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I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of May 16, 2017 which were approved by the City
Council on May 23, 2017.
WITNESSETH MY HAND AND SEAL, on this the 23rd day of May, 2017.
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Rebecca Huerta
City Secretary
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Meeting Minutes
64s
City Council
Tuesday,May 16,2017 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.
MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO
ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS
WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary. Any electronic media (e.g. CD, DVD, flash drive)that the Public would
like to use while they speak to the City Council MUST be submitted a minimum
of 24 hours prior to the meeting. Please contact the Public Communications
department at 361-826-3211 to coordinate.
A. Mayor Pro Tem Lucy Rubio to call the meeting to order.
Mayor Pro Tern Rubio called the meeting to order at 11:30 a.m.
B. Invocation to be given by Pastor Rob Bailey, Southside Community Church.
Pastor Rob Bailey gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Joey Gold,W.
B. Ray High School Senior, Navy Junior Reserve Officers Training Corps.
Ms. Elizabeth Hardin led the Pledge of Allegiance.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca L.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 L.Huerta.
Present: 8- Council Member Rudy Garza,Council Member Paulette Guajardo,Council
Member Michael Hunter,Council Member Joe McComb,Council Member
Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and
Council Member Carolyn Vaughn
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City Council Meeting Minutes May 16,2017
E. Proclamations/Commendations
1. Proclamation declaring May 15-21, 2017, "National Salvation Army
Week".
Proclamation declaring May 18, 2017, "Dr. Hector P. Garcia & Dr. Cleo
Garcia, American GI Forum Chapters of Texas, 'Stand Up for
Veterans', 6th Annual Scholarship Awards Banquet".
Proclamation declaring May 19, 2017, "Bike to Work Day", May 15-19,
2017, "Bike to Work Week" and May 2017, "National Bike Month".
Proclamation declaring May 2017, "Motorcycle Safety&Awareness
Month".
Swearing-In Ceremony for Newly Appointed Board, Commission and
Committee Members.
Mayor Pro Tern Rubio presented the proclamations and conducted the
swearing-in ceremony for newly appointed board,commission and committee
members.
J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Citizen comments are limited to three minutes. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary.Any electronic media (e.g. CD, DVD, flash drive)that the Public would
like to use while they speak MUST be submitted a minimum of 24 hours prior to
the Meeting. Please contact the Public Communications department at
361-826-3211 to coordinate.
Mayor Pro Tern Rubio deviated from the agenda and referred to comments
from the public.Matt Eckstrom,1726 NPID,spoke regarding Agenda Item 29,a
service agreement for dumpster collection services,and stated that Killian
Calderon Disposal should be considered for the following reasons:their bid is
within 1%of that of the vendor recommended by staff; Killian Calderon
Disposal is the only locally owned,full-service trash provider;and will provide
an economic impact to the City.Abel Alonzo,1701 Thames,spoke regarding
Agenda Item 29,a service agreement for dumpster collection services,and
requested that the City Council consider awarding points for local businesses
during the bidding process.Tony Reyes,911 Park Avenue;Henry Williams,
2422 Summers St.;James Perez,260 Circle; Minta Moore,15205 SPID;and
Joan Veith,5701 Cain Drive asked for more police officers and firefighters.Ken
Baker,7421 Idle Hour,expressed concerns regarding electrical building codes
and spoke in support of additional police officers.Jack Gordy,4118 Bray,
spoke in support of hiring additional police officers and addressed issues
relating to enforcement of ordinances regulating illegal signs and parking.
Margareta Fratila,3606 Tripoli,spoke regarding the following:the need to
address street signage;issuing fines for buildings without street numbers;and
the Police Department's use of geotracking.Susie Luna Saldana,4710 Hakel,
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spoke regarding Agenda Item 29,a service agreement for dumpster collection
services,consideration for best value and local bidders;and the selection
process for the soon-to-be vacant city council at-large position.
F. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Pro Tem Rubio deviated from the agenda and referred to City Manager's
Comments.City Manager Margie C.Rose reported on the following topics:
a. OTHER
1)A demonstration on backflow prevention devices will be held Wednesday,
May 17,2017 at 10:00 a.m.at the Utilities Department located at 2726 Holly
Road.The demonstration will be conducted by the Texas Board of Plumbing
Examiners and is open and free to the public.The demonstration is part of the
ongoing effort to ensure the quality of the City's water 2)City Hall in the Mall
will be held at La Palmera Mall on Saturday,May 20,2017 from 11:00 a.m.to
6:00 p.m.3)City Manager Rose congratulated Assistant Director of Parks and
Recreation Stacie Talbert Anaya who will be leaving the City of Corpus Christi
to serve as Director of Parks and Recreation of the City of Lewisville.
G. MINUTES:
2. Regular Meeting of May 9, 2017 and Workshop of May 4, 2017.
Mayor Pro Tem Rubio referred to approval of the minutes.Council Member
Garza made a motion to approve the minutes,seconded by Council Member
Vaughn and passed unanimously.
H. BOARD &COMMITTEE APPOINTMENTS: (NONE)
EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 3 - 14)
Approval of the Consent Agenda
Mayor Pro Tem Rubio referred to the Consent Agenda.There were no
comments from the public.A council member requested that Item 3 be pulled
for individual consideration.
Council Member Vaughn made a motion to approve the consent agenda,
seconded by Council Member Molina.The consent agenda items were passed
and approved by one vote as follows:
Aye: 8- Council Member Garza. Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina. Council
Member Rubio, Council Member Smith and Council Member Vaughn
Abstained: 0
4. Resolution to intervene in AEP's filing at the Public Utility
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Commission for an amendment to its Distribution Cost Recovery
Factors
Resolution of the City of Corpus Christi, Texas authorizing intervention
in the Public Utility Commission of Texas Docket No. 47015 regarding
AEP Texas Inc.'s application to amend its distribution cost recovery
factors to increase distribution rates within the City; finding that the
City's reasonable rate case expenses shall be reimbursed by the
company; finding that the meeting at which this resolution is passed is
open to the public as required by law; requiring notice of this resolution
to the company and legal counsel.
This Resolution was passed on the consent agenda.
Enactment No: 031135
5. Reimbursement Resolution for Bond 2016 General Obligation
Bonds
Resolution relating to establishing the City's intention to reimburse
itself for the prior lawful expenditure of funds relating to constructing
various City improvements from the proceeds of tax-exempt
obligations to be issued by the City for authorized purposes in an
amount not to exceed $18,350,000; authorizing other matters incident
and related thereto; and providing an effective date.
This Resolution was passed on the consent agenda.
Enactment No: 031136
6. Second Reading Ordinance -Rezoning property located at 3825
County Road 69 (1st Reading 5/9/17)
Case No. 0317-06 Prosperity Bank: A change of zoning from the
"RS-6" Single-Family 6 District to the "CG-2"General Commercial
District. The property to be rezoned is described as a 0.629-acre tract
of land out of River Ridge Unit 2, Block 1, Lot 1A, as recorded in
Volume 68, Page 509, Map Records of Nueces County, Texas,
located on the west side of Hazel Bazemore Parkway (County Road
69) between Northwest Boulevard (FM 624) and Riverway Drive.
Planning Commission and Staff Recommendation (April 5, 2017):
Approval of the change of zoning from the"RS-6" Single-Family 6
District to the "CG-2" General Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Prosperity Bank("Owner"), by changing the UDC Zoning
Map in reference to a 0.629-acre tract of land out of River Ridge Unit
2, Block 1, Lot 1A, as recorded in Volume 68, Page 509, Map Records
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of Nueces County, Texas, from the"RS-6" Single-Family 6 District to
the "CG-2" General Commercial District; amending Plan CC 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: 031137
7. Second Reading Ordinance -Amending the Urban Transportation
Plan by removing the proposed extension of Delgado Street
between Greenwood Drive and Castenon Street(1st Reading
5/9/17)
Ordinance amending the Urban Transportation Plan Map of
MobilityCC, a transportation element of the comprehensive plan of the
City of Corpus Christi (the "City"), by deleting the proposed extension
of Delgado Street, between Greenwood Drive and Castenon Street;
amending related elements of the comprehensive plan of the City;
providing for severance; and providing for publication.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031138
8. Second Reading Ordinance -Accepting and appropriating funds
for the FY 2016 Operation Stonegarden Grant Program within the
Police Department(1st Reading 5/9/17)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant in the amount of$310,000
from the State of Texas Governor's Homeland Security Grants Division
for funding eligible under the FY2016 Department of Homeland
Security Grant Program Operation Stonegarden to reimburse fuel,
overtime, fringe benefits, and equipment expenditures for the Police
Department's enforcement efforts to reduce border-security risk; and
appropriating the $310,000 in the No. 1061 Police Grants Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No 031139
9. Second Reading Ordinance -Accepting and appropriating grant
funds for the FY 2017 Click It Or Ticket Program within the Police
Department(1st Reading 5/9/17)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant in the amount of$27,964.96
from the State of Texas, Department of Transportation for the FY2017
Click It Or Ticket program grant; and appropriating the$27,964.96 in
the No. 1061 Police Grants Fund.
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This Ordinance was passed on second reading on the consent agenda.
Enactment No:031140
10. Second Reading Ordinance -Accepting and appropriating funds
for the Community Preparedness Section -Laboratory Response
Network - Public Health Emergency Preparedness
(CPS-LRN-PHEP) grant within the Health Department(1st Reading
5/9/17)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept, amend, and appropriate a grant
contract for the Community Preparedness Section - Laboratory
Response Network - Public Health Emergency Preparedness
(CPS-LRN-PHEP)grant in the amount of$201,123.00, from the Texas
Department of State Health Services in the No. 1066 Health Grants
Fund, to provide continued emergency preparedness and response
laboratory activities for the contract period July 1, 2017, through June
30, 2018.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031141
11. Second Reading Ordinance -Accepting and appropriating funds
for grant amendment for the Women, Infant and Chilldren's
Nutrition Program (WIC) grant within the Health Department(1st
Reading 5/9/17)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept an amendment to a grant contract for
the Women, Infant and Children's Nutrition Program (WIC)grant in the
amount of$1,012,631.00, increasing the total amount to
$2,025,262.00, from the Texas Department of State Health Services in
the No. 1066 Health Grants Fund, to provide funds for the WIC
program for the amended contract period October 1, 2016, through
September 30, 2018; appropriating the increased grant amount; and
ratifying acceptance of the grant agreement to begin February 15,
2017.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031142
12. Second Reading Ordinance -Closing a portion of a utility
easement located at 3733 South Port Avenue(1st Reading 5/9/17)
Ordinance abandoning and vacating a 268-square foot portion of an
existing utility easement out of a part of Great Gulf Corporation, Block
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1, Lot 3, located at 3733 South Port Ave. and requiring the owner,
Nueces County Health and Retardation Community Center, to comply
with the specified conditions.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031143
13. Second Reading Ordinance-Appropriating funds bequeathed
from Paralee Price estate for Library(1st Reading 5/9/17)
Ordinance appropriating $20,000 bequeathed from Paralee Price into
the Library Grants fund No 1068 to provide the opportunity for all
children to have access to cost-free educational materials at Corpus
Christi Public Libraries; and appropriating $5,000 bequeathed from
Paralee Price into the Library Grants fund No 1068 for the designated
purpose of purchasing reading materials in large print format for the
Anita &W.T. Neyland library branch.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031144
14. Second Reading Ordinance-Creation of new Industrial District
Agreement for Basic Equipment Co. Owned Property(1st Reading
5/9/17)
Ordinance disannexing from the City of Corpus Christi, Texas, an
approximately 3.41-acre tract of land owned by Basic Equipment
Company and located in Nueces County; adjusting the City
boundaries; amending Ordinance no. 029958 by adjusting the
boundary of the City's Industrial District No. 1 to include the
disannexed tract; authorizing the City Manager, or designee, to
execute an Industrial District Agreement with Basic Equipment
Company, requiring the payment of 100 percent of the ad valorem
taxes that would be due if the tract was in city limits, and to file the
Industrial District Agreement in the official records of Nueces County;
providing for publication; and providing for severance.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031145
3. Supply Agreement for Aggregate Trap Rock for the City's Street
Seal Coat Program
Motion authorizing City Manager, or designee, to execute a supply
agreement with Vulcan Construction Materials, LLC, of San Antonio,
Texas for the purchase of aggregate trap rock in response to Request
for Bid No. 938 based on the lowest, responsive, responsible bid for a
total amount not-to-exceed $243,720.00, with an estimated
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expenditure of$81,240.00 in FY2016-2017 and funded by the Street
Fund. The term of the agreement is for one year with an option to
extend for up to two additional one-year periods, subject to the sole
discretion of the City.
Mayor Pro Tern Rubio referred to Item 3,a supply agreement for aggregate trap
rock for the City's street seal coat program.Director of Street Operations Andy
Leal and a council member discussed the following topics:the amount of
aggregate trap rock to be purchased;the materials in aggregate trap rock;the
unit price;and the cost reduction.
Council Member Smith made a motion to approve the motion,seconded by
Council Member Garza.This Motion was passed and approved with the
following vote:
Aye: 8- Council Member Garza, Council Member Guajardo, Council Member
Hunter,Council Member McComb, Council Member Molina, Council
Member Rubio, Council Member Smith and Council Member Vaughn
Abstained: 0
Enactment No: M2017-059
M. PUBLIC HEARINGS: (ITEM 15)
15. Public Hearing and First Reading Ordinance -Street Closure of
Airheart Point Road and a portion of Ocean Drive located east of
Ocean Drive
Ordinance closing, abandoning, and vacating 0.737 Acre portion of a
public right-of-way tract containing partially developed and surfaced
street of Airheart Point Road and adjacent .071 and .017 acre
portions of the existing right-of-way adjacent to Ocean Drive, as shown
on the Plat of Alta-Vista on the Bay, a map of which is recorded in
Volume 1, Page 22, Map Records of Nueces County, Texas, and
requiring the abutting owners (Matthew A Comay, Sandra McKinnon
and George and Gippie Hawn), to comply with specified conditions.
Mayor Pro Tern Rubio referred to Item 15.Interim Director of Development
Services Julio Dimas stated that the purpose of this item is to abandon and
vacate a public right-of-way tract located at Airheart Point Road and adjacent
to Ocean Drive.The closure involves three property owners and will allow the
property owners to fence off the area to prevent and control vandalism and
crime in the public access road.The owners have agreed to pay a one-time
payment of$54,733 for this property.The City will maintain an easement over
the entire area.
Mayor Pro Tem Rubio opened the public hearing.There were no comments
from the public.Mayor Pro Tern Rubio closed the public hearing.
Council members and staff discussed the following topics:the reason the
property would not revert back to the abutting property owners when closing
an easement;the difference between the closure of a right-of-way and an
easement;the definition of improvements to the area;the total acreage of the
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closure;and concerns regarding safety in the area.
Council Member McComb 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: 8- Council Member Garza, Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina.Council
Member Rubio. Council Member Smith and Council Member Vaughn
Abstained: 0
N. REGULAR AGENDA: (ITEMS 16 - 18)
16. Second Reading Ordinance -Appointing Part-Time Judge to
Municipal Court
Ordinance appointing Robert R. Garcia as a part-time judge of the
Municipal Court of Record in the City of Corpus Christi; determining
salary; providing a term of office; and declaring an effective date.
Mayor Pro Tern Rubio referred to Item 16.City Secretary Rebecca Huerta stated
that the purpose of this item is to appoint a part-time judge to Municipal Court.
City Secretary Huerta stated that the first reading of this item was approved
after executive session at the May 9,2017 Council meeting,as recommended
by the Municipal Court Committee.There were no comments from the Council
or the public.
Mayor Pro Tern Rubio made a motion to approve the ordinance,seconded by
Council Member Garza.This Ordinance was passed on second reading and
approved with the following vote:
Aye: 8- Council Member Garza, Council Member Guajardo,Council Member
Hunter, Council Member McComb, Council Member Molina, Council
Member Rubio. Council Member Smith and Council Member Vaughn
Abstained: 0
Enactment No:031146
17. Discussion and consideration of the process to fill a vacancy in
the office of council member.
Mayor Pro Tern Rubio referred to Item 17.City Secretary Rebecca Huerta stated
that the purpose of this item is to discuss and consider the process to fill a
vacancy in the office of council member.City Secretary Huerta presented the
following information:a brief history of past council member vacancies;
common practices used to fill the vacancy;and the recent changes made to
the process in 2016 to include a background check,questionnaire,and public
interviews.City Secretary Huerta suggested the following timeline:to accept
applications for the vacant at-large city council position from May 18-June 2,
2017;individual council members review applications June 8-12,2017;city
council executive session to review and discuss applications and name
finalists on Tuesday,June 13,2017; hold public interviews,deliberate in city
council executive session and name selected applicant in open session at a
Special Council Meeting on Thursday,June 20,2017;and the newly selected
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at-large council member will be sworn-in to office on Tuesday,June 20,2017.
Mayor Pro Tern Rubio called for comments from the public.Abel Alonzo,1701
Thames,thanked City Secretary Huerta for her recommendations and spoke in
support of the public interview process.
Council members and City Secretary Huerta discussed the following topics:
support for conducting interviews in open session;eliminating the special
council meeting date of June 15,2017;expediting the timeline;consideration
to change the period applications are accepted to one week;and the
background check process.
City Secretary Huerta recommended that the City Council table this item to
later in the meeting to allow her time to provide a revised timeline based on
City Council's comments.
Council Member Hunter made a motion to table this item to later in the
meeting,seconded by Council Member Molina.This Motion was tabled with the
following vote:
Aye: 8- Council Member Garza, Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina, Council
Member Rubio, Council Member Smith and Council Member Vaughn
Abstained: 0
18. Construction Contract for Community Park Development and
Improvements -Salinas Park (Bond 2012, Proposition 4)
Motion authorizing the City Manager, or designee, to execute a
construction contract with D&SS Construction, Inc. of Corpus Christi,
Texas in the amount of$424,853 for the Community Park
Development and Improvements - Salinas Park. (Bond 2012,
Proposition 4).
Mayor Pro Tem Rubio referred to Item 18.Executive Director of Public Works
Valerie Gray stated that the purpose of this item is to execute a construction
contract with D&SS Construction,Inc.for the Community Park Development
and Improvements-Salinas Park-Bond 2012,Proposition 4.There were no
comments from the public.
Council members and staff discussed the following topics:the informal memo
clarifying the design fees and design fee scope of work;whether the project
requires a landscape architect;the Request for Qualification(RFQ)Process;
whether the architect and engineering services were procured through a RFQ
process or sole source;a suggestion to include information in future agenda
memos regarding the composition of the RFQ's evaluation team;
accountability of staff on projects;and addressing improvements to parking at
Salinas Park.
Council Member Rubio made a motion to approve the motion,seconded by
Council Member Vaughn.This Motion was passed and approved with the
following vote:
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Aye: 8- Council Member Garza, Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina, Council
Member Rubio, Council Member Smith and Council Member Vaughn
Abstained: 0
Enactment No: M2017-061
L. RECESS FOR LUNCH
Mayor Pro Tern Rubio called for a brief recess at 1:44 p.m.Mayor Pro Tern
Rubio reconvened the regular Council meeting at 2:19 p.m.
N. REGULAR AGENDA: (ITEM 19)
19. Second Reading Ordinance -Authorizing a Service Agreement for
Temporary Management and Operation of Al Kruse Tennis Center
(1st Reading 5/9/17)
Ordinance authorizing the City Manager or designee to execute a
Service Agreement with Sweet Spot Tennis, LLC ("Contractor")for
management and operations of Al Kruse Tennis Center for a term of 4
months at $3,166 per month, with up to four additional one-month
extension option periods; and the Contractor will receive 95% of all Pro
Revenue and 50% of collected City Revenue at Al Kruse Tennis
Center and the City will receive 5% of all Pro Revenue and 50% of
collected City Revenue at Al Kruse Tennis Center.
Mayor Pro Tern Rubio referred to Item 19.Director of Parks and Recreation Jay
Ellington stated that the purpose of this item is to execute a service agreement
with Sweet Spot Tennis,LLC for the management and operation of Al Kruse
Tennis Center until a new Request for Proposal(RFP)process can be
completed and a new contract awarded.There were no comments from the
Council or the public.
Council Member McComb made a motion to approve the ordinance,seconded
by Council Member Molina.This Ordinance was passed on second reading and
approved with the following vote:
Aye: 7- Council Member Garza, Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina. Council
Member Rubio and Council Member Smith
Nay: 1 - Council Member Vaughn
Abstained: 0
Enactment No: 031147
17. Discussion and consideration of the process to fill a vacancy in
the office of council member.
Mayor Pro Tern Rubio deviated from the agenda and returned to Item 17.City
Secretary Huerta provided a revised timeline for the City Council's
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consideration.
Council Member Carolyn Vaughn made a motion to accept applications for the
vacant at-large city council position from May 18-June 2,2017;individual
council members review applications June 8-12,2017;city council executive
session to review and discuss applications and name finalists on June 13,
2017; hold public interviews,deliberate in city council executive session and
name selected applicant in open session on June 20,2017;the newly selected
at-large council member will be sworn-in to office on July 11,2017;and
utilizing the application packet as presented,seconded by Council Member
Smith.This Motion was passed and approved with the following vote:
Aye: 8- Council Member Garza,Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina, Council
Member Rubio, Council Member Smith and Council Member Vaughn
Abstained: 0
Enactment No: M2017-060
P. FUTURE AGENDA ITEMS: (ITEM 29)
29. Service Agreement for Dumpster Collection Services
Motion authorizing City Manager, or designee, to execute a service
agreement with Mark Dunning Industries, Inc., of Dothan, Alabama for
dumpster collection services, in accordance with Request for Bid No.
1013, based on the lowest, responsive, responsible bid for a total
amount not to exceed $110,454.59, with an estimated expenditure of
$42,581.31 in FY 2016-2017. The term of this contract will be for one
year with options to extend for two additional one-year periods at the
sole discretion of the City.
Mayor Pro Tem Rubio deviated form the agenda and referred to Future Agenda
Item 29.Director of Solid Waste Operations Lawrence Mikolaczyk and
Assistant Director of Financial Services Kim Baker responded to council
members'questions on this item.
This Motion was recommended to regular agenda.
O. FIRST READING ORDINANCES: (ITEMS 20 -23)
20. First Reading Ordinance -Amending Fire Prevention Code to
Allow a Third-Party Reporting System
Ordinance amending Corpus Christi Code of Ordinances, Fire
Prevention Code to allow third-party inspection reporting system;
authorizing the City Manager or designee to execute a one year
agreement with Brycer, LLC, of Warrenville, IL for a third-party
inspection reporting system; providing for penalties; providing for
severance; and providing for publication.
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Mayor Pro Tern Rubio referred to Item 20.Fire Chief Robert Rocha stated that
the purpose of this item is to amending the City's Code of Ordinance,Fire
Prevention Code to allow a third-party inspection reporting system and to
execute a one-year agreement with Brycer,LLC for a third-party reporting
system.There were no comments from the public.
Council members and Chief Rocha discussed the following topics:an
explanation of the third-party inspection process;the contract providing a new
reporting process to service providers who inspect and test fire protection and
safety systems;whether there are local vendors for inspection reporting;
whether there is a redundance of services and whether the work could be
performed by the Fire Department;the cost of the inspection;and the
amendment to the City's Code of Ordinance to authorize the fee.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Molina.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 6- Council Member Guajardo, Council Member McComb, Council Member
Molina,Council Member Rubio,Council Member Smith and Council
Member Vaughn
Nay: 1 - Council Member Garza
Absent: 1 - Council Member Hunter
Abstained: 0
21. First Reading Ordinance -Accepting and appropriating Local
Emergency Planning Committee grant through Texas
Commission on Environmental Quality(TCEQ)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant to the City of Corpus
Christi/Nueces County Local Emergency Planning Committee (LEPC)
in the amount of$92,662.80 from the Texas Commission on
Environmental Quality(TCEQ)for reimbursement of expenses for
Purchase of a Hazmat ID Detection Device for the Corpus Christi Fire
Department, Update First Responder Service Areas in Nueces County,
and City of Bishop Dispatch and EOC Enhancement Project; and
appropriating the $92,662.80 in the No. 1062 Fire Grants Fund.
Mayor Pro Tern Rubio referred to Item 21.Fire Chief Robert Rocha stated that
the purpose of this item is to accept and appropriate a grant to the City of
Corpus Christi/Nueces County Local Emergency Planning Committee(LEPC)
in the amount of$92,662.80 from the Texas Commission on Environmental
Quality(TCEQ)for reimbursement of expenses for the purchase of a Hazmat ID
Detection Device for the Corpus Christi Fire Department,update first
responder service areas for Nueces County,and the City of Bishop Dispatch
and the Emergency Operations Center(EOC)Enhancement Project.There were
no comments from the Council or the public.
Council Member Vaughn made a motion to approve the ordinance,seconded
by Council Member Garza.This Ordinance was passed on first reading and
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approved with the following vote:
Aye: 7- Council Member Garza,Council Member Guajardo,Council Member
McComb, Council Member Molina,Council Member Rubio,Council
Member Smith and Council Member Vaughn
Absent: 1 - Council Member Hunter
Abstained: 0
22. First Reading Ordinance-Appropriating funds for the Community
Youth Development Program (CYD) Contract and subcontracts for
CYD Program
Ordinance authorizing the City Manager to execute the Community
Youth Development program contract with the Texas Department of
Family and Protective Services from June 1, 2017 to August 31, 2021
in the amount of$1,808,168.54, and appropriation of the funds in the
No. 1060 Grants Fund for the Community Youth Development
Program; and authorizing subcontracts with Boys & Girls Club of
Corpus Christi, Communities in Schools of the Coastal Bend, Youth
Odyssey, Inc. and the Y.W.C.A.
Mayor Pro Tern Rubio referred to Item 22.Director of Parks and Recreation Jay
Ellington stated that the purpose of this item is to execute the Community
Youth Development program contract with the Texas Department of Family and
Protective Services and authorize subcontracts with four local non-profit
risk-based programs.There were no comments from the Council or the public.
Council Member Molina made a motion to approve the ordinance,seconded by
Council Member Guajardo.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Council Member Garza,Council Member Guajardo,Council Member
McComb, Council Member Molina, Council Member Rubio, Council
Member Smith and Council Member Vaughn
Absent: 1 - Council Member Hunter
Abstained: 0
23. First Reading Ordinance -Mid-Year Budget Adjustment
Ordinance amending current Operating Budget adopted by Ordinance
No. 030965 as follows: a) increase revenues by$2,423,308 due to
increased stop loss reimbursements and increase appropriations by
$6,000,000 due to increased health care costs in the Citicare Group
Health Fund; (b) increase revenues by$1,770,576 due to increased
stop loss reimbursements and increase appropriations by$3,800,000
due to increased health care costs in the Police Group Health Fund;
(c) increase revenues by $246,476 due to increased stop loss
reimbursements and increase appropriations by$800,000 due to
increased health care costs in the Fire Group Health Fund.
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Mayor Pro Tern Rubio referred to Item 23.Director of Management and Budget
Eddie Houlihan stated that the purpose of this item is to increase
appropriations and revenues in the three health insurance funds as follows:a
$10,600,00 increase in appropriations and a$4,000,440 increase in revenues.
Mr. Houlihan presented the budgets for the Citicare, Police and Fire Group
Health Funds.Director of Human Resources Steven Viera was available to
respond to questions.There were no comments from the public.
Council members and staff discussed the following topics:whether the
mid-year budget adjustment will carry through the year;the funding coming
from reserve fund balance;whether this process was done last fiscal year;the
amount remaining in reserves;the impact on bond ratings;a consumer-driven
health plan;contractual obligations with police and fire;the number of general
employees and retirees;a future recommendation from staff to address rising
health care costs;the amount of funds spent on out-of-network providers; use
of unrestricted funds;a future policy addressing an increase the reserve
balance;whether police and fire have the same health care plan;the number
and substantial dollar amount of recent catastrophic claims in the police health
fund;educating employees regarding in-network and out-of-network usage
and the related financial impact;and negative financial impact the Affordable
Care Act has had on the health insurance plan.
Council Member Vaughn made a motion to approve the ordinance,seconded
by Council Member Guajardo.This Ordinance was passed on first reading and
approved with the following vote:
•
Aye: 8- Council Member Garza, Council Member Guajardo, Council Member
Hunter,Council Member McComb, Council Member Molina, Council
Member Rubio, Council Member Smith and Council Member Vaughn
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 24-28 AND 30 -32)
Mayor Pro Tern Rubio referred to Future Agenda Items 24-28 and 30-32.City
Manager Margie C.Rose stated that staff had no planned presentations.
Council members requested information on Items 27,28,and 31.
24. Supply Agreements for Veterinary Medicine and Supplies for the
Animal Care Services Division within the Police Department
Motion authorizing City Manager, or designee, to execute 12-month
supply agreements with Patterson Veterinary Supply, Inc. of San
Antonio, Texas, not to exceed $197,542.19, and Zoetis, Inc. of
Parsippany, New Jersey, not to exceed $70,250.00, for veterinary
medicine and supplies for the Corpus Christi Police Department,
Animal Care Services Division, in accordance with Request for Bid No.
181, based on the lowest, responsive, responsible bids by grouped
item for a total amount not to exceed $267,792.19, with an estimated
expenditure of$30,000.00 in FY 2016-2017.
This Motion was recommended to the consent agenda.
25. Resolution authorizing a Service Agreement for Fire Apparatus
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Maintenance for Parts and Services for the Fire Department
Resolution finding that the purchase of parts and services for Fire
Department apparatus is necessary to preserve and protect the public
health and safety of the City's residents and is also a sole source
procurement; and authorizing the City Manager, or designee, to
execute a service agreement with Siddons-Martin Emergency Group of
Katy, Texas, to provide parts and services for a total amount not to
exceed $200,000.00; and finding that the program is critical in
sustaining fire apparatus' reliability for service.
This Resolution was recommended to the consent agenda.
26. Software Licensing Agreement for 1 Year Maintenance, Licenses
and Cloud Services for LANDesk Software
Motion authorizing the City Manager, or designee, to execute a
software licensing agreement with Ivanti, Inc. (owner of LANdesk
software)and purchase 12 months of software services and related
licenses from SHI, Inc., of Austin, Texas, in accordance with the
cooperative purchasing agreement of the Texas Department of
Information Resources (DIR-SDD-2500), for an estimated expenditure
of$77,090.
This Motion was recommended to the consent agenda.
27. Purchase of Four 2017 Ford F-250 CNG Service Trucks for Water
Utilities Department
Motion approving the purchase of four 2017 Ford F-250 CNG service
trucks from Rush Truck Centers of Texas, LP, of New Braunfels,
Texas, based on the cooperative purchasing agreement with Texas
Local Government Purchasing Cooperative, dba BuyBoard for the total
amount not-to-exceed $180,996.00. Funds have been approved for
FY2016-2017.
This Motion was recommended to the consent agenda.
28. Lease-Purchase of One Peterbilt 348 Truck with Roll-Off Chassis
for Solid Waste Department
Motion authorizing the City Manager, or designee, to lease-purchase
one Peterbilt 348 truck, with a roll-off chassis from Rush Truck Centers
of Texas, L.P., of Houston, Texas, based on the cooperative
purchasing agreement with Houston-Galveston Area Council, for a
total amount not-to-exceed $207,042.07,with an estimated
expenditure of$6,901.40 in FY2016-2017.
This Motion was recommended to the consent agenda.
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30. Resolution authorizing Advance Funding Agreement with the
Texas Department of Transportation (TXDOT)for the adjustment
of manholes and water valves on Saratoga Boulevard (SH 357)
and Weber Road (FM 43)
Resolution authorizing the City Manager, or designee, to execute an
Advance Funding Agreement with the Texas Department of
Transportation (TXDOT)for the adjustment of manholes and water
valves on Saratoga Boulevard (SH 357) and Weber Road (FM 43)with
the City's payment in the amount of$42,000.
This Resolution was recommended to the consent agenda.
31. Supply Agreement for library books, audio and visual recordings
for City Libraries
Motion authorizing City Manager, or designee, to execute a supply
agreement with Baker& Taylor, LLC, Charlotte, North Carolina for
library books, audio and visual recordings based on the cooperative
purchasing agreement with TXSmartBuy(TXMAS)for a total amount
not-to-exceed $660,000.00, with an estimated expenditure of
$255,000.00 in FY 2016-2017. The term of the agreement is for 24
months with options to extend for up to two additional 12-month
periods at the sole discretion of the City.
This Motion was recommended to the consent agenda.
32. Resolution approving a Homebuyer Assistance Program
agreement between the Corpus Christi Business and Job
Development Corporation and the City of Corpus Christi.
Resolution approving an agreement in the amount of$220,000,
between the Corpus Christi Business and Job Development
Corporation and the City of Corpus Christi for the Type A Affordable
Housing Program - Homebuyer Assistance Program, ratifying
acceptance of the agreement to begin April 1, 2017, and authorizing
the City Manager or designee to execute said agreement.
This Resolution was recommended to the consent agenda.
Q. BRIEFINGS: (ITEM 33)
33. O.N. Stevens Water Treatment Plant Sludge Removal
Mayor Pro Tem Rubio referred to Item 33.Interim Executive Director of Utilities
Dan Grimsbo stated that the purpose of this item is to discuss executing the
option for the O.N.Stevens Water Treatment Plant Intermediate Sludge
Removal contract.The presentation team included:Logan Burton,LNV Inc.;
Director of Solid Waste Lawrence Mikolajczyk;and Assistant Director of Solid
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Waste Ivan Luna.Executive Director Grimsbo presented the following
information: background on sludge removal;the project schedule;progress
to-date and demobilization costs;the capacity reached at each lagoon;
beneficial uses and other applications;and a summary and recommendation.
The Utilities Department would like to exercise the option year for the current
contract to allow the treatment plant approximately five to six years of
operating time to develop long-term solutions.Staff will continue to try to use
the pollywog pond's capacity,which could extend the five-to six-year
estimate.LNV,Inc.,through a Request for Proposal(RFP)process,will identify
long-term solutions.
Council members and the presentation team spoke regarding the following
topics:previous City Council discussion to have this item come back in July;
the current contractor being ahead of schedule and exercising the optional
year,allowing for the continued removal of an additional 18,050 dry tons(DT)
sludge;the ability to hear from Denali regarding land application as an option;
Denali receiving their permits for land application;the feasibility study
including multi-pronged approaches to handling sludge removal;the
timeframe for a new RFP;continuation of the current process to ensure water
quality;cost difference with land application;expectations of a new study on
sludge removal and associated costs;the long-term plan including:land
application,hauling sludge to landfill,digging another lagoon,life-cycle
analysis,and traffic and environmental impacts;the number of belt presses
currently operating; how exercising the optional year contract extensions will
impact the budget;the use of sludge removal in landfill operations;the
contractor's de-mobilization and re-mobilization costs;cost reductions
associated with exercising the optional year contract extension;an explanation
of the drainage from Lagoons 5 and 6 to Lagoon 7;the length of time it took to
permit the Cefe Valenzuela Landfill;the amount of alum puchased annually;
uses for cap soil and the ability to distribute it; liability issues with
applications; review of less expensive options to address sludge removal;the
change order being considered for a generator;and whether the City has the
ability to haul the sludge.
MOTION OF DIRECTION
Council Member Garza made a motion directing the City Manager to bring back
different sludge removal options for consideration no later than late June,
seconded by Council Member Smith and passed unanimously.
R. LEGISLATIVE UPDATE:
None.
S. SPECIAL CONSIDERATION ITEM: (ITEM 34)
34. Ordinance canvassing returns of the Special Election for Mayor
Ordinance canvassing returns and declaring the results of the Special
Election held on May 6, 2017 in the City of Corpus Christi for the
purpose of electing the Mayor; making appropriate findings; and
declaring an emergency.
Mayor Pro Tem Rubio referred to Item 34,canvassing returns of the May 6,
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2017 Special Election for the purpose of electing the Mayor.Mayor Pro Tern
Rubio read the results of the election.There were no comments from the
Council or the public.
Council Member Smith made a motion to approve the ordinance,seconded by
Council Member Hunter.This Ordinance was passed on emergency and
approved with the following vote:
Aye: 8- Council Member Garza, Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina, Council
Member Rubio, Council Member Smith and Council Member Vaughn
Abstained: 0
Enactment No:031148
S. EXECUTIVE SESSION: (ITEMS 35-38)
Mayor Pro Tern Rubio referred to the day's executive sessions.The Council
went into executive session at 5:09 p.m.The Council returned from executive
session at 7:43 p.m.
35. 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 annexation,
disannexation, apportionment of extra-territorial jurisdiction between
municipalities, interlocal agreements with water districts and
neighboring municipalities, contracts for the potential economic
development agreement(s)with entities that are considering the
construction, expansion, and/or ownership of industrial facilities that
will be consumers of water and wastewater services and pursuant to
Texas Government Code § 551.087 to discuss confidential
commercial or financial information pertaining to the aforesaid
business prospect(s)that the City seeks to have locate, stay or expand
in or near the territory of the City and with which the City may conduct
economic development negotiations and/or deliberate possible
economic development issues concerning said business prospect(s).
This E-Session Item was discussed in executive session.
36. 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 disposal of
waste in Type IV Landfill (as described in 30 TAC § 330.5) located
at/near 1435 County Road 26 (also known as Gulley-Hurst Landfill)
and municipal solid waste fees.
This E-Session Item was discussed in executive session.
37. 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 state and
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federal regulations involving funding for the construction of Holly Road
between Crosstown Freeway and Greenwood Drive and the possible
need to acquire additional property rights along said corridor to comply
with said regulations and pursuant to Texas Government Code §
551.072 to deliberate the purchase, exchange, lease, or value of real
property because deliberation in an open meeting would have a
detrimental effect on the position of the governmental body in
negotiations with a third person.
Mayor Pro Tern Rubio referred to Item 37 and the following motion was
considered:
Motion of direction to request City staff re-scope the Holly Road Project
between Crosstown Expressway and Greenwood Drive to a 3-lane section with
center turn lane,designated right turn lanes at major intersections,and
sidewalk and cycle track within existing funding.
Council Member Hunter made a motion to approve the motion,seconded by
Council Member Molina.This Motion was passed and approved with the
following vote:
Aye: 8- Council Member Garza, Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina,Council
Member Rubio,Council Member Smith and Council Member Vaughn
Abstained: 0
Enactment No: M2017-062
38. 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 Municipal
Court and Texas Government Code§ 551.074 (Personnel Matters)to
deliberate the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of Municipal Court Judges with possible
discussion and action in open session.
Mayor Pro Tem Rubio referred to Item 38 and read the following statement:
"The City Council has discovered that one of its municipal court judges,Young
Min Burkett,does not meet the statutory requirements for status as a
municipal court judge of U.S.citizenship and status as a qualified voter.Ms.
Burkett did not make any misrepresentations in seeking appointment.Instead,
the City did not ask this question in the qualification process.Therefore,Ms.
Burkett has been placed on unpaid leave for a period of 90 days to give her an
opportunity to obtain her U.S.citizenship.The Legal Department has reviewed
this matter and determined the past rulings of this judge are not invalidated by
this status."
T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
Mayor Pro Tern Rubio referred to Identigy Council Future Agenda Items.A
council member requested a briefing on the homelessness issue.
U. ADJOURNMENT
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The meeting was adjourned at 7:46 p.m.
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