HomeMy WebLinkAboutMinutes City Council - 10/29/2013 I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of October 29, 2013 which were approved by the City
Council on November 12, 2013.
WITNESSETH MY HAND AND SEAL, on this the 12th day of November, 2013.
rmando Chapa
City Secretary
SEAL
INDEXED
Corpus Christi Corpus Leopard Street
� P Corpus Christi,TX 78401
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Meeting Minutes
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City Council
Tuesday,October 29,2013 11:30 AM Council Chambers
Public Notice--THE USE OF CELLULAR PHONES AND SOUND ACTIVATED
PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING
MEETINGS OF THE CITY COUNCIL.
A. Mayor Nelda Martinez to call the meeting to order.
Mayor Martinez called the meeting to order.
B. Invocation to be given by Pastor Rod Young, Church of Hope
Pastor Rod Young gave the invocation.
C. Pledge of Allegiance to the Flag of the United States.
Ms.Esther Velazquez,Assistant to the City Manager gave the Pledge of
Allegiance.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Assistant City Secretary Rebecca Huerta called the roll and stated that a
quorum of the Council and the required Charter Officers were present to
conduct the meeting.
"Note:Councilmember Magill arrived at 11:43 a.m.
Charter Officers:
Assistant City Manager Margie Rose,Interim City Attorney Lisa Aguilar,and
Assistant City Secretary Rebecca Huerta
Present: 9- Council Member Kelley Allen,Council Member Priscilla Leal„Councli
Member David Loeb„Mayor Nelda Martinez„Councii Member Mark
Scott,Council Member Chad Magill,Council Member Colleen
Mclntyre.Council Member Lillian Rioiasa and Council!Member Rudy Garza
E. Proclamations 1 Commendations
1. Proclamation declaring November 4-8, 2013 as"Municipal Courts
Week”
Proclamation declaring November 2013 as"Pulmonary Hypertension
Awareness Month”
Certificate of Commendation Presentation to the Waldron Road
Baptist Church
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Mayor Martinez presented the Proclamations and Commendation.Mayor
Martinez also conducted the swearing-in ceremony for newly appointed Board,
Commission and Committee members.
G. CITY MANAGER'S COMMENTS 1 UPDATE ON CITY OPERATIONS:
Mayor Martinez deviated from the agenda and referred to City Manager's
Comments.Assistant City Manager Margie Rose reported on the following
issues:1)Deputy Director of Water Operations Brian Butscher provided a brief
update on water releases,the elevation of lake levels,and water projections
over a two year period.2)George Evans Elementary School will be visiting City
Hall for their Annual Halloween Walk at 9:00 a.m.on October 31,2013.
I. MINUTES:
3. Regular Meeting of October 22, 2013
A motion was made by Council Member Garza,seconded by Council Member
McIntyre that the Minutes be passed.The motion carried by a unanimous vote.
J. BOARDS &COMMITTEE APPOINTMENTS:
None.
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 4-19)
Approval of the Consent Agenda
Mayor Martinez called for the consent agenda.Mayor Martinez asked for
comments from the public and the following citizen spoke:Johnny French
spoke regarding item 13 on the day's agenda related to the revised project and
financing plan for Reinvestment Zone Number Two and the Packery Channel
projects.There were no comments from the Council.The consent agenda was
passed on one vote as follows:
Aye: 9- Council Member Allen, Council Member Leal,Council Member Loeb,
Mayor Martinez, Council Member Scott,Council Member Magill,Council
Member McIntyre,, Council Member Rioias and Council Member Garza
Abstained: 0
4. Purchase of specialized equipment for emergency response
capabilities
Motion authorizing the purchase of specialized equipment for a total
amount of$76,864.19 utilizing funds from the 2011 Homeland Security
Grant awarded to the City of Corpus Christi and budgeted in the Fire
Grant Fund 1062.
This Motion was passed on the Consent Agenda.
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Enactment No:M2013-163
5. Contract for Vital Statistics Unit grant for administration of duties
A motion authorizing the City Manager or his designee to execute a
contract with the Department of State Health Services for the
administration of duties performed by the Vital Statistics Unit of the
Health Department and for the payment of record fees in the amount
of$1.83 per printed record due to the State; and to ratify acceptance
of the contract to begin as of September 1, 2013,
This Motion was passed on the Consent Agenda.
Enactment No M2013-164
6. Second Reading Ordinance-Accepting and appropriating funds
for the Violence Against Women (VAWA)grant(1st Reading
10122113)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the State of Texas,
Criminal Justice Division in the amount of$43,823.74 for Year 14 of
the Violence Against Women (VAWA) Program within the Police
Department with a City match of$16,573.28 and an in-kind match of
$8,928 from the No. 1020 Police General Fund; appropriating the
$43,823.74 in the No. 1061 Police Grants Fund for the VAWA grant in
the Police Department; and authorizing the transfer of$16,573.28
from the No. 1020 Cash Contribution to the No. 1061 Police Grants
Fund and appropriating the same for a total project cost of
$69,325.02.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:029986
7. Second Reading Ordinance-Accepting and appropriating
Federal grant for the FY 2013 Port Security Grant Program (1st
Reading 10122113)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant in the amount of$66,191 from
the U.S. Department of Homeland Security FEMA for funding eligible
under the FY 2013 Port Security Grant Program to purchase law
enforcement equipment for the Police Department, with a City match
of$22,064 for a total project cost of$88,255, and appropriating the
$66,191 in the No. 1061 Police Grants Fund..
This Ordinance was passed on second reading on the ConsentAgenda.
Enactment No:029987
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8. Second Reading Ordinance-Accepting and appropriating State
grant increase to the State Homeland Security Grant Program
(SHSP)(1st Reading 10122113)
Ordinance authorizing the Mayor or designee to execute all
documents necessary to accept a grant adjustment from the Texas
Department of Public Safety/Texas Homeland Security State
Administrative Agency (TXHLS-SAA) to increase the amount from
$45,221.80 to$60,678.80 for FY 2012 Homeland Security Grant
Program (HSGP), State Homeland Security Program (SHSP); and
appropriating$15,457.00 from the Texas Department of Public
SafetylTexas Homeland Security State Administrative Agency
(TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP),
State Homeland Security Program (SHSP), into the No. 1062 Fire
Grants Fund to carry out homeland security projects that will
significantly improve local and regional terrorism prevention,
preparedness, response, and recovery capabilities.
This Ordinance was passed on second reading on the ConsentAgenda.
Enactment No 029988
9. Second Reading Ordinance-Accepting and appropriating the FY
13-14 Senior Companion Program (SCP)grant(1st Reading
10/22113)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a$264,007 grant awarded by the
Corporation for National and Community Service; appropriating the
$264,007 grant in the No. 1067 Parks and Recreation Grants Fund;
transferring $76,903 from the No. 1020 General Fund to the No. 1067
Parks and Recreation Grant Fund as City matching funds for the
Senior Companion Program and appropriating the $76,903 in the No.
1067 Parks and Recreation Grant Fund.
This Ordinance was passed on second reading on the ConsentAgenda.
Enactment No 029989
10. Second Reading Ordinance-Accepting and appropriating a local
grant for the Senior Companion Program (1st Reading 10122113)
Ordinance authorizing the City Manager, or designee, to execute all
documents necessary to accept and appropriate a grant in the amount
of$10,000 from Mirador-to be used for stipends, mileage, meals and
recognition of volunteers of the Corpus Christi Senior Companion
Program.
This Ordinance was passed on second reading on the ConsentAgenda.
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Enactment No:029990
11. Second Reading Ordinance-Accepting and appropriating a
Federal grant for the Retired Senior Volunteer Program (RSVP)
(1st Reading 10122113)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a $46,934 grant awarded by the
Corporation for National and Community Service for the Retired
Senior Volunteer Program; appropriating the$46,934 grant in the No,
1067 Parks and Recreation Grants Fund; transferring$79,173 from
the No. 1020 General Fund to the No. 1067 Parks and Recreation
Grant Fund as City matching funds for the Retired Senior Volunteer
program and appropriating the $79,173 in the No. 1067 Parks and
Recreation Grant Fund.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No;029991
12. Second Reading Ordinance-Amending the Code of Ordinances
to establish a formal memorial bench and tree program (1st
Reading 10122113)
Ordinance amending the Code of Ordinances, City of Corpus Christi,
Chapter 36 regarding memorial tree and park bench program;
providing for severance; and providing for publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No 029992
13. Second Reading Ordinance-Adopting amendment to the revised
project and financing plans for Reinvestment Zone Number Two;
amending budget; appropriating funds for current year in Packery
Channel Improvement Program (CIP)fund; approving contract for
continued Packery Channel monitoring (1st Reading 10122113)
Ordinance approving and adopting an amendment to the Revised
Project and Financing Plans for Reinvestment Zone Number Two, City
of Corpus Christi, dated September 29, 2009, as recommended by the
Island Strategic Action Committee, the Board of Directors North Padre
Island Development Corporation, and the Reinvestment Zone#2
Board of Directors; approving and adopting the Reinvestment Zone
Number Two, City of Corpus Christi FY 2013-2014 Budget as
recommended by the Island Strategic Action Committee, the Board of
Directors North Padre Island Development Corporation, and the
Reinvestment Zone#2 Board of Directors; appropriating and
transferring $510,000 from the Unreserved Fund Balance in Fund
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1111 Reinvestment Zone#2 to and appropriating in the No. 3278
Packery Channel Projects TIF#2 fund for the approved Fiscal Year
2014 projects; Changing the FY 2014 Operating Budget adopted by
Ordinance No. 029915 to increase expenditures by$510,000; and
authorizing the City Manager, or his designee, to execute Amendment
No. 8 to the contract between the City and Texas A& M
University-Corpus Christi in the amount of$349,755 for a restated fee
not to exceed $1,897,783 for Packery Channel Monitoring Fiscal Year
2013-2014.
This Ordinance was passed on second reading on the ConsentAgenda.
Enactment No:029993
14. Second Reading Ordinance-Construction contract for Oso Bay
Area Park Development, Phase 2(BOND 2008) (1st Reading
10122113)
Ordinance amending the FY 2014 Capital Improvement Budget
adopted by Ordinance No. 029916, to include$450,000 from Fund
4720 Community Enrichment Fund; transferring $196,265 from Fund
3480 Storm Water CIP Fund Reserves, $288,210 from Fund 4088
Water CIP Revenue Bond Fund Reserves, $319,740 from Fund 4510
Wastewater Capital Reserves, and $289,895 from Fund 3544 Street
2007A CIP Fund Reserves to the Oso Creek 1 Oso Bay Area Park
Development Project(Bond 2008); increasing expenditures in the
amount of$1,544,110; and authorizing the City Manager, or his
designee, to execute a construction contract with Reytec Construction
Resources, Inc. of Houston, Texas in the amount of$4,215,816.00 for
the Oso Bay Area Park Development, Phase 2 project for the Base
Bid only.
This Ordinance was passed on second reading on the ConsentAgenda.
Enactment No:029994
15. Second Reading Ordinance -Lease agreement for farm and
grazing airport acreage(1st Reading 10122113)
Ordinance authorizing the City Manager, or designee, to execute a
Farm and Grazing Lease Agreement with James P. Kelly to farm and
graze approximately 28.28 acres of farm land located at the Corpus
Christi International Airport, in consideration of an annual payment to
the City of$15 per leased acre for a term of five 5 years.
This Ordinance was passed on second reading on the ConsentAgenda.
Enactment No:029995
16. Second Reading Ordinance- Agreement and appropriation of
funds for disposal of brush, bulky Items,and construction and
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demolition materials (1st Reading 10122113)
Ordinance authorizing the City Manager, or designee, to execute an
Agreement for the disposal of brush, bulky items, and construction
and demolition materials with MSW Corpus Christi Landfill Ltd., a
Texas limited partnership, and Gulley-Hurst LLC, a Texas limited
liability company; appropriating $150,000 of anticipated revenue in the
No. 1020 General Fund and changing the FY 2013-2014, Operating
Budget adopted by Ordinance 029915 by increasing Revenues and
Expenditures by $150,000.00 each.
This Ordinance was passed on second reading on the ConsentAgenda.
Enactment No:029996
17. Second Reading Ordinance-Service agreement and
appropriation of funds for a route optimization program for Solid
Waste Services(1st Reading 10122113)
Ordinance appropriating $335,196 from the unappropriated fund
balance in the No. 1020 General Fund into the Operating Budget of
the Solid Waste Department in the 1020 General Fund for the
purchase of a Route Optimization Program for Refuse and Recycling
Collection; changing the FY 2013-2014 Operating Budget adopted by
Ordinance 029915 by increasing appropriations by $335,196 in the
No, 1020 General Fund; and awarding a service agreement to provide
software, hardware and installation of a route optimization program
with WM Logistics LLC, Magnolia, Texas, in accordance with Bid
Invitation No. BI-0156-13, based on most advantageous proposal, for
a total amount of$335,196,
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:029997
18. Second Reading Ordinance- Hotel Occupancy Tax funds for
convention center capital/maintenance(1st Reading 10122113)
Ordinance appropriating $1,591,601.36 from reserved fund balance in
the No. 1030 Hotel Occupancy Tax Fund for Convention Center
Capital/Maintenance at the American Bank Center; changing the FY
2013-2014 Operating Budget adopted by Ordinance No. 029915 by
increasing expenditures by$1,591,601,.36.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:029998
19. Second Reading Ordinance-Ratifying the acceptance of and
appropriating State grant; execution of contract for early
childhood literacy programs (1st Reading 10122113)
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Ordinance ratifying the acceptance of a$7,525 grant from the Texas
State Library and Archives Commission (TSLAC) and execution of the
contract and all related documents with TSLAC to participate in the
Impact Grant Program for the period of September 1, 2013 through
August 31, 2014; and appropriating $7,525 from the TSLAC in the
Library Grants Fund No, 1068 to continue the TSLAC Impact Grant
Program through the period of September 1 7 2013 through August 31
2014,
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:029999
F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT
PRESENTATIONS TO THREE MINUTES.A recording is made of the meeting;
therefore, please speak Into the microphone located at the podium and state
your name and address. If you have a petition or other Information pertaining to
your subject,please present it to the City Secretary.
PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY
COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT
LENGTH.THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING:
1. MAKE A STATEMENT OF FACTUAL INFORMATION.
2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY.
3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN
AGENDA AT A LATER DATE.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER,STAFF PERSON, OR
MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS,ACCUSE, OR
SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF,
COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS
POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT
RIGHTS.
Mayor Martinez deviated from the agenda and called for comments from the
public.Brian Watson spoke regarding the long term water situation in Texas.
M. PUBLIC HEARINGS: (NONE)
N. REGULAR AGENDA: (ITEM 20)
20. Resolution amending council policy number nine
Resolution amending Council Policy No. 9 entitled Community
Development Block Grant and HOME Programs by revising the
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language regarding the CDBG acronym„ the language of sections e,
and f. and by adding a section g,; and reaffirming the objectives and
guidelines of the policy,
Mayor Martinez deviated from the agenda and referred to Item 20.Director of
Neighborhood Services Eddie Ortega stated that he presented this item at last
week's meeting for the purpose of amending Council policy No.9.In response
to a Council Member,Mr.Ortega reported that staff has not requested funding
for CDBG eligible areas for streets.There were no comments from the public.
This Resolution was passed and approved with the following vote:
Aye: 9- Council Member Allen,Council Member Leal,Council Member Loeb„
Mayor Martinez, Council Member Scott,Council Member Magill,Council
Member McIntyre,.Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No 030000
H. EXECUTIVE SESSION: (ITEM 2)
Mayor Martinez deviated from the agenda and referred to the day's executive
session.The Council went into executive session.
2. Executive Session pursuant to Texas Government Code Section
551.074 Personnel Matters to deliberate the appointment of the City
Secretary with possible discussion and action in open session.
The Council returned from executive session.Mayor Martinez stated that the
following motion was discussed in e-session for Council consideration:
Motion to invite the following finalists to interviews scheduled on Thursday,
October 31,2013 beginning at 10:00 a.m.: Deborah Balli,Sandra Hernandez,
Rebecca Huerta,Diana Rosas,and Annette Villarreal.
Council Member Scott made a motion to approve the motion as presented,
seconded by Council Member Loeb and passed.
Aye: 9- Council Member Allen„Council Member Leal,Council Member Loeb,
Mayor Martinez„Council Member Scott,Council Member Magill,Council
Member McIntyre„Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No:M2013-162
O. FIRST READING ORDINANCES: (ITEMS 21 -23)
21. First Reading Ordinance-Designating the City as designated
caretaker of impounded animals
Ordinance amending section 6-1(a) "definitions" by adding the
definition of designated caretaker; amending section 6-103(g)(1)
"Dispositions of animals"of the Corpus Christi Code by designating
the City as designated caretaker of impounded animals; providing an
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effective date; providing for severance; and providing for publication.
Mayor Martinez referred to Item 21.Police Chief Floyd Simpson stated that the
purpose of this item is to amend Section 6.1(a)by adding the definition
designating Animal Control as a designated caretaker for the animals.Mayor
Martinez called for comments from the public and there were none.Council
members asked questions regarding the following issues:whether the
ordinance language addressed the criteria established by state law and
training for vaccinating animals.This Ordinance was passed on first reading
and approved with the following vote:
Aye: 9- Council Member Allen,Council Member Leal,Council Member Loeb„
Mayor Martinez,Council Member Scott,Council Member Magill,Council
Member McIntyre,:Council Member Riojas and Council Member Garza
Abstained: 0
22. First Reading Ordinance - Accepting and appropriating State
grant funds for Women, Infants and Children grant(WIC)
Ordinance authorizing the City Manager, or his designee, to execute
all documents necessary to accept and appropriate a grant in the
amount of $447,758.00 from the Texas Department of State Health
Services in the Health Grants Fund No, 1066, to provide funds for the
Women, Infants, and Children (WIC) program; and to ratify
acceptance of the grant to begin as of October 1, 2013
Mayor Martinez referred to Item 22.Director of Public Health Annette Rodriguez
stated that the purpose of this item is to accept and approve a grant from the
Texas Department of State Health Services with a term from October through
March in the amount of$417,758 to continue to provide nutritional education
and resources for low income pregnant women,infants and children.There
were no comments from the Council or the public.This Ordinance was passed
on first reading and approved with the following vote:
Aye: 9- Council Member Allen,Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Scoft, Council Member Magill,Council
Member McIntyre,Council Member Riojas and Council Member Garza
Abstained: 0
23. First Reading Ordinance-Appropriating funds to reimburse the
developer for the construction of a wastewater lift station
Ordinance appropriating $411,387.25 from the No. 4220 Sanitary
Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real
Estate Group, Inc., ("Developer") for the construction of Tortuga
Dunes/Zahn Road/Packery Channel wastewater lift station and force
main improvements in accordance with the approved reimbursement
agreement executed with the Developer.
Mayor Martinez referred to Item 23.Senior Project Manager Julio Dimas stated
that the purpose of this item is to appropriate$441,387.25 from the Sanitary
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Sewer Trunk System to reimburse Forester Real Estate Group Inc.for the
construction of a wastewater lift station and force main improvements.There
were comments from the Council or the public.This Ordinance was passed on
first reading and approved with the following vote:
Aye: 9- Council MemberAllen,Council Member Leal, Council Member Loeb
Mayor Martinez,Council Member Scott;Council Member Magill, Council
Member McIntyre,Council Member Riojas and Council Member Garza
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 24-281
Mayor Martinez referred to the Future Agenda.Assistant City Manager Margie
Rose stated that staff did not have any planned presentation for Items 24-28.
Council members requested presentations on Items 24,25,and 26.
24. Lease purchase of eight(8) CNG freightliner trucks with trash
bodies for brush collection
Motion approving the lease-purchase of eight(8) Freightliner trucks
with trash bodies from Freightliner of Houston, Houston, Texas for a
total amount of$1,573,114.00. The award is based on the cooperative
purchasing agreement with the Houston-Galveston Area Council of
Governments(HGAC). Funding is available from the city's
lease-purchase financing contractor.
This Motion was recommended to consent agenda.
25. Lease purchase of six (6) CNG Peterbllt trucks with automated
side loaders for refuse collection
Motion approving the lease-purchase of six(6) Peterbilt trucks with
automated side loaders from Rush Truck Centers of Texas, L.P.,
Houston, Texas for a total amount of$1,897,112.00. The award is
based on the cooperative purchasing agreement with the Texas Local
Government Purchasing Cooperative (TLGPC). Funding is available
from the city's lease-purchase financing contractor.
This Motion was recommended to consent agenda.
26. Supply agreement for water meters and registers
Motion approving a supply agreement with Neptune Technology
Group, Inc., Tallassee, Alabama for water meters and registers for a
total estimated expenditure of$635,966.48. The award is based on
the cooperative purchasing agreement with the Houston-Galveston
Area Council of Governments (HGAC). The term of the agreement
shall be for nine (9) months. Funds have been budgeted by the Water
Department in FY 2013 -2014.
This Motion was recommended to consent agenda.
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27. Engineering monitoring contract-for salinity and freshwater
inflow monitoring Rincon Bayou Diversion -Nueces Bay System
Motion authorizing the City Manager, or designee, to execute a
Contract for Monitoring Services with the Conrad Blucher Institute at
Texas A&M University-Corpus Christi in the amount of$94,605.00 for
Rincon Bayou Diversion -Nueces Bay System Salinity and Freshwater
Inflow Monitoring 2013-2014.
This Motion was recommended to consent agenda.
28. Engineering monitoring contract-for Nueces River water quality,
Oso Creek water level and City of Corpus Christi meteorological
monitoring
Motion authorizing the City Manager, or designee, to execute
Amendment No. 3 to the Contract for Monitoring Services with the
Conrad Blucher Institute at Texas A&M University-Corpus Christi in
the amount of$93,381.00, for a total restated fee of$456,642.00 for
Nueces River Water Quality, Oso Creek Water Level & City of Corpus
Christi Meteorological Monitoring 2013.
This Motion was recommended to consent agenda.
Q. BRIEFINGS TO CITY COUNCIL: (NONE)
R. ADJOURNMENT
The meeting was adjourned at 1:17 p.m.
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