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2022-06-27 CITY COUNCIL REGULAR MEETING MINUTES Pearland City Council Regular Minutes June 27, 2022 MINUTES OF A CITY COUNCIL REGULAR MEETING OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 27, 2022 AT 6:30 PM, IN PEARLAND CITY HALL COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER Mayor J. Kevin Cole called the meeting to order at 6:30 p.m. II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG Councilmember Layni Cade gave the Invocation and Councilmember Jeffrey Barry led the Pledge of Allegiance to the United States of America Flag and the Texas Flag. III. ROLL CALL AND CERTIFICATION OF QUORUM Mayor J. Kevin Cole Councilmember Joseph Koza Councilmember Alex Kamkar Councilmember Layni Cade Councilmember Jeffrey Barry Councilmember Woody Owens City Manager Clay Pearson Deputy City Attorney Lawrence Provins Deputy City Secretary Tia Moore Mayor Pro-Tem Tony Carbone and Councilmember Adrian Hernandez were absent. IV. CITIZEN COMMENTS Maria Dicicco, 3202 Wild Turkey Ln, stated her concerns regarding the ethics ordinance. Dr. Jason Perry, 3903 Cedarwood Dr, stated his concerns regarding traffic signals and City Council. V. CONSENT AGENDA A. Consideration and Possible Action - Approval of minutes for City Council Special Meeting and City Council Regular Meeting on June 13, 2022. B. Consideration and Possible Action - Excuse the absence of Councilmember Barry and Councilmember Owens from the May 13, 2022 City Council Regular Meeting. C. Consideration and Possible Action - The reappointment of Associate Judge Catherine Samaan to a four-year term expiring on July 1, 2026. D. Consideration and Possible Action - Resolution No. R2022-139 - A Resolution of the City Council of the City of Pearland, Texas, amending a unit price contract for the purchase of motor fuel from Houston-Pasadena Apache Oil Company, in the additional amount of $138,500.00 (total contract amount of $937,500.00). DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525 Pearland City Council Regular Minutes June 27, 2022 E. Consideration and Possible Action - Resolution No. R2022-141 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply contract for the purchase of Debris Monitoring Services with Thompson Consulting Service, for the period of July 11, 2022 to July 10, 2023. F. Consideration and Possible Action - Resolution No. R2022-142 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit supply contract for the purchase of Debris Management Services with Ceres Environmental Services, for the period of July 11, 2022 to July 10, 2023. G. Consideration and Possible Action - Resolution No. R2022-143 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into an Interlocal Agreement with the County of Galveston; the City of Webster; the City of Seabrook; the City of League City; the City of South Houston; the City of Texas City; and the City of Friendswood for Breath Alcohol Technical Supervisor Services through the Texas Department of Public Safety. Councilmember Cade made the motion, seconded by Councilmember Barry, to adopt Consent Agenda Items A through G, with the exception of A. AYES: Cade, Kamkar, Owens, Koza, Barry. NAYS: None. The motion carried. VI. MATTERS REMOVED FROM CONSENT AGENDA A. Consideration and Possible Action - Approval of minutes for City Council Special Meeting and City Council Regular Meeting on June 13, 2022. Councilmember Kamkar made the motion, seconded by Councilmember Cade, to amend the City Council Regular Meeting minutes from June 13, 2022 to include comments for New Business No. 7 that was postponed due to the personnel hours were not in the best interest of the taxpayers. AYES: Cade, Kamkar, Owens, Koza, Barry. NAYS: None. The motion carried. VII. NEW BUSINESS Mayor Pro-Tem Tony Carbone entered the Council Chambers for New Business Agenda Items #3, #4, and #5. 1. Consideration and Possible Action – Second Reading of Ordinance No. 1605-6 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 1605-5, the 2021-2022 Annual Budget Ordinance, DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525 Pearland City Council Regular Minutes June 27, 2022 to facilitate the changes identified herein; providing a savings clause, a severa-bility clause, a repealer clause, and an effective date. Councilmember Barry made the motion, seconded by Councilmember Owens to adopt Ordinance No. 1605-6. AYES: Barry, Owens, Koza, Kamkar, Cade. NAYS: None. The motion carried. 2. Consideration and Possible Action - Resolution No. R2022-138 - A Resolution of the City Council of the City of Pearland, renewing the employee health insurance benefits, stop loss and administration services with Cigna, renewing employee dental insurance with Cigna, renewing employee vision plan benefits with UNUM, renewing life and disability plans to Symetra and renewing the flexible spending plans with WEX/Discovery. Councilmember Owens made the motion, seconded by Councilmember Cade to adopt Resolution No. R2022-138. AYES: Owens, Koza, Kamkar, Cade, Barry. NAYS: None. The motion carried. Resolution No. R2022-138 is adopted. 3. Consideration and Possible Action – First and Only Reading of Ordinance No. 1618 - An Ordinance of the City Council of the City of Pearland, Texas, authorizing the issuance of City of Pearland, Texas Certificates of Obligation, Series 2022A; prescribing the terms thereof; providing for the payment thereof; awarding the sale thereof; making other provisions regarding such certificates and matters incident thereto; and declaring an emergency. Councilmember Koza made the motion, seconded by Councilmember Barry to adopt the First and Only Reading of Ordinance No. 1618. AYES: Koza, Carbone, Cade, Barry, Owens. NAYS: Kamkar. The motion failed. City Manager Clay Pearson asked City Council for reconsideration of this item. Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone for reconsideration of the First and Only Reading of Ordinance No. 1618. AYES: Koza, Kamkar, Carbone, Cade, Barry, Owens. NAYS: None. DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525 Pearland City Council Regular Minutes June 27, 2022 The motion carried. AYES: Cade, Carbone, Kamkar, Owens, Koza, Barry. NAYS: None. The motion carried. First and Only Reading of Ordinance No. 1618 is adopted. 4. Consideration and Possible Action – First and Only Reading of Ordinance No. 1617 - An Ordinance of the City Council of the City of Pearland, Texas, authorizing the issuance of City of Pearland, Texas Certificates of Obligation, Series 2022B; prescribing the terms thereof; providing for the payment thereof; awarding the sale thereof; making other provisions regarding such certificates and matters incident thereto; and declaring an emergency. Councilmember Kamkar made the motion, seconded by Councilmember Carbone to adopt the First and Only Reading of Ordinance No. 1617. AYES: Cade, Carbone, Kamkar, Owens, Koza, Barry. NAYS: None. The motion carried. First and Only Reading of Ordinance No. 1617 is adopted. 5. Consideration and Possible Action – First and Only Reading of Ordinance No. 1616 - An Ordinance of the City Council of the City of Pearland, Texas, authorizing the issuance of City of Pearland, Texas Certificates of Obligation, series 2022C; prescribing the terms thereof; providing for the payment thereof; awarding the sale thereof; making other provisions regarding such certificates and matters incident thereto; and declaring an emergency. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Cade to adopt the First and Only Reading of Ordinance No. 1616. AYES: Cade, Carbone, Kamkar, Owens, Koza, Barry. NAYS: None. The motion carried. First and Only Reading of Ordinance No. 1616 is adopted. 6. Consideration and Possible Action - Resolution No. R2022-132 - A Resolution of the City Council of the City of Pearland, Texas, renewing a contract for cleaning services (City Facilities) to A & A Cleaning Services, in the estimated amount of $576,889.18, beginning July 7, 2022 through July 6, 2023. Councilmember Koza made the motion, seconded by Councilmember Owens to adopt Resolution No. R2022-132. AYES: Koza, Kamkar, Cade, Barry, Owens. NAYS: None. The motion carried. Resolution No. R2022-132 is adopted. DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525 Pearland City Council Regular Minutes June 27, 2022 7. Consideration and Possible Action- Second and Final Reading of Ordinance No. 1462-4 - An ordinance of the City Council of the City of Pearland, Texas, amending Article 5, Chapter 2, Ethics of the City of Pearland Code of Ordinances as it applies to members of Council; having a savings clause, a severability clause, and a repealer clause; providing for codification and an effective date. Councilmember Kamkar made the motion, seconded by Councilmember Barry to adopt Second and Final Reading of Ordinance No 1462-4. Councilmember Kamkar made the motion, seconded by Councilmember Cade, to postpone the Second and Final Reading of Ordinance No. 1462-4 to the next regular meeting on July 11, 2022 AYES: Kamkar, Cade, Barry, Owens, Koza. NAYS: None. The motion carried. 8. Consideration and Possible Action - Resolution No. R2022-122 - A Resolution of the City Council of the City of Pearland, Texas, amending the City’s Comprehensive Financial Management Policy Statement to enhance the City’s long-term goal of maintaining fiscal health and stability. Councilmember Kamkar made the motion, seconded by Councilmember Owens to adopt Resolution No. R2022-122. Councilmember Kamkar made the motion, seconded by Councilmember Cade to amend Resolution No. R2022-122 by removing "up to". AYES: Kamkar, Cade, Owens. NAYS: Koza, Barry. The motion carried. AYES: Kamkar, Cade, Barry, Owens, Koza. NAYS: None. The motion carried. Resolution No. R2022-122 is adopted as amended. VIII. OTHER BUSINESS There was none. IX. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION Discussion - Council discussion regarding options for transitioning from the adopted 32/30 water billing plan to a true-up payment plan or other options, with the intent to end the 32/30 billing plan. DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525 Pearland City Council Regular Minutes June 27, 2022 Felicia Harris Hoss, 3112 Sumac, stated her concerns regarding water the 32/30 water billing. Jimmy Davis, 5004 Colmesneil Dr, stated his concerns regarding water the 32/30 water billing. Water Billing and Collections Manager, Nancy Massey discussed this item and answered questions from the councilmembers. Director of Engineering and Public Works, Robert Upton answered questions from the board regarding the implementation of AMI. Mayor and City Council gave staff direction to compile data for the two (2) options presented by citizens and place the options for consideration at the next City Council Regular Meeting on July 11, 2022. No action taken. X. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session at 9:02 p.m. Council returned from Executive Session at 11:56 p.m. Executive Session 551.072 - Real Property - Deliberations regarding the purchase, sale, lease or exchange of real property. Executive Session 551.074 - Personnel Matters - Discussion regarding performance and duties of the City Manager related to employee and departmental relations. Executive Session 551.071 - Consultation with City Attorney - Legal Consultation Regarding Texas Commission on Environmental Quality ("TCEQ") Effluent Rules and Regulations. Executive Session Section 551.074 – Personnel Matters – Regarding City Council ratification of the City Manager's appointment of the City Secretary. XI. NEW BUSINESS CONTINUED 9. Consideration and Possible Action - Regarding City Council ratification of the City Manager's appointment of the City Secretary. Councilmember Koza made the motion, seconded by Councilmember Cade for ratification of the City Manager's appointment of the City Secretary. AYES: Cade, Kamkar, Owens, Koza, Barry. NAYS: None. The motion carried. DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525 Pearland City Council Regular Minutes June 27, 2022 10.Consideration and Possible Action - Regarding the purchase, sale, lease or exchange of real property. No action taken. XII.ADJOURNMENT Mayor Cole adjourned the meeting at 11:57 p.m. Minutes approved as submitted and/or corrected this the 11th day of July 2022. J.Kevin Cole Mayor ATTEST: Leslie Crittenden City Secretary DocuSign Envelope ID: 487FA7C9-ADBF-4C7F-94A5-3EEC3B24F525