HomeMy WebLinkAboutMinutes City Council - 05/21/2019 ?0 Ihi SST'
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 May 21, 2019
which were approved by the City Council on June 11, 2019.
WITNESSETH MY HAND AND SEAL, on this the 11th day of June 2019.
Rebecca Huerta
City Secretary
Corpus Christi, Texas
(SEAL)
City of Corpus Christi
Rebecca Huerta, City Secretary
P.O. Box 9277
Corpus Christi,Texas 78469-9277
(361)826-3105
rebeccah@cctexas.corn
SCANNED
apt City of Corpus Christi 1201 Leopard Street
M Corpus Christi,TX 78401
cctexas.com
Meeting Minutes
,ate
City Council
Tuesday,May 21,2019 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.
MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO
ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS
WILL BE LIMITED TO THREE MINUTES. 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.Any electronic media (e.g. CD, DVD, flash drive)that the Public would
like to use while they speak to the City Council MUST be submitted a minimum of
24 hours prior to the meeting. Please contact the Public Communications
department at 361-826-3211 to coordinate.
A. Mayor Joe McComb to call the meeting to order.
Mayor McComb called the meeting to order at 11:33 a.m.
B. Invocation to be given by Deacon Michael Mantz, Diocese of Corpus Christi.
Deacon Michael Mantz gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Margaret Morin, Utility Business Office Manager, Finance Department.
Margaret Morin led the Pledge of Allegiance to the flag of the United States
and the Texas flag.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
Assistant City Secretary Paul Pierce called the roll and verified that a quorum
of the City Council and the required Charter Officers were present to conduct
the meeting.
Charter Officers:
City Manager Peter Zanoni,City Attorney Miles K.Risley,and Assistant City
Secretary Paul Pierce.
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Present: 9- Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy
Garza,Council Member Paulette Guajardo,Council Member Gil
Hemandez,Council Member Michael Hunter,Council Member Ben
Molina,Council Member Everett Roy, and Council Member Greg Smith
CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
b. OTHER
Mayor McComb deviated from the agenda,referred to City Manager's
Comments and introduced the new city manager,Peter Zanoni.
City Manager Zanoni introduced himself and outlined his vision.
E. Proclamations/Commendations
1. Proclamation declaring May 19-25, 2019, "Emergency Medical Services
Week".
Proclamation declaring May 19-25, 2019, "National Public Works Week".
Proclamation declaring May 2019, "Motorcycle Safety and Awareness
Month".
Proclamation declaring June 3-9, 2019, "PRIDE Week".
Proclamation declaring June 9-19, 2019, "154th Anniversary of the
Juneteenth Celebration, the Spirit of Emancipation Days".
Recognition of Drue Jones, Goodwill Ambassador.
Swearing-In Ceremony for Newly Appointed Board, Commission,
Committee and Corporation Members.
Mayor McComb presented the proclamations and recognition and conducted
the swearing-in ceremony.
J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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 choose to speak during this
public comment period regarding an item on the agenda, you may do so. You will
not be allowed to speak again, however, when the Council is considering the
item. Citizen comments are limited to three minutes. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary. Any electronic media (e.g. CD, DVD,flash drive)that the Public would
like to use while they speak MUST be submitted a minimum of 24 hours prior to
the Meeting. Please contact the Public Communications department at
361-826-3211 to coordinate.All items on this agenda are considered public
hearings.
Mayor McComb deviated from the agenda and referred to comments from the
public.City Attorney Miles K.Risley read the Rules of Decorum for the Council
Chambers.Assistant City Secretary Paul Pierce conducted the public comment
period.
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Jack Gordy,4118 Bray Dr.,spoke regarding blocked sidewalks. Reinaldo
Figueroa,221 Lola Johnson Rd.,spoke in opposition to agenda item 27 relating
to rezoning of property at or near 2110 Laguna Shores Road. Larry Ortega,
6765 Wood Iron,spoke regarding contract-related issues related to agenda
item 31,custodial services for outlying police buildings. Gloria Scott,4422 S.
Alameda invited City Manager Peter Zanoni to upcoming events held at the
Oveal Williams Center,to the Hillcrest neighborhood and to the
African-American Museum in Solomon Coles High School. Hunter Sterchi,237
Lola Johnson spoke in opposition to agenda item 27 relating to rezoning of
property at or near 2110 Laguna Shores Road. Bech Bruun,15 Beachwood,
Rockport,Texas,spoke regarding area water planning. Sylvia Tryon Oliver,
2814 Roger Street,spoke regarding diversity planning. Susie Luna Saldana,
4710 Hakel,welcomed new City Manager Peter Zanoni. Margareta Fratila,
3606 Tripoli Dr.,welcomed new City Manager Peter Zanoni and spoke
regarding water billing issues. Vernon Cordova,3137 Crest Valley,spoke
regarding water billing issues. Robyn Cobb,7032 Lake View Dr.,spoke
regarding concerns relating to agenda item 18,Urban Transportation Plan
Amendment for the Regional Parkway. John Medina,4931 Mokry Dr.,thanked
council members for listening and welcomed new City Manager Peter Zanoni.
F. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS:
Mayor McComb deviated from the agenda and referred to City Manager's
Comments. City Manager Peter Zanoni reported on the following topics:
OTHER
1) The City's seven pools will open May 25,2019,hours of operation and
locations are available by calling the City at 826-PLAY or online at
www.ccparkandrec.com. 2) The Library Summer Reading Program is getting
underway.
a. UTILITY BILLING UPDATE
Interim IT Director Peter Collins reported on the following topics: delinquent
utility accounts and related grace period ending on June 30,2019;delinquent
notices; payment options;encouraging citizens with delinquent accounts to
make contact with the City;and citizen outreach efforts.
Interim Director Collins and council members discussed: anticipated call
volume related to delinquent accounts;getting the word out via social media;
the number of residential and commercial accounts on payment plans;
collection of delinquent accounts;and impending disconnections.
EXPLANATION OF COUNCIL ACTION:
Mayor McComb deviated from the agenda and referred to Item I.
Council Member Molina made a motion to reconsider Item 26, 19-0482,from
the May 14,2019 City Council agenda,discussion with possible action
regarding the process for City Charter Review,seconded by Council Member
Guajardo and passed unanimously.
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Council members discussed the following topics: the frequency with which the
City Charter can be amended;a comprehensive review of the City Charter;the
Charter Review Committee weighing in on possible target election dates;and
that the City Council should determine the election date.
Council Member Molina made a motion to form a charter review committee to
discuss a comprehensive review of the City Charter,with a focus on extending
city council terms to four years,city council compensation,and miscellaneous
housekeeping items,with a target election date to be determined by City
Council,seconded by Council Member Guajardo.
Council members discussed the following topics: previous City Charter
reviews;the pros and cons and associated costs of holding a Charter election
on various uniform election dates; having the City Council versus a charter
review committee reviewing the City Charter;and the applicability,to sitting
council members,of voter-approved changes to the City Charter.
Mayor McComb called for comments from the public. Rick Milby,4412 High
Ridge Drive,spoke regarding a past Charter Review Committee's
recommendation to increase city council members'compensation.
Council members also discussed obtaining citizen feedback during the charter
review process by duplicating the process used to solicit citizen feedback
during the recent city manager hiring process.
This motion was passed and approved by the following vote:
Aye: 7- Mayor McComb,Council Member Barrera,Council Member
Garza,Council Member Guajardo,Council Member Molina,
Council Member Roy,and Council Member Smith
Nay: 2- Council Member Hernandez and Council Member
Hunter
Abstained: 0
Enactment No:M2019-068
G. MINUTES:
2. Regular Meeting of May 14, 2019.
Mayor McComb deviated from the agenda and referred to approval of the
minutes. A motion was made by Council Member Rudy Garza,seconded by
Council Member Ben Molina,that the Minutes be passed.The motion carried
by a unanimous vote.
H. BOARD &COMMITTEE APPOINTMENTS: (NONE)
K. CONSENT AGENDA: (ITEMS 3 -23)
Approval of the Consent Agenda
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Mayor McComb referred to the Consent Agenda. Staff requested that Item 4 be
pulled for individual consideration and that Items 5 and 7 be withdrawn. A
member of the public requested that Item 18 be pulled for individual
consideration. Council members requested that Items 10 and 20 be pulled for
individual consideration.
Council Member Smith made a motion to approve the Consent Agenda,
seconded by Council Member Garza. The consent agenda items were passed
and approved by one vote as follows:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
3. Service Agreement for Dispatch and Lot Management System
Software for Impound and Rotation Tows
Motion authorizing a five-year service agreement for Dispatch and Lot
Management System software for impound and rotation tows with UR
International, Inc. of Sugar Land, Texas for a total amount not to exceed
$135,000.
This Motion was passed on the consent agenda.
Enactment No: M2019-069
5. Motion authorizing a two-year service agreement for radio system
consulting services for the Police Department with Trott Communications
Group, Inc. of Irving, Texas fora total amount not to exceed $129,010
funded through the Law Enforcement Trust Fund.
This Motion was withdrawn.
6. Supply Agreement for Automotive Parts for the Fire Department
Motion authorizing a three-year supply agreement for automotive parts
with Advance Stores Company of Raleigh, North Carolina via U.S.
Communities cooperative for an amount not to exceed $105,000.
This Motion was passed on the consent agenda.
Enactment No: M2019-070
7. Motion awarding a contract to Mako Contracting, LLC in the amount of
$603,463.91 for construction associated with Tennis Center Repairs and
Upgrades, including removing and replacing three (3) existing tennis
courts at the HEB Tennis Center funded by the 2012 Park Bond
Program.
This Motion was withdrawn.
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Enactment No: M2019-108
8. Professional Services Contract Amendment No.4 for the Central
Library Roof Replacement(Bond 2012 and Bond 2018)
Motion authorizing the City Manager, or designee, to execute
professional services contract Amendment No. 4 with Solka, Nava,
Torno, LLC, of Corpus Christi, Texas, in the amount of$75,740 for a total
restated fee of$125,030 for Central Library Roof Replacement project.
This Motion was passed on the consent agenda.
Enactment No: M2019-071
9. Amendment No. 1 for the Laguna Madre Wastewater Treatment
Plant Rehabilitation Project
Motion to authorize execution of Amendment No. 1 to a contract for
professional services with Urban Engineering of Corpus Christi, Texas in
the amount of$392,210 for a total restated fee of$419,070 for the
Laguna Madre Wastewater Treatment Plant Rehabilitation project.
This Motion was passed on the consent agenda.
Enactment No: M2019-072
11. Resolution authorizing an Interlocal Cooperation Agreement for
Water Line Improvements
Resolution authorizing an Interlocal Cooperation Agreement with San
Patricio Municipal Water District (SPMWD) for the City to accept
approximately 3,600 linear feet (LF) of water pipeline constructed by
SPMWD, and to pay SPMWD an amount not to exceed $300,000 for
installing two tees, two valves, two utility vaults, and approximately 3,600
linear feet of fiber-optic cable for the City's future water distribution
development.
This Resolution was passed on the consent agenda.
Enactment No:031763
12. Resolution authorizing a Supply Agreement for the purchase of
scientific water lab testing reagents and consumables
Resolution authorizing a five-year supply agreement for the purchase of
scientific water lab testing reagents and consumables with IDEXX
Distribution, Inc. of Westbrook, Maine for an amount not to exceed
$332,411.
This Resolution was passed on the consent agenda.
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Enactment No: 031764
13. Supply Agreement for the purchase of liquid chlorine for O.N.
Stevens Water Treatment Plant
Motion authorizing a two-year supply agreement for the purchase of liquid
chlorine 1-ton cylinders from DPC Industries, Inc. of Houston, Texas for a
total amount not to exceed $102,000.
This Motion was passed on the consent agenda.
Enactment No: M2019-074
14. Resolution authorizing the purchase of trailer mounted manhole
rehabilitation equipment
Resolution authorizing the purchase of trailer mounted manhole
rehabilitation equipment from Action Products Marketing Corp, of
Johnston, Iowa fora total amount not to exceed $131,160.
This Resolution was passed on the consent agenda.
Enactment No: 031765
15. Service Agreement for Welding Services for Asset Management
Motion authorizing a three-year service agreement for welding services
with Carrillo's Welding Services, of Corpus Christi, Texas, for an amount
not to exceed $228,000.
This Motion was passed on the consent agenda.
Enactment No: M2019-075
16. Service Agreement for the Lease Purchase of Articulating Boom
Lift for Corpus Christi International Airport(CCIA)
Motion authorizing a three-year service agreement with All Around
Access LLC of Naples, Florida for the lease purchase of an articulating
boom lift including a three-year extended warranty service for a total
amount not to exceed $99,889.59.
This Motion was passed on the consent agenda.
Enactment No: M2019-076
17. Resolution suspending the date of AEP Texas Inc.'s requested
rate change
Resolution of the City of Corpus Christi, Texas suspending the June 5,
2019 effective date of AEP Texas Inc.'s requested rate change to permit
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time to study the request and to establish reasonable rates; approving
cooperation with the cities served by AEP Texas and authorizing
intervention proceedings before the Public Utility Commission; hiring
attorneys and consulting services; and requiring reimbursement of cities'
rate case expenses.
This Resolution was passed on the consent agenda.
Enactment No: 031766
19. Second Reading Ordinance -Appropriating funds for a
Construction Contract for Slough Road (Rodd Field Road to
Amethyst Drive) (Type B) (1st Reading 5/14/19)
Ordinance appropriating $154,430.54 and authorizing execution of a
construction contract with Max Underground Construction, LLC of Corpus
Christi in the amount of$5,400,889.65 for base bid plus Additive
Alternatives No. 1, 2 and 3 for Slough Road (Rodd Field Road to
Amethyst Drive) Improvement Project.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031768
21. Second Reading Ordinance - Partial easement closure for property
located at 10329 Creek Bottom Drive (1st Reading 5/14/19)
Ordinance abandoning and vacating a 1-foot wide by approximately
42-feet in length (42 sq. ft.) portion of an existing utility easement out of
Lot 22, Block 4, Maple Hills Unit 7, Phase One, located at 10329 Creek
Bottom Drive.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031770
22. Second Reading Ordinance -Authorizing Lease Amendment No. 7
to Lease Agreement for Office Space at the Airport for the
Transportation Security Administration (TSA) (1st Reading 5/14/19)
Ordinance authorizing Lease Amendment No. 7 to the lease agreement
between the City and the U.S. General Services Administration for use of
terminal office space at Corpus Christi International Airport by the
Transportation Security Administration from March 1, 2019, through
February 29, 2024, for minimum annual rent of$400,345.91; ratifying
prior lease amendments; and modifying necessary provisions of the
lease.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031771
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23. Second Reading Ordinance -Appointing Municipal Court Judges
(1st Reading 5114119)
Ordinance appointing Julianna Siracusa Rivera as a full-time Municipal
Judge of the Municipal Court of Record in the City of Corpus Christi,
Texas; appointing William Gregory "Bill" Bonilla as a part-time judge of
the Municipal Court of Record in the City of Corpus Christi; determining
salary; providing a term of office; and declaring an effective date.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031772
4. Resolution Authorizing an Interlocal Cooperation Agreement for
Radio System Consulting Services for Police Department
Resolution authorizing an interlocal cooperation agreement with the
Regional Transportation Authority and Nueces County to provide
payment to Trott Communications for radio system consulting services.
Mayor McComb referred to Item 4. Police Management Services Director Pat
Eldridge stated that a typographical error was corrected in the second
paragraph of the contract. There were no comments from the Council or the
public.
Council Member Smith made a motion to approve the resolution,seconded by
Council Member Barrera. This Resolution was passed and approved with the
following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Hunter
Abstained: 0
Enactment No: 031761
10. Construction Contract for City-wide Wastewater Indefinite
Delivery/Indefinite Quantity (IDIQ) Program 2019
Motion to authorize execution of an IDIQ construction contract with PM
Construction & Rehab LLC, dba IPR South Central of Pasadena, Texas
in the amount of$10,000,000 per year for a total not to exceed
$30,000,000 in three years for the City-Wide Wastewater IDIQ 2019
project for base bid plus additive alternate No. 1. This is a one (1)year
base contract with two (2) one-year renewals to be approved
administratively subject to availability of funding and satisfactory
contractor performance.
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Mayor McComb referred to Item 10. Council Member Hernandez made a
motion to amend the motion so that the two(2)one-year renewals are to be
approved by the City Council. There were no comments from the public.
A council member and Executive Director of Water Utilities Dan Grimsbo
discussed the following topics: that both Purchasing and Engineering
departments have procurement authority;the Council being provided with
report on the Indefinite Delivery/Indefinite Quantity(IDIQ)program;the reason
for the IDIQ program;the purpose of administratively approving the two(2)
one-year renewals; pipe bursting versus pipe cleaning;the Council being
provided with a report on the IDIQ program and contractor's performance
annually before renewal of the contract;and the contents of the report to be
provided to Council.
Council Member Hernandez restated the motion to approve the motion as
presented and to include that staff will provide semi-annual reports to the City
Council on the progress and expenditures for the Wastewater Indefinite
Delivery/Indefinite Quantity Program.
Council members and staff discussed the following additional topics: contract
management of IDIQ contracts;delivery orders being completed in-house to
save money;and inspections of completed jobs.
Council Member Hernandez restated the motion and amended the motion as
follows: Staff will provide semi-annual reports to the City Council on the
progress and expenditures for the Wastewater Indefinite Delivery/Indefinite
Quantity Program that includes the program's effects on sanitary sewer
overflows and infiltration/inflows,seconded by Council Member Garza and
passed unanimously.
Council Member Garza made a motion to approve the motion as amended,
seconded by Council Member Guajardo. This Motion was passed and
approved as amended with the following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
Enactment No: M2019-073
18. Second Reading Ordinance - Urban Transportation Plan
Amendment for the Regional Parkway (1st Reading 5/14/19)
Ordinance amending the Urban Transportation Plan map of Mobility CC,
a transportation element of the Comprehensive Plan of the City of Corpus
Christi, by adding the Regional Parkway, located between Park Road 22
and State Highway 286, with a designation of RA3 Primary Rural Arterial.
Mayor McComb referred to Item 18. David Newstead,609 Grant Place,
Conservation Chair for the Coastal Bend Audobon Society,discussed the
importance of waterfouling and recreational fishing and the environmental
impact of the portion of the project that is to cross the Laguna Madre.
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Council members discussed the following topics: deed restrictions for the
property owned by Nueces County,purchased from the Texas General Land
Office,that is part of the project;timelines;ownership of properties related to
this project;condemnation of properties;securing of rights-of-way; planning for
growth on Padre Island;the importance of the Rodd Field Road extension;and
that the Corpus Christi Metropolitan Planning Organization is funding the
planning of this project with the goal that the resulting highway will be a state
highway.
Council Member Smith made a motion to approve the ordinance,seconded by
Council Member Garza. This Ordinance was passed on second reading and
approved with the following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
Enactment No: 031767
20. Second Reading Ordinance-Authorizing a Professional Services
Project contract for the Restoration of SEA District Water Features
Project(1st Reading 5/14/19)
Ordinance amending the FY 2019 Capital Improvement Program budget
to increase the year one budget for Restoration of SEA District Water
Features in the amount of$300,000; and authorizing execution of
professional services contract with LNV, Inc., in the amount of$364,100
for the Restoration of SEA District Water Features project.
Mayor McComb referred to Item 20.
Council members and the presentation team,consisting of Executive Director
of Public Works Valerie Gray,Director of Parks and Recreation Jermel
Stevenson and Dan Leyendecker with LNV Engineering,Inc.,discussed the
following topics:that,legally,the Watergarden constitutes the Seawall;other
structures that may constitute the Seawall;flooding in the vault housing pumps
due to an engineering design flaw; potential cost-saving alternatives to the
item presented; reimbursements by the Federal Emergency Management
Agency(FEMA);the history of the Watergarden and previous flooding events;
previous efforts to mitigate flooding of the vault; relocating pumps from the
below-ground vault to a newly constructed above-ground pump station;that
this project is separate from the water feature on Shoreline Drive and the
anticipated cost of repairs for each project;a timeline;that this item is to
approve only professional engineering services necessary to complete the
design that will allow for the Watergarden and the water feature on Shoreline
Drive to be returned to working order;the procurement process;council
support for repairs;and the cost of repairs.
Council Member Roy made a motion to approve the ordinance,seconded by
Council Member Guajardo.
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A council member and staff discussed that the Watergarden water feature will
not be operational in 2019,during the design and construction phase.
This Ordinance was passed on second reading and approved with the
following vote:
Aye: 7- Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hernandez, Council Member Hunter, Council Member
Molina and Council Member Roy
Nay: 2- Council Member Garza and Council Member Smith
Abstained: 0
Enactment No: 031769
S. EXECUTIVE SESSION: (ITEM 36)
Mayor McComb deviated form the agenda and referred to Executive Session
Rem 36.The Council went into executive session at 2:18 p.m.The Council
returned from executive session at 3:05 p.m.
36. 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 annexation,
disannexation, cession agreements for extraterritorial jurisdiction,
apportionment of extra-territorial jurisdiction between municipalities,
interlocal agreements with water districts and neighboring municipalities,
contracts for potential economic development agreement(s)with entities
that are considering the construction, expansion, and/or ownership of
industrial facilities (including, but not limited to proposed Gulf Coast
Growth Ventures' chemical manufacturing facility in San Patricio County,
Texas, proposed fractionator and related facilities in Nueces County,
economic development agreements relating to property currently or
formerly owned by Voestelpine, Corpus Christi Liquefaction, LLC, and
other entities and existing and proposed industrial facilities in San
Patricio County and Nueces County)that are and/or will be consumers of
water and/or wastewater services and connections to the Mary Rhodes
Pipeline for facilities to supply water thereto, potential legislation currently
being considered in the Texas Legislature related to annexation and
other issues, potential annexation of up to 326 acres of extraterritorial
jurisdiction that be ceded by the City of Gregory and potential service
plans and actions related thereto, and pursuant to Texas Government
Code§ 551.087 to discuss confidential commercial or financial
information pertaining to the aforesaid business prospect(s) that the City
seeks to have locate, stay or expand in or near the territory of the City and
with which the City may conduct economic development negotiations
and/or deliberate possible economic development issues concerning
said business prospect(s).
Mayor McComb referred to Item 36 and the following resolution was
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considered:
Resolution authorizing Amendment No. 1 and Joinder to Chapter 380 Economic
Development Agreement between the City of Corpus Christi,Texas and Corpus
Christi Liquefaction,LLC, relating to the development of property in the City's
extraterritorial jurisdiction.
Council Member Molina made a motion to approve the resolution,seconded by
Council Member Barrera. This Resolution was passed and approved with the
following vote:
Aye: 9- Mayor McComb,Council Member Barrera,Council Member
Garza,Council Member Guajardo,Council Member Molina,
Council Member Roy,and Council Member Smith,Council
Member Hernandez and Council Member Hunter
Abstained: 0
Enactment No:031778
M. RECESS FOR LUNCH
The recess for lunch was held during Executive Session Item 36.
O. REGULAR AGENDA: (ITEMS 32 -34)
32. One-Reading Ordinance-Creation of Industrial Districts No. 5, 6,
and 7 in San Patricio County
Ordinance authorizing the establishment of Industrial Districts No. 5, 6,
and 7 within the extraterritorial jurisdiction of the City of Corpus Christi,
Texas; and authorizing industrial district agreements with various property
owners within the industrial districts in San Patricio County; and declaring
an emergency.
Mayor McComb deviated from the agenda and referred to Item 32. Assistant
City Manager Keith Selman stated that the purpose of this item is to create
Industrial District Nos.5,6,and 7 in San Patricio County.
Assistant City Manager Selman stated that a substitute ordinance has been
handed out to council members,providing for a 1,000 foot width and slightly
reducing the area of Industrial District Number 6. There were no comments
form the Council or the public.
Council Member Smith made a motion to approve the substitute ordinance on
emergency,seconded by Council Member Guajardo. This Ordinance was
passed on emergency as substitute and approved with the following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
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Abstained: 0
Enactment No:031775
33. One-Reading Ordinance -La Quinta Corridor Annexation
Ordinance annexing for full purpose up to 1,500 acres of land into the
territorial limits of the City of Corpus Christi and extending the boundary
limits of said city to include said hereinafter described property within
said city limits; adopting a service plan; and declaring an emergency.
Mayor McComb referred to item 33. Assistant City Manager Keith Selman
stated that the purpose of this item is to annex the 1,500 acres known as the La
Quinta Corridor.
Assistant City Manager Selman stated that one property in the area to be
annexed has executed an agricultural agreement and recommended
approving the ordinance as presented. There were no comments form the
Council or the public.
Council Member Smith made a motion to approve the ordinance on
emergency,seconded by Council Member Barrera. This Ordinance was
passed on emergency and approved with the following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
Enactment No: 031776
34. One-Reading Ordinance-Annexation of Up to 5,700 Acres Along
the North Side of Corpus Christi Bay
Ordinance annexing for full purpose up to 5,700 acres of land into the
territorial limits of the City of Corpus Christi and extending the boundary
limits of said city to include said hereinafter described property within
said city limits; adopting a service plan; and declaring an emergency.
Mayor McComb referred to Item 34. Assistant City Manager Keith Selman
stated that the purpose of this item is to annex up to 5,700 acres along the
north side of Corpus Christi Bay.
Assistant City Manager Selman presented a substitute ordinance that contained
the following changes: includes metes and bounds of annexed area in Exhibit
A; updates map in Exhibit B to match finalized metes and bounds; reduces the
area of Industrial District 6; modifies the annexed area to exclude area subject
to agreement with Cheniere-related entities.
Andrew Otis,37 Abbington Avenue,Ardsley,NY representing Corpus Christi
Alumina discussed the following topics: the adjacency of Corpus Christi
Alumina's(CC Alumina)property to the Cheniere property and its impending
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sale to Cheniere;and CC Alumina's desire to have its property excluded from
this annexation ordinance.
City Attorney Miles Risley discussed the following topics: the recent deadline
for entities to return documents;the City's intent to bring back to Council a
series of disannexations;and the need to move forward with this annexation.
Mr.Otis discussed annexation and subsequent disannexation and a desire to
avoid annexation.
A council member discussed annexation in light of related legislation from the
Texas Legislature;and the potential consequences of the Council's failure to
act.
Council Member Smith made a motion to approve the substitute ordinance on
emergency,seconded by Council Member Garza. This Ordinance was passed
on emergency as substitute and approved with the following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
Enactment No: 031777
S. EXECUTIVE SESSION: (ITEM 36)
Mayor McComb deviated from the agenda and referred to Executive Session
Rem 36. The Council did not go into executive session.
36. 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 annexation,
disannexation, cession agreements for extraterritorial jurisdiction,
apportionment of extra-territorial jurisdiction between municipalities,
interlocal agreements with water districts and neighboring municipalities,
contracts for potential economic development agreement(s)with entities
that are considering the construction, expansion, and/or ownership of
industrial facilities (including, but not limited to proposed Gulf Coast
Growth Ventures' chemical manufacturing facility in San Patricio County,
Texas, proposed fractionator and related facilities in Nueces County,
economic development agreements relating to property currently or
formerly owned by Voestelpine, Corpus Christi Liquefaction, LLC, and
other entities and existing and proposed industrial facilities in San
Patricio County and Nueces County) that are and/or will be consumers of
water and/or wastewater services and connections to the Mary Rhodes
Pipeline for facilities to supply water thereto, potential legislation currently
being considered in the Texas Legislature related to annexation and
other issues, potential annexation of up to 326 acres of extraterritorial
jurisdiction that be ceded by the City of Gregory and potential service
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plans and actions related thereto, and pursuant to Texas Government
Code§ 551.087 to discuss confidential commercial or financial
information pertaining to the aforesaid business prospect(s)that the City
seeks to have locate, stay or expand in or near the territory of the City and
with which the City may conduct economic development negotiations
and/or deliberate possible economic development issues concerning
said business prospect(s).
Mayor McComb referred to Item 36. Assistant City Manager Keith Selman
stated that the City is in negotiations with the City of Gregory,Texas relating to
land being annexed by the City adjacent to the City of Gregory,Texas.
A council member discussed discussions and actions taken to date and
currently in progress with various municipalities.
The following resolution was considered:
Resolution declaring City's intent to begin annexation of up to 326 acres of
land into territorial limits of City of Corpus Christi;directing the City Manager to
prepare a service plan for the extension of municipal services to the proposed
annexation area.
Council Member Garza made a motion to approve the resolution,seconded by
Council Member Molina. This Resolution was passed and approved with the
following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
Enactment No: 031779
L. FUTURE AGENDA ITEMS: (ITEMS 24-26)
Mayor McComb referred to Future Agenda Items. Mayor McComb stated that
staff had a presentation on Item 24. A council member requested information
on Item 26.
24. Resolution approving the concepts, direction, and general work plan for
the sixth year of the Street Preventative Maintenance Program (SPMP) -
"2019 SPMP Work Plan (Year- 6)."
This Resolution was recommended to the consent agenda.
Enactment No: 031762
25. Motion approving Amendment No. 1 to a contract with J. Schwarz &
Associates, Inc. in the amount of$846,500 for a restated fee not to
exceed $874,250 to provide engineering design and development of
Delivery Orders for the 2019 Citywide Street Preventative Maintenance
Program (SPMP)with funding available in the Street Operation Budget
and Street Capital Funds for sidewalk improvements for the Americans
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with Disability Act.
This Motion was recommended to the consent agenda.
Enactment No: M2019-077
26. Motion authorizing six two-year service agreements for non-fire backflow
preventer services for commercial accounts with Koetter Fire Protection,
Hebert Irrigation, Graf Plumbing, Smart Plumbing, and KimJon Backflow
Service, all of Corpus Christi, Texas, and TD Backflow Services of
Orange Grove, Texas for an amount not to exceed $142,800 for each
contract; and, one two-year service agreement for fire backflow preventer
for commercial accounts with Koetter Fire Protection of Corpus Christi,
Texas for an amount not to exceed $142,800, for a combined total
amount not to exceed $999,600, each with one two-year option for a total
potential multi-year amount not to exceed $1,999,200, funded by the
Backflow Prevention Fund.
This Motion was recommended to the consent agenda.
Enactment No: M2019-078
N. PUBLIC HEARINGS: (ITEMS 27 -29)
27. Public Hearing and First Reading Ordinance -Rezoning for a
Property located at or near 2110 Laguna Shores Road.
Case No. 0319-02 B&A Terra Firma Development, LLC: Request for
rezoning a property at or near 2110 Laguna Shores Road from the "RE"
Residential Estate District to the "RM-2" Multifamily 2 District.
Planning Commission and Staff Recommendation (April 17, 2019):
Denial of the change of zoning from the "RE" Residential Estate District
to the "RM-2" Multifamily 2 District.
Applicant's Request (3/4 Vote Required)
Ordinance rezoning property at or near 2110 Laguna Shores Road from
the "RE" Residential Estate District to the "RM-2" Multifamily 2 District.
Mayor McComb referred to Item 27. Director of Development Services Nina
Nixon-Mendez stated that the purpose of this Item is to rezone the property to
allow for construction of an apartment complex. Director Nixon-Mendez
presented the following information: aerial overview;current zoning of the
subject property;zoning pattern; publication notification;that the Planning
Commission and staff recommend denial of the change of zoning from the
"RE"Residential Estate District to the"RM-2"Multifamily 2 District;that the
Applicant is requesting a floor amendment to amend the rezoning application
to the"RS-6"Single-Family 6 District;and that staff recommends denial of the
"RM-2"Multifamily 2 District,and in lieu thereof,approval of the"RS-6"
Single-Family 6 District.
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Mayor McComb opened the public hearing. Miguel Saldana,4553 Moonlake
Ridge,representing the Applicant,discussed the folllowing topics: that the
original rezoning request to"RM-2"Multifamily 2 District was for the purpose of
developing an apartment complex;the developer's requirements to address
runoff and flooding concerns; use of the area to educate Flour Bluff
Independent School District(Flour Bluff ISO)students;endangered species
concerns;pond encroachment;traffic concerns;and the Applicant's willingess
to accept rezoning of the property to the"RS-6"Single-Family 6 District.Linda
Barganski,3838 Emu Drive,representing Flour Bluff ISO,discussed the
folllowing: Flour Bluff ISO uses the area as its outdoor classroom numerous
times each day,including the pond;traffic concerns;and potential
contamination of the pond due to runoff from construction debris.
A council member discussed the following: if Flour Bluff ISD has offered to
purchase the subject property;the location and ownership of the pond;the
number of students a multifamily complex would add to Flour Bluff ISO.
Council members,staff and Mr.Saldana discussed the following topics: the
density of"RS-6"Single-Family 6 District zoning;zoning designations
considered low density;the Applicants plan if"RS-6"Single-Family 6 District
zoning is approved;use of City wastewater system versus septic systems; use
of City wastewater lift station; how long the Applicant has owned the subject
property;when the property was rezoned to its current zoning designation;a
past failed attempt to change the zoning of the property;the number of
dwellings per acre in various zoning designations;the nomenclature the City
uses for its various zoning districts;privacy concerns relating to individuals
living above the first floor in apartments overlooking adjacent homes; lot sizes
in various zoning designations;allowability of septic systems in various zoning
designations;and septic system standards.
Rebecca Root,325 Lola Johnson Rd.,discussed: her previous experience with
flooding in Houston,Texas and on her property on Lola Johnson Rd.; previous
attempts to rezone the subject property;the type/size of properties on Lola
Johnson Road;the effect on the neighborhood of building 90-100 homes on the
subject property;the makeup of property owners on Lola Johnson Road;
ownership of properties adjacent to the subject property;and the character of
the current neighborhood. Darson Aelvoet,281 Lola Johnson Rd., read
excerpts from the 1993 Flour Bluff Area Development Plan and discussed:
public safety concerns regarding increased foot traffic on Laguna Shores Road;
and use of the nearby wastewater lift station. Jerry Hartung,2101 Laguna
Shores Rd.,discussed: the Flour Bluff Area Development Plan;adjacency of
the property and the pond used by Flour Bluff ISD; potential effects on the Red
Head Pond Wilderness Area;Laguna Shores Road improvements;and traffic
concerns. Maggie Hartung,2101 Laguna Shores Rd.,discussed: completion of
a traffic study prior to rezoning;the potential impact on Red Head Pond;the
impact of a single entrance to and exit from the subject property onto Laguna
Shores Road; parking along and traffic on Laguna Shores Road;endangered
grasses;and asked Council to consider leaving the property zoned"RE"
Residential Estate District. Juan Perales,Jr.,4918 Holly Rd.,representing J.
Perales Engineering,stated that he has been providing engineering and
technical support to the Applicant;the process by which the Applicant's request
for a change of zoning has moved from"RM-2"Multifamily 2 District to the
"RS-6"Single-Family 6 District; use of the City's nearby wastewater lift station
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versus septic systems;traffic counts for the"RM-2"Multifamily 2 District versus
the"RS-6"Single-Family 6 District; requirements to comply with flood zone
and freeboard requirements;and impact on the environment and endangered
species. Mayor McComb closed the public hearing.
Council members and staff discussed the following topics: history of the
subject property;the Flour Bluff Area Development Plan;that the Planning
Commission did not consider the"RS-15"zoning designation;acreage
requirements to be able to install a septic system; previous rezoning requests
relating to the subject property;"RS-6"zoning being a compromise;the effects
of not rezoning and developing the property; potential issues from installation
of septic systems; use of city services on the subject property;that some nearby
neighborhoods are also currently zoned"RS-6";a continuation of movement
toward larger lots in the Flour Bluff area with high value homes;the number of
surrounding property owners in opposition to the multifamily zoning
designation;and that the City does not have traffic counts for Laguna Shores
Road.
Council Member Smith made a motion to deny the change of zoning from the
"RE"Residential Estate District to the"RM-2"Multifamily 2 District
A council member and staff discussed the following topics: how long the
nearby wastewater lift station has been in place and its original cost of
construction;if it is currently in use;that the pumps have been removed from
the wastewater lift station;availability of pumps; if Flour Bluff ISD is interested
in purchasing the subject property;zoning designations compatible with the
Flour Bluff Area Development Plan;the density and minimum lot size of
various zoning designations;and the consequences of not taking action on the
item.
Council Member Barrera seconded the motion. This motion failed and was not
approved with the following vote:
Aye: 3- Council Member Smith,Council Member Barrera,Council
Member Guajardo
Nay: 6- Mayor McComb;Council Member Roy;Council Member
Garza;Council Member Hernandez;Council Member Hunter;
Council Member Molina
Abstained: 0
Council Member Garza made a motion to deny the change of zoning from the
"RE"Residential Estate District to the"RM-2"Multifamily 2 District,and in lieu
thereof,approval of the"RS-6"Single-Family 6 District,seconded by Council
Member Roy. This ordinance failed by the following vote(3/4 vote required):
Aye: 5- Mayor McComb, Council Member Garza, Council Member Hernandez,
Council Member Hunter and Council Member Roy
Nay: 4- Council Member Barrera, Council Member Guajardo, Council Member
Molina and Council Member Smith
Abstained: 0
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28. Public Hearing and First Reading Ordinance -Rezoning for a
Property located at or near 10224 Leopard Street.
Case No. 0319-03 Corpus Christi Storage Solutions, LLC: Request for
rezoning a property at or near 10224 Leopard Street from the "RS-6"
Single-Family 6 District to the "CG-2" General Commercial District.
Planning Commission and Staff Recommendation (April 17, 2019):
Denial of the change of zoning from the "RS-6" Single-Family 6 District to
the "CG-2" General Commercial District, in lieu thereof, approval of the
"RS-6/SP" Single-Family 6 District with a Special Permit (SP)with
conditions.
Ordinance rezoning property at or near 10224 Leopard Street from the
"RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District
with a Special Permit(SP) with conditions.
Mayor McComb referred to Item 28. Director of Development Services Nina
Nixon-Mendez stated that the purpose of this Item is to rezone the property to
allow for parking and storage of trailers,boats and recreational vehicles as
part of an existing mini storage building. Director Nixon-Mendez presented the
following information: aerial overview;current zoning of the subject property;
zoning pattern;and that the Planning Commission and Staff recommend
denial of the change of zoning from the"RS-6"Single-Family 6 District to the
"CG-2"General Commercial District,and in lieu thereof,approval of the
"RS-6/SP"Single-Family 6 District with a Special Permit(SP)with conditions.
Mayor McComb opened the public hearing. A council member asked a
question regarding the recommended"RS-6/SP"zoning designation. There
were no comments from the public. Mayor McComb closed the public hearing.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Guajardo. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
Enactment No: 031780
29. Public Hearing and First Reading Ordinance - Rezoning for a
Property located at or near 701 McBride Lane.
Case No. 0419-01 Vernon and Jennifer Carr: Request for rezoning a
property at or near 701 McBride Lane from the "CG-2" General
Commercial District and the "RS-6" Single-Family District to the "IL" Light
Industrial District.
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Planning Commission and Staff Recommendation (April 17, 2019):
Denial of the change of zoning from the "CG-2" General Commercial
District and the "RS-6" Single-Family 6 District to the"IL" Light Industrial
District, in lieu thereof, approval of the "CG-2/SP" General Commercial
District with a Special Permit (SP)with conditions.
Ordinance rezoning property at or near 701 McBride Lane from the
"CG-2" General Commercial District and the "RS-6" Single-Family
District to the "CG-2/SP" General Commercial District with a Special
Permit (SP)with conditions.
Mayor McComb referred to Item 29. Director of Development Services Nina
Nixon-Mendez stated that the purpose of this Item is to rezone the property to
allow for the construction of a welding shop. Director Nixon-Mendez presented
the following information: aerial overview;current zoning of the subject
property;zoning pattern;and that the Planning Commission and Staff
recommend denial of the change of zoning from the"CG-2"General
Commercial District and the"RS-6"Single-Family 6 District to the"IL"Light
Industrial District,and in lieu thereof,approval of the"CG-2/SP"General
Commercial District with a Special Permit(SP)with conditions.
Mayor McComb opened the public hearing. There were no comments from the
Council or the public. Mayor McComb closed the public hearing.
Council Member Hunter made a motion to approve the ordinance,seconded by
Council Member Garza. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Hernandez, Council Member Hunter, Council Member Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Guajardo
Abstained: 0
Enactment No: 031781
0. REGULAR AGENDA: (ITEMS 30-34)
30. Resolution authorizing grant submission for Automobile Burglary
and Theft Prevention Authority
Resolution authorizing submission of grant application for$418,087 to
Automobile Burglary and Theft Prevention Authority (ABTPA) to continue
the motor vehicle theft enforcement grant with a City cash match of
$702,757, in-kind match of$62,046, and program income match of
$3,851 for a total project cost of$1,186,741.
Mayor McComb referred to Item 30. Police Chief Mike Markle stated that the
purpose of this item is authorize the submission of a grant application for
$418,087 from the Burglary and Theft Prevention Authority of Texas,requiring a
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cash match of$702,757,in-kind match of$62,046 and program income match of
$3,851. Police Chief Markle also stated that the resolution needed to be
amended to add Section 2 as follows: "In the event of the loss or misuse of
these grant funds,the City of Corpus Christi assures that the grant funds will be
returned,in full,to the Automobile Burglary Theft Prevention Authority".
Council Member Smith made a motion to amend the resolution to add Section
2 as stated by Chief Markle,seconded by Council Member Barrera and passed
unanimously.
Council Member Molina made a motion to approve the resolution as amended,
seconded by Council Member Guajardo. This Resolution was passed as
amended and approved with the following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
Enactment No: 031773
31. Resolution for a service agreement for custodial services for
outlying police buildings
Resolution authorizing a 12-month service agreement for custodial
services for outlying police buildings with Ernestina Luna, dba Unified
Service Associates of San Antonio, Texas for an amount not to exceed
$109,395.96, with two 12-month options for a potential total amount not to
exceed $328,187.88.
Mayor McComb referred to Item 31. Police Management Services Director Pat
Eldridge stated that the purpose of this item is to authorize a 12-month service
agreement for custodial services for outlying police buildings with Unified
Service Associates of San Antonio,Texas for an amount not to exceed
$109,395.96 with two 12-month options for a potential total amount not to
exceed$328,187.88.
Director Eldridge stated: this service will be performed at 10 outlying police
buildings,not at police headquarters;the service will provide an adequate
number of custodians who will work Monday through Sunday;the Contracts
and Procurement Department conducted a competitive procurement process;
the City received four responsible and one non-responsible bids;and staff
recommends award to the lowest responsible responsive bidder,Unified
Service Associates.
Council members,Director Eldridge and the presentation team,consisting of
Assistant City Attorney Gabriel Rodriguez,Director of Contracts and
Procurement Kim Baker and Interim Assistant City Manager Mike Markle,
discussed the following topics: that this is the service an individual referenced
during today's Public Comment period; if the speaker's comments/concerns
should be addressed before this item is approved;the need to award the
contract to ensure there is continued service;the difference between contract
termination and not exercising optional renewals;and that the City has the
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sole discretion as to whether the optional renewal is exercised.
Council Member Molina made a motion to approve the resolution,seconded by
Council Member Roy. This Resolution was passed and approved with the
following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
Enactment No:031774
P. FIRST READING ORDINANCES: (NONE)
Q. BRIEFINGS: (NONE)
R. LEGISLATIVE UPDATE:
None.
S. EXECUTIVE SESSION: (ITEM 36)
Mayor McComb referred to Executive Session Item 35.The Council
went into executive session at 5:34 p.m.The Council returned from executive
session at 6:07 p.m.
35. 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 collective
bargaining matters in the Agreement(s)with the Corpus Christi Police
Officers' Association and the Corpus Christi Professional Firefighters'
Association.
This E-Session Item was discussed in executive session.
T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
Mayor McComb referred to Identify Future Agenda Items.The following items
were identified:a presentation on the strategy,moving forward,to increase air
service at Corpus Christi International Airport;and a report on the extension of
Rodd Field Road,moving it up as a priority for the Corpus Christi Metropolitan
Planning Organization.
U. ADJOURNMENT
The meeting was adjourned at 6:10 p.m.
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