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Agenda Packet City Council - 02/11/2003 (J)
CITY COUNCIL AGENDA Co us Christi February11,2003 12:00 p.m. - Join t meeting of the City Council and the Convention Center and Visitor's Bureau to review the Fourth Quarter and 2002 Year End Financials and to report on the Board Retreat, Hispanic Chamber Mexico Marketing efforts, public relations and partnership activities. (City Hall, 6~ floor conference room) 1:45 p.m. Proclamation declaring February 16 - 23, 2003 as "National Engineers Week" Proclamation declaring February, 2003 as "American History Month" Proclamation declaring the Central Library Gallery as "lnez Sterling Adams South Texas Historical Gallery" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD FEBRUARY 11, 2003 1:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is eadier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Pastor Gloria Farjardo, Cathedral of the Palms. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pm Tem John Longoria Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Acting City ManagerGeorge K. Noe __ Acting City Attorney Jay Reining __ City Secretary Armando Chapa __ A~enda Regular Council Meeting Feb~a~ ]~,2003 Pa§e 2 E. MINUTES: Approval of Regular Meeting of January 28, 2003. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) Animal Control Advisory Committee Committee for Persons with Disabilities Leadership Committee for Senior Services G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCER FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving the purchase of twenty (20) computers and licenses from the following companies for the following amounts in accordance with the State of Texas Cooperative Purchasing CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Februa~ 11,2003 Page 3 Program for a total amount of $38,196. Funds are available from the Metropolitan Medical Response System (MMRS) Grant and the Office of Emergency Management Operating Fund. (Attachment # 3) Dell Marketing L.P. Austin, Texas $31,816 (computers) SHI Government Solutions, Inc. Austin, Texas $6,380 (licenses) Grand Total: $38,196 Motion approving a supply agreement for approximately 530,700 gallons of emulsified polymerized asphalt (HFRS-2P) in accordance with Bid Invitation No. BI-0046-03 with Koch Materials Company, Corpus Christi, Texas, based on only bid for an estimated annual expenditure of $504,165. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Street Services in FY 2002-2003. (Attachment # 4) Motion authorizing the City Manager or his designee to execute a consultant contract with MEI Govind of Corpus Christi, Texas, in a total fee not to exceed $154,840 for the Greenwood Wastewater Treatment Plant Digester Covers Replacement. (Attachment # 5) Motion authorizing the City Manager or his designee to execute a construction contract with Rabalais I & E Constructors of Corpus Christi, Texas, in the amount of $58,102 for the O. N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance. (Attachment # 6) Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the agreement for ArchitectJEngineer Consultant Services with Onyx Engineering, Inc. of Corpus Christi, Texas in the amount of $23,974, for a total re-stated fee of $46,909 for the O.N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Februa~ 11,2003 Page 4 ,8. .8, 8,5, Motion authorizing the City Manager or his designee to execute a construction materials inspection and laboratorytesting contract with Trinity Engineering/Kleinfelder of Corpus Christi, Texas in an amount not to exceed $122,925 for the Southside Water Transmission Main, Phases 2, 2A, and 3 Project. (Attachment # 7) Motion authorizing the City Manager or his designee to execute a construction weld inspection and testing contract with Base Line Data, Inc., of Portland, Texas in an amount not to exceed $105,458 for the Southside Water Transmission Main, Phases 2, 2A, and 3 Project. (Attachment # 7) Motion authorizing the City Manager or his designee to execute a Geotechnical Investigation Contract with Trinity Engineering/Kleinfelder of Corpus Christi, Texas, in the amount of $37,400 for the Southside Water Transmission Main, Phases 4, 4A, and 5 Project. (Attachment # 7) Motion authorizing the City Manager or his designee to execute a consultant contract with Smith, Russo and Mercer of Corpus Christi, Texas, in the amount of $122,200 for the Area Street and Drainage Improvements along the following streets: (bounded by Sunnybrook, Evelyn, Gollihar, and Kostoryz.) (Attachment # 8) *Evelyn *Helen *Theresa *Ross *Woodland *Southwood Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a consultant contract with Smith, Russo and Mercer of Corpus Christi, Texas, in the amount of $87,200 for the Mansheim Area Drainage Improvements. (Attachment # 8) Ordinance appropriating $1,500,000 from the Unappropriated Fund Balance of the No. 4050 Choke Canyon Dam Maintenance Reserve Fund into the No. 4080 Water Capital Improvement Fund for maintenance of the Choke Canyon Dam, as required by the Bureau of Reclamation; amending Ordinance No. 024730, as CITY COUNCIL PRIORITY ISSUES (Refer fo legend at the end of the agenda summary) Agenda Regular Council Meeting Feb~ary 11,2003 Page 5 10. 11. 12.a. previously amended which approved the FY2002-2003 Capital Budget, by increasing the amount approved by $1,500,000. (Attachment # 9) Motion authorizing the City Manager or his designee to execute a consultant contract with Freese and Nichols of Corpus Christi, Texas in the amount of $181,582 for the Choke Canyon Dam Improvements as follows: (Attachment # 9) River Outlet Works Repair Site Improvements a. Trash Rack Repair b. High Level Alarm Spillway Radial Gates Repair Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Gilbert Arispe and wife, Frances Arispe in the amount of $57,800 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purchase of fee simple property rights for Parcel 12, being all of Lot 1, Block 6, Mount Vernon Subdivision Unit 2, with street address of 4902 Lansdown, necessary for the McArdle Road Street Improvement Project, Phase 3, Project No. C-6, and for other municipal purposes. (Bond Issue 2000) (Attachment# 10) Ordinance approving the sale of surplus City property consisting of 2,249.64 square feet (0.052 ac.) of vacant land out of Lot 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located west of the Compton Road and First National Boulevard intersection in Flour Bluff; and authorizing the City Manageror his designee to execute a Special Warranty Deed to the adjacent property owner, CC Semloh Partnership, Ltd., for the market value of $500. (Attachment # 11) Ordinance abandoning and vacating a 300-square foot portion of a 5-foot wide, utility easement out of Tract 8, Oakhurst Plaza; requiring the owner, Oakhurst LTD, A Texas Limited Partnership, to comply with the specified conditions and replat the property within 180 days at owner's expense; and establishing a fee of $1,500. (Attachment # 12) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 11,2003 Page 6 12.b. 12.c. 13.a. 13.b. 14. 15.a. Ordinance abandoning and vacating a 1,605.10 square foot portion of a 5-foot wide, utility easement out of Tract 8, Oakhurst Plaza; requiring the owner, Oakhurst LTD, A Texas Limited Partnership, to comply with the specified conditions and replat the property within 180 days at owner's expense. (Attachment # 12) Ordinance the City Manager or his designee to execute a Use Privilege Agreement with Oakhurst LTD, A Texas Limited Partnership, for the right to construct, operate, maintain, and remove a 2.87' wide by 60' long building extension with the Outback Steakhouse Restaurant of Houston - II, Ltd., A Texas Limited Partnership, over public street right-of-way adjacent to the existing building located at 4221 South Padre Island Drive; establishing a fee of $2,080, and other specified conditions. (Attachment # 12) Ordinance appropriating $541,545.53 from CNA Surety Company and Continental Casualty Company in the Public Health and Safety Fund No. 3358 for the Corpus Christi Animal Shelter and Vector Control Facility Project; amending Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $541,545.53. (Attachment # 13) Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Contract for Professional Services with Bennett, Martin, Solka, Torno, Inc. Architects of Corpus Christi, Texas, in the amount of $64,088.89 for the Corpus Christi Animal Shelter and Vector Control Facility Project to extend construction phase services to complete the project. (Attachment # 13) Motion authorizing the City of Corpus Christi's proportional contribution of the local share of administrative expenses for regional water planning activities during FY2003, required by Senate Bill 1, 75th Texas Legislature, in accordance with the Intedocal Agreement for Water Planning Activities approved by Motion No. M98-034, with the City's remaining share according to the formula adopted by the Regional Water Planning Group, to be $44,309.51. (Attachment # 14) Motion authorizing the City Manager or his designee to execute all documents necessary to accept a grant of $60,000 from the Texas General Land Office (GLO) to develop engineering plans CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 11, 2003 Page 7 15.b. 16.a. 16.b. 17. 18. and specifications for public access to the University Marina Beach Park located on Ocean Drive adjacent to Texas A & M University - Corpus Christi and to conduct beach surveys to monitor the beach under the second phase of the project. (Attachment # 15) Ordinance appropriating $60,000 from the Texas General Land Office in the No. 1050 Federal/State Grants Fund to develop engineering plans and specifications for public access to the University Marina Beach Park located on Ocean Drive adjacent to Texas A & M University - Corpus Christi and to conduct beach surveys to monitor the beach. (Attachment # 15) Motion authorizing the City Manager or his designee to execute all documents necessary to accept a grant of $60,000 from the Texas General Land Office (GLO) to construct a boardwalk on Corpus Christi Beach. (Attachment # 16) Ordinance appropriating $60,000 from the Texas General Land Office in the No. 1050 Federal/State Grants Fund to construct a boardwalk on Corpus Christi Beach. (Attachment # 16) Second Reading Ordinance - Amending the Zoning Ordinance by revising Article 27A, Special Conditions, by adding subsection 27A-2.07. (First Reading -1/28/03) (Attachment # 17) PUBLIC HEARINGS: (2:00 P.M.) ZONING CASES: Case No. C1202-03HC, Metropolitan Communit¥Church: A change of zoning from a "R-2" Multiple Dwelling District to a "R-2" Multiple Dwelling District and "HC-I" Historical-Cultural Landmark Preservation on Bay View, Block 15, Lots 16 through 20, located on the southeast corner of Craig and 11 th Streets. (Attachment # 18) Planning Commission's Recommendation: Approval of the "R-2" Multiple Dwelling District and "HC-I" Historical-Cultural Landmark Preservation. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Febma~ 11,2003 Page 8 ORDINANCE Amending the Zoning Ordinance upon application by the Metropolitan Community Church by changing the zoning map in reference to Lots 16, 17, 18, 19 and 20, Block 15, Bay View, from "R-2" Multiple Dwelling District to "R-2" Multiple Dwelling District with a HC-I" Historical-Cultural Landmark Preservation Oveday District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 19. Case No. C1202-04HC, Sharon L. Chatterton: A change of 20. zoning from a "R-lB" One-family Dwelling District to a "R-lB" One-family Dwelling District and "HC-F" Historical-Cultural Landmark Preservation on Oak Park, Block 2, Lots 1 through 4, and Lots 21 and 22, located at the northwest corner of Oak Park Avenue and Up River Road. (Attachment # 19) Planning Commission's and Staff's Recommendation: Approval of the "R-1 B" One-family Dwelling District and "HC-F" Historical- Cultural Landmark Preservation. ORDINANCE Amending the Zoning Ordinance upon application by Ms. Sharon Chatterton by changing the zoning map in reference to Lots 1,2, 3, 4, 21 and 22, Block 2, Oak Park, from "R-lB" One-family Dwelling District to "R~I B" One-family Dwelling District with a "HO- F" (Facade) Historical - Cultural Landmark Preservation Oveday District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. C1202-05HC, South Bluff United Methodist Chumh: A change of zoning from a "AB" Professional Office District to a "AB" Professional Office District and "HC-I" Historical - Cultural Landmark Preservation on Bay View, Block 2, Lots 12 through 16, located at the northwest corner of Elizabeth and 7 th Streets. (Attachment # 20) Planning Commission's and Staff's Recommendation: Approval of the "AB" Professional Office Distdct and "HC-I" Historical- Cultural Landmark Preservation. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 11,2003 Page 9 21. 22.a. ORDINANCE Amending the Zoning Ordinance upon application by the South Bluff United Methodist Church by changing the zoning map in reference to Lots 12, 13, 14, 15 and 16, Block 2, Bay View, from "AB" Professional Office Distdct to "AB" Professional Office District with a "HC-I" Historical-Cultural Landmark Preservation Oveday District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. C1202-06HC, Oak Park United Methodist Chumh: A change of zoning from a "R-1B" One-family Dwelling District to a "R-1B' One-family Dwelling District and "HC-I" Historical-Cultural Landmark Preservation on Oak Park, Block 9, Lots 10 through 12, located on the southeast corner of Oak Park Avenue and Mueller Street. (Attachment # 21) Planning Commission's and Staff's Recommendation: Approval of the "R-lB" One-family Dwelling District and "HC-I" Historical- Cultural Landmark Preservation. ORDINANCE Amending the Zoning Ordinance upon application by the Oak Park United Methodist Church by changing the zoning map in reference to Lots 10, 11 and 12, Block 9, Oak Park, from "R-1 B" One-family Dwelling District to "R-1 B" One-family Dwelling District with a "HC-I" Historical-Cultural Landmark Preservation Overlay District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. PRESERVATION PLAN: Public Hearing on amendment to the Preservation Plan, an element of the Comprehensive Plan, by designating property located at 1008 Furman Avenue as a "Potential Landmark" and by adding four (4) "HC" Historical-Cultural Overlay zoning designations and one (1) property that has been designated as a "Potential Landmark" within the Preservation Plan. (Attachment # 22) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Feb~a~ 11,2003 Page 10 22.b. First Reading Ordinance - Amending the City of Corpus Christi Preservation Plan, an element of the Comprehensive Plan, by designating property located at 1008 Furman Avenue as a "Potential Landmark" and by adding four (4) "HC" zoning designations and one (1) property that has been designated as a "Potential Landmark" within the Preservation Plan. (Attachment # 22) PRESENTATIONS: Public comment will not be solicited on Presentation items. 23. Earned Income Tax Credit Presentation by the Asset Building Coalition EIC Task Force (Attachment # 23) 24. Downtown Transportation Services Feasibility Study presented by Parsons, Brinckerhoff, Transportation Consultants and the Corpus Christi Regional Transportation Authority (Attachment # 24) 25. The Collection and Disposal of tires within the City of Corpus Christi City Limits (Attachment # 25) 26. The One Stop Development Center Business Plan (Attachment # 26) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 27. Resolution adopting the City of Corpus Christi's Americans with Disabilities Act (ADA) Title II Comprehensive Evaluation and Transition Plan of barrier removal for accessibility of the City's public facilities services, activities and programs. (Attachment # 27) 28. Motion authorizing the City Manager or his designee to execute an engineering services contract with Turner Collie and Braden, Inc. of Houston, Texas, in an amount not to exceed $227,000 for technical support services associated with Barney Davis Demonstration Desalination Plant Project. (Attachment # 28) 29. Motion to accept the design for the Seawall Streetscape. (Attachment # 29) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Febma~ 11,2003 Page 11 (RECESS REGULAR COUNCIL MEETING) CORPORATION MEETING: CORPUS CHRISTI HOUSING FINANCE CORPORATION MEETING: (Attachment # 30) A G ENDA CORPUS CHRISTI HOUSING FINANCE CORPORA TION Date: Time: Location: Tuesday, February11, 2003 During the meeting of the City Council beginning at 1:00 p.m. City Council Chambers City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 President John Longoria calls meeting to order. Secretary Armando Chapa calls roll. Board of Directors John Longoria, Pres. Mark Scott, Vice Pres. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Samuel L. Neal, Jr. Jesse Noyola Officers VACANT, Gen. Mgr. Armando Chapa, Secretary Mary Juarez, Asst. Secretary Lee Ann Dumbauld, Treasurer Vacant, Asst. Treasurer Approve minutes of the April 30, 2002 meeting. Appointment of GeneraI Manager and Assistant Treasurer. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end ef the agenda summary) 5. Financial Report Agenda Regular Council Meeting Febma~ 11,2003 Page 12 M= Consideration of the fo/lowing resolution in connection with the implementation of a new mortgage credit certificate (MCC) program in the amount of $21,742,715 for 2003: RESOLUTION CONCERNING AN ELECTION TO ISSUE MORTGAGE CREDIT CERTIFICATES IN LIEU OF SINGLE FAMILY MORTGAGE REVENUE BONDS FOR THE MORTGAGE CREDIT CERTIFICATE PROGRAM, SERIES 2003. 6. Public Comment. ~ AdjournmenL (RECONVENE REGULAR COUNCIL MEETING) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOUPLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habra un int~rprete ingl~s-espaRol en la reuni6n de la junta para ayudade. PER ClTY COUNClL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Febmaw 11,2003 Page 13 31. 32. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time dudng the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session pursuant to Texas Government Code Sections 551.071, 551.072, and 551.087 regarding acquisition and development of a site for a minor league baseball stadium in the Arena/Convention Center/Port of Corpus Christi area, location of a professional baseball franchise in the facility, and possible real estate agreements with the Port of Corpus Christi Authority and RSR Sports implementing the stadium, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding Police Contract Negotiations, with possible discussion and related action in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 33. CITY MANAGER'S REPORT * Upcoming Items 34. MAYOR'S UPDATE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 35. COUNCIL AND OTHER REPORTS Agenda Regular Council Meeting February 11,2003 Page 14 NOTE: ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to CityHall, 1201 Leopard Street, at 3:00 p.m., February7 ,2003. Armando Chapa City Secretary The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2001-2002 CiTY COUNCIL GOALS AND PRIORITY ISSUES ~'~CONTINUING PRIORITY ISSUES Airport / Seawal~ / ~onv~nti0n Center / Arena · Continue quarterly reporting process for these initiatives. '86 Bond ,Issue Improvements Update status on Senior Centers. · Provide communication on completion of these projects (e.g. "Report to the Community"). · Continue community involvement on issues such as Leopard Street improvements. Privatizatlon / Re-Engineering · Clearly define "privatization" and "re-engineering." Make decisions regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days. · Establish process to identify what services can and cannot be privatized. · Continue focus on park maintenance. Finance · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime ,C0n~rol and prevention · Continue implementation of the Community Policing initiative. Establish date for Crime Control and Prevention District election. Continue City participation in Youth Opportunities United and other youth crime initiatives. Empi0¥ee Health Care · Address concerns related to employee compensation and benefits, including health insurance. · Wurk to courdinate Police and Fire bealth benefits with those of other City employees Economic Devel, opment Sales T0x · Establish election date. NEW PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City Council action/implementation plans for the following priority Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods *Employee Classification Study Ma ster Drainage Plan ~]~ Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements I Improve Permitting Process (online / customer service) I Padre Island Development Plan ~ **Road Projects g Southside Traffic Plan Downtown / South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) St0m Water Utilit~ · Reconsider implementation plan for a Storm Water Utility. Pa~:ltery Chan~ei · Continue quarterly reports on the progress of the TIF and Beach Restoration Project. L4ndffil · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid waste management system, including privatization. Internct · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online permitting process. · Communicate brash pickup via e-mail. · Continue active role. Frost Rank Buildin~ · Lease and complete renovation Annexation plan · Implement currem island annexation plan ADA Transifi9n Plan · Develop and approve ADA Transition Plan within 90 days. Redistrietin~, Develop Council-approved redistricting plan for the City of Corpus Christi Int~u,gtrial Distr~c~ Con~raet · Review Industrial District contracts and determine date for approval COuncil Actio~ Items · Staffcompletes action requests in a timely manner. City / County Health l[ss~e~ · Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services Marketing of CC Museum and CoSumbus Shins * Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/off ramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 28, 2003 - 12:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem John Longoria Council Members: Brent Chesney* Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott* City Staff: City Manager David R. Garcia Deputy City Manager George Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Charles Graff, St. Luke's United Methodist Church, and 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 regular meetings of January 14, 2003 and January 21, 2003 and the joint meeting of January 16, 2003. A motion was made and passed to approve the minutes as presented. Mayor Neal announced the executive sessions, which were listed on the agenda as: Executive session pursuant to Texas Government Code Section 551.071 regarding the following construction contracts: Corpus Christi Animal Shelter and Vector Control Facility Re-Bid - Project No. 5117; Mustang Island Fire and Parks & Recreation Station - Project No. 5114; Improvements to Fire Stations (ADA/CoEd) - Project No. 5115, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Sections 551.071,551.072, and 551.087 regarding acquisition and development of a site for a minor league baseball stadium in the Arena/Convention Center/Port of Corpus Christi area, location of a professional baseball franchise in the facility, and possible real estate agreements with the Port of Corpus Christi Authority and RSR Sports implementing the stadium, with possible discussion and action related thereto in open session. The Council went into executive session. *Council Members Chesney and Scott arrived at the meeting. The Council returned from executive session. Mayor Neal made the following motion, which was seconded and approved as follows: 2. M2003-034 Motion authorizing the City Manager to execute a Tender, Completion and Release agreement between the City and Winship Construction and Continental Casualty Company for the construction and completion of the Corpus Christi Animal Shelter and Vector Facility. Minutes - Regular Council Meeting January 28, 2003 - Page 2 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. Mayor Neal called for consideration of the consent agenda (Items 4-12). Council members requested that Item 6 be discussed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following passed: 4. M2003-035 Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-03-3 for paper goods, for an estimated six-month expenditure of $31,673.43, based on the recommended award submitted by the Coastal Bend Council of Governments. The term of the contracts shall be for six months with an option to extend for one additional six-month period, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY2002-2003. Gulf Coast Paper Co. San Antonio, TX $$,084.91 PFG Victoria, TX $26,588.52 Grand Total: $31,673.43 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 5. M2003-036 Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-03-1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $90,854.78, based on the recommended award submitted by the Coastal Bend Council of Governments. The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Govemments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY2002-2003. Ben E. Keith San Antonio, TX 40 Items $15,212.27 LaBatt Food Service Corpus Christi, TX 71 Items $28,905.87 Grand Total: $90,854.78 PFG Victoria, TX 43 Items $30,513.82 Sysco Food Service San Antonio, TX 37 Items $16,222.82 Minutes - Regular Council Meeting January 28, 2003 - Page 3 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7. M2003-038 Motion authorizing the City Manager or his designee to execute a contract with Shiner, Moseley and Associates, Inc. of Corpus Christi, Texas, in the amount of $80,000 for consulting services associated with Pre-Planning of Emergency Recovery Operations. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8. M2003-039 Motion authorizing the City Manager or his designee to execute a Right of Way Easement in the amount of $65,000 for Parcel 2, comprised of a Right of Way Easement and Temporary Construction Easement, both out of Block C, Wilkey Addition, located at the northwest comer of the intersection of Airline Road and South Padre Island Drive, from the owners, Robert C. Shih and wife Yalee Shih, and recognizing the public necessity of acquiring these easements for construction of street and utility improvements in connection with the intersections approach improvements project, and for other municipal purposes. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney abstaining. 9.a. FIRST READ1NG ORDINANCE Ordinance authorizing the City Manager or his designee to execute a five year fanning lease with Mark Stockseth, John H. White and Harry L. White, Jr. dba W & S Ag Enterprises for 1,320 acres of farmland out of Cefe F. Valenzuela Municipal Landfill located west of FM2444 and County Road 57 and approving a cash rental fee of $55.00/acre per crop year. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.b. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a five year farming lease with Paul T. Rackley, Jr. and Marion G. Rackley dba Rackley and Rackley, a Joint Venture for 940 acres of farmland out of the Cefe F. Valenzuela Municipal Landfill located west of FM2444 and County Road 57 and approving a eash rental fee of $55.00/acre per crop year. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting January 28, 2003 - Page 4 9.c. FIRST READiNG ORDiNANCE Ordinance authorizing the City Manager or his designee to execute a five year farming lease with Julius Zdansky, Jr. for 46 acres of farmland out of the proposed Southside Sewer Treatment Plant site located off Yorktown Boulevard and approving a cash rental fee of $20.00/acre per crop year. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.d. FIRST READING ORDiNANCE Ordinance authorizing the City Manager or his designee to execute a one year farming lease with Julius Zdansky, Jr. for 20.598 acres of farmland located at the northeast comer of Chapman Ranch Road and Saratoga Boulevard and approving a cash rental fee of $30.00/acre per crop year. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.e. F1RST READiNG ORDINANCE 10. 11. Ordinance authorizing the City Manager or his designee to execute a one year farming lease with Larry Mokry for 23.099 acres of farmland located at the northwest comer of Chapman Ranch Road and Saratoga Boulevard and approving a cash rental fee of $35.00/acre per crop year. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." RESOLUTION NO. 025178 Resolution approving the submission of a grant application in the amount of $105,231 to the State of Texas, Texas Alcoholic Beverage Commission for funding of overtime to enforce the underage drinking laws and to prevent youth access to and illegal use of alcohol. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." RESOLUTION NO. 025179 Resolution encouraging the Texas Congressional Delegation to support funding for President Bush's $3.5 Billion First Responder Initiative during the 108th Session of Congress. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting January 28, 2003 - Page 5 12. ORDINANCE NO. 025180 Ordinance amending Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street section: on Rand Morgan Road (F.M. 2292): revising the existing speed limits to the following: 55 mph to 45 mph from north right-of-way line of Leopard Street (State Highway 9) to 0.858 miles south of the north right-of-way line of Leopard Street; 45 mph to 30 mph school speed zone when flashing for a distance of 1,584 feet fi.om a point 314 feet north of the centerline of Oregon Trail to 340 feet south of the centerline of Goodnight Loving Trail; 55 mph from 0.858 miles south of the north right-of-way line of Leopard Street to Agues Street (S.H. 44); providing for penalties. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 6, wastewater microwave communication system. Responding to Council Member Kinnison, Mr. Angel Escobar, Director of Engineering Services, delineated the items that the change order will add to the contract. City Manager Garcia said this action is also part of the city's reengineering effort. Assistant City Manager Ron Massey gave further examples of how this change order will improve operations. City Secretary Chapa polled the Council for their votes as follows: 6. M2003-037. Motion authorizing the City Manager or his designee to execute Change Order No. 2 with Rabalais Electric Constructors of Corpus Christi, Texas, in the amount of $272,938 for the wastewater microwave communication system. 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 presentations on the day's agenda. Item 15 was a discussion regarding options for amendments to the City of Corpus Christi City Charter. City Manager Garcia said that in the agenda background material, there was a list of possible "housekeeping" charter amendments for consideration by the Council. They include initiative and referendum; election dates; runoff elections, clerical corrections; mayor's veto; clarifying the effect on the voting requirement of a Council member being disqualified; date of recall election; time for effectuating a lease or franchise; termination of leases; and the procurement process. Responding to the Mayor, City Secretary Chapa discussed the proposals regarding election dates and runoff elections. He said that if the Texas Legislature changes a uniform election date to be on a date other than the first Saturday in May (which is when Buccaneer Days is held), city staff would like to have the Council election on the uniform election date because that is the date that most school districts use and joint elections could be held. He added that Minutes - Regular Council Meeting January 28, 2003 - Page 6 most of the previous legislative initiatives were to move the uniform election date from May to March. He said if that occurs and Corpus Christi's City Council election continues to be held the first Saturday in April (of odd-numbered years), it will create problems with use of the county's election equipment. With regard to nmoff elections, Mr. Chapa said staff is proposing that the charter be amended to lengthen the time in which they are held after the canvassing of the general election. Currently, runoff elections are held the second Satin-day following a Council election. Mr. Chapa also stated that Mr. John Bell, a local attorney, has presented a possible charter amendment stating that if the Council general or runoff elections fall during Easter weekend or Passover, the election could be extended so as not to conflict with those dates. Acting City Attorney Reining said staff is further looking into that suggestion and he also discussed the initiative and referendum and lease proposals. In reply to Council Member Kinnison, Mr. Chapa said that if these charter amendments are placed on the April 5, 2003 ballot and they pass, the charter cannot be amended for another two years. Mr. Kiunison said that while he does not object to placing these housekeeping items on the ballot, it may create some difficulties if the next Council decides to make substantial changes to the charter. He said he would also like to pursue the idea of reinstating the Internal Audit Department and having the internal auditor report directly to the Council. Council Member Noyola made a motion to allow city employees to participate in city elections during non-working hours (excluding running for Council office). Responding to Council Member Kelly, Mr. Noyola said that would be an issue that could be placed on the ballot. Mr. Reining said the City Manager's report this week contains Corpus Christi's ordinance and charter provision regarding participation by city employees in city elections, as well as the Fifth Circuit Court of Appeals case which upheld the Dallas ordinance upon which Corpus Chfisti's ordinance is modeled. Mr. Garcia said that every Council-manager form of government in which he has worked has had these types of prohibitions, which prevent city employees from choosing sides among Council members. Mr. Noyola's motion died for lack of a second. The second presentation (Item 16) was the quarterly update on the Solid Waste Services (SWS) automated collection program. Mr. Jeffrey Kaplan, SWS Director, explained that Phase I was initiated in November 2001, which provided automated collection for 33,000 residents. The next phase will begin in June 2003 adding 21,000 residents, to be followed the following June by Phase III with the remaining 21,000 residents. Mr. Kaplan then reviewed the geographic areas served during each phase. Mr. Kaplan said that in Phase II, five automated vehicles are being purchased as additions to the fleet and automated routes will increase from 66 to 108 weekly (while 54 manual weekly routes will continue). Once the citywide automation is completed, all routes will be on a six-day schedule (Monday/Thursday, Tuesday/Friday and Wednesday/Saturday). Mr. Kaplan also responded to Council members' questions. Mayor Neal said the automated program has greatly enhanced the city's appearance. Minutes - Regular Council Meeting January 28, 2003 - Page 7 The third presentation (Item 14) was made by Dr. Linda Avila, Performing Arts Chairperson of the Arts and Cultural Commission, regarding the Corpus Christi Festival of the Arts on March 22-April 6, 2003. Dr. Avila said that 29 different events will be held over the two- week period featuring music, dance, visual arts, theater and cinema in various areas of the city. Mr. Ronald Sepulveda, Superintendent in the Park and Recreation Department, said the festival is featured on a website and on rack cards that were distributed to travel centers throughout the state. In addition, outdoor advertising and print ads are planned for San Antonio, Austin and the Rio Grande Valley. Dr. Avila said they are planning to increase the size of the event each year and she added that it will not interfere with Buccaneer Days. Council members expressed their support of the festival. The fourth presentation (Item 17) was the quarterly update on Bond Issue 2000. Mr. Escobar said that as of January 28, 2003, the Council will have awarded 42 general obligation bond construction contracts to complete 62 different projects. Of the 42 contracts, nine were awarded to non-local contractors for a value of approximately $7.6 million and 33 were awarded to local contractors for a value of about $17.6 million, or a total of about $25.1 million. He said the Mustang Island fire station should be completed by the end of August 2003 and the Animal and Vector Control facility project is also expected to be completed this year by the end of September. He then reviewed a chart showing the progress of the five public health and safety projects, 32 park and recreation projects, and 30 street improvement projects. He also responded to Council members' questions. Mayor Neal suggested that these quarterly updates be included in public service announcements as well. Mr. Escobar said the whole report is available on the city's website. The fifth presentation (Item 18) was regarding the Blucher Arroyo stormwater drainage structure assessment results. Mr. Jeff Massengill, Vice President of Shiner Moseley & Associates, explained that the underground structure extends 2,300 feet from Tancahua Street to the seawall. He said a major flood event in October 2002 necessitated that emergency repairs be made and, subsequently, that a condition assessment be conducted both above and below the water. Mr. Massengill said that the section of the structure between Tancahua and Mesquite streets, most of which was built prior to 1940, is basically dry while the section from Mesquite Street to the seawall is submerged. The latter section was built as part of the seawall project beginning in 1940. Mr. Massengill then described the $370,000 in emergency repairs that were made as well as the results of the condition assessment. He said the high-priority repairs include correcting the slab discontinuity, beam deterioration (Upper Broadway and Carancahua) and cracks below the water; the moderate-priority repairs include fixing the cracks above the water and spalls. He said the high-priority repairs (which need to begin very soon and within a year) are estimated at $691,000 and the moderate-priority repairs (to be done in the next three to five years) may cost $581,000 (in 2008 dollars). He also described the two options that have been developed for the high-priority repairs and he said they recommend negotiating with the seawall contractor first; Minutes - Regular Council Meeting January 28, 2003 - Page 8 then, if that is unsuccessful, bidding out the project. He then responded to questions from Council Member Colmenero. Mayor Neal referred to Item 13.a. and a motion was made, seconded and passed to open the public heating on zoning ordinance text amendments to Article 27A, Special Conditions, in order to allow temporary banners in the front yard setback. There were no comments from the public. A motion was made to close the public heating, seconded and passed. Mr. Chapa polled the Council for their votes as follows: 13.b. FIRST READING ORDINANCE Ordinance amending the Zoning Ordinance by revising Axticle 27A, Special Conditions, by adding subsection 27A-2.07. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. Mayor Neal opened discussion on Item 19, purchase of playground equipment. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 19. ORDINANCE NO. 025181 Ordinance appropriating $30,000 from the Unrestricted Park Trust Fund in the No. 6010 Trust Fund for the payment to Tuloso-Midway Independent School District for the purchase of playground equipment; amending Ordinance No. 024974 which adopted the FY2002-2003 Annual Budget by increasing appropriations by $30,000. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal said that Item 20 had been withdrawn. 20. WITHDRAWN Mayor Neal opened discussion on Item 21 regarding identifying drainage projects. City Manager Garcia said that the Council previously approved an allocation of $5 million in the capital improvement program (CIP). Subsequently, the Council directed staff to make recommendations on expanding the number of stormwater projects to about $20 million. Minutes - Regular Council Meeting January 28, 2003 -Page 9 Ms. Valerie Gray, Stormwater Superintendent, explained that the stormwater projects in the FY2002-03 CIP were ranked as follows: Priority 1-mandatory (for emergency or previously committed projects); Priority 2-property damage (such as water in a facility); Priority 3-safety hazard; Priority 4-increase system capacity; Priority 5-health and vector control; and Priority 6- economic development. Mr. Escobar then discussed the 16 projects in the recommended stormwater CIP: Bear Lane bridge replacement, $50,000; Country Club ditch emergency repairs, $1.2 million; Crystal Lane drainage improvements, $75,000; LeonarddMulholland Drive, $100,000; Sharpsburg Road, $100,000; Villa Drive (Agnes to Baldwin), $200,000; Blucher Arroyo drainage structure improvements (Phase I), $700,000; downtown drainage improvements (Phase I), $1.1 million; Lindale subdivision architecture and engineering design, $150,000; West Broadway Street drainage improvements, $250,000; Meadowbrook subdivision area (design and right-of-way), $300,000; St. Andrews Park area outfall improvements design, $50,000; Kinney Street bridge rehabilitation (Phase I), $120,000; Alta Plaza drainage improvements, $250,000; Wood River subdivision architecture and engineering design and construction (Phase I), $100,000; and Mansheim area rolled curb and gutter replacement, $255,000, for a total of $5 million. Staff responded to Council members' questions about many of these projects. Mr. Garcia pointed out that there is a physical limit to the number of projects that can be completed in a 12- month period. There was also a discussion about using CDBG monies for drainage and street repairs. Mr. Escobar pointed out that years 2 and 3 of the CIP program contain $5 million each for stormwater projects, some of which will be used for subsequent phases of the 16 projects previously discussed. Mr. Mark McDaniel, Director of Management and Budget, further explained the fimding plan. Mr. Garcia pointed out that the $5 million list of projects is estimated at current design standards prior to the approval of the stormwater master plan. He and Mr. Escobar addressed the priority criteria and Mr. McDaniel discussed the impact of the water rates. Mayor Neal said that when the Council approved the CIP, they also approved a change in the rate model that will fund approximately $5 million of stormwater improvements for the next 10 years. In addition, concerns were raised by several citizens about the city's drainage problems and the Council directed staff to prioritize stormwater projects that could be funded with about $20 million. Consequently, staff provided the two lists of projects that are listed in the agenda packet. Additional discussion ensued about the timing of the projects within the funding constraints as well as specific aspects of some of the projects. (Mayor Neal left the Conncil meeting to fly to Washington, D.C., for a meeting.) Mayor Pro Tem Longoria called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, said he supports the $5 million in drainage improvements in the current CIP; however, he strongly opposes any increase in utility rates because he said it deteriorates many citizens' quality of life. He also told the Council that the air scrubbers for the wastewater plants are no longer operating. Mr. Danny Noyola, 4410 Acushnet, said that CDBG funds are meant to supplement--not supplant---other projects. He said the westside has many needs that should be addressed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 28, 2003 - Page 10 21.a. M2003-040 Motion identifying drainage projects approved for funding in FY2002-2003. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. Council Member Chesney made a motion to table Item 21.b. until the Council receives more exact cost estimates on the projects. Council Member Scott said the $20 million list of projects will be fine-tuned as it goes through the budget process. Council Member Kinnison said that approving Item 21.b. does not appropriate any funds but he expressed concern about the fimding mechanism recommended by staff. Mr. Garcia replied that they cannot proceed with the $20 million in projects without the 1% rate increase. Mr. Chesney withdrew his motion, adding that he thinks staff understands that the Council wants better cost estimates before they vote on anything in regards to these projects. There was additional discussion about funding the $20 million in projects. Mr. McDaniel noted that the Council adopts a rate increase at the time they adopt the operating budget and about three months later staff brings the Council their recommendations for the capital budget. He said every year staff updates the model for actual costs (including the cost of debt) but it is important for staff to know now whether they will proceed with the $20 million prior to bringing the Council the proposed rate increase for the FY2003-04 operating budget. Mr. Kinnison said he supports a $25 million stormwater capital program but he is not willing to say today that this is the way to fund it. He said he wants staff to continue to find ways to reduce operating costs. Mr. Chesney said he feels that if the Council approves Item 21.b., they are stating that the drainage improvements need to be made and a funding mechanism needs to be identified but staff should look at all aspects of it. Council Member Noyola made a motion to table Item 21.b. until the next Council meeting. The motion died for lack of a second. Mr. Kinnison made a motion to amend Item 21.b. to delete the second use of the word "additional" to read as follows: "Motion identifying additional drainage projects requiring funding in the short-range utility Capital Improvement Plan." Mr. Colmenero seconded Mr. Kinnison's motion. The motion to amend Item 21.b. failed to pass by the following vote: Colmenero, Kelly, and Kinnison voting "Aye"; Chesney, Garrett, Longoria, Noyola, and Scott voting "No"; Neal absent. Mr. Chapa then polled the Council for their votes on Item 21.b.: 21.b. M2003~041 Motion identifying additional drainage projects requiring additional funding in the short- range utility Capital Improvement Plan. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Longoria, and Scott voting "Aye"; Kinnison and Noyola voting "No"; Neal absent. Minutes - Regular Council Meeting January 28, 2003 - Page 11 Mayor Pro Tem Longoria opened discussion on Item 22, stormwater management policies. Mr. Escobar said that staff have completed the aerial photography, LIDAR elevation work and much of the maps and modeling. He said they can now develop the master plan criteria for the actual hydraulic information. He said the stakeholder process is also moving forward, which he explained, and he discussed the role of the Technical Advisory Group. Mr. Escobar discussed in detail the stormwater issues that have been identified: flood protection, drainage, city/developer participation, maintenance, water quality, and quality of life. He also reviewed Corpus Christi's rainfall intensity and the impact of setting level of protection (LOP) standards. Responding to Council Member Scott, Mr. Escobar said staff estimates that the revised LOP standards will increase the homebuyer's cost $800 to $1,400 per lot. Mr. Scott said he is concerned about the need for affordable housing but this proposal increases homebuyem' costs for lots. He questioned how often flooding is occurring in new subdivisions. Mr. Escobar said some new subdivisions, such as Crossgate and Glen Arbor, have experienced significant flooding. City Manager Garcia said part of the problem is that the subdivision drainage system is under-designed because the standards are too low. He said as the adjacent areas are built up, the drainage becomes critically inadequate. In reply to additional questions from Mr. Scott, Mr. Reining said he tried to address in the resolution all the issues that were raised; i.e., Section 2 discusses design criteria and Sections 3 and 4 deal with funding and the cost implications of specific standards. Council Member Kelly asked if topography will be one of the variables in the levels of protection. Mr. Escobar said the design criteria will address, for example, the hilly northwest area, the flatter southside, and the sandy areas of Flour Bluff. Mr. Kelly asked how staff arrived at those formulas. Mr. Roy Dodson, President of Dodson & Associates, said that technically the level of protection will be the same throughout the city but the methods of achieving it will be different according to the topography, soils and development in various areas. Mr. Kelly asked if the Council adopts the proposed resolution, whether it will prohibit building on properties that are known to flood even though they have been platted by the city. Mr. Reining replied that the current platting ordinance requires consulting engineers to show natural drainage ways on the plat. He said one of the problems with the city's platting process is that, unlike zoning, there is not a field inspection area, which will have to be addressed in more detail in the criteria manual. Mr. Escobar said the city encourages the design engineers to look at those issues. Mr. Dodson added that the city participates in the national flood insurance program, which means that the city is obligated to use flood plain maps to regulate development in the city. He said this process contributes information that will likely be reflected on those maps at some point in the future. Mr. Kelly said he is aware of many subdivisions that are not located in the flood plain but are in natural drainage ways. Mayor Pro Tem Longoria called for petitions from the audience on non-agenda items and there were none. He then continued with the discussion on Item 22. Minutes - Regular Council Meeting January 28, 2003 - Page 12 Replying to Council Member Kinnison, Ms. Gray said the consultants are recommending what they conclude will be a good level of protection based on the city's history, other cities' levels, and other criteria. They also obtained input from the Technical Advisory Group. Mr. Kinnison said the Council needs to balance many issues, including the cost impact. Mr. Massey said if the Council approves this item, they can continue to move forward to address such issues. Additional discussion ensued. There were no comments from the audience on Item 22. City Secretary Chapa polled the Council for their votes as follows: 22. RESOLUTION NO. 025182 Resolution tentatively approving the stormwater management policies and directing staff to proceed with preparation of the stormwater criteria and design manual, including the preparation of alternate levels of protection. The foregoing resolution passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. Mayor Pro Tem Longoria opened discussion on Item 23, election ordinance. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 23. ORDINANCE NO. 025183 Ordinance amending Ordinance No. 025170, which ordered a General Election to be held on April 5, 2003, in the City of Corpus Christi for the election of Mayor and eight Council Members, to authorize a Joint Election with Del Mar College and to make changes in regular and early voting polling places. An emergency was declared and the foregoing ordinance passed: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. Mayor Pro Tem Longoria opened discussion on Item 24, historic Nueces County Courthouse. Council Member Kelly said he thinks the proposed resolution could have shown more enthusiasm for the project, which if completed will be an asset to the city. Mayor Pro Tem Longoria said the project organizers need to have the resolution approved by January 30, 2003. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. RESOLUTION NO. 025184 Resolution supporting Nueces County's efforts to restore the Historic Nueces County Courthouse. The foregoing resolution passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Longoria, Noyola, and Scott voting "Aye"; Neal and Kiunison absent. Minutes - Regular Council Meeting January 28, 2003 - Page 13 Mayor Pro Tem Longoria called for the City Manager's report. Mr. Garcia said the next Council meeting will be February 11, 2003 beginning at noon with a joint meeting with the Convention and Visitor Bureau Board. Mayor Pro Tem Longoria asked staff to consider implementing a "stop on yellow" program to prevent people from running red lights and he suggested that unmarked police vehicles patrol South Padre Island Drive for reckless drivers. He also requested information about "eight-liner" machines. He then called for Council concerns and reports. Mr. Chesney said there will be a District 2 town hall meeting at Crockett Elementary on February 13, 2003 at 6:30 p.m. and the District 3 town hall meeting will be held on March 3fa; additional meetings will be held on March l0th and March 24t~ with the locations to be announced. He also asked about the status of Mr. Leon Loeb's development proposal. Mr. Reining said that one of the attomeys who was involved in the earlier legislation is supposed to bring back information. Mr. Garcia said staff will give the Council an update. Mr. Chesney asked if effluent can be recycled for use as drinking water. Mr. Garcia said it is reused for turf irrigation. Mr. Massey said it is the same technology for desalination but Mr. Garcia said it is very expensive. Mr. Chesney announced the Friends of the Park meeting on February 5th at 5:30 p.m. and added that he is still awaiting information about the medical contracts. Mr. Garrett said that during the CDBG hearings the Council allocated money for the Little Miss Kickball program but they are having difficulties obtaining the funding and he asked staff to look into it. Mr. Scott thanked Nueces Connty Commissioner Chuck Cazalas, Mr. Garcia and Mr. Escobar for their participation in a town hall meeting on January 27th. He said a question was raised about how to increase utilization of the recycling program. Mr. Massey said part of the problem stems from the recycled materials market but the city's automated garbage collection system has helped encourage recycling. He added that there are three recycling drop-off sites. Mr. Scott forwarded staff a letter regarding a cell tower on the island and he said a citizen on Laguna Shores Road is impressed with the increased police presence on that street. Mr. Chesney said that Mr. Vic Menard questioned a delay in CDBG funding and he asked staff to look into it. He also commented positively on the January 27th town hall meeting. Mr. Garrett said his wife was indirectly involved in an accident at Rodd Field Road and South Padre Island Drive and he complimented the emergency personnel for their swift, professional response. Mr. Colmenero asked staff to provide information about outsourcing engineering services and he commented on the problem of drivers nmning red lights. He said the Council needs to be aware of how federal and state funding issues will affect the city's budget. Mr. Noyola asked if staff was able to get information about the mats for the Salvation Army and he expressed his condolences to the family of Elvira Olivares. There being no further business to come before the Council, Mayor Pro Tern Longoria adjourned the Council meeting at 6:15 p.m. on January 28, 2003. 2 ANIMAL CONTROL ADVISORY COMMITTEE - One (1) vacancy with term to 5- 31-05 representing the category of Community at Large. DUTIES: To advise the City Council and City Manager on all aspects of animal control including fees, staffing, ordinances, procedures and policies and facilities. The jurisdiction and actions of the Board shall be advisory only. COMPOSITION: It shall consist of seven (7) members. Terms will be for three years. At least one member shall be a veterinarian. Two members shall be members of local animal welfare organizations (at least one of the organizations must operate an animal shelter). The remaining four members shall represent the community at large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager, or his representative, the Director of the City- County Health and Welfare Department or his representative and the Animal Control Supervisor shall serve as ex-officio members of the Board without vote. The Board, by majority vote, shall elect its own Chairman who shall preside at all meetings of the Board and a Vice Chairman who shall act as president in the absence of the Chairman. The Director of the City-Cotmty Health and Welfare Department or his designated representative shall serve as the secretary of the Board. MEMBERS Gail Hoffman (Corem at Large), Chairperson *Leonides Botello (Comm at Large) Dr. Alan Garrett (Veterinarian) Sherry Dunlap (Comm at Large) Susan Thiem (Comm at Large) Cheryl Martinez (Animal welfare/shelter) Chris Cooper (Animal welfare) City Manager or Representative Dr. Ardys Boostrom, Acting Dir of Public Health Cherrie Stunz, Supervisor, Animal Control ORIGINAL TERM APPTD. DATE 5 -31-03 6-13-00 5-31-05 5-21-02 5-31-04 8-21-01 5-31-05 5-21-02 5-31-03 6-13-00 5-31-04 9-09-02 5-31-04 7-10-01 Ex-Officio, Nonvoting Ex-Officio, Nonvoting Ex-Officio, Nonvoting *Has exceeded the number of absences allowed by ordinance INDIVIDUALS EXPRESSING INTEREST Roger Bateman Owner, Bateman Investments. M.B.A. and B.S. from University of California at Berkeley. Community activities include: Board Member and President of Gulf Coast Humane Society, Board Member and Elder of South Shore Christian Church, Rotary Club, and Navy League. (Animal welfare agency - Shelter) (8-19-02) Margaret Rose Colombo Receptionist, Nueces Veterinary Hospital. Attended Southern Careers Institute. Activities include: volunteer on the Turtle Patrol, Wildlife Rehabilitator and independent animal foster care. (Community at Large) (11-22-02) Alyce J. Franke President, Lost Pet Hotline. High school graduate, some college. Retired - Lost Pet Hotline volunteer. (Animal welfare agency) (6-27-01) Kendal L. Keyes Project Manager, Coastal Bend Bays and Estuaries Program. B.S. in Biology and M.S. Environmental Science from Texas A & M University - Corpus Christi. Activities include: Audubon Society, Land Trust, and Bays Foundation. Has volunteered at an animal facility and has a certification in animal rehabilitation. (Community atLarge) (1-13-03) Sharon Massad Director, Southside Montessori School. Received both a Bachelor's and Master's degree. Member of local and national dog club organizations. (Community at Large) (1-09-03) Donna M. Patterson Executive Director, Gulf Coast Humane Society. Attended Del Mar College. Previous board experience with Flour Bluff Independent School District for five years. Active in animal care throughout community. (Animal welfare agency - Shelter) (4-22-02 Cynthia Schleifer Insurance coordinator with local doctor's office. Received training at Southem Careers Institute. (Community at Large) (1-13-03) Judith Ann Sisson Founder and operator, Coastal Bend Small Breed Rescue. B.S. in Pharmacy, Schwartz College of Pharmacy, L.I.U. Brooklyn, NY. Volunteers with Lost Pet Hotline. Owner of Laguna Shores Pet Salon (pet grooming and boarding). (Animal welfare agency) (6-27-01) William T. Watson Vetetinahan, Animal Clinic of Flour Bluff. D.V.M. and Bachelor's degree from Texas A&M University - College Station. Member of the AVMA and the CBVMA. Has served on the Zoning Board in Levelland, TX (1982-88) and has been active with several soccer associations. (Veterinarian) (8-17- Ol) b. COMMITTEE FOR PERSONS WITH DISABILITIES - Five (5) vacancies with two-year terms to 2-01-05. COMPOSITION Nine (9) residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval. The city's Director of Human Relations, Director of Park and Recreation, and Building Official shall serve as ex-officio non-voting members. The chairperson of the Committee for Persons with Disabilities shall serve as an ex-officio voting member of the Human Relations Commission. MEMBERS TERM ORIGINAL APPTD. DATE Crystal Lyons, Chairperson *Mary J. Saenz **Sandra Cabazos Linda Fallwell-Stover *Roberto M. Flores Billy Ray Sayles Toni Padilla *Eloy Soza *Glen Ray Tomo Park & Recreation Director Human Relations Director Building Official 2-01-04 2-27-01 2-01-03 8-21-01 2-01-03 2-27-01 2-01-04 2-27-01 2-01-03 2-27-01 2-01-04 12-11-01 2-01-04 2-27-01 2-01-03 2-27-01 2-01-03 2-27-01 Ex-officio Ex-officio Ex-officio *Seeking mappointment **Is not seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME NO. OF MTGS. NO. THIS TERM PRESENT % OF ATTENDANCE LAST TERM YEAR Roberto M. Flores 11 9 82% Mary Saenz 11 7 64% Eloy Soza 11 10 91% Glen Ray Tomo 11 11 100% OTHER INDIVIDUALS EXPRESSING INTEREST Robert A. Bangham Director of Orthotics,~ Park Prosthetics Inc. Licensed Orthotist and Board Certified with the American Board for Certification in Orthotics. Academic training acquired at Northwestern University and New York University. Past Scientific Program Chairman for Texas Association of Orthotists and Prosthetists. More than 40 years of experience in Orthofics and Prosthetics. (1-24- O2) Clifford E. Bost Assistant Public Information Officer, Texas Department of Transportation. B.A. in Communications TV/Film from Texas A & M University - Corpus Christi. Activities include: Cubmaster for Boys Scouts of America, President of Coastal Bend Top Soccer and Chairman of the Planning Advisory Committee for MHMR. (8-05- O2) Johnette B. Cook Director of Personnel and Safety, Western Steel Company. Bachelor's irt Social Work/Certification for Teaching (Second~xy English). Activities include: Corpus Christi Human Resource Managers, Executive Women International, and Family Outreach Corpus Christi. (2-03-03) kene Chavez Assistant Director of Community, Corpus Christi State School. Attended St. Mary's University. Activities include: Vc,lunteer Services Council, Cesar Chavez Committee and Coastal Bend Alliance for Youth. (6-0¢-02) Gonzalo "Gonzo" Gonzalez Student Support Specialist, Texas A&M University- Corpus Christi. B.A. in Psychology (Highest Honors) and M.A. in Psychology (expected in 2002), Texas A&M-CC. Also serves as Disabilities Services Consultant and Interagency Liaison with Texas A&M-CC. Special awards include a Commendable Service Certificate from the Defense Distribution Depot, C.C. Naval Air Station. (8-16- Ol) Janet K. Henry Psychotherapist. Holds a Master of Arts degree. Active with the Karen E. Henry Fotmdation and Housing for Persons with Disabilities. Past President of Brain Injuries Association of South Texas. (2-01-01) Mike Patterson Helen Roland David D. Russell Debra Valenzuela Brian Watson Curtis Weidner Jack Widder Assistant Director of Transportation, CCISD. Holds a B.S. in Criminal Justice and M.B.A. Established special needs transportation within CCISD in 1996. (1-2S-01) Salesperson, Double R. Medical. Attended University of Omaha. Received an award for her work on the Barbara Jordan Award held in Corpus Chhsti and for her work on the MS Society Walk. (2-0S-01) Owner, Russell Medical - specializes in providing for disabled community. Associate's degree in Architectural Technology, Del Mar College. Has 12 years experience working with people with both short and long-term disabilities. (2-08-01) Receptionist, Texas Commission for the Blind. Community activities include: member of the Professional Women's Group, secretary for the Lion's Club (Coastal Bend chapter) and treasurer for the Blind Leaders group. Recipient of the Leadership Award from the Blind Leaders group. (1-$0-02) Freelance photographer, writer and journalist. B.A. in Managerial Studies, Rice University. Numerous academic awards: President's Honor Roll at Rice University, National Dean's List and member of Phi Kappa Phi Academic Honor Society. Participant in the Community Leadership Development Program, receiving training in wide variety of areas affecting the disabled (transportation, housing, employment and advocacy). (11-26-01) Case Manager, Communities in Schools. B.A. and M.S. in Secondary Education and M.S. in Educational Administration. Member of the Coastal Bend Advocacy Development Program. (11-22-02) Administrator, APAC. Attended Del Mar College. ($-02-01) LEADERSHIP COMMITTEE FOR SENIOR SERVICES - Eight (8) vacancies with two-year terms to 2-01-05 representing the following categories: 2 - Community representatives, 1 - Senior Center Participant, 2 - Retired and Senior Volunteer Program (R.S.V.P.) volunteers, 1 - Senior Companion Program volunteer, and 2 - Direct Service agencies. DUTIES To assist the Senior Community Services division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION Fifteen (15) members representing the following categories: 2 - Senior center participants, 2 - Retired and Senior Volunteer Program (R.S.V.P.) volunteers, 2 - Senior Companion Progran~ (S.C.P.) volunteers, 3 - Direct service agencies, and 6 - Community representatives. Initially, eight (8) members shall be appointed for a term of one-year and seven (7) members shall be appointed to two-year terms. MEMBERS TERM ORIGINAL APPTD. DATE *Alan D. Bligh (Community), Chairperson 2-01-03 H. Rex Amick (Agency), Vice-Chair 2-01-04 *Marion Ball (Senior ctr.) 2-01-03 Pauline Johnson (Senior ctr.) 2-01-04 **Hector Garza (R.S.V.P.) 2-01-03 *Diamantina Cisneros (R.S.V.P.) 2-01-03 Apolonia Cantu (S.C.P.) 2-01-04 ***Pete Oliver (S.C.P.) 2-01-03 *Roland Medrano (Agency) 2-01-03 *Juanell Graham (Agency) 2-01-03 Gloria Farias (Community) 2-01-04 Anna Gonzales (Community) 2-01-04 *Lucy Johnson (Community) 2-01-03 Patricia Shufelt (Community) 2-01-04 Russell B. Stowers (Community) 2-01-04 2-12-02 2-12-02 2-12-02 2-12-02 2-12-02 6-11 ~02 2-12-02 2-12-02 2-12-02 6-11-02 2-12-02 2-12-02 2-12-02 2-12-02 2-12-02 *Seeking reappointment **Is not seeking reappointment ***Deceased The LCSS is recommending the appointment of Mrs. Helga Graham to fill the category of RS VP.. ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME NO. OF MTGS. NO. THIS TERM PRESENT % OF ATTENDANCE LAST TERM YEAR Alan D. Bligh (Community) 10 Marion Ball (Senior ctr.) 10 Diamantina Cisneros (R.S.V.P) 6 Roland Medrano (Agency) 10 Juanell Graham (Agency) 6 Lucy Johnson (Community) 10 10 10 4 8 4 9 100% 100% 67% 80% 67% 9O% (Note: Roland Medrano was excused from two meetings, Juanell Graham was excused from one meeting, and Lucy Johnson was excused from one meeting.) OTHER INDIVIDUALS EXPRESSING INTEREST Gloria Aguilar Tax Consultant, Self-Employed. Attended Del Mar College. Active Campfire VITA Coordinator for six years. (Community) (1-16-03) Kevin Betts Executive Director, Trinity Towers Retirement Community. Associate's degree fi.om Columbus State College. Certified Assisted Living Manager in Texas. (Agency) (6-15-0D Irene Chavez Assistant Director of Community, Corpus Christi State School. Attended St. Mary's University. Activities include: Volunteer Services Council, Cesar Chavez Committee and Coastal Bend Alliance for Youth. (Community) (6-04-02) Petra Dilley Retired Sales-Commissary, U.S. Navy. Community activities include: Driscoll Children's Hospital volunteer, school mentor, member of National Hispanic Council on Aging, and member of Social Committee, NARFE. Received letters of commendation in the workforce and praise for work with children. (Senior center participan0 (1-18-02) Hope R. Franklin Information Specialist, United Way InfoLine. Associate's degree in Social Work; certified Benefits Counselor II; certified case manager. Former secretary for the Senior Companion Program Advisory Committee. (Agency) (11-07-01) Cathy Gilroy, R.N. Director of Patient Care, Girling Health Care. Member of Professional Advisory Committee. (Agency) (12-11-00) Helga Graham William Koprowski, J.D., Ph.D. Jean Ann Martin Teresa Martinez Margaret Palacios Hilda Rodriguez Pam Stetina Retired. Volunteers with Juvenile Justice Center, VistaCare Hospice and KEDT Radio and Television. (R.S.V.P.) (6-05-02) Professor & Program Manager of Health Administration, Texas A&M Univemity-Corpus Christi. J.D., University of South Carolina; Ph.D., Temple University, M.S. fi.om University of Southern California; B.A. fi.om Temple University. Member of Texas Healthcare Information Council and Board Member of Healthcare Financial Management Association. Special awards received include: Fulbright scholar. (Community) (7-25-01) Retired. B.A. in Mathematics and M.A. in Education. Activities include: Friends & Neighbors, C.C. Retired Teachers Association Board, Texas Congress of Parents and Teachers, Texas Retired Teachers Association and Doe-Paw- So's Square Dance Club. (Community) (2-18-02) Retired. Community activities include: nursing home volunteer, Senior Companion Program volunteer, and member of the Las Abuelitas folklorico dance group. Recipient of Vacation Bible School awards and S.C.P. awards. (Senior Companion Program volunteer) (1-29-02) Retired. Graduate of Miller High School and attended Del Mar College. Vice-President of AARP (Greenwood chapter). (Community) (11-28- oD Retired. Active Senior Companion Program volunteer. (Senior Companion Program volunteer) (1-29-02) Assistant Professor of Nursing, Texas A&M University-Corpus Christi. Master's and Bachelor's degrees in Nursing and holds a certificate in Gerontology. Professional and community activities include: member of Oncology Nursing Society, National League of Nursing and Sigma Theta Tau. Special awards received include: Educator of the Year, 1995; Who's Who in Medicine and Healthcare 1999-2000. (Community) (12-11-O1) Myrtle S. Tabor Julia Whitehurst Ihs P. Williams Martha Work Retired. Member of Church Women United, United Methodist Women and Senior Ushers. Member of the Oveal Williams Senior Center. (R.S.V..P.) (6- 06-02) Director of Senior Friends with Corpus Christi Medical Center, M.S. in Nursing, Member of Alzhiemers Association, Texas Nursing Association, American Nursing Association and International Nursing Honor Society, Adjunct Associate Professor of Nursing for Texas A&M University in Corpus Christi. (Agency) (11-07-01) Director of Rehabilitation, Heartland of Corpus Christi. B.S. in Physical Therapy, Tuskegee Institute. Professional activities include: member of Delta Sigma Theta (public service organization) and former member of the Senior Companion Program Advisory Committee. Named the Director of Rehabilitation for the Quarter for HCR Manorcare. (Agency) (ll-07-OD Retired. Volunteers at Christus Spohn Shoreline and the Ronald McDonald House. (R.S.V.P.) (6-06- O2) 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of twenty (20) computers and licenses from the following companies for the following amounts in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $38,196. Funds are available from the Metropolitan Medical Response System (MMRS) Grant and the Office of Emergency Management Operating Fund. Dell Marketing LP Austin, Texas $31,816 (computers) SHI Government Solutions, Inc Austin, Texas $6,380 (licenses) Grand Total: $38,196 Purpose: The computers will be installed at the City's Emergency Operations Center (EOC) located at the Frost Bank Building. They will be used by staff during activation of the EOC and will be connected to the City's network for access to existing files and records. The computers will also be connected to the Internet and have the capability to print to local and networked printers installed at various City facilities. Basis of Award: State of Texas Cooperative Purchasing Program-Qualified Information Systems Vendor. Funding: Metropolitan Medical Response System Grant 520100-1050-830001 Office ofEmergencyManagement 520100-1020-11950 Total Procurement & General Services Manager $36,000 2,196 $38,196 February 11,2003 Buyer: Michael Barrera City of Corpus Christi Bid Tabulation Computers for EOC OptiPlex SX260 Dell Space-Saver computers Office XP Proffessional, Windows 20 Unit each each Dell Marketing LP Austin, Texas $1,590.80 $31,81600 N/B SHI Government Solutions, Inc Austin Texas NIB $319.00 $6,380.00 ~' Total of award Grand Total $31,816.00 $38,196.00 $6,380.00 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement for approximately 530,700 gallons of emulsified polymerized asphalt (HFRS-2P) in accordance with Bid Invitation No. BI- 0046-03 with Koch Materials Company, Corpus Christi, Texas, based on only bid for an estimated annual expenditure of $504,165. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Street Services in FY 02-03. Purpose: Previous Contract: This material is used by Street Services in their seal coat operation. It is the binder which is used with precoated aggregate to form street pavement. The City does not have storage capability for this material. The vendor is required to have a local facility in order to dispense the heated material into City trucks and receive unused portions for credit. The option to extend the previous contract has been exercised, requiring the City to issue new bid invitations. Bid Invitation Issued: Four Bids Received: One Pricing Analysis: Award Basis: Funding: Michael Barrera, C.P.Mfl Procurement and Gener~tl When compared to the previous contract of March 2000, pricing has remained stable. Only bid. Historically, the City has received limited responses for this product due to the specialized storage facilities required to service the contract. Organization Name Street Services Amount 520130-1020-12410 $156,290 520130-1020-12430 347~870 Total: $504,160 Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION 2/11/2003 BID INVITATION NO. BI-0046-03 EMULSIFIED POLYMERIZED ASPHALT (HFRS-2P) BUYER: MARIA GARZA ITEM NO. DESCRIPTION Emulsified Polymerized Asphalt (HFRS-2P) KOCH MATERIALS CO. QTY UNIT CORPUS CHRISTI, TX UNIT PRICE TOTAL PRICE 530,700 gallons 0.95 $504.165.00 5 AGENDA MEMORANDUM DATE: February 4, 2003 SUBJECT: Greenwood Wastewater Treatment Plant Digester Covers Replacement (Project No. 7255) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a consultant contract with MEI Govind for a total fee not to exceed $154,840 for the Greenwood Wastewater Treatment Plant Digester Covers Replacement. ISSUE: The anaerobic digester unit covers at the Greenwood Wastewater Treatment Plant have exceeded their useful economic life and replacement has become more cost effective than repair. This project will provide for the replacement of two covers. A contract for professional services is required to complete the preliminary design phase, design phase, bid phase, and construction phase; and requires City Council approval. FUNDING: Funding is available from the FY 2002-2003 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, Director of Wastewater Department ',~hgel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit"B" Contract Summary Exhibit"C" Location Map H:/USERS2/HOM E/VELMAR\GEN/RFQ 2002-01/CONSULTANT AGENDA\7255~AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Greenwood Wastewater Treatment Plant Digester Covers Replacement (Project No. 7255) PRIOR COUNCIL ACTION: 1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects)to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. Mamh 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: 1. Approval of a construction contract to complete the subject project. PROJECT BACKGROUND: The anaerobic digesters at the Greenwood Plant require replacement of covers and steel methane gas process piping. The project will provide for replacement an existing fixed cover on a 70-foot diameter primary tank and an inflated cover over the 70-foot diameter secondary digester which has a synthetic cover that requires replacement with a floating cover. Both of the facilities require gas line replacements. Also included will be repairs/rehabilitation of ancillary equipment and buildings. PROJECT DESCRIPTION: The proposed project consists of preliminary, design, bid, and construction phase services to replace the digester covers at the Greenwood Wastewater Treatment Plant. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". EXHIBIT "A" Page I of 1 H:/USERS2\HOM E~VELMARIGEN\RFQ 2002-01/CONSULTANT AGENOA\7255~AGENDA BACKGROUND CONTRACT SUMMARY Greenwood Wastewater Treatment Plant Digester Covers Replacement (Project No. 7255) 1. SCOPE OF PROJECT The anaerobic digesters at the Greenwood Plant require replacement of covers and steel gas piping. The project will provide for replacement of a fixed cover on a 70-foot diameter primary tank and an inflated cover over the 70-foot diameter secondary digester which has a synthetic cover that requires replacement with a floating cover. Both of the facilities require gas line replacements. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday February 19, 2003 Begin Preliminary Phase Monday March 31,2003 Begin Design Phase Friday June 13, 2003 60% Submittal Friday July 11,2003 City Review Friday August 1, 2003 100% Submittal Friday August 15, 2003 City Review Friday August 29, 2003 Final Submittal Monday (2) September 8 and 15, 2003 Advertise for Bids Wednesday October 1,2003 Pre-Bid Conference Wednesday October 8, 2003 Receive Bids Monday November 24, 2003 Begin Construction Weekday May 28, 2004 Construction Completion EXHIBIT "B" Page 1 of 2 H:/USERS2\HOME\VELMAR\GEN\RFQ 2002-01/CONSULTANT AGENDA\7255/CONTRACT SUMMARY 4. FEES Fee for Basic Services 1. Preliminary Phase $13,312.00 2. Design Phase 92,461.00 3. Bid Phase 3,100.00 4. Construction Phase 2,445.00 Subtotal Basic Services Fees 111,318.00 Fee for Additional Services (Allowance) 1. Permitting (as applicable) TCEQ 1,652.00 2. Construction Observation Services 39,480.00 3. Start-up Services 1,240.00 4. Warranty Phase 1,150.00 Sub-Total Additional Services Fees Authorized 43,522.00 Total Authorized Fee $I 54,840.00 H:\USERS2~HOMEIVELMAR\GEN/RFQ 2002-01/CONSULTANT AGENDA/7255\CONTRACT SUMMARY EXHIBIT "B" Page 2 of 2 \ Mproject \ councilexhibits \ exh 7255.dwg N NUECES E~AY CORPUS CHRISTI BAY TREATMENT PI_ANT LAGUNA MADRE GULF OF MEXICO LOCATION MAP NOT TO ECALE PROJECT No. 7255 GREENWOOD WASTEWATER TREATMENT PLANT DIGESTERS COVERS REPLACEMENT CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "C" CT_TY COUNCT. L EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I ol= 1 DATE:02/04/2005 6 AGENDA MEMORANDUM DATE: February 3, 2003 SUBJECT: O. N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance (Project No. 8453) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $58,102 with Rabalais I & E Constructors for the O. N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Agreement for Architect/Engineer Consultant Services in the amount of $23,974, for a total re-stated fee of $46,909, with Onyx Engineering, Inc. for the O. N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance. ISSUE: On-going generator testing and maintenance of the alternate power system at the O. N. Stevens Water Treatment Plant is required. The equipment manufacturer of the alternate power system has provided the City with a five (5) year warranty, conditional upon regular inspections, maintenance, and testing. FUNDING: Funds to finance the proposed project are available in the Water Department's Operating Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. Eduardo Garage, P. E., Director of Water Services ~(~g~l R. E'sco-bar, P.E., ' Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tabulation Exhibit"D" Location Map H \USERS2\HOME\VELMAR/GENIWATER/ONS/B453~GEN DA MEMO BACKGROUNDINFORMATION SUBJECT: O. N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance (Project No. 8453) PRIOR COUNCIL ACTION: 1. December 17, 2002 - Ordinance approving FY 2002-03 Capital Improvement Program (Ordinance No.025144). PRIOR ADMINISTRATIVE ACTION: 1. October 2, 2002 - Agreement with Onyx Engineering, Inc. for the O. N. Stevens Water Treatment Plant On-Going Generator Testing and Maintenance in the amount of $22,935. BACKGROUND: In the event of the loss of normal power supply, the alternate power supply system at the O. N. Stevens Water Treatment Plant is critical to the operation of the City's water distribution system. On June 20, 2000 the City contracted with Rabalais I & E Constructors to construct the Alternate Power Supply System. The alternate power supply system allows the water distribution system to deliver water throughout the City to its water customers. Essential to the continuous operation of the alternate power supply system is routine maintenance of three (3) 2000 kW diesel driven 4160 v generators. These generators are capable of supplying power to operate treatment facilities and high service pumps. The equipment manufacturer of the generators, ONON, has provided the City with a five (5) year warranty conditional upon regular inspections, maintenance, and testing. The proposed project is necessary to keep the alternate power supply system pedorming at optimal levels and ensure warranty compliance. The proposed Amendment with Onyx Engineering, Inc. includes fifteen (15) each generator technical inspections and witnessing services associated with monthly inspection, testing, and maintenance of the three (3) 2000 kW diesel driven 4160 standby power generators at the O. N. Stevens Water Treatment Plant. PROJECT DESCRIPTION: This project consists of one calendar year (twelve (12) months) inspection, maintenance and testing for the O. N. Stevens Water Treatment Plant Alternate Power Supply System which shall include scheduled inspection, maintenance and testing services, corrective non-warranty services and emergency call-out services for the three (3) 2000 kW engine-generator sets, associated local/master control panels and engine-generator set control system in accordance with plans, specifications, and contract documents. EXHIBIT "A" Page 1 of 2 Hr/USERS2/HOM E/VELMAR/GE N/WATER\ONS\8453~AGENDA BACKGROUND CONTRACT BIDS: The project consists of a Base Bid and two (2) supplemental bid proposals cost allowance for additional maintenance services as follows: Cost allowance for additional corrective and/or emergency call-out services engine-generator set inspection, testing, and maintenance services per hour. Cost allowance for additional electrical testing services per hour. The unit prices are established for services in excess of those defined in the Base Bid. All services shall be performed by technicians that meet the requirements in engine-generator set inspection, maintenance, and testing qualifications. Services under the cost allowance of the contract will be negotiated when the City determines that they are required. Any work to be done under the cost allowance of the contract will be authorized by a Change Order. Proposals were received for the project on Wednesday, January 15, 2003. Rabalais I & E Constructors was the only responsible bidder at $58,102. The City's consultant, Onyx Engineering, Inc., has acquired positive feedback from references of Rabalais I & F Constructors. The City's consultant, Onyx Engineering, Inc., recommends award of the Base Bid in the amount of $58,102 to Rabalais I & E Constructors. The engineer's estimate is $59,590. CONTRACT TERMS: The contract specifies that the project will be completed in one (1) calendar year with completion anticipated by the end of March 2004. FUNDING: Funds to finance the proposed project are available in the Water Department's Operating Budget. H /USERS2\HOMEIVELMAR\GEN\WATER\ONS/8453~,GENDA BACKGROUND EXHIBIT "A" Page 2 of 2 PROJECT BUDGET O. N. STEVENS WATER TREATMENT PLANT ON-GOING GENERATOR TESTING AND MAINTENANCE Project No. 8453 January 30,2003 FUNDS AVAILABLE: Water Operating .................................................................................... $113,811.00 FUNDS REQUIRED: Construction (Rabalais I & E Constructors) .................................................. Contingencies (10%) ............................................................................... Consultant (Onyx Engineering) .................................................................. Major Projects Activity ............................................................................ Printing, Advertising, etc ........................................................................... Total ................................................................................................... $58,102.00 5,800.00 46,909.00 2,500.00 500.00 $113,811.00 EXHIBIT"B" H:\USERS~HOM~V/LMA~GEN\WATER/ONS~453/PROJECTBUDGET Page 1 of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services ENGINEER'S ESTIMATE: $59,590.00 DATE: Wednesday, January 15, 2003 TIME OF COMPLETION: 1 Calan. Year Rabalais Electric Contractors O. N. Stevens Water Treatment Plant On-Going Generator Testing and P.O. Box 10366 Maintenance (Project No. 8453) Corpus Christi, TX 78460 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Nine (9) monthly and six (6) twice per month inspection (= total of [15] tests), testing and maintenance services for three (3) 2000 kW engine generator sets, associated local/master control panels and engine generator set control 1 system, complete in place per lump sum. 1 L.S. $23,393.00 $23,393.00 (1) annual inspection, testing and maintenance services one (1) time per year for three (3) 2000 kW engine generator set, associated local/master control panels and engine generator set control system, complete in place per lump 2 sum. 1 L.S. $10,947.00 $10,947.00 Schedule, non-warranty corrective maintenance services for three (3) 2000 kW engine generator sets, associated local/master control panels and engine generator set control system, complete in 3 place per hour. 50 HR. $72.00 $3,600.00 Emergency call out, non-warranty maintenance services for three (3) 2000 kW engine generator set, associated local/master control panel and engine generator set control system, complete in 4 place per hour. 50 HR. $108.00 $5,400.00 Allowance miscellaneous engine fluids and spare parts that are not par[ of the scope of the contract. Items to be billed at Contractor's cost 5 plus 15%, complete in place per lump sum. 1 L.S. $5,000.00 $5,000.00 One (1) set of polarization index tests (test each phase) on each of the Main Stator, Main Rotor and Exciter Stator/Roto Windings for each of three (3) generators, complete in place per lump 6 sum. I L.S. $3,369.00 $3,369.00 EXHIBIT "C" 1 Page 1 of 2 Rabalais Electric Contractors O. N. Stevens Water Treatment Plant On-Going Generator Testing and P.O. Box 10366 Maintenance (Project No. 8453) Corpus Christi, TX 78460 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT {)ne (1) [nEared Survey of all electrical connections on the Potential Transformer/Current Transformer Compartment and Generator Feeder Termination ComparbT~ent for each of three (3) Generators and on the Generator Feeder Beaker Tenminations for each 3f throe (3) Generator Breakers, complete in 7 ;)lace per Lump Sum. 1 L.S. $6,393.00 $6,393.00 Total Base Bid (Bid Items 1-7) $58,102.00 Supplemental Bid Proposal Cost Allowance for Additional Maintenance Services Cost Allowance for additional corrective and/or 9mergency call-out services Engine-Generator Set Inspection, Testing and Maintenance 1 Services per hour. 1 HR. $108.00 $108.00 ~.ost Allowance for additional electrical testing 2 services per hour. 1 HR. $120.00 $120.00 lEXHIBIT "C" 1 Page 2 of 2 \Mpro/ect~counc~lexhibits\exh845.~.dw~ ON STEVENS WATER ~ PLANT LOCATION '"- NUECES BAY LOCATZON ~AP NOT TO SCALE PROdECT No, 845~ EXH[B~T "O" O,N, STEVENS WATER TREATMENT PL~T ON- CZTV ~U~CZL EXHZa~T DEPARTMENT OF ENGINEERING SERVICES GOZNG GENE~TOR TESTZNG ~D ~ZNTEN~CE PAGE: ~ o~ Cl~ OF CORPUS CHRISTI, TEXAS DATE: 02/Q4/20Q~ 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 11, 2003 AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute a construction materials inspection and laboratory testing contract with Trinity Engineering/Kleinfelder of Corpus Christi, Texas in an amount not to exceed $122,925 for the Southside Water Transmission Main Phase 2, 2a and 3 project. b. Motion authorizing the City Manager, or his designee, to execute a construction weld inspection and testing contract with Base Line Data, Inc., of Portland, Texas in an amount not to exceed $105,458 for the Southside Water Transmission Main Phase 2, 2a and 3 project. Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation contract with Trinity Engineering/Kleinfelder of Corpus Christi, Texas in the amount of $37,400 for the Southside Water Transmission Main Phase 4, 4a and 5 project. ISSUE: Construction materials inspection, laboratory testing, and weld inspection is necessary to ensure the project is built in accordance with plans and specifications. Geotechnical investigation is necessary for Phase 4, 4a and 5 to provide the design engineer with data regarding soils and other geotechnical conditions that might affect the transmission main. FUNDING: Funding is available from the Water CIP Fund. CONCLUSION AND RECOMMENDATION: Approval of the motions as presented. ~,~ge~ 15,. E~cobar, P.E. Director, Engineering Services Date Eduardo GaraSa, P.E. Date Director, Water Services Attachments: Exhibit A: B_.ac,kgro. u..nd Information Exhibit B: uomram summary Exhibit C: Location Map BACKGROUNDINFORMATION SUBJECT: Southside Water Transmission Main PRIOR COUNCIL ACTION 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97- 246) September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174). June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98- 208). September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65 with Trinity Engineering Co. for testing services for Southside Transmission Main - O.N Stevens Plant to Clarkwood Road (M98-328). November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474). March 23, 1999 - Approval of site selection and authorization to proceed with acquisition (M99- 078). March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42-inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16- inch waterline near Country Creek (M99-079). May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99-142). May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. M023645). June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189). July 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703). September 28, 1999 - Award of construction contract to Gamey Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, Contract 4 (M99-342). October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). April 11, 2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-106). April 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024014). Exhibit A 1 Page 1 of 2 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024213). September 19, 2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-332). December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000-434). December 12, 2000 - Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (Motion M2000-435). February 13, 2001 - Approval of acquisition of Parcels No. 31a and 31b for $28,291in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-060). April 17, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162) January 15, 2002 - Approval of the FY 2001-02 Capital improvement Budget (Ordinance No. 024730). June 25, 2002 - Approval of Amendment No. 1 in the amount of $454,125 to the contract with Urban Engineering for the Southside Water Transmission Main, Phases 2, 2a & 3 and the Southside Gas Transmission Main, Part B & C to outsource the land negotiation and acquisition process to acquire the remaining 54 utility easement parcels for both the Southside Water and Gas Transmission Mains. December 10, 2002 - First Reading of the Ordinance approving the FY 2002 - 2003 Capital Improvement Budget. December 17, 2002 - Approval of the FY 2002 - 03 Capital Improvement Budget in the amount of $229,913,200. December 17, 2002 - Award of an engineering services contract to Urban Engineering ~n the amount of $1,824,742 for the Southside Water Transmission Main Phase 4, 4a, and 5 project (M2002-419). January 14, 2003 - Award of a construction contract to Gamey Companies, Ltd. In an amount not to exceed, $15,844,698.58 for the Southside Water Transmission Main, Phase 2, 2a, and 3 project (M2003-019). Exhibit A ] Page 2 of 2 I ATTACHMENT A SCOPE OF SERVICES SOUTHSIDE WATER TRANSMISSION MAIN PHASE 2, 2a, 3 CORPUS CHRISTI, TEXAS General: In accordance with the request of Mr. Kevin Stowers, Trinity Engineering/Kleinfelder will provide limited testing services as described below for the above project on a "full-time basis". As such, we agree to provide a technician to conduct tests in the field and/or to sample materials at the direction of the client or his designated representative and to provide laboratory testing. It is the responsibility of the client to determine the tests that are required for the project and to provide proper notice to schedule our technician. Trinity Engineering/Kleinfelder is not managing the testing for this project nor providing construction materials engineering services. Testing Services: Based on our understanding of the project requirements, the following testing services could be required: Compaction testing of subgrade, backfill and base material. a. Sample material and deliver to the Trinity Engineering/Kleinfelder laboratory for reference tests as listed below: · Moisture Density Curve b. Conduct field moisture and/or density tests using a nuclear density gauge and a static cone penetrometer. One density test per joint of pipe. c. Provide full-time technician to perform visual observation of backfill operation. Rate is based on 180 days, Monday thru Friday 10hfs/day and 36 Saturdays 10 hrs/day. d. Prepare a report of tests. Concrete strength and consistency tests. a. Sample concrete and test for the following: · Slump · Temperature b. Sample concrete and prepare test cylinders. c. Cure test cylinders and conduct compressive strength tests. d. Prepare report of tests. HMAC a. Sample HMAC and test for the following: · Lab molded stability and density ~ Extraction and Gradation b. Prepare a report of tests Exhibit B l Page 1 of 7 630YPM014/CCH3P014 Page 1 of 2 Cop.~right 2003, Tr n y Eng neering/Kleinfelder I'().Box429~ · (orpus([uisti, Texas 78469 · {1(~1) 854 477:[ · (3611~54 4924 fax February 4, 2003 ATTACHMENT B FEE SCHEDULE SOUTHSIDE WATER TRANSMISSION MAIN PHASE 2, 2a, 3 CORPUS CHRISTI, TEXAS Item Estimated Rate per Estimated Quantity Test Total Earthwork Proctor 42 Density equipment monthly charge 9 Gradation 20 $190.00 each $1,800.00/month $55.00 each $7,980.00 $16,200.00 $1,100.00 Concrete Cylinders 60 $15.00 each $900.00 lIMA C Lab molded stability and density 1 Extraction and gradation 1 $120.00 each $120.00 $175.00 each $175.00 Technician time Technician overtime rate Project manager Administrative Vehicle charge 1800 $37.00/hour $66,600.00 360 $55.50/hour $19,980.00 50 $75.00/hour $3,750.00 72 $40.00/hour $2,880.00 216 $15.00/thp $3,240.00 ESTIMATED TOTAL $122,925.00 Work performed on weekends, holidays, or between the hours of 6:00 pm and 6:00 am will be charged at 1.5 times the unit rate shown. Exhibit B Page 2 of 7 ] 630YPM014/CCH3P014 Page 2 of 2 Copy~ ight 2003, Trinity Engineering/Kleinfelder February 4, 2003 Base Line Data, Inc. hemi ' ' cai & Refinery Inspection Services Mr. Kevin Stowers City of Corpus Christi Department of Engineering Services P.O. Box 9277 Corpus Christi, TX. 78469 Date: February 3, 2003 Mr. Stowers, I have been requested to submit our proposal for performing the inspection on your Construction Weld Testing of the Southside Water Transmission Main Phase 2, 2a and 3 County Road 36 to Staples St. Pumping Plant Project No. 8274, 8389 and 8276 to your attention. You will find our proposed hourly pricing for the work discussed in a meeting held on January 29'h, 2003. The people in the meeting consisted of"Chip" Urban-Urban Engineering, Mark Maroney-Urban Engineering, Manuel Castillo-City of Corpus Christi, Steve Fey-Base Line Data, Inc. and J.W. Rails-Base Line Data, Inc. It has been reqnested that Base Line Data, [nc. submit an hourly proposal for performing the visual inspection and PT or MT examination on a 54" diameter pipeline. The Hanson Pipe Company is manufacturing this pipe. The hourly pricing is for providing a current Certified Welding Inspector (CWI) that has ASNT-SNTC-IA Level II certifications in Liquid Penetrant and Magnetic Particle disciplines. It is understood that this inspector will monitor and inspect thc welding that is being performed on this pipeline. All welding shall meet the requirements o£the AWWA C206 AND AWWA M9. In addition, he/she will perfoml the necessary NDE examinations in accordance with the acceptance requirements of AWS DI.I. It is estimated that this work will have a duration of 9 months. Listed below is our hourly pricing for this project that includes labor, consumables, transportation, taxes and burden: (':WI and PT or MT Technician (Straight Ti~ne Rate Per Hour) CWI and PT or MT Technician (Premium Rate Per Hour) $52.00/Hr. $78.00/Hr. Total projected cost based on providing an inspector for 48 hours a week, working a total of 39 weeks will be: Inspector Cost for 48 bours per week for 39 weeks $t05,458.00 Total Projected Cost $105,458.00 We sincerely appreciate the opportunity to quote your work and if there are any questions, please contact J.W. Rails ~ (36) 643-3400 or bv E-mail at jwrallsCff)bldata.com. President and Owner Exh~it B Page 3 of 7 PO Box 925 Portland. IX 78374 Phone (361) 643-3400 Fax: (361) 643-8442 I 1832 New, Castle Suile 2 Baton Rouge. I A 70816 Phone: (225) 291-9349 Fax (225) 29D9333 1149 Ellsworth Suite 40 Pasadena, TX 7750 Phone: (713) 473-153 Fax: (713)473-194 Attachment A: Work Scope Description Geotechnical Investigation Southside Transmission Main Phases 4, 4a, and 5 Corpus Christi, Texas Introduction: This project will involve Phase 4, 4a, and 5 construction of the Southside Transmission Main water line in Corpus Christi. The line will commence near the South Staples Street and Oso Parkrway intersection and terminate at the Laguna Madre in Corpus Christi, Texas. The pipeline will have a total length of about 77,200 lineal feet in its present route. The depth of line will vary along its route to avoid or minimize interference with existing infrastructure. Exploratory Borings: As discussed, the investigation will include the following exploratory soil boring schedule. 4 1 2 5 4 3 2 6 King Estates Subdivision 15 Oso Creek near Botanical Gardens 40 Oso Creek near Cimarron 15 Rodd Field Rd. & Rodd Field Road Extended 15 Mary Carroll Ditch 15 Yorktown Blvd. - Rodd Field to Oso Creek 15 Oso Creek at Yorktown Blvd. 40 Yorktown Blvd. Oso Creek to Lal~una Shores 15 Select boreholes wilt be temporarily plugged upon completion to allow delayed 24-hour groundwater observations. After delayed groundwater observations, these boreholes will be permanently backfilled with cuttings. Where delayed groundwater observations are not made, these boreholes wilt be backfilled with cuttings upon completion of drilling. The soil borings will be drilled using our truck-mounted drill rig. We plan to recover undisturbed samples of cohesive clay soils for laboratory testing and analysis. Standard Penetration tests (SPT) will be conducted in the event that non-cohesive soils or soft soils are cncountered. All recovered samples will be properly labeled, wrapped and sealed. All samples will be returned to our laboratory where they will be reviewed and representative samples selected for testing. Exhibit B j Page 4 of 7 February 3, 2003 630YPG015/CCH3P015 Page 1 of 4 Copyright 2003, Trinity Engineering/Kleinfelder P() Box42Cl~ ' Ct)rF)us(hristi, lexas 79469 · ~(,1 8q44774 · {~(~ll~/54.4924fax Attachment A Southside Transmission Main Phases 4, 4a, and 5 Corpus Christi, Texas In addition to the soil borings, a site field resistivity survey will be conducted for the investigation. A resistivity survey will be performed at each boring location using the Wenner array method of determining apparent resistivity. Eight [8] additional resistivity surveys could be conducted at a later date depending upon the findings of the initial study. Laboratory Testing: The recovered soil samples will be tested in our laboratory using the following tests intended to characterize the soil physical properties. This information is required for our analysis of pipe thrust restraints, slope stability, bedding/backfill requirements and related design criteria needed by the prime engineering consultant. Atterberg Limits Tests Percent Passing #200 Sieve Moisture Contents Unit Dry Weights Pocket Penetrometer Consistencies Unconfined Compressive Strengths U-U Triaxial Compression Tests pH & Soil Box Resistivity Tests Sulfate, Chloride, & Sulfide Concentrations (Soil & Groundwater) Engineering Analysis, Recommendations and Report: Our project engineer will supervise the field and laboratory investigations and prepare the geotechnical engineering report. The results of the field exploration and laboratory testing programs will be used in our analyses and provide the basis for our recommendations. We will provide the results of our investigation in a formal written report. It will include a boring location plan, boring logs and laboratory test results. The report will also describe our analyses and evaluations of pipe system thrust restraints (i.e., passive pressures and sliding resistant), slope stability, apparent earth pressures, bedding/backfilling requirements, dewatering issues, and tunneling considerations. In addition, discussion of corrosion potential for concrete and steel in contact with the soils will also be provided. A total of five copies of the geotechnical report will be forwarded upon completion. Estimated Cost: The total estimated cost of our work is summarized as follows: Estimated Cost For Basic Services (Excluding Supplemental Resistivity Survey) $35,200 Estimated Cost For Supplemental Resistivity Surveys $ 2,200 Total Estimated Cost $37,400 Exhibit B Page 5 of 7 I 630YPG015/CCH3P015 Page 2 of 4 Copyright 2003, Trinity Engineering/Klcinfelder EO Box 429~ ' (orpus(l~ris~i, Texas 7946~ ' (~61)854 4774 ' (361) 854 4924 fax February 3, 2003 Attachment A Southside Transmission Main Phases 4, 4a, and 5 Corpus Christi, Texas As part of the basic services, the above estimated fee includes the cost for a total of 24 sulfate, sulfide, and chloride tests for evaluating corrosion potential of the in-place soils and groundwater. The cost for testing either soil or groundwater samples is $75.00 each. For budget purposes, we_have included 21 soil samples and 3 groundwater samples. The above estimated fee for the basic services also includes conducting a total of 27 field resistivity surveys (one field resistivity survey per boring location). The total cost associated with the field resistivity surveys is $4,110. As requested, we are providing the estimated cost associated with conducting up to 8 supplemental resistivity surveys. The supplemental resistivity surveys will only be conducted if necessary after receiving approval from the City and the project consultants. These surveys will be conducted in the same manner as the resistivity surveys planned for the boring locations. The estimated cost for 8 supplemental surveys is $275 per survey location. This cost estimate assumes that the 8 supplemental surveys will be conducted back to back without any delays between locations. If the surveys are not conducted in this fashion the cost per survey may be higher. We will complete our assignment, as we now understand the scope, for this lump stun fee. We will not exceed this estimate total unless the project work scope changes and unless written authorization is received. If services beyond our above stated scope are requested, they will be performed at the rates provided in Attachment B. This fee includes location of the borings at the site and seeking locations of underground utilities that may be present at the site. The fee assumes that the boring locations will be accessible to our truck mounted drilling rig and support vehicles and that these vehicles can negotiate the site under their own power without assistance. Surveying and Access to Boring Locations: The fee estimate above assumes that the owner will provide right-of-access to the property and that the boring locations are accessible to our truck mounted drill rig. We have included locating soil borings in the field as part of our services. We plan to stake the boring locations once GPS coordinates are provided to us by the prime civil engineering consulting firm. Furthermore, clearance of underground utility lines is also included as part of services. Exhibit B Page 6 of 7 630YPG015/CCH3P015 Page 3 of 4 Copyhgh12003, Trinity Engineering/Klcinfelder February 3, 2003 Attachment B -- Unit Price Fee Schedule Geotechnical Investigation Southside Transmission Main Phases 4, 4a, and 5 Corpus Christi, Texas Description Unit Price Fee 1.0 Field Exploration Services 1.1 Mobilization and De-Mobilization of Truck Mounted Drill Rig, Crew and Support Vehicles 1.2 Drilling and Sampling Charges 1.3 Groundwater Observations & Sampling 1.4 Field Coordination & Engineering 1.5 Boring Location Layout/Utility Checks 1.6 Subcontract Services (If Necessary) $175.00 lump sum $12.00 per foot $40.00 per hour $95.00 per hour $80.00 per hour Cost + 20% 2.0 Laboratory Testine 2.1 Atterberg Limits Tests 2.2 Percent Finer than No. 200 Sieve 2.3 Moisture Content, only 2.4 Unit Weight and Moisture Content 2.5 Pocket Penetrometer Consistency 2.6 Unconfined Compressive Strength 2.7 U-U Triaxial Compressive Strength 2.8 pH & Soil Box Resistivity 2.9 Sulfate, Chloride, & Sulfide Content $55.00 each $25.00 each $8.00 each $25.00 each No Charge $25.00 each $60.00 each $150.00 each $75.00 each 3.0 Enl~ineerin~ and Technical Services 3.1 Senior Geotechnical Engineer (P.E.) 3.2 Staff Geologist 3.3 Draftsman/Computer Operator 3.4 Report Reproduction and Binding Expense $95.00 per hour $65.00 per hour $40.00 per hour $40.00 per hour The unit prices stated above will apply for the work scope described in Attachment A. We will not perform additional work outside the present work scope without prior consultation and approval. Subcontract services, if needed, will be charged at cost + 20%. Exhibit B Page 7 of 7 630YPG015/CCH3P015 Page 4 of 4 Copylight 2003, Trinity Engineering/Kleinfelder February 3, 2003 \Mpr~ect\CouncilExh \southtron8194-1.dwg d 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 11, 2003 AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute a consultant contract with Smith, Russo & Mercer in the amount of $122,200 for the Area Street and Drainage Improvements along the following streets: (bounded by Sunnybrook, Evelyn, Gollihar, and Kostoryz) · Evelyn · Helen · Theresa · Ross · Woodland · Southwood Motion authorizing the City Manager, or his designee, to execute Amendment No. I to a consultant contract with Smith, Russo & Mercer in the amount of $87,200 for Mansheim Area Drainage Improvements ISSUE: An engineering contract is necessary to prepare construction plans, specifications, bid and contract documents for reconstruction of street and utility improvements for the CDBG eligible streets. FUNDING: Funding for this project is available in the FY 02 CDBG program and FY 02 -03 Capital Improvement Programs CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended to award a consultant contract to begin design services. / ~(~gefR'. Escobar, P. E., Director of Engineering Services Attachments: Exhibit "A" Background Exhibit"B" Contract Summary Exhibit "C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Area Street and Drainage Improvements along the following streets: (bounded by Sunnybrook, Evelyn, Gollihar, and Kostoryz) (Project 6169A) · Evelyn · Helen · Theresa · ROSS · Woodland · Southwood Mansheim Area Drainage Improvements (Project 2129) PRIOR COUNCIL ACTION: 1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: 1. Approval of stage two design services to complete design, bid and construction documents for the following streets: · Phase Two: Helen & Theresa · Phase Three: Ross, Woodland & Southwood 2. Approval of various construction contracts to complete the projects as follows depending on availability of funding: · Phase One: Evelyn · Phase Two: Helen & Theresa · Phase Three: Ross, Woodland & Southwood PROJECT BACKGROUND: The poor condition ofthe aged infrastructure and location of the neighborhood was the basis for inclusion in the CDBG Program. This is an older area of town and is characterized by inadequate underground storm water capacity as well as curb and gutter sections that have sunken, cracked and rolled, resulting in ponding water. This project will result in a design memorandum that will provide the necessary project scopes f or t he eligible streets with details o f t he associated required utility work and complete cost estimates for future phases of this project. This work will be instrumental in assisting with the application process of CDBG funding to complete the necessary construction portion of these projects. This project is being supported by the Moody High School Civic class. PROJECT DESCRIPTION -Area Streets and Drainage Improvements: This proposed project consists of the preliminary design for reconstruction of street pavement to 28-foot back to back pavement, underground storm sewer, curb, gutter, sidewalks and driveways for the following streets: · Phase 1: Evelyn · Phase 2: Helen & Theresa · Phase 3: Southwood, Ross & Woodland and the design, bid and construction documents for Phase 1, Evelyn Street PROJECT DESCRIPTION - Mansheim Area Drainage Improvements: Additional work will include the design and construction phase of underground storm drainage lines to serve the Mansheim Area. This proposal includes a supplement to the original Design Memorandum to investigate additional curb and gutter/drainage problems within this service area. The project will focus on the north half (Sunnybrook side) of each street to improve drainage by replacing curb and gutter and required driveways, sidewalk and pavement. The scope for this project includes the completion of plans and construction documents. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". EXHIBIT "A" Page 2 of 3 FINAL PRODUCT: As funding allows, Design, Bid and Construction Services will result in correcting curb & gutter and drainage problems along the streets bordered by Sunnybrook and the preliminary design Area Street and Drainage Improvements along the following streets: (bounded by Sunnybrook, Evelyn, Gollihar, and Kostoryz) (Project 6169A) · Evelyn · Helen · Theresa · Ross · Woodland · Southwood This current contract will provide for design and construction documents to be completed for Evelyn Street, which is phase one of this project. Additional work will include the rehab of underground storm drainage line in the Mansheim Area at Evelyn Street. EXHIBIT "A" I Page 3 of 3 CONTRACT SUMMARY AREA STREET AND DRAINAGE IMPROVEMENTS MANSHEIM AREA DRAINAGE IMPROVEMENTS 1. SCOPE OF PROJECT: Area Street & Drainage Improvements, Phase 1 (#6169) Mansheim Area Drainage Improvements (#2129) 2a. SCOPE OF PROJECT (Area Street and Drainage Improvements (Project No. 6169)) This project consists of construction of street pavement, underground drainage, curb, gutter, sidewalks, driveways and utility improvements along the following streets (bounded by Sunnybrook, Evelyn, Gollihar, Kostoryz): Phase I Phase 2 Phase 3 Evelyn Helen Southwood Theresa Ross Woodland 2b. SCOPE OF PROJECT (Mansheim Area Drainage Improvements (Project No. 2129)) The initial part (Stage 1 ) of the project was recently completed with the acceptance of this project's Design Memorandum. The Design Memorandum summarized the investigation of curb and gutter from Sunnybrook to McArdle Road on Archer, Blundell, Cheryl, Dodd, Easter, Franklin, and Gabriel. In addition, Mansheim from Ayers Street to Gabriel was investigated to determine possible reconstruction methods. A preliminary drainage study of the area was also performed to develop possible drainage alternatives. The Design Memorandum outlined a six (6) phase project to be constructed over time as funding allows. This proposed amendment provides engineering services to design, bid and construction of Phase 1-A as outlined in the Design Memorandum for Rolled Curb & Gutter Improvements Mansheim Area. Phase I~A is primarily the construction of storm sewer trunk main on Evelyn Street from Gollihar to Sunnybrook and on Sunnybrook from Evelyn towards Ayers. A supplement to the Design Memorandum will be prepared to investigate curb and gutteddrainage problems. The supplemental study area will include: Archer Drive, Dodd Street, Blundell Street, Easter Street Cheryl Street, and Franklin Street from Sunnybrook Road to Mansheim Boulevard. The project will focus on the north half (Sunnybrook side) of each street to improve drainage by replacing curb and gutter and required driveways, sidewalk, and pavement. Proposed improvements could require minor regarding and inlet adjustments along Sunnybrook. The curb & gutter to be designed will be included in the study and will prioritize work with available funds. The A/E scope for this project includes the completion of plan and construction documents. This project will be bid and constructed with Evelyn Street Improvements which is part of the Area Street and Draina~]e Improvements Project (Project #6169). EXHIBIT "B" Page 1 of 6 I 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design and survey services necessary to prepare plans, Construction Bid and Contract Documents, as described in EXHIBITA. In addition, NE will provide monthly status updates (project progress or delays, gantt charts (as requested) presented with monthly invoices) and provide contract administration services, as described in Exhibit A and A-l, to complete the Project. 3a. SCHEDULE (Area Street and Drainage Improvements (Project No. 6169)) PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Stage 1 - Phase 1, 2, & 3 Wednesday February 12, 2003 Begin Preliminary (Phase 1, 2, & 3) Monday March 10, 2003 Submit Design Memorandum Part 1 (Phase 1 ) Thursday March 20, 2003 Public Meeting Monday July 7, 2003 Submit Design Memorandum Part 2 (Phase 2 & 3) Monday July 21, 2003 City Review By Thursday July 31, 2003 Submit Final Design Memorandum Stage 2 - Phase 1 Evelyn Monday March 24, 2003 Begin Design Phase (Phase 1) Monday May 5, 2003 60% Submittal Wednesday May 12, 2003 City Review By Monday June 30, 2003 Final Submittal Monday (2) July 7 & 14, 2003 Advertise for Bids Wednesday July 16, 2003 Pre-Bid Conference Wednesday July 23, 2003 Receive Bids Tuesday September 9, 2003 Award Bid Monday September 29, 2003 Begin Construction Weekday July 26, 2004 Construction Completion Stage 2 TBD TBD Phase 2 and 3 EXHIBIT "B" Page 2 of 6 3b. SCHEDULE (Mansheim Area Drainage Improvements (Project No. 2129)) DAY DATE ACTIVITY STAGE 2 Wednesday February 12, 2003 Begin Supplement to Desitin Memorandum Monday Mamh 10, 2003 Submit Supplement to Desitin Memorandum Thursday Mamh 20, 2003 Public Meeting Monday March 24, 2003 Begin Design Phase Monday May 5, 2003 ~ 60% Submittal Monday May 12, 2003 City Review Completed By Monday June 30, 2003 Final Submittal Monday (2) July 7 & 14, 2003 Advertise for Bids Wednesday July 16, 2003 Pro-Bid Conference Wednesday July 23, 2003 Receive Bids Tuesday September 9, 2003 Award Bid Monday September 29, 2003 Begin Construction Weekday July 26, 2004 Construction Completion Stage 2 is the design, bidding and construction of Phase 1 as recommended in the Stage I Design Memorandum. This project will be a portion of the Area Street and Drainage Improvements (Project No. 6169) and bid as a single project. 4. FEES Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.14, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contracL City will make prompt monthly payments in response to A/E's monthly statements. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the A/E a not-to-exceed fee as per the table below: EXHIBIT "B" Page 3 of 6 C. Summary of Fees Fee for Basic Services - Phase 1, 2, Stage 2- Phase 1 ;-Phases Total Evelyn 1. Preliminary Phase - All Streets a. CDBG $20,008 $20,008 b. Water $5,904 $5,904 c. Waste Water $6,888 $6,888 Total Preliminary Phase: $32,800 ............. $32,800 2. Design Phase a. CDBG $27,572 $27,572 b. Water $8,136 $8,136 c. Waste Water $9,492 $9,492 Total Design Phase: $45,200 TBD $45,200 3. Bid Phase a. CDBG $1,281 $1,281 b. Water $378 $378 c. Waste Water $441 $441 Total Bid Phase: $2,100 TBD $2,100 4. Construction Phase a. CDBG $3,660 $3,660 b. Water $1,080 $1,080 c. Waste Water $1,260 $1,260 Total Construction Phase: $6,000 TBD $6,000 Subtotal Basic Services Fees a. CDBG $20,008 $32,513 $52,521 b. Water $5,904 $9,594 $15,498 c. Waste Water $6~888 $11,193 $18,081 Total Basic Services: $32,800 $53,300 TBD $86,100 Fee for Additional Services (Allowance) 1. ROW Acquisition Survey $1,900 ....... TBD $1,900 (CDBG) 2. Topographic Survey (AUTHORIZED) a. CDBG $7,564 $7,564 b. Water $2,232 $2,232 c. Waste Water $2,604 $2,604 Total Topographic Survey: $12,400 ....... TBD $12,400 3. Permit Preparation (as applicable) a. NPDES Permit (SWPPP) ....... $1,000 TBD $1,000 (CDBe) b. Texas Department of License ....... and Regulation (CDBG) $2,000 TBD $2,000 Total Permitting (CDBG): ....... $3,000 TBD $3,000 EXHIBIT "B" Page 4 of 6 4. Construction Observation Services a. CDBG $9,760 $9,760 b. Water $2,880 $2,880 c. Waste Water $3,360 $3,360 Total Construction Observation ....... $16,000 TBD $16,000 Services: 5. Warranty Phase a. CDBG $610 $610 b. Water $180 $180 c. Waste Water $210 $210 Total Warranty Phase: ..... $1,000 TBD $1,000 6. Traffic Control Plan a. CDBG $1,098 $1,098 b. Water $324 $324 c. Waste Water $378 $378 Total Traffic Control Plan: .... $1,800 TBD $1,800 Subtotal Additional Services Fees Authorized a. CDBG $9,464 $14,468 $23,932 b. Water $2,232 $3,384 $5,616 c. Waste Water ~2,604 $3,948 $6,552 Total Additional Services: $14,300 $21,800 TBD $36,100 Total Authorized Fee a. CDBG $29,472 $46,981 $76,453 b. Water $8,136 $12,978 $21,114 c. Waste Water $9,492 ~15~141 ~24T633 Total Authorized Fee: $47,100 $75,100 TBD $122,200 1. Phases 2 and 3 will be determined when funds become available. TBD - To Be Determined EXHIBIT "B" Page 5 of 6 C. SUMMARY OF FEES REVISED SUMMARY OF FEES AMENDMENT NO. 1 Fee for Basic Services Original Contract Stage 1 Amend. No 1 Phase 1-A CDBG Amend. No 1 Rolled Curb/Gutter Storm Water TOTAL AMENDMENT NO. 1 Revised Contract Amount 1. Preliminary Phase $ 17,615 $ 0 $ 4,000 $ 4,000 $ 21,615 2. Design Phase TBD $ 23,000 $ 16,000 $ 39,000 $ 39,000 3. Bid Phase TBD $ 1,900 $ 200 $ 2,100 -'$-2, 100 4. Construction Phase TBD $ 7,000 $ 1,000 $ 8,000 $ 8,000 Subtotal Basic Services Fees $ 17,615 $ 31,900 $ 21,200 $ 53,000 $ 70,715 Fee for Additional Services Allowance 1. A. Topographic Survey (Stage 1 - Authorized) B. Topographic Survey (Stage 2) Phase 1-A CDBG C. Topographic Survey (Stage 2) Rolled Curb & Gutter, Storm Water $ 4,360 $ $ 0 3,800 $ $ $ 0 0 6,000 $ $ $ 0 3,800 6,000 $ $ $ 4,400 3,800 6,000 2. Traffic Control ----- $ 2,300 0 $ 2,300 2,300 3. Construction Observation Services TBD $ 12,000 $ 9,000 $ 21,000 $ 21,000 4. Warranty Phase TBD $ 1,000 0 $ 1,000 1,000 Subtotal Additional Services Fees Authorized $ 4,360 $ 19,100 $ 15,000 $ 34,100 $ 38,460 Total Authorized Fee $ 21,975 $ 51,000 $ 36,200 87,200 109,175 For Additional Services Item 3. Construction Observation Services, the Engineer shall perform construction observation services, if authorized, to include intermittent site visits not to exceed an average of 10 hours per week for a four (4) month construction period. TOTAL AMENDMENT NO 1. $87,200 bm x 0 o ., o, i Attachment No. 2 Page 1 of 1 11 H:\Mproject\gxh6169-2129.dwg AYERS ½11111tllll ::!I~!1::~''''''' ~ , IIIlllllllllllF:q[~ /'llllllllll 1 AYER$ I I1111 I~ ~'llll'l.llJlI.H PRO~ECT # 616912129 AREA STREET DRAINAGE IMPROVEMENTS CITY OF CORPUS CHRISTI ~ EXHIBIT 'C' CITY COUNCIL EXHIBIT ~ DE~R~ENT OF ~GINEERING S~C~ PAGE: I of 2 ~.-- ~: 02/06/2003 ~ H: \Mproject \ Lxh6169--2 i 29.dwg AYER$ 1~1tl I I I I t I I I ~:~ ~::::~ t11111III .. t--t~-t AYERS t:lll H' I I'111 III I IIII PROJECT # 616912129 MANSHIEM AREA DRAINAGE IMPROVEMENTS CITY OF CORPUS CHRISTI ISOUTHWO0~ ~ EXHZBZT 'C" C_TTY COUNC_TL EXHIB_TT ~ DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 ol= 2 DATE: 02/06/2005 ~ 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 11, 2003 AGENDA ITEM: A. Ordinance appropriating $1,500,000 from the unappropriated fund balance of the No. 4050 Choke Canyon Dam Maintenance Reserve Fund into the No 4080 Water Capital Improvement Fund for maintenance of the Choke Canyon Dam, as required by the Bureau of Reclamation; amending Ordinance 024730, as previously amended, which approved the FY 2002-03 Capital Budget, by increasing the amount approved by $1,500,000; and declaring an emergency. B. Motion authorizing the City Manager, or his designee, to execute a consultant contract with Freese and Nichols in the amount of $181,582 for the Choke Canyon Dam Improvements as follows: 1. River Outlet Works Repair (Project #8407) 2. Site Improvements a. Trash Rack Repair (Project #8408) b. High Level Alarm (Project #8409) 3. Spillway Radial Gates Repair (Project #8411) ISSUE: An engineering contract is necessary to prepare construction plans, specifications, bid and contract documents for necessary maintenance and safety improvements to the Choke Canyon Dam structure as per Bureau of Reclamation requirements. FUNDING: Funding for this project is available in the Choke Canyon Dam Maintenance Reserve Fund. CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended to award a consultant contract to begin design services. Eduardo Gar~a Director of Water Services ~_---ZAngel R. Escobar, P. E., Director of Engineering Services Attachments: Exhibit "A" Background Exhibit"B" Contract Summary Exhibit"C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Choke Canyon Dam Improvements as follows: 1. River Outlet Works Repair (Project #8407) 2. Site Improvements a. Trash Rack Repair (Project #8408) b. High Level Alarm (Project #8409) 3. Spillway Radial Gates Repair (Project #8411 ) PRIOR COUNCIL ACTION: December 17, 2002 -Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects)to 42 engineering firms (28 local and 14 out-of-town). March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: 1. Approval of stage two design services to complete design, bid and construction documents for: Part One: River Outlet Works Repairs Part Two: Site Improvements 2. Approval of stage one and two design services to complete: Part Three: Spillway Radial Gates Repair 3. Approval of two construction contracts to complete the subject projects. EXHIBIT "A" Page 1 of 2 PROJECT BACKGROUND: The Choke Canyon Dam facility requires maintenance and site improvements to maintain the facility as per Bureau of Reclamation specifications. As owner of the Dam, the Bureau of Reclamation regularly inspects the structure for potential problems and necessary maintenance requirements. Past inspections have revealed that cavitation problems have developed in the Choke Canyon Dam outlet structure resulting in damage to the concrete floor. The City has been requested to perform maintenance to the structure to correct potential problems and install a high level alarm as a preventative safety measure. PROJECT DESCRIPTION - River Outlet Work Repair: This proposed project consists of the re-evaluation and necessary design for the repair of damaged concrete in the river outlet works chute and stilling basins to eliminate the re-occurrence of damage. Additionally, the project would provide for the design and repair of corrosion on 99-inch steel outlet works pipe and the 20-inch bypass pipe at the jet flow gate. PROJECT DESCRIPTION - Site Improvements: This project will include rehabilitation and/or replacement of the metal trash racks and cathodic protection to minimize future corrosion. Additionally, a high water alarm will be installed in the outlet works conduit with all necessary monitoring equipment to provide for SCADA reporting of alarms to Wesley Seale Dam Site. Coatings and surface corrosion will be repaired on the gated spillway gate hoists, stoplog dewatering system, and stoplog slots. A buoy line will be added to the spillway. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". FINAL PRODUCT: Design, Bid and Construction Services will result in correcting deficiencies at the Choke Canyon Dam and compliance with Bureau of Reclamation guidelines and requirements. EXHIBIT "A" Page 2 of 2 CONTRACT SUMMARY CHOKE CANYON DAM IMPROVEMENTS 1. SCOPE OF PROJECT (Choke Canyon Dam) PART 1: River Outlet Works Repair (Project No. 8407) - This project consists of the re- evaluation and if required, the design for the repair of damaged concrete in the river outlet works chute and stilling basins to eliminate the re-occurrence of damage as per Bureau of Reclamation guidelines. Additionally, the project would provide for the design and repair of corrosion on 99-inch steel outlet works pipe and the 20-inch bypass pipe at the jet flow gate. PART 2: Site Improvements-Trash Rack Repair {Project No. 8408) and Hi.qh Level Alarm Installation (Project No. 8409) - The Choke Canyon Dam facility requires site improvements to maintain the facility. This project will include rehabilitation and/or replacements of the metal trash racks and cathodic protection to minimize future corrosion. Additionally, a high water alarm will be installed in the outlet works conduit with all necessary monitoring equipment to provide for SCADA reporting of alarms to Wesley Seale Dam Site. Coatings and surface corrosion with be repaired on the gated spillway gate hoists, stoplog dewatering system, and stoplog slots. A buoy line will be added to the spillway. PART 3: Spillway Radial Gates Repair (Project No. 8411 ) - This project will rehabilitate coatings on the eight (8) spillway radial gates and appurtenant items, including the hoist rope connectors. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design and survey services necessary to prepare plans, Construction Bid and Contract Documents, as described in EXHIBITA. In addition, NE will provide monthly status updates (project progress or delays, gantt charts (as requested) presented with monthly invoices) and provide contract administration services, as described in Exhibit A and A-l, to complete the Project. EXHIBIT "B" I Page 1 of 3 3 SCHEDULE PART 1: RIVER OUTLET WORKS REPAJR (PROJECT NO. 8407) PART 2: SITE IMPROVEMENTS - TRASH RACK REPAIR (PROJECT NO. 8408) AND HIGH LEVEL ALARM INSTALLATION (PROJECT NO. 8409) STAGE 1: PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday February 1, 2003 Begin Preliminary Phase Tuesday April 30, 2003 Complete Field Work Wednesday May 30, 2003 Submit Draft Design Memorandum Wednesday June 2003 Approve Design Memorandum PART 3: SPILLWAY RADIAL GATES REPAIR (PROJECT NO. 8411) TO BE DETERMINED 3. FEES A. Fee for Basic Services. The City will pay the Consultant Engineer a fixed fee for providing for alt "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1, Consultant Engineer will submit monthly statements for basic services rendered. In Section I.A.1, the statement will be based upon Consultant Engineer's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to Consultant Engineer's monthly statements. IEXHIBIT "B" Page 2 of 3 Summary of Fees PART 1: River Outlet Works Repair (Project No. 8407) SECTION A: Fee for Basic Services 1. Preliminary Phase $28,990 2. Design Phase TBD 3. Bid Phase TBD 4. Construction Phase TBD Subtotal Basic Services Fees $28,990 SECTION B. Fee for Additional Services 1. Topographic and structural surveys $22,473 2. Flood Damage Assessment $17,744 3. Hydraulic Modeling $55,222 4. Corrosion Field Investigation and Testing $9,184 Sub-Total Additional Services Fees Authorized $104,623 Total Authorized Fee $133,613 PART T~NO: Site Improvements - Trash Rack Repair (Project No. 8408) and High Level Alarm Installation (Project No. 8409) Section A. Fee for Basic Services 1. Preliminary Phase $22,539 2. Design Phase TBD 3. Bid Phase TBD 4. Construction Phase TBD Subtotal Basic Services Fees $22,539 Section B. Fee for Additional Services 4. Corrosion Field Investigation and Testing $12,214 5. Underwater Topographic Study $13,216 Sub-Total Additional Services Fees Authorized $25,430 Total Authorized Fee $47,969 TOTAL FEE PART 1 AND PART TWO: $181,582 EXHIBIT "B" Page 3 of 3 File : \ tdproject \ councilexhiblts \ exh840 7,8408,8409,8411.dwg N LAKE TEXANA CHOKE CANYON RESERVOIR THREE RIVERS 59 59 / / / / / SEADRIFT GTON GEORGE WES]' LAKE CORPUS CHRISTI WESL~ S~LE DAM c~ NUECES -- RIVER MATHIS ON STEVENS WATER PLANT CORPUS CHRZSTI 7-~ MARY RHODES PIPELINE ~OODS8ORO LOCATION MAP NOT TO SCALE PROJECT NO. 8407, 8408, 8409, 8411 EXHIBIT "C" CHOKE CANYON DAN RIVER OUTLET WORKS REPAIR CHOKE CANYON DAM- SITE IMPROVEMENTS CHOKE CANYON DAM- SPILLWAY RADIAL GATES REPAIR CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 02-06-2003 ORDINANCE APPROPRIATING $1,500,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE NO. 4050 CHOKE CANYON DAM MAINTENANCE RESERVE FUND INTO THE NO. 4080 WATER CAPITAL IMPROVEMENT FUND FOR MAINTENANCE OF THE CHOKE CANYON DAM, AS REQUIRED BY THE BUREAU OF RECLAMATION; AMENDING ORDINANCE 024730, AS PREVIOUSLY AMENDED, WHICH APPROVED THE FY 2002-03 CAPITAL BUDGET, BY INCREASING THE AMOUNT APPROVED BY $1,500,000; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,500,000 from the unappropriated fund balance of the No. 4050 Choke Canyon Dam Maintenance Reserve Fund is appropriated into the No. 4080 Water Capital Improvement Fund for maintenance of the Choke Canyon Dam, as required by the Bureau Of Reclamation. SECTION 2. That Ordinance 024730, as previously amended, which approved the FY 2002-03 Capital Budget, by increasing the amount approved by $1,500,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need fol' immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 5th day of February, 2003: James R. Bray, Jr. City Attorney R./J~y/Rein~g Actin{] City Attorney Samuel L. Neal, Jr. Mayor R30906A2.doc 2 Corpus Christi, Texas day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. NeaI, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott R30906A2.doc 10 AGENDA MEMORANDUM February 11, 2003 SUBJECT: McArdle Road Street Imps, Phase 3, Everhart Road to Holmes Drive (#6146) - Bond Issue 2000, Project No. C-6 - Parcel 12 AGENDA ITEM: Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with Gilbert Arispe and wife, Frances Arispe, in the amount of $57,800 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purchase of fee simple property rights for Parcel 12, being all of Lot 1, Block 6, Mount Vernon Subdivision Unit 2, with street address of 4902 Lansdown, necessary for the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. ISSUE: The McArdle Road Street Improvement project was approved by the voters in the November 7,2000 referendum. Acquisition of sixteen (16) residential properties are needed for the reconstruction and widening of a section of McArdle Road, along the south right of way line, between Everhart Road and Holmes Drive. Staff has negotiated for the acquisition of Parcel 12 and has obtained a signed Real Estate Sales Contract from the owners. Relocation assistance benefits for displaced homeowners and tenants are also required by City Council Resolution No. 11809 and will be paid separately as these expenses accrue. This is the final parcel required for this project. REQUIRED COUNCIL ACTION: Contracts in excess of $25,000 require City Council approval. FUNDS: Funding available in the FY 01-02 Capital Improvement Budget RECOMMENDATION: Approval of the motion as presented. ~/~,n~el R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Council Exhibit (Parcel Location) Contract Summary H:~FIOME\EUSEBIOG\GEN~Agenda Items\McArdle Rd. St. Imps.arispe.contract~Agenda 1.doc BACKGROUND INFORMATION SUBJECT: McArdle Road Street Imps. (#6146), Phase 3, Everhart to Holmes Drive Bond Issue 2000, Project No. C-6 Parcel 12 PRIOR COUNCIL ACTION: November 14, 2000 - Ordinance canvassing retums and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adopting and levying a sales and use tax pursuant to Section 4A of the The Development Corporation Act as approved by the voters in Propositions 4 and 5. (Ordinance No. 024269) March 27, 2001 - Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $229,195 with Govind and Associates, Inc. for the Street Improvements at McArdle Road, Phase 3 from Everhart Road to Holmes Drive. (Motion No. M2001-124) February 26, 2002 - Motion authorizing the City Manager or his designee to execute a contract amendment granting permission for Govind E.C. to assume all the obligations and duties of engineering contracts between the City of Corpus Christi and Govind & Associates, Inc. (Motion No. M2002-059) August 20, 2002 - Motion authorizing the City Manager or his designee to execute Real Estate Sales Contracts with Jesse David Bebout,Jr. for Parcel 3, Irma Noemi Garcia for Parcel 4, Mary Pe~a for Parcel 5, Benjamin De La Rosa and wife, Eunice De La Rosa for Parcel 6, Anita Carrol Frees-Foster for Parcel 7, Becky Fair for Parcel 13, Richard T. Lopinto and wife, Gwen F. Lopinto for Parcel 14, Juan Ledesma and wife, Dahlia Ledesma for Parcel 15, all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. M2002-268) August 27, 2002 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Virginia Gonzalez in the amount of $ 58,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance for Parcel 10, all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2002-271) September 17, 2002 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Cheryl L. Flores in the amount of $ 56,000 plus $1,500 in closing costs and an additional amount not to exceed $5,250 for relocation assistance for Parcel 16 and with Hesiquio Rodriguez and wife Eva Maria Exhibit A Rodriguez in the amount of $82,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance, all necessary for the McArdle Road Street improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2002-212 & 2002- 213) September 24, 2002 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Adan Martinez and wife Maria Martinez in the amount of $ 62,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance for Parcel 9 and with Eric Barnes and wife, Maria Barnes in the amount of $67,000 plus $1,500 in closing costs and an additional amount not to exceed $5,250 for tenant relocation assistance, all necessary for the McArdle Road Street Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2002-324) November 12, 2002 - Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with Gus Montis, in the amount of $121,500 plus $1,500 in closing costs and an additional amount not to exceed $10,000 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement business property, all for the purchase of fee simple property rights for Parcel 2, being all of Lot 12, Block 1, Mount Vernon Subdivision, with street address of 4902 Everhart Road, necessary for the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2002-373) November 19, 2002 (A) Public Hearing pursuant to Texas Parks and Wildlife Code, Chapter 26, to determine the feasibility of dedicating a .2428 acre strip of land from parkland known as Mount Vernon Park, necessary for a Right-of-Way Easement In connection with the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6. (B) Ordinance authorizing a Right-of Way Easement to the public for dedication of right-of-way through parkland known as Mount Vernon Park necessary for the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6, and declaring an emergency. (Ordinance No. 025113) (C) Public Hearing pursuant to Texas Parks and Wildlife Code, Chapter 26, to determine the feasibility of dedicating a .0337 acre strip of land from parkland known as Lions Park, necessary for a Right-of-Way Easement in connection with the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6. Exhibit A 10. 11. (D) Ordinance authorizing a Right-of-Way Easement to the public for dedication of right-of-way through parkland known as Lions Park necessary for the McArdle Road Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6, and declaring an emergency. (Ordinance No. 025114) January 14, 2003 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Gloria Justus, in the amount of $53,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for the relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling all for the purchase of fee simple property rights for Parcel 8, being all of Lot 13, Block 4, Mount Vernon Subdivision, with a street address of 4902 Waltham, necessary for the McArdle Road Street Improvement Project, Phase 3, Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. 2003-015) January 14, 2003 - Resolution authorizing condemnation proceedings by the City to condemn fee simple title to Parcel 12, being all Lot 1, Block 6, Mount Vernon Subdivision Unit 2, from the owners, Gilbert Arispe, and wife, Frances Arispe and recognizing the public necessity of acquiring the property for the construction of street and utility improvements in connection with the McArdle Road Street Improvement Project, Phase 3, Bond Issue 2000, Project C-6, and for other municipal purposes. (Resolution No. 025155) FUTURE COUNCIL ACTION: Council action will be required to authorize the award of future construction contracts and amendments. OVERVIEW: Backqround: On November 7, 2000, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community. This Bond Issue 2000 package included $30.8 million in projects of various kinds. The McArdle Street Improvement Project, Bond Issue Project No. C- 6, was included in this package. This project involves reconstruction and widening 2800 linear feet of McArdle Road from Everhart Road to Holmes Drive as shown on Exhibit B. This street improvement project also involves the removal of all existing curbs and gutters, driveways, sidewalks and the construction of a new street, 67 feet wide, to accommodate two moving lanes in each direction and a center left turn lane. Sidewalks and intersection ramps will comply with ADA requirements. The installation of an additional storm sewer line, water line, street lighting and other appurtenances are also included. Acquisition: In order to facilitate the proposed improvements and accommodate the wider roadway, the complete acquisition of approximately 16 residential properties is required along the south right of way line of McArdle Road. Prior to negotiations, Exhibit A the parcels were appraised separately by John A. Erickson, SP, A and Marion F. Curington, ASA, both independent contract appraisers. This property is located at the southeast corner of McArdle Road and Lansdown Drive as shown on Exhibit B. The appraised value of $53,800 was offered to Mr. and Mrs. Arispe and was initially rejected. The Arispe's stated that they were some of the original residents of the neighborhood and that they did not want to move at any price. City staff continued to meet with them to negotiate and explain the benefits available to them, with no success. After negotiations reached an impasse, City staff recommended eminent domain and was awarded approval by City Council on January 14, 2003. Shortly thereafter, staff was contacted by the Arispe's to resume negotiations. After meeting with them, City staff presented a final offer of $57,800 along with the other relocation benefits available to them. The Arispe accepted the City's offer and signed a Real Estate Sales Contract. Summarized on Exhibit C. This is the final parcel required for this project. Upon approval by Council, this contract will be escrowed at Stewart Title Company. Relocation Benefits: On November 28, 1983, the City Council approved Resolution No. 11809 which adopted the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. This resolution establishes the policy for relocation of homeowners, tenants and businesses, which are displaced as a result of a City project. Persons occupying the subject property a minimum of 90 days prior to the initial offer qualify for assistance. In addition, the displaced person must be give a minimum of 90 days to move out after replacement housing is found. A one year time limit is given to obtain replacement housing. Monetary limits for relocation assistance are set by federal guidelines. A maximum of $22,500 is available for homeowners, $20,000 for businesses and $5,250 for tenants which would cover moving expenses and purchase assistance for replacement housing. For moving expenses, the displaced person would choose between a self-move or one provided by an independent moving company. Payment for a self-move would be based on a payment schedule dependent on the number of rooms in the home or rooms of furniture to be moved. Purchase assistance would involve purchase price differential, mortgage interest differential, and incidental expenses involved in a replacement home. The purchase price differential is the difference between the sales price of the home and the cost of a comparable replacement home. The mortgage interest differential is the amount needed to cover increased mortgage costs due to a higher interest rate and other debt service costs. The incidental expenses reimbursement would cover those extra costs involved in purchasing replacement housing such as closing costs, inspection fees, appraisal fees, and loan costs. \\CLSTR1 USERS2 SERVER\USERS2\HOME\EUSEBIOG\GEN~Agenda Items\McArdle Rd. St. Imps.arispe.contract\Backgrol.doc Exhibit A File : \Mproject \landacqexhibits~exh6146.dwg 12 '~'~_~/~ ~ ~'~.~/~ PROJECT LOCATION LOCATION ~P NOT TO SCALE VICINITY ~P CITY PROJECT No, 6146 NOT TO SC~ EXHIBIT "B" CITY COUNCIL EXHIBIT ~ ~C~DLE RD. STREET [BPROVEMENTS - P~SE 3 DEPARTMENT OF ENGINEERING SERVICES '02s P~CEL ~ 12 6~LBERT & F~CES ~ZSPE PAGE: I of 1 CI~ OF CORPUS CHRISTI, TEXAS DATE: 01-30-2003 ~ CONTRACT SUMMARY Project #6146: McArdle Road Street Improvements, Phase 3 (Everhart to Holmes) Parcel 12 This Contract is entered into by Gilbert Arispe and wife Frances Arispe, of 4902 Lansdown, Corpus Christi, Nueces County, Texas 78411, "SELLER", Collectively, and the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277, "BUYER" Terms: 1. Seller for the consideration and under the terms set out in the contract, agrees to convey to Buyer the following described property: Mount Vernon Subdivision, Block 6, Lot 1 (4902 Lansdown) 2. Purchase Price - $57,800 3. Seller to provide title insurance at Buyer's expense. Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed. All taxes to be paid by Seller, up to and including 2002. Taxes for 2003 will be prorated between Buyer and Seller. Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. Transaction to be closed on or before 90 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council and signed by the City Manager within 60 days of the contract date. 10. 11. 12. H:\HOME\EUSEBIOG\GEN~Agenda Items\McArdle Rd. St. Imps.arispe.contract\Contracl.doc The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. Acquisition is under the threat of eminent domain proceedings. Seller agrees to vacate the premises within 60 days from the date of the Contract. Time is of the essence in closing this transaction. Exhibit C 11 AGENDA MEMORANDUM February 11, 2003 SUBJECT: Sale of Surplus Property - 0.052 Acres (2,249.64 sq. ft.) out of Lot 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts AGENDA ITEM: Ordinance approving the sale of surplus property consisting of 2,249.64 square feet (0.052 ac.) of vacant land out of Lot 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts located west of the Compton Road and First National Boulevard intersection in Flour Bluff and authorizing the City Manager or his designee to execute a Special Warranty Deed to the adjacent property owner, CCSemloh Partnership, Ltd., for the market value of $500, and declaring an emergency. ISSUE: The City purchased several parcels of right-of-way for the O'Neill-Compton Connection Street project in 1980. This surplus property is an unused remainder from that project and is not needed for any future street purposes. The small size of this tract makes it unsuitable for building and can be used in conjunction with another adjacent property. Mr. Bill Holmes, Jr., Vice President of Gulf Coast Marine and General Partner for CCSemloh Partnership, Ltd., has approached City staff concerning the purchase of this property which is located adjacent to their business in Flour Bluff. The intention of the new owners is to use this property as an exit-only driveway from their property onto Compton Road. The owners will be required to obtain a driveway permit issued by Traffic Engineering prior to construction. Council approval is required involving the sale of all surplus real property. FUNDING: No funding is required for this ordinance. RECOMMENDATION: Approval of the ordinance as presented. · ~'el R Escobar, P E ' ' Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Location Map Exhibit C. Parcel Map Exhibit D. Ordinance H:\HOME\EUSEBIOG\GEN~Agenda Items\Compton Rd Surplus Property Sale,Agenda Memorandum.doc BACKGROUNDINFORMATION SUBJECT: Sale of Surplus Property - 0.052 Acres (2,249.64 sq. ft.) out of Lot 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts PRIOR COUNCIL ACTION: 1. April 23, 1980 - Authorizing execution of an agreement with First National Bank of Flour Bluff whereby the City will acquire an off-site drainage easement south of Compton Road in the Laguna Business Center and the bank will reimburse the City for said acquisition. (Ordinance No. 15494). 2. November 10, 1982 - Authorization for eminent domain proceedings by the City to condemn fee title to a parcel of land for the Laguna Business Center Offsite Drainage project and to acquire said parcel from the owners, John Welsh Ill, et al. (Ordinance No. 17358). 3. May 16, 1989 - Motion authorizing fee acquisition of street and drainage right of way located west of Waldron road between Compton and Graham Roads at a cost of $30,000 from N.J. Welsh III, et al, for the O'Neill/Compton Connection project. (Motion No. M89-0128). OVERVIEW: The O'Neill/Compton connection project was implemented in 1980 to realign Compton Road to connect to O'Neill Street and Flour Bluff Drive as well as alleviate some of the drainage problems in the area. On April 23, 1980, the City Council authorized City staff to secure off-site drainage right-of-way from N.J. Welsh III, et al, in conjunction with development of the Laguna Business Center. Negotiations were unsuccessful and condemnation was approved on November 10, 1982. The developer of Laguna Business Center, First National Bank of Flour Bluff, requested the City to hold off indefinitely on the condemnation so that the bank could pursue negotiations for the right-of-way with Mr. Welsh. Subsequently, the council approved alignment of the O'Neill/Compton connection requiring the acquisition of street right of way and drainage from the Welsh Tract. As a consequence, the issue of the Laguna Business Center drainage became part of the negotiations. An agreement was reached between the City, the Bank, and the Welsh family. The agreement resolved the drainage problem and also provided the right of way needed for the O'Neill/Compton connection. On May 16, 1989 the City Council passed a motion authorizing the City to purchase 1.0696 acres of street and drainage right-of-way from the Welsh's. Included in this acquisition was a triangular shaped tract containing 2,249.64-sq. ft. (0.052 acres) which was severed from the parent tract. PROPERTY INFORMATION: The subject surplus property is located west of the First National Bank Boulevard and Compton Road intersection as shown on the attached Exhibit B. This tract is considered non-buildable and is not needed for any future street purposes or other City uses. Exhibit A The adjacent landowner, Mr. Bill Holmes of CCSemloh Partnership, LP, has contacted the City and has requested to purchase the property. Mr. Holmes plans to use this remainder for exit-driveway purposes in connection with a structure he plans to build. Traffic Engineering is in agreement with the sale of this property and requires a driveway permit upon construction of the exit driveway. Because of the small size and configuration of this property, it is considered a non- economic remnant. As permitted by the Texas Local Government Code, Chapter 272, and Section 272.001(b)(1 ) properties of this type can be sold to the adjacent landowner without bidding requirements. A fair market value of $500 was determined by City staff based on its size, configuration, and minimal utility. Sale of this property is recommended to efiminate any maintenance and mowing responsibility by the City. H:\HOME\EUSEBIOG\GEN~Agenda Items\Compton Rd. Surplus Properly Sale\Background Information.doc Exhibit A NOT TO SCALE N VICINITY MAP NOT TO SCALE EXHIBIT B CO/tPTON RD SURPLUS PROPERTY CITY OF' CORPUS CHRISTI, TEXAS CZTY COUNC_rL EXHZBZT DEPARTMENT OF' ENGINEERING SERVICES PAGE: I of 1 DATE: 12-09-2002 N --. / LoT / / / POINT OF I 8£GINNING / VOL.$O, EcTION 48 40 R= 452. 18' T= 5.82' D= L= II.65' ~ TIONS RIGHT--OF--WAY ACQUISmON. O'NEILL-- COMPTON CONNECTION, PARCEl_ 2B, AS RECORDED IN VOLUME 2~72, PADS lOOg, OF THE DEED RECORDS OF NUECE$ COUNTY, TEXAS. 0 Scale In Feet SURPLUS PROPERTY DISPOSAL BEING A TRACT OF LAND CONTAfNING 0.052 ACRES (2,249.64 SC/, Ft.) OF [.,~VD, OUT OF LOT 1'1, SECTION 48, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS AS RECORDED IN VOLUME A, PAGES 41-#J OF THE MAP RECORDS OF NUECES COUNT~, TEXAS. CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Seryices Survey -"Spedal Warranty De~:l" AN ORDINANCE APPROVING THE SALE OF SURPLUS CITY PROPERTY CONSISTING OF 2,249.64 SQ. FT. (0.052 AC.) OF VACANT LAND OUT OF LOT Il, SECTION 48, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, LOCATED WEST OF THE COMPTON ROAD AND FIRST NATIONAL BOULEVARD INTERSECTION 1N FLOUR BLUFF AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A SPECIAL WARRANTY DEED TO THE ADJACENT PROPERTY OWNER, CC SEMLOH PARTNERSHIP, LTD, FOR THE MARKET VALUE OF $500.00; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a Special Warranty Deed for the sale of surplus City property, described as 2,249.64 sq. fi. (0.052 ac.) out of Lot 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located west of Compton Road, to the adjacent property owner, CC Semloh Partnership, Ltd., for the market value of $500.00. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 11th day of February, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary, Samuel L. Neal, Jr. Mayor Approved ]~r G-,,~.-0 O' By: Josep~Y Assistant City Attorney' For City, Attorney 2003. 12 CITY COUNCIL AGENDA MEMORANDUM DATE: February 5, 2003 AGENDA ITEM: a. Ordinance abandoning and vacating 300-square foot portion of a 5-foot wide, utility easement out of Tract 8, Oakhurst Plaza; requiring the owner, Oakhurst LTD, a Texas limited partnership, to comply with the specified conditions and replat the property within 180 days at owner's expense; establishing a fee of $1.500. and other specified conditions; and declaring an emergency. b. Ordinance abandoning and vacating 1,605.10-square foot portion of a 5-foot wide, utility easement out of Tract 8, Oakhurst Plaza; requiring the owner, Oakhurst LTD, a Texas limited partnership, to comply with the specified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. c. Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with Oakhurst LTD, a Texas limited partnership, for the right to construct, operate, maintain, and remove a 2.87' wide x 60' long building extension with the Outback Steakhouse Restaurant, over public street right-of-way adjacent to the existing building located at 4221 South Padre Island Drive; establishing a fee of $ 2,080, and other specified conditions; and declaring an emergency. ISSUE: Bass & Welsh Engineering, on behalf of Oakhurst LTD, has submitted a request for the City to authorize use of public street right-of-way to construct an enclosed patio building extension to the existing Outback Steakhouse Restaurant located on South Padre Island Drive. The construction of the building extension will be encroaching on an existing 5-foot wide utility easement and will also neccessitates the vacating and abandonment of the easements. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. City Charter requires City Council approval for use of any portion of public right-of-way for private purposes. RECOMMENDATION: Staff recommends approval of the ordinance as presented. / Art Sosa Director of Engineering Services Acting Director of Development Services Attachments: Exhibit A - Background Exhibit B - Ordinance Exhibit C - Site Location Map, Building Elevations AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Bass & Welsh Engineering, Inc., on behalf of Oakhurst LTD, a Texas limited partnership, and the Outback Steakhouse Restaurant, has requested the vacating and abandonment of a 5-foot wide utility easement and a Use Privilege Agreement (UPA) from the City to construct an enclosed patio building extension to the existing restaurant located at 4221 South Padre Island Drive. The Outback Restaurant is constructing an enclosed patio extension to the existing building and will be encroaching into an existing 5-foot wide utility easement and a portion of the Oakhurst Drive public right- of-way. They are requesting to close a 300-square foot portion of the utility easement (Pamel A) at their expense along with an additional 1,605.10-square foot portion of utility easement (Parcels B,C, & D) that the City will initiate. See Exhibit C1 - Vacating and Abandonment of Easement, Site Location Map and Utility Easements, Parcels A, B, C, & D. Proposed Building Extension. The enclosed patio addition will extend 2.87-feet into the public street right-of-way and adjacent to the existing concrete sidewalk. The vertical clearance (lowest part of the building's roof overhang) will be a minimum 9' from the surface of the sidewalk. The proposed building addition will occupy a total of approximately 172 square feet of street right-of-way. Exhibit C2 - Use Privilege Agreement, Site Location, Partial Elevation Section (shows the profile view of the proposed building extension). Oakhurst LTD and the Outback Steakhouse Restaurant will own the building extension and all improvements, and will be held solely responsible for all operation, maintenance, and removal of the improvements. An Engineering Permit will be required for any future repairs to the building extension, described in this Use Privilege Agreement (UPA). All City and private franchised utilities were contacted regarding this easement abandonment and UPA request. CPL and Southwestern Bell had no objections to the request but will seek reimbursement if adjustments to their facilities become necessary. Wastewater Department is requiring that the sanitary sewer serving the Outback Steakhouse Restaurant become a private line to be maintained by property owner. None of the other depadments had any objections, provided the applicant meets the specified conditions set out in the agenda requirements and UPA. Staff recommends payment of the fair market value of ~'1,5(~0,0~ for the abandonment and vacation of a 300-square foot portion of the utility easement. The City will be initiating the vacating and abandonment of a 1,605.1 O-square foot portion of the utility easement. Replatting of the entire 1905.10- square foot utility easement will be done at owner's expense. A one-time fee of $2.080.00 is being recommended by city staff for the UPA. Owner is to pay a total of $,~,,~80.Q(~ for both easement abandonment and vacation and Use Privilege Agreement fees. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation and the specified conditions of the UPA. EXHIBIT A AN ORDINANCE ABANDONING AND VACATING A 300-SQUARE FOOT PORTION OF A FIVE (5) FOOT WIDE UTILITY EASEMENT OUT OF TRACT 8, OAKHURST PLAZA; REQUIRING THE OWNER, OAKHURST LTD, A TEXAS LIMITED PARTNERSHIP, TO COMPLY WITH THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; ESTABLISHING A FEE OF $1,500; AND DECLARING AN EMERGENCY. WHEREAS, there is a 300-square foot portion of a 5-foot wide utility easement out of Tract 8, Oakhurst Plaza as recorded in Volume 59, Pages 7&8, Map Records Nueces County, Texas, that the owner, Oakhurst Ltd., a Texas limited partnership, (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 300-square foot portion of a 5-foot wide utility easement out of Tract 8, Oakhurst Plaza, as recorded in Volume 59, Pages 7&8, Map Records Nueces County, Texas is abandoned and vacated for public use as a utility easement, subject to Owner's compliance xvith the following specified conditions as part of the abandonment and vacation: Payment of the fair market value is set at $1,500.00 for the total 300-square foot portion of utility easement right-of-way to be abandoned and vacated. Central Power & Light and Southwestern Bell will seek reimbursement if adjustments to their facilities become necessary. The sanitary sewer serving the Outback Steakhouse Restaurant will become a private line to be maintained by the property oxvner. The Owner must replat the portions of South Bay Estates Subdivision being abandoned and vacated within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so ~\CLSTRI USERS2 SERVER\USERS2\LEG-DIR\Joseph~ORD~Oakhstl.doc that this ordinance is passed and takes effect upon first reading as an emergency measure this the 1 Ith day of February, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved ~-~--h b ,2003 BY: Joseph~ney (/t ,~ Assistant City Attorney For City Attorney \\CLSTRI USERS2_SERVER\U SERS2\LEG-DIR\Joseph\ORD-Oakhst I .doc AN ORDINANCE ABANDONING AND VACATING A 1,605.1-SQUARE FOOT PORTION OF A FIVE (5) FOOT WIDE UTILITY EASEMENT OUT OF TRACT 8, OAKHURST PLAZA; REQUIRING THE OWNER, OAKHURST LTD, A TEXAS LIMITED PARTNERSHIP, TO COMPLY WITH THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 1,605.1-square foot portion of a 5-foot wide utility easement out of Tract 8, Oakhurst Plaza as recorded in Volume 59, Pages 7&8, Map Records Nueces County, Texas, that the owner, Oakhurst Ltd., a Texas limited partnership, (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1,605.1-square foot portion of a 5-foot wide utility easement out of Tract 8, Oakhurst Plaza, as recorded in Volume 59, Pages 7&8, Map Records Nueces County, Texas is abandoned and vacated for public use as a utility easement, subject to Owner's compliance with the fbllowing specified conditions as part of the abandonment and vacation: Payment of the fair market value is waived for the 1,605.01-square foot portion of utility easement right-of-way to be abandoned and vacated due to the City initiating the closure. Central Power & Light and Southwestern Bell will seek reimbursement if adjustments to their facilities become necessary. The sanitary sewer serving the Omback Steakhouse Restaurant will become a private line to be maintained by the property owner. 4~ The Owner must replat the portions of South Bay Estates Subdivision being abandoned and vacated within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. SECTION 2. That upon written request of the Mayor or five council members, copy atfached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 11th day of February, 2003. HSLEG-DlR\Joseph\ORD-Oakhst2.doc ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved /c~'~<~t'~ '~h ~ ' 2003 BY:JosephH/~ev ~ ~ Assistant City Attorney For City Attorney HSLEG-DIR\Joseph\ORD-Oakhst2.doc AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH OAKHURST LTD, A TEXAS LIMITED PARTNERSHIP, FOR THE RIGHT TO OPERATE, CONSTRUCT, MAINTAIN AND REMOVE A 2.87' WIDE BY 60' LONG BUILDING EXTENSION WITH OUTBACK STEAl(HOUSE OF HOUSTON-II, LTD, A TEXAS LIMITED PARTNERSHIP, OVER PUBLIC STREET RIGHT-OF-WAY ADJACENT TO THE EXISTING BUILDING LOCATED AT 4221 SOUTH PADRE ISLAND DRIVE; ESTABLISHING A FEE OF $2,080; AND OTHER SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, in order to satisfy the requirements of Chapter 316 Texas Transportation Code, the City Council makes the following findings; and WHEREAS, the City Council finds that the building extension will not be located on, or extend onto or intrude into the roadway portion of the Oakhurst Drive right-of-way or on the adjacent sidewalk needed for pedestrian use; WHEREAS, the City Council finds that the installation of the building extension will not create a hazardous condition or obstruction of vehicular or pedestrian travel on Oakhurst Drive or the adjacent sidewalk; and WHEREAS, the City Council finds that the design and location of the building extension includes all reasonable planning to minimize potential injury or interference to the public in the use of Oakhurst Drive and the adjacent sidewalk; and WHEREAS, the City Council finds that the use of the building extension will not interfere with the public use of Oakhurst Drive or adjacent sidewalk; and WHEREAS, the City Council finds that the use of the building extension will not create a dangerous condition on Oakhurst Drive or the adjacent sidewalk; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a use privilege agreement with Oakhurst Ltd., a Texas limited partnership, for the right to construct, install, operate, maintain and remove a building extension approximately 2.87' in width, by 60' in length, with Outback Steakhouse of Houston-II, Ltd, a Texas limited partnership, within a City public right-of-way adjacent to the existing building located at 4221 South Padre Island Drive. SECTION 2. That Oakhurst Ltd., a Texas limited partnership, comply with the terms and conditions of the use privilege agreement, a copy of which is on file with the City Secretary, and be subject to the following conditions as part of the use privilege agreement: \\CLSTRI USERS2_SERVER~USERS2\LEG-DIR\Joseph~ORD-upa-oakhurst.doc 1. Staffrecommends payment ora fee of $2,080 for the use privilege agreement. The building extension will extend approximately 2.87' in width by 60' in length occupying approximately 172-square feet of city public right-of-way. Oakhurst Ltd., a Texas Limited Partnership, will be held solely responsible for all operation, maintenance, and removal of the improvements. An engineering permit will be required for any future repairs to the building extension described in the use privilege agreement. The sanitary sewer serving the Outback Steakhouse Restaurant will become a private line to be maintained by the property owner. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the I 1th day of February, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved__ ~""0-' qo s ,2003 BY:Joseph H~ney ~/~ -~ Assistant City Attorney For City Attorney \\CLSTR1 USERS2_SERVER\USERS2\LEG-DIR\Joseph\ORD-upa-oakhurst.doc [/ DRETT ST. HANI4ATTAN ~AHA~A PANAHA TIOLt'R LAN[ HERHDSA YUCATAN PADRE CORONA ST~'4E LOCATION MaP EASEMENT CLOSURE &: USE PRIVILEDGE AGREEMENT 3054 So. Nameda St. Christi, Tx. 7840¢ 882-5521 (phone) 882-1265 (fox) EXHIBIT C1 TRACT 8 OAKHURST PLAZA Job N~- 02028 $c~/e: 1=1 Datm 8-09-02 Drawing Nb' 02028C Plot~cal&' 1--1 Sheet I of .3 SO. ?ADRE I~. DRIVE EQSt Comer Tm~t CI.~SUJ~,E (PARCEL A) 300 SQ. FT. OUTBACK RESTAURANT 5.00' TRACT 8 VOL. 59, PGS. 7 & 8, M.E.N.C.T. AREA OF EASEMENT TO BE CLOSED 300.0 SQ. FT. TRACT 7 EXHIBIT ~.,,,., ,,. ,,,,¢,,, ~,,.,.,,o,.,-,.,, EASEMENT CLOSURE 3054 So. Nclmed~ St. Corpus Christi, Tx. 7840~t (,:361) 882-5521 (phone) TRACT 8, OAKHURST PLAZA ~,. (361) 882-1265 (lex) Job No: 02028 Oet~ 7-18--02 0ro~g N~ E~SECLOS Pfo~e: 1=1 Sheet I of 1 East Comer Tract 8 5.00' d,_ CLOSURE (PARCEL B) ~ 405 SQ. FT. co 10' U.E, 5.00' OUTBACK RESTAU RANT OAKHURST PLAZA TRACT 8 VOL. 59, PGS, 7 & 8, M.R,N.C.T. TRACT 7 OAKHURST PLAZA CITY INITATED - UTILITY EASEMENT VACATION and ABANDONMENT EXHIBIT C1 ,~o,,., .,~,.,, ~-,,,,;,,.,-;,,. EASE!MENT CLOSURE 3054 So. Alameda St. TX. 78404 TRACT 8, OAKHURST PLAZA ) Cob No: 02028 Sco/e: O~t&' 8-02-02 Dr;owing No.. 02028B P/otscole: 1 = 1 Sheet 1 of 2 OUTBACK RESTAURANT S61'10'32"F-/ 5.00' TRACT OAX~URST PLAZA VOL. 59, PCS. 7 & 8, M.R.N.C.T. PROPOSED ~ CLOSURE % (PARCEL 2) ~ 890 SQ. FT. N52"45,19 ~v 5.05' 10' 5. o5, PROPOSED CLOSURE (PARCEL 3) \ 310.1 SQ. FT.'~,,,~ N61-10'32"W/~ 5,00' TRACT 7 OAKHURST PLAZA VOL. 58, PG. 17, M.R.N.C.T. AREA OF EASEMENT TO BE CLOSED 405.0 SQ. FT. 890.0 SQ. FT. 310.1 SQ. FT. 1605.1 SQ. FT. ~ACT '!t 8°,, w,,,, E,g,.,.,,.-,¢ EASEMENT CLOSURE 305¢ So. ^lomedo St. Co~us Christi, Tx. 78404 (361) 882--5521 (phone) TRACT 8, OAKHURST P~ZA (361) 882-1265 (fox) Job No: 02028 $co/e~ 1 ==40' Date: 8-02-02 Drawing Na~ 0202BA Plotecol~' 1 = 1 Sheet 2 of 2 / SO.. ?ADRE ~ DRIVE AREA FOR USE PRIVILEGE AGREEMENT (2.87' WIDE X 60' LONG) OUTBACK R ESTAU RANT 2.87' TRACT 8 VOl. 59, PGS. 7 &: 8, M.R.N.C.T. I, AREA OF RIGHT-OF-WAY TO BE CLOSED 172.2 SQ. FT. I USE ~ ~ We/$h Eng~'aeen'n§ ;505¢ So. Nam~a S~ ua ChH~, Tx. 7~4 1) .8~-~21 (phone) 61} 882-12~ (fax) TRACT 7 EXHIBIT C2 PRIVILEDQE AGREEMENT OAKHURST DRIVE ,~, ~v,~- o20~ D~ 7-18-02 P/o~hgc~/~ 1~I ,~,mq~ 1 of 1 PROPOSED ENCLOSED PATIO EXTENSION FAMC COVERED, FETAL FRAlke CANOPY W/DOORs ANO ROLLAP CLRTAW BY CANOPY MAMPACIMM A Wt AaWMWfMtTO PARTIAL =kONT ELEVATION qQoPATIO W/WAMY SGALEt 1/i p -W 10 PANT --TD MATCH SMIT, - EXHIBIT C2 STE w KHE 13 AGENDA MEMORANDUM DATE: February 5, 2003 SUBJECT: Corpus Christi Animal Shelter and Vector Control Facility (Project No. 5117) AGENDA ITEM: Ordinance appropriating $541,545.53 from CNA Surety Company and Continental Casualty Company in the Public Health and Safety Fund No. 3358 for the Corpus Christi Animal Shelter and Vector Control Facility Project; amending Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $541,545.53; and declaring an emergency. Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the Contract for Professional Services in the amount of $64,088.89 with Bennett, Martin, Solka, Torno, Inc. Architects for the Corpus Christi Animal Shelter and Vector Control Facility Project to extend construction phase services to complete the Project. ISSUE: The City will receive $541,545.53 from the bonding company, CNA Surety and Continental Casualty Company; and an Ordinance is required to appropriate the monies. Amendment No. 5 is required to allow the City's consultant, Bennett, Martin, Solka, Torno, Inc. Architects, an additional seven (7) months of construction phase services and construction observation services to complete the subject project. FUNDING: Funding is available in the FY 2002-2003 Public Health and Safety Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the ordinance and motion as presented, i~/~ ~-~ ~//~' ,~,nj~l I~. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit"C" Location Map H:\USERS2~HOME/VELMAR\GEN\HEALTH\5117~MENDMENT 5~AGENDA MEMO BACKGROUNDINFORMATION SUBJECT: Corpus Christi Animal Shelter and Vector Control Facility (Project No. 5117) PROJECT BACKGROUND: The Corpus Christi Animal Shelter and Vector Control Facility project is part of Bond Issue 2000. On March 5, 2002, a construction contract was awarded to Southern Contracting, Inc. in the amount of $2,303,629 to construct the new Animal Shelter and Vector Control Facility. A Notice to Start Work was issued on April 1, 2002 for a contract duration period of 270 calendar days. The estimated date of completion was the end of November 2002. The City's architect, Bennett, Martin, Solka & Torno, recommended breaking out the project into four (4) separate construction contracts for bidding to allow for maximum participation by small, minority contractors. The project consisted of the following components: · Base Bid "A" - consisted of the construction of the main administration building; · Base Bid "B" - consisted of the construction of the kennels and related facilities; · Base Bid "C" - consisted of the construction of the Vector Control Workshop and Storage facilities, site work, and landscaping; and · Base Bid "D" - consisted of a bid package including Phases "A", "B", and "C" as one consolidated bid item. The scope of work of Phase "A", "B" and "C" had the approximate same construction value. The idea of four (4) separate construction contracts was endorsed by the Mayor's City Major Construction Projects Advisory Panel at their January, 2001 meeting. PROJECT DESCRIPTION: The project consisted of the following Bid Item components: Base Bid "A" - New construction to include drilled concrete piers, concrete foundation, CMU veneer on CMU load bearing walls, metal drywall studs, casework, hollow metal doors and frames, wood doors, hardware, architectural finishes, architectural specialties, engineered prefabricated wood truss roof framing system and mechanical and electrical work for the approximately 7,586 square feet Administration Building containing offices and labs for the City Animal Shelter and Vector Control facilities to five feet outside of the foundation line. it was proposed the project be completed in 200 calendar days with completion anticipated by the end of September 2002. · Base Bid "B" - New construction to include drilled concrete piers, concrete foundation, CMU load bearing walls, glazed clay tile kennel partitions, casework, H:/USERS2\HOMEIVELMAR/GEN/HEALTH\5117~AMENDMENT 5~GENDA BACKGROUND EXHIBIT "A" Page 1 of 4 reinforced fiberglass plastic doors and frames, hardware, architectural finishes, architectural specialties, engineered prefabricated wood truss roof framing system and mechanical and electrical work for the approximately 11,790 square feet Kennel Buildings which include euthanasia areas, animal kennels, offices and storage for Animal Control facilities to five feet outside of the foundation line. It was proposed the project be completed in 200 calendar days with completion anticipated by the end of September 2002. Base Bid "C" - New construction to include drilled concrete piers, concrete foundation, CMU load bearing walls, casework, hollow metal doors and frames, hardware, architectural finishes, architectural specialties, engineered prefabricated wood truss roof framing system and mechanical and electrical work for the approximately 4,630 square feet Vector Control shop which includes insecticide storage, general storage, work area, retention compound and animal dip tanks. Also, include all utilities to within five feet of the building foundations, site work, permanent fencing, paving, landscaping, and irrigation for Base Bids "A", "B", and "C". It was proposed the project be completed in 270 calendar days with completion anticipated by the end of November 2002. Base B~d D - Comb ned the scope of Base B~ds A, B, and C. It was proposed the project be completed in 270 calendar days with completion anticipated by the end of November 2002. The project consisted of the following Additive Alternates: · Additive Alternate No. 1 - Provide approximately 690 linear feet of chain link fencing around the north parking lot and Vector Control shop, including two (2) cantilever sliding gates, and concrete mowstrip. · Additive Alternate No. 2 - Provide additional approximately 1,640 square feet building to include 26 small dog kennels with all equipment, specialties, mechanical, and electrical work. · Additive Alternate No. 3 - Provide for finishing out Lab 3, room 117 and Small Animal, room 117a with textured and painted walls, vinyl composition tile floors, lower casework, and plumbing fixtures. · Additive Alternate No. 4 - Provide concrete pavement in parking lots in lieu of asphalt pavement. · Additive Alternate No. 5 - Provide upper wall cabinets in Lab 1, Room 115; Lab 2, Room 116; and Lab3, room 117. GENERAL: On November 1,2002, a Notice of Suspension letter was issued to Southern Contracting, Inc. and a notification letter was issued to CNA Surety and Continental Casualty Company. Southern Contracting, Inc. committed numerous breaches of the Contract; and it became clear that Southern Contracting, Inc. would not timely complete the work in accordance with A-6 of the Special Provisions of the Contract an Section 01011, EXHIBIT "A" Page 2 of 4 H:\USERS21HOME~VELMAR\GEN/HEALTH~5117~MENDMENT 5~AGENDA BACKGROUND Paragraph 1.1 of the Contract, the failure to provide proper management of the project, and numerous deficiencies in the work. Three items pertaining to the material breach of the Contract are outlined as follows: 1. No solution was offered to remedy the walls of the Administration Building to the required strength. 2. The concrete slab for the Sick/Large Dog Kennel and the concrete slab for the Small Dog Kennel are with no solution. The completion schedule submitted showed at least sixty days behind on completion of the project, even considering time extensions due to rain delays. The sixty days does not include additional time that would be required to correct the defective work. Based on the foregoing, and pursuant to B-7-13 of the General Provisions and Requirements of the Contract, work was suspended under the Contract for the following reasons: (b) Substantial evidence that the progress of the work being made by the Contractor is insufficient to complete the work within the specified time. (f) Deliberate failure on the part of the Contractor to observe any requirements of these specifications or to comply with any orders given by the Engineer as provided for in these specifications. (g) Failure of the Contractor to promptly make good any defects in materials or workmanship, or any defects of any nature, the correction of which has been directed in writing by the Engineer. On December 20, 2002, the Surety received bids from local contractors selected with City concurrence in a private bid opening. The bids received are for correction of deficiencies and completion of the contract. Winship Construction, Inc. was selected to complete the project; and is required to correct deficiencies and complete the original work. Januanj 28, 2003, City Council met in executive session to discuss the Corpus Christi Animal Shelter and Vector Control Facility. A Motion was made to approve the completion contractor, Winship Construction, Inc., for completing the project (Motion No. M2003-pending). AMENDMENT NO. 5: Two (2) months of construction phase services and construction observation services remain under the original contract with the City's consultant, Bennett, Martin, Solka, Torno, Inc. Architects. Amendment No. 5 allows the Consultant an additional seven (7) months of construction phase services and construction observation services including day-to-day detailed coordination with the City's staff to complete the EXHIBIT "A" Page 3 of 4 H:\USERS2/HOME\VELMAR\GENIHEALTH/5117~AMENDMENT 5~AGENDA BACKGROUND project. The Consultant will have nine (9) months of construction phase services and construction observation services to complete the project. Work on the project is anticipated to begin February 2003; and project completion is anticipated in October 2003. H:\USERS2\HOME~VELMARIGEN/HEALTH\5117~,MENDMENT 5~GENDA BACKGROUND EXHIBIT "A" Page 4 of 4 PRIOR ACTIONS SUBJECT: Corpus Christi Animal Shelter and Vector Control Facility (Project No. 5117) PRIOR COUNCIL ACTION: November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adopting and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). January 30, 2001 - Motion authorizing the City Manager, or his designee, to execute an Architectural Services Contract in the amount of $261,725 with Bennett, Martin, Solka & Torno for the Corpus Christi Animal Shelter and Vector Control Facility (Motion No. M2001-033). January 15, 2002 -Ordinance approving FY 2001-2002 Capital Improvement Budget (Ordinance No. 024730). March 5, 2002 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Southern Contracting, Inc. in the amount of $2,303,629 for the Corpus Christi Animal Shelter and Vector Control Facility (Motion No. M2002-073). January 28, 2003 - Executive session pursuant to Texas Government Code Section 551.071 regarding the following construction contracts: Corpus Christi Animal Shelter and Vector Control Facility Re-Bid - Project No. 5117; Mustang Island Fire and Parks & Recreation Station - Project No. 5114; Improvements to Fire Stations (ADA-CoEd) - Project No. 5115, with possible discussion and action related thereto in open session (Motion No. M2003-pending). PRIOR ADMINISTRATIVE ACTION: October 18, 2000 - Distribution of Request for Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. H:/USERS2V4OME\VELMAR\GEN\HEALTH/5117LAMENDMENT 5\PRIOR ACTIONS EXHIBIT "B" Page 1 of 2 PRIOR ADMINISTRATIVE ACTION (continued): November 10, 2000- Addendum No. 1 to the Request for Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. January 10, 2001 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. May 22, 2002 - Amendment No. 1 to the Architectural Services Contract in the amount of $8,500 with Bennett, Martin, Solka & Torno for the Corpus Christi Animal Shelter and Vector Control Facility. July 5, 2002 - Amendment No. 2 to the Amhitectural Services Contract in the amount of $0 with Bennett, Martin, Solka & Torno for the Corpus Christi Animal Shelter and Vector Control Facility. (Additional topographic survey field work during bid phase process +$1,200; reduction of quality assurance review -$1,200) August 6, 2002 - Change Order No. 1 to the Construction Contract in the amount of $3,951.56 with Southern Contracting, Inc. for the Corpus Christi Animal Shelter and Vector Control Facility. September 3, 2002 - Amendment No. 3 to the Amhitectural Services Contract in the amount of $14,000 with Bennett, Martin, Solka & Torno for the Corpus Christi Animal Shelter and Vector Control Facility. November 26, 2002 - Amendment No. 4 to the Architectural Services Contract in the amount of $25,000 with Bennett, Martin, Solka & Torno for the Corpus Christi Animal Shelter and Vector Control Facility. November 27, 2002 - Agreement executed for construction performance review in the amount of $15,000 with Felix H. ©canas, Jr., P. E. H:\USERS2\HOME\VELMAR/GEN/HEALTH\5117~AMENDMENT 5/PRIOR ACTIONS EXHIBIT "B" Page 2 of 2 \Mproject\councilexhlbits\exh51 1 7. dwg N Ld SACKY DRIVE HYGEIA CIRCLE SERVICE CENTER RD. GIBBS ST.I MUNICPAL ~ SERVICE CENTER PROPERTY LINE~ ANIMAL SHELTER AND VECTOR CONTROL FACILITY HOLLY ROAD VICINITY MAP PROJECT # 5117 SACKY SOKOL DR. NOT TO SCALE EXHIBIT "C" CORPUS CHRISTI ANIMAL SHELTER AND VECTOR CONTROL FACILITY CID' OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I o1' 1 DATE: 01/20/2005 ORDINANCE APPROPRIATING $541,545.53 FROM CNA SURETY COMPANY AND CONTINENTAL CASUALTY COMPANY IN THE PUBLIC HEALTH AND SAFETY FUND NO. 3358 FOR THE CORPUS CHRISTI ANIMAL SHELTER AND VECTOR CONTROL FACILITY PROJECT; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 BY INCREASING APPROPRIATIONS BY $541,545.53; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $541,545.53 from CNA Surety Company and Continental Casualty Company is appropriated in the Public Health and Safety Fund No. 3358 for the Corpus Christi Animal Shelter and Vector Control Facility Project. SECTION 2. That Ordinance No. 025144 which adopted the FY 2002-2003 Capital Budget is amended by increasing appropriations by $541,545.53. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of ........ 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Sccretary Samuel L. Neal, Jr. Mayor Approved: February 5, 2003 Lisa AgtfllakJ Assistant City Attorney For City Attorney 14 CITY COUNCIL AGENDA MEMORANDUM FebmarTll, 2002 AGENDA ITEM: Motion authorizing the City of Corpus Christi's proportional contribution of the local share of administrative expenses for regional water planning activities during FY 2003, required by Senate Bill 1, 75th Texas Legislature, in accordance with the Interlocal Agreement for Water Planning Activities approved by Motion M98-034, with the City's remaining share according to the formula adopted by the Regional Water Planning Group, to be $44,309.51. ISSUE: Senate Bill 1 in 1997 comprehensively changed Texas water laws. One aspect of the bill provided for a comprehensive long range planning process through the creation of Regional Water Planning Groups (RWI:'G). With input from Corpus Christi and other entities from this area, the Texas Water Development Board appointed a RWPG for this area. The law required that the RWPG appoint a political subdivision as its administrative representative in the planning process. In February 1998, the City and the Nueces River Authority (NRA) executed an agreement proposing NRA as the administrative representative. The RWPG subsequently approved NRA. The agreement also anticipated that, pursuant to the statute, an equitable plan would be developed for sharing of costs, which had to be borne locally in order to receive State planning funds. On August 25, 1998, the City Council approved $115,000 for the City' s share of local costs for that year (M98-304). Subsequently on August 24, 1999, the Council approved $45,300 in additional funds due to a revision of the formula for participating entities for the period of March 1998 through December 2000 (M99-280). The City's sham was $45,529.65 (approved by M2001-140) and $45,309.51 (approved by M2002-050) for years 2001 and 2002, respectively. For 2003, the RWPG has approved $60,000 as the interim budget. Allocation was based on the interim budget divided by 541,184, (the total regional population based on the 2000 census). The resulting per capita cost of $. 1109 was then aggregated to political subdivisions on the basis of the actual 2000 population. During the initial planning period, the City agreed to pay on behalf of all the political subdivisions receiving water from the City. Based on the above interim budget and allocation calculation, the City has been allocated $44,309.51 as their portion of the administrative cost for the interim planning period. FUNDING: Funds are budgeted in Water Supply Development organization (530000-4010-30230) of the Water Fund for a total available of $44,309.51. RECOMMENDATION: Staff recommends that the proposed motion be approved, which will approve the formula and cost allocation adopted by the Regional Water ~lanning Group. Eduardo Garaha, P. E. Water Superintendent Executive Committee: Mr. Jerry Kane, Co-Chair Industries Ms. Camla Serrate, Co-Chair Water Utilities Dr. Patdck Hubert, Secretary Small Businesses Mr. Scott Bedsse, Water Districts Mr. Bernard Paulson Port Authorities Members: Mr. Bernie DeLaune Small Businesses Mr. Billy Dick Municipalities Ms. Kimberly Stocksath Public Mr. Thomas Reding, Jr. River Authorities Mr. Robert Kunkal Industries Ms. JosephiPa Miller Counties Mr. Mark Scott Municipalit~s Mr. Greg Carter Electric Utilities Mr. Bobby Nedbalek Agriculture Ms. Teresa Cardllo Environmental Mr. Fauslo Yturda Agriculture Non-Voting Members: Mr. Ralph Boeker TWDB Mr. Vincente Gsarra Freer WClD Mr. Dexter Svetlik NRCS Mr. Jim Tolan TPWD Mr. Jon Sunday TDA Mr. Robert Fuibttght, Liaison Rio Grands RWPG Mr. Con Mires, Uaison S~uth Central Texas RWPG Mr. Cole Rowland, Liaison Lower Colorado RWPG Staff: Mr. Con Mims Ms. Rocky Freund Ms, Gabby Grdnkemeyer Nueces River Autho~ty Coastal Bend Regional Water Planning Group 6300 Ocean Drive, NRC 3100, Corpus Christi, Texas 78412 Phone: 361-825-3193; Fax.' 361-825-3195 January 8, 2003 Mr. Eduardo Garada, P. E. Water Superintendent City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 WATER JAN 15 2003 'DMINISTRATION Re: Allocation for administrative expenses associated with the Senate Bill 1 Regional Water Planning Program for the Coastal Bend Region during calendar year 2003 Dear Ed: I am requesting that the City of Corpus Christi (City) remit a payment of $44,309.51 to the Nueces River Authority (NRA) for the City's portion of allocated costs associated with the administrative expenses of the Senate Bill 1 (SBI) Region Water Planning Program tot the Coastal Bend Region during calendar year 2003. The amount being allocated to the City for 2003 is based on a formula whereby the total annual SB1 administrative budget of $60,000 (approved by the Coastal Bend Regional Water Planning Group on November 14, 2002) is divided by the total population in the eleven county planning area to derive a per capita cost ($0.1109 for 2003). Alter deriving the per capita cost, the total cosls allocated to each political subdivision in the region are determined by multiplying the per capita cost by the population reported for each entity. The population figures used in this case are the actual 2000 census data. In the case of the City, all the individual allocations for those political subdivisions receiving water from the City's regional water supply system are then combined into one amount to be paid by the City, then recovered through the City's raw water pass through rates. I am enclosing a copy of a spreadsheet showing the allocations, by political subdivision, and the total due from the City on behalf of all the water users served by the City's regional water supply. I am also enclosing an invoice for the above amount. Sincerely, Rocky A. Fraund Director of Information Services Enclosures Cc: Con Mims Debbie White Coastal Bend RWPG: Adopted Local Administrative Expanse Budget for 2003 Allocation of Administrative ExPenses by Political Subdivision: Beginning January 2003 City/cou-tYCensus 2000 Allocation Amount Paid Date Paid CC ARANSAS PASS P 867 $ 90.12 CC ROCKPORT 7,385 $ 818.76 CC FU LTON 1,553 $ 172.18 ••COUNTY -OTHER 12,692 $ 11407.14 Aransas County 22,497 $ 2,49420 CC BEEVILLE 13,129 $ 11455.59W COUNTY-OTHER 19.230 $ 2131.99 Ben c0unly 32,359 $ 3,587.58 • FALFURRIAS 5,297 $ 587.27 •• COUNTY -OTHER 2,679 $ 297.02 Brooks County 7,976 $ 884.28 CC CORPUS CI 277450 $ 30760.33 CC DRISCOLL825 $ 91.47 NORTH SARO 920 $ 102.00 • BENAVIDES 1,68 $ 186.92 • FREER 3,241 $ 359.32 • SAN DIEGO P 3.928 $ 435.49 •• COUNTY -OTHER 4.265 $ 472.85 Duval C*unty 13,120 $ 1,454.59 CC ARANSAS PASS P 7,201 $ 798.36 CC ALICE 19,01 $ 2,107.60 •ORANGE GROVE 1 $ 142.80 • FREMONT 2,772 $ 307.33 • SAN DIEGO P 825 $ 91.47 ••COUNTY -OTHER 15431 $ 1,710.80 Jim Walls county $ 4,359.99 CC TAFT 3,396 $ 376.51 CC TAFT SOUTHWEST 1,721 $ 190.60 •' COUNTY -OTHER 414 $ 45.90 Karmy County 414 $ 45.90 CC KINGSVILLE 25.575 $ 2835.45 ••COUNTY -OTHER 5,974 $ 662.33 Kleberg, County 31,549 $ 3,497 7/ CC Denotes payment from the City of Corpus Christi • Denotes payment from designated city. •• Denotes payment from designated county. Revised: Januarv8,2003 C unPo 000 ulation Allocation Amount Paid Daft Paid • GEORGE W2,524 $ 279.83 • THREE RIV1,878 $ 208.21 •• COUNTY -O7,907 $ 876.63 Lire Oak County 12309 $ 1,364.6] ^ COUNTY-O B51 $ 94.35 McMullen 851 $ In 94.35 CC AGUA DUL737 $ 81.71 CC ARANSAS P ]0 $ 7.76 CC BISHOP3305 $ 366.42 CC CORPUS CI 277450 $ 30760.33 CC DRISCOLL825 $ 91.47 NORTH SARO 920 $ 102.00 CC PORT ARA3 370 S 373.83 ROBSTOW12727 $ 1411.02 ••COUNTY -O 14241 $ 1578.87 Nueces County 313,645 $ 34,7)3.19 CC ARANSAS PASS P 7,201 $ 798.36 CC GREGORY 2318 $ 256.99 CC INGLESIDE 9,388 $ 1040.83 CC MATHIS 5,034 $ 558.11 CC ODEM 2,499 $ 277.06 OC PORTLAND 14 827 $ 1,641114 • SINTON 5,676 $ 629.29 CC TAFT 3,396 $ 376.51 CC TAFT SOUTHWEST 1,721 $ 190.60 ••COUNTY -OTHER 15078 $ 1,671.6] San Patticlo Count 67,138 $ ],443.46 REGIONAL TOTAL Population AmountDue Per Capita Cost 541,184 $ 60,000.00 $0.1109 City of Corpus Christi System: Amount Due Paid Balance 399,660 $44,309.51 $0.00 $44,309.51 Other entites: Amount Due Paid Balance 141,524 $15,690.49 $0.00 $15,690.49 Total: Amount Due Paid Balance $ 60,000.00 $0.00 $60,000.00 15 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: City Council Action Date: A. Motion authorizing the City Manager or his designee to execute all documents necessary to accept a grant of $60,000 (contract # 03-021 ) from the Texas General Land Office (GLO) to develop engineering plans and specifications for public access to the University Madna Beach Park located on Ocean Drive adjacent to Texas A&M University- Corpus Christi and to conduct beach surveys to monitor the beach under the second phase of the project; and B. Ordinance appropriating $60,000 from the Texas General Land Office in the No. 1050 Federal/State Grant fund to develop engineering plans and specifications for public access to the University Marina Beach Park located on Ocean Drive adjacent to Texas A& M University-Corpus Christi and to conduct beach surveys to monitor the beach under the second phase of the project; and declaring an emergency. ISSUE: Accepting the grant and appropriating funds require Council Action. REQUIRED COUNCIL ACTION:: Acceptance of the GLO grant (contract # 03-021) and appropriating $60,000 to develop engineering plans and specifications for public access to the University Marina Beach Park located on Ocean Drive. PREVIOUS COUNCIL ACTION: Authorization to submit application. CONCLUSION AND RECOMMENDATION: Staff recommends approval of motion and ordinance. (Department Head Signature) Attachments BACKGROUNDINFORMATION The GLO Coastal Erosion Planning and Response Act program funded the first phase of the UMBP. The first phase replaced a 1,200 -foot long section of Corpus Chdsti Bay shoreline. The project included the placement of sandy fill material to establish a beach and placement of two terminal groins and three detached breakwaters to stabilize the beach. The beach design is 1,200 feet long by 150 feet wide and stretches along the shoreline acress from Texas A&M - Corpus Chdsti campus, joining the existing hike and nature trail. The beach will create a wonderful recreational environment as well as facilitate and promote environmental and coastal education and reseamh. Access continues to be a major issue for this newly developed beach. The UMBP does not have facilities for parking, pedestrians or American with Disabilities Act complaint access. Texas A&M University - Corpus Christi has developed preliminary plans for the following amenities: restrooms, showers, ramped boardwalks, off-read parking along Spur 3 (Ocean Drive), walks along the grein, lifeguard stands, pedestrian infrastructure (crosswalks), streetlights, walkway lights and pedestrian walks. The City of Corpus Christi in partnership with Texas A&M University - Corpus Christi will develop final engineering plans and specification for the second phase of the University Marina Beach Park (UMBP) and conduct beach prefile surveys to monitor the beach. Seasonal beach profile surveys and sediment grain size analysis will be conducted at least twice a year for two years. These surveys will provide data that will allow officials to effectively manage and maintain the restored beach. The Texas A& M University - Corpus Christi will provide the 40% match require by the grant. The contract is effective as of the date of execution and will terminate by Mamh 31, 2004. GENERAL LAND OFFIlCE JERRY PATTERSON~ COMMISSIONER January 27, 2003 Ms. Patricia Garcia City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401-2120 RE: General Land Office Contract No. 03-021 Dear Ms. Garcia: Enclosed are duplicate originals of the Contract referenced above. Please have them properly executed (noting that there are three places to execute each document) and return them both to me. I will have them finally executed, and will promptly return one to you for your files. If you have any questions, please do not hesitate to contact me at (512) 475-2225, or via electronic mail at judy.coover(~glo.state.tx.us. Sincerely, ~ Contracts Liaison Legal Services Division JC/jc enclosures Stephen 1K Austin Building · 1700 North Congress Avenue · Austin, Texas 78701-1495 Post Office Box 12873 · Austin, Texas 78711 2873 512-463-5001 · 800-998-4GLO www. glo.state.tx.us GLO Contract No. 03-021 SUBRECIPIENT GRANT AGREEMENT COASTAL MANAGEMENT PROGRAM, CYCLE 7 THIS SUBRECIPIENT GRANT AGREEMENT (Contract) is entered into by and between the General Land Office (GLO), a State agency, and the City. of Corpus Christi, Texas (Subrecipient). I. FINANCIAL ASSISTANCE. 1.01. GRANT APPLICATION. Subrecipient has made application for "Coastal Management Program, Cycle 7" grant funds, to be made available to thc State of Texas by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, pursuant to the Federal Coastal Zone Management Act of 1972, 16 U.S.C. {}1451, et seq., National Oceanic and Atmospheric Administration (NOAA) Award No. NA17OZ2353 (NOAA Grant). The grant funds are limited to use for implementation of a coastal zone management project (Project) under the Texas Coastal Management Progran~ (CMP), administcred by the GLO (as Coastal Zone Management Awards, CFDA #11.419) pursuant to Tux. NAT. RES. CODE ANN. {}33.052 and {}33.204 (Vernon 2001 & Supp. 2002), in coordination with the Coastal Coordination CounciI (CCC). 1.02. WORK PLAN. The Project shall strictly conform ~vith the work plan and special conditions contained in Attachment A, which is attached and incorporated herein for all purposes (Work Plan). Deliverables and due dates included in the Work Plan may be amended upon written request and justification by Subrecipient to the GLO CMP Grant Administrator. 1.03. LAND ACQUISITIONS. In the event that private land is to be acquired with grant funds, Subrecipient shall have the parcel of land surveyed by a Licensed State Land Surveyor and shall record the survey in the records of the County Surveyor (or the records of the County Clerk if there is no County Surveyor) of the county in which the land is located. The title document for acquired land must be signed by a State or local government official attesting that such land is publicly owned. In addition, Subrecipient shall encumber the land ;vith a conservation easement, in a form acceptable to the GLO, which will protect the land and its natural resources and preserve the public use and benefit of the lined. For good cause shown, this requirement for a conservation easement may be waived or modified by a mutual agreement of the parties hereto. All appraisals performed in connection with the acquisition of land under this section shall be completed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions. GLO Contract No 03-021 Page 1 of 9 1.04. CONSTRUCTION. Any construction that will be undertaken with funding from this Contract shall be completed in compliance with final engineering specifications, construction plans, and/or architectural plans approved by the GLO or the CCC. 1.05. LICENSES. Subrecipient shall be solely and entirely responsible for procuring all appropriate licenses and permits which may be required by any competent authority for the performance of the work or services to be performed by Subrecipient. Copies of such licenses and permits shall be included as a part of the progress report for the period during which they are obtained. Subrecipient shall not commence construction of the Project until it has obtained the requisite licenses and/or pemfits. 1.06. SIGNAGE. Subrecipient's project site shall be identified by temporary signs which contain the following language: CONSTRUCTION OF THIS FACILITY WAS MADE POSSIBLE BY A GRANT UNDER THE COASTAL ZONE MANAGEMENT ACT OF 1972, AS AMENDED, AND AWARDED BY TIlE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AND ADMINISTERED THROUGH THE COASTAL COORDINATION COUNCIL AND THE TEXAS COASTAL MANAGEMENT PROGRAM. In addition, for those projects which include land acquisition, construction of facilities or other permanent structures, Subrecipient shall erect permanent signs, to be provided by GLO, which will identify the existence of the Project. 1.07. PROGRESS REPORTS. Subrecipient shall subnfit progress reports monthly, which must be received by the GLO on or before the 10th day of cach calendar month during the term of this Contract, cormnencing March 10, 2003 (Progress Reports). Progress Reports shall be submitted on the "Progress Report" form attached hereto as Attachment B, and shall include a brief statement of the overall progress of each task identified on the Work Plan since the last progress report; a brief description of any problems that have been encountered during the previous reporting period that will affect the Work Plan, delay the completion of any portion of this Contract or inhibit the completion of or cause a change in any of the Work Plan objectives; a description of any action Subrecipient plans to undertake to correct any problems that have been encountered; and a status report on the "Budget," as hereinafter defined. Any request for change of work and scope from the originally awarded project must be approved by both the CCC and NOAA and may cause delays in project progress. All changes must be submitted in writing and include justification of actions. Any costs incurred while waiting for approval of requested changes are the responsibility of Subrecipient. The GLO will inform Subreeipient upon final approval of the changes. GLO Contract No 03-021 Page 2 of 9 1.08. DELIVERABLES. Subrecipient shall deliver to the GLO two (2) complete copies of each of the deliverables set forth in the Work Plan, in the time and manner prescribed therein. The GLO may require Subrecipient to conform any data or products funded under this Contract to reflect GLO comments. II. GRANT FUNDS. 2.01. GRANT. Subject to the NOAA Grant and the terms and conditions of this Contract, the GLO agrees to grant to Subrecipient an amount not to exceed Sixty Thousand and No/100 Dollars ($60,000.00), payable in installments as reimbursement of allowable expenses incurred by Subrecipient in connection with Subrecipient's performance of the Project. The allowable expenses will be reimbursed to Subrecipient in accordance with the budget (Budget) included herein as a part of Attachment A and incorporated heroin for all purposes. The GLO will not provide reimbursement for any expenses not contained in the Budget. THE GLO IS NOT LIABLE TO SUBRECIPIENT FOR ANY COSTS INCURRED BY SUBRECIPIENT BEFORE THE EFFECTIVE DATE OF THIS CONTRACT OR AFTER TERMINATION OF THIS CONTRACT. 2.02. RECAPTURE. It is expressly understood and agreed by Subrecipient that the GLO shall have the right to recapture and have reimbursed to the GLO any payments made by the GLO under this Contract that Subrecipient has not used in strict accordance with this Contract. 2.03. VARIANCE. Upon written request and justification by Subrecipient to the GLO CMP Grant Administrator, informal budget flexibility among the Budget categories, for both the CMP and local budgets, may be allowed to the extent that the resulting transfer between categories does not exceed 10% of the total Budget. Any request for variance in excess of the allowed 10% shall be submitted to the GLO CMP Grant Administrator on the GLO Budget Amendment form attached hereto as Attachment C and, if approved, such amended Budget shall substitute the existing Budget in Attachment A to this Contract. 2.04. PURCHASES. Subrecipient shall not purchase any equipment and/or computer software not included as a reimbursable Budget item in Attachment A. Equipment is defined as tangible personal property having a useful life of more than one year and an acquisition cost of Five Thousand and No/100 Dollars ($5,000.00) or more per unit. Title and possession of any equipment will remain the property of Subrecipient unless and until transferred to the GLO, upon written request by the GLO, upon termination or completion of the Contract. 2.05. DISPOSITION OF EQUIPMENT. The disposition of any equipment purchased with an acquisition cost of Five Thousand and No/100 Dollars ($5,000.00) or more per uint shall follow the Uniform Grants Management Standard Guidelines. III. PAYMENT PROCEDURES. 3.01. SUBMISSION. Each request for reimbursement shall (i) be on the approved GLO forms attached hereto as Attachment D: (ii) be supported by an invoice detailing each expense by Budget category in accordance with Attachment A; and (iii) provide such other information as the GLO GLO Contract No 03-021 Page 3 of 9 may request. Each invoice shall be supported by copies of receipts, cancelled checks, and such other documentation which, in the judgment of the GLO, allows for full substantiation of the costs incurred. Requests for payment may be submitted monthly on or before the 10th day of each calendar month and shall be sent care of the Attn: GLO Accounts Pa/able Division, P.O. Box 12873, Austin, Texas 78711-2873. Requests for reimbursement under this Contract must be received by the GLO not later than sixty (60) days from the date Subrecipient incurs the expense. Failure by Subrecipient to comply in a timely manner with this requirement may, at the GLO's sole discretion, result in denial of the request for reimbursement. 3.02. MATCH. Subrecipient must include match fund justification with request for payment invoices submitted on the approved GLO forms attached hereto as Attachment D-1. Match must be clearly identified and may be submitted regardless of payment request need. Payment requests may be denied if proper match has not been submitted with the payment request. Each invoice shall be supported by copies of receipts, cancelled checks, and such other documentation which, in the judgment of the GLO, allows for full substantiation of the costs incurred. 3.03. RETAINAGE. To ensure full performance, the GLO may withhold an amount equal to ten percent (10%) of the Budget until Subrecipient's delivery and GLO's approval of all deliverables required herein. The GLO shall make a final disbursement only upon receipt of documentation sufficient to determine that Subrecipient has completed the project in accordance with the Work Plan and that all requirements of this Contract and the relevant provisions of the NOAA Grant have been fulfilled by Subrecipient. 3.04. BOOKS AND RECORDS. Subrecipient shall maintain and cause any subcontractors to maintain satisfactory financial accounting documents and records and shall make them available for examination and audit by the GLO or other agencies of the state or federal government with relevant jurisdiction. The GLO reserves the right to audit any of Subrecipient's accounts related to tiffs Contract and to verify any expense item submitted for reimbursement by Subrecipient. Subrecipient will permit the GLO (and its agents) or other agencies of the state or federal government with relevant jurisdiction to inspect any and all pertinent records, files, information, and other written materials pertaining to the expenditure of funds under this Contract. Subrecipient further agrees to maintain and cause any subcontractors to maintain, keep, and preserve all such records for a period of three (3) years from the date of notification that funding for the NOAA Grant has ended, and to make the records available to the GLO (and its agents) or other agencies of the state or federal government with relevant jurisdiction for purposes of audit. Subrecipient shall refund to the GLO within ten (10) days of receipt of a written request by the GLO any sum of money which has been paid by the GLO to Subrecipient which the GLO determines: (i) has resulted in overpayment to Subrecipient; or (ii) has not been spent strictly in accordance with the terms of this Contract. IV. TERM OF CONTRACT. 4.01. TERM. This Contract shall be effective as of the date the last party executes this Contract, and shall terminate upon completion of the Project or on March 31, 2004, whichever occurs first. Upon receipt of a whtten request and acceptable justification from Subrecipient, the GLO, upon approval from NOAA, may allow one extension of this term for a GLO Contract No 03-021 Page 4 of 9 period not to exceed three (3) months. This extension request must be received by the GLO Grant Administrator at least 45 days before contract termination. 4.02. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the GLO may require the issue(s) be mediated. In such event, the GLO shall so notify Subrecipient and furnish Subrecipient with the names of three mediators acceptable to the GLO. Within ten (10) days of such notice, Subrecipient shall select a mediator from the list provided by the GLO and notify the GLO. The mediation shall occur within thirty (30) days of such notification. Prior to the mediation, each party will provide the mediator with a statement of issues to be mediated, along with any other information/releases required by the mediator. Cost of the mediator shall be borne equally by the parties. Any dispute resolution shall be conducted in accordance with TEX. GOV'T CODE ANN. §§2260.001 - 2260.108 (Vemon 2000 & Supp. 2002). 4.03. EARLY TERMINATION. The GLO may terminate this Contract upon thirty (30) days' prior written notice to Subrecipient. Upon receipt of notice of early termination Subrecipient shall cancel, withdraw, or otherwise terminate outstanding orders or subcontracts which relate to the performance of this Contract and shall otherwise cease to incur costs under this Contract. Early termination will be subject to an equitable settlement of the respective interests of the parties accrued up to the date of termination. V. FUNDING. 5.01. APPROPRIATIONS. This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation ofTEX. CONST. art. Ill, {}49. In compliance with TEX. CONST. art. vm, §6, it is understood that all obligations of the GLO are subject to the availability of funds. The GLO has disclosed to Subrecipient that funding for this Contract is being provided by the NOAA Grant, and if such funding is not obtained, this Contract shall be void or if such funding becomes unavailable, this Contract may be terminated, subject to the equitable settlement of the parties' respective interests accrued up to the date of termination. VI. ASSURANCES AND CERTIFICATIONS. 6.01. INCORPORATION BY REFERENCE. Incorporated by reference the san~e as if specifically written herein are the roles, regulations, and all other requirements imposed by law, including but not limited to compliance with those applicable rules and regulations of the State of Texas and the federal government, including those contained in the NOAA Grant, all of which shall apply to the performance of the work under ttfis Contract. 6.02. COMPLIANCE WITH LAWS. Subrecipient shall complete and return the Assurances- Construction/Non-Construction Programs form attached hereto as Attachment E, assuring that it will comply with all Federal Statutes listed thereon and, when applicable, shall obtain completed assurance of compliance forms from its subcontractors. GLO Contract No 03-021 Page 5 of 9 6.03. DEBARMENT. Subrecipient shall complete and return the Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion attached hereto as Attachment F, certifying that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the NOAA Grant by any federal department or agency and shall obtain certifications fi-om all its subcontractors. 6.04. CONSISTENCY. Subrecipient shall complete the requirements of this Contract in compliance with the CMP goals and policies and shall assure that the performance of all subcontractors is in compliance with the CMP. VII. DATA COLLECTION AND DELIVERY. 7.01. GEOGRAPHIC INFORMATION SYSTEMS. Data, databases, and products associated with electronic Geographic Information Systems (GIS) that have been collected, manipulated, or purchased with CMP grant funds and/or local match funds will be subject to all applicable terms of the Texas Geographic Information Standards of the Texas Geographic Information Council (TGIC) and Texas Administrative Code (TAC) §201.6, Plamfing and Management of Information Resources Technologies, Geographic Information Standards. The 2001 Geographic Information Standards Rule is available on the World Wide Web at www.tgic.state.tx.us/standards/index.htm, or by writing to Department of Information Resources (D1R), P.O. Box 13564, Austin, Texas, 78711, e-mail TGICHELP(~dir.state.tx.us. 7.02. TRANSFER OF DATA. Any GIS data to be transferred or exchanged that is collected, manipulated, or purchased with funds from this Contract must be documented as specified in the Federal Geographic Data Committee (FGDC) document Content Standard for Digital Geospatial Metadata, Version 2 (FGDC-STD-001-1998) or later. The federal metadata standard is available on the World Wide Web at xvww.fgdc.gov/metadata. 7.03. FORMAT. Many Texas state agencies, including the GLO, have adopted Environmental Systems Research Institute, Inc. (ESRI) products- Archifo, ArcView, etc.--as in-house GIS software. This is NOT an endorsement of these, or any other, products; however, any electronic spatial data collected, manipulated, or purchased with CMP grant funds and/or local match funds shall be transferred in a mutually-acceptable GIS format, along with appropriate documentation. Nonspatial data (text or database) deliverables must be delivered in MS Word, WordPerfect, dbase (.dbf), or ASCI/formats. Acceptable media for delivery include floppy disks, Zip disks, and CD- ROMs. VIII. COPYRIGHT AND PUBLICATION. 8.01. COPYRIGHT. Subrecipient shall not assert any rights at common law, in equity or otherwise seek to establish any claim to statutory copyright in any material or information developed under this Contract. The parties expressly agree that the GLO shall own all right, title, and interest in and to any copyright or other intellectual property rights and any material or information developed under this Contract, including but not limited to the right to use, reproduce or publish any or all of such information and other materials without the necessity of obtaining permission from Subrecipient and without expense or charge. GLO Contract No 03 021 Page 6 of 9 8.02. PUBLICATION. If Subrecipient or its employee(s) use NOAA financial assistance to publish reports and other materials completed as a result of this Contract, the author shall assure that the paper bears the following statement as well as the NOAA and CMP logos on the front cover or title page of such document and other materials: A PUBLICATION (OR REPORT) OF THE COASTAL COORDINATION COUNCIL PURSUANT TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AWARD NO. NAI 7OZ2353. If Subrecipient or its employee(s) use NOAA financial assistance to publish a paper based in whole or in part on the work funded by this Contract, the author shall assure that the paper bears the following statement on the front cover or title page of the paper: THIS PAPER IS FUNDED ("IN PART" IF APPROPRIATE) BY A GRANT/COOPERATIVE AGREEMENT FROM THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. THE VIEWS EXPRESSED HEREIN ARE THOSE OF THE AUTHOR(S) AND DO NOT NECESSARILY REFLECT THE VIEWS OF NOAA OR ANY OF ITS SUB-AGENCIES. IX. EVENTS OF DEFAUI,T AND REMEDIES. 9.01. EVENTS. Each of the following shall constitute events of default (Events of Default) under this Contract: (a) Subrecipient's failure to comply with any term, covenant or provision contained in this Contract. Co) Subrecipient makes an assignment for the benefit of creditors or takes any similar action for the protection or benefit of creditors. (c) If at any time, Subrecipient makes any representation or warranty ~vhich is incorrect in any material respect in: (i) the Work Plan; (ii) any request for payment submitted to the GLO; or, (iii) any report submitted to the GLO related to the Contract. 9.02. REMEDIES. Upon the occurrence of any such Event of Default, the GLO shall be entitled to avail itself of any equitable or legal remedy. 9.03. NO WAIVER. No waiver of any Event of Default shall be considered a waiver of any other or subsequent Event of Default, and no delay or omission in the exercise or enforcement of the rights and powers of the GLO shall be construed as a waiver of any such rights or powers. X. MISCELLANEOUS PROVISIONS. 10.01. SUBCONTRACTS. Subrecipient may subcontract with other agencies and/or private entities for some or all of the services or work to be performed in connection with the Project. GLO Contract No 03-021 Page 7 of 9 Subrecipient shall legally bind any such subcontractors to perform and make such subcontractors subject to all the certifications, duties, requirements, and obligations of Subrecipient specified herein. Nothing herein shall be construed to relieve Subrecipient of the responsibility for insuring that the services and work rendered comply with all the terms and provisions of this Contract. Subrecipient will provide the GLO with copies of all subcontracts and all amendments, cancellations, or terminations to such subcontracts. 10.02. INDEMNITY. SUBRECIPIENT AGREES TO INDEMNIFY AND HOLD THE GLO HARMLESS, TO THE FULL EXTENT PERMITTED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING FROM THE NEGLIGENT ACTS OR OMISSIONS OF SUBRECIPIENT, ITS EMPLOYEES OR AGENTS IN CONNECTION WITH THE PERFORMANCE OF SERVICES OR WORK BY SUBRECIPIENT OR ITS SUBCONTRACTORS UNDER THIS CONTRACT. THE PROVISIONS OF THIS SECTION 10.02 SHALL SURVIVE TERMINATION OF THIS CONTRACT. THIS SECTION 10.02 SHALL NOT BE CONSTRUED AS VIOLATING THE PROVISIONS OF TEX. CONST. ART. III §52. 10.03. HISTORICALLY UNDERUTILIZED BUSINESSES. In accordance with state law, it is the GLO's policy to assist historically underutilized businesses (HUB's), whether minority or women-owned, to participate whenever possible in providing goods and services to the GLO. The GLO encourages those parties with whom it contracts for the provision of goods and services to adhere to ttfis stone policy in selecting sub-Subrecipients to assist in fulfilling Subrecipient's obligations ~vith the GLO. Subrecipient will provide the Purchasing Department of the GLO with pertinent details of any participation by a HUB in fulfilling the dnties and obligations arising under this Contract. 10.04. ENTIRE AGREEMENT. This Contract constitutes the entire agreement of the parties. No other agreement, statement, or promise that is not contained in this Contract shall be binding except a subsequent written modification signed by both parties. 10.05. GOVERNING LAW AND VENUE. This Contract shall be governed and construed in accordance with the laws of Texas. Venue of any suit for breach of this Contract shall be fixed in any court of competent iurisdiction in Austin, Travis County, Texas. 10.06. SEVERABILITY. Should ashy one or more provisions of this Contract be held to be void, voidable, or for any reason whatsoever of no force and effect, such provision(s) shall be construed as severable from the remainder of this Contract and shall not affect the validity of all other provisions of this Contract, which shall remain in full force and effect. 10.07. HEADINGS. The headings contained in this Contract are for reference purposes only and shall not in any way affect the meaning or interpretation of this Contract. <Remainder of page intentionally left blank.> (iLO Contract No. 03-02 l Page 8 of 9 10.08. NOTICES. Any notice required or permitted to be delivered under this Contract shall be deemed delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the GLO or Subrecipient, as the case may be, at the address set forth below: GLO: General Land Office Resource Mm~agement Program Area 1700 N. Congress Ave. Austin, Texas 78701 - 1495 Attention: Ms. Melissa Porter Subrecipient: City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401-2120 Attention: Ms. Patricia Garcia Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. Either party may change its address for notice by written notice to the other party as herein provided. 10.09. SURVIVAL. Sections 2.02, 3.03, 6.01, 6.02, 6.03, 8.01, 8.02, 10.01, 10.02 and 10.05 shall survive termination of this Contract as continuing agreements and obligations o£ Subrecipient. GENERAl, LAND OFHCE CITY OF CORPUS CHRISTI Larry L. Laine, Chief Clerk/ Deputy Land Commissioner Date By: Bavirl R ~arcia Title: City Managpr Date of execution: GL() Contract No. 03-021 Page 9 of 9 GLO Contract No. 03-021 SUBRECIPIENT GRANT AGREEMENT COASTAL MANAGEMENT PROGRAM, CYCLE 7 THIS SUBRECiPIENT GRANT AGREEMENT (Contract) is entered into by and between the General Land Office (GLO), a State agency, and the City of Corpus Christi, Texas (Subrecipient). 1. FINANCIAL ASSISTANCE. 1.01. GRANT APPLICATION. Subrecipient has tnade application lot"Coastal Management Program, Cycle 7" grant funds, to be made available to the State of Texas by the U.S. Department of Commerce, National Occanic and Atmospheric Administration, pursuant to the Federal Coastal Zone Management Act of 1972, 16 U.S.C. {}1451, et seq., National Oceanic and Atmospheric Administration (NOAA) Award No. NA17OZ2353 (NOAA Grant). The grant funds are limited to usc for implementation of a coastal zone management project (Project) under the Texas Coastal Management Program (CMP), administered by the GLO (as Coastal Zone Management Awards, CFDA #11.419) pursuant to TEX. N~XT. RES. CODE A.~X~N. §33.052 and §33.204 (Vernon 2001 & Supp. 2002), in coordination with the Coastal Coordination Council (CCC). 1.02. WORK PLAN. The Project shall strictly conform with the work plan and special conditions contained in Attachment A, which is attached and incorporated herein for all purposes (Work Plan). Deliverables and due dates included in the Work Plan may be amended upon written request and justification by Subrecipient to the GLO CMP Grant Administrator. 1.03. LAND ACQUISITIONS. In the event that private land is to be acquired with grant funds, Subrecipient shall have the parcel of land surveyed by a Licensed State Land Surveyor and shall record the survey in the records of the County Surveyor (or the records of the County Clerk if there is no County Surveyor) of the county in which the land is located. The title document for acquired land must be signed by a State or local government official attesting that such land is publicly oxvned. In addition, Subrecipient shall encumber the land with a conservation easement, in a form acceptable to the GLO, which will protect the land and its natural rcsources and preserve the public use and benefit of the land. For good cause shown, this requirement for a conservation easement may be waived or modified by a mutnal agreement of the parties hereto. All appraisals performed in connection with the acquisition of land under this section shall be completed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions. GL.O Contract No 03 021 Page I of 9 1.04. CONSTRUCTION. Any construction that will be undertaken with funding from this Contract shall be completed in compliance ~vith final engineering specifications, construction plans, and/or architectural plans approved by the GLO or the CCC. 1.05. LICENSES. Subrecipient shall be solely and entirely responsible for procuring all appropriate licenses and permits which may be required by any competent authority for the performance of the work or services to be performed by Subrecipient. Copies of such licenses and permits shall be included as a part of the progress report for the period during which they are obtained. Subrecipient shall not commence construction of the Project until it has obtained the requisite licenses and/or porn)its. 1.06. SIGNAGE. Subrecipient's project sitc shall be identified by temporary signs which contain the following language: CONSTRUCTION OF THIS FACILITY WAS MADE POSSIBLE BY A GRANT UNDER THE COASTAL ZONE MANAGEMENT ACT OF 1972, AS AMENDED, AND AWARDED BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AND ADMINISTERED THROUGH THE COASTAL COORDINATION COUNCIL AND THE TEXAS COASTAL MANAGEMENT PROGRAM. In addition, for those projects which include lm~d acquisition, construction of facilities or other permanent structures, Subrecipient shall erect permanent signs, to be provided by GLO, which will identify the existence of the Project. 1.07. PROGRESS REPORTS. Subrecipient shall submit progress reports monthly, which must be received by the GLO on or before the 10th day of each calendar month during the term of this Contract, connnencing March 10, 2003 (Progress Reports). Progress Reports shall be submitted on the "Progress Report" form attached hereto as Attachment B, and shall include a brief statement of the overall progress of each task identified on the Work Plan since the last progress report; a brief description of any problems that have been encountered during the previous reporting period that will affect the Work Plan, delay the completion of any portion of this Contract or inhibit the completion of or cause a change in any of the Work Plan objectives; a description of any action Subrecipient plans to undertake to correct any problems that have been encountered; and a status report on the "Budget," as hereinafter defined. Any request for change of work and scope from the originally awarded project must be approved by both the CCC and NOAA and may cause delays in project progress. All changes must be submitted in writing and include justification of actions. Any costs incurred while waiting for approval of requested changes are the responsibility of Subrecipient. The GLO will inform Subrecipient upon final approval of the changes. Gl() Contract No. 03 021 Page 2 of 9 1.08. DELIVERABLES. Subrecipient shall deliver to the GLO two (2) complete copies of each of the deliverables set forth in the Work Plan, in the time and manner prescribed therein. The GLO may require Subrecipient to conform any data or products funded under this Contxact to reflect GLO comments. 11. GRANT FUNDS. 2.01. GRANT. Subject to the NOAA Grant and the terms and conditions of this Contract, the GLO agrees to grant to Subrecipient an amount not to exceed Sixty Thousand and No/100 Dollars ($60,000.00), payable in installments as reimbursement of allowable expenses incurred by Subrecipient in connection with Subrecipient's performance of the Project. The allowable expenses will be reimbursed to Subrecipient in accordance with the budget (Budget) included herein as a part of Attachment A and incorporated herein for all purposes. The GLO will not provide reimbursement for any expenses not contained in the Budget. THE GLO IS NOT LIABLE TO SUBRECIPIENT FOR ANY COSTS INCURRED BY SUBRECIPIENT BEFORE THE EFFECTIVE DATE OF THIS CONTRACT OR AFTER TERMINATION OF THIS CONTRACT. 2.02. RECAPTURE. It is expressly understood and agreed by Subrecipient that the GLO shall have the right to recapture and have reimbursed to the GLO any payments made by the GLO under this Contract that Subrecipient has not used in strict accordance with this Contract. 2.03. VARIANCE. Upon written request and justification by Subrecipient to the GLO CMP Grant Administrator, informal budget flexibility among the Budget categories, for both the CMP and local budgets, may be allowed to the extent that the resulting transfer between categories does not exceed 10% of the total Budget. gray request for variance in excess of the allowed 10% shall be submitted to the GLO CMP Grant Administrator on the GLO Budget Amendment form attached hereto as Attachment C and, if approved, such an~ended Budget shall substitute the existing Budget in Attachment A to this Contract. 2.04. PURCHASES. Subrecipient shall not purchase any equipment and/or computer software not included as a reimbursable Budget item in Attachment A. Equipment is defined as tangible personal property having a useful life of more than one year and an acquisition cost of Five Thousand mid No/100 Dollars ($5,000.00) or more per unit. Title and possession of any equipment will remain the property of Subrecipient unless and until transferred to the GLO, upon written request by the GLO, upon termination or completion of the Contract. 2.05. DISPOSITION OF EQUIPMENT. The disposition of any equipment purchased with an acquisition cost of Five Thousand and No/100 Dollars ($5,000.00) or more per unit shall follow the Unilbrm Grants Management Standard Guidelines. IlL PAYMENT PROCEDURES. 3.01. SUBMISSION. Each request for reimbursement shall (i) be on the approved GLO forms attached hereto as Attachment D; (ii) be supported by an invoice detailing each expense by Budget category in accordance with Attachment A; and (iii) provide such other information as the GLO GLO Contract No 03-021 Page 3 may request. Each invoice shall be supported by copies of receipts, cancelled checks, and such other documentation which, in the judgment of the GLO, allows for full substantiation of the costs incurred. Requests for payment may be submitted monthly on or before the 10th day of each calendar month and shall be sent care of the Attn: GLO Accounts Payable Division, P.O. Box 12873, Austin, Texas 78711-2873. Requests for reimbursement under this Contract must be received by the GLO not later than sixty (60) days from the date Subrecipient incurs the expense. Failure by Subrecipient to comply in a timely manner with this requirement may, at the GLO's sole discretion, result in denial of the request for reimbursement. 3.02. MATCH. Subrecipient must include match fund justification with request for payment invoices submitted on the approved GLO forms attached hereto as Attachment D-1. Match must be clearly identified and may be submitted regardless of payment request need. Payment requests may be denied if proper match has not been submitted with the payment request. Each invoice shall be supported by copies of receipts, cancelled checks, and such other documentation which, in the judgment of the GLO, allows for full substantiation of the costs incurred. 3.03. RETAINAGE. To ensure full performance, the GLO may xvithhotd an amount equal to ten percent (10%) of the Budget until Subrecipient's delivery and GLO's approval of all deliverables required herein. The GLO shall make a final disbursement only upon receipt of documentation sufficient to determine that Subrecipient has completed the project in accordance with the Work Plan and that all requirements of this Contract and the relevant provisions of the NOAA Grant have been fulfilled by Subrecipient. 3.04. BOOKS AND RECORDS. Subrecipient shall maintain and cause any subcontractors to maintain satisPactory financial accounting documents m~d records and shall make them available for examination and audit by the GLO or other agencies of the state or federal government with rclcvant jurisdiction. The GLO reserves the ri~t to audit al~y of Subrecipient's accounts related to this Contract and to verify any expense item submitted for reimbursement by Subrecipient. Submcipient will permit the GLO (and its agents) or other agencies of the state or federal government with relevant jurisdiction to inspect any and all pertinent records, files, information, and other written materials pertaining to the expenditure of funds under this Contract. Subrecipient further agrees to maintain and cause any subcontractors to maintain, keep, and preserve all such records for a period of three (3) years from the date of notification that funding for the NOAA Grant has ended, and to make the records available to the GLO (and its agents) or other agencies of the state or federal government with relevant jurisdiction for purposes of audit. Subrecipient shall refund to the GLO within ten (10) days of receipt of a written request by the GLO any sum of money which has been paid by the GLO to Subrecipient which the GLO determines: (i) has resulted in overpayment to Subrecipient; or (ii) has not been spent strictly in accordance with the terms of this Contract. IV. TERM OFCONTRACT. 4.01. TERM. This Contract shall be effective as of the date the last party executes this Contract, and shall terminate upon completion of the Project or on March 31, 2004, whichever occurs first. Upon receipt of a written request and acceptable justification from Subrecipient, the GLO, upon approval from NOAA, may allow one extension of this term for a Gl O Co~n'act No 03-021 Page 4 of 9 period not to exceed three (3) months. This extension request must be received by the GLO Grant Administrator at least 45 days before contract termination. 4.02. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the GLO may require the issue(s) be mediated. In such event, the GLO shall so notify Subrecipient and furnish Subrecipient with the names of three mediators acceptable to the GLO. Within ten (10) days of such notice, Subrecipient shall select a mediator from the list provided by the GLO and notify the GLO. The mediation shall occur within thirty (30) days of such notification. Prior to the mediation, each party will provide the mediator with a statement of issues to be mediated, along with any other information/releases required by the mediator. Cost of the mediator shall be borne equally by the parties. Any dispute resolution shall be conducted in accordance with TE×. GOV'T CODE ANN. § §2260.001 - 2260.108 (Vernon 2000 & Supp. 2002). 4.03. EARLY TERMINATION. The GLO may terminate this Contract upon thirty (30) days' prior written notice to Subrecipient. Upon receipt of notice of early termination Subrecipient shall cancel, withdraw, or otherwise ternfinate outstanding orders or subcontracts which relate to the performance of this Contract and shall otherwise cease to incur costs under this Contract. Early termination will be subject to an equitable settlement of the respective interests of the pa~ies accrued up to the date of termination. V. FUNDING. 5.01. APPROPRIATIONS. This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of TEX. CONST. art. III, §49. In compliance with TEX. CONST. art. vm, §6, it is understood that all obligations of the GLO are subject to the availability of funds. The GLO has disclosed to Subrecipient that funding for this Contract is being provided by the NOAA Grant, and if such fuuding is not obtained, this Contract shall be void or if such funding becomes unavailable, this Contract may be terminated, subject to the equitable settlement of the parties' respective interests accrued up to the date of termination. VI. ASSURANCES AND CERTIFICATIONS. 6.01. INCORPORATION BY REFERENCE. Incorporated by reference the same as if specifically written herein are the roles, regulations, and all other requirements imposed by law, including but not limited to compliance with thosc applicable rules and regulations of the State of Texas and the federal government, including those contained in the NOAA Grant, all of which shall apply to the performance of the work trader this Contract. 6.02. COMPLIANCE WITH LAWS. Subrecipient shall complete and return the Assurances- Construction/Non-Construction Programs form attached hereto as Attachment E, assuring that it will comply with all Federal Statutes listed thereon and, when applicable, shall obtain completed assurance of compliance forms from its subcontractors. Contract No 03 021 Page 5 of 9 6.03. DEBARMENT. Subrecipient shall complete and return the Certification Regarding Dcbam~ent, Suspension, Ineligibility, and Voluntary Exclusion attached hereto as Attachment F, certifying that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the NOAA Grant by any federal department or agency and shall obtain certifications from all its subcontractors. 6.04. CONSISTENCY. Subrecipient shall complete the requirements of this Contract in compliance with the CMP goals and policies and shall assure that the performance of all subcontractors is in compliance with the CMP. VII. DATA COLLECTION AND DELIVERY. 7.01. GEOGRAPHIC INFORMATION SYSTEMS. Data, databases, and products associated with electronic Geographic Information Systems (GIS) that have been collected, manipulated, or purchased with CMP grant funds and/or local match funds will be subject to all applicable terms of the Texas Geographic Information Standards of the Texas Geographic Information Council (TGIC) and Texas Administrative Code (TAC) §201.6, Planning and Management of Information Resources Teclmologies, Geographic Information Standards. The 2001 Geographic Information Standards Rule is available on the World Wide Web at www.tgic.state.tx.us/standards/index.htm, or by writing to Department of InfmTnation Resources (DIP,), P.O. Box 13564, Austin, Texas, 78711, c-mail TGICHELP(~dir.state.tx.us. 7.02. TRANSFER OF DATA. Any GIS data to be transferred or exchanged that is collected, manipulated, or purchased with funds from this Contract must be documented as specified in the Federal Geographic Data Committee (FGDC) document Content Standard for Digital Geospatial Metadata, Version 2 (FGDC-STD-001-1998) or later. The federal metadata stas~dard is available on the World Wide Web at www.fgdc.gov/metadata. 7.(13. FORMAT. Many Texas state agcncies, including the GLO, have adopted Enviromnental Systems Research Institute, Inc. (ESRi) product~Arclnfo, ArcView, etc. as in-house GIS sotS, are. This is NOT an endorsement of these, or any other, products; however, any electronic spatial data collected, manipulated, or purchased with CMP grant funds and/or local match funds shall be transferred in a mutually-acceptable GIS fomiat, along with appropriate documentation. Nonspatial data (text or database) deliverables must be delivered in MS Word, WordPerfect, dBase (.dbf), or ASCII formats. Acceptable media for delivery include floppy disks, Zip disks, and CD- ROMs. VIII. COPYRIGHT AND PUBLICATION. 8.01. COPYRIGHT. Subrecipient shall not assert any rights at conmnon la,v, in equity or otheDvise seek to establish any claim to statutory copyright in any material or information developed under this Contract. The parties expressly agree that the GLO shall own all right, title, and interest in and to any copyright or other intellectual property rights and any material or information developed under this Contract, including but not limited to the right to use, reproduce or publish any or all of such information and other materials without the necessity of obtaining permission from Subrecipient and without expense or charge. OI,O Contract No 03-021 Pagc 6 of 9 8.02. PUBLICATION. If Subrecipient or its employee(s) use NOAA financial assistance to publish reports and other materials completed as a result of this Contract, the author shall assure that the paper bears the following statement as well as the NOAA and CMP logos on the front cover or title page of such document and other materials: A PUBLICATION (OR REPORT) OF THE COASTAL COORDINATION COUNCIL PURSUANT TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AWARD NO. NA17OZ2353. If Subrecipient or its employee(s) use NOAA financial assistance to publish a paper based in whole or in part on the work funded by this Contract, the author shall assure that the paper bears the following statement on the front cover or title page of the paper: THIS PAPER IS FUNDED ("IN PART" IF APPROPRIATE) BY A GRANT/COOPERATIVE AGREEMENT FROM THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. THE VIEWS EXPRESSED HEREIN ARE THOSE OF THE AUTHOR(S) AND DO NOT NECESSARILY REFLECT THE VIEWS OF NOAA OR ANY OF ITS SUB-AGENCIES. IX. EVENTS OF DEFAULT AND REMEDIES. 9.01. EVENTS. Each of the following shall constitute events of default (Events of Default) under this Contract: (a) Subrecipient's failure to comply with any term, covenant or provision contained in this Contract. (b) Subrecipient makes an assignment for the benefit of creditors or takes any similar action for the protection or benefit of creditors. (c) If at any time, Subrecipient makes any representation or warranty which is incorrect in any material respect in: (i) the Work Plan; (ii) any request for payment submitted to the GLO; or, (iii) any report submitted to the GLO related to the Contract. 9.02. REMEDIES. Upon the occurrence of any such Event of Default, the GLO shall be entitled to avail itself of any equitable or legal remedy. 9.03. NO WAIVER. No ;vaiver of any Event of Default shall be considered a waiver of any other or subsequent Event of Default, and no delay or omission in the exercise or enforcement of the tights and powers of the GLO shall be construed as a waiver of any such rights or powers. X. M1SCELEANEOUS PROVISIONS. I0.01. SUBCONTRACTS. Subrecipient may subcontract with other agencies and/or private entities for some or all of the services or work to be performed in connection with the Project. G[O Contract No 03-02 Page 7 of 9 Subrecipient shall legally bind any such subcontractors to perform and make such subcontractors subject to all the certifications, duties, requirements, and obligations of Subrecipient specified herein. Nothing herein shall be construed to relieve Subrecipient of the responsibility for insuring that the services and work rendered comply with all the terms and provisions of this Contract. Subrecipient will provide the GLO with copies of all subcontracts and all amendments, cancellations, or terminations to such subcontracts. 10.02. INDEMNITY. SUBRECIPIENT AGREES TO INDEMNIFY AND HOLD THE GLO HARMLESS, TO THE FULL EXTENT PERMITTED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING FROM THE NEGLIGENT ACTS OR OMISSIONS OF SUBRECIPIENT, ITS EMPLOYEES OR AGENTS IN CONNECTION WITH THE PERFORMANCE OF SERVICES OR WORK BY SUBRECIPIENT OR ITS SUBCONTRACTORS UNDER THIS CONTRACT. THE PROVISIONS OF THIS SECTION 10.02 SHALL SURVIVE TERMINATION OF THIS CONTRACT. THIS SECTION 10.02 SHALL NOT BE CONSTRUED AS VIOLATING THE PROVISIONS OF TEX. CONST. ART. Ill §52. 10.03. HISTORICALLY UNDERUTILIZED BUSINESSES. In accordance with state law, it is the GLO's policy to assist historically underutilized businesses (HUB's), whether minority or women-owned, to participate whenever possible in providing goods and services to the GLO. The GLO encourages those parties with whom it contracts for the provision of goods and services to adhere to this same policy in selecting sub-Subrecipients to assist in fulfilling Subrecipient's obligations with the GLO. Subrecipient will provide the Purchasing Department of the GLO with pertinent details of any participation by a HUB in fulfilling thc duties and obligations ahsing under this Contract. 10.04. ENTIRE AGREEMENT. This Contract constitutes the entire agreement of the parties. No other agreement, statement, or promise that is not contained in this Contract shall be binding except a subsequent written modification signed by both parties. 10.05. GOVERNING LAW AND VENUE. This Contract shall be governed and construed in accordance with the laws of Texas. Venue of any suit for breach of this Contract shall be fixed in any court of competent iurisdiction in Austin~ Travis Coun~, ~ Texas. 10.06. SEVERABILITY. Should any one or more provisions of this Contract be held to be void, voidable, or for any reason whatsoever of no lbrce and effect, such provision(s) shall be construed as severable from the remainder of this Contract and shall not affect the validity of all other provisions of this Contract, which shall remain in full force and effect. 10.07. HEADINGS. The headings contained in this Contract are for reference purposes only and shall not in any way affect the meaning or interpretation of this Contract. <Remainder of page intentionally left blank.> GLO Contract No 03-02I Page 8 of 9 10.08. NOTICES. Any notice required or permitted to be delivered under this Contract shall be deemed delivered when deposited in the United States mail, postage prepaid, certified mail, remm receipt requested, addressed to the GLO or Subrecipient, as the case may be, at the address set forth below: GLO: General Land Office Resource Management Program Area 1700 N. Congress Ave. Austin, Texas 78701-1495 Attention: Ms. Melissa Porter Subrecipient: City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401-2120 Attention: Ms. Patricia Garcia Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. Either party may change its address for notice by written notice to the other party as herein provided. 10.09. SURVIVAL. Sections 2.02, 3.03, 6.01, 6.02, 6.03, 8.0I, 8.02, 10.0l, 10.02 and 10.05 shall survive termination of this Contract as continuing agreements and obligations of Subrecipient. GENERAL LAND OFFICE CITY OF CORPUS CHRISTI Larry L. Laine, Chief Clerk/ Deputy Land Commissioner Date of e~ By: David R. Garcia Title: City Manager Date of execution: (iLO Contract No 03-021 Page 9 of 9 ORDINANCE APPROPRIATING $60,000 FROM THE TEXAS GENERAL LAND OFFICE IN THE NO. 1050 FEDERAL/STATE GRANT FUND TO DEVELOP ENGINEERING PLANS AND SPECIFICATIONS FOR PUBLIC ACCESS TO THE UNIVERSITY MARINA BEACH PARK LOCATED ON OCEAN DRIVE ADJACENT TO TEXAS A&M UNIVERSITY-CORPUS CHRISTI AND TO CONDUCT BEACH SURVEYS TO MONITOR THE BEACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $60,000 from the Texas General Land Office is appropriated in the No. 1050 Federal/State Grant Fund to develop engineering plans and specifications for public access to the University Marina Beach Park located on Ocean Drive adjacent to Texas A&M University-Corpus Christi and conduct beach surveys to monitor the beach. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: February 4, 2003 Lisa Aguilar L) Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 11, 2003 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to execute all documents necessary to accept a grant of $60,000 (contract # 03-027) from the Texas General Land Office (GLO) to construct a boardwalk on Corpus Christi Beach; and B. Ordinance appropriating $60,000 from the Texas General Land Office in the No. 1050 Federal/State Grant fund to construct a boardwalk on Corpus Christi Beach; and declaring an emergency. ISSUE: Accepting the grant and appropriating funds require Council Action. REQUIRED COUNCIL ACTION: Acceptance of the GLO grant (contract #03-027) and appropriating $60,000 PREVIOUS COUNCIL ACTION: Authorization to submit grant application. FUNDING: Texas General Land Office -Coastal Management Program, Cycle 7 CONCLUSION AND RECOMMENDATION: Staff recommends approval of motion and ordinance. (Depart-mer{t Head Signature) Attachments BACKGROUND INFORMATION The City of Corpus Christi, in partnership with the Corpus Christi Beach Association (CCBA), a non-profit organization, will construct a 4,300 foot long and 10 foot wide boardwalk, which will connect businesses and tourist attractions on Corpus Christi Beach. Preliminary plans have been developed for the boardwalk and the most environmentally appropriation has been selected. The boardwalk will stretch along the public beach in the public right of way at the edge of the property lines from U.S.S. Lexington to Las Brisas Condominium. The City of Corpus Christi will retain ownership of the boardwalk and maintain the boardwalk. The City of Corpus Christi and CCBA will construct the boardwalk in two phases with this grant funding the first phase, which should be completed by August 2003. The first phase will include the construction of 1,600 feet of boardwalk from Las Brisas Condominiums to Burleson Road. The boardwalk will be constructed of concrete, due to its minimal maintenance, Iow cost and lowest susceptibility to hurricane damage. The boardwalk will be 10 feet wide and Amedcan with Disabilities Act (ADA) compliant. It will be accessodzed with seating along the beach, trashcans, signage for ADA access and benches. The Corpus Christi Beach Association will provide the 40% match require by the grant and will be seeking sponsorships and donations to complete the second phase of the boardwalk and landscaping with native plants. The contract is effective as of the date of execution and will terminate by Mamh 31, 2004. February 4, 2003 Mr. David R. Garcia, City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Reference: Texas General Land Office-Coastal management Program, Cycle 7 Grant Dear Mr. Garcia: The Corpus Christi Beach Association (CCBA) is very excited that the construction of the boardwalk will began very soon. The CCBA agrees to provide the $40,000 cash match and an in-kind donation of $10,000 for the Corpus Christi Beach Boardwalk. We would like to express our appreciation for the City's efforts in helping the Association obtain the funding needed to construct the boardwalk. The project will link together the beach, hotels, motels, retail location, and tourist attractions as well as attract businesses to the area and revitalize the beach area. The CCBA looks forward to participating in the construction of the boardwalk, which will be an asset to our community. Sincerely, Maria Davis, President CCBA CCBn I PO Box ~ I CORPUS CHRZSTZ, TEXnS 78403 'W~V. CCBO~RDWRLK.HO~ESTERD,CO~ GENERAL LAND ©FFICE JERRY PATrERSON~ COMMISSIONER January 28, 2003 Ms. Patricia Garcia City of Corpus Christi 1201 Leopard Street, 5th Floor Corpus Christi, TX 78401 RE: General Land Office Contract No. 03-027 Dear Ms. Garcia: Enclosed are duplicate originals of the referenced contract between the City of Corpus Christi and the General Land Office. Please sign each original where indicated (three places each) and return them both to me. I will have them finally executed, and will promptly return one to you for your files. If you have any questions, please do not hesitate to contact me at (512) 475-2225, or via electronic mail at i udy.coover(a~glo.state.tx.us. Sincerely, ~Contracts Liaison Legal Services Division JC/jc enclosure Stephen E Austin Building · 1700 North Congress Avenue · Austin, Texas 78701-1495 Post Office Box 12873 · Austin, Texas 78711-2873 512 463-5001 · 800-998-4GLO wxwv. glo.state.tx.us GLO Contract No. 03-027 SUBRECIPIENT GRANT AGREEMENT COASTAL MANAGEMENT PROGRAM, CYCLE 7 THIS SUBRECIPIENT GRANT AGREEMENT (Contract) is entered into by and between the General Land Office (GLO), a State agency, and the City of Corpus Christi, Texas (Subrecipient). I. FINANCIAL ASSISTANCE. 1.01. GRANT APPLICATION. Subrecipient has made application for "Coastal Management Program, Cycle 7" grant funds, to be made available to the State of Texas by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, pursuant to the Federal Coastal Zone Management Act of 1972, 16 U.S.C. §1451, ct seq., National Oceanic and Atmospheric Administration (NOAA) Award No. NAI7OZ2353 (NOAA Grant). The grant funds are limited to use for implementation of a coastal zone management project (Project) under flae Texas Coastal Management Program (CMP), administered by thc GLO (as Coastal Zone Management Awards, CFDA #11.419) pursuant to TEX. NAT. RES. CODE ANN. §33.052 and §33.204 (Vernon 2001 & Supp. 2002), in coordination with the Coastal Coordination Council (CCC). 1.02. WORK PLAN. The Project shall strictly conform with the work plan and special conditions contained in Attachment A, which is attached and incorporated herein for all purposes (Work Plan). Deliverables and due dates included in the Work Plan may be amended upon written request and justification by Subrecipient to the GLO CMP Grant Administrator. 1.03. LAND ACQUISITIONS. In thc cvent that private land is to be acquired with grant funds, Subrecipient shall have the parcel of land surveyed by a Licensed State Land Surveyor and shall record the survey in the records of the County Surveyor (or the records of the County Clerk if there is no County Surveyor) of the county in xvhich the land is located. The title document for acquired land must be signed by a State or local government official attesting that such land is publicly owned. In addition, Subrecipient shall encumber the land xvith a conservation easement, in a form acceptable to the GLO, which will protect the land and its natural resources and preserve the public use and benefit of the land. For good cause shown, this requirement for a conservation easement may be waived or modified by a mutual agreement of the parties hereto. All appraisals performed in com~ection with the acquisition of land under this section shall be completed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions. GI.O Cont]act No 03-027 Page I of 9 1.04. CONSTRUCTION. Any construction that will be undertaken with funding from this Contract shall be completed in compliance with final engineering specifications, construction plans, and/or arctfitectural plans approved by the GLO or the CCC. 1.05. LICENSES. Subrecipient shall be solely and entirely responsible for procuring all appropriate licenses and permits which may be required by any competent authority for the performance of the work or services to be performed by Subrecipient. Copies of such licenses and permits shall be included as a part of the progress report for the period during which they are obtained. Subrecipient shall not commence construction of the Project until it has obtained the requisite licenses and/or permits. 1.06. SIGNAGE. Subrecipient's projcct site shall be identified by temporary signs which contain the following language: CONSTRUCTION OF THIS FACILITY WAS MADE POSSIBLE BY A GRANT UNDER THE COASTAL ZONE MANAGEMENT ACT OF 1972, AS AMENDED, AND AWARDED BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AND ADMINISTERED THROUGH THE COASTAL COORDINATION COUNCIL AND THE TEXAS COASTAL MANAGEMENT PROGRAM. In addition, for those projects which includc land acquisition, construction of facilities or other permanent structures, Subrecipient shall crcct peru~anent signs, to be provided by GLO, which will identify the existence of the Projcct. 1.07. PROGRESS REPORTS. Subrecipient shall submit progress reports monthly, which must be received by the GLO on or before the 10th day of each calendar month during the term of this Contract, commencing March 10, 2003 (Progress Reports). Progress Reports shall be submitted on the "Progress Report" form attached hereto as Attachment B, and shall include a brief statement of the overall progress of each task identified on the Work Plan since the last progress report; a brief description of any problems that have been encountered during the previous reporting period that will affect the Work Plan, delay the completion of any portion of this Contract or inhibit the completion of or cause a change in any of the Work Plan objectives; a description of any action Subrecipient plans to undertake to correct any problems that have been encountered; and a status report on the "Budget," as hereinafter defined. Any request for change of work and scope from the originally awarded project must be approved by both the CCC and NOAA and may cause delays in project progress. All changes must be submitted in writing and include justification of actions. Any costs incurred while waiting for approval of requested changes are the responsibility of Subrecipient. The GLO will inform Snbrecipient upon final approval of the changes. GLO Contract No 03-027 Page 2 of r) 1.08. DELIVERABLES. Subrecipient shall deliver to the GLO two (2) complete copies of each of the deliverables set forth in the Work Plan, in the time and manner prescribed therein. The GLO may require Subrecipient to conform any data or products funded under this Contract to reflect GLO comments. II. GRANT FUNDS. 2.01. GRANT. Subject to the NOAA Grant and the terms and conditions of this Contract, the GLO agrees to grant to Subrecipient an amount not to exceed Sixty Thousand and No/100 Dollars ($60,000.00), payable in installments as reimbursement of allowable expenses incurred by Subrecipient in connection with Subrecipient's performance of the Project. The allowable expenses will be reimbursed to Subrecipient in accordance ~vith the budget (Budget) included herein as a part of Attachment A and incorporated herein for all purposes. The GLO will not provide reimbursement for any expenses not contained in the Budget. THE GLO IS NOT LIABLE TO SUBRECIPIENT FOR ANY COSTS INCURRED BY SUBRECIPIENT BEFORE THE EFFECTIVE DATE OF THIS CONTRACT OR AFl?ER TERMINATION OF THIS CONTRACT. 2.02. RECAPTURE. It is expressly understood and agreed by Subrecipient that the GLO shall have the right to recapture and have reimbursed to the GLO any payments made by the GLO under this Contract that Subrecipient has not used in strict accordance with this Contract. 2.03. VARIANCE. Upon written request and justification by Subrecipient to the GLO CMP Grant Administrator, informal budget flexibility among the Budget categories, for both the CMP and local budgets, may be allo~ved to the extent that the resulting transfer between categories does not exceed 10% of the total Budget. Any request for variance in excess of the allowed 10% shall be submitted to the GLO CMP Grant Administrator on the GLO Budget Amendment form attached hereto as Attachment C and, if approved, such amended Budget shall substitute the existing Budget in Attachment A to this Contract. 2.04. PURCHASES. Subrecipient shall not purchase any equipment and/or computer software not included as a reimbursable Budget item in Attachment A. Equipment is defined as tangible personal property having a useful life of more than one year and an acquisition cost of Five Thousand and No/100 Dollars ($5,000.00) or more per unit. Title and possession of any equipment will remain the property of Subrecipient unless and until transferred to the GLO, upon written request by the GLO, upon termination or completion of the Contract. 2.05. DISPOSITION OF EQUIPMENT. The disposition of any equipment purchased with an acquisition cost of Five Thousand and No/100 Dollars ($5,000.00) or more per trait shall follow the Uniform Grants Management Standard Guidelines. IlL PAYMENT PROCEDURES. 3.01. SUBMISSION. Each request for reimbursement shall (i) be on the approved GLO forms attached hereto as Attachment D.; (ii) be supported by an invoice detailing each expense by Budget category in accordance with Attachment A; and (iii) provide such other information as the GLO GLO Contract No 03 027 Page 3 of 9 may request. Each invoice shall be supported by copies of receipts, cancelled checks, and such other documentation which, in the judgment of the GLO, allows for full substantiation of the costs incurred. Requests for payment may be submitted monthly on or before the 10th day of each calendar month and shall be sent care of the Attn: GLO Accounts Payable Division, P.O. Box 12873, Austin, Texas 78711-2873. Requests for reimbursement under this Contract must be received by the GLO not later than sixty (60) days from the date Subrecipient incurs the expense. Failure by Subrecipient to comply in a timely manner with this requirement may, at the GLO's sole discretion, result in denial of the request for reimbursement. 3.02. MATCH. Submcipient must include match fund justification with request for payment invoices submitted on the approved GLO forms attached hereto as Attachment D-1. Match must be clearly identified and may be submitted regardless of payment request need. Payment requests may be denied if proper match has not been submitted with the payment request. Each invoice shall be supported by copies of receipts, cancelled checks, and such other documentation which, in the judgment of the GLO, allows for full substantiation of the costs incurred. 3.03. RETAINAGE. To ensure full perfom~ance, the GLO may withhold an amount equal to ten pement (10%) of the Budget until Subrecipient's delivery and GLO's approval of all deliverables required herein. The GLO shall make a final disbursement only upon receipt of documentation sufficient to determine that Subrecipient has completed the project in accordance with the Work Plan and that all requirements of this Contract and the relevant provisions of the NOAA Grant have been fulfilled by Subrecipient. 3.04. BOOKS AND RECORDS. Subrecipient shall maintain and cause any subcontractors to maintain satisfactory financial accounting documents and records and shall make them available for examination and audit by the GLO or other agencies of the state or federal government with relevant jurisdiction. The GLO reserves the right to audit any of Subrecipient's accounts related to this Contract and to verify any expense item submitted for reimbursement by Subrecipient. Subrecipient ~vill permit the GLO (and its agents) or other agencies of the state or federal government with relevant jurisdiction to inspect any aa~d all pertinent records, files, information, and other written materials pertaining to the expenditure of funds under this Contract. Subrecipient further agrees to maintain and cause any subcontractors to maintain, keep, and preserve all such records for a period of three (3) years from the date of notification that funding for the NOAA Grant has ended, and to make the records available to the GLO (and its agents) or other agencies of the state or federal government with relevant jurisdiction for purposes of audit. Subrecipient shall refund to the GLO within ten (10) days of receipt of a written request by the GLO any sum of money which has been paid by the GLO to Subrecipient which the GLO determines: (i) has resulted in overpayment to Subrecipient; or (ii) has not been spent strictly in accordance with the terms of this Contract. IV. TERM OF CONTRACT. 4.01. TERM. This Contract shall be effective as of the date the last party executes this Contract, and shall terminate upon completion of the Project or on March 31, 2004, whichever occurs first. Upon receipt of a xvr/tten request and acceptable justification from Subrecipient, the GLO, upon approval from NOAA, may allo~v one extension of this term for a GLO Contract No 03-027 Page 4 of 9 period not to exceed three (3) months. This extension request must be received by the GLO Grant Administrator at least 45 days before contract termination. 4.02. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the GLO may require the issue(s) be mediated. In such event, the GLO shall so notify Subrecipient and furnish Subrecipient with the names of three mediators acceptable to the GLO. Within ten (10) days of such notice, Subrecipient shall select a mediator from the list provided by the GLO and notify the GLO. The mediation shall occur within thirty (30) days of such notification. Prior to the mediation, each party will provide the mediator with a statement of issues to be mediated, along with any other information/releases required by the mediator. Cost of the mediator shall be borne equally by the parties. Any dispute resolution shall be conducted in accordance with TEX. GOV'T CODE ANN. § §2260.001 - 2260.108 (Vernon 2000 & Supp. 2002). 4.03. EARLY TERMINATION. The GLO may terminate this Contract upon thirty (30) days' prior written notice to Subrecipient. Upon receipt of notice of early termination Subrecipient shall cancel, withdraw, or otherwise terminate outstanding orders or subcontracts which relate to the performance of this Contract and shall otherwise cease to incur costs under this Contract. Early ternfination will be subject to an equitable settlement of the respective interests of the parties accrued up to the date of termination. V. FUNDING. 5.01. APPROPRIATIONS. This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation ofTEx. CONST. art. llI, §49. In compliance with TEX. CONST. art. vm, §6, it is understood that all obligations of the GLO are subject to the availability of funds. The GLO has disclosed to Subrecipient that funding for this Contract is being provided by the NOAA Grant, and if such funding is not obtained, this Contract shall be void or if such funding becomes unavailable, this Contract may be terminated, subject to the equitable settlement of the parties' respective interests accrued up to the date of termination. VI. ASSURANCES AND CERTIFICATIONS. 6.01. INCORPORATION BY REFERENCE. Incorporated by reference the same as if specifically written herein are the roles, regulations, and all other requirements imposed by law, including but not limited to compliance with those applicable rules and regulations of the State of Texas and the federal government, including those contained in the NOAA Grant, all of which shall apply to the performance of the work under this Contract. 6.02. COMPLIANCE WITH LAWS. Subrecipient shall complete and return the Assurances- Construction/Non-Construction Programs form attached hereto as Attachment E, assuring that it will comply with all Federal Statutes listed thereon and, when applicable, shall obtain completed assurance of compliance forms from its subcontractors. GLO Contract No. 03-027 Page 5 of 9 6.03. DEBARMENT. Subrecipient shall complete and return the Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion attached hereto as Attachment F, certifying that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the NOAA Grant by any federal department or agency and shall obtain certifications from all its subcontractors. 6.04. CONSISTENCY. Subrecipient shall complete the requirements of this Contract in compliance with the CMP goals and policies and shall assure that the performance of all subcontractors is in compliance with the CMP. VII. DATA COLLECTION AND DELIVERY. 7.01. GEOGRAPHIC INFORMATION SYSTEMS. Data, databases, and products associated with electronic Geographic Inforn~ation Systems (GIS) that have been collected, manipulated, or purchased with CMP grant funds and/or local match funds will be subject to all applicable terms of the Texas Geographic Information Standards of the Texas Geographic Information Cotmcil (TGIC) and Texas Administrative Code (TAC) §201.6, Planning and Management of Information Resources Technologies, Geographic lnfom~ation Standards. The 2001 Geographic Information Standards Rule is available on the World Wide Web at www.tgic.state.tx.us/standards/index.htm, or by writing to Department of Information Resources (DIR), P.O. Box 13564, Austin, Texas, 78711, e-mail TGICHELP(~dir.state.tx.us. 7.02. TRANSFER OF DATA. Any GIS data to be transferred or exchanged that is collected, manipulated, or purchased with fimds from this Contract must be documented as specified in the Federal Geographic Data Committee (FGDC) document Content Standard for Digital Geospatial Metadata, Version 2 (FGDC-STD-001-19983 or later. The federal metadata standard is available on the World Wide Web at www.fgdc.gov/metadata. 7.03. FORMAT. Many Texas state agencies, including the GLO, have adopted Environmental Systems Research Institute, Inc. (ESRI) products---Arclnfo, ArcView, etc.--as in-house GIS softxvare. This is NOT an endorsement of these, or any other, products; however, any electronic spatial data collected, manipulated, or purchased with CMP grant funds and/or local match funds shall be transferred in a mutually-acceptable GIS format, along with appropriate documentation. Nonspatial data (text or database) deliverables must be delivered In MS Word, WordPerfect, dBase (.dbf), or ASCII formats. Acceptable media for delivery include floppy disks, Zip disks, and CD- ROMs. VIII. COPYRIGItT AND PUBLICATION. 8.01. COPYRIGHT. Subrecipient shall not assert any rights at con~rnon law, in equity or other~vise seek to establish any claim to statutory copyright in any material or information developed under this Contract. The parties expressly agree that the GLO shall own all right, title, and interest in and to any copyright or other intellectual property rights and any material or information developed under this Contract, including but not limited to the right to use, reproduce or publish ashy or all of such information and other materials without the necessity of obtaining permission from Subrecipicnt and without expense or charge. GL(3 Contract No 03-027 ['age 6 of 9 8.02. PUBLICATION. If Subrecipient or its employee(s) use NOAA financial assistance to publish reports and other materials completed as a result of this Contract, the author shall assure that the paper bears the following statement as well as the NOAA and CMP logos on the front cover or title page of such document and other materials: A PUBLICATION (OR REPORT) OF THE COASTAL COORDINATION COUNCIL PURSUANT TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AWARD NO. NA17OZ2353. If Subrecipient or its employee(s) use NOAA financial assistance to publish a paper based in whole or in part on the work funded by this Contract, the author shall assure that the paper bears the following statement on the front cover or title page of the paper: THIS PAPER IS FUNDED ("IN PART" IF APPROPRIATE) BY A GRANT/COOPERATIVE AGREEMENT FROM THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. THE VIEWS EXPRESSED HEREIN ARE THOSE OF THE AUTHOR(S) AND DO NOT NECESSARILY REFLECT THE VIEWS OF NOAA OR ANY OF ITS SUB-AGENCIES. IX. EVENTS OF DEFAULT AND REMEDIES. 9.01. EVENTS. Each of the following shall constitute events of default (Events of Default) under this Contract: (a) Subrecipient's failure to comply with any term, covenant or provision contained in this Contract. (b) Subrecipient makes an assignment for the benefit of creditors or takes any similar action for the protection or benefit of creditors. (c) If at any time, Subrecipient makes any representation or warranty which is incorrect in any material respect in: (i) the Work Plan; (ii) any request for payment submitted to the GLO; or, (iii) any report submitted to the GLO related to the Contract. 9.02. REMEDIES. Upon the occurrence of any such Event of Default, the GLO shall be entitled to avail itself of any equitable or legal remedy. 9.03. NO WAIVER. No ~vaiver of any Event of Default shall be considered a waiver of any other or subsequent Event of Default, and no delay or omission in the exercise or enforcement of the rights and powers of the GLO shall be construed as a waiver of any such rights or powers. GLO Contract No. 03-027 Page 7 of 9 X. MISCELLANEOUS PROVISIONS. 10.01. SUBCONTRACTS. Subrecipient may subcontract with other agencies and/or private entities for some or all of the services or work to be performed in connection with the Project. Subrecipient shall legally bind any such subcontractors to perform and make such subcontractors subject to all the certifications, duties, requirements, and obligations of Subrecipient specified herein. Nothing herein shall be construed to relieve Subrecipient of the responsibility for insuring that the services and work rendered comply with all the terms and provisions of this Contract. Subrecipient will provide the GLO ~vith copies of all subcontracts and all amendments, cancellations, or terminations to such subcontracts. 10.02. INDEMNITY. SUBRECIPIENT AGREES TO INDEMNIFY AND HOLD THE GLO HARMLESS, TO THE FULL EXTENT PERMITTED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING FROM THE NEGLIGENT ACTS OR OMISSIONS OF SUBRECIPIENT, ITS EMPLOYEES OR AGENTS IN CONNECTION ~VITH THE PERFORMANCE OF SERVICES OR WORK BY SUBRECIPIENT OR ITS SUBCONTRACTORS UNDER THIS CONTRACT. THE PROVISIONS OF THIS SECTION 10.02 SHALL SURVIVE TERMINATION OF THIS CONTRACT. THIS SECTION 10.02 SHALL NOT BE CONSTRUED AS VIOLATING THE PROVISIONS OF TEX. CONST. ART. Ill §52. 10.03. HISTORICALLY UNDERUTILIZED BUSINESSES. In accordance with state law, it is the GLO's policy to assist historically underutilized businesses (HUB's), whether minority or women-owned, to participate whenever possible in providing goods and services to the GLO. The GLO encourages those parties with whom it contracts for the provision of goods and services to adhere to this same policy in selecting sub-Subrecipients to assist in fulfilling Subrecipient's obligations with the GLO. Subrecipient will provide the Purchasing Department of the GLO with pertinent details of any participation by a HUB in fulfilling the duties and obligations arising under this Contract. 10.04. ENTIRE AGREEMENT. This Contract constitutes the entire agreement of the parties. No other agreement, statement, or promise that is not contained in this Contract shall be binding except a subsequent written modification signed by both parties. 10.05. GOVERNING LAW AND VENUE. Tiffs Contract shall be governed and construed in accordance with the laws of Texas. Venue of any suit for breach of this Contract shall be fixed in any court of competent iurisdiction in Austin~ Travis County~ Texas. 10.06. SEVERABILITY. Should any one or more provisions of this Contract be held to be void, voidable, or for any reason whatsoever of no force and effect, such provision(s) shall be construed as severable from the remainder of this Contract and shall not affect the validity of all other provisions of this Contract, which shall remain in full force and effect. GLO ¢ontract No. 03-027 Page 8 of 9 10.07. HEADINGS. The headings contained in this Contract are for reference purposes only and shall not in any way affect the meaning or interpretation of this Contract. 10.08. NOTICES. Any notice required or permitted to be delivered under this Contract shall be deemed delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the GLO or Subrecipient, as the case may be, at the address set forth below: GLO: General Land Office Resource Management Program Area 1700 N. Congress Ave. Austin, Texas 78701- 1495 Attention: Ms. Melissa Porter Subrecipient: City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401-2120 Attention: Ms. Patricia Garcia Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. Either party may change its address for notice by written notice to the other party as herein provided. 10.09. SURVIVAL. Sections 2.02, 3.03, 6.01, 6.02, 6.03, 8.01, 8.02, 10.01, 10.02 and 10.05 shall survive termination of this Contract as continuing agreements and obligations of Subrecipient. GENERAL LAND OFFICE CITY OF CORPUS CHRISTI Larry L. Laine, Chief Clerk/ Deputy Land Commissioner Date o f ,e, xecut~. By: David R. Garcia Title: City Manager Date of execution: GLO Contract No. 03-027 Page 9 of 9 ATTACHMENT A GLO Contract No. 03-027 WORK PLAN ATTACHMENT A GLO Contract No. 03 027 R Page 1 ol' 2 Attachment A - Work Plan and Budget Project Name: Corpus Christi Beach Boardwalk Entity: City of Corpus Christi Project Description: Pedestrian access to the Corpus Christi beach area along Surfside Boulevard is limited. The beach is separated from the street by development and three public parking areas along Surfside Boulevard. Surfside Boulevard does not have shoulders or sidewalks and is dangerous for pedestrians. The disabled and others that have difficulty navigating the beach do not have the ability to walk along the entire beach and apl~reciate the natural resources in the Corpus Christi area. The City of Corpus Christi, in partnership with the Corpus Christi Beach Association (CCBA), a non-profit organization, have plans to construct a 4,300 foot long and 10 foot wide boardwalk, which will connect businesses and tourist attractions on Corpus Christi Beach. Preliminary plans have been developed for the boardwalk and the most environmentally appropriate location has been selected. The boardwalk will sa'etch along the public beach in the public fight of way at the edge of the property lines from the U.S.S. Lexington to Las Brisas Condominiums. The City of Corpus Christi will retain ownership of the boardwalk and maintain the boardwalk. The City of Corpus Christi and CCBA will construct the boardwalk in two phases, each phase costing approximately $110,000. The first phase will include the construction of 1,600 feet of boardwalk from Las Brisas Condominiums to Burleson Road. This phase will begin January 2003 and will be completed by August 2003. This CMP Grant Cycle 7 project will fund this first phase of the boardwalk. The boardwalk will be constructed of concrete, due to its minimal maintenance, low cost and lowest susceptibility to hurricane damage. The boardwalk will be 10 feet wide and American with Disabilities Act (ADA) compliant. It will be accessorized with seating along the beach, trashcans, signage for ADA access and benches. The CCBA is committed to providing the 40% match requirement and seeking sponsorships and donations to complete the second phase of the boardwalk and landscaping with native plants. Project Budget: CMP $ Local $ Other $ Total Budget $ Salaries $0.00 $2,728.00 $0.00 $2,728.00 Fringe Benefits $0.00 $491.00 $0.00 $491.00 Travel $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $60,000.00 $0.00 $50,000.00 $110,000.00 Other $0.00 $0.00 $2,000.00 $2,000.00 Sub-Total $60,000.00 $3,219.00 $52,000.00 $115,219.00 Indirect Costs: $0.00 $409.00 $0.00 $409.00 Total: $60,000.00 $3,628.00 $52,000.00 $115,628.00 Attachment A - Work Plan and Budget ATTACHMENT A GLO Contract No. 03-027 R Page2 of 2 Special Award Conditions: 1. This project must be completed as described in this work plan. Any changes in the scope of work or requests for budget amendments exceeding 10% of the total project cost must be approved by NOAA and the CCC. These requests will cause the project to be delayed. 2. Clearance from the Texas Historical Commission must be obtained and submitted to the GLO before construction may begin. Task I Description: Develop plans and specifications The City of Corpus Christi and the CCBA will finalize plans and specifications for the constuction of the boardwalk. Deliverable and Due Dates: Copy of plans and specifications for the first phase of the boardwalk. Deliverable Due Date: Month 2 Task 2 Description: Project construction The City of Corpus Christi will advertise for bids and select a construction contractor to construct a 1600 fi. X 10 ft. boardwalk with benches, seats, signage and trashcans. Deliverable and Due Dates: Copies of bid advertisement; bids received; executed construction contract; and photos of completed project. Deliverable Due Date: Month 14 GLO Contract No. 03-027 SUBRECIPIENT GRANT AGREEMENT COASTAL MANAGEMENT PROGRAM, CYCLE 7 THIS SUBRECIPIENT GRANT AGREEMENT (Contract) is entered into by and between the General Land Office (GLO), a State agency, and the City of Corpus Christi, Texas (Subrecipient). I. FINANCIAL ASSISTANCE. 1.01. GRANT APPLICATION. Subrecipient has made application for "Coastal Management Program, Cycle 7" grant funds, to be made available to the State of Texas by the U.S. Depmtment of Commerce, National Oceanic and Atmospheric Administration, pursuant to the Federal Coastal Zone Management Act of 1972, 16 U.S.C. §1451, et seq., National Oceanic and Atmospheric Adnfinistration (NOAA) Award No. NA17OZ2353 (NOAA Grant). The grant funds are limited to use for implementation of a coastal zone management project (Project) under the Texas Coastal Management Program (CMP), administered by the GLO (as Coastal Zone Management Awards, CFDA #11.419) pursuant to TEX. NAT. RES. CODE ANN. §33.052 and §33.204 (Vernon 2001 & Supp. 2002), in coordination with the Coastal Coordination Council (CCC). 1.02. WORK PLAN. The Project shall strictly conform with the work plan and special conditions contained in Attachtncnt A, which is attached and incorporated herein for all purposes (Work Plan). Deliverables and duc dates included in the Work Plan may be amended upon written request and justification by Subrecipicnt to the GLO CMP Grant Administrator. 1.03. LAND ACQUISITIONS. In the event that private land is to be acquired with grant funds, Subrecipient shall have thc parcel of land surveyed by a Licensed State Land Surveyor and shall record the survey in the records of thc County Surveyor (or the records of the County Clerk if there is no County Surveyor) of the county in which the land is located. The title document for acquired land must be signed by a State or local government official attesting that such land is publicly owned. In addition, Subrecipient shall encumber the land with a conservation easement, in a form acceptable to the GLO, ~vhich will protect the land and its natural resources and preserve the public use and benefit of the land. For good cause shown, this requirement for a conservation easement may be waived or modified by a mutual agreement or'the pm~ties hereto. All appraisals performed in cotmection with the acquisition of land under this scction shall be completed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions. I~I,O ( ontract No 034)27 Page I of 0 1.04. CONSTRUCTION. Any construction that will be undertaken with funding from this Contract shall be completed in compliance with final engineering specifications, construction plans, and/or architectural plans approved by the GLO or the CCC. 1.05. LICENSES. Subrecipient shall be solely and entirely responsible for procuring all appropriate licenses and permits which may be required by any competent authority for the performance of the work or services to be performed by Subrecipient. Copies of such licenses and permits shall be included as a part of the progress report for the period during which they are obtained. Subrecipient shall not commence construction of the Project tmtil it has obtained the rcquisite licenses and/or permits. 1.06. SIGNAGE. Subrecipient's project site shall be identified by temporary signs which contain the following language: CONSTRUCTION OF THIS FACILITY WAS MADE POSSIBLE BY A GRANT UNDER THE COASTAL ZONE MANAGEMENT ACT OF 1972, AS AMENDED, AND AWARDED BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AND ADMINISTERED THROUGH THE COASTAl, COORDINATION COUNCIL AND THE TEXAS COASTAL MANAGEMENT PROGRAM. In addition, for those projects xvhich include land acquisition, construction of facilities or other permmaent structures, Subrecipient shall erect permanent signs, to be provided by GLO, which will identify the existence of the Project. 1.07. PROGRESS REPORTS. Subrecipient shall submit progress reports monthly, ;vhich must be received by the GLO on or before the 10th day of each calendar month during the term of this Contract, commencing March 10, 2003 (Progress Reports). Progress Reports shall be submitted on thc "Progress Report" form attached hereto as Attachment B, and shall include a brief statement of the overall progress of each task identified on the Work Plan since the last progress report; a brief description of any problems that have been encountered during the previous reporting period that ;vill affect the Work Plan, delay the completion of any portion of this Contract or inhibit the completion of or cause a change in any of the Work Plan objectives; a description of any action Subrecipient plans to undertake to con'ect any problems that have been encountered; and a status report on the "Budget," as hereinafter defined. Any request for change of work and scope from the originally awarded project must be approved by both the CCC and NOAA and may cause delays in project progress. All changes must be submitted in writing and include justification of actions. Any costs incurred while waiting for approval of requested changes are the responsibility of Subrecipient. The GLO will inform Snbrecipient upon final approval of the changes. GLO Contract No 03-027 Page 2 of 9 1.08. DELIVERABLES. Subrecipient shall deliver to the GLO two (2) complete copies of each of the deliverables set forth in the Work Plan, in the time and manner prescribed therein. The GLO may require Subrecipient to conform any data or products fimded under this Contract to reflect GLO comments. 11. GRANT FUNDS. 2.01. GRANT. Subject to the NOAA Grant and the terms and conditions of this Contract, the GLO agrees to grant to Subrecipient an amount not to exceed Sixty Thousand and No/100 Dollars ($60,000.00), payable in installments as reimbursement of allowable expenses incurred by Subrecipient in connection with Subrecipient's performance of the Project. The allowable expenses will be reimbursed to Subrecipient in accordance with the budget (Budget) included herein as a part of Attachment A and incorporated herein for all purposes. The GLO will not provide reimbursement for any expenses not contained in the Budget. THE GLO IS NOT LIABLE TO SUBRECIPIENT FOR ANY COSTS INCURRED BY SUBRECIPIENT BEFORE THE EFFECTIVE DATE OF THIS CONTRACT OR AFTER TERMINATION OF THIS CONTRACT. 2.02. RECAPTURE. It is expressly understood and agreed by Subrecipient that the GLO shall have the right to recapture and have reimbursed to the GLO any payments made by the GLO under this Contract that Subrecipient has not used in strict accordance with this Contract. 2.03. VARIANCE. Upon written request and justification by Subrecipient to the GLO CMP Grant Administrator, informal budget flexibility among the Budget categories, for both the CMP mad local budgets, may be allo~ved to the extent that the resulting transfer between categories does not exceed 10% of the total Budget. Any request for variance in excess of the allowed 10% shall be submitted to the GLO CMP Grant Administrator on the GLO Budget Amendment form attached hereto as Attachment C and, if approved, such amended Budget shall substitute the existing Budget in Attachment A to this Contract. 2.04. PURCHASES. Subrecipient shall not purchase any equipment and/or computer software not included as a reimbursable Budget item in Attachment A. Equipment is defined as tangible personal property having a useful life of more than one year and an acquisition cost of Five Thousand and No/100 Dollars ($5,000.00) or more per unit. Title and possession of any equipment will remain the property of Subrecipient unless and until transferred to the GLO, upon written request by the GLO, upon termination or completion of the Contract. 2.05. DISPOSITION OF EQUIPMENT. The disposition of any equipment purchased with an acquisition cost of Five Thousand and No/100 Dollars ($5,000.00) or more per unit shall follow the Uniform Grants Management Standard Guidelines. III. PAYMENT PROCEDURES. 3.01. SUBMISSION. Each request for reimbursement shall (i) be on the approved GLO forms attached hereto as Attachment D; (ii) be supported by an invoice detailing each expense by Budget category in accordance with Attachment A; and (iii) provide such other information as the GLO GLO Contract No 03 027 Page 3 of 9 may request. Each invoice shall be supported by copies of receipts, cancelled checks, and such other documentation which, in the judgment of the GLO, allows for full substantiation of the costs incurred. Requests for payment may be submitted monthly on or before the 10th day of each calendar month and shall be sent care of the Attn: GLO Accounts Payable Division, P.O. Box 12873, Austin, Texas 78711-2873. Requests for reimbursement under this Contract must be received by the GLO not later than sixty (60) days from the date Subrecipient incurs the expense. Failure by Subrecipient to comply in a timely manner with this requirement may, at the GLO's sole discretion, result in denial of the request for reimbursement. 3.02. MATCH. Subrecipient must include match fund justification with request for payment invoices submitted on the approved GLO forms attached hereto as Attachment D-1. Match must be clearly identified and may be submitted regardless of payment request need. Payment requests may be denied if proper match has not been submitted with the payment request. Each invoice shall be supported by copies of receipts, cancelled checks, and such other documentation which, in the judgment of the GLO, allows for full substantiation of the costs incurred. 3.03. RETAINAGE. To ensure full performance, the GLO may withhold an amount equal to ten percent (10%) of the Budget until Subrecipient's delivery and GLO's approval of all deliverables required herein. The GLO shall make a final disbursement only upon receipt of documentation sufficient to determine that Subrecipient has completed the project in accordance with the Work Plan and that all requirements of this Contract and the rclevant provisions of the NOAA Grant have been fulfilled by Subrecipient. 3.04. BOOKS AND RECORDS. Subrecipient shall maintain and cause any subcontractors to maintain satisfactory financial accounting documents and records and shall make them available for examination and audit by the GLO or other agencies of the state or federal government with relevant jurisdiction. The GLO reserves the right to audit any of Subrecipient's accounts related to this Contract and to verify any expense item submitted for reimbursement by Subrecipient. Subrecipient will permit the GLO (and its agents) or other agencies of the state or federal govenunent with relevant jurisdiction to inspect any and all pertinent records, files, information, and other written materials pertaining to the expenditure of funds under this Contract. Subrecipient further agrees to maintain and cause any subcontractors to maintain, keep, and preserve all such records for a period of three (3) years from the date of notification that funding for the NOAA Grant has ended, and to make the records available to the GLO (and its agents) or other agencies of the state or federal government with relevant jurisdiction for purposes of audit. Subrecipient shall refund to the GLO within ten (10) days of receipt of a written request by the GLO any sum of money which has been paid by the GLO to Subrecipient which the GLO determines: (i) has resulted in overpayment to Subrecipient; or (ii) has not been spent strictly in accordance with the terms of this Contract. IV. TERM OF CONTRACT. 4.01. TERM. This Contract shall be effective as of the date the last party executes this Contract, and shall terminate upon completion of the Project or on March 31, 2004, whichever occurs first. Upon receipt of a written request and acceptable justification from Subrecipient, the GLO, upon approval from NOAA, may allow one extension of this term for a GL() Contract No 03-027 Page 4 of 9 period not to exceed three (3) months. This extension request must be received by the GLO Grant Administrator at least 45 days before contract termination. 4.02. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the GLO may require the issue(s) be mediated. In such event, the GLO shall so notify Subrecipient and furnish Subrecipient with the names of three mediators acceptable to the GLO. Within ten (10) days of such notice, Subrecipient shall select a mediator from the list provided by the GLO and notify the GLO. The mediation shall occur xvithin thirty (30) days of such notification. Prior to the mediation, each party will provide the mediator with a statement of issues to be mediated, along with any other information/releases required by the mediator. Cost of the mediator shall be borne equally by the parties. Any dispute resolution shall be conducted in accordance with TEX. GOV'T CODE ANN. §§2260.001 - 2260.108 (Vernon 2000 & Supp. 2002). 4.03. EARLY TERMINATION. The GLO may temfinate this Contract upon thirty (30) days' prior written notice to Subrecipient. Upon receipt of notice of early termination Subrecipient shall cancel, withdraw, or otherwise terminate outstanding orders or subcontracts which relate to the performance of this Contract and shall otherwise cease to incur costs under this Contract. Early termination will be subject to an equitable settlement of the respective interests of the parties accrued up to the date of termination. V. FUNDING. 5.01. APPROPRIATIONS. This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation ofTEX. CONST. art. Il/, §49. In compliance with TEx. CONST. art. VIIi, §6, it is understood that all obligations of the GLO are subject to the availability of funds. The GLO has disclosed to Subrecipient that funding for this Contract is being provided by the NOAA Grant, and if such funding is not obtained, this Contract shall be void or if such funding becomes unavailable, this Contract may be terminated, subject to the cquitable settlement of the parties' respective interests accrued up to the date of termination. VI. ASSURANCES AND CERTIFICATIONS. 6.01. INCORPORATION BY REFERENCE. Incorporated by reference the same as if specifically written herein are the roles, regulations, and all other requirements imposed by law, including but not limited to compliance with those applicable rules and regulations of the State of Texas and the federal government, including those contained in the NOAA Grant, all of which shall apply to the performance of the ~vork under this Contract. 6.02. COMPLIANCE WITH LAWS. Subrecipient shall complete and return the Assurances- Construction/Non-Construction Programs form attached hereto as Attachment E, assuring that it will comply with all Federal Statutes listed thereon and, when applicable, shall obtain completed assurance of compliance forms from its subcontractors. GL() Contract No. 03-027 Page 5 of 9 6.03. DEBARMENT. Subrecipient shall complete and return the Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion attached hereto as Attachment F, certifying that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the NOAA Grant by any federal department or agency and shall obtain certifications from all its subcontractors. 6.04. CONSISTENCY. Subrecipient shall complete the requirements of this Contract in compliance with the CMP goals and policies and shall assure that the performance of all subcontractors is in compliance with the CMR VII. DATA COLLECTION AND DELIVERY. 7.01. GEOGRAPHIC INFORMATION SYSTEMS. Data, databases, and products associated xvith electronic Geographic Information Systems (GIS) that have been collected, manipulated, or purchased with CMP grant funds and/or local match funds will be subject to all applicable terms of the Texas Geographic Information Standards of the Texas Geographic Information Council (TGIC) and Texas Administrative Code (TAC) {}201.6, Planning and Management of Information Resources Technologies, Geographic Information Standards. The 2001 Geographic Information Standards Rule is available on the World Wide Web at www.tgic.state.tx.us/standards/index.htm, or by writing to Department of Information Resources (D1R), P.O. Box 13564, Austin, Texas, 78711, e-mail TGICHELP(~dir.state.tx.us. 7.02. TRANSFER OF DATA. Any GIS data to be transferred or exchanged that is collected, manipulated, or purchased with funds from this Contract must be documented as specified in the Federal Geographic Data Conunittee (FGDC) document Content Standard for Digital Geospatial Metadata, Version 2 (FGDC-STD-001-1998) or later. The federal metadata standard is available on the World Wide Web at www.fgdc.gov/metadata. 7.03. FORMAT. Many Texas state agencies, including the GLO, have adopted Environmental Systems Research Institute, Inc. (ESRI) products Arclnfo, ArcView, etc.~s in-house GIS software. This is NOT an endorsement of these, or any other, products; however, any electronic spatial data collected, manipulated, or purchased with CMP grant funds and/or local match funds shall be transferred in a mutually-acceptable GIS format, along with appropriate documentation. Nonspatial data (text or database) deliverables must be delivered in MS Word, WordPerfect, dBase (.dbf), or ASCII formats. Acceptable media for delivery include floppy disks, Zip disks, and CD- ROMs. VIII. COPYRIGHT AND PUBLICATION. 8.01. COPYRIGHT. Subrecipient shall not assert any rights at common law, in equity or otherwise seek to establish any claim to statutory copyright in any material or information developed under this Contract. The parties expressly agree that the GLO shall own all right, title, and interest in and to any copyright or other intellectual property rights and any material or information developed under this Contract, including but not limited to the right to use, reproduce or publish any or all of such information and other materials without the necessity of obtaining permission from Subrecipient and without expense or charge. GLO Contract No 03 027 Page 6 8.02. PUBLICATION. If Subrecipient or its employee(s) use NOAA financial assistance to publish reports and other materials completed as a result of this Contract, the author shall assure that the paper bears the following statement as well as the NOAA and CMP logos on the front cover or title page of such document and other materials: A PUBLICATION (OR REPORT) OF THE COASTAL COORDINATION COUNCIL PURSUANT TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AWARD NO. NA17OZ2353. If Subrecipient or its employee(s) use NOAA financial assistance to publish a paper based in whole or in part on the work funded by this Contract, the author shall assure that the paper bears the following statement on the front cover or title page of the paper: THIS PAPER IS FUNDED ("IN PART" IF APPROPRIATE) BY A GRANT/COOPERATIVE AGREEMENT FROM THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. THE VIEWS EXPRESSED HEREIN ARE THOSE OF THE AUTHOR(S) AND DO NOT NECESSARILY REFLECT THE VIEWS OF NOAA OR ANY OF ITS SUB-AGENCIES. IX. EVENTS OF DEFAULT AND REMEDIES. 9.01. EVENTS. Each of the following shall constitute events of default (Events of Default) under this Contract: (a) Subrecipient's failure to comply with any term, covenant or provision contained in this Contract. (b) Subrecipient makes an assigmnent for the benefit of creditors or takes any similar action for the protection or benefit of creditors. (c) If at any time, Subrecipient makes any representation or warranty which is incorrect in any material respect in: (i) the Work Plan; (ii) any request for payment submitted to the GLO; or, (iii) any report submitted to the GLO related to the Contract. 9.02. REMEDIES. Upon the occurrence of any such Event of Default, the GLO shall be entitled to avail itself of any equitable or legal remedy. 9.03. NO WAIVER. No waiver of any Event of Default shall be considered a waiver of any other or subsequent Event of Default, and no delay or omission in the exercise or enforcement of the rights and powers of the GLO shall be construed as a waiver of any such rights or powers. GLO Contract No 03-027 Page 7 of 9 X. MISCELLANEOUS PROVISIONS. 10.01. SUBCONTRACTS. Subrecipient may subcontract with other agencies and/or private entities for some or all of the services or work to be performed in connection with the Project. Subrecipient shall legally bind any such subcontractors to perform and make such subcontractors subject to all the certifications, duties, requirements, and obligations of Subrecipient specified herein. Nothing herein shall be construed to relieve Subrecipient of the responsibility for insuring that the services and work rendered comply with all the terms and provisions of this Contract. Subrecipient will provide the GLO with copies of all subcontracts and all amendments, cancellations, or terminations to such subcontracts. 10.02. INDEMNITY. SUBRECIPIENT AGREES TO INDEMNIFY AND HOLD THE GLO HARMLESS, TO THE FULL EXTENT PERMITTED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING FROM THE NEGLIGENT ACTS OR OMISSIONS OF SUBRECIPIENT, ITS EMPLOYEES OR AGENTS IN CONNECTION WITH THE PERFORMANCE OF SERVICES OR WORK BY SUBRECIPIENT OR ITS SUBCONTRACTORS UNDER THIS CONTRACT. THE PROVISIONS OF THIS SECTION 10.02 SHALL SURVIVE TERMINATION OF THIS CONTRACT. THIS SECTION 10.02 SHALL NOT BE CONSTRUED AS VIOLATING THE PROVISIONS OF TEX. CONST. ART. 111 §52. 10.03. HISTORICALLY UNDERUTILIZED BUSINESSES. In accordance with state la,v, it is the GLO's policy to assist historically underutilized businesses (HUB's), whether minority or women-owned, to participate whenever possible in providing goods and services to the GLO. The GLO encourages those parties with whom it contracts for the provision of goods and services to adhere to this same policy in selecting sub-Subrecipients to assist in fulfilling Subrecipient's obligations with the GLO. Subrecipient ;viii provide the Purchasing Department of the GLO with pertinent details of any participation by a HUB in fulfilling the duties and obligations arising under this Contract. 10.04. ENTIRE AGREEMENT. This Contract constitutes the entire agreement of the parties. No other agreement, statement, or promise that is not contained in this Contract shall be binding except a subsequent written modification signed by both parties. 10.05. GOVERNING LAW AND VENUE. This Contract shall be governed and construed in accordance with the laws of Texas. Venue of any suit for breach of this Contract shall be fixed in any court of competent iurisdiction in Austin~ Travis Court .ty~ Texas. 10.06. SEVERABILITY. Should any one or more provisions of this Contract be held to be void, voidable, or for any reason whatsoever of no rome and effect, such provision(s) shall be construed as severable from the remainder of this Contract and shall not affect the validity of all other provisions of this Contract, which shall remain in full force and effect. GLO Contract No. 03 027 Page 8 of 9 per linear foot per year for conduit usage and two dollars and ninety eight cents ($2.98) per pole attachment per year, occupancy requirements, make ready requirements, insurance requirements, terms regarding access and modification of facilities, and indemnification requirements. Further, SBC Southwestern Bell is required to provide access to conduit and poles to other telecommunications and cable service providers. Accordingly, the conduit and pole use agreement addresses potential claims by telecommunications or cable service providers that SBC Southwestern Bell should bear the expense of creating excess capacity that ~vould be available for the use, but for the municipal attachments SBC Southwestern Bell has voluntarily permitted under these agreements. If a municipality seeks to use existing capacity, the municipality must accept the risk of a claim that SBC Southwestern Bell wrongfully filled capacity with municipal facilities. SBC Southwestern Bell reserves the fight to discontinue this policy as to any or all municipalities, or as to any of its facilities, and to require the removal of municipal attachments and facilities at any time. To the extent a municipality has placed any such attachments or facilities, SBC Southwestern Bell requests notification from the municipality as noted above and immediate correction of any facility integrity, safety, or compliance issues. If your city has cables or other facilities placed on SBC Southxvestern Bell poles or within SBC Southwestern Bell conduit, please contact Gary Caraway at 281-405- 6743. Mr. Caraway will arrange for you to review a copy of the conduit and pole use agreement or discuss this policy further. Additionally, please ensure that all municipal employees and contractors understand that the municipality does not have the authority or the fight to attach or install new facilities, or access or upgrade existing facilities, without contacting SBC Southwestern Bell and entering the appropriate pole and conduit use agreement. The issues detailed above are complex and require open communication. It is our goal to commence this new policy by February 1, 2003, and we anticipate tull municipal compliance ~vith our request. Should you have any questions, do not hesitate to call upon Fred Guerra, Executive Director, Municipal Relations, SBC South~/~rn Bell at 512-870-2797. 10.07. HEADINGS. The headings contained in this Contract are for reference proposes only and shall not in any way affect the meaning or interpretation of this Contract. 10.08. NOTICES. Any notice required or pemfitted to be delivered under this Contract shall be deemed delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the GLO or Subrecipient, as the case may be, at the address set forth below: GLO: General Land Office Resource Management Program Area 1700 N. Congress Ave. Austin, Texas 78701-1495 Attention: Ms. Melissa Porter Subrecipient: City of Corpus Christi 1201 Leopard Street Corpus Cl~isti, TX 78401-2120 Attention: Ms. Patricia Garcia Notice given in any other manner shall be dccmed effective only if and when received by the party to be notified. Either party may change its address for notice by written notice to the other party as herein provided. 10.09. SURVIVAL. Sections 2.02, 3.03, 6.01, 6.02, 6.03, 8.01, 8.02, 10.01, 10.02 and 10.05 shall survive termination of this Contract as continuing agreements and obligations of Subrecipient. GENERAl. LAND OFFICE CITY OF CORPUS CHRISTI Larry L. Laine, Chief Clerk/ Deputy Land Commissioner Date of~ By: Title: Date of execution: Gl O Contract No 03 027 Page 9 of 9 ORDINANCE APPROPRIATING $60,000 FROM THE TEXAS GENERAL LAND OFFICE IN THE NO. 1050 FEDERAL/STATE GRANT FUND TO CONSTRUCT A BOARDWALK ON CORPUS CHRISTI BEACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $60,000 from the Texas General Land Office is appropriated in the No. 1050 Federal/State Grant Fund to construct a boardwalk on Corpus Christi Beach. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Annando Chapa City Secretary Approved: February 4, 2003 Samuel L. Neal, Jr. Mayor Lisa Aguilar ~) Assistant City Attorney For City Attorney 17 ORDINANCE STATUS AGENDAITEM: Second Reading Ordinance - Amending the Zoning Ordinance by revising Article 27A, Special Conditions, by adding subsection 27A-2.07; providing for severance; and providing for publication. FIRST READING: January 28,2003 Passed: 8-0 (Henry Garrett - Absent from Vote) FINAL READING: February 11, 2003 COMMENTS: (None) CITY COUNCIL AGENDA MEMORANDUM January 22, 2003 Subject: Zoning Ordinance text amendment to Article 27A, Special Conditions, in order to allow temporary banners in the front yard setback. _Agenda Item: First Reading Amending the Zoning Ordinance by adding subsection 27A-2.07 to permit freestanding banners within the front yard setback of the "B-3" Business District, "B4" General Business District, "1-2" Light Industrial District, and "I-3" Light Industrial District Requested Council Action: First Reading Approval of the Zoning Ordinance text amendment by adding subsection 27A-2.07 to Article 27A, Special Conditions, in order to permit temporary freestanding banners within the front yard setback of the "B-3", "B-4", "I-2", and "1-3" Districts. Staff's Recommendation: Approval. Planning Commission's Recommendation {01/15/03}: Approval. Issue: To allow the commercial businesses within "B-3" Business District, "B-4" General Business District, "1-2" Light Industrial District, and "I-3" Heavy Industrial District, a temporary freestanding banner sign in the 20-foot required front yard setback. The banner would allow the businesses to advertise special events. Prior Council Action: None. Prior PlanninR Commission Action: On January 15, 2003, the Plarming Commission held a public hearing to consider the proposed amendment to Article 27A. After reviewing the proposed amendment, the Planning Commission voted unanimously to approve the proposed text amendment. Background: Several businesses have requested freestanding temporary banners or received a notice of violation for having freestanding banners within the front yard setback that exceeded the sign allowance. Majority of businesses that typically use banner signs are located along major thoroughfares, characterized by high speed of traffic, and greater building setbacks. The City has received several inquiries regarding the placing of banners in the front yard for grand openings and other special events. Currently, banners are treated as signs and must comply with the district's sign regulations. The proposed Zoning Ordinance text amendment affects Article 27A, Special Conditions, as it is, relates to promotional events. Agenda Memorandum Zoning Ordinance Text Amendment Page 2 The proposed text amendment would permit banners in the front yard of properties in the "B-3" Business District, "B-4" General Business District, "1-2" Light Industrial District and the "I-3" Heavy Industrial District. The banners would be limited to one banner with a sign area of ¼ square foot for each linear foot of street frontage along an arterial, expressway, or freeway, with a maximum sign area of sixty (60) square feet. If the property contains more than 500 linear feet of street frontage along an arterial, expressway, or freeway, an additional sign banner would be permitted. In order for a property to obtain a banner with a sign area of sixty (60) square feet, the property would be required to have a minimum of 240 linear feet of street frontage along an arterial, expressway, or freeway. A commercial establishment with 100 linear feet of street frontage would be alloxved one banner with a sign area of 25 square feet. Thc banners as permitted by the proposed amendment would be limited to two (2) events per calendar year ~vith no more than 45 days per event. Director of Planning MSS Attachments 1) Ordinance Amending Article 27A 2) Unofficial Planning Commission Minutes H:/P LN - D IR\ERMA\WO R D/ZORDL~I~, ['IC LE2 7AAG E NDA MEMO DOC AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 27A, SPECIAL CONDITIONS, BY ADDING SUBSECTION 27A-2.07; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 15, 2003, during a meeting of the Planning Commission, and on Tuesday, January 28, 2003, for the first reading and on Tuesday, February 11,2003, for the second reading, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 27A, Special Conditions, by adding subsection 27A-2.07, to read as follows: "ARTICLE 27A. SPECIAL CONDITIONS Section 27A-1 General. The division of the City into zoning districts is based on the principle that similar conditions prevail throughout a particular district. Some uses of land, for one or more of the following reasons, cannot normally appear as uses permitted outright in a particular district. Such uses may have an unusually heavy impact on the adjoining uses; may involve a great area of land; may be of a temporary or seasonal nature; or may be public or semi-public in character, and consequently play a vital role in the life of the community. Therefore, the locations of these uses are subject to special conditions in order to insure that there is protection for the health, safety, and general welfare of the community. The sections under Article 27A of this Ordinance describe the conditions which must be met and maintained before certain uses will be permitted in particular zoning districts. 27A-2.07 Freestanding banners for promotional events within the front yard setback are permitted for properties located in a "B-3" Busines~ District, "B-4" General Business District, I-2" L'Rht Industr'al Distn~[ 2 and "1-3" Heavy Industrial District, subject to the following conditions: One banner for each arterial, expressway or freeway frontage is permitted. If any of those street frontages exceed 500 linear feet, an additional banner is permitted; The banner may not exceed an area of 0.25 square foot for each linear foot of street frontage along an arterial, expressway or freeway and in no event shall the banner area exceed sixty (60) square feet or have a dimension greater than twenty (20) feet; The height of the banner as measured from existing grade to top of banner, shall not exceed 25 feet; The banner must be located along an arterial, expressway or freeway and must be oriented toward the aforementioned roadway; Banners shall be limited to two (2) events per year for a duration of 45 days per event. SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 3 ATTEST: Armando Chapa City Secretary APPROVED: This 23rd day of January, 2003 James R. Bray Jr. City Att/~,~ey /¢ /q/ ! Doyle~urtis ' Seniof,~Assistant City Attorney THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayer Unofficial Planning Commission Minutes January 15, 2003 Zoning Ordinance Text Amendment Article 27A, Special Conditions (Banners) Mr. Miguel Saldaf~a, City Planner, presented a proposed text amendment on Article 27A, Special Conditions (Banners) which would allow businesses to put up temporary barmers for special or promotional events. There are a number of businesses that place banners on their front properties. Banners are considered signs and have to comply with sign regulations, if freestanding signs, then they cannot put another banner. If it is put on a wall, sometimes the wall is 50-60 feet back from the property line, and the complain is that the signs cannot be seen from the street. To alleviate the problem, Staff is proposing a temporary sign that would allow businesses to put up a sign for the width of their property for a limited time of 45 days per event, up to 2 events per year up to a maximum of 90 days per calendar year. This sign would be sA square foot sign area for every linear feet of street frontage and the street frontage would only be along an 'arterial, expressway, or freeway up to a maximmn of 60 square feet up close to the right-of-way. If there is a business in a residential area on a collector or local street, they would not be allowed to put up any banners which could impact the residential area. If there are multiple frontages along the arterial, there would have to be a minimum of 240 linear feet frontage in order to have a 60 square foot sign. Rounded up to 250 linear feet of frontage, then another banner ~vould be allowed, limited to ~A square foot per linear street frontage. The sign would also be limited to the height ofxvhat is currently alloxved, which is no higher than 25 feet. Chairman Mims asked if permits would bc required in order to keep record of how many events each business has for the year, and how would it be enforced. Mr. Saldafia stated that permits would be required and it is through the continuing issue of violation notices that it would be enforced. Mr. Michael Gunning, Director of Planning, stated that for promotional signs, the Building Department sets up a tickler file of those expiration dates. They keep up with the permits, making sure that the signs are removed after a particular time. Chairman Mims questioned if each business that has a "meal" advertised comes to get a permit. Mr. Gunning stated that some do, but with others, they are turned in by an enforcement officer as a violation or as a sign to be investigated. The ones that are issued a permit are obviously easier to enforce. Mr. Saldafia also noted that if the banner is located 20 feet behind the property line and is in a "B-3" or "B-4" District, then it is allowed to remain. If it is in front of the 20-foot setback, and it already has a sign, then they would be in violation. Commissioner Pusley inquired if there is a way to include "B-I" or "AB" Districts, seeing as how it is for temporary banners only. UnofficialPlanning ConUmssionMinutes Article 27A, Special Conditions(Banners) January 15, 2003 Page 2 Mr. Saldafia stated that it can, but Staff does not think it would be appropriate when in proximity to single-family residential. As it is, some signs located in those districts already impact the residential area. Additional signage would not be beneficial to the residential area. Commissioner Zamora was of the opinion that the "B-I" and "AB" Districts could be included somehow. Mr. Gunning stated that it might be worked out sometime in the future. For right now, the focus was on the arterials and industrial areas. Commissioner Amsler asked if there was a simple definition of what is a banner. Mr. Gunning read the Zoning Ordinance definition as "a sign made up of fabric or any nonrigid material, including flags, other than those enumerated in Section 3-55." In response to a comment from Commissioner Amsler, Mr. Saldafia conunented that a Code Enforcement Officer went up and down South Padre Island Drive and issued a notice of violation to all businesses that had banners or pennants, but it seems they are out again. Commissioner Richter inquired about the setbacks where the banners can actually be placed. How close can it be placed if the banner is 12 feet long? Would that be a potential problem? Mr. Saldafia responded that all signs, whether permanent or temporary, cannot obstruct the view of traffic. If it is a 12-foot long sign, with a height of 5 feet, will be put up 20 feet into the air. It can go up to the property line. if it's a low banner, to meet the visibility requirement, depends on the size of the road. Commissioner Richter asked if when issuing a pemfit, are they going to ask where they are going to up the sign. Mr. Saldafia stated that they have to locate it on a site plan, showing where the driveways are and how tall the banner will be. Mr. Saldafia added that the "B-5" and "B-6" Districts do not have setbacks. The banner would be treated as a sign in a "B-5" District because there are no setbacks. In a "B-4", "B-3", "1-2", and "1-3" Districts, there is a 20-foot setback. If there is an existing sign in the setback area, additional signs will not be permitted. Commissioner Salazar was concerned about the monitoring of the permits. He suggested an opening and closing inspection, requiring two permits, one to inspect it when the sign is put up, and the other to inspect it at the end of the 45-day period. If the banner is not down by the end of 45 days, the business would be fined. We have to make sure we cover Staff's time to go out there twice. Mr. Gunning stated that before the amendment goes to Council, he would meet with Code Enforcement to work out a way of enforcing more effectively and take an overall look at all permitting fees. Unofficial Planning Commission Minutes Article 27A, Special Conditions (Banners) January 15, 2003 Page 3 Commissioner Pusley stated that someone could permit for a banner and before the 45- day expiration, they could come and apply for a second. He asked if, essentially, a business could keep a banner for 90 days straight. Mr. Saldafia responded affirmatively. Commissioner Richter suggested having an expiration decal to remind the business owner of their expiration date. Motion by Pusley, seconded by Stone, that the amendment be approved. Motion passed unanimously. H:'d,LN-DIR\SHARED\WORD\PLANNING COMMISSIONhMINUTES\2003~I-15-03DRAFT MINUTES BANNERS.DOC Page I of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 27A, SPECIAL CONDITIONS, BY ADDING SUBSECTION 27A-2.07; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 15, 2003, during a meeting of the Planning Commission, and on Tuesday, January 28, 2003, for the first reading and on Tuesday, February 11,2003, for the second reading, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 27A, Special Conditions, by adding subsection 27A-2.07, to read as follows: "ARTICLE 27A. SPECIAL CONDITIONS Section 27A-1 General. The division of the City into zoning districts is based on the principle that similar conditions prevail throughout a particular district. Some uses of land, for one or more of the following reasons, cannot normally appear as uses permitted outright in a particular district. Such uses may have an unusually heavy impact on the adjoining uses; may involve a great area of land; may be of a temporary or seasonal nature; or may be public or semi-public in character, and consequently play a vital role in the life of the community. Therefore, the locations of these uses are subject to special conditions in order to insure that there is protection for the health, safety, and general welfare of the community. The sections under Article 27A of this Ordinance describe the conditions which must be met and maintained before certain uses will be permitted in particular zoning districts. 27A-2.07 The Building Inspection Division shall issue a permit for a freestanding banner within the front yard setback for a promotional event on property located in a "B-3" Business District, "B-4" General Business District, "1-2" Light Industrial District or "1-3" Heavy H:\LEG~D~R\D~y~eD~urtis\MYD~2~3\P&Z~RD~3~ning.~rd\D~YLE~2~3\~ec27A2`~7Banner~Prm~Evnt~D~13~3~rd.doc Page 2 of 3 Industrial District. The permit shall be subject to the following conditions: The permit shall allow one banner for each arterial, expressway or freeway frontage. However, if any of these frontages exceeds 500 linear feet, the permit shall allow an additional banner for that frontage. A banner shall have an area no greater than 0.25 square foot for each linear foot of street frontage along an arterial, expressway or freeway; and the banner shall have an area no greater than sixty (60) square feet and shall have no dimension greater than twenty (20) feet; The height of a banner measured from existing grade to top of banner shall not exceed 25 feet; A banner must be located along an arterial, expressway or freeway and must be oriented toward the roadway; The permit for a banner shall allow a banner for no more than two (2) promotional events per year for a duration of 45 days per event. SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:~LEG-D~R\D~yteDCurtis\MYD~C~2~3\P&Z~RD~3~ning~rd\D~YLEC~2~3\Sec27A2~7Banner~Prm~Evnt~DC~13003.~rd.d~c 18 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: February 11, 2003) Case No.: C1202-03HC, Metropolitan Community Church: A change of zoning from a "R-2" Multiple Dwelling District to a "R-2" Multiple Dwelling District and "HC-I" Historical-Cultural Landmark Preservation on Bay View, Block 15, Lots 16 through 20, located oo the southeast corner of Craig and 11th Streets. Landmark Commission Recommendation (11/14/02): Approval. Planning Commission and Staff's Recommendation (12/18/02): Approval. Requested Council Action: Approval of the "R-2" Multiple Dwelling District and "HC-I" Historical- Cultural Landmark Preservation and adoption of the attached ordinance. Purpose of Request: To obtain historical designation for the existing church. Summary: On November 14, 2002 the Landmark Commission held a public hearing on the Metropolitan Community Church request, to designate the subject property currently zoned "R-2" Multiple-family District with the overlay designation "H-C" I Historical-Cultural Landmark Preservation. The subject property was identified in the Historical Site Survey as being an historical element of the city and received a high priority rating. The Landnmrk Commission recommended the request be approved and forwarded to the Planning Commission and City Council for action. The "H-C" I overlay designation is a classification for buildings normally open to the public. Exterior building modifications would require Landmark Courmission review and action within 30 days of the building pemfit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark CoInmlssion approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Coffamssion and the property owner cannot be resolved after the 90-day period, the Landmark cormmssion must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "H-C' l overlay designation would require a 60 day review period from the demolition permit request date. lfno action is taken by the Landmark Commission during the initial 60-day period the property owner nmy proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark comrmssion may impose an additional 60-day review period to continue dialogue with the property o~a~er to encourage preserYation of the property. After the end of the aggregate period, the property mvner may obtain a demolition permit to dc~nolish the property if preservation of the structure is still undesirable. The Metropolitan Connnunity Church was originally known as Temple Beth E1 and built as it is today in 1937. Historical data from Charles "Les" Heime historical report indicates that the Jewish population of 1875 was too small to support a temple, but instead established the Hebrew Rest Cemetery on land deeded to Emanuel Morris and David Hirsch trustees of the Hebre~v Rest Society, by Captain Richard King. On September 30, 1928, a congregation was formally established as Temple Beth E1 (House of God). In the spring of 1930 construction began on a wooden Tabernacle and the Goltzman, Braslau and Grossman families are given much of the credit for the success of the undertaking. In 1932 because of the "Great Depression" construction of a permanent structure was postponed in favor of hiring a permanent rabbi for the congregation. In 1937, the architect, Dexter Harmon, designed Temple Beth E1 on Craig Street with a Spanish Colonial Revival stylistic influence. This style was very popular in the western and southxvestern United States during the 1920's and 1930's. The Spanish Colonial Revival Agenda Memorandum Case No. C1202-03HC (Metropolitan Community Church) Page 2 style is a blend of mix-and-match features that were studied by architects in the early 1900's colonial buildings of Mexico, California, and Arizona. Additional influences include late forms of Moorish architecture, Ultra-Baroque designs of Spain and Portugal, Spanish and Italian church architecture and the Pueblo Indian adobes. The church structure is typified by arches, courtyards, massive forms, plain walls, and tile roofs. Temple Beth El is a rare example of a Jewish temple or synagogue with this stylistic influence. It's prominent exterior features include two massive balcony domed towers, a tile roof with short bracket cave lines, arched windo~vs; an arched arcade connecting the office with the sanctuary; a courtyard; and massive arched porticos for the sanctuary and the office. The building is built of concrete block with a stucco surface. The sanctuary porticos, ~vhich provide front and side double-door entries, are faced with large irregular pieces of dark flagstone. The high roof elevation provides for a row of arched windows along the upper story and large rectangular windows for the lower wall. There are decorations consisting of Hebrew script and symbols on the building. A rectangular stone tablet set into the peak of the cave over the entrance houses the Ten Conm~andments listed in t~vo colmrms by roman numerals from right to left in Hebrew. There is a Star of David centered over the single arch of both porticos. The inscription on the eave of lnain portico is "Love Thy Neighbor As Thyself" On the base of each column is a single menorah in relief. The cornerstone in the northwest comer of the sanctuary is inscribed "Temple Beth El, 1937, In The Name Of God.' In 1983, the Temple Beth El structure on Craig Street was purchased by Unity by the Sea Christian Church and has subsequently been occupied by the Montessuri School and currently the Metropolitan Community Church. Through effnrts of Pastor Spears and the congregation of the Metropolitan Cmnmunity Church, improvements to stabilize the subject property while historically preserving its integrity are on going. Applicant's Position: The applicant concurs with Planning Comnnssion and Staff's recommendation. Notification: Prior to the date of this memorandum forty-five (45) notices were mailed to the property owners within a 200-foot radius, of which one was returned in favor and none in opposition. The 20% rule is not in effect at the City Council hearing. irCe[::oe: ~ p~X.lmngg' AX ce ,, MG/MS/er Attachments: 1) Zoning Report 2) Comments Received 3) Planmng Comtmssion Minutes 4) Ordinance H:\PkN-DIR\ERMA~WORD\AGENDMEM\C 1202-03 HCAGENDAMEMO.DOC Pages 3-7 Page 8 Pages 9-10 Pages 11-12 CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: C1202-03HC December 18, 2002 JI5B Metropolitan Community Church Bay View, Block 15 Lots 16-20, located on the southeast comer of Craig and 11th Streets. Current Zoning: Proposed Overlay Designation: "R-2"- Multiple-family District "H-C" I Historical-Cultural Landmark Preservation Overlay District Church. Obtain historical designation for the existing church. Current Use of Property: Purpose of Request: Adiacent Zoning: North - (across Craig Street) "R-2" Multiple Dwelling District and "A-2" Apartment House District South - "R-lB" One-family Dwelling District East - "A-2" Apartment House District West - (across 11th Street) "R-2" Multiple Dwelling District Adiacent Land Use: North, South - Single-family residences. East - Multiple family. West - (across 11th Street) - Church parking lot and single-family residences. Zonmg Report Case No. C 1202-03HC (Metropolitan Community Church) Page 2 Comprehensive Plan: The South Central Area Development Plan policies support identifying and protecting any structures in the area that are of historical significance. The Preservation Plan recommends that the Landmark Commission should submit their findings to the Planning Commission and City Council for consideration of protective "H-C" Historical-Cultural Landmark Preservation designation on properties identified historically significant. Landmark Commission Background: The Landmark Commission is fulfilling its charge of designating, classifying, and protecting historical elements of the City of Corpus Christi, per the "H-C" Historical-Cultural Preservation Landmark overlay designation of the Zoning Ordinance, policy guidelines of the Preservation Plan and element of the Comprehensive Plan. In 1997 the Landmark Commission completed the Corpus Christi Historical Site Survey and prioritized each property as to its historical valve to the city. Once properties were identified and prioritized the Landmark Commission continued to meet with property owners to promote preservation of their structure through the "H-C" Historical-Cultural Landmark Preservation overlay designation. Landmark Commission and Staff Analysis: On November 14, 2002 the Landmark Commission held a public heating on the Metropolitan Community Church request, to designate the subject property currently zoned "R-2" Multiple-family District with the overlay designation "H-C" I - Historical-Cultural Landmark Preservation. The subject property was identified in the Historical Site Survey as being an historical element of the city and received a high priority rating. The Landmark Commission recommended the request be approved and for~varded to the Planning Commission and City Council for action. The "H-C" I overlay designation is a classification for buildings normally open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "H-C" I overlay designation would require a 60 day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property owner may proceed with the demolition. In the event the property Zoning Report Case No. C 1202-03 HC (Metropolitan Community Church) Page 3 owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The Metropolitan Community Church was originally known as Temple Beth E1 and built as it is today in 1937. Historical data from Charles "Les" Henne historical report indicates that the Jewish population of 1875 was too small to support a temple, but instead established the Hebrew Rest Cemetery on land deeded to Emanuel Morris and David Hirsch trustees of the Hebrew Rest Society, by Captain Richard King. On September 30, 1928, a congregation was formally established as Temple Beth E1 (House of God). In the spring of 1930 construction began on a wooden Tabernacle and the Goltzman, Braslau and Grossman families are given much of the credit for the success of the tmdertaking. In 1932 because of the "Great Depression" construction of a permanent structure was postponed in favor of hiring a permanent rabbi for the congregation. In 1937, the architect, Dexter Harmon, designed Temple Beth E1 on Craig Street with a Spanish Colonial Revival stylistic influence. This style was very popular in the western and southwestern United States during the 1920's and 1930's. The Spanish Colonial Revival style is a blend of mix-and-match features that were studied by architects in the early 1900's colonial buildings of Mexico, California, and Arizona. Additional influences include late forms of Moorish architecture, Ultra-Baroque designs of Spain and Portugal, Spanish and Italian church architecture and the Pueblo Indian adobes. The church structure is typified by arches, courtyards, massive forms, plain walls, and tile roofs. Temple Beth E1 is a rare example ora Jewish temple or synagogue with this stylistic influence. It's prominent exterior features include two massive balcony domed towers, a tile roof with short bracket eave lines, arched windows; an arched arcade connecting the office with the sanctuary; a courtyard; and massive arched porticos for the sanctuary and the office. The building is built of concrete block with a stucco surface. The sanctuary porticos, which provide front and side double-door entries, are faced with large irregular pieces of dark flagstone. The high roof elevation provides for a row of arched windows along the upper story and large rectangular windows for the lower wall. There are decorations consisting of Hebrew script and symbols on the building. A rectangular stone tablet set into the peak of the eave over the entrance houses the Ten Commandments listed in two columns by roman numerals from right to left in Hebrew. There is a Star of David centered over the single arch of both porticos. The inscription on the eave of main portico is "Love Thy Neighbor As Thyself' On the base of each column is a single menorah in relief. The cornerstone in the northwest comer of the sanctuary is inscribed "Temple Beth El, 1937, In The Name Of God." In 1983, the Temple Beth E1 structure on Craig Street was purchased by Unity by the Sea Christian Church and has subsequently been occupied by the Montessori School and currently the Metropolitan Community Church. Through efforts of Pastor Spears and the congregation of the Metropolitan Community Church, improvements to stabilize the subject property while historically preserving its integrity are on going. Zoning Report Case No. C1202-03HC (Metropolitan Community Church) Page 4 Landmark Commission and Staff Recommendation: Approval. Attachments: Zoning Map H:~PLN-DIR\ERMA\WORDXZONRPTS~2002\Ci 202-03HCCCREPORT.DOC 3 Dec 15, 2002 - RP CASE C120203HC Subject property Owners within 200 feet listed on etteched ownership list COMMENTS RECEWED FROM NOTICES MAILED Case No. C 1202-03HC Metropolitan Community Church · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 11) Elfego G. Leal, Jr., 1219 Tenth St. Opposition: None. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. II, Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:h°LN-DIR~ERMA\WORD\COMMDATA\C 1202 -03 HCCOMMENTS DOC PLANNING COMMISSION DRAFT MINUTES December 18, 2002 Metropolitan Community Church: C1202-03HC REQUEST: "R-2" District to "R-2" District xvith "HC-I" Historical-Cultural Landmark Preservation on property described as Bay View, Block 15 Lots 16-20 and located on the southeast comer of Craig and 1 I th Streets. South Bluff United Methodist Church: C1202-05HC REQUEST: "AB" District to "AB" District "HC-I" Historical-Cultural Landmark Preservation on property described as Bay View, Block 2, Lots 12 through 16, and located at the northwest comer of Elizabeth and 7th Streets. Oak Park United Methodist Church: C1202-06HC REQUEST: "R-lB" District to "R-lB" District with "HC-I" Historical-Cultural Landmark Preservation on property described as Oak Park, Block 9, Lots 10 through 12, and located on the southeast comer of Oak Park Avenue and Mueller Street. Ms. Goode-Macon explained that the churches are requesting a "HC-I" historical designation. Such designation is provided for buildings that are open to the public. The "H-C" I overlay designation is a classification for buildings normally open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30- day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "H-C" I overlay designation would require a 60 day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Con,mission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. Planning Comrmssion Minutes December 18, 2002 Case Nos. C1202-03HC, C1202~05HC, and C1202-06HC Page 2 Chairman Berlanga opened the public heating on Case Nos. C 1202~03HC, C 1202-05HC, and C1202-06HC. No one appeared in favor or in opposition. The public hearing was closed. Motion by Smith, seconded by Amsler, to forward a recommendation for approval of Case Nos. C1202-03HC, C1202-05HC, and C1202-06HC. Motion passed with Pusley and Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE METROPOLITAN COMMUNITY CHURCH, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 16, 17, 18, 19 and 20, BLOCK 15, BAY VIEW, FROM "R-2" MULTIPLE DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT WITH A "HC-I" HISTORICAL- CULTURAL LANDMARK PRESERVATION OVERLAY DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission and the Landmark Commission has each forwarded to the City Council its reports and recommendations concerning the application of Metropolitan Community Church for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Thursday, November 14, 2002, during a meeting of the Landmark Commission, and on Wednesday, December 18, 2002, during a meeting of the Planning Commission, and on Tuesday, February 11, 2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lots 16, 17, 18, 19, and 20, Block 15, Bayview, located on the southeast corner of Craig and 11th Streets, from "R-2" Multiple Dwelling District to "R-2" Multiple Dwelling District with a "HC-I" Historical-Cultural Landmark Preservation Overlay District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. C:\( H Leg D DC. c py)\06 F e b03.cpy\D o yle D C u rtl s\MY D O C S~ 003\ P &Z O R D 03~-oning. o r d\D O Y L E C~2003\HistC ult\C 120203. H C. M et rpoli. C h u rch. O r d.App&PC.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 11th day of February, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Doyle ~ Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi C:\( H Leg D DC. c p y)\06 F e bO 3. c py\ Doyle D C u ri is\MY D O C S~ 003\P &ZO R D 03~o n ing. o rd\D O Y L E C~2003\ Hist C ult\C 120203. H C. M e trpoli.C h u rch. O r d.App&PC~doc Page 3 of 3 Corpus Christi, Texas __day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott C:\( H L e g D D C.cpy)\06 F e bO 3.cpy\Doyle D C u rtis\M Y D O C S~2003\P &Z O R DO 3~oning. o r d\D O Y L E C t2003~HistC ult\(:; 120203. H C. M et r poli. C h u rch, O r d.App&PC.doc 19 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: February 11, 2003) Case No.: C1202-04HC~ Sharon L. Chatterton: A change of zoning from a "R-lB" One-family Dwelling District to a "R-lB" One-family Dwelling District and "HC-F" Historical-Cultural Landmark Preservation on Oak Park, Block 2, Lots 1 through 4, and Lots 21 and 22, located at the northxvest corner of Oak Park Avenue and Up River Road. Landmark Commission Recommendation 01/14/02): Approval. Planning Commission and Staff's Recommendation (12/18/02): Approval. Requested Council Action: Approval of the "R-lB' One-family Dwelling District and "HC-F" Historical-Cultural Landmark Preservation and adoption of the attached ordinance. Purpose of Request: To obtain historical dcsignation for the existing single-family residence. Summary: On November 14, 2002 the Landmark Cormmssion held a public hearing on Ms. Sharon Chaiierton request, to designate the Grossman-Graham -Chatlerton Estate currently zoned "R-lB" One-family Dwelling District with the overlay designation "H-C' F (Faqade) Historical-Cultural Landmark Preservation. The subject property was identified in the Historical Site Survey as being an historical element of the city and received a high priority rating. The Landmark Commission recommended the request be approved and forwarded to the Plarming Commission and City Council for action. The "H-C" F (Faqade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark Connnission revie~v and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Comlmssion may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property o~vner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "H-C" F (Facade) overlay designation would require a 60-day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property oxvner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60- day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the properly owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable~ The Grossman-Graham-Chatterton Estate is a Mediterranean-ftacienda style structure facing onto Tom Graham Park in the Oak Park subdivision. Local architect N. W. Hardy designed the structure and was built in 1935 by developer A. C. Erwin. It is a 2-story brick and stucco residence with three west-facing bays and a red ceratnic tile roof. The fagade of the structure has porticos with senti-circle segmental arches. George H. Belote first resided in the residence. The structure later became the home of Russian Jewish irmmgrants Edward and Sadie Grossman. Edward Grossman was a prominent Jewish businessman of the community. He and his brothers founded Grossman Brothers' Department store in 1916. Tom and Virginia (Deaver) Graham later purchased the home. He was a pioneer, an explorer, a developer in the oil industry, and was president of Tom Graham Oil Company. He held the 19th position as the local president of the Chamber of Commerce. The site was designated by the State of Texas Historical Commission as a Recorded Texas Historical Landmark. Agenda Memorandum Case No. C 1202-04HC (Sharon L. Chatterton) Page 2 Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Prior to the date of this memorandum thirty-three (33) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor or in opposition. The 20% rule is not in effect at the City Council hearing. Director of Planning MG/MS/er Attachments: 1) Zoning Report Pages 3-6 2) Comments Received Page 7 3) Planning Conmaission Minutes Page 8 4) Ordinance Pages 9-10 tt:\I'LN-DIR\ERMA\WORD~AGENDMEM\C1202-04HCAGENDAMEMO DOC CITY COUNCIL ZONING REPORT Case No.: C1202-04HC Planning Commission HearinR Date: December 18, 2002 Map No.: K14D Applicant: Ms. Sharon Chatterton Legal Description/Location: Oak Park, Block 2, Lots 1 through 4, and Lots 21 and 22, located at the northwest comer of Oak Park Avenue and Up River Road. Current Zoning: "R- 1B"- One-family Dwelling District Proposed Overlay Designation: "H-C" F (Facade) - Historical-Cultural Landmark Preservation Overlay District Current Use of Property: Single-family residence. Purpose of Request: Adjacent Zoning: Obtaiu historical designation for the existing single-family residence. North - "R-lB" One-family Dwelling District South - (across Up River Road) "B-4" General Business District and "B-4" General Business District with a "SP" Special Permit East - (across Oak Park Avenue) "R-lB" One-family Dwelling District West - (across Retama Avenue) "R- 1B" One-family Dwelling District Adiacent Land Use: North - Single-family residences. South - (across Up River Road) General com~nercial. East - (across Oak Park Avenue) City park and single-family residences. West - (across Retama Avenue) Single-family residences. Zoning Report Case No. C 1202-04HC (Ms. Sharon Chatterton) Page 2 Comprehensive Plan: The Westside Area Development Plan policies support identifying and protecting any structures in the area that are of historical significance. The Preservation Plan recommends that the Landmark Commission should submit their findings to the Platming Commission and City Council for consideration of protective "H-C" Historical-Cultural Landmark Preservation designation on properties identified historically significant. Landmark Commission Background: The Landmark Commission is fulfilling its charge of designating, classifying, and protecting historical elements of the City of Corpus Christi, per the "H-C" Historical-Cultural Preservation Landmark overlay designation of the Zoning Ordinance, policy guidelines of the Preservation Plan, and element of the Comprehensive Plan. In 1997 thc Landmark Coinmission completed the Corpus Christi Historical Site Survey and prioritized each property as to its historical valve to the city. Once properties were identified and prioritized the Landmark Commission continued to meet with property owners to promote preservation of their structure through the "H-C" Historical-Cultural Landmark Preservation overlay designation. Landmark Commission and Staff Analysis: On November 14, 2002 thc Landmark Commission held a public hearing on Ms. Sharon Chatterton request, to designate the Grossman-Graham Chatterton Estate currently zoned "R-1B" One-family Dwelling District with the overlay designation "H-C" F (Fagade) Historical-Cultural Landmark Preservation. The subject property was identified in the Historical Site Survey as being an historical element of the city and received a high priority rating. The Landmark Commission reconunended the request be approved and forwarded to the Planning Commission and City Council for action. The "H-C" F (Facade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building pemfit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark Conunission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission mid the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "H-C" F (Fa9ade) overlay designation would require a 60-day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property owner may proceed with the demolition. In the event Zoning Report Case No. C 1202-04HC (Ms. Sharon Chatterton) Page 3 the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The Grossman-Graham-Chatterton Estate is a Mediterranean-Hacienda style structure facing onto Tom Graham Park in the Oak Park subdivision. Local architect N. W. Hardy designed the structure and was built in 1935 by developer A. C. Erwin. It is a 2-story brick and stucco residence with three west-facing bays and a red ceramic tile roof. The facade of the structure has porticos with semi- circle segmental arches. George H. Belote first resided in the residence. The structure later became the home of Russian Jewish immigrants Edward and Sadie Grossman. Edward Grossman was a prominent Jewish businessman of the cominunity. He and his brothers founded Grossman Brothers' Department store in 1916. Tom and Virginia (Deaver) Graham later purchased the home. He was a pioneer, an explorer, a developer in the oil industry, and was president of Tom Graham Oil Coinpany. He held the 19th position as the local president of the Chamber of Commerce. The site was designated by the State of Texas Historical Commission as a Recorded Texas Historical Landmark. Landmark Commission and Staff Recommendation: Approval. Attachments: Zoning Map [ I:\PLN-DI R\ERMA\WORD\ZONRPTS\2002\C 1202-041 [CCCR EPORT DOC 3 A-I LEOPARD STREET Dec 13, 2002- RP )0 CASE C120204HC Subject property Owners within 200 feet listed on ottoched ownership list COMMENTS RECEIVED FROM NOTICES MAILED Case No. C1202-04HC Sharon L. Chatterton · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: None. Opposition: None. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. II. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:~P LN -D1R~ERMA\WORD\COM M DATA\C 1202-04 HCCOMM ENTS.DOC 7 Planning Commission Minutes December 18, 2002 PLANNING COMMISSION DRAFT MINUTES Sharon L. Chatterton: C1202-04HC REQUEST: "R-lB" District to "R-lB" District with "HC-F" Historical-Cultural Landmark Preservation on property described as Oak Park, Block 2, Lots 1 through 4, and Lots 21 and 22, and located at the northwest corner of Oak Park Avenue and Up River Road. Ms. Goode~Macon explained that the "H-C" F (Fagade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "H-C" F (Fafade) overlay designation would require a 60- day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period, the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Connnission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. Chairman Berlanga opened the public hearing. Anna Ruth Warner, 810 Oak Park, owner of the former home of the Fultons stated that she was in opposition of the rezoning. Ms. Warner expressed concern with the horne being used as a business, increase in traffic, and taxes not being collected on the property. Public hearing was closed. Ms. Goode-Macon explained that facade affects any changes to the exterior of the building that faces the right-of-way. Motion Mims, seconded by Salazar, to approve the designation. Motion passed with Pusley and Zamora being absent. H:~P LN-DIR~ERNIA\WORDWi ISCELLANEO US\I 21802HCMINUTES.DOC Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MS. SHARON CHATTERTON, BY CHANGING THE ZONING MAP iN REFERENCE TO LOTS 1, 2, 3, 4, 21 AND 22, BLOCK 2, OAK PARK, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO "R-lB" ONE- FAMILY DWELLING DISTRICT WITH A "HC-F" (FACADE) HISTORICAL-CULTURAL LANDMARK PRESERVATION OVERLAY DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission and the Landmark Commission has each forwarded to the City Council its reports and recommendations concerning the application of Ms. Sharon Chatterton for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Thursday, November 14, 2002, during a meeting of the Landmark Commission, and on Wednesday, December 18, 2002, during a meeting of the Planning Commission, and on Tuesday, February 11, 2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lots 1, 2, 3, 4, 21 and 22, Block 2, Oak Park, located on the northwest corner of Oak Park Avenue and Up River Road, from "R-1B" One-family Dwelling District to "R-1 B" One-family District with a "HC-F" (Fa~:ade) Historical-Cultural Landmark Preservation Overlay District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. C:\(HLegDDC~cpy)\~6Feb~3~cpy\D~y~eDCurtis\MYD~CS~3\P&Z~RD~3~Z~ning~rd\D~YLEC~2003\HistCu~t\C12~204.H~hatteR.~rd*App&P C.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 11th day of February, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Doyle I~u~is Chief, ASministrative Law Section Senior Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi C:\( H Leg D D C. c py)\06 F e b03.cpy\Doyte D C u rtis\MY D O C S~2003\P &ZO R D 03~Z o n in g. o rd\DOY L E C~003\HistC ult\C 120204. H C. C h atte rt. O rd .Ap p& P C.doc Page 3 of 3 Corpus Christi, Texas __ day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Ih~/e, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott C:\( H L e g D D C. c py)\06 F e b03. c py\D o yle DC u rti s\ M Y D O C S~2003\P &Z O R D 03~oning. o rd\ D O Y L E C~003\Hist C ult\C 120204. H C, C h at left, O rd.App& P C.doc 20 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: February 11, 2003) Case No.: C1202-05HC~ South Bluff United Methodist Church: A change of zoning from a "AB" Professional Office District to a "AB" Professional Office District and "HC-I" Historical-Cultural Landmark Preservation on Bay View, Block 2, Lots 12 through 16, located at the northwest comer of Elizabeth and 7th Streets. Landmark Commission Recommendation (11/14/02}: Approval. Planning Commission and Staff's Recommendation (12/18/02}: Approval. Requested Council Action: Approval of the "AB" Professional Office District and "HC-I" Historical- Cultural Landmark Preservation and adoption of the attached ordinance. Purpose of Request: To obtain historical designation for the existing church. Summary: On November 14, 2002 the Landmark Colmnission held a public hearing on South Bluff United Methodist Church request, to designate the subject property currently zoned "AB" Professional Office District with the overlay designation "H-C" I Historical-Cultural Landmark Preservation. The subject property was identified in the Historical Site Survey as being an historical element of the city and received a high priority rating. The Landmark Commission recommended the request be approved and forwarded to the Planning Comnfission and City Council for action. The "H-C" I overlay designation is a classification for buildings normally open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property o~vner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "H-C" I overlay designation would require a 60 day review period from the demolition permit request date. If no action is taken by the Landmark Cormmssion during the initial 60-day period the property owner may proceed with the demolition. In the event the property ovmer and the Landmark Commission are not in agreement after the 60-day period, the Landmark ConUmssion may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The South BluffUnited Methodist Church was built in 1926 with the educational building built in 1948. The subject property has a Roman Revival stylistic influence. The sanctuary features include 3-stories of polychromatic brick, 3 symmetrical bays, stained glass windows and triple entry doors flanked by lanterns. Triple windows with corbelled brickwork are located over the entry. The two towers flanking the entry have copper seamed domed roofs. The main roof is of clay tile and the front gable is infilled with a string of tile. The steps to the sanctuary are designed in a 2- part concrete arrangement with metal railing. The educational facility is of similar style and material as the sanctuary building. Agenda Memorandum Case No. C1202-05HC (South BluffUnited Methodist Church) Page 2 A small congregation established the Sunday school in 1915. In 1916 the Sunday school was formally organized as a church with approximately sixty charter members. The 1926 the sanctuary was constructed at a cost of $80,000 when the congregation numbered 275. In 1948 the $144,000 educational facility was built, due to the need for more Sunday school rooms for a congregation that had gro~vn to 1,200 members. It is the intent of Pastor Garcia and his congregation to stabilize and preserve the historical integrity of the church structure. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Prior to the date of this memorandum thirty-eight (38) notices were mailed to the property owners within a 200-foot radius, of which six (6) were returned in favor and none in opposition. The 20% rule is not in effect at the City Council hearing. Michael ~JmmiDirector of Planni~gg, AICP O MG/MS/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinance I I:\P LN-DIR\ERMA',WO RD ~AG ENDM EM\C 1202-05H( AGENDAM EMO DOC Pages 3-6 Page 7 Pages 8-9 Pages 10-11 CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: C1202-05HC December 18, 2002 J15B South Bluff United Methodist Church Bay View, Block 2, Lots 12 through 16, located at the northwest comer of Elizabeth and 7th Streets. "AB"- Professional Office District "H-C" I - Historical-Cultural Landmark Preservation Overlay District Church. Obtain historical designation for the existing church. Current Zoning: Proposed Overlay Designation: Current Use of Property: Purpose of Request: Adiacent Zoning: North - "AB" Professional Office District South - (across Elizabeth Street) "AB" Professional Office District East - (across 7th Street) "AB" Professional Office District West - "B-5" Primary Business District Adjacent Land Use: North - Single-family residences. South - (across Elizabeth Street) Vacant. East - (across 7th Street) Single-family residences and multiple family. West General commercial uses. Zoning Repoff Case No. C1202-05HC (South BluffUnitedMethodist Church) Page 2 Comprehensive Plan: The Southeast Area Development Plan policies support identifying and protecting any structures in the area that are of historical significance. The Preservation Plan recommends that the Landmark Commission should submit their findings to the Plmming Commission and City Council for consideration of protective "H-C" Historical-Cultural Landmark Preservation designation on properties identified historically significant. Landmark Commission Background: The Landmark Commission is fulfilling its charge of designating, classifying, and protecting historical elements of the City of Corpus Christi, per the "H-C" Historical-Cultural Preservation Landmark overlay designation of the Zoning Ordinance, policy guidelines of the Preservation Plan, and element of the Comprehensive Plan. In 1997 the Landmark Commission completed the Corpus Christi Historical Site Survey and prioritized each property as to its historical valve to the city. Once properties were identified and prioritized the Landmark Commission continued to meet with property owners to promote preservation of their structure through the "H-C" Historical-Cultural Landmark Preservation overlay designation. Landmark Commission and Staff Analysis: On November 14, 2002 the Landmark Commission held a public hearing on South Bluff United Methodist Church request, to designate the subject property currently zoned "AB" Professional Office District with the overlay designation "H-C" I Historical-Cultural Landmark Preservation. The subject property was identified in the Historical Site Survey as being an historical element of the city and received a high priority rating. The Landmark Commission recommended the request be approved and forwarded to the Planning Conunission and City Council for action. The "H-C" I overlay designation is a classification for buildings normally open to the public. Exterior building modifications would require Landmark Conunission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Conunission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "H-C" I overiay designation ~vould require a 60 day review period fi.om the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property owner may proceed with the demolition. In the event the property Zoning Report Case No. C 1202-05HC (South Bluff United Methodist Church) Page 3 owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The South Bluff United Methodist Church was built in 1926 with the educational building built in 1948. The subject property has a Roman Revival stylistic influence. The sanctuary features include 3-stories of polychromatic brick, 3 symmetrical bays, stained glass windows and triple entry doors flanked by lanterns. Triple ~vindows xvith corbelled brickwork are located over the entry. The two towers flanking the entry have copper seamed domed roofs. The main roof is of clay tile and the front gable is infilled with a string of tile. The steps to the sanctuary are designed in a 2-part concrete arrangement with metal railing. The educational facility is of similar style and material as the sanctuary building. A small congregation established the Sunday school in 1915. In 1916 the Sunday school was formally organized as a church with approximately sixty charter members. The 1926 the sanctuary was constructed at a cost of $80,000 when the congregation numbered 275. In 1948 the $144,000 educational facility was built, due to the need for more Sunday school rooms for a congregation that had grown to 1,200 members. It is the intent of Pastor Garcia and his congregation to stabilize and preserve the historical integrity of the church structure. Landmark Commission and Staff Recommendation: Approval. Attachments: Zoning Map H:\P LN-DIR\EKMA\WOan~ZONRPTS~2002\C 12024)5 HCCCREPORT.DOC 6 7 8 19 18 15 13 12 11 2 1 2 4 61 7 8 9 6 7 8 17 16 14 3 4. 5 6 7 8 9 10 22 18 17 16 15 14 12 MORGAN 22 ¢ 5 6 7 8 9 10 AVE. 2 17 16 15 1¢ 13 12 11 22 21 20 *{8 17 ELIZABETH BOOTY ANI 4- CORPUS CH~IS'R MF..[7~^L TowER 23 B-5 STREET 1 2 6 7 11 17 16 15 14 13 12 .3 4 18 5 17 VI 6 16 7 8 9 10 11 BOOTY STREET Dec 13, 2002 - RP CASE C120205HC Subject property Owners within 200 feet listed on ottached ownership Hst COMMENTS RECEWED FROM NOTICES MAILED Case No. C1202-05HC South Bluff United Methodist Church · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 3-5) 11) 26) 30) 31) 32) Opposition: Tim and Steve Lyons, 1321 S. Staples St. No written comment. Gloria R. Perez, 1317 Seventh St. No written comment. Ernest G. Guajardo, Sr., 402 Ave. E, Victoria, Texas No written comment. Ramona C. Bennett, 1322 Seventh St. No written comment. Gloria M. Herrera, 1318 Seventh St. No written comment. Delia G. Salazar, 1314 Seventh St. No written comment. None. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Il. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:~P LN-DIR~ERMA\WORD\COMMDATA\C 1202-05 HCCOMMENTS.DOC PLANNING COMMISSION DRAFT MINUTES December 18, 2002 Metropolitan Community Church: C1202-03HC REQUEST: "R-2" District to "R-2" District with "HC-I" Historical-Cultural Landmark Preservation on property described as Bay View, Block 15 Lots 16-20 and located on the southeast comer of Craig and 1 lth Streets. South Bluff United Methodist Church: C1202-05HC REQUEST: "AB" District to "AB" District "HC-I" Historical-Cultural Landmark Preservation on property described as Bay View, Block 2, Lots 12 through 16, and located at the northwest comer of Elizabeth and 7th Streets. Oak Park United Methodist Church: C1202-06HC REQUEST: "R-lB" District to "R-lB" District with "HC-I" Historical-Cultural Landmark Preservation on property described as Oak Park, Block 9, Lots 10 through 12, and located on the southeast comer of Oak Park Avenue and Mueller Street. Ms. Goode-Macon explained that the churches are requesting a "HC-I" historical designation. Such designation is provided for buildings that are open to the public. The "H-C" I overlay designation is a classification for buildings normally open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30- day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "H-C" I overlay designation would require a 60 day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. Planning commtssion Minutes December 18, 2002 Case Nos. C1202-03HC, C1202-05HC, and C1202-06HC Page 2 Chairman Berlanga opened the public heating on Case Nos. C 1202-03HC, C 1202-05HC, and C 1202-06HC. No one appeared in favor or in opposition. The public hearing was closed. Motion by Smith, seconded by Amsler, to forward a reconunendation for approval of Case Nos. C1202-03HC, C1202-05HC, and C1202-06HC. Motion passed with Pusley and Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE SOUTH BLUFF UNITED METHODIST CHURCH, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 12, 13, 14, 15 AND 16, BLOCK 2, BAY VIEW, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT WITH A "HC-I" HISTORICAL-CULTURAL LANDMARK PRESERVATION OVERLAY DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission and the Landmark Commission has each forwarded to the City Council its reports and recommendations concerning the application of South Bluff United Methodist Church for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Thursday, November 14, 2002, during a meeting of the Landmark Commission, and on Wednesday, December 18, 2002, during a meeting of the Planning Commission, and on Tuesday, February 11,2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lots 12, 13, 14, 15 and 16, Block 2, Bayview, located on the northwest corner of Elizabeth and 7th Streets, from "AB" Professional Office District to "AB" Professional Office District with a "HCA" Historical-Cultural Landmark Preservation Overlay District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. C:\(HLegDDC~cpy)\~6Feb~3~cpy\D~y~eDCurtis\MYD~CS~-~3\P&Z~RDO3~Z~ning~rd\D~YLEC~2~3\HistCu~t\c12~205.HC~SB~uffUM~church~ rd. App&PC.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed, SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 11th day of February, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary 'Doy~'~' E~.~urtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney Samuel L Neal, Jr. Mayor, The City of Corpus Christi C:\( H Leg D D C. c py)\06F e bO3. cpy\D oyle D C u rtis\MY D O C S~2003\P&Z O R D 03~oning. o rd\D O Y L E C~003\HistC ult\C 12 O 205. H C. S B luffU M. C h u rch, O rd.App&PC.doc Page 3 of 3 Corpus Christi, Texas __day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott C:\ (H L e g D D C.cpy)\06 F e bO 3,cpy\D o yle D C u rtis\M Y D O C S~ 003\ P &ZO R DO 3~Zo n ing. o rd\ D OY L E C~2003\HistC ult\C 12 020 5. H C. S B luffU M. C h u rch. O rdApp&PC.doc 21 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: February 11, 2003) Case No.: C1202-06HC, Oak Park United Methodist Church: A change of zoning from a "R-lB" One-family Dwelling District to a "R-lB" One-family Dwelling District and "HC-I" Historical-Cultural Landmark Preservation on Oak Park, Block 9, Lots 10 through 12, located on the southeast comer of Oak Park Avenue and Mueller Street. Landmark Commission Recommendation (11/14/02): Approval. Plannin~ Commission and Staff's Recommendation (12/18/02): Approval. Requested Council Action: Approval of the "R-lB" One-family Dwelling District and "HC-F' Historical- Cultural Landmark Preservation and adoption of the attached ordinance. Purpose of Request: To obtain historical designation for the existing church. Summary: On November 14, 2002 the Landmark Commission held a public hearing on Oak Park United Methodist Church request, to designate the subject property currently zoned "R-lB" One-family Dwelling Dislxict with the overlay designation "H-C" I Historical-Cultural Landmark Presep,'ation. The subject property was identified in the Historical Site Survey as being an historical element of the city and received a high priority rating. The Landmark Commission recommended the request be approved and forwarded to the Planning Commission and City Council for action. The "H-C" I overlay designation is a classification for buildings normally open to the public. Exterior building modifications would require Landruark Conunission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark comrmssion may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Conmaission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "H-C" I overlay designation would require a 60 day review period fi.om the demolition permit request date. If no action is taken by the Landmark Conmfission during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Connnission may impose an additional 60-day review period to continue dialogue with the property raw,er to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The original Prairie style church structure was built in the early 1930's as a one-story wood frame building. In later years additional classrooms were added to the original structure. The addition is a linear one-frame wood structure with exterior doorways fronting a covered porch/walkway area. In 1940 the name of the church changed from Epworth Methodist Church to Oak Park Methodist Church. Later in the 1940s, increased church activities necessitated the construction of a new educational and recreational facility. In 1951 the new one-story Mediterranean influence sanctuary was completed. Exterior features of the brick sanctuary include a large single entry arch~vay and a single bell tower that has vertical openings on four sides of the upper tower. The steps to the san are designed as a 2-part concrete arrangement with metal railing. Rectangular windows line the length of the building. Agenda Memorandum Case No. C1202-06HC (Oak Park United Methodist Church) Page 2 It is the intent of Pastor Garcia and his congregation to stabilize and preserve the historical integrity of the church structure. Applicant's Position: The applicant concurs with Planning comnUssion and Staff's recommendation. Notification: Prior to the date of this memorandum thirty-one (31) notices were mailed to the property owners within a 200-foot radius, of which one (1) were returned in favor and none in opposition. The 20% rule is not in effect at the City Council hearing. MG/MS/er Attachments: 1 ) Zoning Report 2) Comments Received 3) Planning Commission Minutes 4) Ordinance [t:hULN-DIR\ERMA\WORD~GENDM EM\(' 1202-06HCAGENDAM EMO DOC Pages 3-6 Page 7 Pages 8-9 Pages I0-11 CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: C1202-06HC December 18, 2002 K14D Oak Park United Methodist Church Oak Park, Block 9, Lots 10 through 12, located on the southeast comer of Oak Park Avenue and Mueller Street. Current Zoning: Proposed Overlay Designation: Current Use of Property: "R-lB"- One-family Dwelling District "H-C" I - Historical-Cultural Landmark Preservation Overlay District Church. Obtain historical designation for the existing church. Purpose of Request: Adjacent Zoning: North - (across Mueller Street) "R-lB" One-family Dwelling District South - "R-lB" One-family Dwelling District East - "R-1B"/SP One-family Dwelling District with a Special Permit West - (across Oak Park Avenue) "R-lB" One-family Dwelling District Adjacent Land Use: North - (across Mueller Street) Single-family residences. South - Single-family residences. East - Educational building. West - (across Oak Park Avenue) Single-family residences. Zoning Report Case No. C1202-06HC (Oak Park United Methodist Church) Page 2 Comprehensive Plan: The Westside Area Development Plan policies support identifying and protecting any structures in the area that are of historical significance. The Preservation Plan recommends that the Landmark Commission should submit their findings to the Planning Commission and City Cotmcil for consideration of protective "H-C" Historical-Cultural Landmark Preservation designation on properties identified historically significant. Landmark Commission Background: The Landmark Commission is fulfilling its charge of designating, classifying, and protecting historical elements of the City of Corpus Christi, per the "H-C" Historical-Cultural Preservation Landmark overlay designation of the Zoning Ordinance, policy guidelines of the Preservation Plan, and element of the Comprehensive Plan. In 1997 the Landmark Commission completed the Corpus Christi Historical Site Survey and prioritized each property as to its historical valve to the city. Once properties were identified and prioritized the Landmark Commission continued to meet with property owners to promote preservation of their structure through the "H-C" Historical-Cultural Landmark Preservation overlay designation. Landmark Commission and Staff Analysis: On November 14, 2002 the Landmark Commission held a public hearing on Oak Park United Methodist Church request, to designate the subject property currently zoned "R-lB" One-family Dwelling District with the overlay designation "H-C" I - Historical-Cultural Landmark Preservation. The subject property was identified in the Historical Site Survey as being an historical element of the city and received a high priority rating. The Landmark Commission recommended the request be approved and for~varded to the Planning Commission and City Council for action. The "H-C" I overlay designation is a classification for buildings normally open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. if no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Connnission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "H-C" I overlay designation would require a 60 day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property o~vner may proceed with the demolition. In the event the property Zoning Report Case No. C 1202-06HC (Oak Park United Methodist Church) Page 3 owner and the Landmark Commission are not in agreement afler the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The original Prairie style church structure was built in the early 1930's as a one-story wood frame building. In later years additional classrooms were added to the original structure. The addition is a linear one-frame wood structure with extehor doorways fronting a covered pomh/walkway area. In 1940 the name of the church changed from Epworth Methodist Church to Oak Park Methodist Church. Later in the 1940s, increased church activities necessitated the construction of a new educational and recreational facility. In 1951 the new one-story Mediterranean influence sanctuary was completed. Exterior features of the brick sanctuary include a large single entry archway and a single bell tower that has vertical openings on four sides of the upper tower. The steps to the san are designed as a 2-part concrete arrangement with metal railing. Rectangular windows line the length of the building. It is the intent of Pastor Garcia and his congregation to stabilize and preserve the historical integrity of the church structure. Landmark Commission and Staff Recommendation: Approval. Attachments: Zoning Map H:\P LN-DIR~ERMA\WORD~ZONRPTS'2002\C 1202-06HCCCREPORT.DOC ~TERSTATE HIGHWAY .37 SCHO0 Dec 13, 2002- RP )0 CASE C120206HC Subject property ~ers within 200 feet listed on sttached ownership list COMMENTS RECEIVED FROM NOTICES MAILED Case No. C1202-06HC Oak Park United Methodist Church · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 18) Manuel Rangel, 3802 Mueller St. No written comment. Opposition: None. Il. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:~PLN-DIR~ERMA\WORD\COMMDATA\C 1202 -06HCCOM M ENTS .DOC PLANNING COMMISSION DRAFT MINUTES December 18, 2002 Metropolitan Community Church: C1202-03HC REQUEST: "R-2" District to "R-2" District with "HC-I" Historical-Cultural Landmark Preservation on property described as Bay View, Block 15 Lots 16-20 and located on the southeast comer of Craig and 11th Streets. South Bluff United Methodist Church: C1202-05HC REQUEST: "AB" District to "AB" District "HC-I" Historical-Cultural Landmark Preservation on property described as Bay View, Block 2, Lots 12 through 16, and located at the northwest comer of Elizabeth and 7th Streets. Oak Park United Methodist Church: C1202-06HC REQUEST: "R-lB" District to "R-lB" District with "HC-I" Historical-Cultural Landmark Preservation on property described as Oak Park, Block 9, Lots 10 through 12, and located on the southeast comer of Oak Park Avenue and Mueller Street. Ms. Goode-Macon explained that the churches are requesting a "HC-I" historical designation. Such designation is provided for buildings that are open to the public. The "H-C" I overlay designation is a classification for buildings normally open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30~day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30- day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "H-C" I overlay designation would require a 60 day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. Planning Comrmssion Minutes December 18, 2002 Case Nos. C1202-03HC, C1202-05HC, and C1202-06HC Page 2 Chairman Berlanga opened the public heating on Case Nos. C1202-03HC, C1202-05HC, and C1202-06HC. No one appeared in favor or in opposition. The public hearing was closed. Motion by Smith, seconded by Amsler, to forward a recommendation for approval of Case Nos. C1202-03HC, C1202-05HC, and C1202-06HC. Motion passed with Pusley and Zamora being absent. q Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE OAK PARK UNITED METHODIST CHURCH, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 10, 11, AND '12, BLOCK 9, OAK PARK, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "R-lB" ONE-FAMILY DWELLING DISTRICT WITH A "HC-I" HISTORICAL-CULTURAL LANDMARK PRESERVATION OVERLAY DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission and the Landmark Commission has each forwarded to the City Council its reports and recommendations concerning the application of Oak Park United Methodist Church for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Thursday, November 14, 2002, during a meeting of the Landmark Commission, and on Wednesday, December 18, 2002, during a meeting of the Planning Commission, and on Tuesday, February 11, 2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lots 10, 1 land 12, Block 9, Oak Park, located on the southeast corner of Oak Park Avenue and Mueller Street, from "R-lB" One-family Dwelling District to "R-1B" One-family Dwelling District with a "HC-r' Historical-Cultural Landmark Preservation Overlay District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. C:\(HLegDDC`cpy)\~6Feb~3.cpy\D~y~eDCu[tis\MYD~CS`t2~3\P&Z~RD~3~z~ning~rd\D~YLEC~2~3\HistCu~t\C12~206`HC~akPark~UMChur¢h .Ord.App&PC.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 11th day of February, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Doyle D('~ur~is Chief, Ab~ministrative Law Section Senior Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi C:\( H Leg D D C.c py)\06F e b03.cpy\Doyle D C u d is\M Y D O C S~003\P &ZO R D03~Zo n in g. o r d\DOY L ECU 003\HistC u lt\C 120206. H C. O a k Pa r k. U M C h u rch Ord.App&PC.doc Page 3 of 3 Corpus Christi, Texas __ day of ,2003 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott C:\( H L e g D D C. c py)\06 F e bO 3. c py\Doyle D C u rtis\MY D O C S~2003\P &ZO R DO 3~Zoning.o rd\DOY L E C~2003\Hist C ult\C 12 O 206. H C. O a k P ark. U MC h u rch .Ord.App&PC.doc 22 AGENDA MEMORANDUM PUBLIC HEARING: An Amendment to the Preservation Plan CITY COUNCIL ACTION DATE: DATE: February 6, 2003 February 11, 2003 Amendment to the Preservation Plan, An Element of the Comprehensive Plan, By Designating Property located at 1008 Furman Avenue as a "Potential Landmark" and by Adding Four (4) "HC" Zoning Designations and one (1) property that has been designated as a "potential landmark" within the Preservation Plan, Landmark Commission's Recommendation: Approval (11/14/02) Planning Commission's & Staff's Recommendation: Approval (12/18/02) Requested Council Action: Approval of "Potential Landmark" Designation and Text Amendment to the Preservation Plan listing property located at 1008 Furman Avenue as a "potential landmark" and four (4) "HC' Historical-Cultural Overlay Zoned Properties within the Preservation Plan (See Attachments A & Bt P~Z[EQ,~J~,~a~,~ The Landmark Commission is fulfilling its charge of designating, classifying, and protecting historical elements of the City of Corpus Christi, per the "HC" Historical-Cultural Overlay District of the Zoning Ordinance and policy guidelines of the Preservation Plan, an element of the Comprehensive Plan. The owner of property located at 1008 Furman Avenue is requesting designation as a "potential landmark" and listing within the appendixes of the Preservation Plan, and four (4) "HC" designated sites are also to be included within such appendixes for codification purposes. Designation of the historical element as a "potential landmark" will continue the success of preserving the city's history. Summary_: The property owner agreed, in writing, to designate and Gist the structure at 1008 Furman Avenue as a "potential landmark" according to the Zoning Ordinance and within the Preservation Plan. Classifying this property as such will satisfy a requirement of the "HC" Historical-Cultural Landmark Preservation District within the Zoning Ordinance. The requirement allows City Council to designate properties of historical importance as "potential landmarks." A "potential landmark" is defined as: "Any site, place, building, structure, or work of ad located on a single lot or series of adjacent lots under common ownership which has special character or aesthetic value as part of the development, heritage, archaeological, or cultural characteristics of the city, state, or the United States which has been designated by the City Council as a 'Potential Landmark' and is contained in the Corpus Christi Site Survey Phase I1." Agenda Memorandum February 6, 2003 Page 2 By designating this properly as a potential landmark, the removal or demolition of such property through the permit process will invoke a thirty (30) day stay of demolition/removal, unless public health, safety or welfare is threatened. The 30-day stay allows for the Landmark Commission to be notified and take action in preserving the structure, which is part of the historical integrity of the city. The Landmark Commission will attempt to meet with the owner(s) of the structure and provide alternatives other than demolition/removal. After meeting with the property owner and demolition/removal of the property is still desired, the Landmark Commission shall submit a letter to the Building Official releasing the property from the 30-day stay. If the Landmark Commission fails to act within the 30-day time period, the Building Official shall issue the demolition/removal permit. The Landmark Commission completed the Corpus Christi Historical Site Survey, Phase II in 1997; which was a precursor to "Potential Landmark" designation on properly. The Phase II Site Survey includes a total of 1,211 properties, whereby twenty-six (26) properties are currently listed as potential landmarks. These twenty-six (26) properties are excellent historical examples of Corpus Christi architecture prior to 1948. Additionally, four (4) sites, three (3) being churches (Metropolitan Community Church on Craig Street, South Bluff United Methodist Church on Seventh Street, and Oak Park United Methodist Church on Oak Park Avenue) and one (1) residential property (Graham-Grossman House on Oak Park Avenue) are designated with the "HC" Historical-Cultural overlay district. It is recommended that such sites be appropriately listed within the Preservation Plan for codification purposes. Planning Director FGM/Iw Attachments: 1 ) Memorandum from Landmark Commission Page 3 2) Response Form for Potential Landmark Status Page 4 3) Data Sheet from Corpus Christi Historic Site Survey Page 5 4) Zoning Map Page 6 5) Draft Ordinance Page 7 6) Catalog of "Potential Landmark" Page 10 7) Catalog of ""HC" Designated Landmarks Page 1 1 CC: Margie C. Rose, Assistant City Manager Development Services MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Members Deborah Douglas, Landmark Commission Chairman December 12, 2002 Designating 1008 Furman Avenue Property as Potential Landmark The Landmark Commission approved submitting property located at 1008 Furman Avenue, whereby such property owner has agreed to have the property classified as a "Potential Landmark," at the November 14, 2002 Landmark Commission meeting (see attached). Such property was included in the Corpus Christi Historical Site Survey. Classifying the property will satisfy a recommendation of the "HC" Historical/Cultural Landmark Preservation District within the Zoning Ordinance. The recommendation allows City Council to designate properties of historical importance as "potential landmarks." A "potential landmark" is defined as: "Any site, building, structure, or work of art located on a single lot or a series of adjacent lots under common ownership which has special character or aesthetic value as part of the development, heritage, archaeological, or cultural characteristics of the city, state, or the United States which has been designated by the City Council as a 'Potential Landmark' and is contained in the Corpus Christi Site Survey Phase By designating the property as a "potential landmark," the removal or demolition of such property through the permit process will invoke a thirty-day stay of demolition/removal unless public health, safety or welfare is threatened. The 30-day stay allows time for the Landmark Commission to be notified and to take action to save the structure which is part of the historical integrity of the city. The Landmark Commission will attempt to meet with the property owner to provide alternatives other than demolition/removal. After meeting the property owner and demolition/removal for the property is still desired, the Landmark Commission will submit a letter to the Building Official releasing the property from the 30-day stay. If the Landmark Commission fails to act within the 30-day time period, the Building Official shall issue the demolition/removal permit. In order for the Landmark Commission to meet the challenge of protecting historical resources of the community, the "HC" District was revised in 1990, which provided regulations to meeting this objective. The Landmark Commission completed the Corpus Christi Historical Site Survey, Phase II in t997, which was a precursor to the "Potential Landmark designation for properties. The Phase II Site Survey includes 1,211 properties and currently twenty-six (26) properties are listed as "Potential Landmarks." It is the ultimate goal of the Landmark Commission to designate more properties as "Potential Landmarks" and/or "HC" overlay designation. It is still the Landmark Commission's goal to create a continuous awareness in property owners of the value of their historical elements and assist the city in helping such structures survive through time. Landmark Commission Attachments ( H: WO RD\PLN D[ R\L[N DA\LAN DMARK\PLCOM\POTE NTIAL. M E M ) Page 3 RESPONSE FORM POTENTIAL LANDMARK STATUS MAY 2002 Please mark your response below and complete the properb/information. List mv property as a "Potential Landmark" Do not list my property as a "Potential Landmark" Address Of Proposed Potential Landmark! JO~) ~ ~'LJ~w~lx~v~. Please return this form and the corrected data sheet in the self-addressed envelope. Your assistance is greatly appreciated. (H:\WORD\LANDMARK'/RE.C:ONSEFORM.POT) Page 4 City Corpus Christi Corpus Clu-isti Historic Site Survey, Phase Il, Revised 6/91 Ama 3 Site No. F-052 Ntmaber 1008 Furman Own~ Rosales, I.E. ~3309 Lanier, 00TX78415 Original Owner Legal Shannon; Bk 1; Lt 2 DCSCnpdon Nuec~s County Tax Account #'s 10.Descriptiun UTM Seclnr Zoning Map Name 70-15 Corot ,~-,- 1910-1920s Pian/I'yI~ Modified L-plan Propcny/I'ype Rasidential · His[oric Function Domestic C'un-~m Funcdon Domestic StTlisdc Im'lu~nc~ Bungalow R301714; 7921-0001-0020 1 1,'2-story frame with altered pomh and detached garage/apartment. It has south facing bays, pier & beam foundation on concrete blocks, wood frame structural system, front gabled roof, composition shingles, extended pox eaves, exposed rafter ends, gabled dormers, and two exterior brick chimneys. The two bay porch is full width with gabled roof, short battered columns on brick pedestals, exposed rafter ends, and braces. Windows are 1/1 and 3/1 wood double hung; entry door is single, wooden, and glazed. 11. Present Condidon Fair 12.$igx~Ecance Not shown on 1919 Sanborn. Shown in 1927 City Directory as vacant; 1935 - Gaston T. and Mackie Grant, with Bickford Drug Store No. 1 and Wm. N. and Margue.te Newton; 1944. Claude R. and Ellen Welder Corp. Relationship to Sim: Bibllog~aphy Nueces County Appraisal Sally S. Victor Da~up~.,,-~ Jun 1, 1991 Priority High X DESIGNATIONS Na~onal Rcg ~d Nad~ Rag ~t ~C m~k~ ~t~U~ ~ ~e ~fi~ Potential Nadon~ Regist~ File N~e Muldple ~rw ~vi~ Low Page 5 '£S H/.9 HINO$ 133~J.S S3qdV£S H/noS Pa~e 6 AN ORDI'NANCE AbtENDZNG THE CZTY OF CORPUS CHRI'STT PRESERVATTON PLAN~, AN ELEMENT OF THE COMPREHENSZVE PLAN,, BY DES'rGNATI'NG PROPERTY LOCATED AT Z008 FURl,lAN AVENUE AS A "POTENTZAL LANDMARK" AND BY ADDI'NG FOUR (4) "HC" ZONI'NG DESZGNATTONS AND ONE (1) PROPERTY THAT HAS BEEN DESTGNATED AS A POTENTI'AL LANDF4ARK WTTHI'N THE PRESERVAT'[ON PLAN; PROVTDI'NG FOR SEVERANCE; AND PROVZDTNG FOR PUBLTCATTON. WHEREAS, the Section 28A-11.01.01 of the City's Zoning Ordinance requires the Preservation Plan to identify and catalog buildings, structures, sites, districts, areas, lands and other objects of special architectural, historical, archeological, or cultural value, as properties identified as Landmarks or Potential Landmarks, along with statement of fact, which verify their significance; and WHEREAS, the City Council designated four properties with the overlay "HC" Classification including the Metropolitan Community Church, HC-[, Sharon Chatterton Home, HC-F, South Bluff United Methodist Church, HC-[, and Oak Park United Methodist Church, NC-I; and WHEREAS, the Landmark Commission held a public hearing on Thursday, November 14, 2002 on the Potential Landmark Designation located at 1008 Furman Avenue to receive comments from the public on whether the property should be designated; and WHEREAS, one (1) property owner responded to City Staff, in writing, and agreed to list the property as a Potential Landmark; and WHEREAS, the Planning Commission received a report from the Landmark Commission recommending designating one property as a Potential Landmark; and WHEREAS~ the Planning Commission held a public hearing on Wednesday, December 18, 2002 to receive comments from the public on whether the property should be designated a Potential Landmark and to consider this proposed amendment to the Preservation Plan; and DRAFT Page 7 WHEREAS~ the Planning Commission has forwarded to City Council its reports and recommendations concerning designation of the property as a Potential Landmark and on this proposed amendment to the City's Preservation Plan; and WHEREAS, on Tuesday, February 11, 2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, the City Council held a public hearing on the proposed designation of the property as a Potential Landmark and on this proposed amendment to the City's Preservation Plan, during which all interested persons were allowed to appear and be heard on the; AND WHEREAS~ the City Council has determined that this amendment to the Preservation Plan would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. BE ZT ORDA?NED BY THE CTTY COUNC?L OF THE CTTy OF CORPUS CHRt'STT, TEXAS: SECT]ION :L. The City of Corpus Christi Preservation Plan, an Element of the Comprehensive Plan, is amended by adding four (4) "HC" designated Landmarks to Appendix A, a copy of which is attached to the ordinance. SECTlrON 2. The City of Corpus Christi Preservation Plan, an Element of the Comprehensive Plan, is amended by adding one (1) Potential Landmark to Appendix B, a copy of which is attached to the ordinance. SECT]ION 3. The property listed in Appendix B, Catalog of Potential Landmarks, of the City of Corpus Christi Preservation Plan is designated as a Potential Landmark and the provisions of Section 28A-7.01 of the Zoning Ordinance apply to the demolition or removal of the Potential Landmark or its permanent landscaping. SECT'[ON 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. Page 8 SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Page 9 CATALOG OF "POTENTIAL LANDMARK" DECEMBER 2002 NAME STREET ADDRESS & LEGAL DESCRIPTION ZONING DESIGNATION Enmendo Torres 1008 Furman Avenue Shannon Bk 1• Lot 2 R -1B Attachment A (H: WORD\PLN-DIR\LINDA\WORD\ORD\HCPOTENTIALLANDMARK.ORD.DOC) b G 09 O CATALOG OF "HC" DESIGNATED LANDMARKS DECEMBER 2002 Attachment B (H:WORD\PLN-DIR\LINDA\WORD\ORD\HCPOTENTlALLANDMARK,ORD.DOC) b w m STREET ADDRESS & LEGAL OVERLAY ZONING W/— HC-NAME DESCRIPTION DESIGNATIN 1315 Craig Street Metropolitan Community Church Bay View Bk 15 Lots 16-20 R-2/"HC-I" 821 Oak Park Oak Park, Bk 2, Lots 1-4 & Sharon Chatterton Lots 21 & 22 R-1B/"HC-F" South Bluff United Methodist 1329 Seventh Street Church Bay View Bk 2 Lots 12-16 AB/ -HC -I" 878 Oak Park Oak Park United Methodist Church Oak Park Bk 9 Lots 10-12 R-1B/"HC-I" Attachment B (H:WORD\PLN-DIR\LINDA\WORD\ORD\HCPOTENTlALLANDMARK,ORD.DOC) b w m 23 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Earned Income Tax Credit Presentation by the Asset Building Coalition EIC Task Force STAFF PRESENTER(S): Name Title/Position Department OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Allen Itz 2. Sylvia Ford Member of the Asset Building Coalition EIC Task Force Member of the Asset Building Coalition EIC Task Force ISSUE: In the year 2001, an estimated $23 million in the form of unclaimed Earned Income Credit were lost in the Coastal Bend. BACKGROUND: EVENT DESCRIPTION: The Earned Income Credit (EIC) is for certain people who work and have earned income under $34,178. Generally, this credit is usually claimed and received at the end of the year. Regulations allow workers to receive a percentage of the credit in advance throughout the year in their paychecks. The advanced credit means: 1) More take home pay for every eligible worker who files for the credit, 2) a more stable workforce for local employers, 3) more dollars circulating in local economy. REQUIRED COUNCIL ACTION: None Required 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDAITEM: Downtown .Transportation Services Feasibility Study presented by Parsons, Br, nckerhoff, Transportation Consultants and the Corpus Christi Regional Transportation Authority STAFF PRESENTER(S): Name Title/Position 1. NA Department OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Linda Watson 2. Alan Wulkan, R. General Manager, Regional Transportation Authority Vice President, PBConsult, Inc. ISSUE: To present the recommendations of the first phase of the Downtown Transportation Feasibility Study. BACKGROUND: The City of Corpus Christi is a funding and project partner in this endeavor. The purpose of the new Arena, the expanded Convention Center and the other improvements in downtown, and recommending the role that transit should play to alleviate congestion and parking. Possible alternatives include trolleys, light rails, buses, special services, and water transportation. Deputy City Manager Additional Background Exhibits Regional Transportation Authority TO: The Honorable Loyd Neal, Mayor David Garcia, City Manager City of Corpus Christi FROM: Linda Watson, General Manager Corpus Christi Regional Transportation Authority DATE: February 3, 2003 RE: Presentation to City Council on Downtown Transportation Feasibility Study On behalf of the Regional Transportation Authority, I ask to be placed on the City of Corpus Christi Council Agenda of February 11, 2003 to present the recommendations of the first phase of the Downtown Transportation Feasibility Study. The City is a funding and project partner is this endeavor. A copy of the executive summary is enclosed. The purpose of the study was to assess transportation needs for downtown with the opening of the new Arena, the expanded Convention Center and the other improvements in downtown, and recommend the role that transit should play to alleviate congestion and parking. Possible alternatives include trolleys, light rail, buses, special services, and water transportation. A second phase of the study is underway. This project will analyze the impacts of projected downtown development on demands for public transit services in the RTA service area and MPO region. It will present recommendations on an integrated transit plan that will improve transit service affecting Nueces and San Patricio Counties. The first Project Advisory Committee (PAC) meeting will be held on Wednesday, February 12, 2003, at 1:30 pm in the Ortiz Center, Corpus Christi. All Corpus Christi City Council Members are invited. If you have any questions before the meeting, please contact me at your convenience. (361) 289-2712 · 5658 Bear Lane · Corpus Christi, Texas 78405 · Fax (361) 289-0605 The B Customer Center · (361) 883-2287 · 1806 S. Alameda · Corpus Christi, Texas 78404 · Fax (361) 883-9938 Downtown Transportat/on Fea$ibi/ity Study Execu~ve Summary Executive Summary Purpose of the Study The City of Corpus Christi is in the process of implementing one of the most aggressive capital improvement programs in the City's history. An expanded convention center, new multi-sports arena, new minor league baseball stadium, a rebuilt seawall with improved access and amenities, planning for marina privatization, and much more is underway in the downtown and bayfront area thanks to voter approval and strong political leadership. A partnership of local government and civic organizations (Corpus Christi Regional Transit Authority, City of Corpus Christi, Port of Corpus Christi, Corpus Christi Metropolitan Planning Organization, Corpus Christi Downtown Management District, and Corpus Christi Chamber of Commerce) identified a critical need for expanded public transit to support the expected activity which will be generated by these new developments. The Downtown Transportation Feasibility Study has been the first product of this partnership. To undertake this study, the project partners hired PB Consult to explore the full range of potential enhanced transit services that might be feasible for downtown Corpus Christi. The purpose of the study was to determine, if after a technical, financial, and public review of potential transit improvements, it would be feasible to proceed into the federal implementation process for ma~ior capital improvement projects [Feasibility Study. ~> Environmental Analysis / Preliminary Engineering~ ~> Final Design~ ~ Constructiom ~> Operation]. Public Involvement In addition to the project partners, an extensive public involvement program was implemented to provide input and guidance for the study. The main component of the public involvement program was the Project Advisory Committee (PAC), consisting of volunteers and community leaders from a broad cross section of the community. Over 70 individuals were invited to attend and participate in the three PAC meetings, each of which included a question and answer period and feedback forms to obtain information from the members. Other public involvement activities included: A public open house which provided the general public an opportunity to review and comment on the results of the initial screening of vehicle types and alignment alternatives; 2) Displaying the results of the initial screening of vehicle types and alignment alternatives and distribution of surveys at a community Rotary Club meeting and at the region's major retail shopping center (Padres/Staples Mall); 3) Distribution of tourist surveys to guests at several downtown hotels to obtain visitor input on preferences of current and enhanced transit to reach any of the existing or planned activity centers, type of vehicle preferred, what attractions enhanced transit should provide access to, and reactions to the existing downtown transit options; 4) Key leader interviews conducted with community leaders to obtain their comments/suggestions on the need for transit improvements, their vision of future downtown transit services, their preferences on vehicle type and alignment alternatives, and other concerns related to the study and the study area; and 5) Presentations made throughout the study process to the Corpus Christi Downtown Management District, the Port of Corpus Christi, the Corpus Christi Metropolitan Downtown Transportation Fea~ibi/ity SbJdy Executive Summary Planning Organization Transportation Advisory Committee, and the Chamber of Commerce Transportation Subcommittee. The majority of comments received during the pubic involvement program indicated that the concept of an enhanced downtown transit component would benefit the community and that the study should continue beyond the feasibility stage. Technical Analysis The technical analysis was conducted in two phases. The first phase or Tier 1 analysis looked at the universe of potential transit vehicle alternatives (existing buses, bus rapid transit, light rail, vintage trolleys, heavy rail, monorail, and others) and all potential downtown street alternatives. Transit vehicle and street alternatives with "fatal flaws" or other undesirable qualities were eliminated from further consideration. Three transit vehicle options (expanding the existing bus system, bus rapid transit, and vintage trolleys) and six street alignment alternatives were carried forward to the more detailed second phase or Tier 2 analysis. The Tier 2 analysis, while still conceptual at this point, evaluated the alternatives that survived the Tier 1 analysis by looking at more detailed information including: operations planning; capital and operating costs; ridership potential; engineering issues; land use and economic development potential; traffic, and public acceptance. The results of the Tier 2 Analysis resulted in the recommendation of the locally preferred alternative. Recommendation The technical and public involvement results of the Downtown Transportation Feasibility Study identified the locally preferred alternatives to be a vintage trolley vehicle (see Figure 1), similar to those in Memphis, Tampa, Portland and Seattle, operating on one of the two alignments shown in Figures 2 and 3. Order of magnitude ridership estimates, capital costs and operating costs were developed for the locally preferred alternative. At this conceptual level of analysis, daily ridership estimates (1,650 passengers), capital cost estimates ($22M - $33M), and annual operating cost estimates ($482,000) are comparable to similar vintage trolley projects being constructed, with assistance of federal funding, in other US cities. (Detailed engineering and further technical assessments are still necessary which will result in refinement to the above estimates). Potential capital cost funding options could include a combination of federal, state, local, and private sources. Federal sources include the New Starts Discretionary Grant Program that funds between 50 percent and 80 percent of major transit capital improvement projects. Examples of State sources include Texas Enterprise Zone Incentives, Statewide Transportation Enhancement Program, and/or the State ]Infrastructure Bank Loan Program (SIB). Examples of local sources, as used in other US cities, include RTA's transit sales tax, tax increment finance districts, the city bond Source: Parsons Br/nckerhoff and G/gnac &Assoc/ates 2002 Figure 1 - Simulation of Potential Trolley Adjacent to New Arena Downtown Transporta~on Feasibility Shady Execu~ve Summary program, certificates of obligations, admission fees on event tickets, parking revenue, cost sharing on roadway improvements and/or hotel/motel tax. Finally, public-private partnerships in the form of developer participation, land donation, and/or improvement districts for streetscape, landscaping and lighting could also be used. Next Steps Although the results of the study identified a locally preferred vehicle type and alignment alternatives, this does not mean that this will be the vehicle and alignment location that would finally be constructed. As stated earlier, this study is the first in a series of federally required steps that would eventually lead to the construction and operation of a transit improvement project. This study determined that based on the results of the technical and financial feasibility analysis and the feedback from the public involvement program, the project should move forward with the next step in the federal implementation process -- an Environmental Assessment and Preliminary Engineering. Figure 2 - Alternative 5 Figure 3 - Hybrid Alternative 2 and 5 iii 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation by Solid Waste Services Staff on the collection and disposal of tires within the City of Corpus Christi City Limits. STAFF PRESENTER(S): Name Title/Position Department 1. Jeffrey D. Kaplan Director Solid Waste ISSUE: Collection and disposal of tires city wide. BACKGROUND: Council requested an update of Solid Waste Services that are provided for collection and disposal of tires city wide. Currently, Solid Waste Services provides three avenues for disposal by residents of tires city wide. The first is at the quarterly Household Hazardous Wastes events at the J. C. Elliott Landfill. The second is at the Cash for Trash events held at the J. C. Elliott Landfill. And the third option is collection by the Solid Waste Services Brush crews during heavy brush collection which includes a charge of $5.00 per tire. The charge is added to the resident's utility account for the next months billing cycle. REQUIRED COUNCIL ACTION: Direction to address the collection and disposal of tires city wide. Additional Background Exhibits X (~¢~art/ment HEad Signature) TIRE DISPOSAL PROGRAM POSITION PAPER FOR COUNCIL PRESENTATION FEBRUARY 11, 2003 CURRENT ISSUES: Council requested an update of services and options regarding the collection and disposal of used or scrap tires. There is currently no local market for recycling used tires and due to disposal regulations, there are limited options a citizen has to dispose of these products. If the tires do not have a useful tread life, the local used t/re retailers are not interested in them thus the only option would be to dispose of them properly. Currently the only location this community has for a disposal site is the J.C. Elliott Landfill. STATE/LOCAL SUPPORT: The State of Texas does not offer any support in the form of incentives and/or mandatory requirements for citizens to dispose of their used tires. On a regional or local level, the support is limited usually from the region's Council of Governments. The COG works with local governments and offers financial support on a very limited basis usually in the form of grants allocated from TCEQ. One of the problems is that South Texas does not have a local reprocessing center that could take advantage of the market and maximize the recycling efforts. STATE REGULATIONS From 1992 to 1997, the State through TCEQ offered some direct assistance. A $2.00 fee was collected for each tire purchase and used to offset the cost of recycling and/or shredding tires. A small percent of the funds collected was also used to curb the illegal dumping of tires through out the State. In 1997 the State rescinded the fee and currently there is no direct financial assistance from TCEQ. The State still regulate the amount of tires at any one location and the transportation to and from those sites. Local retailers follow the same regulation the City falls under and must disposed of the tires in the same manner. TIRE DISPOSAL OPTIONS: The current City Ordinance defines the fees the City can collect. At oar landfill the City collects... $1.00 per tire up to 16", typically passenger car tires $2.00 per tire for truck or large trailer tires (16"- 19") $3.00 per tire for Tractor tire less than 20" Greater than 20 inch tires are not accepted The current contract for off-site removal and disposal costs the City $1050 per trailer load. The current YTD loads for FY02-03 are 17. Each load can carry up to 750 t/res depending on the tire size and condition. Our Heavy Brush crews move through each area of the community every 4 to 6 weeks and will pick up discarded tires from residents for a $5.00 fee per tire. Twice yearly (April and October) we sweep the city and pick-up tires for free (up to 4 per residential address) when setout with heavy brush. Four times a year the JC Elliot landfill offers "free disposal days" where a citizen can dispose of up to 4 tires free of charge. (Oct 2002, Jan 2003, April 2003 & July 2003). We do not accept tires during our "Cash for Trash" and "Household Hazardous Waste" events. On normal operational days the average passenger car tire can be disposed of for $1.00 per tire. Local retailers do give the citizens an option of disposing their tires for a fee ranging from $.75-$3.00. The retailer voluntarily offers this option and is not mandated by State regulations or local ordinance. If they do collect used tire then they are obligated to dispose of them properly. CONCLUSION: Several options are available in our community but on a controlled basis due to the State regulations concerning storage and volumes. Local tire retailers have developed their disposal criteria based on their individual business plans. 2 Solid Waste Services Tire Disposal and Recycling Program Current Issues • Tightly controlled by regulations re: use for a used/scrap tire — No local market — Recycling • Rubberized asphalt • Crumb rubber used for fuel additives and play grounds • Limited disposal options — Local/State Opportunities — State Regulations — JC Elliot landfill State/Local Support • State Incentives/Mandatory Targets- - None • Regional/Local Recycling Industry- - Limited • State Financial Support- - Limited • Local Re -processing- - None State Regulations • TCEQ rescinded their fee in 1997 — In force from 1992-1997 $2 fee was used to offset cost for recycling and/or shredding tires % of fund was also use to clean up illegal dumping • No more than 500 tires can be stored in one location (landfill) on the ground • No more than 2000 tires can be stored in a trailer by a licensed generator • Hauling tires requires TCEQ and certain manifest requirements • Retailers have same responsibility as Municipality 0 Tire Disposal Options • Landfill Disposal (Regular Operational Days) — $1.00 per tire disposal cost for up to a 16 inch tire -passenger car tire — $2.00 per tire disposal cost for a 16-19 inch-truck/trailer tire — $3.00 per tire disposal cost for a tractor tire less than 20 inch size — Tires greater than 20 inch are not accepted — Contract with vendor for off site removal and disposal $1050 per load of up to 750 tires by contracted hauler In FY02-03 YTD we have disposed of 17 loads Heavy Brush Pick-up — Pick up in front of residence or business — $5.00 per tire disposal cost added to utility bill — April/October free tire (up to four tires per address) disposal for each resider Free Disposal Days — Free disposal of tires for residents -quarterly (limit of 4 tires) Disposal cost at retailer — Cost ranges from $.75-$3 per tire — Retailer responsible for disposal — Buying tires without turn -ins (no disposal cost assessed) Conclusion • Several Options are available • We are controlled by State regulations concerning volumes/storage @ landfill • Retailers are voluntarily establishing disposal criteria based on their business plans 11 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: The One Stop Development Center Business Plan STAFF PRESENTER(S): Name Title/Position Department 1. Margie C. Rose, Assistant City Manager 2. Arthur N. Sosa, Director of Dev. Services 3.Michael N. Gunning, Assist. Dir. Dev. Services OUTSIDE PRESENTER(S): Name Title/Position Development Services Development Services Development Services Organization 1. N/A 2. N/A ISSUE: This presentation is to inform the City Council about the One Stop Development Center Business Plan. BACKGROUND: The Department of Development Services was created in response to a directive from the City Council to improve services offered to the development community. The One Stop Development Center Business Plan describes those improved services. REQUIRED COUNCIL ACTION: No Action Required. Art Sosa, Acting Director Development Services Additional Background Exhibits · Department of De velopment Services One Stop Center Business Plan yea One Stop Center 2406 Leopard Street (@ Port) -First Floor City Council Directive (City Council Retreat - 1999) ■ Convenience in a Single Location ■ Streamlined, More Timely Services ■ Superior Customer Service Our Customers (The Development Community) ■ Single Owners or Groups of Owners ■ Commercial/Residential Developers ■ Home Builders ■ Architects & Engineers ■ Home Designers ■ Realtors & Title Companies ■ Contractors, Subcontractors, and Materials Suppliers Research &Concept Development ■ Texas Cities Tour ■ Capstone Solutions ■ Zucker Management Consultant and Assoc. ■ Snap s e Consulting and Associates ■ Developers Advisory Group Creation of Department ■ Service Consolidation Planning Special Services Inspection Operations ■ Assignment of Leadership Assistant City Manager Director Assistant Director Mission Statement ■ The Department of Development Services will: ■ improve the services offered to the development community; ■ practice and promote superior customer service; and, ■ will promote compliance with all development codes, promoting sustained growth in the City of Corpus Christi. Business Philosophy ■ The Department of Development Services shall be run as closely as possible to the way one runs a private sectorbusiness. ■ The city is in the business of providing municipal government. Planning Organizational Chart Director Assistant Director Special Services Ordinance Administration Comprehensive Planning Information Technology Executive Assistant Inspection Operations Building Inspections Electrical Inspections Plumbing/Mechanical Inspections Plan Review Permits Process Re-engineering ■ On -Line Services ■Flow Charts and Timelines ■ Service Guarantee (Refund Policy & Program) ■ Corpus Christi Growth Watch Customer Service Initiatives •Customer Service Training (Outsource) .Customer Service Training (In -House) •Secret Shopper .Surveys .Employee Incentive Program Customer Service Initiatives Continued ■ Outreach Efforts ■ Economic Development ■ Public Relations ■ Networking with Outside Agencies ■ Payment Options - credit cards, escrow accounts, monthly billings Begin With "Intake" ■ Creation of an Intake Team Concept ➢Receptionist ➢Front Counter ➢Streamline Procedures Automation of Services ■ Online Applications for Platting/Zoning ■ Online Permitting ■ Enhanced Website ■ Data and Databases ■ Construction Documents Review and Approval ■ HTE/TLI Software ■ Permit Application Log -In and Tracking Planning Section ■ Unified Development Code ■ Pre -submittal Meetings ■ Project "Process" Manager ■ Unified Coastal Management Program ■ Long-range Annexation Plan ■ Base Map and Maintenance of Layers ■ Electronic Data Submittal Special Services Section ■ Utility & Street Construction Specifications &Graphic Standards ■ Inspection and Approval Procedures Inspection Operations Section ■ Real Time Inspection Results ■ Code Adoption Enhancements to Date ■ Utility Taps Office ■ Cashiering ■ Plan Review Turnaround ■ Fax Application for Certificate of Occupancy Philosophy of Center Design ■Floor Plan ■All Services at One Location ■Attractive Waiting Area ■Intake Area -Public Computers ■Flexibility -Systems Furniture Construction Schedule ■Completion -February 18, 2003 ■Begin Move -February 26, 2003 ■Limited Service (New Location) - February 28, 2003 ■Full Operation -March 3, 2003 ■ Open House -March 7, 2003 Questions &Comments m Intake 0 NRNITURE ENCE PLAN) NORTH 27 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/11/03 AGENDA ITEM: (Caption as it should appear on the agenda) Resolution adopting the City of Corpus Christi's transition plan of barrier removal for accessibility of the City's public facilities, services, activities and programs, under Title II of the Americans with Disabilities Act (The ADA). ISSUE: Staff to provide the City Council with the updated Title II ADA transition plan and seek adoption of structural and non-structural recommendations for accessibility to the City's public facilities, services, activities and programs. REQUIRED COUNCIL ACTION: City Council adoption and approval for ADA transition plan implementation. PREVIOUS COUNCIL ACTION: No prior action on the above items. (Informational presentation and discussion on 09/09/02.) FUNDING: Recommended items for implementation have been categorized: Cateqory Recommended Fundinq Source Public Facilities Programs Site Development Outreach Citywide Curb Ramps Individual Curb Requests CDBG Program Beginning FY 2003-04 Operating Budget Beginning FY 2003-04 Operating Budget Beginning FY 2003-04 Operating Budget Voter-Approved Bond Program Beginning FY 2003-04 Operating Budget CONCLUSION AND RECOMMENDATION: Staff recommends approval of the City's ADA Title II comprehensive evaluation and transition plan. Implementation of these recommended items for barrier removal will provide greater access to the many City services, activities and programs that are available through the City's public buildings and right-of-ways, for citizens and visitors. L. David Ramos, Human Relations Director and Citywide ADA Coordinator Attachments: Final Draft of the City's Title II ADA comprehensive evaluation and transition plan. BACKGROUNDINFORMATION The City's ADA transition plan draft was presented to the City Council on September 9, 2002 for review with no action at that time. During the Council's discussion of the ADA transition plan draft and presentation, a few directives were given for staff to proceed toward finalizing the transition plan. Those directives included: I. Gain advisory board input of ADA transition plan draft document. II. Reduce the implementation time frame of public facility projects from 3 years to 1 year. III. Provide more definitive information on the implementation time frame for the Citywide Curb Ramp projects. The ADA transition plan was presented to the following City committees/commissions through monthly meetings and/or special workshops: A. The Committee for Persons with Disabilities (CFPWD) reviewed the ADA transition plan and provided changes through several discussions. These committee changes have been incorporated into the draft transition plan. The CFPWD endorsement the draft plan as revised. B. The draft transition plan was then presented to the Park Advisory Committee, which endorsed the plan after committee discussion. C. The Human Relations Commission was then presented with the draft transition plan. There were no further changes, and the Commission also endorsed the draft transition plan. II. Implementation of barrier removal projects within City public facilities has been changed to a 1-year time frame and incorporated into the City's FY 2003 Capital Improvement Project (CIP) budget, with recommended funding through the FY 2003 CDBG Program. The FY 2003 CIP budget has been endorsed by the Planning Commission and already adopted by the City Council. A listing of the recommended public facilities projects is found in Appendix A of the City's final draft Title II Comprehensive Evaluation and Transition Plan document. This listing consists of items for barrier removal to allow for accessibility, per departmental self-evaluations and later reviewed by pertinent departments. The estimated costs to remove these barriers were derived from City staff's experience and knowledge of similar barrier removal projects through 2002 with some vendor input. Once the ADA transition plan is adopted by the City Council, actual costs will become available through competitive bid processes of the construction market and related industries for the various public facility projects in the transition plan. Ill. In December 2002, implementation of the Citywide Curb Ramps within the ADA transition plan was recommended under the City's FY 2003 CIP short-range and long- range planning. A proposed list of curb ramp priorities was reviewed by the Committee for Persons with Disabilities, and their subsequent changes incorporated into the FY 2003 ClP Draft Budget. These priority curb ramp projects are now included in the City's FY 2003 ClP Adopted Budget, with their estimated completion in FY 2011-12. Committee input in prioritizing further curb ramp projects will be sought annually, prior to the City presenting the draft CIP document to the Planning Commission for review. At this time, the recommended funding of these Citywide Curb Ramp projects is through voter-approved bonds. Following the input, from interested persons through various meetings over the past few months, Staff has updated the draft ADA transition plan document. With respect to the City's ADA transition plan, the FY 2003 CIP Budget process is complete, the FY 2003 CDBG Funding process is now underway, and the FY 2003-04 Operating Budget process is soon to commence. At this time, Staff submits the final draft of the City's ADA transition plan for City Council consideration and adoption. C~ity of _._ __ ~9rpus. .._~ ._.~' UhrlStl Title II Comprehensive Evaluation and Transition Plan FINAL DRAFT Presented February 11, 2003 City of C~grpus. Uhnst~ ADA Title II Comprehensive Evaluation And Transition Plan Table of Contents General Background General ADA Requirements and Information Action Plan for Barrier Removal and ADA Compliance Public Facilities Services/Activities/Programs Public Curb Ramps Site Development Intergovernmental Agencies/Public Businesses Outreach and Training Funding Options for Estimated Implementation Itemized List of ADA Improvements and Estimated Costs Detail of Program Policy Evaluation Related Global City Policies Summary of Public Input from Public Meetings Supplemental Information on Curb Ramps General Definitions and Terms Page No. 1 2-5 6 6 7-9 10-11 11-12 12 12-13 13-17 Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Final Draft - 02/07/03 City of ADA Title II Corpus Comprehensive Evaluation =-- Christi And Transition Plan For Accessibility of Physical Facilities, Services, Policies and Programs In Compliance with the Americans with Disabilities Act (ADA) The Americans with Disabilities Act (ADA) is a broad based Civil Rights legislation affecting nearly every aspect of life for over 54 million Americans by ensuring equal opportunity in the areas of employment, state and local government services, public accommodations, and telecommunications. The ADA was enacted on July 26, 1990 with Title II becoming effective on January 26, 1992. In accordance with the Americans with Disabilities Act, state and local governments are obligated to conduct a self-evaluation of their facilities, programs and services. Agencies then must create a Transition Plan to address those barriers identified in the self-evaluation by providing remedies, cost analyses and time frames in which to eliminate these barriers. A person is covered under the Americans with Disahilities Act if: He/she is substantially impaired with respect to a major life activity; be/she has a record of such impairment; he/she is regarded as having such impairment. At this time, city and state governments are required to insure nondiscrimination on the basis of disability in all public progrmns, services, and activities, hnplementing the ADA is a constant and on-going process. New issues arise daily and the City and its staff must address these areas of concern as they arise. A majority of the resources will be committed to the largest, highest priority issues that need to be addressed, such as physical access. In addition to addrcssing physical access issues, the City will also address access to services, activities and programs. Some of the solutions will include relocating services, activities and programs, as well as modifications to services, activities and programs. The main goal is to improve access for all Corpus Christians with disabilities on cvery level possible. The Americans xvith Disabilities Act requires the development of a Transition Plan describing how the municipality will work to ensure compliance with requirements of the Act. The Act requires that facilities, services, activities, policies and programs be accessible in the most integrated manner possible. Municipalities are not necessarily required to make structural changes in existing facilities, as long as services, activities, policies, and program accessibility can be achieved by alternate means. Final Draft - 02/07/03 GENERAL ADA REQUIREMENTS AND INFORMATION The Americans with Disabilities Act (ADA) of 1990 is a Federal Civil Rights legislation, which contains the following five Titles: A. Title 1: Employment - prohibits employment discrimination against otherwise qualified individuals with disabilities. B. Title II: Public Setwices and Transportation prohibits discrimination in accessing services (including employment to the extent not already covered by Title I) provided by the state and local government entities. C. Title Ill: Public Accommodations - prohibits discrimination in places of public accommodation, commercial facilities, and transportation. D. Title IV: Telecommunications - mandates that telecommunication devices be in place for persons with hearing impaim~ents. E. Title V - Miscellaneous Titles I, Il and IV are applicable to the City and are made part of the City's transition plan. Title II of the ADA prohibits discrimination by public entities on the basis of disability by making all programs, services, and activities accessible to persons with disabilities. In order to accomplish this, the Department of Justice developed regulations requiring cities to conduct a self-evaluation of thc accessibility of its programs and services to determine xvhether issues of accessibility could be addressed through changcs in the way such programs and services are provided. The City is obligated to remove physical barriers to accessibility when program changes cannot ensure access to services, programs, and activities in existing bacilitics. Realizing that thc structural changes would take ti~ne and money to provide, the Department of Justice Rcgnlations, Federal Register 28 CFR Part 35 statc that in the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity that cmploys 50 or more persons shall develop, within six months of January 26, 1992 a Transition Plan setting forth the steps necessary to complete such changes. Additionally, ifa public entity has responsibility or authority over streets, roads, or walkways, its Transition Plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian xvalks cross curbs, giving priority to walkways serving entities covered by the Act. Undcrstanding that a diverse community ~nay have various preferences, at this time the City's Transition Plan focuses on applicable requirements. The ADA regulations further require the Transition Plan to contain the following elements: · A list of physical barriers in the public entity's l~acilities, which limit the accessibility of its programs, services, or activities to individuals with disabilities; · A detailed description of the methods to be utilizcd to remove these barriers and make the Pacilities accessible; 2 Final Draft - 02107103 · A schedule for the necessary steps to achieve compliance with Title II; and * A schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs. In 1992, the City Manager designated the Human Resources Department to oversee ADA and Disability Issues, and to advise the City on developing policies with regard to ADA implementation. At that time, an initial Self-Evaluation was conducted but due to funding constraints, little was done to implement a Transition Plan document. However, between 1992 and 2002, multiple improvements in ADA related projects and modifications, such as street and facilities were completed, primarily through the use of certain CDBG funding and Capital Improvement Program (CIP) funds. In June of 2001, the City Manager recognized the need to conduct an updated ADA Self- Evaluation of the current conditions within the City of Corpus Christi. The Human Relations Department became the designated department to oversee the Project. The Human Relations Director was designated as the Citywide ADA Coordinator, responsible for coordinating the development and implementation of the City's ADA Transition Plan. L. David Ramos, Human Relations Department, 1201 Leopard St., 4th Floor, Corpus Christi, TX 78401, (361) 880-3190 [Voice], (361) 880-3192 [Fax], (361) 844-1759 [TDD] has been designated to coordinate compliance with the non-discrimination requirements contained in Department of Justice regulations implementing Title 1I of the Americans with Disabilities Act (ADA), including section 35.107. Information concerning the provisions of the Americans with Disabilities Act, and the rights provided there under, is available from the ADA coordinator, and from the Office on the Americans with Disabilities Act, Civil Rights Division, U.S. Department of Justice, Washington, DC 20035-6118, (202) 514-0301 [Voice], 514- 0381 [TTY]. The City Manager also formalized the City's Title 1[ Public Notice that reads as follows: I The City qf Corpus Christi does ~zot discriminate on the basis of disability in the I admission or access to, or treatment or emplopment in, its pro,rams or activities. The City Manager also established a Transition Plan Core Group of individuals within various City Departments, with experience in addressing diverse needs of persons with disabilities. The City xvill am~ually review its monctary resources for ADA improvements. The City has conducted a Self-Evaluation of its programs, services, and activities in FY 2001-2002, to ensure that these are accessible to and usable by persons with disabilities. To effectively facilitate this process, the City Manager requested each department designate departmental ADA Coordinators, who were then responsible for ensuring that each Department completed the self-evaluation. The Citywide Coordinator assisted with this process by providing training and a recommended guide to follow while accessing their department's compliance with ADA. 3 Final Draft- 02~07~03 The City's strategy was to produce a self-evaluation for each department. The City began its departmental self-evaluation process shortly after the Human Relations Department became responsible for this process. Each department submitted their self-evaluation, identified deficiencies and proposcd areas of improvements. There were some follow-up on-site visits conducted by the Citywide ADA Coordinator and designated staff. This collective data was compiled into a comprehensive Self-Evaluation docmnent, integrated to provide the City with current ADA deficiency information as a whole. The Self-Evaluation examines each individual facility, evaluates the existing conditions and programs and lists those architectural and program barriers, suggests remedies, estimated costs and ti~ne frames based on priority and fcasibility considerations. Upon completion of the Self-Evaluation, six public hearings were held to receive feedback from the community. Comments from the community were incorporated into developing the Transition Plan document. Please see Appendix D. The Transition Plan process is an ongoing process that will include yearly evaluations and the publication of a documented summary of the progress made by the City with regard to thc items set forth in the Transition Plan. In FY 2002-03, the City conducted furtber departmcntal reviews of departmental policies and procedures for non-discrimination in persons accessing City programs and services. Methods of alternate communication tools for customer service were revisited as an opportunity to improve or enhance the nsc of alternate formats, including audio, video, Braille and large print. The Transition Plan is presented as a guide to address the identified deficiencies, provide proposed implementation time lines and funding options. These accessibility needs will be incorporated in the next immediate budget, commencing FY 2003-04. Appendix A information outlines thc City's draft Transition Plan by facility, time frame of implementation, and proposed funding. Thc goal of the City's ADA Title i1 Transition Plan is adhering to the letter of thc law and "doing the right thing" in a realistic manner for our diverse citizenry. The issue of serving the public in the most integrated manner possible is a high priority for the City. The City will continue to involve citizens with disabilities, advocates, boards and commissions m implementing its Transition Plan process for a more accessible Corpus Christi. In addition, the City Council will be advised mmually on the status of the Transition Plan implementation. The Transition Plan is a public instrument, which is an on-going working document to consider and incorporate City changes and issues as they occur. For example, the Architectural and Transportation Barriers Compliancc Board (ATBCB) has recently issued a final ruling on September 2, 2002 for accessibility of newly constructed and altered recreation facilities. This final ATBCB ruling becomes effective on October 3, 2002, yet pending final review and approval by the Department of Justice (DO J). The City's Legal Department anticipates a second phase of these rcgulatory guidelines to be issued by the ATBCB. The Legal Department is already reviewing the October 2002 ATBCB regulatory 4 Final Draft - 02~07~03 guidelines for application within the City of Corpus Christi. Upon final Federal approval or directive(s), any applicable changes will be implemented for compliance and incorporated into the Transition Plan. The Transition Plan will have a very positive impact on our Tourism Industry. It can be a focal point in bringing in conferences pertaining to disability issues and outreach. The City has also developed and implemented a Citizen's Complaint / Accommodation Request Form and Procedure for any further addressing ADA concerns (Appendix C). For definitions and examples of barriers, Appendix F has been enclosed for illustrative purposes only. 5 Final Draft - 02~07~03 ACTION PLAN FOR BARRIER REMOVAL AND ADA COMPLIANCE The ADA Coordinator has the responsibility of coordinating the development of the Transition Plan and assisting in the implementation of the City's Transition Plan. The City of Corpus Christi's Transition Plan has six sub-components: I. Public Facilities II. Services/Activities/Programs III. Public Curb Ramps IV. Site Development V. Intergovernmental Agencies/Pubic Businesses VI. Outreach and Training 1. PUBLIC FACILITIES The City's building inventory has approxilnatcly 320 facilities. However, further review indicated that the public only uses a portion of those buildings because some of those building are not designed for public use. Staff initially categorized the public facilities, by primary or secondary usage. The "Primary" usage facilities are those used more frequently by citizens, such as City Hall, the Health Department, the Police Department, Municipal Court, Public Libraries, etc. The "Secondary" usage facilities are those used less frequently by the public, such as the Fire Stations, the Water and Waste Water Department offices. However, upon City Council direction in September 2002, staff reduced the implementation of tbe recommended public facility ADA improvements to a 1-year timeframe, effective FY 2003 -04. Most of the City's facilities meet the requirements of the ADA; however, those requirements have changed with time. Appendix A identifies rccommcuded ADA modifications to become fully compliant with the applicable accessibility standards as those standards no~v exist. The Transition Plan establishes the estimated cost and time frame to implement remedies over a one-year period on City public facilities. Our goal is to have the public facilities fully accessible (meaning provision of an accessible path of travel) within an estimated one year from the efl'ective date of implementing this plan. Whan addressing all new and/or remodeling construction of facilities the individuals making decisions must consider the impact it will have on the Trm~sition Plan and ADA accessibility requirements and comply with those requirements. 6 Final Draft - 02~07~03 II. SERVICES/ACTIVITIES/PROGRAMS There are three major categories covered by Title 11: Those involving general public contact as part of the ongoing operations of the entity. Activities in this category include communication with the public (telephone contacts, office xvalk-ins, or interviews) and the public's use of the entities' facilities. Those directly administered by the entities for program beneficiaries and participants. Activities in the second category include programs that provide State or local government services or benefits. · Those involving accessibility to employment activities, such as accessible location where Interviewing/Testing are conducted. Each entity is required to complete a self-evaluation of its current Services, Activities, and Programs (SAPs), as the first step toward ADA compliance, determining what services are accessible and those that require modifications to meet the needs of people with disabilities. This self-evaluation form must be kept on file at least three years and be made available on request for public inspection. A comprehensive self-evaluation was undertaken by the City of Corpus Christi for the purpose of reviewing and assessing the City's Services, Activities, and Programs (SAPs) for compliance with the Americans with Disabilities Act (ADA). Each department identified the services it provides and was asked to determine if those services currently meet or could be modified to meet the needs of people with disabilities. Where possible, ADA deficiencies have been corrected or are in the process of being corrected. Remaining deficiencies are identified in Appendix A and Appendix B, under Program Accessibility. The Transition Plan established the estimated time flame and related costs. Most Program improvements will be initiated in the first year of the implementation phase. Because these program improvements are an ongoing process, it is recommended that funding be provided annually thereafter. Progq'ams are being modified to be integrated and inclusive to the fullest extent feasible, without fundmnentally altering the Program. The following are areas that were more comlnonly identified during the Self-Evaluation and citizen input and are not all encompassing of City SAPs: 1. Public Contact Public contact is typically defined as one-on-one interaction between staff member(s) and member(s) of the general public. Public contact may take one or more of the following forms: 7 Final Draft - 02/07/03 Telephone - Most City offices receive numerous calls on a daily basis requesting information on a wide range of topics. Additionally, the City provides assistance by telephone to persons with hearing impairments through the Police Emergency Assistance (911) by use of Telecommunication Devices for the Deaf (TDD) equipment. Access to other City services by TDD equipment will be coordinated through the Human Relations Department. City departments will be equipped with TDD devices where such a need arises. For those departments with TDD telephones, additional training will be provided by local agencies for applicable City customer service representatives and their back-up team members. The City's frontqine customer service staff spans various departments and facilities. To more readily assist customers with hearing impairments in departments without TDD equipment, customer service training will include the use of "Relay Texas". [nternet - The City provides access to varied reformation via its web page. Citizens are able to view information regarding nmnicipal regulations, council agendas, department services, employment opportunities, news and updates, information on doing business, alerts, and reports. Accessibility to the City's Internet is currently being addressed through a System Upgrade. Service Counters Walk-ins - Many offices within the City receive "custo~ner service traffic" on a regular basis, as part of the day-to-day opcration. Individuals "walk in" to request information and a variety of services. Thc Transition Plan includes recommendations for Counter modifications and forms available in alternate methods. The City will continue to provide accommodations upon request. 2. Printed Materials In interviewing departments, some staff members have found that (1) some customers prefer that staff read material aloud to them and (2) in other instances that certain customers have requested employees to communicate with them by writing notes. In 2003, the Human Relations Department will work with City departments to provide and maintain a uniform library of general information of City services on audio and videocassettes, with caption and/or sign language interpretation. In addition to direct public contact, information regarding City services, programs m~d activities is distributed through the use of printed materials. The Transition Plan includes recommendations for forms to be available in alternate methods. The City will continue to provide accommodations upon request. 8 Final Draft - 02~07~03 Community EducatioWAwareness Workshops and seminars are held for the public to increase awareness and offer resources in the community. The City will continue to provide accommodations upon request. Park and Recreation Services The City is in the process of exploring feasible integrated and inclusive recreational activities. Whenever a request for an accommodation is made, the Park and Recreation staff will address such an accommodation. Such decisions are made on a case-by-case basis. If that decision cannot be made at the staff level, the Director of Park and Recreation will request for an established Ad Hoc committee to meet and review the accommodation request. This committee consists of a Park and Recreation staff member, the Citywide ADA Coordinator and a representative from the City's Legal Department. A decision will then be presented to the person requesting the accommodation. The City will continue its efforts to provide services in the most integrated and inclusive setting possible without fundamentally altering the activity. Solid Waste Services Services of automated trash can pick up utilizes newer heavy cans that citizens place at the curb for pick up by the automated trucks. Persons with disabilities needing assistance for this service will continue to be accommodated through non-curb, manual pick up by the department. The City will continue to provide accommodations upon request. Policies One required component of the self-evaluation is a review of policies that affect accessibility to City scrvices. The ADA requires that where policies are found to be discriminatory, appropriate modifications will be made. Please also refer to Appendix C of related global City policies. Requests for Accommodation In providing accommodations based on a person's disability, the City will review the request at the program or departmental level, ffthe department is to meet the request for accommodation, then a copy of the accommodation will be provided to the City's ADA Coordinator. When the program manager or departmental ADA Coordinator needs assistance in rendering a determination for a requested accommodation, then the request will be forwarded to an Ad Hoc Review Committee for consideration and guidance. This review committee consists of a departmental representative, the City,vide ADA Coordinator and a representative from the City's Legal Department. If the request for accommodation is denied, then the requesting party may utilize the City's "Grievance on Accessibility Policy" and appeals process. Copy of policy enclosed as Appendix C. 9 Final Draft - 02107103 lll. PUBLIC CURB RAMPS The Citywide ADA Coordinator, Engineering Services, Development Services, and Street Department are responsible for the City's Transition Plan in respect to curb ramps. Most of the problems with curb ramps concern physical barriers, which cannot be addressed through other options such as policy changes, alternative methodologies, or adaptive aids. The City's approach toxvard curb ramp accessibility is to concurrently fund and implement: (1) citywide arterials and collector streets with higher concentration of public and commercial businesses, while providing (2) an annual budget for individual curb ramp requests. The City has maintained a process for individual curb ramp requests by citizens. With the assistance of the Engineering Services Department, installation of these curb ramps are bid and constructed, utilizing CDBG fimds. fhe City's Engineering Department recently analyzed the number of estimated curb ramps within 1,131 miles of City strccts, excluding TXDOT properties. The data has been recorded on a Geographic Information System (GIS) mapping program, which also identifies types of streets such as arterial, collector and residential. This analysis was used to determine the number of curb ramps along the street intersections and plot their relationship to adjacent public facilities. The information indicates that approximately 377 miles of curb ramps have been installed and constructed by the standards at that time. There are 280 estimated miles of both dedicated unconstmcted streets and those without curb and gutter construction. The remaining 474 miles estimate needed curb improvements and will be addressed by (1) substantial alterations of City street that incorporate accessibility standards and (2) additional l'unding through Bond Projects. In addition, as streets are rcconstructed, some existing curb ramps will need to be brought up to present accessibility standards. The Transition Plan prioritizes the construction of curb ramps include arterial/collector and finally residential streets where greater usage is expected, such locations as: transportation routes, public buildings, places of public accommodation, schools, shopping centers, residential neighborhoods, etc. This priority ranking was determined in part, by a citizen survey conducted in 1994 by the City of Corpus Christi with the assistance of the Regional Transportation Anthority, the former Mayor's Connnittee for Persons with Disabilities and local disability rights advocates. This Ad Hoc commiltee approved the citizen's survey ranking response. In addition to the above priority sequencing, curl) ramp construction may occur under the following circumstances: (1) Completion of comcrs of an intersection where only some ramps have been constructed; and (2) Request by a citizen for any area ~vhere there is a demonstratcd need. The Committee for Persons with Disabilities meets monthly with City staff regarding all disability issues. The Committee will continue to assist the City in recommending priorities for curb rmnp locations, in annual preparation of the City's Draft Capital Improvement Project (CIP) budget for consideration by the Planning Commission and ultimately the City 10 Final Draft - 02107103 Council. For the FY 2003-04 CIP budget process, the Committee prioritized curb ramps in City arterial and collector streets, including the downtown area, to commence in FY 2004-05 pending voter-approved bond funding. Furthermore regarding the remaining City miles of streets pending accessible curb ramps, the Committee recommended in October 2002 that those City miles on Padre Island be given lower priority, due to the lack of sidewalks on the Island. Furthermore, the Committee will continue to work with City Staff in making recommendations in prioritizing annual curb ramp projects throughout the Corpus Christi area. Initial prioritization of curb ramps through this Transition Plan has been given to highly utilized areas in complimenting public bus routes through the Regional Transportation Authority (RTA). A forecast of short-range and long-range CIP curb ramp projects is included as Appendix E. Strategies have been implemented to assist the City in meeting the curb ramp requirements. Since 1986, the City has and will continue to address ADA curb ramps that are incorporated into regularly scheduled street reconstruction projects. These projects are generally identified and approved through the City's CIP budget as well. The City's Development Services Department will continue to review plats/plans for new subdivision development. Whenever newly constructed or alteration of a street occurs the City will construct curb ramps along the route. The Regional Transportation Authority (RTA) has jurisdiction over the City's bus system and the location of bus stops. The City works closely with RTA to ensure that public transit stops are accessible. Consideration as to slope gradation and sidewalk conditions are looked at prior to the choosing of a transit stop location. IV. SITE DEVELOPMENT Development Services will continue to ensure access in new subdivision/commercial dcvelopment. The review and approval of plats/plans will ensure curb ramps are accessible; and new construction and alterations meet all physical accessibility requirements. Internal standards are being modified, i.e.: City's Code of Ordinances to ensure that this requirement is a standard process, prior to issuance of permits. New construction and renovations will meet all accessibility requirements. The Texas Department of Licensing and Regulation (TDLR) reviews all commercial projects of more than $50,000 lbr TAS compliance. The City is in the process of modifying their Code of Ordinances to cover the gap of all commercial projects less than $50,000 for TAS compliance. In promotion and education of accessibility guidelines, the City will provide pertinent staff with Texas Accessibility Standards (TAS) training through the TDLR's academy. 1 1 Final Draft - 02/07/03 Additionally, when the City enters into leases and contractual obligations, the City will adhere to ADA accessibility standards and requirements. The end product of the City's "Master Plan" will be utilized by Engineering Services to carry out implementation in the areas of construction, remodeling and retrofitting physical barriers. V. INTERGOVERNMENTAL AGENCIES/PUBLIC BUSINESSES In helping the City reach and maintain full ADA accessibility, the City ~vill undergo joint endeavors with other Intergovernmental AgeuciesfPublic Businesses. Those Intergovernmental Agencies/Public Businesses identified as key agencies, but not limited to, are: Regional Transit Authority, Council of Government, Texas Department of Transportation (TxDOT), Independent School Districts, Federal/State/Local such as Courthouse, Post Offices, Regulatory Offices such as TX Commission on Environmental Quality (fomrerly TNRCC), Public Businesses such as Hospitals, Medical Complexes, Malls/Commercial complexes. VI. OUTREACH AND TRAINING The Human Relations Department is working on Public Services Announcements (PSAs), informational videos and other community outreach materials to bring about public awareness of ADA related issues. The Citywide ADA Coordinator is the point of contact. Information has been distributed on the "Grievance on Accessibility" policy, complaints and requests for acco~nmodation through meetings with Departmental ADA Coordinators and Department Heads. Employees will be provided with the "Grievance on Accessibility" policy for general information purposes. The Human Relations Department is also uetworking with local Agcncies to help Facilitate outreach for training employees on how to address sensitivity/accessibility issues. These particular agencies are, but not limited to, the Texas Commission for the Blind and thc Corpus Christi Area Council for the Deaf. Internally, outreach materials and training have been developed, along with a commitment by designating certain staff as trainers. Ongoing awareness training will be provided to City employees, including City management. Additionally, the City's new employee orientation class covers City policies, including ADA. For reference, please see Appendix C. During the Transition Plan process, the Human Relations Department developed a citizen complaint procedure and form for individuals who have an ADA issue regarding accessibility. This new citizen complaint fon'n and policy was reviexved and endorsed by the Committee for Persons with Disabilities, then executcd by the City Manager. This new policy, entitled "Grievance on Accessibility", is encloscd as Appendix C. City Staff will also meet with City Boards and Comnfissions to discuss the goals and objectives of the Transition Plan and its implementation. Public service announcements are in process to inform the public about the City Transition Plan. The public may give input and comment on matters related to ADA to the Core Group, the Human Relations Department, 1 2 Final Drafl - 02/07/03 the Corpus Christi Human Relations Commission and/or the Committee for Persons with Disabilities. Any citizen can comment on items relating to ADA during the public comment item on the agenda of every scheduled public City Council meeting. In addition to attending meetings, individuals will soon be able to view and comment on the City's Transition Plan via the Internet at http://www.cctexas.com. The Internet can be accessed through any City Library. Hard copies of the City's Transition Plan are located in the Human Relation's Office at City Hall, 1201 Leopard Street, Corpus Christi, TX 78401. The "Grievance on Accessibility" policy has been announced through a press release by the City's Public Information Office. Copies of the new citizen policy will be distributed to local agencies. In addition, the policy and form are scheduled to be available by Internet. ADA concerns or complaints will be received by phone, mail or in person. FUNDING OPTIONS FOR IMPLEMENTATION OF THE TRANSITION PLAN The City has implemented a barrier removal program in City-owned public facilities, services, activities, programs and curb ramp construction. The Transition Plan is based on: the comprehensive Self-Evaluation, incorporating the City departmental self-evaluations; construction cost estimates from Engineering Department and Maintenance Services Department; and also input from people with disabilities, public mectings and consideration of the 1994 Citizen Survey. From the Self-Evaluation and Transition Plan, the City set targeted dates for completion, estimated costs and funding options (Please see Appendix A). Additionally, before renewing lease agreements of facilities and during negotiations, the City will review the responsibilities and requirements for ADA compliance with the lessee. Funding Options The City will continue exploring funding options. At this time the following resources have been identified to contribute in the funding of thc City's ADA improvements: I. Public Facilities and Services/Activities/Programs: Operating Budget - As presented in Appendix A, most of the current accessibility needs are within General Fund departments. Therefore, the City's Transition Plan list of improvements for facilities and programs will be phased into the Operating Budget over a five-year period. · Funding Related to Renovations and Building Alterations Where possible, relocation of department/division activities that include alterations, accessibility of items of the Transition Plan will be incorporated. · CDBG Funding - In the removal of accessibility barriers, the City will continue to seek CDBG funding to assist in accessibility endeavors. Funding is subject to Federal approval and guidelines. After endorsement by the City's Planning Commission and City 13 Final Draft - 02~07~03 Council approval in December 2002, the public facility ADA improvements have been adopted in the City's FY 2003-04 Capital Improvement Project Budget, pending Council approval of CDBG funds. lntergovermnental In collaboration with intergovernmental agencies, coordination of accessibility projects will be done as much as possible. 11. Public Curb Ramps: Along with continuing to incort~orate accessible curb ramps during street reconstruction projects, an annual budget increase of $lM for Cio*wide Curb Ramps for accessibility is recommended, beginning 2004-05. Recommemted annual budget increase of $130, O00 for Individual Curb Ramp Requests. · CDBG Funding Community Development Block Grant funding will be sought for the removal of accessibility barriers and assist in accessibility endeavors. Funding is subject to Federal approval and guidelines. · MPO - Metropolitan Planning Organization 80/20 matching Funds will be sought. These are long-term matching funds that thc City will seek for implementation of citywide arterial and collector curb ramps. · Bond Projects, as curb ramp projects are incorporated and voter-approved. 111. Site Development: · Operating Budget In promotion and education of accessibility guidelines, the City will provide pertinent staff with Texas Accessibility Standards (TAS) training tN:ough the TDLR's academy. The City will also provide outreach and awarencss of this activity to local industries, such as commercial developers and builders. IV. Outreach: · Operating Budget The City will promote and provide accessibility awareness. 1 4 Final Draft - 02107103 Short-Range Outlook Improvement Sites ADA Improvement Category Public Facilities Programs Site Development Outreach Citywide Curb Ram p s: _Priority 1 - 6 * Individual Curb Requests City Hall, Libraries, Health, Street/SWS Building, Recreation Centers, Senior Centers, Closed Captioning: Council Chambers & PSAs. Health, Libraries, Museum and various Customer Service areas. Training of Development Services staffon TAS Standards. Ongoing Citywide See Listing Below Estimated Project Begin Date FY 2003-04 CIP Budget FY 2003-04 Operating Budget FY 2003-04 Operating Budget FY 200%04 Operating Budget FY 2004-05 CIP Budget Estimated Completion Date FY 2004-05 Annually Continue with changes in TAS standards. Annually Estimated Cost $599,805 $136,730 Year 1 then $117,480 Annuall~ $10,000 $5,000 Annually $8M FY 2011-12 Varies, upon citizcn request FY 2003-04 $130,000 on an urgent basis. Operating Atmually Annually Budget *Locations for ADA curb ramps prioritized by the Committee for Persons with Disabilities. These locations for curb ramps include: Priority 1 - Downtown: Shoreline - Hirsch to Buford, Water- Hirsch to Buford, Chapparrah Hirsch to Buford, Mesquite - Lower Broadway to Brewster, Lower Broadway: John Sartain to Brewster; Arterial: Staples - Louisiana Parkway to Gollihar; and Collector: Carroll Lane - Staples to Tiger Lane. Priority 2 - Arterial: Staples - Williams to Saratoga and Collector: Tiger/Flynn/Corona - Carroll to Everhart. Priority 3 - Arterial: Ayers - Santa Fe to Horne, and Collector: Highland - Baldwin to 1 9th Street. Priority 4 - Arterial: Gollihar - Kostoryz to Everhart. Priority 5 - Arterial: Morgan - Ocean to Baldwin. Priority 6 - Arterial: Port -Agnes to Crosstown Expressway. Residential areas further determined by the Committee for Persons with Disabilities. 15 Final Draft - 02/07/03 c City of Corpus Christi ADA Transition Plan Implementation Short -Range Costs by Fiscal Year The City's ADA Transition Plan has been presented to and adopted by the advisory boards of the Committee for Persons with Disabilities, the Park Advisory Board and the Human Relations Commission. For the category of Citywide Curb Ramps, the methodology and recommended implementation and prioritization of streets has been adopted by the Committee for Persons with Disabilities. Funding of the ADA barrier removal/improvements of Public Facilities is recommended through CDBG FY 2003. The Citywide Curb Ramps and also Individual Curb Request projects are to be funded through voter -approved bonds. These categories of Public Facilities, Citywide Curb Ramps and Individual Curb Requests are incorporated into the FY 2003 Capital Improvements Project budget, endorsed by the Planning Commission and adopted by the City Council. Funding of the Programs, Site Development and Outreach categories are recommended through the City's operating budget beginning FY 2003-04. Short -Range FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 ADA Improvement Category: Public Facilities $ 599,805 $ - $ - $ _ $ - $ $ $ $ Programs $ 136,730 $ 117,480 $ 117,480 $ 117,480 $ 117,480 $ 117,480 $ 117,480 $ 117,480 $ 117,480 Site Development $ 10,000 $ - $ - $ _ $ - $ $ $ $ Outreach $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 Citywide Curb Ramps: Priorities 1-6 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $1,000,000 $1,000,000 $ 1,000,000 $ 1,000,000 Individual Curb Requests $ 130,000 $ 130,000 $ 130,000 $ 130,000 $ 130,000 $ 130,000 $ 130,000 $ 130,000 $ 130,000 $ 881,535 $ 1,252,480 $ 1,252,480 $ 1,252,480 $ 1,252,480 $1,252,480 $1,252,480 $ 1,252,480 $ 1,252,480 2/07/2003 Long-Range Outlook Ongoing funding of ADA curb ramps projects to be funded through the City's annual CIP budget process and applicable voter-approved bonds. Please see Appendix E. Annually, the Committee for Persons with Disabilities will continue to provide recommendations in the prioritization of curb ramp projects for each Proposed CIP Budget for consideration by the Planning Commission and ultimately the City Council. At this time, recommended funding is through voter-approved bonds every four years as part of the C1P process for curb ramp compliance and to accommodate any future changes in TAS standards. Future Possible Funding If approved by the Texas Legislature, a $1 utility surcharge fee could be used for certain ADA improvements as currently proposed. If passed by the Texas Legislature and subsequently by the City Council, this surcharge could earmark approximately $800,000 for certain accessibility issues. Monitoring Thc City will monitor the implementation of this Transition Plan's improve~nent projects and update the Plan accordingly. The Committee for Persons with Disabilities will be updated quarterly on the progress of the Transition Plan implementation. Public meetings regarding the City's Transition Plan will also continue, and done so on an annual basis. Annual reports will be provided to the City Council through City Management and subsequently available for the public. 17 Final Draft - 02/07/03 C~ity of t.orpus. Chnst~ Appendix A ADA Improvement List of Barrier Removal Items, Estimated Costs And Time Frame CITY OF CORPUS CHRISTI ADA Title 11 Comprehensive Evaluation and Transition Plan Estimated Implementation Cost Working Document Prepared by Human Relations, Building Maintenance and Engineering Legend: A - Primary Items and Other Items Highly Feasible for Implementation in Years 1-3 B - Secondary Items and Other Less Feasible for Implementation in Years 4-5 C - Annual Cost - Ongoing Item Once Implemented D - Street Curb Projects Ongoing; CIP E - ADA Improvements Already Addressed Target Description of ADA Barrier Removal/Improvement Facility 1 $200 Estimated Date CC Gym 1 $500 Quantity Cost Year 1 Accessible Signage - Entrance Al Kruse Tennis Cntr 1 $200 Year 1 Correction to Public Telephone (Protrudes into Pathway) CC Gym 1 $500 Year 1 Accessible Aisle (Rearrange Entry Furnishing) CC Gym 0 $0 Year 1 Accessible Directional Signage CC Gym 4 $400 Year 1 Accessible Restrooms CC North Beach 2 $15,000 Year 1 Accessible Door Handles to Public Entrances & Interior Conf. Rms. City Hall - Gen. Svcs 45 $13,500 Year 1 Automated Door to Council Chambers (1st set; Inner set done) City Hall - Gen. Svcs. 1 $2,000 Year 1 Accessible Parking Signage for Existing Spaces - Lipan City Hall - Gen. Svcs. 2 $400 Year 1 Accessible Parking Signage Correction - Lipan City Hall - Gen. Svcs. 2 $200 Year 1 Accessible Parking Signage for Existing Spaces - Sam Rankin City Hall - Gen. Svcs. 4 $800 Year 1 Accessible Parking Signage for Existing Spaces - Staples City Hall - Gen. Svcs. 4 $800 Year 1 Accessible Parking w/Signs and Striping - Lipan City Hall -Gen Svcs. 2 $400 Year 1 Restripe Lipan Curbs and Passenger Loading Zone City Hall - Gen. Svcs. 1 $300 Year 1 Restripe Staples Parking Lot with Aisles to Accessible Building Ramp City Hall - Gen. Svcs. 1 $5,000 Year 1 Adjust Corner Curb Cut Staples/Lipan Lots with Accessible Aisles City Hall - Gen. Svcs. 1 $3,000 Year 1 Accessible Ramp Landing - Paint/Dye - Corner Staples/Lipan City Hall - Gen. Svcs. 1 $100 Year 1 Accessible Ramp Landing - Paint/Dye - Lipan City Hall - Gen. Svcs. 3 $300 Year 1 Accessible Ramp Landing - Paint/Dye - Sam Rankin City Hall - Gen. Svcs. 4 $400 Year 1 Accessible Ramp Landing - Paint/Dye - Staples City Hall - Gen. Svcs. 1 $100 Year 1 Accessible Ramp Signage - Lipan City Hall - Gen. Svcs. 1 $100 I -Estimated cost is on an annual basis. II -Item funded through Bond 2000 projects. III -Not a public facility or public access - Sign to be posted. 1 of 12 2/03/2003 CITY OF CORPUS CHRISTI ADA Title II Comprehensive Evaluation and Transition Plan Estimated Implementation Cost Working Document Prepared by Human Relations, Building Maintenance and Engineering Legend: A - Primary Items and Other Items Highly Feasible for Implementation in Years 1-3 B - Secondary Items and Other Less Feasible for Implementation in Years 4-5 C - Annual Cost - Ongoing Item Once Implemented D - Street Curb Projects Ongoing; CIP E - ADA Improvements Already Addressed Target Description of ADA Barrier Removal/Improvement Facility 1 $100 Estimated Date City Hall - Gen. Svcs. 1 $100 Quantity Cost Year 1 Accessible Ramp Signage - Sam Rankin City Hall - Gen. Svcs. 1 $100 Year 1 Accessible Ramp Signage - Staples City Hall - Gen. Svcs. 1 $100 Year 1 Accessible Step Rails - Modify Rail Endings - Leopard City Hall - Gen. Svcs. 8 $800 Year 1 Accessible Step Rails - Modify Rail Endings - Lipan City Hall - Gen. Svcs. 8 $800 Year 1 Accessible Step Rails - Modify Rail Endings - Sam Rankin City Hall - Gen. Svcs. 2 $200 Year 1 Accessible Step Rails - Modify Rail Endings - Staples City Hall - Gen. Svcs 2 $200 Year 1 Signage Correction - Exterior (Wheelchair to Accessible ) - Sam Rankin City Hall - Gen. Svcs. 1 $200 Year 1 Signage Correction - Exterior (Wheelchair to Accessible ) - Staples City Hall - Gen. Svcs 2 $400 Year 1 Accessible 1st Fl. Restroom Adj./Add Women's Sanitary Receptacle City Hall - Gen. Svcs. 1 $100 Year 1 Accessible Lavatory - Replace Levers in Restrooms City Hall - Gen. Svcs. 14 $2,800 Year 1 Adjustment of Soap and Seat Cover Dispensers in Restrooms City Hall - Gen. Svcs. 14 $700 Year 1 Accessible Restroom Stalls' Coat Hooks City Hall - Gen. Svcs. 14 $700 Year 1 Accessible Restroom Stalls Modification City Hall - Gen. Svcs. 13 $65,000 Year 1 Accessible Directional Signage for Lipan & Leopard Ramps -Staples City Hall - Gen. Svcs. 1 $100 Year 1 Accessible Signage - Exterior to Lipan Sloping Sidewalk City Hall - Gen. Svcs. 1 $200 Year 1 Accessible Tactile Directories City Hall - Gen. Svcs. 4 $6,000 Year 1 Accessible Tactile Signage City Hall - Gen. Svcs. 8 $400 Year 1 Correct Public Telephone Area - Recess Extinguisher & Lower Phone City Hall 1st Floor 1 $1,000 Year 1 Correction to Receptionist Counter (lowering) City Hall 5th Floor 1 $1,500 Year 1 Adjustment to Ramp - Cole Park Amphitheater Cole Park 1 $10,000 I -Estimated cost is on an annual basis. II -Item funded through Bond 2000 projects. III -Not a public facility or public access - Sign to be posted. 2of12 2/03/2003 CITY OF CORPUS CHRISTI ADA Title II Comprehensive Evaluation and Transition Plan Estimated Implementation Cost Working Document Prepared by Human Relations, Building Maintenance and Engineering Legend: A - Primary Items and Other Items Highly Feasible for Implementation in Years 1-3 B - Secondary Items and Other Less Feasible for Implementation in Years 4-5 C - Annual Cost - Ongoing Item Once Implemented D - Street Curb Projects Ongoing; CIP E - ADA Improvements Already Addressed Target Description of ADA Barrier Removal/Improvement Facility Coliseum 2 Estimated Date 2 $400 Collier Pool Quantity Cost Year 1 Accessible Signage - Cole Park Amphitheater Restrooms Year 1 Accessible Service/Waiter Counter at Concession Doors Year 1 Accessible Restroom Lavatory Levers Year 1 Accessible Directional Signage - Restrooms and Offices Year 1 Restroom Modification Year 1 Accessible Tactile Signage Year 1 Accessible Van Parking Space and Sign Year 1 Accessible Visual/Audio Aids - Customer Service (Cashiering, A/R) Year 1 Accessible Parking Signage Year 1 Accessible Parking Space Restriping Year 1 Accessible Door Handles to Public Entrances Year 1 Correct Public Entrance Door Year 1 Accessible Parking Space and Striping Year 1 Accessible Ramp to Entrance Year 1 Correct Public Entrance Door Year 1 Accessible Parking Space and Striping Year 1 Accessible Ramp to Entrance Year 1 Accessible Parking Space Sign Year 1 Correct Public Entrance Door Year 1 Accessible Parking Space and Striping Cole Park 2 $400 Coliseum 2 $3,000 Collier Pool 2 $400 Collier Pool 4 $800 District 1 Facility III 1 $0 District 1 Facility III 1 $200 Ethel Eyerly Sr. Center 1 $200 Financial Svcs. 1 $4,000 Fire Station 1 1 $200 Fire Station 1 1 $100 Fire Station 1 2 $800 Fire Station 12 1 $2,000 Fire Station 12 1 $300 Fire Station 12 1 $5,000 Fire Station 13 1 $2,000 Fire Station 13 1 $300 Fire Station 13 1 $5,000 Fire Station 14 1 $200 Fire Station 5 1 $2,000 Fire Station 5 1 $300 I -Estimated cost is on an annual basis. II -Item funded through Bond 2000 projects. 3 of 12 III -Not a public facility or public access - Sign to be posted. 2/03/2003 CITY OF CORPUS CHRISTI ADA Title II Comprehensive Evaluation and Transition Plan Estimated Implementation Cost Working Document Prepared by Human Relations, Building Maintenance and Engineering Legend: A- Primary Items and Other Items Highly Feasible for Implementation in Years 1-3 B - Secondary Items and Other Less Feasible for Implementation in Years 4-5 C -Annual Cost - Ongoing Item Once Implemented D - Street Curb Projects Ongoing, CIP E - ADA Improvements Already Addressed Target Description of ADA Barrier Removal/Improvement Facility 1 $5,000 Estimated Date Gabe Lozano Club House I $15,000 Quantity Cost Year 1 Accessible Ramp to Entrance Fire Station 5 1 $5,000 Year 1 Accessible Restrooms Gabe Lozano Club House 2 $15,000 Year 1 Accessible Alarm System Galvan House 1 $10,000 Year 1 Accessible Doorbell/Sign/Desk (Due to Office located on 2nd floor) Galvan House 1 $1,000 Year 1 Extension Ramp/Landing and Inner Railing Galvan House 1 $6,000 Year 1 Accessible Signage Galvan House 2 $200 Year 1 Accessible Entrance Signage Garden Sr Center 1 $100 Year 1 TDD Device Gas Department 1 $300 Year 1 Accessible Ramp Gazebo 1 $1,000 Year 1 Accessible Doors Grande Grossman House 1 $2,000 Year 1 Ramp Extension and Railing Grande Grossman House 1 $3,000 Year 1 Accessible Restrooms Greenwood Ball Field 2 $15,000 Year 1 Accessible Restrooms Greenwood Pool 2 $15,000 Year 1 Accessible Signage to Entrance Greenwood Pool 1 $200 Year 1 Accessible Van Parking Space and Sign Greenwood Sr. Center 1 $200 Year 1 Additional Railing for Ramp Gugenheim House 1 $2,500 Year 1 Accessible Signage for Restrooms H.J. Williams 2 $400 Year 1 Correction to Front Counter at Waldron Clinic Health Dept. 1 $2,000 Year 1 Correction to Front Counter at Williams Clinic Health Dept. 1 $2,000 Year 1 TDD Devices - All Locations Health Dept. 5 $1,500 I -Estimated cost is on an annual basis. 11 -Item funded through Bond 2000 projects. III -Not a public facility or public access - Sign to be posted. 4of12 2/03/2003 CITY OF CORPUS CHRISTI ADA Title If Comprehensive Evaluation and Transition Plan Estimated Implementation Cost Working Document Prepared by Human Relations, Building Maintenance and Engineering Legend: A- Primary Items and Other Items Highly Feasible for Implementation in Years 1-3 B - Secondary Items and Other Less Feasible for Implementation in Years 4-5 C - Annual Cost - Ongoing Item Once Implemented D - Street Curb Projects Ongoing, CIP E - ADA Improvements Already Addressed Target Description of ADA Barrier Removal/Improvement Facility 1 $15,000 Estimated Date Health Dept. 1 $1,000 Quantity I Cost Year 1 Correction to Front Entrance at Williams Clinic Health Dept, 1 $15,000 Year 1 Correction to Restroom Door at Waldron Clinic plus Directional Signage Health Dept. 1 $1,000 Year 1 Accessible Emergency Lights and Audio Devices - 5 Clinics Health Dept. 5 $50,000 Year 1 Accessible Restroom Threshold Modification HEB Tennis Facility 1 $1,500 Year 1 Accessible Directional Signage to Public Restrooms Heritage Pk -Carriage House 10 $2,000 Year 1 Restroom Modification to Designate as Public Restrooms Heritage Pk -Carriage House 2 $5,000 Year 1 TDD Device Human Relations 1 $0 Year 1 Accessible Signage Jalutka Govatus House 2 $200 Year 1 Accessible Signage - Restrooms Joe Garza Pool 2 $400 Year 1 Accessible Restroom Renovation Joe Garza Rec. Cntr iI 1 $0 Year 1 Accessible Restroom Threshold Modification Joe Garza Rec. Cntr II 1 $0 Year 1 Accessible Signage to Entrance Joe Garza Rea Cntr 1 $200 Year 1 Accessible Ramp to Entrance Kennedy causeway Park 1 $10,000 Year 1 Accessible Signage - Restrooms L Head 2 $200 Year 1 Accessible Restroom Stalls La Bonte Center ii 2 $0 Year 1 Automated Doors for Public Entrances (doors kept closed) Legal Department 1 $0 Year 1 Correction to Water Fountain Library - Central 1 $2,600 Year 1 Correction to Entrance Ramp for Landing Library - Central 1 $20,000 Year 1 Additional Railing for Ramp Lichtenstein House 1 $3,000 Year 1 Ramp/Railing Modification Lindale Rec. Center II 1 $0 I -Estimated cost is on an annual basis. II -Item funded through Bond 2000 projects. III -Not a public facility or public access - Sign to be posted. 5of12 2/03/2003 CITY OF CORPUS CHRISTI ADA Title II Comprehensive Evaluation and Transition Plan Estimated Implementation Cost Working Document Prepared by Human Relations, Building Maintenance and Engineering Legend: A - Primary Items and Other Items Highly Feasible for Implementation in Years 1-3 B - Secondary Items and Other Less Feasible for Implementation in Years 4-5 C - Annual Cost - Ongoing Item Once Implemented D - Street Curb Projects Ongoing; CIP E - ADA Improvements Already Addressed Target Description of ADA Barrier Removal/Improvement Facility 0 Estimated Date Accessible Entrance Door Level Lindale Sr. Center Quantity Cost Year 1 Provide Accessible T -Space in Office by Rearranging Furniture Lindale Sr. Center 0 $0 Year 1 Accessible Entrance Door Level Lindale Sr. Center 1 $300 Year 1 Additional Railing for Ramp Little Martin House 2 $800 Year 1 Accessible Signage for Rear Parking Area Little Martin House 2 $200 Year 1 Accessible Restroom Stall McGee Beach 1 $7,500 Year 1 Additional Railing for Ramp Merriman Boby's House iii 2 $0 Year 1 Additional Railing to Front Ramp Merriman Boby's House iii 1 $0 Year 1 Accessible Lavatory Memman aoby's House III 1 $0 Year 1 Correction to Threshold Memman Bobys House iii 2 $400 Year 1 Accessible Tactile Signage Molina Vet. Park 2 $1,000 Year 1 Accessible Restroom Signage and Directional Signs Museum 4 $400 Year 1 Accessible Van Parking Space and Sign Northwest Sr. Center 1 $200 Year 1 Accessible Parking Space Nursery iii 1 $200 Year 1 Accessible Ramp Nursery iii 1 $0 Year 1 Accessible Restrooms Nursery iii 2 $0 Year 1 Accessible Signage for Restrooms Oak Park ii 2 $0 Year 1 Accessible Restroom Renovation Oak Park Rec. Cntr ii 1 $0 Year 1 Accessible Emergency Lights and Audio Devices Oso Golf Club House 1 $10,000 Year 1 Restroom Modification at 13th Tee Oso Golf Club House 2 $15,000 Year 1 Accessible Signage to Entrance Oso Golf Club House 1 $200 I -Estimated cost is on an annual basis. II -Item funded through Bond 2000 projects. III -Not a public facility or public access - Sign to be posted. 6of12 2/03/2003 CITY OF CORPUS CHRISTI ADA Title II Comprehensive Evaluation and Transition Plan Estimated Implementation Cost Working Document Prepared by Human Relations, Building Maintenance and Engineering Legend: A - Primary Items and Other Items Highly Feasible for Implementation in Years 1-3 B - Secondary Items and Other Less Feasible for Implementation in Years 4-5 C - Annual Cost - Ongoing Item Once Implemented D - Street Curb Projects Ongoing; CIP E - ADA Improvements Already Addressed Target Description of ADA Barrier Removal/Improvement Facility 2 Estimated Date Accessible Restroom Renovation Oso Rec. Center II Quantity Cost Year 1 Accessible Signage - Restrooms Oso Pool 2 $400 Year 1 Accessible Restroom Renovation Oso Rec. Center II 1 $0 Year 1 Accessible Door Entrance Oso Rec. Center 1 $2,000 Year 1 Accessible Signage to Entrance Oso Rec. Center 1 $200 Year 1 Accessible Stairs (non -slip surfacing) Oso Rec. Center 1 $100 Year 1 Accessible Lavatory Clear Floor Space Oveal Williams Sr. Center 1 $800 Year 1 Accessible Toilet Replacement Oveal Williams Sr. Center 1 $500 Year 1 Accessible Counter Park Operations Bld#4 iii 1 $200 Year 1 Accessible Parking Space Park Operations Bld#4 iii 1 $0 Year 1 Accessible Ramp to Entrance Park Operations Bld#4 iii 1 $0 Year 1 Accessible Restrooms Park Operations Bld#4 iii 2 $0 Year 1 Accessible Signage - Restrooms Parker Park ii 2 $0 Year 1 Accessible Signage - Restrooms Parker Pool 2 $400 Year 1 Restroom Modification People St. T Head 1 $1,500 Year 1 Accessible Door Handles to Public Entrances Police Substation 1 $500 Year 1 Accessible Threshold - Correct Level Police Substation 1 $1,000 Year 1 Accessible Curb Cut Improvement - Parking Lot Police Substation 1 $1,500 Year 1 Accessible Parking Signage Police Substation 1 $200 Year 1 Accessible Restroom Signage Police Substation 1 $100 Year 1 Accessible Signage - Exterior to Entrance Police Substation 1 $100 I -Estimated cost is on an annual basis. II -Item funded through Bond 2000 projects. III -Not a public facility or public access - Sign to be posted. 7of12 2/03/2003 CITY OF CORPUS CHRISTI ADA Title 11 Comprehensive Evaluation and Transition Plan Estimated Implementation Cost Working Document Prepared by Human Relations, Building Maintenance and Engineering Legend: A - Primary Items and Other Items Highly Feasible for Implementation in Years 1-3 B - Secondary Items and Other Less Feasible for Implementation in Years 4-5 C - Annual Cost - Ongoing Item Once Implemented D - Street Curb Projects Ongoing, CIP E - ADA Improvements Already Addressed Target Description of ADA Barrier Removal/Improvement Facility 1 Estimated Date Accessible Directional Signage at Front (Ramp in Rear) Sidbury House Quantity Cost Year 1 Accessible Landing Extension for Ramp Sidbury House 1 $1,500 Year 1 Accessible Directional Signage at Front (Ramp in Rear) Sidbury House 2 $200 Year 1 Accessible Signage - Restrooms South Bluff Park II 2 $0 Year 1 Correction to Front Entrance for Accessibility Street/Solid Waste 1 $15,000 Year 1 Restroom Modification - Unisex Street/Solid Waste 1 $10,000 Year 1 Accessible Restrooms Surfside Cntrl Pavilion II 2 $0 Year 1 Accessible Alarm System T.C. Ayers Rec. Cntr IZ 1 $0 Year 1 Ramp/Railing Modification T.C. Ayers Rec. Cntr 11 1 $0 Year 1 Accessible Directional Signage - Restrooms and Offices T.C. Ayers Rec. Cntr ii 4 $0 Year 1 Accessible Signage - Restrooms T.C.. Ayers Pool 2 $400 Year 1 Accessible Signage - Restrooms Violet Road Pool 2 $400 Year 1 Accessible Signage Ward McCampbell House 2 $200 Year 1 Accessible Signage for Back of Park Wes Guth Park 1 $200 Year 1 Accessible Restrooms Wes Guth Pool 2 $15,000 Year 1 Accessible Entrance Signage Zavala Sr. Center 2 $200 Estimated Total All Facilities $444,300 Contingency of 10% For Facility Barrier Removal/Improvements $44,430 Fees of 25% (i.e.: Design, Engineering, Consulting) $111,075 TOTAL ESTIMATED IMPLEMENTATION COST of Facility Barrier Removal/Improvements $599,805 Please Note: Aviation/ConventionIColiseum/Developmental Services to follow TDLR requirements upon new construction. 1 -Estimated cost is on an annual basis. II -Item funded through Bond 2000 projects. III -Not a public facility or public access - Sign to be posted. 8of12 2/03/2003 CITY OF CORPUS CHRISTI ADA Title II Comprehensive Evaluation and Transition Plan Estimated Implementation Cost Working Document Prepared by Human Relations, Building Maintenance and Engineering Legend: A - Primary Items and Other Items Highly Feasible for Implementation in Years 1-3 B - Secondary Items and Other Less Feasible for Implementation in Years 4-5 C - Annual Cost - Ongoing Item Once Implemented D - Street Curb Projects Ongoing; CIP E - ADA Improvements Already Addressed Target Description of ADA Barrier Removal/Improvement 1 Facility Estimated Annual Cost Date Closed Captioning of PSA's Videos PIO Communications I Quantity Cost $ 17,600 I -Estimated cost is on an annual basis. II -Item funded through Bond 2000 projects. 9 of 12 III -Not a public facility or public access - Sign to be posted. 2/03/2003 Seryices/Activities/Programs (SAP): Year 1 Costs Annual Cost AC Closed Captioning of PSA's Videos PIO Communications I 22 $17,600 $ 17,600 AC Closed Captioning of City Council Meetings City Secretary's Office I 41 $49,200 $39,200 AC Closed Captioning of Exhibit Computer and Videos Museum 1 10 $8,000 $8,000 AC Devices/Modifications in Viewing Area for Visual Impairments Museum I 2 $5,000 $5,000 AC Accessible Service Desk/Table to Remedy Inaccessible Book Aisles Library - All 5 $7,500 $0 AC Accessible Internet of City Services and Information E -Government 1 $0 $0 BC Youth Programs Recreation 1 1 $12,000 $12,000 AC Allocation of Visual/Audio Devices for Requests for Accommodations Citywide 1 1 $5,000 $5,000 BC Further Integration Allocation for Programs/Activities Upon Request Citywide I 1 $20,000 $20,000 SAP Improvements $124,300 $ 106,800 Contingency at 10% $12,430 $10,680 Estimated Programs Improvements: $136,730 $ 117,480 I -Estimated cost is on an annual basis. II -Item funded through Bond 2000 projects. 9 of 12 III -Not a public facility or public access - Sign to be posted. 2/03/2003 CITY OF CORPUS CHRISTI ADA Title II Comprehensive Evaluation and Transition Plan Estimated Implementation Cost Working Document Prepared by Human Relations, Building Maintenance and Engineering Legend: A - Primary Items and Other Items Highly Feasible for Implementation in Years 1-3 B - Secondary Items and Other Less Feasible for Implementation in Years 4-5 C - Annual Cost - Ongoing Item Once Implemented D - Street Curb Projects Ongoing; CIP E - ADA Improvements Already Addressed Target Description of ADA Barrier Removal/Improvement Facility Estimated Date Quantity cost Site Development: A TDLR Accessibility Training of Pertinent Staff Citywide $10,000 Estimated Site Development Costs: $10,000 Outreach: C Education, Awareness Printing and Materials ADA Coordinator 1 $5,000 Estimated Outreach Costs: Public Curb Ramps (Citywide): Number of Miles Excluding TxDOT Number of Miles Already with Curb Ramps Number of Remaining Miles Pending Major Curb Ramps Number of Miles with No Curbs/Gutters & Unconstructed Right of Ways D Number of Estimated Curb Ramps Citywide Estimated Cost of Public Curb Ramps in 2002 Dollars: I -Estimated cost is on an annual basis. II -Item funded through Bond 2000 projects. III -Not a public facility or public access - Sign to be posted. $5,000 $5,000 $5,000 1,131 377 474 280 24,624 $125,000,000 $125,000,000 10 of 12 2/03/2003 CITY OF CORPUS CHRISTI ADA Title II Comprehensive Evaluation and Transition Plan Estimated Implementation Cost Working Document Prepared by Human Relations, Building Maintenance and Engineering Legend: A - Primary Items and Other Items Highly Feasible for Implementation in Years 1-3 B - Secondary Items and Other Less Feasible for Implementation in Years 4-5 C - Annual Cost - Ongoing Item Once Implemented D - Street Curb Projects Ongoing, CIP E - ADA Improvements Already Addressed Target Description of ADA Barrier Removal/Improvement Facility Estimated Date Quantity I Cost Allocation for Individual Curb Ramp Requests: Individual Request Allocation Estimated Individual Curb Ramp Allocation: ]-Estimated cost is on an annual basis. II -Item funded through Bond 2000 projects. III -Not a public facility or public access - Sign to be posted. $130,000 $130,000 11 of 12 2/03/2003 CITY OF CORPUS CHRISTI Working Document ADA Title If Comprehensive Evaluation and Transition Plan Prepared by Human Relations, Building Maintenance and Engineering Estimated Implementation Cost Legend: A - Primary Items and Other Items Highly Feasible for Implementation in Years 1-3 B - Secondary Items and Other Less Feasible for Implementation in Years 4-5 C - Annual Cost - Ongoing Item Once Implemented D - Street Curb Projects Ongoing; CIP E - ADA Improvements Already Addressed Target Description of ADA Barrier Removal/Improvement Facility Estimated Date quantity Cost Title II Transition Plan Summary Estimated Public Facility Costs, including contingency and fees $599,805 Estimated Services/Activities/Program Costs $136,730 Estimated Site Development Costs $10,000 Estimated Outreach Costs $5,000 Estimated Citywide Curb Ramps, in 2002 Dollars $125,000,000 Estimated Allotment for Individual Curb Ramp Requests, in 2002 Dollars $130,000 Estimated Total Title If Comprehensive Evaluation and Transition Plan Costs in 2002 Dollars $ 125,881,535 I -Estimated cost is on an annual basis. II -Item funded through Bond 2000 projects. 12 of 12 III -Not a public facility or public access - Sign to be posted. 2/03/2003 ~City of Corpus. Christi Appendix B ADA Improvement List Detail of Program Policy Evaluation City of Corpus Christi APPENDIX B ADA Self -Evaluation of Policies/Procedures update Jan. 2003 City Programs Legend: CFD =Council for the Deaf TCB =TX Commission for the Blind RFA =Request for Accommodation(s) Department Jun -03 Estimated Implementation (Alpha Order) Program Description of Recommended Improvement for Accessibility Costs Target Month -End L7377— Ueneral Into, 1. Generaldirectory and basic information on audio tapes. Items 1 - 4: Aug -03 Citywide 2. General directory and basic information on video tapes. Car Rentals Aug -03 3. General directory and basic information on diskettes. Transition Plan Aug -03 N/A Jun -03 4. Maintain library of these audio and video tapes in Human Relations Program Funds Aug -03 Global ustomer Svc "RelayTexas" training of front line staff and back-up staff citywide. Items 1 - 3: Jan - July 2003 Citywide Receptionist 2. TDD training: Utilities Dispatch; Refresher class other City staff. Collaboration with Jan -03 Areas 3. TX Comm. for the Blind & Council for the Deaf contact info. at desks & phone banks. Local Agencies Jan -03 Global roc ures and 1. StandardizeaTam—p—ag—eTor RIF it in 48 hrs or appIca e time Internal Feb -03 Citywide Publications for through departmental notice, with contact information for ADA Coordinator. Print Shop & Programs and Mail Service Conference Global All Programs 1. Standardizedarrangements for interpreting services tor the deaf. Transition Plan Apr -03 Citywide Program Funds Global Non -General tandardized procedure for ivisions services not provided to genera Internal Jul -03 Citywide Services public at this time; Those admin/support services provided internally. EX: Payroll, MIS Help Desk, Print Shop, Maintenance, Budget, Messenger/Mail, etc. Additional Recommended ADA Improvements By Department: Aviation Information Cntr. Formalize process for RFAs under these programs, including contracted N/A Jun -03 Baggage Service assistance for baggage. Airlines Screeners Car Rentals Info. Monitors N/A Jun -03 Policies 1 of 7 City of Corpus Christi APPENDIX B ADA Self -Evaluation of Policies/Procedures Update Jan. 2003 City Programs Legend: CFD =Council for the Deaf TO =TX Commission for the Blind RFA =Request for Accommodation(s) Department Estimated Implementation (Alpha Order) Program Description of Recommended Improvement for Accessibility Costs Target Month -End Business Resource Cnt Intake Assess 1. Formal policy on handling RFA. N/A Jun -03 Westside Bus. 2. Maintain contact information for interpreting services for the deaf. N/A Jan -03 Black Chamber 3. Upon request, read to customer. N/A Implemented Hilo Contractors 4. Standard sample application in Braille to be maintained. Transition Plan Aug -03 Mlnonty Bus Cntr 5. General information in large print. N/A Apr -03 Coastal Bend Bus. City Secretary Elections Formalize process for RFAs. N/A Jun -03 Council Meetings Formalize process for RFAs. N/A Jun -03 Code Housing Code 1. Standardize practices of assisting customers into formal policy. N/A Jun -03 Enforcement Complaints 2. Standard sample form in Braille to be maintained. Transition Plan Aug -03 3. Upon customer's request, may continue to read forms to customers. N/A Implemented Coliseum Events Formalize process to address RFA's for existing events. N/A Jun -03 Convention Box Offices Formalize process for RFAs, incl. ticket/seating accommodations. N/A Jun -03 Center Conventions Other materials coordinated w/Conv Visitors Bureau on RFA information. N/A Jun -03 Special Events 1. Formalize process for RFAs, including ticket /seating accommodations. N/A Jun -03 2. Training for those employees serving as Event Coordinators and Ushers. N/A Mar -03 Meetings Formalize process for RFAs. N/A Jun -03 Private Parties Formalize process for RFAs. N/A Jun -03 Monthly 1. Formalize process for RFAs. N/A Jun -03 Calendar 2. Incorporate RFA Language. N/A Jun -03 3. Large print version of calendar of events. N/A Mar -03 Policies 2 of 7 City of Corpus Christi APPENDIX B ADA Self -Evaluation of Policies/Procedures Update Jan. 2003 City Programs Legend: CFD =Council for the Deaf TCB =TX Commission for the Blind RFA =Request for Accommodation(s) Department Estimated Implementation (Alpha Order) Program Description of Recommended Improvement for Accessibility Costs Target Month -End Convention Event Contracts 1. Formalize process for RFAs. N/A Jun -03 Center - Cont. 2. Sample contract in Braille on file. Transition Plan Aug -03 Security Desk 1. Formalize process for RFAs. N/A Jun -03 2. TDD Refresher Training. CFD Apr -03 Assistive Hearing 1. Formalize process for RFAs. N/A Jun -03 System 2. Awareness letters to Conv/Visitors Bureau, other entities & other clients. N/A Apr -03 Financial Cashiering/ 1. Maintain sample utility bill in Braille N/A Implemented Services Customer Svc 2. Sample utility bill in Large Print/Paper to be maintained. N/A Mar -03 3. Upon customer's request, may continue to read forms to customers. N/A Implemented Purchasing 1. Insert standard RFA language in Specifications: Bids, RFPs, RFQs. N/A Mar -03 2. Distribution B notice on RFA language, some departments do specs. N/A Mar -03 Safety and Risk 1. Formal policy and training of such for handling RFAs. N/A Jun -03 2. Upon customer's request, may continue to read forms to customers. N/A Implemented 3. Upon customer's request, may assist form completion before signing. N/A Implemented 4. Insert RFA language in material for health fair & wellness classes, etc. N/A Mar -03 Field Services Wallet card with information for RFA; i.e.: interpreting services for the deaf. Internal Apr -03 Print Shop and Meter Reading Wallet card with information for RFA; i.e.: interpreting services for the deaf. Internal Apr -03 Print Shop and All Divisions Formal policy and training of such for handling RFA. N/A Jun -03 Policies 3 of 7 City of Corpus Christi APPENDIX B ADA Self -Evaluation of Policies/Procedures Update Jan. 2003 City Programs Legend: CFD =Council for the Deaf TCB =TX Commission for the Blind RFA =Request for Accommodation(s) Department Estimated Implementation (Alpha Order) Program Description of Recommended Improvement for Accessibility Costs Target Month -End Fire Fire Prevention Formal policy for handling RFA for presentations. N/A Jun -03 and Safety Gas Operation Heat 1. Formal policy for handling RFA N/A Jun -03 Help/Svc Calls 2. Incorporate RFA language in literature and marketing. N/A Jun -03 Health All Divisions 1. Formalize policy on handling RFA for all programs. N/A Jun -03 2. Include RFA language in press releases and PSA information. NIA Mar -03 3. TX Commission for the Blind & Council for the Deaf contact information in each division. N/A Jan -03 Housing and All Programs: Formalize policy on handling RFA. N/A Jun -03 Community Home Loans 1. Standard sample application in Braille to be maintained. Transition Plan Aug -03 Development 2. Standard sample application in large print to be maintained. N/A Apr -03 3. Upon customer's request, may continue to read forms to customers. N/A Implemented Emergency 1. Standard sample application in Braille to be maintained. Transition Plan Aug -03 Repair 2. Standard sample application in large print to be maintained. N/A Apr -03 3. Upon customer's request, may continue to read forms to customers. N/A Implemented Single Family 1. Standard sample application in Braille to be maintained. Transition Plan Aug -03 Loan 2. Standard sample application in large print to be maintained. N/A Apr -03 3. Upon customer's request, may continue to read forms to customers. N/A Implemented Human Intake Process 1. Formalize process for RFA's for these. N/A Jun -03 Relations Investigations 2. Upon customer's request, may continue to read forms to customers. N/A Implemented Presentations Human Job Application 1. Sample job application in Braille and large print to be maintained. Transition Plan Aug -03 Resources 2. Maintain contacts with CFD & TCB, especially interviews and testing. N/A Jan -03 Job Bulletin Formalize process for RFAs and alternate formats N/A Policies 4 of 7 City of Corpus Christi APPENDIX B ADA Self -Evaluation of Policies/Procedures update Jan. 2003 City Programs Legend: CFD =Council for the Deaf TCB =TX Commission for the Blind RFA =Request for Accommodation(s) Department Estimated Implementation (Alpha Order) Program Description of Recommended Improvement for Accessibility Costs Target Month -End Legal Freedom of 1. Formalize policy on handling RFA. N/A Jun -03 Information 2. Include RFA language in contracts. N/A Mar -03 Contracts/ 1. Verify provision upon renewal of old/existing contracts. N/A Mar -03 Agreements Depositions 1. Formalize policy on handling RFA. N/A Jun -03 2. Include RFA language in notices. N/A Jun -03 Libraries Programming: Children's: 1. Continue RFA info in periodical N/A Implemented Reading Time 2. Maintain CFD contact info for interpreting services. N/A Jan -03 Arts & Crafts Special Events Books: 1. Due to limited staff, develop schedule to assist with RFA. N/A Mar -03 Retrieval 2. Incorporate more Braille books in collection. To be determined FY03-04 Bud Req. Alt. Formats 3. Additional books in large print, To be determined FY03-04 Bud Req. 4. Formalize departmental policy. N/A Jun -03 New Resource 1. Software in Standard Sign Language. To be determined FY03-04 Bud Req. Center 2. Formalize departmental policy. N/A Jun -03 3. Upon opening, including RFA language in promotion materials. N/A Mar -03 Municipal Court Appearances Formalize policy on handling RFA for all of these. N/A Jun -03 Court Court Summons Court Payments Policies 5 of 7 City of Corpus Christi APPENDIX B ADA Self-Evaluation of Policies/Procedures Update Jan. 2003 City Programs Legend: CFD =Council for the Deaf TCB =TX Commission for the Blind RFA =Request for Accommodation(s) Department Estimated Implementation (Alpha Order) Program Description of Recommended Improvement for Accessibility Costs Target Month-End Municipal City Hall 1. Formalize policy on handling RFA, including utilization of wheelchairs. N/A Jun-03 Information Information 2. Including security guards in staff training of formal policy. N/A Jun-03 System (MIS) Booth 3. Relay Texas and TDD for back-up staff. CFD Mar-03 4. Wallet card with RFA information. N/A Apr-03 Museum Front Desk 1. Formalize policy on handling RFA. N/A Jun-03 2. Incorporate RFA language on Membership Brochure/Application N/A Jun-03 3. Incorporate RFA language on map of Museum grounds. N/A Jun-03 4. Other materials coordinated through Conv/Visitors Bureau on RFA. N/A Jun-03 Gift Shop Formalize policy on handling RFA. N/A Jun-03 Special Events 1. Formalize policy on handling RFA. N/A Jun-03 2. Notify external groups of RFA and non-discrimination information. N/A Jun-03 Viewing Area Formalize policy on handling RFA and audio. N/A Jun-03 Exhibits Formalize policy on handling RFA. N/A Jun-03 Park & Rec. All Programs. 1. Formalize policy on handling RFA. N/A Jun-03 2. Incorporate RFA language in publications, brochures, etc. N/A Jun-03 3. Educate staff of internal RFA committee. N/A Mar-03 4. Incorporate language of essential program specifications for registration. N/A Jun-03 Recreation Seek additional funding for recommendations on inclusive programming. To be determined FY03-04 Bud Req. Sr. Activities 1. Standard arrangements for interpreting services for the deaf. CFD Jun-03 2. Modify standardized lunch ticket & subsequent seating for meals. N/A Apr-03 3. Designate accessible seating throughout dining area in each center. N/A Mar-03 Planning City Plans 1. Formalize policy on handling RFA for all of these. N/A Jun-03 Rezoning Policies 6 of 7 City of Corpus Christi APPENDIX B ADA Self-Evaluation of Policies/Procedures Update Jan. 2003 City Programs Legend. CFD =Council for the Deaf TCB =TX Commission for the Blind RFA =Request for Accommodation(s) Department Estimated Implementation (Alpha Order) Program Description of Recommended Improvement for Accessibility Costs Target Month-End Planning Subdivide 1. Formalize policy on handling RFA for all of these. N/A Jun-03 Continued Population Inquiries Police All Programs: 1. Formalize policy on handling RFA. N/A Jun-03 2. Alternate format of the printed materials provided upon request. Transition Plan Aug-03 Public Press Releases Standardize RFA language for conference, workshops, meetings, etc. N/A Mar-03 Information Press Conference Formalize policy on handling RFA. Jun-03 N/A Office PSA - Radio Formalize policy on handling RFA for these 3 types of PSAs. NIA Jun-03 PSA - TV PSA - Paper Special Events Formalize policy on handling RFA with event coordinator(s). N/A Jun-03 Issues/Answers Formalize policy on RFA and coordinating with applicable department(s). N/A Jun-03 CCTV Formalize policy on handling RFA. N/A Jun-03 Solid Waste Collection Formalize process sheet into policy document for RFAs. N/A Jun-03 Services Landfill Formalize policy on handling RFA. N/A Jun-03 Recycling Formalize policy on handling RFA. N/A Jun-03 Publications Incorporate RFA language. N/A Jun-03 Other Utilities: Publications Incorporate RFA language. N/A Jun-03 Wastewater Water Stormwater Policies 7 of 7 C~ity of ~9rpus. Uhnst~ Appendix C Related Global City Policies POLICY STATEMENT Subject: Equal Opportunity Environment Date: July 18, 2002 Purpose: Promotion of understanding, respect, fairness, dignity and positive outlook for all individuals, regardless of position, ethnicity, disability, race, color, religion, gender, age, or cultural background. In recognition of our diverse workforce and community at-large, the City of Corpus Christi issues this policy statement to insure the awareness and importance of mutual respect, People First language, and inclusion for all persons as we provide City services, programs, and activities. We, all City of Corpus Christi personnel and City officers, pledge to do our individual and collective utmost to refrain from any negative conduct, language, or expression of opinions based on one's ethnicity, disability, race, color, religion, gender, age, or cultural background that would be perceived by a reasonable person as disrespectful, derogatory, offensive, or demeaning. We, the employees of the City of Corpus Christi, pledge to display respect and understanding toward one another, our customers, and visitors while conducting City business, providing City services, and during City- sponsored activities and do so without regard to ethnicity, disability, race, color, religion, gender, age, or cultural background. We, the employees of the City of Corpus Christi, shall continuously strive to respectfully embrace and promote a more considerate, fair, and inclusive environment. Our environment portrays various ethnic, cultural, disability, race, color, religion, gender, and age differences, and yet it distinctly represents each of us. We will pursue and maintain life, liberty, and happiness in our diverse community and diverse workplace. This policy statement is both a pledge and a challenge for us to continue to build and maintain an understanding environment of diverse people and backgrounds through the promotion of People First language, inclusion, and mutual respect. It is also to serve as a reminder that the City of Corpus Christi maintains policies against discrimination, retaliation, and harassment, and that violations of these policies will result in disciplinary action up to and including termination. /~avid Rr/~arcia~VCity Manager Date grpus. /~avi~ R. ~arcia City Manager I. PURPOSE NO: G -- 7.0 DATE: / / The City of Corpus Christi strives to continue providing quality customer service to all persons, regardless of race, color, religion, age, gender or disability. In the event any persons with disabilities have a complaint regarding accessing City services, programs or activities, the City of Corpus Christi formulates this Policy as a Title II Entity under the Americans with Disabilities Act (ADA). Prior to the adoption of this Policy, citizen grievances on accessibility were previously addressed in Section II of City Policy Number HR9.0. This Policy is adopted in lieu of Section II of City Policy Number HR9.0, by simultaneous revision. Through this Policy, the City endeavors for more direct and timely handling of accessibility issues for the general public. II. SCOPE This policy applies to persons with disabilities of the general public who seek or desire the use of or participation in City programs, services and activities. IlL POLICY This Grievance Policy is established to meet the requirements of the Americans with Disabilities Act (ADA). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in employment practices and policies or the provision of services, activities, programs, or benefits by the City of Corpus Christi. City Policy G 7.0 Page I of 3 July 2002 The complaint should be in writing and contain infom~ation about the alleged discrimination such as complainant's name, complainant's address, complainant's phone number, location of problem, date and description of the problem. Alternative means of filing complaints, such as personal interviews, audio tape or video tape recording of the complaint, will be made available for persons with disabilities upon request. The grievant and/or his/her designee should submit the complaint as soon as possible but no later than 180 calendar days after the alleged violation to: City of Corpus Christi's Director of Human Relations (361) 880-3190 1201 Leopard- City Hall Corpus Christi, Texas 78401 A Citizen Accessibility Grievance Form for public use is attached to thispolicy. Within 15 calendar days after receipt of the complaint, the City of Corpus Christi's Director of Human Relations or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City of Corpus Christi's Director of Human Relations or designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City of Corpus Christi and offer options for substantive resolution of the complaint. If the response by the City of Corpus Christi's Human Relations Director or designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision of the City of Corpus Christi's Human Relations Director or designee within 15 calendar days after receipt of the response, to the City Manager or his/her designee. Within 15 calendar days after receipt of the appeal, the City Manager or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Manager or his/her designee will respond in writing, and where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by the City of Corpus Christi's Director of Human Relations, appeals to the City Manager or his/her designee, and responses from the City of Corpus Christi's Director of Human Relations and the City Manager or his/her designee will be kept by the City of Corpus Christi for at least three years. Prepared by the Human Relations Department City Policy G--7.0 Page 2 of 3 July 2002 CITIZEN ACCESSIBILITY GRIEVANCE FORM Person Filing Grievance Name: Street Address: City/State/Zip: Telephone Nutnber: ( __ __) . Description of Grievance Please describe the accessibility complaint: (Attach more sheets if needed) Requested Resolution of Grievance Please state what or how you feel the grievance may be resolved: Citizen's Signature Today's Date ***Office Use Only*** Type of Accessibility Problem:Service Program Received By: Response Prepared By: (Attach Copy) Response Forwarded to Citizen: Activity Other Date: / / Date: / / Date: / / City Policy G 7.0 Page 3 of 3 July 2002 c~ity of ~o~us. ---- Christ1 Appendix D SUMMARY OF PUBLIC COMMENTS City of Corpus Christi Summary of Public Meeting Input ADA Self -Evaluation - Transition Plan APPENDIX D Oveal Williams Sr. Center 5/21/2002 Description of Comments Comment B ,v. nave series or reports consolidated into one document - matrix. CFPWD Member B. Share ADA deficiencies with CFPWD, in summary, to show good faith effort is being done and progress has been made. 2 A. This second Plan [self-evaluation of ADA deficiencies] will be very significant. Citizen B. Develop a 1, 2, 5 yr. plan; Once Plan done, City should commit Gen. Fund money to Plan; Gen. Fund & Bond Election funding. C. City lucky not sued; City has been sincere in efforts. D. Lives in danger - barriers and sidewalk issues. [citizen uses a wheelchair] E. Expressed concerns on sidewalks, streets and how City and RTA says each other is responsible. F. Suggested City work with RTA, joint effort; [Understanding] Not all [can be done] at once, but phase in. 3 A. Suggested more collaboration, working together from start to end; CFPWD Member B. Basic human rights; Consider spirit of the time. 4 A. Set priorities since cannot do all at once; palatable; realistic. CFPWD Member B. Look at what impacts the most people, such bayfront L and T Heads and curb ramps in getting to schools, work, etc. 5 A. Make the report [transition plan] available to public for public understanding. Citizen B. Expressed accessibility concerns on hospitals when patients go between, rehab and home; on homeless shelters w/upper floors, HUD housing lacks adaptive devices. - - Wanted City to ensure accessibility within these other areas. C. Concurred on curb ramps. D. Proposed requests [for accommodations] go through process to recommend what needed to be done immediately. 6 Asked if CDBG only way to go, what about seeking City commitment of General Fund. CFPWD Member 7 A. Gravity of situation to City Council CFPWD Member B. Collaboration with other entities, part of collective group for entire community. C. Education and networking with other groups for input. D. Show we are concerned about the whole community. 1of10 City of Corpus Christi Summary of Public Meeting Input ADA Self -Evaluation - Transition Plan APPENDIX D Lindale Senior Center 5/22/2002 Description of Transition Plan Comments Comment B r�aiacu 1—u up uenieu accommooation request in toileting assistance in Park and Rec. summer program and feels this does not allow the child cannot to participate. - Stated child uses canes, so needs assistance. 2 Concern that Buc Days parking is not accessible and blocked off from accessible area at Coliseum. 3 Concern that elevator at Convention Center is small. 4 A. Concern of designs of elevators in light of 9-11; Alternate escape route for persons with disabilities. B. Talk to others for innovative approach C. Concern that Coliseum floors may be slippery. D. Restroom stalls at Convention Center - latch too small and cannot lock. E. Day Cares, Restaurants, Stores, etc. public accommodation issues. Elaborated on accommodation review process at a day care. 5 Accessibility of Park and Rec. Centers' restrooms Citizen/Parent Zavala Senior Center 5/23/2002 Description of Transition Plan Comments Comment By Hrrenaea py a;tatt, Commissioners and Mr. Alonzo; No Public Comments. Ethel Eyerly Senior Center 5/28/2002 Description of Transition Plan Comments Comment By .euyywuLpi 1 u iai � ity consiaer wnat it snOWa do IADAJ, not that it is just law. Citizen 2 Consideration of tourists. Citizen 3 ADA in effect for 12 years; Curb cut issues, such as Mesquite and Lawrence Streets. Citizen 4 RTA schedule issues; Would like City input to RTA regarding B -Line; If insufficient notice for all, use PSAs & advertisements. Citizen 5 Citizen concern about curb cuts but did not know about City's ADA Coordinator; Suggested a news conference. Citizen 2of10 City of Corpus Christi Summary of Public Meeting Input ADA Self -Evaluation - Transition Plan 6 ADA Coordinator not on bulletin board. 7 Expressed a need to know who and where City ADA Coordinator is. 8 A. Concern on opening of City Hall accessible doors [Lipan Street]; Expressed City should be cognitive. B. Expressed signage is necessary. 9 A. Concurred on this signage and added that ramp is not accessible [Lipan Street]. B. Accessible parking is not valid without signage; Get information out. C. Mentioned building factors monitored [or should be] by Building Ordinance. D. Suggested campaign on designated parking, possible ordinance; Building Permits to include parking and signage. E. Accessible Van Parking F. Civilian Ticketing Group; liability issues; see other cities - models. 10 A. Concern of restroom doors - opening in rather than out. B. Restaurant salad bars are not accessible. C. Department store isles not accessible. 11 A. Suggestion of signage posting - low vision and Braille - in each building. B. B -Line concerns. C. Lack of Braille books in libraries and audio information D. Audio devices needed at crosswalks. 12 Crosswalk accessibility in general, such as Flour Bluff High School, stores, Flour Bluff Drive and restaurants. 13 A. Expressed that signs are too high; Titles of facilities, hospital, stores and restrooms; Suggested a standard location for all B. Concern that sidewalks are not accessible. C. Discussed resources, such as books on tape (TCFB); yet libraries have few. 14 Elaborated on libraries: Typically in main libraries or highly public areas. 15 Offered to give input in support of library accessible computer equipment, if necessary for grant to gain City/Council support. 16 Downtown crosswalks could use beep sensors; highly populated; safety issue. 17 A. Suggestion that City install accessible equipment/features upon equipment replacement. APPENDIX D CFPWD Member Citizen Citizen CFPWD Member Citizen Citizen Citizen CFPWD Member Citizens Citizen CFPWD Member 3of10 City of Corpus Christi Summary of Public Meeting Input ADA Self -Evaluation - Transition Plan B. City needs to adopt TAS standards to ensure visual, audible and physical accessibility; City is example to others; Mentioned that senior center ramp not accessible. C. Integration and education has to be done. D. Concern that ADA standards not give by telephone. E. Mentioned that concerns can be submitted in writing and/or contact office [of ADA Coordinator]. 18 A. More public meeting needed; give at least two weeks notice. B. Concerns with voting ballot process. APPENDIX D Citizen City Hall Basement Training Room 5/29/2002 Description of Transition Plan Comments Comment By I A. i A Uommission for the Blind working with City: Library adaptive equipment, utility Braille statements. B. Agency may provide sensitivity training as not all recognize visual impairment as apparent disability. C. On street signs, crosswalk Commission for the Blind signs ignored. D. More public awareness. 2 A. Need audible devices, suggested special training for Traffic Engineering. B. Special group could provide information on which intersections [for audible devices]. C. RTA B -Line complaints on programs; contracted out; large turnover; needed sensitivity training. 3 A. Concern that few recognize "hidden" disabilities, service dogs and canes. B. Feels that people with hearing impairments often overlooked. C. On City jobs, concern on ability to follow minimum qualifications, written/verbal instructions, Elimination of large groups of people. D. Interpreting services in 1 st 90 days (TRC). E. Suggested looking more closely at minimum qualifications before releasing jjobs] to public. F. Lack of on-the-job training - civil service. 4 Return to work policy for injured workers; policy revamp and change of attitude. 5 A. Suggested working more with E -Commerce; Look at web pages; JAWS equipment initially. Agency Rep Citizen Agency Rep Agency Rep Agency Rep 4of10 City of Corpus Christi APPENDIX D Summary of Public Meeting Input ADA Self -Evaluation - Transition Plan B. TX Commission for the Blind won a national award on accessibility. 6 TX Commission for Blind available to assist with accessibility examples. Agency Rep 7 A. Closed -captioning of City Council meetings and other service information. Agency Rep B. Larger population addressed by use of closed -captioning in that 1 in 10 people have hearing loss. C. Agency has information on local resource for closed -captioning. D. Asked to contact Agency; available for discussion prior to City's implementation of closed -captioning. 8 Concern on accessibility of restrooms at Coliseum; Oversize wheelchairs, getting larger, need alternative. CFPWD Member 9 Information available through Coordinator at TAMU-CC, will forward to City [before new arena]. Citizen 10 A. Concern on minimum slope standards being too steep for large, heavy wheelchairs. Citizen B. General brief discussion on slope being 1:20 versus 1:12. 11 City should set an example by overcompensating in some areas. Agency Rep 12 [Re: previous #91 City could save money in long run rather than make accommodation & modify later, after fact. Citizen 13 Comment on having universal design concept before public in fall. Citizen 14 A. Concern on lack of awareness of universal design & also optimum for accessibility; be totally accessible. Agency Rep B. Concern who will make sure people comply with law; City "teeth" for enforcement. C. {Re: City building code ordinance] It takes change of attitude and awareness of universal design and and commitment to use of Gen. Fund money to meet federal guidlines. D. Mobility access throughout community. E. Suggested City, RTA B -Line and citizens work together; trouble for people to get from point A to B, etc. 15 Concern on students with disabilities having accessible curb cuts, bus stops and restrooms. Citizen 16 [Re: Transition Plan] Not just a document, need an ongoing working document and constantly work on it. Agency Rep 17 A. Accessible soccer program; parents want to know what summer program will do. Citizen B. Some restrooms not accessible. C. Children put on side, not given opportunity to be included in games/events. D. Concern on grant for City purchase of land - soccer adaptive program. 5of10 City of Corpus Christi APPENDIX D Summary of Public Meeting Input ADA Self -Evaluation - Transition Plan E. Currently this soccer program has limited facility through local church. F. Posed question if have request for accommodation for "wheelchair basketball team". 18 A. Concern of lack of accessible housing in Corpus Christ. Agency Rep B. Expressed appreciation for City's involvement in addressing housing issues/needs. C. Mentioned City of Austin's ordinance [non-discrimination); revise City's ordinance. 19 A. Additional comments on soccer: level field, low crop grass, practice vests of different color(s); color coordinated flag(s) on Citizen goal; different graphic for color blind, or shade contrast; adaptive visual/audible; levels of impairment for functionality. B. More accessibility of Park and Rec facilities, including pools and restrooms. C. Accessible games at Recreation Centers, such as pool and ping-pong tables; consider height for persons using wheelchairs. D. Intergration of smaller teams: "3 on 3" or "2 on 2" etc; take on individual basis to learn team work. E. Interest in soccer, basketball and baseball accessibility teams; use buddy system. F. Dual team programs, not typical but integrated. Northwest Senior Center 5/29/2002 Description of Transition Plan Comments Comment By 1 A. Asked for clarification of meeting being just for City. Citizen B. Concern of better ramping for persons with visual impairments. C. Needed sensitivity training at Police Department. D. Needed sensitivity training at TX Workforce Commission (TWC). E. Concern with TWC's job application and interview processes, regarding persons with disabilities. F. Concern with RTA B -Line manifest; need better assurance to passengers with disabilities on pick up & drop off destinations. G. Concern with RTA B -Line in better assuring that passengers' pick up and drop off sites. H. Mentioned C.C. Blind Leaders meet 1 st Saturday of month. 6of10 City of Corpus Christi Summary of Public Meeting Input ADA Self -Evaluation - Transition Plan APPENDIX D City Hall Council Chambers 6/12/2002 Description of Transition Plan Comments Comment By 1 A. Expressed lack of employment accomodations in community. Agency Rep B. Some restaurants have limited (and actual getting smaller) space, which is inconvenience to persons using wheelchairs. 2 Asked group how they feel restaurants have been accommodating the general public. Citizen 3 Response - normally just move a chair; problems remain with table space. Citizen 4 Issue raised - creating jobs. 5 Similar problems in retail industry; Lager franchises may or may not be more educated. CFPWD Member 6 A. Concern with early voting accessibility; lack of privacy for persons using wheelchairs CFPWD Member B. Concern with lack of privacy for persons using wheelchairs when voting. C. Ballots are not accessible; not in Braille nor alternate means. D. Prioritization of Transition plan; hopes report will show urgency of some items. 7 [Back to Voting] Some precints are accessible, but only for one party; both parties should be accessible. Citizen 8 [RE: #7] This is a party decision at precint sites; address at party levels in working with City & County to ensure accessible sites. CFPWD Member 9 A. Commented on "window of opportunity" - Landry's; w/list of accessibility issues, asked audience if had any concerns. CFPWD Member B. Accessibility issues on RTA Water Taxi C. Accessibiity issues of restaurant being close to water on pilings. CFPWD Member 10 Concurred with prior commentor and added issue of better signage needed. 11 Concerns with accessible parking issue on People Street, restaurants on Water St. valet parking, lighting and water taxi. CFPWD Member 12 Concerns with landmass and garage parking . Citizen 13 Concern of obsticles for visual impairments; audible signage needed; matter of safety issue. CFPWD Member 14 A. Suggestion of incorporating People 1st language into signage. CFPWD Member B. Concern that heard signs cannot be changed; need to take initiative to use sensitive verbage. C. Read paper and concern that people still do not know point of contact; dispense information to community. D. Concern with restroom door issue, referred person to forward complaint. 7of10 City of Corpus Christi APPENDIX D Summary of Public Meeting Input ADA Self -Evaluation - Transition Plan E. Concern that citizens have not heard information on tv or radio; need to change to show contact F. Concern with new construction. 15 A. Looking to City for signage and curb cuts (old & new signage), not to TDLR accessible standards. CFPWD Member B. Concern that sign height for accessible parking at city hall is incorrect, not at 60 inches and space strippiong incorrect. C. Discussion about City ordinance adopting TDLR. 16 Referring to accessible parking signs, the "60 in. heighth" is the minimum, can be higher. Citizen 17 Acknowledge correction. CFPWD Member 18 Mentioned catalogs for signage. CFPWD Member 19 Mentioned "accesssible" and "reserved" parking signage has been confusing. Citizen 20 A. City Staff training on language CFPWD Member B. Concern of inaccessible sidewalk at Bartlett Cove C. Getting City staff trained should not be expensive. D. Concern of accessibility to services in City contracts and renewals (3 contracts named). E. Stated that advised City of lack of integrated Ice Rays seating. F. Stated that advised City of inaccessible building - Mercury Air. G. Stated that advised City of inaccessible restrooms at Landry's. H. Directional signage needed at City; Signage of ADA Coordinated needed on bulletin board. I. Coliseum restrooms pending; possibly hire someone to review. J. Various citizen complaints. K. Closed -caption needed on PSAs, City messages and emergency messages. L. Concern of lacking signage at Housing Authority's accessible route. M. Conern of RTA B -Line service in drivers being insensitive to persons with disabilities; passing by them; ignoring requests. 21 A. Concern of strong civil rights violations; attitudes; lack of attention for people with disabilities. Agency Rep B. Concern meetings did not reach far; publicity. C. Disability awareness campaign; proper ettiquette of all disabilities. 8of10 City of Corpus Christi APPENDIX D Summary of Public Meeting Input ADA Self -Evaluation - Transition Plan D. Accessible signage needed at schools; watch verbage. E. Suggested Chamber of Commerce and City provide job fairs for people with disabilities. 22 A. Offered issues raised; focus group. Agency Rep B. Need to make more effort to create part-time jobs; energy level issues. C. Conern on Jefferson Awards nominations. D. Concern Park and Recreation Department laking adaptive/modified program(s) for children. E. Need accessible taxis for ADA and seniors. 23 A. Offered New York City, LA, Las Vegas as examples of accessible taxis. CFPWD Member B. Concern on lack of professional development. C. Relationships with City; maybe future laws. D. [Re permitting requirements] There is a small amount, only 10% or less. 24 Posed question on lower permits. Citizen 25 Back to CFPWD Member: No, just renewal factor 1 or 2. 26 Back to Citizen: Perhaps City could lower permit cost. 27 Expressed larger need for education and provisions in event of hurricane. Agency Rep 28 A. Offered that evacuation plan for persons with disabilities all over Internet. CFPWD Member B. Concern that some people cannot evacuate on their own. C. Suggested that people possibly register in advance. D. Concern that RTA buses stop running. 29 Stated it appears to be "survival of the fittest"; Suggest City should take initiative. Agency Rep 30 Mentioned that during heavy rains RTA B -Line stopped running last month (May 2002). CFPWD Member 31 Gave example of person with bone cancer cannot walk or use wheelchair. CFPWD Member 32 A. [Re City's refuge of last resort] All shelters need to be accessible. CFPWD Member B. Suggested a buddy system. C. Other information should be available: checklist and out-of-town shelter information. 9of10 City of Corpus Christi APPENDIX D Summary of Public Meeting Input ADA Self -Evaluation - Transition Plan 33 A. Concern of jail population, mental health issues; Stated abuse occurring; lack of medicine. Agency Rep B. Concern Planning Commission have cross professionals for ADA issues. C. Concern on City's web site for upcoming events, department information, tourist access information. 34 City needs to be aware of what is available in order to really be accessible. CFPWD Member 35 A. Concern on the essential functions of job descriptions; Staff working on these need training on alternatives; be creative. CFPWD Member B. City should have more visability of employees with disabilities; make public aware. 36 Mentioned advocacy meetings growing in community; Council welcome; part of routine. Agency Rep 37 A. Posed question on what is available as adaptive devices in Council Chambers; notice - 48 hours. CFPWD Member B. Need to know what adaptive devices are available throughout City departments, list in one central location. C. Concern that a reception [for advisory boards] did not have sign interpretation; should have happened automatically. D. Asked if this was the last meeting. E. [Re additional meetings] Get meeting information out in newsletters of agencies. 10 of 10 C~ity of corpus. Christ1 Appendix E SUPPLEMENTAL INFORMATION ON ADA CURB RAMPS (Excerpts from City CIP Budget FY 2003-04) AMERICAN with DISABILITIES ACT TRANSITION PLAN IMPROVEMENTS PROPOSED FY 2002-03 CAPITAL IMPROVEMENT PLAN (0005) SHORT-RANGE Ye3r1 Year1 rYear FY 2002-03 1 FY 2003-04 1 FY 2004-05 71 LONG-RANGE FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 FY 2009 10 FY 2010 11 FY 201112 Years 1,000.0 1,000.0 1,000.0 1,000.0 1,000.0 1,000.0 1,000.0 103,527.9 375.0 375.0 375.0 375.0 375.0 375.0 375.0 8,323.5 Total $ 1,375.0 $ 1,375.0 $ 1,375.0 $ 1,375.0 $ 1,375.0 $ 1,375.0 $ 1,375.0 $ 111,851.4 Notes: (a) Assumes a Bond Issue of $30 million every four years beginning in 2004. (b) Assumes ADA component of street projects is 5% of total cost. (c) ADA Curb Ramps - anticipated completion: Priority 1 - Year 5 Priority 2 - Year 6 Priority 3 - Year 7 Priority 4-6 -Year 10 Total CIP $ 599.8 113,618.7 11,381.3 $ 125.599.8 -44 - -137- -138 - PUBLIC FACILITIES PROGRAM �r CITY OF CORPUS CHRISTI 1 s Y The Public Facilities Program for FY 2002-2003 again consists primarily of two major projects: the Multi -Purpose Arena and the Bayfront Plaza Convention Center Expansion. Funds for the Public Facilities Program are derived from: • an additional 1/8 -cent sales tax; • an additional 2% hotel -motel tax; • the 2000 General Obligation Bond Program; and • the Community Development Program. The additional 1/8 -cent sales tax will provide funding for a new Multipurpose Arena. The arena will provide seating for up to 10,000 with box and club seating for a full range of concerts, entertainment, ice shows, dirt events, rodeos, and sporting events. The facility is co -located with the Convention Center to provide synergy between the two facilities and to allow for cost savings through joint use areas. The conceptual design is a modern design that provides a complete facade upgrade for the Convention Center facing Shoreline Drive funded by the additional 2% Hotel/Motel Tax. The 1999 Legislature passed a Bill allowing the City of Corpus Christi to levy an additional 2% on the Hotel/Motel Occupancy Tax. This additional tax provides funding for the maintenance, rehabilitation, and expansion of the Bayfront Convention Center. The tax may be expended directly or to pay principal and interest on Revenue Bonds issued to expand the Bayfront Plaza Convention Center. The project to rehabilitate and expand the Convention Center has reached the final design with completion scheduled to occur in 2004. New improvements will include a new grand entrance, new ballroom, additional break rooms and modernization of the facility. The improvements will enable the City to attract and host larger conferences, conventions, and community and entertainment events. -139 - Bond Issue 2000 Projects for public facilities are complete or substantially underway. Improvements to the Museum include a fire suppression system to protect the exhibits and minimize loss from fire and a centralized heating and air conditioning system to preserve the artifacts and objects in the Museum collection through energy efficient regulation of both temperature and humidity controls. HVAC Chillers at City Hall have reached the end of their useful life and require replacement. Phase One of the project calls for the replacement of the chillers and modifications to the mechanical room. Phase Two will provide terminal units throughout the building and will be completed as part of the remodeling and floor plan modification project. The FY 2002-03 Capital Budget reflects funding for ADA 2002 Facility Improvements which will address barrier removal and accessibility issues in municipal facilities such as City Hall, fire stations, libraries, health clinics and other buildings. The One Stop Development Center is funded through a lease purchase agreement with Frost Bank using operating funds and therefore is not included in the City's Capital Improvement Program. The building will house the City's One Stop Development Center on the first floor. The second, third and fourth floor are complete and now occupied by the Emergency Operations Center, Fire Department Administration, Local Emergency Planning Committee (LEPC) and Fire Training. The first floor will be completed in early January 2003. A recap of the budgeted expenditures includes: EXPENDITURES: FY 2002 - 2003 Public Facilities Program Expenses: YEAR ONE YEAR TWO YEAR THREE 2002 -2003 2002 -2003 2003 -2004 $74,438,300 $ 0 $ 0 TOTAL PROGRAMMED EXPENDITURES: $74,438,300 $ 0 $ -140 - FUNDING: FY 2002 — 2003 Funding Currently Available: $73,838,500 Additional Funding Community Block Development Grant $ 599,800 $ 0 $ 0 $ 0 $ 0 TOTAL PROGRAMMED FUNDS: $74,438,300 $ 0 $ 0 PUBLIC FACILITIES SHORT—RANGE CIP (000's) City Hall HVAC Chillers and Control syst $1 Bayfront Plaza Convention Cente $28,157.9 38% ADA 2002 Facility ' cents l% Multi -Purpose Arena Facility $44,505.6 59% -142 - PUBLIC FACILITIES SHORT-RANGE CIP (000's) Prior FY Seq # Project Name Obligated Funds PF 01 Multi-purpose Arena Facility 5,055.4 2003-2004 [CB:PFAF.000011 [PS:120810] [ENG:42361 Total PF 02 Bayfront Plaza Convention Center 403.4 Pending [CB:PFCC.97002] [PS:110710] [ENG:4235] Pending PF 03 City Hall HVAC Chillers and Control System, Phase 1 599.8 [CB:PFCH.02001] [PS:40300] [ENG:4270] PF 04 Baseball Stadium [CB:PFBS.020021 [PS:TBD] [ENG:TBDJ PF 05 Affordable Housing Initiative [CB:PFAH.02003] [PS:TBDJ [ENG:TBDJ PF 06 ADA 2002 Facility Improvements [CB:PFADA.02004] [PS:TBDJ [ENG:TBDJ CURRENTLY AVAILABLE FUNDING: Tax Bond Issue 2000 Motel Tax Bonds CIP Budget Year1 2002-2003 44,505.6 28,157.9 1,175.0 599.8 Year2 Year Three Year 2003-2004 2004-2005 Total Program Total: 5,458.8 74,438.3 - - 74,438.3 403.4 1,175.0 225.0 498.9 Total Currently Available: 5,458.8 73,838.5 225.0 -143- 44,505.6 28,157.9 1,175.0 Pending Pending 599.8 Program Total: 5,458.8 74,438.3 - - 74,438.3 403.4 1,175.0 225.0 498.9 Total Currently Available: 5,458.8 73,838.5 225.0 -143- -150 - PROJECT DESCRIPTION DEPARTMENT: Public Facilities sequence#06 CITYWIDE PROJECT TITLE: ADA 2002 Facility Improvements To Be Determined Lsr� DESCRIPTION: To Be Determined These improvement projects provide for accessibility and barrier removal within City facilities of To Be Determined public access. The Americans with Disabilities Act Accessibility Guidelines (ADAAG) and Texas Accessibility Standards (TAS) current guidelines have been utilized in assessing and recommending areas of improvement for ADA compliance. Improvements include parking lots, signage, facility emergency equipment, ramps, doorways, door and wall fixtures, restrooms and \ / service counters. Implementation of these ADA facility Improvements will make the City of Corpus Christi more accessible for citizens and visitors to use City services, programs and activities within City public access buildings. Targeted locations include City Hall, Fire Stations, Golf Centers, Health Clinics, Heritage Park, Libraries, Marina, Park/Rec Facilities, Police Sub -stations, Pools and / Service Center. FUNDING SCHEDULE (000's) Prior FY CIP Budget Year 2 Year 3 Three Year Obligated Year 1 PROJECT NOTES: Estimated Project Cost: Funds 2002-2003 2003-2004 2004-2005 Total Design & Engineering: 111.1 111.1 Capital Budget Project No: 02004 Construction: 444.3 444.3 Engineering Project No: TBD Contingency: 44.4 44.4 Finance Project No: TBD Inspection/Other: - A/E Consultant: Contractor: Award Design: Let Date: TBD TBD TBD TBD TOTAL: 599.8 599.8 Source of Funds CDBG Funds 599.8 599.8 Anticipated Completion: TBD TOTAL: - 599.8 PROJECT TIMETABLE: Preliminary Phase Design/Permitting Phase Bid/Award Date ruction To Be Determined To Be Determined To Be Determined To Be Determined -182 - CITY OF CORPUS CHRISTI STREET PROGRAM / OPP S �yA �r J`5 td. The Fiscal Year 2003 Street Capital Improvement Program primarily reflects projects that were voter -approved as part of the Bond Issue 2000 and Community Development Block Grant funded improvements. Thirty-three street improvement projects were approved by voters in November 2000. The majority of these projects are well underway with all scheduled for completion by year-end of 2004. Remaining 1986 bond projects are substantially complete with minor improvements such as landscaping and lighting in the final stages of work. The Street Capital Improvement Program includes the required utility relocations and rehabilitation to reflect the "total' project cost and capital value. The City of Corpus Christi has successfully employed a strategy of joint participation with other governmental entities to complete street projects for the maximum benefit of its citizens. Significant financial participation has been secured through the Metropolitan Planning Organization (MPO) from Federal Highway Administration and Texas Department of Transportation (TxDOT) funding. The Regional Transportation Authority also contributes to special projects benefiting urban mobility each year. In addition, the Department of Housing and Urban Development through the Community Development Block Grant program make funds available for street projects. Street projects scheduled for construction within the current fiscal year include (F.M. 665 to Rockford Road), Alameda Street Reconstruction (Parade Street to Ocean Drive), South Staples Street Reconstruction (Gollihar Road to Kostoryz) and Flour Bluff Estates, Phase 1 Road Improvements. The FY 2003 Capital Budget includes a comprehensive strategy for implementing the City's ADA (Americans with Disabilities Act) Transition Plan now in the process of being updated. As a community priority, a new ADA component has been added both in the Public Facilities and Streets categories, which is over and above the ADA improvements scheduled as part of specific street projects. In fact, street project profiles now include a breakout of ADA related costs. The short-range Streets Programs includes over $3.5 million dollars in ADA improvements. The long-range plan reflects over $300 million in street projects that have been identified as requiring road and utility reconstruction. This list will be used to develop the next voter -approved General Obligation Bond election. A recap of the budgeted expenditures includes: EXPENDITURES: TOTAL PROGRAMMED EXPENDITURES: YEAR ONE 2002 —2003 $23,807,500 YEAR TWO 2003 —2004 $10,776,000 YEAR THREE 2004— 2005 $4,101,400 -183 - -184 - FUNDING: General Obligation Bonds (1986) Available: $ 0 $ 0 $ 0 General Obligation Bonds (2000) Available: $ 8,701,800 $ 5,296,300 $ 359,400 Community Development Block Grants Approved: $ 2,242,600 $ 0 $ 0 Series 2002 Utility Revenue Bonds $ 5,490,500 $ 0 $ 0 Regional Transportation Authority Funding: $ 500,000 $ 0 $ 0 Certificates of Obligation: $ 120,500 $ 0 $ 325,000 Commercial Paper Program: $ 0 $ 0 $ 0 Bond 2004 Issue (Proposed) $1,000,000 TOTAL AVAILABLE FUNDS: $17,055,400 $ 5,296,300 $1,684,400 RECOMMENDED ADDITIONAL FUNDING: $ 6,752,100 $ 5,479,700 $2,417,000 Future Commercial Paper/Revenue Bonds TOTAL PROGRAMMED FUNDS: $23,807,500 $10,776,000 $4,101,400 STREETS SHORT-RANGE CIP (000's) Prior FY Seq # Project Name Funds Obligated CIP Budget ,ear, 2002-2003 159.2 810.8 193.5 401.0 520.0 500.0 Year Flour Bluff Drive, Ph 1 Street improvements Three Year ST 39 [CB:99002] [PS:200055 / 850108 / 8502091 1,749.5 [ENG:6122] 193. CDBG Accessibility Improvements for the Disabled 401. ST 40 [CB:99005] [PS:850009 1850010 / 850205 / 850206 / 21.6 850207 / 8502081 [ENG:6124 / 6125 / TBD] 500. Garcia Arts Education Center, Phases 1 & 2 345. ST 41 Street Improvements 69.9 [CB:00009A] [PS:850109 / 850110 / 850210] 214. [ENG:6133 / 61341 Sunnybrook/Evelyn /Gollihar/Kostoryz Road ST 42 Area Street and Drainage Improvements 30.0 [CB:01001] [PS:8502111850327] [ENG:6169A] ST 43 Manshism Area . Rolled Curb & Gutters - [CB:01002] [PS:850323 [ENG:TBD] ST 44 RTA Special Street Projects 500.0 [CB:00025] [PS:N/A] [ENG:N/A] ST 45 ADA Curb Ramps - Arterial Streets [CB:02001] [PS:N/A] [ENG:N/A] ST 46 ADA Curb Ramps - Collector Streets [CB:02002] [PS:N/A] [ENG:N/A] ST 47 ADA Curb Ramps - Residential Streets [CB:02003] [PS:N/A] [ENG:N/A] CIP Budget ,ear, 2002-2003 159.2 810.8 193.5 401.0 520.0 500.0 Year Year Three Year 2003-2004 20042005 Total -191 - 159. 810. 193. 401. 520. 500. 345.0 345. 441.0 441. 214.0 214. -191 - -191 - STREETS SHORT-RANGE CIP (000's) Prior FY Seq # Project Name Funds Obligated ST 48 Street Utility Reserves 1,100.0 [CB:01002] [PS:N/A] [ENG:N/A] CURRENTLY AVAILABLE FUNDING: CIP Budget Year 1 2002-2003 Year Year Three Year 2003-2004 2004-2005 Total E1,100.0 1,100.0 2,200. Program Total: 11,329.9 23,807.5 10,776.0 4,101.4 38,684.9 0 8,701.8 5,490.5 120.5 2,242.6 500.0 0 0 Total Currently Available: 11,329.9 17,055.4 RECOMMENDED ADDITIONAL FUNDING: 0 General Obligation Bonds 1986 228.7 5,296.3 General Obligation Bonds 2000 3,406.4 0 Series 2002 Revenue Bonds 0 0 Certificates of Obligation 183.1 0 Community Development Block Grants 1,930.4 01 Re Tonal Transportation Authority Grant 500.0 0 Revenue Bonds/Commercial Paper 5,081.3 0 Future Bond Issue 0 0 8,701.8 5,490.5 120.5 2,242.6 500.0 0 0 Total Currently Available: 11,329.9 17,055.4 RECOMMENDED ADDITIONAL FUNDING: 0 0 0 5,296.3 359.4 14,357.5 0 0 5,490.5 0 325.0 445.5 0 0 2,242.6 01 0 500.0 0 0 0 0 1,000.0 0 5,296.3 1 1,684.4 24,036.1 Commercial Paper/Revenue Bond 0 6,752.1 5,479.7 2,417.0 14,648.8 Total Funding Source: 1 11,329.9 1 10,776.0 1 4,101.4 38,684.9 -237- PROJECT DESCRIPTION DEPARTMENT: Streets Sequence #45 �xatlo s IH3] PROJECT TITLE: ADA Curb Ramos - Arterial Streets I DESCRIPTION: The American Disabilities Act requires removal of obstructions to allow access along City streets by all persons. The scope of this program is to construct curb ramps citywide on all streets within the City of Corpus Christi. In coordination with the Committee for Persons with Disabilities, specific .,w^ street corridors and areas were selected that reflect the priority and objectives of the Committe to be completed as funding allows. These streets, in priority order include: Shoreline Blvd (Hughes to Buford), Water Street (Hughes -Buford), Chaparral (Hirsch -Buford), Mesquite Street (Coopers Alley -Brewster), Lower Broadway (John Sartain -Brewster), Staples (Lousiana-Gollihar andi �a Williams -Saratoga), Ayers (Santa Fe -Horne), Gollihar (Kostoryz-Everhart), Morgan (Ocean- Baldwin), Port (Agnes -Crosstown Expressway). FUNDING SCHEDULE (000's) Prior FY CIP Budget Year Year Three Year Obligated Year 1 PROJECT NOTES: 2003-2004 2004-2005 Total Estimated Project Cost: Funds 2002-2003 STREETS: Design & Engineering: 146.0 146.0 Capital Budget Project No: 02001 Construction: 175.0 175.0 Engineering Project No: TBD Contingency: 17.5 17.5 Finance Project No : TBD Inspection/Other: 6.5 6.5 STORMWATER: - WASTEWATER: A/E Consultant: TBD WATER: - Contractor: TBD Award Design: January'05 Let Date: TBD TOTAL: 345.0 345.0 Source of Funds Future Bond Issue 345.0 345.0 Anticipated Completion: TBD Total Project Value: $40,000,000 TOTAL: 345.0 345.0 PROJECT TIMETABLE: Jan'05 To Be Determined Preliminary Phase To Be Determined Design/Permitting Phase Bid/Award Date To Be Determined Construction To Be Determined -238 - PROJECT DESCRIPTION DEPARTMENT: Streets sequence #46 - � rinr an«nr --ice-- «.uon I PROJECT TITLE: ADA Curb Ramos - Collector Streets DESCRIPTION: The American Disabilities Act requires removal of obstructions to allow access along City streets sI 3 by all persons. The scope of this program is to construct curb ramps citywide on all collector streets within the City of Corpus Christi. In coordination with the Committee for Persons with Disabilities, specific street collectors and areas were selected that reflect the priority and objectives ee of the Committe. These streets, in priority order include: Carroll Lane (Staples -Tiger Lane), Tiger Lane/Flynn Parkway/Corona (Carroll Lane to Everhart) and Highland (Baldwin to 19th Street).-,_ FUNDING SCHEDULE (000's) Prior FY CIP Budget Year 2 Year 3 Three Year Obligated Year 1 PROJECT NOTES: P003-2004 2004-2005 Total Estimated Project Cost: Funds 2002-2003 STREETS: Design & Engineering: 51.0 51.0 Capital Budget Project No: 02002 Construction: 340.0 340.0 Engineering Project No: TBD Contingency: 34.0 34.0 Finance Project No : TBD Inspection/Other: 16.0 16.0 STORMWATER: - WASTEWATER: - - A/E Consultant: TBD WATER: Contractor: TBD Award Design: January'05 Let Date: TBD TOTAL: 441.0 441.0 Source of Funds Future Bond Issue 441.0 441.0 Anticipated Completion: TBD Total Project Value: $11,260,000 TOTAL: 441.0 441.0 PROJECT TIMETABLE: Jan '05 To Be Determined Preliminary Phase To Be Determined Design/Permitting Phase To Be Determined `ward Date Aruction To Be Determined -239- PROJECT DESCRIPTION DEPARTMENT: Streets Sequence #47 C ITY W ID E ~� PROJECT TITLE: ADA Curb Ramps - Residential Streets DESCRIPTION: The American Disabilities Act requires removal of obstructions to allow access along City streets by all persons. The scope of this program is to construct curb ramps citywide on all residential streets within the City of Corpus Christi. The areas to be improved will be determined by the committee for Persons with Disabilities based on requests received. — y / FUNDING SCHEDULE (000's) Prior FY CIP Budget Year 2 Year 3 Three Year Obligated Year 1 2003.2004 2004-2005 Total PROJECT NOTES: Estimated Project Cost: Funds 2002.2003 STREETS: Design & Engineering: 25.0 25.0 Capital Budget Project No: 02003 Construction: 165.0 165.0 Engineering Project No: TBD Contingency: 16.5 16.5 Finance Project No : TBD Inspection/Other: 7.5 7.5 STORMWATER: - - WASTEWATER: - A/E Consultant: TBD WATER: Contractor: TBD Award Design: January'05 Let Date: TBD TOTAL: 214.0 214.0 Source of Funds Future Bond Issue 214.0 214.0 Anticipated Completion: TBD Total Project Value: $73,750,000 TOTAL: 214.0 214.0 PROJECT TIMETABLE: Jan'05 To Be Determined Preliminary Phase Design/Permitting Phase To Be Determined To Be Determined Bid/Award Date To Be Determined Construction STREETS LONG—RANGE CIP (000's) Sidewalk and Curb Improvements $3,000 1% Street Reconstruction $325,634.9 67% Congestion Management Improvements Future TkDot Participation $10,000 2% Neighborhood Streets - Voluntary Paving Program Petitions $7,000 1% ADA Curb Ramps $124,000 25% Street Lighting $3,000 1% Traffic Signalization Upgrades $6,240 1% -242 - STREETS LONG-RANGE CIP 55 Street Lighting 3,000,000 A program to upgrade and install additional street lighting in residential areas and along arterial streets is proposed. Improvements will principally consist of replacing existing mercury-vapor street lighting with higher -intensity, more efficient high pressure sodium vapor lighting, adding new street lights on residential streets to improve light spacing, and installing new and improved continuous street lighting along selected arterial streets. 56 Traffic Signal Upgrades 6,000,000 This project includes new traffic signal installations at congested, high accident intersections, modernization of existing signals where traffic patterns have changed, safety related upgrading of hardware and arterial system sychronization projects throughout the City. 57 Hike -n -Bike Trail Enhancements 1,250,000 This project will include construction of off-street hike -n -bike trails connecting parks, drainage open spaces and residential neighborhoods in conformance with the new Master Bicycle Plan. The funds will also be used as local share funds for participation with MPO and TxDOT funding. The ADA curb cut component for this project is $84,500. 58 Purdue - Hustlin' Homet no, Waldron Road Intersection Re -alignment 990,000 This project involves realignment of Purdue and Hustlin' Hornet Drive at Waldron Road to eliminate the two tee -intersections. The realignment would occur through the current vacant tract on the northeast corner and would require property acquisition. The ADA curb cut component for this project is $13,500. 59 South Loop Expressway Right -of -Way Acquisition 500,000 This project will include acquisition of right-of-way for the future construction of the South Loop Expressway along the alignment selected by the Texas Department of Transportation. 60 Neighborhood Street Reconstruction 1,000,000 This program provides for reconstructing neighborhood streets to include curb, gutter, sidewalks, driveways and underground storm sewers. The improvements are petitioned by adjacent property owners who are assessed a portion of the cost 61 Rand Morgan Road Reconstruction - IH37 to South of Northwest Crossing Subdivision 5,000,000 Street reconstructiontwidening from two lanes to five lanes, including curb -and -gutter, sidewalks, underground drainage, continuous lighting, right-of-way acquisition. 62 ADA Curb Ramps - Arterial Streets 39,655,000 The American Disabilities Act requires removal of obstructions to allow access along City streets by all persons. The scope of this program is to construct curb ramps citywide on all streets within the City of Corpus Christi. In coordination with the Committee for Persons with Disabilities, specific street corridors and areas were selected that reflect the priority and objectives of the Committe to be completed as funding allows. These streets, in priority order include: Shoreline Blvd (Hirsch to Buford), Water Street (Hirsch -Buford), Chaparral (Hirsch -Buford), Mesquite Street (Coopers Alley -Brewster), Lower Broadway (John Sartain -Brewster), Staples (Lousiana-Gollihar and Williams -Saratoga), Ayers (Santa Fe -Home), Gollihar (Kostoryz-Everhart), Morgan (Ocean -Baldwin), Port (Agnes -Crosstown Expressway). 63 ADA Curb Ramps - Collector Streets 10,809,000 The American Disabilities Act requires removal of obstructions to allow access along City streets by all persons. The scope of this program is to construct curb ramps citywide on all collector streets within the City of Corpus Christi. In coordination with the Committee for Priority -251 - STREETS LONG-RANGE CIP Persons with Disabilities, specific street collectors and areas were selected that reflect the priority and objectives of the Committe. These streets, in priority order include: Carroll Lane (Staples -Tiger Lane), Tiger Lane/Flynn Parkway/Corona (Carroll Lane to Everhart) and Highland (Baldwin to 19th Street). 64 ADA Curb Ramps - Residential Streets The American Disabilities Act requires removal of obstructions to allow access along City s program is to construct curb ramps citywide on all residential streets within the City of Corpus determined by the committee for Persons with Disabilities based on requests received. TOTAL FUTURE CAPITAL IMPROVEMENT NEEDS: reets by all persons. The scope of this Christi. The areas to be improved will be Priority -252 - METHODOLOGY For ASSESSMENT OF PENDING ADA CURB RAMPS DA CURB RAMPS ESTIMATES AND PROJECTED COST 9/25/0 ARTERIALS COLLECTORS RESIDENTIAL OTAL STREETMILES no wrb ram s or non com liant ram s) 126 miles 46 miles 302 miles 474 miles were Number of curb ramps Per Mile 54 1 46 52 OF CURB RAMPS TO BE IMPROVED 6804 2,116 15,704 24,6 2-4 URB RAMPS CROSSING IN ONE DIRECTION ARTERIALS COLLECTORS Per Cent RESIDENTIAL Per Cent Per Cent 6804 wrh rem s X $2500 $17,010,000 116 wib ramps X $2500 $5,290,000 15704 wrb ramps X $2500 $ 39,260,000 Modify Stone Inlet # ramps x%x$2,025 6804x0.022 2,025= $ 275,562 2% 2,116 x 0.02x 2025= $ 85,698 2% 15,704 x 0.00x 2,025= $ 0 0% Crosswalk Striping #ram s x % x $ 1,350 6,804 x 0.19 x 1,350 = $ 1,745,226 19% 2,116 x 0.13 x 1,350 = $ 371,358 13% 15,704 x 0.04 x 1 350 = $ 848,016 4% UtIlKy Pole Relocate # ramps x % x $ 4,050 5,804 x 0.20 x 4,050 = $ 5,511 240 20% 2,116 x 0.17 x 4,050= $1,456,866 17% 15,704 x 0.19 x 4,050 = $12,084,228 19% Fire Hydrant Relocate # ramps z % x $ 4,050 6,804 x 0.04 x 4,050 = $ 1,102,248 4%1 2,116 z 0.02 x 4,050= $ 171,396 2% 15,704 x 0.02 x 4,050 = $ 1,272,024 2% i nal Pole Relocate # ramps x % x $13,500 6,804 x 0.06 x 13,500 = $ 5,511,240 6%12,116 x 0.02 x 13,500 = $ 571,320 2°h 15,704 x 0.00 x 13,500 = $ 0 0% Ufilfty ADJ. WV/GV/PH #rem s x % x $ 675 6,804 x 0.07 x 675 = $ 321 489 7% 2,118 x 0.09 x 675 = $ 128,547 9% 15,704 x 0.04 x 675 = $ 424,008 4% Sign Adjustment # rem s x % x $ 675 6,604 x 0.13 x 675 = $ 597,051 13% 2,116 x 0.20 x 675- $ 285,660 20% 15,704 x 0.21 x 675 = $ 2,226,042 21% Fence Line Adjustment # ram s x % x $ 405 6,804 x 0.04 x 405 = $ 110,225 4% 2,116 x 0.02 x 405= $ 17,140 2% 15,7D4 x 0.08 x 405- $ 508,810 8% Pavement Milling & Resurface # rem s x % x $ 1,200 6,804 x 0.41 x 1,200 - $ 3,347,588 41% 2,116 x 0.48 x 1,200 = $1,218,816 48% 15,704 x 0.48 x 1,200= $ 9,422,400 50% $35,531,849 $9,596,801 $66,045,528 $111,174,177 Contingencies 11 */- % 13,825,823 Total $125.000,000 City of Corpus. Chnst~ Appendix F DEFINITIONS AND EXAMPLES OF BARRIERS DEFINITIONS AND EXAMPLES OF BARRIERS Below is an outline with a breakdown of data, by types of barriers that may prevent access to and usability of facilities by individuals with disabilities. This list is not exhaustive or necessarily completes, but represents typical barriers identified in the Self-Evaluation and addressed in the Transition Plan. The following are types of barriers: Path of travel: © Stairs, curbs, or other changes in level, obstructions, or protruding objects interrupting exterior routes. o Routes of travel from transportation stops that are not accessible. o Curb ramps that are absent, or do not meet current requirements. © Accessible routes that arc not clearly indicated through signage. Accessible Parking: o The numbers of accessible spaces are not proportionate, with the total number of spaces, by current standards. o Van accessible spaces are not provided. o Accessible spaces do not completely conform to thc current requirements for size, location, marking, and signage. o Curb ramps do not meet current requirements. o Drop-off areas are sometimes blocked; thereforc clearer markings must be applied. Building Entrances: o Entrances are not ramped; or ramps do not meet the requirements for width, slope, cross slope, landings, and/or handrail shape and height. o Level landings are not provided or are not of sufficient width or depth. o Doors require excessive effort to open, and close too quickly to allow safe passage. o Doors are not of sufficient width or have knob-type handles. Interior Signage: o Accessibility information is not provided in building directories. o Accessible facilities arc not marked as accessible, and no information is posted at inaccessible faci 1 ities indicating the location of the closest acccssible facility. o Required Tactile and Braille signage are not provided. Interior Routes of Travel: o Lobbies, corridors and other passages have obstructions or protruding objects, such as drinking fountains, telephones, and projecting signs, which xvhen improperly located, may be hazardous to individuals with vision disabilitics. o interior routes of travel are inten-upted by "level changes", which are not ramped, or ramps do not meet current rcquircments for xvidth, slope, cross slope, landings, and/or handrail shape and height. Public Restrooms: © Restrooms do no meet the requirements for accessibility. Stairs: © Handrails do not meet the requirement for shape and height. Interior Doors: o Doors are not sufficiently wide. o Maneuvering clearance for individuals using wheelchairs is not provided. o Doors require excessive effort to open, and close too quickly to allow safe passage. co Doors lmve kmob-type hardware. Public Telephones: co Mounting heights are too high. Telephones project into accessible route and are hazardous to persons with vision disabilities. co Text telephones are not provided where they are required. o Signage indicating the location of the nearest text telephone is not provided. (Contact to be made with appropriate entity to meet compliance) Alarms: o Visual/audio alarms are not provided in public facilities and meeting rooms with fixed seating. Printed Materials: o Print too small; no large print fonnat available. o Braille format is unavailable. o No alternate format of audio/video tapes. o Unavailable staff for assistance with forms, applications, etc. Communications: © No TDD or Relay Texas for assistance by telephone o On-line computer services not accessible o Closed-captioning unavailable. o Interpreting sop'ices unavailable. co No alternate format of audio/video tapes. RESOLUTION ADOPTING THE CITY OF CORPUS CHRISTI'S AMERICANS WITH DISABILITIES ACT (ADA) TITLE Il COMPREHENSIVE EVALUATION AND TRANSITION PLAN OF BARRIER REMOVAL FOR ACCESSIBILITY OF THE CITY'S PUBLIC FACILITIES, SERVICES, ACTIVITIES AND PROGRAMS. WHEREAS, the American with Disabilities Act was enacted on July 26, 1990 with Title ti becoming effective on January 26, 1992; and WHEREAS, city and state governments are required to insure nondiscrimination on the basis of disability in all public programs, services and activities; and WHEREAS, the City of Corpus Christi has completed the comprehensive evaluation of its facilities, services, activities and programs and has incorporated the results into a transition plan for implementation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS CHRIST1, TEXAS: SECTION 1. That the City of Corpus Christi's ADA Title 11 Comprehensive Evaluation and Transition Plan of Barrier Removal for Accessibility of the City's public facilitics, services, activities and programs is hereby adopted for implementation. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Sccrctary Samuel L. Neal, Jr. Mayor APPROVED ~-,~, ~_qj s ,2003. By: Assistant City Attorney For City Attorney 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 11,2003 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Turner Collie & Braden, Inc., of Houston, Texas in an amount not to exceed $227,000 for technical support services associated with Barney Davis Demonstration Desalination Plant project. (Project No. 8463) ISSUE: Technical assistance is required to ensure the City's proposal contains the necessary information and detail to address the needs of the Legislature and Texas Water Development Board FUNDING: Funding is available from the Water CIP Fund. CONCLUSION AND RECOMMENDATION: Approval of the motions as presented. ',Z~'ge~ R. Escobar, P.E. Date Director, Engineering Services Eduardo Gara~a, P.E. Date Director, Water Services Attachments: Exhibit A: Background Information Exhibit B: Contract Summary Exhibit C: Location Map H:\HOME\KEVINS\GEN\WATER\DESALINA\BarneyDavis~AgendaMemo.doc BACKGROUNDINFORMATION SUBJECT: Barney Davis Demonstration Desalination Plant (Project No. 8463) ADDITIONAL INFORMATION: A Request for Qualifications (#2003-01) was issued by Engineering Services to solicit engineering technical assistance for the Barney Davis Demonstration Desalination Plant. The City's original proposal submitted to the State was one of three proposals short-listed for further consideration. The Legislature is developing the necessary legislation and appropriation to further the Desalination Demonstration Initiative put forward by Governor Perry. Additional technical assistance is required to ensure the City's proposal provides the necessary detail to address the needs of the Legislature and Texas Water Development Board. CONSULTANT SELECTION: Four submissions were received in response to the Request for Qualifications on January 29, 2003. A five member panel was selected to evaluate the responses. The individuals on the selection panel were: · Ronald F. Massey, Assistant City Manager; · W. Thomas Utter, Special Assistant to City Manager; · 'Angel R. Escobar, P.E., Director of Engineering Services; · Eduardo Gara~a, P.E., Director of Water Services; and · Lee Ann Dumbauld, Finance Director. The responding firms were: FIRM SUB-CONSULTANTS HDR Engineering Bushell/Pope Shiner Moseley Associates Olivarri & Associates Texas A&M University - Corpus Christi Onyx Engineering Environmental Resource Group Aqua Resoumes International Freese & Nichols, Inc. Brandsma Engineering Mickley & Associates R. W. Beck Post Buckley Schuh & Jernigan (PBS J) Aquagenics, Inc. L Exhibit A Page 1 of 2 H:\HOME\KEVINS\GEN\WATER\DESALINA\BarneyDavis~AgendaBkgExhA.doc Turner Collie & Braden Ron Lewis and Associates Olivam & Associates BHP Engineering & Construction Smith Russo & Mercer RYE, Inc. Metcalf & Eddy, Inc. Aqua Resources, Inc. Water Consultants International LBG-Guyton Associates George H. Ward All of the firms were deemed qualified to perform the necessary services. The evaluation based on the RFQ criteria resulted in the team led by Turner Collie & Braden as being deemed the best qualified. Exhibit A Page 2 of 2 H:\HOME\KEVlNS\GEN\WATER\DESALINA\BarneyDavisLAgendaBkgExhA,doc CONTRACT SUMMARY CONTRACT PHASES/TASKS: The contract provides two phases. The first phase of the contract will result in assistance to identify the preferred project structure and determine the legislative needs (if any) to allow that structure to function. The assistance will also help develop the conditions and term under which the City would be willing to make surplus water available to others. Should it become necessary during the term of the contract the second phase technical assistance will include: · Identification and meetings with governmental contracting organizations (GCO) including development of memorandums of understanding and coordination of efforts; · Identification of potential users of surplus water including the value of such water and contact with potential customers; · Update of costs and financial analysis to evaluate project feasibility, current and projected costs, incremental costs, and potential subsidies; · Develop alternative methods for construction, management and operation of the Desalination Facility including timelines, advertisement/request for proposal, and presentations to the Legislature and Governor's office; and · Develop funding request for the Texas Water Development Board. Phase 2 will be authorized on an as needed basis. FEE: The Phase 1 fee is for $45,000. Phase 2 has a total not to exceed fee of $182,000. Phase 2 is divided into five tasks with an associated fee if the task becomes necessary and is authorized. The not to exceed fee for all phases totals $227,000. Phase I - Project Structure / Legislative Needs $45,000 Phase 2 Identification & Meetings with GCOs $39,000 Identification of Customers and Market $33,000 Costs Update and Financial Analyses $41,000 Construction, Management, & Operation $38,000 Alternatives Funding Request for TWDB $31,000 Phase 2 Subtotal $182,000 Total $227,000 IExhibit B Page 1 of 1 H:\HOME\KEVINS\GEN\WATER\DESALINA\BameyDavis~AgendaContractSumExhB.doc \ Mproject ~ councilexhibits ~ exh8463, dwg SAN PATRICIO COUNTY NUECES BAY N CORPUS CHRISTI BAY Nueces Coun~ PROUECT LOCATION :)ROJECT # 8463 LOCATION MAP NTS EXHIBIT "C" BARNEY DAVIS DEMONSTRATION DESALINATION PLANT PROJECT CITY OF CORPUS CHRISTI, TEXAS CITY COUNOZL EXHIBIT DEPARTMENT OF ENGINEERINO SERVICES PAGE: I of 1 DATE: 02/11/2003 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3/11/03 AGENDA ITEM: (Caption as it should appear on the agenda) Motion to accept the design for the Seawall streetscape ISSUE: The Seawall Reconstruction Project calls for streetscape elements to be incorporated into the project. The Arts and Cultural Commission, working with Shiner Moseley and Associates Engineering, and City of Corpus Christi Engineering have a recommended design. If accepted it will be incorporated into each phase of the Project. REQUIRED COUNCIL ACTION: Motion to approve the design and authorize staff to move forward with implementation FUNDING: The Seawall Reconstruction Project includes funding for streetscape enhancements within the current budget of $242,000. CONCLUSION AND RECOMMENDATION: Staff recommend approval of the motion. (Department Head Signature) Attachments: BACKGROUNDINFORMATION The Seawall Reconstruction Project included funding as part of the percent for arts program. The Arts and Cultural Commission recommended to City Council, and they approved, that those funds be utilized to design the streetscape elements for the project. Adscapes, an environmental design firm was contracted to formulate some design concepts. A review of their proposal by the Visual Arts Subcommittee, and representatives from both Shiner Moseley and Associates and City Engineering lead to the conclusion that the project budget was not sufficient to fully implement their proposal. A modified plan was agreed to by the Subcommittee. On December 12, 2002 the Arts and Cultural Commission approved a streetscape package which included a design for shade structures along the Seawall. The final approved design will be incorporated along the entire length of the Seawall. The recommended design includes shaded seating, landscaping, and lighting enhancements. The first phase of the project includes approximately 1,500 feet running from the Barge Dock to Power Street. Plans call for three shade structures to be built, depending on final negotiated prices with the contractor. 30 Memorandum TO: Board Members of the Corpus Christi Housing Finance Corporation FROM: David Garcia, General Manager DATE: February 7, 2003 SUBJECT: Meeting of the Corpus Christi Housing Finance Corporation on February 1 I, 2003 1 am requesting that a meeting of the Corpus Christi Finance Corporation be held during the Council meeting on February 11, 2003, to finalize the new Mortgage Credit Certificate Program, Series 2003. The CCHFC recently was allocated $21,742,715 in qualified mortgage bond authority. Since 1987 the CCHFC has elected to convert this authority into mortgage credit certificates in order to assist first-time homebuyers in the purchase of new and existing homes in Corpus Christi. Since 1987, the CCHFC has issued more than $I40,000,000 in mortgage credit certificates. These mortgage credit certificates have helped first-time homebuyers in the purchase of more than 2,300 single-family homes. Additionally, the CCHFC has administered similar programs for the Nueces County Housing Finance Corporation, the lngleside-Aransas Pass Housing Finance Corporation, the Portland Housing Finance Corporation, and the Coastal Bend Housing Finance Corporation. The Mortgage Credit Certificate (MCC) Program is thirly simple. Qualifying home purchasers are able to take a federal income tax credit each year equal to 25% of interest they pay on their home loans. This is a tax credit, not a tax deduction, so it reduces their total tax bill (or increases the amount of their tax refund) on a dollar-for-dollar basis. The tax credit continues for as many years as the purchasers remain in the residence and have the home mortgage in effect. Additionally, purchasers may deduct the remaining 75% of mortgage interest from their taxable income if they itemize on their tax returns. This Program has been very popular with local mortgage lenders, realtors, builders and prospective home purchasers. It has been simple to administer and provides a direct benefit to first-time homebuyers regardless of the prevailing interest rates in the market. In order to formalize the establishment of the Program and help get it off to a good start, I recommend that the Board adopt the attached Resolution. This Program continues the efforts of the housing partnership formed in 1996 that sought to promote and encourage home ownership opportunities for citizens of Corpus Christi. General Manager {):\Documents m~d Settings~AnnieL.TAG8124\Local Set tin gs\TemphMemo-CCnFC-36-15 doc Date: Time: Location: 4. 5. 6. AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION Tuesday, February 11, 2003 During the meeting of the City Cooncil beginning at 1:00 p.m. City Council Chambers City of Corpus Christi 120t Leopard Street Corpus Christi, Texas 78401 President loire Longom calls mceting to order. Secretaxy Annando Cnapa calls roll. John Longoria, President Mark Scott, Vice President Brent Chesney Javier D. Colmenero Rex Kinnison Samuel L. Neal, Jr. Jesse Noyola Approve minutes from previous meeting - April 30, 2002 Financial Report Vacant, Asst. Treasurer Public comment. CONCERNING AN ELECTION TO ISSUE MORTGAGE CREDIT CERTIFICATES IN LIEU OF SINGLE FAMILY MORTGAGE REVENUE BONDS FOR THE MORT- GAGE CREDIT CERIIFICATE PROGRAM, SERIES 2003 Consideration of the following resolution in conn~c~fion with the imp~on of a new mortgage credit certificate (MCC) program in the amount of $21,742,715 for 2003: MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION APRIL 30, 2002 4:40 P.M. PRESENT Board of Directors John Longoria, President Mark Scott, Vice President Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Samuel L. Neal Jr. Jesse Noyola Officers W. Thomas Utter, General Manager Armando Chapa, Secretary Jorge Cruz-Aedo, Treasurer President Longoria called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. President Longoria opened discussion on Item 3, election of officers. A motion was made and seconded to elect the following officers: John Longoria (President), Mark Scott (Vice President), David Garcia (General Manager) Armando Chapa (Secretary), Mary Juarez (Assistant Secretary), Lee Ann Dumbauld(Treasurer) and Jeff Swartzbeck(Asst. Treasured and passed unanimously. President Longoria called for approval of the minutes of the January 29, 2002 meeting. Mr. Scott made a motion to approve the minutes as presented, seconded by Mr. Colmenero and passed unanimously. President Longoria called for discussion of the financial report. Tom Utter said the CCHFC has a fund balance of $322,093.56 as of February 28, 2002. President Longoria opened discussion on Item 6, general manager's annual report. Mr. Utter reported that the partnership between the CCHFC and the CCCIC has assisted in the creation of 5,773 units totaling over $117 million. President Longoria thanked Mr. Utter for his help with the corporation assisting so many low income families. President Longoria called for comments from the audience. J.E. O'Brien, 4130 Pompano, asked if there were any legal ramifications for a general manager to serve on the corporation. City Attorney James R. Bray stated that the CCHFC was a private corporation with no requirements. Abel Alonzo, 1701 Thames, thanked members of the corporation for attending the Fair Housing Conference. He also referred to continuing aid for the disabled community and stated that he did not support projects that segregate the disabled. There being no further business to come before the Corporation, President Longoria declared the meeting adjourned at 4:46 p.m. on April 30, 2002. CCHFCO20430.wpd RESOLUTION CONCERNING AN ELECTION TO ISSUE MORTGAGE CREDIT CERTIFICATES IN LIEU OF SINGLE FAMiLY MORTGAGE REVENUE BONDS FOR THE MORT- GAGE CREDIT CERTIFICATE PROGRAM, SERIES 2003 WHEREAS, the Corpus Christi Housing Finance Corporation (the "Corporation") has been duly created and organized pursuant to the provisions of the Texas Housing Finance Corporations Act (the "Act") for the purpose of assisting in financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for persons of low and moderate income at prices they can afford; and WttEREAS, the Corporation anticipates receiving a Reservation Certificate from the Texas Bond Review Board authorizing the Corporation to issue up to $21,742,7 l 5 in single family mortgage revenue bonds; and WHEREAS, pursuant to Section 25 of the Internal Revenue Code of 1986, as amended, the Corporation intends to make a revocable election to issue mortgage credit certificates in lieu of the issuance of single family mortgage revenue bonds in connection with its Mortgage Credit Certificate Program, Series 2003 (the "Program"); and WHEREAS, the Corporation hereby finds and determines that the making of such an election and the issuance of mortgage credit certificates serves the public purposes of the Corporation outlined in the Act and assists persons of low to moderate income in financing the purchase of residences at prices they can afford; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: 1. The Corporation authorizes its revocable election pursuant to Section 25 of the Internal Revenue Code of I986, as amended (the "Code") not to issue $21,742,715 in qualified mortgage bonds during the calendar year 2003, and each of the President and the General Manager of the Corporation is authorized to perform all matters necessary and do ail things required in connection with such election and the implementation of the Program. 2. All actions taken by or on behalf of the Corporation in connection with the Program and the Mortgage Credit Certificates are hereby authorized, ratified, confirmed and approved, and all orders, resolutions, or any actions or parts thereof of the Board of Directors in conflict herewith are hereby expressly repealed. 3. This Resolution shall be in full force an4 effect fi'om and upon the date of its adoption. DULY PASSED AND ADOPTED this day of February, 2003. CORPUS CHRISTI HOUSING FINANCE CORPORATION By: John Longoria, President D:\D.cuments and SettingsX~,nnieL. TAG8124\Lt~cal Set tings¥1'emp\03 -Resolution- Election doc 0119US Christi