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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 October 27, 2015 which were approved by the City
Council on November 10, 2015.
WITNESSETH MY HAND AND SEAL, on this the 10th day of November, 2015.
P - _ : i& .A
Rebecca Huerta
City Secretary
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City Council
Tuesday,October 27,2015 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 Dr. Bob Eckert.
Dr.Bob Eckert gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Arlene
Medrano, Executive Assistant to Assistant City Manager, General Government
and Operations Support(to be followed by related comments by Pastor Rick
Milby).
Executive Assistant to Assistant City Manager,Arlene Medrano 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
City 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: 9- Mayor Nelda Martinez,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
E. Proclamations/Commendations
1. Proclamation declaring October 28, 2015, "HELP Hits the High Notes
Day".
Proclamation declaring November 5, 2015, "International Project
Management Day".
Proclamation declaring November 6, 2015, "Texas Arbor Day".
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Proclamation declaring November 7, 2015, "Face to Face Coastal
Bend Walk for Memory".
Proclamation declaring November 9-14, 2015, "The 240th Marine
Corps Birthday Week".
Mayor Martinez presented the proclamations.
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 referred to comments from the public.Carolyn Moon,4902
Calvin,spoke regarding storm water mitigation around Oso Creek.Robin
Romo,4718 Lake Huron,spoke regarding damage to her property caused by a
sewer line and lack of an easement.Ms.Romo said her property has been
foreclosed on and her family is being evicted.City Manager Ron Olson stated
that the City has thoroughly investigated the issue and there is nothing more
the City can do.City Manager Olson said staff has invited Ms.Romo to submit
a claim.Jack Gordy,4118 Bray Drive,spoke regarding the following topics: his
seventh public information request for information granting the City of Corpus
Christi a grace period to remove the palm trees on Airline Road;a letter
submitted by the United States Justice Department to the City Council;and
compliance with ADA regarding the ramp located on the Lipan Street entrance
to City Hall.Susie Luna Saldana,4710 Hakel,thanked the City for filling the
cracks on her street.Ms.Saldana also thanked Council Members Rubio and
Vaughn for their comments at the last Council meeting and stated that she was
proud to have council members that speak their mind.Shirley Thornton,1917
Woodcrest Drive,referred to the last Council meeting where Andy Taubman
shared his plan for addressing the residential street problem.Ms.Thornton
asked that the City Council give the newly created Ad Hoc Residential Street
Infrastructure Advisory Committee a proper chance to find a solution to the
street problems.Phillip Ramirez,322 Santa Monica Drive,provided a brief
overview on the Planning Commission's review process and final report
recommendations regarding Plan CC 2035.Chuck Anastos,346 Del Mar
Boulevard,referred to previous comments made regarding the Lipan Drive
entrance to City Hall and provided a brief history of the initial ramp project to
make the Lipan Drive entrance more accessible.Errol Summerlin,Citizens
Alliance for Fairness and Progress,spoke regarding Plan CC 2035 addressing
the Hillcrest neighborhood as a"transition"designation.Mr.Summerlin stated
that Plan CC 2035 should include language that refers to the Hillcrest area as a
unique situation that requires special attention,with a long-term process and
options for residents that want to stay or leave the neighborhood.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to City Manager's Comments.City Manager Ron Olson
reported on the following topics:
a. OTHER
1)Red tide has infiltrated the City's beaches and bays for the last two to three
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weeks.City crews have collected approximately 32 tons of dead fish from
North Beach to Coopers Alley and the Barge Dock.City Manager Olson stated
that hopefully the red tide bloom will subside with cooler weather.2)The
Emergency Operations Center(EOC)was activated at 7:00 a.m.on Saturday,
October 24,2015 through Sunday afternoon,October 25,2015.The EOC has
adopted the National Incident Management System(NIMS)process.This
system provides a consistent way to manage emergency operations during
disasters.This weekend's storm resulted in only minor incidents and City
Manager Olson stated that the believes the EOC system is ready if the City
should have to deal with a real emergency.3)The Mayor's Fitness Council will
host a Kites and Bikes Festival on Saturday,November 7,2015 from 11:00 a.m.
to 5:00 p.m.at McCaughan Park.The event will include stunt kite flying
demonstrations,fitness activities for the family,a farmer's market,bicycle
safety demonstrations,and various give-a-ways.
H. MINUTES:
2. Regular Meeting of October 20, 2015
Mayor Martinez referred to approval of the minutes.Council Member McIntyre
made a motion to approve the minutes,seconded by Council Member Rosas
and passed unanimously.
I. BOARD & COMMITTEE APPOINTMENTS: (ITEM 3)
3. Ad Hoc Residential Street Infrastructure Advisory Committee
Mayor Martinez referred to Item 3.The following appointments were made:
Ad Hoc Residential Street Infrastructure Advisory Committee
Council Member Scott made a motion to support the nine candidates
nominated by each individual council member,seconded by Council Member
McIntyre.The candidates were as follows:Mayor Nelda Martinez-Toby Futrell;
Council Member Magill-Andy Taubman;Council Member Riojas-Leah
Olivarri;Council Member Scott-Rex Kinnison;Council Member Vaughn-Alan
Guggenheim;Council Member Rosas-Richard D.Stracener;Council Member
Rubio-Kyle Pape;Council Member McIntyre- David Loeb;and Council
Member Garza-Javier Huerta.A brief discussion ensued regarding
clarification of the appointment process.Council Member Scott withdrew his
motion.Council Member McIntyre withdrew her second.
Each council member stated their reasons for nominating their candidate.
Council Member Garza made a motion to appoint Toby Futrell,seconded by
Council Member Scott.The motion was was passed and approved with the
following vote:Martinez,Rosas,Riojas,Magill,Garza,Scott,Rubio,Vaughn,
and McIntyre,voting"Aye".
Council Member Magill made a motion to appoint Andy Taubman,seconded by
Council Member McIntyre.The motion was passed and approved with the
following vote:McIntyre,Vaughn,Rubio,Scott,Martinez,Garza,Magill,Riojas,
and Rosas,voting"Aye".
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Council Member Riojas made a motion to appoint Leah Olivarri,seconded by
Council Member McIntyre.The motion failed with the following vote: Riojas,
Martinez,Scott,and McIntyre,voting"Aye";Rosas,Magill,Garza,Rubio,and
Vaughn,voting"No".
City Secretary Huerta announced that Council Member Riojas had submitted
Chris Duff as her second nominee.Council Member Rubio made a motion to
appoint Chris Duff,seconded by Council Member Riojas.The motion was
passed and approved with the following vote:Martinez,Scott,Garza,McIntyre,
Riojas,and Rubio,voting"Aye";Vaughn,Magill,and Rosas,voting"No".
Council Member Scott made a motion to appoint Rex Kinnison,seconded by
Council Member McIntyre.The motion failed with the following vote:Martinez,
Scott,McIntyre,and Riojas,voting"Aye";Vaughn,Garza,Magill,Rosas,and
Rubio,voting"No".
Council Member Scott made a motion to appoint J.J.Hart,seconded by
Council Member McIntyre.The motion failed with the following vote: Martinez,
Scott,McIntyre,and Riojas,voting"Aye";Vaughn,Garza,Magill,Rosas,and
Rubio,voting"No".
Council Member Vaughn made a motion to appoint Alan Guggenheim,
seconded by Council Member Magill.The motion was passed and approved
with the following vote:Martinez,Scott,Vaughn,Garza,Magill,McIntyre,
Riojas,Rosas,and Rubio,voting"Aye".
Council Member Rosas made a motion to appoint Richard D.Stracener,
seconded by Council Member McIntyre.The motion was passed and approved
with the following vote:Martinez,Scott,Vaughn,Garza,Magill,McIntyre,
Riojas,Rosas,and Rubio,voting"Aye".
Council Member McIntyre made a motion to appoint Kyle Pape,seconded by
Council Member Rubio.The motion was passed and approved with the
following vote:Martinez,Scott,Vaughn,Garza,Magill,McIntyre,Riojas,Rosas,
and Rubio,voting"Aye".
Council Member McIntyre made a motion to appoint David Loeb,seconded by
Council Member Scott.The motion failed with the following vote:Martinez,
Scott,McIntyre,and Riojas,voting"Aye";Vaughn,Garza,Magill,Rosas,and
Rubio,voting"No".
City Secretary Huerta announced that Council Member McIntyre also submitted
the following nominees:J.J.Hart,Darrell Scanlan,and Manuel Pena.Council
Member McIntyre made a motion to appoint Darrell Scanlan,seconded by
Council Member Scott.The motion was passed and approved with the
following vote:Martinez,Scott,Garza,McIntyre,Riojas,and Rubio,voting
"Aye";Vaughn,Magill,and Rosas,voting"No".
Council Member Garza made a motion to appoint Javier Huerta,seconded by
Council Member Rubio.The motion was passed and approved with the
following vote:Martinez,Scott,Vaughn,Garza,Magill,McIntyre,Riojas,Rosas,
and Rubio,voting"Aye".
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Council Member Scott made a motion to appoint James Skrobarczyk,Sr.,
seconded by Council Member Rubio.The motion was passed and approved
with the following vote:Martinez,Scott,Garza,McIntyre,Rosas,and Rubio,
voting"Aye";Vaughn,Magill,and Riojas,voting"No".
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 4-23)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda.There were no comments from
the Council or the public.A motion was made by Council Member Magill,
seconded by Council Member Rubio,to approve the Consent Agenda.The
consent agenda items were approved by one vote as follows:
Aye: 9- Mayor Martinez, 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
Abstained: 0
4. Interlocal Agreement for Latchkey Program at Calallen ISD
Resolution authorizing the City Manager or designee to execute an
Interlocal Agreement with Calallen Independent School District for
continued operation of the City Latchkey Program at Calallen ISD.
This Resolution was passed on the Consent Agenda.
Enactment No:030662
5. Design-Build Agreement for the Signs/Signals Operations -New
Shop and Office Facility (Bond 2012) Project
Motion authorizing the City Manager, or designee, to execute a
Design-Build Agreement with Fulton Coastcon General Contractors of
Corpus Christi, Texas in the amount of$2,280,000 for the
Signs/Signals Operations- New Shop and Office Project for the Base
Bid plus Additive Alternate Nos.1 and 2.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-119
6. Professional Monitoring Contract for Packery Channel Monitoring
for Fiscal Year 2015-2016
Motion authorizing the City Manager, or designee to renew the yearly
contract for Packery Channel Monitoring for Fiscal Year 2015-2016 by
executing Amendment No. 11 between the City of Corpus Christi and
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Texas A& M University-Corpus Christi in the amount of$350,703.00.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-120
7. Work plan and budget agreement with Nueces River Authority for
FY 2015-2016
Motion authorizing the City Manager or designee to execute a work
plan and budget agreement with the Nueces River Authority in the
amount of$99,996 to provide water planning, protection, development,
and data management services to the City of Corpus Christi for FY
2016.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-121
8. Engineering Design Contract adding repairs for existing lift
station locations
Motion authorizing the City Manager, or designee, to add repairs at
eight existing lift station locations to an engineering design contract by
executing Amendment No. 2 with Urban Engineering of Corpus Christi,
Texas in the amount of$164,100 for a total restated fee not to exceed
$210,340 for the Lift Station Repairs-Citywide for engineering design
services and support services in Bid and Construction phases.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-122
9. Certification of 2015 Tax Levy
Motion approving the 2015 Property Tax Levy of$108,611,685.39
based on the adopted property tax rate of$0.606264 per$100
valuation, in accordance with Section 26.09 (e)of the Texas Property
Tax Code.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-123
10. Second Reading Ordinance-Rezoning property located at 3101
Up River Road (1st Reading 10/20/15)
Case No. 0815-04 Cheryl McLaughlin & Hatch, LLC:
A change of zoning from the "RMH" Manufactured Home District and
"RS-6" Single-Family 6 District to the "RV" Recreational Vehicle Park
District. The property is described as being a 9.16 acre tract of land
out of the E Villareal Survey being a portion of Lot 1, Block 2, Hatch
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Tract and being all of a called 2.00 acre tract conveyed to Cheryl
McLaughlin and Hatch LLC as recorded in Document No. 2014000941
Official Public Records, Nueces County, Texas and being a portion of
a called 1.681 acre tract conveyed to Cheryl McLaughlin and Hatch
LLC as recorded under Document No. 201401834 Official Public
Records, Nueces County, Texas and being a portion of a called 1.13
acre tract conveyed to John A. McLaughlin as recorded in Volume
1828, Page 244, Deed Records, Nueces County, Texas, located at
3101 Up River Road between Westgate Drive and Palm Drive.
Planning Commission and Staff Recommendation (September 9,
2015):
Approval of the change of zoning from the "RMH" Manufactured Home
District and "RS-6" Single-Family 6 District to the "RV" Recreational
Vehicle Park District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Cheryl McLaughlin & Hatch, LLC ("Owner"), by changing
the UDC Zoning Map in reference to a 9.16 acre tract of land out of the
E Villareal Survey being a portion of Lot 1, Block 2, Hatch Tract and
being all of a called 2.00 acre tract conveyed to Cheryl McLaughlin and
Hatch LLC as recorded in Document No. 2014000941 Official Public
Records, Nueces County, Texas and being a portion of a called 1.681
acre tract conveyed to Cheryl McLaughlin and Hatch LLC as recorded
under Document No. 201401834 Official Public Records, Nueces
County, Texas and being a portion of a called 1.13 acre tract conveyed
to John A. McLaughlin as recorded in Volume 1828, Page 244, Deed
Records, Nueces County, from the "RMH" Manufactured Home District
and "RS-6" Single-Family 6 District to the "RV" Recreational Vehicle
Park 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: 030663
11. Second Reading Ordinance-Rezoning property located at 15205
Northwest Boulevard (FM 624)(1st Reading 10/20/15)
Case No. 0915-01 Al Development, Inc.: A change of zoning from the
"RS-6" Single-Family 6 District to the"RM-1" Multifamily 1 District. The
property is described as being a 14.25 acre tract of land out of a
91.594 acre tract of land as recorded in Document Number
2012050691, Deed Records of Nueces County, Texas, located
approximately 260 feet south of Northwest Boulevard (FM 624)
between CR 73 and FM 1889.
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Planning Commission and Staff Recommendation (September 9,
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 Al Development, Inc. ("Owner") by changing the UDC
Zoning Map in reference to a 14.25 acre tract of land out of a 91.594
acre tract of land as recorded in Document Number 2012050691,
Deed Records of Nueces County, Texas, 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.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030664
12. Second Reading Ordinance - Rezoning property located at 1528,
1536, 1548, and 1604 Rhew Road (1st Reading 10/20/15)
Case No. 0915-02 D.L. Johnson: A change of zoning from the"IL"
Light Industrial District to the "IUSP" Light Industrial District with a
Special Permit, not resulting in a change to the Future Land Use Map.
The property is described as Lots 5, 6, 7 and 8, Block 1, Rhew
Industrial Tracts Unit 1, located on the east side of Rhew Road
approximately 1,000 feet south of Leopard Street.
Planning Commission and Staff Recommendation (September 9,
2015):
Approval of the change of zoning from the "IL" Light Industrial District
to the"IUSP" Light Industrial District with a Special Permit subject to
nine conditions.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by D.L. Johnson ("Owner"), by changing the UDC Zoning
Map in reference to Lots 5, 6, 7 and 8, Block 1, Rhew Industrial Tracts
Unit 1, from the "IL" Light Industrial District to the "IL/SP" Light
Industrial District with a Special Permit; 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:030665
13. Second Reading Ordinance - Rezoning property located at 4625
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Whataburger Way (1st Reading 10/20/15)
Case No. 0915-03 TWF Partners, LLC: A change of zoning from the
"RM-1" Multifamily 1 District to the"ON" Office District, resulting in a
change to the Future Land Use Map from medium density residential
to professional office uses. The property is described as Lot 11-D,
Block 4, Parkdale Village, located on the southwest corner of Mildred
Drive and Whataburger Way.
Planning Commission and Staff Recommendation (September 9,
2015):
Approval of the change of zoning from the "RM-1" Multifamily 1 District
to the"ON"Office District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by TWF Partners, LLC ("Owner"), by changing the UDC
Zoning Map in reference to Lot 11-D, Block 4, Parkdale Village, from
the "RM-1" Multifamily 1 District to the "ON" Office 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: 030666
14. Second Reading Ordinance-Rezoning property located south of
Yorktown Boulevard between Fred's Folly Drive and Starry Road
(1st Reading 10/20/15)
Case No. 0915-05 Patricia H. Wallace, Trustee#2: A change of zoning
from the"RS-6" Single-Family 6 District and "FR" Farm Rural District
to the "RS-4.5" Single-Family 4.5 District. The property is described as
being a 115.72-acre tract of land out of Lots 22 through 27, Section
25, Flour Bluff and Encinal Farm and Garden Tracts, located along the
south side of Yorktown Boulevard between Fred's Folly Drive and
Starry Road.
Planning Commission and Staff Recommendation (September 23,
2015):
Approval of the change of zoning from the "RS-6" Single-Family 6
District and 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 Patricia H. Wallace, Trustee#2 ("Owner"), by changing
the UDC Zoning Map in reference to a 115.72-acre tract of land out of
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Lots 22 through 27, Section 25, Flour Bluff and Encinal Farm and
Garden Tracts, from the "RS-6" Single-Family 6 District and "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: 030667
15. Second Reading Ordinance-Rezoning property located at 3801
Rodd Field Road (3/4 vote required)(1st Reading 10/20/15)
Case No. 0915-06 Point Development, LLC: A change of zoning from
the"FR" Farm Rural District to the "CG-2"General Commercial
District. The property is described as being a 10-acre tract of land out
of the east half of Lot 8, Section 21, Flour Bluff and Encinal Farm and
Garden Tracts, located on the southwest corner of Airline Road and
Rodd Field Road.
Planning Commission and Staff Recommendation (September 23,
2015):
Approval of the change of zoning from the"FR" Farm Rural District to
the "CG-2"General Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Point Development, LLC ("Owner"), by changing the
UDC Zoning Map in reference to a 10-acre tract of land out of the east
half of Lot 8, Section 21, Flour Bluff and Encinal Farm and Garden
Tracts, from the "FR" Farm Rural District to the"CG-2" General
Commercial 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: 030668
16. Second Reading Ordinance - Accepting and appropriating a
Regional grant to support the Emergency Medical Service (EMS)
operation (1st Reading 10/20/15)
Ordinance authorizing the City Manager or designee to accept a grant
from the Coastal Bend Regional Advisory Council in the amount of
$2,978.14; and appropriating $2,978.14 from the Coastal Bend
Regional Advisory Council into the No. 1056 Ambulance Grant Fund to
purchase supplies to support the delivery of emergency medical
services for the Corpus Christi Fire Department.
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This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030669
17. Second Reading Ordinance-Accepting and appropriating a
donation from Exxon Mobil Corporation for equipment or supplies
for firefighters (1st Reading 10/20/15)
Ordinance authorizing the City Manager or designee to accept a grant
from Exxon Mobil Corporation in the amount of$1,500 for Exxon
Mobil's "Good Neighbor Program"; and appropriating $1,500 from
Exxon Mobil Corporation into the No .1062 Fire Grant Fund to be used
specifically to purchase any equipment and/or supplies that will directly
benefit firefighters.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030670
18. Second Reading Ordinance-Accepting and appropriating grant
funds for the Retired Senior Volunteer Program (1st Reading
10/20/15)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate a $3,000 grant from
the Corporation for National and Community Service in the No. 1067
Parks and Recreation grants fund for the Retired and Senior Volunteer
Program.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030671
19. Second Reading Ordinance-Accepting and appropriating State
funds for the Infectious Disease Control Unit/FLU-LAB grant(1st
Reading 10/20/15)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept, amend, and appropriate a grant
contract for the Infectious Disease Control Unit/FLU-LAB grant in the
amount of$10,000 from the Texas Department of State Health
Services in the Health Grants Fund No. 1066 to provide flu testing for
the contract period September 1, 2015, through August 31, 2017; and
ratifying acceptance of the grant agreement to begin September 1,
2015.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030672
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20. Second Reading Ordinance -Accepting and appropriating State
funds for the Health Promotions and Chronic Disease
Prevention/Texas Healthy Communities (HPCD/TXHC)grant(1st
Reading 10/20/15)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept, amend, and appropriate a grant
contract for the Health Promotions and Chronic Disease
Prevention/Texas Healthy Communities (HPCDP/TXHC)grant in the
amount of$50,000, from the Texas Department of State Health
Services in the Health Grants Fund No. 1066 to provide funds to
implement systems and strategies that address one or more Texas
Healthy Communities priority indicators for the contract period October
1, 2015, through September 30, 2016; and ratifying acceptance of the
grant agreement to begin October 1, 2015.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030673
21. Second Reading Ordinance-Accepting and appropriating State
funds for the Nutrition Services Section/Women, Infant's and
Children (NSS/WIC)grant(1st Reading 10/20/15)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept, amend, and appropriate a grant
contract for the Nutrition Services Section/Women, Infant's and
Children (NSS/WIC) grant in the amount of$1,002,324, from the
Texas Department of State Health Services in the Health Grants Fund
No. 1066, to provide funds for the WIC program for the contract period
October 1, 2015, through September 30, 2016; and ratifying
acceptance of the grant agreement to begin October 1, 2015.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030674
22. Second Reading Ordinance-Authorizing a construction contract
and appropriating funds for the Municipal Communication Studio
Facility Renovation (1st Reading 10/20/15)
Ordinance appropriating $1,033,210.58 from the Unreserved Fund
Balance in No. 1031 Public, Education and Government Cable Fund;
changing the FY 2016 Operating Budget adopted by Ordinance No.
030620 to increase expenditures by$1,033,210.58; and authorizing
the City Manager or designee to execute a construction contract with
Safenet Services, LLC of Corpus Christi, Texas in the amount of
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$619,625 for the City of Corpus Christi Municipal Communication
Studio Facility Renovation for the Base Bid.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030675
23. Second Reading Ordinance - Revocable Easement for Eagle Ford
Pipeline, LLC for the construction of two pipelines along the
eastern side of Mobile Estates Park(1st Reading 10/20/15)
Ordinance granting a twelve (12)foot wide Revocable Easement to
Eagle Ford Pipeline, LLC to construct, operate, maintain, repair and
remove two (2) 20-inch pipelines along the east side of a City park
known as Mobile Estates Park, located south of IH-37 and west of
Lantana Street; for the amount of$43,054 as compensation to the
City; authorizing the City Manager or designee to execute a Revocable
Easement instrument and other related documents for the conveyance
of the revocable easement.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030676
Q. BRIEFINGS: (ITEM 38)
38. Discussion on Ballot Language for Ad Valorem Tax-Backed Debt
Mayor Martinez deviated from the agenda and referred to Item 38.City
Secretary Huerta stated that at the September 15th City Council meeting,the
Council asked questions about the wording used for the Bond 2014 election.
The questions revolved around the Council's ability to include ballot language
including whether the proposition would or would not require a tax increase;
and/or projected utility rate increases related to the proposition.
City Secretary Huerta introduced Clay Binford,Norton Rose Fulbright US,LLP
to address these issues.Mr.Binford provided an explanation of the Texas
Laws that apply to General Obligation Bond Elections for cities: the election
ordinance and public notice requirements;the difference between the measure
and ballot proposition components of the election ordinance;the issuance of
ad valorem tax-backed bonds;Texas Supreme Court ruling on ballot
proposition language;ballot proposition requirements;and the transparency
requirements.Mr.Binford provided an overview of the 2014 Bond Election
Ordinance: the transparency components which included language explaining
how the City would pay off the debt;the tax rate should the bonds pass;and
additional suggestions to increase transparency in the future.
L. EXECUTIVE SESSION: (ITEMS 24-27)
Mayor Martinez referred to the day's executive sessions.The Council went into
executive session.
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24. 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.
This E-Session Item was discussed in executive session.
25. Executive Session pursuant to Texas Government Code §
551.071 of the and Texas Disciplinary Rules of Professional Conduct
Rule 1.05 to consult with attorneys concerning United States et al v.
City of Corpus Christi(2:12-cv-00217) involving potential consent
decree clarifications and amendments ancillary to said consent
decree.
Mayor Martinez referred to Item 25 and the following motion was considered:
Motion authorizing the City Manager to execute all documents necessary to
approve and clarify the attached Proposal(described in the attached 6-29-15
letter and the attached 10-8-15 letter),which provides for the relief described in
the consent decree for United States et al v.City of Corpus Christi
(2:12-cv-00217)with respect to the priority Hires who have qualified for relief
pursuant to said decree.
Council Member Rubio made a motion to approve the motion,seconded by
Council Member Garza.This Motion was passed and approved with the
following vote:
Aye: 9- Mayor Martinez, 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
Abstained: 0
Enactment No: M2015-124
26. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning litigation and other legal matters
related to Municipal Court, including Monica Lewis v. City of Corpus
Christi, Nora Rodriguez v. City of Corpus Christi, Rene Mendiola, et al
v. City of Corpus Christi, et al, Frances Rios v. City of Corpus Christi,
et al, and Michael Cantu v. City of Corpus Christi;and Patrick
Gonzales v. City of Corpus Christi, et al.
This E-Session Item was discussed in executive session.
27. 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, rules, and statutes
governing the Corpus Christi Regional Transportation Authority and
pursuant to Texas Government Code§551.074(Personnel Matters)
to deliberate the appointment, evaluation, and duties of the City's
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appointees to the Board of Directors of the Corpus Christi Regional
Transportation Authority. Actions in open meeting may include the
consideration of any actions related to the Corpus Christi Regional
Transportation Authority.
This E-Session Item was discussed in executive session.
M. PUBLIC HEARINGS: (NONE)
N. REGULAR AGENDA: (ITEM 28)
28. Broker of Record Joint Service Agreement
Motion approving a joint service agreement with Borden Insurance of
Corpus Christi, Texas and McGriff, Seibels&Williams, Inc. of San
Antonio, Texas, for Broker of Record Services for Property Insurance,
based on lowest best proposal received, in response to Request for
Proposal Event Number 71 in the amount of$27,700. The term of the
contract will be for one-year period, with options to extend for up to
four(4)additional one-year periods subject to the approval of the
Contractor and the City Manager or designee.
Mayor Martinez referred to Item 28. City Attorney Miles Risley stated that the
purpose of this item is to approve a joint service agreement with Borden
Insurance of Corpus Christi,Texas and McGriff,Seibels&Wlliams,Inc.of San
Antonio,Texas for Broker of Record Services for Property Insurance,based on
lowest best proposal received,in the amount of$27,700. There were no
comments from the public.
Discussion topics between a council member and staff included the following:
performance measures;a savings each year on premiums;the request for
proposal process;and contract period limitations.
Council Member Magill made a motion directing staff to request that Carlisle
Insurance extend the annual fee it proposed for Year 1 of Broker of Record
Services($45,000,to be reduced by the National Flood Insurance Premiums,
with an estimated net annual fee of$24,135)to the full 5-year potential
extension period,and,in the event of such fee extension,authorizing staff to
execute a service agreement with said entity obligating the City for Year 1,
subject to extension for annual periods after the first year at said fee amount
only if the overall insurance rates obtained for property insurance are
maintained at a level the same as or lower than the current overall property
insurance rates.If Carlisle Insurance refuses to extend the annual fee it
proposed for Year 1 of Broker of Record Services through the 5-year extension
period,then staff is authorized to execute a service agreement with Borden
Insurance and McGriff,Seibels&Williams obligating the City for Year 1,
subject to extension for annual periods after the first year at its proposed fee
amount of$27,700 only if the overall insurance rates obtained for property
insurance are maintained at a level the same as or lower than the current
overall property insurance rates. The motion was seconded by Council
Member Rubio. This Motion was passed as substitute and approved with the
following vote:
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Aye: 9- Mayor Martinez, 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
Abstained: 0
Enactment No: M2015-125
O. FIRST READING ORDINANCES: (ITEM 29 -32)
29. First Reading Ordinance -Amending the Civil Service Board
Rules and Regulations
Ordinance amending the Civil Service Board Rules and Regulations in
its entirety as recommended by the Civil Service Board; providing for
severance; and providing an effective date.
Mayor Martinez referred to Item 29.Director of Human Resources Yasmine
Chapman stated that the purpose of this item is to update the Civil Service
Board Rules and Regulations in its entirety as recommended by the Civil
Service Board.The last revision to the rules and regulations of the Civil
Service Board was in July 1999.The amendments are designed to clarify and
update language,ensure consistency,and reduce ambiguity.The final
revisions were approved by the Civil Service Board in August and are
recommended to City Council.There were no comments from the public.
In response to a council member,City Attorney Miles Risley stated that the
agenda memo will be corrected for the next meeting to reflect the correct first
and second reading dates.
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Member Magill.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor Martinez, 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
Abstained: 0
30. First Reading Ordinance-Ordinance authorizing a use privilege
agreement with the Tuloso-Midway Independent School District
located at 2653 McKinzie Road
Ordinance authorizing the City Manager to execute a use privilege
agreement with the Tuloso-Midway Independent School District
("Permittee")to install, operate, maintain, and remove a private
eight-inch PVC wastewater sanitary sewer main ("Wastewater Line")
across the Haven Drive Public street right-of-way, located west of
McKinzie Road public right-of-way, subject to the Permittee's
compliance with specified conditions.
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Mayor Martinez referred to Item 30.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to execute a use privilege
agreement with Tuloso-Midway Independent School District to allow the ability
to provide restroom services to the Tuloso-Midway Agricultural Complex's
restroom facilities located at 2653 McKinzie Road.There were no comments
from the Council or the public.
Council Member Vaughn 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: 9- Mayor Martinez, 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
Abstained: 0
31. First Reading Ordinance -Authorizing the Tax Increment
Reinvestment Zone#3 Board to expend funds and approve
reimbursement agreements
Ordinance authorizing the Tax Increment Reinvestment Zone#3 (TIRZ
#3) Board to expend funds and approve reimbursement agreements in
accordance with the Project and Financing Plan.
Mayor Martinez referred to Item 31.Business Liaison Alyssa Barrera stated that
the purpose of this item is to authorize the Tax Increment Reinvestment Zone
#3 Board to approve expenditure of funds and reimbursement agreements in
order to implement the project plan.There were no comments from the Council
or 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: 9- Mayor Martinez, 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
Abstained: 0
32. First Reading Ordinance -Appropriating funds for Tax Increment
Reinvestment Zone (TIRZ)#3 Project Plan
Ordinance appropriating $1,597,564 from the unreserved fund balance
in Fund 1112 Reinvestment Zone No. 3 Fund (Downtown TIF)to fund
approved projects in FY2016 and changing the FY2016 Operating
Budget adopted by ordinance 030620 by increasing expenditures by
$1,597,564.
Mayor Martinez referred to Item 32.Business Liaison Alyssa Barrera stated that
the purpose of this item is to appropriate$1,597,564 from the unreserved fund
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balance to implement the Tax Increment Reimbursement Zone#3 Project and
Financing Plan.There were no comments from the Council or the public.
Council Member Riojas made a motion to approve the ordinance,seconded by
Council Member McIntyre.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor Martinez, 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
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEM 33 -36)
Mayor Martinez referred to the Future Agenda Items.Assistant City Manager
Susan Thorpe stated that staff had a planned presentation on Item 36.
33. Engineering Construction Contract for Southern Minerals Road
from Up River Road to IH37 BOND 2014
Motion authorizing the City Manager, or designee, to execute a
construction contract with Haas-Anderson, Inc. of Corpus Christi,
Texas in the amount of $3,060,904.65 for the Southern Minerals Road
from Up River Road to IH 37 for the total Base Bid. (Bond 2014)
This Motion was recommended to the consent agenda.
34. Engineering Construction Contract for Development&
Improvements at HEB Tennis Center and Al Kruse Tennis Center
Motion authorizing the City Manager, or designee, to execute a
construction contract with Safenet Services, LLC. of Corpus Christi,
Texas in the amount of $1,809,131 for the HEB and Al Kruse Tennis
Centers (Rebid) for the Base Bid, Part A only for repairs to the tennis
centers. (Bond 2012)
This Motion was recommended to the consent agenda.
35. Expand Solid Waste Operations' DriveCam Program to reduce
preventable vehicle accidents within the fleet
Resolution finding that competitive bids are not required for
procurement from Lytx, Inc., and authorizing the City Manager, or
designee, to execute agreements with Lytx, Inc., totaling $133,225.26
for the purchase of additional hardware and software to expand the
vehicle-mounted camera program for the Solid Waste Operations
Department.
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This Resolution was recommended to the consent agenda.
36. Assessment of the Efficiency and Effectiveness of the City of
Corpus Christi's Financial Services Department
Motion authorizing the City Manager or designee to execute a
consultant agreement with Weaver and Tidwell, L.L.P to assess the
efficiency and effectiveness of the Financial Services Department for
an amount not to exceed$228,500. Funding is available in the
Financial Services Department Budget for fiscal year 2015/2016.
This Motion was recommended to the consent agenda.
Q. BRIEFINGS: (ITEM 37 -39)
37. Discussion of Plan CC Comprehensive Plan 2035
Mayor Martinez referred to Item 37,presentation and discussion on Plan CC
Comprehensive Plan 2035.Executive Director of Utilities Mark Van Vleck
introduced the presentation team:Senior Project Planner Annika Yankee,
Director of Development Services Dan Grimsbo,and Assistant Director of
Environmental&Strategic Initiatives Dan McGinn.Mr.Van Vleck provided the
following information:a review of the adoption schedule;a proposed review
process;and the changes for consideration from the Planning Commission's
Final Report.
Council members spoke regarding the following topics:the inclusion of the
language"business organizations"in Element 5-Diversifying the Economy&
Strengthening the Workforce,Item 18;the addition of the language"including
affordable housing"to the end of Goal 2,Item 16,Element 4-Housing&
Neighborhoods;support for staffs recommendation to not eliminate the
language"zoning regulations on lot size and infrastructure"from Land Use
Principles,Item 47,Element 8-Future Land Use,Zoning&Urban Design;the
strategy discussions on land use;whether anything in the comprehensive plan
will obligate the City Council to 1 in 20 land use;whether the recommendation
on Goal 7,Element 7-Community Infrastructure,Facilities&Services requires
private property to be ADA-compliant;and the future process for re-developing
a Planning Department to implement Plan CC 2035.
MOTION OF DIRECTION-FAILED
Council Member McIntyre made a motion of direction to accept all of the
Planning Commission's recommendations,with the exception of Item 47,for
which staffs recommendation is supported.The motion was seconded by
Council Member Scott.The motion failed with the following vote:Martinez,
Scott,McIntyre,and Riojas,voting"Aye";Vaughn,Garza,Magill,Rosas,and
Rubio,voting"No".
Council members discussed the following topics:reasons for objecting to the
motion of direction;concern with portions of the document related to
affordable housing,registration of landlords;the Board of Realtors comments;
consolidating the recommendations into a single document;and additional
time to vet the plan.There was a consensus of the City Council to continue the
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discussion on this item at the November 17,2015 Council meeting and have
staff provide a consolidated red-lined document to the City Council by
November 10th.
39. Housing Workshop#4
Mayor Martinez referred to Item 39.Assistant City Manager Susan Thorpe
stated that the purpose of this item is to present the housing policies and
programs and receive Council direction.Assistant City Manager Thorpe
introduced the presentation team:Assistant City Manager Gus Gonzalez and
Housing and Community Development Director Eddie Ortega.
Mayor Martinez requested that this item be postponed until the November 10th
Council meeting.There was a consenus of the City Council to postpone the
item until the next meeting.
R. LEGISLATIVE UPDATE:
No.
S. ADJOURNMENT
The meeting was adjourned at 4:41 p.m.
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