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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 February 19, 2019 which were approved by the City
Council on February 26, 2019.
WITNESSETH MY HAND AND SEAL, on this the 26th day of February 2019.
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Rebecca Huerta
City Secretary
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CityCi of Corpus Christi 1201 Leopard Street
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Meeting Minutes
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City Council
Tuesday,February 19,2019 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 Joe McComb to call the meeting to order.
Mayor McComb called the meeting to order at 11:33 a.m.
B. Invocation to be given by Pastor Rick Barerra, Believe Church.
Pastor Rick Barrera gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Tracey Cantu,
Assistant Director of Communication.
Assistant Director of Communication Tracey Cantu 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:
Interim City Manager Keith Selman,City Attorney Miles K.Risley,and City
Secretary Rebecca L.Huerta.
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Present: 9- Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy
Garza,Council Member Paulette Guajardo,Council Member Gil
Hemandez,Council Member Michael Hunter,Council Member Ben
Molina,Council Member Everett Roy, and Council Member Greg Smith
E. Proclamations/Commendations
1. Commendation for Con Mims, Executive Director, Nueces River
Authority.
Swearing-In Ceremony for Newly Appointed Board, Commission,
Committee and Corporation Members.
Mayor McComb presented a commendation and conducted the swearing-in
ceremony for newly appointed board and committee members.
F. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS:
Mayor McComb referred to City Manager's Comments.Interim City Manager
Keith Selman reported on the following topics:
b. OTHER
1)The Solid Waste Department is prepositioned with contract workers in the
event of an emergency,such as Hurricane Harvey,to instantly begin cleanup
after the event.The contract was fully reimbursable by the Federal Emergency
Management Agency(FEMA)and the City has collected 90% reimbursement.
The City collected 638,000 tons of refuse with an accumulated value of
$10,625,000.2)The Police Department is hosting a community meeting on
Thursday,February 21,2019 at Rose Shaw Elementary School located at 2920
Soledad Street from 6:00 p.m.to 8:00 p.m.
a. UTILITY BILLING UPDATE
Interim City Manager Selman introduced Interim IT Director Peter Collins who
provided the following information regarding the City's Infor Software and the
utility billing system:an update on the external audit process;the
Development Services portal;the Hanson and Lawson software systems;a
future agenda item regarding the meter transmission units(MTU)and
Automated Meter Reading(AMR)system;and the progress of the missed utility
bills.
Mayor McComb announced that Item 31 was pulled.
G. MINUTES:
2. Regular Meeting of February 12, 2019.
Mayor McComb referred to approval of the minutes.Council Member
Hernandez made a motion to amend the minutes regarding Item 40,Corpus
Christi Regional Transportation Authority(RTA)2018 Year in Review,to include
the the question if the RTA is going to request fare increases from the City
Council and the reply that the RTA is looking into the option which may be a
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future City Council item,seconded by Council Member Smith and passed
unanimously.
Council Member Smith made a motion to approve the minutes as amended,
seconded by Council Member Hernandez and passed unanimously.
S. BRIEFINGS: (ITEM 44)
44. Corpus Christi Museum of Science and History Update
Mayor McComb deviated from the agenda and referred to Item 44.Carol
Rehtmeyer,President/CEO of the Friends of the Museum of Science and
History,stated that the purpose of this item is to provided an update on the
Museum of Science and History(Museum).Ms.Rehtmeyer and Dr.Mary Jane
Garza presented the following information:that the Friends of the Museum is
135 days into the contract since being awarded management of the Museum;
quotes from patrons of the Museum;an income comparison;a revenue
comparison from 2013 to 2019;current membership;education programs;
events from October 2018 to February 2019;upcoming events and camps;
improvements to the exhibits and general maintenance;the number of
employees;grants and sponsorships; Rebuild Texas/One Star funded projects;
a major project to completely revise the website;billboard advertising;
partnerships and associations;and feedback from Museum guests.
Council members and the presentation team spoke regarding the following
topics:the removal of mulch from the outdoor playground area;continuous
reporting to Assistant to the City Manager Esther Velazquez and the progress at
the Museum;and advertising.
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. All items on this agenda are considered public
hearings.
Mayor McComb deviated from the agenda and referred to comments from the
public.City Attorney Miles K.Risley read the Rules of Decorum for the Council
Chambers.City Secretary Rebecca L.Huerta conducted the public comment
period.Brian Watson,5813 Hugo,spoke regarding efforts to establish a tennis
facility on the south side of the City and in support of the jail diversion
program.Ramiro Gamboa,2630 Cloyde,spoke regarding issue related to gas
meter reading and maintenance of the meters.Susie Luna Saldana,4710
Hakel,thanked the City Council for moving forward with the regional sports
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complex.
H. BOARD &COMMITTEE APPOINTMENTS:
3. Committee for Persons with Disabilities
Electrical Advisory Board
Leadership Committee for Senior Services
Mechanical/Plumbing Advisory Board
Pipeline Review Panel
Regional Health Awareness Board
Sister City Committee
Mayor McComb referred to board and committee appointments.The following
appointments were made:
Committee for Persons with Disabilities
Council Member Garza made a motion reappointing Richard Balli,Mary C.
Bustos,Sabrina Ramirez,and Anthony Zoccolillo,seconded by Council
Member Hunter and passed unanimously.
Council Member Molina made a motion to appoint James(T.C.)Chadden and
Vanessa P.Nisbet,seconded by Council Member Hunter and passed
unanimously.
Electrical Advisory Board
Council Member Garza made a motion to reappoint William R.Ashcraft,Jr.
(Utility Power Distribution),Robert Sandate(Electrical Supply Business),and
Lyndon E.Smiling(Not Connected to Electrical Industry)and reinstate David A.
Carranco(Journeyman Electrician),seconded by Council Member Guajardo
and passed unanimously.
Council Member Garza made a motion to appoint James Hernandez(Master
Electrician),seconded by Council Member Barrera and passed unanimously.
Leadership Committee for Senior Services
Council Member Garza made a motion to reappoint Ginger Bryant(Senior
Center),Teresa Garcia(Agency),Monica Hansen(Community Representative),
Denise Villagran(Community Representative),and Meng Zhao(Community
Representative),seconded by Council Member Barrera and passed(Council
Member Smith voting"No".
Council Member Guajardo made a motion to appoint Pamela Greene
(Community Representative),Melanie M.Munoz(Community Representative),
and Sarita Salvide(Community Representative),seconded by Council Member
Molina and passed unanimously.
Mechanical/Pluming Advisory Board-postponed
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Pipeline Review Panel
Council Member Hunter made a motion to appoint Ricardo Ramos(Community
Representative),seconded by Council Member Hernandez and passed
unanimously.
Council Member Molina made a motion to appoint Richard D.Stracener
(Technical Expertise),Christopher J.Rabe(Technical Expertise),Hector D.
Gonzalez(Technical Expertise),and Joe Almaraz(Emergency Management
Experience/Technical Expertise),seconded by Council Member Hernandez and
passed unanimously.
Regional Health Awareness Board
Council Member Hernandez made a motion to appoint James C.Miller PhD
(City Community Representative),seconded by Council Member Smith and
passed unanimously.
Sister City Committee
Council Member Hunter made a motion to appoint Abu N.M.Waheeduzzaman
(Advertising/Public Relations),seconded by Council Member Hernandez and
passed unanimously.
Council Member Hernandez made a motion to appoint Fernando Fernandez,
Jr.(At-Large),seconded by Council Member Barrera and passed unanimously.
EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 4-29)
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda.Council members requested
that Items 6,7 and 10 be pulled for individual consideration.There were no
comments from the public.
Council Member Guajardo made a motion to approve the Consent Agenda,
seconded by Council Member Garza.The consent agenda items were passed
and approved by one vote as follows:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Hunter
Abstained: 0
4. Lease Purchase of Vehicles for Police Department
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Motion authorizing the lease purchase of four Ford F-150 crew cab trucks
from Silsbee Ford Inc. of Silsbee, Texas, plus two Nissan Rogue SUVs
and three Altima sedans from Gunn Chevrolet Ltd of Selma, Texas for the
Police Department for a total amount not to exceed $219,991.30.
This Motion was passed on the consent agenda.
Enactment No: M2019-021
5. Service Agreement for Battery Replacements for Corpus Christi
Fire Department
Motion authorizing a one-year service agreement for battery
replacements with Noyesmen, Inc., dba Interstate Batteries of South
Texas, of Corpus Christi, Texas, for an amount not to exceed $27,618.70,
with two one-year options for a total potential multi-year amount of
$82,856.10.
This Motion was passed on the consent agenda.
Enactment No: M2019-022
8. Service Agreement Amendment for Subscription and Maintenance
of Customer Engagement Software for Utilities Department
Motion authorizing an amendment for a one-year service agreement for
subscription and maintenance of customer engagement software with
WaterSmart Software, Inc of San Francisco, California for an amount not
to exceed $112,500.
This Motion was passed on the consent agenda.
Enactment No: M2019-025
9. Service Agreement for Generator Preventive Maintenance and
Repair Services
Motion authorizing a one-year service agreement for generator
preventive maintenance and repair services, including rentals with Holt
Texas Ltd, of San Antonio, TX for an amount not to exceed $100,875,
with two one-year options for a total potential multi-year amount not to
exceed $302,625.
This Motion was passed on the consent agenda.
Enactment No: M2019-026
11. Service Agreement for Offsite Repairs of Ford Vehicles for Asset
Management
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Motion authorizing a one-year service agreement for offsite repairs of
Ford vehicles with Crosstown Partners Inc., dba Sames Ford of Corpus
Christi, Texas for an amount not to exceed $478,500, with a one-year
option for a total potential multi-year amount of$957,000.
This Motion was passed on the consent agenda.
Enactment No: M2019-028
12. Resolution identifying Avanti at South Bluff as a development
which will contribute to revitalization efforts
Resolution of the City Council of the City of Corpus Christi, Texas
identifying the project known as Avanti at South Bluff as a development
that will contribute most significantly to the concerted revitalization efforts
of the City in the Downtown Area Development Plan; and providing for an
effective date.
This Resolution was passed on the consent agenda.
Enactment No:031669
13. Appointing Board Members to the Corpus Christi Housing
Finance Corporation and the Corpus Christi Industrial
Development Corporation
Motion appointing Council Members Joe McComb, Roland Barrera,
Rudy Garza, Paulette Guajardo, Gil Hernandez, Michael Hunter, Ben
Molina, Everett Roy and Greg Smith as Board Members to the Corpus
Christi Housing Finance Corporation and the Corpus Christi Industrial
Development Corporation.
This Motion was passed on the consent agenda.
Enactment No: M2019-029
14. Appointing Board Members to the Coastal Bend Health Facilities
Development Corporation and the Coastal Bend Cultural
Education Facilities Finance Corporation
Motion appointing Council Members Joe McComb, Roland Barrera,
Rudy Garza, Paulette Guajardo, Gil Hernandez, Michael Hunter, Ben
Molina, Everett Roy and Greg Smith as Board Members to the Coastal
Bend Health Facilities Development Corporation and the Coastal Bend
Cultural Education Facilities Finance Corporation.
This Motion was passed on the consent agenda.
Enactment No: M2019-030
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15. Service Agreement for InCode Software for Municipal Court
Resolution authorizing a five-year service agreement for InCode software
maintenance and support with Tyler Technologies of Plano, Texas for an
amount not to exceed $864,818.
This Resolution was passed on the consent agenda.
Enactment No:031670
16. Second Reading Ordinance-Rezoning for a Property located at or
near 6001 Crosstown Expressway (State Highway 286)(1st
Reading 2/12/19)
Case No. 1118-02 Charles L. Kosarek, Jr and Dane Casey Holdings,
LLC: Request for rezoning a property at or near 6001 Crosstown
Expressway (State Highway 286)from the "RS-6"Single-Family 6 District
and "ON" Neighborhood Office District to the "ON" Neighborhood Office
District, the"CN-1" Neighborhood Commercial District, and the"CC"
Commercial Compatible District.
Planning Commission and Staff Recommendation (January 9, 2019):
Approval of the change of zoning from the "RS-6" Single-Family 6 District
and "ON" Neighborhood Office District to the"ON" Neighborhood Office
District, the"CN-1" Neighborhood Commercial District, and the "CC"
Commercial Compatible District.
Ordinance rezoning property at or near 6001 Crosstown Expressway
(State Highway 286) from the "RS-6" Single-Family 6 District and "ON"
Neighborhood Office District to the"ON" Neighborhood Office District,
the "CN-1" Neighborhood Commercial District, and the "CC"Commercial
Compatible District.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031671
17. Second Reading Ordinance - Rezoning for a Property located at or
near 0 Enterprize Parkway (1st Reading 2/12/19)
Case No. 0119-01 Devary Durrill Foundation: Request for rezoning a
property at or near 0 Enterprize Parkway from the"IL" Light Industrial
District to the"CG-2" General Commercial District.
Planning Commission and Staff Recommendation (January 9, 2019):
Approval of the change of zoning from the "IL" Light Industrial District to
the "CG-2" General Commercial District.
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Ordinance rezoning property at or near 0 Enterprize Parkway from the"IL"
Light Industrial District to the "CG-2" General Commercial District.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031672
18. Second Reading Ordinance- Rezoning for a Property located at or
near 1752 Rand Morgan Road (1st Reading 2/12/19)
Case No. 0119-02 NP Homes, LLC: Request for rezoning a property at
or near 1752 Rand Morgan Road from the"RS-6" Single-Family 6 District
to the"RS-4.5" Single-Family 4.5 District.
Planning Commission Recommendation (January 9, 2019): Approval of
the change of zoning from the "RS-6" Single-Family 6 District to the
"RS-4.5" Single-Family 4.5 District.
Staff Recommendation: Denial of the change of zoning from the "RS-6"
Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District.
Ordinance rezoning property at or near 1752 Rand Morgan Road from
the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5
District.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031673
19. Second Reading Ordinance -Accepting and appropriating Victims
of Crime Act(VOCA) Outreach Program Grant(1st Reading
2/12/19)
Ordinance authorizing execution of all documents necessary to accept
$216,469.70 grant from State of Texas, Criminal Justice Division for
Victims of Crime Act Outreach Program with City match of$13,637.43
and in-kind match of$40,480 from Police Grant Fund; appropriating the
$216,469.70 in Police Grants Fund for the VOCA Outreach program; and
authorizing transfer of$13,637.43 from the General Fund to the Police
Grants Fund and appropriating the same for total project cost of
$270,587.13.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031674
20. Second Reading Ordinance -Accepting and appropriating funds
from the Hurricane Public Health Crisis Response Cooperative
Services grant(1st Reading 2/12/19)
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Ordinance accepting and appropriating grant from the Texas Department
of State Health Services for the 2017 Hurricane Public Health Crisis
Response Cooperative Agreement Grant in the amount of$420,842.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031675
21. Second Reading Ordinance -Type A Grant for the Del Mar College
Small Business Development Center(SBDC) (1st Reading 2/12/19)
Ordinance approving a Small Business Incentives Agreement between
the Corpus Christi Business and Job Development Corporation and Del
Mar College to provide grant up to $300,000 for their Small Business
Development Center program over two years; appropriating $300,000
from the unreserved fund balance in the Business/Job Development
Fund; and amending the budget.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031676
22. Second Reading Ordinance -Type A Grant for the Del Mar College
Contract Resource Center(CRC) (1st Reading 2/12/19)
Ordinance approving a Small Business Incentives Agreement between
the Corpus Christi Business and Job Development Corporation and Del
Mar College to provide grant up to $133,000 for their Contractor
Resource Center program; appropriating $133,000 from the unreserved
fund balance in the Business/Job Development Fund; and amending the
budget.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031677
23. Second Reading Ordinance- Partial Easement Closure located at
13982 Binnacle Street(1st Reading 2/12/19)
Ordinance abandoning and vacating 62.9 square feet of an existing utility
easement on Lot 1, Block 712, Padre Island-Corpus Christi, Barataria
Bay Unit 3, located at 13982 Binnacle Street.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031678
24. Second Reading Ordinance -Easement Closure for property
located at 1649 Amber Drive (1st Reading 2/12/19)
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Ordinance abandoning and vacating a 0.02-acre (780 sq. ft.) existing
utility easement on, Lot 3, Block 2, Perry's Estates, located at 1649
Amber Dr.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031679
25. Second Reading Ordinance- Exempting Heines Substation from
Wastewater Lot Acreage Fee (1st Reading 2/12/19)
Ordinance exempting Heines Substation located at the Northwest corner
of Holly Road and Ennis Joslin alignment from the payment of wastewater
acreage fees under Section 8.5.2.G.1 of the Unified Development Code;
requiring a sanitary sewer connection agreement.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031680
26. Second Reading Ordinance- Exempting Swan Village Unit 1 from
Wastewater Lot Acreage Fee (1st Reading 2/12/19)
Ordinance exempting Swan Village Unit 1 located on FM 2444, between
CR 41 and CR 43, from the payment of wastewater acreage fees under
Section 8.5.2.G.1 of the Unified Development Code; requiring a sanitary
sewer connection agreement.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031681
27. Second Reading Ordinance -Approving Amendments to the Tax
Increment Reinvestment Zone#2 amended Project& Financing
Plans (1st Reading 2/12/19)
Ordinance approving the amendment to the Tax Increment Reinvestment
Zone#2 amended Project& Financing Plans approved by the Board of
Directors of Reinvestment Zone Number Two, Corpus Christi, Texas.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031682
28. Second Reading Ordinance-Approving the Resale of 13
Foreclosed Properties (1st Reading 2/12/19)
Ordinance authorizing the resale of 13 properties for$183,553.00 which
were foreclosed upon for failure to pay ad valorem taxes, of which the
City shall receive$32,475.02 plus $38,933.42 for partial payment of City
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paving and demolition liens.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031683
29. Second Reading Ordinance-Appointments of Municipal Court
Judges (First Reading -02/12/19)
Ordinance appointing Mike James Alaniz, Young Min Burkett, Jacqueline
Del Llano Chapa, Gail Loeb, and Patrick 0' Hare as full-time Municipal
Judges of the Municipal Court of Record in the City of Corpus Christi,
Texas; appointing Gail Loeb as the presiding judge; appointing Jerry L.
Batek, Christopher E. Matt, Michael McCaig, Todd A. Robinson, and
David Walsh as part-time judges of the Municipal Court of Record in the
City Of Corpus Christi; determining salary; providing a term of office; and
declaring an effective date.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031684
6. Service Agreement for HEB Tennis Center Management and
Program Services for Parks and Recreation
Motion authorizing a five-year service agreement for HEB Tennis Center
Management and Program Services with Sweet Spot Tennis, LLC of
Corpus Christi, Texas for a management fee of$4,250 per month for a
not to exceed five-year total amount of$255,000, plus the Contractor
keeps 100% of all revenue earned in return for the management and
operation of the tennis center.
Mayor McComb referred to Item 6,a five-year service agreement for HEB
Tennis Center management and program services.Interim Director of Parks
and Recreation Becky Perrin,Assistant Director of Financial Services Kim
Baker,Parks and Recreation Finance and Resource Manager Kathleen Ramos
and council members discussed the following topics:if the City has other
contracts where the vendor receives 100%of revenue;concerns from council
members regarding the five-year term of the agreement;a council member
suggested changing the term of the agreement to one-year to determine
performance of the contract,with extensions based on City Council input;that
the vendor would have to agree to changing the terms of the agreement;that
the City is subsidizing the tennis program and paying for maintenance of the
facility;a council member discussed the approach regarding operating tennis
centers similar to the golf courses in order for the tennis centers to become
self-sustaining;that staffs goal was to prove to the vendors that the tennis
centers can generate revenue and eventually be self-sustaining;auditing and
monitoring of the contract;the termination clause in the agreement;a council
member suggested a three-year agreement with the option to bring back to
City Council for two,one-year renewals;complaints regarding the
management at HEB Tennis Center; if there is a mechanism in place to tier
down the funding provided by the City;the market that the City is trying to
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attract to these facilities;that the HEB Tennis Center is a tournament/league
facility;the revenue generated from tournaments;the results of the audit of the
tennis centers;the City's portion of the revenue from the current contract;the
terms of the current agreement,including revenue sharing;the funding
invested for the recent upgrades to the HEB Tennis Center;the overall revenue
potential;the overall budget for the HEB Tennis Center;that this contract is a
savings of$50,000 in the budget;that the golf facilities are leased and not
under a management agreement;an option to lease out the tennis facilities;
that the proposed contract is with the current operator of the facility;a
long-term goal for the tennis facilities;staffs recommendation to move forward
with a service agreement and look into options for a lease-option in the next
phase;that a contracts/fund administrator will be reviewing the contract;and
the number of tournaments at the HEB Tennis Center.
There were no comments from the public.
Council Member Hunter made a motion to amend the motion to authorize a
three-year service agreement and direct the Interim City Manager to look into
a lease-option similar to the golf courses,seconded by Council Member
Hernandez.The Motion to amend was passed and approved with the following
vote:Mayor McComb,Council Members Roy,Hernandez,Hunter,and Molina
voting"Aye";Council Members Smith,Barrera,Garza,and Guajardo voting
"No"
Council Member Hunter made a motion to approve the motion as amended
seconded by Council Member Hernandez.This Motion was passed as amended
and approved with the following vote:
Aye: 5- Mayor McComb,Council Member Hernandez, Council Member Hunter,
Council Member Molina and Council Member Roy
Nay: 4- Council Member Barrera, Council Member Garza, Council Member
Guajardo and Council Member Smith
Abstained: 0
Enactment No: M2019-023
7. Service Agreement for Al Kruse Tennis Center Management
Services for Parks and Recreation
Motion authorizing a five-year service agreement for Al Kruse Tennis
Center Management and Program Services with Love Tennis &
Education of Corpus Christi, Texas for a management fee of$1,900 per
month for a not to exceed five-year total amount of$114,000, plus the
Contractor keeps 100% of all revenue earned in return for the
management and operation of the tennis center.
Mayor McComb referred to Item 7,a five-year service agreement for Al Kruse
Tennis Center management and program services.Interim Director of Parks
and Recreation Becky Perrin,Assistant Director of Financial Services Kim
Baker,Parks and Recreation Finance and Resource Manager Kathleen Ramos
responded to council members questions.There were no comments from the
public.
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Council Member Molina made a motion to amend the motion to a three-year
service agreement and direct the Interim City Manager to look into a
lease-option similar to the golf courses,seconded by Council Member Hunter.
Council members discussed the following topics:a council member expressed
concern regarding the length of the agreement;that programming at the Al
Kruse Tennis Center is not as detailed as programming at the HEB Tennis
Center;that the Al Kruse Tennis Center is a neighborhood-type facility and the
HEB Tennis Center is more tournament oriented;staff's opinion regarding if the
terms should be amended;and that staff expressed support for a three-year
service agreement should the City Council desires to move forward with a
lease-option in the future
Council Member Molina rescinded his motion;Council Member Hunter
rescinded his second.
Council Member Smith made a motion to approve the motion,seconded by
Council Member Guajardo. This Motion was passed and approved with the
following vote:
Aye: 6- Mayor McComb,Council Member Barrera, Council Member Guajardo,
Council Member Molina, Council Member Roy and Council Member Smith
Nay: 3- Council Member Garza, Council Member Hernandez and Council Member
Hunter
Abstained: 0
Enactment No: M2019-024
10. Supply Agreement for Emulsified Polymerized Asphalt(HFRS-2P)
for Street Operations
Motion authorizing a three-year supply agreement for the purchase of
emulsified polymerized asphalt with Ergon Asphalt & Emulsions, Inc. of
Austin, Texas for the not to exceed amount of$2,250,000.
Mayor McComb referred to Item 10.Interim Director of Street Operations
Charlie Cardenas stated that the purpose of this item is to authorize a
three-year supply agreement for the purchase of emulsified polymerized
asphalt with Ergon Asphalt&Emulsions,Inc.There were no comments from
the public.
Council members and staff discussed the following topics:that there were no
other bidders to the Request for Bid(RFB);if there are other vendors that
provide this product;that there are no other sources in Texas that provide this
product; if there has been a determination that Ergon Asphalt&Emulsions is
responsible for the last citywide water ban issue;if there are other compatible
products that can be used;background regarding the Street Department's use
of the current product;safety concerns regarding alternative products and the
impact those products have on City equipment; how having one vendor for this
product impacts pricing; if the City has the equipment to use other products;
the number of street crews the City has for seal coating;the Street
Preventative Maintenance Program(SPMP);that the street work is
supplemented with the SPMP contract;a cost analysis between contract versus
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in-house crews;and evaluating alternate methods and materials.
Council Member Barrera made a motion to approve the motion,seconded by
Council Member Smith.This Motion was passed and approved with the
following vote:
Aye: 6- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Hernandez, Council Member Roy and Council Member Smith
Nay: 2- Council Member Guajardo and Council Member Molina
Absent: 1 - Council Member Hunter
Abstained: 0
Enactment No: M2019-027
U. EXECUTIVE SESSION: (ITEMS 46 -47)
Mayor McComb deviated from the agenda and referred to Executive Session
Items 46 and 47.The Council went into executive session at 1:50 p.m.The
Council returned from executive session at 2:38 p.m.
46. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to the purchase,
exchange, lease, or value of real property rights at or in the vicinity of the
Frost Bank Building and/or 2400 Block of Leopard Street, and pursuant
to Texas Government Code§551.072 to deliberate the purchase,
exchange, lease, or value of real property (including, but not limited to,
property rights at or in the vicinity of the aforementioned locations)
because 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.
47. 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 negotiations and
potential litigation with the U.S. Environmental Protection Agency, Texas
Commission on Environmental Quality, Texas Attorney General, and/or
U.S. Department of Justice concerning the City's sanitary sewer system
and/or water system, dissolved oxygen standards in Oso Bay, sanitary
sewer overflows, and other regulatory matters related to the City's
wastewater treatment plants
This E-Session Item was discussed in executive session.
M. RECESS FOR LUNCH
The recess for lunch was held during Executive Session Items 46 and 47.
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L. FUTURE AGENDA ITEMS: (ITEMS 30-34)
Mayor McComb referred to Future Agenda Items.Interim City Manager Keith
Selman stated that staff had no planned presentations.
30. Service Agreement for Psychological Services for Police, Fire,
Airport and Municipal Court
Motion authorizing a three-year service agreement for psychological
services with Kathryn W. Soward, Ph.D., of Corpus Christi, Texas, for an
amount not to exceed $78,750.00, with two one-year options for a
potential total amount not to exceed $131,250.00.
This Motion was recommended to the consent agenda.
31. Approval of Five(5) Master Agreements for Facilities Multiple
Award Contract(FMAC) Program
Motion authorizing the City Manager or designee to execute a Master
Agreement for the Facilities Multiple Award Contract (FMAC) program
for a two-year term with the option to administratively renew annually for
not more than three additional years, with no guaranteed minimum and a
maximum aggregate of$2,500,000 per agreement in any one year with
the following:
Barcom Construction, Inc. of Corpus Christi, Texas
Davila Construction, Inc. of Corpus Christi, Texas
Gourley Contracting, LLC of Corpus Christi, Texas
Teal Construction Company, Inc. of Corpus Christi, Texas
Abba Construction, LLC of Laredo, Texas (Alternate Contractor)
This Motion was withdrawn.
32. Supply Agreement for Asphalt Patch Bags for Street Operations
Motion authorizing a three-year supply agreement with Asphalt Patch
Enterprises, Inc. of New Braunfels, Texas, for the purchase of asphalt
patch bags for a total amount not to exceed $371,347.20.
This Motion was recommended to the consent agenda.
33. Resolution for an Interlocal Agreement with Texas A&M Agrilife
Extension Service for soil analysis
Resolution authorizing an Interlocal Agreement with Texas A&M AgriLife
Extension Service for a soil testing program.
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This Resolution was recommended to the consent agenda.
34. Supply Agreement for Sludge Dewatering Polymer for Wastewater
Plants
Motion authorizing a one-year supply agreement for sludge dewatering
polymer with Polydyne, Inc. from Riceboro, Georgia for a total amount not
to exceed $308,992.00.
This Motion was recommended to the consent agenda.
N. PUBLIC HEARINGS: (NONE)
O. REGULAR AGENDA: (ITEMS 35-36)
35. Resolution for approval to submit a grant application for funding
available under the Violence against Women Act(VAWA) Fund
Resolution authorizing submission of grant application for$54,338.83 to
the State of Texas under the Violence Against Women Act with city cash
match of$14,000 and $8,280 in-kind services.
Mayor McComb referred to Item 35.Police Management Services Director Pat
Eldridge stated that the purpose of this item is to authorize submission of a
grant application in the amount of$54,338.83 with a city cash match of$14,000
and$8,280 in-kind services for the Violence Against Women Act(VAWA).There
were no comments from the Council or the public.
Council Member Molina made a motion to approve the resolution,seconded by
Council Member Barrera.This Resolution was passed and approved with the
following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Hunter
Abstained: 0
Enactment No:031685
36. Resolution for approval to submit a grant application for funding
available under the Victims of Crime Act Fund
Resolution authorizing submission of grant application in the amount of
$282,848.10 to the State of Texas under the Victims of Crime Act with
city cash match of$61,112.02 and $9,600 in-kind services.
Mayor McComb referred to Item 36.Police Management Services Director Pat
Eldridge stated that the purpose of this item is to authorize submission of a
grant application in the amount of$282,848.10 with a city cash match of
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$61,112.02 and$9,600 in-kind services to the State of Texas for the Victims of
Crime Act.There were no comments from the Council or the public.
Council Member Molina made a motion to approve the resolution,seconded by
Council Member Hernandez.This Resolution was passed and approved with
the following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Hunter
Abstained: 0
Enactment No:031686
P. FIRST READING ORDINANCES: (ITEMS 38-39)
38. First Reading Ordinance-Appropriating funds from the Recovery
on damage claim
Ordinance appropriating $5,682.32 from damage claim into General
Fund to pay damage claim on a leased vehicle; and changing Operating
Budget by increasing revenue and expenditures in the General Fund by
$5,682.32.
Mayor McComb deviated from the agenda and referred to Item 38.Police
Management Services Director Pat Eldridge stated that the purpose of this item
is to appropriate$5,682.32 to pay damage claim on a leased vehicle.There
were no comments from the Council or the public.
Council Member Molina made a motion to approve the ordinance,seconded
by Council Member Smith. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Hunter
Abstained: 0
39. First Reading Ordinance -Amending Chapter 23 of the City Code
prohibiting operating of retail tobacco stores, hookah lounges,
vaping lounges and cigar bars from 2:00 am to 7:00 am
Ordinance amending Chapter 23 of the Corpus Christi Code to prohibit
operating and using retail tobacco stores, hookah lounges, vaping
lounges and cigar bars from 2:00 am to 7:00 am; and providing for
penalty.
Mayor McComb referred to Item 39.Deputy Police Chief Billy Breedlove stated
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that the purpose of this item is to amend the City's Code of Ordinances,
Smoking Ordinance,by updating definitions to include electronic smoking
devices,vaping and hookah;to include vaping and hookah lounges into the
definition of a smoking lounge;and to limit operation of tobacco and smoking
lounges to 7:00 a.m.to 2:00 a.m.There were no comments from the public.
In response to a council member,Police Chief Mike Markle stated that there
are quality of life concerns regarding smoking lounges operating after 2:00
a.m.The smoking lounges,which currently operate after 2:00 a.m.,are
impacting residents that live adjacent to those establishments and increasing
the number of police calls for services.
Council Member Smith 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: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
0. REGULAR AGENDA: (ITEM 37)
37. Resolution of the Corpus Christi City Council to express
opposition to legislation that would expand the statutory
membership of the Port Commission of the Port of Corpus Christi
Authority
Mayor McComb referred to Item 37.Director of Intergovernmental Relations
Tammy Embrey stated that the purpose of this item is to approve a resolution
expressing opposition to legislation that would expand the stautory
membership of the Port Commission of the Port of Corpus Christi Authority.A
legal notice of intent to introduce a bill to the State legislature was published
on January 26,2019.There were no comments from the public.
Council members discussed the following topics:a brief overview regarding
San Patricio County's consideration to increase membership of the Port
Commission;and discussions regarding electing the Port Commission
members.
Council Member Guajardo made a motion to approve the resolution,seconded
by Council Member Barrera.This Resolution was passed and approved with
the following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Hunter
Abstained: 0
Enactment No:031687
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U. EXECUTIVE SESSION: (ITEM 48)
Mayor McComb deviated from the agenda and referred to Executive Session
Item 48.The Council went into executive session at 2:51 p.m.The Council
returned from executive session at 4:47 p.m.
48. Executive session pursuant to Texas Government Code§551.074
(Personnel Matters)to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of the City
Manager
Mayor McComb referred to Item 48 and stated that the City Council met in
executive session with Slavin Management Consultants regarding the search
for a new City Manager.The City Council discussed the candidates and
requested additional information on several candidates.Slavin Management
Consultants will work to gather the additional information by March 4,2019,to
be presented to City Council at the March 19,2019 Council meeting.
P. FIRST READING ORDINANCES: (ITEMS 40-42)
40. First Reading Ordinance-Easement closure for property located
at 16001 El Soccorro Loop
Ordinance abandoning and vacating a 7.5-foot wide by approximately
60-feet in length (449.73 sq. ft.) portion of an existing utility easement out
of Lot 7, Block 26, Padre Island-Corpus Christi, Coquina Bay
Subdivision, located at 16001 El Soccorro Loop.
Mayor McComb referred to Item 40.Director of Development Services Nina
Nixon-Mendez stated that the purpose of this item is to abandon and vacate a
7.5-foot wide by approximately 600-feet in length portion of an existing utility
easement for property located at 16001 El Soccorro Loop to facilitate the
potential future sale of the home.A fiberglass swimming pool encroaches into
the easement.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 first reading and
approved with the following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
41. First Reading Ordinance -Appropriating reimbursement funds for
the Coastal Bend Fertilizer and Pesticides Monitoring Program
Ordinance to appropriate$37,048 in reimbursement funds received
through the Reimbursement Contract with Coastal Bend Bays and
Estuaries Program, Inc. for the Coastal Bend Fertilizer and Pesticides
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Monitoring Program in the No. 4300 Stormwater Treatment Fund.
Mayor McComb referred to Item 41.Director of Water Utilities Kevin Norton
stated that the purpose of this item is to appropriate$37,048 in reimbursement
funds received through a grant from the Coastal Bend Bays and Estuaries
Program for the Coastal Bend Fertilizer and Pesticides Monitoring program.
This item is related to Future Agenda Item 33,an interlocal agreement with
Texas A&M AgriLife Extension Services for a soil testing program.The City's
Stomiwater team has been partnering with the Coastal Bend Bays and
Estuaries Program and Texas A&M AgriLife Extension Services to improve
stormwater management and protect the City's bays.The Stormwater team
conducts public outreach to promote proper disposal of pesticides and fertilizer
to educate citizens regarding the negative impacts to the environment and
stormwater system which drains into the bays.Residental soil testing will be
conducted throughout the City to determine fertilizer use and the data will
contribute to future actions to protect the City's bays.Mr.Norton presented the
three primary goals of the project.There were no comments from the public.
Council members and staff discussed the following topics:use of the data to
apply for RESTORE Act funding;and the integrity of the samples.
Council Member Barrera made a motion to approve the ordinance,seconded
by Council Member Hunter. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor McComb,Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
42. First Reading Ordinance-Amending the Capital Improvement
Budget for replacement of the current gas-powered chillers
Ordinance amending the FY 2019 Capital Improvement Budget to add
project E15135 Gas Department Chiller Replacement in the amount of
$410,000 for replacement of the current gas powered-chillers.
Mayor McComb referred to Item 42.Capital Improvement Program Manager
Kamil Taras stated that the purpose of this item is to amend the FY2019 Capital
Improvement Budget to add the Gas Department Chiller Replacement project.
The current chillers at the Gas Department Building are non-operational.There
were no comments from the public.
Council members and staff discussed the following topics:that the chillers are
for air conditioning and heating of the Gas Department building;if the old unit
was a gas unit;that the new unit being installed is an air-cooled gas
absorption chiller;the reason the item is not being presented by the Asset
Management Department;the total cost of the project;a breakdown of the
costs;the reason an architect/engineer design is need to replace the chiller;
the company that is installing the chiller;the value of the Gas Department
Building;and a cost analysis of the project.
Council Member Guajardo made a motion to approve the ordinance,seconded
by Council Member Smith.This Ordinance was passed on first reading and
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approved with the following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hunter, Council Member Molina,
Council Member Roy and Council Member Smith
Nay: 1 - Council Member Hernandez
Abstained: 0
Q. RECESS FOR CORPORATION MEETING: (ITEM 43)
Mayor McComb recessed the regular Council meeting at 5:12 p.m.to hold a
Special Meeting of the North Padre Island Development Corporation.
43. Special Meeting of the North Padre Island Development
Corporation
This Corporation Meeting was held.
R. RECONVENE COUNCIL MEETING
Mayor McComb reconvened the regular Council meeting at 5:16 p.m.
S. BRIEFINGS: (ITEMS 44-45)
45. Port of Corpus Christi Ship Channel 16"Waterline Removal and
Replacement
Mayor McComb referred to Item 45.Executive Director of Water Utilities Dan
Grimsbo stated that the purpose of this item is to discuss the removal and
replacement of the Port of Corpus Christi Ship Channel 16"waterline.Mr.
Grimsbo presented the following information:the U.S.Army Corps of Engineers
phasing plan for expansion of the Port of Corpus Christi Ship Channel;the
project timeline;an overview of the City's proposed plans to replace and
remove the water lines;the order of alignment of the 29 pipelines and their
owners;the new crossing of the replacement line;and the estimated cost for
removal and construction of the waterline.Utilities Major Project Engineering
Gabriel Hinojosa was available to respond to council members.
Council members and staff discussed the following topics:consideration for a
larger water line to accommodate future growth;the proposed new alignment
of the waterline;funding for the project;the net savings related to the cost for
flushing the line and monitoring water quality;that the new line will loop into
the City's water system;and if it is mandatory to replace the waterline.
T. LEGISLATIVE UPDATE
Mayor McComb referred to Legislative Update.Director of Intergovernmental
Relations Tammy Embrey reported on the following:SB 2 and HB 2 regarding
property tax reform;school finance reform; Hurricane Harvey and disaster
response issues; restoration of funding from the Texas Commission on
Environment Quality(TCEQ)for air quality monitoring and emissions reduction
activity;an informational hearing regarding the City's desalination project;
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sales tax exemptions;sunset commission bills regarding the Nueces River
Authority(NRA)and the Texas Windstorm Insurance Association(TWIA);
clarifying the rules to promote oyster mariculture;and Coastal Bend to Austin
Day.
V. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
Mayor McComb referred to Identify Council Future Agenda Items.The
following item was identified:a budget policy workshop.
W. ADJOURNMENT
The meeting was adjourned at 5:56 p.m.
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