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.
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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
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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
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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.
* * * * * * * * * * * *
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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.
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