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HomeMy WebLinkAboutMinutes City Council - 12/05/2023 0,13S Cgs, p ,a Pahl U W I85 ` 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 December 5, 2023 which were approved by the City Council on December 12, 2023. WITNESSETH MY HAND AND SEAL, on this the 12th day of December 2023. Y-lh_ Rebecca Huerta City Secretary Corpus Christi, Texas (S F 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 City of Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, December 5, 2023 11:30 Carpus Christi Regional Transportation Authority, 602 N. Staples St., 2nd Floor Board Room (Rm. 210) Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:33 a.m. B. Invocation to be given by Deacon Richard Longoria, Saint Helena of the True Cross of Jesus. Deacon Richard Longoria, Saint Helena of the True Cross of Jesus, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Yasmeen Sinjlawi, Junior at Mary Carroll High School. Yasmeen Sinjlawi, Junior at Mary Carroll High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Present: 9 - Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. SECURITY BRIEFING City Secretary Rebecca Huerta provided a security briefing. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1- 4) 1. 23-1938 Corpus Christi Public Libraries Update, Presented by Laura Garcia, Director of Libraries Director of the Libraries Laura Garcia presented information on the following topics: mission statement; organization; Corpus Christi Public Libraries; library locations; City of Corpus Christi Page 1 Printed on 12/8/2023 City Council Meeting Minutes December 5, 2023 supporting organizations; Corpus Christi Code of Ordinance -Division 3 Library Board; Texas State Library and Archives Commission (TSLAC); TSLAC public library advisory board handbook; Professional Library Associations; TSLAC endorses the principles articulated in the Library Bill of Rights; collection development policy-selection/criteria; collection development policy -reconsideration; and youth patrons. Council Members, City Manager Zanoni, and Director Garcia discussed the following topics: Council Members expressed concern that children should not be allowed to checkout certain books without adult supervision and to implement stricter guidelines; a Council Member's desire that the La Retama Library hours be increased because it houses the only local history section; the public libraries filter content on the internet based on legislation; and the importance of increasing literacy in the City. 2. 23-1965 Corpus Christi - Nueces County Public Health District Update, Presented by Steve Viera, Assistant City Manager Assistant City Manager Steve Viera presented information on the following topics: Nueces County withdraw from Public Health District; and services affected in rural Nueces County. Council Members, City Manager Zanoni, Assistant City Manager Viera, and Dr. Fauzia Khan discussed the following topics: preventative care services outside the city limits will be provided solely by the county; the state advised the grants will remain with the City; and the City has been evaluating the available grants. 3. 23-1926 Don Patricio Bridge Project Update, Presented by Jeff Edmonds, Director of Engineering Services Director of Engineering Services Jeff Edmonds gave an update on the Don Patricio Bridge with an $18 million investment on the island. The dedication ceremony will be held on Friday, December 8 at 11:00 a.m. A Council Member, City Manager Zanoni, and Director Edmonds discussed the following topic: staff will provide information to Council in the next few days about when the land masses will be removed so the canal will be open. 4. 23-1918 Drought Update and Impact on Water Use Restrictions, presented by Drew Molly, Interim Corpus Christi Water Chief Operating Officer Interim Chief Operating Officer Drew Molly presented information on the following topics: water restrictions and lake levels; historical data; weather patterns; El Nino weather pattern; drought impacts; average rainfall in Corpus Christi; restriction stages and lake levels; proposed stage 2 water restrictions; outreach; and water supply project updates. Director of Community Relations with Coastal Bend Industry Association Bob Paulison presented information on the following topic: industry as part of the Coastal Bend water system. City of Corpus Christi Page 2 Printed on 12/8/2023 City Council Meeting Minutes December 5, 2023 Council Members, Interim Chief Operating Officer Molly, Water Resource Manager Esteban Ramos, and Director Paulison discussed the following topics: if the City goes into stage 2 water restrictions, the lake levels must rise to at least 40 percent to get out of it; a concern about fresh water releases from the combined lakes; fresh water releases are not for salinity levels in the Bay; a drought contingency plan is built into the agreement with the Environmental Protection Agency; large volume users are engaging in activities to use water responsibly; the City needs at least 18 inches of rain in the water shed within three months to get out of the drought; industry uses water more consistently than residential; and a request that staff provide the amount of water usage since June 2022 for industrial, commercial, residential and public entities to determine if water restrictions impacted water usage. G. PUBLIC COMMENT Mayor Guajardo opened public comment. The following citizens expressed concern about the new Library Board appointees: Tim Dowling, 8017 Villefranche Dr., Kathryn Oler, 1400 Ocean Dr., Vickie Natale, 142 Naples St., Barbara Craig, 602 McClendon St., Dora Wilburn, 4314 Cottage St., and Brittni Young, 6018 Williston Dr. The following citizens expressed concern about the Port of Corpus Christi appointment: Rachel Caballero, 522 Hancock Ave., Eli McKay, 1008 Marguerite St., Eduardo Canales, 7021 Bevington Dr., Luke Dailey, 619 E. Ave., Port Aransas, TX, and Charles Boone, 468 Sunset, Ingleside, TX. Shawn Flanagan, 4218 Herndon St., spoke about verifying facts and information. Ron Graban, 202 Surfside Blvd., spoke about the Ordinance that passed regarding the dirt on North Beach. John Weber, 609 Naples St., expressed concern about costs associated with Open Records Requests. Susie Saldana, 4710 Hakel Dr., spoke about appointing a person to city boards according to their ability and not for political benefit. Maggie Peacock, 1773 Ennis Joslin Rd., spoke against Moms for Liberty, and spoke about climate change. Adam Rios, 7301 Tangled Ridge Court, spoke about addressing societal problems. The following citizens submitted a written public comment which are attached to the minutes: Marcia Hart, 9 Townplace Lane, Mona Palmer, 633 Deforrest St., Candace Hart, 2201 Anacua St., Elizabeth Wilkins, 14906 Tesoro Dr., Cecelia Eilering, 3562 Austin St., Kathleen Westergren, 3402 Ocean Dr., and Cathy Fulton, Port Aransas, TX. City of Corpus Christi Page 3 Printed on 12/8/2023 City Council Meeting Minutes December 5, 2023 H. BOARD & COMMITTEE APPOINTMENTS: (ITEM 5) 5. 23-1907 Corpus Christi Regional Economic Development Corporation (1 vacancy) Port of Corpus Christi Authority of Nueces County, TX (1 vacancy) Mayor Guajardo referred to Item 5. Corpus Christi Regional Economic Development Corporation: Reappointed: Robert J. Gonzalez Sr. Port of Corpus Christi Authority of Nueces County, TX: Reappointed: Rajan Ahuja I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 6-21) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 12, 15, 18 and 19 were pulled for individual consideration. Council Member Klein moved to approve the consent agenda with the exception of Items 12, 15, 18 and 19, seconded by Council Member Roy. The motion carried by the following vote: Aye: 9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 6. 23-1924 Approval of the November 28, 2023 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent - Second Reading Ordinances 7. 23-1805 Ordinance authorizing acceptance of a grant in the amount of $59,609.00 from the State of Texas Criminal Justice Division for Violence Against Women Program with a cash match of $20,810.80 and in-kind match of $6,960.00 for salary and benefits for one civilian position and equipment, supplies, training, and travel; appropriating $80,419.80 into the Police Grants Fund; and authorizing one full-time civilian employee as a Victim Case Manager. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033229 City of Corpus Christi Page 4 Printed on 12/8/2023 City Council Meeting Minutes December 5, 2023 8. 23-1776 Ordinance authorizing the acceptance of a grant from the State of Texas, Criminal Justice Division for the Body -Worn Camera Grant Program FY 2024, in the amount of $153,027.00 for the purchase of 100 additional body -worn cameras and related equipment for the Corpus Christi Police Department; and appropriating $153,027.00 in the Police Grants Fund with a cash match of $51,009.00 from the Law Enforcement Trust Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033230 9. 23-1868 Ordinance authorizing the acceptance of a grant totaling $44,696.90 from the Port of Corpus Christi Authority for the Port of Corpus Christi Community Grant for incident command training for 40 emergency personnel and training equipment for the Corpus Christi Fire Department; and appropriating $44,696.90 in the FY 2024 Fire Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033231 10. 23-1799 Ordinance authorizing a construction contract to J.E. Construction Services, LLC for Base Bid I in the amount of $5,135,727.00, to Mako Contracting for Base Bid J in the amount of $5,215,843.00, and to Grace Paving and Construction, Inc. for Base Bid K in the amount of $4,564,072.10, all from Corpus Christi, Texas, for the FY 2023 Residential Street Rebuild Program located Citywide, with FY2024 funding available from the Residential Street Reconstruction, Storm Water, Wastewater, Water and Gas Capital Funds; appropriating $8,718,007.34 from the unreserved fund balance; and amending the FY 2024 Operating and Capital Budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033232 Consent - Contracts and Procurement 11. 23-1835 Resolution authorizing a three-year service agreement with Siddons-Martin Emergency Group, LLC, of Houston, in an amount not to exceed $1,200,000.00 to provide parts, testing, and repair services for firefighting vehicles and equipment for the Fire Department, with FY 2024 funding of $400,000.00 from the General Fund. This Resolution was passed on the consent agenda. Enactment No: 033233 12. 23-1852 Motion authorizing execution of a three-year service agreement with Universal Protection Service, LP, dba Allied Universal Security Services, of Santa Ana, California, with an office in Corpus Christi, in an amount not to exceed City of Corpus Christi Page 5 Printed on 12/8/2023 City Council Meeting Minutes December 5, 2023 $804,773.00 for bailiff and security guard services for the Municipal Court, with FY 2024 funding of $104,620.49 from the Municipal Court Administration Fund and $163,637.18 from the Municipal Court Building Security Fund. Mayor Guajardo referred to Item 12. A Council Member and Director of Municipal Court Gilbert Hernandez discussed the following topic: a Council Member's concern about the conditions for those who are incarcerated. Council Member Pusley moved to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye: 8 - Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Barrera Abstained: 0 Enactment No: M2023-174 13. 23-0355 Motion authorizing the execution of a three-year service agreement, with two one-year options, with Cintas Corporation, through the OMNIA Purchasing Cooperative, for uniform rentals and laundering services for Corpus Christi Water Department employees in an amount up to $892,265.40, with a potential total amount up to $1,487,109.00 if options are exercised, with FY 2024 funding of $247,851.50 from the Water and Wastewater Funds. This Motion was passed on the consent agenda. 14. 23-1569 Enactment No: M2023-175 Resolution authorizing a one-year supply agreement with two additional one-year option periods with Brenntag Southwest, Inc., of Lancaster, Texas, for sodium hypochlorite for Corpus Christi Water in an amount up to $6,300,000.00, with a potential total amount up to $18,900,000.00 if both one-year options are exercised, with FY 2024 funding of $6,300,000.00 from the Water and Wastewater funds. This Resolution was passed on the consent agenda. Enactment No: 033234 15. 23-1701 Motion authorizing execution of a three-year service agreement, with two one-year options, with Excel Pump & Machine, Inc., of Robstown, Texas for preventative maintenance and reconditioning of pumps and motors at the Mary Rhodes Pipeline Phase II River and Booster Pump Stations in an amount up to $861,330.00, with a potential total amount up to $1,435,550.00 if options are exercised, with FY 2024 funding of $69,020.00 from the Water Fund. City of Corpus Christi Page 6 Printed on 12/8/2023 City Council Meeting Minutes December 5, 2023 Mayor Guajardo referred to Item 15. A Council Member and Interim Chief Operating Officer of Corpus Christi Water Drew Molly discussed the following topics: a request for a cost breakdown of how much is being spent on the Mary Rhodes Pipeline, including operation maintenance and capital cost; the pipeline should last 50 years or more; and HDR Engineering is currently completing a condition assessment of the pipeline. Council Member Hernandez moved to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2023-176 16. 23-1691 Motion authorizing execution of a one-year supply agreement, with two one-year options, with Arnold Oil Company in an amount not to exceed $98,000.00, and a potential amount up to $294,000.00 if options are exercised, for motor oil to be utilized at Corpus Christi International Airport's Quick Turn Around Facility, with FY 2024 funding of $89,833.33 from Airport Customer Facility Charge Fund. This Motion was passed on the consent agenda. Enactment No: M2023-177 17. 23-1694 Motion authorizing execution of a one-year service agreement, with two one-year options, with United Rentals (North America) Inc. of Stamford, Connecticut, with an office in Corpus Christi, through Sourcewell Cooperative, in an amount not to exceed $183,402.00, with a potential amount of $550,206.00 if options are exercised, for the rental of three 10-14 yard dump trucks for Public Works, with FY 2024 funding of $168,119.00 from the Public Works Storm Water Fund. This Motion was passed on the consent agenda. Enactment No: M2023-178 Consent - Capital Projects 18. 23-1905 Resolution awarding a construction contract to JE Construction Services, LLC for the reconstruction of Airport Road, from Morgan Avenue to Horne Road, with new asphalt pavement, sidewalks, curbs and gutters, installation of ADA -compliant curb ramps, signage, pavement markings, upgraded street illumination and traffic signals, and utilities improvements in the amount of $8,930,712.00, located in Council District 3 with FY 2024 funding available from reallocated Bond funds, Street Bond 2020, Storm Water, Water, Wastewater and Gas Funds. City of Corpus Christi Page 7 Printed on 12/8/2023 City Council Meeting Minutes December 5, 2023 Mayor Guajardo referred to Item 18. A Council Member and Director of Engineering Services Jeff Edmonds discussed the following topic: to ensure that a bid is received for both asphalt and concrete. Council Member Hernandez moved to approve the resolution, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye: 9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033235 General Consent Items 19. 23-1700 Resolution setting a public hearing on January 23, 2024, to consider the land use assumptions and capital improvement plans for the designated service areas relating to the possible adoption of water, wastewater, stormwater, and roadway impact fees for the City of Corpus Christi and its extraterritorial jurisdiction. Mayor Guajardo referred to Item 19. Council Members, Director of Development Services Al Raymond, and City Attorney Miles Risley discussed the following topics: the January 23, 2024 public hearing is only to adopt the future land use, master plans, and associated Capital Improvement Plans; and a Council Member's desire for more public attendance during the public hearings. Council Member Hernandez moved to amend Section 2 to include "master plans" after the word assumptions, and possible "future" adoption, seconded by Council Member Roy. The motion passed unanimously. Council Member Hunter moved to approve the resolution as amended, seconded by Council Member Hernandez. This Resolution was passed as amended and approved with the following vote: Aye: 8 - Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Barrera Abstained: 0 Enactment No: 033236 Consent - First Reading Ordinances City of Corpus Christi Page 8 Printed on 12/8/2023 City Council Meeting Minutes December 5, 2023 20. 23-1724 Ordinance authorizing an amendment to the Participation Agreement with MPM Development, L.P., originally executed on November 7, 2017, to extend the contract term to November 7, 2024, and to increase City Participation by $185,887.26 for a total not to exceed $393,274.11 for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 7, located south of Yorktown Boulevard and east of Cimarron Boulevard; and amending the operating budget by transferring $185,887.26 from the Public Works (Street) Fund to the Development Services Fund. This Ordinance was passed on first reading on the consent agenda. 21. 23-1726 Ordinance authorizing an amendment to the Participation Agreement with MPM Development, L.P., originally executed on December 7, 2018, to extend the contract term to December 6, 2024, and to increase City Participation by $167,107.72 for a total not to exceed $352,113.09 for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 8, located south of Yorktown Boulevard and east of Cimarron Boulevard.; and amending the operating budget by transferring $167,107.72 from the Public Works (Street) Fund to the Development Services Fund. This Ordinance was passed on first reading on the consent agenda. K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 3:07 p.m. Executive Session Items 25 and 26 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 4:40 p.m. L. PUBLIC HEARINGS: (NONE) M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 22-24) 22. 23-1936 Ordinance authorizing the purchase of 4909 Kostoryz Road and 3115 McArdle Road from Ifergan Michel, LLC. for Fire Station 8 Replacement Project in an amount up to $290,000.00 and authorizing the use of the power of eminent domain, if needed, to acquire the property. Mayor Guajardo referred to Item 22. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Hunter moved to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on first reading and approved with the following City of Corpus Christi Page 9 Printed on 12/8/2023 City Council Meeting Minutes December 5, 2023 vote: Aye: 8 - Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Barrera Abstained: 0 23. 23-1923 Ordinance authorizing an option to sale contract with TG 110 Inc. for the sale of a 3.47 -acre parcel of surplus land located at or near 2212 Morris Street in Council District 1; and authorizing the related sale and conveyance of the 3.47 -acre parcel of surplus land located at or near 2212 Morris Street to the TG 110 Inc. for $10 and development of affordable housing. Mayor Guajardo referred to Item 23. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Members, Deputy City Manager Michael Rodriguez, and Director of Planning and Community Development Dan McGinn discussed the following topics: concerns that this property should be used for single family residential units; this property would be affordable housing for senior citizens; and a Council Member is in support of this property because density reduces crime. Council Member Roy moved to approve the ordinance, seconded by Council Member Klein. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Guajardo, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hernandez Absent: 1 - Council Member Barrera Abstained: 0 24. 23-1919 Ordinance amending the Corpus Christi Code to amend Chapter 49 Streets and Sidewalks and Chapter 53 Traffic regarding requirements for performing work in the public right of way and placement of utilities; providing for penalty; providing for publication. Mayor Guajardo referred to Item 24. Director of Public Works and Streets Ernest De La Garza presented information on the following topic: purpose -updates to city policies related to management of right-of-way. City of Corpus Christi Page 10 Printed on 12/8/2023 City Council Meeting Minutes December 5, 2023 Council Members, Director of Public Works and Streets Ernest De La Garza, Assistant Director of Public Works Renee Couture, City Attorney Miles Risley, and Assistant City Manager Neiman Young discussed the following topics: a Council Member's concern with the appeals process for permitting; and the City serves citations to contractors without a permit. Council Member Hernandez moved to postpone this ordinance, seconded by Council Member Hunter. This Ordinance was postponed until 12/12/2023 by the following vote: Aye: 8 - Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Barrera Abstained: 0 N. BRIEFINGS: (NONE) O. EXECUTIVE SESSION: (ITEMS 25-26) Mayor Guajardo referred to Executive Session Items 25 and 26. The Council went into Executive Session at 3:07 p.m. The Council returned from Executive Session at 4:40 p.m. 25. 23-1850 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 potential expansion of the lease of property at, adjacent, and near to the Art Center of Corpus Christi at 100 N. Shoreline Boulevard and properties adjacent thereto; and Texas Government Code § 551.072 to discuss and deliberate the lease or value of the aforementioned areas of real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E -Session Item was discussed in executive session. 26. 23-1894 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 proposals for the provision of groundwater from the Evangeline Aquifer, legal restrictions on the provision of groundwater, regulations of groundwater conservation district(s), TCEQ regulations related to potable water, state restrictions on rates and charges for utilities, other statutory restrictions on the issuance of debt and municipal contracting, Inner Harbor, desalination, and regulations related to provision of utilities and water treatment. This E -Session Item was discussed in executive session. City of Corpus Christi Page 11 Printed on 12/8/2023 City Council Meeting Minutes December 5, 2023 P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 5:30 p.m. City of Corpus Christi Page 12 Printed on 12/8/2023