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HomeMy WebLinkAboutAgenda Packet City Council - 02/10/2004CITY COUNCIL AGENDA FEBRUARY 30, 2004 11:45 A.M. - Proclamation declaring the month of February as "American History Month" Certificate of Recognition for Dan Alexander AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD FEBRUARY 10, 2004 9:00 A.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 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. 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 Listed desea dirigirse al Concilio y cree qua su ingl6s as limitado, habri un int6rprete ingffis-espahol an todas las juntas del Concilio para ayudarte. 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 Minister to Children, Kay Dunlap, First Baptist Church. 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 Pro Tem Mark Scott Council Members: Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola E. MINUTES: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Approval of Regular Meeting of January 27, 2004. (Attachment # 1) Agenda Regular Council Meeting February 10, 2004 Paye 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Civil Service Board/Commission * 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 forreconsideration and action on any reconsidered item. H. 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 ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3. Motion approving the purchase of two (2) tractors and seven (7) rotaryweed cutters from Gulf Tractor, of Corpus Christi, Texas in accordance with Bid Invitation No. BI -0024-04 based on low bid and low bid meeting specifications in the amount of $109,248. Agenda Regular Council Meeting February 10, 2004 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) This equipment will be used by the Storm Water and Water Department. Funds have been budgeted by the Maintenance Service Department and the Water Department in FY 2003-2004. One item is an addition to the fleet, the remainder are replacement units. (Attachment # 3) 4. Motion approving the lease purchase of one (1) ambulance from Wheeled Coach, of Orlando, Florida based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC) and the lease purchase of Ericsson radios and fire com system from Dailey Wells Communications, Inc., of San Antonio, Texas based on sole source for a total amount of $150,364, of which $16,000 has been budgeted in FY 2003-2004. The ambulance will be used by the Fire Department. This unit is a replacement. Financing will be provided through the City's lease/purchase financing program. (Attachment #4) Wheeled Coach Dailey -Wells Communications, Inc. Orlando, Florida San Antonio, Texas Ambulance - $131,945 Ericsson Radios and Fire Com System - $18,419 Grand Total: $150,364 5. Motion authorizing the appointment for an ad hoc peer panel to the Arts and Cultural Commission, consisting of arts professionals and community peers to make recommendation for Baseball Stadium "Percent for Art" Project. (Attachment # 5) 6.a. Resolution authorizing the City Manager or his designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $17,300 to be used for the purchase of Crisis Information Management System for the Corpus Christi Fire Department. (Attachment # 6) 6.b. Ordinance appropriating a $17,300 grant from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grants Fund for the purchase of Crisis Information Management System for the Corpus Christi Fire Department. (Attachment # 6) Agenda Regular Council Meeting February 10, 2004 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Motion authorizing the purchase of WebEOC, a crisis information management software package, from ESi as a sole source purchase, in the amount of $41,524 with funds coming from a $17,300 grant from the Coastal Bend Regional Advisory Council and $24,224 from the proceeds of the Metropolitan Medical Response System contract with the United States Department of Homeland Security. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute Amendment No. 2 to a Contract for Professional Services with Urban Engineering, of Corpus Christi, Texas in the amount of $374,813 for the Downtown Drainage Improvements Project. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute a construction contract with Elite Construction Company, of Corpus Christi, Texas in the amount of $309,320 for the Gas Department Building Remodeling, Phase 1 Project. (Attachment # 9) 10. Motion authorizing the City Manager or his designee to execute a construction contract with Progressive Structures, of Corpus Christi, Texas in the amount of $211,750 for the New Ben Garza Park Sports Pavilion and Ben Garza Gym Locker Room Improvements. (Attachment # 10) 11. Motion authorizing the City Manager or his designee to execute Amendment No. 18 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc., of Houston, Texas in an amount not to exceed $40,640 for preparation and revision of bid and contract documents for interior buildout of the Federal Inspection Station and Transportation Security Administration lease space forthe Corpus Christi International Airport Terminal Project. (Attachment # 11) 12. Motion authorizing the City Manager or his designee to execute a Warranty Deed and a Utility Easement with D.H. Braman, et al in the amount of $40,439 for Parcels 5 and 5UE, both parcels being out of Lots 49, 50, 51, and 52 of the Artemus Roberts Subdivision and the Adams, Beaty, and Moulton Survey No. 411, Agenda Regular Council Meeting February 10, 2004 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Abstract 554, located along the west side of McKinzie Road, south of Haven Drive, in connection with the McKinzie Road Street Improvement Project, Haven Drive to South City Limits, Phase 2, Bond Issue 2000. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute Change Order No. 1 with Rycon E & C, LLC, of Kingsville, Texas, in the amount of $82,280 for the Wastewater Clean -Out Installation Program FY 2002-2003. (Attachment # 13) 14. Ordinance appropriating $20,000 from the Port of Corpus Christi into Park Capital Improvement Program Fund No. 3280 for the Bayfront Master Plan; and amending the FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $20,000. (Attachment # 14) 15. First Reading Ordinance - Clarifying the Definition of Well in Section 35-24, Code of Ordinances, City of Corpus Christi. (Attachment # 15) 16. First Reading Ordinance - Authorizing the City Manager or his designee to execute a First Amendment to the Lease Agreement with Great Western Soccer League, a non-profit organization, for the use of Terry and Bobby Labonte Park for its soccer program in consideration of Great Western Soccer League maintaining the premises and improvements. (Attachment # 16) 17. Second Reading Ordinance -Amending Article V, Code of Ethics, Chapter 2, Code of Ordinance, relating to outside employment; and providing for penalties. (First Reading 01/27/04) (Attachment # 17) 18. Resolution authorizing the City Manager or his designee to submit a grant application to the United States Bureau of Reclamation in the amount of $12,100 for technical and financial assistance to develop and implement a Water Management and Conservation Plan, with a City match of $12,100 in the No. 4010 Water Fund, for a total project cost of $24,200. (Attachment # 18) Agenda Regular Council Meeting February 10, 2004 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) (RECESS REGULAR COUNCIL MEETING) MEETING OF CITY CORPORATION: 19. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION: (Attachment # 19) AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE: Tuesday, February 10, 2004 TIME: During the meeting of the City Council beginning at 9:00 a.m. PLACE: City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 1. President Rex Kinnison calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Rex A. Kinnison, President Javier Colmenero, Vice President Brent Chesney Melody Cooper Henry Garrett Bill Kelly Mark Scott Jesse Noyola Samuel L. Neal, Jr. Officers George K. Noe, General Manager Armando Chaps, Secretary Mary Juarez, Asst. Secretary Vacant, Treasurer Constance P. Sanchez, Asst. Treasurer 3. Appointment of Treasurer - Cindy O'Brien, Director of Financial Services 4. Approval of Minutes of May 13, 2003. 5. Financial Report. 6. Appointment of Loan Review Committee Members. Agenda Regular Council Meeting February 10, 2004 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Approval of funding for NCCAA in the amount of $279,384 of HOME CHDO Funds. This funding is for down payment and closing costs assistance in the purchase of newly constructed homes for individuals at or below 80% of Area Family Median Income for Phase 1 of Holly Properties. 8. Approval of funding for Terra -Genesis (TG) 303, Inc. aka Casa de Manana Apartments, in the amount of $300,000 of HOME CHDO Funds for renovation of the apartment complex. 9. Approval of funding for Housing Authority of the City of Corpus Christi in the amount of $150,000 of HOME CHDO Funds to assist 30 low-income residents of Corpus Christi to compliment their Section 8 Homeownership Program. 10. Approval of funding for Merced Housing in the amount of $433,750 of HOME CHDO Funds for land acquisition and design for a proposed 204 -unit development in the Northwest area of Corpus Christi at McKinzie Road and Carbon Plant Road. 11. Public Comment. 12. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) J. SPECIAL CONSIDERATION ITEM: 20. Discussion and possible action relating to the City/County Jail Contract. (Attachment # 20) K. PUBLIC HEARINGS: 21.a. Public hearing to consider adopting the revised South Central Area Development Plan; establishing the City's Comprehensive Plan Policies on the downtown, uptown, bayfront, bayfront arts and science park and surrounding areas for protection of the Agenda Regular Council Meeting February 10,2004 Page 8 21.b. 23. 24. 25. 26. 27. environment, future land use, transportation, public services, and capital improvements; and amending related elements of the Comprehensive Plan including the Urban Transportation Plan. (Attachment # 21) First Reading Ordinance - Amending the Comprehensive Plan of the City of Corpus Christi ("the City") by adopting the revised South Central Area Development Plan; establishing the City's Comprehensive Plan Policies on the downtown, uptown, bayfront, bayfront arts and science park and surrounding areas for protection of the environment, future land use, transportation, public services, and capital improvements; rescinding the South Central Area Development Plan previously approved by Resolution 021169, May 21, 1991 and amended by Ordinance 022166, February 28, 1995; and amending related elements of the Comprehensive Plan including the Urban Transportation Plan. (Attachment # 21 ) ZONING CASES: (NONE) PRESENTATIONS: Public comment will not be solicited on Presentation items. South Texas Military Facilities Task Fome, Gary Bushell (Attachment # 22) Overview ofthe Percent forArt Ordinance. (Attachment # 23) Animal Care Services Update. (Attachment # 24) Council Update on specific Bond Issue 2000 Projects. (Attachment # 25) Results of the 2003 Citizen Satisfaction Survey. (Attachment # 26) Review of Proposed FY 2004 Long-Range Street Projects and Bond 2004 Process. (Attachment # 27) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 10, 2004 Page 9 REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 28. Second Reading Ordinance - Approving the FY 2003-2004 Capital Budget in the amount of $173,624,300. (First Reading - 01/27/04) (Attachment #28) 29.a. Resolution approving the execution of the Business Incentives Agreement between the Corpus Chdsti Business and Job Development Corporation ("Corporation") and A.C. Distribution, Inc. to reimburse A.C. Distribution, Inc. for job training expenses up to $3,700 per new job created; and to create at least fifty new jobs primarily employed to serve a customer base outside a fifty- mile radius of the City. (Attachment # 29) 29.b. Resolution authorizing the City Manager or his designee to execute a Project Agreement with the Corpus Chdsti Business and Job Development Corporation ("Corporation") regarding administration of the Business Incentives Agreement between the Corporation and A.C. Distribution, Inc. (Attachment # 29) 30.a. Motion to amend prior to second reading an ordinance amending the Code of Ordinances, Chapter 24, Human Relations, by adding Article V, Discrimination Against Individuals With Disabilities, establishing procedure and implementation; providing publication; providing for penalties, by substituting in its entirety; An ordinance amending Sections 24-2, 24-4, 24-20, 24-21,24-22, and 24-25 of the Code of Ordinances, City of Corpus Chdsti, by adding a member to the Human Relations Commission, adding persons with disabilities to the classes of persons protected by Chapter 24, Code of Ordinances, and clarifying the penalty provisions; and by adding Article V, Discrimination Against Individuals With Disabilities, Chapter 24, Human Relations establishing procedure and implementation; and providing for penalties. (Attachment # 30) 30.b. Second Reading Ordinance- Amending the Code of Ordinances, Chapter 24, Human Relations by adding Article V, Discrimination Against Individuals with Disabilities, establishing procedure and implementation and providing for penalties. (First Reading - 07/22/03) (Attachment # 30) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 10, 2004 Page 10 N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE P= COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN 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 inglOs es limitado, habr~ un intOrprete inglOs-espa[~ol en la reunion de la junta para ayudade. PER CITY COUNCIL 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. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during 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. 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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Febmary 10,2004 Page 11 31. 32. 33. Q. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance ~_..~,City Hall, 1201. Leopard Street, at c~;E>(~ p.m., ~"L~c~ v'v (z~ ,2004. Armando Chapa City Secretary CiTY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) NOTE: 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. 1 PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 27, 2004 - 9:08 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend E.F. Bennett and the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of January 20, 2004. A motion was made and passed to approve the minutes as presented. Council Member Kinnison requested that the Council allow today's minutes to reflect that he felt he had erred in his vote on Item 27 at the January 20, 2004 meeting regarding the case management services contract for workers' compensation. Mr. Kinnison stated that, in hindsight, he felt he should have voted "No" on Item 27, and asked that it be duly noted. Mayor Neal called for consideration of the consent agenda (Items 2-5). City Secretary Chapa announced that Council Member Chesney was abstaining from the vote and discussion on Item 4. Council Member Scott requested that Item 5 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 2 through 5, constituting the consent agenda, except for Item 4, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 27, 2004 - Page 2 MOTION NO. 2004-033 Motion approving supply agreements for vehicle and equipment tires and tubes in accordance with Bid Invitation No. BI-0022-04 with the following companies for the following amounts. Awards are based on low bid and only bid, for multiple progressive awards for a total estimated annual expenditure of $521,556.62. The term of the contracts 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 Maintenance Services, Aviation, Emergency Medical Services, and the Fire Department in FY 2003-2004. A to Z Tire and Battery Corpus Christi, TX Items: 1.1-1.3, 1.8, 1.10, 1.13, 1.14, 1.16-1.18,4.1,5.1-5.17, 6.1-6.3,7.1-7.4,8.1-8.2,9.1- 9.4, 10.1 $433,149.85 Goodyear Tire & Rubber Co. Corpus Christi, TX Items: 1.4-1.7, 1.9, 1.11, 1.12, 1.19, 2.1-2.3, 3.1 $88,406.77 Grand Total: $521,566.62 The foregoing motion was passed and approved with the following vote: Neai, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". MOTION NO. 2004-034 Motion approving a supply agreement with Envirosolve, of Tulsa, Oklahoma for the collection, transportation, and disposal of household hazardous waste in accordance with Request for Proposal No. BI-0013-04 for an estimated three-year expenditure of $333,058. The term of the contract will be for three years, subject to annual appropriations, with an option to extend the contract 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 the Storm Water Department in FY 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting January 27, 2004 - Page 3 4. MOTION NO. 2004-035 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Jesus A. Lopez and wife, Blanca Lopez in the amount of $20,000 plus $1,000 in closing costs and an additional amount not to exceed $22,500 for relocation assistance in connection with a replacement dwelling, all for the purchase of fee simple property fights for Parcel 3, being all of Lots 10 and 11, Block 4, H. E. Luter Partition, with street address of 422 Eighteenth Street, necessary for the Garcia Arts Center Area Street Improvements, Phase 2. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney abstained. Mayor Neal opened discussion on Item 5 regarding federal highways in Texas. Council Member Scott asked if the city was monitoring the progress of the Transportation Reauthorization Bill. Mayor Neal stated that, per his meeting with them last week, Senator Comyn, Senator Hutchison and Congressman Ortiz were sponsoring legislation to ensure that Texas would receive its fair share of highway funding. He said Mr. Larry Myers, the city's Washington D.C. lobbyist, was closely monitoring the reauthorization bill. Mr. Scott commented that it was important to include language in the bill funding international transportation corridors. Mayor Neal agreed, and said this should be clarified with Mr. Myers. 5. RESOLUTION NO. 025641 Resolution supporting a fair share for federal highways in Texas. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to the presentations on the day's agenda. The first presentation was a quarterly update from Work-Force 1. Ms. Irma Caballero, Chairperson of the Work-Force 1 Board, provided an overview of the presentation as follows: labor market information; customer service levels; follow-up on initiatives discussed last quarter; and follow-up information requested at the last quarterly presentation. She stated that there were presently two city-appointed vacancies on the board. She also explained that there were new contracting guidelines being reviewed by the state which would affect the way Work-Force 1 procures services. She said the new guidelines would be received in March. She noted that Work-Force 1 was preparing to procure services for $12 million in early March. Mr. Oscar Martinez, President and CEO of Work-Force 1, provided information on the labor market in the area. He said the 2003 annual unemployment rate was 6.5 percent, compared with 5.3 percent in the state and 4.94 percent nationally. He compared Nueces County with four other urban areas in South Texas (Cameron, Hidalgo, Victoria and Webb counties) in terms of labor market growth over the last five years, and noted that Nueces County had only grown one percent, the lowest of the five areas. He also compared unemployment rates among the five urban areas, and concluded that Nueces County consistently had the fourth lowest unemployment rate. Minutes - Regular Council Meeting January 27, 2004 - Page 4 Mr. Martinez provided an update on current year service levels. He provided the following statistics on the total Work-Force 1 customers seeking services between July 1, 2003 to December 31, 2003: Childeare - 6,365; Welfare Reform - 5,788; Adult - 1,552; Youth - 899; and Employment Services - 23,590. He said employment services constituted 62 percent of the services they provide. Thus, he said one of Work-Force l's primary initiatives should be working with employers to develop jobs and match individuals with those opportunities. Mr. Martinez compared job vacancies in the area with jobs filled in the area from July 1 through November 30, 2003. He said there were 3,924job vacancies during this period and 1,894 jobs filled. He pointed out that many of the jobs being created were in the service and construction industry, and the number of jobs filled was about equal with the creation rate. By contrast, Mr. Martinez said there was a gap in professional, managerial and clerical positions, saying that jobs were being created but not filled at capacity. Mr. Martinez provided an update on current Work-Force 1 initiatives. Regarding the youth mentoring program initiative, he said two contracts have been executed to recruit 400-500 mentors to mentor 345 youth. He said the initiative to conduct economic and labor market analysis for businesses initiative had resulted in a monthly newsletter, a data analysis contract with Texas A&M- Corpus Christi and procurement of an industry cluster analysis. Regarding the initiative to contract training funds directly to businesses to improve productivity, wage levels and job retention, Mr. Martinez said seven contracts have been executed with employers to train 614 workers. He said an initiative to upgrade their facilities infrastructure would result in new buildings in Beeville and Falfurrias. He stated that Work-Force 1 was preparing to implement pilot drug testing for job seekers referred to employers to fulfill another initiative. Work-Force 1 had held four rural strategy sessions and was planning one urban session on February 4 to further the initiative to develop a region-wide literacy strategy. Regarding the initiative to develop a business service team at each Workforce Center, Mr. Martinez said 618 employers are under contract since September I and 659 employees have used the workforce system. He said 1,101 job vacancies have been filled as a result. Mr. Martinez also stated that Work-Force 1 is working with Port employers to develop an integrated program for youth. Mr. Martinez discussed efforts to aggressively search for grant funds to support community needs. He said Work-Force l's grant writing efforts had benefitted Habitat for Hamanity, Coastal Bend Youth City, Mission 911, Neighborhood Visions and the Nueces County Community Action Agency, among others. Mr. Martinez said a marketing contract has been executed and a strategic session has been planned to market of the Workforce Development System to community leaders, businesses and job seekers. Finally, Mr. Martinez said the initiative to continue privatization of services historically operated by government has resulted in bids for a workforce center management company, to be released in February. Mr. Martinez discussed a series of new Work-Force 1 initiatives. He mentioned a job search assistance program for the homeless population that consisted of twenty voice mail boxes available through Work-Force l's workforce center system. He said the voice mail boxes would allow homeless job seekers served by Metro Ministries to maintain contact with potential employers. Mr. Martinez noted that Work-Force 1 had been selected by the Texas Workforce Commission to serve as one of only three sites in the state to pilot implementation ora system of integration ofworkforce services in our existing workforce centers. He said the integration effort may promote a more Minutes - Regular Council Meeting January 27, 2004 - Page 5 efficient and seamless delivery of services to workforee customers in the Coastal Bend area and across the state. Mr. Martinez reported that Work-Fome 1 had applied for and was awarded an $110,000 grant for apprenticeship training in the local area. He said apprenticeship training services will be delivered by the following agencies: Texas Gulf Coast Electrical Union Apprenticeship Committee; Associated General Contractors; Coastal Bend Associated Building and Contractors Apprenticeship Program; and the Corpus Christi Air Conditioning & Plumbing Contractors Association. Finally, Mr. Martinez reported that Work-Foree 1 will begin distributing a State of the Workforee Report in approximately 60 days. The report will present data and information relevant to the quality of the local workfome and stimulate decision making to improve the region's economic competitiveness. Council Member Scott commented that the Regional Economic Development Corporation has said that the Corpus Christi area has a problem with underemployment. He asked if Work-Force 1 had also identified this problem. Mr. Martinez replied that the lack of growth in the area's labor market could result in an underemployment problem. He said individuals who are not able to find employment at a level in which they are qualified for in pay or skill would probably leave the area. Council Member Scott said he understood there was a problem filling blue collar positions in manufacturing and the Port industries. Mr. Martinez agreed, saying that the workforce in these sectors was aging, yet the youth in the area either were unaware of the opportunities or were not interested. Ms. Caballero added that her company's experience has been that there were few qualified candidates for job openings in the port industries because the jobs required extensive computer and technical skills. Finally, Mr. Scott mentioned that Ms. Sally Shipman, a homelessness issues advocate, said that as community, Corpus Christi has not taken advantage of grants addressing homeless issues. He said he would provide Work-Force 1 with her contact information. Mr. Martinez provided a report on information requested at the last quarterly presentation. He stated that the number of welfare recipients in Nueces County has decreased from 5,000 in 2001 to 3,000 in 2003. Mayor Neal asked ifa disproportionate share of these welfare recipients were also unemployed. Mr. Martinez answered affirmatively. Mr. Martinez provided a number of characteristics of the customers served by workforce. He said the majority of their customers had only a high school degree (55 percent), were between 22 to 54 years of age (71 percent), and were female (77 percent). Mayor Neal commented that this would explain why jobs in manufacturing and the Port industries were difficult to fill. He asked Mr. Martinez to provide information on their male customers, constituting 23 percent, because they would be the labor force potentially filling the manufacturing and refining jobs. Mayor Neal thanked Ms. Caballero, Mr. Martinez, and City Secretary Chapa for their efforts in improving Work-Force 1. Mayor Neal referred to Item 7, a presentation on the park improvement plan for Dan Whitworth Park. Mr. David Ondrias, Acting Director of the Park and Recreation Department, introduced Mr. Chuck Anastos, a local architect and community volunteer, who would be making the presentation. Mr. Anastos described the plans in detail. He said the total estimated construction Minutes - Regular Council Meeting January 27, 2004 - Page 6 cost for the project was $150,000 and would take approximately 90 days to complete. He said he hoped to have the funds raised and construction underway in the next 30 to 45 days. He said many members had already committed funds and/or services for the project, a tribute to Mr. Whitworth. He thanked Mr. Tony Thomasson with BHP Engineering for providing a computerized fly-through for the Council's review. Mayor Neal thanked Mr. Anastos and staff for their work. Mayor Neal referred to Item 8, an update on the city/county jail contract negotiations. Chief of Police Pete Alvarez Jr. provided a brief history on negotiations to date. He said jail consolidation began on September 17, 1991. As part of those negotiations, ChiefAlvarez said the county agreed to provide for booking of city Class C prisoners, totaling an average of 12,000 prisoners per year. He said there was a provision in the contract asking the city to reduce the number of prisoners as much as possible. He stated that in 2003, a total of 5,149 Class C prisoners were booked, a significant reduction. He said the city agreed to pay $275,000 in annual costs by October 1, as well as staff the Intake Identification Unit. He said the contract provided for a review of costs by a committee of city and county representatives. ChiefAlvarez stated that on August 7, 2003, County Judge Terry Shamsie sent a letter to the City Manager requesting the appointment ora committee to conduct a cost review. On August 13, County Attorney Laura Jimenez sent a letter to the City Manager providing one-year notice of termination of the j ail contract, effective September 12, 2004. ChiefAlvarez provided information on the Cost Review Committee. He said the committee consisted of three city employees and six county employees. He stated that the committee had met on October 30, November 6 and November 20, and January 15. Chief Alvarez provided an update on the negotiations to date. He said the county had requested $2,000,000 with an annual increase based on the Consumer Price Index (CPI), with the understanding that the county would assume the management of the Intake Identification Section and all duties and responsibilities. Chief Alvarez said the city countered with the current annual figure of $275,000 with an annual increase based on the CPI. On January 15, City Manager Noe made a counter proposal to the committee. The proposal consisted of $393,000, derived by adding the CPI since 1991 to the original contract amount of $275,000. He said the city agreed to consider allowing the county to assume management of the Intake ID employees, provided the level of benefits and the quality of identification work remained the same. Chief Alvarez reviewed the existing agreement. He said the city's annual contractual obligation was $275,000. He said the city operated the Intake Identification Unit, comprised of 13 employees responsible for photographing, fingerprinting, and verifying identification of all prisoners for all agencies. He said the city's annual cost for operating the Intake Identification Unit was $509,151. ChiefAlvarez stated that the city provided a part-time magistrate for weekend processing at an annual cost of $13,134. Thus, he said the city's total annual obligation for use of the county jail was $797,285. ChiefAlvarez discussed the Sheriff's legal obligations with regard to prisoners. He said the County Commissioners' Court was charged with the legal duty to provide a safe and suitable jail for the county, and the shefiffwas the keeper of the jail. The sheriffhad the legal duty to confine all prisoners committed to the jail by a lawful authority in the county, including paying for their Minutes - Regular Council Meeting January 27, 2004 - Page 7 maintenance and housing. He stated that an arresting agency, like the Corpus Christi Police Department, is responsible for those people it arrests until they have been seen by a magistrate and ordered commitment. Once the order of commitment is signed, the responsibility for that prisoner immediately devolves upon the sheriffand the county. ChiefAlvarez provided a series of recommendations and proposals regarding the city/county jail contract negotiations. The first recommendation was to establish a central magistration center to allow for the timely magistration of prisoners arrested by the Corpus Christi Police Department. Second, the establishment of a temporary detention facility was proposed to hold people arrested by city law enforcement officers and provide for their magistration and order for commitment by city magistrates. Chief Alvarez explained that the intent is not to create a new city jail, but to establish a facility limited in scope and duration to holding detainees for a maximum of 12 hours, until they can be magistrated in a timely manner. Finally, ChiefAlvarez said the responsibility for the prisoners would immediately shift to the Sheriff, and the prisoners would be transported to the county jail for confinement. ChiefAlvarez provided information on the proposed detention facility. He said the detention facility would be located on the first floor of the Police Department. He stated that the existing property room would be converted into the detention facility, relocating the property warehouse to the Washington School. He said additional detention personnel would need to be hired to staffthe facility, including nine employees (2 positions per shift for a 24/7 operation). In addition, Chief Alvarez said a supervisor, a police lieutenant, would need to be assigned to oversee the facility. In sum, Chief Alvarez said the total cost would be $976,540, consisting of a recurring fee of $433,540 and a one-time fee of $543,000 for construction and renovation. ChiefAlvarez provided information on the proposed Central Magistration Center. He said the Magistration Center would be located in the aforementioned Detention Facility. He stated that the facility would operate 24 hours a day, seven days a week. To operate the facility on this type of schedule, he said five full-time judges and a number of part-time judges would need to be hired. He said additional staff would be needed to process paperwork. He said a video link and fax for judges would be needed for after hours magistration. Chief Alvarez said the total cost for the Central Magistration Facility would be $406,414, comprised of a recurring cost of $381,589 and a one-time cost of $24,825. ChiefAlvarez reviewed the total cost of operations for both facilities. He said in Year One, the total cost would be $1,821,389. The cost would decrease in Year Two to $1,253,564. Chief Alvarez said the Police Department's existing budget for FY 03-04 was $797,285. Thus, he said in Year One, the Police Department would need an additional $1,024,104 to operate the facilities. In Year Two, Chief Alvarez stated that an additional $456,279 would be needed. Chief Alvarez reviewed the implementation timeline for the project, including the construction schedule. He provided the following timeline: January 22, 2004 - Begin Design Phase; February 6, 2004 - 60 percent submittal; February 11, 2004 - City review; March 10, 2004 - Final submittal; March 15 & 22, 2004 - Advertise for bids; March 31, 2004 - Pre-Bid conference; April 7, 2004 - Receive bids; May 3, 2004 - Begin construction; and August 31, 2004 - Construction completion. Chief Alvarez also noted that the process for hiring personnel was scheduled to begin on May 1 for part-time judges and detention personnel. He said it was estimated to take three to four Minutes - Regular Council Meeting January 27, 2004 - Page 8 months to complete. Mayor Neal asked how the city had arrived at the $275,000 in the original 1991 contract. Ms. Pat Eldridge, Administrative Assistant with the Police Department, replied that the figure was derived from the U.S. Marshall's formula at that time, which was $40 a day. She said the average number of prisoners was 12,000 at that time, but the majority of their prisoners were jailed for Class C misdemeanors which required only a half day's stay. Mayor Neal asked what the U.S. Marshall's formula was now. Ms. Eldridge stated that the rate was $49. Mayor Neal noted that the current number of city prisoners in the jail was closer to 5,000. Thus, he said that one could argue that the county owed the city $125,000. Mayor Neal pointed out that the city was also processing the intake of all 24,000 prisoners in the county jail, regardless of which arresting agency had them committed. Since the city had approximately 11,766 prisoners in the county jail, Mayor Neal stated that it could be argued that the county owed the city approximately $250,000 (half of the city's cost for operating the intake i.d. unit). Thus, the Mayor concluded that it could be argued that the county owed the city approximately $400,000. Mayor Neal said his point was that the city was not underpaying the county for services received for the jail. Mayor Neal said the city had entered into good faith negotiations with the committee to no avail. Thus, he said the city should present their offer directly to Commissioners' Court for an answer. Council Member Chesney stated that if the city's only responsibility by law was magistration of its offenders, then in his opinion the city should only provide the county the cost for magistration. He asked if the county had justified why they were asking for the $2,000,000. Assistant Chief of Police K.A. Bung replied that the county had provided a document listing their jail operating costs, and suggested that the city base their costs on relative use. He said the county stated that the cost to operate the jail was $18 million. Other than this information, Assistant Chief Bung said they had been provided no other justification. Council Member Chesney asked if there had been any inquiry into the efficiency of Nueces County's jail operations. Assistant Chief Bung replied negatively. Ms. Eldridge added that she had specifically asked the committee to justify the $2,000,000 cost, and had not received a response. Mr. Chesney inquired about the cost to hire judges for the magistration. Municipal Court Judge Rodolfo Tamez said the plan was to promote the current part-time judge to full-time status. As a full-time judge, her salary would increase from $15,000 currently to $105,681 for full-time status, a net amount of approximately $90,000. He also recommended a pay increase and benefits of $30,000 per judge and Presiding Judge to compensate for the added duties as well as being on call from 6:00 p.m. to 8:00 a.m. on weekdays. In addition, Judge Tamez said it was being recommended that additional part-time judges be hired to be on site at the detention facility in 12 hour shifts. He said this would equate to 60 hours at $25 per hour, or $93,132. Mr. Chesney questioned whether these increases were necessary. He asked if the process could be re-examined to reduce the costs. Mr. Kinnison asked how many other cities operate detention facilities. City Manager Noe replied that San Antonio had a similar facility because of a conflict they had with Bexar County over the cost of providing jail services. Judge Tamez added that San Antonio had hired three full-time judges to work Monday through Friday for 40 hours a week and had hired part-time judges to handle magistration during the weekends. Mr. Kinnison said he understood San Antonio also had medical costs incurred for personnel at their facility. Assistant Chief Bung replied that San Antonio had nurses on staff in their facility in the event that an individual would need medical attention during Minutes - Regular Council Meeting January 27, 2004 - Page 9 the magistration process. Mr. Kinnison asked why the city's proposal did not include medical costs. Assistant Chief Bung said that currently if a prisoner needed medical attention, they were taken to the hospital, and were not jailed until cleared by the hospital. For this reason, he said the proposal did not include a provision for medical staff. ChiefAlvarez added that San Antonio's operation was much larger than the one being proposed for Corpus Christi. Mr. Kinnison stated that he wanted to be sure that the proposed detention and magistration facility was in the public's best interest. He said he hoped that the city had not reached the point where it was planning the facility because it was the easiest answer to the situation. He said he wanted the city to have a good grasp of how much more money they were going to be asking from the Corpus Christi taxpayers. He also said that the city should present their offer directly to the Commissioners' Court as soon as possible. He said if they did not respond immediately, then the city should move forward with its plans. Council Member Chesney agreed. Mr. Colmenero asked if the city would be incurring more risk by operating these facilities. City Manager Noe replied that there was no question that the city would be incurring more risk by entertaining this operation. He noted that San Antonio's experience has been positive because it has not incurred any lawsuits. He said he hoped the city could match their record. Council Member Kelly stated that, in his estimation, the magistration issue could provide a win-win situation for the city and the county by applying some creative solutions. He said it appeared that the city could provide magistration at the jail in a more cost-effective manner than the county currently was. He said the city's judges do not make as much as the county's judges do. He said that since the county already complied withj ail requirements, they were not required to provide magistration services 24 hours a day, seven days a week. However, since they do not magistrate prisoners 24 hours a day, their prisoners remain in the jail longer, eliminating an opportunity for an additional revenue stream by bringing in more federal prisoners. Thus, he said if the city were to provide magistration at the jail on a 24 hour/seven days a week basis, then this would create efficiencies for both the city and the county. Mr. Kelly said he had brought these issues before the County Judge and representatives of the county but had not received a response. He asked if these issues had been raised in committee. City Manager Noe replied negatively, saying the discussion was strictly based on payment for jail services. Mr. Kelly said he was in favor of approaching the Commissioners' Court directly with the city's offer, but added that he would like to see a discussion of how to create more efficiencies in the jail operation. Council Member Cooper asked who was liable for the prisoners during transport from the city's facility to the county jail. Chief Alvarez replied that the city was liable until the prisoners arrived at the jail. Ms. Cooper said she was in favor of approaching the Commissioners' Court with the city's best offer. She hoped it was clear to the citizens that the city was not trying to create a new project for the taxpayers to fund; rather, the city was being put into this position forcibly by the county. Mr. Scott stated that he supported having Mayor Neal send a letter to the County Judge and the Commissioners' Court presenting the city's best offer and asking for a response. He said he was disappointed by the county's position in this matter. Mr. Garrett also spoke in support of having Mayor Neal sending letters to the County Judge Minutes - Regular Council Meeting January 27, 2004 - Page 10 and the Commissioners' Court regarding this issue, l~{r. Garrett said he was involved in the 1991 jail contract negotiations and he remembered clearly that the community at that time wanted the city and county to eliminate duplication in services. He said he was disappointed that the community would be taking a step backwards if the negotiations failed. Mr. Noyola also spoke in support of a letter from Mayor Neal to the County Judge and Commissioners' Court. He expressed his frustration about the current situation, and encouraged the county to do the right thing for the sake of the city and county taxpayers. Mayor Neal asked how the city would fund the proposed projects. Assistant City Manager Mark McDaniel stated that it was not certain at this time. He imagined the funds would come out of the general fund. He said the cost would probably translate to an increase in the tax rate to cover the cost. Mayor Neal commented that if the Council was to move forward on these recommendations, the Council would need a definite amount that the city would be willing to offer the county in addition to what it is already paying. Mr. Kelly stated that instead of offering additional money, he would recommend taking over the magistration of all prisoners during the week while maintaining the city's current level of services. Mr. Noyola suggested that the city could offer the county several options, including the city's initial offer of an additional $225,000 or Mr. Kelly's idea of offering expanded magistration services. Mayor Neal asked Judge Tamez if the expanded magistration services could be offered within the $225,000 range. Judge Tamez replied that he would need to do additional research on the matter before he could answer. Mayor Neal stated that the majority of the Council wished to send a letter to Commissioners' Court, but asked for additional information on alternatives to be presented in the first meeting in February. Mayor Neal called for a brief recess. The Council returned fi.om recess, and Mayor Neal called for petitions fi'om the audience. Ms. Priscilla Leal spoke regarding drainage and sidewalk improvements to the Sunnybrook/Manshiem area. Mr. Phil Rosenstein, 949 Bobalo, commended the City/County Health Department for providing flu shots to senior citizens. Mr. J.E. O'Brien, 4130 Pompano, spoke regarding the city's submission of the Comprehensive Annual Financial Report. Mr. Sirfi.ederickvonking VII, 905 Cleveland Street//4, spoke regarding documents he had left in the City Secretary's Office. Mr. Roland Garza spoke regarding drainage and sidewalk improvements to the Sunnybrook/Manshiem area and dues check-offs. Mayor Neal referred to Item 9, a presentation on Downtown Drainage Improvements. City Manager Noe said that before the Council engaged in a discussion on proposed storm water projects and the capital budget, staff wanted to provide an update on the Downtown Drainage Project. Mr. Larry Urban with Urban Engineering said that his firm had created a mathematical model to help understand and predict the drainage problems in the downtown area. He said the purpose of the model was to correlate information fi.om known storms, and then nm theoretical storms to identify problem areas. Minutes - Regular Council Meeting January 27, 2004 - Page 11 He said there were two pump stations that pumped water out of the downtown area. He stated that the Power Street Station, located at the comer of Water Street and Power Street, had a capacity of 500 cubic feet per second (CFS). He said the second pump station was the Kinney Street Pump Station, located at Kinney and Water Streets, with a capacity of 167 cubic feet per second (CFS). He said a small amount of water was drained through gravity pipes through the seawall, but these flapgates were closed when the tide came up. Mr. Urban said the model showed some surprising results. He said the presumption was that water in the John Sartain drainage basins terminated in Blucher Park, which had two seven-by-six foot boxes that went down the old Blucher Arroyo and into the John Sartain box. He said the John Sartain box was only 108-inch diameter equivalent. He said when the pump stations were initially designed, the city was much smaller and less developed. He said the city had little or no underground storm drainage piping. He said they were designed for lower levels of protection, perhaps a five-year to twenty-year storm, instead of the 100-year storm that this project anticipates. He said the city has grown to the point where the pump stations are not enough. He said it has become evident that the city does not have a downtown or Water Street area drainage problem; rather, it is a regional drainage problem that affects a large portion of the city. He said the resultant water flows end up in the downtown area. Mr. Urban discussed problems in the Power Street area. He said the Power Street pump station was substantially overwhelmed during heavy rainfalls. Instead of handling 500 CFS as designed, Mr. Urban said the Power Street Pump Station was processing closer to 2,000 CFS. Thus, Mr. Urban said it was anticipated that the solution would be to diminish the load on the Power Street Station to 500 CFS or less. Mr. Urban said a pump station with approximately 1,200 CFS capacity was being proposed for the intersection of Hirsch and Chaparral, one of the lowest areas in the city, to accomplish this. Mr. Urban discussed the main focus of their study, the Kinney Street and Blucher Park area. He said the area had two seven-by-six boxes leading out of the park and joining the John Sartain box. He said the water would then drain to the bay by gravity. Unfortunately, Mr. Urban said there were more pipes coming into the park then going out. Consequently, Mr. Urban said that when a heavy rainfall saturates Blucher Park, the water spills to Tancahua Street and flows to the Holmgren Center. He said the water proceeds to Mesquite Street, and the flow then splits. He said part of the flow goes to A.R. Schindel Company and the other part flows to Williams Street. He said the water was flowing into Williams Street at a rate of 200 CFS. Mr. Urban reviewed the proposed Downtown Drainage Improvements. He said the proposed improvements would be made in two phases. He said the flint phase consisted of three improvements. The first improvemen~ was installing a large concrete box near the intersection of Water Street and Williams Street and ending at the Kinney Street pump station. He said it would have a capacity of 150 CFS, which would reroute that amount of water from the Power Street pump station. The second improvement would expand the capacity of the Kinney Street pump station. The third improvement would increase the size of the discharge line from the Kinney Street pump station out to the seawall. Mr. Urban reviewed the proposed Phase 2 Downtown Drainage project improvements. He said the plan would consist of four steps. The first step would be to construct a balustrade along Minutes - Regular Council Meeting January 27, 2004 - Page 12 Tancahua Street in Blucher Park. He said the second step was to construct a relief line on top of the existing Blucher Arroyo boxes. The third step was to construct another relief line from Chaparral to Water Street. Finally, the fourth step was to construct an Agnes Street box. Mr. Urban explained that in the area being addressed by Phase 1 and Phase 2 of the proposed project, there could be flows of 1,500 CFS. He said most of this water has been going to the Kinney Street Pump Station, with a 167 CFS capacity. He said 695 CFS would be re-routed to the Blucher Box, 460 CFS to the Agnes Box, and 57 CFS routed through gravity lines. He said this let~ a total of 288 CFS that needed to be addressed. Mr. Urban noted that the Water Street box had imported 150 CFS out of the Power Street service area into Kinney Street. Thus, the total to be pumped by the Kinney Station was 438 CFS. He said his firm proposed designing a pump station to handle the 438 CFS. Mr. Urban stated that the proposed improvements for Phase 1 and Phase 2 would cost approximately $13.5 million. He noted that the problem was not isolated to the downtown area; rather, it affected a large portion of the city. City Engineer Angel Escobar stated that the $13.5 million in repairs was being recommended as one of the proposed FY 2004 Storm Water Supplementary Projects. He said the $13.5 million included all of Phase 1 and Phase 2, and a study of the preliminary location and design of the third pump station (Phase 3). Mr. Colmenero asked which areas comprised the John Sartain water basin. City Engineer Escobar replied that the area was bordered by the Crosstown Expressway, Agnes/Laredo, Morgan, Craig and Staples Streets. Mr. Colmenero stated that this would minimize the flooding in the Staples corridor between Agnes and Morgan. City Engineer Escobar agreed. He asked if the improvements would prevent Blucher Park from becoming flooded during heavy rains. Mr. Urban replied that the improvements would not eliminate water from collecting in Blucher Park. However, Mr. Urban said the improvements would greatly reduce the levels of water and the length of time the water remained in the park. Mr. Colmenero asked how long Phase 1 and Phase 2 would take to implement. Mr. Escobar replied that the recommendation was that Phase 1 and Phase 2 be accomplished within the next five years. Council Member Scott spoke in support of the improvement plans. He said the installation of the boxes also provided an opportunity to reconstruct a number of streets in the downtown area. Council Member Kelly observed that even though this plan is called the Downtown Drainage Improvements Plan, the improvements will substantially relieve flooding throughout the central part of the city. Council Member Garrett asked if there were any upgrades planned for the Power Street pump station. Mr. Urban said the Power Street pump station was in good condition and was serving its purpose adequately. He said the intent was for it to remain unchanged. Mayor Neal opened discussion on Item 10a regarding storm drainage projects and Item 10b regarding the capital budget. City Manager Noe stated that a determination needed to be made regarding the specific storm drainage projects to be funded as part of the Capital Improvement Minutes - Regular Council Meeting January 27, 2004 - Page 13 Program (CIP). He said this determination would affect the adoption of this year's CIP. Assistant City Manager McDaniel stated that the proposed FY 2004 Capital Budget totaled $173,624,300 and is categorized in the following summary: Airport - $36,854,100; Park and Recreation - $630,600; Public Facilities - $21,980,000; Public Health & Safety - $27,465,700; Streets - $8,137,400; Gas - $1,608,500; Storm Water- $35,050,000; Wastewater o $20,247,000; Water- $15,280,000; and Water Supply - $6,371,000. Mr. McDaniel provided a brief summary on the five-year funding plan for storm water capital projects. He said in FY 2003, the Council had authorized $5 million a year to be spent on storm water projects. In FY 2003-2004, the Council asked for more funding for storm water projects, so the funding levels increased an additional $30 million. Thus, the allocation of funds for storm water projects totals $55 million over a five-year period and is reflected in the staff recommendation for storm water candidate projects. Assistant City Manager McDaniel provided a summary of the rate model for the five-year funding period. He said the programmed rate increases over the period were as follows: FY 02-03 - 5 percent; FY 03-04 - 6 percent; FY 04-05 - 5 percent; FY 05-06 - 4.75 percent; and FY 06-07 - 4.75 percent. City Engineer Escobar referred to the Storm Water CIP recommended project listing by category. He also explained the criteria ranking for the project prioritization as follows: 1 - Mandatory (emergency or planned); 2 - Property damage (water in facility); 3 - Safety hazard (repair/replace); 4 - increased system capacity; 5 - Health/vector control (extensive standing water); and 6 - economic development. He said the city had contracted with numerous engineering consultants to assist staffin establishing the scope, magnitude, and approximate cost for the projects. He said the total cost of drainage priced by the consultants was $342,962,995. He said staffasked the consultants to include the cost of any necessary utility adjustments related to the storm water projects. He said staffalso provided an estimated timeline for each project. Mr. Escobar said staff met with the consultants to determine which projects could be completed within the $55 million range. He said staff also determined which projects could be divided into a Phase 1, Phase 2 or Phase 3 approach. He said the first phase of the project would be designed to address critical issues whenever possible, such as water going into homes or businesses. He said problems such as water on the streets would not be minimized until all phases of the project were complete. Mr. Escobar stated the preliminary engineering and design had already been completed on a number of projects. A discussion ensued over how best to distribute the projects throughout the city. Council Member Kinnison noted that out of the $55 million budgeted over five years for the projects, only $40 million is available in FY 2003-04. City Manager Noe added that the city was already halfway through this fiscal year, so the next $5 million increment would soon be available. Thus, the city really had $45 million to use for capital projects. Council Member Kinnison asked what comprised the "Other" category for funding on the proposed list. City Engineer Escobar replied that the "Other" category consisted of CDBG funds. Mr. Kinnison observed that the project list the Council approved today would have implications on which projects needed to appear on the Bond 2004 list. City Manager Noe agreed, noting that a number of projects had significant street reconstruction for which the city had no other funding source other than a future bond issue or CDBG. He said the Council would be discussing Bond Minutes - Regular Council Meeting January 27, 2004 - Page 14 2004 proposed projects at the February 10 meeting. Mr. Kinnison also asked that if the city was using CDBG funding to fund significant projects, then it was important to know what impact this would have on other funding requests. Ma'. Noyola stated that he was glad to see the Sunnybrook//Vlanshiem drainage improvements project was being recommended. He asked if any of the projects that were not recommended could be funded through Bond 2004. City Manager Noe replied that Bond 2004 could be a funding option, but the Council might first want to discuss funding strategies beyond the current five-year schedule. Assistant City Manager Ron Massey also said the local ability to contract work over time needed to be taken into account. Mr. Escobar added that another consideration would to space out the work on major collectors in one area to prevent problems. Council Member Colmenero asked how the city would schedule the work to minimize the stress on the local contracting community. Assistant City Manager Massey stated that staff has had a number of preliminary discussions with the Major Projects Advisory Committee asking the contractors to determine their work capacity. Mr. Escobar added that the city has been using more consultants to assist and supplement city staff with scheduling and project management. Mr. Scott observed that the city has never undertaken this many storm water projects in its history ($45 million). He asked that the Category 1 and 2 projects take precedence in the funding. Ma'. Kelly stated that several projects being recommended in his district were being funded for an initial phase. Assistant City Manager Massey replied that the initial phase being recommended would address critical issues first. Mr. Kelly stated that a number of projects on the list were shown as being "Complete". Assistant City Manager Massey said these projects had been completed with the first $5 million in funding. He said the projects were being included on the list to account for them. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 10.b. FIRST READING ORDINANCE Approving the FY 2003-2004 Capital Budget in the amount of $173,624,300. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 11 regarding a contract for the Northside/Port Area Infrastructure Project. City Manager Noe explained that a number of the improvements were related to the area around the baseball stadium site. There were no comments from the audience. Minutes - Regular Council Meeting January 27, 2004 - Page 15 11. MOTION NO. 2004-036 Motion authorizing the City Manager or his designee to execute a consultant contract for engineering services with MEI Govind, Inc., of Corpus Christi, Texas in the amount of $351,021 for the Northside/Port Area Infrastructure Improvement Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 12 regarding the Code of Ethics and outside employment. City Attorney Fischer explained that when a city employee receives outside employment from a business that has dealings with the employee's department, there is a potential for conflict of interest. She said staff was recommending that the Code of Ethics be amended to specifically prohibit such employment relationships to avoid the appearance of impropriety. First Assistant City Attorney Jay Reining added that the issue was raised in the Development Services and Engineering Departments, where a staff engineer may perform windstorm inspections for a developer. The developer may in turn submit infrastructure plans for review by the employee's department, although not necessarily by the same said employee. Mr. Reining said that no ethics violations have been found; rather, this amendment is designed to address the perception of impropriety. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 12. FIRST READING ORDINANCE Amending Article V, Code of Ethics, Chapter 2, Code of Ordinances, relating to outside employment. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 13 regarding the lease for the baseball stadium. City Secretary Chapa announced that Council Member Kelly was abstaining from the vote and discussion on this item. City Manager Noe replied that the lease was with Round Rock Baseball, the entity that officially owns the team in Round Rock. He said the agreement was consistent with the MOU. He said it includes a 15-year base term with two five-year options for renewal. He said the rent in Years 1-5 would total $50,000 per year; Years 6-10 - $60,000 per year; and Years 11-15 - $70,000 per year. He said starting in the option year periods, the rental rate would increase to $80,000 per year plus an annual CPI adjustment. He added that in the option year periods, the Ryans would also be obligated to make a supplemental rent payment to replace money in the capital reserves. He said the capital reserves would be initially pre-funded from the bond sale, maintained through supplemental rents, and adjusted according to the CPI in later option years. He stated that the city will own the base stadium site and will lease the adjacent parking spaces for 1,500 spaces from the Port of Corpus Christi. He said the rent the Port will receive will be from non-baseball related revenues. He said the lease was being developed at the present time. Minutes - Regular Council Meeting January 27, 2004 - Page 16 Mr. Noe provided a schedule for action on the baseball stadium. He said the second reading of the lease was scheduled for consideration on February 24. He said the effective date of the lease was April 25. He said the financing was scheduled to close on April 27. He said the city should close on the port property in late April, and construction should begin in May 2004 and extend through March 2005. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 13. FIRST READING ORDINANCE Authorizing the City Manager to execute a long-term lease with Round Rock Baseball, Inc. to manage and operate a baseball stadium to be constructed by the City, in consideration of the payment of rent and the obligation to have a minor league baseball team affiliated with major league baseball play its home games in the stadium. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Noyola and Scott, voting "Aye"; Kinnison was absent; Kelly abstained. Before the executive sessions, Council Member Chesney made a motion to direct the City Manager to place an item on the February 10 agenda regarding the development of the city's legislative agenda and whether the city needed to hire additional lobbyists. Mr. Scott seconded the motion. Mayor Neal questioned whether this was a timely discussion, because the legislative agenda would not be known until al~er the special session on education. City Secretary Chapa polled the Council for their votes as follows: Chesney, Colmenero, Cooper, Garrett, and Scott, voting "Aye"; Neal, Kelly, Kinnison, and Noyola, voting "No". The motion passed. 14. 15. Mayor Neal announced the executive sessions, which were listed on the agenda as follows: Executive session under Texas Govemment Code Section 551.071 regarding Gloria Cardona, et al vs. Maria Jimenez and the City of Corpus Christi, Cause No. 01-3216-G, in the 319t~ Judicial District Court of Nueces County, Texas, with possible discussion and action related thereto in open session. Executive session under Texas Govemment Code Section 551.074 for deliberations regarding the evaluation of the City Secretary, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: Minutes - Regular Council Meeting January 27, 2004 - Page 17 14. MOTION NO. 2004-037 Authorizing the City Manager to settle Cause No. 01-3216-G; Gloria Cardona, Yolanda Cardona, individually a/n/f of Samantha Bustillos, Brittany Bustillos and Roland Capetillo vs. Maria P. Jimenez City of Corpus Christi, in the 148~h District Court, Nueces County, Texas for the sum of $123,500.00, subject to certification of funds. Mr. Chesney made the foregoing motion, seconded by Mr. Colmenero, and it passed unanimously. 15. MOTION NO. 2004-038 Authorizing a salary increase for the City Secretary to a new level of $92,000 and the payment of five additional days each of vacation and sick leave, based on total annualized salary at the time of termination of employment. Mayor Neal made the foregoing motion, seconded by Mr. Colmenero. The motion passed unanimously. Mr. Chesney made a motion to amend the previous action related to the legislative agenda to change the date from February 10 to the first meeting in April, seconded by Mr. Kelly. Mayor Neal asked if the discussion could be held during the Council Retreat in May instead, since it would be held shortly after this date. Mr. Chesney said he would rather begin the discussion before May, and he also preferred that this be an action item on a council meeting agenda. A discussion ensued about the preferred time to hold the discussion. As a result, Mr. Chesney withdrew his motion to change the discussion to the April meeting. Council Member Scott made a motion to amend the earlier action regarding the legislative agenda discussion to change the date from February 10 to the Council Retreat in May, seconded by Mr. Kinnison. City Secretary Chapa polled the Council for their votes as follows: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison and Scott, voting "Aye"; Noyola and Chesney, voting "No". Mayor Neal called for the City Manager's report. City Manager Noe announced that a [eception would be held tomorrow from 5:00 p.m. to 7:00 p.m. at the Museum of Science and History for City Attorney Mary Kay Fischer. He stated that the following items were scheduled for February 10: preliminary Bond 2004 discussion; Animal Control update; second reading of the Capital Budget; second reading of the anti-discrimination ordinance relating to persons with disabilities; and a presentation on the results of the citizens survey. Mayor Neal called for Council concerns and reports. Mr. Garrett said a number of local roofing contractors had contacted him about an increase in charges for permits. They said that instead of being charged by the dollar amount, they are now being charged by the square footage of the home. City Manager Noe said he would look into it. Mr. Scott asked about the city discontinuing its service to pick-up possum traps for residents. City Manager Noe said staff would be providing an update on Animal Control at the Council's next Minutes - Regular Council Meeting January 27, 2004 - Page 18 meeting. Regarding the previous legislative agenda discussion, Mr. Scott said the city should have more ora lobbying presence at the federal government level. Mr. Scott asked if the public hearing date has been set for the Island Development Plan. City Manager Noe replied that the date for the heating was February 12. Mr. Scott commented that Mr. Dan Alexander, owner of King-Isles Construction, had passed away last weekend. He said it was a big loss to the community, and asked that the city recognize him in some way. Council Member Noyola gave his regrets to City Attorney Fischer, saying he would be out- of-town and unavailable to attend her reception. In response to Mr. Noyola's question, Assistant City Manager Rose replied that she would be meeting with staff at 3:30 p.m. today regarding CHDO. She said an item was being scheduled tentatively for February 10. Mr. Colmenero provided the City Manager with the names of individuals who lived outside of the Neighborhood Improvement Program areas who were requesting assistance in cleaning up their neighborhoods. Mr. Kinnison agreed with Mr. Scott that the city could use more lobbyists in the federal government. However, he disagreed with the idea that city needed more of a lobbying presence in the state legislature. Mr. Kinnison asked for more information on a letter from the U.S. Army Corps of Engineers. City Manager Noe said the letter cautioned that the Corp of Engineers was facing continuing funding issues, in part because the federal budget was not funding the Corps at a preferred level. Mayor Neal added that he, Mr. Larry Myers and Mr. Tom Utter had met with a high-ranking official in the Corps of Engineers to discuss the letter. Mayor Neal said the letter was saying that the Congress had not fully funded the Corps of Engineers. He said Senator Hutchison's office has committed to working with the Corps to assist them in other funding areas as long as they continue to fund existing projects. He said Senator Comyn and U.S. Representative Ortiz also support this effort. Mayor Neal also commented that the city is concerned about water issues and has emphasized this point to Lt. Governor Dewhurst. He said Lt. Gov. Dewhurst reassured Mayor Neal and staffthat the ongoing studies were not meant to penalize the city. He said Senator Hinojosa and State Representative Luna were also ready to defend the city's water rights. Mr. Colmenero presented a petition signed by approximately 35 citizens complaining about a noisy bar on McArdle Road. City Manager Noe said he would follow-up on the matter. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 3:05 p.m. on January 27, 2004. 2 CIVIL SERVICE BOARD/COMMISSION - One (1) vacancy with three-year term to 6-15-06. (The City Manager appoints to the Civil Service Commission and the City Council appoints to the Civil Service Board Traditionally, the same member serves on the Board and Commission.) DUTIES: To adopt, amend, and enforce a code of roles and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. COMPOSITION: Three (3) members shall be appointed by the Council for three-year terms or until a successor is named. The members choose their own chairman and appoint a chief examiner, not a member of the Board, who shall also act as secretary. Members receive $5.00 per Board meeting, not to exceed $100.00 per year. MEMBERS *Andrew Lehnnan, Chairperson Erich Wendl Cydney Farrar ORIGINAL TERMS APPTD. DATES 6-15-03 10-14-97 6-15-05 1-14-03 6-15-04 7-18-00 *Has met the six-year limitation and is ineligible for reappointment. (Note: City Manager George K. Noe is recommending the appointment of Leonides G. Bazar to the Civil Service Board.) INDIVIDUALS EXPRESSING INTEREST Leonides G. Bazar Senior HR Manager, Celanese Corporation. Received B.S. in Education fi.om Texas A & I University- Kingsville and M.Ed. from the University of Houston - Victoria Center. Has been involved in the following activities: Calallen I.S.D. Board of Trustees, LULAC National Education Service Center Advisory Board, Boys and Girls Club, Society of Hispanic Engineers Advisory Council and Jr. Achievement Board of Directors.(1-16-04) Robert R. Canales Safety Inspector, Valero Refining. Pursuing M.A. in Public Administration, Texas A & M - Corpus Christi. Member of American Society of Safety Engineers. Served on Planning Commission for four years. (11-01-01) Nicloas Curiel, Jr. John E. Dunn Paul Grivich Chad Luhan Oscar Martinez John Silvas Retired. Received M.B.A. and M.S. in Computer Science. (1-21-04) Retired civil servant (GS 13). Professional and community activities include: Mayor's Council on Senior Citizen Affairs, former member of Park and Recreation Advisory Committee and ACOA member. Special recognition include: Chairman of the Human Relation Council for Defense Communication Agency in Washington, D.C. and President of the National Association of Government Engineers. (7- 21-03) Extensive background in finance, accounting and management. B.S. in Political Science, Sam Houston State University. Activities include: former member of the Board of Adjustment and current member of the Nueces County Tax Appraisal District. (6-05-01) Project Control, Bay Ltd. B.S. in Environmental Biology, Texas A & M University - Corpus Christi. Activities include: Padre Island Business Association and Youth Minister. Former member of C.C. Yes Surfers for Packery Channel and Beautify Corpus Christi. (4-09-03) President/CEO, Coastal Bend Workforce Development Corporation. M.A. in Public Administration, St. Mary's University. Activities include: Education Advisory Council and the Chamber of Commerce. (11-08-02) Human Resources Consultant, Citgo Refining & Chemical. Attended Del Mar College and Monterrey Tech. Activities include: Leadership Corpus Christi Class XXII and Steering Committee XXVIII, Corpus Christi Education Foundation, CLASS Mentoring Program and Padre Little League. (3-22-02) COMMITTEE FOR PERSONS WITH DISABILITIES - Four (4) vacancies with two-year terms to 2-01-06. DUTIES: To carry on a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the city; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. 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 2-01-04 Mary J. Saenz 2-01-05 Brian Watson 2-01-05 *Linda Fallwell-Stover 2-01-04 Roberto M. Flores 2-01-05 *Billy Ray Sayles 2-01-04 *Toni Padilla 2-01-04 Eloy Soza 2-01-05 Glen Ray Tomo 2-01-05 Park & Recreation Director Ex-officio Human Relations Director Ex-officio Building Official Ex-officio 2-27-01 8-21-01 11-11-03 2-27-01 2-27-01 12-11-01 2-27-01 2-27-01 2-27-01 *Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Crystal Lyons 11 11 100% Linda Fallwell-Stover 11 11 100% Billy Ray Sayles 11 11 100% Toni Padilla 11 11 100% Robert A. Bangham Clifford E. Bost Johnette B. Cook Irene Chavez Gonzalo "Gonzo" Gonzalez Janet K. Henry 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 Orthotics and Prosthetics. (1-24-02) 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. (8-05-02) Director of Personnel and Safety, Westem Steel Company. Bachelor's in Social Work/Certification for Teaching (Secondary English). Activities include: Corpus Christi Human Resource Managers, Executive Women International, and Family Outreach Corpus Christi. (2-03-03) 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. (6-04-02) 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. (8-16-01) Psychotherapist. Holds a Master of Arts degree. Active with the Karen E. Henry Foundation and Housing for Persons with Disabilities. Past President of Brain Injuries Association of South Texas. (2-01- oD Mike Patterson 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) Helen Roland Salesperson, Double R. Medical. Attended University of Omaha. Received an award for her work on the Barbara Jordan Award held in Corpus Christi and for her work on the MS Society Walk. (2- 05-01) David D. Russell 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) Henri Mae Tillis Retired. Member of the Senior Companion Program and Church Choir Treasurer. (1-28-04) Curtis Weidner 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) Jack Widder Administrator, APAC. Attended Del Mar College. (S-02-01) LEADERSHIP COMMITTEE FOR SENIOR SERVICES - Ten (10) vacancies with terms to 2-01-05 and 2-01-06 representing the following categories: 1 - RSVP, 2 - Senior Companion Program, 2 - Direct Service Agency, 1- Senior Center and 4 - Community. 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 Program (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 Alan D. Bligh (Community), Chairperson 2-01-05 **H. Rex Amick (Agency), Vice-Chair 2-01-04 Marion Bail (Senior clx.) 2-01-05 **Pauline Johnson (Senior clx.) 2-01-04 Helga Graham (R.S.V.P.) 2-01-05 *Diamantina Cisneros (R.S.V.P.) 2-01-05 **Apolonia Cantu (S.C.P.) 2-01-04 *Hilda Rodriguez (S.C.P.) 2-01-05 Roland Medrano (Agency) 2-01-05 *Juanell Graham (Agency) 2-01-05 ***Gloria Farias (Community) 2-01-04 **Anna Gonzales (Community) 2-01-04 Lucy Johnson (Community) 2-01-05 *Patricia Shufelt (Community) 2-01-04 ***Russell B. Stowers (Community) 2-01-04 ORIGINAL APPTD. DATE 2-12-02 2-12-02 2-12-02 2-12-02 2-11-03 6-11-02 2-12-02 2-11-03 2-12-02 6-11-02 2-12-02 2-12-02 2-12-02 2-12-02 2-12-02 *Resigned **Seeking reappointment ***Not seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR H. Rex Amick(Agency) 10 9 90% Apolonia Canto (SCP) 10 10 100% Anna Gonzales (Comm.) 10 l0 100% Pauline Johnson (Sen. Clx.) 10 9 90% Note: The Leadership Committee for Senior Services is recommending the following appointments: Donna Cisneros (RSVP), Juan Del Bosque (SCP), Lou Trlica (.4gency), Curtis Ford (Community), Barbara Deguzis (Community) and Hope Franklin (Community). OTHER INDIVIDUALS EXPRESSING INTEREST Kevin Betts Executive Director, Trinity Towers Retirement Community. Associate's degree fi.om Columbus State College. Certified Assisted Living Manager in Texas. (Agency) (6-15-01) Donna Marie Cisneros Lab Adjunct, Del Mar College. Member of the Auxilary to the CHRISTUS Spohn Memorial Hospital and nominee for the Jefferson Award. (RSVP) (I-21-04) Barbara A. Deguzis, Ph.D. Consultant/Speaker, Self-Vibrant Maturity. Received a B.A. in Psychology and a Ph.D. in Gerontology. Served on Planning Committee for 2003 Senior Fitness Day, Mayor's Council on Senior Citizens Activities, and Area Agency on Aging - Medical Management Program. (Community) (7-16-03) Juan G. Del Bosque, Jr. Retired, HEB. Member of the Senior Companion Program. Received Service Award for 40 years perfect attendance at work. Currently at Cub Scout Master 177CHK. (Senior Companion Program) (1- 09-04) Curtis Ford Self-employed Realtor. Received J.D. fi.om Coltunbia Southern University. Former State Legislator. (RSVP) (7-14-03) 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) William Koprowski, J.D., Ph.D. Professor & Program Manager of Health Administration, Texas A&M University-Corpus Christi. J.D., University of South Carolina; Ph.D., Temple University, M.S. from University of Southern California; B.A. from 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) Jean Ann Martin 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) Teresa Martinez 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) (1-29- O2) Margaret Palacios Retired. Graduate of Miller High School and attended Del Mar College. Vice-President of AARP (Greenwood chapter). (Community) (11-28-01) Para Stetina Assistant Professor of Nursing, Texas A&M University-Corpus Cin'isti. 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) (12-11-01) Myrtle S. Tabor Retired. Member of Church Women United, United Methodist Women and Senior Ushers. Member of the Oveal Williams Senior Center. (R.S. EP.) (6-06-02) Henri Mae Tillis Retired. Member of the Senior Companion Program and Church Choir Treasurer. (Senior Companion Program) (1-28-04) Lou Trlica Regional Marketing Director, American Medical Home Health. Member of the Mayor's Council on Senior Affairs, TRACM Social Workers, Bee County Westem Week and Bee County Chamber of Commerce. (Agency) (1-19-04) Kathy Turner Marketing Director, Holmgreen Center at Trinity Towers. Received a Master's in Social Work. President of the South Texas Social Work Society. (Agency) (7-17-05) Jerry Wagoner Retired Supertinent, General Motors. Activities include: South Shore Christian Church, Ethel Eyerly Senior Center, mentoring at Kaffie Middle School, Site Council and the Neighborhood Association. (P, SV~) (1-20-04) Julia Whitehurst 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) (l l-07-OD Iris P. Williams 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) (7-31-03) 3 AGENDA MEMORANDUM RECOMMEDATION: Motion approving the purchase of (2) Tractors and (7) Rotary Weed Cutters from Gulf Tractor, of Corpus Christi, Texas, in accordance with Bid Invitation No. BI- 0024-04 based on low bid and low bid meeting specifications in the amount of $109,248. This equipment will be used by the Storm Water and Water Department. Funds have been budgeted by the Maintenance Service Department and the Water Department in FY03-04. One item is an addition to the fleet, the remainder are replacement units. ****************************************************************************** Purpose: The utility tractors will be used to power and pull rotary weed cutters. The rotary cutters will be used for everyday mowing of roadsides, rough terrain and general grounds maintenance by the Storm Water Department. A 15 foot flex wing 3 deck rotary weed cutter will be purchased for the Water Department and is an addition to the fleet. It will be used to cut the grass and weeds around the Wesley Seale Dam. Pricing Analysis: Items 1 & 3 No previous purchase for this configuration and horsepower rating. Item 2 When compared to previous purchase, pricing has increased approximately 2% since the last purchased price of 2002. Bid Invitations issued: Twenty Bids Received: Three Award Basis: Low Bid - Items I & 2 Funding: Low Bid Meeting Specifications - Item 3 Coastal Plains Equipment Co., of Corpus Christi, Texas submitted the apparent low bid for line item 3. However, their offer does not meet specification requirements regarding the size hitch specified. Maintenance Services Department 550020-5110-40120 Water Department 550040-4010-30200 $98,068 11,180 Total $109,248 Micha~rrera, C.P.~. Procurement & General Services Manager BID INVITATION NO: BI -0024-04 UTILITY TRACTORS AND ROTARY WEED CUTTERS BUYER: MICHAEL BARRERA CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION ITEM DESCRIPTION CITY Gulf Tractor Corpus Christi, Tx UNIT TOTAL PRICE PRICE Coastal Plains Equip. Corpus Christi, Tx UNIT TOTAL PRICE PRICE 1 75 PTO hp Utility Tractor with Cab and 2 $32,494.00 $64,988.00 $ 32,997.00 $ 65,994.00 Air Conditioning in accordance with Specification No. 610A 2 15 ft. Flex -wing 3 Deck Rotary Weed Cutter 3 11,180.00 33.540.00 11,797.00 35,391.00 in accordance with Specification No. 445 3 72 inch Rotary Weed Cutter 4 2,680.00 10.720.00 2,637.00 10,548.00 in accordance with Specification No. 418A $109,248.00 $111,933.00 (Coastal Plains Equipment Co., of Corpus Christi, Texas submitted the apparent low bid for line item 3. However, their offer does not (") meet specification requirements regarding the size hitch specified. Luber Bros. Inc. Dallas, Tx UNIT TOTAL PRICE PRICE $32,810.00 $65,620.00 14,300.00 42,900.00 3,210.00 12,840.00 $121,360.00 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of one (1) ambulance from Wheeled Coach, Orlando, Florida based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC) and the lease purchase of Ericsson radios and fire com system from Dailey Wells Communications, Inc., San Antonio, Texas based on sole source for a total amount of $150,364, of which $16,000 has been budgeted in FY03-04. The ambulance will be used by the Fire Department. This unit is a replacement. Financing will be provided through the City's lease/purchase financing program. Wheeled Coach Orlando, Florida Ambulance - $131,945 Dailey-Wells Communications, Inc. San Antonio, Texas Ericsson Radios and Fire Com System - $18,419 Grand Total: $150,364.00 Purpose: Basis of Award: Price Comparison: Funding: The ambulance will be used by the EMS Division of the Fire Department for emergency medical response services. It will be assigned to Fire Station 1. The City currently has twelve ambulances in the fleet with eight operating as front line units, three used for backup during maintenance and repair and one unit in reserve status. The replaced item will be disposed of through standard surplus equipment disposal procedures. This vehicle will be purchased through the cooperative purchasing agreement with the TLGPC. TLGPC is administered by the Texas Association of School Boards (TASB) and co-sponsored by the Texas Municipal League (TML) and the Texas Association of Counties (TAC). TLGPC acts as an independent agency awarding exclusive cooperative purchasing contracts for its members. An additional $800 will be paid to TLGPC as an administration and contracting fee. To complete the unit, custom ericsson radios and a fire com system will be purchased through a sole source service provider. The City purchased a similar ambulance in 2003 for a price of 144,049. The ambulance will be funded through the City's lease/purchase financing agreement for a 60-month period. The estimated interest rate is 2.50%. The actual interest rate will be determined after acceptance of the vehicle. The annual payment is $28,100.16. The 60 months total, including principal of $131,945 and interest of $8,555.80 is $140,500.80. The custom ericsson radios and tim com system will be funded through the City's lease/purchase financing agreement for a 60-month period. The estimated interest rate is 2.50%. The actual interest rate will be determined after acceptance of the radio equipment. The annual payment is $3,922.68. The 60 months total, including principal of $18,419 and interest of $1,194.40 is $19,613.40. As the delivery lead time of the ambulance is estimated at six months, no funds from the current fiscal year are required for this lease purchase. Funds will be requested in subsequent fiscal years during the budget process. Michael Barrera, dd~.M. Procurement & General Services Manager Item 2/10/2004 Ambulance Quantity -1 City of Corpus Christi Purchasing Division Bid Tabulation Description Ambulance 2004 Sedes Freightliner 170X95x72 Custom Erricsson Radios and Fire Com System Wheeled Coach Orlando, Florida Total N/A $1317945 Dailey-Wells Communications, Inc. San Antonio, Texas Total N/A 187419.00 Total Grand Total $131,945.00 $150~364.00 $18,419.00 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: __February 10, 2004___ AGENDA ITEM: Motion authorizing the appointment of an ad hoc peer panel to the Arts and Cultural Commission, consisting of arts professionals and community peers to make recommendation for Baseball Stadium "Percent for Art" Project ISSUE: Ordinance # 19634 stipulates that no city advisory board or committee can appoint persons outside its membership as advisors, or to subcommittees or ad hoc committees without prior approval of the City Council. Therefore, Council approval to appoint the panel is required. REQUIRED COUNCIL ACTION: Approval of Selection Panel PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Arts & Cultural Commission approved the panel at their January 15th meeting. The Commission and City Staff recommend the ad hoc peer panel be approved. David Ondrias, Acting Director Park & Recreation Department Attachments: List of Peer Panel Members Baseball Stadium Peer Panel: Lynda Jones, Chairperson ACC Commissioner Mark Anderson, Arts Professional James Moltz, Arts Professional Veronica Dittman, User (neighborhood) Joel Mumford, Neighborhood (Professor of Art TAMUCC) (Artist and Public School art teacher) (Sports Promoter and enthusiast) (Director of the local NAACP) Background Information The make-up of the art selection panel is directed by policies and guidelines established in the Public Art Ordinance. Two arts professionals, two members of the area/neighborhood where the art will be placed, an Arts and Cultural Commission member, city staff, an architect or designer, related board members and a representative of the department that will receive the artwork is the standard make-up of the panel. The Visual Arts Subcommittee made recommendations to the Arts and Cultural commission of two people that would represent the community and two local art professionals. The ad hoc peer panel members were selected with this recommendation. By ordinance all allocations for funds for City Construction Projects over $50,000 shall include an amount equal to one and one-quarter (1 1/4) percent of the Construction cost, to be used for the selection, acquisition, commissioning, and display of works of art and any other associated costs. 6 CITY COUNCIL AGENDA MEMORANDUM Date: 01/07/03 AGENDA ITEM: A. Resolution authorizing the City Manager, or the City Manager's Designee, to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $17,300 to be used for the purchase of crisis information management system for the Corpus Christi Fire Department. El. Ordinance appropriating $17,300.00 grant from the Coastal Bend Regional Advisory Council into Fund No. 1062 Fire Grants Fund for purchase of crisis information management system for the Corpus Christi Fire Department; and declaring an emergency. ISSUE: The Coastal Bend Regional Advisory Council on Trauma (RAC) has forwarded the City a Grant in the amount ors 17,300, to support the purchase of a crisis information management system. This is a direct grant. No application was required. BACKGROUiq D: The RAC serves as a coordinating group, charged by the Texas Department of Health with the development of regional programs and standards relating specifically to trauma services, and generally to all hospital and pre-hospital emergency medical care. In addition, the RAC is coordinating the activities of all the hospitals within the region to formalize planning and preparation for potential terrorist events that might impact the Coastal Bend region. A major delimia facing the RAC, the hospitals, and EMS providers within the region is the inability to coordinate information concerning resourees, events, and activities in a real time coordinated method. The RAC is aware of the City's efforts to acquire a internet based program that will have the capability of supporting the City's operations, and have the capability to be expanded to include the regional hospitals and EMS agencies. This grant is proposed to support the acquisition of such a program. FUTURE COUNCIL ACTION: (may not be required) The Fire Department and MIS will be proposing that the City Council authorize the use of this grant, and funding from the Department of Homeland Defense's Metropolitan Medical Response System contract with the City of Corpus Christi to purchase a crisis information management system. RECOMMENDATION: It is recommended that the Council motion to accept the grant and to appropriate the funds to the Fire Grants Fund to support the purchase of a crisis information management system. /,~,~./'~ .~m e ~-C fife f - RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CiTY MANAGER'S DESIGNEE, TO ACCEPT A GRANT FROM THE COASTAL BEND REGIONAL ADVISORY COUNCIL IN THE AMOUNT OF $17,300 TO BE USED FOR THE PURCHASE OF CRISIS INFORMATION MANAGEMENT SYSTEM FOR THE CORPUS CHRISTI FIRE DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $17,300 to be used for the purchase of a Crisis Information Management System for the Corpus Christi Fire Department. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: January 7, 2004 Mary Kay Fischer City Attorney Samuel L. Neal, Jr. Mayor Lisa Aguilar Assistant City Attorney ORDINANCE APPROPRIATING $17,300 GRANT FROM THE COASTAL BEND REGIONAL ADVISORY COUNCIL INTO FUND NO. 1062 FIRE GRANTS FUND FOR PURCHASE OF CRISIS INFORMATION MANAGEMENT SYSTEM FOR CORPUS CHRISTI FIRE DEPARTMENT; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $17,300 grant from the Coastal Bend Regional Advisory Council is appropriated into Fund No. 1062 Fire Grants Fund for purchase of Crisis Information Management System for Corpus Christi Fire Department. 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 ,2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: January 7, 2004 Mary Kay Fischer City Attorney Lisa Aguilar ~ Assistant City Attorney 7 CITY COUNCIL AGENDA MEMORANDUM Date: 01/16104 AGENDA ITEM: Motion authorizing the purchase of WebEOC, a crisis information management software package, from ESi as a sole source purchase, in the amount of $41,524 with funds coming from a $17,300 grant from the Coastal Bend Regional Advisory Council and $24,224 from the proceeds of the Metropolitan Medical Response System contract with the U. S. Department of Homeland Security. ISSUE: Communication and coordination of emergency response functions during normal operations are critical functions. During periods of Emergency Operations Center (EOC) activation these functions become more significant and more difficult. The package being proposed for purchase would provide an additional tool that would serve to support both functions through real time Internet messaging and documentation. BACKGROUND: City staffbegan reviewing systems and capabilities several years ago, that would enhance the function of the EOC. As the move into the new center occurred, significant capability was achieved; however, efforts to evaluate additional tools have continued, with a focus upon those tools that would enhance existing capabilities, particularly in the areas of communications and coordination capability. The staff began to focus attention upon a variety of crisis information management systems approximately six months ago. There are a variety of packages available, both from the Federal Government and from industry. Staff also identified a study conducted by the National Institute of Justice (research division of the U. S. Department of Justice), which evaluated crisis information management systems based upon 106 different criteria. That study identified the WebEOC product as meeting 102 of these criteria. No other product met more than 94 of the identified functions. Additionally, the following criteria are submitted as justification for the sole source designation: Licensed per server with unlimited users allowed. Contains a simulation tool that allows user to input drill/exercise data and automatically release data based on scenario timeline to individual status boards. Form builder that provides an interface that allows the user to create customs status boards and forms using only a browser. Supports any third party form or web builder application tools. Does not use proprietary per user technologies. Permits simultaneous display of multiple status boards that are updated in real-time without interventions. Does not require any client software other than Internet Explorer. Provides a tactical map viewer/display application that can be used with any mapping or GIS system. The Fire Department has coordinated this project with MIS to insure system and technology compatibility and with the Police Department to insure functional capabilities would satisfy their operational requirements. The WebEOC package was also presented to the group of City employees and the consultant who are working on the city wide wireless project. The results of these meetings were positive and appeared to indicate support for the anticipated acquisition of this package. In addition, two separate demonstrations of the package have been conducted to bring together representatives from multiple City departments, area hospitals, and County agencies. Again, the overwhelming response to the package demonstrations indicated a strong belief that the package would be beneficial to the EOC operations and to the individual organizations that might be authorized access to the package, were it to be purchased. Finally, the WebEOC package was made available from a server in Atlanta to support the two day functional Weapons of Mass Destruction Exercise on January 13 and 14, 2004 in which the Citywas asked to simulate response to six separate terrorist events over the course of the two days. Aside from wanting additional training, the after action meetings yielded strong support for the package, despite the fact that we had decided to utilize only portion of the system's capability. FUTURE COUNCIL ACTION: (may not be required) The only future action will involve an annual maintenance agreement to sustain and keep this package current with all updates and modifications. This agreement will not be required for the first year of operations. The first such expense will occur during the FY04-05 budget. RECOMMENDATION: It is recommended that the Council motion to approve the purchase of this sofrware package. ~~-e 8 AGENDA MEMORANDUM DATE: February 10, 2004 SUBJECT: Downtown Drainage Improvements Design (Project No. 2036) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to a Contract for Professional Services with Urban Engineering in the amount of $374,813 for the Downtown Drainage Improvements Project. (Project # 2036) ISSUE: This contract amendment will provide additional design, bid and construction phase services necessary to address phase 2 and preliminary design of phase 3 of the Downtown Drainage Improvements project. FUNDING: Funds for this project are available in the Storm Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Dalerie~y, P'~E. irector of Storm Water Services 'Angel R. Escobar, P.' E., ' Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit"B" Contract Summary Exhibit "C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Downtown Drainage Improvements Design (Project No. 2036) PRIOR COUNCIL ACTION: 1. September 23, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. I to a Contract for Professional Services with Urban Engineering in the amount of $732,010 for Downtown Drainage Improvements Design (Project # 2036) 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. 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). 6. April 11,2003 - Distribution of Letter of Notification #1 (LON) for FY 2002 - 2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater, Infrastructure, street, Park and Miscellaneous Projects) to 183 architectural and engineering firms (79 local and 104 out-of-town). 7. April 17, 2003 - Addendum No. 1 to the Letter of Notification #1 (LON) for FY 2002 - 2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater, Infrastructure, street, Park and Miscellaneous Projects) to 183 architectural and engineering firms (79 local and 104 out-of-town). 8. April 25, 2003 - Addendum No. 2 to the Letter of Notification #1 (LON) for FY 2002 - 2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater, Infrastructure, street, Park and Miscellaneous Projects)to 183 architectural and engineering firms (79 local and 104 out-of-town). 9. August 28, 2003 - Approval of a small engineering contract with Urban for EXHIBIT "A" ] Page 1 of 3 H:\HOME\LYNDAS\GEN\Stormwater~2036 - Downtown DrainageV~,mendment No. 2\Background.doc preliminary engineering in the amount of $24,892 for the Downtown Drainage Improvements design FUTURE COUNCIL ACTION: Approval of construction contracts to complete the improvements as necessary. PROJECT BACKGROUND: The Downtown and Pod area of City of Corpus Christi has experienced problems in the past with flooding during heavy rainfall. Floodwater has been known to rise above the curbs and enter the buildings in the areas in and around Water Street and the Port area. This project initiates improvements to address these problems through Amendments No. 1 and No. 2 to the contract. Council was given a presentation by Urban Engineering outlining the results of the Downtown Drainage Study and recommended improvements. Amendment No. I provided for the Engineer to provide engineering services related to: the design, bid and construction of a new storm water pump station to greatly increase the pumping capacity to the existing Kinney St. Pump Station, · the design and construction of a new interceptor along Water St. to the new pump station, and · the design and construction of additional inlets on existing storm sewer in Water Street to increase capacity. Amendment No. 2 provides for the Engineer to provide engineering services related to: · the design, bid and construction of a new interceptor along Agnes Street, Blucher Park Balustrade and smaller relief pipes to relieve the Blucher box, and · the preliminary design, as part of Phase III, of new interceptor/collector system to dived storm flow to new Port area pump station, new Pod area pump station and discharge conduit from the new Port area pump station to the Harbor. PROJECT DESCRIPTION: This project will result in an adjustment of the Power Street Pump Station drainage boundary into two drainage areas. The reconfiguration of the drainage areas boundaries will result in the construction of a new pump station to handle the storm flow from the pod area. This work will include preliminary, design and construction phase services to include: · a new Agnes Street box from Blucher Park to Bay, · Blucher Park balustrade, and · new Blucher Box relief pipelines. This contract will include hydrologic analysis and preliminary design services for: · a new Port area pump station, · new discharge conduit from the new pump station to the Harbor, · new interconnect conduit along Mesquite Street from Interstate 37 to Hirsch Street area, and · new drainage box from existing ditch to new Mesquite Street box. IEXHIBIT "A" Page 2 of 3 H:\HOME\LYNDAS\GEN\Stormwater~2036 - Downtown Drainage~Amendmen/No. 2\Background,doc The Traffic Control Plan for the Seawall project has been reviewed by the Consultant. The work will be coordinated so as to minimize traffic problems between the two projects. The contract documents will require the contractor to use project sequencing and coordinate with the Seawall contractor during the Water Street and Agnes Street interceptor construction. CONTRACT/FEE SUMMARY: A contract summary and fee is attached as Exhibit "B". EXHIBIT "A" Page 3 of 3 H:\HOME\LYNOAS\GEN~Stormwater~2036 - Downtown Drainage~Amendment No. 2~Background.doc CONTRACT SUMMARY SCOPE OF PROJECT Downtown Drainage Improvements Design (Project No. 2036) Project consists of analysis and design to evaluate adjusting the Power St. Pump Station drainage boundary into two drainage areas. The analysis will determine how to reconfigure the drainage areas boundaries, enlarge the existing pump station and/or construct a new pump station in a different location. This work will include preliminary phase services for: new Arena area pump station, new discharge conduit from new pump station to harbor, new interconnect conduit along Mesquite St. from Interstate 37 to Hirsch St. area, new drainage box from existing ditch to new Mesquite St. box. In addition, as a result of the Kinney St. area analysis this work will include design and construction phase services to include: new Agnes St. box from Blucher Park to bay, Blucher Park balustrade and new blucher box relief pipelines. Summary of Fees Original Amd. Amendment Total Contract No. 1 No. 2 Revised =ee for Basic Services PHI PH II PH III Fee I. Preliminary Phase $24,89; $124,200 $0 $137,80( $286,892 _~. Design Phase $435,40(; $170,080 TBD $605,480 3. Bid Phase $32,30(; $13,800 TBD $46,100 ~. Construction Phase $97,100' $41,430 TBD $138,530 ~ubtotal Basic Services Fees $24,892 $689,00(~ $225,310 $137,80( $1,077,002 Fee for Additional Services (Allowance) I. Permitting TBD 2. Row Acquisition Survey $1,60¢ $1,60¢ :~. Topographic Survey (AUTHORIZED) $6,18¢ $7,230 TBD $13,41 ¢. Environmental Issues $2,93¢ $1,153 TBD $4,082 5. Line Locate Service $25,00(: $1,240 TBD $26,24¢ 3. Start-up Services $3,22(: TBD $3,22¢ 7. Warranty Phase $4,08(: $2,08¢ TBD $6,16¢ Sub-Total Additional Services Fees $0 $43,01£ $11,703 $0 $54,71.~ Total Authorized Fee $24,892 $732,01( $237,013 $137,800 $1,131,7t.~ TOTAL AMENDMENT NO. 2 $374,8t3 *Typographical error in Amendment No. 1. Value shown in this table is correct. Exhibit B Page 1 of 1 File : \HOME\CorlosR\Gen2\ClPNOTEBOOK\exh2036o,dwg PHASE 3 ~~ Arena Are,a I / ~/,~'/~ ~ n ' ~ ~ ~ ~ ) // rJ BAY "~ ~ EXISTING 2 ~ ~ ~ ~ ~~_~ ~~ "IBlucher St. I ;~~~~~ ~mssum C°nduit I PHASE2 < : ~ ~ ~ ~ Z g ~J ~ I1' ~ ~,~ ~ ~~~11 //)/""~ //. ~ ~ ~,~ ~ ~1 ~ //~ ~ ~_~ ~ / ~ / // New and Exist. PHASE 2 .us~' ~~ ~.~ ~/~ ~ - ~/ .? ~inney St. PHASE 2 ~~~-- --rH~ LOCATION iBox ~ ~ ~ ~ ~ ~ ,~ ~ 'T':~ ~ LOCATZON MAP CZTY COUNCZL EXHZBZT DEPARTMENT OF ENGINEERING SER~CES DOWNTOWN D~ZNAGE ZMPROVEMENTS PAGE: I of 1 CI~ OF CORPUS CHRISTI, T[~S DATE: 01-13-2004 9 AGENDA MEMORANDUM DATE: February 10, 2004 SUBJECT: Gas Department Building Remodeling, Phase 1 (Project No. 1555) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Elite Construction Company of Corpus Christi, Texas in the amount of $309,320 for the (Gas Department Building Remodeling, Phase 1 Project. ISSUE: The Gas Department Building was constructed in approximately 1950; and no significant remodeling has taken place since then. The proposed project is a remodeling project that will accommodate shop staff and administrative staff of the Gas Department. FUNDING: Funds to finance the proposed project are available in the Gas Operating Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. ie Mar~quin/~. E. Director of Gas D4rpartment ~ge~ 15,. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B' Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map BACKGROUND INFORMATION SUBJECT: Gas Department Building Remodeling, Phase 1 (Project No. 1555) PRIOR COUNCIL ACTION: 1. July 22, 2003 - Ordinance approving the FY 2003-2004 Capital Operating Budget (Ordinance No. 025394). PRIOR ADMINISTRATIVE ACTION: 1. September 29, 2003 - Executed Small Agreement for Architect/Engineer Consultant Services with Morgan Spear Associates, Inc. in the amount of $25,000 for the Gas Department Building Remodeling, Phase 1. 2. October 30, 2003 - Executed Small Agreement for Architect/Engineer Consultant Services with Health & Safety Management, Inc. in the amount of $350 for the Gas Department Building Remodeling, Phase 1. 3. October 30, 2003 - Executed Testing Agreement with Rock Engineering & Testing Laboratory, Inc. in the amount of $1,100 for the Gas Department Building Remodeling, Phase 1. PROJECT BACKGROUND: The Gas Department Building is located at 4225 S. Port Avenue. The facility was constructed in approximately 1950; and no significant remodeling has taken place since then. The proposed project enhances the Gas Department re- engineering and training efforts. The Meter Shop was re-engineered several years ago and resulted in available floor space. This extra floor space will be utilized to accommodate fifty-two (52) department employees to provide a more productive work environment. To continue the quality of service to our citizens, training is essential to the operation of the Gas Department. As mandated by the Texas Railroad Commission, we must also continue the Operator Qualification Program in which a training room will be incorporated into the design. PROJECT DESCRIPTION: This project consists of demolition, drywall partitions, carpentry, millwork, acoustic ceilings, cement plaster, storefront glazing, interior finishes, electrical, HVAC and plumbing; all work to be accomplished at the location shown and shall be in accordance with the plans, specifications, and contract documents. BID INFORMATION: The City received proposals from three (3) bidders on January 14, 2004. See Exhibit "B" Bid Tabulation. The bids range as follows: Total Base Bid From $291,000 To $343,000 Additive Alternate No. 1 From $10,400 To $19,500 AdditiveAIternate No. 2 From $5,920.00 To $19,800 H:~USERS2~HOME~VELMAR~GEN~GAS~1555',AGENDA BACKGROUND EXHIBIT "A" Page 1 of 2 The Base Bid consists of all remodeling work described in the plans and specifications except power wash, pdme and paint on existing extedor brick; new structural slab and associated demolition. Additive Alternate No. 1 includes power wash, pdme and paint on all exterior bdck. Shield all existing extedor metal roof and fascia, downspouts, doors, windows, and stone window tdm from being painted. Additive Alternate No. 2 includes saw cut, demolish, and removal of concrete slab, as dimensioned in the drawings and provides for a new structural slab. The Architect's estimated construction cost for the project is $275,000. The City's consultant, Morgan Spear Associates, Inc., and City staff recommend that the Total Base Bid, Additive Alternate No. 1, and Additive Alternate No. 2 be awarded in the amount of $309,320 to Elite Construction Company of Corpus Chdsti, Texas for the Gas Department Building Remodeling, Phase 1 Project. CONTRACT TERMS: The contract specifies that the project will be completed in 90 calendar days, with completion anticipated by the end of May 2004. FUNDING: Funds for this project are available in the FY 2003-2004 Gas Operating Budget. EXHIBIT "A" Page 2 of 2 H'~USERS2'~HOME~VELMAR\GEN\GAS\1555~AGENDA BACKGROUND TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Esoobar, P.E., Director of Engineering Services DATE: Wednesday, January 14, 2006 TIME OF COMPLETION: 90 Calendar Days Page 1 of 1 ENGINEER'S ESTIMATE: $275,000 --- ---- o. Dunning remodeling Elite Construction Co. DESS Construction Inc. Phase 1 5914 Pressler P.O. Sal -Con Inc. Project No. 1555 BOX 8313 C.C., TX 78913 P.O. Box 71771 C.C., TX 78468 C.C., TX 78467 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE To furnish AMOUNT UNIT PRICE AMUNT UNIT PRICE AMOUNT all labor and materials, tools and $0.00 necessary equipment and to Perform the work required for the project at the locations set out by the Plans and specifications and in strict accordance with the contragt documents TOTAL BASE BID: ADDITIVE ALTERNATE $291,000.00 $293,237.00 $343,000.00 $0.00 NO 1: ADDITIVE ALTERNATE NO 2� $12,400.00 $10,400.00 $19,500.00 $0.00 $5,920.00 $17,669.00 $19,800.00 $0.00 $0.00 $0.00 PROJECT BUDGET GAS DEPARTMENT BUILDING REMODELING, PHASE 1 (Pr~e~ No. 1555) January 27, 2004 FUNDS AVAILABLE: Gas ................................................................................... $383,502.00 FUNDS REQUIRED: Construction (Elite Construction Company) ................................. Contingencies (10%) ............................................................ Consultant (Morgan Spear Associates, inc.) .............................. Consultant (Health & Safety Management, Inc.) ........................... Engineering Reimbursements ................................................ Construction Inspection Activity ................................................ Testing (Rock Engineering & Testing Laboratory) ........................ Texas Department of Licensing ................................................ Misc. (Printing, Advertising, etc.) ............................................. Total ................................................................................. $309,320.00 30,932.00 25,000.00 350.00 3,500.00 10,700.00 1,100.00 100.00 2,500.00 $383,502.00 IEXHIBIT "C" H:\USERS2~HOME~VELMAR~GEN~GAS~I555~,PROJECT BUDGET Page 1 of 1 \ Mproject \ councilexhibits \ exh 1555.dwg P~'~OJECT LOCATION PROJECT # 1555 EXHIBIT "D" GAS DEPARTMENT BUILDING CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES~ ' REMODELING, PHASE '1 PAGE: I o"i: 1 CIT~' OF CORPUS CHRISTI, TEXAS DATE: 1-21-2004 10 AGENDA MEMORANDUM DATE: February 10, 2004 SUBJECT: New Ben Garza Park Sports Pavilion (Project No. 3234) and Ben Garza Gym Locker Room Improvements (Project No. 3262) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Progressive Structures of Corpus Christi, Texas in the amount of $211,750 for the New Ben Garza Park Sports Pavilion and Ben Garza Gym Locker Room Improvements. ISSUE: Community Development Block Grant Funds will provide for improvements to the Ben Garza Sports Pavilion and Gym Locker Room. This project is necessary to provide shade area for court play, reduce the weather deterioration to court surface and refurbish the existing deteriorated playing surface at the sports court area. Due to additional funding and increased demand for shower and locker use, improvements will be made to the Gym Locker Room to make it more suitable for the needs and quantity of users. FUNDING: Funds to finance the proposed project are available in the FY 2002-2003 Community Development Block Grant Fund Budgets. (,z.Staff recommends approval of the Motion as presented. David Ondrias, f Parks and Rec. Neighborhood Services Department ,~g~l R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map BACKGROUND INFORMATION SUBJECT: New Ben Garza Park Sports Pavilion (Project No. 3234) and Ben Garza Gym Locker Room Improvements (Project No. 3262) PRIOR COUNCIL ACTION: 1. May 15, 2001 - Motion approving the FY 2001-2002 Community Development Block Grant Program (Motion No. M2001-191). PRIOR ADMINISTRATIVE ACTION: 1. January 2, 2002 - Executed Small Agreement for ArchitectJEngineer Consultant Services with Roots Foster Associates, Inc., Architects in the amount of $18,000 for the New Ben Garza Park Sports Pavilion and Ben Garza Gym Locker Room Improvements. 2. May 1, 2003 - Executed Testing Agreement with Fugro South, Inc. in the amount of $2,245 for the New Ben Garza Park Sports Pavilion and Ben Garza Gym Locker Room Improvements. 3. July 23, 2003 - Executed Amendment No. I to the Small Agreement for ArchitectJEngineer Consultant Services with Roots Foster Associates, Inc., Amhitects in the amount of $6,450, for a total re-stated fee of $24,450, for the New Ben Garza Park Sports Pavilion and Ben Garza Gym Locker Room Improvements. PROJECT BACKGROUND: Community Development Block Grant Funds will provide for improvements to the Ben Garza Sports Pavilion and Gym Locker Room. The proposed project is necessary to provide shade area for court play, reduce the weather deterioration to court surface and refurbish the existing deteriorated playing surface at the sports court area. Due to additional funding and increased demand for shower and locker use, improvements will be made to the Gym Locker Room to make it more suitable for the needs and quantity of users. PROJECT DESCRIPTION: This project consists of an approximate 12,000 square foot (roof area), open-sided pre-engineered metal building structure with concrete plinths, drilled piers and tie beams to cover existing asphalt basketball courts, which are also to be re-asphalt topped and court-striped. Other construction includes new showers and other miscellaneous work in existing Gym Dress Rooms; all in accordance with the plans, specifications, and contract documents. BID INFORMATION: The City received proposals from eight (8) bidders on January 14, 2004. See Exhibit "B" Bid Tabulation. The bids range as follows: Base Bid Item No. 1 - Sports Pavilion From $185,000 Base Bid Item No. 2 - Locker Room From $19,360 AdditiveAIternate No. 1 From $1,750 To $255,633 To $35,000 To $9,100 H:~U S ERS 2~OM E~VE LM~,R'~GEN~GAS~1555',AGE NDA BACKGROUND EXHIBIT "A" Page 1 of 2 The Base Bid Item No. 1 consists of construction of the new Sports Pavilion work except for two (2) side basketball goal/backstops. The Base Bid Item No. 2 consists of modifications work in existing gym dress rooms. Additive Altemate No. 1 includes two (2) side basketball goal/backstops for the new Sports Pavilion. The Architect's estimated construction cost for the Base Bid Item No. I Sports Pavilion is $170,000; and the estimated construction cost for the Base Bid Item No. 2 Locker Room is $27,200. The City's consultant, Roots Foster Associates, Inc., Architects and City staff recommend that the Total Base Bid and Additive Altemate No. 1 be awarded in the amount of $211,750 to Progressive Structures of Corpus Christi, Texas for the New Ben Garza Park Sports Pavilion and Ben Garza Gym Locker Room Improvements. CONTRACT TERMS: The contract specifies that the project will be completed in 140 calendar days, with completion anticipated by the end of July 2004. FUNDING: Funds to finance the proposed project are available in the FY 2002-2003 Community Development Block Grant Fund Budgets. EXHIBIT "A" Page 2 of 2 H:\USERS2~HOME~V~:LMAR\GEN~GAS\1555~,GEN DA BACKGROUND TABULATION of BIDS DEPARTMENT OF ENGINEERING - CITY of coRPUs CHRISTI, TEXAS Page 1 of 2 TABULATED BY: Angel R.Eacobar, P.E., Director of DATE' Engineering 8erviose Wedaeeday, January ld, 2004 TIME OF C4tjpLETION: 160 Calendar Days ENGINEER'S ZSTID81TE: $27,270 (Gym) $170,000 (Pavilion) New Ben Garza Park Sports Pavilion b Ben Garza Gym Locker Room Improvements Progressive Structures David Van Fleet, Inc. Project No. 3234/3262 Inc. dba Van Fleet Constr. Economy Services Inc. Sal-Con Inc . P.O. Box 270713 312 East Kleber 9 1018 Hibiscus P.O. Box 71771 C.C., TX 78427 Kingsville, TX 78363 C.C., TX 78405 C.C., TX 78467 ITEM DESCRIPTION QTY. UNIT UNIT PRICEAMOUNT Item HB-1 Base Bid: Total cost 1 UNIT PRICE AMOUNT ULiIT� PRI AMOUNT UNIT PRICE AMOUNT No. LS for all work described in $185,000.00 $191,900.00 BB-1 plans b specifications for $192,279.00 $200,000.00 construction of the new Pavilion work except two (2) side basketball goal/backstops as shown complete in place per lump SM. Item BB-2 Base Bid: Total cost 1 LS No. for all work described in $25,000.00 $19,360.00 BB-2 plans b specifications for $27,036.00 $21,000.00 modifications work in existing gym dress rooms, - complete in Place per lump a=. W BID lZTIIw BH_I 4 ZTBaf gg $210,000.00 $211,260.00 Item Add. Alt. No.l: Total $219,315.00 9221,000.00 No. 1 LS additive cost for $1,750.00 $5,000.00 AA-1 including two (2) side $6,778.00 $9,100.00 basketball goal/backstops as shown, complete in Place per lump sum. TOTnr ADDITIVE ALTERNATE !AA-17: $1,750.00 $5,000.00 $6,778.00 $9,100.00 TABULATION OF BIDS DEPAR2MNT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, January 14, 2004 TnU OF COMPLE New Ben Garza Park Sports Pavilion n Ben Garza Gym Locker Room Improvements Project No. 3234/3262 ITEM DESCRIPTION Item BB -1 Base Bid: Total cost No. for all work described in BB -1 plans 6 specifications for construction of the new Pavilion work except two (2) side basketball goal/backstops as shown complete in place per lump SUM. Item BB -2 Base Bid: Total cost No. for all work described in BB -2 plans S specifications for modifications work in existing gym dress rooms, complete in place per lump sum. TOTAL BASE BID !ITEM BB -1 4 I= BS -2: Item Add. Alt. No.l: Total No. additive cost for AA -1 including two (2) side basketball goal/backstops as shown, complete in Place per lump sum. MTAL ADDITIVE ALTERNATE 1I LS 1 1 LS 1 1 IS Page 2 of 2 TION: 140 Calendar Days ENGINEER'S ESTn4M: $27,270 (Gya) $170,000 (Pavilion) EGH Construction Inc. P.O. Box 270668 C.C., TX 78427 UNIT PRICE AMOUNT $213,600.00 $35,000.00 $248,600.00 $6,580.00 $6,580.00 Elite Constr. Cc 5414 Pressler C.C., TX 78411 AMOUNT $219,000.00 $31,100.00 $250,100.00 $6,300.00 $6,300.00 DMB Construction P.O. Box 71118 C.C., TX 78467 PRICE AMOUNT $231,942.00 $29,487.00 $261,429.00 $6,686.00 $6,686.00 Barcom Commercial Inc. 1710 SPID Ste B C.C., TX 78416 PRICE $255,633.00 $27,770.00 $283,403.00 $6,165.00 $6,165.00 PROJECT BUDGET NEW BEN GARZA PARK SPORTS PAVILION (PROJECT NO. 3234) BEN GAR7_.A GYM LOCKER ROOM IMPROVEMENTS (Project No. 3262) February 10, 2004 FUNDS AVAILABLE: CDBG ........................................................................................................ $271,120.00 FUNDS REQUIRED: Construction (Progressive Structures): Base Bid - Sports Pavilion $185,000.00 Base Bid - Locker Room 25,000.00 Add. Alt. No. 1 - Sports Pavilion 1,750.00 Total Construction .................................................................................... $211,750.00 Contingencies (10%) .................................................................................... 21,175.00 Consultant (Roots Foster Associates, Inc., Architects) .......................................... 24,450.00 Engineering Reimbursements ........................................................................ 2,500.00 Construction Inspection Activity ........................................................................ 7,000.00 Testing (Fugro South, Inc.) .............................................................................. 2,245.00 Misc. (Printing, Advertising, etc.) ..................................................................... 2,000.00 Total ......................................................................................................... $271,120.00 I EXHIBIT "C" Page 1 of 1 H :\USERS2~IO M EIVEL MAR~G EN\PARK& REC\B E N GARZA/PROJECT BUDGET File : \Mproject\councilexhibits\exh5254,5262.dwg NUECES BAY N PROJECT LOCATION AtoNES CORPUS CHRISP BAY LOCATION MAP NOT TO SCALE Fb~.JL;I :tt' I BEN GARZA PARK PROJECT Il 3234~3262 VICINITY MAP NOT TO SCALE EXHIBIT "D" NEW BEN GARZA PARK SPORTS PAVILION AND GYM LOCKER ROOM IMPROVEMENTS CIT¢ OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 02-0,3-2004 11 AGENDA MEMORANDUM February 10, 2004 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 18 to the amhitectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in an amount not to exceed $40,640 for preparation and revision of bid and contract documents for interior buildout of the Federal Inspection Station and Transportation Security Administration lease space for the Corpus Christi International Airport Terminal project. (Project No.1071) FUNDING: Funding is available from Airport Capital Improvement Funds. RECOMMENDATION: Approval of the motion as presented. Dave Hamrick Director of Aviation /~gel R. Escobar, P. E. ~Oirector of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Prior Council/Administrative Actions Contract Summary Location Map BACKGROUNDINFORMATION PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Numerous actions by the City Council and staff have been made for this complex project. A list of the more significant actions is attached. See Exhibit B. ADDITIONAL INFORMATION: The amendment provides for preparation of bid and contract documents for the build-out of the Transportation Security Administration and Federal Inspection Station lease spaces. Council approved the completion of the lease space through "dried in" status by a change order with Fulton/Coastcon, J.V. The total of the build out cost prevented the City from completing the project as a change order. The Local Government Code limits the total value of change orders for a project to 25% of the original contract price. This requires a new contract be issued for the completion of the interior build out. FAA requires a sealed bid to proceed with the completion of the lease space. The amendment is necessary so the bid documents reflect the work that will be completed by Fulton/Coastcon. A contract summary is attached. See Exhibit C. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the amendment and recommended its approval. H:~-IOME~J~EVINS\GEN~JR\NEWTERM~AE#18AWD.bkg.doc I EXHIBITA 1 Page 1 of 1 PRIOR COUNCIL ACTIONS August 25, 1998 - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for CCIA including the terminal reconstruction program. (Res. 023426) March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA. (M99-089) April 20, 1999 - Motion to authorize City Manager to execute a contract for architectural/engineering services with M Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CCIA Terminal Building. (M99-105) July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No. 1, Terminal Building Reconstruction, Airport Project No. 2, Terminal Apron Construction, and Wastewater Project No. 22, Airport Lift Station Relocation. (Ord. No. 023703). December 21, 1999 - Approval of the Terminal Design Concept as presented by the Gensler Team. January 25, 2000 - Motion to authorize City Manager to execute Amendment No. 1 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed- circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) February 23, 2000 - Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M2000-66) May 23, 2000 - Motion authorizing the City Manager to execute Amendment No. 2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the terminal apron construction, terminal re-construction, and lift station relocation projects at Corpus Christi International Airport. (M2000-153) August 22, 2000 - Motion authorizing City Manager, or his designee, to execute a construction contract with Fulton/Coastcen in the amount of $16,472,000 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 10. November 21, 2900 - Motion authorizing the City Manager to execute Amendment No. 3 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $420,940 for the for the Corpus Christi International Airport Terminal Construction project (M2000-412). 11. November 21, 2000 - Motion authorizing the City Manager to execute a project liaison and inspection contract with AGCM, Inc. in the amount of $196,400 for the for the Corpus Christi International Airport Terminal Construction project. (M2000-413). 12. November 21, 2000 - Motion authorizing the City Manager to execute Change Order No. 1 (construction by-pass) with Fulton/Coastcon in the amount of $56,026.58 for the Corpus Christi International Airpod Terminal Construction project. (M2000-292) 13. April 18, 2001 - Motion authorizing the City Manager to execute Change Order No. 9 (substitution of concrete in lieu of asphalt under open concourse areas) with Fulton/Coastcon in the amount of $103,140.44 for the Corpus Christi International Airport Terminal Construction project. (M2001- 154). 14. May 29, 2001 - Motion authorizing the City Manager to execute Change Order No. 12 (rewsion of structural foundations to reflect field conditions) with Fulton/Coastcon in the amount of EXHIBIT B I Page 1 of 6 H:\HOME'~KEVI NS\GENLAI R\N EVVTERMLAE#18AWDPdorActions Exh B.doc 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. $38,618.74 for the Corpus Christi International Airport Terminal Construction project. (M2001- 207). June 12, 2001 - Motion authorizing the City Manager to execute Amendment No. 8 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of ($132,344) for the for the Corpus Christi International Airport Terminal Construction project (M2001-219). September 11, 2001 - Motion authorizing the City Manager to execute Change Order No. 19 (upgraded public address system, additional escalators, wall laminates, & decorative tiles) with Fulton/Coastcon in the amount of $514,974.42 for the Corpus Christi International Airport Terminal Construction project. (M2001-347). October 9, 2001 - Motion authorizing the City Manager to execute Change Order No. 22 (replace eight (8) inch water line under commercial apron) with Fulton/Coastcon in the amount not to exceed $155,449.01 for the Corpus Christi International Airport Terminal Construction project. (M2001-373). October 16, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 with AGCM in the amount of $598,500 for construction management, project liaison, and inspection services for the new Airport Terminal Building (M2001-387). October 23, 2001 - a. Motion authorizing the City Manager to execute Change Order No. 23 (additional filters on cooling towers and addition of two manholes) with Fulton/Coastcon in the amount of $20,326.24 for the Corpus Christi International Airport Terminal Construction project. b. Motion authorizing the City Manager to execute Change Order No. 24 (reduce depth of relocated wastewater lift station, add 225 amp service, and provide exit lights for sliding doors at front terminal entries) with Fulton/Coastcon in the amount of $23,490.93 for the Corpus Christi International Airport Terminal Construction project. (M2001-401 ). April 16, 2002 - Motion authorizing the City Manager to execute Amendment No. 12 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $46,060.00 for the for the Corpus Christi International Airport Terminal Construction project (M2002-102). May 14, 2002 - Motion authorizing the City Manager to execute Change Order No. 31 (relocate security check point and enhanced finishes) with Fulton/Coastcon in the amount not to exceed $63,857.91 for the Corpus Christi International Airport Terminal Construction project. (M2002- 132). June 6, 2002 - Motion authorizing the City Manager to execute Change Order No. 35 (extend canopy 35' from commemial island to parking lot) with Fulton/Coastcon in the amount not to exceed $212,129.81 for the Corpus Christi International Airport Terminal Construction project. (M2002-192). December 17, 2002 - Motion authorizing the City Manager to execute Amendment No. 13 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $366,158.00 for the for the Corpus Christi International Airport Terminal Construction project (M2002-102). May 27, 2003 - Motion authorizing the City Manager, or his designee, to execute change order 45 with Fulton/Coastcon, Inc., A Joint Venture, in the net amount of $425,410.87 for Corpus Christi International Airport New Terminal Building for concrete and structural steel for the retail and Transportation Security Administration lease areas and an exterior finish system for the Air Cargo Building (M2003-198). H:~HOME~KEV[NS\GE N~AIR\NEWTERM~AE#18AWD PdorActionsEx~B.doc EXHIBIT B I Page 2 of 6 25. October 14, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $150,350 for additional construction phase services for the Corpus Christi International Airport Terminal project. (M2003-361) 26. January 13, 2004 - Motion authorizing the City Manager, or his designee, to execute change order 54 with Fulton/Coastcon, Inc., A Joint Venture, in the amount of $1,250,000.00 for Corpus Christi International Airport New Terminal Building to complete exterior Terminal Expansion to include all work associated with the final phase of the original terminal design as modified and the exterior shell of the Transportation Security Administration and Federal Inspection Station areas. 27. January 13 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 17 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in an amount not to exceed $143,870 for additional construction phase services for the Corpus Christi International Airport Terminal project PRIOR ADMINISTRATIVE ACTIONS 1. January 17, 2001 - Award of Change Order No. 2 in the amount of $24,071 to Fulton/Coastcon for temporary vestibules, air curtains, and lighting. 2. January 22, 2001 - Award of Change Order No. 3 in the amount of $19,121,55 to Fulton/Coastcon for temporary canopy. 3. January 23, 2001 - Award of Amendment No. 4 to M. Arthur Gensler and Associates in the amount of $14,000 for structural slab and double wall air handler units. 4. February 9, 2001 - Award of Change Order No. 4 in the amount of $11,921.16 to Fulton/Coastcon for various utility work, rerouting of conduits, and temporary speakers at curb-side. 5. February 14, 2001 - Award of Amendment No. 5 to M. Arthur Gensler and Associates in the amount of $14,920 for apron extension/access roads & terminal apron projects. (separate project) 6. February 16, 2001 - Award of Change Order No. 5 in the amount of $19,914.33 to Fulton/Coastcon for additional pedestrian tunnel support. March 19, 2001 - Award of Change Order No. 6 in the amount of $15,672.70 to Fulton/Coastcon for storm drain repairs and removal, additional traffic markings and signage, and isolation of HVAC piping and controls. 8. March 29, 2001 - Award of Amendment No. 6 to M. Arthur Gensler and Associates in the amount of $14,900 for design of additional escalators, voice paging, plastic laminate, and decorative mosaic tile. 9. March 30, 2001 - Award of Amendment No. 1 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 10. April 2, 2001 - Award of Change Order No. 7 in the amount of $5,974.87 to Fulton/Coastcon for installation of piers for future installation of structural slab under the concourse. 11. April 13, 2001 - Award of Change Order No. 8 in the amount of $14,495.95 to Fulton/Coastcon for various electrical modifications and security alarms. 12. May 4, 2001 - Award of Amendment No. 7 to M. Arthur Gensler and Associates in the amount of $5,280 for design of three (3) overhead coiling security grills and side-stream filter and isolation valves for cooling towers. H:~IOME\KEVINS\GE N~AIR\NEWTE RM~AE# 18AWDPdorActionsExh B.doc Page 3 of 6 13. May 10, 2001 - Award of Change Order No. 10 in the amount of $19,340.74 to Fulton/Coastcon for various mechanical modifications and modification of a pier cap. 14. May 22, 2001 - Award of Change Order No. 11 in the amount of $22,253.97 to Fulton/Coastcon for additional fill material and relocation of food court water meter. 15. May 22, 2001 - Award of Change Order No. 13 in the amount of $23,381.00 to Fulton/Coastcon for substitution of double wall air handlers in lieu of single wall air handlers. 16. June 21, 2001 - May 22, 2001 - Award of Change Order No. 14 in the amount of $23,636.11 to Fulton/Coastcon for re-route of gas and water mains and addition of lithium bromide filters for chillers. 17. June 25, 2001 - Award of Change Order No. 15 in the amount of $19,995.02 to Fulton/Coastcon for substitution of copper wound transformers in lieu of aluminum wound transformers and additional fill material. 18. July 2, 2001 - Award of Change Order No. 16 in the amount of $23,965.32 to Fulton/Coastcon for an upgrade of passenger loading bridge carpet and remobilization of demolition contractor. 19. July 5, 2001 - Award of Change Order No. 17 in the amount of $13,119.75 to Fulton/Coastcon for storage of advanced purchase equipment in bonded warehouse and Data Room and Tower Vault Signal additions to facilitate relocation of telephone and local area network (LAN). 20. Au,qust 22, 2001 - Award of Change Order No. 18 in the amount of $23,885.98 to Fulton/Coastcon for raising the elevation of asphalt crosswalks and additional excavation and fill material under the old restaurant area. 21. September 4, 2001 - Award of Change Order No. 20 in the amount of $21,597.31 to Fulton/Coastcon for relocation of equipment for jet bridge power room, and baggage service office/additional operation space for Continental Express. 22. September 14, 2001 - Award of Change Order No. 21 in the amount of $24,686.88 to Fulton/Coastcon for air conditioning shop space under concourse and additional power supply for data and communication room equipment. 23. March 30, 2001 - Award of Amendment No. 2 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 24. December 31, 2001 - Award of Amendment No. 9 to M. Arthur Gensler and Associates in the amount of $20,850 for design alternatives for wastewater lift station and aluminum panel details at security checkpoint. 25. January 24, 2002 - Award of Amendment No. 10 to M. Arthur Gensler and Associates in the amount of $10,500 far modification of security checkpoint location and electrical/security rooms. 26. February 19, 2002 - Award of Amendment No. 11 to M. Arthur Gensler and Associates in the amount of $9,700 for extension of the Terminal Building Main canopy. 27. October 31, 2001 - Award of Change Order No. 25 in the amount of $14,515.57 to Fulton/Coastcon for ground radio provider and Continental Airlines operations, three phase motors for baggage doors, include baggage equipment on emergency power, revise cooling tower foundation, and relocate water line to improve future access. 28. November 14, 2001 - Award of Change Order No. 26 in the amount of $17,712.62 to Fulton/Coastcon for emergency power for airlines, modification of bag handling door controls, and other modifications. H:~HOME~KEVINS\GEN~A~R~IEWTE RM~AE#18AWDPriorActionsEx~B.doc EXHIBIT B I Page 4 of 6 29. December 14, 2001 - Award of Change Order No. 27 in the amount of $21,234.46 to Fulton/Coastcon for additional space for a baggage office and operations suite for Continental Airlines and modification of transom to electric vault door. 30. January 31, 2002 - Award of Change Order No. 28 in the amount of $24,424.61 to Fulton/Coastcon for security modifications associated with 9/11 and installation of high speed operator on Gate 24B. 31. February 12, 2002 - Award of Change Order No. 29 in the amount of $24,078.56 to Fulton/Coastcon for additional security expenses, bag conveyor openings, and fire damper. 32. February 26, 2002 - Award of Change Order No. 30 in the amount of $21,343.15 to Fulton/Coastcon for additional foundation work, chilled water interconnect, temporary electrical supply connection, additional exterior lighting for exterior baggage operations, and stucco fascia along roof edge. 33. May 2, 2002 - Award of Change Order No. 32 in the amount of $24,840.92 to Fulton/Coastcon for additional offices, relocation of ticket counters and return air openings. 34. May 15, 2002 - Award of Change Order No. 33 in the amount of $24,871.93 to Fulton/Coastcon for mechanical and structural modifications. 35. May 29, 2002 - Award of Change Order No. 34 in the amount of $19,973.85 to Fulton/Coastcon for electrical rough-ins for advertising, ticket counter revisions, and mechanical modifications. 36. July 17, 2002 - Award of Change Order No. 36 in the amount of $20,265.24 to Fulton/Coastcon for various minor enhancements (carpet, voice/data circuits, door pulls, security modifications, etc.). 37. Au(lust 7, 2002 ~ Award of Change Order No. 37 in the amount of $19,558.82 to Fulton/Coastcon for mechanical, electrical and other modifications. 38. September 5, 2002 - Award of Change Order No. 38 in the amount of $24,954.30 to Fulton/Coastcon for placing terrazzo in the food court. 39. October 30, 2002 - Award of Change Order No. 39 in the amount of $20,030.49 to Fulton/Coastcon for various electrical modifications, lock sets, PA service, etc. 40. November 5, 2002 - Award of Change Order No. 40 in the amount of $17,231.32 to Fulton/Coastcon for electrical modifications, advertising modifications, rent car telephones, and window blinds. 41. February 6, 2003 - Award of Change Order No. 41 in the amount of $21,337.32 to Fulton/Coastcon for food court ceiling and relocation of visitor information desk. 42. February 17, 2003 - Award of Change Order No. 42 in the amount of $22,915.20 to Fulton/Coastcon for additional electrical power to rent car offices, vending machines, enclosure of open administrative space, storage of equipment City requested advanced delivery, and additional security costs. 43. February 28, 2003 - Award of Change Order No. 43 in the amount of $24,542.08 to Fulton/Coastcan for various electrical, plumbing, signage, fire alarm, and HVAC modifications. 44. March 21, 2003 - Award of Change Order No. 44 in the amount of $20,422.87 to Fulton/Coastcon for various ticket counter shell, bagwell for Delta, additional piping flanges, modification of rent car parking lot, removal of manholes under additional retail space, new gate operator support, conduit to new checkpoint location. 45. April 10, 2003 - Award of Change Order No. 46 in the amount of $24,919.61 to Fulton/Coastcon for valance support, fire alarm monitoring modules for jet bridges, HVAC modifications, western power feed to jet bridge power center, and interior trash receptacles. IEXHIBIT B I Page 5 of 6 H:\HOM E~KEVINS\GEN~AI R\N EWTERM~AE# 18AWDPdorActionsExh B.doc 46. April 30, 2003 - Award of Change Order No. 47 in the amount of $24,393.37 to Fulton/Coastcon for painting old terminal, hardware revisions, exterior operators for fire doors, relocation of fire hydrant, fiber optic network, power for vending, retail and check point lights, and adding regulator and vent to boiler. 47. June 25, 2003 - Amendment No. 14 to M. Arthur Gensler and Associates in the amount of $24,900 for relocation of the jet bridge emergency generator, women's restroom, security checkpoint, and modification of Gate 6 for international and domestic arrivals. 48. June 27, 2003 - Award of Change Order No. 48 in the amount of $23,998.95 to Fulton/Coastcan for painting type-S light fixtures, adding four smoke alarms to baggage claim, backflow check valve at Gate 2, photocells for type-M light fixtures, electrical support for Southwest Airline move, revise cargo facility CCTV cameras, chiller expansion tank, revise doors for the temporary Southwest Airline ticketing location. 49. July 7, 2003 - Award of Change Order No. 49 in the amount of $23,562.00 to Fulton/Coastcon for Hayden W. Head sign. 50. July 28, 2003 - Award of Change Order No. 50 in the amount of $22,923.05 to Fulton/Coastcon for modifications to the Southwest Airline Air Traffic Operations area, modification of existing fire sprinklers, additional ticket lobby restroom signage, underground utilities for concourse expansion, power to temporary Aero Mex location, revision of cargo building participation to tenants' requirements, removal of transite material, and wall grills in cargo building. 51. September 23, 2003 - Amendment No. 15 to M. Arthur Gensler and Associates in the amount of $16,250 for documentation of revisions to west and east administrative offices, specification of furniture, meetings with Art Task Force, improvement of lighting in security checkpoint area, design and document Terminal primary sign and lighting adjacent to McGregor murals. 52. September 24, 2003 - Award of Change Order No. 51 in the amount of $24,802.51 to Fulton/Coastcon for automated chiller valve operation, 277 volt lighting circuits, and chiller piping modifications. 53. October 24, 2003 - Award of Change Order No. 52 in the amount of $24,189.76 to Fulton/Coastcon for upgrade of the temporary partition, additional signage, and finish trim not included on plans. 54. November 6, 2003 - Award of Change Order No. 53 in the amount of $23,766.51 to Fulton/Coastcan for modification of AHU ducts, modification of Southwest Airline ticket counters, additional exterior hose bibs and gate operator power. Page 6 of 6 H:\HOME~KEVlNS\GEN'~AIR\N EWTE RIV~AE#18AWDPdorActionsExhB.doc CONTRACT SUMMARY Section II. SCOPE OF SERVICES, G. ADDITIONAL SERVICES, will be amended by the addition of item 34. 34. The Architect will develop and prepare bid, contract and other documents necessary for the City to advertise and receive bids for the build-out of the Federal Inspection Station and Transportation Security Administration lease spaces. The bid proposal will ensure that prices are clearly identified provided for the Federal Inspection Station and Transportation Security Administration. Section III. FEES Authorized is amended to read: III. FEES AUTHORIZED The additional service fee authorized by Amendment No. 18 consists of a total not to exceed fee of $40,640. IExhibit C I Page 1 of 1 H:~IOME~EVIN S\GEN~AIR~NEWTERMV~E#18AWDConSurnmarTExhC.doc File : \ Mproject \ councilexhibits \ exh10 71.dwg San Pa~ricio Coun~.v N CORPUS CHRISTI BAY PROJECT LOCATION 1000 INiEh~NATIONAL DRIVE CORPUS CHRISTI, TEXAS L OCA TION MAP NOT TO SCALE TERMINAL PARKING LANDING APRON RMINAL BUILDING LANDING APRON PROJECT SITE NOT TO SCALE CITY PROJECT NO. 1071 EXHIBIT "D" CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL CONSTRUCTION PROGRAM 2000 FAA AlP $-48-0051-28-00 01~ ~ CORPUS CHRIS~ 'fEXAS CZTY COUNCZL EXHZBZT D~ARTMENT OF ENGINEERING SERVIC~ PAGE: I of 1 DA~: 02-10-2004 12 AGENDA MEMORANDUM February '10, 2004 SUBJECT: McKinzie Road Street Improvements, Bond Issue 2000 Acquisition of Parcels 5 & 5UE AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Warranty Deed and a Utility Easement with D.H. Braman, et al in the amount of $40,439 for Parcels 5 and SUE, both parcels being out of Lots 49, 50, 51, and 52 of the Artemus Roberts Subd. and the Adams, Beaty, and Moulton Survey No. 411, Abstract 554, located along the west side of McKinzie Road, south of Haven Drive, in connection with the McKinzie Road Street Improvement Project, Haven Dr. to South City Limits, Phase 2, Bond Issue 2000. ISSUE: The Texas Department of Transportation will improve McKinzie Road, from Haven Drive south to the City Limit line, for approximately 2.6 miles. The City is obligated to acquire additional right-of-way as well as provide utility relocations and adjustments. The project requires the acquisition of five parcels of land within this project area. Land Acquisition staff has concluded negotiations with the landowners for Parcels 5 and 5UE in the amount of $40,439. City Council approval is required for expenditures exceeding $25,000. REQUIRED COUNCIL ACTION: Authorize the acquisition of these parcels and approve the expenditure of funds from the Street Bond Fund. FUNDING: Street Bond Funds (Bond Issue 2000) 550701-1020-11155 RECOMMENDATION: Approval of the motion as presented. _Angel R Escobar, P E. D~rector of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Parcel Map Exhibit C information Summary H:\HOME\EUSEBIOG\GENgAgenda Items\McKenzie Rd.Braman~Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: McKinzie Road Street Improvements, Bond Issue 2000 Acquisition of Parcels 5 & 5UE PRIOR COUNCIL ACTION: November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election (Bond Issue 2000) 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) FUTURE COUNCIL ACTION: Council will be required to: Authorize the award of future construction contracts and amendments; and authorize the approval of any other parcels in the project where acquisition cost exceeds $25,000. PROJECT BACKGROUND: The Texas Department of Transportation (TxDOT) will improve McKinzie Road from Haven Drive south to the city limits, approximately 2.6 miles. These improvements will consist of two 12-foot wide travel lanes and two 10-foot wide shoulders including drainage improvements. The city is obligated to provide additional right-of-way as well as utility relocations and adjustments for the project. Five parcels of land are required for acquisition. Land Acquisition staff obtained appraisals for each parcel from Thomas Dorsey, MAI and offers were made to each landowner based on the appraisals. Negotiations have concluded with the landowners for Parcels 5 and 5UE. As explained in the attached Information Summary, Exhibit C, an administrative settlement of $40,439 was presented to and accepted by landowners. This is the largest of all the parcels required and the third one acquired to date. San Jacinto Title Company will provide a title policy and closing services for Parcel 5. \\CLSTRI_USERS2_SERVER\USERS2\HOME\EUSEBIOG\GEN~.Agenda Items\McKenzie Rd,Braman\Background.doc Exhibit A File : \Mproject\councilexhib#;s\exh6239. dwg Poterson Pork N TULOSO HIGH SCHOOL HAVEN RD Turke Creek PARCEL 5, 5UE PROJECT LIMITS ~ TO ROBSTOWN CITY PROJECT No. 6239 VICINITY MAP NOT TO SCALE HWY 44 TO C.C. ~ - EXHIBIT B PARCEL 5, 5UE CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPOSIT OF ENGINEERING SER~CES PAGE: 1 of I __-~.-- ~: 01-23-2004 INFORMATION SUMMARY Owner: D.H. Braman, et al. Location: Just south of Haven Drive along the west side of McKinzie Road Zoning: R-1 b, Single-Family Dwelling District Size: Parent tracts - Fee simple taking Utility Easement taking - 323 acres 4.027 acres (40 ft. wide) 1.804 acres (15 ft. wide) Total Length: :1:5,239 linear feet of fee simple. Platted: No Assessed Value: $323,200 or $1,000/acre (2002) Appraised Value: $3,000 per acre per Thomas Dorsey, MAI Fee Simple $12, 081 Utility Easement - $ 4,059 Crop Damages $ 2,526 Total Just Compensation $18,666 Rounded $18,700 Negotiated Price: The appraised value of $18,700, which was based on agricultural lands, was offered to the landowners. The owners countered with $80,000 which was based on commercial land values that are prevalent on the northern end of this project area. They also presented current sales information from their adjoining property, which is under current development. Land Acquisition staff then reviewed the range of land values along this right-of-way taking and determined a compromise settlement offer of $40,439. This administrative settlement offer was presented to the landowners and accepted, pending City Council approval. Due to the scheduling of this project and the potential for a high award in condemnation, it is in the City's best interest to settle at this amount. \\CLSTR1 USERS2_SERVER\USERS2\HOME\EUSEBIOG\GEN~Agenda Summary~'Braman.doc [tems\McKenzie Rd. Braman\ln formation Exhibit C 13 AGENDA MEMORANDUM DATE: February 10, 2004 SUBJECT: Wastewater Clean-Out Installation Program FY 2002-2003 (Project No. 7279) CHANGE ORDER NO. 1 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 with Rycon E & C, LLC in the amount of $82,280 for the Wastewater Clean-Out Installation Program FY 2002-2003. ISSUE: The residential sanitary service lines that do not have clean-outs must be broken into by the Wastewater Department to clear stoppages. These service lines need to be repaired to prevent debris and surface water from entering the collection system, causing line blockages and/or overloading of treatment plants during heavy rainfall events. The Wastewater Department has an on-going program installing clean-outs to avoid the problem in the future. This Change Order requires Council Action. FUNDING: Funds for this project are available in the FY 2002-2003 Wastewater Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, Director of Wastewater Department ~ir~l R. Escobar, P. E., ector of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit "B" Change Order Summary Exhibit "C" Location Map H:~USERS2',HOME~VELMAR~GEN~WASTEWAT~7279~CHANGE ORDER NO I~AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Wastewater Clean-Out Installation Program FY 2002-2003 (Project No.7279) CHANGE ORDER NO. 1 PRIOR COUNCIL ACTION: 1. February 29, 2000 - Motion awarding a construction contract in the amount of $79,500 to either Quality Machine & Equipment Company or Rycon Construction for the FY 1999-2000 Wastewater Clean-Out Installation Program. The two firms submitted identical bids. The successful bidder, Quality Machine & Equipment Company, was chosen by the casting of lots (Motion No. M2000-065). 2. October 17, 2000 - Motion awarding a construction contract in the amount of $93,916 to Quality Machine & Equipment Company for the FY 2000-2001 Wastewater Clean-Out Installation Program (Motion No. M2000-371). 3. April 16, 2002 - Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $161,435 with Rycon E & C, LLC for the Installation of Wastewater Clean-Outs FY 2001-2002 (Motion No. M2002-098). 4. April 15, 2003 - Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $335,370 with Rycon E & C, LLC for the Wastewater Clean-Out Installation Program FY 2002-2003 (Motion No. M2003- 142). BACKGROUND INFORMATION: The Wastewater Department assumes the responsibility for all sanitary sewer lines within public rights-of-way and easements. When a blockage occurs in a service line and there is no clean-out, the line must be exposed and broken into to see if responsibility for the problem lies with the City or the property owner. Once the blockage has been cleared, the broken pipe must be replaced and a clean-out installed. Because many Corpus Christi homes were constructed before clean-outs were required in the City's Plumbing Code, the Wastewater Department has accumulated numerous work orders for clean-outs. CHANGE ORDER NO. 1: The Wastewater Department has an on-going program installing clean-outs. Change Order No. I consists of 187 additional clean-outs which includes the following: · Excavation of existing service lines · Removal of damaged pipe · Installation of new PVC clean-out assemblies · Site clean-up · Backfill It is cost efficient to include the work on the existing construction contract to benefit from the contractor's price of the work. EXHIBIT "A" Page 1 of 1 H ~USERS2~HOME~VELMAR~GEN~WASTEWAI~72791CHANGE ORDER NO I~AGENDA BACI(GROUND DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET February 2, 2004 PROJECT: Wastewater Clean-Out Installation program FY02-03 Project No: 7279 APPROVED: City Council on 4/15/03., by Motion No. M2003-142 CONTRACTOR: Rycon 3316 N FM 1355 Kingsville, TX 78363 TOTAL CONTRACT AMOUNT .................... 25% Limit Amount .............................. Change Order No. 1 (1/23/04 ...................... Total ............................................................ $335,370.00 83,842.50 82,280.00 82,280.00 = 24.53% < 25% EXHIBIT "B" Page 1 of 1 \ Mproject \ councilexhibits \ exh 72 79.dwg N NUECES BAY CORPUS CHRISTI BAY LAGUNA MADRE NOTE: CITY WIDE PROGRAM LOCATION OF PROJECTS TO BE DETERMINED BY WASTEWATER DEPARTMENT GULF OF MEXICO LOCATION MAP NOT TO SCALE PROJECT No. 7279 EXHIBIT "C" WASTEEATER CLEAN-OUT INSTALLATION PROGRAM FY2002-2003 CIT"~ OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE:02/03/2004 14 AGENDA MEMORANDUM DATE: February 10, 2004 SUBJECT: Bayfront Master Plan AGENDA ITEM: Ordinance appropriating $20,000 from the Port of Corpus Christi into Park CIP Fund No. 3280; for the Bayfront Master Plan; and amending the Capital Budget FY2002-2003 adopted by Ordinance No. 025144 by increasing appropriations by $20,000; and declaring an emergency. FUNDING: Funds are available from the Park CIP Fund upon appropriation and the Engineering Services Fund RECOMMENDATION: Approval of the resolutions, ordinance and motion as presented. A~'~. F~. 'E~cobar, P, E. D~rector of Engineering Services Attachments: Exhibit A - Additional Information Exhibit B - POCCA Letter H:~HOM E~EVINS\GEN\BayfrontMasterPlan\POCCAMemo.doc ADDITIONAL INFORMATION SUBJECT: Bayfront Master Plan BACKGROUND: The Port of Corpus Christi had not approved funding when Council appropriated funding on December 16, 2003. The Port of Corpus Christi Board approved funding for the project during their January meeting. (See Exhibit B.) Appropriation by Council is necessary before the funds can be expended. PRIOR COUNCIL ACTION: December 16, 2003 · Resolution Authorizing the City Manager or his Designee to Execute an Interlocal Cooperation Agreement with the RTA in the Amount $20,000 for the Bayfront Master Plan (Res. No. 025598); Resolution Authorizing the City Manager or his Designee to Execute an Interlocal Cooperation Agreement with the Downtown Management District in the Amount $20,000 for the Bayfront Master Plan (Res. No. 025599); · Resolution Authorizing the City Manager or his Designee to Execute an Interlocal Cooperation Agreement with the Metropolitan Planning Organization in the Amount $20,000 for the Bayfront Master Plan (Res. No. 025600); · Resolution Authorizing the City Manager or his Designee to Execute an Interlocal Cooperation Agreement with the Port of Corpus Christi Authority in the Amount $20,000 for the Bayfront Master Plan (Res. No. 025601); · Ordinance appropriating $20,000 from the RTA into Park CIP Fund No. 3280; and appropriating $20,000 from the Downtown Management District into the Park CIP Fund No. 3280; and appropriating $20,000 from the Metropolitan Planning Organization into the Park CIP Fund No. 3280 for the Bayfront Master Plan; and amending the Capital Budget FY2002-2003 adopted by Ordinance No. 025144 by increasing appropriations by $60,000; and declaring an emergency (Ord. No. 25602); and · Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 with Thompson Ventulett and Stainback and Associates, Inc. for planning services associated with development of a Bayfront Master Plan (M2003-459). FUNDING: Funding is available upon appropriation. L EXHIBIT "A" J Page 1 of 1 H:~HOME~KEVINS\GEN~ayfrontMasterPlan\POCCAbkgExhA doc OF CORF'US CI-IRISTI John ~ LaRue EXECUTIV£OIRECTOR January 27, 2004 Ms Lis t Aguilar As:iistm ~: City Attorney Ci~/of Corpus Clu:isti PIp. B~,x 9277 Co:~pus .7hristi, Texas 78469-9277 .lAN 2 9 2004 ENGINEERING SDtwu~5 Dear Mn. Aguilar: ]n reference to the Interlocal Agreement between the Port of Corpus Christi and thc Cit5 regarding funding for the Bayfront Master Plan, our legal counsel has advised thn: it is not necessary for the Port Authority to execute an Interlocal Agreement for this project. Wmply submit an invoice to the Port in the amount of $20,000 when the work is srbstantially complete and the monies will be forwarded to the City as quickly as possible. On the invoice, please reference the "Bayfront Development Master Plan". It' you have any questions, please do not hesitate to cai1. I can be reached at 885- JFL/sld ~ ~[r. Mike Mahaffey I,egal Counsel Sincerely, John P. LaRue Executive Director Website: www.po~tofcorpuschristL corn 222 PowerStreel Corpus Christi, TX 78401 o RO. Box 1541 Corpus Christi, IX 78403 - TEL: 361-882-5633 o FAX: 361-882-7110 ORDINANCE APPROPRIATING $20,000 FROM THE PORT OF CORPUS CHRISTI IN10 PARK CAPITAL IMPROVEMENT PROGRAM FUND NO. 3280 FOR THE BAYFRONT MASTER PLAN; AMENDING THE FY 2002-2003 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 TO INCREASE APPROPRIATIONS BY $20,000; AND DECLARING AN EMERGENCY BE lit ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $20,000 from the Port of Corpus Christi is appropriated into the Park Capi[al Improvement Program Fund No. 3280 for the Bayfront Master Plan. SECTION 2. That FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 is amended hy increasing appropriations by $20,000. SECTilON 3. That upon written request of the Mayor or five Council members, copy attachgd, t!~e City Council (1) finds and declares an emergency due to the need for imme¢liate 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 r~.ading as an emergency measure this the day of ,2004. ATTFST THE CITY OF CORPUS CHRISTI Armando £hapa City Secretary Approved: February 6, 2004 L~sa ~luilal ~(.~ Assis':a nt C ~ty Attorney for Cil:y Attorney Samuel L. Neal, Jr. Mayor Corpus Chdsti, Texas Day of ,2O04 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, 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 City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 15 AGENDA MEMORANDUM DATE: February 10, 2004 SUBJECT: Desalination Projects AGENDA ITEM: Ordinance Clarifying the Definition of Well in Section 35-24, Code Of Ordinances, City of Corpus Christi; Providing for Severance; and Providing for Publication. FUNDING: This item requires no expenditure of funds. RECOMMENDATION: Approval of the ~nce as prese~ed, j ,~el~R. Escobar, P.E. '' ' "U"~dm'E~Gara~'a,'l~:~. ~3/f~)d Director of Engineering Services Director of Water Services ¢ ~[ - -- Attachments: Exhibit A - Additional Information H:~-IOME\KEVIN S\GEN\WATER~DESALINA\Wel[OrdinanceMemo.doc ADDITIONAL INFORMATION SUBJECT: Well Ordinance BACKGROUND: The City is preparing to drill a number of test wells associated with desalination initiatives. The wells will be used to determine the quality, quantity and sustainability of groundwater use for desalination. The wells will also help determine the economic viability of aquifer storage and recovery. During the course of preparing to drill the wells, it was determined that the City Code of Ordinances regulating hydrocarbon production (oil and gas wells) addressed water wells with a depth of greater than 350 feet. The intent of the code as set forth by Section Sec. 35-1 cleady sets forth "...that chapter shall govern the exploration, drilling and production of hydrocarbons and matters incident thereto...." However, Section 35-24 of the ordinance specifically mentions water. Water is a common by product of hydrocarbon extraction, with injection wells being used for disposal. PROPOSED AMENDMENT: The ordinance clarifies that the term well does not include a municipal water supply well or a well used as part of a municipal aquifer storage and recovery system. EXHIBIT "A" J Page 1 of 1 H:\HOME~KEVINS\GEN\WATER\DESAUNA\WelIOrdinanceBkgExhA,doc AN ORDINANCE CLARIFYING THE DEFINITION OF WELLIN SECTION 35-24, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE;AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 35-24, Code of Ordinances, is revised to read as follows: "Sec. 35-24. "Well." 'q'he term '~vell" means any hole, excavation or bore downward from the surface, intended to extend three hundred fifty (350) feet or more into the subsurface, made by any means or manner, for the purpose of exploring for, discovering, producing, or injecting hydrocarbons, water or other mineral, and which has not been officially plugged and abandoned. As used in this Chapter, the term "well" does not include a municipal water supply well or a well used as part of a municipal aquifer stora.qe and recovery system." SECTION. 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 of this ordinance be given full force and effect for its purpose. SECTION. 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. R43803A2.doc Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of ,2004 by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the ATTEST: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott __ day of ,2004. Armando Chapa City Secretary APPROVED: 4th day of February, 2004: R. J~'l~ning / First A~sistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor 2 R43803A2.doc 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 10, 2004 AGENDA ITEM: Authorizing the City Manager, or his designee, to execute a first amendment to the lease agreement with Great Western Soccer League, a non-profit organization, for the use of Terry and Bobby Labonte Park for its soccer program in consideration of Gmat Western Soccer League maintaining the promises and improvements; providing for severance; and providing for publication. ISSUE: Gmat Western Soccer League has requested an amendment to their lease so that they maintain the Premises and all Improvements during its soccer season, not on a year round basis. Also, an amendment to the Promises in Exhibit A has been requested. REQUIRED COUNCIL ACTION: The City Council must approve all amendments to multi- year leases. PREVIOUS COUNCIL ACTION: The City Council previously approved a five-year lease with Gmat Western Soccer League. FUNDING: No funding involved. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the amendment to the lease with Gmat Western Soccer League for the use of Terry and Bobby Labonte Park. David Ondrias, Acting Director Park and Recreation Department Attachments: Background Information Map I BACKGROUND INFORMATION Groat Western Soccer League has been using the fields at Terry and Bobby Labonte park for youth soccer programs since February 1997. They entered into a five-year lease in January 2002. EXHIBIT A KEY LEASE AREA Y AND BO~3Y ~ PARK Page 9 of 10 Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIRST AMENDMENT TO THE LEASE AGREEMENT WITH GREAT WESTERN SOCCER LEAGUE, A NON-PROFIT ORGANIZATION, FOR THE USE OF TERRY AND BOBBY LABONTE PARK FOR ITS SOCCER PROGRAM IN CONSIDERATION OF GREAT WESTERN SOCCER LEAGUE MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a First Amendment to the Lease Agreement with Groat Westem Soccer League, a non-profit organization, for the use of Terry and Bobby Labonte Park for its soccer program in consideration of Great Western Soccer League maintaining the premises and improvements. A copy of the First Amendment to the Lease Agreement, including an exhibit that is attached to and incorporated into the lease, is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 3. 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 Chdsti. H:\LEG-DIR\DoyleD.Curtis~IYDOCS~003.04~-EASE .ORD~O12704DC.Great,Westem. Soccer. lstAmend,Lease-Ord-doc Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the__ day of ,2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenem Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scoff That the foregoing ordinance was read for the second time and passed finally on this the__ day of ,2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED on the__ day of A'Fi'EST: William Kelly Rex A. Kinnison Jesse Noyola Mark Scott Armando Chapa City Secretary ~~a n~j~,<~ 'Doyl~ D~,urtis- Chief, Aaministrative Law Section Senior Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-D~R~D~y~eD~urtis~v~YD~CS~2~3~4~-EA~E~RD~3127~4DC~Great~estern~S~ccer~1stAmend~Lease~rd~d~c 17 CITY COUNCIL AGENDA MEMORANDUM January 20, 2004 AGENDA ITEM: Ordinance amending Article V, Code of Ethics, Chapter 2, Code of Ordinances, relating to outside employment ISSUE: When a city employee receives outside employment from a business that has dealings with the employee's department, there is a potential for conflict of interest. The Code of Ethics should be amended to specifically prohibit such employment relationships to avoid appearance of impropriety. REQUIRED COUNCIL ACTION: Approve the ordinance. PREVIOUS COUNCIL ACTION: The last amendment to the City Code of Ethics was in October 2001. FUNDING: No funding is required. CONCLUSION AND RECOMMENDATION: That the City Council approve the ordinance. Mary l~ay Fi~/ch~ City Attorney BACKGROUND INFORMATION City Policy No. H. R. 5.0 provides that non-collective bargaining employees must receive the approval of their department director prior to accepting outside employment. The policy identifies factors to consider in evaluating the request which include potential for actual or perceived conflict of interest. The policy defines a conflict of interest generally as any outside employment activity or transaction that could be enhanced or otherwise of benefit to the outside employer because of the public position held by the employee, or any outside employment activity which unduly influences the employee in the performance of his or her City-related functions, or any outside employment which is in conflict with the City's Ethics Ordinance No. 20781. Ordinance No. 20781 as amended is codified in the City Code of Ordinances at Sections 2-311 through 2-315, and at 2-320 through 2-334, and 2-340 through 2-349. Section 2-311 (8) addresses outside employment: You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your independent judgment in the performance of your duties, or reflect discredit upon the city. Situations have arisen where an employee has been offered outside employment with a business that has dealings with the employee's department. The current ordinances to not specifically prohibit this outside employment. It has happened that an employee will accept outside employment with a company required to submit work to the employee's department for approval. Even though the employee does not personally review the work submitted by the business, there may be the appearance of impropriety. The City has received complaints from members of the public that the outside employer is getting special treatment from the department because of its relationship with the employee. To avoid the appearance of impropriety, the current Code of Ethics should be amended to prohibit outside employment with a company that is required to submit work for approval to the employee's department. The proposed amendment to the Code of Ethics adds a new section which reads as follows: As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is subject to review or inspection by your department, even if you do not personally review or inspect the work of the business or individual. The Ethics Commission approved the proposed ordinance at their September 11, 2003 meeting. ORDINANCE AMENDING ARTICLE V, CODE OF ETHICS, CHAPTER 2, CODE OF ORDINANCES, RELATING TO OUTSIDE EMPLOYMENT; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 2-311 Code of Ordinances is amended by adding new paragraph (23) to read as follows: "Sec. 2-311. Standards. "The following rules of conduct apply to all council members, board members, and employees: "Provisions for employees: "(23) As an employee, you may not be employed by any business or individual who has business dealin.qs with or for your department, includin.q any work that is subiect to review or inspection by your department, even if you do not personally review or inspect the work of the business or individual." SECTION 2. 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 of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented under this ordinance shall subject the employee to appropriate disciplinary proceedings as provided in Section 2-313 of the City Code of Ordinances. SECTION 4. 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 5. This ordinance shall take effect upon publication. Jan 27 2004 Ethics Code amendments.doc 2 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ., 2004, by the follOwing vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the __ ATTEST: ., 2004 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of ,2004. Armando Chapa City Secretary APPROVED: January 20, 2004 By: Lisa Aguilat,~) Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Jan 27 2004 Ethics Code amendments.doc 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February t0, 2004 AGENDA ITEM: Authorizing the City Manager, orthe City Manager's designee, to submit a grant application to the U. S. Bureau of Reclamation in the amount of $12,100 for technical and financial assistance to develop and implement a Water Management and Conservation Plan, with a City match of $12,100 in the No. 4010 Water Fund, and a total project costs of $24,200. ISSUE: The U.S. Bureau of Reclamation Water Conservation Field Services Program is offering funding assistance to update the City's Water Management and Conservation Plan. REQUIRED COUNCIL ACTION: Approval of resolution. PREVIOUS COUNCIL ACTION: None FUNDING: The Water Department will provide matching funds of $12,100 from the Public Education and Communication Activity. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution. Ed6ardo Garafia, P E, Water Director A~Iachments Resolution [] I I I BACKGROUNDINFORMATION I I I In 2003, the State Legislature approved H.B 2660 amending Section 11.1271 of the Water Code to require water utilities to amend their Water Management and Conservation Plan (WMCP) to include specific quantifiable 5 year and 10 year targets for water savings. The WMCP must identify goals to reduce water loss and improve efficiency in municipal per capita water use. Municipalities must submit a new water conservation plan to the Texas Commission on Environmental Quality by March 1, 2005. In addition, Section 210 (b) of the U. S. Bureau of Reclamation Reform Act of October 12, 1982 contains provisions raquiring municipalities that have executed repayment or water service contracts to develop and submit Water Management and Conservation Plans. The City and the Nueces River Authority entered on June 30, 1976, into repayment contract No. 6-07-01-X0675, as amended, with Reclamation for payment of the reimbursable cost of construction and operation and maintenance of the Nueces River Federal Reclamation Project. The City is obligated by the Reclamation Reform Act to develop an effective Water Management and Conservation Plan and program to be updated at a maximum five-year interval. The City's last WMCP was amended in 1999. Future Council action will be needed to accept the Bureau of Reclamation's grant for financial assistance and to enter into a cooperative five-year agreement for technical and financial assistance to implement the City's Water Management and Conservation Plan. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE U. S. BUREAU OF RECLAMATION IN THE AMOUNT OF $12,100 FOR TECHNICAL AND FINANCIAL ASSISTANCE TO DEVELOP AND IMPLEMENT A WATER MANAGEMENT AND CONSERVATION PLAN, WITH A CITY MATCH OF $12,100 IN THE NO. 4010 WATER FUND, AND A TOTAL PROJECT COSTS OF $24,200 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the U. S. Bureau of Reclamation in the amount of $12,100 for technical and financial assistance to develop and implement a Water Management and Conservation Plan. The City match for this grant is $12,100 in the No. 4010 Water Fund, for a total project costs of $24,200. SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Arrnando Chapa City Secretary APPROVED: 4th day of February, 2004. R. Jay//R~ning/ Acting City Attorney Samuel L Neal, Jr. Mayor R43802A2.doc Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenem Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison 2 Jesse Noyola Mark Scott R43802A2.doc 19 AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE: TIME: PLACE: 4. 5. 6. 7. Tuesday, February 10, 2004 During the meeting of the City Council beginning at 9 a.m. City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 President Rex Kinnison calls meeting to order. Secretary Armando Chapa calls roll. Board of Directors Officers Rex A. Kinnison, President George K. Noe, General Manager Javier Colmenero, Vice President Armando Chapa, Secretary Brent Chesney Mary Juarez, Asst. Secretary Melody Cooper Vacant, Treasurer Henry Garrett Constance P. Sanchez, Asst. Treasurer Bill Kelly Mark Scott Jesse Noyola Samuel L Neal Jr. Appointment of Treasurer - Cindy O'Brien, Director of Financial Services Approval of Minutes of May 13, 2003. Financial Report. Appointment of Loan Review Committee Members. Approval of funding for NCCAA in the amount of $279,384 of HOME CHDO Funds. This funding is for down payment and closing costs assistance in the purchase of newly constructed homes for individuals at or below 80% of Area Family Median Income for Phase I of Holly Properties. Approval of funding for Terra-Genesis (TG) 303, Inc. AKA Casa de Manana Apartments, in the amount of $300,000 of HOME CHDO Funds for renovation of the apartment complex. 10. 11. Approval of funding for Housing Authority of the City of Corpus Christi in the amount of $150,000 of HOME CHDO Funds to assist 30 Iow-income residents of Corpus Christi to compliment their Section 8 Homeownership Program. Approval of funding for Merced Housing in the amount of $433,750 of HOME CHDO Funds for land acquisition and design for a proposed 204-unit development in the Northwest area of Corpus Christi at McKinzie Road and Carbon Plant Road. Public Comment. 12. Adjournment. MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION MAY 13, 2003 3:35 P.M. PRESENT: Board of Directors Rex A. Kinnison, President Javier Colmenero, Vice-President Brent Chesney (Arrived at 3:37 p.m.) Henry Garrett Bill Kelly Samuel L. Neal Jr. Jesse Noyola Mark Scott Officers George K. Noe, General Manager Armando Chapa, Secretary President Kinnison called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum was present to conduct the meeting and that notice of the meeting had been duly posted. President Kinnison opened discussion on Item 3, appointment of Ms. Melody Cooper as a board member. A motion was made, seconded and passed unanimously (Chesney absent) to appoint Ms. Cooper. President Kinnison opened discussion on Item 4, election of officers. Ms. Cooper made a motion to appoint the following officers, seconded by Mr. Colmenero, and passed unanimously (Chesney absent): General Manager - George K. Noe; Secretary - Armando Chapa; Assistant Secretary - Mary Juarez; Treasurer - Lee Ann Dumbauld; and Assistant Treasurer - Constance P. Sanchez. President Kinnison asked for nominations for President and Vice-President. Mayor Neal nominated Mr. Kinnison as President and Mr. Colmenero as Vice-President. The board voted unanimously (Chesney absent) in favor of the reappointments. President Kinnison called for the approval of the minutes of March 4, 2003. Mr. Colmenero made a motion to approve the minutes as presented, seconded by Ms. Cooper, and passed unanimously (Chesney absent). President Kinnison opened discussion on Item 6, the financial report. Mr. Noe referred to the combined balance sheet and the combined statement of revenues, expenditures and changes in fund balances as of April 30, 2003. President Kinnison noted that there was an unreserved fund balance of approximately $840,000. He asked if there was any list of eligible programs available that the board could consider funding. Mr. Noe answered that staff would meet and discuss the status of the fund compared to last year and identify any trends. Then, he said staffwould provide suggestions on how the funds could be allocated at a future meeting. President Kinnison opened discussion on Item 6, the General Manager's annual report. Mr. Noe reported that since the CCCIC began a partnership with CCHFC in 1996, they have greatly exceeded their goal of assisting 4,000 units. He reported that the CCCIC also had undertaken a number of other community improvement programs. He mentioned, for example, a program in which the old Police Department facility was renovated and then leased to the Workforce Development Corporation. He concluded that staffwould bring back some suggestions on how to utilize the unresolved balance. * Mr. Chesney arrived at 3:37 p.m. President Kinnison opened discussion on Item 8, the appointment of Mr. George K. Noe as Registered Agent. A motion was made, seconded, and passed unanimously to appoint Mr. Noe. President Kinnison called for public comment. There were no comments from the audience. There being no further business to come before the Corporation, President Kinnison declared the meeting adjourned at 3:38 p.m. on May 13, 2003. CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET DECEMBER 31, 2003 ASSETS Cash and investments Due from U S Government Mortgages receivable Accrued interest receivable Loan receivable Leasehold improvements (net of accumulated amortization) Investment in property (net of accumulated depreciation) Total assets Loan Program Special Project HOME Program Fund Fund Fund Total 1,034,426 216,420 388,706 1,639,552 434,226 0 201,000 635,226 11,571,322 0 7,740,828 19,312,150 0 0 0 0 0 0 0 0 251,024 0 0 251,024 201,407 21,047 19,750 242,204 13~492~40~5 237 467 8~350~284 221080~156 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Sank note payable Total liabilities Fund Balance: Reserved for WDC project Reserved for Kids in the Neighborflood Reserved for HOME program Reserved for mortgages Reserved for Seawall loan Unreserved Total fund balance 344,010 0 82,300 426,310 248,298 0 0 248,298 592,308 0 82,300 674,608 63,753 0 0 63,753 140,380 0 0 140,380 508,009 0 0 508,009 11,571,322 0 7,760,578 19,331,900 0 0 0 0 616,633 237,467 507,406 1,361,506 12,900,097 237,467 8,267,984 21,405,548 Total liabilities and fund balance 13~492,405 237 467 8~350~284 22~080,156 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE FIVE MONTHS ENDED DECEMBER 31, 2003 Contribution from Federal Government Interest on loans Interest on investments Rental income Miscellaneous Total revenues Loan Program Special Project HOME Program Fund Fund Fund Total 512,506 0 680,353 1,192,859 32,675 0 8,546 41,221 3,174 45 91 3,310 48,502 0 0 48,502 1,086 0 227 1,313 597,942 45 689,217 1,287,204 Expenditures: Grants Warranty Work Community Development administration Loan processing Accounting services Interest expense Miscellaneous Accumulated amortization- forgivable loans leasehold improvements Accumulated depreciation - building Total expenditures 6,982 0 587,115 594,097 0 0 0 0 0 0 12,874 12,874 0 0 23,755 23,755 0 0 0 0 5,757 0 0 5,757 0 0 0 0 22,210 0 47,243 69,453 46,486 0 0 46,486 3,108 0 0 3,108 84,543 0 670,987 755,530, Excess of revenues over expenditures Other financing sources(uses): Operating transfers in(out): Transfer From Federal/State Grant Fund Transfer to Federal/State Grant Fund Total other financing sources(uses) Excess of revenues and other financing sources over expenditures and other uses Fund balances at beginning of year(unaudited) Fund balances at December 31,2003 513,399 45 18,230 531,674 0 0 0 0 (3,367) 0 0 (3,367) (3,367) 0 0 510,032 45 18,230 12,390,065 237,422 8,249,754 12~900~097 237~46, 7 8~267~984 (3,367) 528,307 20,877,241 21 ~405~,548 CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE - Five (5) vacancies with three-year terms to 5-07-06 representing the following categories: 1 - Community at Large and 4 from among the following categories: legal, real estate agency, general/contractor/remodelor/homebuilder, architect, engineer, or residential home designer. DUTIES: Review and approve loan applications submitted through the various loan programs in accordance with the Rehabilitation Loan Handbook. COMPOSITION: Eleven (11) members - serving staggered terms as follows: five (5) for three- year terms; three (3) for two-year terms; three (3) for one-year terms. The committee shall be composed of the following representatives: 4 - members from the following professions: legal, real estate agency, general contractor/remodelor/homebuilder, architect, engineer, residential home designer; 2 - financial institutions; 1 - member individually employed in the delivery of Health and Human Services; and 4 - community at large. Appointments to be made by the Board of Directors of CCCIC (City Council). Members must comply with the City's Code of Ethics. Chairman to be selected by Loan Review Committee for a one-year term. MEMBERS **Alice Vaughan (Real Estate), Chairperson **Ben Grande (Community at Large), Vice-Chair Raul Torres (Community at Large) David Barganski (Financial Inst.) **Alynda Asher (Real Estate) David Cantu (Community at Large) Barry Lobell (Community at Large) Andrea Walter (Health/Human) Daniel Suckley (Financial Inst.) *Dipak V. Desai (Engineer) **Caroline Stahl (Realtor) ORIGINAL APPTD. DATE 3-16-93 5 -24-94 7-10-01 7-10-01 7-27-93 5-12-98 5-12-98 7-10-01 5-12-98 7-10-01 6-20-95 *Resigned **Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Alice Vaughan (Real Estate) 12 12 Ben Grande (Community at Large) 12 11 Alynda Asher (Real Estate) 12 8 Caroline Stahl (Realtor) 12 9 % OF ATTENDANCE LAST TERM YEAR 100% 92% 66% 75% OTHER INDIVIDUALS EXPRESSING INTEREST Jesus A. Leija Owner, The Leija Group. Received B.A. in Architecture from Texas Tech University in Lubbock. (Qualifies - ~trchitect) (1-29-04) Peggy Shirley Broker/Owner, Century 21 Island Estates. Attended Del Mar College and Texas A & M University for advanced Real Estate training. Volunteers at various activities at Flour Bluff Independent School District in sports and academics. Founding member of the Seashore Learning Center-Charter School. (Qualifies-Realtor) (1-29-04) Clark Smith Broker, The Village Realty. Received B.A. from Baylor University. Attended CCSU and Del Mar for Continuing Education in Computer Science and Real Estate. (Qualifies - Realtor) (2-02-04) David Wallace Broker/Owner, ERA Windward Properties. Received B.A. in Communications from Stephen F. Austin University. Receive award for Top 50 ERA Company nationwide. (Qualifies - Realtor) (1-27-04) O. Wayne Watkins Self-employed, Architect. Attended Mercer College, Army Command and General Staff College. Licensed Architect for the State of Texas. (Qualifies - Architect) (2/02/04) To: George K. Noe, City Manager Thru: Margie Rose, ACM, From: Jonathan Wagner, Acting Director of NSD Date: January 30, 2004 RE: Meeting request with the CCCIC - revised We are requesting a meeting with the CCCIC for action on the following items: The NSD has received four Requests for Proposals (RFP's) through the HOME Program. As part of the FY03 Annual Action Plan process, the City Council approved the minimal 15% ($279,384) set-aside for CHDO's. Nueces County Community Action Agency (NCCAA) and Terra Genesis (TG) 303, Inc. are currently certified CHDO's and have submitted a RFP for funding consideration. Program income in the amount of $465,0g0 has been generated from HOME Program loans. Cash match is also available in the amount of $509,0l)0. In addition, $279,384 is available, as mentioned above, for the 15% minimum CHDO set-aside. The total funding that is available for the HOME Program for fiscal year 2003 equals $1,2~3,384. The total amount of funding requested from the four proposals submitted total $t ,163,134. NCCAA is requesting $279,384 of HOME CHDO grant funding The funding is for down payment and closing costs assistance in the purchase of newly constructed homes for individuals at or below 80% of Area Family Median Income. NCCAA is in the process of completing Community Action Partnership (CAP) Estates, a 30-unit subdivision that was funded with FY2000 & FY2002 HOME Program allocation. To date, 18 of the homebuyers are in their homes, three homebuyers are closing at the end of January, eight homes are under construction and another home is under contract for construction. Program income generated from the sale of lots in CAP Estates will be applied towards Holly Properties, a 101-unit subdivision. This request will assist 15 new families for Phase 1 of Holly Properties. The funds will be used for the acquisition of the land to develop Holly Properties. At closing, the cost of lot to construct the home will be the homebuyer's down payment assistance portion. If funded, NCCAA will have to comply with the project rule (see below) that state that five or more units that are HOME assisted, 20% of the beneficiaries must be at or less than 50% ($22,850 for four persons) of Area Median Income. Terra-Genesis (TG) 303, Inc., AKA Casa de Manana Apartments, located at 4702 Old Brownsville Road is requesting HOME CHDO grant funding in the amount of $300,000 for the renovations of the apartment complex. In October of 2002, Casa de Manana was hit by a tornado. The windows and parking lot were not adequately covered under the Texas Windstorm Insurance, this includes the windows and the parking lot. Due to the age of the property, drainage issues have been experienced which have been partially repaired. In addition, certain items are in need of replacement such as flooring, appliances, a/c units, heaters, tubs and showers. These needs are necessary to continue to preserve decent and affordable housing for this Section 8 Iow-income housing property. If funded, TG303, Inc. will have to comply with the HOME Program rule (see below) that states that 90% of the units will not exceed 60% ($27,420 for four persons) of Area Median Income. The Housing Authority of the City of Corpus Christi is requesting $150,000 of grant funding to assist 30 Iow-income residents of Corpus Christi. This request will compliment their Section 8 Homeownership Program which will be used for new construction closing cost and buy down. All those assisted will be at 50% of Area Family Median Income or below. This subdivision is being developed behind the newly built Post Office on Lamont Street and Everhart Street. If funded, the Housing Authority of the City of Corpus Christi will have to comply with the project rule (see below) that state that five or more units that are HOME assisted, 20% of the beneficiaries must be at or less than 50% ($22,850 for four persons) of Area Median Income. Merced Housing is proposing to develop 204 units in the Northwest area of Corpus Christi at McKinzie Road and Carbon Plant Road. Merced Housing is requesting $433,750 ($410,000 for land acquisition & $23,750 for closing costs and legal fees) of grant funding. Merced Housing has been successful in obtaining a Low Income Housing Tax Credit from the Texas Department of Housing and CommunityAffairs in the amount of $8,750,000. In addition, mortgage financing of $5,811,900 will be provided for their development. If funded, Merced Housing will have to comply with the HOME Program rule (see below) that states that 90% of the units will not exceed 60% ($27,420 for four persons) of Area Median Income. Participating targeting standards for the HOME Program are as follows: · Program Rule for rental & Tenant Based Rental Assistance: 90% households with income not ex~cding 60% of Area Median Income · Proiect Rule: Projects with 5 or more units, 20% occupied by households at 50% or less of Area Median Income 20 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Discussion and possible action relating to the City/County Jail Contract. STAFF PRESENTER(S): Name Title/Position Department 1. P. Alvarez, Jr. 2. Judge R. Tamez 3. Chief of Police Presiding Municipal Court Judge Police Municipal Court OUTSIDE PRESENTER(S): Name Title/Position Organization ISSUE: The Nueces County Commissioners Court terminated the City-County jail contract on August 13, 2003, one week after requesting a review of costs associated with the contract. BACKGROUND: A cost review committee has been meeting since October to negotiate a new contract. With the contract expiring on September 12, 2004, the City must be prepared to deal with prisoners if an agreement cannot be reached. The City Council was presented with a summary and possible options at the January 27, 2004 meeting and requested additional information and proposals to be presented at the February 10, 2004 meeting. P. ,~lvarez, ~ Chief of Poh'~e -- Additional Background Exhibits Jail Contractual Issues 02-10-04 Original Recommendations/Proposals Establish a central magistration center — To allow for the timely magistration of prisoners arrested by the Corpus Christi Police Department. • Establish a temporary detention facility — To hold people arrested by City law enforcement officers and provide for their magistration and order for commitment by City magistrates. Detention Facility · Location Police Department 1 st floor · Relocation of Property Room · Renovation/Construction of vacated area · Detention Personnel - 2 positions per shift for 24/7 requires 9 employees (4.5 FTE per position) · Superwsor 1 Police Lieutenant · Total cost - $976,540 - Recurring = $433,540 - One Time = $543,000 Central Magistrating Center · Location: Police Department Detention Facility · 24/7 · 5 full time judges · Part time judges for weekends · Additional staff for paperwork · Video link and fax for judges after hours · Total cost = $406,414 - Recurring = $381,589 - One Time = 24,825 Total cost · Year One $1,821,389 · Year Two $1,253,564 · FY 03/04 budget $ 797,285 · Year 1 additional funds $1,024,104 · Year 2 additional funds $ 456,279 County Jail Magistration Cost Comparison by proposed option Proposal lA Proposal 1B Proposal 2 Proposal 3 Basic Requirements No. Cost No. Cost No. Cost No. Cost Additional Full Time Judges 1 $99,707 1 Additional Part Time Judges 1' $0 1' Increase for 5 Current Judges $119,410 Additional Support Staff Cost 1 $28,000 1 Video Equipment $34,415 Total 1st Year Cost$281,532 $69,854 1 $99,707 1 $99,707 $0 3 $78,132 1 $16,047 $0 $119,410 $119,410 $28,000 1 $28,000 1 $28,000 $6,000 $34,415 $34,415 $103,854 $359,664 $297,579 Recurring Costs $256,707 $99,854 $334,810 $272,754 Judge's salary is already included in current operating budget *Part time Other options being discussed · Wilson Building- 1 st floor- detention facility and mag~strat~on center - Construction of detention cells - Construction of sallyport - Parking - cost includes 10 spaces; at night back lot. · One Time $275,000 "build out" costs - As compared to $528,000 to build Provides for same floor space and can use all facility at CCPD. number of cells. · Recurring Costs $34,956 rental per year Detention Facility - Wilson BuildingS] · Location-Wilson Building on Leopard oRenovation/Constmction of ground floor · Detention Personnel - 2 positions per shift for 24/7 requires 9 employees (4.5 FTE per position) - 1 Police Lieutenant .Supervisor · Total cost -Recurring = $743,496 $468,496 -One Time = $275,000 Detention Facility Cost Comparison CCPD versus Wilson Building •Location: CCPD •Total cost —Recurring —One Time _ $976,540 _ $433,540 _ $543,000 •Location: Wilson Building •Total cost —Recurring —One Time _ $743,496 _ $468,496 _ $275,000 Other options being discussed • Renovation of Old City Jail Estimated cost $430,600 Questions 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02-10-04 AGENDA ITEM: ITEM A: A PUBLIC HEARING TO CONSIDER ADOPTING THE REVISED SOUTH CENTRAL AREA DEVELOPMENT PLAN; ESTABLISHING THE CITY'S COMPREHENSIVE PLAN POLICIES ON THE DOWNTOWN, UPTOWN, BAYFRONT, BAYFRONT ARTS AND SCIENCE PARK AND SURROUNDING AREAS FOR PROTECTION OF THE ENVIRONMENT, FUTURE LAND USE, TRANSPORTATION, PUBLIC SERVICES, AND CAPITAL IMPROVEMENTS AND AMENDING RELATED ELEMENTS OF THE COMPREHENSIVE PLAN INCLUDING THE URBAN TRANSPORTATION PLAN. ITEM B: ISSUE: AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI ("THE CITY") BY ADOPTING THE REVISED SOUTH CENTRAL AREA DEVELOPMENT PLAN; ESTABLISHING THE CITY'S COMPREHENSIVE PLAN POLICIES ON THE DOWNTOWN, UPTOWN, BAYFRONT, BAYFRONT ARTS AND SCIENCE PARK AND SURROUNDING AREAS FOR PROTECTION OF THE ENVIRONMENT, FUTURE LAND USE, TRANSPORTATION, PUBLIC SERVICES, AND CAPITAL IMPROVEMENTS; RESCINDING THE SOUTH CENTRAL AREA DEVELOPMENT PLAN PREVIOUSLY APPROVED BY RESOLUTION 021169, MAY 21, 1991, AND AMENDED BY ORDINANCE 022166, FEBRUARY 28, 1995; AMENDING RELATED ELEMENTS OF THE COMPREHENSIVE PLAN INCLUDING THE URBAN TRANSPORTATION PLAN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The City Charter requires the City to maintain a Comprehensive Plan for all areas of the City and its five-mile Extraterritorial Jurisdiction. The South Central Area Development Plan was originally adopted by City Council in 1991 and its transportation element updated in 1995. An update to the Plan is needed as a number of significant changes are occurring in the South Central Area (downtown, bayfront, uptown and surrounding areas) and the City Charter requires that Comprehensive Plans be periodically updated. The purpose of the Plan is to assure a coordinated and comprehensive approach to city actions consistent with the City's vision for development and redevelopment of the area. The overall goal of the South Central Area Development Plan is to encourage redevelopment of the central city in the most efficient and comprehensive manner for the benefit of the citizens of Corpus Christi. Draft South Central Area Development Plan City Council Public Hearing 02-10-04 February 10, 2004 REQUIRED COUNCIL ACTION: Approval of an Ordinance on first reading. PREVIOUS COUNCIL ACTION: City Council Adoption of the South Central Area Development Plan May 21, 1991; Update to the Plan adopted on February 28, 1995 (See Attachment I: Background Information) CONCLUSION AND RECOMMENDATION: Staff recommends adoption of the Planning Commission recommended Plan. "-B. A. Baile~'AIC~ Director of D'~et6pment Services Mich~ei N. Gunning,~ Assistant Director of Development Services Attachments: Attachment I: Attachment Ih Attachment II1: Attachment Attachment Attachment Attachment Attachment Background Information List of Meetings which Addressed the Draft Plan City Council and Planning Commission Recommended Changes to the Draft Plan IV: Agenda, Minutes and Citizen Comments of Special Planning Commission Meeting - January 22, 2004 V: Advisory Committee Minutes VI: PowerPoint Presentation VII: Draft South Central Area Development Plan - February 10, 2004 VIII: Ordinance Adopting the South Central Area Development Plan: an Element of the Comprehensive Plan ATTACHMENTI BACKGROUND INFORMATION Subject: South Central Area Development Plan: an Element of the Corpus Christi Comprehensive Plan History: The 1986 revisions to the City Charter requires the City to maintain an up-to-date Comprehensive Plan. The Charter also requires the Planning Commission and City Council to hold a public hearing prior to adoption of any element of the Comprehensive Plan. On May 21, 1991 the City Council adopted the first development plan for the South Central Area. Several significant features of the 1991 Plan have been implemented since its adoption, most notably the realignment and beautification of IH-37 between Shoreline Boulevard and Mesquite Street, the restoration of the Historic 1914 County Courthouse, the realignment of Lawrence Street at Shoreline Boulevard, and the location of the new arena in the central area. Planning Process: The planning process approved by the City Council in January 2003 called for an updated Plan to be ready for City Council approval before the end of 2003. A key element of the planning process was the formulation of a detailed list of issues (Appendix A of the Plan) to be addressed by residents, business owners, and developers in the South Central area. The ad hoc South Central Stakeholders Group was formed to provide feedback to issues and initial drafts of the Plan. Staff met with the Stakeholders Group on seven occasions between May and September (See Attachment II - List of Meetings held on the Plan). In addition, the draft South Central Plan was presented for review, comment and endorsement to the City's Transportation, Park, Museum, and Watershore Advisory Committees. On November 19th, the Planning Commission conducted the second public hearing on the Plan and recommended City Council adoption with a number of revisions to the draft Plan. On December 9, 2003, Staff presented the draft South Central Plan to City Council. City Council made two revisions to the Plan (See Attachment III). In addition, the City Council recommended that a public meeting be conducted to get more community input on the draft Plan. On January 22, 2004, the Planning Commission conducted a special community meeting at the Bayfront Convention Center. The meeting was attended by approximately 150 citizens. In addition to Development Services Department staff, a number of other Departments were represented at the public meeting including Engineering Services, Park Draft South Central Area Developn'tent Plan City Council Public Hearing 02-10-04 February 10, 2004 and Recreation, Budget and Management, Museum, and Public Relations. All citizens who attended the meeting were invited to speak to the group and / or visit with individual staff members concerning their comments on the South Central Area Development Plan. Attendees were also invited to submit written comments on prepared note cards. Public notices for the meeting included direct mailings to over 150 individuals and groups and posting of notices in numerous public facilities including City Hall, all city libraries, CCISD lobby, CC Museum of Science and History, and ail Senior Centers. Several organizations e-mailed notices to their members including the Downtown Management District, the local American Institute of Architects, the League of Women Voters, and the Livable Communities Initiative. In addition all tenants of the City Marina received e-mail notices. The meeting was covered in advance and well reported by the Caller Times, several radio and TV stations and posted on the City's website. A follow up public hearing was conducted by the Planning Commission at their regularly scheduled meeting of January 28, 2004. At the meeting, the commission reviewed public comments, suggested several changes to the draft Plan (See Attachement III) and recommended City Council adoption. The Planning Commission lauded stafffor its efforts in formulating the Plan. Plan Mission Statement The mission of the South Central Area Development Plan is to facilitate redevelopment of the South Central Area over the next 25 years for creating a thriving central area community in which to live, work, play, raise a family, invest and visit. The City will focus on implementing the City's South Central Area Development Plan in order to promote a vibrant central business district, revitalized inner city residential neighborhoods, and expanded economic opportunities, more choices for recreation activities, and cultural entertainment within the area. Draft South Central Area Development Plan City Council Public Hearing 02-10-04 February 10, 2004 Attachment II List of Meetings which Addressed the Draft South Central Area Development Plan 1. Stakeholder Group Meetings May 8, 2003 May 22, 2003 June 12, 2003 July 10, 2003 July 31, 2003 September 11, 2003 September 25, 2003 2. Water-Shore Advisory Committee October 2, 2003 October 15, 2003 November 6, 2003 3. Park Advisory Committee October 8, 2003 October 15, 2003 4. Transportation Advisory Committee October 27, 2003 5. Museum Advisory Committee January 8, 2004 6. Planning Commission October 22, 2003 November 5, 2003 November 19, 2003 January 22, 2004 January 28, 2004 7. City Council December 9, 2003 Draft South Central Area Development Plan City Council Public Hearing 02-10-04 February 10, 2004 ATTACHMENT III CITY COUNCIL REVISIONS DURING DECEMBER 9, 2003 PRESENTATION 1. Revised policy statement E.2- Festival Park (Page 30): Heritage Park has been included as a possible festival site location. 2. Revised policy statement G.2- Strategic Action Committee (Page 42): Regarding the proposed Strategic Action Committee for implementing the plan recommendations, Commercial Realtors have been added to the list of specialist that should be included on the Strategic Action Committee. PLANNING COMMISSION RECOMMENDED CHANGES TO THE DECEMBER 9, 2003 DRAFT SOUTH CENTRAL AREA DEVELOPMENT PLAN RECOMMENDED AT REGULAR PLANNING COMMISSION MEETING JANUARY 28, 2004 1. Insert a new policy statement in the Land Use Section (Page 14): Policy Statement B.2 The highest priority for creation of activities on the bayfront are activities that benefit the citizens of Corpus Christi and that take advantage of the unique natural amenities of the bayfronh including wind, water and temperate climate. 2. Reword Policy Statement B.4 in the Land Use Section (Page 14): Policy Statement B.4 B,~',:!e~'ard. Create economically viable incentives for promoting development of new tourist oriented uses on private properties fronting Shoreline Boulevard~ within 90 days of adoption of this plan~ The highest and best use ofthese prlme properties is tourist- related and residential uses - not office or non-tourism related business uses. These prime properties should be developed with high-rise hotels and residential uses with tourist related retail uses occupying a majority of the ground floor. Drive-throughs and similar non-tourist uses should not be permitted on Shoreline Boulevard or the V2 block nearest the bay along side streets. Draft South Central Area Development Plan City Council Public Hearing 02-10-04 February 10, 2004 3. Insert a new policy statement in the Transportation Section (Page 27): Policy Statement C.13 Promote multi-model transportation~ including bike paths and bike parking. 4. Insert a new policy statement in the Economic Development Section (Page 29): Policy Statement D.10 The expanded Convention Center and new Arena will be a maior economic stimulus to the regional economy by bringing in revenue from outside the region. The primary, goal for the Convention Center and Arena is to operate continuously to host conventions or other events. 5. Insert a new policy statement in the Economic Development Section (Page 29): Policy Statement D.11 The City will explore renovation and adaptive reuse of the coliseum. Renovation appears to be a very cost effective approach as some cost estimates for renovation have been estimated at $4 to $5 million as opposed to new construction that could cost $20 million or more. 6. Insert a new policy Statement in the Economic Development Section (Page 29): Policy Statement D.12 Coordinate with Texas A&M University to create a new off-site campus with student housing in or in close proximity to the South Central Area. 7. Revise Policy Statement E.1 in the Public Services Bayfront Park Section (page 30): Policy Statement E.1 The City, in partnership with the Downtown Management District, the Port of Corpus Christi, the Regional Transit Authority and the Metropolitan Planning Organization will conduct a special community,vide planning process to determine the most acceptable manner in which to create a bayfront park. A fixed rail trolley with overhead electrical lines should not be located on the bayfront. Shoreline Boulevard is a formidable barrier to pedestrians attempting to cross the six travel lanes from downtown to the bayfront especially during times of large festival events. In addition, large festival events either block through traffic or reduce the City's ability to operate large convention and arena events. The special study objectives are: · Identify the best location for a permanent festival site; Draft South Central Area Development Plan City Council Public Hearing 02-10-04 February 10, 2004 Determine the feasibility of reducing Shoreline Boulevard from six travel lanes to four taking into account existing and future traffic levels and street improvement projects; Determine if traffic calming devices including reduced speed limits and demarcated pedestrian crossings on the travel lanes should be planned on shoreline Boulevard; Address the possibility of using Water Street as a relief route for downtown commuter traffic; · Make signalized pedestrian crossings one cycle; · Illustrate the visual impact of views from Shoreline Boulevard to the bay; Consider the AIA's 2003 concept plan to create a bayfront park, as well as other plans which have been considered over the last twenty years, e.g. Bayfront Activities Committee (1985), the Gateway Project of 1996-97, etc.; Implement a community consensus building process to determine the most acceptable bayfront park design. 8. Revised Policy Statement E.15 in the Public Services Marina Section (Page 32): Policy Statement E.15 Protect and promote the Marina primarily for marina uses. Enhanced marina facilities will include expansion and improvement of the existing Marina facilities. Improvements should include additional boat slips, both large and small berths, transient and charter boat slips, restrooms with showers, pump out station and holding tank, fueling station, a ship's store, laundry, marina offices, etc. A more comprehensive and detailed capital improvement project list is listed in the Capital Improvements Chapter F. 9. lnsert a new policy Statement in the Public Services Marina Section (Page 33): Policy Statement E.21 Extend the marina breakwater southward to create a protected sailing area in front of McGee Beach~ Emerald Beach and Cole Park. Draft South Central Area Development Plan City Council Public Hearing 02-10-04 February 10, 2004 ATTACHMENT IV Agenda, Minutes and Citizen Comments Special Planning Commission Meeting On January 22, 2004 AGENDA SPECIAL PLANNING COMMISSION MEETING Thursday - January 22, 2004 Bayfront Convention Cenler Room 203b 6:00 P.M. COMMISSIONERS: David Berlanga, Chairman Shirley Mims, Vice Chairman Neill F. Amsler Michael Pusley Elizabeth Chu Richter Etoy H. Salazar Richard Smith Bryan Stone Robert Zamora STAFF: Barbra Bailey, A1CP, Director of Development Services Michael N. Gunning, AICP, Assistant Dir. of Development Serv./Planning Section Margie C. Rose, Assistant City Manager Joseph F. Harney, Assistant City Attorney Robert E. Payne, A1CP, Senior City Planner Mic Raasch, AICP, City Planner Willie Pulido, City Planner Scott Dunakey, City Planner Si usted quiere dirigirse a la comision y su ingl6s es limitado, habrfi un interprete de espafiol a ingl6s en la junta para ayudarle. 5:30 P.M. - 6:00 P.M. DOORS OPEN WITH STAFF AVAILABLE FOR QUESTIONS II. 6:00 P.M. - 6:05 P.M. CALL TO ORDER Chairman's opening remarks and introduction of Stakeholders Group Ill. 6:05 P.M. - 6:40 P.M. PRESENTATION OF THE DRAFT SOUTH CENTRAL AREA DEVELOPMENT PLAN IV. 6:40 P.M. - 7:00 P.M. BREAKOUT QUESTIONS AND FEEDBACK TIME During the "break-out questions and feedback" time, people will be able to go directly to staffed information tables to find out more about how the Plan addresses: A. Environment, Land Use and Transportation; B. Park and Recreation including bayfront and marina areas; C. Utilities and Capital Improvements; D. Economic Development; E. Planning History. (Over) · "Special Planning Commission Meeting - January 22, 2004 South Central Area Development Plan .January 16, 2004 V. 7:00 P.M. - 8:30 P.M. REGROUP FOR CITIZEN COMMENTS AND SUGGESTIONS V. 8:30 P.M. ADJOURNMENT POSTING STATEMENT: This agenda was posted on the City's official bulletin board in the Leopard Street entry foyer, 1201 Leopard Street at AM/PM on ,2004. Michael N. Gunning, AICP Assistant Director of Development Services/ Planning Section Minutes of Planning Commission Public Hearing South Central Area Development Plan Bayfront Plaza Convention Center, Room 203B January 22, 2004 CALLTO ORDER The public meeting was called to order at 6:15 p.m. A quorum was declared with Commissioners Berlanga, Mims, Pusley, Salazar, Stone and Zamora being present; Commissioners Amsler, Richter, and Smith being absent. Chairman Berlanga informed those in attendance that the Draft South Central Area Development Plan has been presented to several City committees and recognized the stakeholder group which was instrumental in the creation of the plan. Chairman Berlanga added that the plan would be presented to City Council on February 10, 2004. With regard to the public meeting, Chairman Berlanga explained that the public would be able to discuss specific topics with City Staff during a breakout session. He introduced Michael N. Gunning, Assistant Director of Development Services/Planning who presented a computerized slide illustration of the plan and explained its components. Mr. Gunning stated that the plan is a policy plan for development in the downtown area. After the presentation by Staff, the public was invited to meet with city Staff at the rear of the room to ask questions and provide comments. Meeting reconvened at 7:17 p.m. The public was invited to provide comment for the record. Johnny Cotton, 410 Peoples, stated that he was excited about the overall concept, but addressed certain issues such as the Coliseum being preserved. He expressed concern about demolishing old buildings. He stated that he was interested in the bayfront area which would support the design. Mr. Cotton also added the trolley idea needs to be examined and overhead lines for the trolley should be clarified and aesthetically reviewed. Michael McCutchon, 203 Jackson, stated he has brought regattas to the town. Mr. McCutchon referenced Policy Statement D-2 as a concern. He stated "residential and hotel" uses are not appropriate in the area. There is other vacant land that could be used. Mr. McCutchon stated the other uses would be appropriate as long as the marina uses are preserved. Marcie Taylor, 5 Hewit~ Drive, expressed similar concerns as Michael McCuthon. She added that she was also concerned about the lack of parkland. With regard to the seawall, Ms. Taylor was concerned about the benches on the seawall which block the view of the water. Traffic around the arena is another concern. She stated she would like access to the Art museum. Leon Loeb, 924 N. Chaparral, provided written comments. Mr. Loeb stated he has been in the downtown area since 1978. He referenced Area C emphasizing rehabilitated buildings and suggested the City research the feasibility of modular housing for infill development. Mr. Loeb stated developers do not believe the downtown area is profitable and expressed concerned that the plan did not address the urban residential and general tourism industry. Kevin Latone, General Manager of Omni Hotel/T. R. Tate Development, stated his concerns were based on the limitation or lack of use proposed for office development as being non-tourism. One Shoreline Plaza offers opportunity for hotels, i.e. revenue. Mr. Latone suggested expansion of McGee beach to the downtown area could be catalyst for economic development. He added he was opposed to the hotel-motel tax which being maintained once the new arena and Convention Center expansion are completed. Planning Commission Public Meeting Januar) 22, 2004 Page 2 Gretchen Arnold stated she was glad to see that the plan focused on multi-modal traffic. The plan should identify specific improvements for bicycling in the area. Tracy Carrillo, Executive Director of the Coastal Bend Bays Foundation, stated the plan needed to address protection of bay waters. Ms. Carrillo states she appreciated the Storm Water language in the plan, and that the language also needed to be in the Storm Water Master Plan. She added that the Shoreline Boulevard realignment needed to accommodate the traffic issue and parkland should be identified as conservation easement. Brooke Sween-McGloin, participant in the South Central Area Development Plan stakeholder group, stated she was supportive of the plan. Ms. Sween-McGloin addressed the Colisuem issue and requested that the arena should focus on outside conventions, not local. She suggested smaller functions, such as family parties and weddings, could be held at the coliseum. The trolley is an important issue, and location is critical because there are safety issues and the trolley should serve a double loaded corridor. Ms. Sween-McGloin stated she was in favor of the trolley line along Chaparral and Water Street not Shoreline Boulevard. Vince Dermis, 4501 Gollihar Road, stated that water is the most valuable asset. Another asset is the wind which is valuable to sailors. He stated $4 million was received fi.om three regattas last year and presented a proposal for the breakwater to be extended to Cole Park creating a day-sailing area and bayfi'ont park expansion. Johnny French, 4417 Carlton, stated that breakwater could be extended south to protect McGee Beach. He also suggested that the marina be treated as a park for the landmasses and opposed theme park development. Jose Flores, 717 Mohawk, addressed Policy C.I 1 and expressed concern that the grass park being proposed in fi.ont of seawall would be dangerous to pedestrians and requested that it be relocated. Bill Grady, 330 Aberdeen, requested that City Staff preserve the bayfront and marina. He expressed concern with Chaparral Street area was being abandoned. Mr. Grady stated that the City of Baltimore provided incentives for developers to move downtown. The attraction was mainly to college students and affluent persons. Frank Hanklns, 721 Crestview, stated that the marina landmasses does not need anything else put on them. Connie Valid, 302 Wavefly, agreed with previous speakers, Mr. French, Ms. Sween-McGloin, Mr. Flores, and Mr. Hankins. She added she was opposed to overdone landscape and added that the current bike paths are dangerous. Rick McCabe, 3706 Panama, stated Texas A & M University was considering extending it's location to the central area for dolms or university village. He requested that the bayfront and skyline be protected. Van Huseman, 600 Building, stated city staff should consider moving small businesses to the waterfront. He stated the plan has too much of everything, lacks a simple theme and funding sources. The plan should address the needs of local citizens. Roy Pell, 5022 Rasputen Court, stated that if a consensus is needed behind the central theme, it will not happen. He asked the Commission to focus on long range and forward a recommendation to approve the plan to City Council. Chairman Berlanga thanked the public for participating in the public meeting and expressing their comments to City Staff regarding their concerns. He reiterated that the City Council would be acting on the plan on February 10, 2004. PlanningCommissionPublicMeeting January 22,2004 Page 3 With no further business, the meeting adjourned at 8:00 p.m. (~/r) ~ Michael N. Gunning, AICP ~] ~q~ ~ ~ ~.~ Lucind~P. Beal Assistant Director of Development - - Recording Secretary Services/Planning Draft South Central Area Development Plan City Council Public Hearing 02-10-04 February 10, 2004 CITIZEN COMMENTS ON THE SOUTH CENTRAL AREA DEVELOPMENT PLAN 1. E-mail from Dr. Grady Blount (member of Museum Advisory Committee) 2. Comments from Mr. Leon Loeb 3. Suggestions and Recommendations from Mr. Trian Serbu 4. Comments from Mr. Johnny French 5. Comments from Ms. Cathy Barnard 6. Comments from Mr. Peter Higgins, Sr. 7. Copies of written comments provided at the Public Meeting on January 22, 2004 Robert Payne - Long term plan on port e~n_tran_ce ........ P~gei I From: To: Date: Subject: "Grady Price Blount" <blount@sci.tamucc.edu> <bobp@cctexas.com> 1/9/04 3:48:55 PM Long term plan on port entrance Bob: It was good to meet you and share the presentation you and Michael made to the CC Museum Board yesterday. I took the liberty of grabbing one of your base maps to illustrate the point I was trying to make yesterday. Take a look at the attached file "b]ount_plan.jpg" to see what I'm talking about. I edited your base map to show what I describe below. Basically you have TxDOT dig an auto tunnel at the south end of where the Nueces Bay causeway is now. That becomes the new entrance to the port by opening up an area of existing dredge spoil on the northshore of the current ship channel. Then you can do a couple of things: 1) Fill and reclaim the land between the Museum and the Aquarium. 2) Remove the Harbor Bridge 3) Extend the Crosstown freeway across the west side of North Beach. 4) Remove the 1-37 "gateway which cuts downtown in half. 5) The area in front of the Ortiz Center is now segregated from the remainder of the Port and could be set up as a berthing area for cruise ships. In the end, all of downtown Corpus is reconnected. We could even extend the seawall all the way to North Beach. To me, though I recognize this as a very expensive long-term project, it seems to hold the potential for transforming and integrating downtown. -Grady Price Blount posted by: Grady Price BIount, Ph.D., Chair Department of Physical and Life Sciences Texas A&M University-Corpus Christi ================================= **Scanned by McAfee WebShield e500 Appliance** CC: "Rick Stryker" <ricks@cctexas.com> Robert Payne- Commen~ On Draft $CADp .... ?~ge 1 I From: To: Date: Subject: "Leon Loeb" <lloeb@landlord-resources.com> <bobp@ci.corpus-christi.tx. us> 1/20/04 5:18:53 PM Comments on Draft SCADP Bob, here is the letter I said that I would write ... hope it is of some use. Leon 921 NORTH CHAPARRAL, SUITE 100. CORPUS CHRISTI, TEXAS 78466-6950 (361) 857-8991 ' FAX (361) 881-9797 Janua~ 20,2004 Robert E. Payne Senior Planner City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 RE: South Central Area Development Plan Dear Bob; Last month, I promised you some comments on the South Central Area Plan, and here they are. First, I appreciate and recognize the immense amount of hard work and public involvement which has gone into this effort. Of course, as comments, I am going to focus on the matters which don't correspond to my view of the status quo or appropriate policy for future action, and omit my comments on the points with which I concur. Please don't take that as a preponderance of criticism; it's just most efficient. I agree with most of the statements in the Plan, Robert Payne - Comments on Draft SCADP . Page 2 , The Draft Plan builds upon erroneous premises: In order to be accepted as useful, any plan must be grounded in reality. The premises must agree with reality as perceived by the political decision makers and their constituents. A number of folks would take issue, and in my view rightly so, with the following statement on page 7 of the draft: Over the last 10 to 15 years the downtown has emerged from a period of deterioration and loss of downtown residential and commercial usage to a healthy and attractive area for new entertainment, commercial, hotel and office businesses. In the last five years, the downtown has experienced several new residential redevelopments that are now in high demand. A series of proactive City Councils, the Downtown Management District and aggressive downtown property owners are largely responsible for the resurgence of the Downtown. Some of the small and large successes over that last 15 years which are now building the momentum for redevelopment in the downtown include: · Several major public projects approved by voters in 2001 include: {{ Convention Center Expansion {{ New Multi-purpose Arena {{ New Baseball Stadium {{ Seawall Repairs {{ Marina Improvements - includes renovation of bulk heading, slip repair and additional large boat slips · Night life entertainment, i.e. restaurant and night club development in Downtown · Small retail shops development primarily located on Chaparral Street · Concrete Street Amphitheater · Recreational Development of McCaughn Park and old City Hall Site · Miradores on Seawall · Selena Memorial · New Federal Courthouse · Gateway realignment and landscaping at 1-37 and Shoreline Boulevard. · Downtown Lighting with retro style lighting standards Robert Pay_n~ - Com_ments on Draft SCADP ......... P_age · Corpus Christi Art Center Expansion · South Texas Art Museum Expansion · Solomon Ortiz tnternational Center · Asian Cultures Museum · Museum of Natural History expansions including the Columbus Fleet exhibit · Regional Transportation Authority's Downtown Trolley Cimulator and Harbor Ferry Systems · Renourishment of McGee Beach [1] Would everyone who thinks that the planning area is "a healthy and attractive area for new entertainment, commercial, hotel and office businesses" please stand up? There are many who would dispute the assertion that in recent years the "night life entertainment" and the "small retail shops" have been in resurgence; rather, they appear to be in retreat. The overwhelming bulk of capital investment over the past 15 years has, in fact, been public dollars, and it has yet to attract significant levels of new private capital investment to the planning area. Downtown is generally pemeived to be in profound need of attention, and rather than adding to momentum which is already building, we need to work to reverse a slide into further deterioration. Recognizing this and making it a focus of policy is elemental to creating a plan which will be at all useful. These opening words would encourage an informed reader to put the document down and waste no more time. I'm sure that we all have higher aspirations that that, so please consider redrafting the section to reflect a situation that is more consistent with observation. The Draft Plan fails to focus on what is needed to attract private investment capital: There are many facets to the problems of our Downtown, but the obvious integration of all of these is that Downtown is perceived by people with capital to invest as being an unsafe and unprofitable place to invest their money. When I get up in the morning, I have the choice of what to do with my time and money. I tend to choose projects that look like they'll be fun and profitable, with a minimum of hassle and risk. If we expect Downtown to redevelop, we must measure each public action on the scale of its success in increasing the prospect of profitability and decreasing the perception of risk of downtown investment. There is not a recent history of profitable downtown development, nor is there , Rob~e_~ Payne ~ Comments on Draft SCADP Page4~ significant growth in demand for residences, offices, and retail space. Without significant new demand in the market, it is difficult for Downtown to grab market share. The Draft Plan fails to demonstrate plausibility: Planning for redevelopment is inherently more complex and detailed that planning for peripheral growth of a city. On the edge of the urban space, growth either occurs or it doesn't. Undeveloped areas remain undeveloped, and the rate of expansion isn't the metric of success.. Redevelopment planning is inherently more concerned with the rate of growth and the potential for the planning area to mature in the fashion envisioned. Failure of the market to provide absorption of redeveloped urban space spells failure of implementation. Therefore, it is essential to test the plausibility of a redevelopment plan (and its associated activity and density expectations) against market metrics to gauge the plausibility of the strategy's success. What, in quantitative terms, does the "future land use plan" (and terms such as "much higher density and intensity") imply for changes in population, employment, building space utilization, parking, economic activity, and infrastructure? Within the context of local economics and demographics are these results plausibly achievable? Can adequate public services be supplied to support them? Nobody in business embarks on a project without estimating what "market share" is required to achieve success. What market share does Downtown need to redevelop in the hoped-for format? The Draft Plan is not sufficiently specific: Our downtown is small when considered in the context of major urban city centers, but large in the context of what our citizens consider walkable neighborhoods. If sufficient critical mass is to be created to define an altered sense of place, then policy statements alone don't suffice, and there is a need to be location specific in planning and the structuring of regulation and incentive. Existing fixed facilities and activity patterns must be accommodated and leveraged. The Draft Plan suggests an attempt to mix incompatible development styles: The Plan should be more clear on whether it's direction is the redevelopment of the South Central Area as a "24/7 neighborhood in which people live, work, learn, and play" or whether its emphasis is the addition of "tourist attractions." The American urban landscape sorely lacks evidence of their compatibility, Some areas attract visitors because they have "tourist attractions," major facilities which themselves draw visitors. Examples would be the area around Walt Disney World in Florida, Las Vegas, etc, On the other hand, communities such as Santa Barbara, Santa Moeica, and Malibu. California and Naples, Coral Gables, and Coconut Grove, Florida attract visitors because they are themselves attractive in the lifestyle and amenities they offer; Robert Payne - Comments on Draft SCADP iPage ~ visitors come to participate in that local lifestyle. I can't think of an example of the type of neighborhood envisioned by the draft Plan chock up against a major tourist attraction (or, for that matter, a festival site.) We need to look no farther than Corpus Christi Beach to see the effectiveness of two of Texas' most popular tourist attractions at creating an attractive neighborhood. Similarly, there's not much evidence that major public facilities such as convention centers, arenas, and major performance venues do much good for their surrounding neighborhoods. The BASP has thirty years under its belt, and hasn't done much for Irishtown, so far. My own opinion is that we should focus on the lifestyle aspect, rather than more "tourist attractions". The Draft Plan advocates that the City compete with private sector developers: For an investor looking for a safe and profitable place to put capital, the prospect of conversion of Heritage Park to rental retail and commercial space, and its expansion to the West for more of the same, isn't exactly warming. If the City's aim in to attract private investment, making a policy of converting publicly owned real estate to competitive rental property isn't a good start. Perhaps providing more incentive for Heritage Park to be used for nonprofit organizations would be better. The Draft Plan expresses an unrealistic role for "Urban Design Standards": Design Standards for public improvements can give an area a sense of unity, and should be implemented and encouraged. The Bluff Balustrade, the Seawall, and the Miradores provide a historical pattern from which to work. Uniform architectural standards for private development work in Santa Barbara, where there is a historical architectural vernacular and where the standards have been in effect throughout recent history; I doubt that in Corpus Christi, they would be at all useful. We have no historical vernacular worthy of the name, so imposition of architectural design standards will certainly deter capital investment and probably result in a "stage set" look in whatever might be built, and would be viewed by investors as another hurdle to successful development. The Draft Plan ignores the economics of land use and parking, and attempts to substitute regulation for a market: Given all of the other needs of downtown, it's difficult to understand i R?bert Payne~- _Comments_ on D_raft SCADp Pa§~ why the excessive use of lots for surface parking is a problem worth addressing directly. The presence of surface parking in the Downtown area is a consequence (not a cause) of the need for redevelopment and indicates several things. First, that there isn't sufficient demand for either land or parking to justify the cost of parking structures. Parking structures become economically feasible only when land prices (per parking stall) exceed the cost of parking structures, and when shortage of land and parking communicate the need. Surface parking may well be the highest and best use (that is, the use that affords the owner the prospect of the highest long-term economic return.) It doesn't seem likely that the construction of additional parking structures would make more land available for development at lower prices, because the utilization (and economic value) of surface parking already doesn't support owners' notions of value. Those notions are related to the proximity of downtown to the bay, and not to any rational integration of the economics of downtown real estate. The Draft Plan implies that the use of Mass Transit is an independent goal, and not a tool in the redevelopment process: Other things being equal, mass transit is a good thing. Where it makes sense for folks to use it, they do. if it increases their convenience or significantly reduces cost, they might get on board. In the new cities of the American West, designed and built (like Corpus Christi) in the image of the automobile, mass transit remains the crutch of the mobility-impaired and the mobility-deprived, and few others. In the redeveloped Downtown we envision, there may be a need or desire for short-trip transit within the immediate neighborhood; after all, Corpus Christi isn't really a great place to be outside on all but about 75 days per year. But a number of policy statements begin to sound as though transit is a solution looking for a problem. For example, there is not much evidence that short-transit-trip park-and-ride finds much favor outside the environs of major amusement parks. Remember, the goal is to plan for the success of the redevelopment as a whole, and not for the success of transit within it. By making the use of transit a priority, we may be sacrificing the success of the redevelopment program in the interest of a political cause. In Downtown Corpus Christi we are not going to create or support transit demand by limiting parking and increasing its cost. More likely, the effect will be to reduce parking-dependent activity. The Draft Plan proposes a disturbing rezoning: I'm not a Shoreline Boulevard landowner, but I'm still disturbed by Policy Statement B.A. 1. which proposes to establish a new zoning district along Shoreline Boulevard, excluding office buildings and other "non-tourism related business uses." The concept of "highest and best use" is an economic one, and not a determination for the City of Corpus Christi to make. "Most desirable use" is another matter, but even so, given the current utilization patterns, one would be hard-put to explain how more desirable tourism and residentially oriented uses are being squeezed out of the vacant land between Shoreline Boulevard and Water Robert Pa~yne - Comments on Draft SCAD? Street. I don't think that the City wants to face the consequences of what may be compulsory "down-zoning" of Shoreline Blvd. property. By the way, many parents think that a drive-through fast food restaurant is, in fact, a "tourist facility!" The Draft Plan has an unrealistic approach to signs: Remember that we are dealing with an area in which commercial success isn't a foregone conclusion; While we all agree that the aesthetics of the streetscape are important, remember that: signage is often the only consistent advertising program that the small retailer or restaurateur can afford; a plethora of non-uniform signs communicates vibrancy and activity (something we want to do) and; the mixed-use urban villages which are the prototypes for Corpus Christi's downtown redevelopment didn't have much (if any) sign control. The Draft plan is overprotective of an obsolete street grid: Think about it; what's magical about the 300' x 300' grid-iron street pattern we have downtown? Serious redevelopment may require some projects larger than one block, and do we want, as a matter of policy, to foreclose the possibility of contiguous tracts of larger than 1.8 acres (a miniscule suburban site)? Once again, let's maximize the opportunity for successful economics! The Draft Plan expresses conflicting goals for the Irishtown district: B.A.22 advocates the creation of a special zoning district North if 1-37 and East of US 181 ("lrishtown") for the encouragement of "high-density visitor/tourist related uses." Is this consistent with the actual uses enumerated (bed and breakfast, tourist shops, handy craft shops, art galleries, sidewalk cafe's, etc) and, is it consistent with maintaining an in-scale relationship with the surviving historic buildings in the area and in Heritage Park? The Draft Plan fails to address required code changes to support infill residential development in Area "C": Area "C" contains a large number of isolated single-family [ors. Redevelopment of these lots in an economically feasible manner may require the use of high-quality manufactured housing to obviate site security problems encountered. Given the Iow total project value, margins are thin, and theft from a construction site can wipe out the builder's profit margin. Code changes are needed to promote infill building. The Draft Plan suggests too much non-water-dependent development in the Robert Payne - Comments on Draft SCADP _ __ _ Range_8:~- ~ Marina: The Marina can accommodate boats, amenities for boaters and park users, and very little else. There aren't many good examples of Marinas which also accommodate extensive restaurant and entertainment uses. The one possibility to implement such a plan is the plan to join the two T-heads into one landmass and remove the Stem of Lawrence. The Draft Plan places insufficient emphasis on the value of live-aboards in the Marina: People living on boats is the fastest, cheapest, and lowest risk way to build a downtown residential population. The additional infrastructure investment is miniscule, compared with conventional housing of any kind, and the resident's investment can be relocated if the location doesn't turn out to be as good as expected. The Draft Plan ignores economic reality is boat slip rent levels: Slip pricing should be dictated by the local market, and not arbitrarily tied to the "gulf coast." Supply/Demand factors, cost of sites, and attributes of location vary substantially along the coastline from Brownsville to Key West. Boat slip rentals shouldn't be "subsidized," but neither should they be higher than is dictated by local (Rockport to Laguna Madre) competition. One important Marina suggestion: Any new Marina office should be located and constructed for all-weather operation, so that storm preparations can focus on Marina (and not office) tasks. Thank you for making such a great start at this plan. I appreciate the chance to make my suggestions, and I hope that they are of some use. Our Downtown deserves the best planning we can muster, but ultimately the test of that planning will be the extent to which we can attract the private capital that makes a plan into reality. If I could make any single point on in this discussion, it would be for the City to be acutely sensitive to the factors that affect profitability and risk as seen by a potential investor. That is the information that will make this plan, and Downtown, succeed or continue to fail. i R_°berl Payne.£~_°mments on Draft SCAD? Sincerely, Leon Stephen Loeb LSUhos [1] Italics are used to identify material quoted from the Draft South Central Area Plan, **Scanned by McAfee WebShield e500 Appliance** CO: <Wayne@clarealtors.com > SOUTH CENTRAL AREA DEVELOPMENT PLAN SUGGESTIONS and RECOMMENDATIONS 1. Use robber tire trolleys - much greater flexib'flity and huge cost savings over fixed track trolleys. 2. Keep Lawrence St. stem - provide additional 24 large boat slips, Keep water access between T-heads for boat safety. 3. Relocate Columbus ships - create a Columbus Pavilion and ,*,ailing center at existing Memorial Coliseum. Provide day sailing on Columbus ships. Create a sailing school 4. Keep two way traffic around Art Center - avoids narrow right of way behind gat Center. Provides better traffic handling around Marina. 5. Remove parking lot between Coliseum and Sherril Park - provides the only large green space available. 6. Protect and enhance the integrity of Heritage Park. Trian Serbu 14310 Playa del Rey Corpus Christi, 78418 Rob~.~t.~aYne - Fwd: Draft Sou? Central A~e~a Deve_lopment Pla_n_ ..... ~ ...... Page From: To: Date: Subject: Michael Gunning Payne, Robert 1126104 11:08:30AM Fwd: Draft South Central Area Development Plan Michael N. Gunning, AICP City of Corpus Christi/Development Services Assistant Director of Development Services/ Director of Planning 2406 Leopard Street P.O. Box 9277 Corpus Christi, TX 78469 * office (361) 826-3570 * fax (361) 826-3590 * e-mail: michaelg@cctexas.com web: www.cctexas.com >>> George Noe 1/25/2004 10:52:43 AM >>> >>> "JFrench" <ifrench~stx.rr.com> 1/23/2004 4:18:22 PM >>> Dear Mr. Noe: Please forward this message to Mr. Gunning. I was unable to obtain his email address. Dear Mr. Gunning: This expands upon my comments on the Draft South Central Area Development Plan (Plan) at the January 22, 2004 public hearing. The City of Corpus Christi should feel fortunate for having such large landmasses, including the L-Head, T-Heads, and barge dock, in its marina because many of their amenities are today considered non-water dependent and, as such, very difficult to permit under existing federal regulations. In particular, the abundant parking spaces, marina offices and yacht club are now almost unheard of in an application for a U.S. Army Corps of Engineers section 10/404 permit. If plans for facilities identical to those currently in the marina were submitted for review today, state and federal commenting agencies, citing several long-standing regulations, would undoubtedly recommend not only compensation for unavoidable environmental impacts, but also the avoidance of others through the removal from the plans of almost all the buildings and parking spaces on the landmasses. Citing its own regulations regarding impediments to navigation, I expect the Corps would deny the application unless the landmasses were shrunk to eliminate those things not essential to a safe and efficient harbor, which is what a marina really is. The Plan makes note of the needs to improve and expand the marina essentials, like berthing spaces, to account for anticipated growth of waterborne tenancy, and even observes at Policy Statement E. 16 "that the existing landmasses are the most expensive, in terms of land value, surface parking lots on the Gulf coast." Whether this economic valuation is correct or not, it underscores the need to plan for a time when both the water and the landmasses in the marina are stretched to their capacities by the growth of water-related uses alone, for it will cost far more to replace the marina with another later than to exclude retail outlets, restaurants, Ferris wheels, and condominiums from it today. Let the marina be a marina. A basic flaw in many of the Plan's assumptions is that it treats the marina like any other piece of developable real estate, when it is in fact an aquatic park. The Plan recognizes that other parks in the South Central Area, like Blucher Park and the running water "brook" connecting the Art Museum and the ~obe~?ayne - Fwd: Draft South Central Area Development Plan . ?a~e 2~ Water Garden, must be treated differently from other City properties, depending upon the special amenities they provide the public, and takes pains to preserve their characters from intrusive developments. One could put a McDonalds in the middle of that brook, just as it could in Blucher Park, but no amount of revenue thus generated would make up for the aesthetic and environmental losses. By the same token, no one expects city parks to be revenue neutral. Parks don't "pay their way" in dollars, but in other coin essential to human well-being, such as relief from the otherwise urban surroundings. Marinas are parks that provide opportunities to get away from the urban existence in a particularly rare way, for we have only a handful in this area that permit escape on a water craft, compared to the dozens of other city parks with terrestrial themes. By all means, charge reasonable fees to recreate at the marina, but do not ever expect the marina to provide direct economic benefits worth a fraction of its intangible benefits to the citizens. Let the marina be a marina. The Plan mentions specific things which are not compatible with a healthy marina. Several of its drawings still show a landmass at the marina's southern end where South Wharf was proposed. I've spoken out before and written again in this message about how inconsistent its proposed non-water dependent facilities would be with current regulations. On page 38, the Plan calls as soon as possible for a master plan for the marina's North Basin to take advantage of dredged material from the deepening of the Corpus Christi Ship Channel for improvements such as new land masses, cruise ship berthing, beaches, and anchorage for large watercraft. Depending onthe details, parts of these improvements mightor might not be considered water dependent, but it's apparent that neither the land masses nor the beaches are needed at this time. Furthermore, the marina does need a site to dispose of dredged material from its own maintenance, so I recommend adding nothing to this burden by importing spoil from the ship channel The master plan for the North Basin might do better to consider using the marina maintenance material and/or the material from dredging a berthing or anchorage to create a marsh around Sundown Island on the Basin's eastern edge. The Plan also recommends placing a barge-mounted stage and the Columbus Fleet in the marina. The first isn't water-dependent, and the second isn't necessary or appropriate when it can serve the same purpose on land, as one ship currently demonstrates at the Bayfront Arts and Science Park. Let the marina be a marina. I recommend the costly sands of McGee's and Emerald Beachs be protected by moving and extending the southern end of the marina breakwater even farther than shown in the drawings produced by the AIA charette. Let the marina be even bigger. This concludes my comments on the Plan. Thank you for the opportunity to provide them. Johnny French 4417 Carlton Street Corpus Christi, TX 78415-5211 853-9331 **Scanned by McAfee WebShield e500 Appliance** ! Rebert_Pay--n_e_7. Fwdi~0--Uth C__enti~l Area DeveloPment Pi~n comment Form Page! From: To: Date: Subject: Susan Cable Barbara Bailey; Margie Rose; Michael Gunning; Robert Payne 1/27/04 10:44:47 AM Fwd: South Central Area Development Plan Comment Form >>> <SusanC@cctexas.com> 01/27/04 10:20AM >>> The following is the contents of a form submitted on 27-Jan-04 at 10:20 AM: EMAIL: SusanCC, cctexas.com, FVlady RECIPIENT: SusanC~,cctexas.com SUBJECT: South Central Area Development Plan Comment Form COMMENTSORSUGGESTIONS: I support the City's efforts at planning for the future of the South Central Area, including downtown and the Bayfrent. I agree with your desire to promote this area for a mix of residential, tourism, recreation, and commercial/office development. I have one specific request. Please do not reduce the capacity of Ocean/Shoreline to move vehicles into and out of the downtown area. This waterfront route is the main avenue of access to our downtown from the island, the residential areas east of Alameda, and Texas A&M. It is used by thousands of residents on a daily basis, and to bring our residents into the area for an evening of recreation. With the opening of the ballpark and the new arena, local demand for access to the downtown and bayfront should increase. I support more parkland, but not if it promotes traffic congestion and limits access to our downtown. Any rerouting of traffic along Shorline must preserve at least three lanes of traffic in each direction and limit the number of stop lights between the colliseum and I 37 access. We must be able to move people efficienty into and out of our city. Public trolleys are fine, but a person from the island can't use the downtown trolley to travel to his office or reach the new ballpark. Traffic can be routed away from the water, but it must be routed somewhere. We must preserve our distinction of having the Feast traffic congestion of any major city even as we improve our downtown area. Let's not make the same mistakes that Austin has made... If you block the streets, the cars do NOT go away. Thank you for your consideration. NAMEOFCITIZEN: Cathy Barnard ADDRESSOFCITIZEN: 7201 Sandpiper Circle Corpus Christi, TX 78412 PHONEOFCITIZEN: (This email was sent from the ip address: 65.203.178.2) **Scanned by McAfee WebShield e500 Appliance** Ci o Co us Christi Ba ront Public Forum 1/22/04 1) Implement an ordinance pertaining to acceptable standards for managing and maintaining real estate in our community. Old and dilapidated building in our city, boarded windows, broken windows trash not being addressed. All issues pertaining to the loss or depletion of property values to the entire city. ~ ~c~ ~'~ ~,W/ ////e~//~/~ ,~ c,,~,~-,.~ ,t~. 2) Design several areas in the Bay front for food courts and cantinas so tourist and local people can visit and enjoy the beauty of our city. 3) Fountains and waterscapes are not only beautiful but relaxing adding to our bay front scenic view. 4) 5) 6) City of flying beauty (NAS). Introduce a kite day gala weekend. This is designed for families and singles people all over to come and see our City. The City and local business as well as national radio. Television and sponsors can grab and welcome new faces and income to our economy. Toll road from Padre Island to 77 or 37 for commercial traffic to relives the pressure from S.P.I.D. Implement during spring break and sea sculptures a $2.00 fee per car if they don't have a yearly pass. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Comment: t~zM~L ~x~'t~ ~'~.~ ~ ~ -~ ~ ~ ~ 0~ ~ Plcasc provide your writlen comment and submit to City Staff at any information tablc. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Please provide your writlen comment and submi! 1o City Staff al any information table. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form (/ ! ~ Please provide your written comment and submit to City Stag at any information table. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Please provide your written comment and submit to City Staff at any information table. South Central .Area Development Plan Public Meeting (January 22, 2004) Comment Form N a me: ~f~J~ Comment: Address: Please provide your ~i.en commenl and submit to Ci~ Staff at any info~ation table. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Name... ~ ~-----~'~ Comment: Please provide your written comment and submit to City Staff at any information table. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Comment: ~'l) KIO ~ ~lg~ ~f~ ~ ~)/'- ~ ~ 0v' p~as'~o~ide y~o'ur"'~'t~n~n~rh~ht and submit to C,ty Staff a'f any informaOon xame. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Comment: 1) Jn~J/..'J'O' ~,u~,~ ~ ig~,~/L - ~ Please provide your ~uen comment and submit to CiW Staffat any info~ation table. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Name: Comment: Please pro. de your ~en qomment and submit to South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Name: Please provide yo~ ~en comment and submit to Ci~ Staff at any info~ation South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Comment: Please provide your written comment and submit to City Staff at any information table. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Ck.~,~ ', 'C~c>.., ~.,(',, ,j ~','~ a,. 0 ',~ ~ ' '" Please provide your written comment and submit to City Staff at any information table. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Name: Address: Coml lentl Please pi-ovide your written commenl and sub~'~ City Staff at any information table. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Comment: Please provide your ~nen comment 1fid subm~ to Ci~taff at an~nfo~ation table. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Comment: Please provide your written comment and submit to City Staff at any information table. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Please provide your written comment and submit to City Staffat any information table. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Comment: Please provide your written comment and submit to City Staffat any information table. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Name: /' C,~ Address: i ~ ~ /[lJ ~'fJ Comment: -~/~, ~f~L/, ~ if';~-~O~ ~-{'~'/d-~)/.,~ /~.~4.~ ~ . I . - / · , '/ .' .., : ,, 2 ' '. Please prowae your wntlen comment ann suo~lt lo a]W Stall at ~ny ~mo~auon t~e. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Address: · ! Please provide your written comment and submit to City Staff at any information table. South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Nnme: i~mment: ~//n) ~ Address: Please provide your written comment and submit to City Staff at any information table. ~ ;:~/:~v"~i~'" Central Area Development Plan Public Meeting (January 22, 2004) Comment Form Name: --~l-~ OE' ~'~'~qmR<~ Address: ~<~O g- ',/oCt ICiCleS,..~ xIOU~. Please provide your written comment and submit to City Staff at any s0~th Central Area Development Plan Public Meeting (January 22, 2004) Comment Form .~'~ ..~ Area Development Plan Public Meeting (January 22, 2004) Comment Form Please provide your written comment and submit to City Staff at'any information table. ~ S0Uth Central A. rea Development Plan · ~,~ i~ ?:.ii-~!!:,~ 'PUblic Meeting (Janua~ 22~ 2004): Comment Form :: Name: Please provide your written comment and submit to City Staff at any South Central Area Development Plan Public Meeting (January 22, 2004) Comment Form NameY~O~/-"~--'~'h Address: ~--~ ~~ Please provide your written comment and submit to City Staff at any information table. South Central Area Development Plan Public Meeting (January 22, 2004)  Comment Form Name: / Comment: . Please provide your ~tte$ comment and~p~it to Ci~ Staff at any info~tion table.. / Draft South Central Area Development Plan City Council Public Hearing 02-10-04 February 10, 2004 ATTACHMENT IV ADVISORY COMMITTEE MINUTES PARK AND RECREATION ADVISORY COMMITTEE Special Called Meeting October 15, 2003, 5:00 p.m. City Hall - Basement Training Room 1201 Leopard St., Corpus Christi, TX Members Present Members Absent Staff Present Gloria Aguilar Anne Baker Sandra Billish Clifford Bost Davie Cissna Gregory Perkes Maria Ramos Megan Welch Karen Woodard Dorrinda Garza Rome Gregorio Margie Rose David Ondrias Linda Hodge K Chute II. III. CALL TO ORDER: Chair, Sandra Billish called the meeting of the Park and Recreation Advisory Committee to order at 5:05 p,m. Because of lack of quorum Roy Peil, Chairman of the Water/Shore Advisory Committee, did not call their portion of the meeting to order. ROLL CALL OF MEMBERS: The recording secretary called the membership roll for the Park & Recreation Advisory Committee and announced that a quorum was present. PRESENTATION, DISCUSSION AND POSSIBLE ACTION ON THE SOUTH CENTRAL AREA DEVELOPMENT PLAN by Robert Payne and Mic Raasch of the City's Planning Department. (Greg Perkes arrived at 5:15 pm.) At 5:42 p.m. Roy Pell, Chairman of the WatedShore Advisory Committee announcedJha~due to a lack of quorum the Water/Shore Advisory Committee portion of the meeting would not be held. The Park & Recreation Advisory Committee received the PowerPoint presentation and handout titled, Discussion of the South Central Area Development Plan Capital Improvements. Discussion was held with questions asked and answered. (Maria Ramos left at 6:03 pm. Anne Baker left at 6:10 pm. Megan Welch left at 6:12 pm.) Greg Perkes made a motion to endorse the concepts pertinent to the Park & Recreation Department of the South Central Area Development Plan with the following considerations made to the handout dated October 15, 2003, titled Discussion of the South Central Area Development Plan Capital Improvements: >delete the Long Term Projects suggestion of joining the T-heads and eliminating the stem of the Lawrence St. T-head. >delete item #1, regarding traffic control, of the Long Term Projects from the Park & Recreation section. >In the same section, item #4, strike the word 'passive' from the recreation park improvements for Blucher and South Bluff Parks. >In the same section, item #5, strike the word 'purchase' and use the following, 'possible expansion of land and connection of' Blucher Park to South Bluff Park emphasizing ADA compliance and overall maintenance of the area'. IV. >The South Bluff Park area could host a small Festival Site. >Concern is expressed regarding the McGee Beach Amphitheatre. Clifford Bost seconded. The motion passed. Michael Gunning, Director of the Planning Department, along with Robert Payne and Mic Raasch expressed their appreciation for the committee's efforts toward their recent project presentations. Clifford Bost expressed concern with the ADA requirements and the City's accommodations. He requested an agenda item to discuss this topic. ADJOURNMENT: Davie Cissna made a motion to adjourn the meeting at 7:04 p.m. Gloria Aguilar seconded. The motion passed. David Ondrias, Acting Director Park and Recreation Draft South Central Area Development Plan City Council Public Hearing 02-10-04 February 10, 2004 Minutes Regular Meetinq Water/Shore Advisory Committee Thursday, October 2~ 2003 Members Present: Tom Anderson (Vice Chairman) (1), Alan Dinn, Dr. Oscar Garcia, Dan Leyendecker, Dr. Joanna Mott and Roy Pell (Chairman) Members Absent: Grant Fergeson (1), Steve Moody (1) and Terri Nicolau (1) Staff Present: Margie Rose, Assistant City Manager, David Ondrias, Acting Director of Park & Recreation, Peter M. Davidson, Marina Superintendent, Rene Garza, Marina Field Supervisor and Benita Brunner, Management Aide South Central Area Development Plan - Mr. Payne requested the Committee's endorsement of the South Central Area Development Plan which is used to guide other aspects of Capital Improvements, maximize market opportunities, ensure adequate public facilities, remove barriers to redevelopment, infrastructure, etc. He reported that in keeping with the established timetable, the Planning Commission will receive public input at other public hearings scheduled in October, November and December. Mickey Raasch, Project Planner, commented with regard to the executive summary and draft plan which address key issues (provision of adequate infrastructure; Marina redevelopment; fostering downtown residential re-development; Capital Improvements Program; creation ofbayfront park; improvement projects; beautification of Coopers Alley L-Head; and policy statements including appropriate use of landmasses. Discussion followed regarding addressing an architectural theme; making policy statements stronger by using "will" instead of"should"; need for stronger overall economic development to attract visitors/citizens to downtown/Marina area; need to ad&ess promotion of boating events and acquiring required amenities to do so e.g. convenience stores; TIF District; need to embellish section in order to address how relocation of the Corps of Engineers offices and issues relative to the Nueces County Courthouse are considered economic development; revising the existing (South/North Basin) list to distinguish between what will be maintenance/upgrade to current facilities and development required to attract more tourism, boating events, etc.; need for statement(s) requiring promotion/support for national/international boating events; having a separate Marina economic development package to include additional slips, sailing facilities, and expanded work/haul out area that is privately operated, expanded fuel station to include a ship store, pump out facilities, restaurant/grill, convenience store; seeking a restaurant for the L-Head; and omitting the need for a swimming pool. Discussion followed regarding the Committee wanting to delay further action in order to see the further revised plan, established timelines and having a special called/joint meeting in order to further address the plan. Chairman Pell suggested that members should submit their comments regarding the plan to Mr. Payne as soon as possible. FROM :TRAFFIC ENGINEERING FP~X NO. ;56188~5545 Feb. 02 2084 12:l?PM P2 TRANSPORTATION ADVISORY COMM~ I itE MZNUTES (Meeting of October 27, 2003) Mo~bera Pret~nt · Pre~ent Anthony Ale~andm and Grace Made Gonzales camm TO ORDER- ~r~ce Chairperson Sher, in the absence a~ Chair~n Alejandm, c~Bed meeti~ to order at 1:35 p.m. APPROVAL OF '*HXNUTES" - Vice Chairpers~ Shem' oalled for approval of mlnut~es I'm September 22, 2003. MoUofl made and seceded to approve minutes as presented, HOHTtlLY TRA~C FATAL.rl7 REPORT (ATTACHMENT 'A~ - Capt. MacDonak~ been a b~b~d af twenty-two (22) fatalities to date. [ATTACHMENT A~ up 3%; In response to Mr. Sher's request for DWI laws Ulat have c September 1~ 2003: Capt. IV~ld stated that fines for first offense Is ! for the next three (3) years; 2n" offense Is $2000/year for driver'~ lime (3) y~ars and third offefme; $3000 for the next three years, is a definite ir)crease fn minor DUI. Minor profile for DUI Is 19 - 20 yeas This a major problem throughout the city and surrounding counties. RECOGNIl'~ON of Audience/Public not scfleduled on Agenda. Mr. Brant Moore v propased tmlllc In ear~ Phase 2~ ;llomline Boulevard Traffic Re-routing on Seawall - Shiner Moselay and A~dates, Inc. gave a brief ~ on Ute cor~ schedule for the Seawall Rein Project. :he overall seawall project schedule which began in latter 2000 and ends condlUons were shown and Phase I of the Traffic Control Plan. Plan General Schedule was shown along with tile Pl~se 3 TralT~ entire seawall reconstruction Ixoject;, time/co~c and safety Issues incorporated into Plan and finally the acceptance of overall TCP enables final design and remain on schedule. Motion made by Mr. Foster, seconded by Mr. Seiler to endorse the Seawall Project. Motion passed. FROM :TRAFFIC ENGINEERING FAX NO. :56188~55~5 Feb. 0~ ~ 12:1?PM P5 Staff recommendation to approve Harb~ Bridge Bicycle Event for September, 2004 if all cc~ttlons are met. Ms. G~ub.],en Arnold representing the Coq~s Chr~ Chamber of Corzner~ and Taxa5 ASd~ University Tarpon Foundation Bicycle Event stated that the event Is to take place Saturday, September 25, 2004 in c~xljunction with Bayfest. The event vail begin and end at Bayfront Plaza/Visitor Center area with two ~cles: 2S mile Ocean Drive b~n:le ride and 65 mile Bay Tour bicycle ride. The following isa I~ of requirements induded as part of the Parade Permit for this event: Complete Implementation of the TxOOT/City Traffic Control Plan; Hire an approved con~'actor to se( our the traffic control devices on b~ bridges - Nueces Bay Causeway and .1FK Causeway and SH 361; Pay 50% police overlJme. Pmhibrc suppor~ vehicles (chase vehicles) from stopping or delaying trafr~: on the bridge or causeway exce~ to pick up injured bicyd~ or non- functional bike; require all paKcldpants to use helmets; require co~ medical emergency vehicles to pa~ol route; require minimum age of participants to be 16 years or older to part,pate in the 65 mile Bay Tour and General Uablllty Insurance $1,000,00 minimum limit. CiLy to be named addlUonal Insured. Waivers are required to be signed by each partidpant~ Waiver form will sl~te that city and TxDOT are to be held ha~nh~ss. Hot,on made by Mr. To~es, seconded by Mr. Seller to approve Harbor Brklge Blcyde Went w~l atl co~ditJons to be met. Motion passed. Endomement of SouUt Central De~etopment Plan (Dowl~own Area) - An dement of the Comprehen~ive Plan Mr. Bob Payne, Planner wl~ the City's Ptanning Department stated that the in~ p~anning and design should be consistent with the Comprehens~e ~lan. Promote a unkquely albactive atmosphere for small and la~ tourist attraddons. Empha~ze conflict-flee pedestrian con~lc~ and pathways to enhance connectJons betweerl downtown and uptown, the ba~ront and ~ Bayfrc~t Arts and Science and future land uses ~ emphasis on unifying the dcaat~own, uptow~ bayfront, the Baytlont Nts and 5den~ Park (~ASP), Texas S'mb, Aqua,urn Cr~A), and the expanding c~mmercial/publ~complex at the Port of Corpus ChrisU. preserve a~d enhance public a,~e~. __s and recreational opportuniUes along the Bayfmnt. Haximize redevelopment opportunities for the Central Business District, ~ BASP, and the Part. Encourage a high level of urban design czmsiste~T and c~-~trucUo~ standards for public s pace~ and fad#Ues to promote reskle~tlat and touriri-oriented development. Recognize the unique role c~ the Dowr. b:~m Management Dist~ct and the Regional TransportatJon Authority In promoting developing and enhandng the _,~:~__nomy of the Downtown and encourage a dynamic proce~ gNing great latitude in mar~ging its area of resl~ndrality. HoUon made by Mr. Seller, ~oonded by PV, C Ba~neit to endorse ¢lraft plan for Downtown Area W~ inclusions suggested by Committee. VX, DXSCUSS~ON XTEHS - None scheduled for this month CITY TRAFFZC ENGZNEER'S REPORT Curtis Clark I~jve/South 5tal~es Street PetltJon * Des~n Engineer Mary Frances Tentiente stated stuff rece peueon handed out to Comma ee du ng mee ng. ResklentS/Buslnesses relayed their frustrations to Staff, who in turn have asked traffic e~gineerlng to conduct studie~ wh~h expect to be eonduded in mkl- November, 2003. She furlJ~er staled South Simples b presently under construcUon to be extenc~ed to Williams and is part of futura subdivision development Mr. SeiJer asked that Staff present to the TAC Committee findings of the South Staples/Curtis Clark Drive study. c~P ~t~ ~ pdor~es - Follow-up on expressed interest to Involve and IncJude the TAC Input in City of Corpus Christi January 20, 2003 To~ David Berlanga Planning Commission From: Rick Stryker Museum of Science and History Subject: Feedback on the South Central Development Plan Michael Gunning, Director of City Planning and Senior Planner Bob Payne presented the South Central Development Plan to the Museum Advisory Committee on January 8, 2004. The Committee asked that I forward their concerns and input to Mr. Gunning and the Planning Commission. A. Parking 1- Parking for the Museum is inadequate. Of greatest concern is the need to replace bus parking which was largely eliminated by the Ortiz Center Development. 2- The Committee expressed the concern that parking capacity on the Barge Dock was sharply reduced due to the access provided for RTA buses connecting to the Water Taxi stop. This further erosion of parking in the area is not good. B. Street Access 1 - The Port of Corpus Christi has developed a plan that would eliminate the traffic circle in front of the Museum. This elimination would make bus access to the Museum more difficult, especially school buses whose final destination is the Museum. 2- Vehicular access to the Museum was further reduced with the elimination of traffic under the convenlion center. Vehicular access from Shoreline through the Watergarden and two-way traffic on Mesquite east of the old courthouse should be restored. Also, improvements to Port are needed to allow better access. 3- The plan calls for placing greater emphasis on Brewster (over Resaca) as the connection between Shoreline and Chaparral. Without careful planning including signage, street reconfiguration, etc, route changes will make it even more difficult for tourists to find the museums. C. Connection to Corpus Christi Beach Consideration ought to be given, long term, to changing the Port entrance to Nueces Bay, making it possible for there to again be a land connection to Corpus Christi Beach. Draft South Central Area Development Plan City Council Public Hearing 02-10-04 February 10, 2004 ATTACHMENT VI POWER POINT PRESENTATION Draft South Central Area Development Plan an Element of the Corpus Christi Comprehensive Plan Presentation Outline Summary of January 22, 2004 Meeting • Location • Attendance • Public Comments rm Follow up Planning Commission Public Hearing and Action on January 28, 2004 Commission Recommended Changes to the Draft Plan February 10, 2004 Draft South Central Area Development Plan 2 Community Meeting Bayfront Convention Center with approximately 150 People attending. Engineering, Park and Recreation, Management and Budget, Development Services, and several other Departments were represented. 0 An interactive meeting format Public Comment February 10, 2004 Draft South Central Area Development Plan 3 Community Meeting Bayfront Convention Center with approximately 150 People attending. Engineering, Park and Recreation, Management and Budget, Development Services, and several other Departments were represented. 0 An interactive meeting format Public Comment February 10, 2004 Draft South Central Area Development Plan 4 Recommended Changes to the Plan 1, POLICY STATEMENT B.2 — PLANNING AREA A (Page 14): The highest priority for creation of activities on the bavfront are activities that benefit the citizens of Cornus Christi and that take advan e of the unique natural amenities of the bayfront, inclu wind, water and temperate climate. February 10, 2004 Draft South Central Area Development Plan 5 Recommended Changes to the Plan 2. Reword Policy Statement BA — Area A Boalevard Create economically viable incentives for promoting development of new tourist oriented uses on private properties fronting Shoreline Boulevard, within 90 days of adoption of this plan. of these prime properties tourist -related residential uses. Draft South Central February 10, 2004 Area Development Plan Recommended Changes to the Plan 3. Insert a new policy statement in the Transportation Section (Page 27): Policy Statement C.13 Promote multi -model transportation, including bike paths and bike parking Draft South Central February 10, 2004 Area Development Plan 7 Recommended Changes to the Plan + 4. Insert a new policy statement in the Economic Development Section (Page 29): Policy Statement D.10 The expanded Convention Center and new Arena will be a major economic stimulus to the resional economi in revenue from outside the region. The primary goal for the Convention Center and Arena is to operate continuously to host conventions or other events. Draft South Central Mirld February 10, 2004 Area Development Plan 8 Recommended Changes to the Plan Insert a new Dolicv statement in Economic Development Section Policy Statement D.11 renovation Renovation vs new construction appears to be a very cost effective approach as some cost estimates for renovation have been estimated at $4 to $5 million as opposed to new construction that could cost S20 million or more. February 10, 2004 Draft South Central Area Development Plan Recommended Changes to the Plan 6. Insert a new policy Statement in the Economic Development Section (Page 29): Policy Statement D.11 ) Coordinate with Texas A&M University to create a new off-site campus with student housing in or in close proximity_ to the South Central Area. February 10, 2004 Draft South Central Area Development Plan 10 Recommended Changes to the Plan 7. Revise Policy Statement E.1 in the Public Services Bayfront Park Section (page 30): An additional sentence is proposed to be added to Policy Statement E.1 A fixed rail trolley with overhead electrical lines should not be located on the bayfront. Related • bullet ■ be deleted •• i wi , • �k February 10, 2004 Draft South Central Area Development Plan 11 Recommended Changes to the Plan 8. Insert a new policy Statement in the Public Services Marina Section (Page 33): Policy Statement E.21 Extend the marina breakwater southward to create a protected sailing area in front of McGee Beach, Emerald Beach and Cole Park. Draft South Central February 10, 2004 Area Development Plan 12 Draft South Central Area Development Plan an Element of the Corpus Christi Comprehensive Plan Draft South Central Area Development Plan City Council Public Hearing 02-10-04 February 10, 2004 ATTACHMENT VII DRAFT SOUTH CENTRAL AREA DEVELOPMENT PLAN - FEBRUARY 10, 2004 SOUTH CENTRAL AREA DEVELOPMENT PLAN An Element of the Comprehensive Plan Draft Update February 10, 2004 South Central Area Development Plan February 10, 2004 Page I11 SOUTH CENTRAL AREA DEVELOPMENT PLAN Supersedes the Plan approved by City Council Ordinance 022166, February 28, 1995, which amended the original Plan adopted by City Council Resolution #021169, on May 21, 1991 The preparation of this document was financed in part by a Community Development Block Grant from the United States Department of Housing and Urban Development and a Metropolitan Planning Organization grant from the Federal Highway Administration. Corpus Christi City Council 2003 Mayor Loyd Neal Melody Cooper Jessie Noyola At Large District 3 Henry Garrett Javier Colmenero Rex Kinnison At Large District 2 District 5 Brent Chesney Bill Kelly Mark Scott At Large District I District 4 South Central Area Development Plan February 10, 2004 Page IV Shirley Mires, Vice chair Robert Zamora Corpus Christi Planning Commission November 19, 2003 David Berlanga, Chairman Elizabeth Chu Richter Eloy Salazar Richard Smith Bryan Stone Nell[ F. Amsler Michael Pusley South Central Area Stakeholders Group Norma Urban Bunny Arnim Brad Lomax Gordon Landreth Tim Clower Wayne Lundquist Dusty Durrill Larry Urban Elizabeth Chu Richter Brooke Sween-McGloin David Seller Tom Niskala Greg Brubeck Bert Quintanilla Roy Pell Linda Hodge Neill Amsler Mohammad Farhan South Central Area Development Plan February 10, 2004 Page 1 South Central Area Development Plan February 10, 2004 Page 2 CONTENTS INTRODUCTION ......................................................................................................................... 4 POPULATION AND EXISTING LAND USE ......................................................................... 5 PLANNING PROCESS ............................................................................................................. g STAKEHOLDER AND CITIZEN INPUT ................................................................................ g PLANNING ISSUES ................................................................................................................. 9 MISSION STATEMENT ........................................................................................................... 9 PLAN GOALS AND OBJECTIVES ......................................................................................... 9 A. ENVIRONMENT .................................................................................................................. 12 B. LAND USE ............................................................................................................................ 13 AREA A: BAYFRONT AND DOWNTOWN LAND USE POLICIES ................................. 14 AREA B: UPTOWN OFFICE AND GOVERNMENTAL CENTER ..................................... 20 AREA C: SOUTH BLUFF AREA ........................................................................................... 21 C. TRANSPORTATION ............................................................................................................ 24 D. ECONOMIC DEVELOPMENT ............................................................................................ 2g E. PUBLIC SERVICES .............................................................................................................. 30 PARKS ..................................................................................................................................... 30 BAYFRONT PARK .............................................................................................................. 30 FESTIVAL PARK ................................................................................................................ 30 BLUCHER AND SOUTH BLUFF PARKS ......................................................................... 31 BLUFF BALUSTRADE ....................................................................................................... 32 DOWNTOWN PARKS ......................................................................................................... 32 MARINA ............................................................................................................................... 32 PUBLIC FACILITIES .............................................................................................................. 33 UTILITIES ............................................................................................................................ 34 WATER SYSTEM ............................................................................................................. 34 WASTEWATER SYSTEM ............................................................................................... 34 STORMWATER SYSTEM ............................................................................................... 34 OTHER PUBLIC SERVICES AND FACILITIES ........................................................... 35 F. CAPITAL IMPROVEMENT NEEDS ................................................................................... 36 UTILITIES ............................................................................................................................... 36 MARINA .................................................................................................................................. 36 SHORT RANGE NEEDS ..................................................................................................... 36 MEDIUM RANGE PROJECTS ........................................................................................... 37 LONG RANGE PROJECTS ................................................................................................. 38 NORTH BASIN .................................................................................................................... 3g BAYFRONT ............................................................................................................................. 38 PARK AND RECREATION .................................................................................................... 39 ECONOMIC DEVELOPMENT .............................................................................................. 39 ENVIRONMENTAL PROTECTION ...................................................................................... ,40 TRANSPORTATION AND TRANSIT ................................................................................... 40 G. PLAN IMPLEMENTATION ................................................................................................ 42 South Central A rea Development Plan February 10, 2004 Page 3 FIGURES FIGURE 1: SOUTH CENTRAL AREA DEVELOPMENT PLAN STUDY AREA ................... 5 FIGURE 2: EXISTING LAND USES 1N THE SOUTH CENTRAL AREA ............................... 6 FIGURE 3: SUB-AREA BOUNDARY MAP ............................................................................ 11 FIGURE 4: FUTURE LAND USE .............................................................................................. 13 FIGURE 5: PEDESTRIAN CORRIDOR IMPROVEMENT PLAN .......................................... 19 FIGURE 6: FUTURE TRANSPORTATION PLAN .................................................................. 25 TABLES TABLE 1: 2000 CENSUS POPULATION AND HOUSING ......................................................5 TABLE 2:2002 EXISTING LAND USE ACREAGE ................................................................. 7 APPENDICES APPENDIX A: ISSUES REPORT ........................................................................................... :.. 44 APPENDIX B: HISTORICAL PLANS AND STUDIES ........................................................... 57 South Central Area Development Plan February 10, 2004 Page 4 South Central Area Development Plan INTRODUCTION The Comprehensive Plan is mandated by the City Charter. It requires the City Council to "...establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development..." and, that "all city improvements, ordinances, and regulations shall be consistent with the comprehensive plan." The Comprehensive Plan is a product of various plan titles such as Policy Statements, Area Development Plans, Capital Improvement Programs, and Master Utility Plans. The comprehensive planning process is a means whereby citizens and community leaders guide community development. The Comprehensive Plan, by definition, is general, long range, and broad in scope. To help formulate the Comprehensive Plan, City Council divided the city and its environs into 10 Area Development Plan (ADP) study FLOUR VIOLET BLUFF WEST SIDE ~, I~USTAN6 SOIJTHSIDE 'ADRE iSLAND Development plans for these areas will help resolve basic issues such as zoning and platting of properties, allocation of public services and facilities contained in the Capital Improvement Programs, and other area specific issues. In any case, follow-up programs are needed to implement the many policies in the Plan. Implementation of these plans will help assure the most appropriate land development and provision of public services. Coordination of the Capital Improvement Plan, various Area Development Plans, and day-to-day actions of line agencies responsible for implementing the Comprehensive Plan, will result in more cost effective development and tax dollar savings. The South Central Development Plan Area, located south of the ship channel, was originally part of a larger CenO'al ADP area which included the Corpus Christi Beach area north of the ship channel. The "Central Area" was separated into "north" and "south" study areas to expedite formulation of a plan for the Corpus Christi Beach area when the Texas State Aquarium was being planned for development. The South Central study area embraces the downtown, uptown, waterfront, and is bordered by the Ship Channel to the north; Corpus Christi Bay to the east; Morgan Avenue to the south; and Crosstown South Central Area Development Plan February i O, 2004 Page 5 Expressway/West Broadway to the west. (Figure 1). Historically, this area has been the most planned area of the City. A bibliography of many of these plans is attached to the South Central Area Development Plan as an appendix. FIGURE 1: SOUTH CENTRAL AREA DEVELOPMENT PLAN STUDY AREA Plnn .,~Oorpus Ch*lstl Ship Channel Corpus Christi · Studg Area Bounda Nlap POPULATION AND EXISTING LAND USE According to the 2000 Census, the South Central area contains 7,270 residents and 3,111 housing units. The South Central area has experienced a significant decline in population over the last 40 years. In addition, the area has experienced a major exodus of retail businesses since the 1970s. The original South Central Area Development Plan (1991) identified the decline in resident population and retail businesses as major areas of concern. TABLE 1:2000 CENSUS POPULATION AND HOUSING 1960 1970 1980 1990 2000 Population 12,567 9,020 8,312 7,906 7,270 Housing Units 5,072 3,895 3,591 2,941 3,111 South CentralAreaDevelopment Plan February 10,2004 Page 6 FIGURE 2: EXISTING LAND USES IN THE SOUTH CENTRAL AREA South Central Area Development Plan February 10, 20~4 Page 7 TABLE 2:2002 EXISTING LAND USE ACREAGE Land Use Acrea~le % Low Density Residential 127.0C 11°/, Medium Density Residential 78.3.' 7°/, High Density Residential 8.2.~ 1o/ Professional Office 65.2; 6% Commercial 165.60 15% .ight Industrial 15375 14% -leavy Industrial 4.91 0% ~ark 36.86 3% ~ublic Semi Public 199.93 18% 3rainage Corridor 4.10 0% :~ight of Way 17.72 2% Vacant 243.63 22% rotal 1,105.33 100°A Over the last l0 to 15 years the downtown has emerged from a period of deterioration and loss of downtown residential and commercial usage to a healthy and attractive area for new entertainment, commercial, hotel and office businesses. In the last five years, thc downtown has experienced several new residential redevelopments that are now in high demand. A series of proactive City Councils, the Downtown Management District and aggressive downtown property owners are largely responsible for the resurgence of the Downtown. Some of the small and large successes over that last 15 years which are now building the momentum for redevelopment in the downtown include: · Several major public projects approved by voters in 2001 include: O Convention Center Expansion O NewMulti-purpose Arena o New Baseball Stadium o Seawall Repairs o Marina Improvements - includes renovation of bulk heading, slip repair and additional large boat slips · Night life entertainment, i.e. restaurant and night club development in Downtown · Small retail shops development primarily located on Chaparral Street · Concrete Street Amphitheater · Recreational Development of McCaughn Park and old City Hall Site · Miradores on Seawall · Selena Memorial · New Federal Courthouse · Gateway realignment and landscaping at 1-37 and Shoreline Boulevard. · Downtown Lighting with retro style lighting standards · Corpus Christi Art Center Expansion · South Texas Art Museum Expansion · Solomon Ortiz International Center · Asian Cultures Museum · Museum of Natural History expansions including the Columbus Fleet exhibit · Regional Transportation Authority's Downtown Trolley Circulator and Harbor Ferry Systems · Renourishment of McGee Beach South Central Area Development Plan February 10, 2004 Page 8 Other significant projects that may come to fruition are economic development of the marina landmasses, the South Wharf Project proposal, relocation of the Broadway Wastewater Treatment Plant, and the replacement of Harbor Bridge. PLANNING PROCESS The planning process for the South Central Area Development Plan consists of the following steps: 1. Staff formulates planning process and schedule for plan update and begins inventory of land use, infrastructure, etc. 2. Creation of South Central Plan Stakeholder Group consisting of Downtown Management District, business and property owners and private and public entities with significant interests in Central Area and City Staff. 3. Staff and Stakeholders Group identifies issues of concern in the South Central area and produces Issues Report. 4. Staff drains Plan to address issues of concern. 5. Staff presents draft Plan to Stakeholder Group and respective City Committees and other interested organizations for input. 6. Staff revises draft Plan based on input received. 7. Staff presents draft Plan to Stakeholder Group for review and comment. Staff revises draft Plan based on Stakeholder Group input. 8. The draft Plan presented to Planning Commission for public hearing input. The Planning Commission may recommend revisions to draft and then recommends City Council approval of Plan. 9. The revised draft Plan presented to City Council for public hearing input. The draft Plan revised based on recommendation by Council and Plan is approved. STAKEHOLDER AND CITIZEN INPUT A primary goal of the planning process is to obtain input from citizens interested in the South Central Area and from stakeholder groups. Stakeholder groups and professions that have been involved in the planning process include: Downtown Management District Chamber of Commerce Regional Transportation Authority Convention and Visitors Bureau Port of Corpus Christi Metropolitan Planning Organization Landmark Commission Water Shore Advisory Committee Architects Engineers Commercial Realtors Restaurateurs Property Owners Residents City Staff e.g. Engineering Services, Park and Recreation, Marina, Public Works (Utilities), and Development Services. South Central Area Development Plan February 10, 2004 Page 9 PLANNINGISSUES The identification of the major issues related to the South Central Area was primarily derived from several meetings with the Stakeholders Group. The Issues Report (Appendix I) identifies the major issues determined by the Stakeholders Group. Staff used those issues as a primary basis in formulating the draft South Central Area Development Plan. MISSION STATEMENT The mission of the South Central Area Development Plan is to facilitate redevelopment of the South Central Area over the next 20 years for creating a thriving central area neighborhood community in which to live, work, play, raise a family, invest and visit. The City will focus on implementing the City's South Central Area Development Plan in order to promote an exciting central business district, revitalized inner neighborhoods, expanded economic opportunities, and many more choices for recreation and entertainment, from outdoor activities ranging from sports to cultural events with in the area. PLAN GOALS AND OBJECTIVES The guiding goals and objectives for the entire City, ETJ, and all Area Development Plans including the South Central Area are contained in the Policy Statements adopted by the City Council in 1987. The policies encompassed by this Plan address not only current issues, but needs that the City and South Central residents, property owners, and businesses perceive will become pressing in future years. Recognizing that not all suggested implementations will take place immediately, it is important to foresee and note problems and opportunities, and develop a long term strategy to address them. The goals, objectives, and policies of this plan are consistent with the Bayfront Plan adopted in 1982 and amended in 1984, and the Project Plan for Reinvestment Zone No. 1 adopted in 1983. This plan supersedes all previous City plans for this area except for the Reinvestment Zone Project Plan which shall remain in force until State law provides for the termination of Reinvestment Zone No. 1. In addition, this plan is an update to the original South Central Area Development Plan adopted May 21, 1991 and later updated in February 28,1995. Key goals, objectives, or policies of the Plan are printed in bold print. However, for a full understanding of each policy statement, refer to the entire text of that policy statement. The specific goal of the City and South Central Area Development Plan is to promote the South Central Area as a place of great vitality, with a mix of educational, residential, retail, office, service, government, arts and cultural, and entertainment development. The health and vitality of the area can contribute in a major way to the city, its local and regional image, and quality of life. It is a place where residents can live, work, learn, and play in the same neighborhood. A fully revitalized South Central Area will need a resurgence of residential and retail development activity. While a resurgence of retail activity has occurred during the last decade, resident population growth is needed to sustain and fully realize the retail commercial development potential in the central business district. Principal objectives of the Plan include: · Sufficient Infrastructure Capacity Infrastructure planning and design should be consistent with the Comprehensive Plan. Foremost of the principal objectives determined during the planning process was the critical need to continue immediate and short term improvements to the downtown stormwater system to prevent a repeat of the damages to businesses which occurred during several rain events in 2002. Other critical infrastructure needs include significant improvements to the wastewater and street systems. South Central Area Development Plan February 10, 2004 Page 10 24/7 Neighborhoods - Promote a uniquely attractive atmosphere for small and large-scale tourist attractions. Propose appropriate land use, with emphasis on increasing residential density and business intensity in the Central Business District. Pedestrian Friendly District - Emphasize conflict-free, ADA accessible pedestrian district to enhance connections between downtown and uptown, the bayfront, the Bayfront Arts and Science Park, and outlying areas, and maximize use of public areas. Create shade from sun and shelter from wind through structures, trees and palm plantings, and landscaping on private property and in public right of way. Transportation network - Design transportation network and services to serve existing and future land uses with emphasis on unifying the downtown, uptown, bayfront, the Bayfront Arts and Science Park, Texas State Aquarium, and the expanding commercial/public complex at the Port of Corpus Christi. Promote efficient use of existing parking facilities balanced and coordinated with enhanced transit services and other intermodal choices in the Central Business District, Bayfront Arts and Science Park, and the Bayfront. Parks and Recreation - Preserve and enhance public access and recreational opportunities along the Bayfront. Enhance public spaces and pedestrian movement in the area between 1-37 and the ship channel, and establish a clear and functional entryway to the Bayfront Arts and Science Park (BASP). Develop a Festival Park (or Parks). Expand Heritage Park to the east and west and promote pedestrian movement to, and through, the park grounds free from vehicular conflict. Economic Development - Maximize redevelopment opportunities for the Central Business District, the BASP and the Port. Provide for economic development and expansion of the existing Marina possibly including a public beach, cruise ship berths, anchorages, and commercial development in the North Marina. Unique Quality of District - Encourage a high level of urban design consistency and construction standards for public spaces and facilities to promote residential and tourist-oriented development. Incorporate urban design elements which are sensitive to the large number of historic structures and districts in the CBD (e.g. Bluff Balustrade, the historic 1914 County Courthouse, Furman Avenue, and Downtown) and the Bayfront. Downtown Management District - Recognize the unique role of the Downtown Management District, Regional Transportation Authority and Port of Corpus Christi in promoting development and enhancing the economy of the Downtown and encourage a dynamic process giving great latitude for these entities in managing their areas of responsibility. Since the late 1980s the Central Business District has experienced a revival that is continuing today. The City is committed to continuing this revival and making the Central Business District of the future a place of major public and private facilities of the highest quality. This Plan is a proactive redevelopment strategy, to maximize market opportunities, assure adequate public facilities, and remove barriers to redevelopment. Capitalizing on the market potential of the Central Area, the City's role must not be only one of regulator, but one of partner and active participant. The key to this role is to achieve community consensus on what should occur in the area, then to aggressively pursue this common vision. Many of the detailed policies in the following sections related to the entire study area while some of the policy statements pertain to one of the sub Areas illustrated on Figure 3. South Central Area Development Plan February 10, 2004 Page 11 FIGURE 3: SUB-AREA BOUNDARY MAP A IF--1 South Central Area Development Plan February 10, 2004 Page 12 A. ENVIRONMENT POLICY STATEMENT A.I Pollution prevention devices should be incorporated into stormwater outfalls to capture floating debris, sediments and other pollutants before entering the Bay system. Dozens of stormwater outfalls are located along the bayfront which deposit large volumes of floating debris and other urban pollutants along the seawall, beaches and shoreline areas. POLICY STATEMENT A.2 All public and private construction should be in accordance with the Federal Emergency Management Agency (FEMA). Compliance with these standards will ensure continued availability of flood insurance to the community through the National Flood Insurance Program. POLICY STATEMENT A.3 While preserving or increasing drainage capacity, the City will protect the flowing stream in Blucher Park which is overwhelmed during major rain events. Stonnwater retention or detention facilities will be needed for drainage improvements in this area. They will not cause higher water levels in the park than presently experienced and will shorten the time of flooding. Where ever possible, the perennially flowing stream should be retained in its natural state and any channelization should be minimized. POLICY STATEMENT A.4 Maintain the one-mile minimum distance from the shoreline for any petroleum drilling operations. South Central A rea Development Plan February 10, 2004 Page 13 B. LAND USE POLICY STATEMENT B.I The City Council hereby adopts the Future Land Use Plan map and the accompanying text as a guide for future land use decisions (see Figure 4). Thc intent of the future land use and development plan is to encourage high intensity mixed use development and civic oriented development of the highest order within the South Central Area. Thc plan provides guidance for future land use including rezoning, platting, fiscal management, and capital improvement planning. Specific policies for the various South Central Areas are grouped into sub-areas as illustrated in Figure 3. FIGURE 4: FUTURE LAND USE IIIIII South Central Area Development Plan February 10, 2004 Page 14 AREA A: BAYFRONT AND DOWNTOWN LAND USE POLICIES POLICY STATEMENT B.2 - PLANNING AREA A The highest priority for creation of activities on the bayfront are activities that benefit the citizens of Corpus Christi and that take advantage of the unique natural amenities of the bayfront, including wind~ water and temperate climate. POLICY STATEMENT B.3 - PLANNING AREA A Promote a mix of tourist, retail, entertainment, residential, and civic uses in the Bayfront and Downtown Business District. The City should encourage a much higher density and intensity of uses than currently exists in Planning Area A. Development potential for Area A, will depend on a mutually supportive, planned, and coordinated effort between private development and public service entities, of which the provision of adequate utility infraslructure has become of paramount importance (See Public Service Section). Special lighting, signage, landscaping, and street furniture should be used to help visually and functionally integrate public and private development projects. POLICY STATEMENT B.4 - Planning Area A economically viable incentives for promoting development of new tourist oriented uses on private properties fronting Shoreline Bouleva rd~ within 90 days of adoption of this plant The highest and best use of these prime properties is tourist-related and residential uses - not office or non-tourism related business uses. These prime properties should be developed with high-rise hotels and residential uses with tourist- related retail uses occupying a majority of the ground floor. Drive-throughs and similar non-tourist uses should not be permitted on Shoreline Boulevard nor the ½ block nearest the bay along side streets. POLICY STATEMENT B.5 - Planning Area A Increase the number of housing units and achieve higher housing densities in the Downtown Area. Incentives should be established, including financial and regulatory, to promote significant increases of quality residential development and compatible mixed uses in the CBD and surrounding residential neighborhoods e.g. conversions to lo~ apartments, specialty grocery stores, "liveaboard" facilities in the marina, and other residential serving uses and to create a sense of community in the Central Area. South Central Area Development Plan February 10, 2004 Page 15 POLICY STATEMENT B.6 - Planning Area A Pursue designation of Downtown as a targeted area within the Corpus Christi Housing Finance Corporation's Mortgage Credit Certificate Program if Federal requirements can be met. This would eliminate the first time buyer requirement and increase the home purchase price limitations. POLICY STATEMENT B.7 - Planning Area A Encourage the Downtown Management District and City Staff to develop residential loan guarantee program proposal. The proposal should include possible foundations that could provide seed money and guidelines for guaranteed loans. POLICY STATEMENT B.8 - Planning Area A In order to create a significant resident population in the area, the City should consider incentive programs making residential development and redevelopment more attractive to property owners. Such program might provide Community Block Grant Funds (CDBG) for low interest loans, tax credits, etc. where a property owner agrees to rehabilitate a vacant building, with 25% percent of the building rehabilitation devoted to new downtown residential units. POLICY STATEMENT B.9 - Planning Area A The 1-37 corridor from the Crosstown Interchange to Shoreline Boulevard is the most important entrance to the City and should be as aesthetically appealing as possible. Recent improvements including the construction of the new federal Courthouse and the landscaping of the realigned I-37 boulevard have begun the process to visually improve this important gateway entrance to the City, the Bayfront, and the Central Business District. However, remaining improvements which should be targeted for implementation include the following. · Deteriorating buildings along this entryway should be repaired, rehabilitated, or removed in order to make way for redevelopment (the restoration of the historical 1914 county courthouse is certainly a significant improvement); · Billboards should be removed; · The City's organization seals should be more tastefully presented or removed; and · Heavy landscaping should be added within the 1-37 right-of-way and existing landscaping should be properly maintained. POLICY STATEMENT B.10 - Planning Area A Expand Convention Center grounds and take advantage of its bayfront location by creating a bayfront public park and plaza south of the Convention Center on Shoreline Boulevard medians and the Barge Dock. Creation of this public park plaza will complement the Convention Center expansion, the arena, enhance new hotel development on adjacent vacant lands and create a location for small festivals. POLICY STATEMENT B.I1 - Planning Area A Trees and landscaping will be designed as a critical component of all roadway projects in Area A. Trees and other plantings will be properly coordinated with utilities to avoid conflicts and competition for limited tmderground space on city-owned properties and right-of-ways. The city will fully consider the significant value of trees for shading pedestrians when resolving infrastructure conflicts; and plant appropriate tree species on public rights-of-way that maximize planting potential while protecting the safety of the public. POLICY STATEMENT B.12 - Planning Area A Establish grand entt:ance features, i.e., special signage, landscaping, sculpture, fountains, etc., at key entrances to the BASP and improve the entranceways leading to Resaca and Chaparral Streets. Grand entrance features are similar to "gateways" except gateways will use more land and be larger in scale. POLICY STATEMENT B.13 - Planning Area A Develop a pedestrian walkway along the bayfront between the barge dock and the Solomon Ortiz International Center. The walkway would provide a special pedestrian way, or linkage, between barge dock South Central Area Development Plan February 10, 2004 Page 16 and sea wall, to Solomon Ortiz International Center. Other special pedestrian ways should connect the bayfront with Heritage Park, festival areas, the BASP, and Solomon Ortiz lntemafional Center. These pedestrian ways would be constructed with attractively designed and consistent pavement, lighting, landscaping, and public signage. POLICY STATEMENT B.14 -Planning Area A Enhance the seawall with special pavers or concrete imprinting, landscaping, increased lighting on steps, and creation of shade. POLICY STATEMENT B.15 - Planning Area A Expand Heritage Park to the east side of Chaparral Street and to the west, up to the U.S. 181 right-of- way, between Fitzgerald and Hughes Streets with similar historic structures that exist in Heritage Park. This expansion will buffer Heritage Park from any future multilevel developments on the remaining portion of those blocks to the east. This will also create a more attractive entrance to the Bayfront Arts and Science Park. However, care should be taken that historic structures are not removed from original sites unless the structure is threatened by demolition. POLICY STATEMENT B.16- Planning Area A Promote visitor-oriented commercial activities including bed and breakfast uses, restaurants, coffee shops, gift shops, art galleries, and artisan working areas in Heritage Park. Activities thru generate significant amounts of traffic and activity both from out of town visitors and residents are most desirable for this strategic location so that a high level of liveliness and interest is generated. · The first priority for obtaining greater use within the area should be to encourage high-quality local cultural restaurants (Mexican, Greek, German, Irish, etc.). · The City should aggressively encourage leases for gift shops, art galleries, artisan working areas and studios, and art and handicraft sales, etc. · Rental monies from Heritage Park activities should be used for the improvement of Heritage Park. POLICY STATEMENT B. 17 - Planning Area A To promote views of Heritage Park and the Arena from Shoreline Boulevard plant palm trees on thirty foot centers along both sides of Resaca Street between Chaparral Street and Shoreline Boulevard. POLICY STATEMENT B. 18 - Planning Area A Encourage development of parking structures to avoid costly surface parking lots on high value downtown properties. Outright prohibition of surface parking or monies in lieu of required parking are two options that should be considered. Monies in lieu of should be used for creation of parking structures. In all cases in the Central Business District, the first floor of any parking garage should be constructed to ultimately provide mixed commercial/office uses. In addition, a balance must be achieved between personal use vehicle parking, pricing controls, and a public transit system designed to minimize congestion and provide flexible movement of people to multiple destinations and ara'actions on the same trip. POLICY STATEMENT B.19 - Planning Area A Consistent, high quality, metal halide and pedestrian-scaled lighting should be standardized along the Bayfront areas to tie the public waterfront and central business district together and provide high quality illumination. The "peach" colored lighting used in much of the marina does not emit a quality light conducive to the tourist oriented marina and bayfront, nor is it consistent with the new lighting downtown. POLICY STATEMENT B. 20 - Planning Area A The City will encourage pedestrian friendly retail, restaurant, and entertainment uses along street frontages combined with multi-family residential, hotel, office uses and parking garages on aboveground levels. POLICY STATEMENT B. 21 - Planning Area A Public and private signage requirements should promote a coordinated and cohesive design theme. South Central Area Development Plan February 10, 2004 Page 17 Consideration should be given to minimizing the number and size of allowable signs and allowing limited- sized monument-type signs within the required setbacks. Where no setback is required, signs overhanging the sidewalk are permissible. Billboards and portable signs should be prohibited. POLICY STATEMENT B. 22 - Planning Area A Replacing existing non-landscaped parking areas with public/private plazas and seating areas will be encouraged in combination with a reduction of required parking. Public/private plazas and seating shall contain landscaping, special light standards, fountains, and decorative paving materials. POLICY STATEMENT B. 23 - Planning Area A Urban Design guidelines will be developed for the following areas of the Central Business District: · Pri~nary Entryways to the Bayfront Business District, the Bayfront, the Bayfront Arts and Science Park (i.e. IH-37, Twigg Street, Leopard Street, Agnes/Kinney Street, Chaparral Street and Port Avenue). · Along Shoreline Boulevard and Ocean Drive. · All development and improvements in the Marina and on the Bayfront. · Along the Bluff Balustrade. · Bayfront Arts and Science Park. · Central Business District (Downtown and Uptown) POLICY STATEMENT B. 24 - Planning Area A Elements that will be considered for inclusion in any urban design guidelines for the CBD: · Higher density mixed-use development · Mixed-use compatibility · Pedestrian/cyclist amenities including bike racks, lighting, shade trees, landscaping, street furniture, sidewalk widening and texturing, grating, etc. for private and public development for pedestrian comfort · Architectural and design controls including greater signage control, site plan review, etc. · Public and private parking lots · "Compact" parking spaces and shared parking uses/sites for multi-modal transit facilities to accommodate parking and transfer people to multiple destinations · Prohibition of street closures and skywalks affecting the original grid street network in the downtown, uptown, Old lrishtown, BASP, and the area to the west of Shoreline Boulevard in the general vicinity of the Coliseum and Sherrill Park in order to promote a healthy pedestrian environment · View corridors maximizing views to the Bay · Great Streets Program · Requirements for provision of retail/restaurant uses for a majority of street level frontages of new and restored buildings · Restrictions or prohibitions on dumpsters, chainlink fencing, utility units, and other unsightly, utilitarian facilities along ground floor street frontages. · Relocation of traffic control boxes/panels to underground or to less visible locations. · Develop a master plan for public art POLICY STATEMENT B. 25 - Planning Area A The City will create a special zoning district for thc area north of 1-37 and east of U.S. 181, to encourage high-density visitor/tourist related uses. Objectives for the area include: · Reduction in the amount of parking required for preferred uses and pedestrian amenities and public plazas; Preferred uses will include bed and breakfast, tourist shops, handy craft shops, hotels, motels, restaurants, museums, art galleries, sidewalk cafes, arenas, convention centers, festival areas, etc. South Central Area Development Plan February 10, 2004 Page 18 Minimum and maximum setbacks to create storefronts along the street. Signage - controlled, tow level Reduction of billboards in the South Central Area especially the primary gateway into the CBD and the bayfront, that is, 1-37. POLICY STATEMENT B. 26 - Planning Area A The City, in conjunction with the Downtown Management District, will propose changes to the sign ordinance in "B-5" and "B-6" zoning districts. The sign requirements for these districts should be carefully reviewed and changed to conform with the intent of the South Central Area Development Plan. The sign changes should help ensure development of an attractive and appealing atmosphere in the downtown area. At a minimum City regulations for the area should: a. Prohibit off-premises signs (billboards). b. Require signs to be oriented and scaled for pedestrian traffic. Allowed signage should be calculated in proportion to linear feet of lot frontage, total building or site size. do Allowing projecting or fin signs located in the public right-of-way, provided they do not extend beyond the curb. e. Allow wall signs. f. Prohibit portable signs. Control banner signs according to a standardized design and restrict to a temporary time period related to special events. POLICY STATEMENT B. 27 - Planning Area A The highest priorities for installation of new public art projects are at: a. 1-37 at Shoreline Boulevard; b. La Retama Park; c. Shoreline Boulevard in front of the Arena; d. L Heads and T Heads; e. Artesian Park; and f. Bayfront Park. These are very important gateways/entrances to the downtown area. Prominent, enlivening art should be made at these locations with the help of grant money and private donations. POLICY STATEMENT B. 28 - Planning Area A Relocation of the Broadway Wastewater Treatment Plant is a high capital improvement priority. Once the Plant is relocated out of the area, and any remediation completed, the site should be redeveloped with a public use supportive of the City's downtown redevelopment goals. Potential uses include, but are not limited to, parking, festival park, executive mini golf course, etc. The Broadway Wastewater Treatment Plant serves the Downtown Area, surrounding neighborhoods, and provides an essential function for development in the area. However, the Broadway Treatment Plant, in it current location, and as the downtown redevelops will become a detriment to reinvestment of surround properties. POLICY STATEMENT B.29 - Planning Area A The City will pursue construction of strategic pedestrian linkages in the downtown, the marina, bayfront, the BASP, the Port's Cruise Ship Terminal. Pedestrian linkages will be heavily landscaped and include sidewalk widening, special sidewalk pavers or concrete imprinting, festive lighting, street furniture, public art, fountains, and small plaza areas along the routes. See Figure 5: Pedestrian Corridor Improvement Plan. South Central Area Development Plan February 10, 2004 Page 19 FIGURE 5: PEDESTRIAN CORRIDOR IMPROVEMENT PLAN Corridors with Existing end Proposed ]:n~pra~Vements L ndmerks [$ - One Sho~.,li~ t~loz~ L~- La ~uinte Inn Ws - Water St. R~taurants ~ CO - South Central Area Development Plan February 10, 2004 Page 20 POLICY STATEMENT B. 30 - Planning Area A The City will encourage the long-term conversion of industrial business uses between the Broadway Wastewater Treatment Plant and US 181 to convert to visitor oriented or public uses. POLICY STATEMENT B. 31 -Planning Area A The City will work with the Port of Corpus Christi and the Union Pacific Rail Road to restrict storage of tank cars along West Broadway Street (between Port Avenue and Tancahua Street). Trackage in this area is used for storage of box and tank cars and is an incompatible use and potential safety hazard with the future use of the Wastewater Treatment Plant site, the Washington-Coles neighborhood and Concrete Street Amphitheater. AREA B: UPTOWN OFFICE AND GOVERNMENTAL CENTER POLICY STATEMENT B.32 - Planning Area B Promote the Uptown Office Area as the City's premier location for mid- to high-rise office development. The existing concentration of high-rise office towers, between the bluff and Tancahua Street, and thc extensive governmental and quasi-public complex adjacent to the Nuccus County Courthouse and City Hall, could efficiently serve as thc nucleus of a more expansive regional office district. Within this Uptown Office District there are a number of historic or potentially historic properties located on Leopard Street. Preservation of meritorious properties on Leopard should be pursued and efforts taken to minimize negative impacts of non-historical properties which are immediately adjacent. South Central Area Development Plan February 10, 2004 Page 21 AREA C: SOUTH BLUFF AREA POLICY STATEMENT B.33 - Planning Area C Redevelopment within the Low- to Mid-Rise Professional Office and Residential areas of Area C, (see the Land Use and Development Plan, Figure 2) should be encouraged as long as the redevelopment does not detract from the residential neighborhood. Much of this area is used for single-family or multi-family residential or for professional offices. Professional office uses are generally compatible with single- and multi-family development in this area. Neighborhood serving commercial uses of Iow intensity may be considered for the area however, 24-hour commercial uses, bars or clubs should not be allowed. POLICY STATEMENT B. 34 - Planning Area C The existing industrial development in Planning Area C, should not be expanded in area. POLICY STATEMENT B. 35 - Planning Area C The commercial strips on Staples Street and on Morgan Avenue should not extend any farther into the adjacent residential areas than displayed on the Future Land Use Plan. POLICY STATEMENT B. 36 - Planning Area C Continue to protect the residential neighborhoods from encroachment of non-residential uses. POLICY STATEMENT B. 37 - Planning Area C The Landmark Commission should evaluate areas in the South Central area for "historic district" designation and a property owner incentive program for areas to be designated historic. An incentive program encouraging property owners to preserve and restore designated structures should be developed. Restoration should allow for contemporary use and emphasize restoration of property exteriors. POLICY STATEMENT B. 38 - Planning Area C The City should establish historic preservation incentive programs to encourage property owners who are willing to restore historic structures. Such programs may include tax abatements, freezes on taxes, low interest loans for restoration, etc. These incentive programs create a greater public awareness of historic properties and provide a modest reward for property owners who wish to participate. Some cities have used South Central Area Development Plan February 10, 2004 Page 22 annual events/tours of historic homes and districts and historic plaques to educate the public and generate interest in historic preservation. Examples of historic districts which could be focused on include Furman Avenue, Upper Broadway, Leopard Street between Port Avenue and the Bluff, Downtown, and Old lrishtown. POLICY STATEMENT B. 39 - Planning Area C Establish development regulations to protect designated views from public rights-of-way and, to enhance scenic corridors and gateways. View corridors are defined as streets where the City wishes to preserve clear site to a natural or man-made feature. Those features might include the bay, harbor bridge, or an historic home, etc. Primary emphasis is on the view from the corridor to the point of interest with secondary emphasis on the attractiveness of the corridor. Scenic corridors are defined as streets where the City wishes to enhance highly traveled streets or entryways. The primary emphasis is on providing an attractive view from a vehicle or pedestrian passing. Gateways give a sense of place marking passage from one area to another. Important gateways in the South Central area include: 1-37 and the Crosstown Expressway; · 1-37 and Shoreline Boulevard, Shoreline Boulevard and Kinney Street; · Shoreline Boulevard and Furman Avenue; Shoreline Boulevard and Resaca; · 1-37 and Chaparral/Mesquite Streets; and · Agnes/Laredo and Tancahua/Carancahua Streets. Major landscaping, sculpture, and lighting are appropriate at gateways. When these improvements are made they create a distinct and memorable place. Design objectives along view and scenic corridors include: Development adjacent to these scenic corridors will be required to provide a higher standard of landscaping than for non-scenic corridor streets. The City's Landscaping requirements in the Zoning Ordinance should be changed to require all street yards for multi-family, public-semi public, business and industrial uses to provide a minimum of 0.04 points of landscaping per square foot where property is developed adjacent to a designated scenic corridor. Note: street yards are areas between structures and the street right-of-way. · Along the seawall creation of shade either through plant massing or shade structures is a high priority; · Private and public signage of all types should have stringent design controls consistent with the tourist and recreational theme of the Bayfront. Public signage should be standardized and billboards and portable signs should be eliminated; · Utilities should be placed underground; · The City should establish a facade restoration program for designated corridors; and · Public art projects could be placed at gateways and strategically located in scenic corridors, consistent with the Municipal Arts Commission's public art guidelines/plan. POLICY STATEMENT B. 40 - Planning Area C Promote pedestrian activity at street level throughout the South Central Area (see Figure 5.) The highest priority pedestrian corridors include the following. See Section F - Capital Improvements for more detail. Shoreline Boulevard from the Solomon Ortiz International Center to Cole Park; Water Street between 1-37 and Coopers Alley; Peoples Street, Lawrence Street, and Coopers Alley between the Bluff and the marina landmasses; Resaca Street between Shoreline Blvd. and Chaparral Street; Chaparral Street from the Ship Channel to Coopers Alley; Twigg Street between Shoreline Blvd~ and Mesquite Street; Concrete/Belden Street, between Water Street and its dead-end west of North Tancahua Street; and South Central Area Development Plan February I0, 2004 Page 23 · Leopard Street between the Bluff and the Crosstown Expressway; POLICY STATEMENT B. 41 - Planning Area C Pedestrian corridors should link points of interest in the area, such as tourist destination points, historical, recreational, cultural, and retail activities. The Park and Recreation Deparlment should have jurisdiction over public amenities and maintenance in these corridors. Design objectives for these corridors should include: · Functional and attractive paving materials required on all pedestrian corridors. The City should determine the types of paving materials that would comply with this policy. · Coordinate mass transit services with pedestrian corridor improvements (i.e., assure corridor improvements are placed at bus stop locations and lead up to any water taxi, or high speed water terminals). · Construct greater pedestrian amenities such as sidewalk widening, unified lighting and street furniture, drinking fountains, storefront awnings, and shade structures, pedestrian "bump-outs", and public informational signage especially for the pedestrian. · Make all pedestrian improvements in the CBD compliant with the Americans with Disabilities Act POLICY STATEMENT B. 42 - Planning Area C Pedestrian improvements such as "bump-outs" at street intersections, sidewalk widening, street trees, etc. (See Policy Statements B.40 and B.41) should be prioritized for construction in the Central Business District. The construction of these pedestrian improvements will address the core of needed pedestrian connections along the Bayfront, from Uptown through Downtown to the marina landmasses, along Water and Chaparral Streets, and on Resaca Street at the Arena and Heritage Park. POLICY STATEMENT B. 43 - Planning Area C The City's Zoning Ordinance and Codes should continue to prohibit sexually oriented businesses from operating in the South Central Area. C. TRANSPORTATION South Central Area Development Plan February 10, 2004 Page 24 POLICY STATEMENT C.I The City Council adopts Figure 6 as the guide for future transportation decisions in the South Central area. The transportation network of this Plan constitutes an amendment to the City Transportation Plan. Those changes requiring state or federal funding will be submitted for review and included in the Metropolitan Planning Organization Urban Transportation Plan. Changes to the City Transportation Plan include the following. a) Extend North Staples Street as a collector street (CI) between West Broadway and Fitzgerald Street b) Designate Fitzgerald Street as a collector street (C1) between North Shoreline Boulevard and US 181 c) Extend Mesquite Street as a collector sweet (C 1) between Brewster Street and Port Avenue d) Delete Brewster Street as a collector street between Chaparral Street and Tancahua Street e) Designate Cooper's Alley as a collector street (CI) between Tancahua Street and Shoreline Boulevard POLICY STATEMENT C.2 A parking control policy with pricing controls recognizing the real costs of parking in the area and an equitable balance with transit services should be established. The underlying premise that the more economical parking is provided the less likely that transit services can be prudently provided. POLICY STATEMENT C.3 To ensure pedestrian safety, create a Shoreline Boulevard operations plan for temporary closure of travel lanes during large festival events such as Buccaneer Days and Bayfest. POLICY STATEMENT C.4 The City will pursue with TxDOT the relocation of the Power Street off-ramp from US 181 directly to Belden Street. As presently configured this off-ramp has a very short deceleration lane and a dangerous 90 degree turn onto Tancahua Street. TxDOT should evaluate the feasibility of extending this ramp to Belden Street and closing the current ramp at Power Street. POLICY STATEMENT C.5 Public signage for East Port Avenue and the U.S. 181 on-ramp north of Belden Street should be improved to make the public better aware of these streets as secondary routes to and from the Bayfront Arts and Science Park (BASP). POLICY STATEMENT C.6 Policy objectives in descending order of priority for street improvements should be projects which will: a) Facilitate pedestrian and muttimodal access. b) Facilitate access to and along the bayfront; c) Minimize right-of-way to promote high intensity downtown uses and provide for flexible and innovative redevelopment opportunities; d) Facilitate access to the Bayfront Arts and Science Park area including Solomon Ortiz International Center; and Facilitate creation ora traffic control center to better manage traffic during high use events. South Central Area Development Plan February 10, 2004 Page 25 FIGURE 6: FUTURE TRANSPORTATION PLAN SoutO Central Area Development Plan February 10, 2004 Page 26 POLICY STATEMENT C.7 The following is a prioritized list of transportation improvement projects which meet policy objectives: Improve traffic control throughout the plan area with "real-time" traffic responsive signal and pedestrian activated controls. · Shoreline Boulevard See Bayfrunt Park Policy (E.I) in Public Services section. Creation of designated park and ride locations in the downtown and uptown areas for shuttling to the BASP, Marina, and other downtown attractions and the Port of Corpus Christi. Extension of Shoreline Boulevard as a controlled access drive (for transit vehicles, etc.) to connect with Chaparral Street in the BASP. The conceptual master plan for the Bayfront Arts and Science Park envisions the extension of Shoreline Boulevard northward into the Water Garden area and terminating at Chaparral Street. This design would have a positive resolution to the dead end of the existing North Shoreline Boulevard and provide vital access to the future economic development of the Corps of Engineers site. However, the design comes with several issues which would need to be resolved. The running water "brook" which connects the Art Museum to the Water Garden should not be broken. Since the Water Garden and its "brook" connection was paid for by the Museum, any extension of Shoreline Boulevard should include participation in the planning and design by the museum. · Street improvements necessary for baseball stadium, arena and BASP access. Enhanced public transportation system, including but not limited to a fixed alignment streetcar system. This system will provide improved opportunities for park and ride services to various destinations to the downtown, marina, BASP, and Port and city connectivity via the RTA's Staples Street Station. A fixed alignment streetcar system will provide an economic stimulus and, with its unique features, a regional attraction. Extend Tancahua Street northward to Harbor Drive. This extension is needed to provide enhanced access to the Port's Solomon Ortiz International Center and proposed new baseball Stadium. POLICY STATEMENT C.8 The City's Traffic Engineering Division in cooperation with the RTA shall establish a parking monitoring and management program to assure sufficient parking availability as the South Central area becomes more intensively developed. This monitoring program shall apply to all areas zoned B-6 (no parking is required in B-6 zones) and other areas deemed appropriate by the City. Currently, there is an oversupply, or "under demand" of available parking in South Central Area due to the high percentage of vacant buildings. As these vacancies diminish and the need for additional parking arises, Staff will make recommendations to the City Council regarding specific parking projects and programs to meet the need. a) Emphasis shall be placed on encouraging the private sector to work out agreements with adjacent uses to share parking. b} Improve signage to public parking lots in the South Central area. C) The City will support the provision of public satellite park and ride lots. POLICY STATEMENT C.9 The City in partnership with the RTA shall conduct a feasibility study to determine the most effective combination of on and off-street parking and RTA transit services with regard to serving the Bayfront Arts and Science Park including the arena and baseball stadium, the Central Business District (CBD), and marina development (existing and potential). Large increases in public parking in the vicinity of the South Central Area Development Plan February 10, 2004 Page 27 arena and convention center may have significant negative impacts on enhanced transit services planned to serve these facilities. Any increase of additional public parking in the area should be critically analyzed in relationship to RTA's proposed enhanced transit services to serve the area. Parking metering expansion and premium pricing for on-street parking in vicinity of BASP should be considered in conjunction with this overall scheme to encourage transit usage. POLICY STATEMENT C.10 The grid arterial system in the CBD should be preserved as much as possible. Street closures should be minimized in the CBD so that the grid system's efficiencies for serving high intensity land uses will be maintained POLICY STATEMENT C.I 1 The City will conduct a feasibility study to investigate the feasibility of reverting one-way streets to two- way streets in the downtown. This study will consider the use of head-in parking to slow traffic and make it easier for motorists to get out of their cars and enjoy and benefit from the "downtown experience" POLICY STATEMENT C.12 The City will continue to support and participate in studies that address the need for a new higher bridge over the ship channel to accommodate larger ships. The City will also ensure that sufficient future ingress and egress is provided to the CBD from the new Harbor Bridge. Landscaped public rights-of-way at each ingress and egress points will be required. Reuse of the existing U.S. 181 bridge right-of-way will be considered for a new entrance/exit near the BASP. POLICY STATEMENT C.13 Promote multi-model transportation~ including bike paths and bike parking. South Central Area Development Plan February 10, 2004 Page 28 D. ECONOMIC DEVELOPMENT POLICY STATEMENT D.I Establish a continuous funding source and foster multiple partnerships for on-going capital improvements in the Central Business District. Possible funding mechanisms include tax increment financing, public improvement district, tax abatement / credits, or similar mechanisms. The TIF funding mechanism has contributed approximately one million dollars annually for the last 20 years to pay for construction of the Texas State Aquarium. If another TIF District is established these monies would bc targeted for improvements in downtown and on thc bayfront, if it is not feasible to establish another TIF District then some other funding mechanism such as a public improvement district may be appropriate to provide a continuous source of funds for needed improvements in thc Central Business District. In addition, multiple partnerships should include the Port of Corpus Christi, Regional Transit Authority, Nueces County, Metropolitan Planning Organization, Corpus Christi Independent School District, Downtown Management District, etc. POLICY STATEMENT D.2 Promote development of the marina landmasses with public/private joint ventures for retail, restaurant, entertainment, park, marina, residential, and/or hotel uses to generate monies for debt retirement of bonds used for construction of public facilities in the marina. It is clear that the significant demands for public improvements in other areas of the City balanced with scarce municipal funds available for debt retirement, funding for larger marina improvements may be best achieved through joint public/private ventures in the marina. This strategy serves at least two purposes. This funding mechanism provides 1) a mechanism to pay for needed marina improvements, and 2) new private development which injects renewed life and economic vitality and appeal into the marina. Such programs have been successful in other waterfront communities across the country which have found ways of revitalizing their waterfront areas. POLICY STATEMENT D.3 Marina boat slip rental rates should be assessed at least every two years and should be set at a level that is at least the median amount charged by gulf coast public and private marinas. Currently, marina boat slip rental rates are some of the lowest found in comparable marinas on the gulf coast. Marina slip rentals play a fundamental or even a critical role in paying for marina operations, marina maintenance, and marina capital improvements. POLICY STATEMENT D.4 To assure a sufficient supply of revenue producing marina boat slips, begin design for additional boat slips in the marina when the marina is 75% of capacity. Construction on new slips should be completed when the existing marina slip rentals are at 95% of slip rental capacity. POLICY STATEMENT D.5 Public/private ventures and public projects in the South Central Area including the marina should be designed and located according to the following criteria. a) Provides a public service or function that directly benefits the general public. b) Provides recreational, entertainment, retail, and/or other visitor and pedestrian-oriented types of activities available to the general public. A majority of ground floor uses should be of these visitor and pedestrian-oriented uses. These public uses should be accessible to the general public during peak daytime and evening hours and throughout the week. c) Improves the visual quality of the area. d) Leverages more private sector investment than public monies invested. e) Combines disjointed uses to form a cohesive environment where uses can interact and benefit from their relationship to one another. South Central Area Development Plan February 10, 2004 Page 29 POLICY STATEMENT D.6 In order to promote a significant resident population in the area, the City will provide a full range of incentive programs to make residential redevelopment more attractive to property owners and developers. Such programs might include Community Block Grant Funds (CDBG), Renewal Community incentives, tax abatements, etc. and revisions to the Building Code to reduce obstacles and barriers to adaptive reuse of existing buildings for residential purposes. POLICY STATEMENT D.7 Promote the arts and cultural resources in the downtown to be engines of economic development through strategic funding and other forms of assistance. Many cities across the country have established successful arts and cultural programs and facilities as quality of life resources for the local citizenry as well as significant tourist attractions. Some of the more successful examples include the Torpedo Factory Art Center in Alexandria, Virginia; the Louisiana Artworks in New Orleans; the Denver Performing Arts Complex in Denver; the West End Historic District and the Deep Ellum entertainment district in Dallas: and the Blue Star District in San Antonio. These successful programs and projects have created outstanding venues and incubator programs for the display of local/regional visual art forms and performing artists which otherwise would not have been available. In many cases older historic buildings and even entire historic districts have been put into productive use by creating art and cultural districts rich in a variety of entertainment and educational opportunities. Examples of assistance include limited property tax abatement, CDBG funding, and historic preservation funding assistance. Areas in downtown which may have potential in the creation of an arts and cultural district include in the vicinity of: a) Heritage Park/Old Irishtown; b) the old Frost Bros./Lichtenstein Building; c) the Ritz Theater; d) the Kress Building (the emerging "K-Space" visual art project currently operates on the 3~d floor); and e) the old Montgomery Ward Building on Peoples Street. POLICY STATEMENT D.8 The City will work closely with the Downtown Management District.to revitalize and redevelop the area in and adjacent to the District's Boundaries. In order for the Downtown to become more economically successful and to provide more quality of life experiences for the general public, it is appropriate for a private non-profit organization to focus on the vision for Downtown and implementation of that vision. POLICY STATEMENT D.9 Relocate the U.S. Army Corps of Engineers office to a site away from the Bayfront Arts and Science Park (BASP). This current use docs not complement the BASP location and is an inappropriate use of this strategic site. Promote development on the BASP site with a public/private joint venture for retail, restaurant, entertainment, and howl development to capitalize on unique views and prime bayfront and harbor location. Policy Statement D.10 The expanded Convention Center and new Arena will be a maior economic stimulus to the regional economy by bringing in revenue from outside the region. The primary goal for the Convention Center and Arena is to operate continuously to host conventions or other events. Policy Statement D.11 The City will explore renovation and adaptive reuse of the coliseum. Renovation appears to be a very cost effective approach as some cost estimates for renovation have been estimated at $4 to $5 million as opposed to new construction that could cost $20 million or more. Policy Statement D.12 Coordinate with Texas A&M University to create a new off-site campus with student housing in or in close proximity to the South Central Area. South Central Area Development Plan February 10, 2004 Page 30 E. PUBLIC SERVICES PARKS BAYFRONTPARK POLICY STATEMENT E.I The City, in partnership with the Downtown Management District, the Port of Corpus Christi, the Regional Transit Authority and the Metropolitan Planning Organization will conduct a special communitywide planning process to determine the most acceptable manner in which to create a bayfront park. A fixed rail trolley with overhead electrical lines should not be located on the bayfront. ShoreIine Boulevard is a formidable barrier to pedestrians attempting to cross the six travel lanes from downtown to the bayfront especially during times of large festival events. In addition, large festival events either block through traffic or reduce the City's ability to operate large convention and arena events. The special study objectives are: · Identify the best location for a permanent festival site; · Determine the feasibility of reducing Shoreline Boulevard from six travel lanes to four taking into account existing and future traffic levels and street improvement projects; · Determine if traffic calming devices including reduced speed limits and demarcated pedestrian crossings on the travel lanes should be planned on shoreline Boulevard; · Address the possibility of using Water Street as a relief route for downtown commuter traffic; · Make signalized pedestrian crossings one cycle; · Illustrate the visual impact of views from Shoreline Boulevard to the bay; Consider the AIA's 2003 concept plan to create a bayfront park, as well as other plans which have been considered over the last twenty years, e.g. Bayfront Activities Committee (1985), the Gateway Project of 1996-97, etc.; · Implement a community consensus building process to determine the most acceptable bayfront park design. FESTIVAL PARK POLICY STATEMENT E.2 Develop a permanent festival park. The need for a permanent festival park (or parks) is obvious because of the success of Bayfest and Buccaneer Days carnival and other smaller festivals. However, due to unique characteristics of these festivals and their current sites several safety and efficiency of use issues have come to South Central Area Development Plan February 10, 2004 Page 31 the forefront. The new arena is under construction and scheduled to be completed in late 2004. The arena and convention center expansion projects are being constructed over the west portion of North Shoreline Boulevard north of Resaca Street, And the federal courthouse has imposed restrictions on festivals on the Shoreline Blvd. median in front of it. With these two portions of Shoreline Blvd. eliminated fronl effective use for festivals such as Bayfest, the area along North Shoreline Boulevard between Power Street and the Convention Center may not be large enough to accommodate large festivals effectively. Alternative sites should be analyzed and a plan devised to develop a permanent festival site or sites. More than one festival park may be justified. One site could be for Iow impact type events and the other could be for high impact festivals. Possible sites include: 1) the medians north ofl- 37; 2) the Coliseum and adjoining parking lots and parks; 3) on what will become available land when the Broadway Wastewater Treatment Plan is relocated in conjunction with the adjacent Concrete Street Amphitheater; 4) the Kerr-McGee Tract; 5) South Bluff Park, Heritage Park/BASP; or 6) Corpus Christi Beach Park. POLICY STATEMENT E.3 Provide a much higher degree of maintenance of the landscaping improvements along IH-37 between the Crosstown Expressway interchange and the Bayfront. The significant landscaping installed at the Crosstown/l-37 interchange and the US 181/1-37 interchange in the late 1990's are not receiving proper maintenance, especially when taken into the context of the highest traveled gateway into the City. POLICY STATEMENT E.4 Additional shade structures, lighting, trash receptacles, bicycle lanes, informational signage and kiosks, water fountains, and widened sidewalk should be provided on the seawall and adjoining walkway. POLICY STATEMENT E.5 The Park and Recreation Department will determine the feasibility for an amphitheater on the steps of the seawall with a stage floating in the marina or located on McGee Beach. POLICY STATEMENT E.6 Identify and provide high priority public facilities for McGee Beach e.g. outdoor showers, public toilets with high frequency of maintenance, shade structures, etc. The restrooms located at the base of the breakwater are in need of substantial repair and regular maintenance and additional facilities. BLUCHER AND SOUTH BLUFF PARKS POLICY STATEMENT E.7 Improvements to Blucher and South Bluff Parks will be included in the Capital Improvement Program. Blucher Park is a City-designated wildlife sanctuary which restricts the amount of improvements that can be placed in the Park. However, environmentally sensitive improvements are needed such as marked birding trails, selective landscaping, and the old railroad bridge restored as an historic landmark. South BluffPark has several recreational facilities serving the surrounding neighborhoods and the City in general. Additional improvements such as playground equipment and improved lighting are needed. POLICY STATEMENT E.8 The City will continue to pursue the expansion and connection of Blucher Park to South Bluff Park. South Central Area Development Plan February 10, 2004 Page 32 BLUFF BALUSTRADE POLICY STATEMENT E.9 The City in conjunction with the DMD will pursue the creation of public plazas along the Bluff Balustrade, Upper Broadway, "Middle" Broadway at Starr Street, and La Retama Park. The Bluff Balustrade ("Broadway Bluff")is only one often National Register properties in the City. This facility needs to be protected and supported with compatible improvements recognizing the historical integrity of this unique man-made resource. By the same token, War Memorial Park/Spohn Park due to the sacredness of the memorial should not be altered by a plaza. POLICY STATEMENT E.10 The City in conjunction with the DMD will pursue ADA accessibility and retail uses in the Bluff Tunnel. This unique resource has much potential to provide cost effective ADA accessibility from above to below the Bluff, as well as opportunities for limited commercial activities since it included commercial uses up until the time the tunnel ~vas closed in the mid-1970's. DOWNTOWN PARKS POLICY STATEMENT E. I1 Develop a series of highly usable and pedestrian friendly parks in the Central Business District to serve the resident population's needs. South Bluff, McCaughn, La Retama and Artesian Parks are likely candidates. POLICY STATEMENT E.12 Develop along the seawall an amphitheater with a "floating stage" in the marina and/or a permanent stage on McGee Beach for regular entertainment venues to increase variety of activities on bayfront. The steps of the seawall would serve as seating area for attendees of performances. POLICY STATEMENT E.13 The Park and Recreation Department willdevelop public lighting, signage, landscaping, and street furniture of a special design theme establishing McGee beach and McCaughn Park as a safe and uniquely attractive urban beach and park. Any adjacent private development should be required to install compatible features and lighting to achieve similar lighting levels and types. MARINA POLICY STATEMENT E.14 The potential of the marina will be maximized as a major destination to draw more visitors to the waterfront zone and the downtown area, from the metropolitan area and the City's tourist marketing area. A diverse and vital marina is key to a revitalized downtown and successful convention center. The recommendations of this Plan seek to identify and stimulate future growth, vitality, and economic development in the Marina for a wide spectrum of uses. Redevelopment objectives should include the addition of restaurants, retail activities, and public park and recreational uses and enhanced marina facilities and services to attract more people by providing more variety, color, life and activities to choose from. POLICY STATEMENT E.I 5 Protect and promote the Marina primarily for marina uses. Enhanced marina facilities will include expansion and improvement of the existing Marina facilities. Improvements should include additional boat slips, both large and small berths, transient and charter boat slips, restrooms with showers, pump out station and holding tank, fueling station, a ship's store, laundry, marina offices, etc. A more comprehensive and detailed capital improvement project list is listed in the Capital Improvements Chapter F. South Central Area Development Plan February 10, 2004 Page $3 POLICY STATEMENT E.16 The area devoted to parking lots on the T and L-heads (landmasses) as permanent uses should be balanced with the need to provide park and open space uses. It has been observed that the existing landmasses are the most expensive, in terms of land value, surface parking lots on the Gulf coast. Existing parking areas on the landmasses should be balanced with the need to provide park and open space for use by the general public. Additional demand for parking to serve increased retail/restaurant and marina development should be provided by on-street parking on Shoreline Boulevard and downtown, and parking garages in the Central Business District with enhanced linkages via transit services and pedestrian corridors. POLICY STATEMENT E.I 7 Linkages to the landmasses from remote parking areas in the CBD should be significantly enhanced with transit service and pedestrian corridors. The landmasses should be used more efficiently for pedestrian oriented retail/restaurants and public park, recreation and marina uses. Much of the existing parking on landmasses can be used in the interim until alternative parking/transit service is provided for restaurant and retail uses. The ultimate use of the landmasses should be predominately for pedestrian friendly uses with strong transit and pedestrian linkages to downtown parking. Enhanced transit service should be required as a condition of doing commercial business on the bayfront by any private development. POLICY STATEMENT E.18 The Cooper's Alley landmass will be improved with more pedestrian friendly amenities and landscaping. The L-head beyond the stem is totally paved and primarily devoted to automobiles or boat service areas. It is devoid of any green open space and is visually unappealing. Even though the function of the L-head landmass is primarily a marina service area, it should be landscaped to visually soften its image and made more attractive. The boat storage area located on the L-head would be ideally relocated to an off-site location, however, a less conspicuous location on the L-head with attractive screening may be acceptable. In addition, the boat ramp and associated parking area devoted to vehicles with boat trailers should be relocated to the north side of the L- head to reduce congestion at the terminus of the L-head access stem and the bait shop. POLICY STATEMENT E.19 The City Code will be amended to permit "liveaboards" in the marina only when minimum improvements and services are provided to serve them. Minimum services needed to serve this population include a ship's store and a bathhouse with showers and restrooms. This innovative concept will enhance security of the marina by adding the presence of people on a 24 hour basis in the marina. POLICY STATEMENT E.20 Extend the concrete cap and add attractive metal halide lighting on the breakwater to the fairway opening. This will significantly expand an existing publicly accessible artificial shoreline for viewing and fishing and add a very attractive waterfront feature at night with appropriate lighting. Policy Statement E.21 Extend the marina breakwater southward to create a protected sailing area in front of McGee Beach, Emerald Beach and Cole Park. PUBLIC FACILITIES POLICY STATEMENT E.22 Public amenities should be provided throughout the bayfront to make a more attractive and "people-friendly" activity center. These amenities should include design-integrated shade structures, street furniture, heavy landscaping, public parking, public restrooms, recreational facilities, drinking fountains, South Central Area Development Plan February 10, 2004 Page 34 water features, attractive metal halide lighting, and pedestrian oriented informational signage. This would create a much more attractive "front door" to the City and provide needed pedestrian facilities. POLICY STATEMENT E.23 The Corpus Christi Independent School District should be lobbied to retain the George Evans Elementary School, and the Corpus Christi Catholic Diocese to retain Central Catholic Elementary School, to serve existing and future residents' children. Retaining existing schools to serve the South Central Area is a critical element of fostering residential development in the South Central Area. UTILITIES WATER SYSTEM POLICY STATEMENT E.24 The City will conduct critical analysis and needs assessment of the water distribution system in the Plan area for potable water and fire protection needs. This assessment should include a long-range improvement program which addresses not only existing and imminent uses, but projected long-range uses according to the proposed Land Use and Development Plan. WASTEWATER SYSTEM POLICY STATEMENT E.25 The City will conduct critical analysis and needs assessment of the wastewater system in the Plan area. This assessmentshoutd include along-range improvement program which addresses not only existing and eminent uses, but projected long-range uses according to the proposed Land Use and Development Plan, and specially the redevelopment of the marina. POLICY STATEMENT E.26 Remove silt and debris in the existing main trunk sewer in Water Street from Resaca to Furman Streets. This trunk was installed approximately 50 years ago and has never been cleaned. POLICY STATEMENT E.27 Determine the feasibility of providing treated wastewater (graywater) to the large expanse of (public and private) landscaped areas in the CBD. If found to be feasible, graywater should be provided to these very expansive landscaped areas. STORMWATER SYSTEM POLICY STATEMENT E.28 Significant stormwater system improvements will be implemented as soon as possible to protect the downtown area from localized rain event flooding. The City will conduct a critical analysis and needs assessment of the stormwater system in the plan area. Some of the stormwater system problems include siltation of pipes, inadequate design and sizing of stormwater lines, and deterioration of lines. This issue was determined by unified consensus of the Stakeholders Group to be the single most important short range issue for the Downtown area. The Group felt that the City should do everything possible to prevent the reoccurrence of the damages and loss o£business due to the flood events of 2002. POLICY STATEMENT E.29 The City should establish long-term monitoring and maintenance programs for the stormwater and wastewater system and establish best management practices to keep the systems in good working order. South Central A rea Development Plan February 10, 2004 Page 35 OTHER PUBLIC SERVICES AND FACILITIES POLICY STATEMENT E.30 Consolidate electrical, fiber-optic, cable TV, telephone, and other compatible utility lines into shared conduits to minimize the many utility cuts incurred in the Central Business District. This will provide for a much more efficient and cost effective manner for the provision of these type of services. POLICY STATEMENT E.31 The City should initiate programs to deal more effectively with the transient and homeless population and facilities in the South Central Area and adjacent area. The private agencies and organizations which provide services and facilities to the transient and homeless population are in serious need of governmental assistance. Innovative programs and services have been provided by other cities to assist in this important social service. POLICY STATEMENT E.32 Additional sources of funding should be aggressively pursued for the continuation of restoration and adaptive reuse of the 1914 Historic Nueces County Courthouse. This prominent public building has sat vacant and deteriorated at the entrance to the City and Bayfront for over 25 years. The first phase of restoration began in the fall of 2003. South Central Area Development Plan February 10, 2004 Page 36 F. CAPITAL IMPROVEMENT NEEDS UTILITIES Additional stormwater system improvements are needed as soon as possible to protect the downtown area from heavy localized rain event flooding. Some of the stormwater system problems include siltation of pipes, inadequate capacity of stormwater lines and pump stations, and deterioration of drainage pipes and boxes. NOTE: Utilities item 1. was determined by unified consensus of the Stakeholders Group to be the single most important short-range issue for the Downtown area. 2. Critical analysis and needs assessment of the water distribution system in the Plan area for existing and future potable water and fire protection demand. 3. Critical analysis and needs assessment of the wastewater system in the Plan area for existing and future wastewater demand. 4. Relocate, expand and improve the efficiency of the Broadway Wastewater Treatment Plant. MARINA Enhanced marina facilities should include expansion, improvement and replacement of existing Marina facilities. Improvements should include new Marina Offices, additional boat slips, both large and small berths, transient boater slips and restrooms with showers, pump out station and holding tank, fueling station, a ship's store, laundry, etc. A more comprehensive and detailed capital improvement project list is listed below. SHORT RANGE NEEDS The following projects are grouped by highest priority to produce the highest quality of services and facilities for the marina. The time frame to implement these improvements realistically should be within the next two to three years. These improvements and maintenance of these facilities should be of the highest quality in order to accommodate large yachts and vessels. Quality facilities and services will be rewarded with positive referrals. A more comprehensive and detailed capital improvement project list is listed below. · Relocate and expand boat ramp to northwest quadrant of L-head South Central Area Development Plan February 10, 2004 Page 37 · Boaters' Facilities and Public Restrooms on all landmasses (including boaters' restrooms with showers and lounge, laundry facilities, lockers, etc.) · Four new piers with 240 boat slips and approximately 48 large boat slips on Peoples Street T-head · Marina adnfinistration office, with public restrooms, conference center, weather and sailing plan center, meeting facilities with television and satellite systems, and landscaping and lighting improvements · Boater's center with fuel station, pump-out facility, snack store and ship's store, lounge, sail library, internet access, sailing promotion, and education center · Piling existing slip repair and replacement · Trash and litter dump sites · Security cameras and electronic gate controls · Landscaping entire marina · Lighting for security and special events · Sanitary pump-out boat and cart · Cable and satellite television at slips · Water toy area · Shade structures, picnic tables, barbecue grills · Extend concrete cap on breakwater to the fairway opening and provide attractive pedestrian-scaled, metal halide lighting. MEDIUM RANGE PROJECTS The following projects are needed for the marina, however, are not as urgent as the above listed projects. They are medium range in timing (3 to 5 years out) and are generally needed to create more tourism and visitor activity such as national and international boating events, hosting of "tall sailing ships", and major restaurant and retail development. · Relocation and berthing of the Columbus Ships in the marina as a tourist attraction South Central Area Development Plan February 10, 2004 Page 38 Boat sales office and showroom with retail and sailmaker, etc. Improvements to existing slips New state of the art boat repair and haul out facility, dry stack storage facility with large boat ramp for large events, and facilities for full service sailmakers, riggers, electricians, painters, boatwrights, etc. R-pier replacement, 128 covered slips Dry boat storage Parking improvements and asphalt overlay Seafood Market/Fisherman's Wharf and permanent mooring for shrimp boats Anchorage area tbr visiting boats LONG RANGE PROJECTS · Dredging of the marina NORTH BASIN Establish a master plan for the ultimate development of the north basin (generally north of Peoples Street Breakwater). The master plan should be done as soon as possible to determine if dredge from the ship channel deepening will be needed for Corpus Christi Marina improvements. Possible improvements could include new land masses, cruise ship berthing adjacent to the Ship Channel, beaches, anchorage for large water craft, etc. BAYFRONT The following projects are proposed for the bayffont. All of these projects should be compatible with the architectural elements of the seawall i.e. steps, cap, Miradores, and benches. Additional shade structures, lighting standards and type of lighting, trash receptacles, bicycle lanes, informational signage and kiosks, and water fountains should be provided on the seawall and adjoining walkway. Provide additional McGee Beach facilities, e.g. public showers, public toilets with high frequency of maintenance, shade structures, replacement of concession building and restrooms Develop a small amphitheater utilizing the seawall steps with a stage floating in the marina and/or on McGee Beach for regular musical venues/sports events to increase variety of activities on bayfront. South Central Area Development Plan February 10, 2004 Page 39 PARK AND RECREATION Expand Convention Center grounds and take advantage of its bayfront location by creating a bayfront public park and plaza south of the Convention Center on Shoreline Boulevard medians and the Barge Dock. Recreation park improvements for Blucher and South Bluff Parks. Possible expansion and com~ection of Blucher Park to South Bluff Park. Develop public plazas on the Bluff Balustrade and improvements to Upper Broadway and La Retama Park. Place public art at: · 1-37 at Shoreline Boulevard; · La Retama Park; · Shoreline Boulevard in front of the Arena and expanded Convention Center; · Bayfront landmasses; · Artesian Park; and · Bayfront Park ECONOMIC DEVELOPMENT Promote development of the marina landmasses with public/private joint ventures for retail, restaurant, entertainment, park, marina, residential, and/or hotel development to capitalize on the unique views and prime bayfront location. Establish a Tax Increment Financing District or equivalent mechanism to provide financing for capital improvements in the South Central Area Development Plan. Relocate the Army Corps of Engineer Offices to a site away from the Bayfront Arts and Science Park. Promote development with a public/private joint venture for retail, restaurant, entertainment, and/or hotel development to capitalize on the unique views and prime bayfront and harbor location. Additional sources of funding should be aggressively pursued for the restoration and adaptive reuse of the 1914 Historic Nueces County Courthouse. South Central A rea Development Plan February 10, 2004 Page 40 ENVIRONMENTAL PROTECTION 1. Pollution prevention devices at all stormwater outfalls along the bayfront to capture stormwater debris and reduce pollution in the bay waters especially at the Marina. 2. Drainage improvements within Blucher Park to prevent periodic wash out of the Blucher Park stream and adjacent wildlife habitat. AMENITIES AND LANDSCAPING Contract with a nationally recognized urban designer to provide comprehensive urban design guidelines for downtown, uptown, the BASP, the bayfront, and the marina. 2. IH-37 landscaping improvements need a higher degree of maintenance between the Crosstown Exchange and the Bayfront. 3. Establish grand entrance features to the Bayfront Arts and Science Park at Resaca Street and Shoreline Boulevard and Chaparral Street and 1-37. 4. Develop a pedestrian walkway along the bayfront between the barge dock and the Solomon Ortiz International Center. 5. Enhance the seawall with special pavers or concrete imprinting, landscaping, increased lighting on steps, and creation of shade. Install consistent, high quality, metal halide lighting in the Marina including the breakwater, to tie the public waterfront and downtown together and provide high quality illumination. TRANSPORTATION AND TRANSIT Create a Shoreline Boulevard operations plan for temporary closure of travel lanes during large festival events such as Buccaneer Days, etc. to ensure pedestrian safety. Construction of pedestrian "bump-outs", sidewalk widening, planting of street trees, etc per Policy Statements B.C.6, B.C.7, and B.C.8. The construction of these pedestrian improvements will address the core of needed pedestrian connections in the Central Business District, on the bayfront, and the Bayfront Arts and Science Park. Construction of all pedestrian corridors shall be in compliance with the Americans with Disabilities Act. South Central Area Development Plan February I0, 2004 Page 41 Commission a transportation study to determine the feasibility of changing one-way streets downtown to two way for the purpose of creating better interconnectivity and enhanced access to storefront business in the downtown. Improve public signage for East Port Avenue and the U.S. 181 on-ramp north of Belden Street should be improved to make the public better aware of these streets as secondary routes to and from the Bay Front Arts and Science Park (BASP). Improve traffic control throughout the plan area with "real-time" traffic responsive signal and pedestrian activated controls. Creation of designated park and ride locations on the edge of the downtown for shuttle to the BASP, Marina, and other attractions in the downtown Extension of Shoreline Boulevard to connect with Chaparral Street in the BASP. Improve access from U.S. 181 (Harbor Bridge) to Padre Street (1-37 frontage road.) Street improvements necessary for baseball stadium, arena and BASP access. Extend Staples Street to Fitzgerald Street after the Broadway Treatment Plant is relocated. Enhanced public transportation system, including but not limited to a fixed alignment streetcar system. 12. Relocation of the Power Street off-ramp from US 181 to Belden Street. Sou~ Cen~alArea Development Plan February 10, 2004 Page42 G. PLAN IMPLEMENTATION POLICY STATEMENT G.I This Plan constitutes the primary guide for the development and redevelopment of the South Central Area. The Plan provides the overall basis for which the City makes determinations concerning zoning, capital improvement projects and programs such as street improvements, park and marina improvements, and infrastructure improvements, and to a somewhat lesser degree building code issues. POLICY STATEMENT G.2 A Strategic Action Committee will be established by the City to implement this Plan. This group should consist of entrepreneurs and property owners with businesses or property located within the South Central area, professional architects and engineers, commercial realtors, at-large citizens who have no financial interest in the Area, and representatives from governmental agencies which provide services to the Area, and representatives from the applicable City advisory committees, e.g. Watershore, Parks, etc. The primary charge to this ad hoc group is to aggressively pursue the implementation of this Plan. The committee shall develop specific strategies for implementation of the Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. The highest priority projects for the Strategic Action Committee include: South Central Area Development Plan projects to be recommended for inclusion in the next City Bond Program; · Implementation of sustainable new or additional funding sources for Central Business District improvements, i.e., Tax Increment Financing District, Public Improvement District, increase in marina slip rental rates to upper range of coastal marinas, or other mechanisms to fund projects. Identified funding sources should be in place within 12 months of adoption of the South Central Area Plan; · Final resolution of the "Bayfront Park" including funding for improvements and construction, if any is required. · Annual input into the City's Capital hnprovements Program. South CentralArea Development Plan February 10, 2004 Page43 APPENDIX A: ISSUES REPORT Sou~CentrnlArea Development Plan February 10, 2004 Page44 APPENDIX A: ISSUES REPORT Introduction A comprehensive plan is a long-range planning document that cities use to provide a guideline for the future use of public and private properly (zoning and subdivisions) and as a guideline for the location of capital improvements, such as roads, utility lines, and other public infrastructure. The Corpus Christi City Charter, approved by voters in 1986, mandated that the City would have a comprehensive plan. The Comprehensive Plan and amendments to it are reviewed by the City Planning Commission and approved by the City Council. The Charter also required that any plan element must have ample opportunity for public citizen input. Background In 1987, City Council approved the first phase of the development of the City's Comprehensive Plan, the Corpus Christi Policy Statements. The Policy Statements document is a broad policy document including goals, objectives and policies regarding long-range growth and development of the City. The Policy Statements contain development policies on land use, transportation, public services, economic development, and protection of the environment. The second phase of the development of the City's Comprehensive Plan is the formulation of more detailed area plans for each large geographic area of the City. Since the adoption of the Policy Statements, 11 Area Development Plans have been adopted by the City. The original South Central Area Development Plan was adopted in 1991. Since 12 years has lapsed since the original plan was adopted and numerous changes have occurred in the South Central area, the need for the current plan update is apparent. Attached is the planning process (Exhibit A) for the update of the South Central Area Development Plan. As part of the process, an informal stakeholders group composed of public and private business leaders was formed to meet with staff and suggest planning issues to be addressed in the Plan update.(Exhibit B) After four meetings with the Stakeholder Group, staff developed this Issues Report. (Exhibit C) The Report was then submitted to the Stakeholder's Group for review and comment. After making Stakeholder revisions, the Issues Report will be presented to the City Planning Commission. The next step in the process will be for Staff and the Stakeholders Group to use the issues report as a basis for updating of the South Central Area Development Plan, taking into account the identified issues. The draft Plan will be presented to appropriate City Boards and Committees for review and comment. Staff will incorporate suggestions into the draft Plan and then submit the dral2 Plan to the Planning Commission for public comment and public hearings. Recommendations by the Planning Commission will be incorporated into the draft Plan and then submitted to City Council at a public hearing for final approval. Environment Flood Hazard Areas - Much of the area below the uptown bluff is located in designated Flood Hazard Areas. The area bayward of the seawall including the Marina is within in a velocity zone. Areas within velocity or "V"- zones are subject to damaging wave action of greater than three feet in addition to the base storm elevation during a 100-year flood. Special care must be taken for all improvements bayward of the seawall to minimize damage by storm surges from the bay. Areas of very low elevation landward of the seawall and below the bluff are protected from storm surges by the 14-foot high seawall. These low areas are located in the FEMA "B"- zone (100 to 500 year flood), generally a very low risk flood area. However, because of these very low elevations below the bluff development is also dependent on the downtown drainage and pump system to keep those areas from flooding. In 2002 numerous businesses flooded twice during localized downpour rain events during the summer and fall. This has caused a South Central Area Development Plan February 10, 2004 Page 45 significant upgrade of the area's drainage system to be included in the short range portion of the City's Capital Improvement Program Issue: (See Stormwater issue under the Utilities section). Water Quality of Bayfront - Stormwater draining into the bayfront marina and Magee and Emerald Beaches are impacted by downtown runoffpollutants i.e., trash, litter, street pollutants, etc. Issue: There are dozens of stormwater outfalls along the seawall and the beaches of the Plan area that deposit floating debris along the seawall at the corners of the T and L-Heads is evidence of this issue. Wetlands - The only wetlands within the Plan area are located within the natural drainageway in Blucher Park. Issue: Blucher Park Improvements. Existing and Future Land Use High intensity mixed use development (residential and commercial) and civic oriented development of the highest possible character is the vision for the South Central area. High visibility corridors might include. Issue: Provision of amenities for high-density developments and along high visibility corridors such as Shoreline Boulevard, IH-37, and connecting streets to the Bayfront Arts and Science Park. Issue: Future land use for the Port area immediately west of the Harbor Bridge. Issue: Most appropriate use of the abandoned Broadway Wastewater Treatment Plant site. Housing - Issue: Incentives to promote significant increases of quality residential development and compatible mixed uses in the CBD and surrounding residential neighborhoods e.g. conversions to loft apartments, specialty grocery stores, and other residential serving uses. Issue: Future use of residential areas west, northwest, southwest, and south of the CBD. Issue: Incentives to a create sense of conunanity in the Central Area. Issue: Identification of obstacles to redevelopment in the Central Area. Issue: Reduction or elimination of residential parking requirements. Urban Design Guidelines and Zoning Urban design is a term used to define how a community manages the physical and visual character of its built environment. Urban design has become an increasingly dominant issue in the South Central Area in response the City's desire to promote quality development in the City's most visible and accessible tourist district. The South Central A rea Development Plan February I0, 2004 Page 46 design quality of the built environment can have a profound effect on the economic and social health of a city. For example, the landscaped pedestrian intersection improvement along Chaparral Street, the new street lighting installed by the Downtown Management District throughout downtown and the landscaping and sidewalk improvements on Peoples Street help create a "sense of place". A high quality visual environment is a fundamental requirement to attract long-term, high-quality investment. While the City has had some successes in creating public improvements with a unique high quality and character, the City has not adopted a set of Urban Design Guidelines to assure a consistent theme and high quality for public and private development. Issue: Possible areas of the CBD that should be subject to Urban Design guidelines: · Primary Entryways to the Bayfront Business District, the Bayfront, the Bayfront Arts and Science Park (i.e., Port Avenue, IH-37, Twigg Street, Leopard Street, and Agnes/Kinney Street). · Along Shoreline Boulevard and Ocean Drive. · All development and improvements in the Marina and on the Bayfront. · Along the Bluff Balustrade. · Bayfront Arts and Science Park. · Central Business District (Downtown and Uptown) Issue: Elements that could be considered for inclusion in any urban design guidelines: · Higher density mixed-use development · Mixed-use compatibility · Pedestrian amenities including lighting and landscaping for private and public development · Greater signagecontrol · Architectural controls including preservation of historic facades and structures · Public and private parking lots · Compact parking spaces · View corridors · GreatStreets Program Neo-traditional development is characterized by medium to high density, mixed use, pedestrian friendly design and amenities, small front yard setbacks, storefronts, narrow streets and urban design guidelines. Issue: The Plan may contain policies on where "neo-traditional" development in South Central inner neighborhoods would be appropriate. Issue: Reduction of billboards in the South Central area. South Central Area Development Plan February 10, 2004 Page 47 Historic Preservation - Issue: Incentives for preservation and facade restoration. Zoning and Development Existing zoning district requirements and zoning district boundaries within the Central Area should be critically analyzed to assure that zoning will complement and encourage redevelopment of the area. Issue: Implementation of South Central objectives in the Unified Development Code. Issue: Rezoning requests and building permit approval contingent upon adequacy of infrastructure to handle the additional intensity of development. High-rise development on Shoreline Blvd. issue: Establishment of"visual corridors" to protect views from the lower mid-rise development west of Water Street to the bayfront. Economic Incentives Issue: Provision of a full gamut of financial assistance to prospective development in the Central Business District, e.g., tax increment financing, renewal community tax incentives, tax abatements, etc. Transportation Three freeways, Interstate 37, U.S. 181, and the Crosstown Expressway serve the Central Area. Five arterial streets serve the area including: Staples, Morgan, Leopard, Agnes/Laredo and Shoreline Boulevard. The Regional Transit Authority has made a substantial investment in the South Central Area including: the Staples Street Station; Substations at Water Street/Schatzell, Lawrence/Chaparral Street, LeopardFFancahua Street; Water Taxi service stations at the Barge Dock and the Peoples Street T-Head. Shoreline Boulevard - Issue: Determination if a bayfront park through a specific community wide planning process is feasible. Issue: Reduction of traffic lanes on Shoreline Boulevard and traffic management techniques. Water Street - Issue: Pedestrian improvements on Water Street to enhance this highly traveled and highly visible corridor e.g., landscaping, pedestrian bump-outs, transit stations, unified lighting, etc. Terminus of North Shoreline Boulevard The conceptual master plan for the new arena, the expanded convention center and the surrounding area envisions the extension of Shoreline Boulevard northward into the Water Garden area terminating at Chaparral Street. This design would have a positive resolution to the dead end of the existing North Shoreline Boulevard. However, the design comes with several issues which would need to be resolved. South Central Area Development Plan February 10, 2004 Page 48 The running water "brook" which connects the Art Museum to the Water Garden would be broken, visually and physically separating the Museum from the Water Garden. Since the Water Garden and its "brook" connection was paid for by the Museum, any extension of Shoreline Boulevard should include participation in the planning and design by the museum. Issue: Vehicular and pedestrian circulation at the Bayfront Arts and Science Park (BASP). New Harbor Bridge - Issue: Future access to the CBD from the new Harbor Bridge and reuse of abandoned sections of the old Harbor Bridge right-of-way. Transit Services, Parking and Other Facilities - The Central Area due to its high-density development, with high concentrations of employment and government centers and the city's primary tourist attractions and accommodations, has the highest demand for transit services. The new arena, baseball stadium, and the expanded convention center will add significantly to the demand for transit services in the ama. The RTA is currently analyzing all feasible options to significantly enhance public transit services in the area. Issue: Determining the most effective combination of on and off-street parking and RTA services with regard to serving the Bayfront Arts and Science Park and the Central Business District (CBD). Issue: Zoning requirements consistent with plan objectives for parking and enhanced transit services. Issue: Provision of public parking vs. reliance on transit services. Issue: Parking metering expansion and pricing. Downtown/Uptown Grid Network - Issue; Preserving the grid arterial system in the CBD. Issue: Criteria and justification for street closures. Sidewalks - Issue: Maximizing pedestrian connectivity between the Bayfront/Downtown/Uptown and Bayfront Arts and Science Park. Issue: Pedestrian comfort improvements in the Bayfront/Downtown/Uptown and Bayfront Arts and Science Park. Public Services Utilities - Rehabilitation of aging and undersized infrastructure in the Central Business District. Water Issue: Identification of water distribution system improvements for the Central Area. South Central Area Development Plan February 10, 2004 Page 49 Wastewater Issue: Identification of wastewater distribution system improvements for the Central Area. Stormwater - Sea Wall Improvements Phase One (Art Museum to Power Street) of four phases is approximately 50% completed with completion of this phase projected by November 2003. All of the remaining phases are projected to be completed by Fall of 2006. These repairs should provide adequate protection from storm surges for 60 to 70 years. To protect against localized flooding such as occurred in 2002, additional drainage improvements including significant upgrades to the pump stations and drainage boxes and piping in the downtown area will be needed in the short to medium term. Many of the stormwater lines in the area are also very old and are in an advanced state of deterioration and/or not providing the necessary capacity due to inadequate sizing or blockage due to buildup of silt. Issue: Stormwater system improvements to protect the Central Area from localized flooding. Issue: Long-term maintenance for the South Central storm water system. Issue: Best management practices for storm drainage in the South Central Area. Natural Gas Issue: No issues identified. Other Utilities - Issue: Enhancement, coordination, and consolidation of private utility providers in public easements and right-of-way. Parks Bayfront Park - Issue: Creation ofa bayfront park and associated Shoreline realignment. Magee and Emerald Beach - The current beach renourishment project will create significant widening of Magee and Emerald beaches. Issue: Identification of high priority beach facilities, e.g. public showers, public bathrooms, etc. Blucher and South Bluff Parks - Blucher Park is a City-designated wildlife sanctuary and only minimal brick and mortar improvements can be constructed in the Park. Issue: Park improvements to Blucher and South BluffParks. Issue: Expansion and connection of Blucher to South Bluff Park. Bluff Balustrade - Issue: Bluff Balustrade, War Memorial Park and La Retama Park improvements e.g., opportunity for public plazas. South Central Area Development Plan February 10, 2004 Page 50 Bayfront Recreational amenities Marina Issue: Specific public purpose redevelopment objectives. Issue: Marina liveaboards. lssue: Expansion of the existing Marina. Festival site location The new arena is under construction and scheduled to be completed in late 2004. The area along North Shoreline Boulevard between Power Street and the Convention Center may not be large enough to accommodate Bayfest and other possible festivals. Issue: Permanent festival park location and facilities. Public Facilities Public facilities - Issue: Bayfront public facilities such as public parking, public restrooms, recreational facilities, shade structures, etc. Issue: Retaining public schools to serve the South Central Area. Historic Nueces County Courthouse - This prominent dilapidated building at the entrance to the City and Bayfront has been a source of much debate over the last 25 years. Restoration is scheduled to begin in the fall of 2003. Issue: Additional sources of funding and adaptive reuse. Public Safety Shoreline Boulevard and Pedestrian Crossings - Issue: Pedestrian safety for crossing of Shoreline Boulevard: between the Coliseum and the Seawall during the Buccaneer Days carnival; across fi.om Shoreline Hotels primarily located at Twigg, Peoples, and Lawrence Streets. South Central Area Development Plan February 10, 2004 Page 51 EXHIBIT A: Revised Process Schedule 6-17-03 Planning Process and Schedule 2003 Dates Initiate dialog meetings with the Downtown Management District (DMD) Long Range Planning Committee (LRPC). to ident!f~' downtown isz:ze: and to ~.[.~,~y a "vision" for the dc' Series of meetings with the Stakeholder Group to identify development issues and possible alternative courses of action, mad refine thc "dc:;'ntown :'i:!c':". Stakeholders may include the DMD, Chamber of Commerce, RTA, TXDOT, CCISD, Convention and Visitors Bureau, Port of Corpus Christi, Economic Development Corporation, Convention Center/Heritage Park, Metropolitan Planning Organization, Coastal Bend Bays and Estuary Program, May thru July A Downtown Issues Report will be presented to the Planning Commission. Staff will also forward an informational report to the City Council containing the issues identified by the Stakeholders Group. Staffwill formulate a complete the draft update to the South Central Area Development Plan by addressing the issues identified in the Issues Report. The Stakeholders will review and suggest changes to the draft plan. Staffwill revise the draft plan as necessary. June/July August July thru August Staff will review the Draft Plan and Stakeholder changes with City Management. After an)' forwarded +^ +h~ City ~' ..... ;' as :.r ....,:~. r.~ act!ch required at Planning Commission presentation of the draft plan and the Commission provides comments and suggestions. Staff presents the Draft Plan to z~keho!derz: the DMD Long Rang Planning Committee, Landmarks Commission, RTA, Water Shore Advisory Board, Park and Recreation Advisory, Transportation Advisory Committee, etc. AugusffSeptember September September - October 9. 10. Planning Commission public hearing/action. City Council presentation. City Council public hearing and approval. November November December South Central Area Development Plan February 10, 2004 Page 52 EXHIBIT B: Invitation Letter to Stakeholders April 29, 2003 Subject: Invitation to participate in an ad hoc committee to identify South Central (Central Business District) planning issues The City Council has placed a high priority on undertaking a comprehensive update of the South Central Area Development Plan adopted in 1991. An updated plan is needed to address expansion of the Convention Center, construction of the Arena and baseball stadium and development of the marina. Additionally, the City Charter requires periodic updating of Comprehensive Plans. The purpose of this letter is to invite you to participate in the South Central Stakeholders Group (SCSG). The City is forming a Stakeholder Group of 10 - 20 members from various segments of the Central Business District (CBD). We anticipate that the SCSG will meet no more than three times in the coming months to discuss and identify Central Business District planning issues. Each meeting will last approximately one and a half hours. The first two meetings will be informal exchanges of ideas on Central Business District (CBD) planning issues and general brainstorming on how the area should develop. By the third meeting, staff will present a draft Issues Report for the group to review. Staff will submit a final Issues Report based upon the group's discussion to the Planning Commission in June or July. The Issues Report will be a major basis Staff uses to formulate policies for the draft plan to be presented and public hearings held with the Planning Commission this summer. The Stakeholder Group meetings will be held at City Hall, 1201 Leopard Street in the 6th floor meeting room. The SCSG meeting schedule is as follows: Meeting 1 - Thursday, May 8, 2003, 6:00pm - 7:30pm Meeting 2 - Thursday, May 22, 2003, 6:00pm - 7:30pm Meeting 3 - Thursday, June 12, 2003, 6:00pm - 7:30pm South CentralAreaDevelopment Plan February 10,2004 Page 53 Your participation in this process is a great opportunity to help steer the City in the right direction concerning Central Business District redevelopment. Staff will be contacting each of you to determine if you would like to participate in the SCSG. If you have any questions about this letter, feel free to call Bob Payne, Senior Planner, or Mic Raasch, City Planner, at (361) 880-3560. Thank you in advance for your consideration of participating in these very important stakeholder meetings for the South Central Area Development Plan. Sincerely, George K. Noe City Manager CC Margie C. Rose, Assistant City Manager Art Sosa, Director of Development Services Michael Gunning, Assistant Director of Development Services / Director of Planning South Central Area Development Plan February 10, 2004 Page 54 EXHIBIT C: Issues Identified by Stakeholders Group South Central Stakeholder Group May 22, 2003 Ranking Assets and Strengths A = High t;= Medium Assets and Strengths C = Low (Ranked by Highest Number of Listings) A ~ayfront ... Unique A vlarina Development A nfrastructure... Facilities Development B tistoric Buildings...Connection to Past & Tourism $ B ~ort and Ship Channel...Partnership Opportunities B [vailabilit¥ of Vacant Land and Bldgs. For Development B )iversity of Uses B Vlarina... Activity B ~lluffBalustrade and Seawall...Opportunities for Unique Overlooks B 3rid Transportation System...Choices of Development and Mobility B Business District on the Water B Views...Protect B Concentration of Cultural Elements in Bayfront Arts and Science Park B City Officials...Concerned with and Aware of Value of Area and Priorities C Natural Beauty (of Bay) C Lack of Traffic Congestion C Climate C Environment C Relaxed/Casual Nature C Directed Patrol Officers C Access to Waterfront C Hotels.~ .Generate Revenue C gntertainment...24/7 Attractions C [bundance of/and Quality of Vacant Properties...Opportunity for City to Guide development C )cean Drive/Shoreline Boulevard View...Unique Recreational Opportunities C )owntown Management District...Willing to Tax Self for Betterment of Area C >h~ps/Port Economic Opportumt es Fun to Watch Ships C ~.enewal Community Program C ~ar~est Concentration of Restaurants South Central Area Development Plan February 10, 2004 Page 55 Issues and Challenges Ranking -- High [~= Medium Issues and Challenges = Low (Ranked by Highest Number of Listings) ~.ging Infrastructure: A - Very Expensive to Repair/Rehabilitate · Creates Problems - Not Designed to Modern Standards · Substandard Sidewalks A Lack of Residential Units A Lack of Pedestrian Comforts...Including Public Transit Facilities and ADA Compliance A Derelict Buildings B Eommuter Traffic along Seawall Multi-modal Transportation Facilities B - Drop offand Pick up (Water Taxi) B ~qew Harbor Bridge Shoreline Boulevard: B - Public Safety Concerns · Green Space Connection to Waterfront B Lack of Connectivity between Port and Downtown and Uptown Need to Retain Schools in Area B - Necessary to Retain/Attract Residents B Historic Courthouse - Poor Condition B Lack of Parking - Nowhere to put Cars B Special Events...Location and Frequency Socioeconomic Conditions/Vacant Buildings C - Deters Population Growth C Limited Access to Some Areas C Vacant Property (Absentee Owners) C ]['raffic Flow - Exitin[; Area C Climate: Heat, 'Wind and Shade C Urban Desi~;n - Enhance Aesthetics C Lack of Color - Make Bolder C Concert Noise South Central Area Development Plan February 10, 2004 Page 56 Ideas and Visions Ranking ~. = Iligh [~= Medium Ideas and Visions Z = Low (Ranked by Highest Number of Listings) Residential/Mixed Uses - Variety of Opportunities A e.g. Loft Apartments, "Liveaboards", etc. A Make Downtown, Uptown, and Bayfront to Port Area More Accessible to Pedestrian and Public Transit Users with Trees and Lighting A New and Improved Transit Services - Help Move People (more efficiently) ~ e.g. Trolley A Creation of Economic Incentives: Tax Abatement, Tax Increment Financing, etc. A World Class Marina B Upgraded and Rehabilitated Infrastructure B ~andscaping/Signage - Beautification Jpper Broadway Developed as Public Terrace Plaza with Cafes, B ~,etail, etc. B 'reservation of Existing Residential Neighborhoods B ~elocate Commuter Traffic Away from Bayfront B ~ehabilitate Vacant Structures C 'arking Garages - Coordinated with Transit System - with Ground Level Retail (along street frontages) C ~evitalization of Existing Architecture C ~.ctivities to Attract People C Enhance Accessibility to Bayfront C Zreate Safe Bayfront Park C Zreate Festival Facility C Attract a Convention Center Hotel (Encourage Economic Activities) C Fhis Plan to be Used as a Tool to Create a Vision C Enhance Accessibility to Bayfront - Improve Port Avenue C Dual Use Opportunities for 24/7 Activities C Expanded Entertainment Opportunities C Widen Sidewalks (in Downtown) C Park and Open Space Enhancements C Higher Education and Housing Opportunities (Satellite Campus) C T-Head Development C Need to Focus on Downtown as Economic Engine Adaptive Reuse of Coliseum - Passive Uses with Arts and Crafts C Not Rides, etc. - Will Create New Activity Node Soutb Central Area Development Plan February 10, 2004 Page 57 APPENDIX B: HISTORICAL PLANS AND STUDIES South Central Area Development Plan February 10, 2004 Page 58 A comprehensive list of studies, plans, and reports concerning the Central Study Area was prepared as part of the original 1989 South Central Plan and has been at~ached to the following list. Since 1989, the following is a list of land use studies pertaining to the South Central Plan that have been developed by the City or other agencies: 1991 South Central Area Development Plan adopted by City Council on May 21, 1991. The first adopted comprehensive plan element specifically for the downtown area adopted by City Council since the 1956 Corpus Christ Comprehensive Plan. Est. 1991 Heart of Corpus Christi Vision Plan an urban design follow up to the South Central Area Development Plan. The Vision P}an contains a number of public and private property recommendations pertaining to streetscape and park/plaza enhancements. t996 Corpus Christi Community Cultural Plan accepted by City Council in 1996. A blue print for community cultural development offering recommended goals and implementation strategies to guide public and private sectors. June 1996 Vision 2000 - a grassroots visioning process undertaken by citizens committees over a two year period from 1994 thru 1996. The process included input citizens and a number of public agencies including the City of Corpus Christ and a number of town hall style meetings and workshops. October 1998 Waterfront Master Plan for Cargo Docks I and 2 for the Port of Corpus Christi. This plan, consistent with the South Central Area Development Plan, addressed the adaptive reuse and redevelopment of industrial docks to tourist oriented developments next to the Bayfront Arts and Science Park. This plan area encompasses the Solomon Ortiz Center and proposed baseball stadium. October 2003 AIA's Bayfront Plan an intensive one day charette of AIA members to illustrate a recommended bayfront park concept. Draft South Central Area Development Plan City Council Public Hearing 02-10-04 February 10, 2004 ATTACHMENT VIII ORDINANCE ADOPTING THE SOUTH CENTRAL AREA DEVELOPMENT PLAN: AN ELEMENT OF THE COMPREHENSIVE PLAN AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI("THE CITY")BY ADOPTING THE REVISED SOUTH CENTRAL AREA DEVELOPMENT PLAN; ESTABLISHING THE CITY'S COMPREHENSIVE PLAN POLICIES ON THE DOWNTOWN, UPTOWN, BAYFRONT, BAYFRONT ARTS AND SCIENCE PARK AND SURROUNDING AREAS FOR PROTECTION OF THE ENVIRONMENT, FUTURE LAND USE, TRANSPORTATION, PUBLIC SERVICES, AND CAPITAL IMPROVEMENTS; RESCINDING THE SOUTH CENTRAL AREA DEVELOPMENT PLAN PREVIOUSLY APPROVED BY RESOLUTION 021169, MAY 21, 1991, AND AMENDED BY ORDINANCE 022166, FEBRUARY 28, 1995; AMENDING RELATED ELEMENTS OF THE COMPREHENSIVE PLAN INCLUDING THE URBAN TRANSPORTATION PLAN; 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 South Central Area Development Plan, an element of the Comprehensive Plan of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 19, 2003, during a meeting of the Planning Commission, and on Tuesday, February 10, 2004, during a meeting of the City Council of the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that these amendments 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 South Central Area Development Plan (a part of the Comprehensive Plan of the City of Corpus Christi, Texas), including the Introduction, Policy Statements, Figures, Tables and all other elements and pads of the South Central Area Development Plan, are hereby adopted as an integral part of the Comprehensive Plan to read as shown in Exhibit "A" attached and incorporated by reference. SECTION 2. That the South Central Area Development Plan adopted by City Council Resolution 021169, May 21, 1991, and amended by Ordinance 022166, February 28, 1995, are hereby rescinded. SECTION 3. That to the extent the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan, including the Urban Transportation Plan, is amended to conform to the amendments made by this Ordinance. SECTION 4. That the Comprehensive Plan of the City of Corpus Christi, Texas as amended from time to time, except as changed by this Ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 5. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 6. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 7. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenere Melody Cooper Henry Garrett day of ., 2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the . day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero ,2004, by the following vote Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Melody Cooper Henry Garrett PASSED AND APPROVED, this the ATTEST: day of CITY OF CORPUS CHRISTI ,2004. Armando Chapa City Secretary Approved /~¢~,~_? , 2004 For City Attorney Samuel L. Neal, Jr. Mayor LIST OF STUDIES, PLANS, AND CONCERNING THE CENTI~AL STUDY A~EA DEPARTMENT OF PLANNING JkNUARY 4, 1989 1. Bayfront Development Plan, Hare and Hare, 1944-45. Accepted. Graphic Design for Bayfront including Shoreline Boulevard, and four L and T-Heads. 2. .Heliport Location Study, Zoning and Planning Co~ission 1953-54. Staff study. Proposed several alternative sites for the location of a 'heliport along the bayfront and in the downtown area. The study strongly supported the creation of a landmas~ at the end of what is now I.H. 37. As an interim heliport location the study reco~ended what is now the median of I.H.'37. The heliport today is located in the 'median of I.H. 37. 3. Comprehensive Plan for Corpus Christi Area, Harland Bartholomew and Associates, 1953. Adopted. ~'~.e first and only Comprehensive Plan to be approved for the City of Corpus Christi. Reviews origin of traffic destined to the central business district (CBD), existing _traffic patterns in CBD, and existing parking facilities. study placed a great deal of emphasis on proposed parking. The Plan recommended the following improvements along the Bayfront. · Bathhouse at McCaughan Park - Pedestrian tunnel udder E. Shoreline connecting McCaughan Park to Water. Build L-Head - Complete original plan for Marinas. ' Off-shore parkway - Original concept. ' Shrimp fleet - harbor entrance. Provide new accommodations at present · Arts Commission To determine appropriateness and adequacy of architectural design of buildings facing the bay. For Corpus Christi 5each the Plan recommended the ~emova] cf 5ascule Bridge crossing Proposed to replace 5ascu]e 5ridge with a gunnel under the harbor entrance. (The tunae] later proved tc k.e unfeasible and the Harbor Eridge was created in ~ts place.) The study also F~oposed to construct highway lB1 west of Timon Blvd, where it now connects with the Harbor Bridge. North Beach Study, Price W. Armstrong, 1956. Accepted * Build a wide and elevated recreational beach and a protective seawall at North Beach. * Protect the area by reinforcing and vegetating the dune wall of Mustang, St. Joseph and Northern Padre Islands. 5. CORPUS CHR~ST~, TEXAS Central Business District, A Panel study by the Urban Land Institute, 1965. Accepted. The study includes an examination of the existing physical, economic, and social conditions within the City and their direct or indirect influences on the Central Business District. The study also reviews existing conditions within the Central Area itself, identifying both problems and opportunities. Recommendations provided in this study include: · Government Center , New office structures for the County, Federal, City governments and the Department of Education constructed as a new government center complex immediately to the north of the retail core. Blighted areas - Demolish and redevelop through the ~mplementation of a Federal Urban Renewal Program. : · Major retail core Bounded by Water and Mesquite Streets between Schatzel and Lag una Streets. Refurbish through removal of parking on a three block section of Chaparral Street (between Schatzel and La_ouna Streets), sidewalk widening, canopy construction, sign control, beautification and other face-lifting techniques. * Future traffic congestion Avoid traffic congestion in the CBD through the construction of an off-shore highway or alternative inland route. 6. corpus christi Beach Plan, corpus Christi planning Commission, 1966. Adopted. Eeach access and parking FIc. vide at the beach. One-way loop system Eur~sJde, Timon, and Shoreline Boulevard. Zoning and five locations North 7. Volume I and II, the Comprehensive Plan for Corpq~ christi, Harland Bartholomew and Associates, 1967. Consultant report, Accepted. The study identifies existing land uses, evaluates existing utilities and discusses the overall existing condition of the central area. It also includes a review of the traffic conditions, parking facilities, public transportation and pedestrian circulation. Recommendations of the plan include: * Government Center - Contains all major public buildings for Federal State, County and City functions and is located adjacent to the bluff near Leopard street providing a connection between the uptown and dow%%town areas, office space, small scale retail outlets and service activities would surround the government center forming the core of the central area plan. * North of the central core, from I.H. 37 to the Bayfront Science Park, a mixed use neighborhood of high density residential, con~erce, and controlled industry. * West of the central core area {above the Bluff) existing commercial uses along Leopard street would remain as a secondary commercial center. Redewelop the residential neighborhood south of the Leopard as a medium to high density residential area. * South of the central core area, proposes a high-density residential area in the neighborhood surrounding Blucher and South Bluff Parks. In this sa~e area below the Bluff, a small office and service commercial center is proposed along Carancahua and Tancahua Streets. * Improvement of streets Addition of several new connections, and a solution to the complicated movements between uptown and downtown. A series of pedestrian walkways is also proposed in the area opened by the extension of Leopard Street to Shoreline Boulevard. , Shopping mall Established on Chaparral Street between Cooper and Schatzel Streets by closing the street to vehicular movement. Appropriate amenities provid~d. * Major tourist facilities - To be located in the central area: a convention center complex, the marina, and a new cultural center. , Hotel, motel, and tourist complex - along shoreline Boulevard. At the end of Shoreline Boulevard, the present Cclisehun would be expanded into a convention center. Shoreline would be relocated to the west side 3 of the Coliseum/Convention Center in order to facilitate the improved recreational and tourist activities proposed in the immediate bayfront and marina areas. Marina should be enlarged. * Off-shore highway concept. * Restoration of North Beach - Enlargement of existing parks, acquisition of additional open space, and the development of tourist facilities to include sites for motel or hotel operations, restaurants, cruise boats, fishing piers, etc. Residential development - Apartments. * Regional park - North end of Corpus Christi beach. 8. Exploratory Evaluation, An Off-Shore Highway, Bartholomew, 1967. Accepted. Harland This study considered the feasibility of an off-shore highway in the Bayfront area, linking a series of man-made islands. 9. Corpus Christi Bayfront Study, Sasaki, Walker, and Associates, 1974. Accepted. Discusses possibility of reviving downtown by creating a mall with shops, restaurants, entertainment, small parks, fountains etc. Recommends a bay to bluff connection via Peoples Street. * Shoreline Phased out as a main arterial to provide a green park zone. Increase the amount of planting and create defined pedestrian walkways. · Ocean Drive Consider in light of University expansion and increased tourist activity. An exclusive bike path interconnecting parks on the shoreline is highly recommended. Peoples Street T-Head - Developed with bandshell. * Corpus Christi Beach - new development would not compete with the main downtown area. Low rise, high density small scale, primarily residential. · Fishermen's wharf - Tourist oriented complex/possible ports of call for pleasure crafts at south end. Beach parking and Boulevard access Acquire land - 4 - along east side of Highway 181 for public parking, link parking areas to beach by pedestrian sidewalk and develop old railroad right-of-way as green boulevard. · Connection of bayfront beach to Nueces Bay across the northern end of peninsula. · Marina - At Rinccn Point. 10. Choices Facing Corpus christ%, Goals for Corpus Christi, 1975.--~ot Completed. This goals program was the City's first concerted effort to determine goals and objectives for the improvement of the City. Extensive public hearings were held throughout the community by a 150 member Goals Committee. The program produced the above reference booklet which was actually a questionaire used to determine the ,'choices" facing Corpus christi. For numerous reasons the program was not completed. 11. Landmark Preservation Plan, Landmark Commission of the City of Corpus Christi, 1977. Adopted. plan establishes criteria for judging historical and architectural significance. The plan also lists historic sites which have recognized markers, sites approved for markers by the Nueces County Historical Commission, and sites suggested by various citizens of Corpus Christi. Plan is implemented through the HC Historic zoning district and Landmark Commission. It is applicable to Central Area Plan due to the number of historic structures concentrated in the area- . CorpUs Christi peach, A Coastal Manacement Beach Access ~l_ot s~ud¥, Planning Department and Texas A&M UniversitY, 1977- Accepted. * Timon and Surfside boulevards - Continue the theme of Ocean Drive. · Access to beaches Strictly pedestrian. These walkways would accommodate necessary beach support facilities, such as bathhouseS, restrooms and concession stands, walks complimented with a system of bikeways and roadways. · Saltwater pool, or aquarium At Rincon park. , Surfside park Located between high and moderate density uses, provide passive recreational uses. Connect to Rincon park via an elevated walkway. · View corridors - Maximize G°od exposure to the - 5 - water amd a maximum number of potential sites for development. 13. R/UDAT Corpus Christi, American Institute of Architects 1978. Accepted. · Study describes existing conditions within the central business area, explains why these conditions exist, identifies deficiencies and problems occurring in the central area and proposes solutions that may help to revive the area. Suggested solutions include: * Develop a strong pedestrian connection with a Peoples Street pedestrian mall from Leopard Street on the Bluff to the Bay. * Rehabilitate Lower Broadway, Water Street and other appropriate locations. Provide a system of parking structures to in commercial and Bayfront areas. · Housing should be encouraged in a variety of types and at higher densities. * "Avenida" - Wlden, improve, and extensively landscape an "Avenida" from the Do~zntown core area to the heart of the Mexican-American community. A connection between the downtown and west side area. * Reserve the best sites along Shoreline Boulevard for hotels, but restrict the size and placement of towers to preserve the view to the water. * Expansion of transportation systems along Shoreline Boulevard. Expand the marina water taxi service should be provided. 14. Corpus Christi Beach Redevelopment Study, Planning Department, 1978. Accepted. Completed for HUD-701 Planning Assistance Grant. Identified three factors that led to the decline of Corpus Christi Beach as, 1) the erosion of the recreational beach, 2) the destructive storm surges produced by hurricanes, and 3) the loss of commercial exposure resulting from the rerouting of U.S. 181 after the construction of Nueces Bay Causeway and Harbor Bridge. Recommendations include: ' Corpus Christi Beach Park - Bath-houses, concessions, observation decks, fishing piers, an amusement park, salt 15. Marina Development Pla~, Accepted. water swimming pool and large aquarium facility. * Entertainment District - Southern portion of Christi Beach. * Waterfront shuttle between Corpus the Bayfront. * One way loop boulevard - Timon, shoreline Boulevard. SWA Associates, Corpus Christi Beach and Surfside and 1981. * Bayfront a3nenities Including landscape, lighting, benches, bollard, trash receptacles, signing, pedestrian plaza/crossing at Peoples Street and a median closure/crossing at Starr Street along Shoreline Boulevard. * Gateway arrival point at shoreline Boulevard from the area between I.H. 37 and Mesquite to Water Street zone. * Development of a public on-the-water activity center on the Peoples Street T-Head, which includes tour boats, party boats, restaurants, waterfront shops, a maritime museUm, and aquarium- * City adoption of more efficient standards and arrangement of boat slip construction and reduction of area devoted to parking lots on landmasses. 16. Nueces County Historical-Architectural Preservation pl_~an, ~ssociated Planners, and Turner, Rome and Boultingt~ouse, 1982. Accepted by Nueces County Commissioners Court. Report documents the cultural resources existing in Nueces County, placing emphasis on those properties or districts that may qualify for inclusion in the National Register of Historic Places. Numerous sites in the central area are identified in this report as historically significant. 17. An Assessment of the ~teness and Feas~ us~_q~x Increment ~na--~n~ to aid ~-~-~ ~-~vi~izatisn of~ the Bay Front Area in Corpus Christi, TexaS, Trkla, Pett~grew, A-11e---~and Payne, 1982. Accepted. Findings and recommendations for the feasibility of Tax increment Financing in the bayfront area. 15. B_ayfrcnt Plan, Planning Commission, Adopted 1982, a~nended 1984. This document utilizes together information from past plans, studies and reports for information on opportunities, constraints and specific recommendations. It carefully selects those proposals which work best together along with existing improvements, to most beneficially utilize the CBD and the bayfront. Goals, policies and strategies were developed to accommodate the desired proposals. The goals include: * GOAL - Encourage and assist high density development in the Central Business District consisting of a mixture of professional offices, motels, hotels, housing and specialty shops. * GOAL - Monitor and improve pedestrian and vehicular movement in the Central Business District, including promotion of parking facilities. · GOAL Improve appearance and access to Shoreline Boulevard and Ocean Drive as major entrance to City. * GOAL Promote hotels/motels along shoreline while maintaining visual corridors for property located west of Shoreline. GOAL - Encourage additional land masses. * GOAL - Expand activity in the Marina including boat slips and commercial activity. * Goal - Encourage and assist in the development of Corpus Christi Beach primarily for hotel/motel facilities and high density housing plus attendant public facilities. * Goal Improve public access, physically and visually, to the full length of the beach and provide better circulation patterns in the beach area, including stronger transportation links across the ship channel. 19. Engineering Study and Recommendation for L-Head and T-Head and Breakwater ~mprovements, Goldston Engineering, /nc., 1982. Accepted and monies included in 1986 CIP. Two part engineering study to identify the existing conditions and problems relating to the T-Heads and L-Head and recommendations for additional breakwater structures north cf Peoples street T-Head. 20. Project P]an for Corpus Christi ReJnvestment Zone No.1, Trkla, Pettigrew, Allen and Payne, Adopted 1983, amended 1987- Plan describes existing uses and conditions, the fra3nework for Reinvestment zone No. 1, Phased public improvements, and an economic feasibility Study. Plan describes existing uses and conditions, the fra3nework for Reinvestiment zone No. l, Phased public improvements, and an economic feasibility Study. 21. Multicultural Center, A Report from Community Unity, community Unity, 1983. Accepted. Plan identifies the purpose of the Multicultural Center to provide space for cultural or ethnic activities, exchange cultural viewpoints and recount historical events in Corpus christi. Lists specific strategies to complete the Center. 22. S~tudy of Erosion at Corpus Christi Beach, Goldston Engineering, Inc., 1983. Accepted study discusses the pros and cons of an offshore breakwater or a terminal groin to reduce the erosion problems at CorpUs Christi Beach. The study recommends the offshore breakwater as the best solution to the erosion problems. The study states the if money is not available for the breakwater then the groin should provide satisfactory results. The City opted for the use of the groin. 23. 1985. Task ~orpus Christi '90, Final Report~ Corpus christi '90, Accepted. Force I, cultuxe/Aits/La3%d~caping/paxks/Recxeati°n/~rina * Staples Street staff incorporates the landscaping of Staples Street into the capital improvement program. * Design Committee - Areas of existing or potential scenic value, of historical note, architectural merit, or of interest to tourist will be placed in the D Zone and subject to review by the Design Committee. The Committee has the authority to require changes in appearance of proposed building, structure, alteration or use of land and impose conditions of development. Develop the Marina and shoreline Boulevard areas with amenities and people-use areas. The development will change the shoreline 5oulevard and seawall areas to emphasize people-friendly spaces in lieu cf the current thru traffic usage. - 9 * Shoreline circulation - Graphic Plan. Design Committee See page 5 * Water/shore commission - Advise and make recommendations to the City Council and the Planning Commission regarding the development, use and preservation of water/shore areas. Coordinate I.H. 37 landscape with Shoreline landscape. Develop the full recreational potential of Corpus Christi Beach. Put in motion a process that will lead to optimum development of public/private recreational and tourism opportunities on Corpus Christi Beach. Park on north end of C.C. Beach. * Recreational vehicle park on the north boundary of park. Task Force II, Econc~xics, Business Development and Central City Development. * Low interest revolving loan Promote redevelopment of downtown through construction and rehabilitation of existing structures by the private sector. Task Force VII, Tourism/Conventions. · Multi-purpose arena Initiate action on a feasibility study of a multi-purpose arena with additional exhibit space to attract larger conventions. · Private sector investors and merchants carry out the expansion of high quality retail development along the Bayfront and within the downtown area. Horse and buggy rides on seawall. 24. Bayfront Activities Committee Ffnal Report~ Bayfront ActiVities Committee (ad hoc committee of the Park and Recreation Board). Accepted 1985, revised 1987. The committee was established to analyze the bayfront activity situation and recoJ,,~,ends which site or sites are best suited to hosting such activities as they exist or as may be expected to exist in the future. Two sites were selected based cn accessibility, bayfront location, and acreage. The sites included Bayfront Arts and Science Park/Shoreline Medians and McCaughn Park/Coliseum/City Hall/$herrill Park Area. The 1987 revision identifies the Bayfront Festival - t0 park at McCaughn Park/Coliseum/City Hall/Sherrill Park Area. 25. The Feasibility of a New Arena and Multi-purpose ~, Kenneth Leventhal and Company 1985. Contracted for and accepted by the south Texas Chapter of the Associated General Contractors. The report analyzed the feasibility of constructing an arena and a replacement for Exposition Hall. The report recommended locating the arena at Bayfront Plaza if more detailed investigations indicate that an arena could be incorporated satisfactorily with the Exhibit Hall. The report also stated that "there does not appear to be any reason to delay the construction" of the arena and the multi-purpose building- 26. A Planning and Restoration Evaluation Study of the Bluff BalUstrade, Retaining wall and Related Facilities Along Upper an----d Lower Broadway Streets, Govind and Associates, Inc. and J-ohn wright Architect, 1906. Accepted and monies included in 1986 CIP. The Report includes the history and a description of Balustrade and the other bluff facilities, investigation and analysis on the existing condition of the facilities, recommended plan for restoration, and cost estimates. 27. Analysis of Market Support for Dock One Market, Economic Resear-~h Associates, 1987. Contracted for and accupted by the port of Corpus Christi. The report analyzed the existing and near term market support for the proposed Dock One Market. The Dock One Market concept proposed the conversion of two ~nner Harbor cargo docks into restaurants, shops, galleries, and public areas. However, the Report found that the proposed project would not be feasible as envisioned, given the current and near term market support and sales potential. 28. Historical Evolution Of Corpus christi Bayfront 1900-1987, (for Downtown Retreat) Corpus christi Area Economic Development Corporation and Shiner, Mosley and Associates, May 1987. Accepted. Document produced as a reference for the May 1987 Downtown Retreat. Reviewed major planning issues addressed in various reports and plans regarding Downtown. 29. pr____eject 2001 A StrategiC Planning Process Aimed at Facilitating Decision-making, Port of Corpus Chris~i, - 11 - 1987. Accepted by the Port. Represents a formalization of the Port of Corpus Christi's ...... traditional planning process into a strategic' business plan in ldentlfylng new and different businesses, technologies and markets the Port should create or utilize in its long range plans of development and service. 30. Action Agenda 1987-1989, Corpus Christi City Council, 1987, reaffirmed 1988. 31. Downtown/Bayfront Data Collection "Fact Book," Parsons Brinkerhoff, 1988. Accepted by RTA. Discusses historical'evolution of the Bayfront and CBD from 1900 to 1987. Lists some of the studies and reports created for this area in the past and the issues they addressed. 32. Heart of Corpus Christi, Inc. Business Plan, Hyett-Palma, Inc., October 1988. Accepted. The Plan provides a two year action agenda for the initiation and completion of projects in the area designated as the Heart of Corpus Christi. It establishes a "focus area" in which revitalization efforts are to be promoted. It also prescribes specific actions and a time schedule for the initiation and completion of these projects. Some of these proposed actions are listed as follows * Streetscape improvements throughout the "focus area"; * Developing design guidelines to set the standard of quality for the rehabilitation and adaptive use of the Downtown's older buildings in addition to targeted rehabilitation and demonstration projects. * Study to determine potential for privatization of trash collection and street cleaning; * Study to determine need to continue the one-way street system in the "focus area"; and * Designate historically significant buildings on the National Register. 12 - 22 A 3oint National Training Capability (JNTC) Using Existing Training Ranges Update to Corpus Chrfsti C~y Council Feb. I0,, 2004 The South Texas Military Facilities Task Force has developed a proposal for joint use of DOD facilities in six states with proximity to the Gulf of Mexico -- Texas, New Mexico, Oklahoma, Louisiana, Mississippi and Florida. This concept is based on several realities which have emerged in 21st Century DOD combat operations. First, combat operations are being conducted by all four services fighting in the same theater of operations. Second, those combat operations are being conducted over greater distances and at longer ranges from available land bases or carrier battle group locations. Third, the inventory of bases and military assets in these six states offers a training venue where the battlespace conditions noted above can be replicated. Fourth, this four-service joint training can be conducted on 24 existing bases and facilities without significant investment in either infrastructure or equipment. This plan provides a Joint National Training Capability (JNTC) using existing training ranges. JNTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force 1 Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401 . Contact Gary Bushell (361) 537-1888 A Comparable 3oint Training Space IRAN So far, joint military operations in the 21 st Century have taken place over vast areas of terrain. Operations in Afghanistan required the Navy/Marine Corps team to extend its combat power approximately 700 miles ashore from the Arabian Sea. Operations in Iraq required similar extension of combat power. Where in CONUS do we have a comparable training theater accessible to East Coast-based military assets? While we think of the states of Texas, New Mexico, Oklahoma, Louisiana and Mississippi as a vast area, they are approximately the same size as the combat theaters in which the United States is currently operating. The distance from the Western Gulf of Mexico to the ranges at Fort Bliss and Whites Sands Missile Range is approximately 605 miles approximately the same distances we were required to travel in Afghanistan and Iraq. JNTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force 2 Feb. 10, 2004 1201 N. Shoreline, Corpus Chdsti, TX 78401. Contact Gary Bushell (36i) 537-1888 A 3oint National Training Capability · A Secretary of Defense directive calls for 25% of future training to be joint training · States in the Gulf Region provide an ideal central U.S. venue for joint training · This regional venue can provide assets for all aspects of live~ constructive and virtual training States in the Gulf Region provide an ideal venue for a Central U.S. joint training area that conforms to the directive to establish a Joint National Training Capability. With sea, land and air battlespaces and ranges, this region is well suited to helping meet the Secretary of Defense directive calling for 25% of future training to be joint training. JNTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force 3 Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushell (361) 537-1888 Projecting Power Ashore - Special Ops Special operations units of all four branches have been operating in the same battlespace in Afghanistan and Iraq. If they are going to fight together then there is a need for joint training of these units. In South Texas that training can be done by launching from the Navy's high-speed Joint Venture HSV, which will be homeported at Naval Station Ingleside in 2004, and inserting forces inland to the McMullen Range, a small portion of which is used by the Navy and Air Force for day and night training using Mark 76 practice bombs. An intermediate objective would be Alice-Orange Grove OLF serving as a hostile airfield. JNTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force 4 Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushell (361) 537-1888 Special Ops Training at McMullen Range The Navy owns 7,825 acres in southwest McMullen County in association with the practice bomb pilot training target range and DOD's South Texas Relocatable Over The Horizon Radar (ROTHR) installation. This is the the area of Texas historically known as the "Wild Horse Desert". It is Brush Country with rough terrain and dry scrub vegetation. This facility is under the control of the Chief of Naval Air Training (CNATRA) who supports the proposed training activities including the use of this property for live fire small arms training by joint special operations forces. The only civilian activity in the area is ranching and scattered oil field operations. This isolated area is less than 100 miles from the Gulf. MH-60G and MH-53J craft could be used for insertion, extraction and resupply of special operations teams carrying out missions. Existing lodge facilities on the property can provide overnight housing for 30 personnel. JNTC Gulf of Mexico Briefing. South Texas Military FaciliUes Task Force 5 Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushell (361) 537-1888 State and Local Support South Texas has been home to active DOD facilities for generations. There is strong public support for the military and for training activities. 3NTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushelt (361) 537-1888 6 Mine Countermeasures Prepare Littoral O Tinker AFB Fort Worth C) NAS JRB oAJ=B Mine Countermeasure Assets Clear Fleet Operations Area, C~annels, Harbors and Shorelines ? 0 .loint Venture: Can Be Used For Mine Warfare Command & Contro~ Plus Development of Concept For High Speed UFc and Support of Army Sl~yker Bdgades and Joint Special Operations The Mine Warfare Center of Excellence and the Commander, Mine Warfare Command are based at NAS Corpus Christi and Naval Station Ingleside. Surface, air and EOD mine countermeasures assets are available to work in existing littoral warfare training areas. The Gulf beaches on Mustang and Padre Islands are used during exercises for launching mine hunting sleds towed by MH-53 helicopters stationed at NAS CC. This area is a potential training site for Joint Logistics Over the Shore (JLOTS) by 370 TACOM. The new HSV high speed vessel to be based at Ingleside in 2004 will provide a mine warfare command and control platform as well as support other missions. The 30, 60 and 90 foot water depth contour lines noted above in the existing mine training area show the opportunity for additional shallow water training. This area is within the three league control of the State of Texas. The Texas General Land Office has been a good partner for mine warfare. The Texas Land Commissioner has seen this proposal and is most supportive. (Note: He also serves as an officer in the Marine Corps Reserve). Feb. 10, 2004 JNTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushell (361) 537-1888 Bringing Conventional Forces Ashore Diversionary Amphibious Force Travels Through MItmfleld and On to Beach The Corpus Christi Bay Area Military Complex provides several high-value exercise targets (1) a military port (NSI), (2) a civilian port (Port of CC), (3) a waterside military airport (NAS Corpus Christi), and (4) an inland military airfield (NAS Kingsville). There are also 3,000 acres on Padre Island owned by the Texas General Land Office. This land serves as a scenic buffer for the Padre Island National Seashore. An allowable use for this property is DOD military training related to the Mine Warfare Center of Excellence. JNTC Gulf of Mexico BHefing. South Texas Military Facilities Task Force 8 Feb. 10, 2004 1201 N. Shoreline, Corpus Chdsti, TX 78401. Contact Gary Bushell (361) 537-1888 Island Diversion Operation ti/eh/des Red Reaction Convoy Moves An expeditionary force conducts joint training including the breaching of offshore and close inshore minefields. USMC amphibious vehicles come ashore and disembark infantry at the dune line. Infantry conduct an assault against aggressor personnel located in and behind the dune line and establish defensive positions in dunes in order to draw the red reaction force at NAS Corpus Christi onto the island. Special operations forces call in a JDAM air strike on the 72-foot high Gulf Intracoastal Waterway bridge, trapping the red reaction force on the island. With their mission accomplished, the amphibious forces withdraw to the Gulf through the breached minefield. Feb. 10, 2004 JNTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushell (361) 537-1888 Expeditionary Forces Capture NS]I: Forces could be brought ashore at Naval Station Ingleside (NSI). NS Ingleside could serve as a hostile port to be seized by expeditionary forces. Naval Station Ingleside has 45 feet of water at the wharf and pier and can support any ship in the fleet including a carrier battle group. The Port of Corpus Christi owns 421 adjoining acres of land purchased for support of NSI. JNTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force Feb. 10, 2004 1201 N. Shoreline, Corpus Chdsti, 'IX 78401. Contact Gary Bushell (361) 537-1888 10 Forces Capture of Hostile Airfields NAS Corpus Christi and NAS Kingsville could serve as hostile airfields to be captured as final or intermediate objectives. Expeditionary forces could transit via Corpus Christi Bay and thc Intracoastal Waterway aboard amphibious vessels to NAS Corpus Christi. JNTC Gulf of r4exico Briefing. South Texas Hilitary Facilities Task Force 11 Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushell (361) 537-1888 NAS Corpus Christi Seized As :Intermediate Objective Once secured NAS Corpus Christi with its 8,000-ft runway would provide a base of operations for attacking targets and air lifting forces to Fort Bliss, Fort Hood and Fort Polk. NAS Corpus Christi could serve as a heavy lift site for tracked vehicles to be air lifted inland and as a jumping offpoint for the capture of NAS Kingsville by helicopter and mobile ground combat systems (LAV, LAV-AC, HMMWV) assault. JNTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force 12 Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushell (361) 537-1888 NAS Corpus Christi Operating Areas Available Waterfront Staging Areas NAS Corpus Christi has both beach and ramp access for LCAC operations moving personnel and equipment from the sea to staging areas aboard the base. These staging areas have both roadway and runway access. These sites have been selected by the base commanding officer who supports the proposed training operations. 'INTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force 13 Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushell (361) 537-1888 NAS Kingsville Seized As Intermediate Objective Military vehicles landing at NAS Corpus Christi would transit via existing all-weather public roadways to simulate capture of NAS Kingsville and then secure the airfield for use in the airlift of forces inland. Many of the roadways leading from NAS Corpus Christi to Kingsville were build during World War Il to serve as military linkage between the bases. They are all-weather, two-lane roads and approximate transportation infrastructure likely to be found in real combat theaters. JNTC Gulf of Hex{co Briefing. South Texas Hilitary Facilities Task Force 14 Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushel{ (361) 537-1888 NAS Kingsville Training Space Ground forces arriving to participate in the simulated capture of NAS Kingsville would approach from U.S. Highway 77 and assemble at the South Field area outside the boundaries of the air station. With helicopter support they would then make their assault on the main field. JNTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force 15 Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushell (361) 537-1888 NAS Kingsvill Staging Areas Once secured, NAS Kingsville could provide a base of operations for attacking targets and air lifting artillery (M777), light armored vehicles (LAV), Humvees (LAV-AT, HMMWV) and personnel to inland battlespaces. NAS Kingsville has significant unused ramp space and ample available areas for staging and operations. Kingsville also provides an ideal site for detachments of Navy/Marine strike squadrons to conduct joint close air support (JCAS) with special operation units at the McMullen Range and with conventional Army units such as the 4th Infantry Division and the 1st Cavalry Division at Fort Hood. Both the Chief of Naval Air Training (CNATRA) and the base commanding officer have indicated that such training would not materially impact their pilot training missions. JNTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force 16 Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushell (361) 537-1888 Bringing Resources Ashore The Port of Corpus Christi was designated as a Strategic Deployment Port in 1998. A total of 33 ships loaded with equipment sailed from the Port to the Iraqi theater in the first five months of 2003. 1NTC Gulf of Mexico Briefing. 5outh Texas Military Facilities Task Force 17 Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushell (361) 537-1888 Port of Corpus Christi Facilities There are roll on/roll offdocks on both sides of the Corpus Christi Inner Harbor. Interstate 37 and U.S. Highway 181 come to within blocks of these docks. On-dock rail service is available and was used extensively in the 2003 deployment of the 4th Infantry Division. This photo was taken Feb. 10, 2003, of equipment being deployed to Iraq. JNTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force 18 Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushell (361) 537-1888 Port of CC as a Military Objective A 2.2-million Banel Per Day Pumping Station ~n ~l-aq The Port of Corpus Christi is the nation's 6th busiest in terms of tonnage. Most of that tonnage is petroleum and chemicals. The Inner Harbor area's "Refinery Row" presents a high value but highly complicated objective. In future years expeditionary forces may be called upon to protect and secure such an objective in oil producing regions of the world. On the first day of the war in Iraq a high value objective was the pumping facility for the Rumaylah oil fields with a capacity of 2.2 million barrels per day. It was code named "the crown jewel." The station was the objective of the 1st Battalion 7th Marines but the point of the effort came down to two Marine rife squads commanded by corporals. The Port of Corpus Christi presents many opportunities for realistic training with similar objectives. While training cannot take place on all of the properties which operate 24/7, there are inactive facilities which can be adapted as both offensive and homeland security objectives. The technological expertise exists in the area to make the exercises real world relevant as to on and offshore oil and gas production, refining, petrochemical manufacturing, terminals, pipelines, barges, tankers and the docks which support them. JNTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force 19 Feb. 10, 2004 1201 N. Shoreline, Corpus Chdsti, TX 78401. Contact Gary Dushell (361) 537-1888 Moving For.c~..s From NAS. . Corpus Chnst~ and NAS K~ngsvflle Kiffiand AFB Cann°nrAFBo! ~ C~ /Missile Range Moving forces from NAS Corpus Christi and NAS Kingsville to other parts of the JNTC will require transports. Sixteen C-5s from Lackland AFB could provide heavy lift to Fort Bliss via their 13,000- foot runway or to either Holloman AFB or Roswell in the Fort Bliss area, or to Fort Hood's Robert Gray Army Air Field. There are 44 transport C-130s available at NAS JRB New Orleans, NAS JRB Fort Worth, and Dyess AFB which could provide lift to Bliss, Hood or Polk. There are eight C-17s at Altus AFB and there are C-17 capable landing strips located in the Fort Bliss desert training ranges. 1NTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushell (361) 537-1888 20 Joint Close Air Support in JNTC Use Ranges in JCAS Training Including JDAMs & JSOWs Acres of Maneuver Space With 62,000 Acres of Live Fire Area Existing ranges accessed from NAS Kingsville and from fleet assets in the Gulf provide a variety of distance, terrain and friendly forces to train with. These four ranges combine to allow for the realistic deployment of all strike weapons including JDAMs and JSOW. Texas Air National Guard Fl6 from Lackland and Ellington could provide hostile attacks as part of the training activity in McMullen County. The Alice-Orange Grove field would serve as a secured forward operating base for Marine Cobra attack helicopters, putting them in closer proximity to the training area. JNTC Gulf of Mexico Briefing. South Texas Military Fadlities Task Force 21 Feb. 10, 2004 1201 N. Shoreline, Corpus Chdsti, TX 78401. Contact Gary Bushell (361) 537-1888 3CAS Center at NAS Kingsville Why NAS Kingsville as the Joint Close Air Support Training Center? NAS Kingsville has unused capacity in ramp space and real estate. Its current mission -- training Navy/Marine strike pilots - is compatible with JCAS training for operational Navy, Marine and Air Force squadrons. NAS Kingsville currently operates flight and ordnance simulators. Two Navy-owned or controlled ranges in McMullen County are only 70 miles away with adequate space for forward air controllers (FAC) and aerial liaison officers (ALO). Attack aircraft can perform JCAS training with operational divisions at Fort Hood without refueling. JNTC Gulf of Mexico Briefing. South Texas Military Facilities Task Force 22 Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushell (361) 537-1888 Tngleside TS Ideal Homeport For Coast Guard Coastal Patrol Vessels Feb. 10, 2004 The region is proposing that the Coast Guard homeport up to five USCG PC-170 Patrol Craft at Naval Station Ingleside. These vessels will support homeland security missions, particularly protection of assets in our region such as offshore oil and gas, major ports and critical shipping lanes, strategic deployment centers and the Gulf Coast concentration of refining and petrochemical industries. Ingleside assets for this mission include: · Meets USCG siting criteria · Positioned to support strategic military deployment and international border drug interdiction · Proximity to operating areas such as waters offTexas-Mexico border · Security and force protection in place · Building space available · Pier space committed · Modem, full service military complex · Strong pro-military community with extensive off-base housing · Room for expansion - waterfront and landside ,1NYC Gulf of Mexico Briefing. South Texas Military Facilities Task Force 1201 N. Shoreline, Corpus Chdsti, TX 78401. Contact Gary Bushell (361) 537-1888 23 City of Ingleside Will Fund New Pier The City of Ingleside is prepared to assure that local and state funding is available to pay for the new pier and associated infrastructure needed to support the patrol craft homeporting. The City would pledge 3NTC Gulf of Hexico Briefing. South Texas iVlilitary Facilities Task Force 24 Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Garf Bushell (361) 537-1888 we train as we fight- has to be joint. If we train as as we fight, It has to be joint. JNTC Gulf of 14exico Briefing. South Texas Military Facilities Task Force 25 Feb. 10, 2004 1201 N. Shoreline, Corpus Christi, TX 78401. Contact Gary Bushell (361) 537-1888 GARY BUSHELL ATFORNEY & GOVERNMENT CONSULTANT 23dE SAN JACINTO BUILDING, SUITE 209 · 221 EAST 9TM STREET · AUSTIN, TEXAS 78701 Phone (512) 478-6661 · Fax (512) 478-6662 o Cell (512) 350-8652 CORPUS CHRISTI, TEXAS · Phone (361) 537-1888 .. Fax (361) 814-2080 JNTC Gulf of Mexico A Joint National Training Capability Using Existing Training Ranges Briefings Conducted by Gary Bushell in behalf of the South Texas Military Facilities Task Force - Mayor Loyd Neal, Chairman August 16, 2002 Staff of U.S. Senator Kay Bailey Hutchison Dave Davis, Chief of Staff and Dave Stockwell, Military Legislative Assistant August 20, 2002 Major General Stanley E. Green, USA Commanding General, Fort Bliss Major General James Moloney, USA (ret) Member of Texas Strategic Military Planning Commission, El Paso, Texas Texas State Sen. Eliot Shapleigh, Chairman Texas Senate Committee on Veteran Affairs and Military Installations August 29, 2002 Rear Admiral John E. Boyington, Jr. Chief of Naval Air Training NAS Corpus Christi September 3, 2002 Staff of Congressman Solomon Ortiz (Mac King, Legislative Director and Military Legislative Assistant) September 6, 2002 Rear Admiral Paul J. Ryan Commander, Mine Warfare Command NAS Corpus Christi September 12, 2002 Lieutenant General Dennis McCarthy, Commander United States Marine Forces Reserve New Orleans, Louisiana September 13, 2002 Staff of Commander United States Marine Forces Reserve September 19, 2002 Major General Kevin B. Kuklok Assistant Deputy Commandant for Plans, Policies & Operations Headquarters Marine Corps September 26, 2002 Lieutenant General Marc Cisneros, USA (ret) Corpus Christi, Texas September 30, 2002 Lieutenant Gen. H.G. "Pete" Taylor, USA (ret) former Ill Corps Commander Harker Heights/Killeen, Texas September 31,2002 Kevin Gallagher, Deputy Project Director Roving Sands, Fort McPherson, Georgia October 1,2002 Major General James Livingston, USMC (ret) Chairman, Governor's Military Advisory Committee State of Louisiana October 7, 2002 Admiral Robert J. Natter Commander in Chief, U.S. Atlantic Fleet U.S. Fleet Forces Command Norfolk, Virginia October 8, 2002 Colonel J. Michael "Mick" Bednarek, USA Chief, Joint Training Group Warfighting Center United States Joint Forces Command Suffolk, Virginia October 10, 2002 Bill Ehrie, Chairman Texas Strategic Military Planning Commission October 16, 2002 Major Dan McGuire, USMC Joint Training, G-3 TECOM Quantico, Virginia (Note: Had been sent brief by Headquarters Marine Corps) October 24, 2002 Captain Paula Hinger, USN Commanding Officer NAS Corpus Christi Briefing Chronoloqy - JNTC Gulf of Mexico PaRe 2 November 14, 2002 Jack Hunt, President King Ranch Kingsville, Texas December 9, 2002 Board of Directors Corpus Christi Bay Chapter, Navy League of the U.S. Passed resolution of support December 11, 2002 Larry DiRita, Special Assistant Secretary of Defense Donald Rumsfeld Dr. David S. C. Chu Under Secretary of Defense for Personnel & Readiness, and his deputy Dr. Paul W. Mayberry Rear Admiral Rubin B. Bookert Deputy Director Expeditionary Warfare (N-75) Philip Grone, Principal Assistant Deputy Under Secretary of Defense for Installations and Environment (Note: action officer on BRAC 2005) December 12, 2002 Rear Admiral Gary Roughead Chief of Legislative Affairs Depadment of the Navy and Commander Kevin Miller Pete Olsen, Chief of Staff U. S. Senator John Cornyn December 16, 2002 Board of Directors Corpus Christi Chamber of Commerce Passed resolution of support December 20, 2002 North Bay Military Task Force San Patricio County Passed resolution of support January 2, 2003 Ruben Bonilla, Chairman Port of Corpus Christi Authority January 9, 2003 Board of Directors Corpus Christi Regional Economic Development Corporation Passed resolution of support January 16, 2003 Texas Strategic Military Planning Commission Appointed by Governor Rick Perry of Texas Expressed strong position of support January 29, 2003 Cliff Johnson, Senior Advisor to Governor Rick Perry, and Logan Spence of Governor Perry's Policy Office February 3, 2003 Ambassador Anne Armstrong and Tobin Armstrong February 4- 10, 2003 Corpus Christi Port Authority Commissioners February 18, 2003 State Senator Juan Hinojosa Representing Nueces County Expressed position of support March 3, 2003 Jessica Ortiz Assistant to State Senator Eddie Lucio, Representing Kleberg County March 5, 2003 Tom Tagliabue, Deputy Commissioner Texas General Land Office Has confirmed that Commissioner Jerry Patterson, Texas General Land Office, is fully supportive Mamh 6, 2003 South Texas Military Facilities Task Force Passed strong resolution of support March 7, 2003 County Judge Linda Lee Henry McMullen County Judge Mamh 13, 2003 Civilian Community - Delegation from the Fort Hood area at Harker Heights, Texas Mamh 17, 2003 Military Legislative Assistants to the Texas Congressional Delegation Washington, D.C. Major Dan McGuire Directorate of Transformation Training U.S. Marine Corps, Quantico, Virginia Briefing Chronoloq¥ - JNTC Gulf of Mexico Paqe 3 March 18, 2003 Major General James Battaglini, USMC Director, Expeditionary Warfare, Office of Chief of Naval Operations Captain Dan Deputy, USCG Chief, Cutter Forces Operational Capability Director U.S. Coast Guard HQ March 19, 2003 Dr. Paul W. Mayberry Deputy Under Secretary of Defense (Readiness) Wayne Arny Acting Assistant Secretary of the Navy for Installations and Environment Mamh 29, 2003 Southwest Region, Navy League of the United States meeting in Corpus Christi, Texas April 7, 2003 Captain Randy Young, Chief of Staff to Commander, Mine Warfare Command Ray Allen, Executive Director Coastal Bend Bays and Estuaries Program, Inc. April 16, 2003 Colonel Franklin C. Bohler, USA U.S. Army Special Operations Agency Chief Special Operations Division Pentagon, Washington, D.C. May 13, 2003 Major General Gordon C. Nash, USMC Commander, Joint Warfighting Center Director, Joint Training (JT) U.S. Joint Forces Command, Suffolk, VA May13, 2003 Commander Mike Hohl, USN Live Training Support Branch (N73) U.S. Atlantic Command, Norfolk, VA May 13, 2003 Vice Admiral Albert H. Konetzni Deputy Commander and Chief of Staff U.S. Atlantic Fleet, Norfolk, VA May 14, 2003 U.S. Representative Chef Edwards Member - House Appropriations Committee May 14, 2003 U.S. Senator John Cornyn Member - Senate Armed Services Committee May14,2003 H.T. Johnson Acting Secre~ry ofthe Navy May 15, 2003 Vice Admiral Charles W. Moore Deputy Chief of Naval Operations Fleet Readiness and Logistics (N4) May 15, 2003 U.S. Representative Silvestre Reyes Member- House Armed Services Committee May 15, 2003 Pete Geren Special Assistant to the Secretary of Defense May 15, 2003 Brigadier General Norman R. Seip, USAF Deputy Director, Operations and Training Department of the Air Fome May 16, 2003 Major General Thomas S. Jones, USMC Commanding General, Training and Education Command Marine Corps Combat Development Command Quantico, VA May 16, 2003 Gordon England Deputy Secretary Department of Homeland Security Former Secretary of the Navy June 13, 2003 Capt. Howard Thorp, Jr., USN Director, Joint National Training Capability JW302 Received briefing and tour (with Gary Bushell) of Fort Bliss by Major General Stanley Green, CG of Fort Bliss, and representatives of Air Defense Command, McGregor Range, White Sands Missile Range, El Paso Chamber of Commerce and City of El Paso June 26, 2003 Corpus Christi Area Environmental Groups Sierra Club Texas General Land Office Coastal Bend Bays & Estuary Program Coastal Bend Bays Foundation Coastal Conservation Association Coastal Bend Land Trust City of Port Aransas Briefinq Chronoloq¥ - JNTC Gulf of Mexico Paqe 4 June 26, 2003 (continued) Corpus Christi Area Environmental Groups U.S. Fish and Wildlife Service Texas Parks and Wildlife Department June 30, 2003 Corpus Christi City Council July 6-7, 2003 Gen Michael W. Hagee, USMC 33rd Commondant of the Marine Corps JNTC Brief and Tour of NAS-CC, NAS-Kingsville and NS-Ingleside CC-NAS Corpus Christi, TX July 14, 2003 CDR Mike UIIrich, USN Deputy Assistant Chief of Staff Training & Exercises (JTA) U.S. Second Fleet Norfolk, VA CDR Harry Robinson, USN Air Operations U.S. Second Fleet Norfolk, VA CDR Scott Stearney, USN Commander, Carrier Group 4 U.S. Second Fleet Norfolk, VA July 14, 2003 MG Joseph P. Stein, USAF Director of Aerospace Operations Air Combat Command Norfolk, VA COL William Minich, USAF Director of Aerospace Operations Staff Air Combat Command Norfolk, VA COL Charles Hale, USAF Chief, Ranges, Airspace & Airfields Air Combat Command Norfolk, VA LCOL Kris Bucklew, USAF Acting Chief, Exercises & Joint Ops. Air Combat Command Norfolk, VA LCOL Paul Sadowski Chief, Planning & Program Team Air Combat Command Norfolk, VA July 15, 2003 MG Jack Davis, USMC Deputy Commander U.S. Marine Forces, Atlantic Fleet Norfolk, VA COL Larry Walker, USMC Assistant Chief of Staff G3/5/7 U.S. Marine Forces, Atlantic Fleet Norfolk, VA Rod Buchanan, Director Joint Training & Readiness U.S. Marine Forces, Atlantic Fleet Norfolk, VA COL Bumgardner, USMC Staff JAG U.S. Marine Forces, Atlantic Fleet Norfolk, VA July 15, 2003 Thomas Crabtree, SES Director, Fleet Training (N7) U.S. Atlantic Fleet Norfolk, VA CAPT Joe Krenzel, USN Dep. Director of Training (N7A) U.S. Atlantic Fleet Norfolk, VA CAPT Mike Reedy, USN Director of Live Training Support Branch (N73A) U.S. Atlantic Fleet Norfolk, VA Anthony Reade (Tony) (Civilian) Head, Range Team (N73A) U.S. Atlantic Fleet Norfolk, VA July 16, 2003 Dr. Michael Bailey Technical Director U.S. Marine Corps Training & Education Command Norfolk, VA Lee Viverette Aviation Range Analyst U.S. Marine Corps Training & Education Command Norfolk, VA Briefinq Chronoloqv- JNTC Gulf of Mexico PaRe 5 September 3, 2003 Joseph Whitaker Deputy Assistant Secretary Installations and Housing Department of the Army The Pentagon Washington, D.C. September 3, 2003 Dr. Paul Mayberry Deputy Under Secretary for Readiness, DOD The Pentagon Washington, D.C. September 4, 2003 CAPT Tank Thorp, USN Director, Joint National Training Capability Joint Warfighting Center Joint Forces Command Suffolk, VA October 7, 2003 RADM Barry M. Costello, USN Chief of Legislative Affairs The Pentagon Washington, D.C. MG Mitchell Stevenson, USA Deputy Chief of Staff Logistics and Operations (G3) U.S. Army Material Command The Pentagon Washington, D.C. Philip Wayne Grone Principal Assistant Deputy Under Secretary Installations and Environment Department of Defense The Pentagon Washington, D.C. Wayne Amy Principal Deputy Assistant Secretary Installations and Environment Department of the Navy The Pentagon Washington, D.C. Hansford T. Johnson Assistant Secretary Installations and Environment Department of the Navy (Former Acting Secretary) The Pentagon Washington, D.C. RADM Christopher Weaver, USN Commander, Navy Installations The Pentagon Washington, D.C. October 7, 2003 MG James Battaglini, USMC Director, Expeditionary Warfare Division (N75) Deputy Chief of Naval Operations Wadare Requirements and Programs The Pentagon Washington, D.C. CAPT James Rennie, USN Head, Mine Warfare Branch (N752) The Pentagon Washington, D.C. RADM Mark Fitzgerald, USN Director, Air Warfare Division (N78) Deputy Chief of Naval Operations Warfare Requirements and Programs The Pentagon Washington, D.C. October 8, 2003 Congressman Solomon P. Ortiz (D-TX) Member, House Armed Services Committee Ranking Minority Member, Subcommittee on Readiness Capitol Hill Washington, D.C. Rep. Ruben Hinajosa (D-TX) Capitol Hill Washington, D.C. Rep. Duncan Hunter (R-CA) Chairman House Armed Sen/ices Committee Capitol Hill Washington, D.C. Rep. Sylvestre Reyes (D-TX) Member House Armed Services Committee Capitol Hill Washington, D.C. Briefinq Chmnoloqy- JNTC Gulf of Mexico Paqe 6 October 8, 2003 Rep. Henry Bonilla (R-TX) Member House Appropriations Committee Defense Subcommittee Capitol Hill Washington, D.C. Rep. Joel Hefley (R-CO) Chairman Subcommittee on Readiness House Armed Services Committee Capitol Hill Washington, D.C. Rep. Ciro D. Rodriquez (D-TX) Member House Armed Services Committee Capitol Hill Washington, D.C. November 12, 2003 ADM William J. Fallon, USN Commander Fleet Forces Command/ U.S. Atlantic Fleet Atlantic Fleet Headquarters Norfolk, VA RADM Brian M. Calhoun Director for Operations, Plans & Policy (N3/N5) U.S. Fleet Forces Command United States Navy Norfolk, VA CAPT Mike Reedy, USN Director, Live Training Support Branch (N73A) U.S. Atlantic Fleet Atlantic Fleet Headquarters Norfolk, VA December 19, 2003 Gen. Robert J. Reese Commanding General U.S. Army White Sands Missile Range Rear Adm. Paul K. Arthur (Ret.) Deputy to the Commanding General and Technical Director' White Sands Missile Range White Sands, N.M. December 19, 2003 Briefing for representatives of natural resource agencies and South Texas environmental community January 6, 2004 Admiral Vern Clark, USN Chief of Naval Operations 2000 Navy Pentagon Washington, D.C. January 7-8, 2004 Joint Training Initiatives Conference Fort Hood, Texas Hosted by Gen. Thomas F. Metz Commanding General Briefinq Chronoloq¥- JNTC Gulf of Mexico Paqe 7 IS July2003 Dear Senator Hutchi~on, A~ you may recall, when we met prior to my confirmation hearin~ last September, you asked me to investigate the potential inclusion of Naval Station, Ingle~ide, TX M o~ Mm'ine Corps ~ralning plan. I am pleased to report that I was able to visit Naval Ai~ Station, Corlm~ Christi and Naval Slafion, I~gleside week before l~t, July 6-7, 2003, and th.t ~le visit was ~deed a productive one. The ~x~alition'of bricfer~, led by Gary Bushell ~d Mayor Loyd Neal of C~rpu~ Christi, have ob~o~ly ~ ~e~ pW~ f~ ~ini~g ~s~bi~fi~ a.~ ~ o~ou~ Dave S~ell of yo~ ~ ~so p~patcd ~ ~e ~ion of ~c m~ of a ~inmg ~ ~~ m~h o~ Sou~ Text, ~d a~p~ me on a ha~c~ ~t o~ ~ ~eside ~. ~ ~sit prodded me ~ a much ~ ~din~ ofyo~ ~ fOJ ~s ~fi~ve ~d i~ jolt ~aining oppo~fi~ ~d ~a~ves for ~e ~& ~ The region has a great deal of potential for a force that needs large expaz~es oft~ining mca in close proximity to the se~ A~ you lmow, one of the tenets of Marine Corps operational doctrine it Operational Maneuver f~om the Sea (OMYTS), A~ a result, I have ~ked my ~.ff to monitor the progress made on devcloping, a genuine eapabilily that ~ p~vidc me~ning:fUl operational training opporttmities to the M~rhae~. I h~ve ~ m4ced them to examine how the possible training opportunities presented within ~1~ ln~vleside-..Hood-Blis~ triangle might ~alfill Marine Corps l~e-deployment and operational train;ng req~rcn~cnts. I look for~rd to seeing you this weekend at thc chri~tefii~g of U.S.S. San Antony, a~d to what I'm certain vAl~ be a grand occasion for you. the great states of Texas and Loul~ana, and the United State~ Marine Corps. Sineerejy, / Co ' -- rpk2 The Honorable Kay Bailey Hutchison Chairm~ Military ConsU'uction Subcommittee Committee on Appropriations United States Senate Washington DC 20510 Briefinq Chronoloqy - JNTC Gulf of Mexico Paqe 8 OVFICE OF X~£ GOVERNOZ~ September 15, 2003 General Michael W. Hagee, USMC Commandant of thc Marine Corps Headquarters U.S. Marine Corps #2 Navy Annex Washington, D.C. 20380-1775 Dear General Hagee: I was pleased to hear of your recent trip to the Corpus Christi Naval Air Station (NAS) and the Ingleside Naval Station. My staff and I have reviewed the proposed Joint National Training Capability, on which you received a briefing during your trip. I lend the full support of my office to the concept. As you are now aware, the State of Texas provides oulstanding training opportunities for four- service combat operations. The deep-water capabilities of our coastal ports, the accessibility of existing large military operating areas, and the availability of diverse joint training assets, including 22 military installations in and around Texas, are just a few of the conditions that make joint training in Texas a promising prospect. Considering the Marine Corps' high regard for the doctrine of Operational Maneuver flora the Sea, I am very optimistic that this proposal will not only provide the Department of Defense (DOD) an excellent joint training opportunity in 2004, but could also fulfill the pre-deployment and operational training requirements of the U.S. Marine Corps. The Ingleside-Hood-Bliss triangle could provide thc U.S. Marine Corps with deep strike training areas and joint training oppommifies. Fort Bliss possesses underutilized ranges and the largest dedicated air space controlled by the DoD in the world. Fort Hood has excollent connectivity and the most experience in digitalization of equipment and training assets in DoD. In addition, it has 130,000 acres ofmanenver space, which includes 60,000 acres of live fire ranges. Ingleside Naval Station, along with Corpus Christi NAS and Kingsville NAS, provide access to these ranges and training areas from the sea. I welcome the opportunity to work with you and your staff to make joint training in Texas for the Navy and Marine Corps as realistic and productive as possible. Please feel fxee to contact me ifI can help make this proposal a reality. Thank you for your service to our great nation. Sincerely, RP:Isp Texas Congressional Delegation The Honorable Pete Geren, Office of the Secretary of Defense '0! JOINT TRAINING INITIATIVES CONFERENCE Kollm AGENDA 7-8 January, 2004 DAY MINUS 1 CONFERENCE AGENDA Tuesday, 6 Jan 04 Time (hrs) Event Briefer/Facilitator 1200 -UTC Conference Area Set-up Fort Hood Officers Club Bldg 5764 DPTS, Others as necessary 1400-1700 Registration Keith Ware Hall Bldg 36006; Plaza Hotel Lobb Mr. Randy Alston, DPTS 1800-2000 Registration Fort Hood Officers Club Bldg 5764 Mr. Randy Alston, DPTS 1800-2000 Conference No Host Ice Breaker Fort Hood Officers Club Bldg 5764 Mr. Randy Alston, DPTS 2000 Das Scheduled Activities Conclude I Fr 'li(�� i DAY 1 CONFERENCE AGENDA Wednesday, 7 Jan 04 Timehrs Event Briefer/Facilitator 0800-0830 Late Re istration FHOC Bld 5764 Mr. Rand Alston, DPTS 0830-0845 Opening Remarks/Administrative Remarks COL Paul Dvorak / Mr. Randy Alston, DPTS 0845-0855 III Corps and Fort Hood Command Video Presentation COL Paul Dvorak, DPTS 0855-0915 Welcome Remarks LTG Thomas F. Metz, CDR III Corps and Fort Hood 0915-0945 USJFCOM Brief LTC (P) Michael Armstrong, JWFC LVC JNTC 0945-1015 FORSCOM G3 Brief (projected) MAJ Dave Harvey, G3 JNTC AO 1015-1030 BREAK Conf, Area 1030-1100 ATSC Brief — Home Station of the Future JNTC Capabilities and Challenges Mr. Bill Jones, ATSC 1100-1145 III Corps and Fort Hood Overview Brief— Range Division / G3 Exercises / BCTB / AVN OPNS COL Dvorak, DPTS/ Mr. Billy Piper, Range Operations/ Mr. John Corathers, G3 Exercise/ Mr. John Diem, BCTB/ CW5 Ron Gemer, DAO 1145-1300 LUNCH FHOC 1300-1320 Reassemble for Afternoon Tours of BCTB Mr. Randy Alston, DPTS/ TMP 1300-1345 Overflight of Training Areas (selected individuals only) CW5 Gerner, DAO/ Mr. Billy Piper, DPTS 1300-1320 Movement to LVC Complex CCTT Bldg 22027/22028 TMP 1320-1410 Tour LVC Complex Mr. Dave Chambers 1410-1430 Movement to BCTC(Bldg 33009 TMP 1430-1520 Tour BCTC Ms. Georgie McAteer 1520-1540 Movement to BSC(Bldg 4501 TMP 1540-1630 Tour BSC Mr. Bill Nance 1630-1650 Movement to FHOC(Bldg 5764 TMP 1700-1800 No Host Social (FHOC-Legends) All 1800 Day 1 Schedule Concludes INotes: Uomerence ractrttator: (-UL caul Uvorax; Uonterence Kecorders: 1130 DAY 2 CONFERENCE AGENDA Thursday, 8 Jan 04 Time hrs Event Briefer/Facilitator 0800-0830 Guest Speaker: Mr. Gary Bushell, South Texas Military Facilities Task Force Gary Bushell 0840-0920 Guest Speaker: Mr. Bill Jones, Army Training Support Center Bill Jones 0930-1050 Discussion Topic A: Moving from Service -centric to Joint Training -Joint Context Training Mr. John Corathers, III Corps G3 Ex.; Opportunities COL Dvorak, DPTS; LTC (P) Armstrong, USJFCOM; LTC Tim Porter, TRADOC, JCATD Kent Klarner, FORSCOM Purpose: Identify what joint context training relationships and opportunities are available and can be nurtured to encourage greater joint/service community training avenues to enhance/support JNTC near & long-term goals. Investigate issues and challenges faced by installations, both local and regional, and the joint/service community to move from service - centric to joint context training. Output: Briefing of feedback and recommendations to CG and JTI participants on ways to implement and enhance joint training opportunities & integrate infrastructures to accommodate joint context training. 1100-1220 Discussion Topic B: LVC/Distributed Training Simulation/Stimulation Mr. John Diem, Chief, III Corps G3 BCTB; Mr. Bill Jones, ATSC Purpose: Investigate issues and challenges regarding the impact of achieving a regional, global and multinational network of LVC/Distributed mission training & Sim/Stim capabilities to enhance/supportjoint and service training across the four training domains (Home Station, Deployed, Institution and CTC). Output: Briefing of feedback and recommendations to CG and JTI participants on way ahead to integrate, enhance and support LVC/Distributed Training & Sim/Stim capabilities to accommodate joint context training. 1220-1330 Lunch (FHOC). Topic Leads Prep for Brief backs. Discussion Topic leads 1330-1500 Discussion Topic Brief backs Discussion Topic leads 1500 1 Conference Concludes COL Dvorak, DPTS Notes: Conference Facilitator: COL Paul Dvorak; Conference Recorders: TBD How We Fight: Validation of the.loint Training Concept By LTG Thomas F. Metz and LTC Christopher A. Joslin "The lesson of this war [Afghanistan] is that effectiveness in combat will depend heavily on jointness .... and achieving jointness in wartime requires building that jointness in peacetime." -- Secretary of Defense Donald Rumsfeld, Jan. 31, 2002 Afghanistan's lessons of combining special-operations forces, fixed-wing attack aircraft, near-real-time intelligence from national assets, regular Army divisions and indigenous fighters were recently applied in Iraq this past March and April. In some cases, perhaps the techniques were more traditional, but in general the emerging doctrine - coupled with evolving tactics, techniques and procedures (TTP) - led military leaders to pursue ways in which to best inculcate these new forms of joint military operations across America's armed services. Each of the services already has well established mechanisms for training its forces: the Army has its Combat Training Centers, the Navy has Top Gun, the Air Force uses Red Flag, and the Marine Corps has its Air Weapons Training Squadron I. However, all of these institutions emphasize service-specific capabilities, where achieving "jointness" is more deconflietion of joint operations rather than integration of multi-echelon, joint forces aernss distances comparable to realistic deployments. We fight jointly, as joint task forces, so we obviously need to train the same way in peacetime. Our nation needs a joint national training capability (JNTC) to ensure our forces are trained and ready to operate as a joint team in single-nation, unilateral and coalition JTF operations. It is also clear that this JNTC concept deserves a name that represents what it truly could be, a Joint Air-Ground Center of Excellence, or JAGCE. In June 2003 the Army's III Corps demonstrated a way to make the JAC~CE a reality. Creating the Foundation The current theater of operations in the U.S. Central Command's area of responsi- bility (AOR) spans distances comparable to the entire Southwestern portion of the United States and is generally within the 700 mile strike-distance of aireraft carriers. The nature of CENTCOM's on-going operations includes forces from all services with coalition joint task force (CJTF) headquarters located hundreds of miles from the actual operations and in other partner countries. The tempo and agility of these CJTF operations is unprecedented, involving national- !evel intelligence gathering assets; special-operatioas forces; thousands ofaircral~ (includ~ mg attack fixed wing, helicopters and unmanned aerial vehicles, or UAVs); long-range artillery rockets, missiles and cruise missiles; and conventional ground forces. ARMY AVIATION 51 DECEMBER 31, 2003 21st Century Joint M i ~erations The goal of the JAGCE demonstration was to repli- cate just this type of scenario with all services partici- paring, using existing training facilities, and to identify the additional requirements necessary to resource and execute a capstone exercise that would prepare a JTF for employment. To achieve this objective, III Corps was given the mis- sion to build a live, virtual and coustmctive scenario, with the Army's I st Cavalry Division selected to partici- pate in the live war-game field exercise. To replicate the CENTCOM AOR and its vast dis- tances, the Texas-based III Corps played host as a CJTF headquarters at Fort Hood, and deployed both an avia- tion brigade and a multiple-launch rocket system (MLRS) artillery battalion to the Barry M. Goldwater Air Force Range Complex located between the Yuma Proving Grounds and the Gila Bend Air Force Auxiliary Airfield in Arizona. Fort Hood fielded the Army's Battle Command Systems (ABCS) and provided the unique capabilities nor- mally resident in a state-of-the-art Battle Command Training Center (BCTC) and in a Cen- tral Technical Support Facility, and provided the necessary digital infrastructure, bandwidth capa- bilities and linkage to all required simulations. The Western Army National Guard Aviation Training Site (WAATS) in Marana, Adz., provid- ed the facilities to mate the ABCS and simulation linkages with the Ist Cay. Div.'s 4th Brigade (Aviation) tactical operations center. The WAATS also provided instrumentation for the AH-64D Longbow Apache aircraft and mounted on the threat-array targetry. MLRS-T equipped rocket launchem conducting fire missions at Fort Hood were also linked into the exercise. Just like any rotation at a combat training center such as the National Training Center or the Joint Readiness Training Center, all friendly and opposing forces were visible On the common operational picture (COP) system~ This established a Joint Conflict and Tactical Sim- ulation (lCATS)-based, CJTF-level simularion populat- ed with an entire CJTF and scripted enemy force in the BCTC, tied to brigade and battalion ABCSs. JTFIHICON I I I i These systems include the Maneuver Control System (MCS), the All Source Analysis System (ASAS), the Advanced Field Artillery Tactical Data System (AFATDS), the Air and Missile Defense Workstation (AMDWS) and Combat Service Support Control System (CSSCS), all operating in both Arizona and Texas. The integration of these systems laid the architecture for tying the virtual and constructive simulations to the crewmembers of the Longbow aircraft and MLRS launchers moving downrange and simulating engage- ments with the ins~ammented targets. With the exercise construct set and command-post operations and simulation completed in May 2003, the Bridging Event was set for execution in June. The Bridging Event was a limited test of the exercise system with the command-and-control assets at Fort Hood and two configured AH-64D Longbow attack air- craft deployed and flying in Arizona. These aircraf~ fired ARMY AVIATION 52 DECEMBER 31, 2003 on an instrumented target vehicle and all events (both firing and tracking) were captured on the command-and- control systems at Fort Hood. The JAGCE test linked echelon-above-corps assets to find the enemy. It employed Longbow aimrat~ to fix tar- gets and a combination of attack aircraft and rocket artillery fires (hundreds of miles apart) to finish the tar- get. Then virtual UAVs were used to assess the battle damage, all real-time in the constructive simulation. Results and Recommendations The JAGCE demonstrated it can meet thc require- ments for a JNTC. It verified the technical feasibility to conduct operations from a designated set of locations, or as a mobile capability deployable to various locatinns. We must make it a reality to attain a peacetime training process for preparing forces for how they fight. To get III JAGCE Bridging Event Seam less Live Virtual Constructive Integration - there, we must do the following: 1. Establish and resource a JNTC program. Thc U.S. Joint Fomns Command (USJFCOM) should be thc nexus for establishing thc JNTC capability. This would take the multi-service and joint service TTPs already developed and published by the Air Land Sea Application (ALSA) Center, combined with professional observer-controllers taken from each of thc services' existing training programs and USJFCOM, to form thc core ora JNTC training program. The opposing forces (OPFOR) could also come fi~om each of ibc services' existing progvam~ and could be resoumed as required to meet the JNTC schedule from their home stations. 2. Set the training venues. Thc Bridging Event highlighted operating differences among the services that have direct impact on each set* rice's ability to effectively execute realistic training, particularly in the environmental-as* sessment process. I'he mining areas must accommo- date off-road land maneuver operations that include tracked vehicles and rotary- wing aircraR. They must also have the logistical architecture to support signif- icant fomc d~loyments. This includes all classes of supply, bulk fuel, ammu- nition-storage and transfer operations, railhead down load and up load capabil- ities, lina-haul ramps, and ground- and air-certified ranges. The communication tmnking sys* tern for tracking instrumentation and exercise control must exist or have re- quirements identified and locations surveyed. 3. Develop realistic training scenar- ios with specific training objectives tied to J'FIP. The purpose is to train all partici- pants ofa CJTF at all levels that repli- cate anticipated mission requirements in complex live-fire situations that require the service participants to exer- cise and work through the seams that traditionally exist between the services in current training workups. These include cross-boundary fires; integrat- ed close-air-support operations; decon- fliction of indirect and direct fires; integrated airspace command and con- U-ol that exercises flexible airspace control orders able to rapidly change to meet changing tactical situations; inte- grated intelligence and air-defense systems incorporating Aegis, Patriot, space and other national assets; appli- cation of joint firepower; joint sup- pression of enemy air defenses (SEAD); joint theater missile defense; "fratricide" reduction and prevention; integration of speeial-operations forces; and integrated battle command and control systems. ARMY AVIATION 53 DECEMBER 31, 2003 Training Audience These scenarios should also include a transition from hostilities to peace/stability operations. 4. Schedule the training. Like each servicc schedules its major training events, USJFCOM would scbedulc CJTF mining events tied to deployment readiness during a worldwide training con~ ference, rcsourced by each service for all participants. Evaluate, assess, and retrain. For thc Bridging Event wc used, see thc Training Audience at let~. Conclusion As warfare in thc 21st century looks to remain as tai- lored joint fomes deployed to distant and wide-ranging areas of operations, thc opportunity is upon us to create a joint training capability that combines thc best of what the services already ex(cute into a JAGCE that replicates how we fight now and how wc will fight in the future. USJFCOM can make this a reality with fomes, facili- ties and technology that the Bridging Event helped to demonstrate. As we reorganize and regenerate forces returning from Iraq and Afghanistan, now is the perfect opportunity to cOntinue the Joint National Training Capability program. LTG Thomas )7 Metz is the commanding general of the Army's 111 Corps. LTC Christopher,4. Joslin is the exec- utive officer for the 4th Brigade (,4viation), lst Cavalry Division. Bath are stationed at Fort Hood, Texas. ARMY AVIATION 54 DECEMBER 31, 2003 23 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Overview of the Percent for Art Ordinance STAFF PRESENTER(S): Name Title/Position Department 1. Linda Hodge 2. Ronnie Sepulveda Asst. Director of Programs Park and Rec. Recreation Superintendent Park and Rec. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Deborah Fullerton Commission Chair ACC 2. Dr. Linda Avila Member of Commission ACC ACC = Arts and Cultural Commission ISSUE: Overview of the Percent for Art Ordinance BACKGROUND: At the September 9, 2003, a council member requested to see if the Percent for Art Program still served its purpose before going into the Bond 2004 Program. The Arts and Cultural Commission will give an overview of the Percent for Art Program, an update on current projects and answer council's questions. REQUIRED COUNCIL ACTION: None Additional Background Exhibits t Head Sitka ure) 4 r"', 1?* lip jv # � Y �e 1 ! P t fi Ya y/* r 3 w/ 54 a 0 ME {F E 114 r • Jf"a � mr1 r :aSs t y.. . n c t .� ... woo a pa .. .: . an..x '.. a:a .i :: .....,. Yi' .t'.e ri .."Y r: •e. FvnY' 'tl�v ME {F E 114 r • Jf"a � mr1 r :aSs t y.. . Public Art Reflects the Local Environment Pudic art at its best reflects the local environrrrent, cultural values and artistic vitality llwjof the community in which it is placed. Texas Stele Jesus Moroles, 1992 C.C. City Hall Public art enhances the quality of life for a city by encouraging a heightened sense of place and enhancing a community's prestige and visual quality. Public art provides a significant boost to the local economy, creates jobs, and celebrates communities as a cultural destination. The Rise of the Creative Class "As creativity becomes more valued, the creative class grows. The key to economic growth lies not just in the ability to attract the creative class but to translate that underlying advantage into creative economic outcomes in the form of new ideas, new high-tech businesses and regional growth. it - Richard Florida Percent for Art Ordinance* • Expands opportunities for citizens and cultural tourists to experience art in public places. • Recognizes the substantial economic benefits to be gained through the provision of cultural amenities. • Encourages the inclusion of works of art in private developments in the City. *Approved by Council, March 1987 a The City's Role • Includes Percent for Art allocation in all city construction projects over $50,000 • Manages artist contracts • Manages all related expenses Portal Del Mar Damion Priour, 1992 C.C. Airport Arts &Cultural Commission's Role Serenading the Fishes Stephen Gambill, 1996 Parkdale Public Library ACC's Role: To review all capital improvement projects for eligibility and practicality in regard to: • Projects meeting citizens' needs • Impact on tourism • Positive exposure to City • Impact on arts & culture in community • Benefits to individual projects Swimmers at the Start, Basketball at the Net Aloe Tile Works, 1998 Corpus Christi Natatorium and Gym ACC's Role: To confirm that monies have been allocated to appropriate project accounts • Project must be over $50,000 • Includes new construction or remodeling of a building, parking facility, park, arterial street, sidewalk, or any portion thereof Friendship Monument Dr. Sherman Coleman, 1992 Shoreline and Lawrence St. ACC's Role: Select Ad Hoc Peer Panel to review & select art Ad Hoc Peer Panel composed of: • Two voting,representatives from neighborhoods surrounding the artwork • Two voting visual art professionals (artist curators, collectors, designers, etc) • Member of the Arts & Cultural Commission (vote in case of a tie) • Non -Voting members include project design architect, one departmental representative (department head or designee) Use of Funds ACC strives to be realistic with regard to what projects should get art and what projects should not, and will continue to follow this reasonable approach in the future. Streets Small projects Construction out of public view To maintain public art works for future generations Permanent Art Collection There are 37 art pieces in our . � no - 22 ■ 22 'Pieces were paid for by percent for Arts funds' Aztec Wheel Craig Gibbs, 1978 Coopers Alley & Mesquite Permanent Art Collection Untitled Amanda Jaffe, 1995 Falcon Park EI Circo Del Mar Wade Buddy Tatum, 1995 Shoreline Permane if Ll '}I k t 1 •]1[: Permanent Art Collection Ring of Time Judy Kracke, 1992 Winrock Park Wind in the Sails Kent Ullberg, 1983 Shoreline Dr. Permanent Collection Orion's Shoreline Swimmer at the Start Permanent ion All that Jazz ... is a Tree of Life Sandi Stein Oveal Williams Sr. Ctr. Percent -for -Art Current Projects ■ Convention Center/Arena - 6 artists have been selected ■ Firestation #7 - Artist has been selected ■ Airport - Artist will be announced soon ■ Baseball Stadium -Ad Hoc Peer Panel recommended A selection of the Arena art work: Atzlan Michael Manjarris Six and Seven Flowers James Surls A selection of Arena art work: Southwest Pieta Luis Jimenez, 2004 Westfork John Buck, 2004 Arts and Cultural Commission Promoting Community Arts and Cultures Performing Arts Festival of the Arts Sub grants for local�x'Visual Arts �J3..tt, wnnia'"9 r performing artists ; . Frs 5 � 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: (Caption/Title of Presentation as it should appear on the agenda) Animal Care Services Update STAFF PRESENTER(S): Name 1. Dr. Micheal Silvers 2. Cherrie A. Stunz 3. Title/Position Director Div. Manager Department Health Animal/Vector OUTSIDE PRESENTER(S): Name Title/Position Organization ISSUE: Update BACKGROUND: None REQUIRED COUNCIL ACTION: None Additional Background [] Exhibits [] (Department Head Signature) Animal Care Services Dr. Michael Silvers and Cherrie A. Stunz Mission: •Protect citizens from rabies Apprehend stray, at -large, unwanted animals •Enforce city and state laws Priorities: • animal bites • vicious animals stray/roaming injured/rescue domestic/wildlife emergencies cruelty animal nuisance (i.e., cats) operation of humane facility community education adoptions 36,000 calls per year Changes to Services: Dead animal pick-up • Service provided for free; typically charged at vet office • BFI or Solid Waste will pick-up for a fee Live traps • Primarily targeting Opossums that pose no health risk • Services less than 1% of population • Replace with education for dealing with wildlife! • Begin Quarterly Seminars with Texas Parks and Wildlife ACS Status: Administration • Pet license accountability — previously performed by Accounts Receivable • Database • Fiscal responsibility • Ordinance Revisions • Public education and outreach L" MAI err ,_ *rK Ietgreed aa, ''gill III Ill File Edit View Image Calors Help n�ma ae ----Services On the web... Health Animal Care Winter/Holiday Health Hazards for Animals Lost Pet Hotline Location and Hours of Operation Pet License Meet Our Officers Field Services & Rescues Bioterrorism Environmental Services Health Education Main Health Department Satellite Clinical Services Vector Control Vital Statistics WIC (Women / Infant/ Children) Immunizations CC International Airport Convention Facilities ANIMAL CARE V When you adopt a pet from an animal shelter, you not only give a homeless animal a second chance... you get a friend for 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Council Update on specific Bond Issue 2000 Projects STAFF PRESENTER(S): Name Title/Position Department 1. 'Angel R. Escobar, P.E. Director Engineering Svcs. OUTSIDE PRESENTER(S): Name Title/Position Or.qanization 1. N/A ISSUE: This is a Council requested update on specific Bond Issue 2000 Projects including: · Seawall Traffic Control Plan · Remobilization of South Staples Street · Status of Gollihar Road and Ayers Street · Statusof Home Road BACKGROUND: Work is rapidly progressing on several remaining Bond Issue 2000 projects. The construction progress is going to require traffic rerouting and may prove to be of temporary inconvenience to the public in several locations across town. This presentation will inform the City Council and public of the current status of these major improvements projects. Details will include construction sequencing, traffic control planning, and estimated completion times. REQUIRED COUNCIL ACTION: None Required (l~'&pa~rtment Head ~ignature) 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Results of the 2003 Citizen Satisfaction Survey STAFF PRESENTER: Name 1. Cheryl A. Soward OUTSIDE PRESENTER: Name 1. Daniel J. Jorgensen, Ph.D. 2. Will Sherman Title/Position Director Department Public Information Title/Position Or~lanization AssL Professor TAMU-CC of Public Administration Research Assistant TAMU-CC ISSUE: The City's annual citizens' survey has been completed and the results are ready to be released. The purpose of the survey is to allow citizens of Corpus Christi the opportunity to confidentially report their attitudes toward city performance in key areas. BACKGROUND: This is the third consecutive year that the City has conducted the Citizen Satisfaction Survey. The survey rates citizens' attitudes and perceptions toward 34 service and quality of life issues, their impressions of City employees, and how they feel about a proposed 2004 Bond Issue. In addition to usual year-to-year comparison of results and cross-tabulation of questions, new to this year's survey are questions regarding the future of the Bayfront and how citizens get their information about what's going on in City government. The City contracted with Texas A&M University - Corpus Christi to perform the survey. The complete results are under separate cover. REQUIRED COUNCIL ACTION: None. Survey results will be used for future planning purposes. Cheryl A. ~oward Director of Public Information Additional Background x Exhibits [] Performance and Preferences: 2003 Citizen Survey Daniel J. Jorgensen, Ph.D. Social Science Research Center College of Arts and Humanities Texas A&M -Corpus Christi Purpose of Survey ■ To report attitudes towards performance in: — Public Safety — Transportation — Parks and Recreation — Housing — Social Services 2003 Citizen Survey 2 Overall Quality of Services Weighted by gender Very Poor Excellent 6% 12% Fair 28% Good 54% 2003 Citizen Survey 3 80% 70% 60% 50% 40% 30% 20% 10% 0% Overall Quality of Services Over Time 1994 1998 2001 2002 2003 2003 Citizen Survey 0 Highest Levels of Satisfaction Table 3, Page 11 ■ Fire Protection 89% ■ EMS 88% ■ Gas Service 86% ■ Water service 84% ■ Garbage collection 84% ■ Wastewater 81% ■ Library 77% ■ Police 76% ■ Water Conservation 73% 2003 Citizen Survey 5 Growth rates of Positive Satisfaction ■ 27 City services show growth ■ Attracting new employers ■ Protection of water supply from pollution 2003 Citizen Survey .14% 6.67% 0 Low Levels of Satisfaction (Table 6, page 14) ■ Attracting new employers 74% ■ Helping existing employers 69% ■ Street repair 59% ■ Maintaining property 55% ■ Controlling dumping 52% ■ Storm drainage 52% ■ Recreation programs 51% ■ Programs for youth 51% ■ New street construction 51% 2003 Citizen Survey 7 Results by Council District ■ Higher levels of dissatisfaction than expected — Districts 1, 21 3 • Emergency Medical Services — Districts 1, 21 31 & 4 Storm Drainage 2003 Citizen Survey Results by Age ■ Higher levels of satisfaction than expected — Ages 50 + • Emergency Medical Services • New Street Construction • Water Services • Art and Cultural Opportunities • Attracting New Employers • Helping Existing Employers 2003 Citizen Survey N Results by Age ■ Higher levels of dissatisfaction than expected — Middle Age (35-49) • Recreational Programs 2003 Citizen Survey 10 Results by Income ■ Higher levels of satisfaction than expected — Higher Incomes • Police Protection • Fire Protection — Lower Incomes • Quality of Tap Water • Recreational Programs 2003 Citizen Survey 11 Results by Income ■ Higher levels of dissatisfaction than expected — Higher Incomes • Helping Existing Employers • Attracting New Employers • Requiring Properties to Meet Standards — Lower Incomes • Police Protection • Fire Protection • Keeping Citizens Informed 2003 Citizen Survey 12 Results by Income ■ Members of the $40,001 to $60,000 household income bracket show higher levels of satisfaction than expected in the two categories of — Helping Existing Employers —Attracting New Employers 2003 Citizen Survey 13 Results by Ethnicity ■ Higher levels of satisfaction than expected — Hispanic/Mexican American • Garbage Collection • Water Services • Gas Services • Utilities Billing • New Street Construction • Recreation Programs • Program for the Elderly • Attracting New Employers • Helping Existing Employers Grow 2003 Citizen Survey 14 Results by Ethnicity ■ Higher levels of dissatisfaction than expected — White/Anglo • New Street Construction • Water Services • Recreation Programs • Programs for the Elderly • Programs for Youth • Attracting New Employers • Helping Existing Employers 2003 Citizen Survey 15 Impressions of City Employees ■ Citizens who have contact with City employees have strong positive impressions of city employees (35%) (Figures 6-9, pages 18-19) Good 40% Excellent 34% Positive impressions of: • Knowledge 67% • Responsiveness 67% • Courtesy 73% 2003 Citizen Survey 16 Bond 2004 ■ Slight edge favoring improvements over new facilities 2003 Citizen Survey 17 Bond 2004 - Imurovin2 Facilities vor % Oppose % Neutral % 731 9 18 70 62 1 15i 23 60, 12, 28 59 15 26 58 _a 11 �3.1 58 11 31 56 ` 11 33 ..__._. w wk.... 531 11 36 { _ 5_1 _ 14� 36a 2003 Citizen Survey W. I Bond 2004 -New Facilities Drainage Libraries Recreation Centers �Swimming Pools 7rolley System Police Substations Senior Centers Parks Fire Substations Athletic Fields Favor % Oppose % Neutral % 6981 23 55 M 27 55 .......... 16 29 531 19, 28 521 29 20 51117 32 501 14 36 481 21 31 47 19i 34 46 22 32 2003 Citizen Survey 19 Favor Bayfront Plan 2003 Citizen Survey 20 Favor a Bond Issue 2003 Citizen Survey 21 How Citizens Get Information of Cases Television 92 Newspaper 80 Friends & Family 32 Radio News 30 Tal k Radio23 CCTV ,..�,. x.m.,.15 Web Site 13 2003 Citizen Survey 22 Residents seem to be concerned about quality of life issues such as: ■ New employment opportunities ■ Economic development (bayfront improvements) ■ Recreation facilities for juveniles and senior citizens ■ Citizens tend to favor spending bond issue proceeds to increase these quality of life services in Corpus Christi 2003 Citizen Survey 23 Conclusions ■ The citizens of Corpus Christi feel that the level of performance in City services is "good" to "excellent" for the majority of services delivered. ■ They tend to be positive about performance, even on the lowest ranking services. 2003 Citizen Survey 24 Questions? Texas A&M University -Corpus Christi The Island University ■ Social Science Research Center College of Arts and Humanities 2003 Citizen Survey 25 N J CITY COUNCIL AGENDA MEMORANDUM PRESENTATION February '10, 2004 AGENDA ITEM: Review of Proposed FY 2004 Long-Range Street Projects and Bond 2004 Process STAFF PRESENTER(S): Name Title/Position Department 1. Mark L. McDaniel 2. ~,ngel R. Escobar, P.E. 3. Marlo Tapia Assistant City Manager - Support Services Director of Engineering Services Acting Director- Management & Budget ISSUE: Funding for long-range capital needs will require issuance of voter-approved bonds. In anticipation of a proposed Bond 2004 Program, Staff has compiled updated cost estimates and timelines for long-range street projects. (see attached summary) The City Council has expressed its commitment to formulate a Bond 2004 package to be presented to the citizens in a November 2004 Election. BACKGROUND: This initial presentation is intended to provide the City Council with recently updated cost estimates for long-range street projects. There is no current funding for any of non-utility long-range projects detailed in the FY 2004 Capital Budget and Capital Budget Improvement Guide. As per City Council directive, Staff will present information detailing the proposed Bond 2004 process. The information will cover bond package parameters such as dollar amount of package, affordability, project management, market saturation and the impact on utility rates for utility relocations associated with street improvements. REQUIRED COUNCIL ACTION: Staff is requesting City Council direction in formulating a Bond 2004 Program. '/~g~'l R. Escobar, P.E. Director of Engineering Services MarioTapia - t - Acting Director of Management and Budget Attachments: Long Range Street Supplementary Budget PowerPoint Slides Page 1 of 3 2/6/2004 Version #1 * Higher priced option shown LONG-RANGE STREET PROJECTS CAPITAL IMPROVEMENT PROGRAM FEBRUARY 10, 2004 T Seq # PROJECT STREETS WASTEWTR WATER STORM WTR OTHER TOTAL NEW CONSTRUCTION 01 'Aaron Drive Extension 919,628 - 157,117 269,555 1,346,300 02 Bayfront Arts & Science Park Streets 3,950,887 8,281 8,281 213,051 4,180,500 03 * Cimmaron Blvd., Phase 1 - Saratoga to Yorktown 6,389,898 343,717 1,052,426 1,747,300 2,476,259 12,009,600 04 Cliff Maus Drive, Phase 2 - Old Brownsville Road to Bear Lane 802,524 235,575 150,919 847,682 2,036,700 05 Cliff Maus Drive, Phase 3 - South Padre Island Drive to Rockford Drive 1,057,234 228,653 221,586 461,627 1,969,100 06 Everhart Road, Phase 1 - Saratoga Blvd to Cedar Pass 4,496,694 510,201 604,972 603,633 _ 6,215,500 07 Holly Road - Crosstown Expressway to Greenwood Drive 2,414,801 793,513 371,344 i 11340,642 4,920,300 08 Laguna Shores Road - Caribbean to SPID 10,895,601 1,455,824 318,704 2,082,065 2,261,488 17,013,682 09 McArdle Road Reconstruction - Nile to Ennis Joslin 3,183,959 562,984 248,027 1,456,080 - 5,451,050 10 Up River Road - Rand Morgan to McKenzie 4,464,809 228,292 1,589,708 3,232,691 9,515,500 11 Williams Drive - Staples Street to Rodd Field Road 6,915,270 1,330,532 834,629 9,990,069 19,070,500 12 Buddy Lawrence Drive - Leopard Street to IH 37 3,535,365 452,445 478,477 1,019,013 1 5,485,300 13 Ennis Joslin Extension - South of SPID to Rodd Field Road 11,929,221 6,020 1,341,709 5,272,850 1 18,549,800 14 Everhart Road, Phase 2 - Wooldridge Road to Saratoga Boulevard 3,513,765 454,068 406,836 544,011 4,918,680 15 Flour Bluff Drive - South Padre Island Drive to Glenoak Drive 8,050,252 873,721 498,659 1,613,668 11,036,300 16 Glenoak Drive - Flour Bluff Drive to Debra Street 3,870,086 974,404 600,359 2,136,151 7,581,000 17 Graham Road - Waldron Road to Laguna Shores Road 2,820,853 418,564 285,850 825,395 294,838 4,645,500 18 * Robert St. - Alameda St. to Ocean Drive 5,994,000 753,603 566,926 1,919,885 - 9,234,414 19 Sunnybrook Drive - Ayers Street to Kostoryz 3,405,670 465,338 1,369,718 35,524 5,276,250 20 Up River Road - IH 37 to Rand Morgan Road 11,842,335 1,194,885 17,915 4,965,165 - 18,020,300 21 iWaldron Rd. -Caribbean to Yorktown 4,242,043 631,192 204,909 985,956 - 6,064,100 22 'Wooldridge Road, Phase 1 - Staples Street to Airline Road 4,372,021 682,221 446,811 2,423,675 - 7,924,728 23 Yorktown Boulevard - Staples Street to Rodd Field Road 11,047,257 595,846 436,448 3,670,385 - 15,749,936 24 Airline Road - Saratoga Boulevard to Rodd Field 5,691,336 900,691 499,072 2,270,085 - 9,361,184 25 *AquariusSt.- DasMarinastoCommodores 1,140,717 256,125 281,243; 296,915 - 1,975,000 26 Carmel Parkway Extension - Staples Street to Gollihar Road 1,072,621 - - 101,779 - 1,174,400 27 * Cimmaron Blvd., Phase 2 - Yorktown to Oso Parkway 5,783,698 968,301 2,200,589 1,563,862 10,516,450 28 Corpus Christi Beach Area Streets 15,980,613 3,452,755 2,791,931 2,865,201 - 25,090,500 29 Debra Street - Jamaica Extension - Caribbean to Hustlin Homet Rd. 2,680,186 601,487 267,079 !, 612,848 4,161,600 * Higher priced option shown Page 2 of 3 2/6/2004 Version #1 * Higher priced option shown LONG-RANGE STREET PROJECTS CAPITAL IMPROVEMENT PROGRAM FEBRUARY 10, 2004 Ti Seq # PROJECT I STREETS I WASTEWTR WATER STORM WTR OTHER TOTAL NEW CONSTRUCTION Continued 30 Navigation Boulevard - Old Brownsville Road to Up River Road 13,965,091 19,035 686,406 5,838,668 20,509,200 31 Rodd Field Road - Sarato a Boulevard to Yorktown Road 10,469,144 214,367 2,365,243 13,048,754 32 Wooldridge Road Phase 2 - Airline Road to Rodd Field Road 3,238,421 713,603 364,885 1,870,391 6,187,300 33 Yorktown Boulevard, Phase 2 - Rodd Field Road to Oso Creek 9,298,168 595,827 687,185 5,210,647 15,791,627 34 Yorktown Boulevard, Phase 3 - Oso Creek to Waldron Road 10,110,850 568,814 414,251 4,202,204 15,296,119 NEW CONSTRUCTION TOTAL: 199,545,018 21,025,346 1 17,300,002 76,824,837 ' 6,631,971 321,327,174 RECONSTRUCTION SPECIFIC LOCATIONS): 10,572,482 384,920 929,707 4,694,291 16,581,400 35 Alameda Street - Doddrid a to Parade 2,275,469 173,312 298,499 i 46,820 2,794,100 36 37 Ayers Street -Norton to Home Doddridge Street - Ocean Drive to Staples Street 3,494,857 517,179 821,083 669,781 5,502,900 38 Gollihar Road - Kostoryz to Weber Road 3,696,265 577,602 768,768 5,076,465 10,119,100 39 Greenwood Drive - Home to South Padre Island Drive 4,599,125 1,466,182 676,684 1 638,009 7,380,000 40 Ocean Drive - Bayfront Convention Center to Buford 23,688,642 597,821 758,790 143,847 25,189,100 41 Ocean Drive -Buford to Ennis Joslin Road 24,368,517 2,244,487 230,958 690,910 27,534,872 42 Staples Street- IH 37 to Six Points 7,445,479 987,339 1,071,210 357,672 9,861,700 43 Staples Street, Phase 1 - Williams to Wooldridge Road 3,788,247 882,729 471,566 374958 2A 7,517,500 44 Staples Street, Phase 2 - Wooldrid a Road to Saratoga Boulevard 2,028,519 206,259 635,36458 4,003,400 45 Waldron Road - Purdue to Glenoak 1,923,816 276,399 - 85 3,305,900 46 Gollihar Road -Staples Street to Airline Road 3,120,329 1,402,477 425,94945 5,231,00047 Morgan Avenue -Port Avenue to Crosstown E resswa 2,354,505 229,710 339,69194 3,051,80048 North Port Avenue -West Broadwa to Mart n LutherKin8,016,700636639 782,43823 11,766,60049 Leo and Street, Phase 4 - Rand Mo an Road to Tuloso Road 6,329,745 470,386 1,208,73930 8,464,10050 Rand Morgan Road Reconstruction - IH 37 to McNorton, Phase 1 2,188,562 224,811 381,71809 3,656,10051 Rand Morgan Road Reconstruction - IH 37 to McNorton, Phase 2 3,036,004 - - 96 6,709,700RECONSTRUCTION SPECIFIC LOCATIONS TOTAL: 112,927,263 11,278,252 9,801,164593 158,669,272 * Higher priced option shown Page 3 of 3 2/6/2004 Version #1 " Higher priced option shown LONG-RANGE STREET PROJECTS CAPITAL IMPROVEMENT PROGRAM FEB UARY 10, 2004 Seq# PROJECT STREETS WASTEWTR WATER STORM WTRI OTHER TOTAL i RECONSTRUCTION CITY-WIDE 52 Voluntary Pavin Program Petttions i 7,000,000 490,000 420,000 1,330,000 9,240,000 53 Neighborhood Street Reconstruction 71,295,000 4,277,700 4,990,650 13,546,050 94,109,400 54 Collector Street Reconstruction 28,560,000 1,713,600 1,999,200 5,426,400 _ 37,699,200 55 Arterial Street Reconstruction 8,820,000 529,200 617,400 1,675,800 11,642,400 RECONSTRUCTION (CITY-WIDE) TOTAL: 115,675,000 7,010,500 8,027,250 21,978,250 152,691,000 OTHER STREET RELATED CONSTRUCTION 56 3�c Ci Share of Street Construction in New Subdivisions (City-wide) 2,000,000 2,000,000 57 ICi ide Neighborhood Sidewalk Improvements (City-wide) 1 1,000,000 1,000,000 58 !Congestion Management Improvements 3,500,000 3,500,000 59 Downtown Area Sidewalk and Curb Improvements 16,409,933 842,847 824,784 484,136 18,561,700 60 Future TxDOT Participation 10,000,000 - 10,000,000 61 Guardrails / Pedestrian Bridges / School Zones (City-wide) 1,500,000 _ 1,500,000 62 Street Lighting (City-wide) 3,000,000 3,000,000 63 Traffic Si nalization New & Upgrades 13,500,000 _ 13,500,000 64 Hike -n -Bike Trail Enhancements Bay Trail — Holly to Wooldridge 5,054 95,696 760,750 Bay Trail — Wooldridge to Oso Parkway 2,299,791 97,009 2,396,800 65 Purdue-'Hustlin Homet @ Waldron Road Intersection Realingment 2,172,053 121,047 2,293,100 66 'South Loo E resswa Right -of -Way Acquisition 500,000 500,000 67 ADA Curb Ramps - Arterial Streets 40,000,000 40,000,000 68 ADA Curb Ramps - Collector Streets 11,250,000 11,250,000 69 ADA Curb Ramps - Residential Streets 73,750,000 73,750,000 OTHER STREET RELATED CONSTRUCTION TOTAL:' 181,546,831 842,847 824,784 797,888 1184,012,350 TOTAL LONG RANGE STREET CAPITAL IMPROVEMENT PROGRAM: 609,694,112 40,156,945 1 35,953,200 1 124,263,568 6,631,971 1 816,699,796 " Higher priced option shown L, 9 Bond Categories /Projects • Streets — Arterial, Collector & Residential • ADA Improvements — Curb ramps and sidewalks • Public Facilities — Libraries, Museums, Coliseum, Other • Public Health and Safety — Training Facility, Fire Stations, Police Headquarters, Police substations, Municipal Court facilities & Health facilities • Park and Recreation — Golf Center, Tennis Center, Marina, Sports Facilities, Master Planning & Neighborhood Parks Proposed FY 2004 CIP Guide Project Categories & Costs • Streets - • ADA Improvements • Public Facilities - • Public Health & Safety - • Parks & Recreation - Subtotal • Storm Water - Total $4849694,000* 12590009000 7,421,000 33,190,000 99,286,000 $74995919000 21297249000* $9629315,000 *Does not include related utility relocates. Bond Sizing Considerations Large vs. Small — Large Issue Up Front, or Approval of Smaller Issues Every 4 Years Affordability — Impact on Tax Rate & Structuring Around Early Years Project Management - Ability to Manage Project Volume & Complete within 4 Year Cycle Market Saturation — Amount of Work that the Local Construction Market Can Handle Utility Rates — Cost to Customers for Street Utility Relocates & Drainage Bond Rating/Interest Rate — Impact of a Large Issue and Market Trends Large vs. Small Existing General Long -Term Debt - Annual Payments $20,0001000 $18,000,000 $16,000,000 $14,000,000 $12,0001000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 .� LO �O r� 00 G, O N M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N �Nr N N N N N N N N N * Large Issue Up Front, or Approval of Smaller Issues Every 4 years Affordability Assumes levelized payments $120 $100 O $60 $40 $20 $0 rr • FY2004 FY2008 FY2012 FY2016 Note: Assumes 3% annual net growth in assessed values. Affordability Deferred/restructured payment $80 $70 $60 $50 $40 $30 $20 $10 $0 FY2004 FY2008 FY2012 FY2016 Note: Assumes 3% annual net growth in assessed values. $140 $120 $100 "I $20 Proiect Management 1999 2000 2001 2002 2003 Market Saturation Programmed Activity —Next 3 Years • City of Corpus Christi -$321.4 million • TxDOT Letting Schedule— $176.2 million • Other - Del Mar College - Texas A&M University — CC - School Districts - Nueces County - Private Development 10% 8% 6% 4% 2% 0% Utility Rates Additional Utility Rate Adjustments for Street Utility Relocates & Drainage • Every $10 million equals a I % greater rate increase Utility Rate Increases Already Programmed 6% ° 4.75% 4.75% 4.75% FY03-04 FY04-05 FY05-06 FY06-07 FY07-08 E---------- ___________________________________________________________________a._t - -- -------- ---- -------- -------------------------- -------- ----------- ------------ ---- ---- - - -- -- # - - - --- --------- --- - -- — - -- -- -------------- .-------- ------- - -------------- -? — �x is --------- ------ --------------- I- ---------- ----------------,-------- . — irY,t -r�04 Elo:,nY,=r-cr L.F'. Bond 2004 Process Considerations — Citizen Involvement Process • Public Hearings • Town Hall Meetings in each District • Other Bond 2004 Tentative Timeline - March, 2004 - • Finalize Preliminary Project Candidates — April, 2004 — • Obtain Public Input/Refine Project Candidates — June -July, 2004 — • Council Finalizes Bond Election Projects — August -October, 2004 — • Public Information Effort - November, 2004 - • Bond Election Bond 2004 Parameters •Bond Sizing? •Priorities of various categories? • Critical/Mandatory Projects? •Continue policies forfunding utility relocations? 28 CITY COUNCIL AGENDA MEMORANDUM January 27, 2004 AGENDA ITEMS: (a) Review of Proposed FY 2004 Storm Water Supplementary Project Budgets (b) Ordinance approving the FY 2004 Capital Budget in the amount of $173,624,300 ISSUE: The City of Corpus Christi's Comprehensive Plan, as outlined in the City Charter, requires the development of a capital improvement program and annual capital budget. The City Council is required to approve the Plan and Capital Budget annually. At the recommendation of Staff, the City Council agreed to defer approval of the FY 2004 Capital Budget until a comprehensive cost analysis of recommended storm water projects was completed by outside consultants. The cost analysis has been completed and a summary is included for City Council review by separate cover (Storm Water ClP Recommended Project List). BACKGROUND: The City Council received an introduction to the Proposed FY 2004 Capital Budget and Capital Improvement Planning Guide on November 18, 2003. The Council had preliminary discussions on the FY2004 Capital Budget and agreed to resume discussions upon completion of further storm water project analysis. A public hearing to receive citizen input was also held on November 18, 2003. The Proposed FY 2004 Capital Budget includes $35 million dollars to be allocated to candidate storm water improvement projects as detailed in Exhibit B. A total of $55 million dollars over a five year period has been earmarked for storm water projects. As anticipated, the cost for candidate projects exceeds available resources. Consequently, Staff has prioritized recommendations in the Exhibit B. The priorities are based on criteria such as mandates, potential for property damage, safety. hazards, health and vector concerns and increased system capacity. (Exhibit A) REQUIRED COUNCIL ACTION: (a) Approval of storm water candidate projects (b) Approval of 1at Reading of FY2004 Capital Budget Ordinance FUTURE COUNCIL ACTION: 2ND Reading of FY 2004 Capital Budget Ordinance Bond 2004 Discussion /v,/[n~'el R. Escobar, P.E. · Director of Engineering Services Mario Tapia Acting Director of Management and Budget Attachments: Ordinance Exhibit A - Criteria Ranking for Project PrioritJzatJon Exhibit B - Storm Water Supplementary Budget Exhibit C - Project Location Map BACKGROUNDINFORMATION The Proposed FY 2004 Capital Budget totals $173,624,300 and is categorized in the following summary: Airport $36,854,100 Park and Recreation 630,600 Public Facilities 21,980,000 Public Health & Safety 27,465,700 Streets ,8,137,400 Gas 1,608,500 Storm Water 35,050,000 Wastewater 20,247,000 Water 15,280,000 Water Supply $6,371,000 TOTAL $173,624,300 Utilities' Capital Proiects The City Council approved a 6% rate effective August 1,2003, to fund $35 million dollars in storm water projects in the Proposed FY 2004 Capital Budget. This is in addition to the $5 million authorized in FY2003 a~d an additional $15 million proposed for FY 2005 thru 2007. This allocation of funds totals $55 million over a 5 year period and is reflected in the Staff recommendation for storm water candidate projects. The 6% rate increase also funds the capital projects in the other utilities as detailed in the above summary. General ObliRation Proiects Proposed FY 2004 expenditures reflect anticipated expenditures for projects approved and funded in the Bond 2000 Program and dedicated sales tax issues, Funding for proposed long-range general obligation projects such as streets, parks, libraries and other public facilities must be provided for by future bond issues. "3' Page 1 of 2 ORDINANCE APPROVING THE FY 2003-04 CAPITAL BUDGET IN THE AMOUNT OF $'173,624,300 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 2003-04 Capital Budget in the amount of $173,624,300 is approved. A copy of the 2003-04 Capital Budget is on file in the Office of the City Secretary.. H:\LEG-DIR\Lisa\ORD3\Dec 9 capital budget.doc Page 2 of 2 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melocy Cooper Henr~ Garrett That the foregoing ordinance was read for the first time and passed to its second readir g on this the day of ,2003, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the ___. day of Samuel L Neal, Jr. Brent Chesney Javie~ D. Colmenero Meloc, y Cooper Henr~ Garrett PAS~ED AND APPROVED, this the ATTEST: ,2003 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of ,2003. Arma,~do Chapa City Secretary APPF:OVED: Lisa ,~guilar Assistant City Attorney for City Attorney Samuel L Neal, Jr. Mayor ,2003 H:\LEG-DIR\Lisa\ORD3\Dec 9 capital budget.doc 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 10, 2004 AGENDAITEM: Resolution approving the execution of business incentives agreement between the Corpus Christi Business and Job Development Corporation ("Corporation") and A.C Distribution, Inc. to reimburse A.C. Distribution, Inc. for job Iraining expenses up to $3,700 per new job created, to create at least 50 new jobs primarily employed to serve a customer base outside a 50-mile radius of the City. Resolution authorizing the City Manager or designee to execute a project agreement with the Corpus Christi Business and Job Development Corporation "Corporation" ) regarding administration of business incentives agreement between the Corporation and A.C. Distribution, Inc. ISSUE: The Corpus Christi Business and Job Development Corporation ("Corporation")authorized an agreement between A.C. Distribution, Inc. for job training expenses on February 2, 2004. In order to fully execute the agreement, the City Council must pass a resolution approving the contract between the Corporation and A.C. Distribution, Inc. In addition, Council action is needed to enter into a project agreement with the Corporation to administer the project. BACKGROUNDINFORMATION: The Corpus Christi Business and Job Development Corporation (Corporation) is charged with the responsibility of approving expenditures for funds generated by the Economic Development tax, which was approved by the voters in November 2002. Funds generated from this tax are allocated for the construction of a baseball stadium, affordable housing programs and business incentives. In 2003, the Corporation approved the Guidelines and Criteria for Granting Business Incentives to business that create and retain jobs in the Corpus Christi Area. A.C. Distribution submitted a proposal to the Corporation and the Corporation approved on February 2, 2004 approximately $185,000 ($3,700 per employee) for training related expenses on a reimbursement basis to enable A. C. Distribution to create and maintain at least 50 new full-time jobs in the City of Corpus Christi, Texas. A.C. Distribution purchased a San Antonio based company that produces large industrial freezer systems, which are manufactured in Brownsville. A.C Distribution requested grant funds from the Corpus Christi Business and Job Development Corporation to move the company and its manufacturing plant to Corpus Christi. The company will be part ora new development located at Bear Lane and South Padre Island Ddve. Since this will be the only company of its type in Corpus Christi, training employees to manufacture the new freezer systems is essential to the success of the company. The freezer systems will be sold nationally and internationally. CONCLUSION AND RECOMMENDATION: Staff recommends adoption of the resolutions as presented. Assistant City Manager Attachments: Contract with A.C. Distribution Project Agreement with Corporation AGREEMENT TO GRANT BUSINESS INCENTIVES TO A. C. DISTRIBUTION, INC. FOR THE CREATION OF JOBS This Agreement to Grant Business Incentives for the Creation of Jobs ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and A. C. Distribution, Inc., a Texas corporation ("A. C. Distribution"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Chdsti ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one pement to be imposed for 15 years, WHEREAS, the 1/8 cent sales tax authorized by passage of Preposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Chdsti Business and Job Development Corporation Board; WHEREAS, the Corpus Chdsti Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on May 5, 2003, adopted the Corporation's Guidelines and Cdteda for Granting Business Incentives; WHEREAS, Section 21 of the Development Corporation Act of 1979, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's Guidelines and Cdteda for Granting Business Incentives on May 13, 2003; WHEREAS, A. C. Distribution has submitted a proposal to the Corporation to request business incentives of approximately $3,700 per new full-time permanent job created for training related expenses on a reimbursement basis to enable A. C. Distribution to create and maintain at least 50 new full-time permanent jobs in the City of Corpus Chdsti, Texas, pdmadly employed to serve a customer base outside a 50-mile radius of the City of Corpus Christi, Texas, with wages as required in Section 38 (b) of the Development Corporation Act of 1979; and WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Chdsti, Texas that business incentives be offered to A. C. Distribution for training related expenses on a reimbursement basis in order for A.C. Distribution to AC Distribution12182003 Page 1 of 9 create and maintain at least 50 new full-time permanent jobs in the City of Corpus Christi, Texas, that will be employed to primarily serve a customer base outside a 50- mile radius of the City of Corpus Christi, Texas, with wages as required in Section 38(b) of the Development Corporation Act of 1979. In consideration of the covenants, premises, and conditions stated in this Agreement, Corporation and A. C. Distribution agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is five years from the Effective Date. 3. Facility. A. C. Distribution agrees to consolidate operations in a new facility in the 5500 block of Bear Lane, Corpus Chdsti, Texas for the term of this Agreement. 4. Wage Requirement. In order to count as a job under this Agreement, the job must pay wages as required in Section 38 (b) of the Development Corporation Act of 1979_. 5. Job Creation Qualification. a. A. C. Distribution agrees to create and maintain a minimum number of 50 new full-time (2,080 hours/year) permanent jobs at the Facility within three years of the Effective Date. A full-time permanent job is one that provides at least 2,080 hours annually. The jobs shall be primarily engaged in serving a customer base outside a 50-mile radius of the city of Corpus Chdsti. b. A. C. Distribution agrees to maintain the new full-time permanent jobs created under Section 5a of this Agreement throughout the remainder of the term of this Agreement. c. By January 15 of each year of this Agreement, A. C. Distribution agrees to provide Corporation with a swom certificate by its corporate officer in charge of personnel records certifying the following: (i) the number of full-time permanent employees at the Facility as of December 31 of the previous calendar year; and (ii) the number of full-time permanent jobs which were created during the previous calendar year, with houdy wage. d. A. C. Distribution shall allow Corporation reasonable access to A. C. Distfibution's personnel records to vedfy the job creation qualification. 6. Buy Local Provision. a. A. C. Distribution agrees to use its best efforts to give preference and pdodty to local manufacturers, suppliers, contractors, and labor, except where not AC Distribution12182003 Page 2 of 9 reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to descdbe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. 7. Business Incentives Authorized. In consideration for creation and maintenance of at least 50 new full-time permanent jobs at the Facility, the Corporation agrees to reimburse A. C. Distribution $3,700 per new full-time permanent job created under this Agreement, up to a maximum of 75 new full-time permanent jobs, for certain training expenses identified on the attached Exhibit A, if the following conditions are met: a. A. C. Distribution shall submit invoices to the Corporation for reimbursement of costs expended by A. C. Distribution for training expenses identified on the attached Exhibit A. b. Each invoice must be submitted to Corporation within 30 days from date services were performed. c. Corporation shall pay the reimbursement amounts solely out of its sales tax revenue collected dudng the term of this Agreement. Should the actual sales tax revenue collected for any one year be less than the total amount of grants to be paid to all parties contracting with the Corporation for that year, then, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year and Corporation shaft notbe liable to A. C; Distribution for any shortage. 8. Warranties. A. C. Distribution warrants and represents to Corporation the following: a. A. C. Distribution is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. A. C. Distribution has the authority to enter into and perform, and will perform, the terms of this Agreement. c. A. C. Distribution has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem and employment taxes, have been timely paid, and will be timely paid, dudng the term of this Agreement. d. A. C. Distribution has received a copy of the Texas Development Corporation Act of 1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and AC Distribution12182003 Page 3 of 9 acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, A. C. Distribution agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. There are no bankruptcy proceedings currently pending concerning A. C. Distribution, nor are any such proceedings contemplated by A. C. Distribution, as of the date of execution of this Agreement by A. C. Distribution. g. The parties executing this Agreement on behalf of A. C. Distribution are duly authorized by its Board of Directors to execute this Agreement on behalf orA. C. Distribution. 9. Compliance with Laws. A. C. Distribution shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, County and City govemments, as may be amended or enacted. 10. Non-Discrimination. A. C. Distribution covenants and agrees that A. C. Distribution will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 11. Force Majeure. If the Corporation or A. C. Distribution are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, rites, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or A. C. Distribution are temporarily suspended during continuation of the fome majeure. If either party's obligation is affected by any of the causes of fome majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Assignment. A. C. Distribution may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. '/3. Indemnity. A. C. Distribution covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("lndemnitees") against all liability, damage, loss, claims, demands, and actions of any kind on account ot personal injuries (including, without limiting the foregoing, workers' AC Distdbution12182003 Page 4 of 9 compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with A. C. Distribution's activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. A. C. Distribution must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 14. Events of Default. The following events constitute a default of this Agreement: a. Failure of A. C. Distribution to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement; b. The Corporation or City determines that any representation or warranty on behalf of A. C. Distribution contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any matedal respect when made; ............ c. Any judgment is assessed against A. C. Distribution or any attachment or other levy against the property of A. C. Distribution with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. A. C. Distribution makes an assignment for the benefit of creditors. e. A. C. Distribution files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes on the Facility become delinquent, and A. C. Distribution fails to timely and propedy follow the legal procedures for protest or contest. g. A. C. Distribution changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 15. Notice of Default. Should the Corporation or City determine that A. C. Distribution is in default according to the terms of this Agreement, the Corporation or City shall notify A. C. Distribution 'in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for A. C. Distribution to cure the event of defaultl AC Distribulion12182003 Page 5 of 9 16 Results of Uncured Default. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating cimumstances that might have occurred through no fault of A. C. Distribution, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period: a. A. C. Distribution shall immediately repay all amounts of reimbursements paid by Corporation under this Agreement, with interest at the interest rate paid by the City on its most recently issued general obligation bonds from date of expiration of Cure Period until fully paid. b. A. C. Distribution shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to A. C. Distribution under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 17. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition ofthe Agreement: - - b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence ofA. C. Distdbution's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time A. C. Distribution is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the pad of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 18. Notices. a. Any required wdtten notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: AC Distribution12182003 Page 6 of 9 A. C. Distribution: A. C. Distribution cio Mr. K's Heating and Air Conditioning Attn: Kathy Baily 708 Cantwell Lane Corpus Christi, Texas 78408 Corporation: City of Corpus Christi Business and Job Development Corporation Attn: Executive Director 1201 Leopard Street Corpus Chdsti, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 19. Incorporation of other documents. a. The Corpus Chdsti Business & Job Development Corporation Guidelines & Criteda for Granting Business Incentives ("Corporation Guidelines"), adopted May 5, 2003, are incorporated into this Agreement. b. A. C. Distribution's application submitted to the Corporation for business incentives ("Application") is incorporated into this Agreement. c. If there is any conflict in the terms of these documents, the following order controls: (i) This Agreement, (ii) Corporation Guidelines, (iii) Application. 20. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 21. Relationship of Parties. In performing this Agreement, both the Corporation and A. C. Distribution will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or a,s,~9ciates 0X gna another. The amp oyees or agents of either party may not be nor be. ~ns.t,~e~,,to~,b,~.; .t'h~ employees or agents of the other party for any purpose. AC Distribution12182003 Page 7 of 9 22. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 23. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or cimumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision ;3hrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective dudng the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 24. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 25. Sole Agreement. This Agreement constitutes the sole agreement between the Corporation and A. C. Distribution. Any pdor agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. Corpus Christi Business & Job Development Corporation Name: Title: Date: Attest By: Name: Title: AC Distdbu§on12182003 Page 8 of 9 A. C. Distribution, inc. Attest://~~ ~ Federal Tax ID No.: Corporate Seal: The State of Texas County of Nueces Before me, r~ml L~ (Notary's name), on this day personally appeared ~ ~. (Vl~Pr'~L_ President of A. C. Distribution Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in the capacity sated as the act of A. C. Distribution, Inc., a Texas corporation, for the purposes and consideration expressed in the instrument. Given under my hand and seal of office this the ~' day ofL~ , 2004. Notary Pubhc ,n ah'd for the Stat~ of Texas AC DistdbulJon12182003 Exhibit "A" Authorized Training Expense List Education Instructor fees (in house employee or out sourced) Tuition Training Videos Training Video Rental Literature, books, and training materials Skills Testing Testing, Registration Fees Literature, books, materials On the Job Training New employees gross wage while under the supervision of a trainer or supervisor. Trainee(s) Lab time and Safety Meetings (if paid out to trainee(s)) Training Lab Instruments and Equipment Volt Meters Amp Meters Temperature Probes Air Flow Hoods Blowers Doors Data Logging Recorders Velometers Magnahelic Gages Duct Testing Equipment Air Sampling Instruments Moiatur~ Meters Test Panels and Equipment Refrigerant Recovery Machines Ox/Act Torches Vacuum Pumps Dial Indicators Video Projector Control Sof~tware Laptop Computers Desk Top Computers Travel Related to Training Airline Tickets Hotel Car Rental Phone Fuel Daily Perdium Other Any other training related item or expense mutually agreeable to the Corporation's Executive Director and A.C. Distfibution's authorized representative in writing. BUSINESS INCENTIVES PROJECT AGREEMENT This Business Incentives Project Agreement (" Project Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Preposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years, WHEREAS, the 1/8 cent sales tax authorized by passage of Preposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on May 5, 2003, adopted the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's Guidelines and Criteria for Granting Business Incentives on May 13, 2003; WHEREAS, A. C. Distribution, Inc. ("A. C. Distribution") has submitted a proposal to the Corporation to request business incentives of approximately $3,700 per new full-time permanent job created for training related expenses on a reimbursement basis to enable A. C. Distribution to create and maintain at least 50 new full-time permanent jobs in the City of Corpus Christi, Texas, primarily employed to serve a customer base outside a 50-mile radius of the City of Corpus Christi, Texas, with wages as required in Section 38(b) of the Development Corporation ACt of 1979; and WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business incentives be offered to A. C. Distribution for training related expenses on a reimbursement basis in order for A. C. Distribution to create and maintain at least 50 new full-time permanent jobs in the City of Corpus Christi, that will primarily serve a customer base outside a 50-mile radius of the City of A C Distribution Project Agreement.doc Page 1 of 3 Corpus Christi, with wages as required in Section 38(b) of the Development Corporation Act of 1979; and WHEREAS, the Corporation and A. C. Distribution have executed the Agreement to Grant Business Incentives to A. C. Distribution & Uniform Service, Inc. for the Creation of Jobs (Business Incentives Agreement). In consideration of the covenants, promises, and conditions stated in this Project Agreement, the Corporation and the City agree as follows: 1. Project Agreement to Implement Business Incentives Agreement. This Project Agreement between the City and the Corporation is executed to implement the Agreement to Grant Business Incentives to A. C. Distribution, Inc. for the Creation of Jobs between the Corporation and A. C. Distribution. 2. Term. The term of this Project Agreement runs concurrently with the term of the Business Incentives Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Agreement or the application of this Project Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project A C Distribution Project Agreement.doc Page 2 of 3 Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Agreement be given full fome and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Agreement, then the remainder of this Project Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Agreement automatically. 8. Captions. The captions in this Project Agreement are for convenience only and are not a part of this Project Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Agreement. The City of Corpus Christi George K. Noe City Manager Date: Corpus Christi Business & Job De~ opment Corporation Date: I Attest Armando Chapa City Secretary Approved as to Legal Form this 2nd day of February, 2004 Lisa Aguilar Assistant City Attorney for City Attorney A C Distribution Project Agreement.doc Page 3 of 3 BUSINESS INCENTIVES PROJECT AGREEMENT This Business Incentives Project Agreement (" Project Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years, WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on May 5, 2003, adopted the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's Guidelines and Criteria for Granting Business Incentives on May 13, 2003; WHEREAS, A. C. Distribution, Inc. ("A. C. Distribution") has submitted a proposal to the Corporation to request business incentives of approximately $3,700 per new full-time permanent job created for training related expenses on a reimbursement basis to enable A. C. Distribution to create and maintain at least 50 new full-time permanent jobs in the City of Corpus Christi, Texas, primarily employed to serve a customer base outside a 50-mile radius of the City of Corpus Christi, Texas, with wages as required in Section 38(b) of the Development Corporation Act of 1979; and WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Chdsti, Texas that business incentives be offered to A. C. Distribution for training related expenses on a reimbursement basis in order for A. C. Distribution to create and maintain at least 50 new full-time permanent jobs in the City of Corpus Christi, that will primarily serve a customer base outside a 50-mile radius of the City of A C Distribution Project Agreement.doc Page 1 of 3 Corpus Christi, with wages as required in Section 38(b) of the Development Corporation Act of 1979; and WHEREAS, the Corporation and A. C. Distribution have executed the Agreement to Grant Business Incentives to A. C. Distribution & Uniform Service, Inc. for the Creation of Jobs (Business Incentives Agreement). In consideration of the covenants, promises, and conditions stated in this Project Agreement, the Corporation and the City agree as follows: 1. Project Agreement to Implement Business Incentives Agreement. This Project Agreement between the City and the Corporation is executed to implement the Agreement to Grant Business Incentives to A. C. Distribution, Inc. for the Creation of Jobs between the Corporation and A. C. Distribution. 2. Term. The term of this Project Agreement runs concurrently with the term of the Business Incentives Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Agreement or the application of this Project Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project A C Distribution Project Agreement.doc Page 2 of 3 Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Agreement, then the remainder of this Project Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Agreement automatically. 8. Captions. The captions in this Project Agreement are for convenience only and are not a part of this Project Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Agreement. The City of Corpus Christi George K. Noe City Manager Date: Corpus Christi Business & Job DeveLopment ~Corporation Date: l /+ Attest Armando Chapa City Secretary Approved as to Legal Form this 2nd day of February, 2004 Lisa Aguilar Assistant City Attorney for City Attorney A C Distribution Project Agreement.doc Page 3 of 3 RESOLUTION APPROVING THE EXECUTION OF BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION ("CORPORATION") AND A. C. DISTRIBUTION, INC. TO REIMBURSE A. C. DISTRIBUTION, INC. FOR JOB TRAINING EXPENSES UP TO $3,700 PER NEW JOB CREATED, TO CREATE AT LEAST 50 NEW JOBS PRIMARILY EMPLOYED TO SERVE A CUSTOMER BASE OUTSIDE A $0~411LE RADIUS OF THE CITY, WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes ("Development Corporation Act of 1979") empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Chdsti passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, Section 21 of the Development Corporation Act of 1979 requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Corporation received proposal from A. C. Distribution, Inc. to request business incentives of approximately $3,700 per new full-time permanent job created for training related expenses on a reimbursement basis to enable A. C. Distribution to create and maintain at least 50 new full-time permanent jobs in the City of Corpus Christi, Texas, primarily employed to serve a customer base outside a 50-mile radius of the City of Corpus Christi, Texas, with wages as required in Section 38 (b) of the Development Corporation Act of 1979; WHEREAS, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business incentives be offered to A. C. Distribution for training related expenses on a reimbursement basis in order for A.C. Distribution to create and maintain at least 50 new full-time permanent jobs in the City of Corpus Christi, Texas, that will be employed to primarily serve a customer base outside a 50-mile radius of the City of Corpus Christi, Texas, with wages as required in Section 38(b) of the Development Corporation Act of 1979, ("Job Training Project"); Page 2 of 2 WHEREAS, the Board authorized execution of an agreement with A. C. Distribution for the requested job training funds at the Board's meeting of February 2, 2004; and WHEREAS, the City Council has determined that it is in the best interests of the Corporation and the citizens of Corpus Chdsti, Texas that the proposed Job Training Project and its associated expenditure be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council approves the execution of a Business Incentives Agreement between the Corporation and A. C. Distribution, Inc. to grant A. C. Distribution, Inc., on a reimbursement basis, up to $3,700 per new job created. A copy of the agreement is attached as Exhibit A. A'I-rEST CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L Neal, Jr. Mayor Approved as to form: February 3, 2004 Lisa Aguil~ Assistant City Attorney for City Attorney HN-EG-DIR\Lisa~RES~Feb 10 A. C. Distribution Res.doc RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A PROJECT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION ("CORPORATION") REGARDING ADMINSTRATION OF BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPORATION AND A. C. DISTRIBUTION, INC. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes ("Development Corporation Act of 1979") empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one pement to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Corporation received proposal from A. C. Distribution; Inc. to request business incentives of approximately $3,700 per new full-time permanent job created for training related expenses on a reimbursement basis to enable A. C. Distribution to create and maintain at least 50 new full-time permanent jobs in the City of Corpus Christi, Texas, primarily employed to serve a customer base outside a 50-mile radius of the City of Corpus Christi, Texas, with wages as required in Section 38 (b) of the Development Corporation Act of 1979; WHEREAS, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business incentives be offered to A. C. Distribution for training related expenses on a reimbursement basis in order for A.C. Distribution to create and maintain at least 50 new full-time permanent jobs in the City of Corpus Christi, Texas, that will be employed to primarily serve a customer base outside a 50-mile radius of the City of Corpus Christi, Texas, with wages as required in Section 38(b) of the Development Corporation Act of 1979, WHEREAS, the Board authorized execution of an agreement with A. C. Distribution for the requested job training funds at the Board's meeting of February 2, 2004; and WHEREAS, the Board desires to contract with the City to allow the City to administer funding on behalf of the Corporation and perform contract administration responsibilities. Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council authorizes the City Manager, or the City Manager's designee, to execute a Project Agreement with the Corporation to allow the City Manager or the City Manager's designee to administer funding on behalf of the Corporation and perform contract administration responsibilities associated with the Business Incentives Agreement between the Corporation and A. C. Distribution, Inc. A copy of the Project Agreement is attached as Exhibit A. ATTEST CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved as to form: February 2, 2004 Lisa Aguilar O Assistant City Attorney for City Attorney H:~EG-DIR~isa'~RES\Feb 10 A, C. Distribution Proj Agmt Res.doc A.C. Distribution, Inc. A.C. Distribution, Inc. ■ About the Company ❑ Established in 2000 and operates five well-established local mechanical contracting and servicing businesses. ❑ Current conduct of businesses is within a 150 -mile radius. ❑ Employs 58 people. A.C. Distribution, Inc. ■ Expansion ❑ Purchased San Antonio businesses that manufactures and sells Modular Freezing Systems. ❑ Plans to relocate the business and its manufacturing plant to Corpus Christi. ❑ Create additional 50-75 job with an anticipated average hourly wage of $17.50. ❑ Investment of $4,950,000 in the new facility. Business Incentive Agreement ■ Job Creation and Wages ❑ Must create at least 50 jobs ❑ Must pay wages equal to or greater than the prevailing wage for like positions per state law. ■ Terms ❑ Meet requirements of job creation within 3 yrs. ❑ Full term of agreement is 5 yrs. ■ Incentive . ❑ Reimburse for training costs of up to $3,700 per new full-time employee ($185,000). ❑ Maximum Incentive: up to 75 new full-time employees ($277,500) 30 CiTY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 10, 2004 AGENDA ITEM: (Caption as it should appear on the agenda) A. Motion amending an ordinance amending the Code of Ordinances Chapter 24, Human Relations, by adding Article V, Discrimination Against Individuals With Disabilities, establishing procedure and implementation; providing publication; providing for severance; and providing for penalties, by substituting in its entirety; An ordinance amending Sections 24-2, 24-4, 24-20, 24-21, 24-22, and 24-25 of the Code of Ordinances, City of Corpus Christi, by adding a member to the Human Relations Commission, adding persons with disabilities to the classes of persons protected by Chapter 24, Code of Ordinances, and clarifying the penalty provisions; and by adding Article V, Discrimination Against individuals With Disabilities, Chapter 24, Human Relations establishing procedure and implementation; providing publication; providing for severance; and providing for penalties. B. Second Reading - An ordinance amending Sections 24-2, 24-4, 24-20, 24-21, 24-22, and 24-25 of the Code of Ordinances, City of Corpus Christi, by adding a member to the Human Relations Commission, adding persons with disabilities to the classes of persons protected by Chapter 24, Code of Ordinances, and clarifying the penalty provisions; and by adding Article V, Discrimination Against Individuals With Disabilities, Chapter 24, Human Relations establishing procedure and implementation; providing publication; providing for severance; and providing for penalties. ISSUE: This is the Second Reading of a proposed ordinance amendment on disability non- discrimination that the City's advisory board of the Committee for Persons with Disabilities (CFPWD) had requested the City Council to consider to ensure persons with disabilities have accessibility to public facilities, services, activities and programs by the City and/or those parties that meet the definition of "financial assistance" under this proposed ordinance. Also, the proposed ordinance would apply to privately-owned businesses/organizations that serve the public. Although training and public awareness of the Americans with Disabilities Act (ADA) and accessibility issues could potentially increase with a local non-discrimination ordinance, the significance of this ordinance is to provide local enforcement and investigation of inaccessibility issues through the City and/or those contracted for on behalf of the City. The City's primary responsibilities would be administration, reseamh, investigation, enforcement and monitoring of non-compliance under the ADA and this proposed ordinance amendment. REQUIRED COUNCIL ACTION: The City Council's approval is required for the City to accept the disability non- discrimination ordinance amendment as proposed by the CFPWD. PREVIOUS COUNCIL ACTION: On July 22, 2003, the First Reading of this proposed ordinance amendment of disability non-discrimination was passed, with the Second Reading deferred until the first City Council Meeting in December 2003. The City Council gave City Staff and the Committee for Persons with Disability (CFPWD) directives for additional information to address during the interim period. On December 8, 2003, the Second Reading was postponed per the Mayor and City Manager for an additional sixty (60) days to allow for City Staff, the CFPWD and potentially impacted groups to work on provisions toward agreement of the proposed ordinance. The Second Reading was then scheduled for February 10, 2004. FUNDING: The estimated cost to begin implementation of the proposed disability non-discrimination ordinance amendment is $63,244 for initial staffing. Funding of these estimated initial implementation costs is not currently appropriated in the City's annual operating budget. CONCLUSION AND RECOMMENDATION: Addressing accessibility complaints/reasonable accommodations and providing technical assistance on ADA related matters have been an ongoing function of the City. More recently the City Council adopted the City's ADA Title II Comprehensive Evaluation and Transition Plan in February of 2003. Also, in its greater commitment toward accessibility, the City Council recommended that the City maintain ADA compliance as a high priority. The CFPWD and City Staff have participated in community meetings and several special meetings to discuss various ordinance-related issues toward improving the proposed ordinance amendment. Through much input, time and resources, both the CFPWD and City Staff have improved the document after several drafts and many ordinance-related issues, including the current legal interpretation of this proposed ordinance's accessibility requirements. At this time, City Staff returns to the City Council with a more understandable document, in terms of resolving areas of possible interpretation conflicts and establishing jurisdictional parameters. Therefore, City Staff recommends that the improved proposed document be considered for the ordinance's Second Reading. L. David Ramos Director of Human Relations Attachments: 1. Proposed Ordinance Amendment of Disability Non-Discrimination, as revised. 2. List of Local Associations/Organizations for Public Input. 3. Summary of Public Comments related to the proposed ordinance amendment. 4. Survey of Other Cities. BACKGROUNDINFORMATION At its July 2003 Monthly Meeting, the Committee for Persons with Disabilities (CFPWD) recommended by motion to submit its non-discrimination ordinance to the City Council for consideration. Since July 2003, the following efforts were made: I. Gathering Public Input A. The CFPWD set four (4) additional public meetings to give the public an opportunity for public input. City Staff posted public notices in the Caller- Times newspaper and on the City's website. The proposed ordinance was made available for viewing at City Hall, the City public libraries and on the City's website. City Staff contacted twenty-nine (29) associations and organizations for public input and to schedule discussion meetings with each group regarding the proposed ordinance. Copies of the proposed ordinance were made available to these associations and organizations. Nineteen (19) groups held meetings with the City, in which some CFPWD Members also attended. In all, 20 of these association/organizations provided public comments. Additionally, these associations and organizations were invited to the CFPWD's monthly meeting in January 2004 to learn of and receive copies of the more recent revisions to the draft ordinance, as of January 7, 2004. I1. Collecting Related Information from Other Cities City Staff contacted the top U.S. cities to survey for similar types of disability non- discrimination ordinances. Of the 25 cities, 12 cities indicated that they have disability non-discrimination ordinance language or contract language, whether in one separate or multiple documents. Another six cities indicated that they do not have this type of ordinance. The remaining seven cities did not provide a response, II1. Ordinance Review Meetings After the last public meeting on November 4, 2003, the CFPWD met with City Staff and sought suggestions for improving the ordinance document. The CFPWD held six Special Meetings, with City Staff, to discuss possible changes to improve the proposed ordinance and review the draft language. A. Special Meeting of 11/10/03 - Review draft summary of public comments and identify major concems and begin preparing for the proposed ordinance's Second Reading. B. Special Meeting of 11/17/03 - Members present considered some non- substantive revisions. City Staff assisted by updating the CFPWD's draft ordinance. The CFPWD also asked that City Staff bring any further recommendations to the 12/2/03 meeting. C. Special Meeting of 12/02/03 - CFPWD considered City Staff's recommendations. Regular Monthly Meeting of 12/03/03 - The Committee held further discussion on the proposed ordinance and set another Special Meeting for 12/8/03 with City Staff for further discussion and consideration of incorporating other possible changes. Special Meetings of 01/06/04 and 01/26/04, following postponement of the ordinance's Second Reading by the Mayor and City Manager- Progress was made by the Committee and City Staff in improving the proposed ordinance language. Regular Monthly Meeting of 01/07/04 - Local associations and organizations were invited and gave public comments/input on the more recent revisions in the draft of 1/7/04. ATTACHMENT I Proposed Ordinance Amendment of Disability Non-Discrimination AN ORDINANCE AMENDING SECTIONS 24-2, 24-4, 24-20, 24-21, 24-22, AND 24-25 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY ADDING A MEMBER TO THE HUMAN RELATIONS COMMISSION, ADDING PERSONS WITH DISABILITIES TO THE CLASSES OF PERSONS PROTECTED BY CHAPTER 24, CODE OF ORDINANCES, AND CLARIFYING THE PENALTY PROVISIONS; AND BY ADDING ARTICLE V, DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES, CHAPTER 24, HUMAN RELATIONS, ESTABLISHING PROCEDURE AND IMPLEMENTATION; PROVIDING PUBLICATION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The list of articles at the beginning of Chapter 24 of the Code of Ordinances, City of Corpus Christi, is amended by adding Article V, to read as follows: "Chapter 24 HUMAN RELATIONS "Art. I. In General, §9 24-1 -- 24-19 "Art. II. Discrimination in Place of Public Accommodation, 99 24-20 -- 24-29 "Art. III. Discrimination in Housing, §§ 24-90 -- 24-79 "Art. IV. Discrimination in Employment, §9 24-80 -- 24-83 "Art. V. Discrimination Aqainst an Individual with a Disability, 99 24-90 -- 24-103" SECTION 2. Section 24-2, Code of Ordinances is revised to read as follows: "Sec. 24-2. Human relations commission; established; composition; appointment, term and compensation of members; filling vacancies. "(a) There is hereby established the "Corpus Christi Human Relations Commission." Said commission shall consist of sixteen votinq members. Fourteen fcurtcc,q (14) members will be appointed by the mayor with the approval of the city council. "(1 ) One (1) member shall be in the business of selling dwellings. "(2) One (1) member shall be in the business of renting dwellings. "(3) Three (3) members will each serve a term of one (1) year, unstaggered, and shall not be more than twenty (20) years of age at time of appointment. "(4) The members shall be broadly representative of the total community, drawn from various racial, religious, ethnic, or other groups. R31502A1_l.doc 2 "(5) The c"'~'~';°°;"" °~'"" "'"" ~' ..... ~'lfteenth member~ will be the director of the Coastal Bend Legal Services or a designated member of his/he~-the director's staff. "(6) The sixteenth member will be the chairperson of the Committee for Persons with Disabilities. "(b) The members of the commission shall serve without compensation. Members of such commission, exclusive of thccc the members appointed under subsection (a)(3) of this ct ........ ~- the chairpe son of the Committee for Persons with Disabilities, and the member of the staff of the Coastal Bend Legal Services, shall serve staggered terms of (3) three years. Initial appointment of three (3) of the members shall be for one (1) year, three (3) of the members for two (2) years, and three (3) of the members for three (3) years. Terms shall extend throu.qh June 14 each year. The initial terms of the members in the business of sellinq and rentinq dwellinqs shall end in 2000 and 2001, respectively. "(c) The ' , representative from the Coastal Bend Legal Services and the chairperson of the Committee for People with Disabilities; shall serve continuously and shall not be subject to the appointment required under this section. Tcrmc cbc!! ,.~,11; .... ,4 ,.,.,,,~.;,,,., ,4,,,~llh.,,,~. Ch l! ~'"',4 ;"' onnn ,,,,,.i 290! ...... +;'"'~"" SECTION 3. Section 24-4(b), Code of Ordinance is amended by adding new paragraphs (8) and (9), to read as follows: "Sec. 24-4. Commission duties. "(b) The commission is further authorized to: "(8) Actinq throuqh the administrator, investi.qate all complaints received re.qardin.q the failure of the City to provide accessible buildin.qs and proqrams or to prevent discrimination a.qainst people with disabilities throu.qh its administration of its ordinances and the manaqement of its proqrams and properties, as required by applicable Federal and State laws and implementin.q re.qulations. In carryinq out this activity, the Commission shall: "a. Determine whether in its opinion the City has violated any applicable Federal or State laws and implementinq requ at ons "b. Recommend any remedies or reasonable accommodations that are needed to remedy the situation. "c. Report its find n.qs to the city mana.qer and city secretary. R31502Al_1.doc 3 "d. Keep an active file on any complaint in which it finds that the char.qe has some basis and shall, thmuRh its administrator, work with the appropriate City official to end any discriminatory practices to the satisfaction of the commission, to the end that the commission can satisfy itself that the basis for the char.qe has been eliminated. "e. File with each party receivinq a copy of its initial report any supplemental reports of its findinqs as may be indicated until the file is closed. "(9) Acting throuqh the administrator, investigate all complaints received regarding discrimination against qualified persons with disabilities by the owner of any place of public accommodation, includinq the employees and aqents of the owner, has unreasonably withheld any of the advantages, facilities, programs, or services offered to the general public by a place of public accommodation or failed to make a reasonable accommodation to the person with a disability. "a. Determine whether in its opinion there has been a violation of the applicable Federal or State laws and implementinq re.qulations by the place of public accommodation. "b. Report its findinqs to the city manaqer and city secretary. "c. Keep an active file on any complaint in which it finds that the charqe has some basis and shall, throuRh its administrator, work with the appropriate City official to end any discriminatory practices to the satisfaction of the commission, to the end that the commission can satisfy itself that the basis for the char.qe has been eliminated. "d. File with each party receivinq a copy of its initial report any supplemental reports of its findin,qs as may be indicated until the file is closed." SECTION 4. Section 24-20, Code of Ordinances, is amended by deleting the definition for "disabled person," adding a new definition for "disability," and revising the definition of "place of public accommodation," to read as follows: "ARTICLE II. DISCRIMINATION IN PLACE OF PUBLIC ACCOMMODATION "Sec. 24-20. Definitions. "For purposes of this Article II, Discrimination in Places of Public Accommodation, the following words shall have the following meanings: R31502A1_1.doc 4 "Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the maior life activities of the individual; a record of impairment; or bein.q reqarded as havin.q such an impairment "a. Physical or menta/impairment means any physioloqical disorder or condition, cosmetic disfiqurement, or anatomical loss affecting one or more of the followin.q body systems: neurolo.qical; musculoskeletal; special sense orqans; respiratory, includinq speech organs; cardiovascular; reproductive, diqestive; qenitourinary; heroic and lymphatic; skin; and endocrine; or any mental or psycholoqical disorder, such as mental retardation, or.qanic brain syndrome, emotional or mental illness, and specific learninq disabilities. "b. Maior/ife activities means functions such as carin.q for one's self, performinq manual tasks, walking, seeing, hearin.q, speakinq, breathin.q, learninq, and workinq "c. Has a record of such impairment means a history of, or has been misclassified as havinq a mental or physical impairment that substantially limits one or more major life activities. "d. Is reqarded as havinq an impairment means has a physical or mental impairment that does not substantially limit maior life activities but that is treated by a recipient as constituting such limitation; has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or has none of the impairments defined above but is treated as havinq an impairment. "Place of public accommodation means every business within the city, whether wholesale or retail, which is open to the general public and offers, for compensation, any product, service or facility. The term "place of public accommodation" shall include, but not be limited to, all other places of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited. As used in this chapter, the term place of public, accommodation does not apply to any facility or pro.qram owned or operated by the Federal or State qovernments or political subdivisions of the State." R31502A1_1 .doc 5 SECTION 5. Section 24-21, Code of Ordinances is revised to read as follows: "Sec. 24-21. Policy. "It is the policy of the city to encourage and enable mcntclly cr phyc!cclly ditch!cd pecser~-individuals with a disability and all other persons regardless of race, color, national origin, sex, age, or religion to participate fully in the social and economic life of the city, to achieve maximum personal independence, to become gainfully employed, and to otherwise fully enjoy and use all public facilities, pre.qrams, and services available within the city." SECTION 6. Section 24-22, Code of Ordinances is revised to read as follows: "Sec. 24-22. Discrimination prohibited. "(a) Subject only to limitations and conditions established by law and applicable to all persons, '- ......... h ....... ,.., ..... ~'"~"""" d!ccblcd persons with disabilities have the same right as those who are not disabled to the full use and enjoyment of any public facility, program, service, and place of public accommodation in the city as-set-leAh ,. ......... o under Chapter 121, "Participation in Social and Economic Activities" of Title 8 of the Human Resources Code, as amended, of the State of Texas. "(b) To the extent required by Federal or State law, it It-shall be unlawful for any person or any employee or agent thereof, within the city, to withhold from or deny any person, because of race, color, sex, religion, age, disability, or national origin, any public facility or any of the advantages, facilities, pro(~rams, or services offered to the general public by a place of public accommodation." SECTION 7. Section 24-25, Code of Ordinances is revised to read as follows: "Sec. 24-25. Penalty for violation of Article II. ..... ,- ............................ ~..j .... z Any person violating any provision of this article shall be punished by fine of "" .......... n up to the maximum provided in section 1-6 of the Code of Ordinances of the City of Corpus Christi ("City Code"). Violations of section 24-22(a) of this article ...... may also be forwarded to the appropriate governmental body to enforce and punish such conduct to the extent and manner prescribed by ~applicable law." SECTION 8. Chapter 24, Code of Ordinances, is amended by adding a new Article V. to read as follows: "ARTICLE V:DISCRIMINATION AGAINST AN INDIVIDUAL WITH A DISABILITY "Sec. 24-90. Policy. "(a) It is the policy of the City that no individual with a disability shall, on the basis of a disability, be excluded from participation in, be denied the benefits of, or otherwise be R31502At_1.doc 6 subjected to discrimination under any program or activity operated or contracted for by the City, provided that such participation does not fundamentally alter the program or activity.. The City will make every effort to make a reasonable accommodation to individuals with a disability, consistent with the requirements of the applicable Federal and State laws, and implementing regulations, includinq the Americans with Disabilities Act. "(b) It is the policy of the City that all persons and entities receivin.q financial assistance from the City comply with all applicable civil ri.qhts laws and rules, including all of the rules and requlations found in this chapter. "(c) The City endorses the fundamental purpose behind the Americans with Disabilities Act, which includes the removal of physical and non-physical barriers when readily achievable, where applicable. "(d) The City further endorses a public policy that businesses within the City's iurisdiction must also comply with the Americans with Disabilities Act, including the removal of physical barriers whenever removal is readily achievable. "Sec. 24-91. Definitions. "As used in this Article, the following words and phrases have the following meanings: "Auxiliary Aid includes: Services or devices such as qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for deaf persons (TDD's}, videotext displays, readers, texts on tape, materials in Braille, and large print materials. This list is not exclusive and functional equivalents may be substituted for any auxiliary aid. "FinancialAssistance means the receipt, from the City, of any specific grant, loan, lease, contract (other than contracts for goods, insurance or guaranty, or services upon payment of full and fair compensation or upon obtaininq a lease, license, or use privilege agreement upon payment of fair market value or the payment of fees required by City ordinance), or the use of City personnel or property without the payment of fair market value or full and fair compensation. "Qua/ified Person With A Disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of amhitectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eliqibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. "Readily Achievable means easily accomplishable and able to be carried out without much difficulty or expense. Determining if barrier removal is readily achievable is, by necessity, a case-by-case judqment. Factors to consider include: R31502A1_l.doc "a. The nature and cost of the action. "b. The overall financial resources of the site or sites involved; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements necessary for safe operation, includinq crime prevention measures; or any other impact of the action on the operation of the site. "c. The qeo.qraphic separateness and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity. "d. If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect tn the number of its employees; the number, type, and location of its facilities. "e. If applicable, the type of operation or operations of any Parent Corporation or entity, includinq the composition, structure, and functions of the workforce of the Parent Corporation or entity. "Reasonable Accommodation means any chanqe or adjustment to the service, activity or proqram for the known physical or coqnitive limitations of an otherwise qualified person with a disability unless it can bP, demonstrated that the accommodation would impose an undue hardship on the operation of the proqram. Any particular chan.qe or adjustment would not be required if, under circumstances involved, it would result in an undue hardship. "Sec. 24-92. Effect on other .qovernmental entities. "Nothin.q in this article is intended to apply to any facility or program owned or operated by the Federal or State qovernments or political subdivision of the State. "Sec. 24-93. General prohibitions a.qainst discrimination. "The Department of Justice's "General prohibitions against discrimination," 28 CFR 35.130, are adopted by the City and read as follows: "'(a) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, pro.qrams, or activities of a public entity, or be subjected to discrimination by any public entity. "'(b)(1 ) A public entity, in providing any aid, benefit, or service, may not, directly or through contractual, licensin,q, or other arrangements, on the basis of disability-- R31502A1 _1 .doc 8 "'(i) Deny a qualified individual with a disability th~. opportunity to participate in or benefit from the aid, benefit, or service; "'(ii) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; '"(iii) Provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affordin.q equal opportunity to obtain the same result, to qain the samP. benefit, or to reach the same level of achievement as that provided to others; "'(iv) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others; "'(v) Aid or perpetuate discrimination a.qainst a qualified individual with a disability by providinq siqnificant assistance. to an a.qency, orqanization, or person that discriminates on the basis of disability in providin.q any aid, benefit, or servicP. to beneficiaries of the public entity's pro.qram; '"(vi) Deny a qualified individual with a disability the opportunity to participate as a member of plannin.cl or advisory boards; '"(vii) Otherwise limit a qualified individual with a disability in the enjoyment of any riqht, privileqe, advantaqe, or opportunity enioyed by others receivinq the aid, benefit, or service. '"(2) A public entity may not deny a qualified individual with a disability the opportunity to participate in services, proqrams, or activities that are not separate or different, despite the existence of permissibly separate or different pro.qrams or activities. '"(3) A public entity may not, directly or throu.qh contractual or other arran.qements, utilize criteria or methods of administration: "'(i) That have the effect of subiectinq qualified individuals with disabilities to discrimination on the basis of disability; R3150ZA1_1 .doc 9 '"(ii) That have the purpose or effect of defeatinq or substantially impairing accomplishment of the obiectives of the public entity's program with respect to individuals with disabilities; or '"(iii) That perpetuate the discrimination of another public entity if both public entities are subject to common administrative control or are agencies of the same State. '"(4) A public entity may not, in determining the site or location of a facility, make selections-- "'(i) That have the effect of excluding individuals with disabilities from, denyinq them the benefits of, or otherwise subiectin.q them to discrimination; or '"(ii) That have the purpose or effect of defeatinq or substantially impairing the accomplishment of the obiectives of the service, program, or activity with respect to individuals with disabilities. "'(5) A public entity, in the selection of procurement contractors, may not use criteria that subject qualified individuals with disabilities to discrimination on the basis of disability. '"(6) A public entity may not administer a licensing or certification program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability, nor may a public entity establish requirements for the proqrams or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability. The proqrams or activities of entities that are licensed or certified by a public entity are not, themselves, covered by this part. '"(7) A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that makinq the modifications would fundamentally alter the nature of the service, proqram, or activity. "'(8) A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program, or activity being offered. R31502Al_l.doc 10 '"(c) Nothing in this part prohibits a public entity from providinR benefits, services, or advantaRes to individuals with disabilities, or to a particular class of individuals with disabilities beyond those required by this part. '"(d) A public entity shall administer services, programs, and activities in the most inte.qrated settin.q appropriate to the needs of qualified individuals with disabilities. "'(e)(1) Nothinq in this part shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit provided under the ADA or this part which such individual chooses not to accept. "'(2) Nothing in the Act or this part authorizes the representative or .quardian of an individual with a disability to decline food, water, medical treatment, or medical services for that individual. "'(f) A public entity may not place a surcharqe on a particular individual with a disability or any .qroup of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids or pro.qram accessibility, that are required to provide that individual or .qroup with the nondiscriminatory treatment required by the Act or this part. '"(g) A public entity shall not exclude or otherwise deny equal services, pro.qrams, or activities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.' "Sec. 24-94. Requirements to ensure City facilities, pro,qrams, and services are accessible to qualified persons with disabilities. "(a) No qualified individual with a disability will, because of inaccessibility to or unusability of the City facilities, be denied the benefits of, be denied participation in, or otherwise be subiected to discrimination under any proqram or service, "(b) The City will operate its pro.qrams and services so that the pro.qrams and services, when viewed in their entirety, are readily accessible to qualified individuals with disabilities. "(c) Each facility or part of a facility designed and constructed by or for the use of the City or persons and entities receiving financial assistance must be desiqned and constructed in a manner that the facility or part of the facility is readily accessible to and usable by persons with disabilities in compliance with ADA and re.qulatory standards, including Texas Accessibility Standards of the Architectural Barriers Act. "(d) Each facility or part of a facility that is altered by, on behalf of, or for the use of the City or persons and entities receiving financial assistance must be altered in a manner R3150ZA1_l.doc 11 that ensures that the facility or part of the facility is readily accessible to and usable by persons with disabilities. "(e) The City will not provide financial assistance to any entity or program that does not comply with this Chapter. "(f) This subsection does not require that every existing facility or every part of a facility be made accessible to and usable by persons with disabilities. "Sec. 24-95. Personal Devices and Services. "(a} Nothing required in this Article includes, or may be construed to include, a requirement that the City provide to individuals with disabilities personal devices, such as wheelchairs, individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use of study; or services of a personal nature including assistance in eatinq toiletin.q or dressing. "(b) Nothing in this Article requires the City to fundamentally alter its programs or services. "Sec. 24-96. Communications. "(a) The City shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. "(1) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by the City. "(2) In determining what type of auxiliary aid and service is necessary, the City shall give primary consideration to the requests of the individuals with disabilities. "(b) The City, and those receivinq financial assistance from the City, must provide auxiliary aids and services as reasonable accommodations when they are necessary to ensure effective communication with individuals with hearinq, vision, or speech impairments. "Sec. 24-97. Certificate of Compliance for Applicants for Financial Assistance. "All applications for financial assistance from the City must certify on a form provided by the Director that the applicant will operate its proqrams and services in compliance with this Article. "Sec. 24-98. Annual Evaluation by City. "(a) The City will annually: R31502A1_1 ,doc 12 "(1 ) Evaluate, with the assistance of interested persons, including people with disabilities or organizations representinq persons with disabilities, the City's current policies and practices. "(2) Modify, after consultation with interested persons, includinq persons with disabilities or or.qanizations representin.q persons with disabilities, any policies that do not meet the requirements of this Article. "(3) Take, after consultation with interested persons, includinq persons with disabilities or or.qanizations representin.q persons with disabilities, appropriate steps to eliminate the effects of any discrimination that results from the failure to adhere to this Article. "(b) The City will maintain on file and make available for public inspection: "(1) A list of the interested persons consulted. "(2) A description of areas examined and any problems identified. "(3) A description of any modifications made and of any remedial actions taken. "Sec. 24-99. Adoption by the City of Designated Coordinator and Grievance Procedure. "(a) The City will desiqnate at least one person to coordinate its efforts to comply with this article. "(b) The City will adopt .qrievance procedures that incorporates appropriate due process standards and provides for the prompt and equitable resolution of complaints alleqinq any action prohibited by this Article. "Sec. 24-100. Non-Discrimination Notice regarding Individuals with Disabilities. "(a) The City will take appropriate and continuin.q steps to notify participants, beneficiaries, employees, or applicants, includin.q those with impaired vision or hearinq, and unions or professional organizations officially recoqnized by the City that the City does not discriminate on the basis of disability. "(b) The notification will include the identification of the individual and department responsible for investiqatinq complaints of discrimination. "Sec. 24-101. Administration. "(a) The Director will serve as the City's focal point for coordinating the implementation of this Article. "(b) The Director will coordinate the implementation of any relevant new and existinq laws and ordinances relating to the discrimination a.qainst persons with disabilities. R31502A1_1,doc 13 "(c) The Director is responsible for: "(1) CoordinatinR the investiqation and/or conciliation procedure outlined in Sec. 24-102, and assistin.q in resolvinq .qrievances to assure prompt solutions. "(2) Preparinq and disseminatin.q information reqardin.q disability rights to the public, City departments, and community agencies. "(3) Researchin.q administrative policies and procedures to identify for City management modifications required for accessibility to individuals with disabilities. "(4) Monitorin.q City activities related to individuals with disabilities and conductinq periodic compliance reviews to assure that all City departments are providinq services that are accessible to individuals with disabilities. "(5) Recommendinq trainin.q proqrams to City departments to assure that City services are available to the disability community. "(6) Providin,q technical assistance and consultation to City departments in areas related to accessibility as defined by law. "(7) Assistinq in the development of Ion.q-ranqe planninq activities to accomplish compliance with applicable laws and re.qulations. "Sec. 24.102. General Enforcement Guidelines. "(a) Any individual who has been discriminated a.qainst because of disability may file with the Director a request to have the Director investigate the complaint of discrimination. "(b) If the Director receives a complaint against an agency of the Federal or State .qovernments, or a political subdivision of the State, the Director will refer the complainant to the appropriate authority. "(c) Nothin.q in this Article creates a civil cause of action for damaqes aqainst the City or precludes any aggrieved person from seeking any other remedy provided by law. Nothin.q in this Article authorizes criminal enforcement of this article against the City, its officers, employees, or a.qents. "(d) Filin,q a complaint with the Director is not a prerequisite and does not bar the filing of some other leqal complaint or the pursuit of any other remedy provided by law. "(e) The pendency of a complaint before the Director does not bar any a.qRrieved party from seekinq civil action, but a final iudqment in any civil action bars any further investiqation of a pendinq complaint on the same alleged act of discrimination. R31502A1_t.doc 14 "(f) In connection with any investiqation of a charqe filed under this article, the Director, or an investigator designated by the Director, shall have access to, for the purposes of examination, and the right to copy relevant evidence from any person or entity being investiqated. This access to evidence is to be limited by applicable laws qoverninq the investigation of civil rights claims. "(.q) No person may knowingly, intentionally, or recklessly obstruct, or prevent compliance with this Article or hinder or interfere with the performance of the proper exemise of a duty, obligation, right, or power of the Director, the Director's representatives, or other officials with duties, obliqations, ri.qhts, and powers established by this Article. "(h) Where appropriate, and when not in violation of conflicts of interest or other ethical rules of the State Bar of Texas, the City Attorney may assiqn counsel to assist the Director. "(i) The City Manager may make administrative arranqements as are normal and necessary for the functioning of the Human Relations Department. "Sec. 24-103. Filin.q and Investigating Complaints of Discrimination A.qainst the City. "(a) Any individual with a complaint that the City has violated this Article may file a complaint with the Director. The complaint must be filed on a form provided by the Director, and must identify the entity or person(s) alleged to have committed th~, discriminatory practice. In situations where the complainant's disability requires assistance to submit a complaint, the Director will make reasonable effort to assist the person in filinq a complaint. The Director must provide complaint forms and furnish them without charqe to any person, upon request. "(b) All complaints must be filed within 180 days followinq the occurrence of an alleqed discriminatory practice. "(c) As soon as practicable, but in no more than 15 calendar days, the Director must meet with the complainant to discuss the complaint and possible resolutions. After investiqation and within 15 calendar days after meeting with the complainant, th~. Director must respond in writing, and where appropriate, in a format accessible to the complainant, such as iar.qe print, Braille, or audio tape. The response must explain thP. position of the City and offer options for substantive resolution of the complaint, if appropriate. "(d) If the response by the Director does not satisfactorily resolve the issue, the complainant may appeal the Director's decision to the City Manager. The appeal must be filed within 15 calendar days after receipt of the Director's response. "(e) Within 15 calendar days of the appeal, the City Manager or the City Manaqer's desiqnee must meet with the complainant to discuss the complaint and possibl~, resolutions. Within 15 calendar days after the meetin.q, the City Manaqer or City R31502A1_1.doc 15 Manager's designee must respond in writing, and where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. "(f) All formal complaints received by the Director, the responses to the complaints and the record of appeals to the City Manaqer must be retained by the Director for at least three years. "Sec. 24-104. Retaliation and Coercion. "(a) The City and any person or entity receivinq financial assistance from the City may not discriminate against any individual because that individual has opposed any act or practice prohibited by this Article, or because that individual has made a charge, testified, assisted, or participated in any manner in an investiqation, proceeding, or hearinq under this Article or any applicable law, including the Americans with Disabilities Act of 1990. "(b) The City and any person or entity receivinq financial assistance from the City may not coerce, intimidate, threaten, or interfere with any individual in the exercise or enioyment of, or on account of the individual having exercised or enioyed, or on account of the individual having aided or encouraqed any other individual in the exercise or enjoyment of, any right granted or protected by this article or the Americans with Disabilities Act of 1990. "Sec. 24-105. Remedial or Voluntary Action. "(a) If the outcome of an investiqation finds that the City has violated this Article by discriminating aqainst a qualified person with a disability, the City Manaqer, or designee, will take any remedial or voluntary actions appropriate and necessary to rectify the problem. "(b) All appeals of a ,qr evance must follow the City's established qrievance appeal procedures. "(c) If the outcome of an investigation finds that a person or entity hired by the City to operate a City program or a person or entity receivinq financial assistance from the City has participated in the discrimination, the City Manaqer, or desiqnee, may require th~, person or entity receiving financial assistance from the City to take appropriate action to rectify the problem. "Sec. 24-106. City Council Status Reports. "The Director shall submit an annual status report to the City Council that apprises the Council on the implementation of this Article." SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final R31502A1_1.doc 16 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 10. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 11. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 24-25 of the City Code of Ordinances, as amended by Section of this ordinance. R31502Al_l.doc 17 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2004, by the following vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett ,2004, by the following vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott Bill Kelly PASSED AND APPROVED, this the ATTEST: day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved as to legal form only this the 5~h day of February, 2004; By: Joseph F. Harney Assistant City Attorney For City Attorney R31502Al_1.doc ATTACHMENT II List of Associations/Organizations City of Corpus Christi Proposed Non-Discrimination Ordinance Local Associations and Organizations Contacted for Public Input Name of Association (Alphabetical Order) Accessibility Coalition American General Contractors American Institute of Architects American Society of Civil Engineers Associated Builders and Contractors Black Chamber of Commerce Blind Leaders BOMA-Building Owners and Managers Association Builders Association of the Corpus Christi Area CC Chamber of Commerce (Public Policy Task Force) CC Hispanic Chamber of Commerce CC Restaurant Association Corpus Christi Independent School District Consulting Engineers Council -Texas Corpus Christi Chapter Council of Government Del Mar College Hard of Hearing Center (Consumer Board) Hispanic Contractors Hotel/Motel/Condo Association Minority Business Council MR Advisory Committee of MHMR Nueces County Regional Transportation Authority RTA Advisory Board Texas AM- Corpus Christi TX Commission for the Blind TX Society of Professional Engineers Various Sport Leagues Westside Business Association ATTACHMENT III Summary of Public Comments City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 7/17/2003 Public Meeting 1. Public Comment on why have this proposed non-discrimination ordinance instead of a Resolution by the City Council. 2. Public Comment on the definition of disability. 3. Public Comment on who is being discriminated and who is not. 4. Public Comment about solutions. 5. Public Comment that some meeting attendees know the ADA and are trying to comply, so what is the goal of this ordinance and who is the target. 6. Public Comment about losses and whose loss is it. 7. Public Comment that there is understanding about "holes in the net" but remarked that it is hard to understand why another law is needed since the ADA has enforcement element. 8. Public Comment on what is to be done if a business is not accessible, and if this would mean litigation. 9. Public Comment on if this is a communication tool, what is being done for enforcement. 10. Public Comment on a restaurant as an example and about enforcement. 11. Public Comment on if the City will be going out looking for contractors who are not complying. 12. Public Comment on having a checklist for business to comply. 13. Public Comment on who will make judgment calls on compliance. 14. Public Comment that if the City is monitoring and policing than this is more than a communication tool. 15. Public Comment of appreciation of "readily achievable" but believes that p.2 #4 is opening up the City and citizens to a lot. 16. Public Comment that anyone can claim any disability and this would be bad for tax payers and gave an example of how believes that a person could "ridiculously" use the ordinance as it is. 17. Public Comment about any other city the size of Corpus having an ordinance like this. 18. Public Comment that in order to make this work in the community, the City will have to enforce. 19. Public Comment on if there is anticipation of lawyers participating in legal litigation. 20. Public Comment that people can already contact TX Dept. of Licensing and Regulations (TDLR) for non- compliance. WORKING DRAFT 1 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 7/172003 Public Meeting -Cont. 21. Public Comment about why it is needed to state compliance again locally when the State already has something in place, yet acknowledges the we have to improve. 22. Public Comment about clarification that this ordinance applies to contractors that do not currently have a contract with the City. 23. Public Comment on fears and concerns and believes that the City never complies with 504 but that the City is totally responsible. 24. Public Comment that we should work together otherwise lawsuits will be brought. 25. Public Comment on toleration for many years and that the City is guilty. 26. Public Comment that City is doing, but it takes money. 27. Public Comment that people with disabilities represent 20 percent of the community. 28. Public Comment for more awareness and be more responsible. 29. Public Comment that this is like putting a gun to a person's head or else will sue. 30. Public Comment on if the City Code will change making City staff responsible to see that everything is ADA compliant. 31. Public Comment about the final decision will be made by the City Manager and what if this decision differs from the Texas Accessibility Standards (TAS). 32. Public Comment on why the City should prevent lawsuits if the state does not feel that it is important to do so. 33. Public Comment for clarification that the day's discussions have included two separate ordinances: the proposed non-discrimination ordinance and the accessibility chapter in the building code. 34. Public Comment of support on the proposed ordinance and that it is welcomed by the staff of Accessible Communities Inc. and also ACI's consumer control board. 35. Public Comment that remedy could mean many things and not just a lawsuit. 36. Public Comment that mediation is a choice versus litigation and noted that the process through the US Department of Justice DOJ is time-consuming of approximately two years. 37. Public Comment on the pros of this ordinance as being education, work out solution locally, and remedies for both sides. WORKING DRAFT 2 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizationstassociations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 7/17/2003 Public Meeting -Cont. 38. Public Comment of thanks to the Committee for Persons with Disabilities and City staff for showing ex ectation to do the right thing. 7/24/2003 Public Meeting 1. Public Comment that the proposed non-discrimination ordinance is a target for the City and/or contractors/lessors. 2. Public Comment on where does this ordinance go beyond the City, such as addressing fast food restaurants. 3. Public Comment on grievances on activities and services. 4. Public Comment that there appears to be no penalty on services, but yes on physical barriers. 5. Public Comment that a few things could be added to make the ordinance more clearer. 6. Public Comment in support of intent of ordinance, but not on the current draft. 7. Public Comment that the City should take a stand and show by example, and to do so not by mandate but by encouragement. 8. Encouraged staff to have a formal mechanism to be in place. 9. Public Comment in favor of the proposed ordinance. 10. Public Comment about the scrutiny of this ordinance. 11. Public Comment on were every ordinance having to go through such close scrutiny. 12. Public Comment on the ground work and budgeting of staff. 13. Public Comment regarding budgetary impact and that every ordinance could be traced back to the budget. 14. Public Comment to not dissect the ordinance on the basis of why not do the ordinance, and not base it on financial reasons and hopes that the determination on the ordinance is not made on cost. 15. Public Comment that there are holes or open areas in the ordinance and encouraged that the ordinance be viewed from the perspective of persons with disabilities. 16. Public Comment that services by the City or contractors have gaps and Public Comment on how exactly would it be handled by what mechanism. 17. Public Comment in offering to assist the Committee for Persons with Disabilities on this ordinance. 18. Public Comment for good results and thanks for good work. WORKING DRAFT 3of24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizationslassociations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 7242003 Public Meeting - Cont. 19. Public Comment that Federal and State laws already exist so why do this locally, and believes that it is not needed as a third level. 20. Public Comment of support of this ordinance and wants doors opened not closed. 812112003 Public Meeting 1. Public Comment that a restaurant chain's local establishment is an embarrassment [regarding accessibility for persons with disabilities]. 2. Public Comment that this proposed ordinance is preventative and also needed. 3. Public Comment on the need to remove architectual and program barriers. 4. Public Comment that passage of this ordinance would be proactive. 8/22/2003 Council of Government Regular Meeting 1. Members were encouraged to also attend an upcoming public meeting to give input, due to the late meeting hour. Officers mentioned possibly inviting the City back for any further discussion. 2. Public Comment that the ordinance could be used for punitive damages, as in Florida. 3. Public Comment to formally support the ordinance, however the day's discussion did not include the ordinance as an agenda action item for the Council of Governments (COG). 4. A Resolution of Support on this proposed ordinance was later passed by the COG at its October 2003 meeting. 9/3/2003 Regional Transportation Authority Board Meeting 1. During the public comments period of the board meeting's agenda, there was Public Comment of support of this ordinance. 2. Public Comment on the board's willingness to collaborate with the City on projects for accessibility. 3. Public Comment on requirements and compliance for places of public accommodations. 5. Public Comment about the City of Corpus Christi's compliance and its facilities being accessible, while enforcing this ordinance. 6. Regarding the City's transition plan, Public Comment about the duration to complete the citywide accessible curb ramps. 7. Public Comment on having a mechanism in place for individual curb ramp requests. WORKING DRAFT 4of24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 9/312003- Regional Transportation 8. Public Comment of appreciation for efforts by City's ADA Coordinator, Mr. Ramos. Continued Authority Board Meeting 9. A Resolution of Support on this proposed ordinance was later passed by the RTA Board of Directors. 9/3/2003 CC Area Builders Association Members 1. Public Comment on existing ADA compliance. 2. Public Comment about modifying model homes for ADA compliance, and also those model homes that are used as offices, and associated expenses. 3. Public Comment on prior information/interpretation that a builder received from a governmental agency regarding model homes' ADA compliance; Public Comment on clarification per Department of Justice determination. 4. Public Comment expressing their desire to do the right thing and be in compliance. 9/4/2003 Westside Business Association Members 1, Public Comment about why the protected class of "disability' was left out of the original ordinance's provision for penalties. 2. Public Comment on if there was a set number of employees that require a business to meet ADA requirements. 3. Public Comment on the dollar limit for renovations that triggers the ADA requirements. 4. Public Comment about what the financial burden will be to the City and/or businesses. 5. Public Comment on how an undue burden or financial hardship would be determined. 6. Public Comment about businesses having to disclose financial information and about those documents becoming public documents; Confidentiality concerns were raised about a business' right to privacy. 7. Public Comment about alternatives, such as lawsuits, and the use of "financial burden" as an excuse, and on available funding sources. 8. Public Comment that it would be good to see how many have used "undue burden" as an excuse in the past. 9/5/2003 CEC-Texas C.C. Chapter Meeting 1. Public Comment about the members' responsibilities regarding leased space. 2. Public Comment about the requirements regarding auxiliary aids, and the impact of these on businesses. 3. Public Comment on if there will be local ADA reviews. WORKING DRAFT 5of24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 9/5/2003 CEC-Texas C.C. Chapter Meeting - Continued 4. Public Comment on Page 2, Item 4: 7 of 8 members present voted to recommend deletion of Item 4 verbiage. The concern was that the definition was too broad in scope. It was pointed out that this was straight out of the ADA, but persons present Public Comment on if either it could be deleted or a different definition given. Additional comment: 1, 2, and 3 are good, but wanted to know if it can be done without 4. 5. Public Comment regarding enforcement and the purpose of this ordinance and if this is the only way to do it. 6. Public Comment on what started this all and how much will it cost. 7. Public Comment on how much staff will work on this. 8. Public Comment on the fiscal impact to the City budget. 9. Public Comment on what jurisdiction does this cover. 9/4/2003 CC Restaurant Association Board Meeting 1. Public Comment on mediation/settlement locally through this ordinance's processes, and if the Department of JusticeDOJ accepts such favorably. 2. Public Comment that the board is willing to include ordinance information in its newsletter. 3. Public Comment on fees for inspections regarding accessibility. 4. Public Comment that some board members are very familiar with the ADA and have provided consultations, and wanted to know what more will this ordinance do than the ADA requires. 5. Further Public Comment on promotion/awareness. 6. Public Comment on examples of non-compliance in and of local restaurants. 7. Public Comment on triggering events for accessibility improvements and corrections, including TX Dept. of Licensing and Regulations' (TDLRprocess and how to know if a business is in compliance or not. 8. Public Comment on examples of physical barrier removals, i.e.: restrooms, turnaround space. 9. Public Comment that it would also be good to contact architects regarding this ordinance. 10. Public Comment that board will share ordinance summary with its general membership. 11. Public Comment of compliance in smaller "mom/pop" businesses. WORKING DRAFT 6of24 1 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 9/9/2003 Del Mar College Board of Regents Regular Meeting 1. Due to time constraints, Del Mar College DMC will forward Public Comments. 9/9/2003 Meeting with Nueces 1. Public Comment about the meaning of the ordinance and suggested that comments come from others as well County ADA Liaison in the County who handle contracts. 9/10/2003 Hotel/Motel/Condo 1. Public Comment that this ordinance does not add more requirements but is adding another layer of Assoc. Board Meeting enforcement. 2. Public Comment on who handles (determines) exceptions to ordinance. 3. Public Comment on the benefit of having association members check with on compliance in advance of this ordinance for protection and clarification on such as triggering events & possible violations. 4. Public Comment that smaller operators (businesses) may not have information/resources. (Information on tax incentivesprovided.) 5. Public Comment on where this ordinance addresses Places of Public Accommodations. 6. Public Comment on forwarding this ordinance to Texas Hotel Lodging Association's Council and association members. 9/10/2003 CC Hispanic Chamber of Commerce Ambassadors' Meeting 1. Public Comment of support and help for all citizens. 2. Public Comment on grandfathering for older establishments. 3. Public Comment on who is enforcing the ADA law now. 4. Public Comment on if there is an ADA complaint against a governmental entity, where does the money come from to address (remedy), and is this from taxpayer dollars. 5. Public Comment on if this ordinance holds for (apply) to the City's programs also, after the person stated that they experienced an inability to access a City swimming program at the Natatorium for her child who has a cognitive disability; and on the availability of and meeting of accommodations, such as inyouth/recreation. WORKING DRAFT 7 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 9/10/2003- CC Hispanic Chamber of Continued Commerce Ambassadors 6. Public Comment that some disabilities are obvious, but other are not, such as mental disabilities. 7. Public Comment for copy of the ordinance itself, for possible Chamber Chairperson review. 9/11/2003 Public Meeting 1. Public Comment on ordinance regarding accessibility to festivals, carnivals andparades; such as "Buc Days" 2. Public Comment of interest in receiving copy of any public comments 3. Public Comment of support and movement in a positive direction. 4. Public Comment of support and where does local college fit in regarding this ordinance. 5. Public Comment about contracts with City and where the parties interlink. 6. Public Comment of providing an assurance, in contracting with City, that ALL areas are compliant. 7. Public Comment on enforcement of this ordinance. 8. Public Comment that relationship with the City does not change a party's ADA responsibilities. 9. Public Comment of clear goal/objective for facilities, then services, activities, programs and to what extent being equal and meeting special accommodations. 10. Public Comment on broadness of #7 on page 4 and where located in the ADA. 11. Public Comment of lack of ADA awareness for some businesses. 12. Public Comment about any grandfather clause(s). 13. Public Comment that places (businesses) have the money for accessibility. 14. Public Comment of curb ramps and lack thereof around police department. 15. Public Comment on ideas/projects for juveniles and how to go about them. 16. Public Comment on how to get more information as a person using a wheelchair. 9/17/2003 Minority Business Council Board Meeting 1. Public Comment of opinion that 2/3 of restaurants within City do not comply. 2. Public Comment about what happens to those who cannot prove accessibility. 3. Public Comment that fines could be cumbersome. 4. Public Comment on customers switching to another restaurant for greater accessibility. WORKING DRAFT 8of24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizationslassociations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 9117/2003- Minority Business Council Continued Board Meeting 5. Public Comment on clarification on restaurants being a public facility; Undue burden. 6. Public Comment for examples on why there is a need for this ordinance. 7. Public Comment on fine amounts. 8. Public Comment on what they need to know about this ordinance. 9. Public Comment about subcontractors in relationship to this ordinance. 10. Public Comment on contracts that are issued on an "as needed" basis to persons or businesses. 9122/2003 CC Black Chamber of Commerce Board Meeting 1. Public Comment about smaller "mom -pop" businesses and their ADA responsibilities. 2. Public Comment about accessibility in churches. 3. Public Comment about accessibility requirements for home -businesses. 10111/2003 Public Meeting No public attendance. 1011312003 Various Sports League Representatives 1. Public Comment on leagues by ages, facilities/field locations broken out by ages. 2. Public Comment on Participation/Evaluations in that normally any applicant is included. Exception: Football must have a physical by a doctor, who states if the individual can play. 3. Public Comment that no one is turned down for little league. They even have helmets with masks and heart padding covers. 4. Public Comment of not having started to build new concession stand and restrooms due to increased cost. Have to do additional fund raising. 5. Public Comment about what type of access is needed; example of one League having 34 Acres and 21 fields, bridge access. 6. Public Comment on the type of and extent of accessibility needed when going out to the field. 7. Public Comment on the number of available fields (i.e.: percentage) needed for accessibility, including the route, length of field, and both sides. WORKING DRAFT 9of24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 10/13/2003 Various Sports Leagues - Continued Continued 8. Public Comment that there is no set schedule or location to fields, it various by age and group, etc. 9. Public Comment of having any kind of courtesy review of the facility, and getting guidance on what is needed. 10. Public Comment on safety issue regarding having concrete/sidewalk on fields. 11. Public Comment that they do not have to pour sidewalk; possibly just make a level, cleared ground/path. 12. Public Comment on when there is a lot of rain, wet grounds do not allow for wheelchairs. 13. Public Comment that the grounds would be wet, muddy to any person attending. 14. Public Comment about the leagues being contacted or having representation when they [the Committee] were developing the ordinance. 15. Public Comment about not having any league members on the Committee. 16. Public Comment on the Santa Fe League is in a City Park and 7 fields crowded at one end. When it rains, parents watch from the sidewalk. Public Comment about this being a compliant. There are no designated spots. One field was moved to an elementary school because the old field is under water. Public Comment about whether the City will help the leagues or will they have to do it themselves. 17. Public Comment on whether the leagues are going to receive any funding on this or will it be at the league's expense. 18. Public Comment that some of the leagues are very small and do not have much funding. 19. Public Comment that these are City properties and concerned about if one accessible restroom is enough and the use of signage to direct people from the other non -accessible restroom. 20. Public Comment that the accessible restrooms that are kept locked, and concerned about how the leagues could use these with or without City staff person present. Possibly someone [in the league] can have the responsibility of unlocking and locking the restrooms. They are willing to help clean the restrooms. 21. Public Comment about lack of finance and lack of space being considered when looking at a situation. 22. Public Comment that one league was told to remove the skid -o -can. 23. Public Comment - Southside Little League is accessible, but the kickball, pop warner and soccer leagues are 1/2 a mile away and are not accessible. WORKING DRAFT 10 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 10/132003 Various Sports Leagues - Continued Continued 24. Public Comment on who is the decision maker on this and if the determination can change on a case -by - case basis. 25. Public Comment about leagues being allowed a grace period to comply. 26. Public Comment on the effective date when the ordinance is implemented and for those contracts already in effect. 27. Public Comment about Price Field's restroom is kept lock, but possibly the City could let them use the restroom. 28. Public Comment on about Accessible Parking and the responsibility of enforcing it. Public Comment that in the past, the Corpus Christi Police Department (CCPD) has not addressed it. Public Comment that they [the leagues] cannot remove the violator and that it is not the leagues responsibility, but rather it should be CCPD. 29. Public Comment about having a grandfather clause. 30. Public Comment about the leagues being responsible for Auxiliary Aides, interpreters and TTY equipment. 31. Public Comment about the Press Box having to be accessible. 32. Public Comment on Parking lot problems, such as grass build up, no accessible parking, lines must be clear, sign must be so high (or tickets will be dismissed), etc. 33. Public Comment about the feasibility of getting each field inspected, to see what is needed to be compliant. 34. Public Comment about the City sending information on the minimum requirements, something to start on what the leagues are looking at [facing]. 35. Public Comment that by conducting a study to identify all the deficiencies, we [the leagues] possibly could apply for a federal grant to make the necessary changes. Bottom line - funds. 36. Public Comment about any ADA funds that the Leagues could apply for. 37. Public Comment that in the past, the leagues have been told they cannot use CDBG funds for cement, black tops, etc. CDBG has some restrictions. 38. Public Comment on Little League safety issue that they cannot have concrete or sidewalks to close to the field, etc. WORKING DRAFT 11 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 10113/2003 Various Sports Leagues - Continued Continued 39. Public Comment that something is needed, a safe route - not a designated walk -way. Just a designated area where reasonable, smooth path to get there. Need to be without barrier, a path free of holes. 40. Public Comment about the parking lots being in compliance and having to be paved all the way around to the other fields. 41. Public Comment on having to level routes of some fields that were put in later than others. Need to look at options and possibly schedule around it to assist with accommodation issues. 42. Public Comment that each league caters to group by field, age and group. The City needs to set some monies aside for it. 43. Public Comment on compliance for level accessible routes in not having to build sidewalks if there is a flat area, or make the area flat. 44. Public Comment that you need to do this on a one by one situation. 45. Public Comment about assessing locations for compliance through possibly appointments with the City and then tell the league how long it has to comply. We will need Park and Recreation's assistance. 46. Public Comment about the timing issue and period of time for transition. 47. Public Comment about before the ordinance and how much time is available to fix this. 48. Public Comment that this is a great ordinance, but 60 days to fix any problems would be hard. 49. Public Comment about getting the leagues trained to do assessments, and comment that they are willing to o for training. 50. Public Comment about what triggered this ordinance and if it was a complaint. 51. Public Comment on parking at tournaments, and comment on the need to consider issues that may arise during tournaments. 10114/2003 MR Advisory Committee of MHMR 1. Public Comment about how this ordinance is different from the ADA. 2. Public Comment on expanding summer programming [with City]. Public Comment on why this ordinance has come and if it is to assure accessibility to programs. 3. Public Comment to clarify that this ordinance is not just for the City but also for those it contracts with. WORKING DRAFT 12 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizationslassociations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 10/142003- MR Advisory Committee of Continued MHMR 4. Public Comment that reasonable accommodations should be done within regular programs; full spectrum of responses to persons with disabilities wanting to participate in programs. 5. Public Comment that the City's Park & Recreation is making adjustments and moving in the right direction; Public Comment on who to contact to work with on having a vehicle in place to act before complaints come in. 6. Public Comment about if modifications required, Le.: sidewalk, will passage of this ordinance make people do something reasonable. 7. A Resolution of Support was later passed by the Nueces County MHMR Board of Trustees. 10/16/2003 CC Chamber of Commerce's Public Policy Task Force Meetinq 1. Public Comment about applying this ordinance to public utilities contracts with businesses, gasoline, Downtown Business Zone; Because every business has a contract for utilities. 2. Public Comment about homes that are not for the public. 3. Public Comment on the term "contractors" and the need for clarification. 4. Public Comment that they understand the intent, but concerned about looking at it if a complaint is made. 5. Public Comment about extremely broad language without a clearer definition and any attempt to clean up that language. 6. Public Comment that "contractor" could be defined and an example given of "Quid Pro Quo" on utility verbiage. 7. Public Comment on why the ADA is not sufficient. 8. Public Comment about why is this at a higher standard than ADA. 9. Public Comment about who is considered to be a contractor, and if it applies when the City hires a lawyer, business utilities, purchases gas, car washes, etc. Public Comment that it imposes standards on all. Public Comment about what is considered to be outside of procurement; and possibly define procurement. 10. Public Comment that it might be better if some language could be added to definitions. 11. Public Comment on wording if providing services, then give some examples, such as the Arena, Home Services, etc. WORKING DRAFT 13 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizationslassociations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 10/162003 CC Chamber -Public Policy Continued Task Force Continued 12. Public Comment on the impact this ordinance has on any home that is remodeled, and whether they all have to be designed for persons with disabilities. 13. Public Comment about multiple dwellings. 14. Public Comment about first time home buyers. 15. Public Comment about home improvement loans. 16. Public Comment about Non -Profit Groups in that all types of things, such as the Jazz Society and those receiving various monies must be accessible. 17. Public Comment that if going to have an ordinance, get rid of the ambiguity and have clearer definitions. 18. Public Comment about why we need this. 19. Public Comment about the reason of imposing another additional burden on the City. 20. Public Comment that there appears to be a lot of confusion; why we have not been making progress with ADA; and knowing what are some examples of missing the mark. 21. Public Comment about whether this is to put the City in a proactive position for enforcement. 22. Public Comment about the City already having specific penalties in place for discrimination. 23. Public Comment on whether we already have a mediation process. 24. Public Comment about the number of time that we have to enforce or have they been enforced. 25. Public Comment on the reason of having to enforce it. 26. Public Comment on whether the present ordinance be modified. 27. Public Comment about knowing if the City gets DOJ funds for enforcement. 28. Public Comment that in theory, this ordinance is good, but does it put them in place as a mediator or having to monitor for enforcement; Or do they have to go out and look for problems with each of them. 29. Public Comment about small businesses and if this requires that they have items such as TTY; and if this is required, what would be the level of requirement. 30. Public Comment that what you are trying to accomplish is wonderful. But it may not be seen by the community and businesses as such. They may think you are out to get them. 31. Public Comment in favor of a possible Public Education/Outreach Program. 32. Public Comment about why not just change the existing ordinance. WORKING DRAFT 14 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 10/1&2003 CC Chamber- Public Policy Continued Task Force Continued 33. Public Comment that it would be good to have some helpful books/fact sheets about ADA, the authority to enforce and promote it, instead of a new ordinance. It might be difficult to get into all the unknown issues. 34. Public Comment that it might be better to get a separate Compliance Officer for only disability and ADA related issues. 35. Public Comment on that would not appear to make it a higher level of requirement. 36. Public Comment about why we could not add disability to the existing enforcement clause. 37. Public Comment that this ordinance will make it more difficult and confusing for the City and others. Go at it from a better information tool and go after it by looking at it from that perspective and be proactive. 38. Public Comment about how to move forward in a positive way without the negatives. 39. Public Comment on whether the goal is to affect change. 40. Public Comment about the current ordinance not having a penalty for disability related discrimination. 41. Public Comment that does not all City contracts have boiler plate language about compliance. 42. Public Comment that even if not in the contract, they would still have comply. 43. Public Comment about using the example of the Ice Rayz, and would it not be sufficient if we just changed the existing ordinance. 44. Public Comment that if we just imposed language on penalties, this could deal with it. 45. Public Comment about whether the Human Relations Ordinance is referenced in contract language. 46. Public Comment that if this is passed, will it be referenced in contract language. 47. Public Comment on whether this will be enforced if this is done [passed]. 48. Public Comment that if this would be generated by complaints, why wouldn't there be compliance. We could still enforce it at the local level. 49. Public Comment about the ordinance's impact on a complaint if it is an employee who says or does something inappropriately or in opposition to company or entities position regarding ADA accessibility, etc. 50. Public Comment that the City have an employee policy and/or orientation process to train staff on ADA related issues. WORKING DRAFT 15 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 10/162003 CC Chamber- Public Policy 51. Public Comment on the need for close captioning for the Council Meeting, and whether a person with a Continued Task Force disability would really want to listen to the Council Meeting. Continued 52. Public Comment on why a would a person with a disability want to go to a Doctor's Office or Dentist Office or place of business, if they had to file a complaint in the first place to get the service. They could just go somewhere else. They would not have to wait the one or two years for DOJ to make a determination. 10/17/2003 Accessibility Coalition Regular Meeting 1. Public Comment on if the assurance form/language was yet available and deadline. 2. Public Comment on if persons with disabilities [citizens] can attend the City Manager's business meetings with the various associations. 3. Public Comment on the City's position on Sec.24-84(a) - last part of sentence, regarding the difference(s) between this and how the ordinance would apply to ANY entity that contract with the City. 4. Public Comment that the definition of "financial assistance" would not mean or apply to just any entity that does business with the City. 5. Public Comment that this City position was not discussed with the Committee for Persons with Disabilities and came up after the City Council presentation in July 2003. 6. Public Comment that if a business is not providing a service or program on behalf of the City or is not a Place of Public Accommodation, then the ordinance should not apply. 7. Public Comment on about implication that this ordinance applies to "all entities and contractors" in having to make all of their facilities comply, especially for those contractors whose facilities are not opened to the general public. 8. Public Comment to reword language to clarify. 9. Public Comment about how this ordinance is more than the ADA. 10. Public Comment that the City's "what you should know" information sheet does not match the proposed non- discrimination ordinance, and that City staff should just cite the ordinance language during its presentation meetings in the community. 11. Public Comment to include education/awareness to increase dialogue. 12. Public Comment of support of this ordinance and intent of a Resolution of Support. WORKING DRAFT 16 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 10/28/2003 CC Independent School District's Sr. Management 1. Public Comment about the intent of this ordinance. 2. Public Comment that this ordinance appears to repeat federal requirements. 3. Public Comment on how this ordinance relates to older versus new facilities. 4. Public Comment on programs and the difference for compliance if an organization does not have a contract with the City. 5. Public Comment about if the ordinance applies only to that service/program that is under contract with the City, or does the ordinance apply in a "wide open door" for that contractor's other programs, services, facilities, etc. 6. Public Comment on the ordinance bringing "teeth" to what agencies should already being doing for accessibility. 7. Public Comment on if the intent of the ordinance is to go beyond the ADA; including an example of on facility having multiple sets of restrooms in that they all have to be accessible. 8. Public Comment on for the City's point of view in the ordinance applying to just the contracted organization's one program or applies to all of the organization's programs and buildings. 9. Public Comment on if there is a willingness to amend the ordinance to change wording, as the school district may have some suggestions. 10. Public Comment on enforcement and fines; what are the maximum fine amounts. 11. Public Comment that the District is sensitive and wants to be compliant, yet concerned about timeframe of implementing the ordinance due to constraints of time and money. 12. Public Comment on once the ordinance is adopted, will there be any lead time or grace period to comply with the ordinance requirements. 13. Public Comment to reiterate that the District wants to be compliant. 14. The District sent a letter as a statement of opposition to the proposed ordinance, (dated 11 /24/03). 15. Public Comment of already existing certain federal and state laws prohibiting public entities from discrimination against individuals with disabilities. WORKING DRAFT 17 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT CCISD - Continued 16. Public Comment that this proposed ordinance does not appear to create any new coverage in connection with any aspect of the activities of local governmental units such as the school district. 17. Public Comment that the ordinance will not provide any new rights fro students or other individuals using the District's activities/prog activities/prorams and that it could likely create new and costly burdens on the District. 18. Public Comment that the District is committed to complying with all existing state and federal laws on non- discrimination against individuals with disabilities. 19. Public Comment that the ordinance should be revised to excluded those classes of entities that are already thoroughly regulated by state and federal law, such as the District. 20. Public Comment requesting that governmental entities that contract with the City be excluded. 11/4/2003 Public Meeting 1. Public Comment of highly supporting the passage of this ordinance by a person who stated that they had resented a document on accessibility to the City Council back in the late 1980's or early 1990's. 2. Public Comment of full support by CCISD for the rights of individuals with disabilities and compliance with the ADA law. 3. Public Comment that CCISD is currently conducting a comprehensive study of its facilities and plans to address accordingly; This proposed ordinance has been a benefit in that its highlighted the need to include an ADA accessment. 4. Public Comment of support for compliance under Title II of the ADA. 5. Public Comment on the applicability of this ordinance to the school district and the potential of additional litigation, costs and time expended in response to complaints and also the cost of complaints. 6. Public Comment that this ordinance is duplicative of Title II of the ADA and its enforcement, and therefore respectfully requests that the ordinance be amended to create an exception for governmental entities that have contracts with the City because Title If provides a comprehensive and sufficient avenue for enforcement. 7. Public Comment to applaud the CFPWD's and City's efforts in pursuing this ordinance, especially for private entities that may fall through the loop holes in the ADA. 8. Public Comment that unsure if we have not address the issue of Corpus Christi's tourism dollars that includes those coming from many older tourists. The aging population who are less able but do not consider themselves as having a "disability" - just older; Since the body slowly loses ability as it ages, they [aging population] need an accessible environment also. WORKING DRAFT 18 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 111412003- Public Meeting - Continued 9. Public Comment that this ordiance benefits not only citizens but tourists also. Continued 10. Public Comment to school districts and others that many parent do not know that the ordinance [existing Human Relations Ordinance on the books] does not cover "disabilities"; parents of children and those with disabilities know that the City's existing ordinance does not cover "disabili ' 11. Public Comment that although there's knowledge of the ADA, it has been 13 year - even the City is not in compliance yet. 12. Public Comment that the proposed ordinance needs to be done, it needs to show that Corpus Christi supports its disabled citizens. 11/20/2003 RTA Advisory Board 1. Public Comment of being a proud member of the Committee for Persons with Disabilities and is a favorite committee. 2. Public Comment to mention that the RTA Board of Directors had passed a resolution in support of the proposed ordinance. 3. Public Comment commending the part that the City has taken on the proposed ordinance. 4. Public Comment in acknowleding that transportation service issues are important to the City's Human Relations Director. 11/20/2003 Hard of Hearing Center's Consumer Board 1. Public Comment that the Human Relations presentation and ordinance were "singing to the choir". 2. Public Comment on the importance of program accessibility for children with hearing loss/impairments. 3. Public Comment on whether businesses are willing to adhere to accessibility. 4. Public Comment on the minimum number of employees (15) that a business must have in order to fall under the federal requirements of the ADA. 5. Public Comment about hiring persons with disabilities after the ADA was passed and possibly obtaining statistics. WORKING DRAFT 19 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 8/15/2003 Citizen Public Comment: Telge 1. Public Comment on if the City identifies staffing levels and budget implications for all ordinances. 2. Public Comment on if the City provides mechanisms to generate revenue to support appropriate staffing levels for other ordinances. 3. Public Comment that implementation of this ordinance, as all ordinances, should provide remedy and relief for the public, as well as protection. If implemented correctly, it would not pose unreasonable administrative or financial burden. 4. Suggested an annual budget for the City's Human Relations Department to implement this ordinance: One additional staff person,100% dedicated to ADA & Ordinance education, compliance b resolution - $60,000 Printing of notices, educational sheets, hand-outs - $20,000 Training of City staff - $10,000 Mediation Fees (market rate) - $20,000 $110,000 5. Pubic Comment offerring a scenario of compliance and also non-compliance of a Place of Public Accommodation that has a contract with the City. 6. Public Comment also offerring a draft remediation process to address a Place of Public Accommodation that has a contract with the City. 9/18/2003 Citizen Public Comment: Pursley 1. Public Comment on the definition of "City" versus "city". 2. Public Comment to make this ordinance a correct document to include all titles of the ADA. 3. Public Comment on what are the "areas" that need to be communicated to the community for areas of accessibility. 4. Public Comment about the "need" for the non-discrimination ordinance. 5. Public Comment about what laws are we [the City] enforcing: ADA, TAS, and Chapter 11. 6. Public Comment that when the City levies a fine, it is doing enforcement. WORKING DRAFT 20 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 9/18/2003 Citizen Public Comment: Pursley - Continued 7. Public Comment that the City needs to adopt a code that addresses accessibility. 8. Public Comment about what the City of Austin is doing on this ordinance. 9. Public Comment on how Austin is enforcing Title III of the ADA legally. 10. Public Comment about if there is a real need for the non-discrimination ordinance. 11.Public Comment of wanting to know what standards are used for enforcement. 12. Public Comment that the best standard is Chapter 11. 9/19/2003 Citizen Public Comment: McGovern 1. Public Comment to define the word "qualified" in Sec. 24-84 - Declaration of Policy. 2. In Sec. 24-84(b) on page 1, comment to add wording to the end of last sentence after "City": "in the most integrated setting". 3. Public Comment to add word "recreating" to list of major life activities. 4. Public Comment to add a new section after definitions as "Sec. 24-86" entitled "Requesting Reasonable Modifications or Accommodations" to discuss how the City will proceed and incorporate case law (Anderson) and the statute under 28CFR35. 5. Public Comment to add the wording "extra staff' to list under the definition of Qualified individual with a disability - after "practices". 6. Public Comment that the "readily achievable" test is not used in Title II - Public Entities but only Title III - Places of Public Accommodations; for CC and other cities, barrier removal is decided by the Program Access test (see 28CFR35.149,150). 7. Public Comment that under Communications, it imposes requirements for 911 systems too and it may be appropriate to reference that in Sec. 24-86 Communications. 8. Public Comment that Sec 24-89 on undue burden does not seem to describe the text. 9. Public Comment that there should be some discussion about the transition plan after Sec. 24-91 regarding identifying barriers and removal. WORKING DRAFT 21 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 9/19/2003 Citizen Public Comment. McGovern -Continued 10. Public Comment that under Sec. 24-92 on designated coordinator and grievance procedure that City departments with significant public contact such as Police, Parks & Rec and others shall designate one employee to coordinate departmental efforts to comply with this article. 11. Public Comment under the requirements to insure accessibility Sec.24-94(f) that if TAS has been certified by USDOJ as being equal to or more stringent than ADAAG, this section is okay. If not, then ADAAG should be reference too. 12. Public Commented that Sec.24-96 (g) is "good". 12/2/2003 American Institute of 1. Public Comment that this ordinance would be unfair to group private enterprise into a category that must and 12/3/03 Architects - CC Chapter comply with ALL of the same requirements that government entities do just because we do business with those entities; This ordinance is just another step in that direction. Commented against the proposed ordinance 2. Public Comment dated 12/02/03 of not being in favor of passage of this ordinance as written. 3. Public Comment that ordinances are supposed to improve/create a better situation for some citizens, but many times these ordinance have the opposite effect; They put up more barriers than they take down. 4. Public Comment that the ADA legislation has been in place over 10 years and has had a positive impact in many areas. However, in looking closely at the legislation, you will find that the term"Disability" has a broad meaning from both a physical and mental aspect. 5. Public Comment that the ADA legislation uses the term "accommodation" when it discusses how to address the various circumstances that existing facilities must address to accommodate various types of disabilities. 6. Public Comment of dealing with these issues daily as an architect and can testify first hand that this legislation has assisted a small group of folks with physical disabilities and a larger, broader group of mentally disabled people. 7. Public Comment that there is currently federal law in place that addresses the same issues and provides various means of remedies; and of the opinion that the city does not need another Ordinance that basically covers the same area; If passed, there would be another level of government added that will just increase the cost of operations. WORKING DRAFT 22 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 12/2&3/03 Architects' Comments - 8. Public Comment that if the city wants to pass an ordinance, it should take the issue back to the committee Continued and develop a more in dept approach and take away the many gray areas in the ordinance. EX: Current guidelines dealing with making buildings accessible for the physically handicapped are over 80 pages long and there are still many gray areas that come under interpretation each day. 9. Public Comment that if the city wants to do the right thing, then more work is required prior to any passage of an ordinance of this magnitude. 10. Public Comment the we understand the proposed ordinance to be an unnecessary piece of legislation due to the current stringent requirements by the state, federal and city. 11. Public Comment that the present legislation in place adequately covers the needs of persons with disabilities. 12. Public Comment that there are new IBC Building Code requirements and revised TX Dept. of Insurance Windstorm requirements now in effect and would be a consideration in adding additional requirements. 13. Public Comment hoping that the City Council will not adopt this ordinance since it would appear to be unnecessary in view of the voluminous ordinances and rules now in place. 1[7/2004 CFPWD Meeting with 1. Public Comment of suggested changes to the 01/0704 draft ordinance document to elaborate Sec. 24-101 to new 117/04 draft copy. indicate anyone may file a compliant not just a person with a disability; have as proactive not punitive. 2. Public Comment of suggesting that Sec. 24-98 to include tht the City promote "best practices'; showcase those going beyond (compliance]. 3. Public Comment of suggesting that mediation by a mediator outside of the City be added to Sec. 24-102 4. Public Comment of suggesting that Sec. 24-102 does not make reference to investigation only filing. 5. Public Comment about Sec. 24-104(C) as is equals a slap on the wrist; may include language on contracts and contract renewals. 6. Public Comment of having readily available ADA specifications for businesses and non -profits. 7. Public Comment of supporting the 01/07/04 draft document "as is" since existing statutues already covers other public entities]. 8. Public Comment of supporting the new draft in that it gives the City enforcement for private entities. 9. Public Comment of supporting the new draft as presented on 1/7/04 and that there is no need for a disclaimer [to Sec. 24-92]. WORKING DRAFT 23 of 24 2/5/2004 City of Corpus Christi Draft Summary of Public Input on Proposed Non -Discrimination Ordinance Working Document - Human Relations Department The proposed ordinance of non-discrimination, to amend the existing Human Relations Ordinance, was recommended to the City Council by the Committee for Persons with Disabilities (CFPWD), after resolutions of support by the CFPWD and the Corpus Christi Human Relations Commission. This summary represents public comments received through interested citizens and organizations/associations, which had different levels of knowledge of accessibility guidelines and how to address issues for persons with disabilities. DATE SOURCE OF INPUT PUBLIC INPUT 1/7/2004 CFPWD Meeting with new 117/04 draft copy. 10. Public Comment regarding the issue of Latchkey, both the City and school CCISD are required not to discriminate, do so by negotiated contract and not under the umbrella of the proposed ordinance - additional layer. 11. Public Comment about discrimination not just physical barriers, there already exists Title II of the ADA. 12. Public Comment that adding a disclaimer [to Sec 24-92] on top of ADA would be burdensome. 13. Public Comment acknowledging State laws and Texas Accessibility Standards (TAS) before the ADA. 14. Public Comment that if the laws on the books were properly enforced, such as ADA and TAS, then do not need to have an additional ordinance. 15. Public Comment that if the TAS, ADA and this ordinance were side-by-side, 90% of most paragraphs in the ordinance are already in existing laws; some not such as enforcement and education, as needed. 16. Public Comment that the document should address enforcement of the City's own. 17. Public Comment about enforcement needs the right type of person, one who knows what they are doing. 18. Public Comment about what to do if there should be written conflicts between this ordinance and the ADA. 19. Public Comment of wanting the updated document of 1/7/04 on the City's website. 20. Public Comment of about the need to monitor the assessment of fines and report on levied fines; concern for small businesses versus larger businesses; fairly. 21. Public Comment of day-to-day work on sport league facilities done by volunteers but 95% of building belong to the City, and now the [leagues] have to do ADA. 22. Public Comment of maybe the City should help the youth leagues with accessibility since they [leagues] do not have much money. 23. Public Comment that just kids need accessibility, but so do parents with disabilities who are wanting to attend the sports. 24. Public Comment of wanting the City to make suggestions for compliance [to the sports leagues]. 25. Public Comment on Sec. 24-102 and the word "investigation" to possibly drop from the section title. 26. Public Comment on Sec. 24-102 (a) to clarify "person" is person or entity. WORKING DRAFT 24 of 24 2/5/2004 ATTACHMENT IV Survey of Other Cities ADA NON DISCRIMINATION ORDINANCE SURVEY SUMMARY OF TOP 25 CITIES BY SIZE AND POPULATION QUESTION POSED: DO YOU HAVE A NDO THAT ADDRESSES -ADA AND DISABILITY RELATED ISSUES? QUESTION POSED: DO YOU HAVE CONTRACT LANGUAGE TO ENSURE ADA COMPLIANCE BY CONTRACTORS? NOTE: BEGAN INITIAL CALLS TO CITIES ON JULY 17, 2003 AND CONTINUED WITH FOLLOW-UP CALLS C/Ty TOP CITY RANKING ORDINANCE New York, NY 1 Unknown RESPONSE Left message. Responsependin . CITy TOP CITY RANKING I ORDINANCE Los Angels, CA 2 YES RESPONSE Ordinances in CRY Charter, under Admin. Code, Div. 8, Chap. 20 1. The City has some ordinances and coverage in this area. 2. They have contract provision in all city contracts about non-discrimination and the requirement to adhere to ADA. 3. The City has building and safety review Ian checks and inspections for compliance with CA state(Title 24 Code Enforcement, which is stricter than ADA. 4. ADA compliance was made through funding by the General Fund. 5. Now the annual budget sets aside funding for "Additional ADA Work" as identified. CITY TOP CITY RANKING ORDINANCE Chicago, IL 3 YES RESPONSE 1. Human Rights Ordinance established in 1988 covering Fair Housing, Public Accommodation and Employment. There are 13 other areas resently covered by ADA related ordinances or policies. 2. Additionally, ADA/rive III compliance language is in numerous location, they review all new construction plans and advise on remodeling or modifications. 3. Contract Compliance - Yes, they have language in contracts requiring ADA compliance. Revised: 11-25-03 ADA NON DISCRIMINATION ORDINANCE SURVEY SUMMARY OF TOP 25 CITIES BY SIZE AND POPULATION CITY TOP CITY RANKING ORDINANCE Houston, TX 4 NO - USE CITY POLICIES RESPONSE 1. A City Policy (Policy Number 114), rather than an ordinance that covers employment only. 2. They have an Affirmative Action Office, that also addresses employment, EEO, and ADA training. 3. However, they created the Office of Inspector General, where discrimination complaints are referred. 4. Pending return call from Manager of Contracts Section of City Legal Department regarding Contract Language. CITY TOP CITY RANKING ORDINANCE Philadel ha, PA 5 YES RESPONSE 1. They have an ordinance that addresses Employment, Fair Housing, Public Accommodation, Programs/Services/Activities, Building Code - Disability Review Committee who work with the Zoning Board, etc. 2. They have the Philadelphia Fair Practices Ordinance, which is enforced by the Philadelphia Human Relations Commission. 3. in addition to the Human Relations Department, they have an ADA Coordinator, a Cit Accessibility Compliance Office, and a Mayor's Committee for Persons with Disabilities. 4. Many overlapping ordinances and/or executive orders, etc. pertaining to ADA related issues. CITY TOP CITY RANKING ORDINANCE Phoenix, AZ 6 YES RESPONSE 1. They do have Human Relations ordinances. Disability is inclusive. Additionally, me City Manager has issued letters and regulations for internal processes, etc. They do consider undue burden factors. 2. They do not address ADA or Title III complaints, they are referred to the DOJ. 3. They do take fair housing and em to ment corn laints. They do comply with Title II and contracts ensure compliance. 4. Their building code is stricter than ADAAG. 5. They have a strong advocacy community, which has resulted in alternate formats of communication and information b each department, inclusive of, but not limited to use of sin language, interpreters, braille, large print, etc. 6. There is an internal ADA Title I complaint process. 7. The City of Phoenix has a full time employeedicated to handlingrequests for information to be provided in braille and/or alternate formats. 8. They have develo a "Disability Resource Pool" of various individuals who may or may not have cross disabilities, but who have experience or expertise with cross disabilities. They are called in to assist with reviews, obtain input on various ideas, projects, etc. They are utilized for training purposes. Revised: 11-2503 ADA NONDISCRIMINATION ORDINANCE SURVEY SUMMARY OF TOP 25 CITIES BY SIZE AND POPULATION CITY TOP CITY RANKING I ORDINANCE San Diego, CA 7 NO - USE ADM. REGS / POLICIES RESPONSE 1. They have Administrative Regulationsklicies pertaining to public accommodation and programs/services/activities regarding accessibility. They have a Disabilities Services Department. They conduct reviews. 2. Federal and State compliance language in contracts. They have their own section on ADA Compliance in contracts. They require completion of certification of com liance forms and they have similar fomes for all City leases, etc. CITY TOP CITY RANKING ORDINANCE Dallas, TX 8 UNKNOWN RESPONSE Left Message. Respoonse pending. CITY TOP CITY RANKING ORDINANCE San Antonio, TX 9 NO - NOT SEPARATE ORD. RESPONSE 1. They have incorporated ADA into their Code of Ordinances under the Building Code, Health Code, and sidewalk/ physical barrier issues. 2. They had looked at implementing an ordinance and had started to do it mirroring Austin's , but at the last minute the said, no. The said this is alreadya law. 3. They include ADA compliance language in contracts. They always include language of compliance with federal, state and local laws. Leases have verbiage on lessor responsibilities for compliance with ADA guidelines. The use boiler ate language. 4. They do consider reasonable accommodations. CITY TOP CITY RANKING ORDINANCE Detroit, MI 10 UNKNOWN RESPONSE Left Message. No res 9 rise - pending. Revised: 11-75-03 3 ADA NON DISCRIMINATION ORDINANCE SURVEY SUMMARY OF TOP 25 CITIES BY SIZE AND POPULATION CITY TOP CITY RANKING ORDINANCE San Jose, CA 11 YES RESPONSE 1. Yes the City has a non-discrimination ordinance. 2. There is no policy or ordinance on third Deny cerltraclors. 3. They do have a Human Relations policy, whichaddressed Title VII, Disability, Em to ment, Fair Housingand Public Accommodation. 4. The Council adopted a policy on City services, programs and activities to not discriminate against persons with disabilities. CITY TOP CITY RANKING ORDINANCE Indianapolis, IN 12 YES RESPONSE 1. Language throughout their ordinance discussin I non-discrimination in various places, including contracts, construction, employment, purchases, etc. CITY TOP CITY RANKING ORDINANCE San Francisco, CA 13 YES RESPONSE 1. They have numerous non-discrimination laws, but they just adopted the ADA. 2. Their State Law is more comprehensive than ADA, and that is the governing one that is used. 3. They definitely include disability verbiage in their contracts. 4. Their enforcement is largely complaint driven. CITY TOP CITY RANKING L ORDINANCE Jacksonville, FL 14 YES - LIMITED ORDINANCE RESPONSE 1. There is a provision under the ordinance of a 90 day warning, then it is $100.00 per day after that. Ordinance 2002-889 2. They have an ordinance that requires all existing businesses must have accessiblearkin and an accessible route to facilities and services. 3. Florida's Building Code is more stringent, at least parallel or more than ADA. 4. one of the latest ADA stepstupdates the City did was to purchase a braille embosser - now they can provide information in an alternate format instantaneous) . This is of tremendous benefit to them, they got tired of having to outsource it and the lengthly time delays. 5. They mainly follow state laws. Revised: 11-25-03 4 ADA NON DISCRIMINATION ORDINANCE SURVEY SUMMARY OF TOP 25 CITIES BY SIZE AND POPULATION CRY TOP CITY RANKING ORDINANCE Columbus, OH 15 UNKNOWN RESPONSE Left message. Return call and left message. Response pending. CRY TOP CITY RANKING ORDINANCE Austin, TX 16 YES RESPONSE 1. Corpus Christi utilized their ordinance to develop draft. 2. Mr. Ramos and Ms. Taylor -Butler went to Austin and met with various City represent ives regarding their ADA Ordinance and enforcement. 3. The City of Austin's NDO was re -ADA. 4. They do have contract language and contract assurance for ADA compliance. 5. Annual mandatory meeting with Contractors to review contract compliance requirements. 6. They don't go out into the community - it is complaint driven. No formal complaints any inquiries. CITY TOP CITY RANKING I ORDINANCE Baltimore, MD 17 YES - NOT SEPARATE RESPONSE 1. They do not have a separate ordinance for ADA related issues - it is all encom assin . 2. Housing - there is not a separate ordinance. 3. Address Public Accommodation by enforcement and investigations, and penaltlestremedles are accessed by H.R. Comm. 4. Language in contracts - no. The ordinance is standard - covers age, sex, race, disabilities, and sexual orientation. 5. No certificate of assurances. No different ste s in monitoring - just usual for all contracts. CRY TOP CRY RANKING ORDINANCE Memphis, TN 18 NO - USE CITY POLICIES RESPONSE 1. They have a 221i2x for em to ees, under Title 1 and Title II, and are now in therocess of creatinga Transition Plan to address Title II. Revised: 11-25-03 ADA NONDISCRIMINATION ORDINANCE SURVEY SUMMARY OF TOP 25 CITIES BY SIZE AND POPULATION CITY TOP CITY RANKING ORDINANCE Milwaukee, WI 19 YES RESPONSE 1. The City's Ordinance is - Ordinance Section 109-9 of the City's Code of Ordinances. 2. Many separate areas, and they dont overlap. There is a City ADA Coordinator. 3. Contracts are overseen by Purchasing/Procurement Administration. 4. The City has an ADA Policy and they just worked on a new Diversity, Affirmative Action and EEO Ordinance. 5. The contract verbiaga has just been revised. CITY TOP CITY RANKING ORDINANCE Boston, MA 20 YES RESPONSE 1. They have a Human Rights Ordinance that covers 13 areas. 2. City's HR Ord. 2.76 H.R. Ordinance - number of sections. Section 2.76100 - Covenant for new contracts. 3. There is enforcement with the HR Commission and there are penafties. 4. Primarily complaint driven; Purchasing Dept. monitors contracts that covenant language is there. 5. Fairly well established in Civil Rights Laws - complaint driven. Federal ADA - U.S. DOJ doesn't go out to all businesses - its complaint driven. To expect or imply the responsibility with inspection of everyone is not realistic. Consider DOJ. 6. In the process of proposing an ordinance re: removal of physical bartiers when readily achievable. CITY TOP CITY RANKING ORDINANCE Washington, DC 21 UNKNOWN RESPONSE Called -left messy eesponse Dendin . CITY TOP CITY RANKING ORDINANCE Nashville -Davidson, TN 22 UNKNOWN RESPONSE Called - left message. Response pending. Revised: 11.25-03 ADA NON DISCRIMINATION ORDINANCE SURVEY SUMMARY OF TOP 25 CITIES BY SIZE AND POPULATION CITY TOP CITY RANKING ORDINANCE EI Paso, TX 23 UNKNOWN RESPONSE Called - left message. Res onse ndin . CITY TOP CITY RANKING ORDINANCE Seattle, WA 24 1 NO - USE CLEAR ADA POLICIES RESPONSE 1. They comply with ADA and there are clear Policies. 2. They have a unique department that provides services to specialized populations for the whole community. 3. City's Park and Recreation Department - Title II addressed. 4. They are being careful to ensure meeting and/or exceeding ADA. 5. Pending return call from the Office of Civil Rights and Legal Department. CITY TOP CITY RANKING ORDINANCE Denver, CO 25 NO RESPONSE 1. They do not have a special ordinance. They address it b Title II of the ADA. 2. The have a Contract's Compliance Officer who does monitor -some of it is complaint driven. All contracts include standard boiler plate language, in exam le:"must comply with Federal, State and Local Laws". Facilities are in compliance. When they contract with anyone, they must be in compliance in programs, food, services, etc. Section 504 is included). 3. They recently revised various Court ordered programstservices to be accessible, in example: Court Ordered Therapy, Driver's Education Program, to comply with provision of services, altemate formats, etc. Mostagencies are federal) funded so they must comply anyway. 4. They have accommodations for services with the Police Department and Municipal Courts. Revised: 11-25-03 AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 24, HUMAN RELATIONS, BY ADDING ARTICLE V, DISCRIMINATION AGAINST INDWIDUALS WITH DISABILITIES, ESTABLISHING PROCEDURE AND IMPLEMENTATION; PROVIDING PUBLICATION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi, Chapter 24, Human Relations is amended by adding Article V, Discrimination Against An Individual With A Disability to read as follows: ARTICLE V: DISCRIMINATION AGAINST AN INDiVIDUAL WITH A DISABILITY Sec. 24-84 Declaration of Policy (a) It is hereby declared to be the policy of the City to bring about through fair, orderly and lawful procedures, that no qualified individual with disability .~hall, on the ba~qig of such disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity operated or contracted for by the City. It is further declared that such policy is established upon the recognition of the inalienable fights of each qualified individual with a disability to participate fully and receive the benefits of, all programs and activities of the City. (c) It is further recognized that the denial of such rights through considerations based on disability is detrimental to the health, safety and welfare of the inhahitantg of the City and constitutes an unjust denial or deprivation of such inalienable rights which is within the power and responsibility of government authority to prevent. Sec. 24-85 Def'mifions For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning. Auxiliar~ Aid includes: Services or devices as qualified interpreters, assistive listening headsets, television captioning and decoders, telecommunications devices for deaf persons (TDD's), videotext displays, readers, texts on tape, materials in braille, and large print materials. This list is not exclusive and functional equivalents may be substituted for any auxiliary aid. Cit~ Manager means the City Manager of Corpus Christi or his/her designee. CFPWD Non-Discrimination Ordinance 1 Director means the Director of the Human Relations Department or his/her designee. Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. (1) Physical or mental impairment means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; mnsculoskeletal; special sense organs; respiratory (including speech organs) cardiovascular; reproductive, digestive; genitourinary; hemic and lymphatic; skin; and endocrine. Mental impairment also includes any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (2) Ma/or life activities means functions such as caring for one's selfi performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and work'mg. (3) Has a record qf such impairment means a history of, or has been misclassified as having a mental or physical impairment that substantially limits one or more maior life activities. (4) Is regarded as having an impairment means has a physical or mental impairment that does not substantially limit major life activities but that is treated by another as constituting such limitation. Being regarded as having an impairment also means has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or has none of the impairments defined above but is treated by others as having such an impairment. Discrimination means any direct or indirect exclusions, distinctions, segregation, limitation, refusal, denial, or any other differentiation in the treatment of an individual or individuals with disabilities on account of a disability. Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property. Financial assistance means any grant, loan, contract (other than procurement contract or a contract of insurance or guaranty), or any other arrangement by which the City provides or otherwise makes available assistance in the form off funds; services of City personnel; or real or personal property or any interest in or use of such property, including transfers or leases of such property for less than CFPWD Non-Disc~ination Ordinance 2 fair market value or for reduced consideration; and proceeds fxom a subsequent transfer or lease of such property if the City share of its fair market value is not returned to the City. Person with disabilities means any person who has a disability as defined in "disability' above. Oual!fied individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements of the receipt of services or the participation in programs or activities provided by the City, or entities using City facilities. Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense. Determining if barrier removal is readily achievable is, by necessity, a case-by-case judgment. Factors to consider include: (1) The nature and cost of the action; (2) The overall financial resources of the site or sites involved; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements necessary for safe operation, including crime prevention measures; or any other impact of the action on the operation of the site; (3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity; (4) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and (5) If applicable, the type of operation or operations of any Parent Corporation or entity, including the composition, structure, and functions of the workforce of the Parent Corporation or entity. Sec. 24-86 Communications The City shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. (1) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enioy the benefits of, a service, program, or activity conducted by the City. CFPWD Non-Discrimination Ordinance 3 Co) (2) In determining what type of auxiliary aid and service is necessary, the City shall give primary consideration to the requests of the individuals with disabilities. The City and its contractors in considering reasonable accommodations must provide auxiliary aids and services when they are necessary to ensure effective communication with individuals with hearing, vision, or speech impairments. Auxiliary aids that would result in an undue burden or in a fundamental alteration in the nature of the goods or services are not required by the regulation. Sec. 24-87 Prohibited Practices The City in providing any aid, benefit, or service shall not, directly or through contractual, licensing, or other arrangements, on the basis of disability ¢i) Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service. (2) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (3) Provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement that provided to others; (4) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others; (5) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to any agency, organization, or person that discriminates on the basis of disability in provid'mg any aid, benefit, or service to beneficiaries of the City's programs; (6) Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards and commissions; (7) Otherwise limit a qualified individual with a disability in the enjoyment of any fight, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit, or service. CFPWD Non-Discrimination Ordinance 4 The City shall not deny a qualified individual with a disability the opportunity to participate in services, programs, or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities. The City shall not, directly or through contractual or other arrangement, utilize criteria or methods of administration that: (1) Have the effect of subjecting a qualified individual with a disability to discrimination on the basis of such disability; (2) Have the purpose or effect of defeating or substantially impairing, accomplishment of the objectives of the City's program with respect to individuals with disabilities. In determining the site or location ofa facihty, the City and its contractors shall not make selections that: (2) Have the effect of excluding individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity; or Have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the service, program or activity with respect to individuals with disabilities. The City shall not administer a financial assistance program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of such disability, nor may the City provide fmancial assistance to programs or activities that subject qualified individuals with disabilities to discrimination on the basis of such dinahility. (fl The aid, benefit, or service provided under a program or activity receiving or benefiting from City financial assistance includes any aid, benefit, or service provided in or through a facility that has been constructed, expanded, altered, leased or rented, or otherwise acquired, in whole or part, with City funds. Sec. 24-88 Personal Devices and Services Nothing required in this Ordinance is to include, or be construed to include, a requirement that the City provide to individuals with disabilities personal devices, such as wheelchairs, individually prescribed devices, such as prescription eyeglp~qnas or hearing aids; readers for personal use of stud~ or services of a personal nature including assistance in eating toilefing CFPWD Non-Discrimination Ordinance or dressing. Nothing in this Ordinance is to be construed as a requirement that a City service be fundamentally altered. Sec. 24-89 Undue Burden of Applicants for Contractual Financial Assistance Integration of individuals with disabilities into the mainstream of society is fundamental to the purposes of the Americans with Disabilities Act. Companies providing goods and services to the public need to take certain limited steps to improve access to existing places of business. This mandate includes the obligation to remove barriers from existing buildinEs when it is readily achievable to do so. Readily achievable means easily accomplishable and able to be carded out without much difficulty or expense. Removing ban'iers by constructing a curb ramp, widening an entrance door, installing visual alarms, or designating an accessible parking space is ot'ten essential to ensure equal opportunity for people with disabilities. Because removing these and other common barriers can be simple and inexpensive in some cases and difficult and costly in others, therefore a flexible approach to compliance should be practical. A business or other private entity that serves the public must ensure equal opportunity for people with disabilities. The requirement to remove barriers in existing buildings applies only to a private entity that owns, leases, leases to or operates a place of public accommodation. Further, barriers must be removed only where it is readily achievable to do so. Readily achievable means easily accomplishable and able to be carded out without much difficulty or expense. A public accommodation must provide auxiliary aids and services when they are necessary to ensure effective communication with individuals with hearing, vision, or speech impairments. Auxiliary aids that would result in an undue burden or in a fimdamental alteration in the nature of the goods or services are not required by the regulation. If your business provides goods and services to the public, you are required to remove bah'lets if doing so is readily achievable. Such a business is called a public accommodation because it serves the public. If your business is not open to the public but is only a place of employment like a warehouse or manufacturing facility, then there is no requirement to remove barriers. Such a facility is called a commercial facility. While the operator of a commercial facility is not required to remove barriers in existing facilities, you must comply with the ADA Standards for Accessible Design when you alter, renovate or expand your facility. Sec. 24-90 Affidavit of Compliance by Applicants for Contractual Financial Assistance An applicant for contractual financial assistance from the City, other than procurement contract or a contract of insurance or guaranty, shall submit an assurance of compliance, CFPWD Non-Discrimination Ordinance on a form specified by the Director, that the program will be operated in compliance with thia chapter. An applicant may incorporate this assurance by reference in subsequent applications to the City. Sec. 24-91 Ci~, to Evaluate Itself Annually (a) The City shall annually: (1) Evaluate, with the assistance of interested persons, including people with disabilities or organizations representing persons with disabilities, its current policies and practices and the effects thereof that do not or may not meet the requirements of this article; (2) Modify, after consultation with interested persons, including persons with disabilities or organizations representing persons with disabilities, any policies that do not meet the requirements of this article; and (3) Take, after consultation with interested persons, including persons with disabilities or organizations representing persons with disabilities, appropriate remedial steps to eliminate the effects of any discrimination that result fi:om adherence to these policies and practices. (b) The City shall maintain on file and make available for public inspection: (1) A list of the interested persons consulted; (2) A description of areas examined and any problems identified; and (3) A description of any modifications made and of any remedial steps taken. Sec. 24-92 (a) (b) City Adoption of Designated Coordinator and Grievance Procedure The City shall designate at least one person to coordinate its efforts to comply with this article. The City shall adopt grievance procedures that incorporate appropriate due process standards and that provide the prompt and equitable resolution of eomplalnta alleging any action prohibited by this article. CFPWD Non-Discrimination Ordinance 7 Sec. 24-93 City's Non-Discrimination Notice regarding Individuals with Disabilities The City shall take appropriate and continuing steps to notify participants, beneficiaries, employees, or applicants, including those with impaired vision or hearing, and unions or professional organizations holding professional agreements with the City that it does not discriminate on the basis of disability. The notification shall state, where appropriate, that the City does not discriminate on the basis of disability. The notification shall also include an identification of the person and department responsible for investigating complaints of discrimination. If the City publishes or uses materials or publications containing general information that it makes available to participants, beneficiaries, employees, or applicants, it shall include in those materials or publications a statement of the policy described in subsection (a) above. Sec.24-94 Requirements to Insure Accessibility No qualified individual with a disability shall, because of inaccessibility to or unusability of the City or its contractors, facilities, be denied the benefits of, be excluded from participation in, or othem4se be subiected to discrimination under any program or activity to which this section applies. Co) The City and its contractors shall operate each program or activity to which this section applies so that the program or activity, when viewed in its entirety, is readily accessible to individuals with disabilities. This subsection does not require that ever~ existing facihty or every part of a facility be made accessible to and usable by persons with disabilities. Procedures will be adopted and implemented to ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of services, activities, and facilities that are accessible to and (d) usable by persons with disabilities. Each facility or part of a facility constructed by, on behalf of, or for the use of the City or its contractors shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by persons with disabilities in compliance with ADA and regulator~ standards. Each facility or part of a facility which is altered by, on behalf of, or for the use of the City or its contractors in a manner that affects or could affect the usability of the CFPWD Non-Disc~ination Ordinance 8 facility or part of the facility is readily accessible to and usable by persons wi~h disabilities. Design, construction, or alteration of facilities in conformance with Texa~q Accessibility Standards of the Architectural Barriers Act, Article 9102, Texas Civil Statutes shall constitute compliance with this section. Sec. 24-95 Administration As a means of implementing and enforcing this article, the Director will serve as the City's focal point for coordinating the implementation this article as well as coordinating the implementation of any relevant new and existing laws and ordinances. The Director will have the following responsibilities: (a) Coordinate the investigation and/or conciliation procedure outlined in Sec. 24-97 and assist in resolving grievances to assure prompt solutions; Prepare and disseminate information regarding disability rights to the public, City departments, and community agencies; Research administrative policies and procedures to identify for City management~ modifications required for accessibility to individuals with disabilities; (d) Monitor City activities related to individuals with disabilities and conduct periodic, compliance reviews to assure that all City departments are providing services that are accessible to individuals with disabilities; Recommend training programs for various groups of the City organization in which accessibility and employment related needs are provided to assure that all City services are available to the disability community; Provide technical assistance and consultation to all City departments in areas related to accessibility as defined by law; and, Assist in the development of long-range planning activities to accompli.qh compliance. See. 24-96 General Enforcement Guidelines Any individual who believes that he/she has been discriminated against because of his/her disability may file with the Director a request to have the Director investigate and/or mediate Ms/her complaint. CFPWD Non-Discrimination Ordinance Co) (d) Nothing in this article shall create a civil cause of action for damages against the City or preclude any aggrieved person from seeking any other remedy provided by law. Nothing herein shall authorize criminal enforcement of this article against the City or its agents, employees, and officials. Filing a complaint with the Director is not a prerequisite or a bar to the filing of some other legal complaint or to the pursuit of any other remedy provided by law. The pendency of a complaint before the Director shall not bar any aggrieved party from seeking civil action, but a final judgment in any civil action shall bar any further investigation of a pending complaint on the same alleged act of discrimination. In connection with any investigation of a charge filed under this article, the Director or designated investigator shall at all reasonable times have access to, for the purposes of examination and the right to copy, any evidence of any person being investigated or proceeded against that relates to the charge under investigation and is not privileged as provided by law. No person shall knowingly, intentionally or recklessly obstruct, or prevent compliance with this azl/cle or hinder or interfere with the performanne of the proper exercise of a duty, obligation, right or power of the Human Relations Department or its representative, or other officials with duties, obligations, rights and powers established by ordinance. Where appropriate and not in violation of conflicts of interest or other ethical roles of the State Bar of Texas, the City Attorney shall assign counsel to assist the Human Relations Department in the performance of its functions. The City Manager shall make such other administrative arrangements as are normal and necessary for the functioning of the Human Relations Department. Sec. 24-97 Filing/Investigation under Grievance on Accessibility City Policy G-7 The City of Corpus Christi strives to provide quality customer service to all persons, regardless of race, color, religion, age, gender or disability. In the event any individual with a disability has a complaint regarding accessing City services, pmgrams or activities, the City of Corpus Christi has formulated a policy as a Title II Entity under the Americans with Disabilities Act (ADA) to address such issues. (a) Any person who claims to have been injured by an activity prohibited by this article may file a complaint with the Director of Human Relations. Such complaints will be in the form established by the Director and shall identif~ the person(s) alleged to have committed or alleged to be committing a discriminatory practice are based. In CFPWD Non-Discrimination Ordinance 10 lb) situations where the grievant's disability requires assistance to submit a complaint, the Director will make reasonable effort to assist the person in filing a complaint. The City shall provide complaint forms and furnish them without charge to any person, upon request. All complaints must be filed within 180 days following the occurrence of an alleged discriminatory practice. As soon as practicable, but no more than 15 calendar days, the Director will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after meeting with the Complainant the Director 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 and offer options for substantive resolution of the complaint. If the response by the Director does not satisfactorily resolve the issue the complainant may appeal the Director's decision to the City Manager. Such an appeal must be filed within 15 calendar days after receipt of the response. Within 15 calendar days 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 formal complaints received by the Director, the responses to the complaints and the record of appeals to the Human Relations Commission, shall be retained by the City of Corpus Christi for at least three years. Sec. 24-98 Filing/Investigation Places of Public Accommodation Procedure (a) Upon the filing or referral of a complaint as herein provided, the Director shall cause to be made a prompt and full investigation of the matter stated in the complaint. Provided, however, that before any charge becomes accepted for investigative purposes the Director shall have personally reviewed with the charging party the allegations contained therein and shall have determined that said complaint comes within the provisions of this article. In the event such review results in the lb) determination that the charge does not come within the provisions of the article, the charging party shall be given a clear and concise explanation of the reasons why the complaint fails to come within the ordinance. All complaints filed under this Section will proceed in accordance with the procedures set forth in City Policy G-7; except: (1) All determinations of the Director to whether discrimination occurred shall CFPWD Non-Discrimination Ordinance 11 be made as promptly as possible or no later than thel00th day after the date the complaint is filed, or if unable to complete the investigation within the 100-day period, the Director shall notify the complainant and the respondent in writing of the reasons for delay. Appeals of the Director's decision will be to the Corpus Christi Hnman Relations Commission. Such an appeal must be filed within 15 calendar days of the receipt of the Director's decision. The Human Relations Commission will conduct a hearing on the appeal during the next available meeting. Complainants, and Respondents will have the right to appear in person to explain their respective positions to the Commission. See. 24-99 Retaliation or Coercion (a) The City and its contractors shall not discriminate against any individual because that individual has opposed any act or practice made unlawful by this article, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this article or the Americans with Disabilities Act of 1990. Co) The City and its contractors shall not coerce, intimidate, threaten, or interfere with an? individual in the exercise or eniownent of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individ,al in the exercise or eniownent of, any right granted or protected by this article or the Americans with Disabilities Act of 1990. Sec. 24-100 Remedial and/or Voluntary Action If the outcome of the investigation process under Sec. 24-97 finds that a City program or activity has discriminated against persons on the basis of disability in violation of this article, the responsible program area shall take such remedial and/or voluntary action(s) as may be appropriate and necessary to rectify the problem. (b) All appeals of a grievance will follow established appeal procedures through the City grievance accessibility procedure for program participants/citizens. Where a City program or activity is found to have discriminated against an individual on the basis of disability and where a contractor of a program area has discriminated, the City Manager mag require either or both Parties to take appropriate action to rectify the problem. CFPWD Non-Discrimination Ordinance 12 (d) The City Manager may, where necessary to overcome the effects of discrimination, require a City program or activiW to take corrective action that may include actions: (1) With respect to an individual with a disability who no longer participates in the City's programs but who were participants in the program when such discrimination occurred; or (2) With respect to an individual with a disability who would have been a participant in the program had the discrimination not occurred. (3) The City may take steps, in addition to any action that is required by this article, to overcome the effects of conditions that resulted in limited participation in the City's program or activity by qualified persons with disabilities. If the outcome of the investigation process under Sec. 24-98 finds that a place of public accommodations has discriminated against persons on the basis of disability in violation of this article, the person(s) violating shall be pun/shed by a fine of no less than two hundred filly dollars ($ 250.00) nor mom than the maximum provided in section 1-6 of the Code of Ordinances of the City of Corpus Christi (''City Code"). Violations of Section 24-22(a) of Article 1I may be forwarded to the appropriate governmental body to enforce such conduct to the extent and manner prescribed by state law. Sec. 24-101 Status Reports to the City Council Annually after passage of this article, the Director shall submit to the City Council a status report on the implementation of this article. SECTION 2. 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 rome and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in this ordinance and in Sec. 1-6 Code of Ordinances. CFPWD Non-Discrimination Ordinance 13 That the foregoing ordinance was read for the first time and passed to its second reading on this the __ Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly day of ,2003, by the following vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly day of ,2003, by the following vote Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott PASSED AND APPROVED, this the __ day of ,2003. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City SecretaW Samuel L. Neal, Jr. Mayor Approved as to legal form this the t/rp~ dayof ,2003; By: Joseph H~'ney Assistant City Attorney For City Attorney CFPWD Non-Discrimination Ordinance 14 City of Corpus Christi Proposed Ordinance on Disability Non=Discrimination February 10, 2004 • Seek more public input from potentially impacted parties and interested organizations/associations. • Seek more information from other cities. • Seek City of Austin's experience, whose ordinance was used as a model by the Committee for Persons with Disabilities. • Report on the "unknown" issues. • Further assess the necessary resources and implementation of the ordinance if approved. • Provide funding option(s) if approved for implementation. City of Corpus Christi 1 • The Committee for Persons with Disabilities held four monthly public meetings between August 2003 and November 2003. The City posted notices in the CC Caller - Times newspaper and on the City's website. • The proposed ordinance was available for viewing at City Hall, the City public libraries and on the City's website. City Staff contacted twenty-nine associations/organizations, of which 19 were able to meet for discussion. • The associations/organizations were invited back to learn of recent revisions to the draft ordinance on January 7, 2004. • Approximately 388 public comments were received. There was general support of not discriminating against persons with disabilities. However on the proposed ordinance itself, there were comments of both support and opposition. City of Corpus Christi 2 • The top 25 U.S. cities, based on population, were contacted. • Survey results reflect how each city responded to the questions of: (1) "Does your city have a non-discrimination ordinance that addresses ADA and disability related issues?"and (2) Does your city have contract language to ensure ADA compliance by contractors?" • Of the 25 cities contacted: 12 Cities responded in the affirmative, whether having a separate ordinance, having multiple ordinances, or contract language provision(s) for accessibility. 6 Cities responded that they did not have this type of ordinance; and 7 Cities did not return a response. City of Corpus Christi 3 • The City of Austin, Texas adopted its disability non- discrimination ordinance before the ADA law was enacted. • In addition to the non-discrimination ordinance, the City of Austin, TX includes contract language and contract assurance for ADA compliance by contractors. • The ADA Coordinator conducts annual meetings on contract compliance requirements. These meetings are mandatory for contractors' attendance. • The City of Austin addresses non-compliance issues through complaints. Since it is complaint driven, the City of Austin does not physically seek non-compliant contractors within its community. • The ADA Coordinator responded that the City of Austin has not experienced any formal complaints under Austin's ordinance - only inquiries. City of Corpus Christi 4 • It is unknown which businesses and entities would comply with accessibility requirements. The City would obtain assurances of compliance from those parties receiving "financial assistance" as redefined in the proposed ordinance. • The potential costs to businesses and entities to improve accessibility and compliance could be determined through individual assessments for accessibility compliance and those related costs, on a case-by-case basis. • Another unknown is the volume of inquiries/complaints, based on disability, for local investigations and enforcement. • Also unknown are the potential liability costs and possible litigation costs to complainants and respondents, including the City, as there is no local historical experience to base a projection or trend. City of Corpus Christi 5 • The proposed ordinance would amend the existing Human Relations Ordinance, # 023411, and would be administered by the Human Relations Department. • The projected resources to begin implementation of the proposed ordinance amendment would initially consist of two additional staff in the Human Relations Department, currently estimated at $63,244 annually for one Compliance Officer and one Staff Assistant. • The recommended funding source of these estimated initial implementation costs is the General Fund. City of Corpus Christi 6 How Would:.thc Propos , OrcJ,' . "auce ,be.,,Admi iste)red W.0 'Provi a Acces0 ty. Through local education, investigations of complaints and monitoring of contracts/agreements for compliance within public facilities, services, programs and activities by the City and those operating such on behalf of the City. Investigations and reviews for compliance would be complaint -driven. City of Corpus Christi 7 Through the efforts of both the CFPWD and City Staff, the ordinance has been revised into a more understandable document. The revised document addresses some of the public's comments and input, such as: • Incorporating language to clarify the City's jurisdiction in applying/enforcing this ordinance. • Establishing parameters for measuring accessibility. • Resolving areas of possible interpretation conflicts. • Redefining "Financial Assistance" to remove broad interpretation. • Reformatting the document to more clearly reflect which provisions applies to the City versus the public businesses. • Clarifying that this ordinance is for cross -disabilities. • Establishes discretion in assessing penalties for non-compliance. City of Corpus Christi 8 For More Information: Human Relations Department (361) 880-3190