HomeMy WebLinkAboutMinutes City Council - 10/11/2022I 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 October 11, 2022 which
were approved by the City Council on October 18, 2022.
WITNESSETH MY HAND AND SEAL, on this the 18th day of October 2022.
(S E A L)
Re secca 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, October 11, 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 11:40 a.m.
B. Invocation to be given by Pastor Rob Bailey, Southside Community Church.
Pastor Rob Bailey, Southside Community Church, gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Isabel Martinez, Senior at Foy H. Moody High School.
Isabel Martinez, Senior at Foy H. Moody 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.
City Secretary Rebecca Huerta called the roll and verified that a quorum of the City
Council and the required Charter Officers were present to conduct the meeting.
Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City
Secretary Rebecca Huerta
Note: Council Member Hernandez attended by video conference. Council Member
Hunter left at 1:30 p.m. and returned at 2:06 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.
1. 22-1743 Stage 1 Drought Restrictions Update
City Manager Peter Zanoni stated that the City is still in stage 1 drought restrictions and
enforcements are still in place. The two reservoirs have not reached 50% capacity.
There is no significant rainfall expected for the next three months.
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Council Members, City Manager Zanoni, and Chief Operations Officer of Corpus Christi
Water Michael Murphy discussed the following topics: per city ordinance, water
restrictions can be exempted for landscaping and tree planting in new developments; the
Corpus Christi Water and Parks and Recreation departments are collaborating on a plan
to allow residents to purchase effluent at $1 per 1000 gallons; in response to a Council
Member's concern about the water usage at car washes, staff reported most car washes
recycle their water; car washes use less water than washing cars at home; an update on
the Mary Rhodes pipeline, including capacity and how the city is managing water; the City
will be evaluating the Mary Rhodes Pipeline this year in terms of system integrity and
maintenance needs; the City's desalination water rights permit was recently approved by
the Texas Commission on Environmental Quality (TCEQ); the City's desalination
discharge permit was submitted over two years ago, so staff is hopeful that the permit will
be considered by TCEQ in early 2023; in the meantime, staff is still pursuing additional
water sources such as aquifer storage and recovery (ASR), effluent and water
conservation; and staff thanked the local state delegation for their efforts in placing the
city's discharge permit on the TCEQ's docket.
2. 22-1744 Recognition of Process Improvement Team - Six Sigma Yellow Belt Certification
City Manager Peter Zanoni recognized City staff who completed the Six Sigma Yellow
Belt Certification, a professional development training.
Organizational Development Manager with Human Resources Department Scott Greene
recognized the Process Improvement Team who worked extra hours and accomplished
goals. He presented information on the following topics: cohort -1; next steps -move to
green belt certification; and cohort -2.
3. 22-1745 61st Annual Texas Jazz Festival
City Manager Peter Zanoni announced the 61st annual Texas Jazz Festival would be held
on October 14-16, 2022 at Heritage Park. This is the largest jazz festival in the country
with free admission. The itinerary can be found on the website at www.texasjazz-fest.org.
4. 22-1746 Recognition of Breast Cancer Awareness Month
In recognition of Breast Cancer Awareness Month, City Manager Zanoni highlighted two
programs as follows: onsite mobile mammogram screenings will be provided to
participants in city's health plan October 18 - 20 at various city facilities; and the Real
Men Wear Pink initiative.
F. PUBLIC COMMENT
Mayor Guajardo opened the public comment period at 12 p.m.
Ted Mandel, 15306 Key Largo Court, thanked Council Member Smith for his service,
spoke regarding a second bridge to the Island, and promoted the Corpus Christi
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Airport's Fly Local initiative, which could result in new air service opportunities for the city
if more citizens participate.
Shirin Delsooz, 6030 Tapestry Dr., spoke regarding protected bike paths in Corpus
Christi.
G. BOARD & COMMITTEE APPOINTMENTS: (NONE)
I. CONSENT AGENDA: (ITEMS 5 - 18)
Approval of the Consent Agenda
Mayor Guajardo referred to the Consent Agenda. Council Members pulled items 11 and
17 for individual consideration.
A motion was made by Council Member Molina, seconded by Council Member Barrera
to approve the Consent Agenda with the exception of Items 11 and 17. 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
5. 22-1736 Approval of the September 20, 2022 Regular Meeting Minutes
The Minutes were approved on the consent agenda.
Consent - Second Reading Ordinances
6. 22-1490 Case No. 0822-02 Corpus Christi Capital Group, LLC (District 1): Ordinance
rezoning property at or near 6255 Interstate Highway 37, located along the east
side of Corn Products Road, south of Interstate Highway 37, and north of Leopard
Street from the "CG -2" General Commercial District to the "CG-2/SP" General
Commercial District with a Special Permit. (Planning Commission and Staff
recommended approval of the zoning change from the "CG -2" General
Commercial District to the "CG-2/SP" General Commercial District with a
Special Permit)(Requires 2/3 Vote)
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032878
7. 22-1436 Ordinance authorizing a Wastewater Line License Agreement with NVA
Doddridge Veterinary Management, Inc, ("Licensee") to install a private
wastewater force main system through City property and easements for
development of proposed Veterinary Clinic (Requires 2/3 Vote)
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This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032879
8. 22-1387 Ordinance authorizing a Wastewater Line License Agreement with VLM
Greenwood, LLC, ("Permittee") to install a private wastewater collection system
through a public drainage easement for development of proposed
office/warehouse project.(Requires 2/3 Vote)
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032880
9. 22-1477 Ordinance authorizing the acceptance of a grant from the Coastal Bend Regional
Advisory Council in the amount of $6,011.00 to purchase Emergency Medical
Services supplies and equipment for the Corpus Christi Fire Departments'
Emergency Medical Services operations; and appropriating $6,011.00 into the
Ambulance Grant Fund. (Requires 2/3 Vote)
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032881
10. 22-1519 Ordinance authorizing acceptance of a grant from the State Farm Good
Neighbor Program in the amount of $5,000.00 for the purchase of educational
and preventative safety supplies for the Corpus Christi Fire Department's Fire
Prevention Education Program; and appropriating $5,000.00 in the Fire Grants
Fund. (Requires 2/3 Vote)
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032882
11. 22-1572 Ordinance authorizing execution of all documents necessary to accept, amend,
and appropriate an Emergency Connectivity Fund Grant from the Federal
Communications Commission for FY2022-FY2023; appropriating $2,450,000
into the Library Grant Fund to provide hot spot devices for qualifying persons in
the City of Corpus Christi; authorizing the City Manager or his designee to
execute a contract with T -Mobile USA, Inc. to provide the wireless service plans
and hot spot devices.(Requires 2/3 Vote)
Mayor Guajardo referred to Item 11.
Council Member Smith said he pulled the item because it is good news.
Assistant Director of Library Technology Alan Carlos said the 5,000 hot spots will be
distributed to the community for educational purposes and opportunities for the
workforce.
Council Member Smith made a motion to approve the ordinance, seconded by Council
Member Barrera. This Ordinance was passed on second reading and approved with the
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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: 032883
12. 22-1582 Ordinance appropriating $125,000 from an increase in the Infectious Disease
Prevention and Control Unit-COVID (IDCU-COVID) Grant Program administered
by the Department of State Health Services (DSHS) for the period September 1,
2022, through August 31, 2024 for activities to provide COVID-19 epidemiologic
and surveillance response activities and laboratory response network activities;
and amending the operating budget.(Requires 2/3 Vote)
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032884
13. 22-1596 Ordinance appropriating $24,100 from an increase in the Women, Infant and
Children's Nutrition Program (WIC) grant for the period of October 1, 2021,
through September 30, 2022; and amending the operating budget.(Requires 2/3
Vote)
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032885
Consent - Contracts and Procurement
14. 22-1435 Resolution authorizing a five-year service agreement with Rotork Controls, Inc.,
of Houston, for the purchase of six replacement actuators, preventative
maintenance, repairs, and parts for various wastewater treatment plants, in an
amount not to exceed $221,468.96, with FY 2023 funding of $89,291.10 from
the Wastewater Fund.(Requires 2/3 Vote)
This Resolution was passed on the consent agenda.
Enactment No: 032886
15. 22-1563 Motion authorizing the purchase of one mobile Turbo Blower with Controls
Assembly from Lone Star Blower of Houston, for an amount not to exceed
$84,900.00, for Corpus Christi Water, with FY 2023 funding from the
Wastewater Fund. (Requires 2/3 Vote)
This Motion was passed on the consent agenda.
Enactment No: M2022-152
Consent - Capital Projects
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16. 22-1653 Motion awarding a construction contract to JE Construction Services, LLC.,
Corpus Christi, Texas, for reconstruction of Wooldridge Road from Everhart
Road to Cascade Drive with new asphalt pavement and utility improvements, a
Bond 2018 project located in Council District 5, in an amount of $2,532,046.00
with FY 2023 funding available from the Bond 2018 Proposition A, Storm Water,
and Water Capital Funds.(Requires 2/3 Vote)
This Motion was passed on the consent agenda.
Enactment No: M2022-153
17. 22-0541 Motion awarding a construction contract to South Texas Building Partners
(STBP) Inc., Corpus Christi, Texas, for the Art Center of Corpus Christi repairs
and improvements, in an amount of $2,268,872.00 with funding available from
the Type A/B Sales Tax Fund.(Requires 2/3 Vote)
Mayor Guajardo referred to Item 17.
Council Members, Director of Engineering Services Jeff Edmonds, and City Manager
Peter Zanoni discussed the following topics: the scope of the project was to evaluate the
building for structural deficiencies; Council Members reported additional concerns such
as the lack of electrical plug -ins for food trucks and a malfunctioning speaker system, and
the lack of a tenant for the onsite restaurant; the leadership team is developing a Master
Plan for the Art Center and could incorporate improvements into the next bond program;
in response to a Council Member's concern about spending $2M on this project, staff
stated the city owns the building and needs to protect its asset, the improvements are
being funded out of the seawall sales tax; portions of the roof will be replaced as well; and
Council requested an update on the Art Center from the executive director/board.
Council Member Pusley made a motion to approve the motion, seconded by Council
Member Lerma. 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: M2022-154
General Consent Items
18. 22-1729 Resolution authorizing the submission of a grant application for planning
services through the use of funding under the U.S. Department of Transportation
Reconnecting Communities Pilot (RCP) Grant Program in an amount of up to
$2,000,000 and a City cash match of up to $400,000.
This Resolution was passed on the consent agenda.
Enactment No: 032887
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J. RECESS FOR LUNCH
Mayor Guajardo recessed the Council meeting for lunch at 1:34 p.m. Executive Session
Items 26 and 27 were held during the lunch recess. Mayor Guajardo reconvened the
meeting at 2:27 p.m.
K. PUBLIC HEARINGS: (ITEMS 19 - 20)
19. 22-1489 Case No. 0622-02, Diamond Beach Holdings (District 4): Ordinance rezoning
property at or near 14353 Commodores Drive, located along the south side of
Commodores Drive, north of Whitecap Boulevard, and west of South Padre
Island Drive from the "RS -4.5 Single -Family 4.5 District, "RS -6" Single -Family 6
District, "CR -2" Resort Commercial District to the "RS-4.5/PUD" Single -Family
.4.5 District with a Planned Unit Development Overlay; Providing for a penalty not
to exceed $2,000 and publication. (Planning Commission and Staff
recommended approval)(Requires 2/3 Vote)
Mayor Guajardo referred to Item 19.
Assistant Director of Development Services Nina Nixon -Mendez presented information
on the following topics: zoning and land use; master site plan; proposed development
overview; parks and open space plan; phasing plan; short-term rentals map; PUD
sectors; sector plan; Sector 1 PUD deviations; Sector 2 PUD deviations; Sector 3 PUD
deviations; roadway plan overview; roadway type 1; roadway type 2; roadway type 3;
roadway type 4; public notifications; and analysis and recommendation.
Council Members, Assistant Director Nixon -Mendez, and Vice President of LJA
Engineering Jeff Coym (representing the applicant) discussed the following topics:
approximately 632 single-family lots will be added; the traffic study was comparable to
the Schliterbahn traffic study; the developer is requesting that "define noise and visual
separation from proposed short-term rentals" be removed from the ordinance; there has
been public outreach with respect to this project; and the importance of providing
alternate routes off the Island; and the Metropolitan Planning Organization (MPO) is
planning projects to add two lanes to SH 361 and add an alternative bridge system.
Mayor Guajardo opened the public hearing.
Developer with Ashlar Development Company Steve Yetts stated that he is honored to
be a part of this project.
Mayor Guajardo closed the public hearing.
A Council Member and Mr. Yetts discussed the following topics: the amount of dirt that
will be moved is about one million yards for the canal construction, which is more than
halfway complete.
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Council Member Smith made a motion to approve the ordinance, seconded by Council
Member Barrera.
Council Member Pusley made a motion to amend the ordinance to remove "define noise
and visual separation from proposed short-term rentals" from Section 2, Subsection 1 of
the ordinance, seconded by Council Member Smith and passed unanimously.
Council Member Smith made a motion to approve the ordinance as amended, seconded
by Council Member Molina. This Ordinance was passed on first reading as amended
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
20. 22-1624 Case No. 0622-03 Amidon Holdings (District 4): Ordinance rezoning a property
at or near 2101 Laguna Shores Road, located along the east side of Laguna
Shores Road, and south of Lola Johnson Road from the "RS -6" Single -Family 6
District to the "CR -1" Resort Commercial District; Providing for a penalty not to
exceed $2,000 and publication. (Planning Commission and Staff recommend
approval)(Requires 2/3 Vote)
Mayor Guajardo referred to Item 20.
Assistant Director of Development Services Nina Nixon -Mendez presented information
on the following topics: site image; zoning and land use; public notification; analysis and
recommendation; and planning commission and staff recommend approval.
Mayor Guajardo opened the public hearing.
There were no comments from the Council or the public.
Mayor Guajardo closed the public hearing.
Council Member Smith 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 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
L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 21 - 22)
21. 22-1679 One -Reading Ordinance amending Chapter 14, Article V of the Code of
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Ordinances to adopt the following three items, the updated minimum National
Flood Insurance Program (NFIP) requirements; the new Flood Insurance Study
(FIS); and the new effective Flood Insurance Rate Maps (FIRMs).
Mayor Guajardo referred to Item 21.
Interim Director of Public Works Gabriel Hinojosa presented information on the following
topics: what is National Flood Insurance Program (NFIP); NFIP regulations; Corpus
Christi ordinance updates; FEMA Flood Insurance Rate Maps (FIRM) and Flood
Insurance Study (FIS) adoption; Community Rating System (CRS); flood insurance
policies; benefits of higher standards; garages; and staff recommends approval.
Council Members, Interim Director Hinojosa, Floodplain & Coastal Protection Manager
of Public Works Kathleen Chapa discussed the following topics: about 80% of the
community will be paying higher flood premiums; individuals who are under a federally
backed mortgage will now be mandated to purchase flood insurance; and approximately
688 citizens in Corpus Christi will be affected by this change.
Council Member Barrera made a motion to approve the ordinance, seconded by Council
Member Pusley. This Ordinance was passed on emergency and approved with the
following vote:
Aye: 7 - Mayor Guajardo, Council Member Barrera, Council Member Lerma, Council Member
Martinez, Council Member Molina, Council Member Pusley and Council Member Smith
Absent: 1 - Council Member Hunter
Abstained: 1 - Council Member Hernandez
Enactment No: 032888
22. 22-0957 Resolution awarding a construction contract to Clark Pipeline Services, LLC for
the reconstruction of Leopard Street from Crosstown Expressway to Palm Drive,
a Bond 2012 project located in Council District 1, with a 4 -lane roadway and a
partial continuous left turn lane with new asphalt pavement and utility
improvements in an amount of $7,829,874.22 with funding available from the
Street Bond 2012 and FY2023 Storm Water, Wastewater, Water and Gas, and
remaining amount to be budgeted in FY2023. (Requires 2/3 Vote)
Mayor Guajardo referred to Item 22.
Director of Engineering Services Jeff Edmonds stated that this item is awarding a
construction contract for one of the last remaining Bond 2012 projects. This project is on
hold due to the delay of the Harbor Bridge project. The City is partially certifying the funds
for this project with $1M shortfall. This project will take about 18 months or more to
complete.
Council Member Lerma made a motion to approve the resolution, seconded by Council
Member Pusley. This Resolution was passed and approved with the following vote:
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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
Enactment No: 032889
M. FIRST READING ORDINANCE: (ITEM 23)
23. 22-1717 Ordinance appointing Douglas K. DeFratus, William Holt Feemster, Mariana
Garza, and Mario A. Olivarez 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, as recommended by the Municipal Court
Committee.
Mayor Guajardo referred to Item 23.
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 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
N. BRIEFINGS: (ITEMS 24 - 25)
24. 22-1685 Council Update from Port Commissioner Appointees at approximately 1:00 PM.
Mayor Guajardo referred to Item 24.
Port Commissioner David Engel responded to Council Member's questions as follows:
the Port approves their budget in December; the Port budgeted just over $1M last year
for state and federal lobbyist; the Port will adopt a legislative agenda for 2023 at the next
commission meeting; the Port has a Memorandum of Understanding (MOU) with Howard
Energy; the Port's budget for land acquisitions last year was $80M; and the total number
of Port related jobs provided by Nueces County and San Patricio County is
approximately 90,000 to 100,000.
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Port Commissioner Gabe Guerra presented information on the following topics: Harbor
Island Desalination -permit status; La Quinta Desalination -permit status; and Corpus
Christi Ship Channel Improvement Project.
Council Members, Port Commissioners Engel and Guerra discussed the following
topics: the Port is working to address concerns raised by the Environmental Protection
Agency (EPA) regarding the Texas Commission on Environmental Quality (TCEQ)
process; and the Port currently has not done anything to work out the cost for the
desalination plant on Harbor Island.
25. 22-1730 Update on the Municipal Court Case Load Progress as presented to the City
Council Municipal Court Committee on September 29, 2022
Mayor Guajardo referred to Item 25.
Municipal Court Judge Jackie Del Llano Chapa and Director of Municipal Court Gilbert
Hernandez presented information on the following topics: briefing on status and
accomplishments; changes to ordinance violations; case scheduling; August case action;
September case action; filed cases vs. cases closed; changed to payment plans; warrant
resolution month; annual gross revenues; and annual net revenues.
Council Members, Judge Del Llano Chapa, and Director Hernandez discussed the
following topics: Council Members commended Judge Chapa and Director Hernandez
for their great work and successful changes; statistical information regarding violations by
corporations will be provided to Council; and the net revenue budget was exceeded by
over $2M.
O. EXECUTIVE SESSION: (ITEMS 26 - 27)
Mayor Guajardo referred to Executive Session Items 26 and 27. The Council went into
Executive Session at 1:34 p.m. The Council returned from Executive Session at 2:27
p.m.
26. 22-1727 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 Leopard Street and rules,
provisions, requirements, and programs of the Texas Department of
Transportation relating to the potential transfer of land and rights-of-way under
and adjacent said street to the City 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. See Item 22 for related action.
27. 22-1728 Executive Session pursuant to Texas Government Code § 551.071 and
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Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with
attorneys concerning legal issues related to the Municipal Court Judges and
Texas Government Code § 551.074 (personnel matters) to deliberate the
appointment, employment, evaluation, reassignment, or duties of a public officer
or employee (part-time Municipal Court Judges).
This E -Session Item was discussed in executive session. See Item 23 for related action.
P. ADJOURNMENT
There being no further business, Mayor Guajardo adjourned this meeting at 3:19 p.m.
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