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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 December 15, 2015 which were approved by the City
Council on January 12, 2016.
WITNESSETH MY HAND AND SEAL, on this the 12th day of January, 2016.
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Rebecca Huerta
City Secretary
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Meeting Minutes
1855
City Council
Tuesday,December 15,2015 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.
Mayor Martinez called for a moment of silence for former City Manager Bill
Hennings who recently passed away.
B. Invocation to be given by Pastor Rick Milby,Abundant Life Fellowship.
Pastor Rick Milby gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Belinda
Mercado -Director, Municipal Information Systems.
Director of Municipal Information Systems Belinda Mercado 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 required Charter Officers were present to conduct the
meeting.
(Council Member Scott arrived at 11:46 a.m.)
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. Commendations for the "Alliance for a Healthier Generation Awards
Recognition".
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Swearing-in Ceremony for Newly Appointed Board, Commission, and
Committee Members
Mayor Martinez presented the proclamation and conducted the swearing-in
ceremony for newly appointed board and committee members.
Mayor Martinez recognized her Chief of Staff,Kristina Leal,for her service and
support while working for the City of Corpus Christi and wished her success in
her future endeavors.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez deviated from the agenda and referred to City Manager's
Comments.City Manager Olson reported on the following topics:
b. OTHER
1)The Police Chief selection process will take place on Friday,December 18,
2015 and Saturday,December 19,2015.On Friday,a public reception will be
held at the American Bank Center in the Watergarden Room from 5:30 p.m.to
7:30 p.m to meet the seven(7)candidates.Comment cards will be available for
the public to comment and will be taken into consideration during the selection
process.2)The Human Resources Department was recognized by the Coastal
Bend Society for Human Resource Management and received the 2015 Award
for Excellence for the best learning and development strategy in regard to the
City Champions Program.3)City Manager Olson acknowledged Public
Information Officer Michelle Villarreal Leschper who was recognized by Texas
A&M University-Corpus Christi and the Young Business Professionals as a
recipient of the Under 40 Award.4)City Manager Olson informed the public
that the new City Hall security measures will be implemented on December 21,
2015.
a. CITY HALL SECURITY UPDATES -Senior Oficer Denise Pace, Corpus Christi
City Manager Olson stated that there were no further details to report.The
metal detector is on site and measures are being taking internally to educate
the employees about parking.
H. MINUTES:
2. Regular Meeting of December 8, 2015
Mayor Martinez deviated from the agenda and referred to approval of the
minutes.City Secretary Rebecca Huerta informed the City Council that on page
3,regarding the board appointments to the Downtown Management District,
the motion is incorrect and should reflect that Council Member Scott made the
motion,seconded by Council Member Magill.
Council Member McIntyre made a motion to amend the minutes,seconded by
Council Member Magill and passed unanimously.
A motion was made by Council Member Magill,seconded by Council Member
McIntyre,that the Minutes be passed as amended.The motion carried by a
unanimous vote.
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I. BOARD & COMMITTEE APPOINTMENTS:
3. Committee for Persons with Disabilities
Corpus Christi Aquifer Storage and Recovery Conservation District
Corpus Christi Regional Economic Development Corporation
Marina Advisory Committee
North Padre Island Development Corporation
Parks and Recreation Advisory Committee
Watershore and Beach Advisory Committee
Mayor Martinez referred to board and committee appointments.The following
appointments were made:
Committee for Persons with Disabilities
Council Member Magill made a motion to appoint Linda Lindsey,seconded by
Council Member Garza and passed unanimously.
Corpus Christi Aquifer Storage and Recovery Conservation District
Council Member Magill made a motion to reappoint Gustavo Gonzalez and Dan
McGinn,seconded by Council Member Scott and passed unanimously.
Corpus Christi Regional Economic Development Corporation
Council Member McIntyre made a motion to reappoint Jerry Dewbre and Toby
Hammett Futrell,seconded by Council Member Scott.The motion failed with
the following vote: Martinez,McIntyre,Riojas,and Scott,voting"Aye";Rosas,
Rubio,Vaughn,Garza,and Magill,voting"No".
Council Member McIntyre made a motion to reappoint Toby Hammett Futrell,
seconded by Council Member Magill and passed unanimously.
Council Member Rubio nominated Larry R.Elizondo,Sr.Council Member Scott
nominated Jerry Dewbre.
Council members discussed the following topics: Larry R.Elizondo,Sr.'s
change of address and that he now lives in District 3;and reappointment of
members with good attendance and standing.(Note:After the discussion on
Item 37,City Secretary Huerta clarified that the change of address provided by
Mr.Elizondo was still located in District 5.)
Larry R.Elizondo,Sr.was appointed with Council Members Rosas,Magill,
Garza,Rubio,and Vaughn voting for Larry R.Elizondo,Sr.and Council
Members Riojas,Martinez,Scott,and McIntyre voting for Jerry Dewbre.
Marina Advisory Committee
City Secretary Huerta announced that Council Member Magill was abstaining
from this item.
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Council Member McIntyre made a motion to reappoint Mona Baen(Community
At-Large),Curt Broomfield(Community At-Large),William McDowell
(Engineer),and Hal Suter(Environmentalist),seconded by Council Scott and
passed unanimously;Magill abstained.
Council Member McIntyre made a motion to appoint Ronald S.Smith
(Community At-Large),seconded by Council Member Rosas and passed
unanimously;Magill abstained.
North Padre Island Development Corporation
Council Member McIntyre made a motion to reappoint Rudy Garza,Colleen
McIntyre,Lillian Riojas,Brian Rosas,and Carolyn Vaughn,seconded by
Council Member Rubio and passed unanimously.
Park and Recreation Advisory Committee
Council Member McIntyre made a motion to appoint Doug E.McBee,Jr.,
seconded by Council Member Garza and passed unanimously.
Watershore and Beach Advisory Committee
Council Member Magill made a motion to realign Joseph DePalma to Regular
Member,seconded by Council Member McIntyre and passed unanimously.
Council Member McIntyre made a motion to reappoint Jay Gardner(Regular
Member),Paulette Kluge(CVB),Cameron Perry(Engineer),and Cliff Schlabach
(Regular Member),seconded by Council Member Riojas and passed
unanimously.
Council Member McIntyre nominated Terry A.Palmer(Environmentalist).
Council Member Magill nominated Mukesh Subedee(Environmentalist).
Mukesh Subedee(Environmentalist)was appointed with Council Members
Vaughn,Rubio,Martinez,Garza,Magill,Riojas and Rosas voting for Mukesh
Subedee and Council Members McIntyre and Scott voting for Terry A.Palmer
(Environmentalist).
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 deviated from the agenda and called for comments from the
public.Steve Harrison,118 Rossiter,spoke regarding the new Harbor Bridge
and asked questions regarding how the complaint filed with the Federal
Highway Administration's Office of Civil Rights could affect moving forward
with the new bridge.Linda Gibeaut,410 Southern,asked the City Council to
consider providing additional funds to Animal Care Services during next year's
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budget process to fund live releases,additional enforcement officers,and
education on spay/neutering.Stacy Palacios,7313 Candy Ridge Road,stressed
the importance of bringing more attention to animal welfare in the City and
other factors to improve Animal Care Services.Jeanette Ross,1504 Van Loan,
spoke regarding public comments made by citizens at the December 8,2015
regular Council meeting asking for support to grow,beautify,and prosper the
North Beach area through the use of HOT funds.Ms.Ross requested that
every area of the City,especially the north and west side,Solomon Coles,
Booker T.Washington School,T.C.Ayers,Hillcrest,and North Staples and
Winnebago streets be given the same consideration.Susie Luna Saldana,4710
Hakel,spoke regarding the 5-4 split decision votes made by the City Council.
Jack Gordy,4118 Bray,spoke regarding information provided to the City
Council regarding the removal of the palm trees on Airline Road.Walter
Saganice,3449 Picadilly Lane,spoke regarding the palm trees on Airline Road
and shared his assessment of the conditions.Mr.Saganice stated the palm
trees are a clear navigation hazard for all and tree removal and similar
resurfacing would enhance the safety and efficiency of the area.Henry Flores,
4904 Tahoe Trail,Austin,Texas,spoke regarding Item 49,FY2016-2017 HOME
Program Housing Tax Credit Amenities.Douglas Johnson,610 Brock,spoke
regarding the removal of Staples Street,from Brawner to Kostoryz,from Bond
2012 projects.
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 4-26)
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 McIntyre,seconded by Council
Member Magill,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. Resolution authorizing a purchase of a Digital Information
Management System Hardware and Storage Upgrade
Resolution authorizing the City Manager, or designee, to purchase a
Digital Information Management System Server and storage upgrade
from Linear Systems, Rancho Cucamonga, California, for a total cost
of$50,164. The final cost includes a$10,000 trade in credit for the
existing outdated hardware. Funds are being used by the Police Grant
Fund 1061 for the fiscal year 2016.
This Resolution was passed on the Consent Agenda.
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Enactment No: 030706
5. Resolution amending the Radio Communications System
Interlocal Agreement to include the Nueces County Emergency
Services District#3 as a participant
Resolution authorizing the City Manager, or his designee, to execute
an amendment to the Radio Communications System Interlocal
Agreement between the City of Corpus Christi, the Regional
Transportation Authority and Nueces County to include the Nueces
County Emergency Services District#3 as a participant.
This Resolution was passed on the Consent Agenda.
Enactment No: 030707
6. Resolution amending the Radio Communications System
Interlocal Agreement to include the Nueces County Emergency
Services District#6 as a participant
Resolution authorizing the City Manager, or his designee, to execute
an amendment to the Radio Communications System Interlocal
Agreement between the City of Corpus Christi, the Regional
Transportation Authority and Nueces County to include the Nueces
County Emergency Services District#6 as a participant.
This Resolution was passed on the Consent Agenda.
Enactment No: 030708
7. Lease-Purchase of Ambulances
Motion approving the lease-purchase of two ambulances from Knapp,
Chevrolet, of Houston, Texas based on the Cooperative Purchasing
Agreement with the Texas Local Government Cooperative, in the
amount of$319,700.00. The ambulances will be used by the EMS
Division of the Fire Department. These units are a replacement to the
fleet. Funds for the lease purchase of the ambulances will be provided
through the City's lease/financing program.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-134
8. Resolution approving the appointment of Dr.William Burgin,Jr.
as the Local Health Authority for the Public Health District
Resolution approving the Director of the Corpus Christi Nueces County
Public Health District's (CCNCPHD), appointment of Dr. William
Burgin, Jr., to serve as the Local Health Authority for the Public Health
District for a two year term beginning December 17, 2015 and ending
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December 17, 2017.
This Resolution was passed on the Consent Agenda.
Enactment No: 030709
9. Real Estate Brokerage Service for Sale of 14 Surplus Parks
Motion authorizing the City Manager to execute a service agreement
with The Clower Company, Inc., Corpus Christi, Texas for the sale of
14 surplus parks in accordance with Bid Event No. 64 at a
commission interest rate of 4.5 percent.
This Motion was passed on the Consent Agenda.
Enactment No:M2015-135
10. Resolution for an Interlocal Agreement for Packery Channel Aids
to Navigation
Resolution authorizing the City Manager or designee to execute an
Interlocal Agreement with Texas A&M University -Corpus Christi
regarding Aids to Navigation at Packery Channel in amount of
$60,941.
This Resolution was passed on the Consent Agenda.
Enactment No: 030710
11. Construction Contract for Repair of City Hall Skylight and
Associated Improvements
Motion authorizing the City manager or designee to execute a
construction contract with Gourley Contracting, Corpus Christi, Texas
in accordance with Bid Event No. 88 based on only bid for a total cost
of$230,690.00 for the repair of City Hall Skylight and Associated
Repairs.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-136
12. Lease-Purchase of One Box Van and One Mobile Camera
Inspection Unit
Motion approving the lease-purchase of one box van and one mobile
camera inspection unit from the following companies for the amounts
below for a total cost of $170,322.62. The award is based on the
cooperative purchasing agreement with the Houston-Galveston Area
Council of Government (H-GAC). Funding is available from the City's
lease purchase financing contractor.
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Houston Freightliner Green Equipment Company
Houston, TX Manvel, TX
Box Van Mobile camera inspection unit
$47,861.00 $122,461.62
Total Cost: $170,322.62
This Motion was passed on the Consent Agenda.
Enactment No:M2015-137
13. Construction Contract for the Greenwood Wastewater Treatment
Plant Flare Permit Metering
Motion authorizing the City Manager or designee to execute a
construction contract with Palacios Marine & Industrial Coating, Inc. of
Palacios, Texas in the amount of$87,788.60 for the Greenwood
Wastewater Treatment Plant Flare Permit Metering for the total Base
Bid.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-138
14. Amendments to two contracts for engineering design services
within the City-Wide Wastewater Collection System Replacement
and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ)
Program
Motion authorizing the City Manager or designee to execute two
contract amendments, Amendment No. 6 with LNV, Inc. of Corpus
Christi, Texas in the amount of$129,275 for a total restated fee not to
exceed $671,745, and Amendment No. 2 with Urban Engineering of
Corpus Christi, Texas in the amount of$120,880 for a total restated
fee not to exceed $362,640. These two contract amendments provide
for engineering design services for the City's wastewater collection
system.
This Motion was passed on the Consent Agenda.
Enactment No:M2015-139
15. Change Order No. 16 for the Runway 17-35
Extension/Displacement and Connecting Taxiway Project
Motion authorizing the City Manager or designee to execute Change
Order No. 16 with Bay, Ltd. of Corpus Christi, Texas in the amount of
$270,000.00 for a total restated fee of $15,631,021.36 for the Corpus
Christi International Airport Runway 17-35 Extension/Displacement
and Connecting Taxiway project.
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This Motion was passed on the Consent Agenda.
Enactment No: M2015-140
16. Resolution amending and reaffirming the City's Investment Policy
and Strategies for FY2015-2016
Resolution amending and reaffirming the City of Corpus Christi's
Investment Policy and Investment Strategies for Fiscal Year
2015-2016.
This Resolution was passed on the Consent Agenda.
Enactment No:030711
17. Second Reading Ordinance-Accepting and appropriating grant
funds to purchase Hazmat Communication System equipment
(1st Reading 12/8/15)
Ordinance authorizing the City Manager or designee to accept a grant
from Koch Companies Public Sector, LLC 2015 Helping Heroes Grant
Program in the amount of$10,000.00 to be used to purchase Hazmat
Communication System Equipment; and appropriating $10,000.00
from Koch Companies Public Sector; LLC into the Fire Grant Fund No.
1062.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030712
18. Second Reading Ordinance-Accepting and appropriating
additional grant funds for Tuberculosis Prevention and Control
(1st Reading 12/8/15)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept an amendment to a grant contract for
the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant
increasing the total amount to$64,693, from the Texas Department of
State Health Services in the No. 1066 Health Grants Fund, with an
increase in the city match to $12,939, for a total project cost of
$77,632, for the amended contract period September 1, 2014, through
December 31, 2015; authorizing the transfer of$3,235, from the No.
1020 General Fund to the No. 1066 Health Grants Fund, appropriating
the increased cash match and increased grant amount; and ratifying
acceptance of the amended grant agreement to begin September 1,
2015.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030713
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19. Second Reading Ordinance - Advancing, accepting and
appropriating funds for the Texas Medicaid Managed Care
Initiative 1115 Waiver - Childhood Healthy Weight Obesity Project
(1st Reading 12/8/15)
Ordinance authorizing the advance of up to $903,592, from the No.
1046 Health Medicaid Waiver Fund to the Texas Health and Human
Services Commission (TXHHSC) and in turn the Centers for Medicare
and Medicaid Services (CMS) for the City's local match for City
projects under the Corpus Christi - Nueces County Public Health
District's (CCNCPHD) 1115 Waiver; funds to be repaid from the CMS
by January 31, 2016. Additionally authorizing the City Manager, or
designee, to execute all documents necessary to accept and
appropriate the award fund upon receipt in the amount of
approximately $1,204,158, from CMS and the TXHHSC to implement
a program to reduce and prevent obesity in children and adolescents
for the period of October 1, 2015, through September 30, 2016; and
ratifying acceptance of the award fund to begin October 1, 2015.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030714
20. Second Reading Ordinance- License for an electronic sign
located within the Street Right of Way at 6652 Yorktown Blvd (1st
Reading 12/8/15)
Ordinance authorizing the City Manager or designee to execute a
License for an electronic sign located within the Street Right of Way
for Butler& Diaz, Inc., d/b/a Yorktown Mini Storage, a Texas small
business corporation, ("Licensee") for an electronic Advertisement
Sign installation, subject to the Licensee' compliance with specified
conditions.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030715
21. Second Reading Ordinance- Exemption from the Wastewater
Acreage/Lot Fees for property located at the intersection of Agnes
Street(Business State Hwy No.44) and Bockholt Road within the
Greenwood Wastewater Treatment Plant, Service Area 6 (1st
Reading 12/8/15)
Ordinance exempting the Lewis & Cook Addition, Block 1, lot 1
subdivision located at the intersection of Agnes Street(Business State
HWY No. 44) and Bockholt Road, from the payment of the wastewater
lot/acreage fees under Section 8.5.2.g.1 of the Unified Development
Code; requiring the owner/developer to comply with the specified
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conditions.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030716
22. Second Reading Ordinance-Amending the Capital Improvement
Budget to execute a Master Services Agreement for On Call
Engineering Services with Solid Waste Operations (1st Reading
12/8/15)
Ordinance amending the FY 2016 Capital Improvement Budget
adopted by Ordinance No. 030621 to add Project No. E15103 On Call
Services/Solid Waste; transferring funds in the amount of$280,000
from Solid Waste Project Reserves to the On Call Services/Solid
Waste Project; and authorizing the City Manager or designee to
execute a master service agreement with Naismith Engineering, Inc. of
Corpus Christi, Texas in the amount of$250,000.00 for On Call
Services/Solid Waste for engineering services as may be required.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030717
23. Second Reading Ordinance-Adjusting Public Agency for Resale
Water Rates (1st Reading 12/8/15)
Ordinance amending the Code of Ordinances, City of Corpus Christi,
Chapter 55, Utilities, regarding public agency for resale water rates;
providing for publication, and providing effective date.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030718
24. Second Reading Ordinance-Transfer of City Council Member's
Salary (1st Reading 12/8/15)
Ordinance approving the transfer of an amount budgeted for Council
Member Carolyn Vaughn's salary, plus applicable payroll taxes, in the
total amount of$6,459 from the No. 1020 General Fund to the No.
1042 Residential Street Fund and changing the FY 2015-2016
Operating Budget adopted by Ordinance 030620 to increase revenues
and expenditures by $6,459 in the No. 1042 Residential Street Fund.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030719
25. Second Reading Ordinance-Continuing Texas Municipal
Retirement System (TMRS) Updated Service Credits for current
participants and increases for prior and current annuities(1st
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Reading 12/8/15)
Ordinance authorizing and allowing, under the act governing the Texas
Municipal Retirement System, "Updated Service Credits" in said
system for service performed by qualifying members of such system
who presently are members of the City of Corpus Christi; providing for
increased prior and current service annuities for retirees and
beneficiaries of deceased retirees of the City; establishing an effective
date for such actions; and providing for severance.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030720
26. Second Reading Ordinance - Depository Banking Services
Agreement(1st Reading 12/8/15)
Ordinance to accept staff recommendation to designate Frost Bank as
the depository for municipal funds in accordance with section 105.016
of the Texas Local Government Code and authorizing the City
Manager or designee to execute a depository services contract for a
period of 3 years to commence on January 1, 2016 and end on
December 31, 2018 with an option to renew for two additional
one-year periods.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030721
N. REGULAR AGENDA: (ITEMS 33 -36)
33. Second amendment and extension to agreement for reservation
of recycled water
Motion authorizing the City Manager or designee to execute a Second
Amendment and Extension to the Agreement for Exclusive
Reservation of Recycled Water with Valero Refining -Texas, L.P.
(Valero) for 4 million gallons per day (mgd).
Mayor Martinez deviated from the agenda and referred to Item 33.City
Secretary Huerta announced that Council Member Riojas was abstaining from
this item.Executive Director of Utilities Mark Van Vleck addressed questions
raised at the last Council meeting regarding the fees associated with the
Exclusive Reservation of Recycled Water with Valero Refining-Texas,L.P.and
a revised agreement was reached to include a fee.
Council members spoke regarding the following topics:the reason the
agreement was initally presented without a fee being charged; use of the
recycled water from the Greenwood Wastewater Treatment Plant;and the
proposed route for installation of the pipeline from the Greenwood Wastewater
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Treatment Plant.Joe Almaraz,Agency Director for Valero,stated that
engineering work has been completed on the project and Valero is ready to
execute full funding.
Council Member Magill made a motion to approve the motion,seconded by
Council Member Garza.This Motion was passed and approved with the
following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
Abstained: 1 - Council Member Riojas
Enactment No: M2015-142
34. Second Reading Ordinance - Amending the Code of Ordinances
to create the City of Corpus Christi Infill Housing Incentive
Program (IHIP) (1st Reading 12/8/15)
Ordinance Amending the Corpus Christi Code of Ordinances by
adding a new chapter, Chapter 20, Housing; Creating Chapter 20,
Article I - IN GENERAL; Creating Chapter 20, Article II - INFILL
HOUSING INCENTIVE PROGRAM to set forth requirements,
procedures and incentives for the development of new home
construction in existing Community Development Block Grant (CDBG)
neighborhoods; providing for severance; and providing an effective
date.
Mayor Martinez referred to Item 34.Assistant City Manager Susan Thorpe
stated that Items 34,35,and 36 are related affordable housing programs.There
were no comments from the public on Items 34,35,and 36.
Council members asked questions regarding details on the qualified buyers
being included in the guidelines to implement the Type A program.Assistant
City Manager Thorpe said staff would bring back Item 36 with the correct
guidelines.
Council Member McIntyre made a motion to approve Items 34 and 35,
seconded by Council Member Garza. This Ordinance was passed on second
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
Enactment No:030722
35. Resolution Approving the Program Guidelines for the Infill
Housing Incentive Program (IHIP).
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This Item was discussed during Item 35.This Resolution 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:030723
36. Resolution approving the Affordable Housing -Type A Pilot
Program
Resolution approving the Affordable Housing -Type A Pilot Program
which uses Type A funds for up front/interim construction costs for a
qualified builder to construct a new affordable home for an
income-qualified homebuyer.
This item was discussed during Item 34.
A motion was made by Council Member McIntyre,seconded by Council
Member Rudy Garza,that the Resolution be tabled.The motion carried by a
unanimous vote.
L. EXECUTIVE SESSION: (ITEMS 27-32)
Mayor Martinez referred to the day's executive sessions.The Council went into
executive session.
27. Executive session pursuant to Texas Government Code§551.074
(personnel matters) to deliberate employment issues concerning the
City Manager.
This E-Session Item was discussed in executive session.
28. Executive session pursuant to Texas Government Code§551.071
for consultation with attorneys regarding collective bargaining matters
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.
29. 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 involving administrative
orders and/or potential litigation from the U.S. Environmental
Protection Agency, U.S. Department of Justice, and/or Texas
Commission on Environmental Quality related to the City's wastewater
treatment plants, sanitary sewer overflows, and the City's Sanitary
Sewer Collection System.
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Mayor Martinez referred to Item 29.City Attorney Miles K.Risley stated that the
purpose of this item is to authorize the extension of agreements and
encumbrance of funds for the City's negotiations and potential litigation with
the U.S.Department of Justice over alleged overflows in the City's sanitary
sewer system.City Attorney Risley said that since being approached by the
U.S.Environmental Protection Agency in 2011,the City has made tremendous
progress in reducing overflows.City Attorney Risley presented the following
information:a chart on the alleged City overflow and treatment violations from
2007 though 2014;the projected average monthly sewer rate increase under
the EPA demand;and differences between the City proposal and the EPA's
proposal.
Council Member McIntyre made a motion to authorize the extension of
agreements and encumbrance of funds for legal and City's case to federal
agencies and courts and engineering services in analysis-negotiation and
potential litigation with the U.S.Environmental Protection Agency and U.S.
Department of Justice regarding sanitary sewer overflows and effluent
excursions with the following entities in the following amounts,with the
amounts for the"Litigation-additional amount"only authorized in the event
that the City is sued by agencies of the federal government for said matters:
Analysis-Negotiation Litigation-additional Amount
Lloyd Gosselink $375,000 $620,000
HDR $147,658 $243,000
Pipeline Analysis $8,900 $150,000
Barnes&Thornburg $165,000 $100,000
CDM Smith $50,000 $29,700
Total: $746,558 $1,142,700
and further authorizing the City Manager to execute contracts with and expend
the amounts designated for the aforesaid entities on different law firms and
engineering firms determined to be most appropriate for the presentation of
the City's case to federal agencies and courts,seconded by Council Member
Scott.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: M2015-141
30. 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 the New
Broadway Wastewater Treatment Plant and other parts of the City's
Sanitary Sewer Collection System
This E-Session Item was discussed in executive session.
31. Executive Session pursuant to Texas Government Code§ 551.072
regarding the purchase, exchange, lease, or value of real property
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(including, but not limited to, real property in the vicinity of Corona
Drive and Island Gate Plaza) because deliberation in an open meeting
would have a detrimental effect on the position of the governmental
body in negotiations with a third party.
This E-Session Item was discussed in executive session.
32. 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 Interstate 37,
State Highway 286, U.S. Highway 181, and existing and proposed
sewer, water, street, bridge, park, and other public infrastructure in or
near said highways.
This E-Session Item was discussed in executive session.
M. PUBLIC HEARINGS: (NONE)
N. REGULAR AGENDA: (ITEM 37)
37. Resolution to execute the Four Party Agreement upon which the
federal funding for the US Highway 181 (US 181) Harbor Bridge
Project is conditioned
Resolution authorizing the City Manager or designee to execute a Four
Party Agreement with the Texas Department of Transportation
(TxDOT), the Port of Corpus Christi Authority (Port), and the Corpus
Christi Housing Authority, to provide duties effectively required by the
Federal Highway Administration related to TxDOT's construction of the
Harbor Bridge; issuing consent for the Port's acquisition of property
pursuant to Texas Water Code § 62.106(d); and making further
authorizations and declarations related to said Four Party Agreement
Mayor Martinez referred to Item 37.City Attorney Miles K.Risley stated that the
purpose of this item is to execute a Four-Party Agreement with the Texas
Department of Transportation(TxDOT),the Port of Corpus Christi Authority
(Port),and the Corpus Christi Housing Authority,to provide duties effectively
required by the Federal Highway Administration related to TxDOT's
construction of the Harbor Bridge; issuing consent for the Port's acquisition of
property pursuant to Texas Water Code§62.106(d);and making further
authorizations and declarations related to said Four-Party Agreement There
were no comments from public.A council member requested that City Attorney
Risley provide an explanation of the eminent domain language.
Council Member McIntyre made a motion to approve the resolution,seconded
by Council Member Scott.This Resolution was passed 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: 030705
O. FIRST READING ORDINANCES: (38 -44)
38. First Reading Ordinance- License Agreement for Youth Sports
League at LyondellBasell Park
Ordinance authorizing the City Manager, or designee, to execute a
License Agreement with Nueces County for South Texas Elite Youth
Football League use of LyondellBasell Park on Haven Drive for youth
football program with option to extend for two additional years.
Mayor Martinez referred to Item 38.Director of Parks and Recreation Jay
Ellington stated that the purpose of this item is to extend a License Agreement
with Nueces County for a youth sports league located at LyondellBasell Park.
There were no comments from the public.In response to a council member,
Mr.Ellington said there is no monetary amount associated with this lease
agreement.
Council Member Magill made a motion to approve the ordinance,seconded
Council Member Rosas.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Mayor Martinez,Council Member Garza, Council Member Magill, Council
Member Rubio, Council Member Rosas,Council Member Scott and
Council Member Vaughn
Absent: 2- Council Member McIntyre and Council Member Riojas
Abstained: 0
39. First Reading Ordinance-Accepting and appropriating grant
funds for Elderly Nutrition Program (ENP)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate$48,225 grant funding
from the Area Agency on Aging of the Coastal Bend in the No. 1067
Parks and Recreation grants fund for the FY2015 Senior Community
Services, Elderly Nutrition Program.
Mayor Martinez referred to Item 39.Director of Parks and Recreation Jay
Ellington stated that the purpose of this item is to accept and appropriate grant
funding for the FY2015 Elderly Nutrition Program.There were no comments
from the Council or the public.
Council Member Garza made a motion to approve the ordinance,seconded by
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Council Member Magill.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member Riojas, Council Member Rubio, Council Member Rosas, Council
Member Scott and Council Member Vaughn
Absent: 1 - Council Member McIntyre
Abstained: 0
40. First Reading Ordinance -Accepting and appropriating grant
funds for the Elderly Nutrition Program (ENP)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate a$635,079 grant
from the Area Agency on Aging of the Coastal Bend in the No. 1067
Parks and Recreation grants fund for the FY2016 Senior Community
Services, Elderly Nutrition Program.
Mayor Martinez referred to Item 40.Director of Parks and Recreation Jay
Ellington stated that the purpose of this item is to accept and appropriate a
grant for the FY2016 Elderly Nutrition Program.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 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
41. First Reading Ordinance-Accepting and appropriating
reimbursement grant funds for Title XX Meals on Wheels Program
Ordinance Authorizing the City Manager or designee to execute all
documents necessary to accept a $229,140 reimbursement grant
awarded by the Texas Department of Aging and Disability Services,
Title XX Meals on Wheels Program and appropriating it in the No.
1067 Parks and Recreation Grants Fund for the FY 2016 Senior
Community Services, Title XX Meals on Wheels Program.
Mayor Martinez referred to Item 41.Director of Parks and Recreation Jay
Ellington stated that the purpose of this item is to accept and appropriate a
reimbursement grant for the Title XX Meals on Wheels program.There were no
comments from the public.A council member requested that staff provide
information on whether or not the Meals on Wheels Program can be expanded
to allow seniors who do not fit the need-based requirement or due to other
factors,to pay the cost for the delivery of food to meet their nutritional
requirements.
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Council Member McIntyre 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
42. First Reading Ordinance-Accepting and appropriating developer
fees and interest earnings into the Community Enrichment fund
for park improvements
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate$872,005.99 in
developer contributions and interest earnings in the 4720 Community
Enrichment Fund for park improvements and other related projects.
Mayor Martinez referred to Item 42.Director of Parks and Recreation Jay
Ellington stated that the purpose of this item is to appropriate developer
contributions and interest earnings in the Community Enrichment Fund for
park improvements.There were no comments from the public.
Council members spoke regarding the following topics: how the designated
parks are determined;the last time a presentation was given on the Master
Park Plan;consideration to table the plan until another presentation is
provided to the City Council;an explanation of the developer contributions and
how those fees are dispersed to parks in close proximity;the number of parks
in the City;and the Oso Bay Wetland Preserve.
Council Member McIntyre 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: 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
43. First Reading Ordinance-Construction Contract and Professional
Service Agreement Amendment No. 1 for Traffic Signal and Street
Lighting Improvements Indefinite Delivery/Indefinite Quantity
(IDIQ)
Ordinance appropriating $400,725.04 from the Unreserved Fund
Balance in No. 1041 Street Fund for the Traffic Signal and Street
Lighting Improvements IDIQ project; changing the FY 2015-2016
Operating Budget adopted by Ordinance No. 030620 by increasing
expenditures by $400,725.04; authorizing the City Manager, or
Designee, to execute a construction contract with Siemens Industry,
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Inc. of Austin, Texas in the amount of $721,485.80 for the initial year
with the option of four one-year extensions that may be administratively
approved; and authorizing the City Manager to proceed with the design
of IDIQ delivery orders for the base year by executing Amendment No.
1 to a Professional Service Agreement with Maldonado-Burkett
Intelligent Transportation Systems, LLP in the amount of $32,211.73
for a restated fee of $71,725.04 for the Traffic Signal and Street
Lighting Improvements IDIQ project.
Mayor Martinez referred to Item 43.Director of Engineering Services Jeff
Edmonds stated that the purpose of this item is to execute a construction
contract with Siemens Industry,Inc.,and a design amendment with
Maldonado-Burkett Intelligent Transportation Systems,LLP for the Traffic
Signal and Street Lighting IDIQ project There were no comments from the
public.
Council members spoke regarding the following topics:whether the lights on
Park Road 22 are included in this list to address the constant problems;the
project scope addressing certain TxDOT street lights;whether there is a
process for funding street lighting in residential neighborhoods;including
electrical and lighting expenses in future bond projects;and requests to have
staff investigate the traffic signals not properly working at the intersections of
Holly Road and the Crosstown Freeway,headed east and Saratoga and the
Crosstown Freeway headed east.
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
44. First Reading Ordinance-Construction Contract and
Construction Materials Testing Agreement for Ocean Drive from
Buford Street to Louisiana Avenue(BOND 2012)
Ordinance amending the FY 2016 Capital Improvement Budget
adopted by Ordinance No. 030621 by transferring $3,500,000 to the
Ocean Drive from Buford to Louisiana Avenue project; increasing
expenditures in the amount of $3,500,000; and authorizing the City
Manager, or designee, to execute a construction contract with Bay,
Ltd. of Corpus Christi, Texas in the amount of $11,012,338.66 for the
total base bid and to execute an agreement for construction material
testing in the amount of $68,292.00 with Rock Engineering Testing
Laboratory, Inc. for the Ocean Drive from Buford Street to Louisiana
Avenue BOND 2012 street project.
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Mayor Martinez referred to Item 44.Executive Director of Public Works Valerie
Gray stated that the purpose of this item is to execute a construction contract
with Bay,Ltd.and a construction materials testing agreement with Rock
Engineering Testing Laboratory,Inc.for the Ocean Drive from Buford Street to
Louisiana Avenue Bond 2012 street project.The project provides for the
full-depth reconstruction that implements a road diet concept narrowing the
existing six-lane roadway to four-lanes with a divided median and bike lanes.
The project includes:hot mix asphalt pavement;concrete curb and gutters;
driveways;ADA improvements;signs and markings;traffic signals;utility
improvements;and slope stability improvements along the Corpus Christi Bay
bluff to avoid potential movement of and damage to the new roadway and
utilities.There were no comments from the public.
Council members spoke regarding the following topics:the project budget
identifying the wrong contractor and listing the project in the Downtown
Management District;the roundabout not being included as part of the design
at Louisiana and Ocean Drive;whether there are standards to which the
contractor should adhere and the project's warranty;the debarment process;
and plans to include a safe pedestrian crossing system.
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: 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: (ITEMS 45-48)
Mayor Martinez referred to Future Agenda Items.City Manager Olson stated
that staff had planned presentations on Items 47 and 48.
45. Construction Contract for City-Wide Collection System
Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ)
Motion authorizing the City Manager or designee to execute a
construction contract with PM Construction & Rehab, LLC of
Pasadena, Texas in the amount of $3,750,000 for the City-Wide
Collection System Pipebursting Indefinite Delivery/Indefinite Quantity
for the total Base Bid with the option to extend the contract up to four
(4) possible one-year renewals.
This Motion was recommended to the consent agenda.
46. Professional Services Contract Extension for Mary Rhodes
Pipeline Phase 2
Motion authorizing the City Manager or designee to extend
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construction management services by executing Amendment No. 14 to
the professional services contract with Freese and Nichols, Inc. of
Corpus Christi, Texas in the amount of$513,767 for a total restated
fee not to exceed $15,949,042 for Mary Rhodes Pipeline Phase 2.
This Motion was recommended to the consent agenda.
47. Engineering Design Contract Amendment No.1 for Rodd Field
Road Expansion (BOND 2014, Proposition 2)
Motion authorizing the City Manager, or designee, to proceed with
design phase work by executing Amendment No. 1 to a contract for
professional services with LJA Engineering, Inc. of Corpus Christi,
Texas in the amount of$1,128,307.78 for a restated fee of
$1,178,207.78 for the Rodd Field Road Expansion from Saratoga
Boulevard to Yorktown Boulevard. (Bond 2014, Proposition 2)
This Motion was recommended to the consent agenda.
48. Resolution authorizing the City Manager or designee to proceed
with the design and construction of Fire Station 18
Resolution authorizing the City Manager or designee to proceed with
the design and construction of Fire Station 18 in the area of
Holly/Saratoga and Ayers.
This Resolution was recommended to the consent agenda.
Q. BRIEFINGS: (ITEMS 49 -50)
49. FY2016-2017 HOME Program Housing Tax Credit Amenities
Mayor Martinez referred to Item 49.Interim Director of Housing and Community
Development Rudy Bentancourt stated that the purpose of this item is to
present information on the FY2016-2017 HOME Program Housing Tax Credit
Amenities.Mr.Bentancourt provided an overview of the proposed mandatory
amenities required by the City of Corpus Christi and the next steps.
Council members spoke regarding the following topics:developers'desire that
appropriate zoning be included as part of the FY2017-2018 mandatory
amenities and inclusion of a stipulation that these criteria are in place only
when all projects are in the Corpus Christi city limits.
MOTION OF DIRECTION
Council Member McIntyre made a motion directing the City Manager to include
the appropriate zoning as a requirement beginning FY2017-2018,seconded by
Council Member Magill and passed unanimously.
50. Zero-based Budgeting
Mayor Martinez referred to Item 50.City Manager Olson stated that the purpose
of this item is to present a briefing on zero-based budgeting for the City
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Council to consider whether or not this is a process to be used during the
preparation of the budget.City Manager Olson presented the following
information:a definition of zero-based budgeting;other budgeting techniques;
potential advantages and disadvantages;the history of zero-based budgeting;
an explanation of theoretical zero-based budgeting;zero-based budgeting in
practice;the method currently used by the City;and how the City would apply
the zero-based budgeting process.
Council members spoke regarding the following topics:the importance of
getting away from traditional incremental budgeting;the direction needed in
order to move forward with zero-based budgeting;the additional effort
required by staff and the City Council;the primary goal being to receive as
much data as possible;the expectations regarding savings;developing a
financial policy that will delineate a timeframe and take one to two years
identifying elements within departments to eliminate"budget creep";maximize
benefits and minimize negatives associated with zero-based budgeting;
concerns with morale issues while working through the transition;delaying
implementation of zero-based budgeting until the next fiscal year's budgeting
process;the ability to prioritize services;the opportunity to review public
safety;and holding all departments accountable and not exempt from the
zero-based budgeting process.
MOTION OF DIRECTION
Council Member Magill made a motion directing the City Manager to move
forward with this budget process,with respect to elements of zero-based
budgeting,performance and service-level budgeting,and including an
intermittent zero-based budget reset recommendation,seconded by Council
Member McIntyre and passed unanimously.
R. ADJOURNMENT
The meeting was adjourned at 6:41 p.m.
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