HomeMy WebLinkAboutMinutes City Council - 08/13/2024I 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 August 13, 2024 which
were approved by the City Council on August 20, 2024.
WITNESSETH MY HAND AND SEAL, on this the 20th day of August 2024.
(S E A L)
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
CityCi of Corpus Christi
p
Meeting Minutes
City Council
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Tuesday, August 13, 2024
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 11:33 a.m.
B. Invocation to be given by Pastor James Miller with Bridge of Life Church.
Pastor James Miller with Bridge of Life Church gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Luna Pinon, 3rd grader at Windsor Park Elementary.
Luna Pinon, third grader at Windsor Park Elementary, 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 Risley and City
Secretary Rebecca Huerta
Present: 9 - Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil
Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council
Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and
Council Member Sylvia Campos
E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1 - 2)
1. 24-1330 Introduction of Mike Walsh, P.E., TxDOT District Engineer - Corpus Christi
City Manager Peter Zanoni introduced TxDOT District Engineer -Corpus Christi, Mike
Walsh, P.E. Mr. Walsh has over 12 years of managing projects. He returned to
Corpus Christi in 2022 as the Deputy District Engineer and has been responsible for
traffic operations, constructions, and maintenance programs.
2. 24-1327 Update on City Pools and Splash Pads Season, and Gulf and Bay Beach
Lifeguard Schedule
City Manager Peter Zanoni gave an update on the City Pools and Splash Pads
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season and Gulf and Bay Beach Lifeguard schedule.
Director of Parks and Recreation Robert Dodd presented information on the following
topics: important dates; beach safety by the numbers; lifeguard program updates;
beach safety coordinator; beach rescue junior lifeguard camp; and upcoming PARD
events.
Council Members thanked the lifeguards for their diligence and bravery.
F. PUBLIC COMMENT
Mayor Guajardo opened public comment.
The following citizens spoke about the citizens initiative held on July 30th and
presented information about the Vaccine Information Statement: Shawn Flanagan,
4218 Herndon St., Gail Anderson, 409 Grant Place, Melinda De Los Santos, 611 Gulf
Shore Place, Samuel Aundra Fryer, 2222 Cardinales Lane, and Catherine Barnes,
520 S. Chaparral St.
John Weber, 609 Naples St. and Jason Hale 211 Leming Ave., presented information
about the Corpus Christi Bay model -Inner Harbor and La Quinta.
Rachel Caballero, 522 Hancock Ave., spoke in opposition to desalination and
expressed concern about the proposed budget, proposed Bond and Type A sales tax.
Bob Catalano, 201 Surfside Blvd., spoke about the nice improvements on North
Beach and concerns about Surfside Park.
Ron Graban, 202 Surfside Blvd., spoke about construction of Beach Avenue before
the new bridge opens.
Janna Shoe, 3714 Topeka St., expressed concern about street services.
Roseanne Norman, 4629 Monette Dr., expressed concern about vaccines for
children.
Corina Rittgers, 4913 Valley Mill Dr., spoke in opposition to closure/reduction in hours
of the Oso Bay Preserve and Learning Center, closure of the Garcia Library and
reduction of hours at the community pool at Bill Witt Park.
Mark Muenster, 1013 Barracuda Place, expressed concern about the format of the
community input sessions and spoke in opposition to the desalination plant.
Joshua De Leon, 5914 Colorado Dr., spoke about expanding the City's smoking
prohibition ordinance.
The following citizens spoke in opposition to closure/reduction in hours of the Oso Bay
Preserve and Learning Center, Jaden Sindt, 4913 Valley Mill Dr., Devon O'Kelley,
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8117 Denali Dr., Shirin Delsooz, 6030 Tapestry Dr., Marilyn Brodeur, and Gabriel
Brodeur, 15729 Escapade St.
Susie Luna Saldana, 4710 Hakel Dr., expressed concern about budget cuts and the
criteria process for the City Manager's salary increase.
Sean Merritt, 4558 Dandridge Dr., spoke about the three to four percent surcharge
fees when using a debit card.
Zelnita Williams, 1033 Brock Dr., expressed concern about police involved shootings
and about the lack of de-escalation.
Dan Korus, 7001 Chiswick Dr., invited Council Members to the legislative conference
on October 17 and 18 and in support about moving forward with the desalination
plant.
The following citizen submitted a written public comment which is attached to the
minutes: John Weber, 609 Naples St.
G. CONSIDERATION OF MAX TAX RATE: (ITEM 3)
3. 24-1323 Resolution to consider setting the maximum ad valorem tax rate of no more
than $0.599774 per $100 valuation for Fiscal Year (FY) 2025, taking a record
vote, and setting the date for the City of Corpus Christi's proposed FY 2025
budget and proposed FY 2025 ad valorem tax rate public hearings and first
reading ordinances on September 3, 2024, with adoption of the FY 2025
budget and FY 2025 ad valorem tax rate on September 10, 2024.
Mayor Guajardo referred to Item 3.
Assistant City Manager Heather Hurlbert presented information on the following
topics: truth in taxation; truth in taxation definitions; truth in taxation actions; and
recommendation.
Council Members and Assistant City Manager Hurlbert discussed the following topics:
the impact that this tax rate will have on a home is a difference of two or three cents;
and the No New Revenue rate would reduce the budget by approximately another
$9.8 million.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Barrera moved to approve the resolution, seconded by Council
Member Suckley. 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 Pusley, Council Member Suckley, Council Member Roy, Council Member Klein
and Council Member Campos
Nay: 1 - Council Member Hunter
Abstained: 0
Enactment No: 033424
H. BOARD & COMMITTEE APPOINTMENTS: (ITEM 4)
4. 24-1311 Arts & Cultural Commission (4 vacancies)
Construction Trade Advisory & Appeals Board (1 Vacancy)
Ethics Commission (4 vacancies)
Parks & Recreation Advisory Committee (5 vacancies)
Sister City Committee (3 vacancies)
Mayor Guajardo referred to Item 4.
Arts & Cultural Commission:
Reappointed: Sara Sells Morgan
Appointed: Oliver Cruz -Milan, Mark J. Marquez, II, and Elena Rodriguez
Construction Trade Advisory & Appeals Board:
Appointed: Brandon Harper
Ethics Commission:
Appointed: Douglas C. Fick, Liz Gillenwater, Kimberly Shick, and Robert M. Simmons
Parks and Recreation Advisory Committee:
Reappointed: Joan A. Adams Wolfe, Joe De La Paz, and Linda Lindsey
Appointed: Jay Gardner and Mark Borgeson Sr.
Sister City Committee:
Reappointed: Mourad Hasbaoui and Adria P. Vasquez
Appointed: Ana T. Rivera -Soto
I. EXPLANATION OF COUNCIL ACTION:
J. CONSENT AGENDA: (ITEMS 5 - 19)
Approval of the Consent Agenda
Mayor Guajardo referred to the Consent Agenda. Items 16 and 19 were pulled for
individual consideration.
Council Member Barrera moved to approve the consent agenda with the exception of
Items 16 and 19, seconded by Council Member Roy. The motion carried by the
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following vote:
Aye:
9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council
Member Hunter, Council Member Pusley, Council Member Suckley, Council Member
Roy, Council Member Klein and Council Member Campos
Abstained: 0
5. 24-1334 Approval of the July 30, 2024 Regular Meeting Minutes, and August 1, 2024
Special Meeting Minutes and Budget Workshop Minutes
The Minutes were approved on the consent agenda.
Consent - Second Reading Ordinances
6. 24-1211 Ordinance ordering a general election to be held on November 5, 2024, in the
City of Corpus Christi for the election of Mayor and eight Council Members;
providing for procedures for holding such election; providing for notice of
election and publication thereof; providing for establishment of branch early
voting polling places; designating polling place locations; authorizing a joint
election with Nueces County, and a runoff election, if one is necessary, on
December 14, 2024; authorizing execution of a Joint Election Agreement and
Election Services Contract with Nueces County; and enacting provisions
incident and relating to the subject and purpose of this ordinance.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 033425
7. 24-1102 Ordinance authorizing the acceptance of an increase in the grant from the
Texas Department of State Health Services (DSHS) for the Women, Infants,
and Children's Nutrition Program (WIC) to provide funding for the WIC
program for the period of October 1, 2024, through September 30, 2025, and
authorizing 14 existing FTEs that are funded by this grant and appropriating
the $1,233,166.00 in the Health Grant Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 033426
8. 24-1105 Zoning Case No. ZN8254, Azali Investments LLC (District 5). Ordinance
rezoning a property at or near 7702 Starry Road from the "FR" Farm Rural
District to the "RM-2" Multi -Family District; providing for a penalty not to
exceed $2,000 and publication. (Planning Commission and Staff recommend
approval).
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 033427
Consent - Contracts and Procurement
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9. 24-1167 Resolution authorizing the purchase and installation of five new Rockland
custom fire cabinets for the Corpus Christi Fire Department's Command
Operations Vehicles from C&S Plating and Bumper Recycling, dba C&S
Truck and Van Equipment, of Corpus Christi, Texas, in an amount up to
$62,375.00, with FY 2024 funding in the amount of $62,375.00 from the Fire
Grants Fund.
This Resolution was passed on the consent agenda.
Enactment No: 033428
10. 24-1109 Resolution authorizing the purchase of one new re -purposed shipping
container extensively modified to be used as a firefighter training device for
the Corpus Christi Fire Department from Taylor'd Systems, of Spokane
Valley, Washington, in the amount of $76,275.00, with FY 2024 funding from
the General Fund.
This Resolution was passed on the consent agenda.
Enactment No: 033429
11. 24-1056 Motion authorizing execution of a one-year supply agreement, with a
one-year option, with Pencco, Inc., of San Felipe, Texas, in an amount not to
exceed $251,100.00, with a potential up to $502,200.00 if the option is
exercised, for hydrofluorosilicic acid for fluoride treatment in the water system
by Corpus Christi Water, with FY 2024 funding of $41,833.33 from the Water
Fund.
This Motion was passed on the consent agenda.
Enactment No: M2024-126
12. 24-0933 Motion authorizing execution of a 36-month agreement with Samsara Inc., of
San Francisco, California, through the Sourcewell Cooperative, for the
purchase of licenses, hardware, and accessories for dual -facing dash camera
safety system for Corpus Christi Water vehicles in the amount of
$591,067.00, with FY 2024 funding of $196,524.00 from the Wastewater and
Water Funds.
This Motion was passed on the consent agenda.
Enactment No: M2024-127
Consent - Capital Projects
13. 24-1250 Motion awarding a Master Services Agreement for Citywide Wastewater IDIQ
to Halff Associates, Inc., Corpus Christi, Texas, in an amount up to
$200,000.00 for the design of wastewater lines that will be rehabilitated or
replaced, with a one-year renewal option to be administratively authorized for
a total amount not to exceed $400,000.00, with projects located Citywide, with
FY 2024 funding available from Wastewater Capital Fund.
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This Motion was passed on the consent agenda.
Enactment No: M2024-128
General Consent Items
14. 24-1159 Resolution authorizing the City to purchase 25 trash receptacles from Victor
Stanley, Inc. in the amount of $76,495.00. Project recommended by the
Downtown Management District and approved by the TIRZ #3 board, to be
received by the Public Works Department, and installed by a City Public
Works Department contractor, with the oversight of the City's Public Works
Department.
This Resolution was passed on the consent agenda.
Enactment No: 033430
Consent - First Reading Ordinances
15. 24-1287 Ordinance to amend Ordinance 033281 as required by Texas Commission on
Environmental Quality regulations by amending Section 55-141(d)(3) of the
City Code to update the list of pollutants for which limits may be established
in an industrial discharge wastewater permit utilizing the Broadway
Wastewater Treatment Facility and the Oso Water Reclamation Plant,
providing for a penalty not to exceed $2,000 and publication.
This Ordinance was passed on first reading on the consent agenda.
16. 24-1230 Ordinance amending Section 2-330 of the Code of Ordinances of the City of
Corpus Christi, Texas to provide for outside representation of City Officials for
alleged violations before the Ethics Commission.
Mayor Guajardo referred to Item 16.
City Attorney Miles Risley presented information on the following topics: briefing -city
council request for representation when wrongfully accused of violating Ethics Code;
and recommendation of Ethics Commission.
Council Members and City Attorney Risley discussed the following topics: a concern
that taxpayers would be liable to pay for legal fees; the City Attorney's decision is
appealable; this ordinance would apply to all public officials; the City provides legal
representation to the Ethics Commission, so a private attorney would represent a
public official; and this ordinance would apply only to an ethics violation.
Mayor Guajardo opened public comment.
John Weber, 609 Naples St., read Section 2-330(e) and expressed that the Ethics
Commission should be elected, not appointed.
Rachel Caballero, 522 Hancock Ave., expressed concern about the Ethics
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Commission's recommendation.
Mayor Guajardo closed public comment.
Council Member Barrera moved to approve the ordinance, seconded by Council
Member Pusley. This Ordinance was passed on first reading and approved with the
following vote:
Aye: 5 - Mayor Guajardo, Council Member Barrera, Council Member Pusley, Council Member
Suckley and Council Member Roy
Nay: 4 - Council Member Hernandez, Council Member Hunter, Council Member Klein and
Council Member Campos
Abstained: 0
17. 24-1221 Ordinance authorizing acceptance and amendments of Texas Beach Watch
(TBW) Program Grant for $140,000.00 from the Texas General Land Office
(GLO) to provide beach water sampling in Nueces, Aransas, and San Patricio
County under the Texas Beach Watch Program for the period of September
1, 2024, through August 31, 2025; and authorizing one existing position to be
funded by this grant and appropriating $140,000.00 in the Health Grant Fund.
This Ordinance was passed on first reading on the consent agenda.
18. 24-1324 Ordinance terminating Tax Increment Reinvestment Zone (TIRZ) #5, City of
Corpus Christi, Texas; dissolving the tax increment fund for the zone;
dissolving the board of directors for the zone; providing an effective date; and
appropriating and transferring related funds as necessary.
This Ordinance was passed on first reading on the consent agenda.
19. 24-1216 Ordinance authorizing an amendment to a Small Business Incentives
Agreement between the Corpus Christi B Corporation and Del Mar College,
which increases the funding by $15,000.00 for a total amount not to exceed
$130,000.00 for the 2024 Internship program; appropriating $15,000 from the
unreserved fund balance of the Type B fund; and amending the budget.
Mayor Guajardo referred to Item 19.
Council Member Klein asked to pull this item to abstain.
A Council Member thanked the Economic Development Corporation for supporting
this program.
Council Member Barrera moved to approve the ordinance, seconded by Council
Member Hunter. This Ordinance was passed on emergency and approved with the
following vote:
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Aye:
8 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council
Member Hunter, Council Member Pusley, Council Member Suckley, Council Member
Roy and Council Member Campos
Abstained: 1 - Council Member Klein
Enactment No: 033431
K. RECESS FOR LUNCH
Mayor Guajardo recessed the Council meeting for lunch at 1:33 p.m. Executive
Session Items 33 and 34 were held during the lunch recess. Mayor Guajardo
reconvened the meeting at 2:46 p.m.
L. PUBLIC HEARINGS: (ITEMS 20 - 26)
20. 24-1195 Zoning Case No. ZN8186, Toreros Investment VI, LLC. (District 4): Ordinance
rezoning a property at or near 3909 Laguna Shores Drive from the "RS-4.5"
Single -Family 4.5 District, "CR-1" Resort Commercial District, and "CG-2"
General Commercial District to the "CR-1" Resort Commercial District with a
Special Permit; providing for a penalty not to exceed $2,000 and publication.
(Applicant originally requested a zoning change to the "CR-1" Resort
Commercial District, consents to staff recommendation.) Planning
Commission and Staff recommend approval.
Mayor Guajardo referred to Item 20.
Director of Development Services Al Raymond presented information on the following
topics: zoning and land use; and NOLF Waldron MCAOD overlay zones.
Council Members and Director Raymond discussed the following topics: the
applicant's desire is to add boat storage on the lot which is excluded from the flight
zone; a concern with special permits; and this development will not limit access to
Laguna Madre.
Mayor Guajardo opened the public hearing.
There were no comments from the public.
Mayor Guajardo closed the public hearing.
Council Member Suckley moved to approve the ordinance, seconded by Council
Member Barrera. 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 Pusley, Council Member Suckley, Council Member
Roy, Council Member Klein and Council Member Campos
Abstained: 0
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21. 24-1241 Ordinance authorizing a Water Arterial Transmission & Grid Main
Construction and Reimbursement Agreement up to $393,888.30 with MPM
Development, LP to construct a water arterial transmission grid main related
to Starlight Estates Unit 8 located south of Yorktown Boulevard and west of
Krypton Drive; and authorizing future transfer and appropriation of Water and
Wastewater Trust Fund revenue up to $393,888.30 to reimburse the
developer in accordance with the agreement. (District 5).
Mayor Guajardo referred to Items 21-25.
Council Members, City Manager Peter Zanoni, and Director of Development Services
Al Raymond discussed the following topics: these water and wastewater line
improvements are utility infrastructure that support outside subdivisions; and Impact
Fee discussions will be revisited after the budget is approved.
Mayor Guajardo opened the public hearing.
There were no comments from the public.
Mayor Guajardo closed the public hearing.
Council Member Barrera moved to approve the ordinances, seconded by Council
Member Pusley. These Ordinances were passed on first reading and approved with
the following vote:
Aye:
7 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council
Member Hunter, Council Member Pusley, Council Member Suckley and Council
Member Roy
Nay: 1 - Council Member Klein
Abstained: 1 - Council Member Campos
22. 24-1316 Ordinance authorizing a Water Arterial Transmission & Grid Main
Construction and Reimbursement Agreement up to $141,108.94 with MPM
Development, LP to construct a water arterial transmission grid main related
to Royal Oak South subdivision located south of the Chisolm Trail and Rand
Morgan Rd intersection; and authorizing future transfer and appropriation of
Water and Wastewater Trust Fund revenue up to $141,108.94 to reimburse
the developer in accordance with the agreement. (District 1).
See Item 21.
Aye:
7 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council
Member Hunter, Council Member Pusley, Council Member Suckley and Council
Member Roy
Nay: 1 - Council Member Klein
Abstained: 1 - Council Member Campos
23. 24-1317 Ordinance authorizing a Wastewater Trunk Line Construction and
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Reimbursement Agreement up to $365,028.94 with MPM Development to
construct a required wastewater trunk line for the proposed residential
development related to Royal Oak South subdivision located south of the
Chisolm Trail and Rand Morgan Rd intersection; and authorizing future
transfer and appropriation of Water and Wastewater Trust Fund revenue up
to $365,028.94 to reimburse the developer in accordance with the agreement.
(District 1).
See Item 21.
Aye:
7 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council
Member Hunter, Council Member Pusley, Council Member Suckley and Council
Member Roy
Nay: 1 - Council Member Klein
Abstained: 1 - Council Member Campos
24. 24-1318 Ordinance authorizing a Water Arterial Transmission & Grid Main
Construction and Reimbursement Agreement up to $131,835.50 with MPM
Development, LP to construct a water arterial transmission grid main related
to King's Landing Unit 9 subdivision located north of the Lady Alexa Dr. and
Lady Claudia St. intersection; and authorizing future transfer and
appropriation of Water and Wastewater Trust Fund revenue up to
$131,835.50 to reimburse the developer in accordance with the agreement.
(District 3).
See Item 21.
Aye:
7 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council
Member Hunter, Council Member Pusley, Council Member Suckley and Council
Member Roy
Nay: 1 - Council Member Klein
Abstained: 1 - Council Member Campos
25. 24-1242 Ordinance authorizing a Water Arterial Transmission & Grid Main
Construction and Reimbursement Agreement up to $136,870.31 with LSK
Development, LLC to construct a water arterial transmission grid main related
to Azali Estates Unit 3 located north of Yorktown Boulevard and east of Azali
Drive; and authorizing future transfer and appropriation of Water and
Wastewater Trust Fund revenue up to $136,870.31 to reimburse the
developer in accordance with the agreement. (District 5).
See Item 21.
Aye:
7 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council
Member Hunter, Council Member Pusley, Council Member Suckley and Council
Member Roy
Nay: 1 - Council Member Klein
Abstained: 1 - Council Member Campos
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26. 24-1315 Ordinance authorizing a Water Arterial Transmission & Grid Main
Construction and Reimbursement Agreement up to $1,245,538.00 with MST,
LLC to construct a water arterial transmission grid main related to Kaspian
Subdivision Unit I located south of FM 43 and east of CR 43; and
appropriating and transferring of future revenue from Water and Wastewater
lot and acreage fees and pro-rata fees to the Water Arterial Transmission &
Grid Line Trust Fund to reimburse the developer per the agreement (District
5)
Mayor Guajardo referred to Item 26.
A Council Member asked for clarification about MST, LLC.
Mayor Guajardo opened the public hearing.
There were no comments from the public.
Mayor Guajardo closed the public hearing.
Council Member Barrera moved to approve the ordinance, seconded by Council
Member Pusley. This Ordinance was passed on first reading and approved with the
following vote:
Aye:
7 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council
Member Hunter, Council Member Pusley, Council Member Suckley and Council
Member Roy
Nay: 1 - Council Member Klein
Abstained: 1 - Council Member Campos
M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 27 - 30)
27. 24-1229 Motion authorizing the City Manager to execute a four-year collective
bargaining agreement, effective October 1, 2024 with the Corpus Christi
Professional Firefighters' Association for wages, benefits, and working
conditions, as approved by the Corpus Christi Professional Firefighters
Association from July 8 through July 10, 2024.
Mayor Guajardo referred to Item 27.
There were no comments from the Council.
Council Member Hunter moved 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 Pusley, Council Member Suckley, Council Member
Roy, Council Member Klein and Council Member Campos
Abstained: 0
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Enactment No: M2024-129
28. 24-1249 One reading ordinance calling for a special election for the Bond 2024
Program to be held on November 5, 2024, in the City of Corpus Christi for the
authorization of bond issuances for the City by ad valorem taxes totaling $175
million without a City property tax rate increase to fund 38 projects under the
following propositions: Streets ($89.5 million), Parks ($37.65 million), Public
Safety ($45 million) and Cultural Facilities ($2.85 million).
Mayor Guajardo referred to Item 28.
Assistant City Manager Neiman Young stated that this is a one -reading ordinance for
the Bond 2024 Program to be held on November 5, 2024 to authorize bond issuance
funding 38 projects, including streets, public safety, parks, and cultural facilities.
A Council Member, City Manager Peter Zanoni, Assistant City Manager Young, and
City Attorney Miles Risley discussed the following topics: a concern that water and
wastewater relocation was not included in the Bond language; and the debt
management policy is unclear what relocation means.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Barrera moved to approve the ordinance, seconded by Council
Member Suckley. This Ordinance was passed on emergency and approved with the
following vote:
Aye: 6 - Mayor Guajardo, Council Member Barrera, Council Member Pusley, Council Member
Suckley, Council Member Roy and Council Member Klein
Nay: 3 - Council Member Hernandez, Council Member Hunter and Council Member Campos
Abstained: 0
Enactment No: 033432
29. 24-1325 One reading ordinance calling for a special election to be held on November
5, 2024 to repurpose the expiring Type A sales tax funding to Type B sales
tax funding utilizing an existing 1/8 cent for financing the Downtown Seawall
Flood Control structures including the maintenance and improvements to the
entire seawall structure including the breakwater, salt flat levee, T and L Head
land masses, Marina basin, and flood control pumps and other city-wide
stormwater, flood control, drainage, and coastal resiliency projects; and allow
the City to enter into a joint election agreement with Nueces County.
Mayor Guajardo referred to Item 29.
Council Members, City Manager Peter Zanoni, Assistant City Manager Heather
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Hurlbert, and Bond Counsel Stephanie Leibe discussed the following topic: concerns
about the wording on the proposed ballot language for Propositions E and F.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Hernandez moved to table this item for 30 minutes so Bond Counsel
can make edits to the ballot language, seconded by Council Member Roy and passed
unanimously.
Council Member Hernandez moved to amend sections 1 and 5 of the ordinance as
provided by Bond Counsel, seconded by Council Member Roy and passed
unanimously.
Council Member Hernandez moved to approve the ordinance as amended, seconded
by Council Member Barrera. This Ordinance was passed on emergency as amended
and approved with the following vote:
Aye: 9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council
Member Hunter, Council Member Pusley, Council Member Suckley, Council Member
Roy, Council Member Klein and Council Member Campos
Abstained: 0
Enactment No: 033433
30. 24-1326 One reading ordinance calling for a special election to be held on November
5, 2024 to repurpose the expiring Type A sales tax funding to Type B sales
tax funding utilizing an existing 1/8 cent by allocating 50% of the annual sales
tax collections to financing infrastructure improvements to City-wide Arterial
and Collector street projects and 50% of the annual sales tax collection for
improvements to city -owned recreation and community facilities within the
Sports, Entertainment, and Arts (SEA) District (The Corpus Christi Museum of
Science and History, the Art Museum of South Texas, the Texas State
Museum of Asian Cultures and Education Center, the Harbor Playhouse, and
the Water Garden) and the Selena Auditorium, the Convention Center, and
the Arena ; and allow the City to enter into a joint election agreement with
Nueces County.
Mayor Guajardo referred to Item 30.
Council Member Pusley moved to amend sections 1 and 5 of the ordinance as
provided by Bond Counsel, seconded by Council Member Suckley and passed with
the following vote: Mayor Guajardo and Council Members Barrera, Hunter, Klein,
Pusley, Roy and Suckley, voting, "yes"; and Council Members Campos and
Hernandez voting, "no".
City of Corpus Christi
Page 14 Printed on 8/16/2024
City Council
Meeting Minutes August 13, 2024
Council Member Pusley moved to approve the ordinance as amended, seconded by
Council Member Suckley. This Ordinance was passed on emergency as amended
and approved with the following vote:
Aye: 6 - Mayor Guajardo, Council Member Barrera, Council Member Pusley, Council Member
Suckley, Council Member Roy and Council Member Klein
Nay: 3 - Council Member Hernandez, Council Member Hunter and Council Member Campos
Abstained: 0
Enactment No: 033434
N. BRIEFINGS: (ITEMS 31 - 32)
31. 24-1065 Nueces Center for Mental Health and Intellectual Disabilities Briefing on
providing citizens living with mental illnesses with comprehensive psychiatric
evaluation and treatment services, medications, and wellness services.
Mayor Guajardo referred to Item 31.
Mental Health Service Director Andrea Kovarik presented information on the following
topics: access programs; youth; access programs; adult services; Jail Continuity of
Care (COC); and diversion center.
Director of Intellectual and Development Disabilities (IDD) Gina Pena presented
information on the following topics: Intellectual and Development Disabilities (IDD);
Medicaid waivers for IDD; other IDD services; and for more information.
Council Members, Director Kovarik, and Director Pena discussed the following topics:
funding for this program is provided through grants and other entities; and IDD
partners with Corpus Christi Army Depot and other agencies.
32. 24-0699 Coastal Bend Air Quality Partnership (CBAQP) Overview, presented by
Sharon B. Murphy, President of the CBAQP
Mayor Guajardo referred to Item 32.
Executive Director of Coastal Bend Air Quality Partnership Sharon B. Murphy
presented information on the following topics: mission; sources of particulate
pollutants; PM 2.5 defined; potentially affected counties; Nueces County monitors
map; Kleberg County monitors map; and future emissions regulatory watch.
Council Members and Executive Director Murphy discussed the following topics: to
consider implementing idle -free zones in the City; and what the City can do to prevent
inhaling the Saharan Desert dust and fires from Mexico.
O. EXECUTIVE SESSION: (ITEMS 33 - 35)
Mayor Guajardo referred to Executive Session Items 33 and 34. The Council went
into Executive Session at 1:33 p.m. The Council returned from Executive Session at
City of Corpus Christi
Page 15 Printed on 8/16/2024
City Council
Meeting Minutes August 13, 2024
2:46 p.m.
Mayor Guajardo referred to Executive Session Item 35. The Council went into
Executive Session at 6:23 p.m. The Council returned from Executive Session at 7:54
p.m.
33. 24-1256 Executive Session pursuant to Texas Gov't Code § 551.071 and Texas
Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys
concerning legal issues related to personnel matters and judges of the
Municipal Court and Texas Gov't Code § 551.074 (personnel matters) to
deliberate the appointment, employment, evaluation, reassignment, duties,
discipline or dismissal of a public officer or employee (including the City's
appointed Part Time Judge #4).
This E-Session Item was discussed in executive session.
34. 24-1228 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 industries, infrastructure, utilities,
and property in the City's extraterritorial jurisdiction, services thereto,
annexation, Texas Local Gov't Code service plans, industrial district
agreements (IDA's), and Chapters 42, 43 and 212 of the Texas Local
Government Code § 43.0116, et. seq., rates for utilities, actions for limitation
of rates, Texas Water Code § 13.043 and associated statutes and
regulations, and Texas Government Code § 551.087 to discuss and
deliberate regarding potential financial or other incentive(s) to business
prospects(s) that the governmental body seeks to have locate, stay, or
expand in or near the territory of the City and with which the City will be
conducting economic development negotiations, authorizing preparation of
service plans for areas to be considered for annexation, and authorizing
professional services agreements and amendments thereto with attorneys,
engineers, and other consultants involved in the aforementioned actions.
This E-Session Item was discussed in executive session.
35. 24-1275 Executive Session pursuant to Texas Gov't Code § 551.071 and Texas
Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys
concerning legal issues related to personnel matters and the City Auditor and
Texas Gov't Code § 551.074 (personnel matters) to deliberate the
appointment, employment, evaluation, reassignment, duties, discipline or
dismissal of a public officer or employee (including, but not limited to, the City
Auditor).
This E-Session was passed after executive session.
The following motion was considered:
Motion to place the City Auditor on paid leave through August 27, 2024.
City of Corpus Christi
Page 16 Printed on 8/16/2024
City Council
Meeting Minutes August 13, 2024
Council Member Klein moved to approve the motion, seconded by Council Member
Barrera. This Motion was passed and approved with the following vote:
Aye:
8 - Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member
Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and
Council Member Campos
Nay: 1 - Council Member Hernandez
Abstained: 0
Enactment No: M2024-130
P. ADJOURNMENT
There being no further business, Mayor Guajardo adjourned this meeting at 8:08 p.m.
City of Corpus Christi
Page 17 Printed on 8/16/2024
Norma Duran
From: City of Corpus Christi <noreply@formresponse.com>
Sent: Tuesday, August 13, 2024 11:16 AM
To: City Secretary; Norma Duran
Subject: [EXTERNAL]Public Input: 08-13-2024 - John Weber
Attachments: 5993749256414985216.pdf; City written public comment 8.13.14.docx
[ [WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a
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0 = iblic Comment & Input Form
Date of Meeting 08-13-2024
Name John Weber
Address Street Address: 609 Naples St
City: Corpus Christi
State / Province: TX
Postal / Zip Code: 78404
Are you a resident of
Corpus Christi?
What district do you
reside in?
Yes
District 2
Topic Desalination modeling
Agenda Item Number Public comment
Describe Feedback: See attached Word document.
Uploads: City written public comment 8.13.14.docx
Provide an email to
receive a copy of your
submission.
js_weber@hotmail.com
1
Dear Mayor and City Council Members,
1 should have shared these earlier but better late than never. The truth needs to be known. More to
come. I am open to giving a presentation to the Council in open meeting and taking questions. If not, I
am open to meeting with the Council in groups less than a quorum. Just let me know.
Regards,
John Weber
The Authority remains committed to suppul ting the City, as the regional water provider. in developing a
draught -proof water supply for out region. As requested by Drew Molly, Chief-Operating-011icer for
(_4nputi-Christi Water earlier this month, I I he purpose of this letter is to formalize our -the Autliloritv'::
agreement regarding -to provide the City's use of lvitlt a copy of the input and output files. in their n:.tlive
forrnat_that were used to develop the Authority's EFDC+ hydrodynamic model for the Corpus Christi
Bay System and associated input or validation data, The Authority and the City agree as follows:
• In 2021. Authority engaged LRE Water/Dr. Jordan Furnans to develop the EFDC+ hydrodynamic
model of the Corpus Christi Bay System for use in modeling the fate and transport of desalination
brine discharges (i.e. far field modeling) to inform Authority's permitting efforts for potential
desalination facilities on property owned by Authority: After significant delay due -to -extenuating
Lit-c star€ (unrelated -to the project). this work -was completed in the -Fall of 2023.
• T-hei:E x platform -is -effective for -simulating high -salinity, high temperature, ttnd4O Iowdissolved
eirygen-plume-mevernents and -is -recommended by Texas -Water Development-Board--staff-and
endorsed -by US-t-RA -. whieli distributes the -model -from its-wehsite.
• Dynamics -Solutions tntemationr}l-updates!-the-I sli f)C-'—nlodel-to-ririilie- it easier -to use and--to-include
siouulatiorr-el=brine discharges, --Tie upgraeled-nit'del4t41X-4-. is available as a-fi llv-compiled-rind
supported software -package, -complete with -graphical -user -interfaces and -pre —and -post -processing
pro'grams, for -displaying- and -developing -model- inputs and-outputa:--EFI)C-a was-thus--selected-by
L Watera -the-irreferred-platform foFAuthor-ity's prrrposesThe Authority understands that the
EFDC-1 model software is available bysubacription- as part of the EE Modclin . System
/ (5401 PO t3ux 1541 78403 r c pus ChilsII, Texas T 361 8825633 F 361 882 71 1 i)
the Aut11 IIt a, , ,+ I,!he I Ft)(' I lu%llI ] lur Ili- 'hued! Ray -System and -associated -input
+ar-4alidiltion ditto developed by Di. I moans on h4u111 I,f-Authority-for- the -limited purpose -of
assisting- the City in -conducting its own tar- Iield modeling -for the-City'-s--propcosed-d linatian
facility in the Int►� Idar►x�r.
• City -is -responsible for -funding -tall -work performed -at the request -of -the -City -ley third -party- service
pruners including Dr-iurnatis.-lo-utilize-the--modelfdata in assesi+ation-with--the-City's gropes.#
project. Viewing and processilig of the model data requires a software license from
www.eemodelingsystem.ctmt. City is also -responsible for any costs associated with acquiring
[FOCI software license(s) by service providers, if applicable.
•—The-release-or--use-of-the-model-or- input -or -validation -t] a-{published-or-turpublisl 1)-by-Dr.
Funtanson-belmlfof the Autltority-is-expressly-limited-to the City, -as well -as its-expertc-and- ice
pfuvidersJ r-delimited-purpose- stated -herein,
• information devek)ped-by-Dr; rurnans -for-Authority. as well tom-all-inloraration-in--whatever-f rr
rnediunt-supplied-to-L- humans-hy-Authority-in-connection-with--hts-engagen which -is -not
generally available -to -the-- pn►rlicT-is-•propriet:uy to-the-Authority-and-eonsfu-contirletttial
innorroet#en-of-the-AuthnrityAlte Gi6y-wi{I make-nooral-or-writteudisc-losure-ef-such information
to Ord parties, except as-app»aved-in-writing-by Atttltorityor--as othemise-required-by law.- In the
event the City becomes aware that confidential information associated with the model Gies used
by 1_.RE Water in its L•I'DC-t modeling cliorts for the Authority must be disclosed by law, City
will notify Authority of the required disclosure and the affected information.
This letter agreement may be executed in a portable document format (i.e., scanned as a .pdf file) and " pdt" file signatures shall be deemed to he the sane as original signatures. If the foregoing correctly.sets forth
• ►fAa 400
1,41 It (1l r'1};t 1, . 1101.,11, 1 '11i I Flt1 1.00'.i l .t$t tl•1 it l0
CA is,
ate; v.l �•T
RE: Letter agreement for model delivery
Andtcw NtisIN IDlevrt
lal
..... l'/nt Ettto Noun 1ptItt leemrl htahytl Rodriquez:. O Macy ltr;lry.
,. •,, I41IeranE>Il1A l e0ti
�u:. swarctua marts-
•
e-1 n.nr I 47 Pep41•All ) I ..."1 ..•
lira W4)2014 1 I,, Iv
Mac hint here . s.ttple proposed agreement, dished by our counsel, to define eepectatlons In terms of use o1 the UDC. model of the CC gay System (and associated InFotIv4Iidatton data(
It all igimesnt par bet are amenable on your stde, please e,1he, route for signature and pass f back for Kent's countet-slgnatute ot, If you prefer, I ran lase nd with Kent's signature once you've had a chance
to rrviewfsnggnst arty shame,
se s{mkrn Io lotdan and he's prepared to songful ate Isle delNery with Earnest once we have this detail out of the way.
1,11
imp Jeffrey PoPack AICfs, ENV SP
CaseoorCreiyaw_.••i rcN .�.• rGr
eallinnefigir Pon or Corpse. Chr111,
tfil
Q :,malab
nlL L e Oil 51 re 5i
I
RL• Letter agreement for model delivery
4GAndrew Mo!iy (Drew)
Ninon, t .1 Pa.•r 1.-•..vv Mohan Piohifser t Mari ill aov.
1sion I lit in•,,.Ipltl.11, t rnl
(EXTERNAL EMAIL) Cdu1IO1:: This email n,,dmuted from C„lltdq Prat or Culp,. Etc
oil -
1'. iv, al I
tun1r.I/:n?41 In• ,•
r_e c auseon when upeninganachments yclicsing erks.R!sen!award nny suspicious cement to It eocepdesa_
Pt nano tuiu attacaad a red-Pmeo Yemen o11no dra11 letter agroomonl Met die City would oo vNhng to etgn
Inn aunrnt yorswn makes declarations trial the City hos no Platt, on I nowledge of )e.g., reference to significant delays In the project. statement that the model is going to b, used ro, NICE s
permitting efforts. etc.).
We con mnyn aimngumr nhr fur the allorneys to coord,nalo a meeting It needed.
hank you,
•
Norma Duran
From:
Sent:
To:
Subject:
Attachments:
City of Corpus Christi <noreply@formresponse.com>
Tuesday, August 13, 2024 11:19 AM
City Secretary; Norma Duran
[EXTERNAL]Public Input: 08-13-2024 - John Weber
5993751216414212360.pdf; Minutes (8).pdf; Roy email.JPG; Subpoena P1 jpg; Subpoena
P2jpg
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please contact the Helpdesk at 826-3766.
'ublic Comment & Input Form
Date of Meeting
Name
Address
Are you a resident of
Corpus Christi?
What district do you
reside in?
Topic
Agenda Item Number
Describe Feedback:
08-13-2024
John Weber
Street Address: 609 Naples St
City: Corpus Christi
State / Province: TX
Postal / Zip Code: 78404
Yes
District 2
Legal. fees
16
Dear Mayor, City Council Members and City
Manager,
Regarding item 16 (24-1230) just call it what
it is, the Pusley Ordinance. I am very
disappointed to see this on the agenda. I will
make oral comments regarding this item
when the item is brought up. I request it be
withdrawn for individual consideration as
permitted by the meeting rules.
Please see the attached 4 documents. The
i
City of Corpus Christi
Meeting Minutes - Final
Ethics Commission
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Thursday, April 18, 2024
5:30 PM City Hall, Sixth Floor - Executive Conference Room
The City of Corpus Christi promotes participation regardless of race, color, national
origin, sex, age, religion, disability or political belief. Reasonable accommodation is
provided upon request and in accordance with the Americans with Disabilities Act. For
assistance or to request a reasonable accommodation, contact (361) 826-3300 at least
48 hours in advance. Upon request, this information can be available in larger print
and/or in electronic format.
A. Call To Order
Chairman Dane Fuller called meeting to order at 5:30 p.m.
B. Roll Call
Present: 7 - David J. Bendett, Laura Commons, Trevor Mauck, Kamlesh Bhikha, Dane Fuller, Rick
Barrera, and Kimberly Ballenger
Excused: 2 - Kent Teague, and Ed Bennett
C. Public Comment
Written public comment from John Weber.
D. Approval of Minutes and Action on Absences
Commissioner Kamlesh Bhikha motioned to approve meeting minutes for March 21,
2024, as presented; Commissioner David Bendett seconded. Approved unanimously.
Vice -Chair Laura Commons motioned to excuse the absence of Commissioner Ed
Bennett; Commissioner Kimberly Ballenger seconded. Approved unanimously.
Commissioner Kimberly Ballenger motioned to excuse the absence of Commissioner
Kent Teague; Commissioner Rick Barrera seconded. Approved unanimously.
E. New Business for Discussion and Possible Action
1. 24-0584 Review, discussion and possible action regarding Reports of Financial
Information.
Commissioner David Bendett motioned to send notification letters requesting refiling to
reporting officials with missing information in their Reports of Financial Information, and
City of Corpus Christi
Page 1 Printed on 5/22/2024
Dear Ethics Commissioners,
I just have a few things to share. Before I submitted the ethics complaint, everyone I spoke with
said it was a waste of time because the Ethics Commission would never rule against someone
that appointed them. Last year I spoke with a person that had served on the Ethics Commission
in the past. She said the Ethics Commission was worthless and was a waste of her time. This
helps explain the lack of complaints the Ethics Commission receives. I should have listened to
the community but I am a hopeful and optimistic person so I submitted the complaint.
In Section II -A of the document labeled "Hearing Procedures" the Chair stated I had ten minutes
to present facts to support the complaint, which I did. In Section II-B the respondent was given
the same opportunity. The respondent had no facts to support his response but instead asked for
and was permitted to question the complainant. I have never seen this permitted at a prior Ethic
Commission hearing. This sets a dangerous precedent that will further dissuade future
complaints. Code of Ethics, Section 2-332 (b) "The issue at hearing shall be whether the
violation alleged in the complaint occurred." The issue is not if the complainant had made a
campaign contribution long after he started obtaining credible evidence of the allegation. If I had
known before the hearing that the respondent and complainant would be permitted to question
each other, I would have prepared a list of questions for the respondent.
The witness, Mr. Roy, failed to place his hand on the bible when taking his oath. More than once
during his testimony he looks to Mr. Hernandez for guidance. He lied to the commissioners as I
pointed out in cross examination. When asked, by the Chair, about his meeting with Mr.
Hernandez on the 15th, "Did you meet with Mr. Engel also later that day?" Mr. Roy responded,
"No I did not." Evidence proves he met with Mr. Engel on the 15th after he met with Mr.
Hernandez. Later Mr. Roy admits he spoke with Mr. Engel at the yacht club. He did discuss the
merits and deficiencies. He said he knew the meeting happened at the yacht club. In response to
another ethics commissioner question he stated, "He only met with me once." He remembers that
Mr. Hernandez dropped off the MOU in the morning. Then he stated it was dropped off on the
14th. The ethics commissioner went over the evidence that shows he met with Mr. Hernandez two
times. Even after pointing this out to the commissioners, his testimony was still accepted. When
a witness lies under oath, beside it being possible he has committed perjury or aggravated
perjury, he is no longer a credible witness and his testimony should not be considered credible.
The Code of Ethics, Section 2-332 (b) "The commission shall make its determination based on
the preponderance of credible evidence in the record." It is important to look up the legal
definition of "preponderance of evidence." Mr. Roy was proven to be a non -credible witness and
his testimony was proven to be non -credible. It was that testimony that was used as evidence to
decide the complaint. According to the Code of Ethics, that evidence should not have been used
for the commission to "make its determination". The only "credible evidence" presented was the
legally obtained documents from Public Information Act requests. That credible evidence,
according to the Code of Ethics, should be the only evidence for the commission to make its
determination.
maybe there is an 8 point 2. I don't know. The city manager has yet to see that.
I'm sorry, the three of you were wrong. That is not the way we conduct business."
"It got out of hand. When you create a document that goes through 8 different
versions and certain council members were then included, so then more council
members were included that is not okay. It just is not."
The Mayor said it much better than I did. Evidence shows, Mike Pusley brought
discredit on the city.}
To conclude my letter, there are currently allegations the same five council members engaged in
deliberations before two other council meetings that occurred after these allegations in this
complaint regarding two separate issues. In these cases, the city manager placed the items on the
agenda so there was no need for council members to communicate among themselves. Don't
expect me to file complaints regarding these allegations. I spent over $900 for the public
information requests from the city. I spent numerous hours speaking with the Texas Attorney
General's office. I sent numerous certified letters to the Texas Attorney General's office arguing
for them to release the documents the City tried to withhold from me. I guess, I provided you
with about 5 percent of the documents I obtained. Your decision was based on non -credible
testimony from a witness who lied to you. You only decided on one of the two allegations. In my
opinion, you have given the green light to the five council members to continue to negotiate and
deliberate -behind the back of the Mayor and other council members and "behind closed doors
through multiple separate communications none of which the public has access."
These allegations had nothing to do with seawater desalination. They had to do with violating the
Texas Open Meeting Act and bringing discredit on the city. I found it very inappropriate that the
Chair went as far as stating about someone he knew who wrote a paper about desalination in the
1990s and how he is thankful we moved forward on desalination. It was inappropriate to be
brought up at the hearing and for him to give his personal views on it.
I challenge each of you to review the video of the meeting yourselves to catch what you may
have missed during the meeting. Then discuss it among yourselves to see how you can improve
the process for the next Ethics Commission hearing.
Regards,
John Weber
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