HomeMy WebLinkAboutMinutes City Council - 11/16/2021I 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 November 16, 2021
which were approved by the City Council on December 7, 2021.
WITNESSETH MY HAND AND SEAL, on this the 7th day of December 2021.
(SEAL,)
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Rebecca Huerta
City Secretary
Corpus Christi, Texas
City of Corpus Christi
Rebecca Huerta, City Secretary
P.O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 826-3105
rebeccah@cctexas.com
SCANNED
City of Corpus Christi
Meeting Minutes
City Council
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Tuesday, November 16, 2021
11:30 AM Council Chambers
Addendums may be added on Friday.
A. Mayor Paulette M. Guajardo to call the meeting to order.
Mayor Guajardo called the meeting to order at 11:38 a.m.
B. Invocation to be given by Pastor David Bendett, Rock City Church.
Pastor David Bendett, Rock City Church, gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Rebecca Simpson, W.B. Ray High School student.
Rebecca Simpson, W.B. Ray High School student, led the Pledge of Allegiance to the
Flag of the United States and to 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.
Note: Council Member Martinez arrived at 2:51 p.m. Council Member Smith left at 1:05
p.m.
Present: 9 - Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil
Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council
Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and
Council Member Greg Smith
E. Proclamations / Commendations
1. 21-1633 Proclamation declaring November 16, 2021 as "Tom Schmid Day".
Proclamation declaring November 13 - 21, 2021 as "National Hunger &
Homelessness Awareness Week".
Presentation for The Biggest Heart Challenge Trophy.
Swearing -In Ceremony for Newly Appointed Board, Commission, committee
and Corporation Members.
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The Proclamations, Presentation and Swearing -In Ceremony were presented.
F. PUBLIC COMMENT
Mayor Guajardo opened the public comment period.
Melanie Salinas, 2210 Abeto Dr. and Shirin Delsooz, 6030 Tapestry Dr., called in
regarding safer bike paths.
Christopher Phelan, 3806 Kingston Dr., called in opposition to the desalination plant
permit.
Lydia Ponce, Venice, CA, called in regarding violence against women and in opposition
to the desalination plant.
Blanca Parkinson, 10801 Silverton Dr., called in opposition to the desalination plant
permit.
Melissa Zamora, 3917 Brawner Pkwy., spoke in opposition to the desalination plant.
Brandon Marks, 319 Rosebud Ave., spoke in opposition to the desalination permit and
stated that a virtual public meeting is being held tonight by the Texas Commission on
Environmental Quality (TCEQ) at 7:00 p.m.
Brian Watson, 5813 Hugo Dr., spoke regarding water fluoridation.
The following citizen submitted a written public comment which is attached to the minutes:
Meredith Matthews, 1501 McKinzie Rd.
G South Texas Botanical Gardens & Nature Center Presentation by Michael
Womack, Executive Director & Horticulturist
Executive Director & Horticulturist Michael Womack presented information on the South
Texas Botanical Gardens & Nature Center: RFP for master plan; Moonlight returns to the
Gardens; Holly Days at the Gardens - Thanksgiving until Christmas; Big Bloom - April 2,
2022; 2021 Best of the Best; Birdiest Festival in America - April 20-24, 2022; and the
raptor project.
P.
BRIEFINGS: (ITEM 30)
30. 21-1620 Briefing from Flatiron/Dragados on the Harbor Bridge Replacement Project
Mayor Guajardo deviated from the agenda and referred to Item 30.
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Flatiron/Dragados Public Information Coordinator Lynn Allison presented information on
the following topics: agenda; south interchange traffic movements; Northwest Loop
Ramp; Robstown pre -cast yard; north approach and roadworks; south approach
construction progress; launching gantry crane segment erection; south approach back
span piers; north pylon; south pylon; and HBP workforce.
Council Members, Ms. Allison, TxDOT District Engineer Valente Olivarez Jr. and City
Manager Peter Zanoni discussed the following topics: the new Harbor Bridge is
expected to be complete in two and a half years; the north and south towers are about
85% complete; the project is currently on budget; the Bridge will have a ten foot shoulder
for hikers and bikers to share; the old Harbor Bridge will be shut down in 2024; a Council
Member's request for flashing lights to be placed at the intersection of County Road 52
and FM 1889; and TxDOT inspects the existing Harbor Bridge on an annual basis and
has a preventative maintenance schedule.
H. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS:
Mayor Guajardo referred to City Manager's comments.
a. Fourth Quarter 2021 Budget & Finance Report
City Manager Zanoni provided a briefing on the Fourth Quarter 2021 Budget and Finance
Report as follows: presentation overview; FY 2021 year end timeline; FY 2021 general
fund revenues; FY 2021 general fund expenses; general fund balance; HOT tax revenue
and expenses; water fund revenues and expenses; wastewater fund revenues and
expenses; summary; and next steps.
Council Members, City Manager Zanoni and Chief Financial Officer Constance Sanchez
discussed the following topics: encumbrances are budgeted in 2021 but are carried over
to 2022; and the budget funds that are carried over are part of the amended budget.
b. American Rescue Plan City Projects' Update
City Manager Zanoni reported on the American Rescue Plan Act as follows: city council
approved infrastructure projects; expenditures to date; and impacts.
Council Members and City Manager Zanoni discussed the following topics: applications
are being accepted to bring in additional money for water lines, sewer lines and
neighborhood streets.
c. Republic Services Recycling Center Tour on National Recycling Day
City Manager Zanoni stated that November 15th is National Recycling Day and that
recycling is important in keeping the community clean. Public outreach events will be
held to educate the public about recycling.
Council Members, City Manager Zanoni and Director of Public Works and Streets
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Rolando Mata discussed the following topics: glass can be recycled at the City's Drop
Off Center near Saratoga; and recycled tires can be repurposed as materials for road
construction.
d. Holiday Closures
City Manager Zanoni reported on Thanksgiving closures. All public safety operations will
be in full effect throughout the holiday week.
1. BOARD & COMMITTEE APPOINTMENTS: (NONE)
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 2 - 23)
Approval of the Consent Agenda
Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items
13 and 23 be pulled for individual consideration.
A motion was made by Council Member Lerma, seconded by Council Member Pusley to
approve the Consent Agenda with the exception of Items 13 and 23. The motion carried
by the following vote:
Aye:
7 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Molina and Council Member Pusley
Absent: 2 - Council Member Martinez and Council Member Smith
Abstained: 0
2. 21-1614 Approval of the November 9, 2021 Regular Meeting Minutes.
The Minutes were approved on the consent agenda.
Consent - Second Reading Ordinances
3. 21-1213 Ordinance authorizing the execution of the First Amended Lease and Operating
Agreement with Texas State Aquarium Association to adjust the term to 20
years from the effective date of this amendment and provide up to
$3,000,000.00 for construction of new Wildlife Rescue Center.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032598
4. 21-1472 Ordinance authorizing acceptance of a grant in an amount of $48,724.61 from
State of Texas, Criminal Justice Division for Violence Against Women Program
with a cash match of $14,402.72 and in-kind match of $6,960.00; transferring
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$14,402.72 from the General Fund to the Police Grants Fund; appropriating
$63,127.33 in the Police Grants Fund; and authorizing one full-time civilian
employee for a Victim Case Manager.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032599
5. 21-1473 Ordinance authorizing acceptance of a grant in an amount of $129,212.45 from
State of Texas, Criminal Justice Division for Victims of Crime Act Grant with a
cash match of $28,000.00 and in-kind match of $4,320.00; transferring
$28,000.00 from the General Fund to the Police Grants Fund; appropriating
$157,212.45 in the Police Grants Fund; and authorizing three full-time
employees for Victim Case Managers.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032600
6. 21-1474 Ordinance authorizing acceptance of a grant in an amount of $98,964.86 from
the State of Texas, Criminal Justice Division for Victims of Crime Community
Outreach Program with a cash match of $3,300.00 and in-kind match of
$21,500.00; transferring $3,300.00 from the General Fund to the Police Grants
Fund; appropriating $102,264.86 in the Police Grants Fund; and authorizing two
full-time civilian employees.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032601
7. 21-1498 Ordinance authorizing the acceptance of a grant from the Department of Justice,
Office of Justice Programs, Bureau of Justice Assistance, in an amount of
$192,413.00 for the FY 2021 Edward Byrne Memorial Justice Assistance Grant
program for the Corpus Christi Police Department to purchase equipment such
as tasers, a forensic laser, and riot shields; and appropriating $192,413.00 in
the Police Grants Fund with $96,206.00 to be distributed to Nueces County
based on an interlocal agreement with the City acting as the fiscal agent, at no
charge to Nueces County, and the remaining $96,207.00 to be used by the City.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032602
8. 21-1469 Zoning Case No. 0921-02, Ed Rachal Foundation: (District 1) Ordinance
rezoning multiple properties at or near 2210 Mary Street from the "RS -6"
Single -Family 6 District, "RM -3" Multifamily District, and the "CN -1"
Neighborhood Commercial District to the "Cl" Intensive Commercial District.
(Planning Commission and Staff recommend Denial of "Cl" and in lieu thereof
approval of "RS-6/SP" Single -Family 6 District with a Special Permit) (3/4 vote
required to approve less restrictive use or density than the recommendation of
the Planning Commission)
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This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032603
9. 21-1465 Ordinance exempting Lot 1, Block 1, Hale Horse Ranch, located north of FM
665 and west of CR 763 with the frontage along CR 32, from payment of
wastewater acreage fee under section 8.5.2.G.1 of the Unified Development
Code; requiring a sanitary sewer connection agreement.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032604
10. 21-1516 Ordinance abandoning and vacating a 15 -foot -wide, by approximately
69.29 -feet long (1,039 sq. ft.) portion of an existing 15 -foot -wide easement out of
Joslin Tracts, Block 2, Lots 6, located at 7602 South Padre Island Drive.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032605
11. 21-1464 Ordinance amending Corpus Christi Code Section 55-113 to authorize the City
Manager to execute Outside City Limits Water Service Contracts for
subdivisions with two lots or Tess.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032606
12. 21-0791 Ordinance authorizing execution of a one-year lease with Emerald City Cargo,
LLC, for cargo storage and office space at the Corpus Christi International
Airport in exchange for an annual payment of $18,903.00, with such lease having
up to five one-year renewals.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032607
13. 21-1527 Ordinance approving Addendum No. 1 to Lease Agreement with Corpus Christi
Baseball Club, L.P., providing for Type A funding in an amount not to exceed
$701,800.00 on a reimbursement basis to make certain capital improvements to
the Whataburger Field property in accordance with Major League Baseball
Requirements.
Mayor Guajardo referred to Item 13.
A Council Member and Chief Financial Officer Constance Sanchez discussed the
following topics: it costs $155,000 annually to insure Whataburger Field; and the City
only collects $80,000 in lease expenses, so a Council Member would like to see the City
at least recover what it pays in insurance.
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Council Member Hernandez made a motion to approve the ordinance, seconded by
Council Member Hunter. This Ordinance was passed on second reading and approved
with the following vote:
Aye:
8 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and
Council Member Pusley
Absent: 1 - Council Member Smith
Abstained: 0
Enactment No: 032608
14. 21-1551 Ordinance accepting and appropriating a grant in the amount $7,808,211.00
from the U.S. Department of the Treasury and authorizing a one-year service
agreement for Grant Administrator Services of Emergency Rental Assistance in
an amount not to exceed $1,170,565.00, with Hagerty Consulting Inc. of
Evanston, Illinois, effective upon issuance of a notice to proceed; and amending
the budget.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032609
Consent - Public Safety First Reading Ordinances
15. 21-1606 Ordinance authorizing acceptance of a grant from State Farm Insurance in an
amount of $10,000.00 for the Police Department Crime Reduction Unit to
purchase supplies used to promote and support Neighborhood on Watch groups
throughout Corpus Christi; and appropriating $10,000.00 in the Police Grants
Fund.
This Ordinance was passed on first reading on the consent agenda.
16. 21-1615 Ordinance authorizing acceptance of a grant from State Farm Insurance in an
amount of $10,000.00 for the Auto Burglary and Auto Theft Holiday Public
Awareness Campaign which educates the community on the prevention of auto
burglaries and auto theft; and appropriating $10,000.00 in the Police Grants
Fund.
This Ordinance was passed on first reading on the consent agenda.
Consent - Contracts and Procurement
17. 21-1601
Motion authorizing the lease -purchase, via JP Morgan, of three 2022 medic units
and the cash purchase of one 2022 medic unit all from McCall -F, Inc., dba
Sterling McCall Ford, of Houston, Texas, based on the cooperative purchasing
agreement with Local Government Purchasing Cooperative dba BuyBoard, for a
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total amount of $1,132,973.56, effective upon issuance of letter of acceptance,
with FY 2022 funding in the amount of $303,772.18 available through the
General Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-209
18. 21-0820 Motion authorizing a five-year service agreement with EMR Elevator, Inc. of
Arlington, Texas in an amount not to exceed $ 903,263.00 for elevator,
escalator, dumbwaiter and wheelchair lift preventive maintenance program and
preexisting repairs, via The Interlocal Purchasing System (TIPS) Cooperative
effective upon issuance of notice to proceed, with FY 2022 funding in an amount
not to exceed $150,660.50 available in the Asset Management - Facilities Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-210
19. 21-1440 Motion authorizing a one-year service agreement with ProTech Mechanical, Inc.
of Corpus Christi, Texas, to replace the HVAC main trunkline duct and
components for the Aircraft Rescue and Fire Fighting (ARFF) station located at
the Corpus Christi International Airport (CCIA) in the amount of $68,174.00 with
FY2022 funding available from the Airport Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-211
20. 21-1504 Motion authorizing a five-year service agreement with Freeit Data Solutions of
Austin, Texas, in an amount of $201,636.22 for uninterruptible power supply
professional services, batteries, hardware and support and maintenance for
five -years effective upon issuance of a notice to proceed, with FY 2022 funding
available in the Information Technology Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-212
21. 21-1468 Motion authorizing a one-year supply agreement with two additional one-year
options with Waller County Asphalt, Inc. of Hempstead, Texas, for all-weather
asphalt mix material for the Public Works Department, for an estimated amount
of $208,935.00 and a potential cost of $632,805.00 if options are exercised,
with FY 2022 funding in an amount not to exceed $191,523.75 available through
the Street Maintenance Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-213
Consent - Capital Projects
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22. 21-0911 Motion authorizing the award of a professional services contract to Kimley-Horn,
Austin, Texas, to provide design, bid, and construction phase services for the Bill
Witt Park Pool and Facility Design in an amount of $798,000.00, located in
Council District 5, with FY 2022 funding available from the Parks and Recreation
Bond 2020 Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-214
General Consent Items
23. 21-1616 Resolution authorizing the name change of the Public Works Department
Building #21 to the Richard E. Martinez Public Works Facility in honor of the late
Public Works Department Director, Richard E. Martinez.
Mayor Guajardo deviated from the agenda and referred to Item 23.
Director of Public Works and Streets Rolando Mata stated that approval of this item will
rename Building #21 at 2525 Hygeia Street to the Richard Martinez Public Works Facility
in honor of the late Public Works Director Richard E. Martinez.
Council Member Molina made a motion to approve the resolution, seconded by Council
Member Lerma. This Resolution was passed and approved with the following vote:
Aye: 7 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Molina and Council Member Pusley
Absent: 2 - Council Member Martinez and Council Member Smith
Abstained: 0
Enactment No: 032610
L. RECESS FOR LUNCH
Mayor Guajardo recessed the Council meeting for lunch at 2:04 p.m. Executive Session
Items 31 and 32 were held during the lunch recess. Mayor Guajardo reconvened the
meeting at 3:15 p.m.
M. PUBLIC HEARINGS: (ITEMS 24 - 27)
24. 21-1501 Zoning Case No. 0921-03, MVR Construction Company: (District 5) Ordinance
rezoning a property at or near 3538 Airline Road from the "FR" Farm Rural
District to the "RM -3" Multifamily District. (Planning Commission and Staff
recommend Approval)
Mayor Guajardo referred to Item 24.
Director of Development Services Al Raymond presented information on the following
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topics: aerial overview; zoning pattern and adjacent development; land use; public
notification; and planning commission and staff recommend approval.
Mayor Guajardo opened the public hearing.
There were no comments from the Council or the public.
Mayor Guajardo closed the public hearing.
Council Member Hernandez made a motion to approve the ordinance, seconded by
Council Member Molina. This Ordinance was passed on first reading and approved with
the following vote:
Aye:
8 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and
Council Member Pusley
Absent: 1 - Council Member Smith
Abstained: 0
25. 21-1502 Zoning Case No. 0921-01, Richard Jurach, Jerry Jurach, Patricia Hunt, and
Paula Carter: (District 5) Ordinance rezoning property at or near 3942 Cimarron
Boulevard from the "FR" Farm Rural District to the "RM -2" Multifamily District.
(Planning Commission and Staff recommend denial of "RM -2" Multifamily
District in lieu thereof "RS-6/SP" Single -Family 6 District with a Special Permit)
(3/4 vote required to approve less restrictive use or density than the
recommendation of the Planning Commission)
Mayor Guajardo referred to Item 25.
Director of Development Services Al Raymond presented information on the following
topics: aerial overview; zoning pattern and adjacent development; land use; public
notification; and planning commission and staff recommend denial of RM -2 in lieu of
RS-6/SP.
Council Members and Director Raymond discussed the following topics: a Council
Member's concern about the setback and height restriction of the apartment complex; the
two-story buildings must have a pitched roof with the ridge extending at least 6 feet above
the eave of the roof; canopy trees will be planted with a minimum caliper size of 2.5
inches every 30 linear feet and a 7 -foot wood fence or a 6 -foot masonry fence; and a
Council Member's request to include the zoning reports along with the zoning notifications
to educate the public about the project, so it may reduce the amount of oppositions
received.
Mayor Guajardo opened the public hearing.
Representative for applicant John Bell, 13750 Primavera, stated the site plan was
developed at the start of the project and that the developer agreed to build a 6 -foot
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masonry fence. He said the developer was in favor of the special permit.
Mayor Guajardo closed the public hearing.
Council Member Pusley 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: 7 - Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member
Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley
Nay: 1 - Council Member Hernandez
Absent: 1 - Council Member Smith
Abstained: 0
26. 21-1520 Ordinance exempting Country Acres, Lots 4A & 4B, east of FM 1889 and north
of CR 48, from the payment of a not to exceed amount of $3,676.14 for the
wastewater lot or acreage fee under Section 8.5.2.G.1 of the Unified
Development Code; requiring a sanitary sewer connection agreement.(Planning
Commission and staff recommend denial of fee waiver)
Mayor Guajardo referred to Item 26.
Director of Development Services Al Raymond presented information on the following
topics: vicinity map; aerial overview; and planning commission and staff recommend
denial of wastewater lot/acreage fees.
A Council Member and Director Raymond discussed the following topics: denial of the
wastewater lot/acreage fees means that the customer has to pay.
Mayor Guajardo opened the public hearing.
There were no comments from the public.
Mayor Guajardo closed the public hearing.
Council Member Lerma made a motion to approve the following motion: Motion to
approve Planning Commission and staff recommended denial of fee waiver via Item 26 -
Ordinance exempting Country Acres, Lots 4A & 4B, east of FM 1889 and north of CR 48,
from the payment of a not to exceed amount of $3,676.14 for the wastewater lot or
acreage fee under Section 8.5.2.G.1 of the Unified Development Code; requiring a
sanitary sewer connection agreement, seconded by Council Member Hunter. This
Motion was passed and approved with the following vote:
Aye:
8 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and
Council Member Pusley
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Absent: 1 - Council Member Smith
Abstained: 0
Enactment No: M2021-215
27. 21-1524 Ordinance exempting Drillen Subdivision, west of CR 73 and north along FM
624, from the payment of the wastewater lot or acreage fee under Section
8.5.2.G.1 of the Unified Development Code; requiring a sanitary sewer
connection agreement.
Mayor Guajardo referred to Item 27.
Director of Development Services Al Raymond presented information on the following
topics: vicinity map; aerial overview; and planning commission and staff recommend
approval of wastewater lot/acreage fees exemption, subject to sanitary sewer
agreement.
Council Members and Director Raymond discussed the following topics: a Council
Member's concern whether wastewater fees will be charged if they get connected in the
future; the monies for the wastewater fees get paid into the City's trust fund; and a Council
Member's request to let the County Commissioner in this precinct know what the City is
doing in this area.
Mayor Guajardo opened the public hearing.
There were no comments from the public.
Mayor Guajardo closed the public hearing.
Council Member Lerma made a motion to approve the ordinance, seconded by Council
Member Pusley. This Ordinance was passed on first reading and approved with the
following vote:
Aye: 7 - Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member
Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley
Nay: 1 - Council Member Hernandez
Absent: 1 - Council Member Smith
Abstained: 0
N. INDIVIDUAL CONSIDERATION ITEMS: None
O. FIRST READING ORDINANCES: (ITEMS 28 - 29)
28. 21-1525 Ordinance ratifying a partial postponement until January 1, 2022, of the effective
date of Ordinance No. 032551 by amending the implementation date for a
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disposal fee increase made applicable to waste haulers with City disposal
contracts.
Mayor Guajardo referred to Item 28.
Council Members and Director of Solid Waste David Lehfeldt discussed the following
topics: the solid waste hauling companies will have a total of about 90 days to pay these
fee increases.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Hunter made a motion to approve the ordinance, seconded by Council
Member Lerma. This Ordinance was passed on first reading and approved with the
following vote:
Aye:
8 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and
Council Member Pusley
Absent: 1 - Council Member Smith
Abstained: 0
29. 21-1561 Ordinance amending Chapter 55 of the Corpus Christi Code to require industrial
facilities to have either a reduced pressure backflow device or air gap at each
City meter servicing potable water; a double check assembly for fire service
lines; an industrial district affidavit upon installing, repairing, or replacing a
reduced pressure backflow preventer or an air gap; annual backflow preventer
testing; and providing for penalty.
Mayor Guajardo referred to Item 29.
Assistant Director of Water Quality and Treatment Gabriel Ramirez presented
information on the following topics: background; and 55-96 City Code language.
A Council Member and Assistant Director Ramirez discussed the following topics: the
City cannot transfer the responsibility of water safety to a private entity; the language
allows the City to require the backflow preventer, reduce pressure assembly, or an air
gap at the meter; and customers will be given a 90 day window to develop a plan if not in
compliance.
Mayor Guajardo opened public comment.
There were no comments from the public.
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Mayor Guajardo closed public comment.
Council Member Barrera 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 Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and
Council Member Pusley
Absent: 1 - Council Member Smith
Abstained: 0
Q. EXECUTIVE SESSION: (ITEMS 31 - 32)
Mayor Guajardo referred to Executive Session Items 31 and 32. The Council went into
Executive Session at 2:04 p.m. The Council returned from Executive Session at 3:15
p.m.
31. 21-1623 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 the ON Stevens Water Treatment
Plant Basins Improvement Project, Texas Local Government Code Chapter 252,
Texas Government Code Chapter 2269, contracting provisions relating to
responsiveness and responsibility of bidders, prior performance of bidders on
the aforementioned project, prior litigation to which said bidders or related
entities are a party, including, but not limited to MWH Constructors, Inc. vs.
Tarrant Regional Water District, MWH Constructors Inc vs. Houston Area
Water Corporation, City of Escondido vs. MWH Americas, Inc.
This E -Session Item was discussed in executive session.
32. 21-1626 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 a potential Interlocal Cooperation
Agreement for Remote Magistration with the Texas Office of Court
Administration and ordinances and statutes related to said activity and
agreement, and other legal issues related to municipal court operations,
magistrations, and other activities involving the administration of court cases.
This E -Session Item was discussed in executive session.
R. ADJOURNMENT
There being no further business, Mayor Guajardo adjourned the meeting at 4:30 p.m.
City of Corpus Christi
Page 14 Printed on 11/23/2021
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FW: [EXTERNAL]Public Input: 11-16-2021 - Meredith Matthews
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'I Public Comment & Input Form
Date of Meeting 11-16-2021
Name Meredith Matthews
Address Street Address: 1501 McKinzie Road
City: Corpus Christi
State / Province: Texas
Postal / Zip Code: 78410
Topic Ordinance amending Chapter 55 of the Corpus
Christi Code
Agenda Item Number 29.
1
Describe Feedback:
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submission.
In accordance with the form, we are submitting
public comments regarding this proposed ordinance
in the attached document. The attached document
contains our full public comment. We would
appreciate you printing the document and providing
that to all Council Members for the meeting.
Thank you.
Comments for City Council Meeting 11 16
2021.docx
meredith.matthews@Ivondellbasell.com
2
Thank you for allowing us the opportunity to comment.
First, we understand and support the City's desire to protect its water system. We have
installed and operated an effective internal cross -connection control program to do just
that — prevent unwanted flows from entering the City's system. This program has been
in place for several years and provides effective protection to the water supply.
Nonetheless, the City, through this ordinance, is requiring companies like ours to go
beyond the effective cross -connection control program; a program that is compliant will
all applicable State and local rules. This new ordinance mandates redundant controls
and requires all users to implement a backflow valve system, which presents legal
difficulties.
i. 30 TAC § 290.44(h)(6) states that at facilities where "an adequate
internal cross -connection control program (CCCP) is in effect,
backflow protection at the water service entrance or meter is not
required." The city has apparently determined that backflow
protection is required for those facilities, which directly contradicts
this statute. By removing that exemption for users with an adequate
CCCP, Corpus Christi is violating Tex. Const. art. XI, § 5(a), which bars
ordinances that are inconsistent with state law.
ii. TCEQ enforces the provisions of 30 TAC 290.44, and Texas courts
have invalidated municipal enforcement mechanisms that are
inconsistent with an agency's own statutorily -endowed
mechanisms. BCCA Appeal Group, Inc. v. City of Houston, 496 S.W.3d
1 (Tex. 2016). TCEQ's enforcement honors the exemption, meaning
that an effort by Corpus Christi to revoke that exemption interferes
with TCEQ's larger regulatory scheme. If all cities were to adopt
similar measures, the exemption would have no effect. Therefore,
the two regulations cannot "coexist peacefully without stepping on
each other's toes" City of Laredo v. Laredo Merchs. Ass'n, 550 S.W.3d
586, 593 (Tex. 2018).
Besides the legal difficulties, this ordinance presents practical challenges as well. First,
the ordinance does not provide for any technically equivalent systems. New
technologies are likely to be developed, or existing technologies have demonstrated, to
be able provide equivalent protections to reduced pressure backflow preventer
(assembly) or air gap as required by the ordinance. The ordinance should be amended
to allow for equivalent technologies.
Second, the ordinance does not provide a timeframe within which these systems must
be installed and provides significant penalties if these systems are not in place. The
evaluation, design, and engineering for the systems typically requires months if not
years. Further, to ensure these systems can be installed safely, the facility's operations
will likely need to be shut down and undergo a comprehensive management of change
process. Shutting down a major operating facility requires planning that typically occurs
over the course of a year or more. Planned shutdowns occur at a cycle of about seven
years for most major petrochemical facilities. To ensure the safety of the water system
and the facility, completing the work mandated by this ordinance should occur during a
planned shutdown, which in some cases may be several years from the effective date of
this ordinance.
Finally, the ordinance should provide for exceptions and enforcement discretion when
(1) a facility already has effective backflow prevention, (2) a plan has to be (and is being)
developed to comply with the provisions of the ordinance, and (3) during the interim
period prior to installation of the reduced pressure backflow preventer (assembly) or air
gap, the facility has implemented adequate mitigation measures to protect the City's
water system.
Thank you for considering these comments and we look forward to working with the
City on this issue.
Equistar Chemicals L.P. Corpus Christi Complex