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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 June 14, 2016 which were approved by the City
Council on June 21, 2016.
WITNESSETH MY HAND AND SEAL, on this the 21st day of June, 2016.
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Rebecca Huerta
City Secretary
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City Council
Tuesday,June 14,2016 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 at 11:30 a.m.
B. Invocation to be given by Reverend John Fletcher, Kelsey Memorial United
Methodist Church.
Revered John Fletcher gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Saundra
Thaxton,Assistant Director of Strategic Management.
Assistant Director of Strategic Management Saundra Thaxton 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: 9- Mayor Nelda Martinez,Council Member Rudy Garza,Council Member
Michael Hunter,Council Member Chad Magill,Council Member Colleen
Mclntyre,Council Member Lucy Rubio,Council Member Brian
• Rosas,Council Member Mark Scott,and Council Member Carolyn Vaughn
E. Proclamations/Commendations
1. Proclamation declaring June 17, 2016, "Hi-Fairnessee Girls Club
Week-85th Anniversary and Ex-Member Reunion".
Proclamation declaring June 18, 2016, "CreativeMinds Go
Skateboarding Day".
Presentation of the"IT'S TIME TEXAS, Community Challenge
Recognized Community 2016"from Governor Abbott.
Presentation of the United States Flag and Certificate from the USS
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City of Corpus Christi.
Mayor Martinez presented the proclamations and made the presentations.
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 referred to comments from the the public. Chair of the Island
Strategic Action Committee(ISAC)Libby Edwards,14158 Cutlass,stated that
75%of Island businesses polled support a ban on plastic bags on the Island;
and that the Watershore Beach Advisory Committee voted in support of a ban
on plastic bags as well. A council member requested that the City Attorney
provide the council with a legal update on banning plastic bags. Richard
Milby,4412 High Ridge Drive,spoke regarding progress on the large cross to
be erected in Corpus Christi and in opposition to the rainbow flag being
displayed on the Harbor Bridge,requesting that the American flag be displayed
instead. Rob Bailey,4602 Jarvis Street,spoke in opposition to the rainbow flag
being displayed on the Harbor Bridge and requested that the American flag be
displayed instead. Benjamin Davalina,7430 Sydney Street,spoke about
witnessing a Corpus Christi Police officer engaging in distracted driving and
recommended that Corpus Christi's police officers also be held accountable
for distracted driving. Jose Villarreal,3100 Santa Fe Street,discussed the
recent water quality issues in Corpus Christi and South Texas for the Greater
Good,a newly-formed community organization. Neil McQueen,4213 Estate
Drive,spoke in support of the plastic bag ban on the Island. Isabel Araiza,326
Poenisch,spoke in support of the rainbow flag on the Harbor Bridge and
discussed water and wastewater issues and South Texas for the Greater Good.
John Kelley,3621 Austin,spoke regarding his interview of Ron Olson;
insfrastructure issues;and term limits for city council members. Raymond
Ames,7 Virginia Hills,congratulated Foresight Golf for their operation of and
the condition of the City's golf courses and in support of additional
improvements. Norma Nantel,4421 Mistletoe Drive,spoke regarding the
negative impact of residents parking cars in their front yards and tires and
trash being allowed to accumulate in residents'front yards. Robert Simmons,
4025 Violet Road,spoke in opposition to the rainbow flag being displayed on
the Harbor Bridge and requested that the American flag be displayed instead.
Stacy Palacios,710 Caddo,stated that she is not offended by the rainbow flag
being displayed on the Harbor Bridge,thanked Council Member Vaughn for
posing for photos with animals to be adopted and encouraged other council
members to participate. Huxley Smith,1913 Thames,spoke regarding Uber
and Council Member McIntyre not running for re-election.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to City Manager's Comments. Acting City Manager
Margie Rose spoke regarding the following topics:
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a. OTHER
1.Standard&Poors upgraded the City's bond rating from AA-to AA;
2.Canopies over the covered parking spaces have been replaced and the
parking lots have been restriped and are re-opened at the Corpus Christi
International Airport;
3.The appeals process relating to the recently released Preliminary Flood
Insurance Rate Maps runs through July 26,2016. Staff will provide the city
council with a presentation regarding appeals prior to the end of the July 26,
2016 appeal period;
4.The City is working to maintain City-owned properties and to educate the
public regarding compliance with the City's regulations relating to tall weeds
and grass;and
5. The Bay Jammin concert and movie series runs now through August 18,
2016. More information can be found at: www.ccparkandrec.com.
H. MINUTES:
2. Special Meeting (Retreat) of March 22, 2016 and Regular Meeting of
May 31, 2016.
Mayor Martinez referred to approval of the minutes.
Council Member Magill made a motion to approve the minutes,seconded by
Council Member Garza and passed unanimously.
BOARD&COMMITTEE APPOINTMENTS:
3. Civil Service Commission
Civil Service Board
Corpus Christi Regional Transportation Authority
Human Relations Commission
Island Strategic Action Committee
Library Board
Mayor Martinez referred to board and committee appointments.The following
board and committee appointments were made:
Civil Service Commission
Council Member McIntyre made a motion to reappoint Rixio Medina,seconded
by Council Member Magill and passed unanimously.
Civil Service Board
Council Member Magill made a motion to reappoint Rixio Medina,seconded by
Council Member Rubio and passed unanimously.
Corpus Christi Regional Transportation Authority
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Council Member McIntyre made a motion to reappoint George Clower,Thomas
Dryer(Transportation Disadvantaged),Conrado Garcia,Edward Martinez,and
Mary Saenz,seconded by Council Member Scott.
Council Members discussed the following topics: the importance of boards;
the board appointment and selection process;an interview process for
applicants for boards;defining which boards are"high profile";best practices
in other cities.Mayor Martinez requested that City Secretary Rebecca Huerta
determine best practices in other cities and report that information back to the
city council.
Council members discussed the following additional topics: the use of a
applicant questionnaire;council members'responsibility to obtain information
about applicants;tabling this item;the Corpus Christi Regional Transporation
Authority's need to continue to conduct its business;and that some board
member's terms expire at the end of June 2016.
The motion failed with the following vote: Council Members Rubio,Vaughn,
Garza,Hunter and Magill voting No and Council Members Martinez,McIntyre,
Rosas and Scott voting Aye.
Council Member McIntyre made a motion to reappoint George Clower,
seconded by Council Member Hunter and passed unanimously.
Council Member Magill made a motion to reappoint Conrado Garcia,seconded
by Council Member Hunter and passed unanimously.
Council Member Rosas made a motion to reappoint Edward Martinez,
seconded Council Member Scott and passed unanimously.
Council Member Magill made a motion to appoint Larry D.Young,seconded by
Council member Vaughn and passed unanimously.
Council member Magill made a motion to appoint A.R."Butch"Escobedo
(Transportation Disadvantaged),seconded by Council Member Garza and
passed unanimously.
Human Relations Commission
Mayor Martinez made a motion to reappoint Linda A.Cantu(Regular Member),
Melody T.Guerrero(Youth),Roy E.Stock(Regular Member)and Saherish
Surani(Youth),and appoint William"Mickey"Kramer,Jr.,chair,seconded by
Council Member Scott and passed unanimously.
Mayor Martinez made a motion to appoint Zoya S.Surani(Youth),Bilaye R.
Benibo(Regular)and Maria G.Rodriguez(Regular),seconded by Council
Member McIntyre and passed unanimously.
Island Strategic Action Committee
Council Member McIntyre made a motion to appoint Kendra L.Kinnison
(Person who resides on Mustang Island or who is an Employee of a Mustang
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Island Property Owner),seconded by Council Member Scott and passed
unanimously.
Library Board
Council Member Magill made a motion to appoint Alice Nixon(La Retama
Club),seconded by Council Member McIntyre and passed unanimously.
Council Member Magill made a motion to appoint Margaret Jane Epley Kratzig
(Regular),seconded by Council Member Garza and passed unanimously.
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 4-7)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda. There were no comments
from the public.
A council member requested that Item 5 be pulled for individual consideration.
A motion was made by Council Member Garza,seconded by Council Member
Magill,to approve the Consent Agenda. The consent agenda items were
approved by one vote as follows:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council
Member Magill, Council Member McIntyre,Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
4. 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
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
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Benavides Fitness, LLC Twisted Cheer Company
1504 Redbird Drive 3010 Old Kingsville Road
Rockport, Texas Alice, Texas
$170,000 $200,000
This Motion was passed on the Consent Agenda.
Enactment No:M2016-059
6. 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 passed on the Consent Agenda.
Enactment No: M2016-061
7. 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.
The Motion was passed on the Consent Agenda.
Enactment No: M2016-062
5. 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)
Mayor Martinez referred to Item 5,the construction contract for the Collier Pool
Renovation Rebid. Interim Director of Parks&Recreation Stacie Talbert Anaya
responded to council members'questions and confirmed that city staff will
work with the contractor to identify deductive change orders regarding this
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project;and discussed the square footage of the old and new pools.
A council member discussed the disproportionate amount of bond funds
dedicated to this project as compared to the total bond funds available.
Council Member Garza made a motion to approve the motion,seconded by
Council Member Rosas. This Motion was passed and approved with the
following vote:
Aye: 6- Mayor Martinez,Council Member Garza,Council Member Magill,Council
Member McIntyre,Council Member Rubio and Council Member Rosas
Nay: 1 - Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 1 - Council Member Hunter
Enactment No: M2016-060
R. BRIEFINGS: (ITEM 30)
30. Assessment of the Efficiency and Effectiveness of the City of
Corpus Christi Financial Services
Mayor Martinez deviated from the agenda and referred to Item 30. Assistant
Director of Strategic Management Saundra Thaxton stated that the purpose of
this item is to present the results of the assessment of the efficiency and
effectiveness of the City of Corpus Christi's Financial Services Department.
Assistant Director Thaxton provided an overview covering the following
topics: an overview of the assessment,including its purpose and
recommendations;prior assessments;the scope and objectives of this
assessment;a schedule;and budget.
Alyssa Martin and Daniel Graves of Weaver&Tidwell,L.L.P.(Weaver)provided
a presentation covering the following topics: the procedures performed;
organization and support of Financial Services;staffing levels;financial
policies;financial performance reporting; preparation of the Comprehensive
Annual Financial Report(CAFR);and divisional operations.
Director of Financial Services Constance Sanchez provided the director's
response which convered the following topics: offering thanks to the staff of
the Financial Services Department;major issues,health and safety issues;
staffing;lack of reporting with new software;utility meter and billing issues;
compliance with the Texas Prompt Payment Act;financial policies;Financial
Services'concurrence with nearly all recommendations in the Weaver report;
an implementation plan;and that 20%of the recommendations have been
implemented.
Council members discussed the following topics: long-term fixes;changing a
culture;the cost of leased employees versus city employees;congratulating
the Financial Services Department for implementing recommendations along
the way;the need to address Infor integration issues and the high usage of
leased employees;meter reading;that the Audit Committee should conduct a
6-or 9-month follow up to report back to the city council regarding
implementation of the recommendations contained in the Weaver Report;roof
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repairs needed at the City's Warehouse;recurring automated payments online
for utility bills;CAFR software;vacant positions;automated meter reading
flagging of usage anomolies at occurrence and before reaching billing;
contacting customers regarding such anomolies before sending customers
their monthly bills;requesting an update from Acting City Manager Rose
regarding the work order backlog in Utility Field Operations;and the
importance of the City effecting prompt payment of vendors'invoices,
particularly with respect to small contractors.
Acting City Manager Rose stated that there are critical items identified in the
report that will be discussed during the this year's budget process and that a
long-term plan is needed.
M. PUBLIC HEARINGS: (ITEM 12)
12. Public Hearing and First Reading Ordinance -Rezoning property
located at 3142 Masterson Drive and 6201 Kostoryz Road
Case No. 0516-01 Paisano Contractors, LLC: A change of zoning from
the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood
Commercial District. The property is described as being 3.1 acres out
of Lot 3, Section 8, Bohemian Colony Lands, and Lot 1 B, Block 1,
Crestmont Unit 11 (0.76 acres), located on the northwest corner of
Masterson Drive and Kostoryz Road.
Planning Commission and Staff Recommendation (May 18, 2016):
Approval of the change of zoning from the "RS-6" Single-Family 6
District to the"CN-1" Neighborhood Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Paisano Contractors, LLC ("Owner"), by changing the
UDC Zoning Map in reference to 3.1 acres out of Lot 3, Section 8,
Bohemian Colony Lands, and Lot 1B, Block 1, Crestmont Unit 11 (0.76
acres), from the "RS-6" Single-Family 6 District to the"CN-1"
Neighborhood Commercial District; amending the Comprehensive Plan
to account for any deviations; and providing for a repealer clause and
publication.
Mayor Martinez deviated from the agenda and referred to Item 12. Interim
Director of Development Services Daniel McGinn stated that the purpose of
this item is to rezone the subject property to allow general commercial uses
and that a project has not been identified. Interim Director McGinn stated that
the Planning Commission and staff are in favor of the zoning change.
Mayor Martinez opened the public hearing.There were no comments from the
public.Mayor Martinez closed the public hearing.
Council members spoke regarding the following topics: installation of a traffic
light at the intersection of Masterson Drive and Kostoryz Road;that a project
has not been identified for this parcel of land;and the consistency of the
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zoning being requested with surrounding zoning.
In response to a question from a council member,Interim Director McGinn
stated that no objections were received in response to notifications mailed to
surrounding property owners.
Council Member Scott 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 Hunter,Council
Member Magill,Council Member McIntyre,Council Member Rubio,
Council Member Rosas,Council Member Scott and Council Member
Vaughn
Abstained: 0
N. REGULAR AGENDA: (ITEM 13)
13. 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.
Mayor Martinez referred to Item 13. Director of Financial Services Constance
Sanchez stated that the purpose of this item is to execute a service agreement
with Padgett Stratemann&Co.L.L.P.of San Antonio,Texas,to provide
professional auditing services and that Section 21,regarding key personnel,
was added per the Motion of Direction provided by city council during the city
council meeting of May 31,2016.
There were no comments from the public.
In response to a council member,City Attorney Miles Risley stated that the
reason key individual professionals'names are cited in the newly added
Section 21 and not the name of specific subcontractor in order to allow the
contractor to exercise the proper degree of control over its subcontractor.
Council Member Garza made a motion to approve the motion,seconded by
Council Member Rosas. This Motion was passed and approved with the
following vote:
Aye: 9- Mayor Martinez, Council Member Garza,Council Member Hunter,Council
Member Magill, Council Member McIntyre,Council Member Rubio,
Council Member Rosas,Council Member Scott and Council Member
Vaughn
Abstained: 0
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Enactment No:M2016-063
L. EXECUTIVE SESSION: (ITEMS 8 - 11)
Mayor Martinez referred to the day's executive sessions.The Council went into
executive session.
8. 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.
9. Executive Session pursuant to Section Texas Gov't Code§
551.071 and Texas Disciplinary Rules of Professional Conduct Rule
1.05 to consult with attorneys concerning legal issues related to
industrial districts and the requested deannexation of land in the
vicinity thereof.
This E-Session Item was discussed in executive session.
10. Executive Session pursuant to Section Texas Government Code§
551.071 and Texas Disciplinary Rules of Professional Conduct Rule
1.05 to consult with attorneys concerning legal issues related to water
and utility regulatory matters, including, but not limited to, TCEQ
standards and enforcement actions.
This E-Session Item was discussed in executive session.
11. 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 conveyance,
lease, and sale of City property and pursuant to Texas Government
Code§551.072 to discuss and deliberate the purchase, exchange,
lease, and value of real property located at 521 Josephine Street
known as Ben Garza Park when deliberation in open meeting would
have a detrimental effect on the position of the governmental body in
negotiations with a third person.
This E-Session Item was postponed to the city council meeting of June 21,
2016.
BRIEFINGS: (ITEMS 30&35)
31. *Approximate Time 3:30 pm*
Charter Review Ad Hoc Committee Final Report
Mayor Martinez deviated from the agenda and referred to Item 31. Chair of the
Charter Review Ad Hoc Committee(Charter Committee)John Bell stated that
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the purpose of this item is present the Charter Committee's Final Report.
Chair Bell recognized the members of the Charter Committee and provided a
presentation covering the following topics:
Proposition 1 -Establishing a dedicated fund to be used solely for residential
street reconstruction and authorizing the city council to levy,assess and
collect a property tax not to exceed six cents($0.06)per one hundred($100.00)
of assessed value for the purpose of residential street reconstruction,said
taxes to be maintained in this dedicated fund and used solely for the purpose
of residential street reconstruction,and said taxes to be gradually
implemented at a rate of not more than two cents($0.02)per one hundred
dollars($100.00)per year.
Chair Bell discussed the following topics: that this tax would be outside the
property tax cap;the amount the tax would raise;its gradual implementation;
and its deductability on federal income taxes versus user or maintenance fees
not being deductible.
Council members and Chair Bell discussed the following topics: using
property taxes versus fees to raise monies;funding street repairs by various
means and not solely via property taxes;that city council must still vote on tax
increases in future years;this tax being subject to property tax rollback;and
the potential for automatic rollback legislation at the state level.
City Secretary Rebecca Huerta stated that property tax rollback elections are
not relegated to being held on uniform election dates.
Council members and Chair Bell discussed the following additional topics: the
intent of Proposition 1 is to create a lock box for reconstruction;the definition
of reconstruction;the federal definition of reconstruction;the distinction
between maintenance and reconstruction;that Proposition 1 is a
pay-as-you-go program;the use of bond monies;contractor capacity
considerations;and whether monies from this tax should be used for
maintenance and operations,debt service,architectual or engineering fees or
overhead costs.
MOTION OF DIRECTION
Council Member McIntyre made a motion of direction directing staff to bring
back language to the city council to exclude the use of this fund for debt
service,maintenance and operations exepenses,but allowing for architectual
and engineering costs associated with residential street reconstruction
projects.
Council members and Chair Bell discussed the following topics: whether the
fund should be used to fund project management costs;that the intent of this
fund is for residential street reconstruction;the cost of utilities;that this fund
is one component of various funding sources for reconstruction of streets;
and what language should be included in the City Charter.
This Motion of Direction passed unanimously.
Council members and Chair Bell also discussed the cost of utilities on
commerical,arterials and residential streets. In response to a question from a
council member,City Attorney Miles Risley stated that,as currently written,the
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languange in Proposition 1 would cover residential street reconstruction costs,
but not associated utility costs. A council member suggested adding the term,
"and associated utility costs"to the Proposition. In response to a question
from a council member,City Attorney Risley stated that the addition of such
language,regarding utility costs,would broaden the scope of what could be
spent out of the Street Fund to include utility costs,but would not mandate
expenses related to utilities.
Council members then discussed the following topics: the added flexibility of
including"and associated utility costs"language in Proposition 1;and the
need for additional revenue sources,even if such language is included.
MOTION OF DIRECTION
Council Member McIntyre made a motion of direction directing city staff to add,
"and associated utility costs"to Proposition 1,seconded by Council Member
Scott and passed unanimously.
A council member and Chair Bell discussed that the amount of money to be
raised through Proposition 1;and that approximately$3.4 million dollars is
projected to be raised each year so that the total amount projected to be raised
in year three,and each year thereafter,will total approximately$10 million.
Chair Bell went on to present the remaining propositions as follows:
Proposition 2-Providing that the mayor pro tem shall be the council member
elected at-large who received the highest number of votes. Chair Bell stated
that this addresses the stability needed in a mayor pro tem;that ceremonial
functions could be shared;and that it addresses the issue of disability of the
mayor.
Proposition 3-Adjusting total annual compensation for the mayor to$24,000
and total annual compensation for each council member to$18,000,and
eliminating all other forms of compensation,to be effective with the city
council elected in 2022. Chair Bell stated that the city council's current
compensation was set in 1975;this would eliminate the mayor's and city
council members'car allowances and health insurance coverage;no other
compensation would be allowed;and is designed to allow more people the
opportunity to serve on the city council.
Proposition 4-Allowing for procurement of contracts for independent auditor
with terms up to five years,up from the current three-year limit.
Proposition 5-Providing for the appointment of two alternate members to the
Civil Service Board. Chair Bell stated that this will be in addition to the three
members currently appointed to the Board;will assist in timely scheduling of
cases and allow replacements if conflicts arise.
Proposition 6-Eliminating the prohibition on city employees fling for
nomination or election to municipal public office to comply with Texas Local
Government Code Section 150.041 due to state law having changed,
disallowing such prohibition.
Proposition 7-Providing authority to issue bonds in accordance with the laws
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of the State of Texas,in compliance with Texas laws created to provide
authority to borrow funds.
Proposition 8-Clarifying the approval process for leases,updating the
statutory reference,and eliminating the waiting periods for leases and lease
amendments which do not exceed 5 years,which maintains the referendum
requirement for leases over 5 years;updates statutory reference for petitions;
and eliminates the waiting period if under 5 years.
Proposition 9-Repealing an unnecessary provision regarding untreated water
supply contracts because separate authority for untreated water supply
contracts is not needed.
Proposition 10-Updating legal references in the general powers section and
clarifying the general powers.
Proposition 11 -Clarifying the procedures regarding purchases and contracts
to be in conformity with state law because the Charter language is out of date
as state laws have changed to allow different types of competitive
procurements.
Chair Bell also addressed the city council's charge to the Charter Commission
to review the mayor's and city council members'terms of office. Chair Bell
stated that three-year terms were problematic regarding off-years;a four-year
term for only the mayor was considered;as well as four-year terms for all
council members. However,Chair Bell stated that any term longer than two
years would require an amendment to the Texas Constitution because not all
members of the city council are elected by a majority vote. Chair Bell also
discussed staggered terms and the challenges they would present. In
conclusion,Chair Bell stated that a consensus was not reached among
Commission Members regarding any change.
City Secretary Rebecca Huerta announced that a public hearing will be held
during the June 21,2016 city council meeting to discuss and consider the
proposed Charter Amendments for the November 8,2016 Special Election.
35. Foresight Golf Annual Update
Mayor Martinez deviated from the agenda and referred to Item 35. Interim
Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose
of this item is to present the Foresight Golf Annual Update. Interim Director
Anaya introduced the Chief Executive Officer of Foresight Golf,Dan Pedrotti
who introduced the following Foresight employees: Chief Operating Officer Ed
Miller,Area Manager Peter Palacios,and Golf Operations'Mike Wylan.
Interim Director Anaya provided a presentation covering the following topics:
lease timeline;financial highlights,financial review;2015 recap;2016 financial
goals,2016 course improvement plans;foot golf opportunities and
learn-to-play-golf outreach opportunities.
Ed Miller explained the learn-to-play-golf program.
Council members discussed the following topics: the term of the existing
contract with Foresight Golf;the capital improvement program;the golf
surcharge;the current fund balance;that 51.50 per round of golf is collected
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and goes into the Capital Fund;elimination of the existing negative fund
balance;that the surcharge is not applied toward the fund balance;the need
for improvements to parking lots;and thanks to Foresight Golf.
O. FIRST READING ORDINANCES: (ITEMS 14-20)
14. First Reading Ordinance-Adopting International Fire Code with
local amendments
Ordinance adopting the International Fire Code, 2015 Edition, with
local amendments, as the Fire Code of the City of Corpus Christi; and
providing for severance, publication, penalty, and an effective date.
Mayor Martinez deviated from the agenda and referred to Item 14. Fire Chief
Robert Rocha stated that the purpose of this item is to adopt the International
Fire Code with amendments..
There were no comments from the public.
Council members discussed the following topics: changes to sprinkler system
requirements in commercial buildings;the cycle on which changes to the Fire
Code and other Codes will come to city council;and the fire code requirements
for certain home daycares.
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: 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
Absent: 1 - Council Member Hunter
Abstained: 0
15. First Reading Ordinance- Naming the park located at Coves of
Lago Vista subdivision
Ordinance naming the park located at Coves of Lago Vista subdivision
as Barclay Park.
Mayor Martinez referred to Item 15. Interim Director of Parks and Recreation
Stacie Talbert Anaya stated that the purpose of this item is to name the park
located at Coves of Lago Subdivision Barclay Park. Interim Diretor Anaya
stated that,through an administrative error,this.8-acre parcel of donated land
was omitted from the Parks and Recreation Department's inventory of
parkland;this is a niche park which calls for benches,trees and trails;that the
local Homeowners'Association has been maintaining this parcel of land and
wishes to continue to do so;that it is to be named for local resident Dan
Martin's grandfather-and grandmother-in-law;and the name change
recommendation before city council has been approved by the Parks&
Recreation Advisory Committee.
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Council members discussed the following topics: whether there were any
other administrative errors;the City's and Dan Martin's financial commitment
to this project;that this park will continue to be maintained by the
Homeowners'Association;that the City's commitment of$12,000 is for trees,
benches and a trail;whether the Nueces County San Juan Park that lies within
the city limits is in the Parks&Recreation Department's inventory;the time
table and process for the 2017 Parks&Recreation Department's Master Plan;
thanks to the Homeowners'Association and Dan Martin;the process regarding
parks that have recently been closed and left open;and signage for the park.
There were no comments from the public.
Council Member Garza made a motion to approve the ordinance,seconded by
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 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
16. First Reading Ordinance-Accepting and appropriating a State
grant for the Oso Bay Wetlands Preserve and Learning Center
Ordinance authorizing the City Manager or designee to execute
documents to accept a Community Outdoor Outreach Program grant
from the Texas Parks and Wildlife Department in amount of
$48,033.00 for the Observing Science Outdoors Summer Guardians
2016 with City matching funds of$4,950 and an in-kind match of
$8,391, for total program funds of$61,371; appropriating the
$48,033.00 grant in the No. 1067 Parks Grants fund and authorizing
the transfer of$4,950 from the No. 1020 General Fund to the No. 1067
Parks Grant fund and appropriating the same for the Observing
Science Outdoors Summer Guardians 2016.
Mayor Martinez referred to Item 16. Interim Director of Parks&Recreation
Stacie Talbert Anaya stated that the purpose of this item is to execute
documents to accept a Community Outdoor Outreach Program grant from the
Texas Parks and Wildlife Department in the amount of$48,033.00 for the
Observing Science Outdoors Summer Guardians 2016,with City matching
funds of$4,950 and an in-kind match of$8,391,for total program funds of
$61,371.
There were no comments from the public.
Council members discussed: being in favor of this item and asked Interim
Director Anaya to ensure the facility is well publicized.
Council Member Garza 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:
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Aye: 9- Mayor Martinez,Council Member Garza,Council Member Hunter, Council
Member Magill,Council Member McIntyre, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
17. First Reading Ordinance- Lease agreement for the 2016 Arts
Alive! Event
Ordinance authorizing the City Manager or designee to execute an
agreement with the Arts Community Center of Corpus Christi, Inc. to
allow use of area generally bounded by current and former N.
Shoreline Blvd., between Coopers Alley and Williams Street, for the
Arts Alive! Event and related activities on September 1 through
September 5, 2016.
Mayor Martinez referred to Item 17. Interim Director of Parks&Recreation
Stacie Talbert stated that the purpose of this item is to execute an agreement
with the Arts Community Center of Corpus Christi,Inc.to allow use of the area
generally bounded by current and former N.Shoreline Blvd.,between Coopers
Alley and Williams Street,for the Arts Alive! Event and related activities from
September 1 through September 5,2016.
There were no comments from the public.
Council Member Scott made a motion to approve the ordinance,seconded by
Council Member Hunter. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor Martinez, Council Member Garza,Council Member Hunter, Council
Member Magill, Council Member McIntyre,Council Member Rubio,
Council Member Rosas,Council Member Scott and Council Member
Vaughn
Abstained: 0
18. First Reading Ordinance-Amending State Speed Limit in Certain
Zones Along Shoreline Drive and Ennis Joslin Road
Ordinance amending the Code of Ordinances, Chapter 53, Article VIII,
Section 53-254 Schedule V, Increase of State Speed Limit in Certain
Zones by adding Ennis Joslin from Wooldridge Road to Holly Road
and updating North and South Shoreline Boulevard and amending
Section 53-255 Schedule VI, Decrease of State Law Maximum Speed
by removing East Shoreline Boulevard
Mayor Martinez referred to Item 18. Executive Director of Public Works Valerie
Gray stated that the purpose of this item is to increase the state speed limit in
certain zones by adding Ennis Joslin from Wooldridge Road to Holly Road and
updating North and South Shoreline Boulevard and amending Section 53-255
Schedule VI,Decrease of State Law Maximum Speed by removing East
Shoreline Boulevard. Executive Director Gray said this recommendation was
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approved by the Transportation Advisory Commission at their April 25,2016
meeting.
In response to a council member's question,Executive Director Gray stated
that this item is intended to ensure the posted speed limits in these areas
match the speed limits set out in the City's Code of Ordinances and that Traffic
Engineering conducted a traffic study in the subject area. City Attorney Risley
stated that speed limits are to based on speed studies and the 85th percentile.
There were no comments from the public.
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Member Hunter. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council
Member Magill,Council Member McIntyre, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
19. First Reading Ordinance-Interlocal Agreement Amendment for
County Road 52 Extension Phase 1B
Ordinance amending the FY 2016 Capital Budget to add Project No.
E16303 County Road 52 Phase 1B, appropriating $100,000 of
anticipated revenue from Nueces County, Texas; approving
Amendment No. 1 to an Interlocal Agreement with Nueces County,
Texas; and authorizing the City Manager, or designee, to execute
Change Order No. 2 with Haas Anderson Construction of Corpus
Christi, Texas in the amount of$649,017.80 for the County Road 52
project Phase 1B for final surface treatment and completion of project.
(BOND 2008)
Mayor Martinez referred to Item 19. Executive Director of Public Works Valerie
Gray stated that the purpose of this item is to approve Amendment No.1 to an
Interlocal Agreement with Nueces County and an ordinance amending the
capital budget appropriating$100,000 of anticipated revenue from Nueces
County and for the execution of Change Order No.2 with Haas Anderson
Construction for the final surface treatment and completion of County Road 52
Phase 1B. This project was approved by the Nueces County Commissioners at
their June 8,2016 meeting.
There were no comments from the Council or the public.
Council Member Vaughn made a motion to approve the ordinance,seconded
by Council Member McIntyre. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor Martinez,Council Member Garza, Council Member Hunter,Council
Member Magill,Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
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Abstained: 0
20. First Reading Ordinance-Authorizing the Issuance of Utility
System Revenue Refunding Bonds
Ordinance authorizing the issuance of"City of Corpus Christi, Texas
Utility System Junior Lien Revenue Refunding Bonds, Series 2016" in
an amount not to exceed $84,735,000; making provisions for the
payment and security thereof by a junior and inferior lien on and
pledge of the net revenues of the City's Utility System on a parity with
certain currently outstanding utility system revenue obligations;
stipulating the terms and conditions for the issuance of additional
Revenue Bonds on a parity therewith; prescribing the form, terms,
conditions, and resolving other matters incident and related to the
issuance, sale, and delivery of the Bonds; including the approval and
distribution of an official statement pertaining thereto; authorizing the
execution of a paying agent/registrar agreement, an escrow
agreement, and a purchase contract; complying with the
requirements imposed by the letter of representations previously
executed with the depository trust company; delegating the authority to
certain members of the City staff to execute certain documents relating
to the sale of the bonds, and providing an effective date.
Mayor Martinez referred to Item 20. Director of Financial Services Constance
Sanchez stated that the purpose of this item is a refunding opportunity for the
City's utility system revenue bonds of up to$84,735,000 for a net present value
savings of$13.1 million or 16.65%to be realized,if all eligible outstanding
bonds are refunded at today's interest rates,with the actual amount to be
refunded to be determined at the time of pricing.Related to this item is Item 29
on the Future Agenda,which would appoint M.E.Allison&Co.as the City's
financial advisor for the Issuance of Utility System Revenue Refunding bonds.
There were no comments from the Council or the public.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Hunter. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor Martinez,Council Member Garza,Council Member Hunter, Council
Member Magill,Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
P. FUTURE BOARD MEETING: (ITEM 21)
21. Special Board Meeting of the Corpus Christi Housing Finance
Corporation
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Mayor Martinez referred to Item 21 and stated that a special board meeting of
the Corpus Christi Housing Finance Corporation will be held on June 21,2016.
Q. FUTURE AGENDA ITEMS: (ITEMS 22 -29)
Mayor Martinez referred to Future Agenda Items. Acting City Manager Margie
Rose stated that staff had a presentation on Item 26.
22. Resolution authorizing submission of grant application for a
Federal grant and Interlocal Agreement for grant funds
Resolution authorizing the City Manager, or designee, to submit a
grant application in the amount of$163,004 to the U.S. Department of
Justice, Bureau of Justice Assistance for funding eligible under the
Edward Byrne Memorial Justice Assistance Grant(JAG) Program FY
2016 Local Solicitation with 50% of the funds to be distributed to
Nueces County under the established Interlocal Agreement; and
authorizing the City Manager or designee to execute Interlocal
Agreement between the City of Corpus Christi and Nueces County to
establish terms for the sharing of the Edward Byrne Memorial Justice
Assistance Grant(JAG) Program FY 2016 Local Solicitation.
This Resolution was recommended to the consent agenda.
23. Resolution awarding Service Agreements for Bayfront and
Medians Turf and Grounds Maintenance and Stormwater
Improved Rights-of-Way Mowing
Resolution finding the lowest, responsive, responsible bidder for
mowing services by grouped acreage in response to Bid Event No.
104, 110, 111, 112, 113, 114 and 115; awarding a service agreement
to the lowest, responsive, responsible bidder for each acreage group;
and authorizing the City manager or designee to execute a service
agreement with the lowest, responsive, responsible bidder for each
acreage group for a total cost of$288,905.73 of which $72,226.43 is
required for the remainder of FY 2015-2016. Agreements will be for
one year with an option to extend for up to four additional one year
terms, subject to the approval of the Contractor and the City Manager
or designee. Funds have been budgeted by the Parks and Recreation
Department in FY 2015-2016.
Cut Masters Lawn Service Dorame General Repair& Lawn
Corpus Christi, Texas Corpus Christi, Texas
$13,692.00 $139,349.13
Texas Gulf Coast Contracting La Med Facility maintenance, Inc.
dba Gulf Coast Maintenance San Antonio, Texas
Corpus Christi, Texas $37,483.60
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$98,381.00
This Resolution was recommended to the consent agenda.
24. Supply Agreement for chemical used for the treatment of potable
drinking water at the O.N. Stevens Water Treatment Plant
Motion approving a Supply Agreement with Carus Corporation, Peru,
Illinois, for approximately 720,000 wet pounds of Sodium
Permanganate in accordance with Bid Invitation No. 118, based on the
lowest, responsive and responsible bid for a not to exceed amount of
$878,400.00 of which $219,600.00 is required for the remainder of FY
2015-2016. The term of the agreement shall be for one year with an
option to extend for up to two one year terms, subject to the approval
of the supplier and the City Manager or designee. Funds have been
budgeted by the Water Department in FY 2015-2016.
This Motion was recommended to the consent agenda.
25. Engineering Design Contract Amendment No. 3 for the
Programmed Water Line Service Life Extension for City-Wide
Distribution Repair and Replacement-Indefinite
Delivery/Indefinite Quantity (IDIQ) Procurement
Motion authorizing the City Manager, or designee, to proceed with
delivery order preparation by executing Amendment No. 3 to the
Engineering Design Contract with Urban Engineering of Corpus
Christi, Texas in the amount of$328,350, for a total restated fee not to
exceed $645,790 for the Programmed Water Line Service Life
Extension for City-Wide Distribution Repair and Replacement-
Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement.
This Motion was recommended to the consent agenda.
26. Construction Contract and Materials Testing Agreement for
Kostoryz Road from Brawner Parkway to Staples Street(Bond
2012, Proposition 1)
Motion authorizing the City Manager, or designee, to execute a
construction contract with Reytec Construction Resources, Inc. of
Houston, Texas in the amount of$8,796,224.60 and a construction
materials testing agreement with Rock Engineering and Laboratory,
Inc. in the amount of$64,924.00 for Kostoryz Road from Brawner
Parkway to Staples Street. (BOND 2012 Proposition 1)
This Motion was recommended to the consent agenda.
27. Engineering Design Contract for Sea Town (aka S.E.A. District)
Pedestrian Improvements (Bond 2012, Proposition 8)
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Motion authorizing the City Manager, or designee, to execute an
Engineering Design Contract with LJA Engineering, Inc. of Corpus
Christi, Texas in the amount of$157,806.71 for the SeaTown (aka
S.E.A. District) Pedestrian Improvements project for engineering
design services. (Bond 2012, Proposition 8).
This Miwmno rr nda
28. ServiceotAgreementonas recoformeLindalededtthe SenioregulaCa .
Roof Repair
Motion authorizing the City Manager, or designee, to execute a service
agreement with South Texas Metal Roofing of Corpus Christi, Texas,
for the roof repair of Lindale Senior Center, in accordance with Bid
Event No. 96 based on the lowest, responsive and responsible bid for
a base cost of$174,850 and an additional 10% project contingency in
the amount of$17,485 for unforeseen repairs.
This Motion was recommended to the consent agenda.
29. Appointing Financial Advisor for Issuance of Utility System
Revenue Refunding Bonds
Motion authorizing the appointment of and approving the contract for
M. E. Allison, & Co., as Financial Advisor for the issuance of the"City
of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding
Bonds, Series 2016", in an amount not to exceed $84,735,000.
This Motion was recommended to the regular agenda.
R. BRIEFINGS: (ITEMS 30 -35)
32. Drinking Water Treatment: The Basics And Drinking Water Short
Term Action Plan
Mayor Martinez deviated from the agenda and referred to Item 32. Interim
Director of Water&Utilities Dan Grimsbo stated that the purpose of this item is
to provide two presentations: one on Water Basics,the other on the
short-term action plan. Interim Director Grimsbo introduced Dr.William Becker
of Hazen&Sawyer.
Dr.Becker provided the Water Basics presentation which covered the
following topics: acronyms used;death rate decline chart for typhoid fever
and control of waterborne diseases;disinfection by-products;the Stage 2
Disinfection By-Products(DBP)Rule;regulatory challenges;types of
disinfectant systems;sources of natural organic matter;DBP formation;DBP
control in the water system;the typical conventional water filtration plant
process;the coagulation process;the flocculation process;the sedimintation
process;DBP control options;the history of chloramines;what are
chloramines;how chloramine is formed;treatment options,including:
advanced natural organic matter removal and activated carbon;annual cost of
compliance technology options;and next steps.
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Council members and Dr.Becker discussed the following topics: the linear
nature of the City's water distribution system; use of a water distribution tree
system;problems associated with a grid system;the use of localized chlorine
"burns";whether there is flouride in the City's water system;if flouride is a
carcinogen or if it hastens the corrosion of pipes in the water distribution
system;the estimated$150-$200 million dollar cost of an active carbon
treatment system;an explanation of the process of active carbon treatment;
the need for a 1-year pilot study of active carbon treatment;the time to bid will
be approximately 2 years;that the construction period will be an additional 2
years to move to free-chlorine on a regular basis;and other states'regulations
in comparison to those in Texas.
Interim Director Dan Grimsbo provided a presentation on the Short-Term
Action Plant at the water treatment plant and in the water distribution system.
33. Discussion and Direction -Vehicle for Hire/Taxi Ordinance
Mayor Martinez referred to Item 33. Interim Assistant City Manager Jay
Ellington stated that the purpose of this item is to update the Council on the
status of the Vehicle-for-Hire ordinance.
Interim Assistant City Manager Ellington provided a presentation that covered
the following topics: a timeline;costs associated with removing City taxi
vehicle inspections;additional comments from taxi companies and an example
of zones and placards.
Council members,Interim Assistant City Manager Ellington and Police Captain
William Breedlove discussed the following topics: setting the street rental fee
at a reasonable amount;whether the amount can be the same for
Transportation Network Companies(TNC)and Vehicles-for-Hire(VFH);whether
the street rental fee should be a percentage or a flat fee,and tiered;the amount
of regulations for the VFH industry;the differences between the TNC and VFH
industries and how to address those difference in the City's ordinances;a
tiered approach that is scalable up and down;and a desire that changes
should be revenue-neutral.
MOTION OF DIRECTION
Mayor Martinez made a motion directing staff to discuss with TNCs,whether
they prefer the 2%fee or a flat fee that is tiered and revenue neutral,seconded
by Council Member McIntyre and passed unanimously.
Council members,Interim Assistant City Manager Ellington and Captain
Breedlove further discussed the following topics: the need for the City to be
reasonable in setting the fee;not wanting the City to subsidize VFH
companies;conducting a survey of taxi and limousine businesses,asking for
their total revenues;that from information to date,taxi companies indicate that
the 2%fee would be much higher than what they are now paying via the street
user fee;a desire to reduce regulation on the industry and ensure the
ordinance is simple;the comments from the Corpus Christi Airport Board;
considering a quarterly or annual payment at the Airport;and the
transferability of the Airport fee to another vehicle.
34. Corpus Christi-Nueces County Public Health District Response to
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ZIKA
Mayor Martinez referred to Item 34. Director of the Health Department Annette
Rodriguez stated that the purpose of this item is to provide an update on the
Corpus Christi-Nueces County Public Health District's response to Zika.
Director Rodriguez introduced Dr.William W.Burgin,Local Health Authority,
Dr.Dante Gonzalez,Public Health Administrator and Police Captain
Christopher White with the City's Vector Control Program.
Director Rodriguez provided a presentation that covered the following topics:
Zika symptoms;Zika virus cases in Texas and Nueces County;effects on
pregnancy;treatments;prevention;the City's Vector Control response to
detection of the Zika,Dengue,Yellow Fever and Chickungunya viruses;the
Health District's efforts;and the Health District's recommendations to reduce
the risk of exposure.
Council members and staff discussed the following topics: the correct way to
rectify high weeds,standing water or tires; reporting options for problematic
addresses/locations;how Zika can be transmitted;that symptoms appear in
the third or fourth day and the virus is live for 7-10 days;after having had the
virus one becomes immune to contracting the virus again;that there are not
currently any cases of Zika in Nueces County;the use of mineral oil to treat
standing water in order to kill mosquito larvae;and the importance of wearing
mosquito repellant,most particularly when traveling to foreign countries where
the Zika virus is present so as not to bring the virus back to the United States.
S. ADJOURNMENT
The meeting was adjourned at 8:29 p.m.
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