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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 July 23, 2019
which were approved by the City Council on August 13, 2019.
WITNESSETH MY HAND AND SEAL, on this the 13th day of August 2019.
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Rebecca Huerta
City Secretary
Corpus Christi, Texas
(S E A .L)
City of Corpus Christi
Rebecca Huerta, City Secretary
P.O. Box 9277
Corpus Christi,Texas 78469-9277
(361) 826-3105
rebeccah@cctexas.corn
SCANNED
" Cityof Corpus Christi 1201 Leopard Street
4L.2. p Corpus Christi,TX 78401
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Meeting Minutes
City Council
Tuesday,July 23,2019 11:30 AM Council Chambers
Addendums may be added on Friday.
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.
B. Invocation to be given by Pastor David Kelly, Trinity Worship.
Mayor McComb gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Kristy Glick, Management Assistant, Development Services.
Ms.Kristy Glick 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.
City Secretary Rebecca L.Huerta called the roll and verified that a quorum of
the City Council and the required Charter Officers were present to conduct the
meeting.
Charter Officers:
City Manager Peter Zanoni,City Attorney Miles K. Risley,and City Secretary
Rebecca L.Huerta.
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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
E. Proclamations/Commendations
1. Proclamation declaring July 2019, "Watch Your Car Month".
Proclamation declaring July 21-27, 2019, "Feria De Las Flores Week"
and July 27, 2019, "Feria De Las Flores Day".
Commendation for Captain Philip M. Brock, United States Navy.
Swearing-In Ceremony for Newly Appointed Board, Commission,
Committee and Corporation Members.
Mayor McComb presented the proclamations,the commendation 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 Communication 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.City Secretary
Rebecca L.Huerta conducted the public comment period.
Alyssa Mejia,41 Camden Place,spoke about her experience with the City in
reporting a dog bite incident and the need for the City to improve on how
reporting is handled through the City app,City Website,Call Center,Hotline,
and Non-emergency department.Margareta Fratila,3606 Tripoli Dr.,spoke
about the lack of sidewalks on the Island and asked for assistance in finding a
solution since it affects families and the disabled.Ms.Fratila praised
Development Services and Code Enforcement for assisting her to research
laws related to the disabled.Mike Carrell,4966 Cherry Hills,thanked the City
for working with Frost Bank,and spoke in support of item 14,the closure of
Broadway Court. Robert Algeo, 15629 Three Fathoms Bank Dr.,asked for
recognition of two lifeguards who saved a man from drowning by Bob Hall
Pier,Joshua Salazar and Christopher Veit.Mr.Algeo also spoke about House
Bill 1548 regarding utility vehicles(UTVs)and asked Council to consider
rewriting the City Code of Ordinances regarding the operation of golf carts and
to include UTVs.
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F. CITY MANAGER'S COMMENTS I UPDATE ON CITY OPERATIONS:
Mayor McComb referred to City Manager's Comments.City Manager Peter
Zanoni reported on the following topics:
a. OTHER
1)City Manager Zanoni informed the public of upcoming calendar events
involving the FY2020 budget,which would include four workshop sessions,five
community meetings(one in each council district),and one public hearing to
discuss the budget.In addition,he stated,there would be two public hearings
to discuss the City's property tax rates.2)Follow-up on business and
community outreach plan for communicating with the public and businesses
regarding the Everhart Road project through weekly emails and access to the
City's website.3)Operation Safe Return Annual Event hosted by the Police
Department,partnership with KIII TV,and the addition of benefits provided to
the community for families with children returning to school.
G. MINUTES: (NONE)
H. BOARD & COMMITTEE APPOINTMENTS: (NONE)
EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 2 - 13)
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda.A council member requested
that Item 2 be pulled for individual consideration.There were no comments
from the public.
A motion was made by Council Member Smith,seconded by Council Member
Garza,to approve Items 3-13 on the Consent Agenda.These 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. Ordinance amending the Urban Transportation Plan map of MobilityCC,
a transportation element of the City's Comprehensive Plan, for streets
proposed in the London area between SH 286 and FM 763 and between
the Oso Creek and FM 43; and amending MobilityCC by adding a
HikeBikeCC map for the West Oso Creek Wilderness Trail.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031815
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4. Ordinance disannexing approximately 662.51 acres located along Texas
State Highway 361 and areas south of State Highway 361 from the City
of Corpus Christi, Texas; adjusting the City boundaries accordingly and
affirming annexations and boundaries; providing for severance,
publication, and an effective date.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031816
5. Ordinance authorizing the establishment of Industrial District No. 8 within
the Extraterritorial Jurisdiction of the City of Corpus Christi, Texas; and
authorizing Industrial District Agreement with property owners within the
Industrial District.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031817
6. Ordinance approving the amendment to the Tax Increment Reinvestment
Zone#2 Amended Project& Financing Plans approved by the Board of
Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, on
June 10, 2019.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031818
7. Ordinance authorizing an agreement with Nueces County Victims'
Memorial Garden for donation and acceptance of Memorial Garden to be
placed at Cole Park.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031819
8. 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 passed on the consent agenda.
Enactment No: M2019-108
9. Motion authorizing the lease purchase of heavy equipment consisting of
two mini excavators and three backhoes for excavations during
installation of gas taps and service lines by Gas Operations from Doggett
Heavy Machinery of Corpus Christi, Texas, for a total amount not to
exceed $542,760.32 funded through the Gas Fund.
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This Motion was passed on the consent agenda.
Enactment No: M2019-109
10. Motion authorizing a two-year supply agreement for gas meters, that will
be used for new services and replacement of models no longer
supported, with Wilnat, Inc., dba Koons Gas Measurement of Tulsa,
Oklahoma for the total amount not to exceed $974,035.00, with the first
year funded through the Gas Fund.
This Motion was passed on the consent agenda.
Enactment No: M2019-110
11. Motion authorizing the purchase of two replacement crew trucks from
Silsbee Ford of Silsbee, Texas, for a total amount not to exceed
$106,861.11 funded through the Gas Fund.
This Motion was passed on the consent agenda.
Enactment No: M2019-111
12. Motion authorizing a one-year service agreement for rental of nine pickup
trucks (half-ton), plus contingency vehicles to be used on a daily or weekly
basis when needed, with United Rentals, Inc. of Corpus Christi, Texas, for
an amount not to exceed $113,361.10, with one additional one-year
option for a total potential multi-year amount not to exceed $226,722.20,
with the first-year funding through the Water, Wastewater, and Gas
Funds. The trucks will be used by Gas Department and Water Utilities
Department to meet daily operational requirements while production and
delivery of newly purchased replacement vehicles transpires.
This Motion was passed on the consent agenda.
Enactment No: M2019-112
13. Resolution authorizing an agreement with Corpus Christi Alumina, LLC
under Chapter 212 of the Texas Local Government Code, relating to the
development of property in the City's extraterritorial jurisdiction.
This Resolution was passed on the consent agenda.
Enactment No: 031820
2. Ordinance adopting the fiscal year(FY) 2019-2020 Consolidated Annual
Action Plan (CAAP) for the Community Development Block Grant
(CDBG) budget in the amount of$2,650,562.00, the Emergency
Solutions Grant (ESG) budget in the amount of$225,067.00, and the
HOME Investment Partnerships (HOME) budget in the amount of
$1,055,648.00 for a total of$3,931,277.00 of entitlement funding from the
United States Department of Housing and Urban Development (HUD)
and authorizing the City Manager or designee to execute all documents
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necessary to submit the CAAP, authorizing a staff complement of 27
positions; accept and appropriate funding for the approved CAAP
projects and further execute funding agreements, amendments or other
documents necessary to implement the FY2019-2020 CAAP with
organizations for approved projects.
Mayor McComb referred to Item 2.
A council member and City Manager Peter Zanoni discussed the following
topics:the dwindling of funding for affordable housing programs; how to
backfill the funding;work plan to dedicate staff to research and focus on the
financial drain;and the population being a big driver on funds distributed
nationally.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Barrera.This Ordinance was passed on second reading and
approved by 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: 031814
M. PUBLIC HEARINGS: (ITEM 14)
14. Ordinance closing, abandoning and vacating a 12,632 square foot
portion of public street, Broadway Court lying between Water Street and
Shoreline Boulevard, conditioned upon payment of$240,000.00 for fair
market value of the improved street.
Mayor McComb deviated from the agenda and referred to Item 14.
Director of Development Services Nina Nixon-Mendez stated that the purpose
of this ordinance is to close,abandon,and vacate a 12,632 square foot portion
of a 60-foot-wide public street adjoining Block 4,South Water Beach Addition,
as recorded in Volume 21,Page 50,Deed and Map Records,Nueces County
Texas and Lot 6,Block 5,South Water Beach Addition,as recorded in Volume
68,Pages 959-960,Deed and Map Records of Nueces County,Texas,and
requiring petitioners,Frost Bank,to comply with specified conditions.
Director Nixon-Mendez presented information on the following topics:vicinity
map of proposed street closure;aerial overview;staff recommendation to
approve; before and after improvements of Broadway Court.
Mayor McComb opened the public hearing.
John Holmgreen,520 S.Chaparral,thanked the City for the development of
The Water's Edge park,but commented on the negative effect this closure
would have on parking spaces for people who currently visit The Water's Edge
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park,asked that other parking accomodations be made for the public's use
during this construction project,and for the council to consider the effect the
construction project may have on traffic at that intersection before granting the
request.
Council members and Director Nixon-Mendez discussed the following topics:
future parking issues when private vacant lots disappear;number of parking
spaces eliminated;loss of revenue from downtown parking;road already
closed for construction over a year;available parking areas for The Water's
Edge park;and creating a parking improvement fund to entice owners of
vacant parking lots to make improvements,thus,alleviating parking issues.
City Manager Peter Zanoni commented that Frost Bank is amenable to working
with the City in allowing the public to use their parking spaces after business
hours and on weekends.
Mike Carrell,Frost Bank,commented on Frost Bank's intention to landscape
the area and make it available for the public's use after business hours and
weekends,except for the shaded parking spaces,which would ultimately be
rented out.
Mayor McComb closed the public hearing.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Hunter.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 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
R. BRIEFINGS: (ITEM 21)
21. The 2020 Census helps to determine everything from the eligibility for
federal funding to elected representation. The Complete Count
Committee and Nueces Together(non-profit) are working together to
ensure robust participation in the 2020 Census. Judge Canales will
address Council regarding participation in their effort.
Mayor McComb deviated from the agenda and referred to Item No.21.
Nueces County Judge Barbara Canales,Chair of the Complete Count
Committee,stated that the purpose of this item was to inform the Council of the
nonprofit group Nueces Together,which has been formed to work with the
Complete Count Committee,to develop marketing and outreach programs to
ensure an accurate US Census Count for Nueces County and to officially
request participation from the City of Corpus Christi in the Nueces Together
effort to ensure robust participation in the 2020 Census.
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Judge Canales presented information on the following topics:why the census
is critical; how census counts determine dollars;the census determines state
representation;the census equals economic opportunity; promoting census
2020 takes funding;the U.S.Census Bureau's online services versus field
workers;the U.S.Bureau recommendation of Complete Count Committees;
hard to count populations; Nueces Together Outreach Plan; Nueces Together's
limited access to data;and action plan timeline.
Council members and Judge Canales discussed the following topics:the
committee's financial goals;goals for counting everyone; reaching the
homelessness population; plans for advertising; unified community effort
through employers/employees;and how the census affects relationship with
the State.
T. EXECUTIVE SESSION: (ITEM 22)
Mayor McComb deviated from the agenda and referred to Executive Session
Item 22.The Council went into executive session at 1:40 p.m.The Council
returned from executive session at 2:20 p.m.
22. 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 and potential litigation with
the U.S. Environmental Protection Agency, Texas Commission on
Environmental Quality, Texas Attorney General, and/or U.S. Department
of Justice concerning the City's sanitary sewer system and/or water
system, dissolved oxygen standards in Oso Bay, sanitary sewer
overflows, and other regulatory matters related to the City's wastewater
treatment plants.
This E-Session Item was discussed in executive session.
L. RECESS FOR LUNCH
The recess for lunch was held during Executive Session Item 22.
N. RECESS TO CORPORATION MEETING: (ITEM 15)
15. Meeting of the North Padre Island Development Corporation
Mayor McComb recessed the regular Council meeting at 2:23 p.m.to hold a
Meeting of the North Padre Island Development Corporation.
O. RECONVENE THE COUNCIL MEETING:
Mayor McComb reconvened the regular Council meeting at 2:30 p.m.
P. REGULAR AGENDA: (ITEMS 16 - 17)
16. Motion awarding a contract to CGC General Contractors, Inc. of San
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Antonio, Texas for construction of a covered pavilion associated with the
Packery Channel Pavilion Boat Launch project in the amount of
$218,387.70 for the base bid with funding available from the Tax
Increment Reinvestment Zone#2.
Director of Engineering Services Jeff Edmonds stated that the purpose of this
item is to authorize award of a construction contract to CGC General
Contractors,Inc.of San Antonio,Texas,in the amount of$218,387.70 for the
base bid only for a new covered pavilion adjacent to the Packery Channel
Boat Launch.
Council members,Director Edmonds,Director of Parks and Recreation Jermel
Stevenson,and Assistant City Manager Keith Selman discussed the following
topics: high cost of project with no amenities; reasons for high cost such as
usage of windstorm resistant material; liability;event usage of pavilion by
public;comparison to West Guth pavilion; process of bidding and number of
bidders obtained;other kinds of appealing material; price per square foot;why
not designed in-house; history of pavilion(six-pack project);and the Island
Strategic Action Committee's(ISAC)recommendation.
Council Member Smith made a motion to approve the motion,seconded by
Council Member Garza. This Motion was passed and approved with the
following vote:
Aye: 7- Council Member Barrera, Council Member Garza, Council Member
Guajardo, Council Member Hunter, Council Member Molina, Council
Member Roy and Council Member Smith
Nay: 2- Mayor McComb and Council Member Hernandez
Abstained: 0
Enactment No: M2019-113
17. Resolution amending Financial Budgetary Policies adopted by
Resolution 031547 and providing financial policy direction on preparation
of the annual budgets.
Director of Management and Budget Eddie Houlihan stated that the purpose of
this item is to amend the Financial Budgetary Policies adopted by Resolution
031547 and provide financial policy direction on preparation of the annual
budget.
Director Houlihan reviewed each section of the proposed amendments to
Resolution 031547.
Council Members,Director Houlihan,and Interim Assistant City Manager
Constance Sanchez discussed the following topics:the funding level from
general fund for residential street reconstruction;the removal of provisions in
Section 8 relating to transferring general fund revenue in fiscal years 2021,
2022 and 2023;the section regarding the voter approved$0.06(2 cents+2
cents+2 cents charter amendment)from property tax for residential street
reconstruction was added;voters'understanding and approval of the 2 cents+
2 cents+2 cents charter amendment for residential street reconstruction;staffs
recommendation to remove the language regarding the 1/3,2/3 and 1%
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general fund transfer because that language had been added in 2015, prior to
the 2 cents+2 cents+2 cents charter amendment for residential street
reconstruction;whether voters intended to have the general fund transfer
replaced,or augmented with the 2 cent+2 cent+2 cent charter amendment;
and the proposed amendments not affecting the current fiscal year,but
implemented during the fiscal years 2021,2022,and 2023.
Council Member Guajardo made a motion to amend Resolution 031547 to
restore numbers 3-5 under Section 8,seconded by Council Member Barrera.
The Motion to amend was passed and approved with the following vote:Mayor
McComb,Council Member Barrera,Council Member Garza,Council Member
Guajardo,Council Member Hernandez,Council Member Molina,Council
Member Roy and Council Member Smith voting"Aye"(Council Member Hunter
-absent).
Director Houlihan continued the review of the remaining sections of the
proposed amendments to Resolution 031547.
Council Members,Director Houlihan,and Interim Assistant City Manager
Sanchez discussed the following topics:transparency of transfers;continuing
to transfer within departments; and recommending the amendments be
reviewed by a financial advisor.
Council Member Hernandez made a motion to approve the resolution as
amended,seconded by Council Member Roy.This Resolution was passed and
approved as amended 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: 031821
Q. FIRST READING ORDINANCES: (ITEMS 18 -20)
Mayor McComb referred to First Reading Ordinances,Items 18-20.
Director of Aviation Fred Segundo stated that the purpose of Item 18 is to
accept and appropriate$289,765.00 from the Federal Aviation Administration
Grant,authorizing reimbursement of expenses for additional fencing and
security cameras.He stated that the Airport Board has reviewed the agenda
and is unanamiously recommending approval of the item.
There were no comments from the public.
Council Member Guajardo made a motion to approve Items 18-20,seconded
by Council Member Garza.These ordinances were passed on first reading and
approved with one vote.
18. Ordinance accepting and appropriating $289,765.00 from the Federal
Aviation Administration Grant and authorizing reimbursement of
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expenses for additional fencing, security cameras, and server
upgrades/replacements within the airport terminal building as part of the
Perimeter Fencing Project and amending the FY 2018-2019 Capital
Budget.
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 Guajardo, Council Member Hernandez, Council Member Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Hunter
Abstained: 0
19. Ordinance authorizing lease agreement with SMG to allow use of streets
bounded by Fitzgerald Street, N. Water Street, Resaca Street and
Shoreline Blvd. and including portions of Bayfront Park located along
Shoreline Blvd. between Resaca Street and Fitzgerald Street for the
2019 Coastal Bender event and related activities to be held on August 1 -
4, 2019, which requires SMG to pay all permit fees required for the event,
estimated at$1,000.00.
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 Guajardo, Council Member Hernandez, Council Member Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Hunter
Abstained: 0
20. Ordinance appropriating $208,138.33 from the Fleet Fund Future
Replacement balance; amending the FY2018-2019 operating budget
adopted by Ordinance 031548 to increase expenditures; and approving
the purchase of seven trucks from Silsbee Ford of Silsbee, Texas, via
GoodBuy Purchasing Cooperative for a total amount not to exceed
$208,138.33.
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 Guajardo, Council Member Hernandez, Council Member Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Hunter
Abstained: 0
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U. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
Mayor McComb referred to Future Agenda Items.Council members asked for
the following items to be placed on a future agenda:ways to contribute
additional funding to the Nueces Together program,action plan from each
council district to assist in the Nueces Together program,and the use of the
City's TV studio to advertise the program.
V. ADJOURNMENT
The meeting was adjourned at 3:59 p.m.
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