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HomeMy WebLinkAboutMinutes City Council - 10/17/2000I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of October 17, 2000, which were approved by the City Council on October 24, 2000. WITNESSETH MY HAND AND SEAL, this 24th day of October, 2000. SEAL Armando Chapa City Secretary MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 17, 2000 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem John Longoria Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Assistant City Attorney Jay Reining Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Delia Estrada, Kelsey Memorial United Methodist Church, following which the Pledge of Allegiance to the United States flag was led by Council Member Garrett. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the joint and regular Council meetings of October 10, 2000. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Frank Longoria, 942 Poth, discussed the benefits of equipment he and his partner have designed which he said can save 900,000 gallons of water per day for a city the size of Corpus Christi. He said it also results in less wear on the treatment plants and related equipment. Mayor Neal asked Mr. Longoria to visit with Assistant City Manager Massey regarding that information. Mr. Jack Gordy, 310 Norton, reported excessive ant hills at Collier Park, a missing light bulb in the restroom there, and signs of graffiti on the building. Council Members Colmenero and Betty Jean Longoria agreed that improvements are needed at many of the city's parks, and Mrs. Longoria pointed out that there is very little money to maintain the parks. Mr. Phil Rosenstein said Corpus Christi is a good place for senior citizens to live with its many senior centers which offer dances, health screenings, lectures and various activities. There is also a coed softball team and Thanksgiving and Christmas dinners. Mr. Leon Perez, 904 Buford, said there was never a red tide before. He said he intends to vote Minutes - Regular Council Meeting October 17, 2000 Page 2 for the upcoming bond and sales tax initiatives. Mr. Abel Alonzo, 1701 Thames, said the city needs to increase its tax base or it will face serious problems in the future, which is one of the reasons he supports all the propositions. He said the Mayor and Council have worked hard to make the city's boards more inclusive and diverse. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-10). Council members requested that Item 5 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 2.a. M2000-368 Motion approving the purchase of one ARFF vehicle from Oshkosh Truck Corporation, Oshkosh, Wisconsin in accordance with Bid Invitation No. BI -0171-00 for a total amount of $594,514 based on low bid. The ARFF vehicle will be used by the Aviation Department. This item is a replacement. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 2.b. M2000-369 Motion approving the purchase of Personal Protective Clothing from Casco Industries, Inc., Pasadena, Texas in accordance with Bid Invitation No. BI -0176-00 for a total amount of $26,100 based on low bid meeting specification. The personal protective clothing will be used by Public Safety Officers at the Airport. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 3. M2000-370 Motion authorizing the City Manager or his designee to execute a construction contract with Mitchell's Unlimited for a total fee not to exceed $23,000 for the Choke Canyon Dam mercury manometer removal. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 4. M2000-371 Motion authorizing the City Manager or his designee to award a construction contract in the Minutes - Regular Council Meeting October 17, 2000 Page 3 amount of $93,916 to Quality Machine & Equipment Company for the FY00-01 Wastewater Clean -Out Installation Program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. M2000-373 Motion authorizing the City Manager or his designee to execute Amendment No. 1 for Stage 2 services to the engineering contract in the amount of $565,865 with Goldston Engineering, Inc. for the Lift Station Improvements and Carolyn Heights Diversion to Greenwood Wastewater Treatment Plant project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7. M2000-374 Motion authorizing the City Manager or his designee to execute Amendment No. 2 for Stage 2 services to the engineering contract in the amount of $171,907 with Smith, Russo & Mercer Consulting Engineers for the Hampshire Road Improvements from S.H. 358 to McBride Lane and Flour Bluff Estates Street Improvements, Phase 1, for a total fee not to exceed $350,337. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8. M2000-375 Motion authorizing the City Manager or his designee to execute Change Order No. 2 with Texas Department of Transportation in the amount of $62,566.08 for the addition of shoulder widening and leveling up as part of the Leopard Street Improvements, Phase 1 and 2 (Rehfeld to McKinzie) construction contract in accordance with the Advanced Funding Agreement. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9.a. M2000-376 Motion authorizing the City Manager or his designee to accept funding in the amount of $24,848 from the West Oso Independent School District E=MC2, 21" Century Grant Program to provide a structured after school and school holiday recreation program, in addition to a one time camping experience for junior high school youth. Minutes - Regular Council Meeting October 17, 2000 Page 4 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9.b. ORDINANCE NO. 024253 Ordinance appropriating funds in the amount of $24,848 from West Oso Independent School District E=MC', 21" Century Grant Program in the No. 1020 General Fund to provide recreational programs at West Oso Junior High School. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9.c. RESOLUTION NO. 024254 Resolution authorizing the City Manager or his designee to execute an Interlocal Governmental Agreement with West Oso Junior High School for the City to provide an after school program, a vacation day recreation program, and a camping trip to school age youth 12 to 16 years of age in consideration for the payment of $24,828 and use of West Oso Junior High School Facilities. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.a. M2000-377 Motion authorizing the City Manager or his designee to apply for a $100,000 Coastal Management Program grant from the Coastal Coordination Council to expand Ropes Park. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.b. M2000-378 Motion authorizing the City Manager or his designee to apply for a $60,000 Coastal Management Program grant from the Coastal Coordination Council to expand and enhance Falcon Park. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.c. M2000-379 Motion authorizing the City Manager or his designee to apply for a $60,000 Coastal Minutes - Regular Council Meeting October 17, 2000 Page 5 Management Program grant from the Coastal Coordination Council to construct a hike and bike trail along the south side of Whitecap Boulevard. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, street overlay projects. Council Member Scott asked if this project completes the 1986 bond program. Mr. Angel Escobar, Director of Engineering Services, said it does, adding that the overlay project came in within the estimated amount. In addition, staff has had meetings with the businesses fronting Alameda and Santa Fe and made arrangements with the contractor to not disrupt the businesses' activities during the holiday season. Mr. Escobar said there will be access to the hospitals at all times. He added that this project includes sanitary sewer sliplining for the lines along Santa Fe, which will be completed two years ahead of schedule. Council Member Kinnison asked if there were concerns expressed about changes in lane striping. Mr. Escobar said one citizen expressed concern about the striping, which he explained. Responding to Council Member Colmenero, Mr. Escobar said a partial order to proceed will be issued upon Council approval and then the work will get fully underway after January 1, 2001; completion is scheduled for July 2001. City Secretary Chapa polled the Council for their votes: 5. M2000-372 Motion authorizing the City Manager or his designee to award a construction contract in the amount of $4,429,603.95 with Haas -Anderson Construction Inc. for the South Alameda Street overlay, Santa Fe Street overlay and Weber Road overlay project (1986 Bond Program). The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 11, bond rebate. Mr. Jorge Cruz-Aedo, Director of Financial Services, said this action involves excess earnings that will be rebated to the Internal Revenue Service in accordance with the Internal Revenue Code. City Manager Garcia explained that since the financial instruments the city uses are tax-exempt, the city has a maximum amount of interest it can earn on those investments. When that amount is exceeded, the monies have to be rebated to the federal government. Responding to Council Member Kinnison, Mr. Cruz-Aedo said that each year the city does the arbitrage calculations, the excess earnings are booked against the liability account and are not Minutes - Regular Council Meeting October 17, 2000 Page 6 part of the appropriation process. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 11. M2000-380 Motion authorizing the City Manager or his designee to rebate $878,169.68 to the U.S. Treasury for the Series 1995A bonds issued for utility improvements as required by the Tax Reform Act of 1986; Section 148(F), of the Internal Revenue Code. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal recessed the regular Council meeting for the meeting of the Corpus Christi Industrial Development Corporation. * * * * * * * * * * * * * Upon reconvening the regular meeting, Mayor Neal referred to the presentations on the day's agenda. The first was an update by the Local Emergency Planning Committee (LEPC). Fire Chief J.J. Adame introduced Mr. Sam Williams, LEPC Administrator, Mr. Bob Allen, representing CITGO Refining and Chemicals, and Mr. Rich Tuttle, representing Koch Petroleum Group. Chief Adame explained that local emergency planning committees were established by federal law in 1987, prompted by the 1984 toxic release disaster in Bhopal, India. However, no federal or state funding was provided for the establishment of the LEPCs. Despite that fact, there has been a high level of participation among industry, government, and citizens' groups, which has resulted in the development over the years of safety videos, a web page, brochures, billboards, utility bill inserts, and public safety announcements. In addition, numerous "table top" exercises have been conducted. The Fire Chief said the LEPC participated in the Environmental Protection Agency's Regional Response Team conference in June 2000, and the EPA plans to print the LEPC's safety brochure in Spanish. In addition, the local committee has receive numerous awards from the National Coordinating Council on Emergency Management, the Chemical Educational Foundation, and the International Association of Emergency Managers. Chief Adame acknowledged the participation of the following entities: City of Corpus Christi, Koch, CITGO, Coastal Refining and Marketing, Elementis Chromium, Equistar, Ticona Polymers, Valero Refining, Nueces County, and the Port of Corpus Christi Authority. Mr. Tuttle discussed the efforts of the LEPC Risk Awareness Subcommittee. He said approximately 50 people have been meeting monthly for the past 18 months to educate citizens in the Coastal Bend about developing their own personal safety plan during certain emergencies. He Minutes - Regular Council Meeting October 17, 2000 Page 7 said their goals for this year include reinforcing shelter in place as an initial response during a chemical emergency; utilizing multiple notification tools, such as 911, radio, television and telephone call -down systems; and continuing to develop public information pieces, such as brochures and PSAs (several of which were televised during the Council meeting). Mr. Allen said he was representing Mr. Chuck Cazalas of CITGO, who co-chairs the Risk Awareness Subcommittee with Mr. Tuttle. Mr. Allen said that over the last seven years the LEPC has taken complicated material and made it understandable even for elementary -age children. He thanked the Council for their support and funding and he said the committee members would be willing to speak to groups throughout the area to promote safety awareness. Mayor Neal and several Council members commented that this community has come a long way regarding emergency preparedness. Mr. Garrett asked if the PSAs were available in Spanish, and Mr. Allen said they have been translated and they are working with the EPA on funding them. Mrs. Longoria asked if citizens have demonstrated more awareness about chemical emergencies. Mr. Allen said many of them have, particularly those living near the refineries on IH -37; however, many citizens on the southside do not feel they are at risk. Mrs. Longoria said city officials who recently attended a conference in Corpus Christi requested a workshop on the LEPC's efforts. Mr. Colmenero commented on the progress the committee has made over the years. *********** The second presentation was an update by the Planning Commission. Mr. David Berlanga, Chairman of the Planning Commission, recognized other members who were present --Elizabeth Richter, Shirley Mims, and Brook Sween -McGloin. Mr. Berlanga said that in its advisory role to the City Council, the Planning Commission tries to anticipate where growth will occur in the city. Two areas of anticipated growth are Padre Island and northwest Corpus Christi, while development on the southside and in Flour Bluff is expected to continue at its present rate. Mr. Berlanga said that to meet growth demands and to improve the city's character, the Planning Commission and city staff continue to develop city plans and zoning and platting regulation amendments that are consistent with adopted plans and policies. Their projects include the following: rewriting the local development codes (zoning and platting regulations); updating the Comprehensive Plan, which includes policy statements, city wide vision, and infrastructure and land use plans; reviewing the sign regulations in the Zoning Ordinance to provide appropriate sign allowances consistent with the use; preparing a master park and open space plan; developing traditional neighborhood and livable communities concepts and implementing pedestrian -oriented, medium -density zoning districts; and developing strategies for historically underdeveloped areas, such as the westside and northside. Responding to Mayor Neal, Mr. Michael Gunning, Director of Planning and Development, said there are 14 area development plans in the city. He said the only area that does not have an adopted area development plan (ADP) is Mustang/Padre Island, which was adopted by the Council but subsequently rescinded. He said many of the ADPs are being updated. He added that he would Minutes - Regular Council Meeting October 17, 2000 Page 8 like the Planning Department to move toward city-wide planning, such as the street plan, land use map, and public facilities plan as opposed to breaking up the city into 14 different areas. He said staff will bring back a formal recommendation to the Council regarding that issue; meanwhile, staff will continue to develop a unified transportation (street) plan for the Council's consideration. In reply to Council Member Kinnison, Mr. Berlanga said the sign regulations they are reviewing pertain to those in front of businesses, not to billboards. Mr. Kinnison commented on the multitude of large business signs along SPID. Mr. Berlanga said that is one of the things the Planning Commission will be looking into. Mr. Gunning added that that task is complicated and will probably take some time. Mr. Kinnison also expressed concem about billboards in the downtown area and excessive traffic on the southside. Mr. Berlanga briefly discussed the use of traffic management devices and the expenses associated with increasing the number of traffic lanes. Council Member Gonzales asked about the airport master plan. Mr. Gunning said the city has adopted plans that protect the airport from encroachment for noise and safety purposes. Dr. Gonzales said it is important to begin planning soon to improve the area along Hwy. 44 leading from the airport to the city. Mr. Berlanga said the Planning Commission is also concerned about the appearance of the areas along IH -37 Dr Gonzales said the sign advertising the fast-food restaurant located on the seawall does not fit in with the rest of the seawall. He also commented on the need for planning in the area under Harbor Bridge. Council Member Colmenero commented on sign regulations and growth in other areas of the city, including older neighborhoods, through the use of tax increment financing (TIF) districts. Council Member Scott said the city of Houston has utilized TIFs to provide affordable housing. Responding to a question from Mr. Scott, Mr. Gunning said billboards are not allowed in any of the island zoning districts. Mr. Scott also commented on the commission members' work (particularly Ms. Sween -McGloin and Deputy City Manager Noe) on the Platting Review Committee and the Zoning Review Committee. Council Member Betty Jean Longoria said she had asked the Planning Commission to consider stricter requirements for solid wooden screening fences as opposed to hurricane screening fences. She also said there is a problem with traffic in the northwest and that ADP is being updated. * * * * * * * * * * * * * The third presentation was made by Ms. Barb Sudhoff, Director of Municipal Courts. Before making her presentation on parking enforcement efforts, she noted that the Tiburon interface programming and testing has been successfully completed and the system will go "live" on October 23, 2000. She said the interface will allow police officers in the field to have access to Municipal Court warrants through both radio dispatch (which they currently have) as well as through the mobile data terminals in the patrol cars. Using a computer presentation, Ms. Sudhoff then described the Municipal Court's and Police Department's increased efforts at parking enforcement. She said there has been a problem with Minutes - Regular Council Meeting October 17, 2000 Page 9 people routinely ignoring the parking citations they receive. Ms. Sudhoff said that while Municipal Court receives parking citations from the airport and the Texas State Aquarium, by far the largest number of citations are received from the Police Department's Parking Control Section, which monitors the downtown area, Del Mar College, Spohn Shoreline hospital, and the area around the new federal courthouse. Ms. Sudhoff said that as of January 1999, Municipal Court assumed some of the responsibility for parking control from the Finance Department. She said the Court is now responsible for entering all parking citations, collecting all parking fines, and improving parking processes and revenues. She said the Court processes about 39,000 parking citations a year and only about 50% of them are resolved. In order to improve parking revenues, the Court is planning to implement a booting/immobilization program and to purchase hand-held ticket writers, which will allow the citation information to be directly uploaded into the Court's computer system. Regarding the booting program, Ms. Sudhoff said that beginning November 1st people who have more than three outstanding parking citations will be eligible to have their vehicle booted. This program is already authorized by city ordinance and has been instituted in the past by the Finance Department. Responding to Council Member Gonzales, Police Capt. Wayne Tisdale said that under the ordinance, the owner of the vehicle cannot be arrested but the vehicle itself can be impounded or booted if it is parked. City Attorney Bray added that presently the ordinance does not allow the owner of a vehicle to be stopped because of outstanding parking violations. However, staff intends to come back to the Council with a recommendation in that regard. Ms. Sudhoff said that before a vehicle is booted, the registered owner of the vehicle will receive written notification of his or her outstanding citations along with information about how to resolve those citations. She said the department will issue a news release informing citizens about the program before it is implemented. She said this program is meant to hold people accountable, address business owners' concerns, and improve parking revenues. In reply to Council Member Garrett, Ms. Sudhoff said a boot will be placed on a vehicle before 11:30 a.m. with accompanying signage informing the defendant that he needs to go to Municipal Court that day to address his citations. If he does, the boot can be removed that day; however, if he does not, the boot will stay on overnight. If the defendant does not resolve his citations, the city will impound the vehicle. Responding to Council Member Colmenero, Ms. Sudhoff explained how the Court and Parking Control will verify the status of outstanding citations before booting a vehicle. She added that the city has enough boots now but is looking into purchasing additional ones. Council Member Cooper asked about the time period on the citations, and Presiding Judge Rudy Tamez said it is two years. Ms. Sudhoff said there are many people who have received 40, 50 and 60 citations within the last two years. She added that they hope people will address the outstanding citations after they receive written notification so the city will not have to boot their vehicle. Council Member Kinnison asked about people who contest their citations or who cannot pay Minutes - Regular Council Meeting October 17, 2000 Page 10 their fines. Judge Tamez said that if a person wishes to plead not guilty, he must post a cash bond to pay for the citations; in addition, a hearing is scheduled within three days and the boot is removed. He added that the judges do not get involved until a defendant pleads not guilty or they claim the booting was done improperly. Responding to Dr. Gonzales, Capt. Tisdale said the civilians in the Police Parking Control Section work Monday through Friday from 8 a.m. to 5 p.m. He noted that the computer interface will allow the Police Department to identify other outstanding warrants a person may have. Council Member John Longoria said the booting program is another step in addressing the problem of scofflaws, which aids in the whole crime -fighting effort. Responding to a question from Mr. Longoria, Ms. Sudhoff said the fines are at the discretion of the judges. Council Member Scott complimented Ms. Sudhoff for their efforts and he suggested that the first few vehicles that are booted be publicized so as to draw attention to the program. Ms. Sudhoff pointed out that the written notification will state that the person has 10 days to resolve his citations before his vehicle is eligible for booting. In response to Dr. Gonzales, Mr. Bray said the ordinance allows for a range of penalties up to $500 so a judge can assess a heavier penalty for a frequent violator. Mr. Kinnison asked if there is anything preventing the publication of a person's name who has several parking citations. Mr. Garcia said they discussed that but they need to ensure that they identify the right people. He said sometimes the violator is not the owner of the vehicle. Mayor Neal asked staff to bring back additional recommendations on amending the ordinance to tighten the penalties even more. He then called for a brief recess. * * * * * * * * * * * * * The fourth presentation --on the Weed and Seed program --was made by Mr. Tony Cisneros, Director of Park and Recreation. He explained that Operation Weed and Seed is a comprehensive, multi -agency approach to combating violent crime, drug use, and gang activity in high -crime neighborhoods. The goal of the program is to "weed out" crime from targeted neighborhoods and then to "seed" the target sites with a wide range of crime- and drug -prevention programs and human services resources. Mr. Cisneros said the Corpus Christi Weed and Seed program supports four major strategies: law enforcement; community policing; prevention, intervention, and treatment; and neighborhood restoration. The law enforcement strategy is designed to reduce violent crime, drug trafficking and drug-related crime in targeted neighborhoods. The community policing strategy is designed to increase police visibility and develop cooperative relationships between the police and the citizens. The third strategy takes place after the first two "weeding" strategies. Through the use of safe havens, law enforcement, and social service agencies, the community can create an environment where crime can no longer thrive. And the neighborhood restoration strategy involves federal, state, local and private sector resources providing economic development and opportunities for residents. Mr. Cisneros discussed the history of Corpus Christi's Weed and Seed program. In August 1993 the city developed and proposed a Weed and Seed program for Census Tracts 4 and 5 but it Minutes - Regular Council Meeting October 17, 2000 Page 11 was not funded. Initially it was administered jointly by Housing and Community Development (HCD) and the Corpus Christi Police Department (CCPD). The city persisted and finally in March 1995 the Executive Office of Weed and Seed officially recognized the city as a Weed and Seed site. In May 1997 the city received notice of official recognition for the Weed and Seed Site II. In January 1999, administration of the program was transferred from HCD to the Park and Recreation Department. Mr. Cisneros then reviewed the local program's funding amounts and number of staff positions from its inception to the present. In 1993 the program received no funds from either the Department of Justice (DOJ) or the Community Development Block Grant (CDBG) program and it had one full-time staff position. In 2000, the program received $350,000 for Sites I and II from the DOJ and $50,000 from CDBG and it has four full-time and two part-time positions. Mr. Dan Whitworth, Assistant Director of Programs, discussed the breakdown of the Weed and Seed budget, which is divided into administration, programs, and subgrants. He said the administrative aspect consists of grant administration, the subgrant process, steering committee, "weeding" coordination, and program administration. The programs offered include the weeding program through the CCPD, Drug Education for Youth, fall and spring festivals, SEEDTECH, neighborhood clean-up, and 20 safe haven sites. Regarding the subgrant process, this year $170,655 will be awarded. The organizational chart consists of the Director of Park and Recreation and Assistant Director of Programs (whose salaries are paid out of the General Fund); Management Assistant IV (paid with CDBG funds); a Management Assistant I, and a Management Aide and part- time Outreach Worker at both Sites I and 1I (paid with DOJ funds). Council Member John Longoria asked several specific questions about the Corpus Christi Weed and Seed program, to which Mr. Cisneros and Mr. Whitworth responded. Mr. Longoria expressed concern about the amount of money spent on administration, and he asked about a memo dated October 2, 2000 from Mr. Cisneros which delineated Weed and Seed expenses. Mr. Whitworth noted that not all of the program's administrative costs are associated with administration of the subgrant process --community programs are also involved. He said since January 1999, city staff has worked closely with the Weed and Seed Steering Committee to see what their priorities are and to get some input on the organizations seeking grant funding. Mr. Longoria also questioned travel expenses and the SEEDTECH program, which Mr. Whitworth explained. Mr. Longoria said that according to the minutes of the August 31st steering committee meeting, some of the committee members feel confused about what they should be doing. Mr. Whitworth replied that the 78415 Steering Committee will soon be receiving some technical assistance training on development of requests for proposals, and the Weed and Seed Steering Committee members will observe that training. Mr. Cisneros added that staff is waiting to hear from the federal government about any funds carried over from the last fiscal year. Additional discussion ensued about the subgrant process. Council Member Gonzales asked if they were asking DOJ to change the direction of the local Weed and Seed program. Mr. Cisneros said the philosophy established by the DOJ will remain Minutes - Regular Council Meeting October 17, 2000 Page 12 intact. Council Member Betty Jean Longoria said that a few years ago she served on the committee and she said staff ensured that the citizens --and not staff --were selecting the projects. Mr. Longoria commented about expanding the Weed and Seed Steering Committee. * * * * * * * * * * * * * The fifth presentation was about the water pass through and drought management plan. City Attomey Bray said this presentation was initiated because of the declining water levels in the city's reservoirs. He said staff wanted to give the Council their assessment of the situation in case the drought continues, which they feel will be a six-month decision-making process. Mr. Bray reviewed the special conditions in the permit for the Choke Canyon Reservoir which was issued by the then -Texas Water Commission (now the Texas Natural Resource Conservation Commission-TNRCC) in 1976. He explained that since surface waters in Texas belong to the state, municipalities or other entities must seek permission from the state for the water's use. With regard to the use of the Choke Canyon Reservoir, the state made the following conditions, which Mr. Bray quoted: "Following completion and filling of Choke Canyon Dam and Reservoir, scheduled releases shall be made from the reservoir system at Lake Corpus Christi Dam together with return flows to the estuaries for the proper ecological environment and health of related living marine resources therein. Water provided to the estuaries from the reservoir system under this paragraph shall be released in such quantities and in accordance with such operational procedures as may be ordered by the Commission. Owners shall provide not less than 151,000 acre-feet of water per annum for the estuaries by a combination of releases and spills from the reservoir system at Lake Corpus Christi Dam and return flows to Nueces and Corpus Christi Bays and other receiving estuaries." Mr. Bray pointed out that the permit refers to return flows (which is water that goes through a treatment plant and is released back into the water system), spills over the dam and scheduled water releases. Responding to Council members' questions, Mr. Bray said the document from which he quoted is not a contract but a permit for the impounding and use of the water. He said the figure of 151,000 acre-feet was not based on scientific evidence because there was no clear evidence that a particular amount of water would produce a particular benefit. He said the thesis at the time was that the reservoir system's yield was expected to be 252,000 acre-feet. And it was expected that 60% of that would come back to the system through the so-called return flows, therefore the target became 151,000 acre-feet. However, said Mr. Bray, certain factors came into play to affect those figures. One was that water consumption became more efficient; consequently, only about 47% of the water went back into the system in the form of return flows. Also, the reservoir did not produce the amount of firm yield that was expected; and due to a severe drought from 1984 to 1987, it took much longer to fill Choke Canyon. When the reservoir did fill up in 1987, there was much controversy about the city's responsibility to begin releasing water as called for in the permit. Subsequently, in 1992 the city agreed to an interim order which allowed for a period of study of up to five years to see if a Minutes - Regular Council Meeting October 17, 2000 Page 13 permanent order could be developed. Mr. Bray said that in 1995 a permanent order was agreed upon, which states that when water impounded in the reservoir system is less than 70% of storage capacity, a target amount of 97,000 acre-feet is to be delivered to the Calalien Monitoring Station or the Nueces Delta through specific amounts each month. The order also states that releases from the reservoir system storage shall not be required to satisfy the targeted inflow amounts. Mr. Bray further explained aspects of the agreed order, noting that if the target pass-through for one month is exceeded because of spills of excess water, the excess is credited for up to 50% of the next month's requirement. Also, if Nueces Bay salinities are extremely low, pass-throughs are reduced or eliminated. With regard to drought exceptions, Mr. Bray said that pass-throughs are reduced or eliminated when lakes reach a certain level and drought measures are implemented. For example, when the amount of impounded water is less than 40% of capacity, pass-throughs may be reduced to 1,200 acre-feet (effectively 700 acre-feet) in any month if the city implements Condition II of the drought plan. And if the level drops below 30%, pass-throughs may be reduced to zero if the city implements Condition III of the drought plan. Mr. Bray discussed the main elements of the four conditions in the drought plan. He noted that they do not take into consideration the water the city is now receiving from Lake Texana via the Mary Rhodes Pipeline. He said Condition I is contemplated when the reservoir storage capacity is at 40%. Under that condition, customers are asked to voluntarily conserve water, city operations are placed on mandatory conservation, and watering of vegetation with city water is prohibited between 10 a.m. and 6 p.m. He said Condition II is contemplated between 30% and 40% and includes such restrictions as watering lawns every other week on designated days by limited methods. He said when Condition II is implemented, the Council shall appoint the Allocation and Review Committee. Mr. Bray said that Condition III can be implemented at 30% or less of the reservoir capacity, and it includes mandatory limits for water use without a penalty; in addition, a use level is established beyond which service is terminated. And Condition IV can be initiated at 65,000 acre- feet of capacity, which includes maximum residential customer use with revised rate schedules and penalties established by the City Council upon the recommendation of the Allocation and Review Committee. This condition also allows for any actions necessary to meet emergency conditions. The City Attorney also reviewed a comparison of the pass-throughs that would have been required under the 1992 order and what is required now under the 1995 order for each year from 1995 to 2000, which resulted in a total "savings" of approximately 237,000 acre-feet. He then discussed the effect of Lake Texana. He pointed out that present annual water usage is about 120,000 to 125,000 acre-feet, and Lake Texana provides 42,000 acre-feet per year, reducing demand on the reservoir system by one-third. Without the Lake Texana water, the level would have dropped to 40% around April 1, 2000 and to 30% in July. In addition, without the water from the pipeline the level today would be about 25% rather than the current level of 32.4%. Mr. James Dodson, Deputy Executive Director of the Nueces River Authority, said that evaporation losses are Minutes - Regular Council Meeting October 17, 2000 Page 14 the biggest demand on the system and as lake levels go down, the surface areas are also reduced, which means there is not as much evaporation. In summary, Mr. Bray said the issues to be addressed are as follows: when and whether to implement conditions of the Drought Contingency Plan; whether to proceed with exploration of the Rincon or Delta Project and an amendment to the agreed order; water legislative policy; opportunities for cooperation with other areas; and a review of the HDR Engineering study on the reservoir operating plan. Mr. Bray also discussed a tentative calendar for when to address those issues: November 14, 2000 - have presentations on the Rincon/Delta diversion project and water legislative policy; January 2001 - consider implementing Condition I; March 2001 - have a presentation by HDR under its contract to update the reservoir operating plan; and April 2001 - consider implementing Condition II (assuming that the drought continues). Council Member Garrett said he thinks it is unacceptable to make water releases at the levels the lakes are currently at, and he asked if the city can challenge the TNRCC's requirements. Mr. Bray said the issue can always be brought up again, and he noted that the present order has greatly lessened the impact of the water releases on the system. Mayor Neal pointed out that the city can stop the pass-throughs once the level drops below 30% by implementing the first three conditions of the Drought Contingency Plan. He added that even during the height of the 1995-97 drought, the Council did not implement Condition III because of the severe restrictions that are placed on citizens, businesses, and industry. City Manager Garcia said staff has considered the possibility of reopening discussions with the TNRCC about the water releases. He pointed out that the basic tenet of water rights is that no one is allowed to dry up a river by impounding it --some downstream flow is necessary for ecological reasons. Council Member Gonzales said he thought the Council should implement Condition I and consider options to discuss with the TNRCC. Responding to Council Member Scott, Mr. Ed Garafia, Water Superintendent, said that during the winter months water usage will drop off and the Mary Rhodes Pipeline will become the predominant source of water for the area. In addition, evaporation rates drop due to increased cloud cover. He also discussed the conservation efforts being carried out now. Responding to Mayor Neal, Mr. Dodson said that in August 1996 the reservoir capacity reached a low of 25.5%. Mr. Scott said he would also like to readdress the water release issue and the Rincon project with the TNRCC. Mr. Kinnison asked if money was being spent on studies that end up being of no benefit to the city. Mr. Dodson replied that the city has gathered years of important data about the estuarine system that became the basis for an effort in 1997 to develop the Rincon effluent diversion project. He said that information will provide opportunities to further address this issue with the TNRCC. Following additional discussion, Mr. Garcia said staff can bring projects to the Council that will affect the discussions with TNRCC. However, those projects could cost as much as $12 million Minutes - Regular Council Meeting October 17, 2000 Page 15 to $15 million and result in major rate increases, but produce very little additional water for the community. He added that the issue of water releases is very political and inflammatory, and he emphasized that with the Mary Rhodes Pipeline, this area has a sufficient water supply. Council Member Colmenero said the city does not have all the information it needs to amend the agreed order at this time. Mayor Neal reiterated that the Council could reduce or stop the water releases by implementing the necessary drought conditions, but they need to consider whether the result of that action is worth the restrictions and impact that would follow. He said a previous Council approved the diversion project, which will take years to implement and will cost millions of dollars. However, it was complicated by some permitting requirements. He said he feels the timing of this issue is very critical. Dr. Gonzales said he was not advocating going to Condition II now but to consider going to Condition I to improve conservation efforts and to begin preparing for further actions. Mayor Neal asked staff to bring back the diversion project for discussion by the Council. * * * * * * * * * * * * * The sixth presentation was an update on the 1986 bond program. Mr. Escobar explained that in April 1986 voters authorized $104,945,000 in general obligation bonds for seven separate propositions. In December 1995, the Council adopted a resolution stating that only $97,515,000 of the authorized bonds would be sold. As of October 17, 2000 all of the 1986 authorized projects have either been completed, are currently under construction, or were awarded by the Council during the meeting (Item 5 on the day's agenda). Mr. Escobar reviewed the funding amounts as follows: Airport - $3,105,000, 3%; Aquarium - $4,000,000, 4%; Parks - $13,435,000, 14%; Health and Safety - $9,500,000, 10%; Drainage - $4,840,000, 5%; Wastewater - $15,890,000, 16%; and Streets - $46,745,000, 48%. He said 18 of the authorized street projects are completed and six are ongoing, and seven additional street projects have been completed. Those projects entail the following streets: Airline, Alameda/Santa Fe/Weber, Annaville Area No. 3 (Margie), Cornett, Kostoryz, Leopard (Phases 1, 2 and 3), McArdle (Phases 1 and 2), Nile, and Spur 3, Phase 2 (Ennis Joslin). Referring to all of the 1986 projects, Mr. Escobar said 77 authorized projects were completed and 26 additional projects were completed. He added that opportunities to leverage funds with state and federal dollars have resulted in over $200 million in street projects from a $46 million bond investment and almost $1 million in additional park enhancements for Bay Trail. Council Member Betty Jean Longoria commented on the importance of the city being able to leverage funds for additional projects, such as Cornett, and additional funds for McKinzie. Mr. Escobar added that all of those additional projects were approved by the Council. Council Member Gonzales said a lot was accomplished but it took too long. City Manager Garcia pointed out that the 1986 bond package was passed without any provisions for how to pay for it, including no additional taxing authority and no additional income. He said the only way they were supposed to pay for the bond issue was through an increased tax base (which did not occur for many years). Minutes - Regular Council Meeting October 17, 2000 Page 16 Mayor Neal said the only tax increase was 1 cent in 1995, which was supposed to complete the bond program but it did not. And in 2000 the Council approved short-term debt of less than $5 million to complete the projects. Mr. Garcia said unless the 2000 bond issue passes, the city has no additional capacity for any capital improvements. Mr. Bray said the 1986 bond ballot language was broadly worded and in response to criticisms about that, the 2000 bond ballot language is very specific. As a result, the city is legally bound to construct those specific projects if they are approved by the voters. * * * * * * * * * * * * * Mayor Neal called for Council concerns and reports. Mr. Kinnison requested an update on the golf course RFP and an accounting of the Police Department's drug forfeiture fund. Mr. Scott said a graffiti perpetrator was recently severely prosecuted. Mrs. Longoria announced that Mayor Neal and members of Forward Corpus Christi will be speaking at a luncheon on October 19th of the Northwest Business Association. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:44 p.m. on October 17, 2000. ************ *