HomeMy WebLinkAboutMinutes City Council - 09/13/2022I 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 September 13, 2022
which were approved by the City Council on September 20, 2022.
WITNESSETH MY HAND AND SEAL, on this the 20th day of September
2022.
(SEAL)
Rebecca Huerta
City Secretary
Corpus Christi, Texas
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
Meeting Minutes
City Council
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Tuesday, September 13, 2022
11:30 AM Council Chambers
Addendums may be added on Friday.
A. Mayor Paulette Guajardo to call the meeting to order.
Mayor Guajardo called the meeting to order at 11:38 a.m.
B. Invocation to be given by Pastor Rick Barrera, Believe Church.
Pastor Rick Barrera, Believe Church, gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag will be
led by Yvette Hazzard, Senior at Mary Carroll High School.
Yvette Hazzard, Senior at Mary Carroll High School, led the Pledge of Allegiance to the
Flag of the United States of America and to the Texas Flag.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
Assistant City Secretary Ruth Bocchino 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 Assistant
City Secretary Ruth Bocchino.
Note: Council Member Smith attended by video conference at 12:10 p.m. Council
Member Hunter arrived at 12:14 p.m.
Present: 9 - Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil
Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council
Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and
Council Member Greg Smith
E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS:
Mayor Guajardo referred to City Manager's comments.
a. Corpus Christi Metropolitan Planning Organization Update
Assistant City Manager Neiman Young presented information on the following topics:
summary; what is Metropolitan Planning Organization (MPO); and Unified Transportation
program projects.
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Council Members, Assistant City Manager Young, City Manager Peter Zanoni, and
Director of Planning Department Dan McGinn discussed the following topics: the
Regional Parkway did not receive funding in this ten year period; the MPO is meeting
with TxDOT about a corridor study for more pedestrian accessibility and to widen FM
624; and Council Members' requests for staff to work with TxDOT about better traffic
signals at FM 624.
b. Summer Season Review by Brett Oetting, President/CEO of Visit Corpus Christi
President/CEO of Visit Corpus Christi Brett Oetting presented information on the
following topics: Gulf Coast Capital; hotel occupancy tax trends; visitor sentiment survey;
where people stay; visitor sentiment varied by survey location; in state vs. out of state;
visitors from farther away stay longer; Texas markets travel in similarly sized parties; in
state visitation; out of state visitation; ads and summer visitors; in state vs. out of state;
visitor comments; summer campaign report, April -July 2022; 2021-2022 achievements;
less than 200 cities worldwide have the Destination Marketing Accreditation Program
(DMAP); 2022 awards; FY 2022-2023 strategy and goals; 2022-2023 media markets;
group incentive program; and overnight stays to sales tax retum on investment.
Council Members, City Manager Peter Zanoni, and Mr. Oetting discussed the following
topics: a Council Member's concern about the lack of signage for tourists; the lack of
restaurants and entertainment on the beach and T -Heads; a Council Member's request
for staff to put all presentations on the City's website; Visit Corpus Christi has a $2.7M
budget for marketing this year, which includes digital ads and advertisements; a Council
Member encourages staff to get with vendors about permitting and how to enhance
experience for visitors; the new Economic Development Department can look into
bringing businesses to the beaches; in response to a Council Member's concern about
the lack of cleanliness along the seawall, City Manager Zanoni stated that staff has
implemented larger trash cans and are pressure washing the seawall; and a Council
Member's desire to increase entertainment in downtown Corpus Christi and add more
trash receptacles.
c. Conquer the Coast 2022 on Saturday, September 17
City Manager Zanoni reported that Conquer the Coast 2022 will be held on Saturday,
September 17, 2022 at 7:15 a.m. City Manager Zanoni thanked all sponsors and stated
that funds raised will be used for education at Texas A&M Corpus Christi.
F. PUBLIC COMMENT
Mayor Guajardo opened the public comment period.
Jack Gordy, 4118 Bray Dr., spoke about the violation of state law regarding the price
increase of a DVD pertaining to a previous records request.
Christopher Phelan, 3806 Kingston Dr., spoke in opposition to desalination.
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The following citizen submitted a written public comment which is attached to the minutes:
Christopher Phelan, 3806 Kingston Dr.
G. BOARD & COMMITTEE APPOINTMENTS:
1. 22-1560 Coastal Bend Council of Governments (2 vacancies)
Corpus Christi Convention & Visitors Bureau (7 vacancies)
Ethics Commission (3 vacancies)
Watershore and Beach Advisory Committee (1 vacancy)
Mayor Guajardo referred to Item 1.
Coastal Bend Council of Governments:
Appointments: Neiman Young and Gabriel Hinojosa
Corpus Christi Convention and Visitors Bureau:
Reappointments: Sam Canavati, Gabriele Hilpold, Daniel Suckley, and Jennifer Vela
(At -Large)
Realignment: Sam Canavati from At Large to the Restaurant Industry
Appointments: Natalie Villarreral and Chris Hamilton (At Large)
Reinstatement: Richard Lomax (Restaurant)
Ethics Commission:
Appointments: Dane F. Fuller, Trevor H. Mauck, and Kent L. Teague
Watershore and Beach Advisory Committee:
Appointment: Philip J. Blackmar (At -Large Engineer)
I. CONSENT AGENDA: (ITEMS 2-12)
Approval of the Consent Agenda
Mayor Guajardo referred to the Consent Agenda and asked if a Council Member would
like to pull an item for individual consideration. No Items were pulled.
A motion was made by Council Member Pusley, seconded by Council Member Lerma to
approve the Consent Agenda. The motion carried by the following vote:
Aye:
9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina,
Council Member Pusley and Council Member Smith
Abstained: 0
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2. 22-1561 Approval of the August 25, 2022 Budget Workshop Minutes
The Minutes were approved on the consent agenda.
Consent - Second Reading Ordinances
3. 22-1119 Ordinance amending the FY 2021-22 Operating budget to appropriate
$2,000,000 of anticipated revenues and expenditures in the Fleet Maintenance
Fund due to increased fuel costs.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032860
Consent - Contracts and Procurement
4. 22-1353 Resolution authorizing a five-year lease -purchase agreement with Axon
Enterprise, Inc., of Scottsdale, Arizona, in the amount of $1,521,900.00 for the
purchase of 445 tasers, supplies, software licenses, and training for the Police
Department, with funding of $304,380.16 requested in the FY 2023 budget from
the Crime Control and Prevention District and Police Grants Fund.
This Resolution was passed on the consent agenda.
Enactment No: 032861
5. 22-1411 Motion authorizing a three-year service agreement with T7 Enterprises, LLC,
dba Reliable Tire Disposal, for the tire collection and recycling/disposal
services, in an amount not to exceed $202,500.00, with FY 2022 funding of
$5,625.00 from the General Fund.
This Motion was passed on the consent agenda.
Enactment No: M2022-137
6. 22-1564 Resolution authorizing the expenditure of additional funds in the amount of
$280,398.18 for the acquisition of 19 previously approved vehicles and
equipment for various departments, with FY 2022 funding of $59,065.00 for four
purchases and the balance of $221,333.18 for the remaining purchases and
lease -purchases from future FY 2023 funding, subject to appropriation.
This Resolution was passed on the consent agenda.
Enactment No: 032862
7. 22-1404 Resolution authorizing the acquisition of 15 vehicles and equipment by various
departments, of which five units will be outright purchases and 10 units will be
lease -purchases through JP Morgan, for an estimated total of $3,288,795.82,
with such items to be acquired in the manner, at the amounts, and from the
sources stated, with FY 2022 funding of $536,630.69 for the purchases and the
remaining balance of $2,752,165.13 for the lease -purchase items from future FY
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2023 funding, subject to appropriation.
This Resolution was passed on the consent agenda.
Enactment No: 032863
8. 22-1308 Motion authorizing a three-year service agreement with eLynx Technologies,
LLC, of Tulsa, Oklahoma, in an amount not to exceed $255,737.32 for the
purchase of a web -based Supervisory Control and Data Acquisition (SCADA)
system suite for Gas Operations, with FY 2022 funding from the Gas Fund.
This Motion was passed on the consent agenda.
Enactment No: M2022-138
9. 22-0617 Motion authorizing a two-year service agreement with Corpus Groundworks,
LLC, of Corpus Christi, for utility worksite restoration services at various
locations for Corpus Christi Water in an amount not to exceed $95,705.80, with
FY 2022 funding of $15,950.97 from the Water and Wastewater Funds.
This Motion was passed on the consent agenda.
Enactment No: M2022-139
Consent - Capital Projects
10. 22-1248 Motion awarding a construction contract to Viking Industrial Painting, Inc.,
Omaha, Nebraska, for Alameda & Gollihar Elevated Storage Tank
Rehabilitations in an amount of $2,072,640.00 located in City Council District 3
(Gollihar Elevated Storage Tank) and District 2 (Alameda Elevated Storage
Tank), with FY 2022 funding available from the Water Fund.
This Motion was passed on the consent agenda.
Enactment No: M2022-140
General Consent Items
11. 22-1421 Resolution authorizing payment of $1,003,635.42 for the annual renewal of
Excess Liability and Workers' Compensation policy through Broker of Record,
Carlisle Insurance Agency, for upcoming policy year October 1, 2022 -
September 30, 2023
This Resolution was passed on the consent agenda.
Enactment No: 032864
12. 22-1585 Motion authorizing an Addendum to the Agreement for the City -Operated
Corpus Christi-Nueces County Public Health District identifying Nueces County
membership contributions for FY 2022-2023 of $1,765,296 for Public Health
Services and $1,567,620 for 1115 Waiver services for a total contribution of
$3,332,916.
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This Motion was passed on the consent agenda.
Enactment No: M2022-141
J. RECESS FOR LUNCH
Mayor Guajardo recessed the Council meeting for lunch at 1:32 p.m. Executive Session
Items 20 and 21 were held during the lunch recess. Mayor Guajardo reconvened the
meeting at 3:04 p.m.
L. INDIVIDUAL CONSIDERATION ITEM: (ITEM 13)
13. 21-0770 Motion authorizing a professional services contract with Ardurra Group, Inc,
Corpus Christi, Texas, to provide design, bid, and construction phase services
for a new clarifier, odor control equipment, filter and chemical feed
improvements and drainage improvements at the Broadway Wastewater
Treatment Plant in an amount not to exceed $845,575.00, located in Council
District 1, with FY 2022 funding available from Wastewater Capital Fund.
Mayor Guajardo referred to Item 13.
There were no comments from the Council.
Council Member Hunter made a motion to approve the motion, seconded by Council
Member Pusley. This Motion was passed and approved with the following vote:
Aye:
9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina,
Council Member Pusley and Council Member Smith
Abstained: 0
Enactment No: M2022-142
M. FIRST READING ORDINANCES: (ITEMS 14 -17)
14. 22-1499 Ordinance authorizing acceptance of grant funds in an amount of $184,929.55
from the Texas Department of Transportation for the 2023 Comprehensive
Selective Traffic Enforcement Project for overtime for police officers to increase
traffic enforcement in the City, with a City match of $46,247.50 in fringe benefits
and fuel expenses, with funds available from the FY 2023 General Fund; and
appropriating $184,929.55 in the Police Grants Fund.
Mayor Guajardo referred to Item 14.
Mayor Guajardo opened public comment.
There were no comments from the Council or the public.
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Mayor Guajardo closed public comment.
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 Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina,
Council Member Pusley and Council Member Smith
Abstained: 0
15. 22-1236 Ordinance amending sections 57-231, "Denial, suspension and revocation of
permit -procedure, appeal"; 57-233, "Promulgation of wrecker regulations";
57-243, "Responding to calls"; and 57-249, "Maximum auto wrecker service and
storage fees" of the City Code and providing for severance, publication, and an
effective date of October 1, 2022.
Mayor Guajardo referred to Item 15.
Assistant Police Chief David Blackmon presented information on the following topics:
ordinance amendment; Section 57-231 denial, suspension and revocation of
permit -procedure, appeal; Section 57-233 promulgation of regulation; Section
57 -243 -responding to calls; Section 57-249 maximum auto wrecker service and storage
fees; Section 57-249 section b5 rotators; 57-249 c. daily storage fees; and staff
recommends approval.
Council Members, Assistant Police Chief Blackmon, Police Chief Mike Markle, City
Manager Peter Zanoni, Assistant City Attorney Gabriel Rodriguez, and City Attorney
Miles Risley discussed the following topics: this amendment would allow police officers
an opportunity to explore better options for efficiencies; the current ordinance restricts the
police department as the only party who could manage the wrecker company; the police
department is asking to explore modernization of active management of the wrecker
company; a third -party vendor would allow an officer to return to the streets and will
reduce the overall time that the officers have to wait for a wrecker on the roadway; and
the rotation list is not being eliminated by these changes.
Mayor Guajardo opened public comment.
John Bell, 555 N. Carancahua St., spoke on behalf of the wrecker companies. Mr. Bell
stated that they did not receive any notifications from the city and is asking Council to
delay this item to give them more time to look at better efficiencies.
Norma Rivera, 5033 Ambassador Rd., spoke in opposition to a third -party company.
Frank Martinez, 3449 Morgan Ave., spoke in opposition to a third -party company.
Vela Rivera, 3449 Morgan Ave., spoke in opposition to a third -party company.
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Irma Rivera, 3449 Morgan Ave., spoke in opposition to a third -party company.
Mayor Guajardo closed public comment.
Council Member Pusley made a motion to approve the ordinance, seconded by Council
Member Lerma. This Ordinance was passed on first reading and approved with the
following vote:
Aye:
8 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
Absent: 1 - Council Member Hunter
Abstained: 0
16. 22-1459 Ordinance appropriating $6,135 from the unreserved fund balance of the Type B
Economic Development Fund for board members to attend the Texas Municipal
League annual conference and amending the FY 2022 operating budget
adopted by Ordinance 032539 by increasing expenditures by $6,135.
Mayor Guajardo referred to Item 16.
Director of Finance and Procurement Heather Hurlbert stated that this item is to
appropriate funds from the fund balance for training requested by Type B Board
Members to attend the Texas Municipal League (TML) Conference.
Council Members, Director Hurlbert, and City Manager Peter Zanoni discussed the
following topics: there are no administrative costs within the budget to cover this training;
there is no economic development training at TML; staff does not recommend approval;
and TML will not benefit Type A or Type B Members.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Barrera made a motion to approve the ordinance, seconded by Council
Member Hunter. This Ordinance failed with the following vote:
Aye: 3 - Council Member Barrera, Council Member Hunter and Council Member Martinez
Nay: 6 - Mayor Guajardo, Council Member Hernandez, Council Member Lerma, Council Member
Molina, Council Member Pusley and Council Member Smith
Abstained: 0
17. 22-1559 Ordinance ratifying a grant contract with the Texas General Land Office (GLO) in
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the amount of $127,000 to collect and analyze recreational beach water samples
for the period of September 1, 2022, through August 31, 2023, appropriating
$127,000, amending the operating budget, and funding one grant position.
Mayor Guajardo referred to Item 17.
Mayor Guajardo opened public comment.
There were no comments from the Council or the public.
Mayor Guajardo closed public comment.
Council Member Barrera made a motion to approve the ordinance, seconded by Council
Member Pusley. This Ordinance was passed on first reading and approved with the
following vote:
Aye:
9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina,
Council Member Pusley and Council Member Smith
Abstained: 0
N. BRIEFINGS: (ITEM 18)
18. 22-1448 City of Corpus Christi - Council Chambers Modernization Project
Mayor Guajardo referred to Item 18.
Architectural Associate of Gignac Architect Nick Gignac presented information on the
following topics: City of Corpus Christi general scope of project; and proposed project
schedule.
Council Members, Mr. Gignac, City Manager Peter Zanoni, Director of Engineering
Services Jeff Edmonds, and Police Chief Mike Markle discussed the following topics:
council chambers has not been updated since the 1980's; the total project cost should not
exceed $500k; a Council Member's concern whether the quality of the new sound system
will suffice; a hearing loop is included in the scope of work; there will be no changes to
the HVAC system, other than modifying the ducts; the carpet on the walls will be replaced
with vinyl wall covering; audio/visual will be modernized; and the new construction will
maintain an adequate level of safety.
O. APPEALS OF A DECISION OF THE BUILDING STANDARDS BOARD: (ITEM 19)
19. 22-1463 Appeal of the Building Standards Board's order to demolish
dilapidated/substandard structures located at 625 Atlantic Street owned by
Armando B. De Los Santos and Amelia G. De Los Santos.
Mayor Guajardo referred to Item 19.
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City Attorney Miles Risley stated that this item was tabled from the last meeting. The
applicant has now turned in an amended timeline. Council will have the option of
upholding, overturning or amending the order.
City Manager Peter Zanoni stated that Mr. Michael De Los Santos prepared a repair
plan that includes a roof securement, fascia of the front of the house, and items to
cleanup. The roof timeline completion date is February 6-10, 2023, and the fascia
timeline completion date is January 9-13, 2023.
Staff prepared a resolution to uphold the Building Standards Board's order and modify it
to provide that Mr. De Los Santos has until February 18, 2023, to fully and completely
repair the roof, facade, all windows, front entrance, replace all rotten wood, and paint the
exterior on both buildings on the property.
Council Members, City Attomey Risley, and Mr. De Los Santos discussed the following
topics: a Council Member would like to give Mr. De Los Santos time to address the
issues of the property; a Council Member's request for Mr. De Los Santos to cleanup the
yard quickly; and in response to a Council Member's concem about the completion of the
roof, Mr. De Los Santos stated that the roof has been covered with plywood and tarp until
it can be replaced.
The following Resolution was considered:
"Resolution upholding and modifying the Building Standards Board's orders to demolish
dilapidated/substandard structures located at 625 Atlantic Street owned by Armando B.
De Los Santos and Amelia G. De Los Santos to suspend the demolition requirements of
said order until February 18, 2023, to allow completion of repairs to the exterior of the
buildings at said address and provide for demolition of said buildings if said repairs are
not completed"
Council Member Molina made a motion to approve the resolution, seconded by Council
Member Hernandez. The Resolution was passed and approved with the following vote:
Aye:
9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina,
Council Member Pusley and Council Member Smith
Abstained: 0
Enactment No: 032865
P. EXECUTIVE SESSION: (ITEMS 20 - 22)
Mayor Guajardo referred to Executive Session Items 20 and 21. The Council went into
Executive Session at 1:32 p.m. The Council returned from Executive Session at 3:04
p.m.
Mayor Guajardo referred to Executive Session Item 22. The Council went into Executive
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Session at 4:31 p.m. The Council returned from Executive Session at 5:29 p.m.
20. 22-1569 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 for desalination and water treatment, transmission,
and storage facilities, including areas at or near the (1) the Inner Harbor Ship
Channel Seawater Desalination Site at or in the vicinity of Nueces Bay Blvd,
Summers St., Palm Dr., John St., and Broadway Street, Nueces Bay Heights
Subdivision, Sunset Place Subdivision, and the Industrial Canal and (2) the La
Quinta Channel Seawater Desalination Site involving various properties
between Highway 361 and the La Quinta Ship Channel and areas in and
adjacent to said locations, (3) other water rights and contracts for the purchase
of water including, but not limited to, water related permits on or near the
Colorado River, Waldron Road, Laguna Madre, Oso Bay, and/or the Mary
Rhodes Pipeline (4) applications for water rights permits, discharge permits,
and other permits from the Texas Commission of Environmental Quality and/or
the U.S. Army Corps of Engineers 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 (water) 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.
21. 22-1570 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 contract(s) for the purchase of
management services and related services for the American Bank Center (ABC
Center) and Chapters 252 and 271 of the Texas Local Government Code.
This E -Session Item was discussed in executive session.
22. 22-1584 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 permitting, siting, land use, and
other legal issues for solid waste disposal, including composting and solid
waste transfer stations, and the purchase, exchange, lease, or value of real
property rights for property at, adjacent to, and/or in the vicinity of Holly Road and
Bush Street, the J.C. Elliott Transfer Station, and/or Greenwood Drive &
Highway 286 and Texas Government Code § 551.072 to discuss and
deliberate the potential purchase, exchange, and/or value of the aforementioned
areas 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.
This E -Session Item was discussed in executive session.
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Q. ADJOURNMENT
There being no further business, Mayor Guajardo adjourned this meeting at 5:30 p.m.
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Norma Duran
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To: CitySecretary; Norma Duran
Subject: [EXTERNAL]Public Input: 09-13-2022 - Christopher Phelan
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0 &Public Comment & Input Form
Date of Meeting 09-13-2022
Name Christopher Phelan
Address Street Address: 3806 Kingston Drive
City: Corpus Christi
State / Province: TX
Postal / Zip Code: 78415
Topic Desalination
Agenda Item Number 20.
Describe Feedback: Once again city council is going to go into executive
session to discuss behind closed doors the fate and
the future of our city. Desalination should have
been on the ballot but you are disingenuous in your
public reasoning for not putting the decision in our
hands because even while you claim the need and
the mandate to make this decision that will affect
generations you're continually punt your
responsibilities to City staff. We can see the choke
Canyon reservoir has not filled as it should have this
is Criminal. We have heard Ramos give either false
testimony in city council or your city manager lie in
session. You should appoint a member of For The
Greater good or somebody who had been tagged
for the People's Port to the Port Commission a body
that is rotten with ethics problems and refuses to
be administered as is set forth by the Texas
legislature. Once again I demand you bring that
1
Provide an email to
receive a copy of your
submission.
undemocratic unelected body to heel as they are
subservient to this body in law.
copanotexian@gmail.com
2