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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 July 28, 2015 which were approved by the City
Council on August 11 2015.
WITNESSETH MY HAND AND SEAL, on this the 11th day of August, 2015.
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Rebecca Huerta
City Secretary
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�- Meeting Minutes
City Council
Tuesday,July 28,2015 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 Martinez called the meeting to order.
B. Invocation to be given by Father Peter Martinez, St. Paul the Apostle Church.
Father Peter Martinez gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Police
Commander,John Houston.
Police Commander John Houston 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- Mayor Nelda Martinez,Council Member Rudy Garza,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 - Council Member Chad Magill
E. Proclamations I Commendations
1. Proclamation declaring August 2015, "Play Ball Month"
Presentation to Battalion Chief Flores of the Corpus Christi Fire
Department for Achievement of the 2015 Mission: Lifeline®EMS Silver
Level Recognition Award
Presentation of Honorary Citizen Certificates to Six 2015 Sister City
Exchange Students
Mayor Martinez presented the proclamation and made the presentations.
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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 Martinez called for comments from the public. Rick Milby spoke
regarding the need: to repair streets,for a 5%cut across the board for all City
departments and to freeze future spending on projects requiring maintenance.
Juliane Brown reported odors coming from the Greenwood Treatment Plant.
Mary Lou Huffman commented about the need for the repair of streets and bar
ditches on the westside of Corpus Christi. Kyle Pape,Christy Zamora,and
Shirley Thornton spoke in opposition to the Flour Bluff/Padre Island Solid
Waste Transfer Station. Abel Alonzo thanked Assistant City Manager for
Public Works and Utilities,Gus Gonzalez,regarding his efforts during the
recent water boil. Samuel Fryer(reading a letter from his neighbor,Mark
Besonen),Paul McWilliams and Jacob Sierra spoke in opposition to the
right-of-way that is the subject of agenda item 11 on this agenda.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to City Manager's Comments.City Manager Olson
reported on the following topics:
b. OTHER
1. The Oso Wetlands Preserve and Learning Center is set to open this fall. It
will feature education and exhibit space. Comments from the public regarding
the types of programs people may be interested in are encouraged and may be
provided via cctexas.com or the Parks&Recreation Departments Facebook
page.
2. Improvements in the City's system of communication via the following:
ReverseAlert.org;Twitter;Facebook page;www.cctexas.com;Channel 20 and
the City's YouTube channel.
a. STREET OPERATIONS POTHOLE MAINTENANCE
Mr.Olson introduced Valerie Gray,Executive Director of Public Works,who
provided a presentation on Street Operations'Pothole Maintenance,which
included the following topics: the advanced nature of the City's pothole
maintenance;the number of vehicles and personnel involved;the types and
cost of materials used;the repair process;the average cost to repair a pothole
currently stands at$7.21 each;more than 200,000 potholes have been repaired
to date this year;comparison with other cities in Texas;and that the City
utilizes four pot hole crews.
Council members discussed the following topics:
Potholes may be reported by calling 826-CITY or by using the pothole app.;the
response time to repair potholes is three to five days;the use of various
materials and the repair process;pothole repairs matching the level of the
road;the difference between base failures and potholes;the pothole repair
process during adverse weather conditions;the status of progress on the
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Street Preventive Maintenance Program(SPMP);crack sealing;there are 85
field personnel,4 Foremen and 1 Work Coordinator in the Street Department;
the cost of the SPMP and amount paid to contractors for street repairs;the age
of the City's pothole patchers;and follow up with citizens after phothole work
is completed.
b. OTHER
Mr.Olson discussed the following topics concerning the recent boil water
notice: the number of samples that tested positive;re-testing conducted
upstream and downstream of the subject area in Flour Bluff;consultations
with the Texas Commission on Environmental Quality(TCEQ);the need for a
boil order;the fact that the City continues to work to identify the source of
backflow that likely led to the recent contamination of the City's water supply;
the contamination likely came from a private pond or water well;the number of
water wells in the City that are registered with the City;the need to fit wells
with backflow prevention devices;the city manager's authority to require
backflow preventers;the legality of cross-connecting private water supplies to
the City's water system;the distinction between backflow prevention on
irrigation systems versus that which will be required when citizens are
connected to the City's public water system;20psi is the pressure required by
TCEQ for the City's water system;who will pay for the backflow preventers and
their installation;possible payment options for homeowners;and the use of
pressure zones and chlorine burnout crews in the City.
Gus Gonzalez,Assistant City Manager for Public Works and Utilities,provided
a presentation related to the recent water boil notification,covering the
following topics: the City believes this was a single-source contamination
event;the City's reporting system;there are 98 dedicated sample sites within
the City;the frequency of testing;and the City collects more than the required
150 samples per month. Council members discussed the following topics: if
septic systems can contaminate the City's water supply;existing and new
water towers and their air-gap capacity,enabling pressure zones;and the
purchase of water meters and backflow preventers as a single unit and their
cost.
J. MINUTES:
5. Regular Meeting of July 21, 2015
Mayor Martinez deviated from the agenda and called for approval of the
minutes.
Council Member Rubio made a motion to amend the minutes on Page 4,Item 4
(Fire Station#18-Operational Staffing),to correct the vote to reflect that she
voted"No"on the motion of direction to the City Manager made by Council
Member McIntyre and seconded by Council Member Magill. The motion to
amend was seconded by Council Member Scott and passed unanimously. The
minutes were approved,as amended,and passed unanimously(Council
Member Magill-absent).
K. BOARD&COMMITTEE APPOINTMENTS:
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6. Food Service Advisory Committee
Parking Advisory Committee
Mayor Martinez referred to board and committee appointments.The following
appointments were made:
Food Service Advisory Committee
Council Member McIntyre made a motion to appoint George Brown(Food
Industry)and Brian S.Carson(Food Industry),seconded by Council Member
Riojas and passed unanimously(Council Member Magill-absent).
Parking Advisory Committee
Council Member McIntyre made a motion to reappoint Terry Sweeney
(Downtown Management District Nominee),Lawrence Virts(Building Owners&
Management Assoc.Nominee),Richard Durham(Comm.At Large),Darlene
Gregory(Uptown Neighborhood Initiative Nominee)and William L.Hoover
(Residential Living Property Owner in City Center Area),seconded by Council
Member Garza and passed unanimously(Council Member Magill-absent).
Council Member McIntyre made a motion to appoint Samantha R.Harlan
(Downtown Management District Nominee),seconded by Council Member
Riojas and passed unanimously(Council Member Magill-absent).
L. EXPLANATION OF COUNCIL ACTION:
M. CONSENT AGENDA: (ITEMS 7 - 10)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda. There were no comments
from the public or council members.
Council Member Riojas made a motion to approve the consent agenda items,
seconded by Council Member Rosas.The consent agenda was passed by one
vote as follows:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member McIntyre,
Council Member Riojas, Council Member Rubio,Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Magill
Abstained: 0
7. Supply Agreement for Food Items
Motion authorizing the City Manager or designee to execute supply
agreements with the following companies in the following amounts in
accordance with Coastal Bend Council of Governments Bid Invitation
No. CBCOG-15-4 for food items, for an estimated six-month
expenditure of$225,067.49, of which $75,022.49 is required for the
remainder of FY 2014-2015. The terms of the contracts shall be for six
months. Funds are available through the Meals on Wheels Grant.
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LaBatt Food Service Performance Food Group
Corpus Christi, Texas Victoria, Texas
140 Line Items 142 Line Items
$97,747.03 $127,320.46
Grand Total: $225,067.49
This Motion was passed on the Consent Agenda.
Enactment No: M2015-079
8. Interlocal Agreement for a volumetric survey of Lake Corpus
Christi Reservoir
Resolution authorizing the City Manager or designee to execute an
Interlocal Agreement with the Texas Water Development Board in the
amount of$43,518 for a volumetric survey of Lake Corpus Christi
Reservoir.
This Resolution was passed on the Consent Agenda.
Enactment No: 030565
9. Supporting Downtown Management District's application for the
Texas Historical Commission's Main Street Program
Resolution authorizing participation as a Texas Main Street Urban City
and designating city participation.
This Resolution was passed on the Consent Agenda.
Enactment No: 030566
10. Second Reading Ordinance-Authorizing the City Manager or
designee, to execute a surface easement abandonment
agreement at 101 Ocean Way (1st Reading 7/21/15)
Ordinance authorizing the City Manager or designee, to execute a
Surface Easement Abandonment Agreement("Agreement")with
Avinash C. Ahuja and Peggy B. Ahuja ("Permittees"), to construct and
maintain a masonry brick wall, extending approximately 50-square feet
into the public right-of-way while occupying an additional 138-square
feet of public right-of-way (approximately 188 total square feet) of the
present Ocean Way public street right-of-way, subject to Permittees'
compliance with specified conditions.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030567
N. PUBLIC HEARINGS: (ITEM 11)
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11. Public Hearing and First Reading Ordinance-Closing an
undeveloped and unsurfaced portion of a public right-of-way
located south of Holly Road and east of Ennis Joslin Road
Ordinance abandoning and vacating an undeveloped and unsurfaced
21,300.84-square foot portion (0.489 acres) of a 20-foot wide public
right-of-way, out of Lot 1, Section 32, Flour Bluff& Encinal Farm &
Garden Tracts and requiring the owner, MPM Development, LP to
comply with specified conditions.
Mayor Martinez referred to Item 11.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to abandon and vacate a
portion of a twenty-foot wide public right-of-way to align the public
right-of-way in conjunction with Parkview Unit 1 plat Mr.Grimsbo stated that
staff recommends approval of the easement closure and that the Applicant is
in agreement with the recommendations. Mr.Grimsbo noted that the existing
20-foot wide public right-of-way is in the southeast part of what was an
existing 40-foot wide public right-of-way and that the 20-foot wide east portion
of the 40-foot wide public right-of-way was abandoned and vacated by City
Ordinance 026171 on March 8,2005.
A Council Member asked what is the purpose of this public easement Mr.
Grimsbo said it will be utilized by the developer to build houses on. City
Manager Olson stated that it is typically the City's policy to sell easements if
they were originally purchased by the City and to donate easements when the
City did not originally pay for the easement.
Council Members discussed the following topics: the proposed use of the
land for the construction of residential homes versus its use as a street;the
original developer's intent to develop the subject land as part of a
hike-and-bike trail;selling easements if they were originally purchased by the
City and donating easements when the City did not originally pay for the
easement;and the effect of leaving the easement behind homes and the City's
responsibility to maintain said easements.
Mayor Martinez opened the public hearing. Samuel Fryer spoke regarding use
of the easement as a trail tie-in to connect to Oso Creek Park's hike-and-bike
trails and the resulting increase in public safety and property values and that
its development as a hike-and-bike trail will provide safe-passage to other
neighborhood roads and trails;and the lack of shoulders and sidewalks on
Holly Road. Jeff Krack spoke in support of use of the easement as a
hike-and-bike trail;the lack of sidewalks and shoulders on Holly Road and the
related safety risks;and his concern as to how the electric company will
access power lines to make repairs as they currently do using the existing
right-of-way that is the subject of this agenda item. A Council Member asked
about access to the power lines. Assistant Director of Development Services
Julio Dimas said there is to be retained,a 15-foot wide easement,centered on
the power poles,that allows for access. Mr.Dimas also discussed the process
of notifying all utilities regarding this agenda item. Anthony Gavlik and Allison
Cortinas advocated for retaining the 20-foot wide easement to be used as a
hike-and-bike trail,as was planned by the original developer. Mayor Martinez
closed the public hearing.
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Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Scott.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Garza,Council Member McIntyre,
Council Member Riojas, Council Member Rosas and Council Member
Scott
Nay: 2- Council Member Rubio and Council Member Vaughn
Absent: 1 - Council Member Magill
Abstained: 0
P. REGULAR AGENDA: (ITEMS 13 -14)
13. Second Reading Ordinance-Rezoning property located at 10113
Up River Road (Tabled on 5/19/15) (1st Reading 6/16/15)(3/4 Vote
Required)
Case No. 0415-05 AAF-Vantage at Corpus Christi.: A change of
zoning from the"RS-6" Single-Family 6 District to the"RM-1"
Multifamily 1 District, resulting in a change to the Future Land Use Plan
from commercial and medium density residential to medium density
residential. The property is described as being 19.74 acres out of the
remainder of a 20.26 acre tract described as Parcel 5, in a Special
Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie,
Jr. Family Limited Partnership, located on the south side of Up River
Road between Deer Run Drive and Carbon Plant Road.
Planning Commission and Staff Recommendation (April 22, 2015):
Approval of the change of zoning from the"RS-6" Single-Family 6
District to the"RM-1" Multifamily 1 District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by AAF-Vantage at Corpus Christi, Inc. ("Owner"), by
changing the UDC Zoning Map in reference to 19.74 acres out of the
remainder of a 20.26 acre tract described as Parcel 5, in a Special
Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie,
Jr. Family Limited Partnership, from the"RS-6" Single-Family 6 District
to the"RM-1" Multifamily 1 District; amending the Comprehensive Plan
to account for any deviations; and providing for a repealer clause and
publication.
Mayor Martinez deviated from the agenda and referred to Item 13. Director of
Development Sevices Dan Grimsbo stated that the purpose of this item is to
rezone approximately 19 acres located on the southside of Up River Road
between Deer Run Drive and Carbon Plant Road,from the current zoning of
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"RS-6"Single-Family 6 District to the"RM-1"Multifamily 1 District to allow for
an approximately 288-unit apartment complex. The first reading of this item
occurred on June 16,2015. Since then,Mr.Grimsbo said: there were a
number of meetings between the City,the developer and Tuloso-Midway
Independent School District(TMISD);and the developer and TMISD have
agreed to an agreement that is included in the background information for this
agenda item and which must still be approved by the TMISD's Board of
Trustees.
Mayor Martinez called for comments from the public. Robert Johnson,Cesar
Torres,Michelle Flower and Mario Guerra,spoke in opposition to the zoning
change and discussed the following topics: traffic concerns due to a potential
housing development directly across from the primary school;garbage trucks
going through the housing development not being a desirable solution;
drainage issues;concerns regarding sewage lines and water pressure;
concerns about school children's safety;the perception that city council
members"push items through"irrespective of citizens'desires;that the
TMISD's Board of Trustees has not approved the agreement between the
developer and TMISD;the displacement of wildlife as a result of the
development of the subject property;and that approximately 160 citizens in
total are in opposition to this multi-family development and prefer that
single-family residences be built instead.
Council Members spoke regarding the following items: good public policy
versus good politics;drainage issues;traffic volume;and that the rate of
objections is 36.97%,which requires a three-fourths vote of City Council to
approve this item. John Condit,respresenting the developer,stated: the
developer amended its traffic study to take into account the 77-unit housing
development that is to be built directly across from the TMISD primary school;
and that the developer and TMISD have agreed that the developer will give
TMISD approximately 5133,000 to resolve traffic issues at the primary school,
pending approval of the TMISD's Board of Trustees. Council Members also
spoke about: water pressure considerations;the shortage of housing in the
city;traffic concerns and possible solutions;and students'safety.
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Member Vaughn. This Ordinance was passed on second reading
and approved with the following vote:
Aye: 7- Mayor Martinez, Council Member Garza,Council Member McIntyre,
Council Member Riojas, Council Member Rosas,Council Member Scott
and Council Member Vaughn
Nay: 1 - Council Member Rubio
Absent: 1 - Council Member Magill
Abstained: 0
Enactment No:030569
City Manager Olson expressed concern that over the last few years,zoning
cases before City Council have become a referendum on a specific project and
the design and engineering features that go along with that project Instead,
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zoning decisions are intended to deal with overall land use and the City's
ordinances and the Planning Commission are to deal with the design features
and the details of each project. Mr.Olson advised that the City Council should
deal with zoning issues with respect to how the zoning change complies with
the City's Master Plan and community goals.
H. EXECUTIVE SESSION: (ITEM 2)
Mayor Martinez deviated from the agenda nd referred to the day's executive
session. The Council went into executive session.
2. Executive session pursuant to Texas Government Code§ 551.071
for consultation with attorneys regarding collective bargaining
negotiations and/or the collective bargaining agreements between the
City of Corpus Christi and the Corpus Christi Firefighters'Association
and/or Corpus Christi Police Officers' Association.
This E-Session Item was discussed in executive session.
BRIEFINGS: (ITEMS 3 -4)
3. Funding Options (Part 3)for Residential/Local Street
Reconstruction Plan
Mayor Martinez deviated from the agenda and referred to Item 3. Director of
Financial Services Constance Sanchez stated that the purpose of this item is a
follow up discussion to the July 21,2015 presentation of funding options to
address the residential/local street reconstruction plan where the City Council
approved a motion to direct city staff to bring back additional information
regarding property tax scenarios. Ms.Sanchez presented eight(8)funding
options,each divided into debt funding and cash funding.
Council Members discussed the following topics: the point at which citizens
begin paying on bonds;the pros and cons of funding utilities with general
obligation bonds;the affect of a property tax increase on homeowners age 65
and older;the pay-as-you-go cash funding option versus the debt option;the
impact on utility rates;the use of debt for the utility portion of expenditures
and cash for the street repair portion of expenditures;stormwater
considerations; prioritization of street repairs,taking into consideration the
cost of utility work required;a tax rate increase cap of the lesser of eight cents
or$20 million; related tax writeoffs;Corpus Christi's property tax rate as
compared to that of other cities in Texas;a tax rate that exceeds the rollback
rate;the possiblity and timeline of a citizen rollback petition leading to a
property tax rollback election;Texas law does not allow cities to conduct tax
ratification elections;the timeline for conducting a property tax rollback
election,which,if required,would likely occur at about the beginning of April
2016;the City's capacity to do up to$20 million in street and/or utility work
each year;the inclusion of related design,project managment and testing
expenses into these costs and not being funded by other means;if a mid-year
increase in the property tax rate is possible;that the City maintains 852 miles
of residential streets; utility and property tax rates should be put on the City's
web site;using a multi-year stepped approach to funding and completing
street repairs;ensuring the work is packaged such that when it is
competitively procured,it is large enough to attract contractors to ensure there
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is sufficient contractor capacity to ensure the work is completed;and that a
consensus of the council members is that Options 4 through 8 are not feasible
and should,therefore,not be considered.
MOTION OF DIRECTION
Council Member McIntyre made a motion directing the city manager to provide
a report to the City Council of his analysis of a program with$20 million a year,
for 10 years,with a cap of an eight cent ad valorem tax,including projections
for utility rate increases if added to utility rates versus to ad valorem taxes,
seconded by Council Member Garza and passed unanimously(Council
Member Magill-absent).
Mayor Martinez called for a brief recess.
4. Discussion on Section 7 of the Financial Budgetary Policies
Mayor Martinez referred to Item 4. Director of Financial Services Constance
Sanchez stated that the purpose of this item is a follow up discussion to the
July 21,2015 presentation of funding options to address the residential/local
street reconstruction plan and the City Council's motion of direction directing
city staff to present Section 7 of the Financial Budgetary Policies to City
Council at the City Council meeting of July 28,2015. City Manager Olson
stated he is seeking very specific direction on how the City Council wants to
change the policy and how changes to the policy will impact the General Fund.
Council Members spoke regarding the following topics: reviewing the policy in
conjuction with the budget and waiting until the Council is provided with the
budget before considering changes to this policy.
MOTION OF DIRECTION
Council Member Rubio made a motion to review this policy after the City
Council has received the budget,seconded by Council Member Riojas and was
approved unanimously(Council Member Magill-absent).
O. ONE READING ACTION ITEM: (ITEM 12)
12. Resolution of authorization to execute the Notification for
Additional Funding in 2015(Street Maintenance Program)from
the Regional Transportation Authority (RTA)
Resolution authorizing the City Manager or designee to execute the
"Notification for Additional Funding in 2015 (Street Maintenance
Program)" in an amount of$2,658,487.00 for the Corpus Christi
Regional Transportation Authority's fiscal year 2015 allocation to the
City's Street Preventative Maintenance Program projects.
Mayor Martinez deviated from the agenda and referred to Item 12. City
Manager Olson stated that the City has an agreement with the Regional
Transportation Authority(RTA)that is driven by a formula,that takes into
consideration numerous factors regarding streets,in order to determine the
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amount of money the RTA will contribute to the City for the maintenance of
City streets. Mr.Olson said there have been meetings and dialogue with the
RTA regarding increasing the RTA's contribution. However,the RTA has
notified the City that it will not be able to provide any contributions other than
that which is calculated using the formula. Due to potential political
implications,Mr.Olson stated that,although he can execute this under his
administrative authority as City Manager,he decided to bring this before the
City Council and is seeking authorization to execute the agreement.
Council Members discussed the following: meetings with the RTA;the RTA's
budget and contribution constraints;disappointment that the RTA will not
contribute more toward the maintenance and reconstruction of City streets;a
desire for ongoing dialogue with the RTA regarding increasing the RTA's
contribution amounts;factoring into the RTA's contribution,ADA-related
construction related to streets;current repairs paid for by the RTA-
particularly at and near bus stops;the RTA's contribution is part of what
makes up the Street Preventative Maintenance Program Fund;and securing
financial assistance from the RTA regarding reconstruction projects on streets
that may be considered multi-modal.
Director of Fiinancial Services Constance Sanchez clarified the following
items: a typographical error in the Resolution in the fifth"Whereas"regarding
the amount received from the RTA in FY2015 as being$2.401 million,instead of
the$2.041 million reflected in the Resolution as presented to the City Council;
where the Resolution indicates FY2015 funding,it is referencing the RTA's
January through December 2015 budget year,which is the City's FY2016
budget year;and that these clarifications do not require an amendment to the
Resolution. There were no comments from the public.
Council Member Garza made a motion to approve the resolution,seconded by
Council Member Riojas. This Resolution was passed and approved with the
following vote:
Aye: 8- Mayor Martinez, Council Member Garza,Council Member McIntyre,
Council Member Riojas,Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Magill
Abstained: 0
Enactment No:030568
14. Second Reading Ordinance-Sale of Seven Surplus City
Properties(1st Reading 6/23/15)
Ordinance declaring seven properties listed in the attached "Exhibit A-
List of Surplus Property to be Sold" as surplus property, all of which
are small in acreage; authorizing the sale of each to the public by
sealed bid with minimum bid requirements; and authorizing the City
Manager or designee to execute the deeds and any related documents
necessary to complete the sales and convey the properties.
Mayor Martinez deviated from the agenda and referred to item 14. Assistant
City Manager for Public Works and Utilities Gus Gonzalez stated that the
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purpose of this item is to declare the seven properties in the attached Exhibit A
-List of Surplus Property as surplus property,all of which are small in acreage;
authorizing the sale of each to the public by sealed bid,with minimum bid
requirements,and authorizing the city manager or designee to execute the
deeds and any related documents necessary to complete the sale and convey
the properties. Mr.Gonzalez stated that: the U.S.Navy would like the Anchor
Street property to be conveyed to them,by sale,as part of the clear-zone
mapping area and that the Corpus Christi Business and Job Development
Corporation(Type A)has requested that the City Council set aside 502 and 508
18th Street and 2034 Mary Street for affordable housing. There were no
comments from the public.
Council Members spoke regarding the following topics: the City Council's and
the Type A's process regarding the identification of City properties to be used
for affordable housing and the need to align the City Council and Type A Board
regarding affordable housing.
Council Member McIntyre made a motion to amend the ordinance to set aside
the Anchor Street property for the U.S.Navy,seconded by Council Member
Scott,and approved unanimously. Council Member McIntyre made a motion to
approve the ordinance,as amended,seconded by Council Member Riojas.
This Ordinance was passed on second reading,as amended,and approved
with the following vote:
Aye: 7- Mayor Martinez, Council Member McIntyre, Council Member Riojas,
Council Member Rubio,Council Member Rosas,Council Member Scott
and Council Member Vaughn
Nay: 1 - Council Member Garza
Absent: 1 - Council Member Magill
Abstained: 0
Enactment No: 030570
Q. FIRST READING ORDINANCES: (ITEMS 15 - 19)
15. First Reading Ordinance-Amending the City Code of Ethics
complaint procedures
Ordinance amending Sections 2-330 and 2-334 of the City Code to
amend the City's Code of Ethics regarding the complaint form and
procedures; and providing for publication.
Mayor Martinez referred to Item 15. City Attorney Miles K.Risley stated that the
purpose of this item is to amend Section 2-330 and 2-334 of the City Code to
amend the City's Code of Ethics regading the complaint form and procedures
and provide for publication. This Ordinance will: 1)Amend the complaint
process to include unsworn(un-notarized)declarations under the Unsworn
Declaration Act that are signed under penalty of perjury;2)Clarify that"rules"
of conduct in the complaint section is referring to the Rules of Conduct at
Section 2-311 of the Ethics Code;3)Clarify that a person complained against
has 10 calendar days to submit a written response to the complaint;4) Reduce
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the number of votes required to find a violation from a majority of the
Commission(5 votes)to a majority of a quorum present at the meeting;and 5)
To clarify that the Ethics Commission provides notice to the City Council of
any violations regarding Council appointees,and provides notice to the City
Manager of any other violations. There were no comments from the public or
the Council.
Council Member Scott made a motion to approve the ordinance,seconded by
Council Member Riojas. Mayor Martinez recognized the Chair of the Ethics
Commission,Dr.Haysam Dawod. Dr.Dawod stated that the Ethics
Commission is committed to improving the Code and making sure that it is
up-to-date. This Ordinance was passed on first reading and approved with the
following vote:
Aye: 8- Mayor Martinez,Council Member Garza,Council Member McIntyre,
Council Member Riojas, Council Member Rubio,Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Magill
Abstained: 0
16. First Reading Ordinance-Amending City Code related to interest
rates for voluntary assessment projects,and approving the final
assessment roll for improvements made on Vaky Street, Ivy Lane,
and Clare Drive (Bond 2008)
Ordinance amending Chapter 49, Article II, Section 49-21 "Required
Improvements; Policy on Assessments"; Amending Ordinance 029769
Passed and Approved on March 19, 2013, to adopt the final
assessment roll and assessments to be levied against the owners of
property abutting on Vaky Street from Swantner Drive to Reid Drive,
Ivy Lane from Gollihar Road to Home Road and Clare Drive from
South Padre Island Drive to McArdle Road (The "Project") (Bond
2008)
Mayor Martinez referred to item 16. Executive Director of Public Works Valerie
Gray stated that the purpose of this Item is to adopt a final assessment roll and
assessments to be levied for the Bond 2008 Street Voluntary Paving
Assessment Project. The project included three streets: Vaky Street,Ivey
Lane and Clare Drive. This item also: changes the interest rate for
assessment payments made through the installment program to a fairer rate,in
accordance with the ordinance;and amends the preliminary assessment roll to
reflect the revised and final project costs to the property owners. Ms.Gray
further stated that there were 96 properties abutting the three streets and that
once the Council approves the final assessment roll,the information will be
filed with Nueces County and assessment accounts will be set up. There were
no comments from the public or the Council.
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Member Scott. This Ordinance was passed on first reading and
approved with the following vote:
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Aye: 8- Mayor Martinez,Council Member Garza, Council Member McIntyre,
Council Member Riojas, Council Member Rubio,Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Magill
Abstained: 0
17. First Reading Ordinance- Lease Agreement for hangar and office
space for air ambulance and charter flight service
Ordinance authorizing the City Manager or designee to execute a
lease agreement with Sterling Air Service for hangar, office and
parking space at Corpus Christi International Airport for a period of 18
months.
Mayor Martinez referred to Item 17. Director of Aviation Fred Segundo stated
that the purpose of this Item is to authorize the City Manager to execute an
18-month lease agreement with Sterling Air Service to provide air ambulance
and charter flight services to the Coastal Bend Region from the Corpus Christi
International Airport;the leasehold is approximately 15,000 square feet and
includes: parking,office and hangar space;all rental fees have been set at fair
market value,based on an Airport Appraisal Report,that is adjusted every five
years;the lease will allow Sterling Air Service to provide needed aeronautical
services and time to plan and develop new facilities at the airport in the future;
and the Airport Board is recommending approval of this Item. There were not
comments from the public or the Council.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Scott. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor Martinez,Council Member Garza,Council Member McIntyre,
Council Member Riojas, Council Member Rubio,Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Magill
Abstained: 0
18. First Reading Ordinance-Appropriating funds for routine airport
maintenance
Ordinance appropriating $50,000 from Texas Department of
Transportation's Routine Airport Maintenance Program (RAMP) Grant
(CSJ No. M1516CORP) in the No. 1055 Airport Grants Fund to fund
airport maintenance at Corpus Christi International Airport.
Mayor Martinez referred to Item 18. Director of Aviation Fred Segundo stated
that the purpose of this Item is to appropriate 550,000 from the Texas
Department of Transportation's(TXDOT)Routine Airport Maintenance Program
Grant for maintenance at the Corpus Christi International Airport. Mr.Segundo
stated that the City approved submittal of the TXDOT grant on April 14,2015
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and appropriated funding for eligible grant projects on June 9,2015;the
Airport has started work on the eligible projects,which is painting of the
terminal canopies in front of the airport and this ordinance will allow the
Airport to be reimbursed for a grant-eligible amount of$50,000. There were no
comments from the public or the Council.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Riojas. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor Martinez,Council Member Garza,Council Member McIntyre,
Council Member Riojas, Council Member Rubio,Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Magill
Abstained: 0
19. First Reading Ordinance-Amending the City Code to create
credit access business regulations
Ordinance amending the Corpus Christi Code of Ordinances by adding
a new chapter, Chapter 5, Business Regulations; Creating Chapter 5,
Article I -CREDIT ACCESS BUSINESSES to set forth registration
requirements and credit extension guidelines for credit access
businesses; providing for severance; providing for publication;
providing for penalty; and providing an effective date.
Mayor Martinez referred to Item 19. Director of Intergovernmental Relations
Tom Tagliabue stated that the purpose of this ordinance is to register and
regulate Credit Access Businesses(CAB)operating within the city limits of
Corpus Christi. Mr.Tagliabue discussed the following items: CABs are also
known as payday or auto title lenders;25 cities in Texas have adopted an
ordinance regulating CABs,covering 25 percent of the state's population; if
Corpus Christi becomes the 26th city in Texas to adopt the ordinance,about
one-third of Texas'population will be covered by these ordinances;there are
currently 58 licensed CABs in the city limits of Corpus Christi,most of which
are concentrated in City Council Districts 2 and 3;statistics on the number of
CABs in the Corpus Christi Metropolitan Statistical Area;an ordinance
timeline;if approved,the ordinance will go into effect 90 calendar days after it
is approved(November 2,2015);highlights of the compliance program;
registration highlights;key features of model regulations;the Consumer
Service Alliance of Texas,an industry group of payday lenders,wrote to the
City opposing the ordinance;United Way and Catholic Charities have written
letters supporting the ordinance;the Consumer Financial Protection Bureau
(CFPB)has proposed an outline for proposed rules for payday lenders;and
that the actual rules are not proposed to come out until the fall of 2015.
Council members discussed the following topics:that the CFPB is a
stand-alone agency with no oversight from the U.S.Congress;CABs charge
exhorbitant interest rates;it is not the City's responsibility to regulate this
industry;the City Council is overstepping its authority in regulating this
industry;people should be accountable for their own actions;how exhorbitant
interest rates charged by this industry increases the need for social services in
our community;and loan agreements are set up by payday lenders with the
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expectation that borrowers will not be able to pay the money back.
Mr.Tagliabue stated that under the new ordinance,lenders must register with
the Development Services Department;and consumer complaints will be
accepted by the Development Services Department and prosecuted by the City
Attorney's Office. City Attorney Miles K.Risley stated that prosecutions will
initially be focused on the registration component; prosecution of a
businesses will be as a last resort and will be with respect to the legality of
their lending documents. Council Members further spoke regarding the
following topics: payday lenders'business models are designed to have the
client not succeed in paying off a loan;because the federal and state
governments will not regulate these businesses,the City must do so to protect
consumers;and whether more staff will need to be hired to enforce this
ordinance. There were no comments from the public.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Riojas. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Mayor Martinez,Council Member Garza,Council Member McIntyre,
Council Member Riojas, Council Member Rubio, Council Member Rosas
and Council Member Scott
Nay: 1 - Council Member Vaughn
Absent: 1 - Council Member Magill
Abstained: 0
R. FUTURE AGENDA ITEMS: (ITEMS 20 -23)
Mayor Martinez referred to Future Agenda Items. City Manager Olson stated
that staff did not have any planned presentations.
20. Service Agreement for Preventative Maintenance of the
Breakpoint Chlorination System
Motion approving a service agreement with Grace Water Services,
LLC, of Katy, Texas based on Local Government Code Sec. 252.022
General Exemption, a procurement necessary to preserve or protect
the public health or safety of the municipality's residents, for a total
amount of$194,660.00. The term of the contract will be for twenty-four
months with options to extend for up to three additional twelve-month
periods, subject to the approval of the Contractor and the City
Manager or designees. Funds have been budgeted by the Utilities
Department in FY 2014-2015.
This Motion was recommended to the consent agenda.
21. Supply Agreement for Hot Mix Asphalt
Motion rescinding the award made on June 16, 2015 to HAC
Materials, Ltd., Corpus Christi, Texas due to naming the incorrect
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supplier of the primary award and properly awarding to the following
suppliers for hot mix asphalt, based on lowest responsible bid,
awarding primary and secondary agreements, in accordance with Bid
Event No. 5 for an estimated semi-annual expenditure of $989,085 of
which $659,390 is required for FY 2014-2015. The term of the
agreements will be for six months with options to extend for up to five
additional six month periods, subject to the approval of the suppliers
and the City Manager or designee. Funds have been budgeted by
Street Services in FY 2014-2015.
Haas Anderson
Construction Ltd. Bay, Ltd.
Corpus Christi, Texas Corpus Christi, Texas
$936,937.50 $52,147.50
Primary Supplier Secondary Supplier
Grand Total: $989,085.00
This Motion was recommended to the consent agenda.
22. Supply Agreement for Emulsion Oil (SS-1)
Motion authorizing the City Manager or designee to execute a supply
agreement with Ergon Asphalt& Emulsions, Inc., Austin, Texas for
Emulsion Oil (SS-1) in accordance with Bid Event No. 4, based on only
bid, for an estimated six month expenditure of$79,450.00 of which
$13,241.67 is required for FY 2014 -2015. The term of the contract
will be for six months with an option to extend for up to five additional
six-month periods, subject to the approval of the supplier and the City
Manager or designee. Funds have been budgeted by the Street
Services Department in FY2014 -2015.
This Motion was recommended to the consent agenda.
23. Purchase Video Collaboration Technology for Corpus Christi
Police Department and City video operations
Motion authorizing the City Manager or designee to approve the
purchase of information technology equipment from Data Projections
for a Police Department Intelligence Command Center with
communication links to the City Emergency Operations Center(EOC)
and designated entities fora total expenditure of$114,741.64. Data
Projections is a State of Texas vendor, number DIR-SDD-11. Funds
are available in the Municipal Information Systems Department
FY2014-2015 budget.
This Motion was recommended to the consent agenda.
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S. LEGISLATIVE UPDATE:
None.
T. ADJOURNMENT
The meeting was adjourned at 8:04 p.m.
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