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I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of July 19, 2016 which were approved by the City
Council on July 26, 2016.
WITNESSETH MY HAND AND SEAL, on this the 26th day of July, 2016.
•
Rebecca Huerta
City Secretary
SEAL
INDEXED
• 1201 Leopard Street
Corpus Christi11. 0corpus Christi,Tx 78401
Zcctexas.com
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Meeting Minutes
task-
City
Council
Tuesday,July 19,2016 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 Rabbi Ilan Emanuel, Congregation Beth Israel.
Rabbi Ilan Emanuel gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Teri Barrera,
Executive Assistant to Police Chief, Police Department.
Executive Assistant to Police Chief Teri Barrera led the Pledge of Allegiance.
D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca Huerta called the roll and verified that a quorum of the
City Council and the required Charter Officers were present to conduct the
meeting.
Charter Officers:
City Manager 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: (NONE)
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez deviated from the agenda and referred to City Manager's
Comments.City Manager Margie C.Rose provided information the following
topics:
a. OTHER
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City Council Meeting Minutes July 19,2016
1)The Health District has established a 24-hour hotline to assist and provide
information regarding the Zika virus.The hotline number is 361-826-7204.2)
The Corpus Christi International Airport is treating travelers to live music from
a variety of local musicians on Thursday and Friday afternoons until
mid-August.3)The final Wastewater Management Plan public meeting will be
held Thursday,July 28,2016 at Del Mar College Center for Economic
Development,3209 Staples,Room 106.Participants will learn about three of
the ten short-listed plan alternatives and have an opportunity to provide
feedback.
H. MINUTES:
1. Regular Meeting of July 12, 2016
Mayor Martinez referred to approval of the minutes.Council Member McIntyre
made a motion to approve the minutes,seconded by Council Member Rubio
and passed unanimously.
BOARD &COMMITTEE APPOINTMENTS:
2. Ethics Commission
Mayor Martinez referred to board and committee appointments.The following
appointment was made:
Ethics Commission
Council Member McIntyre nominated Craig Rogers.Council Member Rubio
nominated Rob Bailey.Rob Bailey was appointed with Council Members
Vaughn,Rubio,Scott,Martinez,Garza,Magill,Hunter,and Rosas voting for
Rob Bailey and Council Member McIntyre voting for Craig Rogers.
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 3 -23)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda.There were no comments from
the public.City Secretary Rebecca Huerta announced that Item 6 was being
pulled by staff to address a minor correction.Council members requested that
Items 12 and 22 be pulled for individual consideration.
Council Member Garza made a motion to approve the consent agenda items,
seconded by Council Member McIntyre.The consent agenda items were
passed and approved by one vote as follows:
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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3. Resolution ratifying the submission of a grant application for the
Man-Portable X-ray Units project
Resolution ratifying the submission of a grant application in the amount
of$82,985.59 to the Office of the Governor for the Man-Portable X-ray
Units project; and authorizing the City Manager or the City Manager's
designee to accept, reject, alter or terminate the grant.
This Resolution was passed on the Consent Agenda.
Enactment No: 030888
4. Resolution ratifying the submission of a grant application for
SWAT Ballistic Protection Equipment
Resolution ratifying the submission of a grant application in the amount
of$181,873.20 to the Office of the Governor for the SWAT Ballistic
. Protection Equipment project; and authorizing the City Manager or the
City Manager's designee to accept, reject, alter or terminate the grant.
This Resolution was passed on the Consent Agenda.
Enactment No:030889
5. Approving the lease of six trucks for the Utilities Department
Motion approving the lease of six trucks from PV Rentals, for the
amount of$65,880 based on a cooperative purchasing agreement with
the Texas Local Government Purchasing Cooperative, dba BuyBoard,
of which $16,470 is required for the remainder of FY 2015-2016.
Funds have been budgeted by the Utilities Department. The remaining
contract balance will be funded through FY2016-2017. The term of the
contract will be for one year with no extensions.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-073
7. Change Order No. 2 for the City-Wide Collection System
Replacement and Rehabilitation Indefinite Delivery/Indefinite
Quantity (IDIQ) Program
Motion authorizing the City Manager, or designee, to execute Change
Order No. 2 with National Power Rodding Corporation of Chicago,
Illinois in the amount of$596,194.57 for a total restated fee of
$3,437,500.00 for the City-Wide Collection System Replacement and
Rehabilitation Indefinite Delivery/Indefinite Quantity(IDIQ) Program
(Program).
This Motion was passed on the Consent Agenda.
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Enactment No: M2016-075
8. Purchase of 30 Cabinet Assemblies with Cobalt Controllers and 5
individual Cobalt Controllers
Motion approving the purchase of 30 Cabinet Assemblies with Cobalt
Controllers and 5 individual Cobalt Controllers from Paradigm Traffic
Systems, Houston, Texas based on a cooperative purchasing
agreement with Texas Local Government Purchasing Cooperative,
dba BuyBoard, for the amount of$338,200.00. The Street Department
has set aside funds in FY 2015-16 for this procurement.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-076
9. Resolution for executing the Regional Transportation Authority
(RTA) Notification for Additional Funding in 2016 Street
Preventative Maintenance Program (SPMP)
Resolution authorizing the City Manager or designee to execute the
"Notification for Additional Funding in 2016 (Street Maintenance
Program)" in an amount of$2,814,839.00 for the Corpus Christi
Regional Transportation Authority's fiscal year 2016 allocation to the
City's Street Preventative Maintenance Program (SPMP) projects.
This Resolution was passed on the Consent Agenda.
Enactment No:030890
10. Construction contract for Greenwood Drive from Gollihar Road to
Horne Road (Bond 2012, Proposition 1)
Motion authorizing the City Manager, or designee, to execute a
construction contract with HAAS-Anderson Construction, LTD of
Corpus Christi, Texas in the amount of$3,789,579.60 for Greenwood
Drive from Gollihar Road to Home Road for the total base bid. (BOND
2012 Proposition 1)
This Motion was passed on the Consent Agenda.
Enactment No: M2016-077
11. Engineering Design contracts for North Beach Area Road
Improvements and Area Beautification and Pedestrian
Improvements and Area Enhancements (Bond 2012 -Proposition
8)
Motion authorizing the City Manager, or designee, to execute
Engineering Design Contracts with LJA Engineering, Inc. of Corpus
Christi, Texas in the amount of$130,524.70 for the North Beach Area
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- Road Improvements and Area Beautification project and
$121,358.39 for the North Beach Area- Pedestrian Improvements and
Area Enhancements for engineering design services. (Bond 2012,
Proposition 8)
This Motion was passed on the Consent Agenda.
Enactment No: M2016-078
13. Approving the purchase of Cisco SmartNet maintenance for the
City's Network Infrastructure and Internet Equipment
Motion authorizing the City Manager or designee to approve the
purchase of three years Cisco SmartNet maintenance with Great
South Texas Corp dba Computer Solutions of San Antonio, Texas,
DIR-TSO-2542, for a total expenditure of$485,731.11. Funds are
available in the Information Technology Department FY2015-2016
budget.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-080
14. Approving the expenditure of Type A funds for the rehabilitation
of La Armada II
Motion to approve the action of the Corpus Christi Business and Job
Development Corporation, authorizing the expenditure of$150,000 of
funding to the Corpus Christi Housing Authority for the rehabilitation of
La Armada II.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-081
15. Resolution authorizing the emergency expenditure for HVAC
repair at the American Bank Center
Resolution authorizing the emergency expenditure of$70,000 for
HVAC repair at the American Bank Center, which was approved by the
Corpus Christi Business and Job Development Corporation on May 16,
2016.
This Resolution was passed on the Consent Agenda.
Enactment No: 030891
16. Second Reading Ordinance-Rezoning property located at 2302
and 2314 Saratoga Boulevard (1st Reading 7/12/16)
Case No. 0616-04 Kitty Hawk Development, Ltd.: A change of zoning
from the"CG-1"General Commercial District to the"IL" Light Industrial
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District. The property to be rezoned is described as being a 2.8 acre
tract of land encompassing all of Lots 1 through 3, Block 10, Saratoga
Place and a portion of Lots 4 through 9 and a portion of Lot 12, Block
10, Saratoga Place, located on the north side of Saratoga Boulevard
(State Highway 357) and approximately 120 feet west of Ayers Street.
Planning Commission and Staff Recommendation (June 1, 2016):
Denial of the change of zoning from the "CG-1" General Commercial
District to the"IL" Light Industrial District and, in lieu thereof, approval
of the"IC" Industrial Compatible District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Kitty Hawk Development, Ltd. ("Owner"), by changing
the UDC Zoning Map in reference to a 2.8 acre tract of land
encompassing all of Lots 1 through 3, Block 10, Saratoga Place and a
portion of Lots 4 through 9 and a portion of Lot 12, Block 10, Saratoga
Place, from the"CG-1"General Commercial District to the"IC"
Industrial Compatible District; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030892
17. Second Reading Ordinance-Rezoning property located at 3945
Crosstown Expressway (State Highway 286) (1st Reading 7/12/16)
Case No. 0616-02 Coastal King, Ltd.: A change of zoning from the
"CN-1" Neighborhood Commercial District to the"CG-2"General
Commercial District. The property to be rezoned is described as Lot 4,
Block 4, Roseland Place, located on the northwest corner of Home
Road and Crosstown Expressway (State Highway 286).
Planning Commission and Staff Recommendation (June 1, 2016):
Approval of the change of zoning from the "CN-1" Neighborhood
Commercial District to the"CG-2" General Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Coastal King, Ltd. ("Owner"), by changing the UDC
Zoning Map in reference to Lot 4, Block 4, Roseland Place, from the
"CN-1" Neighborhood Commercial District to the"CG-2" General
Commercial District; amending the Comprehensive Plan to account for
any deviations; and providing for a repealer clause and publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030893
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18. Second Reading Ordinance-Rezoning property located at 1402
Agnes Street(1st Reading 7/12/16)
Case No. 0616-03 J.Z. Auto, LLC: A change of zoning from the"IL"
Light Industrial District to the"Cl" Intensive Commercial District. The
property to be rezoned is described as Lots 15 and 16, Block 3,
Chamberlin's Subdivision, located on the northwest corner of Agnes
Street and 12th Street.
Planning Commission and Staff Recommendation (June 15, 2016):
Denial of the rezoning from the "IL" Light Industrial District to the"Cl"
Intensive Commercial District and, in lieu thereof, approval of the
"CI/SP" Intensive Commercial District with a Special Permit subject to
three conditions.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by J.Z. Auto, LLC ("Owner"), by changing the UDC Zoning
Map in reference to Lots 15 and 16, Block 3, Chamberlin's
Subdivision, from the "IL" Light Industrial District to the "CI/SP"
Intensive Commercial District with a Special Permit; amending the
Comprehensive Plan to account for any deviations; and providing for a
repealer clause and publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030894
19. Second Reading Ordinance-Accepting and appropriating
Community Enrichment Funds for park improvements (First
Reading 6/21/16)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate$650,025.34 in
developer contributions, other donations and interest earnings in the
4720 Community Enrichment Fund for park improvements and other
related projects as described on the attached and incorporated Exhibit
A.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030895
20. Second Reading Ordinance-Authorizing City Manager or
designee to apply for,accept, and appropriate funds for the Texas
State Library Archives Commission (TSLAC) items (1st Reading
6/21/16)
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Ordinance authorizing the City Manager or designee to execute
documents to apply for and accept grants and reimbursements from
the Texas State Library and Archives Commission (TSLAC); and to
appropriate funds from TSLAC in the No. 1068 Library Grant Fund for
said City programs.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030896
21. Second Reading Ordinance-Authorizing City Manager or
designee to appropriate royalties from bequeathed oil, gas, and
mineral interest funds to Library fund (1st Reading 6/21/16)
Ordinance authorizing City Manager or designee to appropriate
royalties received from oil, gas, and mineral interests bequeathed to
the Corpus Christi La Retama Central Library by William T. Neyland
into the Library Grants fund No 1068.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030897
23. Second Reading Ordinance -Amending Chapter 9 of the Code of
Ordinances to allow for Transportation Network Companies (TNC)
to operate at Corpus Christi International Airport(1st Reading
6/21/16)
Ordinance amending Chapter 9 of the Code of Ordinances to establish
provisions for transportation network companies and transportation
network drivers to operate at the Corpus Christi International Airport;
and providing for penalties, severance, publication, and an effective
date.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030899
6. Supply Agreement for Liquid Cationic Polymer for treatment of
potable drinking water
Motion approving a Supply Agreement with Polydyne Inc. of Riceboro,
Georgia for water treatment chemicals in accordance with Bid
Invitation No. 116, based on the lowest responsive, responsible bid for
an estimated annual expenditure of$345,390.00 of which $57,565.00
is budgeted by the Water Department for the remainder of FY
2015-2016. The terms of the contract will be for one year with options
to extend for up to two additional one year periods, subject to the
approval of the Supplier and the City Manager or designee.
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Mayor Martinez referred to Item 6.Assistant Director of Financial Services Kim
Baker stated that there was a minor correction to the supply agreement.The
supply agreement refers to Specification 1181,dated 9/29/2008 and the Scope
of Work refers to the date of March 4,2016.When the procurement was being
prepared,a previous specification that was dated 2008 was used.During the
preparation of the solicitation package,the department decided to change the
specifications and quantities,however,failed to change the reference in the
agreement.The correction has been made and the vendor is aware of the
correction.
Council Member Garza made a motion to approve the motion,seconded by
Council Member Scott.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
Enactment No: M2016-074
12. Construction Inspection Staff Augmentation Contracts
Amendment No. 1
Motion authorizing City Manager, or designee, to execute Amendment
No. 1 for nine Construction Inspection Staff Augmentation (CISA)
contracts totaling $1,846,875 for a total not to exceed amount of
$2,291,695 providing augmented Construction Inspection staff within
Engineering Services Department.
Mayor Martinez referred to Item 12,approval for amendments to Construction
Inspection Staff Augmentation contracts.A council member asked what was
being done to address equity issues with construction inspectors presently
working for the City.Director of Engineering Services Jeff Edmonds stated that
the internal equity issue will be looked at with the Engineering Performance
Assessment Implementation Plan and staff will have to review the existing
compensation plan.
Council Member Magill made a motion to approve the motion,seconded by
Council Member Rubio.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
Enactment No: M2016-079
22. Second Reading Ordinance-Amending City Code Chapter 57 to
include revisions for vehicles for hire(1st Reading 6/21/16)
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Ordinance amending Chapter 57, Article II "TAXICABS"of the Corpus
Christi Code; Amending Chapter 57, Article IIIA"LIMOUSINE AND
SIGHTSEEING SERVICE"of the Corpus Christi Code; amending Sec.
57-284. -Transportation network company permit fee and Sec.
57-294. -Transportation network vehicles-Inspections of the Corpus
Christi Code; providing an effective date, severance, penalty, and
publication.
Mayor Martinez referred to Item 22,regarding revisions to the vehicle-for-hire
ordinance regarding taxi cabs.Interim Assistant City Manager Jay Ellington
and Assistant City Attorney Buck Brice responded to council member
questions regarding:the reasons for eliminating the fare cap;the number of
taxi companies in the city;a comparison on fare caps in other cities;and
whether removing the fare cap was requested by the taxi cab companies.
Council Member Vaughn made a motion to keep the existing cap in Section
57-131 in the ordinance,seconded by Council Member McIntyre.There was
continued discussion on the potential hourly rate,flat rate cap in zones;and
the minute rate.
City Attorney Miles K.Risley stated that staff would make changes to the
ordinance and provide recommendations for the maximum rate in the flat rate
zones and bring back the second reading of the ordinance after executive
session.
Council Member Vaughn rescinded her motion and Council Member McIntyre
rescinded her second.
Enactment No: 030898
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.William Goldston,13721 Tajamar Ct.,spoke on behalf of the Island
Strategic Action Committee regarding:concerns with inconsistency of code
enforcement on the beach and an update on the Mustang/Padre Island Area
Development Plan.Rick Montes,4040 Schanen Boulevard#142,provided
suggestion on various businesses needed in the community.Chris Phelan,
1321 Ayers,expressed concern for the lack of water quality in the City.Isabel
Araiza,326 Poenisch,spoke regarding the quality of City water and the City's
future water supply.Carolyn Moon,4902 Calvin,spoke regarding the expenses
related to desalination and taking care of the needs of the community.Linda
Gibeaut,410 Southern,spoke regarding the budget process and encouraged
the City Council to support the little issues that improve quality of life.Joe
McComb,5323 St.Andrews,questioned the professional engineer credentials
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of Assistant City Manager Mark Van Vleck.Joan Veith,5701 Cain Drive,stated
that she was thankful to live in a wonderful city like Corpus Christi.
M. PUBLIC HEARINGS: (NONE)
N. REGULAR AGENDA: (NONE)
O. FIRST READING ORDINANCES: (ITEMS 27 -29)
27. First Reading Ordinance -Accepting and appropriating State
grant for motor vehicle theft enforcement
Ordinance authorizing the City Manager or the City Manager's
designee to execute all documents necessary to accept a grant from
the Texas Automobile Burglary Theft Prevention Authority (ABTPA)
grant in the amount of$410,973 to continue the motor vehicle theft
enforcement grant within the Police Department for Year 16, with a
City match of$660,714, in-kind match of$55,985 in the No. 1020
Police General Fund, and program income match of$1,020 for a total
project cost of$1,128,692; designating the Chief of Police as Program
Director and Director of Finance as financial officer for this ABTPA
grant; appropriating $410,973 from the ABTPA in the No. 1061 Police
Grants Fund; and appropriating $1,020 in program income match in
the No. 1061 Police Grants Fund to continue the motor vehicle theft
enforcement grant within the Police Department.
Mayor Martinez deviated from the agenda and referred to Item 27.Police Chief
Mike Markle stated that the purpose of this item is to execute all documents
necessary to accept a grant from the Texas Automobile Burglary Theft
Prevention Authority(ABTPA)grant in the amount of$410,973 to continue the
motor vehicle theft enforcement grant for Year 16,with a City match of
$660,714,in-kind match of$55,985,and program income match of$1,020 for a
total project cost of$1,128,692.There were no comments from the Council or
the public.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Scott.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council
Member Magill, Council Member Rubio, Council Member Rosas, Council
Member Scott and Council Member Vaughn
Absent: 1 - Council Member McIntyre
Abstained: 0
28. First Reading Ordinance-Appropriating abandoned/unclaimed
monies from the Police Property Room
Ordinance appropriating $5,573.49 from abandoned/unclaimed
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monies from the Police Property Room, changing the FY 2015-2016
Operating Budget adopted by Ordinance No.030620 by increasing
revenue and expenditures in the General Fund No. 1020 by$5,573.49
each.
Mayor Martinez referred to Item 28.Police Chief Mike Markle stated that the
purpose of this item is to appropriate$5,573.49 from abandoned/unclaimed
monies from the Police Property room.There were no comments from the
Council or the public.
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Member Rubio.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
29. First Reading Ordinance -Accepting and appropriating a State
grant and approving a Professional Services Contract for an
Aquifer Storage and Recovery (ASR) Feasibility Study
Ordinance amending the FY 2016 Capital Improvement Budget adopted by
Ordinance No. 030621 to add Project No. E16265 Corpus Christi Aquifer
Storage and Recovery(ASR) Feasibility Study; accepting a Texas Water
Development Board grant in the amount of$433,388; appropriating
$1,099,320 from Raw Water Supply Development Fund No.4041; and
authorizing the City Manager or designee to execute a Professional Services
Contract with HDR Engineering, Inc. of Austin, Texas in the amount of
$601,980 for an ASR Feasibility Study.
Mayor Martinez referred to Item 29.Assistant City Manager Mark Van Vleck
stated that the purpose of this item is to award the contract for an Aquifer
Storage and Recovery(ASR)Feasibility Study.Assistant City Manager Van
Vleck provided the following information:ASR fundamentals;the study
background;the ASR service area;the reasons for the feasibility study;the
study location;scope of the study;and schedule.
Council members spoke regarding the following topics:the drilling and
injection process;study location;scheduling an update to the City Council in
2017 to the schedule;the reasons for the ASR study;the amount of water lost
due to evaporation;the advantages of the ASR;concerns with treating water
prior to pumping;the capacity to treat at the O.N.Stevens Water Treatment
Plant;releases during flood events;potential holding tanks or ponds to draw
water to pump into aquifer;the length of time to complete the study;when the
contract was last modified;and information on the agreed order.
Mayor Martinez called for comments from the public.John Kelley,3621 Austin,
spoke regarding fresh water input in the bay.
Council Member Scott made a motion to approve the ordinance,seconded by
Council Member Rubio.This Ordinance was passed on first reading and
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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
L. EXECUTIVE SESSION: (ITEMS 24 -26)
Mayor Martinez referred to the day's executive sessions.The Council went into
executive session.
24. 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.
25. Executive Session pursuant to Texas Government Code§ 551.074
(personnel matters)to deliberate employment issues concerning
Appeal to City Council from the Decision of the 580th Civil Service
Board Appeal Hearing Regarding Santiago Hernandez
Mayor Martinez referred to Item 25 and the following motion was considered:
Motion to deny the appeal of Santiago Hernandez.
Council Member Scott made a motion to approve the motion,seconded by
Council Member Vaughn.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
Absent: 1 - Council Member Hunter
Abstained: 0
Enactment No: M2016-082
26. Executive session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to conveyance,
lease or sale of City property and pursuant to Texas Government
Code §551.072 to discuss and deliberate the purchase, exchange,
lease, and/or value of City-owned property at/near State Highway 286
and/or Ayers Street where deliberation in an 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 discussed in executive session.
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P. FUTURE AGENDA ITEMS: (ITEMS 30 -35)
Mayor Martinez referred to the Future Agenda Items.City Manager Rose stated
that staff had planned presentations on Items 32 and 35.A council member
requested information on Item 33.
30. Approving a service agreement for a chemical vent hood
replacement at the Police Department
Motion approving a service agreement with Haldeman Homme, Inc. of
Minneapolis, Minnesota with offices in Austin, Texas and Houston,
Texas for the chemical vent hood replacement at the Corpus Christi
Police Department, Forensics Division, in accordance with Bid Event
No. 84, based on the lowest, responsive, responsible bid for an
amount of$88,215.00. Funds are available in FY 2015-2016.
This Motion was recommended to the consent agenda.
31. Approving the purchase of a Peterbilt Encore Light and Air Fire
Rescue Unit
Motion approving the purchase of a Peterbilt Encore Light and Air Fire
Rescue Unit from Siddons-Martin Emergency Group, Houston, Texas
for a total amount of$397,000.00. The award is based on the
cooperative purchasing agreement with Texas Local Government
Purchasing Cooperative (TLGPC), dba BuyBoard. Funds have been
budgeted by Fleet Maintenance Services in FY 2015-2016.
This Motion was recommended to the consent agenda.
32. Approving Master Agreement for Facilities Multiple Award
Contract(FMAC)for the Minor Construction, Repair,
Rehabilitation, and Alteration of Facilities
Motion authorizing the City Manager or designee to execute a Master
Agreement for Facilities Multiple Award Contract(FMAC)for a
one-year term with option to renew administratively for up to two
one-year periods, with no guaranteed minimum and a maximum
aggregate of$2,000,000 per agreement in any one year; authorizing
the City Manager or designee to execute all Facilities Multiple Award
Contracts thereunder not exceeding $500,000 with the following:
Spaw Glass
Barcom Construction
Cruz Maintenance& Construction, Inc.
J E Construction Services (Alternate Contractor)
This Motion was recommended to the consent agenda.
33. Approving a service agreement for roof repair at Greenwood
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Senior Center
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 Greenwood Senior Center, in accordance with Bid
Event No. 120, based on lowest, responsive and responsible bid for an
amount not to exceed $184,250.00 and an additional 10% project
contingency in the amount of$18,425 for unforeseen repairs. Funds
have been budgeted through a Certificate of Obligation in FY
2015-2016.
This Motion was recommended to the consent agenda.
34. Lease-purchase of four Peterbilt 367 trucks for Solid Waste
Operations
Motion approving the lease-purchase of four Peterbilt 367 trucks from
Rush Truck Centers of Texas, L.P., of Houston, Texas for a total
amount not to exceed $855,000.00. Two trucks will be truck tractors
used to pull large refuse trailers and two trucks will be equipped with
Heil low lift 22 ft. roll-off beds to carry roll-off refuse containers. The
award is based on the cooperative purchasing agreement with the
Houston-Galveston Area Council (H-GAC).
(2) Peterbilt 367 Haul Truck Tractor (2) Peterbilt 367 with
Roll-Off
$343,922.00 $456,350.00
Total Lease-Purchase Price $800,272.00
Total Allowable Interest for Lease $54,728.00
Grand Total: $855,000.00
This Motion was recommended to the consent agenda.
35. Resolution authorizing a natural gas supply contract
Resolution authorizing the City Manager, or the City Manager's
designee, to execute a five-year natural gas supply contract with
NextEra Energy Power Marketing, LLC ("NextEra"), Juno Beach,
Florida for an estimated amount$125,000,000.00, of which
$1,500,000.00 is needed for the remainder of the FY 2015-2016, for
the purchase of 100% of the City's natural gas requirement from
August 1, 2016 to July 31, 2021.
This Resolution was recommended to the consent agenda.
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K. CONSENT AGENDA: (ITEM 22)
22. Second Reading Ordinance -Amending City Code Chapter 57 to
include revisions for vehicles for hire(1st Reading 6/21/16)
Ordinance amending Chapter 57, Article II "TAXICABS"of the Corpus
Christi Code; Amending Chapter 57, Article IIIA"LIMOUSINE AND
SIGHTSEEING SERVICE"of the Corpus Christi Code; amending Sec.
57-284. -Transportation network company permit fee and Sec.
57-294. -Transportation network vehicles-Inspections of the Corpus
Christi Code; providing an effective date, severance, penalty, and
publication.
Mayor Martinez deviated from the agenda and returned to the discussion on
Item 22 regarding revisions to the vehicle-for-hire ordinance regarding taxi
cabs.City Attorney Miles K.Risley stated that the modifications to the
ordinance were distributed by email to the City Council and staff has
distributed hard copies.Assistant City Attorney Buck Brice provide a brief
overview of the following changes to the ordinance:removal of Section
57.131(b)regarding the minute rate;the flat rate changed from(c)to(b)and the
maximum rate per zone of$12.50 was added;and corrections changing
Intercoastal Causeway Bridge to John F.Kennedy Memorial Causeway and
Interstate 358 to State Highway 358.Assistant City Attorney Brice responded to
questions regarding the cancellation fee and Section 57-132.
Council Member McIntyre made a motion to amend the ordinance as stated by
staff,seconded by Council Member Vaughn.Council Member McIntyre
requested to amend the motion to include the word maximum to the beginning
of Section 57-131 (a)before the word"rates".Council Member Vaughn
accepted the amendment The motion to amend was passed unanimously
(Council Member Hunter-absent).
Mayor Martinez called for comments from the public.Dan Steifel,6773 Wood
Iron Drive,spoke regarding the cap for taxi cabs and requested consideration
to add a flat rate stop charge maximum.
Council Member Vaughn made a motion to amend the ordinance to include a
maximum flat rate zone stop fee of$5,seconded by Council Member Rubio
and passed unanimously(Council Member Hunter-absent).
Council Member Vaughn made a motion to approve the ordinance as amended,
seconded by Council Member Rubio.This Ordinance was passed on second
reading as amended 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
Enactment No:030898
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Q. BRIEFINGS: (ITEMS 36 -38)
36. Code of Ethics Recommendations from the Ethics Commission -
Presented by Dr. Haysam Dawod, Chair
Mayor Martinez referred to Item 36.Dr.Haysam Dawod,Chair of the Ethics
Commission,stated that the Ethics Commission has completed their review of
the City's Code of Ethics and the purpose of this item is to present the
recommendations.The presentation team included Ethics Commission
Member Larry White and Senior Assistant City Attorney Lisa Aguilar.
The recommended changes are as follows:removal of Section 2-311(4)Special
Privileges;expanding the"circle of influence"in Section 2-311(8)(A)Conflict of
Interest;adding a new Section 2-311(8)(B)regarding Conflict of Interest to
prohibit any City employee/official or their family member or friend from
profiting from privileged information discussed in executive session;adding a
new Section 2-311(8)(E)to prohibit a city official from using their position to
influence a contract or business transaction before the City involving an
individual or organization who contributed$2,700 or more to the official's most
recent election campaign;adding new Section 2-311(16)and(17)Confidential
Information;amending renumbered Section 2-311(21)by adding new
subsection(E)regarding appointments to prohibit participation if the person
contributed$2,700 or more to most recent election campaign;amending
Section 2-316 Lobbyist by adding subsection(D)to prohibit person from
registering as a lobbyist within 2 years of City service;amending Section
2-326(a)(3)to codify Ethics Commission current practice in reviewing annual
financial disclosure statement to request additional information regarding
possible conflict of interest;and expanding Section 2-330 Rules of Conduct to
include provisions of the Preamble is Section 2-310.
Council members and the presentation team discussed the following topics:
concern that the elimination of Section 2-311(4)would mean there isn't a
regulation;whether there is another section that states the language that is
recommended to be removed in Section 2-311(4);the definition of"cause"in
Section 2-311(4);the amendment to expand the"circle of influence"by adding
clients;the definition of"recusal"in Section 2-311(8)new subsection(B)and
whether"recusal"would be required throughout the entire process of a project
once the financial portion is approved;how the amount of$2,700 for
contributions was determined and whether this amount would relate to
political action committees;removal of the$2,700 to make the conflict of
interest more stringent and mirror the language in the City Charter in Section
2-311(21)(E)because the City Council is unable to exert influence under any
circumstances;prohibited participation in appointments if the person
contributed$2,700 or more to most recent election campaign;serving as
guidelines when considering the viability of an ethics complaint;the expansion
for the rules of conduct to include the Preamble;whether social media and
professional conduct are part of the Ethics Ordinance;which
recommendations from the Mureen report were excluded from the Ethics
Commission's recommendations;Section 2-311(9)regarding conflicts of
interest pertaining to non-profit board appointments;the list of officials
updated annually by the Human Resources staff;and next steps.
MOTION OF DIRECTION
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Council Member Magill made a motion directing the City Manager to amend
Section 2-311(8)(E)by removing the language"$2,700 or more"from the
ordinance,seconded by Council Member Vaughn and passed unanimously
(Council Member Hunter-absent).
37. Water Supply (Discovery) -Demands
Mayor Martinez referred to Item 37.Assistant City Manager Mark Van Vleck
stated that the purpose of this item is to provide a presentation on the
discovery of water supply and demands.Kristi Shaw,Project Manager with
HDR Engineering,presented the following information:the presentation
schedule;a map of the regional water supply system;the City's water supply
relationships;historical water usage over the past 15 years;a graph illustrating
drought preparedness;a graph representing the combined residential per
capita water use and combined system storage; recent water demands based
by customer class;a range of water demand projections provided by the Texas
Water Development Board&Region N(Scenario 1)and current industrial
trends(Scenario 2);the existing water supply,including Choke Canyon
River/Lake Corpus Christi,Lake Texana,and Colorado River;how forward
water supply planning has shaped the current supplies;an explanation of firm
yield and safe yield;how existing supplies address future demands;and the
demand related topics for the next presentation.
Council members spoke regarding the following topics:safe yield reserve of
125,000 acre-feet;the timing of the model update;discussions with the
Economic Development Corporation regarding the recovery of Eagle Ford
Shale; predictability and scalability of water supply;exploring a request for
information(RFI)process;strategies to prepare for alternative financial
mechanisms to develop the next future water supply;the drought of record;
the amount of water left in the lakes and rivers if the region were to experience
another seven year drought;drought preparedness;the water supply with
Mary Rhodes Pipeline Phase 2;the timeline for the next needed water supply;
concerns with the industrial component affecting water supply;incentives for
industry for conservation;the capacity of the water treatment plant;whether
there are requirements to build or expand the plant;the status of the
desalination pilot;whether the demands for the San Patricio Water District
demands are based on actual usage or projected needs;the requirement that
all water customers must comply with the drought management plan;Nueces
County seeing the largest growth in water demand;how Stage 5 drought
preparedness affect industry;including the RFI discussion during the
presentation on future supply at September 20,2016 Council meeting;
presenting the agreed order as part of the presentation at the August 30,2016
Council meeting;the impact of population growth on water needs;the
adoption of the water management plan;fire hydrant flushing schedules and
the amount released.
38. Proposed Ballot Language for November 2016 Special Election
Mayor Martinez referred to Item 38.City Secretary Rebecca Huerta and City
Attorney Miles K.Risley presented this item.City Secretary Huerta stated that
at the June 21,2016 Council meeting,the City Council reviewed the draft ballot
language for the November 2016 Special Election.The Council requested
revisions to the propositions regarding the 1/8th cent sales tax renewal and the
designation of mayor pro tem;and removed the propositon regarding
untreated water supply contracts.Additionally,at the July 12,2016 Council
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meeting,the Council fmade a motion to reconsider to remove the charter
amendment proposition related to Council compensation.The purpose of this
item is to present the ballot language for review and comments.City Secretary
presented the propositions.
Proposition 1-Abolish part of Type A sales tax and adopt Type B sales tax.
Discussion on Proposition 1 included:removal of the word"abolition"for the
proposition language;Type A mandated language that must be incorporated in
the ballot language;the expiration of the Type A sales tax;changing the
effective date to April 1,2018;keeping the Type A and Type B language
combined;the reason for the 20 year;clarifying the reason for the 20 year sales
tax in supplemental information;the length of the ballot language;the majority
of the ballot language referring to Type A sales tax that expires on March 31,
2018 with no action from the Council or the voters;simplifying the ballot
language that speaks to the establishment of a Type B corporation on April 1,
2018;and language clarifying that the City is not replacing one tax with
another.
Based on the discussion,City Attorney Risley stated that he would provide two
different scenarios for council review:1)combined Type A and Type B
language and 2)to authorize creation of the Type B sales tax effective on April
1,2018.
Proposition 2-Continuation of the Crime Control District
Proposition 3-Residential Street Reconstruction Tax
Discussion on Proposition 3 included:consideration of a sunset provision;
belief that the voters would support the proposition if there was a review date;
the effective date;the length of time for a sunset provision;rollback
restrictions;discouraging growth in community for additional property taxes;
increasing street user fee;charter provisions for a user fee;and details in the
ordinance regarding professinal engineering services and utility work.
Based on discussions,City Manager Risley stated that he would provide two
proposition options,one with the sunset provision and one without.
Proposition 4-Designation of Mayor Pro Tem
Proposition 5-Increase term for procurement of Auditor Contracts
Proposition 6-Allow appointment of alternative members to Civil Service
Board
Proposition 7-Comply with State law to allow city employees to file for
election to municipal office
Proposition 8-Allow issuance of bonds in accordance with State law
Proposition 9-Amend waiting periods for city leases
Proposition 10-Update legal references and clarify general powers
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Proposition 11—Clarify purchasing procedures to comply with State law
City Secretary Huerta reviewed the timeline as follows:staff would bring back
the proposed changes to the Proposition 1 and 3 language on July 26th;the
first reading ordinance calling the election is scheduled for August 9,2016;
and the second reading is scheduled for August 16,2016
R. ADJOURNMENT
The meeting was adjourned at 7:39 p.m.
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