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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 May 31, 2016 which were approved by the City
Council on June 14, 2016.
WITNESSETH MY HAND AND SEAL, on this the 14th day of June, 2016.
Re ecca Huerta
City Secretary
SEAL
INDEXED
Corpus Christi 1201 Leopard Street
M Corpus Christi,TX 78401
. , cctexas.com
Meeting Minutes
City Council
Tuesday,May 31,2016 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 Gene Delauro-
Building Official, Development Services.
Building Official Gene Delauro 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:
Acting City Manager Margie C.Rose,City Attorney Miles K.Risley,and City
Secretary Rebecca Huerta.
Present: 7- Mayor Nelda Martinez,Council Member Rudy Garza,Council Member
Michael Hunter,Council Member Chad Magill,Council Member Lucy
Rubio,Council Member Brian Rosas, and Council Member Carolyn
Vaughn
Absent: 2- Council Member Colleen McIntyre, and Council Member Mark Scott
E. Proclamations/Commendations
1. Proclamation declaring June 19, 2016, "151st Anniversary of the
Juneteenth Celebration, the Spirit of Emancipation Days".
Swearing-in Ceremony for Newly Appointed Board, Commission and
Committee Members.
Mayor Martinez presented the proclamation and conducted the swearing-in
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ceremony for newly appointed board and committee members.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez deviated from the agenda and referred to City Manager's
Comments.Acting City Manager Margie Rose spoke regarding the following
topics:
b. Other
1)The Oso Bay Wetland Preserve Ribbon Cutting is scheduled to be held
Friday,June 10,2016 at 9:00 a.m with tours and activities to follow.2)
Assistant Police Chief Mark Schauer and Captain Chris White provided an
overview of Vector Control's enhanced Mosquito Management Plan.3)At the
Special City Council Meeting regarding the boil-water advisory,the consultant
indicated that by today's council meeting,they would have a short-term plan
associated with the boil water advisory.A memorandum was provided in the
City Manager's report indicating that the consultants are working on the
short-term action plan,but need to engage the Texas Commission on
Environmental Quality(TCEQ)this week to receive input.The short-term action
plan will be presented at the June 14,2016 Regular Council Meeting.
a. Discussion regarding discounting customer water bills.
Acting City Manager Rose stated there has been a lot of discussion over the
last several weeks regarding requests for discounting water bills.This item
was placed on the agenda to inform the public that the City is taking a
proactive approach on this issue.Acting City Manager Rose said staff is
concerned from a legal standpoint and have engaged the City's legal counsel
and bond counsel to determine whether there could be future implications,
short-and long-term.Acting City Manager Rose stated that based on the
preliminary information,she has concerns with moving in this direction and
how this decision could impact utility bonds and refunding bonds in the future.
City Attorney Miles K.Risley stated that he will provide City Council with a
formal legal opinion to discuss in a future executive session.
H. MINUTES:
2. Special Meeting of May 23, 2016 and Regular Meeting of May 24,
2016.
Mayor Martinez referred to approval of the minutes.Council Member Garza
made a motion to approve the minutes,seconded by Council Member Rosas
and passed unanimously.
BOARD &COMMITTEE APPOINTMENTS: (NONE)
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 3-5)
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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 Garza,to approve the Consent Agenda.The
consent agenda items were approved by one vote as follows:
Aye: 7- Mayor Martinez, Council Member Garza, Council Member Hunter, Council
Member Magill,Council Member Rubio,Council Member Rosas and
Council Member Vaughn
Absent: 2- Council Member McIntyre and Council Member Scott
Abstained: 0
3. Engineering Design Services Contract for North Padre Island
Beach Access Roads 3A and 2 (Bond 2014, Proposition 2)
Motion authorizing the City Manager, or designee, to execute a
contract for engineering design services with Govind Development,
LLC. of Corpus Christi, Texas in the amount of$73,935.00 for the
North Padre Island Beach Access Roads 3A&2. BOND 2014
Proposition 2.
This Motion was passed on the Consent agenda.
Enactment No: M2016-056
4. Resolution approving the purchase of water testing reagents for
the Water Utilities Department and Health Department
Resolution finding that competitive bids are not required for a
procurement from IDEXX Distribution, Inc., Westbrook, Maine, for the
laboratory testing reagent Colilert, and authorizing the City Manager,
or designee, to enter into a supply agreement for a not to exceed
amount of$135,304.00, of which $45,101.33 is required for the
remainder of FY 2015-2016. Funds have been budgeted by the Water
Department and Health Department in FY 2015-2016. The term of the
agreement shall be for one year with an option to extend for up to two
additional one year terms, subject to the approval of the supplier and
the City Manager or designee.
This Resolution was passed on the Consent Agenda.
Enactment No: 030871
5. Second Reading Ordinance-Alley closure located between
Fifteenth Street and Sixteenth Street and from Buford Avenue to
Hancock Avenue(1st Reading 5/24/16)
Ordinance abandoning and vacating an undeveloped and unsurfaced
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5,655-square foot(0.130 acres) portion of a 15-foot wide public
right-of-way, as shown and dedicated by Plat of Bay View No. 3, Block
6, a map of which is recorded in Volume A, Page 25, Map Records of
Nueces County, Texas, and requiring the owners, Corpus Christi
Independent School District, and The Salvation Army, a Georgia
Corporation to comply with the specified conditions.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030872
REGULAR AGENDA: (ITEM 10)
10. Resolution approving extension of Temporary Staffing Services
Agreements
Resolution ratifying one year contract extensions effective as of May
15, 2016, and authorizing the City Manager or designee to execute
one year extensions to the service agreements with Unique
Employment Services, Advance'd Temporaries, Inc., JAT Partners,
LLC dba Remedy Intelligent Staffing, and Express Employment
Professionals to continue the provision of temporary staffing services
for a total expenditure not to exceed $9,057,000 of which
approximately$3,773,750 is required for the remainder of the fiscal
year.
Mayor Martinez deviated from the agenda and referred to Item 10.Interim
Director of Human Resources Steven Viera stated that the purpose of this item
is to approve a resolution extending the temporary staffing services
agreements.There were no comments from the public.
Council members spoke regarding the following topics:the funding in the
amount of$3,773,750 is to pay for current temporary employees;whether the
employees have been temporary employees for an extended period of time;
whether the City would have to pay a penalty fee to hire contract temporary
employees;the number of employees in the water department and the
substantial need for temporary employees;the number of years utilitizing
temporary employees;establishing an in-house temporary staffing services
program;concerns with future shortfalls in the budget;a list of temporary
employees in each department;and the use of community service workers in
certain areas.
Council Member Garza made a motion to approve the resolution,seconded by
Council Member Rosas.This Resolution was passed and approved with the
following vote:
Aye: 7- Mayor Martinez,Council Member Garza,Council Member Hunter,Council
Member Magill,Council Member Rubio,Council Member Rosas and
Council Member Vaughn
Absent: 2- Council Member McIntyre and Council Member Scott
Abstained: 0
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Enactment No:030873
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 choose to speak during this public comment
period regarding an item on the agenda,you may do so.You will not be allowed
to speak again, however,when the Council is considering the item. 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 referred to comments from the
public.Abel Alonzo,1701 Thames,spoke in support of Acting City Manager
Margie Rose's ability to help lead the City into the future.Joan Veith,5701 Cain
Drive,congratulated the City Council for appointing Margie Rose as Interim
City Manager.Ms.Veith also recommended the use of dryer sheets to repel
mosquitoes.John Kelley,3621 Austin,spoke regarding the water boil issue
and the recommendations provided by a consultant in 2007.Carolyn Burger,
3821 Dunstain,spoke regarding the water problems at the O.N.Stevens Water
Treatment Plant and expressed concerns with personnel at the Water
Department.Linda Obregon,4934 Everhart,recommended the creation of a
zoning category for single-room occupancy to address the low-income
housing crisis.
M. PUBLIC HEARINGS: (NONE)
N. REGULAR AGENDA: (ITEMS 9 - 11)
9. Discussion and possible action regarding possible scope for
third party investigation related to the past three boil water
notices.
Mayor Martinez deviated from the agenda and referred to Item 9.Acting City
Manager Margie Rose stated that the purpose of this item is to discuss a
possible scope for a third-party investigation related to the past three
boil-water notices.Director of Engineering Services Jeff Edmonds developed
the scope based on various concerns that have been raised.Staff is requesting
feedback from the City Council before moving forward on this issue.
Council members spoke regarding the following topics:a recommendation
regarding Section 2.0 Long-Range Action Plan,to look at existing capital
projects in addition to new capital projects;the scope providing the flexibility
to review internal,external and regulatory issues;creation of a new Section 1.0
to provide a summary of the water issues that have occurred since 2007,the
recommendations,and what actions were taken,prior to moving forward;who
would be leading the investigation;the creation of a task force to investigate
the water issues;whether the Water&Utilities Department has reviewed their
actions internally and provided a report;and engaging the Texas Commission
on Environmental Quality(TCEQ)before moving forward.
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MOTION OF DIRECTION
Council Member Garza made a motion to create a new Section 1.1,under
Section 1.0 IMMEDIATE ACTION PLAN,of the Corpus Christi Water Utility—
Boil Water Notice Investigation document,as follows:"Provide the city council
with a summary detailing water issues that have occurred since 2007,what
was recommended and what actions were taken.",and that the existing 1.1 and
1.2 in said document be retained and re-numbered 1.2 and 1.3,respectively,
seconded by Council Member Rubio and was unanimously approved(Council
Member Scott—Absent).
Council Member Magill made a motion to appoint a three-member task force to
investigate the City's water issues,using the approved scope,and appointing
the following individuals to the task force: Chair,Ed Martin;Technical
Advisor,Bob Bowcock;and Acting City Manager,Margie Rose,seconded by
Council Member Garza.This Motion was passed and approved with the
following vote:
Aye: 6- Mayor Martinez, Council Member Garza, Council Member Magill,Council
Member Rubio, Council Member Rosas and Council Member Vaughn
Nay: 1 - Council Member Hunter
Absent: 2- Council Member McIntyre and Council Member Scott
Abstained: 0
Enactment No: M2016-057
11. Approving the purchase of a water truck for Parks and Recreation
beach services
Motion approving the purchase of a 4,000 gallon water truck from
Rush Truck Centers of Texas, L.P. of Houston, Texas, for a total cost
of$125,406.00. The award is based on the cooperative purchasing
agreement with the Houston-Galveston Area Council (H-GAC).
Funding is available in the General Fund FY 2015-2016.
Mayor Martinez referred to Item 11.Interim Director of Parks and Recreation
Stacie Talbert Anaya stated that the purpose of this item is to purchase a 4,000
gallon water truck in the amount of$125,406 for Beach Operations.There were
no comments from the public.
Ms.Anaya and Director of Fleet Operations Jim Davis discussed the following
topics with a council member:staff researching the option of purchasing the
water truck through an auction process;rental of the current water truck;
protection from the sea air and the cleaning and maintenance process to help
prevent corrosion.
Council Member Garza made a motion to approve the motion,seconded by
Council Member Rubio.This Motion was passed and approved with the
following vote:
Aye: 7- Mayor Martinez, Council Member Garza,Council Member Hunter, Council
Member Magill, Council Member Rubio,Council Member Rosas and
Council Member Vaughn
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Absent: 2- Council Member McIntyre and Council Member Scott
Abstained: 0
Enactment No: M2016-058
L. EXECUTIVE SESSION: (ITEMS 6 -8)
Mayor Martinez deviated from the agenda and referred to the days executive
sessions.The Council went into executive session.
6. Executive session pursuant to Texas Government Code§551.071
for consultation with attorneys regarding collective bargaining matters,
(including litigation) between the City of Corpus Christi and the Corpus
Christi Firefighters Association.
This E-Session Item was discussed in executive session.
7. Executive Session pursuant to Texas Government Code§551.071
for consultation with attorneys regarding legal matters involving the
U.S. Environmental Protection Agency- Department of Justice
concerns relating to sanitary sewer overflows and the City's
wastewater treatment system.
This E-Session Item was discussed in executive session.
8. Executive Session pursuant to Texas Government Code§ 551.074
(Personnel Matters) to discuss the appointment, employment, and
duties of public officers or employees, including, but not limited to, the
position of the City Manager.
This E-Session Item was discussed in executive session.
O. FIRST READING ORDINANCES: (NONE)
P. FUTURE AGENDA ITEMS: (ITEMS 12 -161
Mayor Martinez referred to Future Agenda Items.Acting City Manager Rose
stated that staff had planned presentations on Items 12,13,14,and 16.A
council member requested infromation on Item 15.
12. Contract amendments to Mind Exercise Nutrition Do it(MEND)
Childhood Obesity Program Service Agreements
Motion authorizing the Director of the Public Health District or designee
to execute contract amendments with Advanced Cheer Athletics LLC;
Apex Personal Training and Nutrition; Benavides Fitness, LLC; and
Twisted Cheer Company to provide additional services and funding
pursuant to existing MEND Childhood Obesity Program service
agreements for a total expenditure not to exceed $770,000. Funds
have been budgeted by Corpus Christi-Nueces County Public Health
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District(CCNCPHD) in the 1115 Transformation Waiver Fund.
Advanced Cheer Apex Personal Training and
Athletics, LLC Nutrition, LLC
6801 Weber Road 4117 South Staples Suite 260
Corpus Christi, Texas Corpus Christi, Texas
$250,000 $150,000
Benavides Fitness, LLC Twisted Cheer Company
1504 Redbird Drive 3010 Old Kingsville Road
Rockport, Texas Alice, Texas
$170,000 $200,000
This Motion was recommended to the consent agenda.
13. Construction contract for Collier Pool Renovation Rebid- Part B
(Restroom and Office Building) (Bond 2012 Proposition 4-
Aquatic Facilities)
Motion authorizing the City Manager, or designee, to execute a
construction contract with Cruz Maintenance & Construction, Inc. of
Corpus Christi, Texas in the amount of$598,874 for the Collier Pool
Renovations Rebid - Part B (Restroom and Office Building) project for
replacement of the existing building. (Bond 2012 Proposition 4 -
Aquatic Facilities)
This Motion was recommended to the consent agenda.
14. Construction contract for Street Preventative Maintenance
Program -Seal Coats
Motion authorizing the City Manager or designee, to execute a
construction contract with J. Carroll Weaver, Inc. of Sinton, Texas in
the amount of$1,987,973.61 each for bid Part 1, Part 2 & Part 3, for a
total fee of$5,963,920.83 for the Street Preventative Maintenance
Program 2015 (Year 2) Remaining and 2016 (Year 3) Seal Coat
project.
This Motion was recommended to the consent agenda.
15. Construction contract for Whitecap Wastewater Treatment Plant
Ultra-Violet System Upgrade
Motion authorizing the City Manager or designee to execute a
construction contract with J.S. Haren Company of Athens, Tennessee
in the amount of$5,266,997.75 for the Whitecap Wastewater
Treatment Plant Ultra-Violet System Upgrade for the Base Bid.
This Motion was recommended to the consent agenda.
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16. External Audit Firm Service Agreement
Motion authorizing the City Manager or his designee to execute a
service agreement with Padgett Stratemann & Co. L.L.P. ("PS&Co.")
of San Antonio, Texas, to provide professional auditing services for a
total contract value of$601,000, inclusive of an allowance of$36,000
for bond examination reports/statements and comfort letters that may
be requested by the City during the term of this Agreement in
accordance with Request for Qualifications No 66. The agreement is
established for a three year period, subject to the approval of the City
Manager or designee and the contractor.
MOTION OF DIRECTION
Council Member Magill made a motion directing the Acting City Manager to
add a clause in the service agreement stating"The City's entry into this
professional services agreement is conditioned upon the Contractor's
continuing utilization of the professionals whose resumes have been attached
to the Contractor's proposal.Failure of Contractor to utilize these
professionals would entitle the City to terminate this agreement,"seconded by
Council Member Vaughn and passed unanimously(Council Members McIntyre
and Scott-Absent)
This Motion was recommended to the regular agenda.
Q. BRIEFINGS: (ITEM 17)
17. Discovery -Carport Regulations
Mayor Martinez referred to Item 17.Interim Director of Development Services
Daniel McGinn stated that the purpose of this item is to update the City Council
about regulations regarding carports.Mr.McGinn stated that the Development
Services Department has received an increasing number of requests for the
installation of carports.This presentation is part of the discovery process to
explain the definition of carports and discuss two issues staff are
encountering when trying the permit these structures.The second phase of
this discussion will include possible options moving forward and best
practices throughout the state.
Mr.McGinn providing the following information:the definition of a carport;
photos of various designs of carports in the City made of a combination of
wood and metal and metal roofing;a dispersion map identifying carports
throughout the City;the issues including:1)being located within the front yard
building setback and 2)permitting and structural integrity of carports;a site
layout for a typical residential lot;and permitting.
Council members spoke regarding the following topics:whether the aluminum
or wooden carports are windstorm resistant;development of a plan to permit
existing structures;identifying and fining vendors that are installing carports
without a permit;clarification on the permitting requirements;informing the
citizens of compliance issues;the timeline for addressing this issue;a
recommendation for a long lead time to identify what other cities are doing;
educating the public on code enforcement issues;whether there is data in the
Unified Development Code relating to non-conforming carport structures;
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whether all city-owned structures that have carports are compliant;and
identifying a pathway for citizens to be in compliance that is not financially or
punitive.
R. ADJOURNMENT
The meeting was adjourned at 4:40 p.m.
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