HomeMy WebLinkAboutMinutes City Council - 08/20/2024I 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 20, 2024 which
were approved by the City Council on August 27, 2024.
WITNESSETH MY HAND AND SEAL, on this the 27th day of August 2024.
(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
cctexas.com
SCANNED
City of Corpus Christi
Meeting Minutes
City Council
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Tuesday, August 20, 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 11:34 a.m.
B. Invocation to be given by Pastor Raul Elizondo with New Life at the Cross.
Pastor Raul Elizondo with New Life at the Cross gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Harleaux Arnold, 6th grader at Incarnate Word Academy.
Harleaux Arnold, sixth grader at Incarnate Word Academy, 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. 24-1363 Overview of City Senior Center Fitness Program, Betty Guerrero, Volunteer
Fitness Coordinator
City Manager Peter Zanoni introduced Volunteer Fitness Coordinator Betty Guerrero.
Ms. Guerrero has been volunteering for 16 years at the City Senior Center.
2. 24-1333 Texas Municipal League (TML) Municipal Policy Summit Recap, Presented
Ryan Skrobarczyk, Director of Intergovernmental Relations
Director of Intergovernmental Relations Ryan Skrobarczyk presented information on the
following topics: TML Municipal policy development process; 2025 Texas legislative
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landscape; general TML positions recommended; and TML Municipal policy
development.
Council Members and Director Skrobarczyk discussed the following topics: federal and
state legislative agendas will be presented to Council in the Fall; the importance of
receiving updates regarding property tax relief and emergency management; and
opportunities for local government advocates in Austin.
F. PUBLIC COMMENT
Mayor Guajardo opened public comment.
John Weber, 609 Naples St., presented information about the Corpus Christi Bay
model -Inner Harbor and La Quinta.
Joe Benavides, 410 Atlantic St., spoke about the Institute de Cultura Hispanica de
Corpus Christi Museum.
Susie Luna Saldana, 4710 Hake! Dr., expressed concern regarding clarification of facts
for a leadership role.
Joshua De Leon, 5914 Colorado Dr., spoke about expanding the City's smoking
prohibition ordinance.
Shawn Flanagan, 4218 Herndon St., recommended the City ask for volunteer lifeguards
for the Bill Witt swimming pool due to proposed budget cuts.
Rachel Caballero, 522 Hancock Ave., spoke in opposition to Item 6 and desalination.
Henry Williams, 2422 Summers St. and Marilena Garza, 702 Furman Ave., expressed
concern about the proposed budget cuts to reduce the homeless program positions.
Sara Cortez, 1417 Horne Rd. and Jesusa Garcia, 1638 Sycamore Place, stated they
would like the City to continue overseeing the Senior Center at Greenwood and not run by
another entity.
Chloe Torres, 3302 Casa Bonita Dr., expressed concern about the format of the
community input sessions and about proposed budget cuts to reduce the homeless
program positions.
Catherine Barnes, 520 S. Chapparal St., spoke in opposition to Item 6.
Daniel Pena, 2813 Hulbirt St., expressed concern about storm water fees and property
liens.
G. BRIEFINGS: (ITEM 3)
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3. 24-1367 Council Update from Port Commissioner Appointees
Port of Corpus Christi Commissioners David Engel and Gabe Guerra presented
information on the following topics: Port update August 2024-overall Port focus for 2024
and beyond; $65 billion capital investments ($12 billion foreign direct investments);
Corpus Christi ship channel improvement project status; Port of Corpus Christi
engineering department projects; a key U.S. strategic military seaport -Al Speight
Yard -military use; Al Speight Yard rail and drainage modifications; security command
and control center remodel and improvements; Ortiz Center interior improvements; and
desalination permit process overview and status.
Council Members, Commissioners Engel, Guerra, and Chief Executive Officer Kent
Britton discussed the following topics: the Port is working with potential clients to bring in
more economic development; the Port is reinvesting money back into infrastructure; the
Port's intention is to obtain a permit so the City can own and operate a desalination plant;
a request to continue pursuing permits for Harbor Island; the Port is working on the
permitting process for putting the discharge in the Gulf; the Port's economic impact to the
community; a concern about the health threat to Dona Park neighborhood near industry;
and the cost difference between fossil fuels and hydrogen.
H. BOARD & COMMITTEE APPOINTMENTS: (NONE)
I. EXPLANATION OF COUNCIL ACTION:
J. CONSENT AGENDA: (ITEMS 4 - 19)
Approval of the Consent Agenda
Mayor Guajardo referred to the Consent Agenda. Items 6, 11, 12, 13, 14, 15, and 16
were pulled for individual consideration. Item 9 was withdrawn.
Council Member Klein moved to approve the consent agenda with the exception of Items
6, 11, 12, 13, 14, 15, and 16, seconded by Council Member Pusley. The motion carried
by 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
4. 24-1390 Approval of the August 13, 2024 Regular Meeting Minutes
The Minutes were approved on the consent agenda.
Consent - Second Reading Ordinances
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5. 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 second reading on the consent agenda.
Enactment No: 033435
6. 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 6.
Council Members and City Attorney Miles Risley discussed the following topics: a
recommendation to cap legal expenses at $5,000; a concern about a conflict of interest if
the City Attorney refers outside legal counsel to city officials; and all city officials may hire
their own attorney to represent them.
Mayor Guajardo opened public comment.
John Weber, 609 Naples St., recommended an amendment to the ordinance.
Pat Craig, 5925 Tapestry Dr., spoke in opposition to the ordinance.
Mayor Guajardo closed public comment.
Council Member Klein moved to amend the ordinance to cap legal expenses at $1,000,
seconded by Council Member Campos.
Council Member Pusley moved to amend Council Member Klein's amendment by
capping legal expenses at $5,000, allowing City Attorney to pre -review cases, and
allowing city officials to hire their own attorneys (see attached ordinance), seconded by
Council Member Hunter and passed with the following vote: Council Members Barrera,
Hernandez, Hunter, Pusley, Roy and Suckley, voting, "yes"; and Mayor Guajardo and
Council Members Campos and Klein voting, "no".
Council Member Pusley moved to approve the ordinance as amended, seconded by
Council Member Barrera. This Ordinance was passed on second reading as amended
and approved with the following vote:
Aye:
Nay:
6 - Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council
Member Pusley, Council Member Suckley and Council Member Roy
3 - Mayor Guajardo, Council Member Klein and Council Member Campos
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Abstained: 0
Enactment No: 033436
7. 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 second reading on the consent agenda.
Enactment No: 033437
8. 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 second reading on the consent agenda.
Enactment No: 033438
9. 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.
This Item was withdrawn.
10. 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.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 033439
11. 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
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Fund revenue up to $393,888.30 to reimburse the developer in accordance with
the agreement. (District 5).
Mayor Guajardo referred to Items 11-16.
Council Members, City Manager Peter Zanoni, and Director of Development Services Al
Raymond discussed the following topics: a concern about the trust fund having a
negative balance; a recommendation to allow the Capital Improvements Advisory
Committee (CIAC) to review trust funds versus impact fees; a desire to vote on impact
fees or trust funds prior to October 1, 2024; the purpose of these reimbursement
agreements is to get water and wastewater lines to the development that are funded
through the utility funds; the developers still contribute to the trust fund; and if the impact
fees are approved, they would take effect October 1, 2025.
Council Member Barrera moved to approve Items 11-16, seconded by Council Member
Hunter. The ordinances were passed on second reading and approved with the following
vote:
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
Nay: 1 - Council Member Klein
Abstained: 0
Enactment No: 033440
12. 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 11.
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
Nay: 1 - Council Member Klein
Abstained: 0
Enactment No: 033441
13. 24-1317 Ordinance authorizing a Wastewater Trunk Line Construction and
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
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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 11.
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
Nay: 1 - Council Member Klein
Abstained: 0
Enactment No: 033442
14. 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 11.
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
Nay: 1 - Council Member Klein
Abstained: 0
Enactment No: 033443
15. 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 11.
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
Nay: 1 - Council Member Klein
Abstained: 0
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Enactment No: 033444
16. 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)
See Item 11.
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
Nay: 1 - Council Member Klein
Abstained: 0
Enactment No: 033445
Consent - Contracts and Procurement
17. 24-1156
Motion authorizing execution of a one-year service agreement, with two one-year
options, with Horacio Carrillo III, dba Carrillo's Welding Services "CWS", of
Corpus Christi, in an amount not to exceed $104,100.00, with a potential amount
up to $312,300.00 if options are exercised, for welding and fabrication services
for Solid Waste Services, with FY 2024 funding of $8,675.00 from the General
Fund.
This Motion was passed on the consent agenda.
Enactment No: M2024-131
18. 24-1224 Motion authorizing execution of a three-year service agreement, with two
one-year options, for professional auditing services with Weaver and Tidwell,
LLP, of Houston in an amount not to exceed $794,200.00, with a potential up to
$1,364,513.00 if options are exercised, with funding of $264,733.33 from the
FY2025 General Fund, subject to future budget approval.
This Motion was passed on the consent agenda.
Enactment No: M2024-132
19. 24-1071 Motion authorizing amendment No. 4 to the professional services contract with
Pape -Dawson Engineers, Inc of San Antonio, Texas, for additional meetings
already conducted with the Capital Improvement Advisory Committee (CIAC)
and City Staff, in the amount of $38,000.00 for a total amount not to exceed
$3,981,700.
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This Motion was passed on the consent agenda.
Enactment No: M2024-133
K. RECESS FOR LUNCH
Mayor Guajardo recessed the Council meeting for lunch at 2:04 p.m. Executive Session
Item 20 was held during the lunch recess. Mayor Guajardo reconvened the meeting at
3:05 p.m.
L. PUBLIC HEARINGS: (NONE)
M. INDIVIDUAL CONSIDERATION ITEMS: (NONE)
N. EXECUTIVE SESSION: (ITEM 20)
Mayor Guajardo referred to Executive Session Item 20. The Council went into Executive
Session at 2:04 p.m. The Council returned from Executive Session at 3:05 p.m.
20. 24-1364 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.
O. ADJOURNMENT
There being no further business, Mayor Guajardo adjourned this meeting at 4:04 p.m.
City of Corpus Christi
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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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
Section 1. The requirement for the Ethics Commission review of City Council
changes to the Ethics Code under § 2-326(a)(1) is hereby waived and Subsection 2-330
of the City Code is amended to read as follows:
Sec. 2-330. - Complaints.
(a) A sworn complaint alleging violation of the code of ethics shall specify the provisions
of the Rules of Conduct (section 2-311) alleged to have been violated and facts alleged to
constitute the violation. In lieu of a complaint sworn to under oath, the complainant may
subscribe to the complaint using an unsworn declaration prepared in compliance with the
Texas Unsworn Declaration Act, V.T.C.A., Civil Practice and Remedies Code ch. 132, as
amended.
(b) Upon the valid complaint of any one f1) person filed with the city secretary's office,
the commission shall consider possible violations of the code of ethics by city officials and
board members and former city officials and board members other than members of this
commission. In addition, the commission shall consider such possible violations when
referred to it as a complaint by majority vote of all council members holding office and
qualified to vote thereon. The council may direct the city attorney to draft such referred
complaint, which shall be reviewed as other complaints hereunder. The council members
voting for the complaint shall sign the complaint.
(c) A complaint alleging a violation by a city official or board member must be filed with
the city secretary within six (6) months from the date the complainant(s) knew
or should have known of the action alleged as a violation, and not afterward.
(d) {1) The city secretary, after receiving a complaint submitted in accordance with
subsection (a) and (c) above, shall, within three f3)working days, acknowledge
receipt to the complainant and provide a copy to the city attorney, the commission, and the
persart city official or board member complained against ("the respondent").
e) (1) The city attorney shall conduct a preliminary review of the complaint within 7
business days after receipt and issue determination whether the complaint (i) is
sufficient as to form and (ii) alleges sufficient facts which. if true, would constitute a
prima facie violation of the Rules of Conduct. The city attorney shall provide the
commission, the city secretary. the complainant and the respondent with written
notice of such determination.
(2) The complaint is dismissed upon determination that the complaint failed to
comply with (i) or (ii) above. subject to complainant's right to appeal such dismissal
to the commission within 10 business days of dismissal. This appeal must be in
writing, sworn to in compliance with subsection (a) above. and state the grounds for
the appeal. The complainant shall provide the appeal to the city secretary who will
then forward a copy to the commission, the city attorney and the respondent within
three business days of receipt.
(3) The respondent shall have 10 business days to submit a written response to the
commission after a preliminary determination of the city attorney that the complaint
complies with (i) and (ii) above, or afterproper appeal is forwarded to the commission
in compliance with subsection (e)(2).
(4) Within 30 business days after commission's receipt of (a) the determination of the
city attorney that the complaint complies with (i) and (ii) above or (b) an appeal by the
complainant in compliance with subsection (e)(2). the commission shall determine
whether to schedule a hearing or take other action concerning the complaint. Such
determination shall be made during a meeting of the commission by majority vote of
all commissioners present.
{
(5)The complainant shall have one {�) opportunity within fifteen (15) ea -tend -at 10
business days of any denial of their original complaint by the commission to amend
their complaint and refile the same with the commission.
{e) (f) If the commission determines such party's complaint or defense was groundless, legal
fees incurred bythe complainants, the commission, and the party complained against, in an
amount determined reasonable by the commission may be awarded against the
unsuccessful party. "Groundless" means: (1) without basis or fact; or (2) not warranted by
law or reasonably arguable interpretation thereof. The complainants shall not be liable for
such fees if the commission has determined grounds exist for a hearing. The city will pay
reasonable fees for legal representation of the respondent through conclusion of a
commission hearing in an amount not to exceed $5,000, subject to city's right to repayment
through salary and/or stipend deductions of the respondent in the event commission finds
a violation has occurred.
Section 2. All provisions of the ordinances of the City of Corpus Christi in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other
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provisions of the ordinances of the City of Corpus Christi not in conflict with the provisions
of this Ordinance shall remain in full force and effect.
Section 3. Should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same
shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect
the validity of the Code of Ordinances as a whole.
Section 4. This ordinance shall become effective October 1, 2024. Publication
shall be made in the official publication of the City of Corpus Christi as required by the
City Charter of the City of Corpus Christi.
Introduced and voted on the day of , 2024.
PASSED and APPROVED on the day of , 2024.
Paulette M. Guajardo, Mayor Rebecca L. Huerta, City Secretary
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