HomeMy WebLinkAboutMinutes City Council - 10/12/2010MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 12, 2010 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Brent Chesney
Council Members: City Staff:
Chris Adler City Manager Angel R. Escobar
Larry Elizondo, Sr. City Attorney Carlos Valdez
Kevin Kieschnick City Secretary Armando Chapa
Priscilla Leal
Nelda Martinez
Mark Scott
ABSENT
John Marez
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Kevin Jennings with Mt. Olive Lutheran Church and
the Pledge of Allegiance to the United States flag was led by Council Member Scott.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Adame called for approval of the minutes of the regular Council meeting of September
28, 2010. A motion was made and passed to approve the minutes as presented.
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Mayor Adame referred to Item 2 and the following board appointments were made:
Ethics Commission
Laura Hebert (Reappointed)
Ken Bung (Appointed)
Harry Hallows (Appointed)
Park and Recreation Advisory Committee
Rene Richard Gutierrez (Reappointed)
Huxley Smith (Reappointed)
Ron Woods (Reappointed)
Rick Barrera (Appointed)
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Mayor Adame called for consideration of the consent agenda (Items 3 - 13). There were no
comments from the public. Council members requested that Items 7, 10 and 11 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
3. MOTION NO. 2010-234
Motion approving the purchase of a 4 -channel 800MHZ EDACS radio system and antenna
for the City of Portland to enhance signal penetration for all their Public Safety personnel and
provide interoperable communications, from Dailey & Wells Communications, of San
INDEXED
Minutes — Regular Council Meeting
October 12, 2010 — Page 2
Antonio, Texas based on sole source for a total expenditure of $388,500. Funds are
available through the Public Safety Interoperable Communications Grant which includes a
20% cash match from the City of Portland.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent.
4. RESOLUTION NO. 028794
Resolution authorizing the submission of a grant application in the amount of $99,975 to the
State of Texas, Office of the Governor, Criminal Justice Division for funding available to
address gang issues, funds to be used for overtime and fringe benefits in the Police
Department, and authorizing the City Manager or his designee to apply for, accept, reject,
alter or terminate the grant.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent.
5.a. RESOLUTION NO. 028795
Resolution authorizing the City Manager or his designee to accept a grant of $25,000 from
the Coastal Bend Council of Governments and to execute an interlocal Agreement to
provide recycling and anti -litter education.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent.
5.b. ORDINANCE NO. 028796
Ordinance appropriating a grant of $25,000 from the Coastal Bend Council of Governments
in the No. 1051 Solid Waste Grants Fund to provide recycling and anti -litter education.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott,
voting "Aye"; Marez was absent.
6. RESOLUTION NO. 028797
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with Texas A&M University — Corpus Christi in the amount of
$14,634 for the Brownfields GIS Data Project which is funded by U.S. Environmental
Protection Agency Grants.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent.
8.a. RESOLUTION NO. 028798
Resolution authorizing the City Manager or his designee to accept a grant of $22,500 from
the Texas Department of State Health Services to provide laboratory services for the
analysis of bay water samples and to execute all related documents; and ratifying
acceptance of the grant agreement to begin September 1, 2010.
Minutes — Regular Council Meeting
October 12, 2010 — Page 3
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent.
8.b. ORDINANCE NO. 028799
Ordinance appropriating a grant of $22,500 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide laboratory services for the analysis
of bay water samples.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott,
voting "Aye"; Marez was absent.
9. MOTION NO. 2010-237
Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the
Contract for Professional Services with B. Harman Engineering, LLC of Corpus Christi,
Texas in the amount of $71,701 for a total restated fee of $393,334 for the Oso Water
Reclamation Plant Process Improvements, Belt Filter Press Building Replacement project.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent.
12. ORDINANCE NO. 028800
Amending the Code of Ordinances, Chapter 36, regarding fees established by golf course
operators under lease with the City for operation of City golf courses; providing for penalties;
and providing for publication. (First Reading — 09/28/10)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye";
Marez was absent.
13. ORDINANCE NO. 028801
Authorizing the City Manager, or his designee, to execute a thirty-year lease with Corpus
Christi Developments 1, LLC, with two ten-year options to renew, for approximately 356,320
square feet fronting West Glasson Road (Industrial Park) to construct a distribution facility
and related improvements, in consideration of Corpus Christi Developments 1, LLC, paying
$.09 cents per square foot for unimproved land including an adjustment of 3% every five
years as set out in the lease. (First Reading — 09/14/10)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye";
Marez was absent.
Mayor Adame opened discussion on Item 7 regarding subcontracts for the 78415 Zip Code.
Council Member Leal stated that she had previously requested that a fetter be sent to the governor
to request that a different governmental agency be the steward of the 78415 program funds. Director
of Parks and Recreation Michael Morris said he was not aware of such a letter. Ms. Leal requested
that a letter be sent on her behalf to the state for this request. Assistant City Manager Margie Rose
explained that department directors do not send letters on behalf of council members unless
directed by the entire City Council or the City Manager. Council Member Leal stated that she feels
Minutes — Regular Council Meeting
October 12, 2010 — Page 4
that the funds are not being used to services the people in the 78415 area and that she has
requested that staff provide information on the participants in the program. Mr. Morris explained that
the funding is only provided to 78415 participants and the providers that are not in the 78415 zip
code can only use these funds to services students that are registered in the 78415 program. In
response to Council Member Elizondo, Ms. Rose reported that staff will provide as much information
about participants in the 78415 program as long as it is in compliance with state law.
City Secretary Chapa polled the Council for their votes as follows:
7.a. MOTION NO. 2010-235
Motion authorizing the City Manager or his designee to execute a subcontract with
Communities in Schools, Corpus Christi, Inc., in the amount of $75,000 to provide services
for youth ages 10 to 17 in the 78415 Zip Code.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent.
7.b. MOTION NO. 2010-236
Motion authorizing the City Manager or his designee to execute a subcontract with SERCO
of Texas in the amount of $100,000 to provide services for youth ages 10 to 17 in the 78415
Zip Code.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent.
Mayor Adame opened discussion on Item 10 regarding the Corban Townhomes Looping
Water Main Improvements. Council Member Adler raised several questions regarding work
performed by Bridges Specialties for the removal of the water tank project on Holly Road including
whether Bridges is on the City's suppliers lists or listed on the State of Texas recognized HUD list;
the requirements to get on these lists; and whether the City advertised or issued an request for
proposal on the project. Ms. Adler stated that the City paid Bridges Specialties $2,900 for demolition
of the project and Bridges Specialties removed scrap iron from the Holly Road project worth over
$250,000. Ms. Adler said that the City should have known the value of this tank and requested
answers to her questions. Director of Engineering Services Pete Anaya stated that he would meet
with Council Member Adler to respond to her questions. Council Member Scott requested that the
explanation be provided in the Council packet.
City Secretary Chapa polled the Council for their votes as follows:
10. FAILED
l 1 _
The foregoing motion failed with the following vote: Adame, Leal, Martinez, and Scott, voting
"Aye"; Adler, Chesney, Elizondo, and Kieschnick, voting "No"; Marez was absent.
Mayor Adame opened discussion on Item 11 regarding the acquisition of property for the
Flour Bluff Drive, Phase 1, SPID to Graham Road Street Improvements. City Secretary Chapa
announced that Mayor Adame and Council Member Scott would abstain from the discussion and
Minutes — Regular Council Meeting
October 12, 2010 — Page 5
vote on this item. Council Member Leal asked questions regarding the purchase of property not
being included in the bond description; the cost of the property; whether it was a common practice to
have the owner hire their own appraiser; and the process forthe selecting the title company. Director
of Engineering Services Pete Anaya explained that the bond descriptions are not all inclusive of
every bid project for each item. Manager of Property and Land Acquisition Sonny Garza explained
that the City generally hires the appraiser; however, in this case the Smith family contracted
American Appraisers to appraise their property. Mr. Garza added that the City has used American
Appraisers in the past and has a level of confidence in their work. Chip Urban, Urban Engineering,
reported that the Smith family had hired American Appraisers for the existing Wal-Mart project prior
to the City's involvement in the Flour Bluff project. Mr. Urban added that the appraisal of the property
is valued based on the future land use of the property. Mr. Garza stated that the value of the
property was determined as residential and commercial and the costs include the construction of a
new cattle fence and other improvements to the grazing area for a temporary construction
easement. Mr. Garza explained that the City selects title companies from a rotating list unless the
landowners request to use a specific title company.
In response to Ms. Leal, Mr. Anaya explained that the City considered four alternative routes
for this project. Council Member Chesney spoke regarding the appraisal from the Appraisal District
and the seller's requirement to provide the title insurance.
City Secretary Chapa polled the Council for their votes as follows:
11. MOTION NO. 2010-238
Motion authorizing the City Manager or his designee to execute a Real Estate Sales
Contract with Gregory H. Smith, et al. forthe acquisition of Parcels 1 and 1-TCE in the total
amount of $331,112 for acquisition of fee simple property rights to 7.10 acres of land for
drainage purposes, 3.707 acres for Temporary Construction Easement, new cattle fencing
and other minor improvements, including $3,000 for closing costs, all necessary for the Flour
Bluff Drive, Phase 1, S.P.I.D. to Graham Road Street Improvements, Project #6498, and for
other municipal purposes. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adler, Chesney,
Elizondo, Kieschnick, and Martinez, voting "Aye"; Leal voting "No"; Adame and Scott
abstained; Marez was absent.
* * * * * * * * * * * * *
Mayor Adame announced the executive sessions, which were listed on the agenda as
fol lows:
14. Executive Session under Texas Government Code Section 551.071 regarding the City of
Corpus Christi, Texas vs. Friends of the Coliseum, Cause No. 10-60455-4, in the County
Court at Law Number 4, Nueces County, with possible discussion and action in open
session.
15. Executive session under Texas Government Code Section 551.071 regarding fire collective
bargaining negotiations, with possible discussion and action in open session.
16. Executive session under Texas Government Code Section 551.071 regarding police
collective bargaining negotiations, with possible discussion and action in open session.
Minutes — Regular Council Meeting
October 12, 2010 — Page 6
The Council went into executive session. The Council returned from executive session.
Mayor Adame advised the public that no action would be taken on the executive session items.
* * * * * * * * * * * *
Mayor Adame opened discussion on Item 17 regarding a service agreement with the Corpus
Christi Regional Economic Development Corporation (CCREDC) to manage the City's economic
development program. Assistant City Manager Oscar Martinez explained that during the budget
process, Council approved the consolidation of the City Economic Development Department and the
CCREDC. Mr. Martinez stated that the term of the agreement is from August 1, 2010 through July
31, 2011 with an annual payment from the City in the amount.of $125,000. Mr. Martinez reported
that the CCREDC agrees to provide professional services to manage and oversee the City's
economic development programs. Mr. Martinez added that this agreement is separate from the
existing consulting services agreement with the CCREDC. Mr. Martinez provided a brief overview of
the terms of the agreement and responsibilities.
Council Member Martinez requested a memo on the status of all of the contracts and
agreements approved by the Type A Board.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
17. MOTION NO. 2010-239
Motion authorizing the City Manager or his designee to execute a service agreement with the
Corpus Christi Regional Economic Development Corporation (CCREDC) whereby CCREDC
will manage the City's economic development program for an annual fee of $125,000. The
term of the agreement is August 1, 2010 through July 31, 2011.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent.
Mayor Adame opened discussion on Item 18 regarding the appropriation of $180,496 for
additional personnel, a new wrecker and operational costs for the implementation of enforcement of
no insurance violators. Police Chief Troy Riggs referred to a powerpoint presentation including
statistics on no proof of insurance violators and background; the new impound facility; the proposal
to step up enforcement; implementation of the additional personnel, the new wrecker, and other
operational expenses; and goals to increase compliance. Chief Riggs stressed that this issue is
about law enforcement and not revenues.
The following topics pertaining to this item were discussed: future privatization
considerations; the capacity at the current impound and proposed impound lots; the location of the
new vehicle impound; whether there is a plan in place for scrap vehicles; and enforcement efforts.
Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked
Chief Riggs for stating that this is a law enforcement issue and encouraged the City to be good
stewards of the taxpayer's money. Tony Harwell questioned whether the City is in the business of
auto sales and making money off people that can't afford auto insurance. Mike Staff, 3122 Leopard,
stated that it is a right to drive a vehicle and not a privilege and the privilege requires that drivers
have insurance. Mr. Staff added that this is a fact of law and quality of life and spoke in support of
the project.
Minutes -- Regular Council Meeting
October 12, 2010 — Page 7
City Secretary Chapa polled the Council for their votes as follows:
18. ORDINANCE NO. 028802
Ordinance appropriating $180,496 from anticipated revenues in the No. 1020 General Fund,
changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 by
increasing revenues and expenditures by $180,496 each in the General Fund No. 1020 for
additional personnel, a new wrecker, and operational costs to hold six more auctions in FY
2011.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott,
voting "Aye"; Marez was absent.
Mayor Adame opened discussion on Item 19 regarding the 2010 Property Tax Levy. Interim
Director of Financial Services Constance Sanchez explained that this item is the formal approval of
the property tax levy and the last step in complying with the Truth and Taxation requirements. Ms.
Sanchez provided a brief background and stated that the property tax levy is $640,000 less than last
year.
Ms. Martinez made a motion to approve the 2010 property tax levy. The motion was
seconded by Mr. Kieschnick.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
19. MOTION NO. 2010-240
Motion approving the 2010 Property Tax Levy of $79,413,745.40 based on the adopted
property tax rate of $0.582269 per $100 valuation, in accordance with Section 26.09(e) of
the Texas Property Tax Code.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Kieschnick, Martinez, and Scott, voting "Aye", Chesney, Elizondo, and Leal, voting "No";
Marez was absent. (Note: Adler and Scott were originally absent from the vote, and there
was a concurrent vote of the Council to accept their votes of "Aye".)
Mayor Adame opened discussion on Item 20 regarding the Cefe Valenzuela Landfill Sector
1A Liner and Leachate Collection System. Director of Engineering Services Pete Anaya referred to a
powerpoint presentation including a background; project scope; the project schedule; and budget.
Frank Pugsley with Chiang, Patel & Yerby, Inc. was available to respond to questions.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
20.a. MOTION NO. 2010-241
Motion authorizing the City Manager or his designee to execute a construction contract with
Frisco Construction Services, Inc. of Frisco, Texas in an amount of $2,714,958.50 for the
Cefe Valenzuela Landfill Sector 1A Liner and Leachate Collection System.
Minutes — Regular Council Meeting
October 12, 2010 — Page 8
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Kieschnick, Leal, and Martinez, voting "Aye"; Elizondo, Marez, and Scott, were
absent.
20.b. MOTION NO. 2010-242
Motion authorizing the City Manager or his designee to execute a contract for engineering
materials testing services with Kleinfelder, Inc. of Corpus Christi, Texas, in the amount of
$324,475 for construction of Cefe F. Valenzuela Landfill Sector 1A Liner & Leachate
Collection System.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Kieschnick, Leal, and Martinez, voting "Aye"; Elizondo, Marez, and Scott, were
absent.
Mayor Adame opened discussion on Item 21 regarding the Oso Effluent Re -Use Distribution
System Phase 1 project and the Water Re -Use Master Plan (City Wide) project. Director of
Engineering Services Pete Anaya referred to a powerpoint presentation including the background;
project scope; project limits; schedule; and costs. Chip Urban with Urban Engineering was available
to respond to questions.
The following topics pertaining to this item were discussed: the schedule for the rate study
for effluent and when the Council will deliberate the rate; if Phase 1 extends to Kings Crossing;
whether this project was part of the short term CIP; the cost to provide effluent water to the golf
courses; the cost associated with Phase 2; and consideration for future users of the fine.
Council Member Martinez expressed concern regarding the costs for the infrastructure and
there not being a rate plan. There was a consensus of the Council to direct staff to develop a rate
plan as soon as possible.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
21.a. MOTION NO. 2010-243
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Urban Engineering, Inc. of Corpus Christi, Texas in the amount of $463,200
for design, bidding, and construction phase services and additional services for the Oso
Effluent Re -Use Distribution System Phase 1 Project. (Wastewater CIP FY 2010)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leaf, Martinez, and Scott, voting "Aye"; Marez was absent.
21.b. MOTION NO. 2010-244
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Urban Engineering, Inc. of Corpus Christi, Texas in the amount of $253,000
for the Water Re -Use Master Plan (City Wide) Project. (Wastewater CIP FY 2010)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent.
Minutes — Regular Council Meeting
October 12, 2010 — Page 9
MayorAdame opened discussion on Item 22 regarding a request for an additional 1$0 -day
extension of a Special Permit for Case No. 0309-01, Ross and Judith Sisson. Assistant City
Manager Johnny Perales introduced Senior Planner Miguel Saldana with Development Services. Mr.
Saldana referred to a powerpoint presentation including a 2009 aerial photograph; ownership map;
the existing land use map; additional views of the subject property; the future land use map;
department comments; the planning department and animal control department findings; and staff's
recommendation to not grant an additional extension of the Special Permit. Judith Sisson, applicant,
and Tony Hartwell, Public Relations Director of the Coastal Bend Small Breed Animal Rescue, were
available to respond to questions. City Staff members Annette Rodriguez, Director of Health; Kelli
Copeland, Animal Care Services Manager, and Manuel Garcia, Septic Inspector, were also
available to respond to questions.
Mr. Hartwell stated that the previous special permit should have been extended for a full year
due to the hurricane season approaching and bad weather conditions. Mr. Hartwell added that
because of recent rain events, there is still standing water on the property which will not allow for the
installation of the aerobic septic tank. Mr. Hartwell explained that the pictures presented by staff
refer to a driveway that is not on the rescue site; a bus that is not on the property; and the horses
are personal property of the applicant. Mr. Hartwell presented a packet of the materials purchased to
verify that the applicant is trying to comply with the special permit conditions.
MayorAdame called for comments from the audience. Jan Shipman West spoke in support
of the Council granting the special permit. Ms. West stated that the Coastal Bend Small Breed
Animal Rescue is doing an excellent job. LaDonna Hurst, board member of the Coastal Bend Small
Breed Animal Rescue, spoke regarding the benefits of the rescue and encouraged support for the
extension. Carolyn Moon, 4902 Calvin, spoke regarding abandoned animals and stated that the City
needs more people rescuing animals. An unidentified man stated that he has donated money to the
rescue to complete the project and hopes that the Council considers the extension.
The following topics pertaining to this item were discussed: the current status of construction
and the septic tank; the animal care; drainage on the property; whether the applicant is in violation
on the number of animals; and the number of conditions required to complete compliance;
City Attorney Valdez announced that he was notified that there is a judgment pending
against the applicant that may prohibit the applicant from conducting this business and requested
additional time to review this matter.
Mr. Kieschnick made a motion to table this item for one week. The motion was seconded by
Mr. Chesney.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent.
22. TABLED TO OCTOBER 19, 2010
- - -•
Minutes — Regular Council Meeting
October 12, 2010 — Page 10
Mayor Adame called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke
regarding the need to update the sign ordinance and the smart growth ordinance on infill
development. Joan Veith, 5701 Cain Drive, asked the Council to consider a No -Wake Zone
ordinance for neighborhoods during large rain events when there is high water.
* * * * * * * * * * * * *
Mayor Adame opened discussion on Item 22.1. regarding a service agreement with BFI
Waste Services of Texas, LP, for the collection, processing, and marketing of residential recyclable
commodities. City Secretary Chapa announced that Council Member Chesney would abstain from
discussion and vote on this item. Assistant City Manager Oscar Martinez referred to a powerpoint
presentation including a history; 2011 budget; the current recycling program; the request for
proposal process; the proposal review process; the selection of BFI Waste Services; BFI processing
facility plans; BFI contract summary; drop off centers; recycling education; and staff's
recommendation. Robert Bradley and Brad Duges, BFI Waste Services of Texas, LP, were available
to respond to questions.
Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames,
expressed concern that the data was manipulated by staff and stated that the taxpayers do not
support recycling at this time. Carrie Robertson, 4401 Gulfbreeze Boulevard, stated that recycling is
good for the environment and will bring the City into the 21St century. Rick Carpenter, Dolphin
Recycling, stated that single stream recycling is the way to go. Mr. Carpenter also spoke regarding
the components of his proposal to the City.
The following topics pertaining to this item were discussed: how the average of 700 tons per
month was determined; the current tonnage per month that is collected; modeling the program
parameters similar to other cities; the break even number; liability to the City if the tonnage collected
is lower than 700 tons; the guaranteed process fee of $60; the floor commodity of $85.00; the
education program; the fee structure for residents; termination language in the contract; the
recycling incentive program; the drop off centers; consideration of glass; the annual payment to BFI;
concern that the ratepayer will be exposed if there is a loss; the consumer price index; consideration
to add language to Item 3(c) requiring that final approval of the review of fees be brought to the
Council; engaging the arts and cultural programs in the marketing; the reason the scoring of the cost
revenue share for Dolphin Recycling was so low and the difference in qualifications; the floor and
ceiling on rebates; the length of the contract; and whether fuel costs or technology cost would
impact the contract.
Council Member Scott stated that he was uncomfortable voting today because of the issue
regarding the floor and ceiling on rebates and the liability to the city. Mr. Scott asked staff to go back
and have a conversation with BFI regarding that issue. Mr. Scott also expressed concern regarding
the projected participation. Brad Duges, BFI, stated that there is a history that shows that the City is
going to embrace recycling. Mr. Duges spoke regarding the agreement on the floor and ceiling and
reminded the Council that the proposal included the commitment of $4.3 million for plant
improvements. Council Member Martinez asked whether there were any considerations to delaying
the vote on this issue for one week. Mr. Duges explained that BFI would not support a delay of the
decision because they are committing to the improvements to the facility and during the construction
have agreed to transport the recycling to an alternative processing facility at no cost to the City.
Mayor Adame called for a recess on this item and opened discussion on Item 22.2.
regarding the recycling incentive program contract. Assistant City Manager Oscar Martinez referred
to a powerpoint presentation including the RecycleBank concept and agreement with
RecycleRewards Inc; how the RecycleBank program works; statistics showing other cities averages
on recycling before and after RecycleBank; the local economic development and environmental
Minutes — Regular Council Meeting
October 12, 2010 — Page 11
savings; average pounds collected per set -out; and the contract summary. Scott, Lamb, Chief
Operating Officer for RecycleRewards, was available to respond to questions.
The following topics pertaining to this item were discussed: the costs to residents; whether
rewards can be used for utility payments; how the program works; and whether there are other cities
that have rewards to benefit the arts programs.
Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, asked
the Council to delay to approval of item.
City Secretary Chapa polled the Council for their votes as follows:
22.1. MOTION NO. 2010-245
Motion approving a service agreement with BFI Waste Services of Texas, LP, of Corpus
Christi, Texas for the Collection, Processing, and Marketing of Residential Recyclable
Commodities, based on best value, in accordance with Request for Proposal No. BI -0168-
10. The term of the contract shall be for ten (10) years with options to extend the agreement
for up to three additional five-year periods.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Martinez, and Scott, voting "Aye"; Leal voting "No"; Chesney
abstained; Marez was absent.
22.2. MOTION NO. 2010-246
Motion authorizing the City Manager or his designee to execute an agreement with
RecycleRewards, Inc. to offer an incentive based recycling program to City residents for a
term of five years, subject to execution of the agreement by RecycleRewards, Inc.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Martinez, and Scott, voting "Aye"; Leal voting "No"; Chesney
abstained; Marez was absent.
*************
Mayor Adame announced that Item 23 regarding the City's Americans with Disabilities Act
(ADA) Title II Transition Plan and Non - Discrimination Ordinance FY2009-2010 Annual Update was
pulled by staff.
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 6:15 p.m. on October 12, 2010.
* * * * * * * * * * * * *
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 October 12, 2010, which were approved by the City
Council on October 19, 2010.
WITNESSETH MY HAND AND SEAL, on this the 19th day of October, 2010.
Armando Chapa
City Secretary
SEAL