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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 18, 2020,
which were approved by the City Council on March 17, 2020.
WITNESSETH MY HAND AND SEAL, on this the 19th day of March 2020.
Ftkiaaj:FiA
Rebecca Huerta
City Secretary
Corpus Christi, Texas
(SEAL)
City of Corpus Christi
Rebecca Huerta, City Secretary
P.O. Box 9277
Corpus Christi,Texas 78469-9277
(361) 826-3105
rebeccah@cctexas.com SCANNED
City of Corpus Christi 1201 Leopard Street
Corpus Christi,TX 78401
'` cctexas.com
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„Nz.:y. pMeeting Minutes
City Council
Tuesday,February 18,2020 11:30 AM Council Chambers
Addendums may be added on Friday.
A. Mayor Joe McComb to call the meeting to order.
Mayor McComb called the meeting to order at 11:31 a.m.
B. Invocation to be given by Pastor Chuck Goodwin, Fish for Life Ministries.
Pastor Chuck Goodwin gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Gilbert Hernandez, Director of Municipal Court.
Gilbert Hernandez led the Pledge of Allegiance to the flag of the United States
and the Texas Flag.
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 Peter Zanoni,City Attorney Miles K.Risley and City Secretary
Rebecca L.Huerta.
Present: 9- Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy
Garza,Council Member Paulette Guajardo,Council Member Gil
Hernandez,Council Member Michael Hunter,Council Member Ben
Molina,Council Member Everett Roy,and Council Member Greg Smith
E. Presentation: Gulf Coast Growth Ventures Project Overview by Paul Guilfoyle
Gulf Coast Growth Ventures Executive Paul Guilfoyle presented information on
the following topics: project overview; project timeline; our venture partners;
early progress; new employees; good neighbor program; responsible
growth-air monitors;a community partner; and upcoming events.
Council members and Mr.Guilfoyle discussed the following topics: local
business outreach; average employee salaries for the project,and Portland
residents'concerns regarding Voestalpine.
F. Proclamations/Commendations
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1. Proclamation declaring February 18, 2020, "Taoist Tai Chi 50th
Anniversary Day".
Proclamation declaring February 16-22, 2020, "National Engineer's
Week".
Check Presentation by Parks Arts Leisure and Seniors (PALS) to Parks
and Recreation Department.
The Proclamations were presented and the Check Presentation conducted.
G. PUBLIC COMMENT-APPROXIMATELY 12:00 P.M. 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 Communication department at
361-826-3211 to coordinate. This is a public hearing for all items on this agenda.
Mayor McComb 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.
Jack Gordy,4118 Bray Dr.,spoke regarding sign permits; illegal signs and
related enforcement efforts;and the collection of sign permit fees on state
roadways. Ken Baker,7421 Idle Hour Dr.,spoke regarding the adequacy of
Corpus Christi's police force and the impact of economic incentives on the
Police Department's staffing levels and funding. Daniel Pena,2813 Hulbirt St.,
with the Hillcrest Area Residents Association,spoke regarding issues/concerns
related to the Hillcrest area. Susie Saldana,4710 Hakel Dr.,spoke regarding
the current condition,maintenance and demolition of North Beach bathrooms.
H. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS:
Mayor McComb referred to City Manager's Comments.City Manager Peter
Zanoni reported on the following topics:
a. OTHER
1)The Great Texas Warrant Roundup begins February 29,2020,the amnesty
period for which is February 17-28,2020. 2)Collective bargaining negotiations
with the Corpus Christi Fire Department will begin March 2020. 3)Fire Chief
Robert Rocha provided an update on the pipeline rupture fire that occurred on
February 17,2020 near Interstate 37 and Buddy Lawrence Dr. 4)City Manager
Zanoni announced that the Corpus Christi Convention and Visitors Bureau has
hired Brett Oetting as its new Chief Executive Officer/President(CEO)and
thanked Alyssa Barrera Mason for having served as Interim CEO. 5)City
Manager Zanoni provided an update on the current status of and future plans
for the North Beach restrooms.
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MINUTES: (NONE)
Q. BRIEFINGS: (ITEM 19)
19. Corpus Christi Regional Economic Development Corporation
(CCREDC) Quarterly Update to City Council for the quarter ending
December 31, 2019
Mayor McComb deviated from the agenda and referred to Item 19.
President/Chief Executive Officer of the Corpus Christi Regional Economic
Development Corporation(CCREDC)lain Vasey presented information on the
following topics: mission statement;employment by sector for the Corpus
Christi and Metropolitan Statistical Area(MSA); business attraction and
recruitment; business retention and expansion;what we are working on.
Council members,City Manager Peter Zanoni and Mr.Vasey discussed the
following topics: the CCREDC's participation in enhancements to the Corpus
Christi International Airport(CCIA);the number of daily flights to and from
Corpus Christi;the CCIA's impact on economic development; infrastructure
improvements in the Calallen area related to the Steel Dynamics facility being
constructed in Sinton,Texas;the City's funding of infrastructure in the Calallen
area and its anticipated return on investment;the CCREDC's building workforce
plans;job training; a traffic study, related to safety,being conducted in the
Calallen area;developing the"right way" in this period of rapid growth;the
labor gap between available jobs and persons qualified to fill those jobs;the
importance of a drug-free labor force and associated challenges;that the latest
training methods are needed locally; manpower coming from outside the
region; industry's monetary participation in the provision of local training
programs;employing and training veterans; preferences in hiring veterans
utilized by companies;and the Corpus Christi Convention and Visitors Bureau's
involvement in securing additional flights into and out of the CCIA.
J. BOARD &COMMITTEE APPOINTMENTS:
2. Committee for Persons with Disabilities (4 vacancies)
Reinvestment Zone No. 2 Board (1 additional member)
Sister City Committee (1 vacancy)
Mayor McComb referred to Item 2.
Committee for Persons with Disabilities
City Secretary Rebecca L.Huerta announced that appointments to the
Committee for Persons with Disabilities are being rescheduled for the February
25,2020 Council meeting.
Reinvestment Zone No.2 Board
Council Member Smith made a motion to appoint Brent Chesney(Nueces
County),seconded by Council Member Hunter and passed unanimously.
Sister City Committee
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Council Member Molina made a motion to appoint Fernando Moral-Iglesias,
seconded by Council Member Hunter and passed unanimously.
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 3 - 13)
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda. Council members requested
that Items 7 and 9 be pulled for individual consideration.
There were no comments from the public.
A motion was made by Council Member Smith,seconded by Council Member
Roy,to approve the Consent Agenda.The motion carried by 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
Consent-Second Reading Ordinances
3. Zoning Case No. 1119-03, Morteza Shafinury and Abdolrhim Aminzadeh
(District 5). Ordinance rezoning property at or near 7121 Saratoga
Boulevard (State Highway 357) from the "RM-1" Multifamily 1 District and
"CG-2" General Commercial District to the "IL" Light Industrial District.
Planning Commission and Staff recommend Denial and in lieu thereof
approval of the "CG-2/SP" General Commercial District with a Special
Permit with conditions.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:032021
4. Zoning Case No. 1219-03, MVR Construction Company (District 4).
Ordinance rezoning property at or near 2301 Flour Bluff Drive from the
"RS-6" Single-Family 6 District and "CG-2" General Commercial District
to the "RS-4.5" Single-Family 4.5 District. Planning Commission and
Staff recommend Approval.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:032022
5. Ordinance amending the Urban Transportation Plan map of MobilityCC,
a transportation element of the City's Comprehensive Plan, to adjust the
location of the future Oso Parkway relative to the Oso Creek flood zones;
to eliminate a north-south Collector street that becomes unnecessary
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when Oso Parkway is shifted westward; to adjust the connection between
CR 43 East and Oso Parkway; and to connect CR 20A with Oso
Parkway. (Located near Council District 5)
This Ordinance was passed on second reading on the consent agenda.
Enactment No:032023
6. Ordinance authorizing a Wastewater Force Main and Lift Station
Construction and Reimbursement Agreement with Tamez Development
Corporation to construct wastewater force main and lift station for a
planned residential subdivision located on CR-43 with a completion date
of February 28, 2022; transferring $300,000 from the Sanitary Sewer
Collection Line Trust Fund and $200,000 from the 4030 Water
Distribution Main Trust Fund to the Sanitary Sewer Trunk System Trust
Fund; and appropriating $1,965,620.00 from the Sanitary Sewer Trunk
System Trust Fund to reimburse the Developer per the agreement.
(District 5)
This Ordinance was passed on second reading on the consent agenda.
Enactment No:032024
7. Ordinance authorizing a Type B Affordable Housing agreement with TG
110 Village at Greenwood GP, LLC in the amount of$1,250,000 for a
$12.7 million dollar development with 30 affordable housing rental units
out of a total of 60 multi-family, mixed income units to be paid over two
years; appropriating funds in the amount of$625,000 from the Type B
Affordable Housing Fund; and amending the budget.
Mayor McComb referred to Item 7.
Council members,City Manager Peter Zanoni,City Attorney Miles K. Risley,
Chief Financial Officer(CFO)Constance Sanchez and Homeless&Housing
Administrator Barton Bailey discussed the following topics: if adjustments can
be made to this Item by Council and what changes would necessitate the Item
being reconsidered by the Corpus Christi B Corporation(CCBC); if increases or
decreases in the dollar amount of the Item may be made by Council; how the
amount being recommended in this Item was established with respect to the
Corpus Christi Business and Job Development Corporation(CCBJDC)policy
relating to affordable housing;the City's first-time home buyer program;the
funding source(s)for this Item; CCBC guidelines for this type of Item;the
difference between the City's first-time homebuyer program and its affordable
housing program; reasons for having transitioned from the collection of Type A
to Type B taxes;various Type A-funded affordable housing programs and
associated funding levels;the sufficiency of funding available for the first-time
homebuyer program;setting a precedent with the high per-unit funding
amount recommended in this Item; a council member alleging a perception of
a conflict of interest related to a member of the CCBC in relation to this Item;
the history of the first-time homebuyer program;the impact of banks'lending
requirements on changes previously made to the amount available through the
first-time homebuyer program;the significance of the cost of land to
developments;affordable land in City Council District 3(District 3);the
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consequences of this project's cost on currently affordable land prices in
District 3;why single-family homes are not being built in District 3;the return
on investment associated with this Item;state funding of affordable housing
developments; if this large of a subsidy has ever been approved by the City
before;the CCBC's$500,000 per year limit toward affordable housing and
associated reasons for being able to spend more than that amount due to
unspent monies having been rolled over from previous years;the status of the
Community Development Corporation of Brownsville's affordable housing
project on former park land in Corpus Christi;a request from a council member
for legal clarification on the City's ability to expend monies in excess of the
CCBC's$500,000 per year limit toward affordable housing;the consistency of
accumulating funds over years and expending those accumulated funds in a
single year;why Type A funds are not being utilized for this Item;a history of
the CCBJDC's funding of past projects;first-time home buyers'ability to
purchase a home, but concern regarding their ability to pay for the ongoing
expenses associated with home ownership;the importance of reviewing
first-time home buyers'debt-to-income ratio; difficulties associated with
qualifying individuals for the first-time homebuyer program;and perceptions
regarding this Item.
Council Member Barrera made a motion to approve the ordinance,seconded
by Council Member Smith.
Council members,City Manager Zanoni,City Attorney Risley,CFO Sanchez
and Administrator Bailey discussed the following topics: the impact on the
proposed project of not approving this Item;a council member's experience in
residential lending; individual versus household income-to-debt ratio;the
reasons the City modified the amount offered through the City's first-time
homebuyer program from$20,000 to$10,000 per homebuyer;the number of
first-time homebuyers assisted at the$10,000 level per homebuyer versus the
number of applicants;actual cost to build versus soft costs related to this Item;
if the CCBC should review soft project costs;that the source of state funding for
this proposed project is related to one-time Hurricane Harvey-related funding
through the Texas General Land Office(GLO);and the long-term value of this
project.
A council member and Ray Lucas with TG 110 Village at Greenwood GP, LLC
disussed the following topics: time constraints associated with the$8.1 million
in funding from the GLO;that the developer must close by May 15,2020;that
cost overruns are covered by the developer whereas cost savings are realized
by the City via a contractual claw back provision;the work that needs to be
completed before May 15,2020;the requirement for the developer to provide
cost certifications to the State of Texas; and the approval process for draws
during the proposed project.
Council members,CFO Sanchez and Director Bentancourt discussed the
following topics: the one-time nature of the$8.1 million in state funding with
respect to setting a precedent related to cost per unit; comparable property
values;the history of the subject land; recently approved projects in
comparison to this Item, using Type B monies for home ownership versus
rental properties;a council member's request that the City Manager schedule a
workshop on housing tax credits and affordable housing;safeguarding Type B
funding; revitalization and infill development;the economic impact of projects
in the area;and the benefits of affordable housing projects.
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Mayor McComb called for comments from the public. Gloria Scott,4422 S.
Alameda St., recommended that the Council attend a workshop on affordable
housing before making a decision on this Item.
A council member,Assistant City Attorney Aimee Alcorn Reed and CFO
Sanchez discussed if the City's financial advisor had been consulted regarding
this Item.
This Ordinance was passed second reading and approved with the following
vote:
Aye: 6- Mayor McComb, Council Member Barrera, Council Member Hunter, Council
Member Molina, Council Member Roy and Council Member Smith
Nay: 3- Council Member Garza, Council Member Guajardo and Council Member
Hernandez
Abstained: 0
Enactment No: 032025
8. Ordinance authorizing a purchase from Twincrest Technologies, of Fort
Worth, Texas for the Wavetronix Radar Detection System for a total
amount of$1,102,665 for Public Works/Street Operations Department to
be used for traffic signal vehicle detection and funded by the Streets
Fund; and amending the budget to appropriate $1,102,665 in Street
Operation Reserves.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:032026
Consent-Contracts and Procurement
9. Motion authorizing an amendment to Supply Agreement No. 1903 with
Chemtrade Chemicals US, LLC., of Parsippany, New Jersey for an
additional 36-month term for an amount not to exceed to $5,185,200.00,
allowing a price reduction per wet ton for a cost savings of$2,536,746.00
over three years for the purchase of liquid aluminum sulfate for the water
treatment process at the O.N. Stevens Water Treatment Plant with
funding in the amount of$1,113,600.00 made available in the FY 2020
Water Fund.
Mayor McComb referred to Item 9.
Council members and Director of Water Utilities Kevin Norton and Director of
Contracts and Procurement Kim Baker discussed the following topics: a
multi-year discount;the term of the original agreement; if the vendor is the
only vendor that provides the product;expanding the existing agreement
versus bidding out liquid aluminum sulfate; and the reasons to anticipate
savings from this item in the coming years.
There were no comments from the public.
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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: 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
Enactment No: M2020-050
Consent-Capital Projects
10. Motion to award a contract to Bath Engineering for engineering design
services for mechanical, electrical, and plumbing (MEP) upgrades at the
Frost Bank building in the amount of$63,180 for the Fire Headquarters
and Emergency Operations Center project, located in Council District 1,
work beginning upon issuance of notice to proceed, and funding is
available from Bond 2018 Public Safety Improvement funds.
This Motion was passed on the consent agenda.
Enactment No: M2020-051
11. Motion approving Amendment No.1 to a contract with Bath Engineering
for design, bid and construction phase services for the Museum of
Science & History mechanical improvements, in the amount of$26,415
for a total restated contract amount of$63,645, located in City Council
District 1, effective upon notice to proceed, with funding approved and
available from Bond 2018 Libraries and Cultural Facilities.
This Motion was passed on the consent agenda.
Enactment No: M2020-052
General Consent Items
12. Resolution authorizing an interlocal agreement with the Texas
Department of Public Safety for the Failure to Appear Program which
denies the renewal of a driver's license of a person who fails to appear in
Municipal Court for a complaint or citation or fails to pay or satisfy a
judgment.
This Resolution was passed on the consent agenda.
Enactment No:032027
13. Resolution nominating Flint Hills Resources Corpus Christi, LLC to the
Office of the Governor Economic Development &Tourism through the
Economic Development Bank as a single enterprise project pursuant to
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the Texas Enterprise Zone Act.
This Resolution was passed on the consent agenda.
Enactment No:032028
P. FIRST READING ORDINANCES: (ITEM 18)
18. Ordinance approving a five-year Business Incentive Agreement between
the Type B Corporation and LiftFund Inc. in the amount of$100,000 for
the Dream Makers Fund, a revolving loan fund for small businesses within
the city limits of Corpus Christi, effective upon signature of the City
Manager or designee; appropriating funds in the amount of$100,000
from the Type B Economic Development Fund; and amending the
budget.
Mayor McComb referred to Item 18.
Chief Operating Officer of the Corpus Christi Economic Development
Corporation Mike Culbertson stated that the purpose of this Item is to consider
an agreement with LiftFund,Inc. in the amount of$100,000 for seed money for
a revolving loan to be loaned to small businesses;that defaults on loans will
be made up by LiftFund,Inc.;other cities in Texas that utilize this type of
initiative;the history of approval related to this Item;and the percent of the
U.S.economy that is comprised of small businesses.
Council members and Mr.Culbertson discussed the following topics: the
benefits of the program; a council member's personal experience with the
program;and monies spent by LiftFund,Inc.on consultants.
There were no comments from the public.
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
Enactment No: 032033
S. EXECUTIVE SESSION: (ITEM 21)
Mayor McComb deviated from the agenda and referred to Executive Session
Item 21. City Secretary Rebecca L.Huerta announced that Council Member
Smith was recusing himself from Executive Session 21. The Council went into
executive session at 2:04 p.m.The Council returned from executive session at
2:57 p.m.
21. Executive session pursuant to Texas Government Code 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
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consult with attorneys concerning potential litigation between Valero
Refining -Texas, L.P. and other similarly situated commercial property
and Nueces County Appraisal District, Corpus Christi ISD, City of Corpus
Christi, County of Nueces, Del Mar College, and Nueces County Hospital
District related to value or appraised value of Valero property in Nueces
County for tax years 2018, 2019, and 2020.
This E-Session Item was discussed in executive session.
M. RECESS FOR LUNCH
The recess for lunch was held during Executive Session Item 21.
N. PUBLIC HEARINGS: (NONE)
O. REGULAR AGENDA: (NONE)
P. FIRST READING ORDINANCES: (ITEMS 14 - 17)
14. Ordinance accepting a grant in the amount of$10,000 from The Hartford
to be used to support fire safety education efforts and programming; and
appropriating the funds into the FY2020 Fire Grant Fund.
Mayor McComb referred to Item 14.
Fire Chief Robert Rocha stated that the purpose of this Item is to accept a grant
in the amount of$10,000 from The Hartford to be used to support fire safety
education efforts and programming;and appropriating the funds into the
FY2020 Fire Grant Fund.
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 Hunter, Council Member Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Hernandez
Abstained: 0
Enactment No:032029
15. Ordinance authorizing acceptance of a grant from the Texas Division of
Emergency Management in the amount of$54,887.82 for the 2019
Emergency Management Performance Grant with a City cash match of
$54,887.82 from the FY2020 Emergency Management General Fund;
and appropriating $54,887.82 in the FY2020 Emergency Management
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Grants Fund.
Mayor McComb referred to Item 15.
Fire Chief Robert Rocha stated that the purpose of this Item is to authorize
acceptance of a grant from the Texas Division of Emergency Management in
the amount of$54,887.82 for the 2019 Emergency Management Performance
Grant with a City cash match of$54,887.82 from the FY2020 Emergency
Management General Fund;and appropriating$54,887.82 in the FY2020
Emergency Management Grants Fund.
There were no comments from the Council or the public.
Council Member Molina made a motion to approve the ordinance,seconded
by Council Member Hunter. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo,Council Member Hunter, Council Member Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Hernandez
Abstained: 0
Enactment No: 032030
16. Ordinance accepting a $180,000 donation for the Games of Texas from
the P.A.L.S. Fund (Parks, Arts, Leisure and Seniors Fund), a Texas
nonprofit corporation; and appropriating in the General Fund.
Mayor McComb referred to Item 16.
There were no comments from the Council or the public.
Council Member Barrera 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: 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
Enactment No:032031
17. Ordinance amending City Code of Ordinances, Chapter 12, Section
12-10, establishing a 200-foot restricted zone as required by Texas
Commission on Environmental Quality through Texas Administrative
Code Title 30 Chapter 290, Section 290.41(e) (2) (C) at the City's raw
water intake on the Nueces River; and providing penalties.
Mayor McComb referred to Item 17.
In response to a council member's question,City Manager Peter Zanoni stated
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that the State of Texas is allowing the City to impose a 200-foot restricted zone
at the City's raw water intake on the Nueces River, in lieu of the City having to
purchase property necessary for same.
Council Member Hunter made a motion to approve the ordinance,seconded by
Council Member Roy.
In response to a council member's question,Director Norton discussed the
proximity of this restriction zone to the location at which the City of Robstown,
Texas draw their water.
There were no comments from the public.
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
Enactment No:032032
R. ELECTRICAL ADVISORY BOARD APPEAL(ITEM 20)
The Appeal will proceed using the following format:
20. City Council consideration of an appeal of Lamp Lighter Electrical
Contractor's six-month suspension of City electrical registration by the
Corpus Christi Electrical Advisory Board on November 21, 2019
Mayor McComb referred to Item 20.
City Secretary Rebecca L.Huerta stated that electricians and electrical
contractors are required to have a City Electrical Registration to operate within
the City limits;the Corpus Christi Code also authorizes the Electrical Advisory
Board to suspend or revoke such registration for misconduct in the
performance of electrical work within the jurisdiction of the city;any such
revocation or suspension may be appealed to City Council;this is an appeal of
the Electrical Advisory Board's Suspension of City Electrician's Registration for
Lamp Lighter Electrical Contractor; City Council will be evaluating the
transcript of the Electrical Advisory Board's Suspension Hearing and arguments
made at today's appeal;the appeal will proceed with Statement of Facts,
followed by Appellant's Oral Presentation and City Staffs response;each
section will be limited to 3 minutes;after the City Staffs Response,City Council
may deliberate.
a.Statement of Facts. Assistant City Attorney Buck Brice presented the
following statement of facts: on August 14,2019,City Inspector Ruben
Hernandez observed unlicensed individuals performing electrical work on site
at 6633 Evans Drive;on August 28,2019,City Inspector Ruben Hernandez
observed electrical work in progress at 6901 New York Drive by an unlicensed
electrician on site; on October 1,2019,City Inspector Richard Rios witnessed
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an unlicensed individual working on the building's electrical system at 1517
Westridge Boulevard; on October 17,2019,the Electrical Advisory Board
(Board)voted to hear the violations alleged against Lamp Lighter Electrical
Contractor;on October 21,2019, Notice of Hearing was sent by certified mail;
on November 21,2019,the Board held a hearing for the violations alleged
against Lamp Lighter Electrical Contractor with Lamp Lighter Electrical
Contractor present; Pursuant to Section 14-206 of the Corpus Christi Code,the
Board found Lamp Lighter Electrical contractor guilty of gross negligence,
incompetency,or misconduct in the performance of electrical work on three
occasions;the Board suspended Lamp Lighter Electrical Contractor's Electrical
Registration for a term of 6 months; on December 11,2019,Lamp Lighter
Electrical Contractor filed an appeal of Electrician's Registration suspension;
the suspension is stayed for the appeal;City staff supports the decision of the
Board;the use of unlicensed and/or unsupervised electrical workers is a
violation of the Texas Department of Licensing&Regulations and the City of
Corpus Christi regulations,creates an unacceptable safety risk to building
occupants and the public; creates an unfair business advantage over a
company operating in accordance with the rules;and City Council may deny
the appeal,modify the Board's decision or reverse the Board's decision. City
staff supports denial of the appeal.
b.Appellant's Oral Presentation of Written Notice of Appeal. Gabriel Oliva,on
behalf of Gamaliel Oliva,stated that: he,Gabriel Oliva,was out of the country
when the Board held its hearing; he,Gabriel Oliva,was in charge of some of
the jobs;at the school of science and technology,there were some unlicensed
individuals working on the job site;at the suggestion of the superintendent to
try to meet the deadlines for the 800 students that were going to be starting
school,the project got started three months late; 3 individuals who were not
licensed,were hired to help transport light fixtures,trash, ladders and
scaffolding,jobs that did not require an electrician; if the 3 individuals were
deducted,there were 2 journeymen and 6 apprentices present at the job site,
which is a ratio of 1 journeyman to 3 apprentices; but the 3 additional workers
made it to where it was more than the ratio;all employees and subcontractors
are currently licensed;the new policy is that every three months licenses are
checked;they no longer hire unlicensed workers,whether they are cleaning,
disposing of trash,etc.;and they have adopted better practices within the
business to help communicate more efficiently with the inspectors.
Council members,Gabriel Oliva and Building Official Gene Delauro discussed
the following topics: that 3 workers without licenses were the cleaning crew;
the number of journeymen and apprentices with active licenses;discrepancies
between the transcript of the Board meeting and statements made by the
appellant today;that 4029 Redwood St. is Gamaliel Oliva's address;that
Gamaliel Oliva did not receive the certified letter sent to him by the City in
October 2019 because he was out of the country;that the 3 helpers were part of
the 11 total workers;the required ratio of licensed electricians to journeymen
electricians; if members of a cleaning crew are required to be licensed;that
only 3 individuals could produce a license; if an individual named, "Juan
Garcia"was an employee of Lamp Lighter Electrical Contactor and if he was
being supervised by an individual with an appropriate license;the prevalence
of electrical contractors having an inactive license or not being licensed;the
frequency with which the City conducts license checks in the field;
Development Services'stepped up enforcement of in-field license checks; if
Development Services notifies contractors that license checks are going to be
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performed,before they are performed;and electrical contractors lodging
complaints about other electrical contractors' use of unlicensed electrical
workers.
Gabriel Oliva stated that the State of Texas was not taking any
licensure-related action against Lamp Lighter Electric Contractor at this time;
that this is the first such incident in Lamp Lighter Electric Contractor's history of
being in business since 1981; and the severity of the penalty imposed by the
Board for a first-time offense.
Council members, Building Official Gene Delauro and Assistant City Attorney
Buck Brice discussed the following topics: if the City routinely checks licenses
of workers on site;that the purpose of Development Services' inspections is to
inspect electrical work; if Development Services makes unannounced visits to
job sites;the last time a complaint was filed with the Board that resulted in this
outcome;that additional suspensions are forthcoming;the City's need for
consistent enforcement efforts;clarification regarding the types of licenses
required for individuals on job sites;the need for regular enforcement by the
City; if lifting the suspension,but imposing probation for Lamp Lighter
Electrical Contractor was an option;that all of Lamp Lighter Electrical
Contractor's workers' licenses are currently active; if the City's process allows
for hardships regarding Board hearings in relation to a death in the family of a
contractor,as was the case in this instance; if the electricians on Lamp Lighter
Electrical Contractor jobs knew that Development Services was scheduled to
perform an inspection;that sanctions imposed by the Board are at the Board's
discretion; reasons for the Board's issuance of a six-month suspension in
relation to multiple violations at multiple job sites over multiple days;and
options available to Council.
c. City Staff Response. Building Official Delauro presented information on the
following topics: the composition of the Board;and contractors' heightened
awareness regarding the requirement for proper and active licensure.
d. Council Action. Council member and Building Official Delauro discussed
the following topics: reasons the Board decided on the six-month suspension;
administrative penalties available to the Texas Department of Licensing and
Regulation;if the City is subject to legal liability if the City Council were to
reverse the Board's decision;that Electrical Lamp Lighter Contractor has
served 20 days of the six-month suspension;various concerns expressed to a
council member by electrical contractors;and that the City should enforce
regulations relating to contractor licensure.
Council Member Smith made a motion to amend the Corpus Christi Electrical
Advisory Board's six-month suspension of Lamp Lighter Electrical Contractor's
electrical registration to a suspension of 20 days,retroactive to the 20-day
suspension already served by Lamp Lighter Electrical Contractor,seconded by
Council Member Hunter.
Council members and Building Official Delauro discussed the following topics:
the number of Lamp Lighter Electrical Contractor's employees on-site who had
an active license and the number of employees who were required to have a
license; if particular individuals were employees of Lamp Lighter Electrical
Contractor; if a member of the Board should have recused himself from the
Board's vote to suspend Lamp Lighter Electrical Contractor's City electrical
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registration;the reasonableness of the Board's six-month suspension;
amending the Board's decision to the 20-day suspension already served and
the imposition of six months of probation; modifying the controlling ordinance
to include probation as an option for future cases;willful noncompliance with
regulations;the consequences of noncompliance; reasons some companies do
not comply with regulations;the public's awareness of the City's enforcement
efforts relating to licensure requirements; implementing a stair-step procedure
for first,second and third violations versus the imposition of an arbitrary
punishment by the Board;that the suspension of Lamp Lighter Electrical
Contractor's electrical registration only affected their ability to pull new
permits and that they continued work in progress during the 20-day suspension;
a contactor's ability to work outside the city limits of Corpus Christi while
suspended;that Lamp Lighter Electrical Contractor had to pass on new
electrical work during the 20-day suspension;that the suspension was stayed
beginning when Lamp Lighter Electrical Contractor filed its appeal of the
Board's decision;the number of permits Lamp Lighter Electrical Contractor
now has open;and the average length of time of a residential and commercial
job.
There were no comments from the public.
This motion was passed and approved by the following vote:
Aye: 7- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo,Council Member Hunter, Council Member Roy and
Council Member Smith
Nay: 2- Council Member Hernandez and Council Member Molina
Abstained: 0
Enactment No: M2020-053
T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
Mayor McComb referred to Identify Council Future Agenda Items.
Council members discussed the following items: a request from a council
member to have a workshop on affordable housing and housing tax credits;
and the inclusion of probation and a tiered structure for addressing violations
relating to the City's electrical code, in relation to Item 20 in this agenda.
U. ADJOURNMENT
The meeting was adjourned at 4:16 p.m.
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