HomeMy WebLinkAboutMinutes City Council - 07/30/2013 c'
• CITY OF CORPUS CHRIS'T`I
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 July 30,
2013, which were approved by the City Council on August 20, 2013.
WITNESSETH MY HAND and SEAL, on the 20th day of August, 2013.
Armando Chapa
City Secretary
(SEAL)
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Corpus Christi 1201 Leopard Street
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Meeting Minutes
City Council
Tuesday,July 30,2013 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.
A. Mayor Nelda Martinez to call the meeting to order.
Mayor Martinez called the meeting to order at 11:30 a.m.
B. Invocation to be given by Jeanne Gardiner, Unity by the Sea Church
The invocation was delivered by Ms.Gardiner.
C. Pledge of Allegiance to the Flag of the United States.
The Pledge of Allegiance was led by Ms.Reba George,Parks and Recreation
Department.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
City Secretary Chapa verified that the necessary quorum of the Council and the
required Charter Officers were present to conduct the meeting.
Charter Officers: City Manager Ron Olson,City Attomey Carlos Valdez,and
City Secretary Armando Chapa.
Present: 9- Council Member Kelley Allen„Council Member Priscilla Leal,Councit
Member David Loeb„Mayor Nelda Martinez,Council Member Mark
Scott,Council Member Chad Magill,Council Member Colleen
McIntyre,Council Member Lillian Riojas,and Council Member Rudy Garza
E. Proclamations!Commendations
1. Proclamation declaring August 2013 as"National Immunization
Awareness Month”
This Proclamation was presented by Mayor Martinez.
Mayor Martinez also presented a proclamation declaring July 30,2013 as
"Bemard'Bemie'Paulson Day”
I. MINUTES:
3. Approval of Regular Meeting of July 16, 2013 and Regular Meeting of
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July 23, 2013
A motion was made by Council Member Kelley Allen,seconded by Council
Member Chad Magill,that the Minutes be passed.The motion carried by an
unanimous vote.
Aye: 9- Council Member Allen,Council Member Leal, Council Member Loeb„
Mayor Martinez,Council Member Scott,Council Member Magill,Council!
Member McIntyre,Council Member Riojas and Council Member Garza
Abstained: 0
J. BOARDS &COMMITTEE APPOINTMENTS: (NONE)
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 4-24)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda(Items 4-24). She said Items
15 and 16 would be considered after Item 26,approval of the operating budget.
Council Members had questions regarding Items 6,9.12,and 22. There were
no comments from the public. The items were approved by one vote as
follows:
Aye: 9- Council Member Allen,Council Member Leal,Council Member Loeb„
Mayor Martinez,Council Member Scott,Council Member Magill,Council
Member McIntyre,Council Member Riojas and Council Member Garza
Abstained: 0
4. Service Agreement for custodial services at Police Department
Motion approving a service agreement with ABM Janitorial Services -
South Central Inc., San Antonio, Texas for custodial service for the
main police building in accordance with Bid Invitation No. BI-0161-13
based on low responsible bid for an estimated annual expenditure of
$85,500. The term of the contract will be for twelve months with an
option to extend for up to two additional twelve-month periods subject
to the approval of the supplier and the City Manager or designee.
Funds have been budgeted by the Police Department in FY
2012-2013 and will be requested during the normal FY 2013-2014
budget approval process.
This Motion was passed on the Consent Agenda.
Enactment No M2013-117
5. Purchase of Law Enforcement Firearms &Accessories
Motion approving the purchase of firearms and accessories from
Smith &Wesson Corporation, Springfield, Massachusetts, based on
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City Council Meeting Minutes July 30,2013
sole source, in the amount of$91,395. Funds are budgeted in the
Police and Fire departments' FY 2012-2013 budgets.
Council members asked for clarification that the fire marshals carry weapons.
This Motion was passed on the Consent Agenda.
Enactment No:M2013-118
6. Purchase of six vehicles for Fire Department use
Motion approving the purchase of four(4) Chevrolet Tahoes and two
(2) Ford Explorers from Caldwell Country ChevroletlFord, Caldwell,
Texas for a total amount of$152,222. The award is based on the
cooperative purchasing agreement with the Texas Local Government
Purchasing Cooperative (TLGPC) and the State of Texas Cooperative
Purchasing Program. Funding is available in the FY 2012-2013 of the
Fire Department Fund.
This Motion was passed on the Consent Agenda.
Enactment No M2013-119
7. Purchase and Installation of Fire Alarm Systems for Senior
Centers
Motion approving the purchase and installation of four(4)fire alarm
systems from MCS Fire & Security, Corpus Christi, Texas in
accordance with the State of Texas Cooperative Purchasing Program
for a total expenditure of$64,958.00. Funds have been budgeted by
the Parks and Recreation Department in FY 2012-2013.
This Motion was passed on the Consent Agenda.
Enactment No,M2013-120
8. Purchase of Water Truck
Motion approving the purchase of one (1) 2,000 gallon Water Truck
from Corpus Christi Freightliner, Corpus Christi, TX for a total amount
of$88,800.00. The award is based on the cooperative purchasing
agreement with the Houston Galveston Area Council. The equipment
will be used by the City's Water Department. This unit is an addition to
the fleet. Funds are available from the Water Department Fund No.
4010.
This Motion was passed on the Consent Agenda.
Enactment No:M2013-121
9. Contingency service agreement for Hurricane/Storm Disaster
Recovery Services
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Motion awarding a contingency service agreement with CrowderGulf,.
LLC, Theodore Alabama, to provide hurricane disaster recovery
operation services, in accordance with Bid Invitation No. BI-0167-13,
based on most advantageous proposal, for an estimated event
expenditure of $62,620,440. The term of the contract will be for five
years.
Council members asked questions regarding the response time for this
company in the event of an emergency. This Motion was passed on the
Consent Agenda.
Enactment No:M2013-122
10. Supply Agreement for Library Books and Recordings
Motion approving supply agreements with the following companies for
the fallowing amounts, for library books and recordings in accordance
with Bid Invitation No. BI-0173-13, for an estimated annual
expenditure of$300,000. Awards are based on lowest responsible bid;
providing for secondary suppliers for Groups I and II. The term of the
contracts will be for twelve months with an option to extend for up to
four additional twelve-month periods subject to the approval of the
suppliers and the City Manager or his designee. Funds have been
budgeted by the Corpus Christi Public Libraries in FY 2012-2013 and
will be requested during the normal FY 2013-2014 budget approval
process.
Primary Secondary
Secondary
Baker&Taylor, Inc;. Brodart Company Ingram
Library Services, Inc-
Charlotte, NC Williamsport, PA La
Verme, TN
Groups: I -VIII Group: I Group: II
Total: $290,000 Total; $5,000 Totah
$5,000
Grand Total: $300,000
This Motion was passed on the Consent Agenda.
Enactment No M2013-123
11. Engineering Design Contract for construction phase services to
support the Minor Street Indefinite Delivery/Indefinite Quantity
(IDIQ) program
Motion authorizing the City Manager,„ or designee, to execute a
Contract for Professional Services with Engineering and Construction
Management Services LLC from Corpus Christi, Texas in the amount
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of$85,600.00, for Indefinite Delivery/Indefinite Quantity Minor Street
improvements Year Two.
This Motion was passed on the ConsentAgenda.
Enactment No:M2013-124
12. Engineering Design Contract Amendment No. 9 for the Mary
Rhodes Pipeline Phase 2
Motion authorizing the City Manager, or designee, to execute
Amendment No. 9 to the Contract for Professional Services with
Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of
$195,664.00, for a total restated fee not to exceed $11,335,503.00 for
Mary Rhodes Pipeline Phase 2.
Council members asked questions about desalination efforts.This Motion was
passed on the ConsentAgenda.
Enactment No:M2013-125
13. Adopting a resolution for the acquisition of real property rights
for the Holly Road Street Improvement Project-Greenwood Dr.to
(SH286) Crosstown Expressway, Bond 2008
A resolution of the City Council of the City of Corpus Christi, Texas (1)
determining the public necessity and public use for the acquisition of
parcels of land by fee simple title to the surface estate, utility
easements, and temporary construction easements for a street
improvement project known as the Holly Road Street Improvement
Project which is to be generally located from Greenwood Dr. to
(SH286) Crosstown Expressway, Bond 2008; (2) authorizing the City
Manager or his designee to negotiate and execute all documents
necessary to acquire the property interests subject to availability of
funds appropriated for such purposes; (3) authorizing the City
Manager to institute condemnation by eminent domain proceedings to
acquire the fee simple and easement interests in the properties; (4)
authorizing payment pursuant to an award by Special Commissioners;
(5) authorizing acceptance and recording of appropriate legal
instruments; and (6) approving condemnation for all units of property
to be acquired by condemnation the parcels of land described herein
by a single record vote of the City Council.
This Resolution was passed on the ConsentAgenda.
Enactment No: 029906
14. Type A Grant for Service Corps of Retired Executives(SCORE)
Chapter 221 for Fiscal Year 2014
Resolution approving a Small Business Incentives Agreement
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between the Corpus Christi Business and Job Development
Corporation and Service Corps of Retired Executives(SCORE)
Chapter 221 to provide grant up to $50,000 to assist small businesses
and authorizing the City Manager, or designee, to execute a Project
Support Agreement with the Corpus Christi Business and Job
Development Corporation to administer the SCORE Chapter 221
Small Business Incentives Agreement.
This Resolution was passed on the ConsentAgenda.
Enactment No:029907
17. Renewal of State and Federal external legislative consultant
contracts
Motion authorizing the City Manager to execute one year renewal
agreements for governmental relation services with Focused Advocacy
for stategovernmental relations services for$76,000 per year plus
reasonable expenses and with Meyers &Associates for federal
governmental relations services for$72,000 per year plus reasonable
expenses.
This Motion was passed on the Consent Agenda.
Enactment No:M2013-128
18. Second Reading Ordinance-Rezoning from the"RS-4.5"
Single-Family 4.5 District to the"RS-4.51PUD" Single-Family 4.5
District with a Planned Unit Development Overlay, on property
located east of Rancho Vista Boulevard East(1st Reading
7123113)
Case No. 0613-01 Yorktown Oso Joint Venture: A change of zoning
from the"RS-4.5"Single-Family 4.5 District to the"RS-4.51PUD"
Single-Family 4.5 District with a Planned Unit Development Overlay,
not resulting in a change to the Future Land Use Plan. The property to
be rezoned is described as being a 5.74-acre tract of land out of Lots
19, 20, 29, and 30, Section 25, Flour Bluff and Encinal Farm and
Garden Tracts, located east of Rancho Vista Boulevard East, between
Stampede Drive and Vaquero Drive. The rezoning also includes the
associated PUD plat.
Planning Commission and Staff Recommendation June 19 2012L.,
Approval of the change of zoning from the"RS-4.5" Single-Family 4,5
District to the"RS-4.5/PUD" Single-Family 4.5 District with a Planned
Unit Development Overlay, subject to six conditions.
Ordinance
Ordinance amending the Unified Development Code ("UDC') upon
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application by Yorktown Oso Joint Venture ("Owner"), by changing the
UDC Zoning Map in reference to a 5:74-acre tract of land out of Lots
19, 20, 29, and 30, Section 25, Flour Bluff and Encinal Farm and
Garden Tracts, from the "'RS-4m5" Single-Family 4.5 District to the
"RS-4.5IPUD"Single-Family 4.5 District with a Planned Unit
Development Overlay; amending the Comprehensive Plan to account
for any deviations; and providing for a repealer clause and publication.
This Ordinance was passed on second reading on the ConsentAgenda.
Enactment No 029908
19. Second Reading Ordinance-Rezoning from the"FR" Farm Rural
District to the"RS-4.5" Single-Family 4.5 District, on property
located at 7401 and 7555 Holly Road (1st Reading 7/23113)
Case No. 0613-02 Southside Ventures, L.P.; A change of zoning from
the"FR" Farm Rural District to the"RS-4,5" Single-Family 4.5 District,.,
not resulting in a change to the Future Land Use Plan. The porperty to
be rezoned is described as Lots 3, 4, and 5. Section 27, Flour Bluff
and Encinal Farm and Garden Tracts, located along the south side of
Holly Road, approximately 1,;160 feet east of Rodd Field Road.
Planning Commission and Staff Recommendation June 19 2012L.
Approval of the change of zoning from the"FR" Farm Rural District to
the"RS-4.5"Single-Family 4.5 District.
Ordinance
Ordinance amending the Unified Development Code ("UDC') upon
application by Southside Ventures, L.P., acting as agent on behalf of
Palm Land Investments, Inc. ("Owner"), by changing the UDC Zoning
Map in reference to Lots 3, 4, and 5, Section 27, Flour Bluff and
Encinal Farm and Garden Tracts, from the"FR" Farm Rural District to
the"RS-4.5"Single-Family 4.5 District; amending the Comprehensive
Plan to account for any deviations; and providing for a repealer clause
and publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No' 029909
20. Second Reading Ordinance-Accepting and appropriating
Federal grant to combat drug trafficking (1st Reading 7123113)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant modification award in the
amount of$71,837 from the Executive Office of the President, Office
of National Drug Control Policy, to support the Police Department's
role in the Texas Coastal Corridor Initiative in the Houston High
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Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a
full-time program coordinator, one administrative assistant, overtime
for 4 Carpus Christi Police Officers, and 4 lease vehicles; and
appropriating the$71,837 in the No. 1061 Police Grants Fund,
This Ordinance was passed on second reading on the ConsentAgenda.
Enactment Na 029910
21. Second Reading Ordinance-Appropriating funds from the sale of
police handguns to police officers (1st Reading 7123113)
Ordinance appropriating $87,526 in the General Fund No 1020 from
the sale of Police handguns; and Amending the FY 2012-2013
Operating Budget adopted by Ordinance No. 029577 to increase
revenue and expenditures in the General Fund No 1020 by$87,526
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 029911
22. Second Reading Ordinance-Appropriating funds from the
Staffing for Adequate Fire and Emergency Response(SAFER)
Grant Program (1st Reading 7123113)
Ordinance appropriating $3,380,824 from the United States
Department of Homeland Security- Staffing for Adequate Fire and
Emergency Response (SAFER) Grant Program, into the No. 1062 Fire
Grants Fund to hire and maintain 34 additional firefighters within the
Fire Department.
Council members asked staff to apply for another SAFER grant to increase
funding to hire more firefighters to staff ambulances and fire trucks. This
Ordinance was passed on second reading on the Consent Agenda.
Enactment Na 029912
23. Second Reading Ordinance-Engineering Design Contract
Amendment No. 1 for Cefe Valenzuela Outfall Modifications and
On-Call Consulting Services(1st Reading 7123113)
Ordinance amending the FY 2013 Capital Improvement Budget
adopted by Ordinance No. 029565 to add Project No. E11050 Cefe
Valenzuela Outfall Modifications; transferring funds from Fund No.
3365 Reserve Appropriation in the amount of$100,000 to Project No,
E11050 Cefe Valenzuela Outfall Modificationsand authorizing the City
Manager or designee to execute Amendment No. 1 to the Contract for
Professional Services with HDR Engineering, Inc. of Corpus Christi,
Texas in the amount of$69,800, for a total restated fee not to exceed
$116,200 for the Project No. E11050 Cefe Valenzuela Outfall
Modifications and On-Call Consulting Services.
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This Ordinance was passed on second reading on the ConsentAgenda.
Enactment No:029913
24. Second Reading Ordinance-Accepting and appropriating State
grant for air quality planning (1st Reading 7123113)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate a grant in the amount
of$442,300 from the Texas Commission on Environmental Quality in
the No. 1071 Community Enrichment Fund for air quality planning
purposes.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No 029914
F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT
PRESENTATIONS TO THREE MINUTES.A recording is made of the meeting;
therefore, please speak into the microphone located at the podium and state
your name and address. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Mayor Martinez called for public comment. The following individuals spoke in
favor of a plastic bag ban as follows:Wes Tunnell;Patricia Reinhart
Mondragon;Neil McQueen;Stephanie Martinez;Cliff Slavic;Beth Wilson
Becerra;Adriana Lira;Theresa Kline;Jim Kline;Peggy Duran;Wyatt James;
and Mr.Clayton.
The following individuals spoke against the plastic bag ban:Jeanne Cross;
Kim Dees;Dolores Dees.
Johnny French spoke regarding removing language in the draft ordinance for
fees collected to hire more code enforcement officers(Item 3),or spending
money for any other use(Item 7).
Mary Lou Huffman spoke regarding an event on Agnes Street tomorrow and in
favor of bond funding for Old Robstown Road.
The following individuals spoke in favor of amending the budget to increase
firefighter funding: Lionel Lopez;Carolyn Moon;Kim Dees;Rudy DeLeon;Jim
Kline.
Abel Alonzo stated that he supported the firefighters but not the fire union
tactics.
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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.
G. CITY MANAGER'S COMMENTS 1 UPDATE ON CITY OPERATIONS:
City Manager Olson reported on the following issues: Staples Street
construction project is ahead of schedule;Solid Waste employees Eduardo
Morales and David Garza for assisting an injured individual;the TAAF games
were a success;and presentation to Assistant City Manager Oscar Martinez for
16 years of service.
Mayor Martinez mentioned a number of Mr.Olson's accomplishments,
including: completing street fee;improved budget process due to workshops;
completed compensation and classification plan;appointed Assistant City
Manager Susan Thorpe as a customer service champion;continued work on a
comprehensive economic development plan;Schlitterbahn project;industrial
district contract negotiation;solid waste competitive review;citywide facilities
improvement and service plan;city performance measures program;
organization of public works and utiities departments;moving forward on Mary
Rhodes Pipeline Phase II project
H. EXECUTIVE SESSION: (ITEM 21
Mayor Martinez deviated from the agenda and referred to the executive
session. The Council went into executive session.
2. Executive session pursuant to Section 551.072 of the Texas
Government Code to deliberate the lease of real property because
deliberations in an open session would have detrimental effect on the
position of the City in negotiations with a third party, with possible
discussion and action in open session.
This ESession Item was discussed in executive session.
M. PUBLIC HEARINGS: (ITEM 25)
25. Public Hearing and First Reading Ordinance-Amending the
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Unified Development Code and Code of Ordinances for sidewalk
cafes and streetscape zones.
Ordinance amending the Unified Development Code by revising
subsections 1.11.3- Defined Terms, subsection, 6.13.1 Streetscape
Zone and Pedestrian Amenities; establishing a new subsection 6,13 1
- Permission to Use City Sidewalks; amending the City of Corpus
Christi, Texas, Code of Ordinances, by revising Section 49-2 -
Obstructions Generally, and Section 49-6-Gates opening across
sidewalks; and providing for severance, penalties, and publication.
Mayor Martinez referred to Item 25. Director of Development Services Mark
Van Vleck stated that the purpose of the item was to amend the Unified
Development Code(UDC)to allow the director of development services,rather
than the City Council,to approve use privilege agreements for sidewalk cafes,
awnings,outdoor displays and sales,street furniture,and other Improvements
of structures. Council members asked if there was fee for the agreement;
maintenance of improvements;and reduction of sidewalk width.
Council Member Magill made a motion to open the public hearing,seconded by
Council Member Leal. Abel Alonzo asked about adherence to ADA
requirements. A motion was made and seconded to close the public hearing.
This Ordinance was passed on first reading and approved with the following
vote:
Aye: 9- Council Member Allen,Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Scotto Council Member Magill Council
Member McIntyre,Council Member Riojas and Council Member Garza
Abstained: b
Enactment No:029923
N. REGULAR AGENDA: (ITEMS 26-331
SPECIAL BUDGET CONSIDERATION ITEMS (ITEMS 26 -30)
26. Second Reading Ordinance-Adopting the Proposed Operating
Budget for FY 2013 -2014(1st Reading 7116113)
Ordinance adopting the City of Corpus Christi budget for the ensuing
fiscal year beginning August 1,, 2013,1 to be filed with the County Clerk;
appropriating monies as provided in the budget; and providing for
severance.
Mayor Martinez referred to Item 26. Assistant City Manager Margie C.Rose
stated that on July 25,the City received the certified appraisal roll from the
Nueces County Tax Appraisal District She said there was an increase of 7.99%
in values compared to last year. In the proposed budget,staff estimated an
increase of 5%. She said this translates into an additional$1,440,000 more of
general fund revenues that are not currently part of the budget She truth in
taxation laws require that if the City is considering a tax rate where the
maintenance and operations rate increase of 8%,then the Council must
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consider the roll back rate. She presented the Council with two property tax
options:
1)Maintain current rate-$0.588797. She said that's a total of$1,440,000,which
Is the budget now. Deducting the portion required for street fund transfer,the
total amount available for the general fund is$1,364,524.
2)Adopt the roll back rate-$.058524. The new additional revenues are
$944,578. Deducting the portion required for street fund transfer,the total
amount available for general fund is$895,069.
Ms.Rose noted that if the Council were to maintain the current rate,the action
could be subject to a referendum to consider the roll back rate.
Mayor Martinez called for public comment. The following individuals spoke
regarding increasing funding for firefighter staffing: Natasha Ross;
Christopher Steele;Carlos Torres;Steve Bowers;Ingrid Dees;Scott Leeton.
Cheryl Martinez spoke in favor of increasing funding for temporary employees
In animal control division: Cheryl Martinez. Abel Alonzo stated that the fire
and police departments should be held accountable and managed effectively.
Council members asked questions about the cost for temporary staff to clean
kennels at the aniimal control department. Police Chief Floyd Simpson replied
that the additional cost to the budget was$100,000;the actual cost was
$107,226.
Council Member Magill made a motion to amend the FY 2013.14 Proposed
Budget to approve$107,225 for the animal control division either out of fund
balance or the roll back rate,seconded by Council Member Loeb. Council
Member McIntyre asked for an amendment to specify that$29,225 of the
$107,225 was for the veterinarian technician. Council Member Magill accepted
her amendment,seconded by Mr.Loeb.Mayor Martinez asked if there was any
discussion on the motion. Council members noted that their priorities were
street fee and/or pension liability issue,and reducing debt;and concerns
about cutting animal control funding. The motion passed with the following
vote: Mayor Martinez,Riojas,Garza,Leal,Loeb,Magill,McIntyre,voting"Aye'
Allen and Scott,voting"Nay".
Council Member Loeb made a motion to amend Mr.Magill's motion by
amending the FY 2013-14 Proposed Budget to adopt the roll back rate;amend
budget to include$107,225 for animal control division;and the remaining
$393,922 to debt service fund;$393,922 to pension liability fund. Council
Member Magill did not accept the amendment.
The Council discussed issues related to amending the budget to increase fire
department stafffing. Council Member Magill made a motion to amend the FY
201344 Proposed Budget to fund$600,000 in overtime for this FY for the
specific purpose of raising daily minimum staffing to 100 with current fire
personnel,seconded by Ms.Leal. The motion failed with the following vote;
Leal and Magill,voting"Aye';Martinez,Riojas,Scott,Allen,Garza,Loeb,and
McIntyre,voting"Nay".
Council Member Scott made a motion to amend the FY 2013.14 Proposed
Budget to adopt the roll back rate,seconded by Council Member McIntyre. The
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motion passed with the following vote:Martinez,Riojas,Scott,Allen,Garza,
Loeb,Magill,McIntyre,and Leal,voting"Aye".
Council Member Loeb made a motion to use the remaining balance of$393,922
for debt service funding,and$393,922 for pension liability funding,seconded
by Mr.Magill. The motion passed with the following vote: Martinez,Riojas,
Scott,Garza,Leal,Loeb,Magill,McIntyre,voting"Aye";and Allen voting"Nay".
This Ordinance was passed on second reading as amended with the following
vote:
Aye: 9- Council Member Allen, Council Member Leal,Council Member Loeb,
Mayor Martinez„Council Member Scott, Council Member Magill Council!
Member McIntyre,Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No`029915
31. Resolution supporting Destination Bayfront
Resolution approving and adopting the Corpus Christi Destination
Bayfront Master Implementation Plan, Schematic Design and the
phasing plan outlined therein prepared by Hargreaves Associates for
the Destination Bayfront Project("Project"); directing staff to prepare
an ordinance calling for a November 5 2013 Election with language
for a bond proposition to fund the construction of the Project;
authorizing the City Manager or designee to execute Amendment No.
11 to the Professional Services Contract with Hargreaves Associates,
Inc. in the amount of$1,936,300 and Amendment No. 2 to the Testing
Agreement with Rock Engineering &Testing Laboratory in the amount
of$102,500, contingent upon voter-approval of the Bond Proposition-
Mayor Martinez deviated from the agenda and referred to Item 31. City
Engineer Dan Biles stated that the purpose of the item was to direct staff to
develop an ordinance for November 5,2013 General Obligation Bond Election
to include the Destination Bayfront Project;adopt the project's Master
Implementation Plan,schematic design and phasing;and approve an
amendment and testing agreement to facilitate the completion of the design
phase. He said the contracts were contingent upon voter-approval of the bond
proposition.
Mayor Martinez asked for public comment. Ms.Hebert spoke in opposition to
the Destination Bayfront project. Johnny French stated that street
maintenance,street improvements,and destination bayfront should all be
considered during the same election(2014)because citizens will be paying for
all of them together. Carolyn Moon stated that she believed that destination
bayfront was going to be paid strictly with private funds. Abel Alonzo spoke in
support of the project.
Trey McCampbell spoke regarding the economic benefits of the destination
bayfront project. Council members commented that the City had other
infrastructure needs that were higher in priority;and the economic benefits of
the projects. This Resolution was passed and approved with the following
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vote:
Aye: 7- Council Member Allen, Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Scott.,Council Member McIntyre and
Council Member Rioias
Nay: 2- Council Member Magill and Council Member Garza
Abstained: 0
Enactment No:029920
37. First Reading Ordinance-Calling for Special Election on
November 5, 2013
Ordinance ordering a Special Election to be held on November 5,
2013 in the City of Corpus Christi on the question of authorizing one or
more series of bonds supported by ad valorem taxes; providing for
procedures for holding such election; providing for notice of election
and publication; providing for establishment of branch early polling
places; designating polling place locations; authorizing a joint election
with Nueces County; making provisions for the conduct of such joint
election; and enacting provisions and resolving other matters incident
and related to such election.
Mayor Martinez deviated from the agenda and referred to Item 37. There were
no comments from the Council or the public. This Ordinance was passed on
first reading and approved with the following vote:
Aye: 9- Council Member Allen, Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Scott,Council Member Magill,Council
Member McIntyre,Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No:029925
FUTURE AGENDA ITEMS: (ITEMS 38-39)
38. Resolution establishing the City's binding intention for
Destination Bayfront Bond Issuance
Resolution establishing the City's binding intention to issue General
Improvement Bonds to design, develop, construct, renovate, and
improve Destination Bayfront upon obtaining the approval of City
voters and upon raising private contributions and other financial
support of such Project; authorizing other matters incident and related
thereto; and providing an effective date.
Mayor Martinez deviated from the agenda and referred to Item 38 on the future
agenda. This Resolution was recommended by staff to regular agenda.
Enactment No:029926
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39. Regulating the use of plastic checkout bags
Ordinance amending Chapter 21, Part III Garbage, Trash, and other
refuse of the Code of Ordinances, by adding new Article VI regulating
the use of Plastic Checkout Bags in the City of Corpus Christi, and
providing for penalties.
Mayor Martinez deviated from the agenda and referred to Item 39 on the future
agenda.
Council Member Loeb made a motion directing staff to amend Section 21-62e,
subsection(1)to say"may"to"will",and to delete(i)in Line 7,"any other use
approved by the City Council";seconded by Mayor Martinez.Council Member
McIntyre asked for an amendment to the motion to change Item 3 from say
"any other ordinance"to"any other litter ordinance";and item 2 to add"proper
use,disposal and recycling". Mr.Loeb accepted Ms.McIntyre's amendment,
seconded by Mayor Martinez. The motion passed with the following vote:
Martinez,Rlojas,Scott,Allen,Garza,Leal,Loeb,and McIntyre,voting"Aye".
Mayor Martinez made a motion directing staff to bring back the proposed
ordinance incorporating suggested changes and an ordinance allowing for a
complete ban on plastic bags,seconded by Council Member Loeb. The motion
failed with the following vote: Martinez,Loeb and Leal voting"Aye';Rlojas,
Scott,Allen,Garza,Magill,and McIntyre,voting"No".
Council Member McIntyre made a motion directing staff not to bring back the
ordinance until we have a fully vetted litter ordinance including enforcement
strategies and a fully vetted report form and draft the ordinance changing the
Green Star Program to be a no fee with reduction validation and to scale in the
levels of reduction;seconded by Council Member Magill. The motion passed
with the following vote: Rlojas,Scott,Allen,Garza,Magill,and McIntyre,
voting"Aye";Martinez,Leal,and Loeb,voting"No".
FIRST READING ORDINANCES: (ITEMS 35 -37)
36. First Reading Ordinance- Amending lease agreement for use
and management of Whataburger Field
Ordinance authorizing the City Manager, or designee, to execute the
First Amended and Restated Lease Agreement ("Amended Lease")
between the City of Corpus Christi ("City") and the Corpus Christi
Baseball Club, LP ("Lessee")for operating Whataburger Field
("Baseball Stadium")as a professional baseball venue, in
consideration of an additional fifteen (15) year term and Lessee's
rental payments therefore.
Mayor Martinez deviated from the agenda and referred to Item 36. Assistant
City Manager Wes Pierson stated that the purpose of the item was to amend
the stadium lease agreement between the City of Corpus Christi and the
Corpus Christi Baseball Club,LP(Corpus Christi Hooks). He reviewed the
history and goals of the project,and covered the main deal points,including
term,rent,maintenance requirements,acceleration of the rent,and the Player
development contract. He also discussed stadium maintenance and the next
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steps in the process. There were no comments from the public or the Council.
This Ordinance was passed on first reading and approved with the following
vote:
Aye: 9- Council Member Allen, Council Member Leal,Council Member Loeb„
Mayor Martinez Council Member Scott,Council Member Magill„ Council
Member McIntyre,Council Member Riojas and Council Member Gana
Abstained: 0
Enactment No 029942
SPECIAL BUDGET CONSIDERATION ITEMS (ITEMS 26-30)
27. Second Reading Ordinance-Adopting the Proposed Capital
Budget for FY 2013 -2014(1st Reading 7116113)
Ordinance approving the FY 2014 Capital Budget and Capital
Improvement Planning Guide in the amount of$294,964,300
Mayor Martinez referred to Item 27. Assistant City Manager Oscar Martinez
stated that the purpose of the item was to approve the FY 201344 Capital
Budget and CIP Planning Guide in the amount of$294,964,300. He discussed
the details of this planning document,saying that Year 1 was the most critical.
Council Member Loeb made a motion directing staff that,in the future,all CIP
budget items that are the result of an unfunded mandate be labeled as such on
the project page;seconded by Mr.Scott. The motion passed with the
following vote: Martinez,Riojas,Scott,Allen,Garza,Leal,Loeb,Magill,and
McIntyre. There was no public comment. This Ordinance was passed on
second reading with the following vote:
Enactment Na 029916
28. Second Reading Ordinance-Amending City code regarding
water, gas,wastewater, and street maintenance rates and fees
(1 st Reading 7116113)
Ordinance amending the Code of Ordinances, City of Corpus Christi„
Chapter 55,, regarding water„ gas„ wastewater, and street maintenance rates
and fees; consolidating, codifying, and adopting clarifying amendments of
Ordinance No, 029876 and Ordinance No. 029877 regarding street
maintenance fees; providing for publication, providing for severance, and
providing effective date,
Mayor Martinez referred to Item 28. Assistant director of Management and
Budget Eddie Houlihan stated that the purpose of the item was to amend the
code of ordinances for the revision of water,wastewater,and gas rates and
fees;and to incorporate into the street maintenance fee into the code of
ordinances. Council Member Loeb made a motion directing staff that as soon
as possible,on future wastewater bills and in our rate structure,set a rate that
is shown on people's bills for what the cost of funding the unfunded mandates,
either on an operational or capital level;seconded by Mr.Scott. The motion
passed with the following vote: Martinez„Riojas,Scott,Allen,Garza,Leal,
Loeb,Magill,and McIntyre. This Ordinance was passed on second reading
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and approved with the following vote:
Aye: 9- Council Member Allen,Council Member Leal„Council Member Loeb,
Mayor Martinez,Council Member Scott,Council Member Magill,, Councd
Member McIntyre,Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No:029917
29, Second Reading Ordinance-Amending the Code of Ordinances
to adopt new compensation rates (1st Reading 7123113)
Ordinance amending Code of Ordinances, Chapter 39, Personnel„
Article III Employee Classification and Compensation System of the
Corpus Christi Code of Ordinances to adopt new compensation rates,
Mayor Martinez referred to Item 29. Yasmine Chapman,the director of human
resources,stated that the purpose of the item was to create three new
market-based pay plans,and to adopt new compensation rates. There were no
comments from the Council or public. This Ordinance was passed on second
reading with the following vote:
Enactment No:029918
15. Setting Date to adopt the Property Tax Rate
Motion setting September 10, 2013 as the date of the adoption of the
ad valorem tax rate of$0,588797 per$100 valuation.
Mayor Martinez referred to Item 15. Director of Financial Services Constance
Sanchez asked that Item 15 be amended to include the roll back rate of
$0.585268 per$100 valuation,as discussed in Item 26. Council Member Scott
made a motion to amend,seconded by Council Member McIntyre,and passed.
The motion passed as amended and was approved with the following vote:
Aye: 9- Council Member Allen,Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Scott,,,Council Member Magill,Council
Member McIntyre, Council Member Rojas and Council Member Garza
Abstained: 0
Enactment No, M2013-126
16. Setting Public Hearing Dates for Ad Valorem Tax rate
Motion setting a public hearing on the ad valorem tax rate for August
20, 2013 and a second public hearing for August 27, 2013, during the
regular City Council meeting beginning at 11.30 a.m. at City Hall„ 1201
Leopard Street, Corpus Christi, Texas,.
Mayor Martinez referred to Item 16. Director of Financial Services Constance
Sanchez stated that the purpose of the item was to set 2 public hearings before
the final vote adopting the tax rate on September 10,2013. There were no
comments from the public or Council. The Motion passed and was approved
with the following vote:
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Aye: 9- Council Member Allen, Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Scott, Council Member Magill,Council
Member McIntyre,Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No M2013-127
30. Parks and Recreation FY14 new fees and fees increasing more
than 25%
Resolution adding new rental and recreational use fees for fiscal year
2013-2014 and providing for publication; effective date; and severance
of the same.
Mayor Martinez referred to Item 30. Director of Parks and Recreation Michael
Morris stated that the purpose of the item was to approve new fees and fees
Increasing more than 25%for Fiscal Year 2014. There were no comments from
the Council or the public. This Resolution was passed with the following vote:
Enactment No 029919
32. Resolution in Support of 2014 General Obligation Bond Electlon
and approval of propositions and projects (Related items 32 -33)
Resolution in support of calling for a General Obligation Bond Election
in November 2014 for the purpose of funding Street Improvements in
the amount of $84,410,000 (with $55,000,000 representing streets in
the greatest need of reconstruction and $29,410,000, representing
street capacity priorities and other street-related improvement
projects); and to review, finalize and approve the staff-recommended
street project list.
Mayor Martinez referred to Item 32. City Engineer Dan Biles stated that the
purpose of the item was to approve a resolution in support of a November 2014
General Obligation Bond election for street Improvements totaling$64,410,000;
and to approve a project list for each proposed proposition. He said staff
could then proceed with having the projects under Proposition One designed,
or under design,prior to November 2014. He stated that staff changed the
project list at Council request as follows: changed Proposition 2 title;added
Waldron Road and Santa Fe Streets.
Council members asked questions regarding the following issue:
re-evaluating the PCI of Everhart and Santa Fe;and whether businesses are
buying-in to the improvements being made on Chaparral Street project;more
pedestrian improvements on Ayers Street. Council Member Loeb stated that
he was abstaining from voting on improvements to Morgan Avenue,Staples
Street,and Chaparral Street because the improvements could benefit
properties his company manages in those areas. There were no comments
from the public.
This Resolution was passed and approved with the following vote:
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Aye: 8- Council Member Allen Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Magill,Council Member McIntyre,.
Council!Member Riojas and Council Member Garza
Nay: 1 - Council Member Scott
Abstained: 0
Enactment No 029921
33. Reimbursement Resolution in Support of 2014 General Obligation
Bond Election
Resolution relating to establishing the City's intention to reimburse
itself for the prior lawful expenditure of funds relating to constructing
various City improvements from the proceeds of tax-exempt
obligations to be issued by the City for authorized purposes;
authorizing other matters incident and related thereto; and providing
an effective date.
Mayor Martinez referred to Item 33. City Engineer Dan Biles stated that the
purpose of the item was to reimburse the city for funds needed by staff to
begin the design process on streets listed in Proposition One. There were no
comments from the Council or the public. This Resolution was passed and
approved with the following vote:
Aye: 8- Council Member Allen,Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Magill,Council Member McIntyre;
Council Member Riojas and Council Member Garza
Nay: 1 - Council Member Scott
Abstained: 0
Enactment No:029922
O. CORPORATION MEETING (ITEM 34)
Mayor Martinez recessed the Council meeting to hold a corporation meeting.
34. Annual Board Meeting of the Corpus Christi Community
Improvement Corporation
Annual Board meeting of the Corpus Christi Community Improvement
Corporation (CCCIC)
This Corporation Meeting was held
P. FIRST READING ORDINANCES: ITEMS 35-37
35. First Reading Ordinance-To reimburse Isaac C.Anthony, III and
Betty Anthony for the wastewater development fees paid in 1996
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Ordinance appropriating $1,135.31 from the No. 4220 Wastewater
Trunk System Trust Fund to refund Isaac C. Anthony, III and Betty
Anthony the wastewater lottacerage fees paid since wastewater
services are not available nor will any be available within the next 5
years as related to King Estates Unit 2, Block 7, Lot 3.
Mayor Martinez reconvened the Councl meeting and referred to Item 35.
Director of Development Services Mark Van Vleck stated that the purpose of
the item was to reimburse the Anthonys for wastewater lotiacreage fees paid
since wastewater services are not available,nor will they be available for the
next 5 years.There were no comments from the Council or the public. This
Ordinance was passed on first reading and approved with the following vote:
Aye: 8- Council Member Allen,Council Member Leal,Council Member Loeb
Mayor Martinez,Council Member Magill,Council Member McIntyre,.
Council Member Riojas and Council Member Garza
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No:029924
R. BRIEFINGS TO CITY COUNCIL: (NONE)
S. ADJOURNMENT
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