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HomeMy WebLinkAboutMinutes City Council - 10/29/2002I 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 29, 2002, which were approved by the City Council on November 12, 2002. WITNESSETH MY HAND AND SEAL, this 12`h day of November 2002. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 29, 2002 - 1:05 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier D. Colmenero Council Members: Brent Chesney Henry Garrett Bill Kelly Rex A. Kinnison John Longoria* Jesse Noyola Mark Scott* City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle Parry Mayor Neal called the meeting to order in the Council Chambers of CityHall. The invocation was delivered by Deacon Peter Horseman, Our Lady Star of the Sea, and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. 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 regular Council meeting of October 22, 2002. A motion was made and passed to approve the minutes as presented. *Council Member Scott arrived at the meeting. Mayor Neal called for consideration of the consent agenda (Items 2-13). City Secretary Chapa said that Council Member Noyola would abstain on Item 12. Council members requested that Item 9 be discussed. There were no comments from the audience. Mr. Chapa polled the Council for their votes and the following passed: 2. ORDINANCE NO. 025059 Ordinance authorizing the City Manager or his designee to execute a quit claim deed for the conveyance of a 20 -foot wide strip of land out of Lot 6, Section 19, Flour Bluff and Encinal Farm and Garden Tracts to the Unitarian Universalist Church of Corpus Christi. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 3. ORDINANCE NO. 025060 Ordinance authorizing the City Manager or his designee to execute a use privilege agreement with Island Foundation Inc. for the right to construct and maintain a six-inch PVC casing with a 3 -inch force main that will extend approximately 95 -feet across the Encantada Avenue Minutes - Regular Council Meeting October 29, 2002 - Page 2 Street right-of-way (ROW) and connecting foundation facilities on each side of said right-of- way; establishing a fee of $245. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 4. M2002-356 Motion authorizing the City Manager or his designee to execute a one-year contract with Marsh USA Inc. to obtain crime insurance (Forms 0, B, C and F) for an estimated annual premium of $9,012, all in accordance with Request for Proposal BI -0010-03. This one-year contract provides for three additional one-year renewal options. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 5. M2002-357 Motion authorizing the City Manager or his designee to execute a one-year interlocal agreement with Texas Municipal League Intergovernmental Risk Pool to obtain property insurance for an estimated annual premium of $794,205.33, all in accordance with Request for Proposal BI -0010-03. The one-year contract provides for three additional one-year renewal options. The following insurance coverages will be provided under the contract: commercial property; windstorm, hurricane and hail; electronic equipment; antenna equipment; boiler and machinery; flood; and excess flood coverage. This amount includes individual flood policies for specific properties brokered by Texas Municipal League and insured through Omaha Property and Casualty. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 6.a. M2002-358 Motion authorizing the City Manager or his designee to accept a grant in the amount of $39,784 from the State of Texas, Criminal Justice Division for continuation funding available under the Violence Against Women Act (VAWA) Fund and to execute all related documents. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 6.b. ORDINANCE NO. 025061 Ordinance appropriating $39,784 from the State of Texas, Criminal Justice Division in the No. 1050 Federal/State Grants Fund for continuation funding available under the Violence Minutes - Regular Council Meeting October 29, 2002 - Page 3 Against Women Act (VAWA) Fund and appropriating $4,841 from the No. 6010 Law Enforcement Trust Fund in the No. 1050 Federal/State Grants Fund as the grant match. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 7. ORDINANCE NO. 025062 Ordinance appropriating $881.48 in interest earnings from the Unreserved Fund Balance in the No. 1050-820800 Law Enforcement Block Grant 2000 and appropriating $1,940.31 in interest earnings from the Unreserved Fund Balance in the No. 1050-820801 Law Enforcement Block Grant 2001 Grant Fund for purchase of law enforcement equipment. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 8. RESOLUTION NO. 025063 Resolution authorizing the City Manager or his designee to submit a grant application in an amount up to $25,580 to the Texas Department of Public Safety, Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program, to fund: a) creation ofa pipeline computer database; b) update and improve current emergency operation plans, c) create and disseminate public awareness brochures and infomercials on pipeline safety and preparedness in the event ofa leak or spill, and d) enhance the Fire Department's website. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 10.a. M2002-359 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $56,580 and execute a contract with the Corporation for National and Community Service for the continuation of the Senior Companion Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 10.b. ORDINANCE NO. 025074 Ordinance appropriating a renewal grant in the amount of $56,580 from the Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for the Senior Companion Program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Minutes - Regular Council Meeting October 29, 2002 - Page 4 Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 11. ORDINANCE NO. 025075 Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-250, Schedule I, One-way Streets and Alleys, Section (A-1) School Areas, by establishing a one-way traffic pattem on the following street sections during the school hours for George Evans Elementary School: southbound one-way pattern on North Alameda Street between Caldwell Street and Comanche Street; and northbound one-way pattern on Sam Rankin Street between Comanche Street and Caldwell Street; and providing for penalties. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 12. ORDINANCE NO. 025076 Ordinance authorizing the City Manager or his designee to execute a short-term lease for a period not to exceed one year between the City of Corpus Christi and the General Services Administration (GSA), acting for the Transportation Security Administration (TSA), for approximately 6,710 square feet of rentable office space. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott voting "Aye"; Noyola abstaining; Longoria absent. 13. ORDINANCE NO. 025077 Ordinance amending Section 9-37 of the Code of Ordinances relating to the consumption of alcoholic beverages upon the property of the Corpus Christi International Airport, to allow the Director of Aviation to make exceptions for special occasions. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, Solid Waste grants. Council Member Scott asked about the $10,000 grant for the recycling media/outreach program (Items 9.c. -d.) and whether the city has an overall plan to increase recycling. Mr. John Sendejar, Superintendent of Administration for Solid Waste Services, said most of that funding will be utilized for media advertising. Mr. Scott said he thought the Council needs to discuss the recycling program and Mayor Neal agreed that it should be discussed during the budget process next year. City Secretary Chapa polled the Council: 9.a. RESOLUTION NO. 025064 Resolution authorizing the City Manager or his designee to execute an interlocal agreement Minutes - Regular Council Meeting October 29, 2002 - Page 5 with the Coastal Bend Council of Governments in the amount of $45,000 for household hazardous waste disposal costs. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.b. ORDINANCE NO. 025065 Ordinance appropriating $45,000 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for household hazardous waste disposal costs. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.c. RESOLUTION NO. 025066 Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Coastal Bend Council of Governments in the amount of $10,000 for a recycling media/outreach program. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.d. ORDINANCE NO. 025067 Ordinance appropriating $10,000 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for a recycling media/outreach program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.e. RESOLUTION NO. 025068 Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Coastal Bend Council of Governments in the amount of $10,000 for a household hazardous waste media/outreach program. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.f. ORDINANCE NO. 025069 Ordinance appropriating $10,000 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for a household hazardous waste media/outreach program. Minutes - Regular Council Meeting October 29, 2002 - Page 6 An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.g. RESOLUTION NO. 025070 Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Coastal Bend Council of Governments in the amount of $5,000 to publicize and increase participation in Stop Trashing Corpus Christi community clean-up events. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.h. ORDINANCE NO. 025071 Ordinance appropriating $5,000 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund to publicize and increase participation in Stop Trashing Corpus Christi community clean-up events. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.i. RESOLUTION NO. 025072 Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Coastal Bend Council of Governments in the amount of $55,000 for the purchase of a brush loader. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.j. ORDINANCE NO. 025073 Ordinance appropriating $55,000 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for the purchase of a brush loader. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 14, and a motion was made, seconded, and passed to open the public hearing to vacate and abandon a 26,054.28 square foot portion of a dedicated 40 -foot wide undeveloped public right-of-way within the proposed Victoria Park, Unit 7 Subdivision. There were no comments from the public. Mr. Scott made a motion to close the public hearing, seconded by Mr. Kinnison and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting October 29, 2002 - Page 7 14.b. ORDINANCE NO. 025078 Ordinance vacating and abandoning a 26,054.28 square foot portion of a dedicated 40 -foot wide undeveloped public right-of-way within the proposed Victoria Park, Unit 7 Subdivision; subject to compliance with the specified conditions and the owner re -platting the property within 180 days at the owner's expense. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item 15) was regarding the Corpus Christi Beach Association's (CCBA) "Back to the Boardwalk"project. Mr. Steve Bonillias, CCBA co -chairperson, announced that on November 1-3 they will have the second annual festival and carnival to raise funds for that project. He said that with the support of the Council and the city, their goal is to build a world-class, ADA -accessible boardwalk on Corpus Christi Beach. Mr. Bonillias showed a conceptual drawing of the boardwalk and noted that the initial phase of it will start at the U.S.S. Lexington Museum on the Bay and run to Villa del Sol. He said they hope to eventually extend the boardwalk down the whole distance of Corpus Christi Beach. Through the assistance of Ms. Patricia Garcia, Grants Administrator, the city secured a $60,000 grant from the General Land Office and now the CCBA needs to raise $40,000 by the end of 2002. Mr. Bonillias said they are optimistic they will reach their goal. Council Member Scott asked if the condominiums and hotels on Corpus Christi Beach are unanimously in support of the project and Mr. Bonillias replied affirmatively. He said the boardwalk will run along city property far enough from the water so that it will not be affected by erosion. He said Shiner Moseley is the engineering firm that put together the concept and they have been working closely with the beach association. Mr. Bonillias said the $100,000 will build approximately one- fourth to one-third of the boardwalk. He said that $400,000 will be needed over the years to build the whole extension, which will be ADA -accessible. He said they feel that constructing the first phase will spur development on the beach. Council Member Chesney said he wished to personally contribute to the CCBA's fund raising efforts. Council Member Colmenero recognized three other CCBA committee members who were present. He said this is a great project which is reminiscent of the development that was present on then -North Beach several decades ago. In reply to Council Members Kinnison and Garrett, Mr. Bonillias further described specific aspects of the project. Mr. Kinnison said this is a good concept. * * * * * * * * * * * * * The second presentation (Item 16) was the Crime Control and Prevention District (CCD) highlights from 1997-2002. Police Cmdr. Bryan Smith, CCD Coordinator, said that on November Minutes - Regular Council Meeting October 29, 2002 - Page 8 4, 1997, the citizens of Corpus Christi voted to establish a crime control and prevention district, which is funded by a sales and use tax at a rate of 1/8th of one percent (collection of the tax began April 1, 1998). On November 5, 2002, voters will be asked to continue the district for five years. Cmdr. Smith said the CCD's goals are: to fund additional police officers in high -crime areas of the city; to decrease the incidence of criminal offenses associated with young offenders; to provide preventive measures regarding gang activity; to reduce citizens' fear of crime; and to further the ability of police to fight crime by adding technological enhancements and new equipment. The CCD Coordinator also discussed the district's accomplishments. He said that 50 sworn officers have been added to the Police Department, 10 of which were added to the Juvenile Enforcement Team. He said that action has allowed the JET to be proactive in dealing with gang crime and violence, resulting in 1,309 felony arrests, 2,534 misdemeanor arrests, and 317 weapons seized. Cmdr. Smith said there are eight directed patrol officers who have been instrumental in the boarding up of 241 gang and drug houses. In addition, 300 tons of trash and abandoned vehicles have been removed from neighborhoods. Other accomplishments include the formation of the Campus Crime Stoppers program in April 1999. It is now active in seven high schools and six middle schools. They have awarded $10,476 for tips in 277 total cases. He said they confiscated 48 weapons and 141 drugs from area schools. In addition, they solved five bomb threats and participated in 13 felony arrests. Cmdr. Smith said that one of the district's greatest accomplishments is the formation of the Juvenile Assessment Center, which has had 1,183 total intakes and only 91 repeat offenders. Also, 391 families took advantage of the center's case management services. He noted that juvenile arrests have decreased from 2,625 in 1996 to 1,005 in 2001. Advances have also been made in the areas of street lighting (where over 300 locations have either been enhanced or added) and replacement of high -mileage police vehicles (16 marked, 10 unmarked, five crime scene vans, one prisoner transport vehicle, and 19 marked additional vehicles). Cmdr. Smith also discussed the pawn shop detail, in which pawn shops downloaded 1.8 million pieces of property into the computer system and 5,996 items were recovered with a total value of $1.18 million. In addition, 1,080 cases were solved as a result of recovered property; prior to having the pawn shop detail, only $60,000 was recovered annually. He said the CCD funds have also been used to expand the canine unit with one officer and a canine named Falco. He said the total street value of drugs seized is $588,600 along with $7,000 in cash and seven vehicles seized. Cmdr. Smith said the video imaging system project is now operational and soon the department will be sending out mugshots to police officers via their units' laptop computers. The CCD coordinator said the bottom line is that all of the CCD's goals have been met through a lot of hard work by the district's board and city staff (particularly Management and Budget). He said that prior to the establishment of the district, the city did not have the resources and manpower to effectively institute community policing methods. Cmdr. Smith also showed a video of the CCD's successes. *Council Member Longoria arrived at the meeting. Minutes - Regular Council Meeting October 29, 2002 - Page 9 Ms. Linda Bridges, President of the CCD Board, thanked the Council for their appointments to the board. She said the members have been committed to making the district effective and viable and they are hopeful that the district will be reauthorized by the voters to continue empowering citizens. Mayor Neal said the Council appreciates the information the board has been providing. He then recessed the meeting to read the day's proclamations. * * * * * * * * * * * * * Upon reconvening the meeting, the Mayor referred to the third presentation (Item 17), the Bond Issue 2000 quarterly report No. 6. Mr. Angel Escobar, Director of Engineering Services, said that as of October 29, 2002, the City Council will have awarded 36 general obligation bond construction contracts to complete 55 different projects. Using a chart, Mr. Escobar reviewed the status ofthe bond projects as follows: Public Health and Safety - one completed, three under construction, and one involved in negotiations for the selected site; Park and Recreation - 25 completed, two pending "punch list" items (near completion), four recently bid and beginning construction, and one will be completed with city forces pending the completion of the four remaining lighting projects; Street Improvements - three are well under construction, eight are beginning construction, four are pending award, six are on-going, six are under design, and three are awaiting coordination with the Texas Department of Transportation. Mr. Escobar then responded to Council members' questions regarding the Laguna Shores Road project, sidewalks around schools, and Ayers Street (SPID to Port Avenue). There was also a discussion of the time line and location ofthe new public safety training center. Mr. Escobar noted that 29 of the 36 contracts awarded have gone to local companies for a value of $15.8 million. He said the total amount of general obligation bond construction contracts awarded is $21.4 million. Council Member Scott asked staff to convey to TXDOT his disappointment with Pate & Pate, the contractor for the McArdle Road project (Everhart to Weber). * * * * * * * * * * * * * The fourth presentation (Item 18) was the quarterly update on the seawall, sidewalk and marina bulkhead project. Mr. Jeff Massengill, Executive Vice President of Shiner, Moseley & Associates (SMA), introduced Mr. Brent Moore, an engineer from SMA who is working with the contractor in the field. Mr. Massengill noted that this is a $45 million project that contains multiple components and contracts. He said design started in 2001 and the project is scheduled to be completed in mid- to late -2006. Mr. Massengill explained that the city's flood protection system utilizes several components and this project involves four of them: backwater levee gates, lower -level bulkhead at the Art Museum of South Texas, seawall proper, and the T -Heads and L -Head. He said the seawall has been broken up into five contracts: pilot program and contract B-1 from the Barge Dock to Power Street; contract B-2/Part A involving the Lawrence Street T -Head and Coopers Alley L -Head; contract B- 2/Part B from Peoples Street to Power Street; contract C on the marina reach; and contract D extending from the breakwater along McGee Beach. Minutes - Regular Council Meeting October 29, 2002 - Page 10 Mr. Massengill then discussed the completed improvements to the backwater levee storm gates, in which the contractor was able to cut the installation time of the storm gates to one-fifth of the previous time by using aluminum components instead of creosote. Responding to Council Member Scott, Assistant City Manager Ron Massey said that during the recent large rain events, they put the gates up to keep the water from going into the downtown area—basically it keeps water from moving from one watershed to another watershed. The next contract discussed by Mr. Massengill was B-1, the Art Museum bulkhead project, which is 85% complete. He showed photographs of the progress in which the contractor removed the debris from the site, drove anchor piles for the anchorage system, drove steel sheet piling in the front, and poured the concrete cap for the bulkhead. Now they are placing concrete paving behind the lower -level bulkhead to protect the upper flood wall. Mayor Neal asked if there are any plans to build a walkway to connect the Art Museum with the Ortiz Center at the port. Mr. Kevin Stowers, Assistant Director of Engineering Services, said that additional link to the Ortiz Center is not part of this program but this lays the basis for the walkway, which will be pedestrian and ADA -accessible. Mr. Massengill said the concrete is strong enough for pedestrian and some vehicular traffic. Mr. Massengill then reviewed the time lines of the five contracts, adding that they are working to minimize construction work during peak summer months in the areas heavily visited by tourists. He said the overall project is on schedule and in line with the budget. Responding to Council Member Colmenero, Mr. Massengill further described the Art Museum bulkhead project. Mr. Escobar said this update will be available on the city's website by the end of next week. Council Member Garrett referred to the flooding that occurred downtown on October 24 and October 28. He said there was concern that some stormwater pipes were relocated when the new federal courthouse was built, and he asked if that would have any effect downtown. Mr. Massey said there was no relocation of pipes—the only change was the closing of a section of Water Street behind the federal c ourthouse. Mr. Escobar added that the underground horseshoe -shaped stormwater system remained in place. Mr. Garrett said it seems that the downtown area had not previously experienced the type of flooding that has occurred in the last few years. Mr. Escobar said that area has continuously had flooding but possibly not to that extent because the majority of pipes in that area are designed to only handle a two-year rain event. Mr. Garrett asked if the blow-out of the pressure conduit underneath Mesquite Street near Mama Mia's restaurant on October 24 had anything to do with the flooding around the Education Service Center on Water Street. Mr. Escobar replied that flooding would have occurred regardless because that rain event was greater than a 100 -year rain event. However, the blow-out added to the flooding problems. He said the water spilled both to the north and to the south. Mr. Garrett asked if the Kinney Street pump station was working properly. Mr. Escobar said staff had an independent engineer review the situation during the October 24 rain event and he Minutes - Regular Council Meeting October 29, 2002 - Page 11 concluded that the pumps at Kinney Street and Power Street were running continuously during that rain event. He added that staff needs to do an internal investigation of the line that blew out to determine its structural integrity. He said that for whatever reason, there have been more intense and more frequent rain events in the last few years than occurred previously. He said the pump stations are capable of pumping the water to the bay but the conduits cannot handle that volume of water. Mr. Garrett asked if there is anything the city can do—with the exception of spending $30 million to $40 million—to give the downtown business people some relief from these flooding problems. City Manager Garcia said they cannot fix the problem without spending money. Ms. Valerie Gray, Stormwater Superintendent, said downtown areas that have historically flooded include around the U&I Restaurant, the Appraisal District, the Education Service Center, and Water Street, which are the lowest points downtown. She said since she joined the Stormwater Department in 1995, she has noticed that there have been bigger and bigger rain events over the years. She added that the underground pipes downtown have not been improved or increased in size since they were installed several years ago. Mr. Garcia then distributed to the Council the "Downtown Drainage Implementation and Improvement Plan" prepared in 1999 by Russell-Veteto Engineering Inc. (RVE) and an October 28, 2002 memo from Mr. Randy Thompson, an independent engineer, about the downtown flooding that occurred on October 24, 2002. He noted that the RVE report recommends constructing 17 total projects over five years at a cost of about $12.7 million. However, he said that is not all the work that needs to be done in that area but it is a start. Ms. Gray said those projects are listed as future projects in the Stormwater capital improvement plan (CIP). In addition, RVE is recommending building a pump station at Water Street at a cost of about $18.5 million by itself. Mr. Colmenero asked if this will affect the seawall repair project. Mr. Escobar replied that they have made provisions in the existing contract for the future pump station in the northern portion of the drainage area, along with the actual flap gates (check valves). He said staff will be sliplining the old concrete 1938 -era pipes with polyethylene pipes so the barnacles will not clog them. He said the pipes vary in size from 18 inches to 42 inches in diameter. He noted that the seawall project will not impact the pump stations. Ms. Gray added that the pipes along Water Street and Chaparral Street are at a lower elevation than the seawall, so water has to go to the pump stations to be pumped out. Responding to Mr. Scott, Mr. Escobar said that RVE's estimated costs include a repair of the street but not a complete repaving of the street. Mr. Scott questioned why there would be pump stations designed for 100 -year rain events while the conduits can only accommodate two-year rain events. Mayor Neal said that problem exists all over the city when similar rain events occur. Ms. Gray said part of the problem is the increased quantity of water due to the lack of impervious surface. Mr. Scott said that three separate occurrences contributed to the severity of the downtown flooding on October 24: the 100 -year rain event itself (about 6.5 inches fell in just a few hours); the Salt Flats outfall channel overflowed and entered the downtown drainage basin near the convention center; and the blow-out of the Mesquite Street pressure conduit spewed even more water and about 135 tons of material down toward Water Street. Mr. Scott said they know there is a problem with Minutes - Regular Council Meeting October 29, 2002 - Page 12 flooding downtown and the reality is that this community has not grown at a sufficient rate to be able to handle such issues; consequently, the required maintenance is deferred. Council Member Chesney said the downtown business owners' main concern is how to avoid future flooding problems, including the flooding that occurs even with small rain events. Mr. Garcia said that due to the insufficient size of the underground pipes, statistically downtown will basically flood every two years. In reply to Mr. Chesney, Mr. Massey said the capital improvement plan will be presented to the Planning Commission in November and there will be public hearings associated with that. Mr. Garcia said that currently all of the Stormwater Department funding comes from the water rates. He said as staff completes the stormwater master plan and the magnitude ofthe deficiencies ofthe city's stormwater system become more apparent, staff will propose alternative methods for funding stormwater improvements that will be separate from the CIP. He said that previously they have not been able to get consensus on how to fund stormwater improvements. Mr. Chesney said he thinks the consensus may exist now and it is a priority for him. Mr. Garcia said staff can bring back a recommendation by the next Council meeting on November 12. Mayor Neal asked about the status of the stormwater master plan. Ms. Gray said they had discussed holding a workshop with the Council. She said there is a hold up on the policy of city participation with new development. Council Member Kelly said that flooding is a problem throughout the city and he feels they cannot increase capacity downtown without doing so throughout the rest of the city. Mr. Escobar said additional funding will be needed to not only meet the level of protection criteria for new development but also to bring up the older areas of the city to that level. He added that some of the previously used rain event criteria has changed. He said the RVE study is recommending improving the downtown area to a 25 -year rain event capacity. Mr. Escobar said even if those improvements had been in place on October 24, many businesses still would have flooded but the water would not have risen as high. Mr. Garcia said there is $5 million slated for stormwater improvements in next year's CIP. Council Member Kinnison asked when staff plans to hold the stormwater workshop. Mr. Escobar said they would like to schedule it in November or December. Mr. Garcia said the standards they are talking about affect new development. He said as the city increases the criteria for the level of protection in new subdivisions, the developers' costs go up and, consequently, homeowners' costs increase as well. He added that some of the most expensive projects are retrofitting existing neighborhoods to the new standards. Mr. Kinnison said that while the downtown flooding was severe, there was extensive flooding all over the city due to the enormity of the rain event on October 24. He said this issue has been discussed for many years because it involves extensive funding implications and the prioritization of a vast number of projects. Council Member Noyola said he agrees with Mr. Kinnison that they need to have a workshop on the stormwater master plan. Minutes - Regular Council Meeting October 29, 2002 - Page 13 Mayor Neal opened discussion on Item 19, seawall reconstruction. There were no comments from the audience. Council Member Longoria asked if electrical outlets are included in the design and Mr. Escobar said they are included. City Secretary Chapa polled the Council as follows: 19.a. M2002-360 Motion authorizing the City Manager or his designee to execute Amendment No. 8 in the amount of $2,214,900 with Shiner Moseley and Associates Inc. of Corpus Christi, Texas, for the seawall reconstruction project B-2 (Part A and Part B). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 19.b. M2002-361 Motion authorizing the City Manager or his designee to execute a geotechnical services contract in an amount not to exceed $126,820 with Fugro South Inc. of Corpus Christi, Texas, for the seawall reconstruction project B-2. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 20, desalination project. Mr. Massey explained that in April 2002, Govemor Perry announced a desalination initiative and in August the Texas Water Development Board (TWDB) published requests for proposals inviting statements of interest by November 1, 2002. He said the City of Corpus Christi has been working on a statement of interest to submit to the TWDB. Mr. Massey said that locating a desalination project in the Coastal Bend would demonstrate the following: Texas' resolve for a drought -proof water supply; state-of-the-art technology; and innovative financing. He said the project would also promote inter -regional cooperation and regional spending and employment. He said Corpus Christi is a viable site because of previous progressive water planning efforts, including the Mary Rhodes Pipeline and other sources which have secured the area's water supply through 2060. In addition, Corpus Christi is close to other users and the city has local and regional support for the project. He said the city's system can serve municipal and industrial customers in a 12 -county area. Mr. Massey then reviewed the scope of the Corpus Christi Regional Water System: water rights to 438,300 acre-feet at Choke Canyon Reservoir and Lake Corpus Christi; Lake Texana contracts for 46,340 acre-feet of water; the 101 -mile Mary Rhodes Pipeline with a capacity of 112,000 acre-feet of water; and 35,000 acre-feet of water rights at Garwood. Mr. Massey said the city is proposing creating a quasi -government organization which would go out and seek proposals for a design/build/operate/transfer desalination facility. He said that process is currently going on in Minutes - Regular Council Meeting October 29, 2002 - Page 14 Tampa Bay, Florida, and San Diego, California. He said at this point the city is not specific because it needs to go through the RFP process. The Assistant City Manager said the Texas Coastal Bend project team would consist of these entities: project leader - City of Corpus Christi; prospective public partners - State of Texas, regional planning groups, municipalities, various river and water authorities, and local universities; and prospective private partners -energy partner, technology partner and engineering and construction. Mr. Massey said the city is proposing using the Barney Davis Power Station, which sits on a 2,000 -acre site owned by AEP. An 8 -acre tract of land north of the plant has been identified as being available for siting the desalination facility under a long-term land lease agreement. He said that significant features of this site are its existing raw water intake, cooling ponds and cooling water outfall. The power station is permitted to withdraw 540 million gallons per day (mgd) of water from the Laguna Madre for cooling purposes. He said in order to obtain 25 mgd of fresh water, the plant would take in 62.5 mgd of salt water, with 37.5 mgd of brine that would be discharged. Mr. Massey said the city has received letters of support from these entities: Lavaca-Navidad River Authority, University of Texas Marine Science Institute, Nueces River Authority, State Regional Water Planning Groups "P" and "N," and the Coastal Bend Bays and Estuaries Program. He said there are other proposals being circulated; for example, the San Antonio Water System (SAWS) and the San Patricio Municipal Water District (SPMWD) have a proposal for a smaller operation at San Patricio (4 mgd of bay water and 4 mgd of brackish ground water). He said that could have a negative effect on Corpus Christi's water system because if there is 8 mgd less water drawn by them, that drives the cost of raw water up to the remaining customers. Council Member Scott said he thought the state was looking for a large facility, such as 25 mgd, rather than an 8 mgd plant. Mr. Massey replied affirmatively, adding that SPMWD has a membrane desalination facility and they are doing a pilot program with funding from the Bureau of Reclamation on the pre-treatment of salt water. Mr. Scott asked about the state's time line. Mr. Massey said the TWDB is supposed to provide a recommendation in December. He added that the only commitment the state has made so far is private activity bonds and they are hoping to see what revenue streams would be available. Mr. Scott also asked about the Tampa Bay plant. Mr. Ed Garana, Water Superintendent, said they started that project in May 1996 and their goal is to open by December 2002. Mr. Massey also discussed specific ways in which the Barney Davis site could be used. City Manager Garcia said there are still many unknowns about this project but the city is moving ahead with plans to build a small (4 mgd) pilot desalination plant on Padre Island. Mr. Garafia said he can provide a time line on that project. Mr. Scott said that if Corpus Christi is able to move ahead, it may be in a position to sell water to the whole region. Council Member Longoria asked if the state pilot project involves desalination or brackish water. Mr. Massey said the state project is desalination (removing salt from salt water) while the Padre Island project would involve treating brackish water, which is less expensive. Minutes - Regular Council Meeting October 29, 2002 - Page 15 Council Member Colmenero asked about the possibility of working with the SPMWD as opposed to competing with them. Mr. Massey said Corpus Christi can work with San Patricio but they will have to work with SAWS regarding whether that entity proceeds with its proposal there. He said SPMWD is currently receiving about 25 mgd of raw and treated water from the Corpus Christi water system. Council Member Kinnison said it is likely that the state's proposal will go through the 2003 legislature to see if there will be any funding attached to it. Mr. Massey said it will be interesting to see how much money will be available because the state's budget is very tight. Mr. Kinnison asked if staff has discussed this plan with the city's legislative delegation and Mayor Neal said staff has made them aware of it. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 025079 Resolution authorizing the City Manager to submit a statement of interest to the Texas Water Development Board for selection of the city's proposed Texas Coastal Bend Desalination project as the state's large-scale demonstration seawater desalination project. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 21 regarding the certificates of obligation sale. He said the city is delaying taking action to award the sale of the certificates of obligation, notice of the issuance of which was published in the Corpus Christi Caller -Times on October 5 and October 12, 2002, until the regular meeting of the City Council to be held on November 12, 2002. The Mayor said the city is delaying taking action at this time as bids establishing a final guaranteed maximum price for the facilities to be financed with the proceeds of the proposed certificates of obligation have not been reviewed and a contract to hire a general contractor has not been awarded. Mr. Scott made a motion to delay Item 21 until November 12, 2002; seconded by Mr. Chesney. There were no comments from the audience. Mr. Kinnison asked if this is for the convention center. Ms. Lee Ann Dumbauld, Finance Director, said it is and everything is on schedule. City Secretary Chapa polled the Council and the foregoing motion passed as follows: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining. 21. POSTPONED Minutes - Regular Council Meeting October 29, 2002 - Page 16 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 22, oil or gas well drilling. There were no comments from the audience. Responding to Council Member Kinnison, Mr. Jay Heidecker, Petroleum Superintendent, said the Oil and Gas Advisory Committee recommended approving the application. He said there were some concerns about the proximity to the marina and he showed a map of the proposed location. He said they are referred to as "exceptional" locations because they are outside the established cluster area for each state tract. He said Sabco met the criteria for drilling a straight hole instead of drilling directional to their geological target. In reply to Council Member Longoria, Mr. Heidecker said staff is anticipating the rig being on the water for 25 to 30 days. He said Sabco has a minor geological natural gas target for which they are drilling. He said if they do make a well, it will be a 12 -foot by 12 -foot structure that will be painted orange per the ordinance with two navigational lights. Mr. Longoria said he was concerned about aesthetics and Mr. Heidecker said that issue was discussed. City Secretary Chapa polled the Council for their votes as follows: 22. M2002-362 Motion granting a permit to Sabco Operating Company to drill an oil or gas well at an exceptional location, eastward of the Corpus Christi Marina in Corpus Christi Bay, at State Tract 49 Well No. 7 and State Tract 60, Well No. 1. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to the executive sessions, which were listed on the agenda as follows: 23. Executive session pursuant to Texas Government Code Section 555.071 regarding Harold Lamar Thome vs. Jesus Manuel Charles and the City of Corpus Christi, Cause No.01-61527- 1; County Court at Law No.1, Nueces County, Texas, with possible discussion and action related thereto in open session. 24. Executive session pursuant to Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th District Court, Cameron County, Texas, and the remaining claim of the City of Corpus Christi related thereto, and regarding similar claims of the City of Corpus Christi against other similar entities, with possible discussion and action related thereto in open session. The Council went into executive session. The Council retumed from executive session. Mayor Neal made the following motion, seconded by Council Member Longoria and passed: 23. M2002-363 Motion authorizing the City Manager to execute documents settling Thorne v. City of Corpus Minutes - Regular Council Meeting October 29, 2002 - Page 17 Christi, No.01-61527-1, County Court at Law No.1, Nueces County, Texas, for $125,000 in accordance with the agreement negotiated by the City's attorneys. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia gave an update on the recent events, saying that a tornado touched down on October 24, 2002 and proceeded to cut a four -mile swath of destruction through the central part of the city. He said staff immediately began to mobilize all municipal resources and opened the Emergency Operations Center. He said the Fire Department was involved in an intensive rescue and extrication process followed by the damage assessment and recovery phase. He said every city department was involved in that mobilization and, as a result of the disaster, several emergency expenditures had to be made. Mr. Mark McDaniel, Director of Management and Budget, said the preliminary operating costs from the October 24 storm are as follows: overtime costs - $160,000 (most of it in Solid Waste and Police); equipment repair - $286,000 (signage and signal work); equipment purchases and rental - $15,000; supplies - $37,000; services (hiring of a private company to assist with brush removal) - $27,000; and preliminary estimates of repair now underway on Mesquite Street - $332,000, for a total of $857,000. He said the Risk Management staff is still assessing damage to several city facilities (parks, golf courses, fire stations, wastewater systems and others) and those costs have not yet been calculated and totaled. Mr. Kinnison asked about the Federal Emergency Management Agency's (FEMA) reimbursement policy. Mr. Juan Ortiz, Emergency Management Coordinator, said the assistance comes in two phases—individual and public. He said that tomorrow city staff will meet with FEMA and state representatives to assess the damages. If the preliminary estimates are correct, the city and county meet the minimum requirements to qualify for public assistance; the state needs to qualify as well. If that criteria is met, the reimbursement policy will be 75% of eligible costs. Mr. Garcia said if FEMA does not provide that assistance, some of the funds will come from the city's self-insurance fund and some from reserves. Mayor Neal said that Governor Perry tried to come to Corpus Christi to view the damage but his plane could not land due to inclement weather. However, he had called shortly after the tornado hit on October 24 and offered the full assistance of the state. The Mayor said the Department of Public Safety also provided personnel to prevent looting and assist the city. He and other Council members complimented city staff for their response during and after the storm. Mr. Garcia then outlined items scheduled for the November 12 Council meeting. Mayor Neal suggested they start at noon if they have an executive session. He then called for Council concerns. Mr. Chesney spoke highly of the Japan fair held last weekend with the Sister City visitors from Yokosuka, Japan and he suggested that a staff member be designated as a cultural liaison. He also announced a Friends of the Park meeting on November 6 at 5:30 p.m. at City Hall and he said Minutes - Regular Council Meeting October 29, 2002 - Page 18 they are rescheduling the town hall meeting. He commented that the city's reserves are intended for such things as disaster relief. Mr. Kelly said a citizen on Sierra Blanca Boulevard said her neighborhood has problems with their toilets when it rains and he said the Naval Air Station -Corpus Christi is willing to provide military personnel to assist with a tutorial program at Northside Manor. He also complimented staff for going door-to-door following the storm and for working to pick up brush throughout the city. Mr. Noyola thanked the community for pulling together during the recent storm and he thanked staff for helping the residents of Casa Manana move to a city shelter and to the airport staff for their efforts. Mr. Scott said the vegetation on Whitecap Boulevard from Park Road 22 to Windward Drive is overgrown and needs to be addressed. He said October 29 is Council Member Longoria's birthday and he was recognized by the Corpus Christi Minority Business Development Center and Coastal Bend Minority Business Council for his leadership and role in helping the minority community. Mr. Scott also reported a code enforcement problem at North Port and Hatch Street and he thanked those who attended his recent town hall meetings. He said he was impressed with the city's response to the storm. Mr. Colmenero echoed the compliments to staff on their emergency response and he suggested that tornado drills be held in the future and evacuation warnings heeded. Mr. Longoria asked how people whose houses are damaged or destroyed can get repairs done. Mr. Ortiz said Solid Waste and the Fire Department have assisted with clearing debris. He also described how FEMA funds are disbursed. Mr. Longoria said staff needs to ensure that citizens are aware of those steps. Mr. Ortiz said they are going out into the community with explanatory fliers. Mr. Longoria also noted that the Business Resource Center opened today and a reception is being held there. Mayor Neal thanked Ms. Diana Garza and Ms. Kristine Ondrias in his office, the City Secretary's Office, the Port and the Economic Development Corporation for their assistance during the Yokosuka Sister City events. He said they are looking at the establishment in the next budget of a protocol office. The Mayor then called for public comment on non -agenda items and there was none. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 5:02 p.m. on October 29, 2002. * * * * * * * * * * * * *