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I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of March 10, 2015 which were approved by the City
Council on March 24, 2015.
WITNESSETH MY HAND AND SEAL, on this the 24th day of March, 2015.
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Rebecca Huerta
City Secretary
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__` '/ Meeting Minutes
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City Council
Tuesday,March 10,2015 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 Pro Tern Chad Magill called the meeting to order.
B. Invocation to be given by Minister Eddie Rodriguez, Church of Christ.
Minister Eddie Rodriguez gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Stacie Talbert
Anaya, Interim Director of Parks and Recreation.
Fire Chief Robert Rocha led the Pledge of Allegiance.
D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca Huerta called the roll and verified that a quorum of the
Council and the required Charter Officers were present to conduct the meeting.
Charter Officers:
City Manager Ron Olson,City Attorney Miles K.Risley,and City Secretary
Rebecca Huerta.
Present: 8- Council Member Rudy Garza,Council Member Chad Magill,Council
Member Colleen Mclntyre,Council Member Lillian Riojas,Council Member
Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott,
and Council Member Carolyn Vaughn
Absent: 1 - Mayor Nelda Martinez
E. Proclamations/Commendations
1. Proclamation declaring March 13th, 20th, and 27th, 2015, "Fill the
Boot for Muscular Dystrophy Association Days"
Mayor Pro Tern Magill presented the proclamation.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Pro Tern Magill referred to City Manager's Comments.City Manager
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Olson discussed the following topics:
a. OTHER
1)City Manager Olson announced that Item 22 was withdrawn from the
agenda.2)City Manager Olson recognized the City employees'charitable
donations to United Way and stated that he was proud of the City employees
for supporting the community.
MINUTES:
9. Regular Meeting of February 24, 2015
Mayor Pro Tem Magill called for approval of the minutes.Council Member
Garza made a motion to approve the minutes,seconded by Council Member
Rubio and passed unanimously.
J. BOARD & COMMITTEE APPOINTMENTS: (NONE)
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 10 -13)
Approval of the Consent Agenda
Mayor Pro Tem Magill referred to the Consent Agenda.There were no
comments from the Council or the public.Council Member McIntyre made a
motion to approve the consent agenda items,seconded by Council Member
Scott.The consent agenda was passed with the following vote:
Aye: 8- Council Member Garza, Council Member Magill, Council Member
McIntyre,Council Member Riojas, Council Member Rubio, Council
Member Rosas, Council Member Scott and Council Member Vaughn
Absent: 1 - Mayor Martinez
Abstained: 0
10. Authorizing State of Texas, Criminal Justice Division grant
application
Resolution authorizing the submission of a grant application in the
amount of$46,194.48 to the State of Texas, Criminal Justice Division,
for funding available under the Violence Against Women Act(VAWA)
fund for the Police Department's Family Violence Unit with a city match
of$19,354.48, an in-kind match of$5,520, for a total project cost of
$71,068.96; and authorizing the City Manager or the City Manager's
designee to apply for, accept, reject, alter or terminate the grant.
This Resolution was passed on the Consent Agenda.
Enactment No: 030439
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11. Authorizing Texas Parks &Wildlife Department grant application
for improvements at West Guth Park
Resolution authorizing the City Manager or designee to apply for a
Texas Parks&Wildlife Local Grant Program for West Guth Park in
amount of$400,000 with City matching funds of$400,000.
This Resolution was passed on the Consent Agenda.
Enactment No: 030440
12. Second Reading Ordinance-Rezoning from commercial with a
special permit to light industrial at 10328 Interstate Highway 37
access road (1st Reading 2/24/15)
Case No. 0115-05 Hayden Partners LLC: A change of zoning from the
"CG-2/SP" General Commercial District with a Special Permit for a
warehouse use to the "IL" Light Industrial District, resulting in a change
to the Future Land Use Plan from commercial to industrial uses. The
property is described as Lot 2, Block 3, River Square Unit 1, located
along the north side of Interstate Highway 37 Access Road at the
southeast corner of Turtle Creek Boulevard and River Run Boulevard.
Planning Commission and Staff Recommendation (January 28, 2015):
Denial of the change of zoning to the "IL" Light Industrial District and,
in lieu thereof, approval of the"CG-2/SP"General Commercial District
with a Special Permit subject to a site plan and ten conditions.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Hayden Partners LLC ("Owner"), by changing the UDC
Zoning Map in reference to Lot 2, Block 3, River Square Unit 1, from
the "CG-2/5P" General Commercial District with a Special Permit for a
warehouse use to the "CG-2/SP"General Commercial District with a
Modified Special Permit for a warehouse use; 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: 030441
13. Second Reading Ordinance -Appropriating reimbursement from
Texas State Library and Archives Commission (1st Reading
2/24/15)
Ordinance appropriating reimbursement received from the Texas State
Library and Archives Commission for participation in Interlibrary Loan
Program in the amount of$21,898.50 into the General Fund No. 1020,
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La Retama Central Library Organization No. 12800, to be used for
library technology services; and Changing the FY14-15 Operating
Budget adopted by Ordinance No. 030294 by increasing revenue and
expenditures by$21,898.50 each.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030442
M. PUBLIC HEARINGS: (ITEMS 14-15)
14. Public Hearing and First Reading Ordinance -Amending the
Unified Development Code to increase the self-storage use
compartment size limitation
Ordinance amending the Unified Development Code ("UDC") by
revising Section 5.2.14.0 allowing an increase in self-storage use
compartment sizes from 400 square feet to 500 square feet; and
providing for severance, penalties, and publication.
Mayor Pro Tem Magill referred to Item 14.Director of Development Services
Dan Grimsbo stated that the purpose of this item is to amend the Unified
Development Code's limitation on compartment sizes for self-storage uses.Mr.
Grimsbo stated that the Planning Commission and staff are in favor of the text
amendment Mayor Pro Tem Magill opened the public hearing.There were no
comments from the public.Mayor Pro Tem Magill closed the public hearing.A
council member thanked staff for addressing this issue.Council Member Garza
made a motion to approve the ordinance,seconded by Council Member Scott.
This Ordinance passed on first reading and approved with the following vote:
Aye: 8- Council Member Garza,Council Member Magill, Council Member
McIntyre, Council Member Riojas, Council Member Rubio, Council
Member Rosas, Council Member Scott and Council Member Vaughn
Absent: 1 - Mayor Martinez
Abstained: 0
15. Public Hearing and First Reading Ordinance -Rezoning from
Farm Rural to Single-Family on Tract 1 and to Commercial on
Tract 2 at 714 FM 2444
Case No. 0115-06 South Staples LLC: A change of zoning from the
"FR" Farm Rural District to the"RS-15"Single-Family 15 District on
Tract 1 and from the"FR" Farm Rural District to the "CN-1"
Neighborhood Commercial District on Tract 2. Tract 1 is described as
being an 8.57 acre tract out of a 78.76 acre parcel which is out of the
East One-Half of the Northwest One-Quarter, Section Thirty, Laureles
Farm Tracts. Tract 2 is described as being a 5.22 acre tract out of a
78.76 acre parcel which is out of the East One-Half of the Northwest
One-Quarter, Section Thirty, Laureles Farm Tracts. The properties are
located at the northwest corner of South Staples Street(FM 2444) and
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County Road 41A.
Planning Commission and Staff Recommendation (February 11,
2015):
Tract 1: Denial of the rezoning from the"FR" Farm Rural District to
"RS-15" Single-Family 15 District and, in lieu thereof, approval of the
"RS-22/SP" Single-Family 22 District with a Special Permit subject to a
site plan and conditions.
Tract 2: Approval of the rezoning from the"FR" Farm Rural District to
"CN-1" Neighborhood Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by South Staples, LLC ("Owner"), by changing the UDC
Zoning Map in reference to Tract 1, being an 8.57-acre tract out of a
78.76-acre parcel which is out of the East One-Half of the Northwest
One-Quarter, Section Thirty, Laureles Farm Tracts, and Tract 2, being
a 5.22-acre tract out of a 78.76-acre parcel which is out of the East
One-Half of the Northwest One-Quarter, Section Thirty, Laureles Farm
Tracts, from the "FR" Farm Rural District to the "RS-22/SP"
Single-Family 22 District with a Special Permit on Tract 1; and from the
"FR" Farm Rural District to the "CN-1" Neighborhood Commercial
District on Tract 2; amending the Comprehensive Plan to account for
any deviations; and providing for a repealer clause and publication.
Mayor Pro Tem Magill referred to Item 15.Director of Development Services
Dan Grimsbo stated that the purpose of this item is to rezone the subject
property to allow for construction of single-family on Tract 1 and
neighborhood commercial on Tract 2.Mr.Grimsbo stated that the Planning
Commission and staff recommend denial of the rezoning of Tract 1 from"FR"
Farm Rural District to"RS-15"Single-Family 15 District and,in lieu thereof,
approval of the"RS-22/SP"Single-Family 22 District with a Special Permit
subject to a site plan and conditions;and approval of the rezoning of Tract 2
from"FR"Farm Rural District to"CN-1"Neighborhood Commercial District.
Mayor Pro Tem Magill opened the public hearing.There were no comments
from the Council or the public.Mayor Pro Tem Magill closed the public
hearing.Council Member McIntyre made a motion to approve the ordinance,
seconded by Council Member Scott.This Ordinance passed on first reading
and approved with the following vote:
Aye: 8- Council Member Garza, Council Member Magill, Council Member
McIntyre, Council Member Riojas, Council Member Rubio, Council
Member Rosas, Council Member Scott and Council Member Vaughn
Absent: 1 - Mayor Martinez
Abstained: 0
N. REGULAR AGENDA: (ITEM 16)
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16. Approving grant funds for the rehabilitation of the La Armada II
Public Housing Complex
Motion approving grant funds for the rehabilitation of the La Armada II
Public Housing Complex, and authorizing the City Manager or his
designee to execute an affordable housing agreement with the Corpus
Christi Housing Authority.
Mayor Pro Tern Magill referred to Item 16.Director of Housing and Community
Development Eddie Ortega stated that the purpose of this item is to approve
grant funding for the rehabilitation of the La Armada II Public Housing
Complex.There were no comments from the public.Council members spoke
regarding the following topics:an explanation of the language in the contract
referring to the release of funding;the funding for this fiscal year;and
discussion regarding the Corpus Christi Housing Authority's property on
Everhart Road and the reason the Corpus Christi Housing Authority is not
selling this asset.Gary Allsup,President of the Corpus Christi Housing
Authority(CCHA)stated that the Corpus Christi Housing Authority Board
recognizes the value of the Thanksgiving Homes property and has decided to
keep the property as an asset to address future affordable housing needs.
Mr.Ortega provided the Council with an amendment to Section 4.Terms of
Project Agreement,Subsection c.which reads as follows: The$350,000 in
affordable housing funds will be awarded immediately upon the CCHA
providing the City proof that the$4,800,000 in funds from various federal
programs have been secured and are available for expenditure on the Project;
the$150,000 will be awarded on October 1,2015 oras soon as possible after
the adoption of the FY 2015-2016 Type A budget,upon the expected future
allocation of funds by the Type A Board to the City. The parties recognize that
appropriation of the future funds,budget approval,and a decision by the Type
A to transfer sufficient funds to the City for affordable housing in FY 2015-2016
are within the sole discretion of the Type A Board.By execution of the
Agreement,the City does not represent that these actions will occur.All of
these actions are further subject to City Council approval.
The continuation of this Agreement after the close of any fiscal year of the City,
which fiscal year ends on September 30 annually,is subject to appropriations
and budget approval covering this Agreement as expenditure in said budget;
however,its within the sole discretion of the City Council of the City to
determine whether to fund this Agreement.The City does not represent that
this budget item will be adopted,as said determination is within the City
Council's sole discretion when adopting each budget.
Council Member McIntyre made a motion to include the new language in
Section 4(c)of the contract,seconded by Council Member Riojas and passed.
This Motion was passed as amended and approved with the following vote:
Aye: 8- Council Member Garza, Council Member Magill, Council Member
McIntyre, Council Member Riojas, Council Member Rubio, Council
Member Rosas, Council Member Scott and Council Member Vaughn
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: M2015-024
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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 Pro Tern referred to comments for the public.Jack Gordy spoke
regarding the removal of palm trees on Airline Road.Rudy Medina spoke
regarding the replacement of the fence behind his property and code
enforcement.Cathy Huebner spoke in support of the City's initiatives for
reducing water consumption and requested that the City Council include Lake
Texana to the combined reservoir system.Joe Lawrence Zulea spoke
regarding water and water related issues.Leonel Rios thanked the City Council
for supporting veterans and asked for support in establishing a veterans home
in Corpus Christi.Jerry Garcia requested support for Southside Baseball and
the westside area.
H. EXECUTIVE SESSION: (ITEMS 2 -8)
Mayor Pro Tem Magill referred to the day's executive sessions.Mayor Pro Tem
Magill stated that City Council would handle Item 8 first in executive session
and would return then reconvene to executive session.The Council went into
executive session.
2. 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 negotiations
with the U.S. Environmental Protection Agency concerning its
proposals regarding the City's sanitary sewer system,with possible
action and discussion in open session.
3. 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 negotiations
for economic development incentives with a commercial retailer;
pursuant to Texas Government Code§ 551.087 to discuss or
deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the
governmental body seeks to have locate, stay, or expand in or near
the territory of the governmental body and with which the
governmental body is conducting economic development negotiations
and/or financial or other incentives involving said business prospect,
including but not limited to negotiations for economic development
incentives with a commercial retailer; with possible action and
discussion in open session.
4. Executive Session pursuant to Texas Government Code§
551.072 concerning the purchase, exchange, lease or value of real
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property(including areas on or adjacent to McArdle Road)with
possible action and discussion in open session.
5. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning SOAH Docket No. 473-15-1931.WS,
PUC Docket Number 44050 and wholesale water sales related
litigation, with possible action and discussion in open session.
Enactment No: M2015-023
6. Executive session pursuant to Texas Government Code§551.071
for consultation with attorneys regarding fire collective bargaining
negotiations, the Agreement between the City of Corpus Christi and
the Corpus Christi Firefighters Association and/or police association,
with possible discussion, resolution(s), and other actions in open
session concerning any matters related thereto.
7. Executive session pursuant to Texas Government Code§551.076
concerning security personnel and devices, with possible discussion,
resolution(s), and other actions in open session concerning any
matters related thereto.
8. Executive session pursuant to Texas Government Code Section
551.074 Personnel Matters to deliberate the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal
of all Municipal Court Judges with possible discussion and action in
open session.
Mayor Pro Tem Magill referred to Item 8 and stated that the following ordinance
was discussed in executive session:
Ordinance appointing Young Min Burkett,Ray A.Gonzalez,Irina Rogoff-Klein,
Gail Loeb,Patrick O'Hare,and Mike James Alaniz as Municipal Judges of the
Municipal Court of Record in the City Of Corpus Christi,Texas;appointing Gail
Loeb as the Presiding Judge;appointing Jerry L.Batek,Jacqueline Del Llano
Chapa,Christopher E.Matt,Todd A.Robinson and David Walsh as Part-Time
Judges of the Municipal Court of Record in the City Of Corpus Christi;
determining salary;providing a term of office;declaring an effective date of
March 24,2015.
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Member Rosas.This Ordinance was passed and approved with the
following vote:
Aye: 5- Council Member Garza,Council Member Magill, Council Member
McIntyre, Council Member Rubio and Council Member Rosas
Nay: 3- Council Member Riojas,Council Member Scott and Council Member
Vaughn
Absent: 1 - Mayor Martinez
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Abstained: 0
Enactment No: 030438
N. REGULAR AGENDA: (ITEMS 17 -20)
17. Second Reading Ordinance-Approving termination of
RecycleRewards agreement and non-allocation of funds for
budget fiscal year 2015-2016 (Tabled on 2/17/15)(1st Reading
2/24/15)
Ordinance approving a termination of the agreement with
RecycleRewards and non-allocation of funds due to the necessity to
fund improvements to solid waste services in the operating budget for
fiscal year 2015-2016; finding that the termination and issuance of
certificates of obligation for solid waste services capital improvements
are both necessary and prudent; directing that a copy of this ordinance
be included with the adopted FY2015-2016 Operating Budget; and
providing for severance.
Mayor Pro Tem Magill referred to Item 17.Executive Director of Public Works
Valerie Gray stated that the purpose of this item is to terminate the agreement
with RecycleRewards and non-allocation of funds due to the necessity to fund
improvements to solid waste services.The contract will terminate effective
September 30,2015.Mayor Pro Tern Magill called for comments from the
public.Venessa Santos-Garza,local representative for RecycleBank,said
RecycleBank understands that due to budget issues,this contract,in its
existing form must be terminated to address crucial and mandated projects.
Ms.Santos-Garza requested the opportunity to formally present a plan to
continue the education program for recycling and rewards without impacting
the residents.Abel Alonzo spoke in support of the termination of the
agreement.Council members spoke regarding the following topics: reviewing
the education component and tying together littering,illegal setout,solid
waste code enforcement issues,and contaminated recycling into one program;
and the education matrix associated with the overall lifter campaign and
recycle efforts.Council Member McIntyre made a motion to approve to approve
the ordinance,seconded by Council Member Garza.This Ordinance was
passed on second reading and approved with the following vote:
Aye: 8- Council Member Garza,Council Member Magill, Council Member
McIntyre, Council Member Riojas, Council Member Rubio, Council
Member Rosas, Council Member Scott and Council Member Vaughn
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: 030443
18. Second Reading Ordinance- Lease Agreement with Corpus
Christi Regional Transportation Authority for a Temporary Bus
Transfer Station Site (Requires 28 day delay) (1st Reading 2/10/15)
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Ordinance authorizing the City Manager or designee to execute a
seven (7) month lease agreement with Corpus Christi Regional
Transportation Authority for the use of property bounded by Leopard,
Sam Rankin, Mestina and Josephine Streets, for a temporary bus
transfer station.
Mayor Pro Tem Magill referred to Item 18.Executive Director of Public Works
Valerie Gray stated that the purpose of this item is to execute a lease
agreement with the Corpus Christi Regional Transportation Authority(RTA)to
permit the use of city property directly west of City Hall,bounded by Leopard,
sam Rankin,Mestina and Josephine Streets for a temporary bus transfer
station to continue service during the reconstruction of their new Staples
Street Center building.Mayor Pro Tem Magill called for comments from the
public.Scott Neeley,Chief Executive Office of the RTA,spoke in support of the
temporary bus transfer station.Council Member Rubio made a motion to
approve the ordinance,seconded by Council Member Garza.This Ordinance
was passed on second reading and approved with the following vote:
Aye: 8- Council Member Garza, Council Member Magill, Council Member
McIntyre, Council Member Riojas, Council Member Rubio, Council
Member Rosas, Council Member Scott and Council Member Vaughn
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: 030444
19. Second Reading Ordinance -Lease Agreement for the 2015 Fiesta
de la Flor event and related activities for April 17-18, 2015
(Requires 28 Day Delay)(1st Reading 1/27/15)
Ordinance authorizing the City Manager or designee to execute a
lease agreement with the Corpus Christi Convention and Visitors
Bureau ("CCCVB")for 2015 Fiesta de la Flor event and related
activities to be held on April 17, 2015 and April 18, 2015, and allow
use of City property including the Bayfront Park located along
Shoreline Blvd. between Resaca Street and Power Street.
Mayor Pro Tem Magill referred to Item 19.Acting Assistant Director of Parks
and Recreation Becky Perrin stated that the purpose of this item is to approve
a lease agreement with the Corpus Christi Convention and Visitors Bureau for
the 2015 Fiesta de la Flor event to be held April 17-18,2015.There were no
comments from the Council or the public.Council Member Vaughn made a
motion to approve the ordinance,seconded by Council Member McIntyre.This
Ordinance was passed on second reading and approved with the following
vote:
Aye: 7- Council Member Garza, Council Member Magill, Council Member
McIntyre, Council Member Riojas, Council Member Rubio, Council
Member Rosas and Council Member Vaughn
Absent: 2- Mayor Martinez and Council Member Scott
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Abstained: 0
Enactment No:030445
20. Second Reading Ordinance-Lease Agreement with the Corpus
Christi Hispanic Chamber of Commerce for Tex Mex Railroad
Depot(Requires 28 day delay)(1st Reading 1/27/15)
Ordinance authorizing the City Manager or designee to execute a five
year lease agreement with Corpus Christi Hispanic Chamber of
Commerce for the use of Tex Mex Railroad Depot located at 1800
block of Chaparral Street, in consideration of improvements to
premises and rental payments of$450 per month beginning month 37
increased to$900 per month beginning month 49.
Mayor Pro Tem Magill referred to Item 20.Acting Assistant Director of Parks
and Recreation Becky Perrin stated that the purpose of this item is to execute a
lease agreement with the Corpus Christi Hispanic Chamber of Commerce for
the use of Tex Mex Railroad Depot.There were no comments from the Council
or the public.Council Member Riojas made a motion to approve the ordinance,
seconded by Council Member Garza.This Ordinance was passed on second
reading and approved with the following vote:
Aye: 7- Council Member Garza, Council Member Magill, Council Member
McIntyre, Council Member Riojas, Council Member Rubio, Council
Member Rosas and Council Member Vaughn
Absent: 2- Mayor Martinez and Council Member Scott
Abstained: 0
Enactment No:030446
H. EXECUTIVE SESSION: (ITEMS 2 -7)
Mayor Pro Tem Magill referred to executive session Items 2-7.The Council
went into executive session.
2. 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 negotiations
with the U.S. Environmental Protection Agency concerning its
proposals regarding the City's sanitary sewer system,with possible
action and discussion in open session.
This E-Session Item was discussed in executive session.
3. 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 negotiations
for economic development incentives with a commercial retailer;
pursuant to Texas Government Code § 551.087 to discuss or
deliberate regarding commercial or financial information that the
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governmental body has received from a business prospect that the
governmental body seeks to have locate, stay, or expand in or near
the territory of the governmental body and with which the
governmental body is conducting economic development negotiations
and/or financial or other incentives involving said business prospect,
including but not limited to negotiations for economic development
incentives with a commercial retailer; with possible action and
discussion in open session.
This E-Session Item was discussed in executive session.
4. Executive Session pursuant to Texas Government Code§
551.072 concerning the purchase, exchange, lease or value of real
property (including areas on or adjacent to McArdle Road)with
possible action and discussion in open session.
This E-Session Item was discussed in executive session.
5. Executive Session pursuant to Texas Government Code§ 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning SOAH Docket No. 473-15-1931.WS,
PUC Docket Number 44050 and wholesale water sales related
litigation, with possible action and discussion in open session.
Mayor Pro Tem Magill referred to Item 5 and stated that the following motion
was discussed in executive session:
Motion authorizing the City Manager or his designee to execute a
Memorandum of Agreement with Nueces County Water Control and
Improvement District#4 regarding SOAH Docket No.473-15-1931.
Council Member Scott made a motion to approve the motion,seconded by
Council Member Garza.This Motion was passed and approved with the
following vote:
Aye: 8- Council Member Garza,Council Member Magill, Council Member
McIntyre, Council Member Riojas, Council Member Rubio, Council
Member Rosas, Council Member Scott and Council Member Vaughn
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: M2015-023
6. Executive session pursuant to Texas Government Code§551.071
for consultation with attorneys regarding fire collective bargaining
negotiations, the Agreement between the City of Corpus Christi and
the Corpus Christi Firefighters Association and/or police association,
with possible discussion, resolution(s), and other actions in open
session concerning any matters related thereto.
This E-Session Item was discussed in executive session.
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7. Executive session pursuant to Texas Government Code§551.076
concerning security personnel and devices, with possible discussion,
resolution(s), and other actions in open session concerning any
matters related thereto.
This E-Session Item was discussed in executive session.
O. FIRST READING ORDINANCES: (ITEMS 21 -23)
21. First Reading Ordinance -Closing a portion of a utility easement
located east of and at the dead-end of the Lands' End Drive public
street right-of-way.
Ordinance abandoning and vacating a 925-square foot portion of an
existing 10-foot wide utility easement out of Lot 32A, Block 16, Rancho
Vista Subdivision Unit 8, located east of and at the dead-end of the
Lands' End Drive public street right-of-way; and requiring the owner,
Yorktown Oso Venture, to comply with the specified conditions.
Mayor Pro Tem Magill referred to Item 21.Director of Development Services
Dan Grimsbo stated that the purpose of this item is to abandon and vacate a
portion of a utility easement to allow for the future development of the Ranch
Vista Subdivision.There were no comments from the Council or the public.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Garza.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Council Member Garza,Council Member Magill, Council Member
McIntyre, Council Member Riojas, Council Member Rubio, Council
Member Rosas, Council Member Scott and Council Member Vaughn
Absent: 1 - Mayor Martinez
Abstained: 0
22. First Reading Ordinance -Engineering contract for City of Corpus
Christi Regional Water Supply Strategic Sustainability Plan
(Tabled on 1/13/15)
Ordinance amending the FY 2015 Capital Improvement Program
Budget adopted by Ordinance No. 030303 to add Project No. E14001
City of Corpus Christi Regional Water Supply Strategic Sustainability
Plan; transferring and appropriating $572,365 from the Unreserved
Fund Balance in No. 4041 Raw Water Supply Development Fund to
and appropriating in the No. 4080 Water CIP Fund for the City of
Corpus Christi Regional Water Supply Strategic Sustainability Plan;
and authorizing the City Manager or designee to execute a
Professional Services Agreement in the amount of$539,967 with
CH2M Hill Engineers, Inc., a Delaware Corporation with a branch
office in Corpus Christi, Texas for the City of Corpus Christi Regional
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Water Supply Strategic Sustainability Plan for technical, public
outreach, strategic planning and associated services.
This Ordinance was withdrawn.
23. First Reading Ordinance -Engineering Construction Contract for
Cefe Valenzuela Landfill Disposal Sector 1B and 1C Re-Bid
Ordinance amending the FY 2015 Capital Improvement Program
Budget adopted by Ordinance No. 030303 by transferring $580,749.23
from Sanitary Landfill 2006 CIP Fund 3362 project reserves to Project
E13035 Cefe Valenzuela Landfill Disposal Sector 1B and 1C;
transferring 74,250.77 from Sanitary Landfill 2008 CIP Fund 3365
project reserves to Project E13035 Cefe Valenzuela Landfill Disposal
Sector 1B and 1 C; increasing the budget by$655,000; and authorizing
the City Manager, or designee, to execute a construction contract with
LD Kemp Excavating, Inc. of Fort Worth, Texas in the amount of
$3,425,921.00 for the Cefe Valenzuela Landfill Disposal Sector 1B and
1C Re-Bid for the total Base Bid plus Additive Alternate 1.
Mayor Pro Tern Magill referred to Item 23.Executive Director of Public Works
Valerie Gray stated that the purpose of this item is to execute a construction
contract with LD Kemp Excavating for the Cefe Valenzuela Landfill Disposal
Sectors 1B and 1C.Ms.Gray provided information on the project scope.There
were no comments from the public.Council members spoke regarding the
following topics: utilization of the dirt after excavation; penalties for exceeding
date of completion;information on funding sources from 2006 and 2008 CIP
funds;and other CIP funds balances awaiting transfers for utilization.Council
Member Garza made a motion to approve the ordinance,seconded by Council
Member Rubio.This Ordinance was passed on first reading and approved with
the following vote:
Aye: 8- Council Member Garza, Council Member Magill, Council Member
McIntyre, Council Member Riojas, Council Member Rubio, Council
Member Rosas, Council Member Scott and Council Member Vaughn
Absent: 1 - Mayor Martinez
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 24-31)
Mayor Pro Tem Magill referred to Future Agenda Items.City Manager Olson
stated that staff did not have any planned presentations.Council members
asked questions regarding Item 30.
24. Authorizing a grant application submission for funding available
under the Victims of Crime Act Fund
Resolution authorizing the submission of a grant application in the
amount of$90,366.92 to the State of Texas, Criminal Justice Division
for funding available under the Victims of Crime Act (VOCA) fund for
the Police Department's Family Violence Unit with a city match of
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$18,592.68 and $4,000 in-kind services for a total project cost of
$112,959.60; and authorizing the City Manager or the City Manager's
designee to apply for, accept, reject, alter or terminate the grant.
This Resolution was recommended to the consent agenda.
25. Authorizing a grant application submission to fund year 3 of the
Victim Outreach Program
Resolution authorizing the submission of a grant application in the
amount of$78,273.18 to the State of Texas, Criminal Justice Division
Victims of Crime Act(VOCA) fund for the Police Department's Family
Violence Unit to continue Year 3 of the Victim Outreach Program with
a City match of$13,368.30 and $6,200 in-kind services, fora total
project cost of$97,841.48; and authorizing the City Manager or
designee to apply for, accept, reject, alter, or terminate the grant.
This Resolution was recommended to the consent agenda.
26. Approving the Purchase of Radar Equipment
Motion approving the purchase of twenty (20) ProLaser radars for the
Corpus Christi Police Department in the amount of$65,335.60 from
Kustom Signals, Inc. Chanute, KS. The award is based on the
cooperative purchasing agreement with the Houston-Galveston Area
Council of Governments (HGAC). Funds are available through the
Crime Control and Prevention District.
This Motion was recommended to the consent agenda.
27. Approving the Lease-Purchase of Aerial Platform Vehicle Unit
Motion approving the lease-purchase of one (1)aerial platform vehicle
unit from Siddons-Martin Emergency Group, Houston, Texas for a total
amount of$1,199,000.00, of which $21,199.88 is required for the
remainder of FY 2014-2015. The award is based on the cooperative
purchasing agreement with the Texas Local Government Purchasing
Cooperative (TLGPC). Financing for the lease-purchase will be
provided through the City's lease-purchase financing contractor.
This Motion was recommended to the consent agenda.
28. Approving the Purchase of the Learning Management
Subscription Licenses
Motion authorizing the City Manager or designee, to approve a five
year agreement for the purchase of Learning Management
Subscription licenses and consulting hours from INFOR (US), Inc.,
Alpharetta, GA in the amount of$257,688. Expenditures for the first
year total $97,688 that includes$57,688 in consulting hours and an
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annual subscription licenses of$40,000. Funds are available in the
Human Resources FY2015 budget and the annual subscription
licenses of$40,000 will be requested through the budget process for
subsequent years.
This Motion was recommended to the consent agenda.
29. Approving the Purchase of Additional Licenses to a Subscription
of Curated Online Courses through OpenSesame
Motion authorizing the City Manager or designee to execute all
documents necessary to approve the purchase of additional
subscription service licenses provided sole source from Open Sesame
Inc, Portland OR, for a total expenditure of$74,580 for the
subscription service for one (1) year. Funds are available in the Human
Resources FY2015 budget.
This Motion was recommended to the consent agenda.
30. Engineering Construction Contract for new office building at J. C.
Elliott Landfill
Motion authorizing the City Manager, or designee, to execute a
construction contract with LNV, Inc. of Corpus Christi, Texas in the
amount of$1,055,000.00 for the J.C. Elliott Landfill New Office
Building for the total Base Bid.
This Motion was recommended to the regular agenda.
31. Approving a resolution opposing a Revenue Cap and Legislative
Interference with Local Services
Resolution of the City of Corpus Christi, Texas, in opposition to a
Revenue Cap and Legislative Interference with Local Services.
This Resolution was recommended to the consent agenda.
Q. BRIEFINGS: (ITEMS 32-35)
32. Drought Update
Mayor Pro Tem Magill referred to Item 32.Executive Director of Utilities Mark
Van Vleck stated that the purpose of this item is to provide information on:the
Drought Update.Mr.Van Vleck presented information on the purpose of the
Drought Contingency Plan;the requirements of the Drought Contingency Plan;
applicable customers;history and agreed order;history of drought triggers;
current update on drought stage;short-term reservoir projection model;stage
3 severe drought response;water supply index;water use by basin;and total
water availability.Council members spoke regarding the following topics:the
combined water supply index;overlaying the drought contingency plan trigger
points based on the combined water supply index;whether there is a process
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to track audit compliance of customers;when to combine the water supply;
re-visting the drought contingency plan keeping in mind the agreed order;the
number of triggers and what occurs at each trigger;when the City is expected
to enter 30%Stage 3 restrictions; businesses'concern that not implementing
Stage 3 would accelerate Stage 4 under the current drought contingency plan;
the reduction impact of once-every-two weeks watering restrictions;the
percentage of the lake reservior capacity at which wholesale customers are not
able to get water from the lake;delaying Stage 3 and 4 restrictions by
triggering Stage 1 and 2 restrictions earlier;the possibility of voluntary
once-every-two-weeks watering;the original drought plan;the available water
supply based on historical rate of consumption;the amount of water used
daily in the region;and communicating the available water supply to the
community.
33. Water Rate Discussion No. 1 -Operations & Maintenance
Mayor Pro Tern Magill referred to Item 33.Executive Director of Utilities Mark
Van Vleck stated that the purpose of this item is to provide the first in a series
of presentations regarding the water rate.Mr.Van Vleck presented information
on the water rate-operation and maintenance expenses including:the current
rate projections;rate review schedule;calculation of unit cost;water system
components; utility bill breakdown;components of costs;the cost
components of the water fund;operation and maintenance costs over the next
20 years;assumptions included in the rate model;cost control measures;
independent of volume costs;water fund expenses;independent of volume
contract costs and services;variable costs;storm water operations and
maintenance and costs.Council members spoke regarding the following
topics:the current rate projection trends for all customers;the 10-year rate
projections for the CIP;the number of discussions on the water rate and the
adoption of the new rate;the calculation of unit cost;the criteria for
adjustments;salary-related expenses;debt payment;whether the future
operation and maintenance cost projections include net present value and
inflation;the funds spent from the water fund on marketing and advertising;
and discussions on potentially removing storm water from the water rate.
34. Overview of City Code of Ethics
Mayor Pro Tem Magill referred to Item 34.Assistant City Attorney Lisa Aguilar
stated that the purpose of this item is to provide an overview of the City's Code
of Ethics and five amendments.Ms.Aguilar presented information on the
history of the Code of Ethics;the Ethics Commission's composition and
duties;the requirements for ethics complaints;the Ethics Commission
procedures;possible sanctions;the general ethical standards;standards and
exceptions concerning gifts,conflicts;violations of laws;ethical standards
related to no substantial interest;recent changes to the Code of Ethics;and
the five proposed amendments to the complaint and hearing process.Ethics
Commission Vice-Chair Karon Connelly was available to respond to questions
and stated that the recommended amendments help to clarify and simplify the
complaint and hearing process.Council members spoke regarding the
following topics:the process for accepting the recommendation from the
Ethics Commission;whether the Ethics Commission has found"loop holes"in
the code;whether the Ethics Commission or City staff have performed a
comparative study of the Code of Ethics with other cities of comparable size to
Corpus Christi;and Council Member Vaughn having personally hiring an
independent service to review the code.
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Council Member Vaughn made a motion directing the City Manager to support
the Ethics Commission in performing a comparative study of ethics ordinances
across Texas,seconded by Council Member McIntyre and passed
unanimously.
35. MPO Bicycle and Pedestrian Plan Review
Mayor Pro Tem Magill referred to Item 35.Executive Director of Public Works
Valerie Gray stated that the purpose of this item is to provide an update on the
revisions to the MPO Bicycle and Pedestrian Plan.Executive Director of the
Metropolitan Planning Organization(MPO)Jeffrey Pollack presented
information on the strategic plan for active transportation,Phase 1 -bicycle
mobility;the five categories of the bicycle mobility plan;the active
transportation plan vision;Phase 1 goals;the schedule for Phase 1;
stakeholders and support.Council members spoke regarding the following
topics:significant focus on commuters inside the current street system;the
ability in future bond issues to build off-street bike trails;network of bike
facilities and off-road systems;short-term goals of the master plan;
communication of this project;incorporating overall air attainment;the
business aspect for ozone reduction;desired outcomes;prescriptive on-road
design;RTA ridership;costs;safety for bike riders;type of facility and
situation specific areas;supporting infrastructure;and how to implement this
plan in the City.
R. LEGISLATIVE UPDATE:
None.
S. ADJOURNMENT
The meeting was adjourned at 7:05 p.m.
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