HomeMy WebLinkAboutMinutes City Council - 07/31/1984 - SpecialMINUTES
CITY OF CORPUS CHRISTI, TEXAS
SPECIAL COUNCIL MEETING
JULY 31, 1984
9:00 A.M.
Present:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Joe McComb
Frank Mendez
*Mary Pat Slavik
Absent:
Dr. Charles W. Kennedy, Jr.
City Manager Edward A. Martin
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Luther Jones called the meeting to order at 9:04 a.m. in the Council
Chamber of City Hall.
City Secretary Bill G. Read called the roll of required Charter Officers
and stated that the necessary quorum was present to conduct a legally
constituted meeting.
Mayor Jones stated that the purpose of the meeting was to discuss the Water
Conservation Plan and that this issue requires the best efforts of the staff,
citizens, and the City Council. He inquired of City Manager Martin as to the
status of the water situation.
City Manager Martin stated that the basic water supply of approximately
120,000 acre feet is contained in Lake Corpus Christi; there is a very small
amount remaining in Choke Canyon; and there is approximately one year's supply
of water left. He stated that the last week was very productive in that the
weather has been overcast, which results in less evaporation; the wells in
Campbellton have been shut down and maintenance work on the wells is being
performed. The wells will be reopened after the high evaporation period has
passed. He informed the Council that consideration is being given to opening
additional wells in the Kingsville area and possible studies of wells in the
Sinton area. He stated that 12 million gallons per day could be realized from
all of the wells. He stated that discussions have been held with the Bureau of
Reclamation about the possibility of importing water from Lake Texana to Corpus
Christi, stating that this would require building a pipeline at a cost of $123
million. A less expensive alternative would be to find a high pressure gas line
that could serve the area, which could have 550 lbs. per square inch, resulting
in 10 million gallons per day.
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*Council Member Mary Pat Slavik arrived at the meeting at 9:10 a.m.
He stated that the Council needs to amend the ordinance regarding water
conservation and actually begin mandatory limits. He stated that the City has
been very successful in the current stage.
He informed the Council that the industrial customers have made significant
improvements and the City is trying to work with them on a one to one basis;
some of the industrial customers are looking at the possibility of digging
wells; and whether it rains or not the City needs to develop systems that will
prevent water shortages. He stated that the City's water system is dependent
on shallow lakes and those lakes depend on major rains.
Mayor Jones inquired about the contract the City of Corpus Christi has with
the South Texas Water Authority and City Manager Martin explained that in 1980
the City entered into a contract with the Authority which encompasses portions
of Nueces and Kleberg County; the contract provides that the City would supply
approximately 10 million gallons per day after the completion of the
O.N. Stevens Plant, but not more than 3 million gallons per day before
completion of the Plant. He further stated that the possibility of reversing
the water line and bringing back water from the wells in Kingsville is being
considered and this would result in an additional 5 million gallons per day.
Mayor Pro Tem Betty Turner inquired as to how much rain the City actually
needs and Mr. Martin stated that that would depend on how heavy the rains falls
and when it falls. He stated that a 6 to 8 inch rain that would fall in the
watershed quickly would be sufficient, emphasizing that the key is the amount of
runoff. He further explained that the rain would be absorbed quickly into the
ground; therefore a heavy, quick rain is needed.
Mr. Doug Matthews, Director of Public Utilities, stated that one rainfall
can increase the lake four to five feet. He stated that a 6 to 8 inch rain over
the whole watershed would be sufficient and that in September of 1983 one rain
added to the stored water volume in Lake Corpus Christi.
Council Member Leo Guerrero inquired about water wells in the Flour Bluff
area and Mr. Matthews responded that those wells are satisfactory for one family
residences, but a water supply could not be developed from those wells.
Council Member Mary Pat Slavik asked how many gallons of water were in the
lake and Mr. Matthews stated that there are 325,000 gallons in a acre foot and
the lake has approximately 120,000 acre feet at present.
Mayor Jones stated that the City has a one year supply of water remaining
if it does not rain within that time.
Mayor Pro Tem Turner asked what the present consumption for the City was
and Mr. Matthews stated that the total lake withdrawal is about 95 million
gallons per day.
City Manager Martin pointed out that if the City could use the wells, they
would bring in 12 million gallons per day and if the pipeline is used, that
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would bring in 10 million gallons per day,
to four months to the one year period.
Mayor Jones referred to desalinization
be defined clearly. He inquired as to the
period involved.
which could add an additional three
and stated that alternatives need to
cost of desalinization and the time
City Manager Martin stated that that would depend on the condition and the
quantity of the water that could be brought in. He informed the Council that in
Virginia Beach the cost for desalinization was $400 million and studies by
Dupont reflected the same figures. He stated that desalinization would be a
long-term, backup alternative; that engineering studies would have to be
performed; and that in some areas the desaliniated water is of the same quality
that is coming from the City's wells.
Council Member Brown asked if the City would be required to implement
another stage of the conservation plan if it does not rain, and City Manager
Martin stated that if limits are placed on the consumption, another stage could
possibly be implemented if it does not rain.
Council Member Brown inquired about the pipeline from Lake Texana and City
Manager Martin stated that such a pipeline would take years to complete and
would cost approximately $20 million.
Council Member Slavik inquired if there was going to be any further studies
on the treatment of wastewater and Mr. Matthews stated that the City is trying
to find industrial or other use so that it could be used in its current state.
Council Member Mendez inquired if the City had been in contact with the
governing body regarding Lake Texana and City Manager Martin stated that
discussions had been held with the Bureau of Reclamation, and indicated that the
amount of water to be received would be dependent on the capacity of the pipe-
lines; Lake Texana has an ample supply of water, but this could not be a
permanent arrangement.
Mayor Pro Tem Turner stated that the staff has done a good job and it is
important that the Council move forward.
A motion was made by Mayor Pro Tem Turner that the Corpus Christi City
Council immediately create a Water Advisory Commission responsible for
aggressively studying all possible alternate sources of water, and their
respective costs. The Commission should be non-political, and consist of
qualified technical persons from industry and the business community. Following
their study, the Commission shall report back to the City Council on the
method(s) or system(s) they recommend for securing additional usable water, as
well as on suggested financing procedures. The City Council shall review the
recommendations with staff and take whatever action is feasible and necessary to
insure this community of sufficient water for the future.
The motion was seconded by Council Member Guerrero.
Council Member Guerrero reiterated that the commission not be political.
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Council Member Berlanga stated that this commission should be composed of
people from the industrial sector.
Council Member Slavik inquired as to how often this commission would report
to the Council and Mayor Pro Tem Turner stated that reports should be made each
month or twice per month.
City Manager Martin stated that this is a good idea and appointments to the
Water Advisory Commission would be on the agenda next week.
Mayor Pro Tem Turner stated that in Austin there had been talk regarding a
chemical cover to avoid evaporation and indicated that this would be a long term
solution.
Mayor Jones called for the vote on Mrs. Turner's motion and it passed
unanimously.
* * * * * * * * * * * *
Mayor Jones called for consideration of the ordinances and stated that
there were two separate ordinances. The first, to amend the code, and the
second, to authorize mandatory limits. He asked that City Manager Martin
explain the staff's recommendations.
City Manager Martin stated that the first item is
the code pertaining to water conservation.
recommendations, definitions and adds conditions 1 and
conditions could become effective as necessary. He
enabling ordinance.
the ordinance that amends
It contains, changes,
2, so any portion of the
stated that this is the
Mayor Jones referred to paragraph nine of the proposed ordinance, regarding
swimming pools and inquired if this would prevent refilling of the pools and if
the water could be reused. City Manager Martin stated that the pools could not
be refilled and stated that the different conditions of the ordinance would be
done in stages.
Mayor Jones inquired if the first ordinance was a plan
implementation and City Manager Martin stated that the first
apply year after year, and the second ordinance implements
sections 2, 3, and 4.
of action, not
ordinance could
Condition III,
Mayor Jones then read the Declaration of Policy of the proposed first
ordinance and then called for comments from the audience on the first ordinance.
Mr. A. D. Lynn, 5021 Merganser, Pacesetter Pools, stated that swimming
pools represent a source of good, useable water; i.e., fire protection and
drinking water. He stated that he hoped the Council would allow citizens to use
their allotments however they wanted.
Mayor Pro Tem Turner inquired if apartments would be categorized as
commercial dwellings and City Manager Martin stated that the first ordinance
does not designate who is commercial and who is residential. She then inquired
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if health facilities would be a separate category. Mr. Martin stated that if
that was going to be a permanent category, it needed to be in the first
ordinance and if any changes are made, the ordinance would have to be amended.
Mrs. Turner inquired if the allocation would have restricted uses and Mr.
Martin stated in the affirmative.
Council Member Brown inquired if hospitals would have an aPlocated amount
and Mr. Martin stated that they too would have an allotted amount and could be
penalized if they exceed that allotment. Council Member Brown stated that
hospitals should not be penalized if they have taken measures to conserve.
Mayor Jones stated that Memorial Hospital has already cut back on their
consumption and Council Member Brown reiterated that hospitals should not be
penalized.
Mayor Pro Tem Turner inquired about larger families and Mr. Martin stated
that that is addressed in the second ordinance; that any exceptions would have
to be heard by the Water Allocation Committee; that if certain facilities are
given a larger amount, it would be impossible to determine if they had taken all
possible measures to conserve.
Council Member Slavik inquired if the Building Code reflected water
conservation and City Manager Martin stated that the Council had adopted
amendments to the Plumbing Code to incorporate water conservation on July 10,
1984. Mrs. Slavik then inquired if this applied to construction in progress and
Mr. Martin stated that it did not.
Council Member Berlanga inquired if previous usage would be considered for
commercial laundries and Mr. Martin stated that this is addressed in the second
ordinance; it is designated as 75% of the average previous usage; and each
customer will get a card stating what they will be allocated.
Mayor Jones called for comments on the first ordinance.
Mr. Craig Smally, 5728 Leopard, Envirocare, stated the he felt lawn
watering should not be totally eliminated; small companies cannot afford to
handle effluent; and he urged that citizens be allowed to use their allocation
in whatever fashion they wanted.
City Manager Martin stated that the allocation is without penalty; if
citizens are allowed to use water and the only penalty is money, those who can
afford it will do what they want. He further stated that the City is hoping not
to collect any money, emphasizing that this is not an economic issue and certain
uses need to be prohibited.
Council Member Guerrero referred to increasing the pumps at the wastewater
plants. He referred to his memo dated July 30, 1984 outlining the steps and
cost to increase the number of pumps at the wastewater plants.
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A motion was made by Council Member Guerrero that the pumps, as outlined in
his memo, be installed and the staff report to the Council on this. The motion
was seconded by Mayor Pro Tem Turner.
City Manager Martin stated that the staff would report to the Council in
two weeks on the wastewater pumps.
The motion passed unanimously.
Mr. Ken Freedly, 4221 Center, stated that watering lawns was wasteful; he
quoted his water consumption since December; stated that apartments are using
18,000 gallons of water; and meters could be installed in apartments.
Council Member Slavik inquired as to the cost of water meters and Mr.
Matthews stated they would be approximately $20 each.
City Manager Martin stated that apartments present a unique problem and
installation of meters would be a matter between the landlord and the tenant.
Mr. Willard Hammonds, 4418 Ocean Drive, stated that apartments should not
be placed in the commercial classification, but in a classification of their
own.
Mr. Martin stated that the first ordinance states that the Council will set
a limit for industrial, commercial, and residential and Mr. Hammonds reiterated
that apartments need a separate classification.
Mrs. Turner agreed with Mr. Hammonds' statements.
A motion was made by Mayor Pro Tem Turner that Section 4, Part C,
subsections 2 and 3 be eliminated and replaced with the wording, "A mandatory
limit of normal water use by customers without use penalty, in amounts as
determined by the City Council." The motion was seconded by Mary Pat Slavik and
passed unanimously.
City Secretary Read called for the vote on the ordinance, as amended, and
it passed as follows:
ORDINANCE NO. 18383
AMENDING CHAPTER 55, ARTICLE XII, ENTITLED WATER CONSERVATION, SECTIONS
55-150:153 (INCLUSIVE), CORPUS CHRISTI CITY CODE, AS AMENDED, PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, McComb and Slavik "aye";
Guerrero and Kennedy absent at the time the vote was taken.
* * * * * * * * * *
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Mayor Jones asked City Manager Martin to explain the second ordinance.
Mr. Martin stated that the intent of this ordinance is to limit the amount
of water a customer may use and if more than that amount is used, the customer
would pay a penalty; residential customers would be limited to 6,000 gallons
without penalty; the goal is to restrict water usage; and if a customer choses
to pay a penalty, there would be point at which the water meter would be
removed.
He further stated that commercial and industrial customers will be
restricted to 75% of their consumption for the same month last year; the penalty
for those who use over 20,000 gallons would be that of a residential customer;
5% over that amount would cost one times the normal rate; 5% over that amount
would cost three times more; and any amount over that would cost ten times more.
Mr. Martin stated that the reason for the 6,000 gallon limit for
residential customers is that this figure is one that a majority of people can
live with and apartments would be included in the commercial category; i.e., 75%
of last year's consumption for the same month.
Mayor Jones inquired as to what other cities have done with the same
problem and City Manager Martin stated that an analysis was done in Virginia
Beach with the only difference being the amount allocated was by family size.
He pointed out that it takes a prohibitive type of penalty to encourage people
to stop using water and stated that in California use was restricted to 40 to 50
gallons per day per person and 6,000 gallons per month equals to those figures.
Mayor Jones referred to Council Member McComb's memorandum outlining an
allocation plan based on the number of persons in a family.
Council Member McComb stated that his allocation plan would include
apartments as residences. He stated that the allocations would be as follows:
1-2 persons, 6,000 gallons; 3-4 persons, 7,000 gallons; 5-6 persons, 8,000
gallons; 7-+ persons 9,000 gallons. He stated that a direct mailing to all
customers would be made, requesting information on how many people live at that
residence; the card would have a place to sign for verification, and in the
event of false information, a fine of $10.00 per day from date of signature
until false statement is discovered would be imposed. He stated that he felt
most citizens would give an honest response, although randoms checks would be
made.
Mayor Jones inquired if this would be technically feasible and Mr. Martin
stated that it would.
Council Member Guerrero suggested that the Council go further and double
the surcharge for usage over 10,000 gallons, stating that anything over 10,000
was definitely an abuse for those who have been allocated that amount.
Council Member Mendez stated that this would bring usage to 547,945,00
gallons per month and inquired how this would affect the goals the City is
trying to accomplish. Mr. Martin stated that this would be an additional 87
million gallons per month.
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Council Member Mendez stated that there are numerous families with more
than seven members and he felt that these families were being asked to sacrifice
more than others. He suggested that families of 8 or more be allowed 10,000
gallons with no surcharge.
Council Member Guerrero suggested that families of 7-8 be allowed 10,000
gallons; 9-10, 12,000 gallons; 11-12, 14,000 gallons.
Council Member Mendez stated that this would make the matter equal, because
in some instances larger families were being asked to cut back up to 50%.
Council Member Brown indicated his concurrence with this idea.
Council Member Berlanga agreed with Mr. Mendez' and Mr. Guerrero's
statements.
Mayor Pro Tem Turner agreed that allotment and surcharge should be based on
family size and stated that the staff had done a report which shows how to limit
a household to 6,000 gallons.
Council Member Slavik stated that in California a city had been limited to
32 gallons per day per person and this City would be allocating 40 gallons per
day per person.
Mayor Jones asked what would be the time frame for implementation if this
was brought to the Council next week with amendments on the size of the family
and the surcharge.
City Manager Martin stated that the staff has prepared four or five
alternatives; in terms of the time issue, the ordinance would be effective after
August 15, with meters being read the second time after August 15; the surcharge
would not be on the bills until after September 15; and it needed to be adopted
to be able to be online by September 15; if passage of the ordinance is delayed
one week, the effective date would be August 22, 1984.
Mayor Jones called for comments from the audience on the second ordinance,
stating that each person would be limited to three minutes. Mayor Pro Tem
Turner urged that the Council be provided with solutions, not just problems.
Mrs. Strickland, 4531 Kostoryz, stated that she owns a laundromat and feels
that her type of business should not be restricted on the amount of water it can
use.
Mr. Bob Gulley, 4044 Magee Lane, urged that mobile homes be placed in a
residential category.
Mrs. Betty Brandesky, 4017 Cork, stated that she has put forth an effort to
conserve water and she felt that 6,000 gallons per month was too much.
Mr. Leroy McClintock, 780 Collingswood, stated that he owns Texas Uniform
Rentals and his business has already reduced consumption by 50%. He stated that
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washaterias should be allocated 100% of their consumption because they will have
an increase of residential customers who are trying to save their allocation.
Mr. Lee Brandon, 3025 Quail Spring, stated that Dr. C.M.G. Buttery had
stated at the Water Allocation and Review Committee meeting that the City needs
to conserve water, but that laundry facilities support the public and serve a
health need, and indicated that all city projects; i.e., landmass, new hotels,
should be detained until the water crisis is over.
Mrs. Henrietta Newbury, 606 Chase, stated that she has problems with her
meter being read incorrectly or not read at all, and felt that if there was
going to be a limit and a surcharge, the meters should be read correctly.
Mr. A.C. Skinner, 309 Laurel, stated that hospitals, nursing homes,
laundries and self-service laundries are all essential services and indicated
that these services should not have water allocation, stating that their
services would be in higher demand.
Mr. Dave Torres, Qwik Wash Laundry, stated that he is in a "Catch 22"
situation; he is being asked to cut back 75%, but at the same time his business
will increase.
Mrs. Johnnie Huminston of Lynn Haven Resthome stated that they have
conserved water where they could; this facility is dealing with the sick and
those not mentally alert; they have 98% occupancy year-round; and asked the
Council to consider health facilities.
Mr. Willard Hammonds spoke again and stated that the ordinance should
provide a "sunset clause". He stated that landlords have very little control
over how much water the tenants use and expressed the opinion that apartments
should be allotted the residential amount of water.
Council Member McComb stated that the staff would need the population
breakdown of the apartments and Mr. Hammonds indicated that this could be made
available if so requested.
Mr. Jim Preis, 5930 Killarney, stated that he owns apartments in Corpus
Christi; the best they can hope for is that the tenants will conserve water; and
he stated that apartments should be classified as residential.
Council Member Berlanga inquired about installing separate meters for
apartments and Mr. Preis stated that this would represent a large amount of
money and that it would not be feasible.
Mr. Gene Ritter, 4110 Nicklaus, owner of Ritter Laundry, stated that it
would be impossible for him to cut back 25% and still serve the public.
Council Member Mendez stated that he felt citizens would still wash their
clothes at home if they have the facilities; therefore, there would not be an
influx of people at the laundries.
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Mayor Jones stated that a policy needs to be adopted and feels that certain
industries cannot be exempt.
Mayor Pro Tem Turner inquired if Dr. Buttery had supported this request.
Mr. Martin stated that the Water Allocation and Review Committee was voting
and recommending something that did not even exist; that hardships only exist
when everything possible has been done to reduce; and stated that businesses
will need to make some decisions.
Council Member McComb stated that Red Carpet Carwash had made the decision
to close on Sundays; they were willing to make that contribution towards water
conservation; and the bottom line is how will businesses operate when there is
no water at all.
Mr. John Lehman, 3910 Lowman, stated that the Building Owners and Managers
Association had met; there are different ways in which to conserve and one way
is with a cooling tower for airconditioning; they have reduced consumption 25%;
and stated the the Association supports the Council's efforts.
Mr. John Campbell, 445 Sharon, stated that he is an apartment owner and
urged that apartments be considered residential.
Mr. Jim Powers, 4801 River View Trail, stated that he sympathizes with
larger families and supports allocation by family size, but he does not agree
with the surcharge.
Mr. Farrell Smith, former Mayor, stated that he sympathized with the
Council for the type of decision they have to make and felt that all users
should be allocated 75% of last year's consumption.
Council Member McComb stated that this is a program of conservation and
that before any meter is disconnected there should be a hearing.
Mayor Jones asked if the City Manager would make the decision to remove a
meter and Mr. Martin replied in the affirmative.
Mayor Jones stated that the ordinance should be based on family size and
inquired of Mr. Martin about the time frame.
A motion was made by Council Member McComb that the ordinance on mandatory
limits be amended to adopt a residential allocation plan by family size based on
the number of persons living in unit at the time of implementation. The motion
was seconded by Council Member Frank Mendez.
Council Member Berlanga inquired about the water supply if this
recommendation is approved and Mayor Jones stated that this would increase
consumption by 2.8 million gallons per day.
Council Member McComb stated that his figures are based on Quintana
Refinery remaining shut down and DuPont reducing consumption by 35%.
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Mayor Jones stated that the Council should adopt acceptance of an
allocation formula based on family size and Council Member Mendez stated that
the percentage of the surcharge should be the same for each allowable usage
classification.
Council Member Guerrero reminded the Council that any fines collected would
be placed in a fund for water studies; the Council formed a committee; anything
over 9,000 gallons is an abuse and should be fined.
Council Member Brown stated that the major point is that larger families
should be allocated a larger amount.
Mayor Pro Tem Turner agreed with Council Member Mendez in that an
incremental surcharge should be formulated.
Council Member Berlanga inquired if the City could provide separate meters
for residents that have two homes on one lot and Mr. Martin stated that this
could be done for a charge.
The motion made by Council Member McComb and seconded by Council Member
Mendez to adopt the concept for an allocation formula based on family size
passed unanimously.
City Manager Martin stated that he would report to the Council with four
different formulations for their review and an amended ordinance. He stated
further that the mailout of the cards would get underway.
Mayor Pro Tem Turner inquired about the "sunset" provision and City Manager
Martin stated that this would be included in the amended ordinance.
A motion was made by Mayor Pro Tem Turner and seconded by Council Member
Guerrero to adjourn.
City Manager Martin suggested that the Council devote the workshop meeting
of August 7, 1984 to water conservation and the Council agreed.
The motion to adjourn passed unanimously at 12:36 p.m., July 31, 1984.
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