu
thereof:
Ordinance rezoning property at or near 15621 and 15625 South Padre
031583 Island Drive from "CR-2/IO" Resort Commercial District with the Island
Overlay to the"CR-2/10/SP" Resort Commercial District with the Island
Overlay and a Special Permit.
Sponsors: Development Services
7. 18-1294 Second Reading Ordinance-Amending City Code for Water Master
Plan Amendment-South of Oso Creek(1st Reading 10/23/18)
Ordinance amending the City of Corpus Christi Comprehensive Plan by
031584 amending the City's Water Distribution System Master Water Plan South
of Oso Creek.
Sponsors:Water Utilities
8. 18-1292 Second Reading Ordinance-Accepting and appropriating the 2018
Edward Byrne Memorial Justice Assistance Grant(JAG) Program
grant(Requires 2/3 Vote) (1st Reading 10/23/18)
Ordinance authorizing acceptance of grant from U. S. Department of
Justice, Bureau of Justice Assistance, in amount of$178,821 for FY 2018
031585 Edward Byrne Memorial Justice Assistance Grant Program; and
appropriating $178,821 in Police Grants Fund to fund enhancement of law
enforcement efforts with $82,042 of funds distributed to Nueces County
and $14,736 of funds distributed to City of Robstown.
Sponsors: Police Department
L. RECESS FOR LUNCH
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City Council Meeting Agenda-Final October 30,2018
The City Council will take a lunch break at approximately 1:30 p.m.
M. PUBLIC HEARINGS: (ITEM 9)
9. 18-1333 Public Hearing and First Reading Ordinance-Alley Right-of-Way
and Easement Closure located between Morgan Avenue and
Elizabeth Street and between Ocean Drive and Third Street
Ordinance closing, abandoning and vacating two public alleys totaling
5,767 square feet located between Morgan Avenue and Elizabeth Street
and between Ocean Drive and Third Street, 1,654 square feet of an
existing 5-foot wide drainage easement, and partial closure, abandonment
and vacation of 10,618 square feet of an existing 30-foot wide utility and
drainage easement dedicated by separate instrument and shown on the
Plat of Ocean View Addition Volume 1, Page 11 and Volume 62, Page
130 and 131 Deed and Map Records of Nueces County, located at 600
Elizabeth Street; and requiring the Owner, Christus Spohn Health System
Corporation, to comply with specified conditions.
Sponsors: Development Services
N. REGULAR AGENDA: (ITEMS 10- 12)
The following items are motions, resolutions and ordinances that will be considered and
voted on individually.
10. 18-1356 Service Agreement for On-Call Cabling Services and Related
Products (Requires 2/3 Vote)
Motion authorizing a one-year service agreement to provide cabling
2 O 1 p 8 2 1 0
services and related products with Network Cabling Services, Inc., of
Houston, Texas for a not to exceed amount of$150,000, with two one-year
options for a total potential not to exceed amount of$450,000 through the
State DIR cooperative.
Sponsors: Information Technology Services and Purchasing Division
11. 18-1374 Second Reading Ordinance-Corpus Christi International Airport
Taxiway K Settlement and Release Agreement(requires 2/3 Vote)
Ordinance authorizing the City Manager to execute a settlement and
release agreement with FDL-CC, L.L.C., Harvey Cleary Builders and
Spawglass Civil Construction, Inc. related to the fire suppression foam spill
0 315 8 6 on the city's Taxiway K Project; amending the FY 2019 Operating Budget;
and appropriating certain funds into Airport Fund No. 4610; and authorizing
a payment of$312,500 to Spawglass Civil Construction, Inc. as provided
in the settlement and release agreement.
Sponsors:Aviation Department
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City Council Meeting Agenda-Final October 30,2018
12. 18-1373 Purchase of Playground Equipment(Requires 2/3 Vote)
Motion authorizing the purchase of playground equipment from GameTime
by Total Recreation Products, Inc. of Cypress, Texas via U.S. Communities
1 0 8 2 1 1 Cooperative for a total amount not to exceed $400,442.25.
Sponsors: Parks and Recreation Department and Purchasing Division
O. FIRST READING ORDINANCES: (ITEM 13)
13. 18-1332 First Reading Ordinance-Ordinance authorizing a License
Agreement with Christus Spohn Health System Corporation to
cross Elizabeth Street with private utilities (Requires 2/3 Vote)
• Ordinance authorizing a License Agreement with Christus Spohn Health
System Corporation, A Texas Non-Profit Corporation, to cross Elizabeth
CL
C, Street with private utilities.
Sponsors: Development Services
P. FUTURE AGENDA ITEMS: (ITEMS 14-19)
The following items are for Council's informational purposes only. No action will be taken
and no public comment will be solicited.
14. 18-1320 Resolution ratifying grant application submission for the
Emergency Operations Center and Transportation Managment
Center Assessment project
Resolution ratifying submission of a grant application for$37,573.61 to the
Office of the Governor for the Emergency Operations Center and
Transportation Management Center Assessment project; and authorizing
acceptance, rejection, alteration, or termination of grant.
Sponsors: Fire Department
15. 18-1302 Supply Agreement for Medications for Emergency Medical Services
(EMS)(Requires 2/3 Vote)
Motion authorizing a one-year supply agreement for the purchase of EMS
Medications with Life-Assist, Inc. of Rancho Cordova, California for a total
amount of$146,964.04 with two one-year options for a total potential
multi-year amount of$440,892.12.
Sponsors: Fire Department and Purchasing Division
16. 18-1267 Professional Services Contract Amendment No. 2 for North Padre
Island Beach Access Roads Project(Bond 2014, Proposition 2)
(Requires 2/3 Vote)
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City Council Meeting Agenda-Final October 30,2018
Motion to authorize execution of Amendment No. 2 to a professional
services contract with Govind Development, LLC. of Corpus Christi, Texas
in the amount of$59,350 for a total restated fee of$149,435 for the North
Padre Island Beach Access Roads project (Bond 2014, Proposition 2).
Sponsors: Street Department and Engineering Services
17. 18-1293 Professional Services Contract Amendment No. 1 for Greenwood
Wastewater Treatment Plant Flood Mitigation (Capital Improvement
Program) (Requires 2/3 Vote)
Motion to authorize execution of Amendment No. 1 to a contract for
professional services with Alan Plummer Associates, Inc. of Corpus
Christi, Texas in the amount of$339,895 for a total restated fee of
$389,595 for the Greenwood Wastewater Treatment Plant Flood Mitigation
project.
Sponsors: Engineering Services and Water Utilities
18. 18-1301 Construction Contract Change Order No. 1 for Oso Water
Reclamation Plant Headworks and Lift Station (Capital Improvement
Project) (Requires 2/3 Vote)
Motion to authorize execution of Change Order No. 1 with CSA
Construction Inc., of Houston, TX in the amount of$381,427 for a total
restated fee of$23,246,967 for the Oso Water Reclamation Plant
Headworks and Lift Station project.
Sponsors: Engineering Services and Water Utilities Department
19. 18-1290 Service Agreement for Motor and Clutch Repairs for Wastewater
Treatment Plants (Requires 2/3 Vote)
Motion authorizing a one-year service agreement for motor and clutch
repairs with Massengale Armature Works Inc. from San Antonio, Texas for
a total not to exceed amount of$146,350.00.
Sponsors:Water Utilities and Purchasing Division
Q. BRIEFINGS: (NONE)
Briefing information will be provided to the City Council during the Council meeting.
Briefings are for Council information only. Council may give direction to the City Manager,
but no other action will be taken and no public comment will be solicited. The City
Manager or City Council Liaison for any city board, commission, committee or
corporation(including Type A or B Corporation)may report on the action(s)or
discussion(s)of any such body's public meeting that occurred within one month prior to
this City Council meeting.
R. EXECUTIVE SESSION: (ITEMS 20-23)
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City Council Meeting Agenda-Final October 30,2018
PUBLIC NOTICE is given that the City Council may elect to go into executive session at
any time during the meeting in order to discuss any matters listed on the agenda, when
authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas
Government Code, and that the City Council specifically expects to go into executive
session on the following matters. If the Council elects to go into 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 officer. The City
Council may deliberate and take action in open session on any issue that may be
discussed in executive session. The description of an item in"Executive Sessions"
constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas
Government Code and his determination that said item may be legally discussed in
Closed Meeting in compliance with Chapter 551 the Texas Government Code.
20. 18-1367 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 the City's contracts
related to waste management, handling, and disposal and state and
.2 0 t n 2 1 2 federal regulations related to the disposal of solid waste and/or recycling,
1 t3 including but not limited to, the City's contracts with Republic Services, BFI
Waste Services of North America, Inc. and BFI Waste Systems of Texas,
LP. and related entities, force majeure provisions in contracts involving the
aforesaid companies and or services, calculation of rates therein, and
provisions related to termination thereof, including, but not limited to, the
Cit' 'mO+l qYP potential later authorization in open session of settlement agreements
related to claims by and against some of the aforesaid entities.
21. 18-1371 Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult
with attorneys concerning claims, pending litigation, potential settlement,
2 018 2 1 3 attorney's fees, and/or other potential legal matters regarding lawsuits of
1 Ray Rosas, Virginia Rosas, Individually and on Behalf of Brenda Rosas,
Isabel Rocha Andjose Maria Pena, vs. The City of Corpus Christi, Andy
Trevino, Justin Sanders, Adam Villarreal, Ross Murray, Heriberto
Lie ,M rY\ VM" Martinez, Michael Landino, Roger Arevalo, Yezenia Banuelos and other
lawsuits and claims against the City and the City's officers and employees.
22. 18-1387 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 statutes, City Charter
provisions, ordinances and other matters relates to the structure and
activities of the Corpus Christi Municipal Court and duties of the judge(s)
and clerk(s) thereof and Texas Government Code§ 551.074(Personnel
Matters) to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the Presiding Judge and
other judges and the clerk of the Corpus Christi Municipal Court.
23. 18-1388 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 the Texas Utilities Code,
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City Council Meeting Agenda-Final October 30,2018
utility billing regulations, policies, and practices, the regulation of and
charges associated with biochemical oxygen demand, total suspended
solids, and other wastewater components, and other matters related to the
provision of water services, including, but not limited to, issues related to
Kane Beef, and agreements related to the aforementioned matters.
S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
Per Council Policies,an item may be added to the agenda by four members of the City
Council. Council may give direction to the City Manager to add an item to a future
agenda, but no other action will be taken, and no public comment solicited.
T. ADJOURNMENT
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20. M2018-212
Motion to authorize the City Manager or representative to execute a Mutual Settlement Agreement and
Release between the City and Cefe Landfill TX, LP f/k/a BFI Elliott Landfill TX, LP;GFI Waste Systems of
Texas, LP n/k/a Blue Ridge Landfill TX, LP; BFI Waste Services of Texas, LP d/b/a Allied Waste Services of
Corpus Christi and/or Republic Services of Corpus Christi (collectively described as"Republic")to release
claims by the City against Republic for alleged shortfalls in tonnage under the Waste Disposal Agreement
during contract years 2016-2017 and 2017-2018 in exchange for a release of claims by Republic against
the City for alleged breaches of the Landfill Services Agreement occurring on or before October 1, 2018
and settling other miscellaneous issues therein.
21. M2018-213
Motion to authorize the City Manager or his designees to execute amendments to the Professional
Services Agreement with Canales&Simonson for the defense of the lawsuit of Ray Rosas, Virginia
Rosas, Individually and on Behalf of Brenda Rosas, Isabel Rocha AndjoseMaria Pena, vs. The City of
Corpus Christi,Andy Trevino,Justin Sanders,Adam Villarreal, Ross Murray, Heriberto Martinez,
Michael Landino, Roger Arevalo, Yezenia Banuelos,and as said heading is amended,to increase the
amount payable to said firm pursuant to the agreement by an additional$100,000 and authorizing
transfer of authorized amounts to contracts with other entities contracted to provide services on this
case.
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
October 30, 2018
CONSENT AGENDA:
Item Number
J. McComb
R. Garza
P. Guajardo
M. Hunter ✓
D. Lindsey-Opel
B. Molina ✓
E. Roy
L. Rubio
G. Smith ✓
Passed/Failed
Page I of .�
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
October 30, 2018
Item Number _ 2,i t5 'Z 1
J. McComb / ✓ V ,/
R. Garza ' ✓ ,/ X k
v
P. Guajardo I v
M. Hunter ✓ ‘-1✓
,
D. Lindsey-Opel / � �V/ /
f ,/
B. Molina Aje / ✓
E. Roy ✓ 4 ,/
L. Rubio ` ‘7 /,
G. Smith
Passed/Failed i 1 i -
a
Page -2- of