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Agenda Packet City Council - 08/28/2007
CITY COUNCIL AGENDA AUGUST 28, 2007 Corpus Christi All - America Cit]I 11:45 A.M. - Swearing -in ceremony of newly appointed Municipal Court Judges Proclamation declaring August 28, 2007 as "Corpus Christi International Airport Sky Caps Appreciation Day! Commendations: Corpus Christi International Airport Sky Caps Swearing -in ceremony of newly appointed Board, Commission and Committee Members "At Your Service" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 AUGUST 28, 2007 10:00 A.M. PUBLIC NOTICE - THE SE OF CELL ULA N PHONES AND SOUND A C TIVA TELL PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING 1NG ME TINGS 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 que su in l s es limita o, habra un int rprete ingl s- esparaol en tons las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 -826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to e given by Reverend Donald G. Lea ell, Corpus Christi Christian Fellowship. C. Fledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter officers. Mayor Henry Garrett Mayor Pro Tens Mike Hummel! Council Members: ers: Melody Cooper Larry Eli onde, Sr. Bill Kelly Priscilla G. Leal Michael McCutchon John E. Marez Nelda Martinez City Manager George K. Noe .� City Attorney Mary Kay Fischer City Secretary Armando Chapa �_ Agenda Regular Council Meeting August 28, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of August 21, 2007. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: TS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. if deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT SEI T AGENDA jpticeto 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 di Agenda Regular Council Meeting August 28, 2007 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2.a. 2.b. 3.a. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $143,605 from the Texas Department of Transportation for a Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI and Speed enforcement with a City match of $28,42995 and to execute all related documents. (Attachment 2) Ordinance appropriating $148,605 from the Texas Department of Transportation for funding for a Comprehensive Selective Traffic Enforcement Project (STEP) in No. 1 061 Police Grants Fund. (Attachment # 2) Motion authorizing the City Manager or his designee to accept a grant in the amount of $43,480 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 8 with a City cash match of $14,007, in -kind match of $2,400 fora total project cost of $59,837 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment #3 3.b. Ordinance appropriating $48,430 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund. (Attachment # 3) 4.a. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Corpus Christi Independent School District in the amount of $6,000 for Enforcing Underage Drinking Laws (EUDL) grant activities. (Attachment # 4) 4.b. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Flour Bluff Independent School District in the amount of $2,000 for Enforcing Underage Drinking Laws (EUDL) grant activities. (Attachment # 4) 4.c. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Calailen Independent School District in the amount of $2,000 for Enforcing Underage Drinking Laws (EUDL) grant activities. (Attachment # 4) Agenda Regular Council Meeting August 28, 2007 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 4.d. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Tuloso- Midway Independent school District in the amount of $2,000 for Enforcing Underage Drinking Laws (EUDL) grant activities. (Attachment # 4) 4.e. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the West Oso Independent School District in the amount of $20O0 for Enforcing Underage Drinking Laws (EUDL) grant activities. (Attachment # 4) 4.f. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Texas A&M University Corpus Christi in the amount of $5,000 for Enforcing Underage Drinking Laws (EUDL) grant activities. (Attachment # 4) 4.g. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Council on Alcohol and Drug Abuse in the amount of $9,256 for Enforcing Underage Drinking Laws (EUDL) grant activities. (Attachment # 4) 4.h. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Corpus Christi Youth Alcohol Awareness Coalition in the amount of $200O for Enforcing Underage Drinking Laws (EUDL) grant activities. (Attachment # 4) 5.a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $508873 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2007-2008. (Attachment ## 5) 5.13. Ordinance appropriating $508,873 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the South Texas Library System at the Corpus Christi .Public Library for state fiscal year 2007-2008. (Attachment # 5) Agenda Regular Council Meeting August 28, 2007 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6.a. Resolution authorizing the City Manageror his designee to accept a grant in the amount of $1 51,934 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2007 -2008. (Attachment # 6) 6.b. ordinance appropriating $'1 51,934 from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2007 -2008. (Attachment # 6) 7.a. Resolution authorizing the city Manager or his designee to accept a grant in the amount of $78}250 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for the state fiscal year 2007 -2008. (Attachment # 7) 7.b. Ordinance appropriating $78,250 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2007- 2008. (Attachment ## 7) 8. Motion authorizing the City Manager or his designee to execute Change Order No. 1 to a construction contract for the Police Department Chilled Water Plant Upgrade 2006 with Weathertrol, Inc., of Corpus Christi, Texas in the amount of $37,560 for the installation of an outside air handling unit for the Police HVAC System. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute an Infrastructure Participation Agreement with John Bratton, owner and developer of Kitty Hawk Unit 1, located east of County Road 41 and south of South staples Street (FM 2444) in the amount of $24,618.08 for the future construction of Kitty Hawk Drive Bridge, in accordance with Platting Ordinance Section 1V.A.16. (Attachment ## 9) Agenda Regular Council Meeting August 28, 2007 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10.a. Motion approving the First Amendment to the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement submitted by Oak Properties, owner and developer of Turnstone Subdivision for the construction of Master Plan Lift Station No. 13, located on Slough Road east of Rodd Field Road. (Attachment # 10) 10.b. Ordinance appropriating $131 ,429.13 from the Sanitary Sewer Trunk System Trust Fund No. 540450-21800-4220 to pay Oak Properties for the construction and installation specified in the Sanitary Sewer Trunk Force Main and Lift Station Construction Reimbursement Agreement. (Attachment # 10) 11, Motion approving an admission fee for Bayfest of five dollars ($5.00) per day for adults and three dollars ($3.00) per day for military, seniors and children between the ages of seven to twelve. Children ages six and under are admitted free. Bayfest will be held September 28-30, 2007. (Attachment # 11) 12. Ordinance authorizing the City Manager or his designee to execute a lease agreement with Bayfest, Inc. for Bayfest 2007 and related activities to allow use of Shoreline Boulevard from IH 37 to the Convention Center Complex including Barge Dock Area, and additional lot bounded by Shoreline Boulevard, Fitzgerald, Water and Palo Alto Streets and additional lots bounded by Shoreline Boulevard, and Fitzgerald, Water and Resaca Streets during September 17 through October 7, 2007; provide for Bayfest, Inc. paying 50% police and 100% of all other city costs. (Attachment # 12) 13. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter49, Streets and Sidewalks, Division 2: Temporary Closure of Streets, Section 49-17: Conditions and requirements for permit, by replacing written approval requirement with written notice requirement; requiring notice be furnished to tenants and building managers instead of to one hundred 100 or ninety (90) percent managing tenants and/or property owners; requiring applicant provide written notice on approved standard form; requiring posting of written notice on the inside of entrances to Agenda Regular Council Meeting August 28, 2007 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) multi- tenant buildings; requiring written notice include notice of date and time of City Council meeting at which approval of permit issuance is scheduled; adding list of steps required in the application process. (Attachment # 13) 14. Second Reading Ordinance - Amending Chapter 33, Article Vi. Graffiti Control, of the City Code of Ordinances by revising the provisions regarding notice requirements, the hearing process, eradication efforts and providing for liens; providing for publication; providing for penalties; and providing for an effective date. (First Reading 8/21/07) (Attachment # 14) 15. Second Reading Ordinance - Amending Chapter 14 "Development Services," Article XIII "Development Services Fees," Division 4 `Platting Ordinance Fees," Section 14-1341 "Platting Ordinance Fees," and Chapter 55 "Utilities," Article "Taps and Connections," Section 55-70 "Adoption of Rules, Regulations, and Water and Gas Fees," and Section 55-71 "Sewer Tapping Fees" of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting fees and Tap fees. (First Reading 8/21/07) (Attachment # 15) (RECESS REGULAR COUNCIL MEETING) L MEETING of CITY CORPORATION: 16. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION: (Attachment # 16) AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING Date: Tuesday, August 28, 2007 Time: During the meeting of the City Council beginning at 10 :00 a.m. Agenda Regular Council Meeting August 28, 2007 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Location: City Council Chambers City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 1. President John E. Marez calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers John E. hare, Pres. George K. Noe, General Manager Melody Cooper, Vice Pres. Armando Chapa, Secretary Larry Elizondo, Sr. Mary Juarez, Asst. Secretary Henry Garrett Cindy O'Brien, Treasurer Mike Hummel) Constance Sanchez, Asst. Treasurer Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez 3. Approval of the minutes of July 24, 2007. 4. Approval of the financial report. 5. Motion authorizing the CCCIC General Manager or his designee to execute Subrecipient Agreements for funds provided from the FY2007 HOME investment Partnerships (HOME) Program. FY2007 HOME FUNDING - FOR AFFORDABLE HOUSING PROGRAMS: a. Community Development Corporation (CDC) - $ 00,000 for funds to assist approximately 11 families in buying down a new home through the down payment and closing cost program. b. Apartments of the Village /LILAC Hacienda Apartments - $260,009 to demolish with the reconstruction of a 60 unit HUD 202, with 54 one bedroom units and six two bedroom units located at 2625 Greenwood Drive; 10 units will be HOME- assisted. Agenda Regular Council Meeting August 28, 2007 Page c. Messianic siani Fellowship Church Affordable Housing Initiative - $300,000 for the new construction of a 32 unit apartment facility to be used by area residents as a moderately priced rental development located at 3210 Mueller Street. d. T11, lnolenak Rehabilitation Project - $2 , 08 for the rehabilitation of 68 one, two, three and four bedroom apartments for rental to low income families located at 711 Gienoal . 6. Motion authorizing the CCCIC General Manager or his designee to reinstate and extend the FY2004 HOME agreement with the Community Development Corporation through May 31, 2008. 7. Motion authorizing the CCCIC General Manager or his designee to execute all necessary documents to purchase and convey properties for the Corpus Christi Model Block Program and other city neighborhood revitalization projects. 8. Motion authorizing the CCCIC General Manager or his designee to convey property in the Model Block Program neighborhood to Habitat for Humanity. 9. Motion to approve revisions to the CCCIC Loan and Grant Rehabilitation Handbook to include a new clause stating that a 5% warranty retainage will not be required for warranty work performed when the contract amount is less than $2,000. (See Handbook under separate cover) 10. Public Comment. 11. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) J. PUBLIC HEARINGS: 17. Public hearing on proposed ad valorem tax rate increase (Attachment # 17) . CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) I Agenda Regular Council Meeting August 28, 2007 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) CONSOLIDATED ANNUAL ACTION PLAN: 18.a. Public hearing to receive public comments regarding an amendment of the FY2007 Consolidated Annual Action Plan to realign, reprogram, and reallocate Community Development Block Grant (CDBG) Program funds. (Attachment # 18) 18.b. Motion to authorize the City Manager or his designee to amend the FY2007 Consolidated Annual Action Plan for the CDBG Program. (Attachment # 18) 18.c. Motion to authorize the City Manager or his designee to execute CDBG Subrecipient Agreements with Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's Place, Fighting to Rid Gangs in America Foundation, Inc., and Nueces County Community Action Agency. (Attachment # 18) QNINQCASES: (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS RESOLUTIONS. AND ORDINANCES: 19.a. Motion authorizing the City Manager or his designee to accept grants from the United States Department of Housing and Urban Development to implement the FY2007 Consolidated Annual Action Plan, including the Community Development Block Grant (CDBG), the Emergency Shelter Grant (ESG), and the HOME Investment Partnerships (HOME) Grant, and execute Subrecipient Agreements for community planning and development projects and activities. (Attachment # 19) CDBG FUNDING 1 Boys and Girls Club of Corpus Christi - $100,716- (2) Brooks Chapel Early Childhood Development Center $65,300 (3) Coastal Bend Center for Independent Living (CECIL) $15,000 Agenda Regular Council Meeting August 28, 2007 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) (4) Coastal Bend Center for Independent Living (CBCIL) - $25,000 (5) Del Mar College/Business Resource Center - $175,U40 (6) Greenwood Molina Children's Center/Schoolagers Play Park - $25,000 (7) Nueces Lofts Apartments - $500,000 (8) Universal Little League - $35,000 fOO7 ESG FUNDING (9) Catholic Charities - $13,000 (10) Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. Charlie's Place - $12,000 1'1 Corpus Christi Hope House, Inc. - $13,000 (12) Corpus Christi Metro Ministries, Inc. - $43,000 (13) Mary McLeod Bethune Day Nursery, Inc. - $'13,000 (14) New Life Fellowship of Corpus Christi, Inc. - $'10,000 (15) The Ark Assessment Center and Emergency Shelter for Youth - $13,000 (16) The Salvation Army - $13,000 (17) The Women's Shelter of South Texas - $20,498 FY2007 HOME FUNDING (18) Community Development Corporation (CDC) - $200,000 (19) Apartments of the Village /LULAC Hacienda Apartments - $260,009 Agenda Regular Council Meeting August 28, 2007 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) (20) Messianic Fellowship Church Affordable Housing Initiative - $300,000 (21) TGI I - Glen oak Apartments (CHDO) - $250,000 19.b. Ordinance appropriating $6,851,949 in the No. 1059 CDBG Grants Fund for the FY2007 Consolidated Annual Action Plan which includes: 1 $4,148,016 for the CDBG Program, consisting of $3,480,612 of entitlement funds, $470,000 of program income from housing loans, $65,569 of demolition lien program income, and $131,835 of reprogrammed funds; (2) $150,498 of entitlement funds for the ESG Program; and (3) $2,553,435 for the HOME Program, consisting of $1,649,582 of entitlement funds, $25,570 of the American Dream Downpayment Initiative Grant, $175,385 of program income from housing loans, and $702,898 of reprogrammed funds, for approved community planning and development projects and activities. (Attachment # 19) 20. Motion directing City Manager to implement procedures for placement of advisory signs at beach access locations when testing results indicate bacteria levels are above acceptable standards. (Attachment # 20) 21. Ordinance changing the Corpus Christi Business and Job Development Corporation (4A Board) budget by appropriating $448,015 from prior year unspent funds and appropriating an additional $200,009 from the 4A Board fund balance for small business support. (Attachment ## 21) 22. Resolution approving the contract between the Corpus Christi Business and Job Development C r p oration and ACCI5 iTexas Inc. to provide a micro- lending program for small business support and authorizing the City Manager or his designee to execute the agreement. (Attachment # 22) 23. Ordinance amending Chapter 53, Article X, Automated red light enforcement, of the City Code of Ordinances by revising the provisions regarding civil penalties, enforcement procedures, the hearing process, and appeal; providing for publication; providing for penalties. (Attachment # 23) Agenda Regular Council Meeting August 28, 2007 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 24. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 to establish the Marina Advisory Committee and the Water Shore and Beach Advisory Committee in place of the Water/Shore Advisory Committee; providing for publication. (Attachment # 24) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 25. Presentation and Report on New Home Growth vs. Projected Population Growth over the Past Two Years (Attachment # 25) 26. Presentation on the City's Noise Ordinance (Attachment # 26) 27. 78415 Community Youth Development Program Update (Attachment, # 27) 28. Wastewater water Collection System Master Plan Update for South of Oso Creek (Attachment # 28) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12: .I I. OR AT THE END OF THE COUNCIL MEETING,WHICHEVER Is EARLIER. PLEASE LIMIT PRESENTATIONS TATIONS 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 R NAME, ADDRESS AND TOP/C. (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 sir ingl s es limi ado, habit un in tErprete ingl s -espar of en la reuni n de la junta para ayudarle. 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 EM R OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY Agenda Regular Council Meeting August 28, 2007 Page 14 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) COUNCIL MEETING. THIS POLICY 1s NOT MEANT TO RESTRAIN A CITIZEN'S 'S FIRST AMENDMENT FIGHTS. N. 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. 29. Executive session under Texas Government Code Section 551.071 regarding Cause No. 04-3928-G, City of Corpus Christi v. Entrust, Inc., in the 319 Judicial District Court of Nueces County, Texas, with possible discussion and action related thereto in open session. O. 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. 30. CITY MANAGER'S REPORT * Upcoming oming Items 31. MAYOR'S 'S UP ATE 32. COUNCIL CIL AND OTHER REPORTS Agenda Regular r Council Meeting August 28, 2007 Page 15 P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at p.m., August 24, 2007. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary I Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 .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 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Coun it Meeting August 21, 2007 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Te m Mike H u m r e l I Jonil Members: Melody Cooper Larry Elizondo, Sr. Bill Kelly Priscilla Leal Michael McCutchon John Marez Nelda Martinez City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Alan Delafield with Asbury United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Elizondo. Mayor Garrett called for approval of the minutes of the regular Council meeting of July 24, 2007. A motion was made and passed to approve the minutes presented. Mayor Garrett announced that Item 26 regarding a policy for dues check off for non - public safety city employees was being postponed. 26. POSTPONED r�. -"e e e e * pile * * * * * * * * * Mayor Garrett referred to Item 2 and the following board appointments were made: Board of Adjustment Dan Winship (Appointed) Sergio Ornelas (Appointed) Commission on Children and Youth Sheri Phillabaum (Reappointed) Mary Jane Garza (Reappointed) Caitlin Martin (Reappointed) Aaron De la Garza (Appointed) Park and Recreation Advisory Committee Hunter Young (Reappointed) Teresa Carrillo {Reappointed} Mari Whitworth (Reappointed) Jamie Pyle (Reappointed) B_ wilding Code Board of Appeals Bill Ewing (Appointed) John R. Dykema, Jr. (Appointed) Mike Lippincott (Appointed) Corpus Christi Downtown Management District David Loeb (Appointed) Tracy Long (Appointed) Small Business Advisory Committee Lamont Taylor (Reappointed) Sylvia Ford (Reappointed) Guadalupe J. Gomez (Appointed) Minutes r-- Regular Council Meeting August 21, 2007 — Page Gregory T. Perkes (Reappcinted) Adam Nuse (Appointed) ** * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3 -17). Mr. Bill Kopecky asked that Items 7 and 8 be pulled for individual consideration. Council members requested that Items 15 and 16 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION N . 2007 -203 Motion approving a three -year HVAC maintenance service agreement with Johnson Controls, Inc., of Corpus Christi, Texas in the amount of $183600 of which $56,100 is required in FY 2007-2008. The award is in accordance with the State's Cooperative Purchasing Program. Funding is available in the General Services Department in FY - 208 and will be requested in subsequent fiscal years. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Ay" 4. MOTION N . 200772 Motion approving the purchase of one (1) brush loader truck from Chastang's Bayou City Ford Truck Sales, inc., of Houston, Texas for the total amount of $1Q1,1$1.38. The award is based on the City's cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). This brush loader truck will be used by Neighborhood Services. Funds are budgeted in the operations budget of the Neighborhood Services Department. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye" 5. MOTION 1 .2007 -205 Motion approving the purchase of two (2) automated side-loading refuse trucks from Rush Truck Center of Texas, L.P., of Houston, Texas in the amount of $437,694 of which $32,243.20 is budgeted in FY 2007 -2008. The award is based on the City's cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). These trucks are replacements to the fleet and will be used by Solid Waste Services. Financing will be provided through the City's lease - purchase program. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, M Cut h n, Marez, and Martinez, voting „Aye" 6. MOTION N . 2007 -206 Motion approving a supply /service agreement to be activated only in the event of a hurricane or other disaster with Garner Environmental Services, Inc., of Deer Park, Texas in accordance with Bid Invitation No. BI-0217-07, based on only bid for an estimated expenditure of $600,952.50. The term of the agreement will be for twelve months with an option to extend the agreement for up to four additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Minutes — Regular Council Meeting August 21, 2007 -- Page 3 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye". 9.a. RESOLUTION N . 027359 Resolution authorizing the City Manager or his designee to execute a cooperative agreement with the United States Department of Justice, Drug Enforcement Administration (DEA) in an amount not to exceed $20,000 for the Police Department to provide officers on an overtime basis to a joint operation /task force. The foregoing resolution was passed and approved with the Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Are" 9.b. ORDINANCE NO. 027360 Ordinance appropriating $20,000 from the United States Department of Justice, Drug Enforcement Administration (DEA) for the Police Department to provide officers on an overtime basis to a joint operation /task force in the No. 1020 General Fund - Police Department; amending Ordinance No. 027352 which adopted the FY 2007-2008 budget by increasing both revenues and appropriations by $20,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye". 10.a. RESOLUTION N . 027361 Resolution authorizing the City Manager or his designee to accept a $56,119 grant awarded by the Corporation for National and Community Service for the Retired and Senior Volunteer Program {RSVP }. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye ". 10.b. F DI NAN C E NO. 027362 Ordinance appropriating a $56,119 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation Grants fund for the Retired and Senior Volunteer Program (RSVP). An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "A " 11.a. RESOLUTION N . 027363 Resolution authorizing the City Manager or his designee to accept a $275,761 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye" Minutes — Regular Council Meeting August 21, 2007 -- Page l 1. b. ORDINANCE NO. 027364 Ordinance appropriating a $275,761 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye" 12.a. RESOLUTION N . 027365 Resolution authorizing the City Manager or his designee to accept a grant of $150,475 from the Department of State Health Services for personnel costs and other expenses relating to a plan for responding to an act of terrorism and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye" 12.b. ORDINANCE NO. 027366 Ordinance appropriating grant of $150,475 from the Department f State Health Services in the No. 1066 Health Grants Fund for personnel costs and other expenses relating to a plan for responding to an act of terrorism. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye" 13. RESOLUTION N . 027367 Resolution authorizing the City Manager or his designee to execute cone -year lease option agreement with the United States Government on behalf of the United States Coast Guard for property located at the Corpus Christi International Airport. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye" 14. ORDINANCE N. 027368 Ordinance appropriatin $13,975.69 into the Library Capital Improvement Program Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $1,739.68 from mineral interest from the William T. Neyland Estate and $12,236.01 from unappropriated interest earnings from the Library Capital Improvement Program Fund No. 3210; changing FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by 13,975.69. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, far , and Martinez, voting "Aye". Minutes -- Regular Council Meeting August 21, 2007 — Page 17. MOTION N. 2007 -212 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Naismith Engineering, of Corpus Christi, Texas in the amount of $40,200 for a restated total not to exceed fee of $64,700 for the Regional Transportation Authority (RTA) Special Streets Project, Livable Communities Initiative. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, ll, Kelly, Leal, McCutchon, M re , and Martinez, voting ,Aye ". Mayor Garrett opened discussion on Items 7 and 8 regarding annual software and maintenance costs for the City's Geographic Information Systems and Kronos time management system. Bill Kopecky, 3609 Topeka, spoke regarding the commitment of annual maintenance fees and suggested the City create a list of all the computer programs and the annual maintenance cost. City Secretary Chapa polled the Council for their votes as follows: 7.a. MOTION N0. 2007 -207 Motion authorizing the City Manager or his designee to approve the annual software maintenance renewal with ESR1, Inc., of Redlands, California in an amount not to exceed $53162.12 for the ESRI suite of products used by the City's Geographic Information system users based on sole source. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Mare , and Martinez, voting ,Aye" 7.b. MOTION NO. 2007 -208 Motion authorizing the City Manager or his designee to approve purchase of continued annual maintenance costs from ESRI, Inc., of Redlands, California for the ESRI suite of products subject to annual appropriation of funds based on sole source. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye". 8.a. MOTION N. 2007 -209 Motion authorizing the City Manager or his designee to authorize payment of Invoice N. 10234619 for twelve month software and hardware maintenance with Kronos, Inc., of Chelmsford, Maryland in an amount not to exceed $48,179.82 based on sole source. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye" 8.b. jQTIONNOE2007-21 0 Motion authorizing the City Manager or his designee to approve purchase of continued annual maintenance costs from Kronos, Inc., of Chelmsford, Maryland for software and hardware for the Kronos suite of products subject to annual appropriation of funds based on sole source. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Minutes — Regular Council Meeting August 21, 2007 — Page Mayor Garrett opened discussion on Item 15 regarding Sidewalk Accessibility Improvements forthe Disabled. Council Member Marez asked questions regarding the responsibility for cost over- runs; other ADA compliance projects; and the reason forthe change order. Director of Engineering Angel Escobar answered that the City is responsible for cost over -runs and provided the reasons for the change order. Mr. Escobar said the City has completed eight projects to date and still has two projects ongoing. In response to Council Member Leal, Mr. Escobar stated that this change order would be the final an for this project. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION N . 027369 Resolution authorizing the City Manager or his designee to increase the escrow amount of the Advance Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $158,590.93 for Change Order No. 21 to adjust the final quantities associated with the construction of barrier -free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements Project (Weber, Alameda, Santa Fe ). The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kell, Leal, McCutchon, l are , and Martinez, voting ,Aye„ Mayor Garrett opened discussion on Item 16 regarding the Final Cover Phase 4-6 and Landfill Gas Collection for the J.C. Elliott Landfill. In response to Council Member ber McCut h n, Assistant Director of Engineering Kevin Stowers said that the contract was for engineering design services to provide for the closure of the landfill as required by TCEQ regulations and that Shiner Moseley was the selected firm due to their expertise and previous work at the landfill. Council Member Hummel' asked questions regarding the structure for the cost of the work. Mr. Stowers provided an explanation of the cost breakdown. Council Member Leal asked if Shiner Moseley has been used on other projects, if the projects were on budget and how the firm was rated. Director of Engineering Escobar said that Shiner Moseley has been used on several projects including the seawall and have come in at various times under, over and on budget. Mr. Escobar provided an explanation of the rating system. Council Member Leal asked if staff had reviewed the work at the seawall and reported flooding on Shoreline Boulevard near the Memorial Coliseum. City Secretary Chapa polled the Council for their votes as follows: City Secretary Chapa polled the Council for their votes as follows: 16. MOTION NO. 2007 -211 Motion authorizing the City Manager or his designee to execute an engineering contract with HDR, Inc. (Shiner Moseley), of Corpus Christi, Texas in the amount of $404,600 forthe J. C. Elliott Landfill Final Cover System (Phases 4-6) and Landfill Gas Collection System. The foregoing motion was passed and approved with the following vote: Garrett, Elind, Hummel!, Telly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on item 25 regarding the expansion of the Texas A & M University — Corpus Christi campus. City Manager Noe explained that the resolution authorized staff to proceed with final negotiations with Texas A & M University System for the formal transfer of 130 acres from the area adjacent to the Oso Wastewater Treatment Plant and South Guth Park. Mr. Noe added that a public hearing would be held in September for converting use of the park property. Minutes — Regular Council Meeting August 21, 2007 — Page Council Members asked questions regarding making adjustments to the proposal; the possible and current uses of the flood plain; the possibility of the city leasing the flood plain area to the university; whether the flood plain land could be built on; reversionary provisions should the university cease to operate on the land; jurisdictional wetland areas; the amount of acreage; the value of the property; the city's total debt; the original municipal donation of Ward Island; scholarships for local students; and if uses for the flood plain could be preserved. Bill Kopecky, 3609 Topeka, spoke regarding the consideration of a long term land lease, receiving a commitment from the TAMU System Board of Regents for expansion; and where the money would come from to fund the relocation of the ball fields. J.E. O'Brien, 4130 Pompano, said he was in opposition of gifting the land to the University. John Kelly, 3621 Austin Street, spoke regarding the cost of the land and rebuilding, police and fire infrastructure costs; and additional considerations to the contract. City Secretary Chapa polled the Council for their votes as follows: 25. F ES LUTI N . 027372 Resolution authorizing the City Manager or his designee to take all actions necessary to pursue the conveyance of property to the Texas A &M University System for the expansion of Texas A &M University- Corpus Christi campus. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Eli undo, Hummell, Kelly, Leal, M Cut h n, Mare z, and Martinez, voting "Aye". Mayor Garrett referred t item 18 regarding a public hearing on the proposed ad valorem tax rate increase. Cindy O'Brien, Director of Financial Services, stated that the rate approved in the budget was estimated at $0.58. She added that because the computed effective tax rate from Nueces County and the Appraisal District of $0.549193 is greater than the City's proposed rate, the state requires two public hearings be held, Ms. O'Brien referred to a powerpoint presentation including the definitions of effective tax rate and rollback tax rate; history of assessed valuations; and a history of ad valorem tax rates. Council members asked questions regarding the use of the effective tax rate to establish the budget; percentage rate for new growth; the actual collections received from property ta last year; receiving the certified values after the budget was adopted; postponing the approval of the budget to July 31 after the certified values were received; if the proposed effective rate would increase taxes; revenues from increased appraisals; the total amount of unpaid bonded indebtness; and the debt service fund. Mayor Garrett alled for a brief r ce to present proclamations and receive comments fror the public on items not listed on the agenda. Mayor Garrett called the meeting back to order and asked for petitions from the audience. J. E. O'Brien, 4130 Pompano, spoke regarding an internal auditor, the increase in utility rates, and the water issues. Domingo ¥barra, President of the Corpus Christi Police Officers Association, spoke regarding accountability and due process for reviewing the City Manager. John Torrey, 7253 aupn and on behalf of the Caravels de Colon Historical Foundation, spoke regarding establishing Minutes — Regular Council Meeting August 21, 2007 — Page 8 dialogue with the City to preserve the Niria ship. Maria Hight, 535 Forest Oak in Rockport, l port, Texas, spoke regarding animated pornography being sold in proximity to children's books in book stores and available in public libraries. Neil McQueen, 4213 Estate, and John Adams, 307 Katherine, spoke regarding the need to install beach signs for water quality at all City beaches. Jack Gordy, 4118 Bray, spoke regarding council compensation. Dr. Nick Adam e, President of LULAC Council No. 1, spoke regarding the concerns of the community. John Kelly, 3621 Austin, spoke regarding bay bacteria contamination and making the TCEQ investigation available to the public. Lisa Hernandez, 434 villa, spoke regarding the water issues, the information provided to citizens, and the replacement of City Manager Noe and Assistant City Manager Ron Massey. Abel Alonzo, 1701 Thames, spoke regarding staff accountability, the resignation of Ed Garana and an outside investigation of the water issues. Joan Veith, 5701 Cain, spoke regarding accountability for the water issues. Carlos Torres, President of the Corpus Christi Firefighters, spoke regarding the water issues and the accountability of city staff. Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 32. Executive session under Texas Government Code Section 551.074, Personnel Matters, for deliberations regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges with possible discussion and action related thereto in open session. 33. Executive session under Texas Government Code Section 551.071 regarding Cause No. 05-1330-F, San Juanita Graham v. City of Corpus Christi, in the 247th District Court of Nueces es County, 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: 33. MOTION NO. 2007-218 Motion authorizing the City Manager to settle Cause No. 05-1330-F; San Juanita Graham vs. City of Corpus Christi; In the 214th Judicial District Court, Nueces County, Texas, for the total sum of $125,000, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martin, voting "Aye "; Cooper was absent. 32. MOTION I o. 2007-217 Motion appointing Julianna Siracusa Rivera as Municipal Court Judge of the Environmental Court at a salary equivalent to those of the currently appointed Municipal Court Judges to a term co-terminous with those of the City Council. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, , voting 'Aye" Minutes — Regular Council Meeting August 21, 2007 — Page Mayor Garrett returned to Item 13 regarding the public hearing on the ad valorem tax rate increase. Council members asked questions regarding how long the City has dropped the tax rate to reduce the number of tax funds received; the requirement fora public hearing; expectation of new growth; staffs recommendation for the tax rate; the development of the financial policy; and a debt policy. Mr. Elizondo made a motion, seconded by M. Martinez and passed to open the public hearing. Bill Kopeck, 3609 Topeka, spoke regarding the adoption of the budget with rates for maintenance and operation and debt service and the approval of an effective rate of $0.549193. J.E. O'Brien, 4130 Pompano, spoke regarding scheduling a time certain for the public hearing, tax increases, and the bond indebtness. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mayor Garrett stated that during the September 11`" City Council Meeting beginning at 10:00 a.m. at City Hall, the City Council will vote on the proposed tax rate. Mayor Garrett referred to Item 1 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0707-02 JTJ Investments Inc.: A change of zoning from a "R-1B" one - family Dwelling District to a "A -1" Apartment House District on property described as Nueces Gardens 1, Block 1, Lots 4 and 4A, located on Violet Road, approximately 300 feet south of Mayfield Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "A -1" Apartment House District. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes as follows: 19. ORDINANCE No. 027370 Amending the Zoning Ordinance, upon application by JTJ Investments, Ltd., by changing the zoning map in reference to Nueces Gardens 1, Block 1, Lots 4 and 4A, from "R -1 B" One- family Dwelling District to "A -1" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minute -. Regular Council Meeting August 21, 2007 -- Page 10 Case No. 0707703, LSCC Holdings, L.L.C.: A change of zoning from a "R-1B" B" One - family Dwelling District to a "B-4" General Business District on property described as 0.697 acres (Tract 1) and 0.298 acres (Tract 2), both out of Nueces River Irrigation Park Annex No. 1, located at the intersection of Riverwood d Drive and FM 624 (Northwest Boulevard). City Secretary Chapa stated that the Planning Commission and staff recommended denial of the `B^4" District and in lieu thereof, approval of a "B-1" Neighborhood Business District for Tract 1 and 2. Faryce Goode - Macon, Interim Director of Development Services, referred to a p were int presentation including the existing land use map; a 2006 aerial view of the subject property, uses of the "B- " General Business District; planning commission and staff's recommendation; a proposed project site plan; pictorial views of the subject property; a future land use map; and an ownership map. Chris Williams, 4101 Cr river, spoke in support of the addition to the property but expressed concern regarding the drainage and flooding in the area. Kathy Hogan, 353 Bermuda and applicant, said that the property was designed with the neighborhood in mind and is willing to work with the city and engineers to resolve the drainage. Victor Gutierrez, Coym, Rehmet et & Gutierrez Engineering, explained the different options being considered to resolve the drainage issue. Council Members asked questions regarding the detention pond; the Master Drainage plan; the drainage issues; failure of the newly engineered system in the subdivision; if the neighborhood had met with and approved the development; the capacity of Hazel Bazemore; the percentage of impermeable cover allowed in areas; what other cities have done regarding impermeable cover; the consideration of draining the property south to FM624 and channeling to Hazel Bazemore; Texas Department of Transportation requirements; and the design of the drainage system. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly} and passed. Mr. Chapa polled the Council for their votes as follows: 20. ORDI NANCE N . 027371 Amending the Zoning Ordinance, upon application by LSCC Holdings, L.L.C., by changing the zoning map in reference to 0.697 acres (Tract 1 ) and 0.298 acres (Tract 2) out of Nueces River Irrigation Park Annex No. 1 from "R-113" One - family Dwelling District to `iB_1" Neighborhood Business District} amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCut h n, Mare z, and Martinez, voting "Aye". * * * * * * * * * * * * * Mayor Garrett referred to Item 21 regarding an update on Water Issues. Danny Ybarra, Acting Director of Water, provided an update on the actions of the Water Department regarding the nitrification problem that occurred in July. Minutes -- Regular Council Meeting August 21, 2007 — Page 11 City Manager Noe provided a background on the incidents regarding the positive testing of E.coli and total coliform, the inadequate notification procedures, and an independent investigation. Council members asked questions regarding the notification process for two positive results; the system of reporting; whether the city hired an outside firm after the first water incident; when Corolla Engineering was hired} if Corolla Engineering was previously familiar with the City's water system; the internal notification to key personnel in the water department; the employees who analyze the testing; the employee that discovered the first positive; if documents are generated to log every test; the notification to TCEQ f the first positive sample; the date and time the first positive sample was drawn; the time the first sample was processed; the time the lab was aware of the positive test; the representatives from Corolla Engineering; the time that Corolla was aware of the positive testing; the second confirmed test and who performed the analysis; TCEQ requirements; the first indication there were problems with the system; the date the City was out of compliance regarding the chlorine; the requirement to test nitrite levels; previous positive results of E.coli or total coliform; the safety of the water system; if the testing system was accurate; the issuing of the city wide boil alert instead of just in effected areas; implementation of procedures; the independent study; if TCEQ will review the infrastructure requirements; why policies were not in place for the department; the lines of supervision; whether th council have investigative and subpoena authority; the timeframe for processing the results; the day of the second boil water notification; when the City Manager was notified; the date the water boil was lifted; and how the water bill adjustments will be funded. Mayor Garrett stated that he would head the water investigation ad hoc committee and will have Council Members Nelda Martinez and Michael M Cut hon assist him in this matter. Mayor Garrett announced that Item 22 regarding the Wastewater Collection System Master Plain Update for South of Oso Creek was postponed. Mayor Garrett referred to Item 23 regarding the Downtown Management District (DMD) Annual Report. Norma Urban, President of the Downtown Management District, referred to a p were int presentation including a representation of taxing property owners; the petition agreement; a map of the boundaries of the DMD; the City's investment to DMD; the DMD's investment to the City; trash pickup; landscaping and the tree planting project; oak tree electrical /maintenance; the Sidewalk Partnership Grant with property owners; pictures of downtown activities and Adopt Downtown; marketing inserts; vacant building; pictures of new downtown development; and a listing of new businesses. Council members asked questions regarding trash pickup; the Ritz Theatre; the appraised values for vacant dormant buildings; and possible future development. Mayor Garrett opened discussion on item 24 regarding an interloal Agreement for 2007 - 2008 with the Downtown Management District. Assistant City Manager Oscar Martinez provided a review of the terms of the contract including increased appropriations; performance expectations; and renewal options. Council Member Marez asked questions regarding the renewal options of the agreement. Assistant City Manager Martinez answered that the renewal option were contingent upon the budget and performance measures. Minutes — Regular Council Meeting August 21, 2007 — Page 12 Abel Alonzo, 1701 Thames, thanked the Council for th it continued support of th downtown area and congratulated Ely Salazar as the new chair. City Secretary Chapa polled the Council for their votes as follows: 24. MOTION NO. 2007-213 Motion authorizing the City Manager or his designee to enter into an Interlocal Agreement between the City of Corpus Christi and the Corpus Christi Downtown Management District (DMD)for2007-2008 and to provide an extension ofthe agreement, at the option ofthe City Council, for up to two additional one-year terms contingent upon annual appropriation of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, M Cut h n, Mar , and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 27 regarding the consideration of participation in the City of Ingleside Local Redevelopment Authority (LRA). City Manager Noe announced that this item was brought forth by the Council. Stella Herrmann, ann, May r Pro -Tern for the City of Ingleside, spoke regarding the formation of the LRA, previous attempts to establish an LRA, the effects to the region, and the representation. Y. Herrman invited the City to participate in the LRA. Sandy Ridgley, President of the Ingleside Chamber of Commerce, spoke regarding the previous LRAls that had not been recognized. Willie Haden, Council Member for the City of Ingleside, spoke regarding the location of the property, redevelopment, and the composition of the LRA membership. Terry Carter, CEO of the Corpus Christi Chamber of Commerce, spoke regarding the port's reversionary clause and the chamber involvement in the original LRA. Council members asked questions regarding the summary of the LRA basics; the Office of Economic Adjustment EA; the OEA project manager for Naval Station - Ingleside; if there were earlier attempts to form a LRA; if there is a deadline for forming an LRA; the type of funding that can be secured; whether the LRA can be formed if the City and the County don't participate; the value should the City participate, the origination of the "Organizing the BRAG }' document; the reasons the LRA continues to change; the port's property and reversionary rights; the acres involved in the LRA; whether the City of Ingleside and San Patricio County could solely form the LRA; if the community representatives would adequately represent the City; if the City invested in Naval Station- Ingleside; a loss of funds if the City does not participate; CEA funding to reimburse planning efforts; whether the navy could sell the acres if the LRA is not formed; if NAS- Ingleside could be developed without the need of infrastructure investment; the timeline for participation; the reasons previous LRAs were rejected by the Department of Defense; the proximity of the land to the port's property; representation for previous attempts; the number of acres above water; any intention to plan for the redevelopment of the port's property; why the chamber of commerce was included in the original LRA; private representation; the terms and length of service for representatives; and Nucs County's representation. Abel Alonzo, 1 701 Thames, asked the Council to do the right thing for the community. 5 Minutes — Regular Council Meeting August 21, 2007 — Page 13 Dr. McCutchon made a motion to have the City participate in the City of Ingleside Local Redevelopment Authority (LRA ). The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their votes as follows: 27.a. MOTION NO. 2007-214 Motion t participate in the City of Ingleside Local Redevelopment Authority (LRA). . The foregoing motion was passed and approved with the following vote: Elizondo, Hummell, Leal, McCutchon, and Marez, voting "Aye "; Garrett, Cooper, Kelly, and Martinez, voting "No". A motion was made by Mr. Kelly to nominate Henry Garrett and Nelda Martinez to serve as representatives to the City of Ingleside Local Redevelopment Authority. Ms. Martinez withdrew her name from consideration. A motion was made by Mr. Marez to nominate Henry Garrett and Mike Hummell to serve as representative to the City of Ingleside Local Redevelopment Authority (LRA). The motion was seconded by Mr. Elizondo. City Secretary Chapa polled the Council for their votes as follows: 27.b. MOTION N . 2007-215 Motion to appoint Mayor Henry Garrett and Council Member Mike Hummell to serve as representatives for the City of Corpus Christi on the City of Ingleside Local Redevelopment Authority (LRA). The foregoing motion wa passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 28 regarding the New Southside Library. Angel Escobar, Director of Engineering, presented this item and said staff recommended that the construction contract be awarded to The DLP Group, Inc. for the Base Bid and Alternate Nos. 1, 2, 3, 4 and 10. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 28.a. ORDINANCE NO. 027373 Ordinance appropriating $152,485.25 from the unappropriated interest earnings in the Library 2005 Capital Improvement vement Program Fund 3224 and transferring into Library 2005 Capital Improvement Program Fund 3224; appropriating $52,880.38 from the unappropriated interest earnings in the Library 2007A Capital Improvement Program Fund 3225 and transferring into Library 2007A Capital Improvement Program Fund 3225 for the new Southside Library; changing Capital Budget FY 2006-2007 adopted by Ordinance No. 026997 by increasing appropriations by $205,365.63. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, hon, Mar , and Martinez, voting "Aye's Minutes — Regular Council Meeting August 21, 2007 — Page 14 28.b, MOTION N0. 2007 -216 Motion authorizing the City Manager or his designee to execute a construction contract with The DLP Group, Inc., of Corpus Christi, Texas in the amount of $2,010,550 for the New Southside Library for the Base Bid and Alternate Nos. 1, 2, 3, 4, and 10. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, , voting "Aye". Mayor Garrett opened discussion on Item 29 regarding Master Channel 27 Drainage Project. Director of Engineering Angel Escobar explained that the City appraised the parcels needed from the landowners and due to an extreme difference in value, city staff has reached an impasse in negotiations for Parcels 5A through C. Mr. Escobar added that the offer is still pending and staff is asking for permission to go through condemdation to get the property within the next six weeks. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 29. RESOLUTION NO. 027374 Resolution determining a public necessity to acquire fee simple title to the surface estate only for a storm water drainage project, known as the Master Channel 27 Drainage Project, on five tracts of land known as Parcels 5A, 5B, 6A, 6B, and 6C; and for a related Drainage and Utility Easement known as Parcel 5C; togetherwith two related Temporary Construction Easements; all out of Lots 22, 23, and 24, Section 20, Flour Bluff and Encinal Farm and Garden Tracts; from the owners, Diaz Capital Partnership Ltd. and Nabil Emilady, Trustee; for the public purpose and use as a storm water drainage channel and for other related purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of the City's power of eminent domain. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, , and Martinez, voting "Aye" Mayor Garrett opened discussion on Item 30 regarding the graffiti ordinance. Police Chief Bryan Smith provided a review of the amendments to the graffiti ordinance including reducing waiting period from 30 days to 7 days; presumed consent after 7 days; not charging property owners unless the owner contests; and a eradication program. Chief Smith provided examples of cases solved through the enforcement effort. He added that the graffiti ordinance sets up a process by which graffiti is report and documented for the purposes of later prosecution. in response to Council Member Marez, Chief Smith said that the efforts made regarding surveillance include the use of cameras, covert surveillance, and proactive patrol. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 30. FIRST READING ORDINANCE First Reading Ordinance -Amending Chapter 33, Article VI. Graffiti Control, of the City Code of Ordinances by revising the provisions regarding notice requirements, the hearing process, eradication efforts and providing for liens; providing for publication; providing for penalties; and providing for an effective date. Minutes — Regular Council Meeting August 21, 2007 — Page 15 The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummel', dally, Leal, McCutchon, Mar , and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 31 regarding amending Chapter 14, Development Services Fees. Interim Director of Development Services Debbie Marroquin explained that the amendment included a 3.8% increase to lot fees, acreage, prorata fees; surcharge fees, and tap fees based on the construction index. Council members asked questions regarding a comparison of the fees with other cities of similar size; impact fees; and outside city limit fees. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 31. FIRST READING ORDINANCE Amending Chapter 14 "Development Services," Article XIII "Development Services Fees," Division 4 "Platting Ordinance Fees," Section 14 -1341 "Platting Ordinance Fees," and Chapter 55 "Utilities," Article V "Taps and Connections," Section 55-70 "Adoption of Rules, Regulations, and Water and Gas Fees," and Section 55-71 "Sewer Tapping Fees }' of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting fees and Tap fees. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mar , and Martinez, voting 'Aye" Mayor Garrett called for Council concerns and reports. Council Member Cooper asked questions regarding the extended construction of a drain on Everhart Road between South Padre Island Drive and Holly Road. Ms. Cooper announced that she and Mr. Elizondo are planning a town hall meeting for September 17`h based on the school's availability. Council Member Marez asked that the biographical forms of perspective candidates for the City's boards and commissions be purged to determine if applicants are still interested. Council Member Hummell reported a sinking pothole on Carancahua Street in front of the Wilson Building. Mr. Rummell spoke regarding modifying the language of permits for street closures. Council Member Elizondo thanked Fire Chief Richard Hooks and Police Chief Bryan Smith for their assistance with the Miller High School Firefighter Academy. Council Member McCutchon wished his daughter a happy birthday. Council Member Martinez reported on sewer conditions at 218 Chandler Lane. Ms. Martinez asked for an update on the construction of the third pump station to be located in the area of the Museum of Science and History. She also asked for an update on the sargassam removal at the beach. Council Member Leal asked if a test could be conducted to determine if wastewater could be diverted from the Broadway Treatment Plant to the Greenwood Plant. M. Leal asked that the Minutes — Regular Council M tirig August 21, 2007 — Page 16 presentation on the 78415 program be presented as scheduled on the August 28th meeting. She also thanked the firefighters from Fire Station No. 1 for providing her with medical treatment. Mayor Garrett asked questions regarding the cleaning of trash along the seawall on Shoreline Boulevard. Mayor Garrett thanked City Manager Noe, Emergency Management Coordinator Randy Sijansky and Fire Chief Hooks for their preparedness for the possibility of Hurricane Dean. There being no further business to come before the Council, May r Garrett adjourned the Council meeting at 6:47 p.m. on August 21, 2007. 2 CITY COUNCIL AGENDA MEMORANDUM City council Action Date: 2 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $143605 from the Texas Department of Transportation for a Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI and Speed enforcement with a City match of $28429.95 and to execute all related documents. B. Ordinance appropriating $i436O5 from the Texas Department of Transportation for funding for a Comprehensive Selective Traffic Enforcement Project (STEP) in No. 1 061 Police Grants Fund; and declaring an emergency. ISSUE: The State of Texas, Department of Transportation is providing funding to continue the overtime Driving While Intoxicated and Speed enforcement grants in the Police Department. BACKGROUND INFORMATION: The grant provides overtime funding for DWI and Speed enforcement across the City with varied days of the week and hours of operation. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. FUNDING: G: Officers will be working on an overtime basis with the City providing $24,520 for fringe benefits (State will not cover retirement costs on overtime) and $3909.95 for mileage. CONCLUSION AND RECOMMENDATION: Staff recommends a - piing the grant and appropriating F the funds. Attachments: TXDOT grant agreement B. P. Smith Chief of Police City of Corpus Christi STEP Comprehensive 2008 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT Contract Number: 588XXF6131 Charge Number: 8PT 5 T 1 FA PIN: 17460000574100 Project Year: 1st THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi Police Department hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2008. Project Title: STEP Comprehensive Grant Period: This Grant becomes effective on 10/01/2007 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2008 unless terminated or otherwise modified. Total Awarded: $172,034.95 Amount Eligible for Reimbursement: $143,605.00 Match Amount: $28,429.95 Program Income $0.00 TXDOT 1 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of th organization. THE SUBGRANTEE City of Corpus Christi Police Department [Legal Name of Agency] By: [Authorized Signature] [Name] City manager [Title] Date: Under the authority of Ordinance or Resolution Number (for local government): [Resolution Number] THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission By: [District Engineer Texas Department of Transportation] [Name] [Title] Date: By: Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under 100,000.00) Date: TXDOT 2 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 PROGRAM ELEMENT SELECTION YEAR LONG DWI DWI: Driving While Intoxicated Speed Speed: Speed Enforcement ❑ OP OP: Occupant Protection (Safety Belt & Child Safety Seat) ❑ ITC ITC: Intersection Traffic Control WAVE ❑ DWI ❑ Speed Jurisdiction wide (DWI enforcement effort must be focused at locations where there is an over - representation of alcohol- related crashes and/or DWI arrests) Jurisdiction wide (Speed enforcement should be focused on areas where there is at least a 50% noncompliance with the posted speed limits and/or a higher number of speed-related crashes ❑ OP Jurisdiction wide CMV ❑ Speed, OP, CMV: Commercial Motor Vehicle; HMV: Hazardous Moving and HMV Violations TXDOT 3 8/22/2007 City of Corpus Christi STEP Comprehensive GENERAL INFORMATION Project Title STEP Comprehensive How many years has your organization received funding for this project? This will be our first year. Organization Address City of Corpus Christi Police DepartmentP. 0. Box 90l6Corpus Christi, TX 78412Phone: (361) Mailing Address (if different) Project Director Contact Information Pat Eldridge TXDOT 2008 4 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 El PROPOSING AGENCY AUTHENTICATION 1 submit the following person has authorized the submittal of this proposal. George K. Noe City Manager P. 0. Box 9277 Name Title Address City Corpus Christi State Texas Zip Code Phone Number 361 -880 -3220 Fax Number E-mail address GeorgeN@cctexas.com TXDOT 5 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 'TERMS , CONDITIONS POD RESPONSIBILITIES How often do you plan to submit Performance Reports? Monthly How often do you plan to submit RFR's? Terms and Conditions 1 Agree with the Terns and Conditions. Responsibilities of the Subgrantee 2 Monthly 1 Agree with the Responsibilities of the Subgrantee. Responsibilities of the Department 0 TDT 1 Agree with the Responsibilities of the Department. 6 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 TXDOT Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CF R, Part 19 (OMB [Office of Management and Budget] Circular . -110); OMB Circular A-87; OMB Circular A -102; OMB Circular A -21; OMB Circular A-122; OMB Circular A-133; and the Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1 964 (Public Law 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 US (United States Code) §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that 7 8/22/2007 City of Co rpus Christi STEP Comprehensive 2008 may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §4321 et seq.; the Clean Air Act, as amended, 42 USC §74 1 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1 973, 42 USC 4 12a a . Section 102(a) requires, on and after March 2, 1 975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. I. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity r third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee's expenditures may overrun a budget category I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the Project Budget. TXDOT 8 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 If the overrun is five percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (e Grants) messaging system, prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of 1 Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI &E Activities." The TxDOT amount for Subcategory B, "PI&E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with underrun funds from Budget Categories 11 or III. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this 'xrant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A -21, Cost Principles for Institutions of Higher Education; • A-87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A-122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty -five days of the end of the grant period. H. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long- range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. TXDOT 9 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 TX DOT ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is ntingnt upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants system messaging. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than thirty days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short-term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs STEPS, performance reports must be submitted monthly. The performance report will include, as a minimum: 1 a comparison of actual accomplishments to the objectives established for the period, reasons why established objectives and performance measures were not met, if appropriate, and other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. 10 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 The Subgrantee shall submit the Final Performance Report through eGrants within thirty days after completi City of Corpus Christi STEP Comprehensive 2008 Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties; or • There is a written thirty (30) day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98- 5 2, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States, Local Governments, and Other Ion- Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the Subgrantee's organization without prior written concurrence, through eGrants system messaging, with the subcontract by the Department. Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. TXDOT 12 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT A EMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: • 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A -110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations ?' ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant TXDOT 13 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department through eGrants messaging. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR, Part 21; 23 ,CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 1135 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. TXDOT 14 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The u grant shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the US DOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole r in part with federal funds. These requirements shall be included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT /SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. TXDOT 15 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the ub rant to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S, Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: http://www.dot.state.tx.usicsoidefault.htm. TXDOT 16 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 RESPONSIBILITIES OF THE SUBG ANT : A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement F. c. Attend Department-approved grant management training. D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI&E) activities. Salaries being claimed for Pi&E activities must be included in the budget. F. When applicable, all newly developed PI&E materials must be submitted to the Department for written approval, through the TT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI&E procedures. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district - managed grants, the Subgrantee must have obtained written Department district approval, through eGrants system messagi City of Corpus Christi STEP Comprehensive 2008 K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. M. If an officer makes a STEP- related arrest during the shift, but does not complete the arrest before the shift is scheduled to nd, the officer can continue working under the grant to complete that arrest. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. O. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. P. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety A lministrati n .!International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the ff lcers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DBEs) when necessary. T. The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas Web site at www.bulupteas.em, TXDOT 18 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 RESPONSIBILITIES OF THE DEPARTMENT: T: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: • review of periodic reports • telephone conversations • eGrants system messaging • e -mails and letters • quarterly review meetings • physical inspection of project records and supporting documentation. B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Su grantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met • Review project accomplishments (performance measures completed, targets achieved) • Document any progress towards self-sufficiency • Account for any approved Program Income earned and expended • Identify exemplary performance or best practices. TXDOT 19 8/22/2007 City of Corpus Christi Goal: Strategies: Goal: Strategy: TXDOT STEP Comprehensive GOALS AID STRATEGIES To increase effective enforcement and adjudication of traffic safety - related laws to reduce fatal and serious injury crashes Increase enforcement of traffic safety - related laws. Increase public education and information campaigns. To reduce the number of DWI- related crashes, injuries, and fatalities Increase enforcement of DWI laws. L7 I agree to the above goals and strategies. 2008 20 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 BASELINE INFORMATION Baseline Definition: A number serving as a foundation for subgrantees to measure pre -grant traffic enforcement activity. Baseline information must be provided by the subgrantee in order to identify local traffic enforcement related activity. This information should exclude any activity generated with STEP grant dollars. Once the baseline is established, these figures will be used to compare subsequent year's local and grant traffic enforcement activity. Note: Baseline data used must be no older than 2001 data. Baseline Year (12 months) From 10/1/2002 To 9/30/2003 Baseline Measure Baseline Number Number of Driving While Intoxicated (DWI) arrests 590 Number of speed citations 13124 Number of alcohol-related crashes 202 Number of speed- related crashes 3198 Baseline Number Month/Year of Survey Percentage of speed compliance 47 % 09/2006 Attach Speed survey data 12344-9.06 speed surveys . pdf Support Document not included in Survey Data TXDOT 12 34 4 - resolution . pdf 21 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 LAW ENFORCEMENT OBJECTIVE / PERFORMANCE MEASURE Objective / Performance Measure Target Number L Number and Type citations /arrests to be issued under STEP a. Increase DWI arrests by 185 b. Increase Speed citations by 5616 2. Propose Total Number of Traffic Related crashes a. Reduce the number of Alcohol - Related crashes to 190 b. Reduce the number of Speed - Related crashes to 3038 3. Increase Speed Compliance a. Increase the Speed Compliance rate to 0 4. Number of Enforcement Hours 3000 STEP Indicator 2.98 TXDOT 22 8/22/2007 City of Corpus Christi STEP Comprehensive PI&E OBJECTIVE PERFORMANCE MEASURE Objective Performance Measure Target Numbe r Support Grant efforts with a public information and education (PI&E) program a. Conduct presentations b. Conduct media exposures (e.g. news conferences, news releases, and interviews) 4 c. Conduct community events (e.g. health fairs, booths) 2 d. Produce the following number of public information and education materials 0 e. Number of public information and education materials distributed 3800 TXDOT 2008 23 8/22/2007 STEP Comprehensive Corpus Christi Police D O 0 O 0 BENEFITS SALARIES _ _ Law Enf orcement Hours 3000 -- - - -.. . 4 Overtime ❑ Regular Time Total Fringe: $25,342.20 p 0' Q - : I o O o trr r-L N LO 1 -1 0- kD C. s--1 t+} CD Q Q Q o Q k O 0 Q t+} I $0.00- Q Q CD - $28,429.95 Total 0 Q Q 01 [ C ! : ►f1 C1 C CD C Breakdown of Fringe Percentages: - - - -- - FIiicare = 7.65% TMRS = 14.58% Fringe O ' 22.23 o 0 O\O ' o N 0.0 22.23 do ao 10 O Total Salaries I : o ♦ 0 0 w 1-i -1 Q 0•0L` . 3 i o ; o ,i , in, 1 0 ; 0 at CO , (% cl T 4 # Match A. {-�' o I•J , 0 0 • c t t-i c) , o , • Q to- $28,429.95 Match Salaries ■ $0.00 TxDOT Salaries Q Q o 0 Q Q' 4 (-1 Q c Q t N Ln , 0 Q 0 i--i Co 4.17- irI;:l 0, 0 / h C C Cki w-1 ' I - , Q 0 Q 0 $42,000' i Match Hours o 0 i $127,890.01 100.0 $o.00 1 0.00 % I TxDOT Hours osi I I A. Enforcement (overtime) Officers Deputies: Sergeants: Lieutenants Other rB. PI&E Activities (overtime) LPI&E Activities - - C. FE7—Tia6inistrative Duties grant paperwork , ftai __ _ I I Category [1aries: Fringe Benefits: j 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 TRAVEL AND PER DIEM : NON - ENFORCEMENT TRAVEL - Description Hotel Expenses Please explain Project Management Course Unit Price $80.000 Quantity 3 Total $240.00 TXDOT 25 8/22/2007 Amount rr# T D T $240.00 100.00% Match O. OO 0.00 Total $240.00 TXDOT 25 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 TRAVEL AND PER DIEM: NON - ENFORCEMENT TRAVEL - 300 Description Meals Please explain Project Management dement ourse Unit Price $30.000 Quantity 3 Total $90.00 TXDOT 26 8/22/2007 Amount Percentages T DOT -.- $90.00 100.00 Match $0.00 0.00% Total $90.00 TXDOT 26 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 TRAVEL AND PER DIEM : NON-ENFORCEMENT TRAVEL — 3 0 Description Air Fare Please explain Lifesavers conference Unit Price $305.000 Quantity 1 Total $305.00 1 D 1 27 8/22/2007 Amount t Percentages TxDOT . 100.00% Match -- $0.00 0.00% Total $305.00 1 D 1 27 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 TRAVEL AND PER DIEM : NON - ENFORCEMENT TRAVEL -- 3 00 Description Other (Explain) Please explain Registration Lifesavers conference Unit Price $300.000 Quantity 2 Total $600.00 TXDOT 28 8/22/2007 Amount Percentages TxDOT $600.00 100.00% Match -- - - -$0.00 0.00% Total $600.00 TXDOT 28 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 TRAVEL AND PER DIEM , NON-ENFORCEMENT TRAVEL - 300 Description Hotel Expenses Please explain Lifesavers conference Unit Price $160.000 Quantity 1 Total $160.00 TXDOT 29 8/22/2007 Amount -- - - - - -- - -- - Percentages TxDOT $160.00 - -- 100.00% Match - - $0.00 0.00% Total $160.00 TXDOT 29 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 TRAVEL AND PER DIEM : NON-ENFORCEMENT TRAVEL — 300 Description Meals Please explain Lifesavers conference Unit Price $30.000 Quantity 2 Total $.o TXDOT 30 8/22/2007 Amount Percentages TROT $60.00, 100.00 - _0.00% Match -- $0.00 Total $60.00 TXDOT 30 8/22/2007 City of Corpus Christi STEP Comprehensive 2008 TRAVEL AND PER DIEM: STEP ENFORCEMENT MILEAGE - 300 Miles 23257 Cost per mile $0.620 Total $14,419.34 TXDOT 31 8/22/2007 Amount Percentages - TDT 10,4. 71.77 Match - $4,070.34 28.23% *14,419.34' Total TXDOT 31 8/22/2007 City of Corpus Christi STEP Comprehensive BUDGET SUNIMARY 2008 1 Budget Category TxD T - - Match Total Category I - Labor Costs - - - (1) alape7, 8 $0.00 $127, 890. 0 (200) Fringe Benefits - - - — 127,890. $28,429.95 $28,429.9 -- - $28,429.95 , 19. Category I Sub -Total _Category II - Other Direct Costs - - - - - -- - -- -$0.00 (300)Travel - ---- - - - - -- -- $1,71.00 - - - - -- 1,71.E (400) Equipment $0.00 (o0) Supplies - -- - - $0.00 (600) Contractual Services -- $0.00 (700) Other Miscellaneous -- - $0.00 Category II Sub -Total 1 $0.00 $15,715.00 Total Direct Costs 1 , 28, 429.9 -41-7Z034.95 � Category III -- Indirect Costs - -' (800) Indirect Cost Rate $0.00 .Summary Total Labor Costs $12'7, X90 ■ 2 , 429.95 $156,319.95 Total Direct Costs 1 ,71 .00 $0.00 Total Indirect Costs $0.00 Grant Total $28,429.95 $172,p34.95 - -- Fund Sources (Percent Share) 83.47%. 16.53% TIJOT 32 8/22/2007 ORDINANCE APPROPRIATING X143,805 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING FOR A COMPREHENSIVE SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) IN NO 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $143,605 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of a comprehensive Selective Traffic Enforcement Project (STEP). SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this, the 28th day of August, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form v c , 2007 Joseph Ha 'ey Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, 1 we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Eli undo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Mare Nelda Martinez Michael McCutchon 3 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Date: 08/28/07 A. Motion authorizing the city Manager or his designee to accept a grant in the amount of $43,430 from the State of Texas, criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year with a city cash match of $14,007, in-kind match of $24OO for a total project cost of $59837 and authorizing the city Manager or the city Manager's designee to apply for, accept, reject, alter or terminate the grant. B. Ordinance appropriating $43,430 from the State of Texas, criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act CA Fund. ISSUE: Year 8 funding has been awarded from the State of Texas, Criminal Justice Division, under the Victims of crime Act (VOCA) that provides funds to projects with the primary mission of providing direct services to victims of crime. REQUIRED COUNCIL ACTION: Accepting the grant award. PREVIOUS COUNCIL ACTION: Approval to submit the application on 04/10/07. FUNDING: The State provides $43,430and the city $16407. The city is required to contribute at least a 20% grant match that may be in -kind or cash contribution. Volunteer hours provide $2400 toward the match with the law enforcement trust fund providing $14,007 to purchase equipment, supplies, and provide training. The funding is not on a declining percentage or ending funding cycle. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant award. Bryan P. Smith chief of Police Attachments: urant acceptance notice BACKGROUND INFORMATION The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long -term trauma experienced as a direct result of victimization. Victims and their family members are provided with information and guidance for resolving problems and referrals to other social service agencies. The purpose of these services is to speed their recovery from a criminal act to aid them in the criminal justice process. The grant covers the salary/ benefits for a Victim case Manager, equipment, ent, supplies, training, and mileage. The case manager provides services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. They also work with the Victims Advocates Offlce located at the District and County Attorney's office, local coalitions and other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. Grant Number: Program Fund: Grantee Name: Project Title: Grant Period: Liquidation Date: Date Awarded: CID Grant Manager: DIVISION VA-07-V30-15223-08 VA-16.575 Crime Victim Assistance PREVIEW - Corpus Christi, City of i PREVIEW Victims of Crime Act 07/01/2007 - 06/30/2008 0912812008 08/10/2007 Laura Betancotirt CID Award Amount: Grantee Cash Match: Grantee In find Match: Total Project Cost: $43,430.00 814,007.00 $2,400.00 $59,837.00 The Statement of Grant Award is your official notice of award from the Govertfs Criminal Justice Division (CJD). The approved budget is reflected in the Budge Details s tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Juice Division's rules in Title 1, Part 1, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept' button within the 'Accept Award tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund - Specific Requirement(s), if any, cited below: Condition (o) of Funding and der Fund-Specific Requirement(s): 1 2 3 Resolution: Except for state agencies, each applicant agency must submit a resolution from the applicable governing body (such as the city council, county commissioners' court, school board, or board of directors) electronically using the 'Upload' function in the grants system. The resolution states that the governing body has designated die City Manager or his/her designee to save as the Authorized Official for this project. Because the Authorized Official is currently listed as the Chief of Police, a letter from the City Manager designating the Chief of Police as Authorized Official needs to be upload to fib project. The focus of CJD's victim restoration program is to restore crime victims to full physical, mental and emotional health. To achieve this, CJD promotes collaboration and coordination among local service systems that involve multiple disciplines and supports a seamless delivery of a continuum of services that focus on each individual's tern to wellness. CJD has revised the target level data for outcome mcaaure(s ) that track new victimization to zero. The goal of victim restoration is that each victim will receive the components of service that tend to produce restoration to full physical, mental and emotional health. While the mission is full restoration of victims upon thou first delivery of coordinated service, some may return for assistance because they were re-victimized. These victims should be reported to Texas Aithel Public Policy Research Institute (PPRI) during the regular progress reporting periods. This manner of reporting will enable consistent measurement of program effectiveness over a period of time that supports the strategic promise of coordinated services offering s continuum of care; resulting in reduced revicthnization ORDINANCE APPROPRIATING $43,430 FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION, IN THE NO. 1061 POLICE GRANTS FUND FOR FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME ACT (VOCA) FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1■ That $43,430 from the State of Texas, Criminal Justice Division, in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the 28th day of August, 200 7. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form, P, 2007 Joseph Ha ey Assistant City Attorney For City Attorney T4 THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, Ie request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John E. Marez Bill Kelly - - - -- Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott • 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 08128107 AGENDA ITEM: A. Resolution authorizing the City Manager or his designee to execute an interlocat agreement with the Corpus Christi Independent School District in the amount of $6,000 for EUDL grant activities. B. Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Flour Bluff Independent School District in the amount of $2,000 for for EUDL grant activities. C. Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Ca!alien independent School District in the amount of $2,000 for EUDL grant activities. D. Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Tuloso Midway Independent School District in the amount of $2,000 for EUDL grant activities. E. Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the West Oso Independent School District in the amount of $2,000 for EDDL. grant activities. F. Resolution authorizing the City Manager or his designee to execute an interlocal agreement with Texas A M University Corpus Christi in the amount of $5,000 for EUDL grant activities. G. Resolution authorizing the City Manager or his designee to execute an interlocat agreement with the Council on Alcohol and Drug Abuse in the amount of $0,256 for EUDL grant activities. H. Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Corpus Christi Youth Alcohol Awareness Coalition in the amount of $2,000 for EUDL grant activities. ISSUE: The problem of underage possession and consumption of alcoholic beverages in the City of Corpus Christi has been, and continues to be, of significant concern in the community. The program will address this problem and enhance the enforcement of underage dnnlung laws. REQUIRED COUNCIL ACTION: Appropriation of funds. PREVIOUS COUNCIL ACTION: Approval to accept the grant on 6/23107. FUNDING: The Enforcing Underage Drinking Laws grant provides funding for the education and prevention program. CONCLUSION AND RECOMMENDATION: Staff recom . .. . pro : l of the interlocal agreements. I ,/ Bryan P. Smith Chief of Police Attachments: Interlocal Agreements BACKGROUND INFORMATION TA BC has provided grant funding for Year Two to effectively enforce underage drinking laws and to prevent youth access to and illegal use of alcohol. Funds are available by interlocat agreement to support Operation Graduation and other student activities, freshman orientation, printed literature, and other events. Area school districts have provided letters of support for the grant activities and each has a portion of funds to be provided to their district for either new programs or enhancement of existing programs. Texas A&M University is also a participant in an effort to address the on campus issues of underage drinking. The Council on Alcohol and Drug Abuse will serve as the focal point for ordering and distribution of appropriation literature. The partners in this collaboration will be entering into interlo .al agreements with the City to receive funds to support grant activities on their campus. The Intergovernmental Commission on Drug and Alcohol Abuse will serve as the community group designated to review the program activities on a monthly basis. The following school districts will participate through Campus crime Stoppers, development of activities /distribution of literature to enhance their current underage drinking curriculum, Operation Graduation, and public service announcements: O CaIaIIen O corpus Christi O Flour Bluff O TuIoso Mid ay O West Oso • Texas A &M University Corpus Christi • The Corpus Christi Youth Alcohol Awareness Coalition will provide additional focus to underage drinking prevention. • The Council on Drug and Alcohol Abuse will serve as the primary source to assist with the selection of literature, videos, etc. • Crime Stoppers - will focus on party prevention by establishing a "Party Buster' hotline and placing flyers throughout the middle and high schools in the Nueces County area. iNTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ( "City") and the Corpus Christi Independent School District ('CCISD"), collectively known as the "Parties ". Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by increasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regards to adults providing alcohol to underage drinkers. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments, authorized by appropriate actions of their governing bodies and p ursuant to the terms of Texas Government Code, Section 791 .001 et seq., hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide a framework by which the Parties will achieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. The city will provide CCISD funding in the amount of $6,000 and CCISD will use the funds to carry out activities associated with achieving the stated goal. A CC1SD representative will be required to attend monthly meetings and report the progress of the initiative. Receipts for expenditures using the provided funds shall be kept and submitted back to the City. 3. Implementation. The Parties, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement. 4. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 5. Expending Funds. Each Party which performs services under this Agreement will do o with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 6. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, the term of this agreement will expire upon 90 days written notice of either party. 7. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 9. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 10. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 11. alidity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 12. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any govemmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 14. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self - insurance it should maintain for such situations. 15. No Liability of Parties to one Another. one Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims against the other Parties to this Agreement for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 2 1 , Notices. a. Notices under this agreement may be delivered by mail as follows: City, City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 CCISD: Corpus Christi Independent School District Attn: Office of the Superintendent P.O. Box 110 Corpus Christi, Texas 78403 -0110 b. The parties to this agreement may specify to the other party in writing. 17. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Executed in duplicate originals this the day of , 2007. City of Corpus Christi Corpus Christi Independent School District George K Noe City Manager Attest: Board of Trustees Approved as to Legal Form: Armando Chapa Imelda Martinez City Secretary In -House Counsel 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF X6,000 FOR EUDL GRANT ACTIVITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an interlocal agreement between the City of Corpus Christi and the Corpus Christi Independent School District to establish terms for the use of $6,000 for Enforcing Underage Drinking Laws grant activities. ATTEST: Armando Chapa City Secretary APPROVED: Joseph Hrney Assistant City Attorney For City Attorney Resol-Intieg-ccisd-eudlidoc THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael X111 C tchon Re o 4ntAg- sd- eudI.do - - - - -- -- - - -- 2 I [ TE F LOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas "City" and the Flour Bluff Independent School District ("FBISD"), collectively known as the "Parties ". Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by increasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regards to adults providing alcohol to underage drinkers. NOW, THEREFORE E in consideration of the mutual covenants in this Agreement, the participating local governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Government Code, Section 791 .001 et seq., hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide a framework by which the Parties will achieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. The City will provide FBISD funding in the amount of $2,000 and FBISD will use the funds to carry out activities associated with achieving the stated goal. A FBISD representative will be required to attend monthly meetings and report the progress of the initiative. Receipts for expenditures using the provided funds shall be kept and submitted back to the City. 3. Implementation. The Parties, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement. 4. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 5. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 6. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, the term of this agreement will expire upon 90 days written notice of either party. c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 7. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 9. lnterlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the lnterlocal Cooperation Act. 10. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 11. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 12. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 14. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self - insurance it should maintain for such situations. 15. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims 2 against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 16. Notices. a. Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 FBISD: Flour Bluff Independent School District Attn: Office of the Superintendent 2505 Waldron Corpus Christi, Texas 78418 b. The parties to this agreement may specify to the other party in writing. 17. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. ri Executed in duplicate du originals this the p on 9 day of kAs 2007. City of Corpus Christi George K. Noe City Manager Attest: Armando Chapa City Secretary Flour of Independent School District Dr. J Fie Carba Ed.D. Superintendent 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF S2,000 FOR EUDL GRANT ACTIVITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an interlocal agreement between the City of Corpus Christi and the Flour Bluff Independent School District to establish terms for the use of $2,000 for Enforcing Underage Drinking Laws grant activities. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: Joseph Hardfey Assistant City Attorney For City Attorney Resol-IntAg-ft•isd-eudlidoc Henry Garrett Mayor Corpus Christi, Texas of 2007 0 The above resolution was passed by the following vote: Her ry Garrett Melody Cooper Larry Elizondo, Sr. Mike H m ell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Resol-IntAy-fbisd-eudiadoc 2 INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CALALLEN INDEPENDENT SCHOOL DISTRICT This Inter-local Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and the Calallen Independent School District "UUS " , collectively known ern as the "Parties". Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by increasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regards to adults providing alcohol to underage drinkers. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Goverment Code, Section 791.001 et seq., hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide a frame work by which the Parties will achieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. The City will provide CISD funding in the amount of $2,000 and CIS will use the funds to carry out activities associated with achieving the stated goal. CIS representative will be required to attend monthly meetings and report the progress of the initiative. Receipts for expenditures using the provided funds shall be kept and submitted back to the City. 3. Implementation. The Parties, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement. 4. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 5. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 6. Tear of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, the term of this agreement will expire upon 90 days written notice of either party. c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 7. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 9. Inter local cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 10. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 11. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect, 12. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 14. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self- insurance it should maintain for such situations. 15. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims 2 against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 16. Notices. a. Notices under this agreement may be delivered by mail as follows: City: C I S D • City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 CalaIlen Independent School District Attn: Office of the Superintendent 4205 Wildcat Drive Corpus Christi, Texas 78410 b. The parties to this agreement may specify to the other party in writing. 17. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Executed in duplicate originals this tea. day of , 2007. City of Corpus Christi George K. Noe City Manager Attest: Armando Chapa City Secretary Calallen Indep : de School District Dr. Arturo Almendarez, Superintendent Attest: A:4 6- .Feerive.„0-. Name/Title ?at-6 1-• ck 'Ronne to FRAi-- ler; i*emdeptAF 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CALALLEN INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF $2,000 FOR EUDL GRANT ACTIVITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an interlocal agreement ent between the City of Corpus Christi and the Ca !alien Independent School District to establish terms for the use of $2,000 for Enforcing Underage Drinking Laws grant activities. ATTEST: Armando Chapa City Secretary APPROVED: : /111,..1-1-5 # 2007. Joseph blarney Assistant City Attorney For City Attorney Resol-IntAg-cisd-eudi.doc THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas _ of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Resol-IntAg-cisd-eudl.doc 2 INTERLOCAL CAL AGREEMENT BERNEEN THE CITY OF CORPUS CHRISTI AND THE TULOSO-MIDWAY INDEPENDENT T SCHOOL DISTRICT This Inter local Agreement is entered into by and between the City of Corpus Christi, Texas "City) and the Tuloso - Midway Independent School District "T CIS " , collectively known as the "Parties ". Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by increasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regards to adults providing alcohol to underage drinkers. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Government Code, Section 791 .001 et seq., hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide a framework by which the Parties will achieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. The City will provide MUSD funding in the amount of $2,000 and TMISD will use the funds to carry out activities associated with achieving the stated goal. A TMISD representative will be required to attend monthly meetings and report the progress of the initiative. Receipts for expenditures using the provided funds shall be kept and submitted back to the City. 3. Implementation. The Parties, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement. 4. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 5. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 6. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by fhat Party. b. once approved by all Parties, the term of this agreement will expire upon 90 days written notice of either party. o. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 7. Oral and written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 9. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 10. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 11. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 12. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 14. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and wilt determine what level, if any, of insurance or self - insurance it should maintain for such situations. 15. No Liability of Parties to One Another. one Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims 2 against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 16. Notices. a. Notices under this agreement may be delivered by mail as follows: City: TMlS City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Tuloso- Midway Independent School District Attn: Office of the superintendent P.O. Box 10900 Corpus Christi, Texas 78460 -0999 b. The parties to this agreement may specify to the other party in writing. 17. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for are action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Executed in duplicate originals this the City of Corpus Christi George K. Noe City Manager Attest: Armando Chapa City Secretary day of 2007. Tuloso - Midway Independent School District F , , Ati,01A f Dr. Cornelio Gonzalez; PhD. Superintendent Attest: lameTitle 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TULOSO- MIDWAY INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF X2,000 FOR EUDL GRANT ACTIVITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an interlocal agreement between the City of Corpus Christi and the Tuloso - Midway Independent School District to establish terms for the use of $2,000 for Enforcing Underage Drinking Laws grant activities. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 2007. Joseph lmey Assistant City Attorney For City Attorney Resol-IntAg-trnisci-eudi.doc Henry Garrett Mayor Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Horn ell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon F esol -Int - imimudLdo 2 INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRIST! AND THE WEST OSO INDEPENDENT SCHOOL DISTRICT This Interim! Agreement is entered into by and between the City of corpus Christi, Texas "City" and the West Oso Independent School District "'1l OIS " , collectively known as the "Parties ". Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by increasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regards to adults providing alcohol to underage drinkers. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Government Code, Section 791.001 et seq., hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide a framework by which the Parties will achieve their stated goal of i b. Once approved by all Parties, the term of this agreement will expire upon 90 days written notice of either party. c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 7. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 9. interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are local governments" as that term is defined in the Interlocal Cooperation Act. 10. Severability. if any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 11. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 12. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 14. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self - insurance it should maintain ain for such situations. 15. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims 2 against the other Parties to this Agreement for compensation for any Toss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 16. Notices. a. Notices under this agreement may be delivered by mail as follows: City: . City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 v IS : West Oso Independent School District Attn: Office of the superintendent 5050 Rockford Drive Corpus Christi, Texas 78416 b. The parties to this agreement may specify to the other party in writing. 1 7. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Executed in duplicate originals this the day of , 2007. City of Corpus Christi West Oso independ rt School District George K. Noe City Manager Attest: Armando Chapa City Secretary Dr. Cra rd H. Helms, Ed.D. Superin rent Attest: Name/Title 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE WEST 050 INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF 52,000 FOR EUDL GRANT ACTIVITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an lnterlocal agreement between the City of Corpus Christi and the West Oso Independent School District to establish terms for the use of $2,000 for Enforcing Underage Drinking Laws grant activities. ATTEST: Armando Chapa City Secretary APPROVED: , 2007. Joseph Haley Assistant City Attorney For City Attorney Res Woe THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Eli on o, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael M Cut hon l esoI -intA -woi d- udl.doc 2 INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND TEXAS A &M UNIVERSITY- CORPUS CHRISTI This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and Texas A& 1 University-Corpus Christi ("TAMU-CC"), collectively known as the "Parties". Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by increasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regards to adults providing alcohol to underage drinkers, NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating focal governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Government Code, Section 791,001 et seq., hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide a framework by which the Parties will achieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. The City will provide TAMU -CC funding in the amount of $5,000 and TAMU-CC will use the funds to carry out activities associated with achieving the stated goal. A TAMU-CC representative will be required to attend monthly meetings and report the progress of the initiative. Receipts for expenditures using the provided funds shall be kept and submitted back to the City. 3. Implementation. The Parties, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement. 4. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 5. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 6. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party, b. Once approved by all Parties, the term of this agreement will expire upon 90 days written notice of either party. c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 7. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 9. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Inter local Cooperation Act. 10. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 11. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 12. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 14. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self - insurance it should maintain for such situations. 1. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims 2 against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 16. Notices. a. Notices under this agreement may be delivered by mail as follows: City. ■ City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 TAM -CC Teaxs A &M University- Corpus Christi Attn: Office of Student Affairs 6300 Ocean Dr., , Unit 5792 Corpus Christi, Texas 78412 -5792 b. The parties to this agreement may specify to the other party in writing. 17. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Executed in duplicate originals this the day of , 2007. City of Corpus Christi George K. Noe City Manager Univer ' f - orpus Christi la i s Killebrew, PhD. . resident Armando Chapa City Secretary ImelTitle. 5 0/ 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH TEXAS A&M UNIVERSITY- CORPUS CHRISTI IN THE AMOUNT OF X5,000 FOR EUDL GRANT ACTIVITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an interlocal agreement between the City of Corpus Christi and Texas A&M University_ Corpus Christi to establish terms for the use of $5,000 for Enforcing Underage Drinking Laws grant activities. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: , 2007. Joseph Har?rey Assistant City Attorney For City Attorney Resol-IntAg-tarnucc-eudlidoc Henry Garrett Mayor Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Eli undo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael M C u o on Resol-IntAg-tarnucc-eudi.doc - -- - - - - - -- - -- 2 INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE COUNCIL ON ALCOHOL AND DRUG ABUSE- COASTAL BEND This Interloal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and The Council on Alcohol and Drug Abuse - Coastal Bend ("CBCDA"), collectively known as the "Parties ". Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by increasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regards to adults providing alcohol to underage drinkers. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Government Code, Section 791.001 et seq., hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide a framework by which the Parties will achieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. The City will provide CBCDA funding in the amount of $9,256 and CBCDA will use the funds to carry out activities associated with achieving the stated goal. A CBCDA representative will be required to attend monthly meetings and report the progress of the initiative. Receipts for expenditures using the provided funds shall be kept and submitted back to the City. 3. Implementation. The Parties, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement. 4. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. b. Expending Funds. Each Party which performs services under this Agreement will do o with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. i. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, the term of this agreement will expire upon 90 days written notice of either party. c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 7. oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 9. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are ;`governmental functions and services" and that the Parties are "local governments" as that term is defined in the lnterlocal cooperation Act. 10. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 11. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 12. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 14. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 15. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims 2 against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 16. Notices. a. Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 C C A: Council on Alcohol and Drug Abuse - Coastal Bend Attn: Executive Director 1801 So. Alameda, Ste. 150 Corpus Christi, Texas 78404 b. The parties to this agreement may specify to the other party in writing. 17. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of civil Procedure. Executed in duplicate originals this the day of , 2007. City of Corpus Christi Council on Alcohol and Drug Abuse-CB George K. Noe City Manager Dee Ogle, MA, M.Ed., .D.(ABD) Executive Director Attest: Attest: Armando C apa City Secretary Name/ Title 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUNCIL ON ALCOHOL AND DRUG ABUSE IN THE AMOUNT OF $9,256 FOR EUDL GRANT ACTIVITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an interlocal agreement between the City of Corpus Christi and the Council on Alcohol and Drug Abuse to establish terms for the use of $9,256 for Enforcing Underage Drinking Laws grant activities. ATTEST: Armando Chapa City Secretary APPROVED: / ,%1-2-3 , 2007. Joseph Homey Assistant City Attorney For City Attorney esoI -IntA _ a- eudI.do THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! MI Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Resol-IntAg-cbcda-eudi.doc 2 INTERLOCAL LOCAL AG EEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI YOUTH ALCOHOL AWARENESS ESS COALITIOI This Interloal Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and the Corpus Christi Youth Alcohol Awareness Coalition ("CCYAAC"), collectively known as the "Parties". Recitals The Parties recognize that an underage drinking problem exists in the impacted area. The Parties want to achieve the common goal of reducing underage drinking by increasing enforcement activities regarding the sale of alcohol to minors, increasing publicity of underage drinking laws, and enhancing awareness of personal liability in regards to adults providing alcohol to underage drinkers. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments, authorized by appropriate actions of their governing bodies and pursuant to the terms of Texas Government Code, Section 791.001 et seq., hereby agree as follows: 1. Purpose. The purpose of this Agreement is to provide a framework by which the Parties will achieve their stated goal of increasing enforcement and awareness activities with regard to underage drinking. 2. Scope of Services. The City will provide CCYAAC funding in the amount of $2,000 and CCYAAC will use the funds to carry out activities associated with achieving the stated goal. A CCYAAC representative will be required to attend monthly meetings and report the progress of the initiative. Receipts for expenditures using the provided funds shall be kept and submitted back to the City. 3. Implementation. The Parties, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement. 4. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 5. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 6. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by ail Parties, the term of this agreement will expire upon 90 days written notice of either party. c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 7. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 8. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 9. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 10. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 11. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 12. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 13. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 14. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self - insurance it should maintain for such situations. 1. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims 2 against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 16. Notices. a. Notices under this agreement may be delivered by mail as follows: City:r City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 CCYAAC: Corpus Christi Youth Alcohol Awareness Coalition Attn: Chairman 3533 So. Alameda Corpus Christi, Texas 78411 b. The parties to this agreement may specify to the other party in writing. 17. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 1. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. Executed in duplicate originals this the City of Corpus Christi George K. Noe City Manager Attest: Armando Chapa City Secretary day of , 2007. Corpus hristi Youth Athol Awareness Coalition Ka e Beard Cha man Attest;,7 I a4led Name Title 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CORPUS CHRISTI YOUTH ALCOHOL AWARENESS COALITION IN THE AMOUNT OF $2,000 FOR EUDL GRANT ACTIVITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION . That the City Manager, or his designee, is authorized to execute an interlocal agreement between the City of Corpus Christi and the Corpus Christi Youth Alcohol Awareness Coalition to establish terms for the use of $2,000 for Enforcing Underage Drinking Laws grant activities. ATTEST: Armando Chapa City Secretary APPROVED: / Joseph Ha ' ey Assistant city Attorney For City Attorney rtesoI-IntA - woisd- udI.doc , 2007. THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. loll l ke Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon F soI.IntAg woisd- eud1.do 2 5 AGENDA MEMORANDUM Date: August 28, 2007 SUBJECT: South Texas Library System grant for state fiscal year 2007 -2008. AGENDA ITEMS: a) Resolution authorizing the City Manager or his designee to accept a grant in the amount of 508,873 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2007 -2008. b) Ordinance appropriating $ 508,873 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2007 -2008; and declaring an emergency. ISSUE: The Texas State Library and Archives Commission (TSLAC) designates and funds ten regional library systems each fiscal year. Corpus Christi Public Library has been the Major Resource Center for South Texas Library System (STLS) since 1971-72 and continues to be so designated in state fiscal year 207 - 208. The purpose of South Texas Library System is to provide supplementary and auxiliary services to its member libraries in a twenty -six county area of South Texas. Corpus Christi Public Library is both administrative headquarters for STLS and a fully participating member f STLS. The plan of service and budget are developed in consultation with: member library representatives; an advisory council of six laymen; the director of Corpus Christi Public Libraries; and Texas State Library and Archives Commission. Current projects that will be continued are: Administration, Consulting, Continuing Education, Literacy, and Resource Sharing. The contract amount of $508,873 compares to $710,821 for FY 06-07. The difference has been shifted to direct aid to the 54 member libraries per legislature action. The contract provides funds for four full- time staff members, library materials, supplies, equipment, telecommunications, travel, postage, printing, and professional services. Corpus Christi Public Libraries will receive $10,000 in library materials and $1,000 in adult literacy materials. In addi A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $508.873 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO CONTINUE OPERATION OF THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2007 -2008. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to accept a grant in the amount of $508,873 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of South Texas Library System at the Corpus Christi Public Library for state fiscal year 2007 -2008. ATTEST: Armando Chapa Assistant Secretary CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi APPROVED AS TO FORM: August 22, 2007. Veronica Ocanas Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garret Melody Cooper Larry li ndo, Sr. Mike Hurnrnell Bill Kelly Priscilla G. Leal John E. illy a re Nelda Martinez Michael M C tchon AN ORDINANCE C APPROPRIATING $508,873 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION INTO THE LIBRARY GRANTS FUND NO. 1068 TO CONTINUE OPERATION OF THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2007 -2008; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $508,873 from the Texas State Library and Archives Commission is appropriated into the Library Grants Fund No. 1068 to continue operation of the South Texas Library stun at the Corpus Christi Public Library for state fiscal year 2007 - Zoo. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 213th day of August, 2007. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Henry Garrett Mayor AP ROVED AS TO FORM: August 22, 2007 Veronica Ocanas Assistant City Attorney For City Attorney Corpus Christi, Texas day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 1/we, therefore, request that you sus end said Charter rude and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John lla re Nelda Martinez Michael McCutcheon 6 AGENDA MEMORANDUM DATE: August 28, 2007 SUBJECT: Corpus Christi Public Library Interlibrary Loan for state fiscal year 2007 -2008 AGENDA ITEMS: a) Resolution authorizing the City Manager or his designee to accept a grant in the amount of $ 151 ,934 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2007 -2008. b) Ordinance appropriating 151,934 from the Texas State Library and Archives Commission in the no. 1068 Library Grants Fund to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library; and declaring an emergency. ISSUE: The Texas State Library and Archives Commission designates and funds regional Interlibrary Loan Centers in Texas each fiscal year. Corpus Christi Public Library has been a regional referral center since 1967-68 and continues to be so designated in the state fiscal year 2007-2008. The purpose of Interlibrary Loan is to facilitate the lending and borrowing of books and other materials among librari A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $151,934 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO CONTINUE OPERATION OF THE INTERLIBRARY LOAN REFERRAL CENTER AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2007 -2008. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY of CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to accept a grant in the amount of $1 51,934 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2OO7 -2008. ATTEST: Armando Chapa Assistant Secretary CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi APPROVED AS TO FORM: August 22, 2007. , /,• tte Aguila Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Rummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon AN RDIlAfCE APPROPRIATING $151,934 FROM THE TEXAS STATE LIBRARY AND ARCHVIES COMMISSION INTO THE LIBRARY GRANTS FUND NO. 1068 TO CONTINUE OPERATION OF THE INTERLIBRARY LOAN REFERRAL CENTER AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2007-2008; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $151,934 from the Texas State Library and Archives C ommission is appropriated into the Library Grants Fund No. 1068 to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2007 -2008. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the Cit y Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration n f City affairs and 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 • 28th first reading as an emergency measure this the 2 day of August, 2007. upon ATTEST: Armando Chapa City Secretary THE CITY F CORPUS CHRISTI Henry Garrett Mayor APPROVED j TO FORM: August 22, 2007 Yitte Ag A sistant City Attorney For City Attorney Corpus Christi, Texas day of _- - , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting on ordinances at two regular meetings: 1/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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John flare Nelda Martine Michael l l cC utcheo n 7 AGENDA MEMORANDUM Date: August 28, 2007 SUBJECT: South Texas Library System Technical Assistance Negotiated Grant for state fiscal year 2007 -2008 AGENDA ITEMS: a) Resolution authorizing the City Manager or his designee to accept a grant in the amount of $78,250 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at Corpus Christi Public Library for the state fiscal year 2007 -2008. b) Ordinance appropriating $78,250 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1 068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2007-2008; and declaring an emergency. ISSUE: The Texas State Library and Archives Commission designates and funds ten regional library systems in Texas each fiscal year. Corpus Christi Public Library has been the Major Resource Center for South Texas Library System since 1971-72 and continues to be so designated in state fiscal year 2007 -2008. Each regional library system is eligible to apply for a Technical Assistance Negotiated Grant to aid public library staff in using and maintaining information resource technology. South Texas Library System (STLS) provides supplementary services to its fifty -four member libraries in a twenty -six county area of South Texas. The Technical Assistance Negotiated Grant will provide technology support and training to those fifty -four member libraries including Corpus Christi Public Library, which is a fully participating member as well as the administrative headquarters for South Texas Library System. The contract will provide personnel funds for one full time staff member and associated costs for telecommunications, equipment, professional services, travel, and supplies. The City will be reimbursed $4,895 for administering this grant; this indirect cost recovery is calculated at 11.93 percent of salaries. No funding will be required or requested from the City. The grant period is for September 1, 2007 through August 31, 2008. REQUIRED COUNCIL ACTION: Contracts in excess of $25,000 and appropriation of funds require City Council Approval. RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds. Herb Canales Director of Libraries A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $78,25Q AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION TO CONTINUE OPERATION OF THE TECHNICAL ASSISTANCE NEGOTIATED GRANT PROGRAM ADMINISTERED BY THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2007 -2008. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to accept a grant in the amount of $78,250 and to execute a contract and all related documents with the Texas State Library and Archives Commission t continue operation of the Technical Assistance Negotiated Grant administered by the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2007 -2008. ATTEST: Armando Chapa Assistant Secretary CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi APPROVED AS TO FORM: August 22, 2007. tte A A sistant City Attorney For City Attorney Corpus Christi, Texas 2007 The above resolution was passed by the following vote: Henry Garrett - -- - Melody Cooper Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael M Cut hon AID ORDINANCE APPROPRIATING $78,250 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION INTO THE LIBRARY GRANTS FUND NO. 1068 TO CONTINUE OPERATION OF THE TECHNICAL ASSISTANCE NEGOTIATED GRANT PROGRAM ADMINISTERED BY THE SOUTH TEXAS LIBRARY SYSTEM AT THE CORPUS CHRISTI PUBLIC LIBRARY FOR STATE FISCAL YEAR 2007 -2008; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $78,250 from the Texas State Library and Archives Commission is appropriated into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2007 -2008. SECTION . 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 readin g as an emergency measure this the 28th day of August, 200 7. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor PPROVED TO FORM: August 22, 2007 Yv e Ag As start City Attorney For City Attorney Corpus Christi, Texas day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the charter rule as to consideration and voting on ordinances at two regular meetings: liwe, 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John Mare Nelda Martinez Michael McCutcheon 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 28, 2007 SUBJECT: Police Department HVAC System Change Order No. 1 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to a construction contract for the Police Department Chilled Water Plant Upgrade 2006 with Weathertrol, Inc. of Corpus Christi, Texas in the amount of $37,56OE00 for the installation of an outside air handling unit for the Police HVAC System. ISSUE: Replacement of the existing air hander was not included in the original construction contract. The failed gas chillers required immediate replacement precluding a thorough documentation of the entire HVAC system. Now that work is near completion it is necessary to add this component to improve the quality of indoor air and to increase the efficiency of the new system. Prior to 200 6, the Police Building's existing chilled water equipment consisted of two gas - fired absorption water chillers which were repeatedly failing. Attempts to repair the units were unsuccessful and in 2006 when both units failed a design contract was issue to replace them. A 150-ton temporary chiller was leased to allow for building occupancy while the upgrade was in process. The cost of the leased unit required the repairs to be expedited and only a limited investigation of all components was performed. It is necessary to replace the existing air handier at this time for maximum effectiveness and efficiency. FUNDING: Funding for this project is available from Police Annual Operating Budget. CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended as presented. F el F. Escobar, P. E. Director of Engineering Services grA5/07 Attachments: Exhibit "A" Background Exhibit "B" Change Order Summary Exhibit "C" Location Map I-I:1H ME\LVND \ ENIP LI E1 4 O - Chiller UpgradekC01 Memo.DOC BACKGROUND INFORMATION SUBJECT: Police Department HVAC System — Project No. 5190 Change Order No. 1 CHANGE ORDER: : Change Order No. 1 will result in the removal of an inoperative outside air handling unit. A replacement air handling unit with the required capacity will be installed in the same area of the building (elevator penthouse mechanical room). The replacement unit is more compact than the unit being replaced. This allows the unit to be installed in the elevator mechanical room with room to facilitate service and maintenance. Outside air is necessary to properly condition the interior air of the building. The replacement air handler will allow the new HVAC system to operate with greater efficiency. The quality of the indoor air will also be improved with an operational outside air handier. RECOMMENDATION: ENS ATIOI It is recommended the motion be approved as presented. PRIOR COUNCIL ACTIONS: May 23, 2006 a. Ordinance appropriating $43,500.O0 from the unappropriated fund balance of the Maintenance Services Fund No. 5110 for the Police Department Chilled Water Plant Upgrade - 2006; amending the FY 2005 2006 Annual Operating Budget adopted by Ordinance No. 026385 by increasing appropriations by $43,500.00; and declaring an emergency. b. Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Stridde Callins & Associates, of Corpus Christi, in the amount of $43,500.00 for the Police Department Chilled Water Plant Upgrade — 2006. December 19, 2006 a. Motion authorizing the City Manager, or his designee, to execute a lease purchase agreement with Bank of America in the amount of $569,500.00 for the Police Department Chilled Water Plant Upgrade 2006 project. b. Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $569,500.00 with Weathertrol, Inc. of Corpus Christi, Texas for the Police Department Chilled Water Plant Upgrade 2006 project. PRIOR ADMINISTRATIVE E ACTION: October 18, 2005 — Award of a contract for engineering services with Stridde Callins Associates in the amount of $6,320.00 for evaluation of the Police Department Building Chilled Water Plant. t nilD r 2006 Award of an asbestos survey contract to All Points Environmental in the amount of $994.00 for Police Department Chilled Water Plant Upgrade — 2006 — Asbestos Survey. EXHIBIT Page 1 of 2 H :1H MEILYNDAS\ Eh IP LUCE1 1 O - Chiller Upgradel OIExhA.doc Sep ,l ber 2 _, Zoo — Award of Ratification ation and Amendment No. 1 to All Points Environmental additional sampling in the amount of $90.00 for Police Department Chilled Water Plant Upgrade — 2006 — Asbestos Survey. September 2 , 2006 - A ward of Amendment No. 2 to All Points Environmental for roof preparation of asbestos abatement specifications and monitoring plan in the amount of $2,325.00 for Police Department Chilled Water Plant Upgrade — 2006 — Asbestos Survey. October 30, 2006 - Award of Amendment No. 3 to Alt Points Environmental for roof sampling report in the amount of $417.00 for Police Department Chilled Water Plant Upgrade — 2006 — Asbestos Survey. November 8, 2006 — Award of Amendment No. 1 to Stridde Callins & Associates in the amount of $3,500.00 for design of roof repairs associated with the Police Department p Chilled Water Plant Upgrade — 2006. FUNDING: Funding for the Change Order is available from the Police Department Annual Budget. EXHIBIT Page 2 of 2 W:1H ME \LVN AS\ EN\P LI E1 1 0 - Chiller UpgradekCOlExhA.doe DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET AUGUST 28, 2007 PROJECT: Police Department chilled Water Plant Upgrade 2006 Project No: 5190 APPROVED: City Council on 12/19/06 - Motion No. M2006-420 CONTRACTOR: Weathertrol, Inc. 4219 Baldwin Blvd. Corpus Christi, TX 78405 TOTAL CONTRACT AMOUNT $569,500.00 25% Limit Amount 142,375 00 Change Order No. 1 (08/28/07) 37,660.00 Total 37,660.00 = 6.60% < 25% Exhibit Pagel of 1 H:IH IEILI NC AS1 E 1P LI 1 1 O - Chiller Upgrade\COlExhildoc Fife : J r 'e t oun ilex ibits e h l O. dw POLICE DEPARTMENT CHILLED WATER PLANT UPGRADE -2006 (CHANGE ORDER NO. 1) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of DATE: 12-04-2006 UMW EMI tamemeolftrem 1 9 AGENDA MEMORANDUM AGENDA ITEM: August 28, 2007 Motion authorizing the City Manager, or his designee, to execute an Infrastructure Participation Agreement with John Breton, owner and developer of Kitty Hawk Unit 1, located east of County Road 41 and south of South Staples Street (FM 2444) in the amount of $24,618.08 for the future construction of Kitty Hawk Drive Bridge, in accordance with Platting Ordinance Section I .A.16. ISSUE: John Bratton, developer of Kitty Hawk Subdivision Unit 1, submitted participation agreement documentation for future construction of Kitty Hawk Drive Bridge, in accordance with the Platting Ordinance, Section IV-Design Standards, Subsection A. 16. The Kitty Hawk Unit 1 participation amount for the future bridge construction is $24,618.08. Mr. Bratton will deposit this amount with the City to hold until it is required for the Kitty Hawk Drive bridge construction. REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a Participation Agreement with John Bratton in compliance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion as presented. klalAt Deborah A. Marroquin, P,E. Interim Director of Deve1opm nt Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Background Information Location Map Box Culvert Detail Cost Estimate Participation Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The platting and development of Kitty Hawk Unit 1 requires the developer to construct a bridge on Kitty Hawk Drive (Exhibit C . Kitty Hawk Unit 1 is located east of County Road 41 and south of South Staples Street (FM 2444) (Exhibit i . Platting Ordinance Section 1.A. 16 requires the developer to construct, at his or her entire expense, a crossing of a drainage way if the ultimate bottom width of the drainage way is equal to or less than 15 feet. If two or more developers own property adjacent to the drainage way, they shall each deposit an equal share of the estimated cost of the bridge or drainage way crossing. The bridge will be constructed when each developer involved has deposited his /her share of the cost of construction. If the ultimate bottom width of the drainage way exceeds 15 feet, however, the City may participate in the cost of bridge construction. The amount of the City's participation is determined by taking the ultimate bottom width, subtracting the minimum 15 foot bottom width, dividing this amount by the ultimate bottom width and multiplying the result by the applicable construction cost. The property on the opposite side of the drainage way from Kitty Hawk Unit 1 is not presently being platted or developed. Therefore, it is the intent of this agreement that the Developer for Kitty Hawk Unit 1 deposit his /her share of the estimated cost of the Kitty Hawk Drive bridge with the City, where it will be held in trust until the remainder of the property adjacent to the drainage way in the vicinity of the proposed bridge location develops. A subsequent participation/reimbursement agreement and bridge construction would be required in conjunction with the subsequent development. Any City participation would also be included in the subsequent bridge participation/reimbursement agreement. The proposed drainage way in the vicinity of the Kitty Hawk Drive Bridge has an ultimate bottom width of 26 feet. This drainage way, as well as the Kitty Hawk Drive Bridge, is based on the more conservative design criteria included in the City's proposed Storm Water Master Plan. As a result, the bridge opening is approximately 30 percent larger than what would be required under existing drainage design criteria. The developer is requesting that the City participate in the bridge cost based on the 26 foot bottom width versus the 15 foot minimum. In addition, the developer is requesting that the City fund the portion of the bridge construction costs associated with meeting the higher design standards. To quantify the "over sizing" bridge construction costs, the existing King Trail Bridge, located approximately 1,900 feet do wnstream of the proposed Kitty Hawk Drive Bridge was used as a benchmark. This bridge structure was designed and built in accordance with existing design standards. ftxMbitA The engineer's cost estimate for the proposed Kitty Hawk Drive bridge is $173,868.35 (Exhibit D). Using the formula from the Platting Ordinance, total developer participation would be 15 =26 x $173868.35 = $100,308.66 (Kitty Hawk Unit 1 developer participation would be half of this amount, or $50,154.33.) The City's participation would be $173,868.38 minus $100,308.66 or $73,559.72. The engineer's cost estimate for the existing King Trail Bridge is $85,342.67, based on current day unit prices. Using the formula from the Platting Ordinance, total developer participation would be (15+26) $85,342.67, or $49,236.16. (Kitty Hawk Unit 1 developer participation would be half of this amount, or $24,61 8.08.) If the developers' participation is limited to the $49,23616 amount based on existing design standards, the City's participation for the proposed Kitty Hawk Drive Bridge, constructed to the proposed higher design standards, will increase to the difference between $1 73,868.35 and $49236. 1 , or $124,632.19. This is a net increase in future City participation of $51 ,072.47. If the "over sizing" option is not implemented, the proposed Kitty Hawk Drive bridge structure will be designed and constructed to current standards. Upgrading the structure to higher design standards at a later date would be entirely the responsibility of the City through the Capital Improvement Program. In the worst scenario, this could involve complete removal and replacement of the bridge structure at a cost significantly higher than $173,868.35. LExhibitA KITTY HAWK -UNIT '�• BRIDGE PARTICIPATION AGREEMENT REVISIONS engineering-diving-surveying LOCATION MAP iSHEET NO. R4E„ Inc. Engrg- pX‘irg- S{Irrs P.O.Hoc Mi. Corpus Christi. Tens 7840 820 6krtfab ,SI., Corpus Christi, Too 73401 Owns: 381 .8WT.M51 fat 381.887.8855 . -rno , m me"inc.' 1 OF 1 uITSVO- TrIC,COM Kitty Hawk Unit 1 Bridge Participation Cost Breakdown 820 Bu lo, Corpus Christi, T 78401-221. . D. Box 2927, Corpus Christi, TX 75492 _361) 887-8851 FAX 1) 887 : rvearve- inc.cor wo . ae-in .00rrr rlita gria. engineering-diving-surveying KITTillillilillnil.=.111111/11111111111HAWK DRIVE BRIDGE COST (PROPOSED NEW DRAINAGE CRITERJA) ITEM DESCRIPTION 1 2" HMAC 1 2 Prlme Coat 3 r Gauche Base 11.97 4 1 0* Lime Treated S * i de • $ 7.89 i L Curti -- 13.92 4' Sidewalk ' ,040 4.47 ward Rail 220 $ 48,00 8 Guard Rail End Treatments EA 2 $ 2,200.00 9 Tx 5' Box Culvert ifr_ 336 $ 297.00 10 Box Culvert Headwall with Vlgwalls EA 2 $ 8,500.00 11 Removal of Earth Berm CV 12 Removal of Rip Rap CY Off c 13 Removal of Of Str re EA 14 Real of 48" RCP LF 244 3.12 152 5.00 - - 1 $ 200.00 13 5 84.00 TOTAL COST $ 5,309.20 $ 202.80 $ 8,224.40 $ 5,014.88 $ 3,61 9.20 $ 4,848.80 10,560.00 4,400.00 $ 99,792.00 1 7,000.00 MIN =NM Subtotal: Testing: 7.56E ! -� ♦ MEM TOTAL: 761.28 760.00 200.00 1,092.00 159,584.56 2,314.95 _$ 11,968.84 173,868.35 i Parit i • ' on 28-1 26 *Subtotal z $73,559.89 Develop r Paritcipadon Unit 1 = 1/2 * 15/ ' Sal = $50,1 54.33 KING TRAIL BRIDGE COST (EXISTING DRAINAGE C IT IA) Page 1 of 1 ITEM DESCRIPTION IT JUAN. UNIT TOTAL PRICE ` -- COST Page 1 of 1 PARTICIPATION AGREEMENT STATE OF TEXAS COUNTY OF NUECES This Participation Agreement "Agreement" is entered into between the City of Corpus Christi (hereinafter "City"), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and John Bratton, 8320 S. Staples Street, Corpus Christi, Texas 78413 (hereinafter "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 51.284 acres called Kitty Hawk Unit 1 located east of County Road 41 and south of South Staples Street (FM 2444), as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a concrete box culvert bridge; WHEREAS, under the Platting Ordinance, the Developer is eligible for partial reimbursement of the Developer's costs for the construction of a concrete box culvert bridge; WHEREAS, it is essential that the concrete box culvert bridge be constructed on Kitty Hawk Drive larger than is required for Kitty Hawk Unit 1 because it will provide a future street connection to the south over the existing 150-foot drainage right of way; WHEREAS, the City agrees to fund the over -size portion of the bridge because the increased capacity of the bridge will accommodate future development in the area; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. PARTICIPATION. a. Developer Participation. Developer agrees to deposit with the City the sum of $24,61 8.08 in lieu of constructing the concrete box culvert bridge. Developer's contribution is calculated as follows: The engineer's cost estimate for the existing King Trail Bridge is $85,342.67, based on current day unit prices. Using the formula from the Platting Ordinance, total developer participation would be (15+26) $85,342.67, or $49,236.16. (Kitty Hawk Unit 1 developer participation would be half of this amount, or $24,618.08.) - 1 - Exhibit E 2. BRIDGE CONSTRUCTION The Kitty Hawk Drive bridge will be constructed when each involved developer has deposited his/her share of the construction costs. 3. SITE IMPROVEMENTS Prior to construction of the concrete box culvert bridge, the Developer shall acquire and dedicate to the City the required utility easement or right -of -ray for the installation of the concrete box culvert bridge. 4. DEPOSIT OF DEVELOPER'S PAYMENT The City will deposit the developer's participation payment into an interest bearing account identified and used for the holding of funds for the future construction of the Kitty Hawk Drive bridge. The funds shall be used only for the construction of the Kitty Hawk Drive bridge. Interest earned shall be used only for the construction of the Kitty Hawk Drive bridge. 5. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 2. 6. EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE TE originals, this day of , 2007. ATTEST: CITY OF CORPUS CHRISTI -- - - -- By: Armando Ch pa, City Secretary George K. Noe, City Manager APPROVED: day of , 2007 By: Gary W. Smith Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2007, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas By. J DEVELOPER: John Bratton h B ra►tto n THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on B raft ' n. otary Public, State of - xas 2007, John IY F N 0 fi a SECTION 7 SECTION 30 SECTION 31 F. M. ROAD 2 444 MARS HILL DR. SECTION A SECTION 31 COUNTRY CREEK JER . . D 0 NICAL DENS ARK CORPUS CHRIS t' IAJ Z c (SOUTH STAPLES STRE= SECTION 30 SECTION 33 SECTION 31 SECTION 3 PROPOSED BRIDGE 0 w -J ( w z 0 0 c4Sb GRAPHIC SCALE 0 1 G00 1 2000' KITTY HAWK -UNIT 1 BRIDGE PARTICIPATION AGREEMENT AS NOTED REVISIONS e lneerir - druing- surveying LOCATION MAP Exhibit 1 SHEET NO. Inc. Engineering-Diving - n4 P.O.Box 2927. Corpu Midi. Texoa 78403 820 Buffalo S#., Cap Chef %i, Tem 78401 phone: 361.887,685i fax: 361.887.8855 a -mc : meinv-inc.com tinryr.r i-inc.00m CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME v 4-6P tvisi,fr . STREET: 4).6 _S 5T' LE-5 CITY: CO?uS(t42 Co ZIP: 12ci I • FIRM .1 ,� . Corporation 2. Partnership 3. Sole Owner , 4. Association 5. Other - DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ", Name Job Title and City Department (if known) Pt State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm ". Name Title N1f� N \ kr- 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked ed on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name CERTIFICATE Consultant I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: (Type or Print) Signature of Certifying Person: Title: vi NI ea.. Date: 11TxhibilE1 10 AGENDA MEMORANDUM AGENDA ITEM: August 28, 2007 a. Motion approving the first amendment to the Sanitary Sewer Truck Force Main and Lift Station Construction and Reimbursement Agreement submitted by Oak Properties, owner and developer of Tumstone Subdivision for the construction of Master Plan Lift Station No. , located on Slough Road east of Rodd Field Road; and b. Ordinance appropriating $131,429.13 from the Sanitary Sewer Trunk System Trust Fund No. 540450- 21800-4220 to pay Oak Properties for the construction and installation specifed in the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement; and declaring an emergency. ISSUE: Oak Properties, owner and Developer of Tumstone Subdivision publicly bid the scope of this project and the low bid on the project construction is substantially greater than the original cost estimate. The Developer's consulting engineer requested the Agreement be amended to reflect the higher cost RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Deborah A. Marroquin, .E. Interim Director of Development - rvices Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit Background Information Location Map Original Cost Estimate First Amendment Cost Estimate Letter from engineer listing reasons for amendment First Amendment To Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Tumstone Subdivision Unit 1 (formerly known as Moses} Meadow Subdivision) (Exhibit B ) required the construction of Master Plan Lift Station No. 13 and Force Main. Council approved the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement between the City and Oak Properties on January 16, 2007 and appropriated $757902. 1 7 for construction of the new lift station and force main by Ordinance No. 027113. The total reimbursement amount of $757,902.17 includes $583,289.00 for the estimated construction cost of the new lift station and force main, $105,71 2.97 for professional services provided by Urban Engineering, and ÷/-10% contingency of $68,900.20 (Exhibit C}. The project was bid and Lakemont Construction had the lowest bid at $899,290.00. The low bid was $116,001.00 higher than the project construction budget of $583,289.00. Lakemont Construction negotiated price reductions with its subcontractors that amounted to $22,900.00. The engineer recommended that the pace reduction of $22,900.00 be retained in the First Amendment Cost Estimate. The new total cost for the lift station and force main is $889,331.30 (Exhibit D). Urban Engineering, Inc. requested the City prepare the first amendment (Exhibit 9 to the original agreement to reflect the increased construction cost The engineer listed the reasons for the amendment in a letter to the deputy Director of Development Services dated August 7, 2007 (Exhibit E). The amount of additional funds that must be appropriated is $131 ,429.13 ($889,331.30 ; $757,902.17 = $131,429.13). Reimbursement can be invoiced on a monthly basis and is payable upon completion and acceptance of the lift station and force main work f each component with the actual reimbursement to be determined based on the actual construction .ost and not to exceed $889,331.30. Exhibit A Page 1 of 1 ,i, ��.. L y�t- t-'.�yk i 1 Y�' - r4 tii� ii if - 911"2 d a ii "1" a iiiii 1r "'. FiriEril I 4 "PIMP! ! T. i'lb kiiiiiiiiii I i I Exhibit Page 1 of 1 ORIGINAL COST ESTIMATE PRELIMINARY REIMBURSEMENT ESTIMATE PROJECT: SLOUGH RD LIFT STATION Item Descri tion A. 10" PVC FORCE MAIN IMPROVEMENTS 1 10" PVC Force Main 2 10" D.I. M.1 Bend 3 Air Release Valve 4 OSHA Trench Protection 5 Tie to Manhole 6 Signs B. LIP' STATION IMPROVEMENTS 1 Precast Concrete Fence 2 13' Slide Gate 3 Concrete Paving 4 8" Lime Stab. Subgrade 5 Lift Station 6 Power Supply As Necessary 7 Well PointingfDewatering 8 Landscaping/Irrigation 9 SCADA Provided by Rabalais 10 Flow Meter 11 Gate Card Reader Provided by Total Protection Systems 12 18" PVC (18' -20' Cut) 13 5'Dia.MH 18'- 20'Deep) 15 OSHA Trench Protection C. MISCELLANEOUS 1 Pollution Prevention Items 2 General Conditions/'Bondsllnsurance 3 Traffic Control 4 Land D. ENGINEERING AND ADMINISTRATION 1 Engineering 2 Geotechnical Report 3 Construction Surveying @ 3% 4 Surveying and Easement Recording 5 Inspection by Design Engineer/ Owner's Representative [ExhibC DATE: 07/07/06 1013 NO.: 40071.A6.LS Quantity + 5% Unit Unit Price Total Amoun 1,017 LF 4 EA 1 EA 1,017 LF 1 EA 3 EA $25.00 $650,00 $5,500.00 S2.00 $2,500.00 $150.0 FORCE MAIN SUB -TOTAL 320 LF $90.00 1 EA $8,000.00 145 SY 555.00 159 SY $45.00 1 LS 5260,000.00 1 LS 510,000.00 1 LS 530,000.00 1 LS 53,00.00 1 LS 530,000.00 1 EA 517,500.00 1 LS 532,000.00 35 LF 5120.00 1 EA 510,000.00 65 LF 510.00 Lam' STATION SUB-TOTAL 1 LS 1 LS 1 LS 1 LS 525,425.00 52,600.00 55,500.00 52,034.00 52,500.00 5450.00 538,509.00 528,800.00 58,000.00 57,975.00 57, 155.00 5260,000.00 510,000.00 530,000.00 53,000.00 530,000.00 5 17,500.00 532,000.00 $4,200.0 5 10,000.00 $650.00 $449,280.0 $4,500.00 54,500.00 550,000.00 550,000.00 56,000.00 56,000.00 $35,000.00 S35 000.00 MI CELLANE [J SUB-TOTAL 595,500.00 CONSTRUCTION TOTAL LS LS LS LS LS 563,814.30 53,000.00 517,498.67 510,000.00 511,400.00 ENG. AND ADMIN. SUB-TOTAL TOTAL CONTINGENCIES I@ +/ -10% [GRAND TOTAL 5553,289.00 563,814.30 53,000.00 517,498.67 510,000.00 511,400.00 5105,712.97 5689,001.97 $68,900.20 5757,902.17 FIRST AMENDMENT COST ESTIMATE PRELIMINARY REIMBURSEMENT ESTIMATE PROJECT: SLOUGH RD LIFT STATION Item Descri • tiori A. FORCE MAIN IMPROVEMENTS 1 10" PVC Force Main 2 10" D.I. 45 Degree Bends 3 10" DJ. 22 1/2 Degree Bends 4 OSHA Trench Protection 5 Tie to Existing Gravity Manhole 6 18" Steel Casing 7 Asphalt Pavement Repair B. LIFT STATION IMPROVEMENTS 1 10" Ductile Iron Header & Supports 2 8" Check Valves 3 8" Plug Valves 4 8" D.I.90 Degree Bends 5 10" Check Valve 6 12' Diameter Fiberglass Wet Well 7 Pumps and Controls 8 SCADA Provided by Rabalais 9 Flow Meter in Manhole 10 0' Sliding Access Gate & Card Reader 11 3' Man Gate 12 6' Precast Concrete Fence 13 8" Concrete Paving 14 ASP Cost to Provide Power 15 Lift Station Dewatering 16 Gravity Line Dewatering 17 18" PVC 18 5' 0 Fiberglass Manhole 19 Site Grading 20 Landscaping 21 Irrigation C. MISCELLANEOUS IMPROVEMENTS: 1 Mobilization 2 Pollution Prevention Items 3 Testing for Groundwater Discharge 4 5 Traffic Control D. ENGINEERING AND ADMINISTRATION 1 Engineering 2 Geotechnical Report 3 Construction Surveying I@ 3% 4 Surveying and Easement Recording 5 Inspection by Design Engineer/ Owner's Representative ntative DATE: 08/06/07 5013 NO.: 40071.A.LS Quantity + 5% Unit Unit Price Total Amount 1,021 LF 537.00 4 EA 5500.00 2 EA 5500.00 40 LF 5 1.00 1 LS $4,000.00 35 LF 5125.00 267 SY 535.00 1 LS 550,000.00 2 EA $1,600.00 2 EA 51,600.00 2 EA 5350.00 1 EA 52, 600.00 1 LS 5210,000.00 1 LS 570,000.00 1 LS 533,625,00 1 LS 527,000.00 1 LS 530,000.00 1 LS 53,000.00 349 LF 5110.00 1,902 SF 512.00 I LS 522,979.00 1 LS 55,000.00 59 LF $40.00 59 LF 5225.00 1 EA 516,000.00 1 LS $5,000.00 1 LS 520,000.00 1 LS $9,600.00 537,777.00 52,000.00 51,400.00 $40.00 54,000.00 $4,375.00 $9,345.00 - $58,537.00 $50,000.04 53,200.00 53,200.00 5700.00 52,600.00 5210,000.00 570,000.00 533,625.00 527,000.00 530,000.00 53,000.00 538,390.00 522, 824.00 522,979.00 $5,000.00 52,360.00 51 3,275.00 516,000.00 55,000.00 $20,000.00 59,600.00 5588,753.00 1 LS 550,000.00 550,000.00 I LS 5500.00 $500.00 1 LS 5500.00 5500.00 1 LS 50.00 $0.00 1 LS 51,000.00 $1 000.00 MISCELLANEOUS SUB -TOTAL 552,000.00 CONSTRUCTION TOTAL LS LS LS LS LS 563,814.30 53,000.00 520,978.70 510,000.00 511,400.00 ENG. AND ADMIN. SUB - TOTAL TOTAL CONTINGENCIES @ + / -I0% GRAND TOTAL VII -1 5699,290.00 563,814.30 53,000.00 520,978.70 510,000.00 - - 511,400.00 5109,193.00 5808,483.00 S80,84&30 5889,331,.30 Exhibit D [_11RBAN ENGINEERINK3 August 7, 2007 Juan Perales, Jr, 12.E. Interim Assistant Director of Development Services City of Corpus Christi 2406 Leopard Suite 100 Corpus Christi, TX 8408 Subject: Qft$tatioril3 Reimbursement + Teem w t Dear Mr. Perales: Job No. 40071.A . LS Oak Properties had a public bid opening for the subject project on July 12, 2007. Upon opening the bids, it became apparent that the estimated cost of construction was inadequate. The construction allowance in the reimbursement agreement was $583,289. The low bid was $699,290 for a difference of $11 6,001. 1 have spoken with the low bidder, Lakemont Construction, and compared the original estimate for the reimbursement with the final project. 1 have found the foowing items that have contributed to the price i After being made aware of the budget issue, Lakernont Construction negotiated some price reductions with its subcontractors in the amount of $229OO. This leaves the project short approximately $931O1.00. Because these price increases could not be reasonably foreseen, we are hereby reques#uig an amendment to the reimbursement agreement be iwe n the City and Oak Properties to increase the construcdon budget from 1583289.00 to N99,290.00 plus a total project contingency of $80,84830 (1O%). The total project coat would illaVall0 from $757,902.17 to $889,331.30. A breakdown of the cost estirtiate has been attached for your reference. Please let me know if you need any additional information to include this on the City Council agenda at the earliest opportunity. RCUI enclosures Gene Graham Oak Properties Gar' Meurer — Lakemont Construction File SinoemlY, URBAN ENGINEERING Rhodes "Chip" Urban, F.E. FIRST AMENDMENT To SANITARY SEWER TRUNK FORCE MAIN AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This agreement amends Section 10.a. of the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement ("Agreement"), dated January 16, 2007 between the City of Corpus Christi ("City"), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas 78469 -9277 and Oak Properties, "Developer"), a Texas partnership, 6000 South Staples Street, Suite 408, Corpus Christi, Texas 78413, the Agreement is incorporated herein by reference, the same as if recited herein verbatim, the terms and conditions shall remain in force and effect, except as amended. C. Section 10. of the Agreement is revised to read: 10. REIMBURSEMENT URSEMENT a. The City will reimburse Developer 100% of the cost of the Master Plan Lift Station No. 13 and Sanitary Sewer Trunk Force Main, not to exceed $889,331.3 , upon satisfactory completion, testing, inspection, and compliance with approved plans and specifications. See attached cost estimate (Exhibit 4). Exhibit F Page 1 of 3 EXECUTED IN TRIPLICATE originals, this day of , 2007. DEVELOPER: Oak Properties, a Texas partnership By: Gene Graham General Partner THE STATE OF TEXAS COUNTY F NUECES This instrument was acknowledged before me on the day of , 2007, by Gene graham, General Partner, Oak Properties, Inc., a Texas partnership. Notary Public, State of Texas Page 2 of CM( OF CORPUS CHRISTI ("City") P. 0. Box 9277 Corpus Christi, Texas 78469 Telephone: (3 61) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: Armando Chapa George K. Noe City Secretary City Manager APPROVED AS TO FORM: This day of , 2007. Gary W. Smith, Assistant City Attorney For the City Attorney THE STATE OF TEXAS COUNTY TY F N ECES This instrument was acknowledged before me on the day of , 2007, by George K. Noe, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas Page 3 of 3 FIRST AMENDMENT COST ESTIMATE PRELIMINARY REIMBURSEMENT ESTIMATE PROJECT: SLOUGH RD LIFT STATION Item Description A. FORCE MAIN IMPROVEMENTS 1 10" PVC Force Main 2 10" D.I.45 Degree Bends 3 10" DJ. 22 1/2 Degree Bends 4 OSHA Trench Protection 5 Tie to Existing Gravity Manhole 6 18" Steel Casing 7 Asphalt Pavement Repair B. LIFT STATION ATI IMPROVEMENTS 1 10" Ductile Iron Header & Supports 2 " Check Valves 3 8" Plug Valves 4 8" al. 90 Degree Bends 5 lO" Check Valve 6 12' Diameter Fiberglass Wet Well 7 Pumps and Controls 8 SCADA Provided by Raba lais 9 Flow Meter in Manhole to 20' Sliding Access Gate & Card Reader 11 3' Man Oate 12 6' Precast Concrete Fence 13 8" Concrete Paving 14 AEP Cost to Provide Power 15 Lift Station Dewatering 16 Gravity Line Dewatering 17 18" PVC 18 5' 0 Fiberglass Manhole 19 Site Grading 20 Landscaping 21 Irrigation C. MISCELLANEOUS IMPROVEMENT'S: TS: 1 Mobilization 2 Pollution Prevention Items 3 Testing for Groundwater Discharge 4 5 Traffic Control Quantity + 5% DATE; 08/06/07 JOB NO.: 40071 . A6. LS Unit Unit Price Total Amount D. ENGINEERING AND ADMINISTRATIOE 1 Engineering 2 Oeotechnical Report 3 Construction Surveying c 3% 4 Surveying and Easement Recording 5 Inspection by Design Engineer/ Owners Representative 1,021 LF 4 EA 2 EA 40 LF 1 LS 35 LF 267 SY $31.00 5500.00 5500,00 51.00 54,000.00 5125.00 535.00 1 LS $50,000.40 2 EA $1,600.00 2 EA 51,600.00 2 EA 5350.00 1 EA 52,600.00 1 LS 5210,000.00 1 LS 570,000.00 1 LS 533,625.00 1 LS 527,000.00 1 LS 530,000.00 1 LS 53,000.00 349 LF 5110.00 1,902 SF $12.00 1 LS 522,979.00 1 LS 55,000.00 59 LF 540.00 59 LF 5225.00 1 EA 516,000.00 1 LS 55,000.00 1 LS 520,000.00 1 LS 59,600,00 537,777.00 52,000.00 51,000.00 540.00 $4,000.00 54,375.00 59,34 .00 558,537.00 550,000.00 53,200.00 53,200.00 5700.00 52,600,00 52 10,000.00 570,000.00 533,625.00 527,000.00 530,000.00 53,000.00 538,390.00 522, 824.00 522,979.00 55,000.00 52,360.00 513,275.00 516,000.00 55,000.00 520,000.00 • 5588,753.00 1 LS 550,000.00 550,000.00 1 LS 5500.00 5500.00 1 LS 5500.00 5500.00 1 LS $0.00 50.00 1 LS 51,000.00 51,000.00 MISCELLANEOUS SUB -TOTAL 552,000.00 CONSTRUCTION TOTAL L.S LS LS LS LS 563,814.30 53,000.00 520,978.70 510,000.00 511,400.00 _ ENG. AND ADM. SUB - TOTAL TOTAL CONTINGENCIES @ +/ 4O./. _ GRAND TOTAL 5699,290.00 $63,814.30 53,000.00 520,978.70 510,000.00 1 1,400.00 5109,193.00 5808,483.00 580,848.30 5889,33130 Exhibit Page 1 of 3 AN ORDINANCE APPROPRIATING F Ro THE SANITARY S E 11�E R TRU N K SYSTEM TRUST FUND NO. 540450 -21800 -4220 TO PAY OAK PROPERTIES FOR THE CONSTRUCTION AND INSTALLATION SPECIFIED IN THE SANITARY SEWER TRUNK FORCE MAIN AND LIFT STATION CONSTRUCTION REIMBURSEMENT ENT AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $131 , . 42913 is appropriated from the Sanitary Sewer Trunk System -� -4220 to pay Oak Properties, owner and developer of Trust Fund No. � X18 y Turnstone Subdivision, for the construction of Master Plan Lift Station No. 13, located on Slough Road east of Rodd Field Road. SECTION upon on written request of the Mayor or five council members, copy attached: the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon r meetings so that this ordinance is passed and shall take ordinances at two reguia �n effect upon first reading as an emergency this the 2 of August, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: August 22, 2007 By: ,4Y Oary)W. Smith Assistant City Attorney For City Attorney Henry Garrett Mayor FL‘LE -DIRk har dl ar l genda1 2007 8- 1O D- pprop akProp rti -Turn tone -1ifk tation.do Page 2 of 3 Corpus Christi, Texas Day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas forth in the emergency clause of the foregoing ordinance an For the reasons set fo g � emergency exists requiring F suspension of the Charter rule as to consideration and voting upon ordinances at to regular meetings: Ire, therefore, request that you suspend said Charter rule and pas§ this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the ,following vote: Henry Garret _ Melody Cooper - Larry Elizondo, Sr. — - Mike H mmell - - Bill Kelly - - - Priscilla G. Leal ..� John E. Marez Nelda Martinez Michael Mcctch ors H: LE -D11 \ haredi ry lagenda\2007\8 -2 1 F D- Appropo CProperties- Turnstone -lit' tatior .doo 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 28, 2007 AGENDA ITEM: Motion approving an admission fee for Bayfest of five dollars, $5.0 per day for adults and three dollars, $3.00 per day for military, seniors and children between the ages of seven to twelve. Children ages six and under are admitted free. Bayfest will be held September 28-30, 2007. ISSUE: Organizers of the Bayfest asked for permission to charge five dollars ($5.0O) per day for adults and three ($3.00) per day for military, seniors and children between the ages of seven to twelve. Bayfest will be located in downtown Corpus Christi on the Bayfront. REQUIRED COUNCIL ACTION: City Council must approve associated fees for admission. PREVIOUS COUNCIL ACTION: City Council approved admission fees in previous years. FUNDING: N A CONCLUSION AND RECOMMENDATION: Staff` recommends approval of the motion as presented. Sat y Gavl Parks an Attachments: None ire or ecreation Department 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 28, 2007 AGENDA ITEM: AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A LEASE AGREEMENT WITH BAYFEST INC, FOR BAYFEST 2007 AND RELATED ACTIVITIES TO ALLOW USE OF SHORELINE BLVD. FROM IH 37 TO THE CONVENTION CENTER COMPLEX INCLUDING BARGE DOCK AREA, AND ADDITIONAL LOT BOUNDED BY SHORELINE BLVD., FITZGERALD, WATER AND PALO ALTO STREETS AND ADDITIONAL LOT BOUNDED BY SHORELINE BLVD. AND FITZGERALD, WATER AND RESACA STREETS DURING SEPTEMBER 17 THROUGH OCTOBER 7, 2007; PROVIDE FOR BAYFEST, INC. PAYING 50% POLICE AND 100 % OF ALL OTHER CITY COSTS; AND DECLARING AN EMERGENCY. ISSUE: Council is requested to approve the lease to authorize use of City property for Bayfest events. REQUIRED COUNCIL ACTION: City Council's action is required for lease agreements and to authorize fees charged in conjunction with closing of streets for public events. PREVIOUS COUNCIL ACTION: City Council has approved previous Bayfest lease agreements. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this ordinance. ki.r. Sally Gavlik, Director Parks and Recreation Department Attachment: Lease Agreement ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A LEASE AGREEMENT WITH BAYFEST INC. FOR BAYFEST 2007 AND RELATED ACTIVITIES TO ALLOW USE OF SHORELINE BLVD. FROM IH 37 TO THE CONVENTION CENTER COMPLEX INCLUDING BARGE DOCK AREA, AND ADDITIONAL LOT BOUNDED BY SHORELINE BLVD., FITZGERALD, WATER AND PALO ALTO STREETS AND ADDITIONAL LOT BOUNDED BY SHORELINE BLVD. AND FITZGERALD, WATER AND RESACA STREETS; DURING SEPTEMBER 17 THROUGH OCTOBER 7, 2007, PROVIDE FOR BAYFEST, INC. PAYING 50% POLICE AND 100 % ALL OTHER CITY COSTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with Bayfest, Inc. for Bayfest 2007 and related activities. A copy of the lease agreement in substantial form is attached as an exhibit. The Agreement provides for use of Shoreline Blvd. from IH 37 to the Convention Center Complex including Barge Dock Area and additional lot bounded by Shoreline, Fitzgerald, Water and Palo Alto Street and additional lot bounded by Shoreline Blvd., Resaca, Water and Fitzgerald Streets during September 17 through October 7 2007, as described in the Lease agreement. The Agreement also provides for Bayfest, Inc. paying 50% of police costs and 100% all other city costs. 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 28th day of August, 2007. ATTEST: Armando Chapa City Secretary Approved: August 22, 2007 By:�- Lisa Aguilar Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas Day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon State of Texas § BAYFEST SHORT TERM 2007 LEASE Know All By These Presents: Page 1 of 17 County of Nueces § This short term LEASE AGREEMENT is between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City"), acting through its City Manager or designee, and Bayfest, Inc., a Texas non -profit corporation, ( "Bayfest "), acting through its duly designated agent, and in consideration of the covenants contained herein. 1. Definitions. a. City - means the City of Corpus Christi, a Texas home -rule municipal corporation. b. Bayfest - means Bayfest, inc., a Texas non -profit corporation. c. Bayfest's Agent — means a duly authorized representative of Bayfest, Inc. d. Premises - means the site for the Bayfest Event, including parking Tots, the barge dock, etc, as more fully described on the attached and incorporated Exhibit A. e. Event - means the annual festival and related activities sponsored by Bayfest. f. City Manager - means the City's City Manager or designee. g. Parks Director - means the City's Director of Parks and Recreation or designee. h. City Traffic Engineer - means the City's Traffic Engineer or designee. i. Police Chief - means the City's Police Chief or designee. j. Risk Manager - means the City's Director of Risk Management or designee. k. City Attorney - means the City's Attorney or designee. I. Projects —means Bayfront realignment repairs and renovations. The Projects will affect parking, streets, and Premises identified in this Lease. m. City Secretary - means the City's City Secretary or designee. 2. Term. This Lease Agreement takes effect upon execution by the City Manager. Bayfest will be entitled to non - exclusive use (for purposes of set -up and take -down) of the Premises for a period of twenty (21) consecutive days and to the exclusive use of said Premises for a period of up to four (4) days within the twenty (21) day period, all during the month of either September or October; provided, however, Bayfest may H:\LEG -DIR \Lisa \Park and Rec 200718ayfest .2007.Short.Term.Lease.doc Page 2 of 17 terminate this Lease by giving written notice of cancellation at least three (3) months prior to the first day of the twenty (21) day use period. The use periods are more fully described in Exhibit B incorporated and attached hereto. City Manager may authorize amendment to Exhibit B for the year 2007. 3. Premises. City grants to Bayfest the privilege of using the following described City property to conduct its annual Bayfest Event: Shoreline Blvd. and the sidewalks, medians and seawall along Shoreline Blvd. between Interstate Highway 37 and the Bayfront Arts and Science Park; the barge dock; and the vacant city block bounded by Resaca, Fitzgerald, Chaparral and Water Streets, said areas being more fully described in Exhibit A (i.e., "Premises ").Bayfest must at all times keep an unobstructed pavement corridor at least twenty -five (25) feet wide on the west side of this portion of Shoreline Blvd. for emergency vehicle use. In addition, landscaped areas within the Premises must be protected during the Event. Note: This Lease does not include the American Bank Center or parking lots adjacent to the American Bank Center. Use of any of these facilities will be covered under a separate agreement. The street closure process will govern street closures. 4. Premises Revisions. Requests by Bayfest for use of additional City -owned areas requires prior written approval from the Parks Director. No concession stand, rides or other apparatus connected with Bayfest may use the grassed or shrubbed areas within the Bayfront Science Park without prior written permission from the Parks Director. Use of the Water Garden must be approved by Parks Director. The Parks Director may require that Bayfest secure written permission from other tenants, e.g., Art Museum of South Texas, Harbor Playhouse, Corpus Christi Museum of Science and History. If Exhibit A is revised, a new Exhibit A will be filed with the City Secretary and Parks Director and will supersede the existing Exhibit A. Any new Exhibit A becomes effective upon its fling with the City Secretary. 5. Event Layout Diagram (Exhibit C, preliminary, attached). Bayfest must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. Special Event Fee. Bayfest must pay City a one -time Special Event Permit fee of $150 as per City ordinance. 7. Payment of City Costs. In consideration for the use of City property Bayfest will pay the City within 30 days after the City submits a bill to Bayfest for the actual costs incurred for services rendered, including, but not limited to, any City services provided by the Parks & Recreation Dept., Police Dept., and any other City department. H:ILEG- DIR\LisalPark and Rec 20071Bay fest.2007.Shorl.Term.Lease.doc Page 3 of 17 The Parks Director will bill Bayfest for these costs within thirty (30) days after the Event each year. The bill will provide an itemized breakdown of the City charges for services rendered (setup and takedown, Event clean up, street sweeping and repair categories). Upon receipt of written request of Bayfest's Agent, the Parks Director will furnish reasonable supporting documentation of these charges within ten (10) calendar days. If there is a hurricane or other storm event that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance levels, the City Manager is delegated the authority to adjust the billing of City's Direct Costs. A. Direct Costs. City's Direct Costs in assisting with the Event include but are not limited to: 1. Damages to City property within the Premises as a result of the Event, which will be billed at the cost of repair. Damages may be repaired by Bayfest, subject to approval of the Director. 2. Costs of labor contracted for clean up, or additional clean up required by the Director of relevant City departments, at applicable City rates for the year billed; see B.1. and Section 22. below. (Bayfest will be given the opportunity to hire and work its own clean -up crew during and after the Event.) 3. Costs of Police Officers provided for security, crowd control, traffic control, and off -site traffic control, at applicable city rates for the Police Officers assigned. Bayfest will be responsible for 100% of all City non - police Direct Costs and 50% of police actual costs for 2007 Event. 4. Costs of set -up and takedown, at applicable city rates for the employees assigned for the year billed, see B.2. And B.3. below. Parks Director will provide an annual itemized bill of Direct Costs, if any, within 30 days after the Event closes. Bayfest will pay City's Direct Costs, if any, as billed within 30 days after Parks Director tenders bill to Bayfest. B. City Services. Billing and Payment will be made as set out in Section 7 above for the following list of actual services actually provided by the City at each annual Event ( "City Services ") including but not limited to: 1. Provide Premises ground and street trash removal services, up to approximately six (6) trash (brush) trucks and approximately 100 trash barrels, as available, for placement in designated areas in and around the Premises. Bayfest must provide plastic trash bags for the trash barrels. 2. Furnish and transport approximately 80 picnic tables, as available, to and from the Premises, for the. Event annually. 3. Provide Park Construction Crews one 8 -hour day before and after the Event (two days total) annually to transport Bayfest's property to and from Bayfest's H:1LEG- DIR1LisalPark and Rec 200716ayfest .2O07.Short.Term.Lease.doc Page 4 of 17 warehouse; remove hay and sand from designated Bayfest Premises; and dispose of used vendor tickets. 4. Furnish and/or transport barricades, signs, cones, etc. to the Premises (see Section 13). 5. Provide other services requested by Bayfest's Agent. C. Notice of Costs. At least 60 days before the Event the Parks Director, Police Chief, and City Traffic Engineer will meet with Lessee representatives and execute an exhibit describing City Services to be provided for the Event and the cost to be paid to City. That exhibit shall be attached as Exhibit E. Notwithstanding the cost shown in Exhibit E, Lessee shall be liable for all actual cost incurred by City related to the Event even if the actual cost exceeds the cost shown in Exhibit E. D. Late Payment Fee. Bayfest's failure to pay City's bill within 30 days after submittal to Bayfest shall result in a late payment fee being assessed against Bayfest. The late payment fee shall be 5% of the amount due, as shown on City's bill, and said fee will be added to the amount payable to the City. 8. Deposit. Bayfest must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse the City for any costs incurred for trash pick up or removal of any structures or repairs to City property. If no costs are incurred and Direct Costs are paid, the deposit will be returned to Bayfest within 30 days after the Event. 9. Annual Planning Meetings. Four months prior to each year's Event the Parks Director, Street Director, Police Chief, and City Traffic Engineer will meet with Bayfest representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. Bayfest Agent may request additional meetings. 10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: If to Lessee: Director of Parks and Recreation Bayfest, Inc. City of Corpus Christi P.O. Box 1858 P.O. Box 9277 Corpus Christi, TX 78403 -1858 Corpus Christi, TX 78469 -9277 (361) 880 -3461 (361) 887 -0868 H:1LEG- DIR\UsalPark and Rec 20071 Bayfest .2007.Short.Term.Lease.doc Page 5 of 17 FAX (361) 880 -3864 FAX (361) 887 -9773 11. Temporary Street Closures (Exhibit D, attached). Upon making application to and receiving permission from the City each year for the temporary closing of the street to traffic in accordance with City ordinances, Bayfest may block off Shoreline Boulevard northbound and southbound North of IH 37. A portion of the east leg of Shoreline Boulevard will be kept open for continuous northbound traffic flow into the American Bank Center and Art Museum up until the first day of the Event. Except as set out in the temporary closure ordinance, Bayfest must not obstruct or interfere with traffic upon Shoreline Boulevard, either northbound or southbound at any time. Upon confirmation of street closures by the City Council, Bayfest may block off (except to local traffic) the sections of Hughes, Resaca, Fitzgerald, Palo Alto, Power and Belden streets between Shoreline Boulevard and North Water Street and the section of North Water Street between Fitzgerald and Palo Alto, for the purpose of placing support services and equipment associated with the Event, in accordance with the Event Layout Diagram (Exhibit C, preliminary, attached) approved by the City Traffic Engineer and Parks Director. Bayfest must provide the Traffic Engineer and the Parks Director its Event Layout Diagram (Exhibit C, preliminary, attached) for the Bayfest Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure not later than June 1st annually. All temporary street closures are subject to the requirements of City Ordinances, Sections 49 -15 to 49 -18, as may be amended, and require the City Council to confirm the closures. The decision to confirm the closure of the streets is within the sole discretion of the City Council acting upon the application at the time the application is submitted. 12. Parking. Bayfest will provide parking and signage for people with disabilities in close proximity to the Event entrance and its related activities defined on the Premises map (Exhibit A). In addition, Bayfest will provide no more than 5 parking passes for City personnel scheduled to work during the actual Event and related activities. 13. Barricades, Traffic Signs. Bayfest must provide barricades and traffic signs required by the City Traffic Engineer that include temporary directional signage to the nearby attractions /facilities affected by the street closures and traffic circulation around the Event. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. Bayfest must pay the cost of additional signage. 14. Signage and Advertising. On Premises signage and advertising proposed for the Event must receive the Parks Director's prior written approval. Bayfest's Agent may request inflatable advertising only for Events that receive national television exposure, which must be pre - approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. H:1LEG- DIR \LisaTark and Rec 20071 Bayfest .2007.Short.Tenn.Lease.doc Page 6 of 17 15. Rest Rooms, Drinking Water and First Aid. Bayfest must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A first aid station must also be provided throughout the duration of the Event. 16. Insurance. Bayfest's Agent must famish to the Risk Manager Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have at a minimum, policy limits of $1,000,000 Combined Single Limit per occurrence for personal injury, death, and property damage. Bayfest and its volunteers, contractors and subcontractors driving on the Premises must have automobile liability insurance, which covers all owned and non -owned automobiles on Premises with at least the statutory bodily injury $20,000 per person, $40,000 per occurrence, $15,000 property damage limits. Bayfest's contractors and subcontractors that deliver tents, temporary structures, stages, bleachers, and other large items utilized for the Event must have owned and non -owned automobile insurance with at least a $500,000 combined single limit. Bayfest must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and limits of $5,000 for medical expenses. If alcohol is served at any of Bayfest's Events on Premises then Liquor Liability insurance in the amount of $1,000,000 combined single limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Bayfest must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non - exclusive use period each year. Bayfest must require all volunteers to sign an accident waiver form that Bayfest must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, Bayfest must furnish the Risk Manager with copies of all reports of these accidents at the same time that the reports are forwarded to any other interested parties. In addition, Bayfest must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non- renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to Bayfest. 17. Indemnity. Bayfest must indemnify and hold City, its officers, agents and employees ( "Indemnitees "} harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent the damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees H:1LEG- DIRlLisalPark and Rec 20071Bayfest .2007.Short.Term.Lease.doc Page 7 of 17 or on the part of Bayfest or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Bayfest, Inc. Lease to use the Premises and those portions of Shoreline and streets that are closed and the adjacent portions of the road median and the barge dock to set up and take down, hold attend, or participate in Bayfest and associated activities, on the premises with the expressed or implied invitation or permission of Bayfest, or when the injury or damage is the result, proximate or remote, of the violation by lndemnitees, Bayfest, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when the injury or damage may in any other way arise from or out of the improvements located on the Premises herein or out of the use or occupancy of the improvement to the Premises or the Premises itself by Indemnitees, Bayfest, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of lndemnitees, and in all cases where Indemnitees actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. Bayfest covenants and agrees that if City is made a party to any litigation against Bayfest or in any litigation commenced by any party, other than Bayfest relating to this Bayfest Lease, Bayfest shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. Safety Hazards. Bayfest, upon written notice of identified safety hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the safety hazard, within six hours or other time frame specified in the written notice of safety hazards. 19. Damages to City Property. City will provide Bayfest's Agent a punchlist of damage to City property defined in the Premises within 2 days after the close of the Event annually. Bayfest will restore all items on the punchlist within 3 days after receipt of the punchlist. If Bayfest fails to restore all items on the punchlist, Parks Director may do so and bill Bayfest for Direct Costs, as set out in Section 7 above. Bayfest or its agent must fill and compact all holes in grassy areas made by Bayfest or any entity or person participating in the Event. Parks Director must approve fill H:1LEG- DIR1LIsaTark and Rec 20071Bayfest .2007.Short.Term.Lease.doc Page 8 of 17 material. Any subsidence within the Premises must be additionally filled by Bayfest or its agent until no subsidence occurs. 20. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City's Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. 21. Permits. Bayfest must require all vendors to obtain and comply with appropriate permits, including. permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the City - County Health Department for the sale of foods and the protection of the public welfare. Bayfest's Agent will notify the Parks Director of any special conditions imposed by any permitting agency. Any vendor that sells alcoholic beverages must fumish proof of Liquor Liability Insurance in the same amounts set out in Section 16. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event annually. Bayfest must also obtain a Street Closure Permit from Traffic Engineering, a Temporary Promotional Event Permit from Building Inspection, a Fireworks Permits from the Fire Department, and any permits required by the Coast Guard for water events. Bayfest's Agent will notify the Parks Director of any special conditions imposed by any permitting agency. 22. Cleanup. Bayfest must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Bayfest may designate the zone, but it will not be less than 10 -feet by 20 -feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by Bayfest and taken to a location designated by Bayfest. Bayfest may hire and work its own clean -up crew during and after the Event. If the Parks Director determines that additional clean -up is necessary, she will give Bayfest's Agent 2 hours notice to increase services and if it is still unsatisfactory Parks Director may authorize use of city workers, to be reimbursed by Bayfest. Bayfest must install screens, approved by the Stormwater Superintendent or designee, across all storm water inlets along Shoreline within the Premises (from the North end of the barge dock to the East Side of the intersection of Shoreline and IH 37). Drainage must not be blocked. Bayfest must remove the screens within the non - exclusive use period after the close of the Event. However, Bayfest must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the Stormwater Superintendent or designee. 23. Construction. The construction work for displays and stages must be conducted in accordance with City building codes and restrictions. Construction that causes damages will only be allowed if Bayfest provides the Parks Director prior written assurances that Bayfest will remedy said damages in accordance with Section 19 above and Parks Director approves the construction in writing. H:1LEG- DIR1LIsa \Park and Rec 20071Bayfest .2007.Short.Term.Lease.doc Page 9 of 17 24. Temporary Buildings. Bayfest must receive prior written approval from the Parks Director to place any temporary buildings on the grounds of the Premises. Otherwise all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All the buildings must be removed within the non - exclusive use time period. 25. Electrical & Water Services. Electrical and water service is not provided on or at the Premises. Lessee must apply for and secure a Temporary Promotional Event Permit from the City's Building Inspection Division in order to install electrical service for the Event. Furthermore, a Certificate of Occupancy must be signed by the proper inspectors to have all temporary services, such as food, electrical, plumbing, tents and structures, inspected and approved. It is the responsibility of Lessee to call each inspector for an appointment to inspect and obtain approval for each temporary service prior to the commencement of the Event. 26. Permissible Vendor Location Markings. No paint or semi - permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 27. Dispute Resolution. City and Bayfest agree that any disputes which may arise between them concerning this Lease Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding a billed amount, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten (10) days after the written decision of the City Manager has been sent to Bayfest. In the event of appeal, the decision of the City Council will be final. This Lease Agreement in no way waives Bayfest's rights to seek other legal remedies during the appeals process. 28. Fire Lanes. Bayfest's Agent must at all time during the Event and the non - exclusive use period, maintain fire lanes upon the Premises as may be designated by City's Fire Chief. The fire lanes must be kept clear of all obstructions. Bayfest must, at all times in its use of the Premises, provide driveway access for trucks and emergency equipment to the service entrance of the American Bank Center, the Art Museum of South Texas, the Corpus Christi Museum of Science and History, and the Corps of Engineers by keeping the driveways open and unoccupied by structures or automotive equipment. 29. Assignment. Bayfest may not assign or transfer this Lease nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. H:ILEG- DIR1l.isalPark and Rec 20071Sayfest ,2007.Short.Term.Lease.doc Page 10 of 17 30. Breach, Termination. Any failure on the part of Bayfest to perform any of the covenants contained in this Lease, or any breach of any covenant or condition by Bayfest entitles City to terminate this Lease without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Bayfest is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Bayfest and the sums inure to the benefit of City as a set -off against any debt or liability of Bayfest to City otherwise accrued by breach hereof. 31. Right of Bayfest to Use Public Streets. Bayfest acknowledges that the control and use of public streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Bayfest with the terms and conditions contained within this Lease. 32. Not Partnership or Joint Venture. This Lease may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from Bayfest by the City are compensation for provision of City services as described herein and for the right of Bayfest to use public property for the limited purpose described herein. 33. City Services Subject to Appropriation. Bayfest recognizes that the services provided by the City pursuant to this Lease are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 34. Compliance with Laws. Bayfest must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Bayfest's sole expense and cost. 35. Non - discrimination. Bayfest warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 36. Fence. Bayfest may provide a temporary six -foot (6') chain Zink fence, with gates for access, as shown on Exhibit A, attached and incorporated. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with Bayfest's needs upon Parks Director's concurrence. If Exhibit A is revised, a new Exhibit A will be filed with the City H:1LEG -D RlLisalPark and Rec 20071Bay fesL2007.Short.Term.Lease.doc Page 11 of 17 Secretary and will supersede the existing Exhibit A. Any new Exhibit A becomes effective upon its filing with the City Secretary. 37. Admission Fee. Bayfest may charge an admission fee. Special events connected with Bayfest may charge another fee to help defray the cost of entertainment. 38. Security. Bayfest must provide uniformed Security Officers during the Event, and after the Event closes each night until it opens the next day. Bayfest will assign the Security Officers duties. Security Officer means swom peace officers directly paid by Bayfest. Provided, however, that the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "Security Officer" will include a licensed security guard as well as a swom peace officer. If the City's Police Chief determines it is necessary, he will assign Police Officers to provide off -site crowd and traffic control including cross walks and intersections within one -half mile of Event site, as needed, and include costs of police officers in the Direct Costs per Section 7 above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 39. Publication. Bayfest agrees to pay the costs of newspaper publication of this Lease and related ordinance as required by the City Charter. 40. Entirety Clause. This Lease Agreement and the incorporated and attached exhibits constitute the entire Lease Agreement between the City and Bayfest for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its exhibits, of the terms, conditions, promises, and covenants relating to Bayfest's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on -i\1r. v,,s \ c:7X) 2007. LESSE BAYF .INC. e Name: S ke. E . President STATE OF TEXAS COUNTY OF NUECES . H:ILEG- DIR1LisalPark and Rec 20071Bayfest .2007.5hort.Term.Lease.doc Page 12 of 17 Th' instrument was acknowledged before me on Q 070 x.067 , 2007, by E. 7�1s .� _ , President of Bayfest, Inc., f Texas non - profit corporation, on b - alf of the • oration. otary Public, State of Te '- s alb /oW a°I My Commission Expires ATTEST: Armando Chapa City Secretary APPROVED June 12, 2007 Seal: \\ +``0111111IlI1i.flrll,1 p ?),414/1." p 0 P r Notary's Printed , XPiREr. CITY OF CORKM. i TI z George K. Noe City Manager Lisa Aguilar, Assistant City Attorney for City Attomey H:1LEG- DIR \LisaTark and Rec 20071Bayfes t.2007.Short.Term.Lease.doc OruuniOrmilririirjrriirrO KEY: N SCALE: 1"=350' — BAYFEST LIMITS C\ ■ EXHIBIT "A" SUBJECT: BAYFEST 2007 LOCATION MAP - SITE PLAN - Traffic 6►gNroerirg Div. &gleaming Services Dept EXHIBIT B BAYFEST YEAR 2007 Page 14 of 17 NON- EXCLUSIVE: 8:00 a.m. Monday, September 17, 2007 through 8:00 p.m. Sunday, October 7, 2007. EXCLUSIVE: 12:00 p.m. Thursday, September 27, 2007 through Sunday, September 30, 2007. H:1LEG- DIR\Usa \Park and Rec 20071Baytest .2007.ShorLTerm.Lease.doc f 77777 77797 73763 777x7 Hill as **a f�iPP 1711 � IIII' f r { +f ItI: E fl 1 • • ( e PT gill 11111 1[111 lir II r If I ' i it EXHIBIT "D" SUBJECT: BAYFEST 2007 TEMPORARY STREET CLOSURE - SITE PLAN - Traffic Engineering Div, Engineering Services Dept. Exhibit E Services to be provided by City, and cost estimates BAYFEST 2007 Estimated Expenses* Page 17 of 17 Parks and Recreation (credit account 343697- 1020 - 12910) $ 21,000.00 Police(28,900 AT 50 %) $ 14,450.00 Fire $ 75.00 Street Services $ 1,250.00 TOTAL: $ 36,775.00 *Bayfest may or may not use all services estimated on this sheet. H:ILEG- DIR \LisalPark and Rec 20071Bayfest .2007.Short.Term.Lease.doc 13 AGENDA MEMORANDUM DATE: August 28, 2007 SUBJECT: Revision to the requirements for temporary street closure AGENDA ITEM: Ordinance amending Chapter 49: Streets and Sidewalks, Division 2: Temporary Closure of Streets, Section 49 -17: Conditions and Requirements for Permit, Repealing and Replacing Subsection (f) to require written notice instead of written approval; allowing for written notice to be given to tenants and building managers; requiring posting of same inside entrances to multi- tenant buildings; providing for severance; and declaring an emergency. ISSUE: As a result of the difficulties experienced by applicants for temporary street closure permits, it is proposed the ordinance be revised to improve the process and encourage public events that promote the City. The current requirement to obtain a permit to temporarily close streets for an event is too restrictive and discourages events in the City. Traffic Engineering and the City's Legal Department have reviewed Section 49 -17 of the code and revised it as shown in Exhibit C. This revision will remove the necessary written approval requirement and replace it with a written notice requirement. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. REQUIRED COUNCIL ACTION: Council approval is required to repeal and amend an ordinance. RECOMMENDATION: Approval of the ordinance as presented. 71 . fie Zae,L. f R. Escobar, P.E. Director of Engineering Services Additional Support Material 1. Exhibit "A" - Background Information 2. Exhibit "B" - Existing Ordinance 3. Exhibit "C" - Proposed Change in Conditions and Requirements for Permit H:SHOMEILYNDASIGEN\Tr881c Eng1Ordinance for temporary street closureWGENDA MEMO.doc BACKGROUND INFORMATION SUBJECT: Revision to the requirements for temporary street closure PROJECT BACKGROUND: Prior to the temporary closure of any street, the sponsor must agree to comply with the conditions and requirements outlined on Section 49 -17 of the city code. In the past there have been instances where the owner could not be found or contacted to get the required signature. Under the current ordinance, one person or business could stop a major public event by refusing to grant written approval for the temporary street closure. This item will is designed to alleviate problems with the current ordinance and streamline the process for event organizers. Staff recommends approval of the amendment to the ordinance implementing the more lenient notice instead of approval requirements as shown in Exhibit "B" — Current Ordinance ORDINANCE CHANGES: 1. Instead of written approval for the temporary street closure by the managing tenants or managing property owners, now only a notice of the temporary street closure must be furnished and posted at least two (2) weeks prior to the required City Council meeting at which the motion to approve the permit will be considered. 2. The applicant / sponsor of the temporary street closure must give written notice by using the standard approved form supplied by the Traffic Engineer. 3. The applicant / sponsor of the temporary street closure must furnish approved written notice to: a. All tenants occupying property abutting any portion of the street to be closed to vehicular traffic. b. All building managers and property managers of all multi - tenant properties abutting any portion of the street to be closed to vehicular traffic. c. In the event the property is vacant, the notice must be mailed to the property owner's last known address as per the Nueces County Tax Appraisal District's records. 4. The applicant/sponsor must post the approved written notice on the inside of entrances to affected multi- tenant buildings. 5. A minimum of 2 weeks Notice of Public Meeting is required and must include: a. The proposed temporary street closure location and date b. Date, time and location of the City Council meeting at which approval of the permit is scheduled. EXHIBIT A Page 1 of 1 H:SHOMEILYNDASGEMTraffic Eng\Ordinante for temporary street closure \BACKGROUND.doc DIVISION 2. TEMPORARY CLOSURE OF STREETS Sec. 49 -15. Permit required; application No streets shall be closed temporarily nor shall any street right -of -way be used in such a manner as to impede the free flow of traffic without the issuance of a permit by the city as provided herein. Any sponsor of an event desiring to close (1) or more streets for said event shall make application therefore on forms furnished by the city containing such information as the city may require including, but not limited to, the date and location of the event, the name of the sponsoring organization, the purpose of the event, and a diagram illustrating the street or streets to be closed and the layout of activities. The application must be submitted at least twenty (20) working days prior to the event and must be accompanied by an application fee as hereinafter provided to cover administrative costs. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 1, 9 -20 -1988) Sec. 49 -16. Issuance of permits; classification of events. Upon the review and recommendation of the application by the city, permits may be issued for the temporary closure of a street or streets in the following manner: (a) Neighborhood events. For neighborhood events at which no admission is charged and no items are sold and which require the closure of residential neighborhood streets for Tess than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. A permit application fee of forty dollars ($40.00) is required for such events. (b) Small events. For small events which require the closure of one (1) or more minor streets adjacent to churches, schools, or other public institutions, not involving extensive detouring of traffic and not requiring closure for more than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. For the purposes of this section, the term "minor streets" shall mean any streets other than arterial and collector streets as classified on the urban transportation plan. A permit application fee of two hundred dollars ($200.00) is required for such events. (c) Large events. For all other events, which shall be treated as large events, including, but not limited to, events which require the closure of one (1) or more major streets or involve more extensive detouring of traffic, permits may only be issued by the city manager upon the approval of the city council expressed by motion. A permit application fee of two hundred dollars ($200.00) is required for such events. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 2, 9 -20 -1988) Sec. 49 -17. Conditions and requirements for permit. Prior to the temporary closure of any street, the sponsor must agree to comply with the conditions and requirements for such temporary closure imposed by the city including, but not limited to, the following: (a) All events shall be open to the public and admission shall be free. Exhibit "B" Existing Ordinance Page 1 of 3 (b) All profits derived from the event shall be used for charitable purposes. (c) Insurance policies naming the city as an additional insured shall be obtained with minimum coverage for small events of five hundred thousand dollars ($500,000.00) /five hundred thousand dollars ($500,000.00)lone hundred thousand dollars ($100,000.00) and for large events of five hundred thousand dollars ($500,000.00)lone million dollars ($1,000,000.00) /one hundred thousand dollars ($100,000.00). Certificates evidencing the required coverage shall be supplied the city at least five (5) days prior to the event. (d) The sponsor shall agree to indemnify and forever save harmless the city from any claims arising from the event. (e) Sufficient barricades shall be obtained by the sponsor and placed in accordance with a plan approved by the traffic engineer. (f) Written approval for the temporary street closure must be obtained from (1) one hundred (100) per cent of the managing tenants or, if the property is vacant, managing property owners of the property abutting that portion of the street to be closed to vehicular traffic; and (ii) for the Downtown Management District area only (bounded by Lower Broadway, Interstate 37, Shoreline Boulevard (including the marina areas), and Kinney Street), ninety (90) per cent of the managing tenants, or, if the property is vacant, managing property owners of the property abutting that portion of the street to be closed to vehicular traffic. (g) Adequate restroom facilities must be provided to accommodate the needs of the public. (h) All other permits required by the state or any other public authority must be obtained by the sponsor at least two (2) weeks prior to the event. (i) All security shall be provided by the sponsor. (j) Any construction of booths, stages, displays, electrical services and plumbing shall comply with the relevant city codes and shall be in accordance with the layout approved in the permit. (k) A sufficient supply of potable water shall be supplied within the event site. (I) Adequate first aid stations shall be provided by the sponsor. (m) The sponsor shall provide continuous cleaning of the site during the event and at the conclusion of the event restore the site to the same condition it was in prior to the event. Any damaged public property shall be restored by the sponsor upon conclusion of the event. (n) Vehicles shall be prohibited from parking on grass areas within the street right -of- way. (o) No paint or other markings shall be permitted which in any way obliterate or deface any pavement markings. (p) Provision shall be made for the free passage of emergency vehicles into the event area in case of emergency. (q) City council may authorize a regularly schedule event such as Bayfest or Buccaneer Days to charge an admission fee. (r) The city council by motion may authorize temporary closure of a street for producing a historical, cultural, documentary, promotional, or other similar motion picture, or for conducting a comparable event, which will promote the city. In addition to the application fee required by section 49 -16, before the permit is issued the sponsor shall pay the same occupancy charges that would be required by section 53 -195 for a Exhibit "B" Existing Ordinance Page 2 of 3 contractor occupying public right -of -way during erection, construction or repair of a building. If the city council finds that producing the motion picture or conducting the event in the city will provide sufficient favorable publicity and economic benefits to justify waiver, the council may waive the payment of said occupancy charges and may waive the requirements of subsections (a) and (b) above. In addition to the foregoing conditions and requirements, the city may require such other conditions or requirements as are reasonably necessary to fit the particular needs of the event in order to ensure the public safety and protect public property. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 22157, § 1, 2 -21 -1995; Ord. No. 23128, § 1, 11 -11 -1997; Ord. No. 24136, § 1, 7 -25 -2000) Exhibit "B" Existing Ordinance Page 3 of 3 SECTION 1. Section 49 -17(0 of the Code of Ordinances is repealed and replaced to read as follows: Una 1. Notice required under this section must be furnished and posted at least two (2) weeks prior to the required city council meeting at which the motion to approve the permit will be considered. 2. Standard Form of Approved Written Notice Required. The applicant/sponsor must give written notice by using the standard approved form supplied by the traffic engineer. 3. Required Recipients of Written Notice. a. The applicant or sponsor must furnish approved written notice of the proposed temporary street closure as follows: i. to all tenants occupying a tenant space of property abutting that portion of the street to be closed to vehicular traffic; and, in addition, ii. to all building managers and property managers of all multi- tenant properties abutting that portion of the street to be closed to vehicular traffic. iii. If the property abutting that portion of the street to be closed to vehicular traffic is vacant, approved written notice may be mailed to the property owner's last known address according to the of the Nueces County Tax Appraisal District's records. b. Proof of Delivery. Aspart of the permit application process. the applicant must show the traffic engineer proof of having furnished the written notice required under this Chapter. c. Hand Delivery. Proof of each hand delivery may be shown by providing the signature of the recipient. along with the recipient's name, address, and contact information. d. Certified Mail. If written notice cannot be made by hand delivery proof may be shown by the receipt of certified mail delivery. 4. Posting of Approved Written Notice Required. The applicant or sponsor must post the approved written notice on the inside of entrances to multi- tenant buildings of properties abutting that portion of the street to be closed to vehicular traffic. 5. At least 2 Weeks Notice of Public Meeting Required. The applicant or sponsor's approved written notice of the proposed temporary street closure shall include notice of the date, time, and location of the city council meeting at which approval of the permit is scheduled." EXHIBIT "C" Proposed Change in Conditions and Requirements for Permit Page 1 of 1 Page 1 of 3 ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 49: STREETS AND SIDEWALKS, DIVISION 2: TEMPORARY CLOSURE OF STREETS, SECTION 49 -17: CONDITIONS AND REQUIREMENTS FOR PERMIT, BY REPLACING WRITTEN APPROVAL REQUIREMENT WITH WRITTEN NOTICE REQUIREMENT; REQUIRING NOTICE BE FURNISHED TO TENANTS AND BUILDING MANAGERS INSTEAD OF TO ONE HUNDRED (100) OR NINETY (90) PER CENT MANAGING TENANTS ANDIOR. PROPERTY OWNERS; REQUIRING APPLICANT PROVIDE WRITTEN NOTICE ON APPROVED STANDARD FORM; REQUIRING POSTING OF WRITTEN NOTICE ON THE INSIDE OF ENTRANCES TO MULTI- TENANT BUILDINGS; REQUIRING WRITTEN NOTICE INCLUDE NOTICE OF DATE AND TIME OF CITY COUNCIL MEETING AT WHICH APPROVAL OF PERMIT ISSUANCE IS SCHEDULED; ADDING LIST OF STEPS REQUIRED IN THE APPLICATION PROCESS; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 49 -17(f) of the Code of Ordinances is repealed and replaced to read as follows: "( 1. Written Notice on Standard Approved Form Required. Applicant 1 sponsor must give written notice required under this Chapter by using the standard approved form supplied by traffic engineer. 2. Required Recipients of Approved Written Notice. a. Applicant / sponsor must furnish approved written notice of the proposed temporary street closure as follows: i. to all tenants occupvinga tenant space of property abutting that portion of the street to be closed to vehicular traffic; and, in addition, ii. to all building managers and property managers of all multi - tenant properties abutting that portion of the street to be closed to vehicular traffic. iii. If the property abutting that portion of the street to be closed to vehicular traffic is vacant, approved written notice may be mailed to the fast known address of the property owner according to the records of the Nueces County Tax Appraisal District. b. Recipient's signed receipt as proof of hand delivery. As part of the permit application process, applicant must show the traffic engineer proof of having furnished the written notice required under this Chapter. C:IDocuments and SeitingsWeranicaolDesktop1082807 .ORD2 Amend Sec.49- 17(0.doc Page 2 of 3 c. Proof of hand delivery. Proof of each hand delivery may be shown by providing the recipient's name, signature, address, and contact information. d. Proof of mailing. If written notice cannot be made by hand delivery, proof of mailing written notice must be shown by the receipt returned from delivery of written notice by certified mail, return receipt requested. 3. Posting of Approved Written Notice Required. Applicant must post the approved written notice on the inside of entrances to multi- tenant buildings of properties abutting that portion of the street to be closed to vehicular traffic. 4. Notice of Public Meeting. Applicant or sponsor's approved written notice of the proposed temporary street closure shall include notice of the date, time, and location of the city council meeting for which city council approval of the permit is scheduled." w 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 force and effect for its purpose. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 28th day of August, 2007. ATTEST: Armando Chapa City Secretary Approved as to form: 23-Aug-07 Veronica Ocanas Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor C:\Docurnents and SettingslveronicaolDesktop082807 .0RD.2 Amend Sec.49- 17(t).doc Corpus Christi, Texas Day of , 2007 Page 3 of 3 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon C: Documents and SettingslveronicaoliDesktop1082807 .ORD.2 Amend Sec.49-17(f).doc 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 08/21/07 AGENDA ITEM: An ordinance amending Chapter 33, Article VI. Graffiti Control, of the City Code Of Ordinances by revising the provisions regarding notice requirements, the hearing process, eradication efforts and providing for liens; providing for severance, providing for publication, and providing for penalties. ISSUE: The removal of graffiti from public and private property needs to be facilitated. PREVIOUS COUNCIL ACTION: Ordinance was last updated in September of 2000. REQUIRED COUNCIL ACTION: Approval is necessary to enact the changes in the ordinance. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the ordinance changes. r'' f ryan P. Smith Chief of Police Attachments: Ordinance BACKGROUND INFORMATION The City of Corpus Christi's graffiti ordinance was last amended in September of 2000. The ordinance, as passed, relied primarily on volunteer organizations for clean -up efforts. Since that time, there have been changes in the manner in which graffiti eradication is carried out as the burden on volunteer organizations and the police department for graffiti clean -up has become overwhelming. The implementation of the new "graffiti track° dedicated to clean -up, coupled with a more expedient notification and enforcement process in the ordinance amendment , will allow for a better use of the available resources to combat graffiti. Specifically, eradication and clean -up should take place as early as 7 days after being reported as opposed to the up to 30 day time frame in the existing ordinance. There is no charge for those individuals who allow the City to clean -up the graffiti on their property. However, property owners unwilling to allow the City to clean -up graffiti on their property would now face the possibility of assessment of abatement costs after a hearing and of being issued a citation. Many cities, most recently San Antonio, have passed similar amendments with successful results in the fight against graffiti. Key points in the ordinance amendment include: Property owner may sign a consent form to allow City to eradicate graffiti. Consent forms are valid until revoked in writing. Consent is presumed unless the property owner notifies the city to request a hearing within 7 days of the initial notice from the City. Hearing will be held to determine if the graffiti constitutes a public nuisance. If the Hearing Officer determines a public nuisance exists, an eradication order will be issued and the property owner will have 48 hours to remove the graffiti before the City enters the property for eradication. If the City eradicates as per an eradication order, the property owner will be charged the actual costs of removal, due in 30 days. City may file a lien for the costs incurred due to an eradication order if no payment is received. Citizens can report graffiti by calling the Customer Call Center at 826 -CITY (2489) or by submitting a service request through the Customer Online Center on the City's web site at www.cctexas.com. AN ORDINANCE AMENDING CHAPTER 33, ARTICLE VI. GRAFFITI CONTROL OF THE CITY CODE OF ORDINANCES BY REVISING THE PROVISIONS REGARDING NOTICE REQUIREMENTS, THE HEARING PROCESS, ERADICATION EFFORTS AND PROVIDING FOR LIENS; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING FOR PENALTIES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 33, Offenses and miscellaneous provisions is amended by revising Article VI, Graffiti Control, to read as follows: ARTICLE VI. GRAFFITI CONTROL DIVISION 1. GENERAL PROVISIONS Sec. 33 -100. Purpose and Intent. The city council enacts this article to help prevent the spread of graffiti vandalism and to facilitate removal of graffiti from public and private property. The council finds that graffiti is a public nuisance and destructive of the rights and values of property owners and the entire community. Unless the city acts to remove graffiti from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti, and entire neighborhoods are infected and become less desirable places in which to live and support families. Graffiti erodes property values which reduces critical tax base. Graffiti intimidates citizens and promotes a lawbreaking environment. The council finds that existing law is inadequate to combat graffiti in the city. This article is intended to provide additional enforcement tools to protect public and private property from graffiti, and shall not be construed to conflict with existing state laws. The council finds that property owners must take responsibility for removal of graffiti on their property. This may be done by removal or overpainting by the property owner, or by the property owner providing written permission for removal by the city or its agents, volunteers or community service painting groups. Sec. 33 -101. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases shall have the meanings designated. Aerosol paint container means any aerosol container that is adapted or made for the purpose of applying spray paint or any other substances capable of defacing property. Consent means assent in fact, express or apparent, by the owner of real property or a person legally authorized to act for the owner. Felt tip marker means any felt tip marker or similar implement with a flat or angled writing surface that, at its broadest width, is three - eighths of one inch or greater, containing ink whether water soluble or not. Graffiti means any unauthorized inscription, word, letter, figure, painting, drawing, mark, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property. Graffiti implement means any aerosol paint container, paint gun, paint ball gun, felt tip marker, paint stick or graffiti stick, brush, or etching tool or etching devices or any other device that facilitates or is capable of scarring, marking, or otherwise defacing glass, metal, concrete, wood, or any surface. Minor means, for the purposes of this article, any person under twenty -one )eighteen (18) years of age. Owner means any person who has title to the real property or legal right to control the property, including the owner's authorized representative. Paint stick or graffiti stick means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface, and upon application, leaving a visible mark. Removal means any method of obscuring, covering, eradicating, sandblasting, treating, overpainting, or washing which serves to combat the existence and appearance of graffiti. Unauthorized means without the advance consent of the owner and without authority of law, regulation, or ordinance. Volunteer or Community service painting groups means organizations whose activities include projects to cover graffiti. This purpose does not include painting houses, fences, or structures to enhance their value. DIVISION 2. OFFENSES Sec. 33 -102. Defacement. (a) Application of graffiti. Application of graffiti is unlawful under Texas Penal Code 28.03 (criminal mischief) and Texas Penal Code 28.08 (graffiti) and shall be prosecuted thereunder. (b) Applicator's failure to remove graffiti. A person who applies graffiti commits an offense every day the person fails to remove the graffiti and restore the property to its original condition. (c) Parental duty. A parent may be prosecuted under city Code section 33-489 for lack of supervision related to graffiti. A parent's civil liability for graffiti damage by a child is controlled by Texas Family Code section 41.001. Sec. 33 -103. Possession of graffiti implement. (a) Minor's possession of graffiti implement. A minor commits an offense if the minor possesses a graffiti implement on public or private property. It shall be a defense to prosecution that the graffiti implement was possessed with the advance consent of the property's owner. It shall be a further defense to prosecution that the graffiti implement was possessed in a place where it was going to be used in a nongraffiti activity, such as employment, school, church, art, or other activity, or enroute to or from such place. (b) Closed property; possession of graffiti implement A person commits an offense if he possesses a graffiti implement in any publicly -owned or privately - owned building, facility, park, school ground, playground, swimming pool, right - of -way, or other property, or grounds thereof, when such property is closed to the public. It shall be a defense to prosecution that the person's presence in the closed area was with the advance consent of the owner. Sec. 33 -104. Removal of graffiti by property owner; city removal of graffiti upon failure of property owner to do so; notice required. (a) Property owner's failure to remove graffiti. A person commits an offense if the person is the owner of the real property and knowingly fails to remove and fails to consent to the removal of graffiti from the property, including any appurtenances. within thirty-(-30) -seven (7) days of receipt of written notice provided by the city in accordance with subsection (ei�) of this section when the graffiti is visible from: (1) A public place; (2) Public right -of -way; or, (3) Another person's real property. (ewe Notice of violation and right to due process hearing. The city must notify the real property owner in writing that the owner's property appears to have graffiti, ., - - - • _ _ _ = - _ _ _ program, and inform the owner that the owner's consent to removal through-the by the city,will be presumed unless the owner notifies the city otherwise within fifteen-(45)-seven (7) days of the notice and requests a hearing in accordance with subsection (c). eir sulatien; Notice under this Article shall be given: (1) Personally in writing to the owner; or c2) By U.S. mail addressed to the owner's address or P.O. Box; or (3) By posting the notice on or near the front door of the main building on the property to which the violation relates: or (4) By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. if the property contains no buildings. (c) Hearing process. The owner of real property subject to abatement under this Article refusing consent to removal may request a hearing by notifying the city within seven (7) days following the date the city serves the required notice. The hearing shall be conducted by a hearing official designated by the city manager for the purpose of determining whether the conditions constitute a public nuisance under the provisions of this Article. Unless notice is waived by the owner. the owner shall be provided written notice of the time and place of the hearing at least seven (7) days prior thereto. At the hearing, the owner and the city mav present anv evidence relevant to the proceedings. If the hearing official finds that conditions constituting a nuisance exist. the hearing official shall issue an order so stating and that. unless the graffiti is removed within forty-eight (48) hours, the city shall enter upon the property. abate the graffiti. and provide the owner with a statement of the costs of the eradication effort on a full cost recovery basis. The determination of the hearing official after the hearing shall be final and not appealable. (d) Eradication effort. Not sooner than the time specked in the order of the hearing official, the citv manager. or the city managers designee, shall implement the eradication order and shall provide a statement of costs to the owner demanding payment of the actual associated abatement costs within thirty (30) days of receipt. in addition to a $50.00 administrative processing fee. The city mav also assess additional charges for actual costs incurred during extraordinary abatement efforts. (e) Written Consent. Written consent given by the owner or the owner's representative to enter and abate graffiti on the property constitutes continuing consent and shall remain in effect for future abatement actions until revoked in writing by the owner or owner's representative. (f1 Liens. If any invoice or statement of costs has not been paid within thq specified time period. the city manager. or the city managers designee. may file a statement of expenses incurred with the County Clerk of the county stating the owners name. if known. and the legal description of the lot or parcel. The statement of expenses or a certified copy of the statement shall be prima facie proof of the expenses incurred. Such statement shall be and the city shall have a privileged lien for expenditures made and interest accruing at the rate allowed bv. law on the amount due from the date incurred by the city. Such liens shall be inferior only to tax liens and liens for street improvements. The city may foreclose such liens in a proceeding brought in accordance with applicable law. The remedy allowed in this subsection shall not be the city's sole remedy. (a) Any monetary amounts collected or monetary donations received under this Article are designated within the general fund to be used for activities consistent with graffiti eradication. Sec. 33-105. Criminal penalty. An offense under this article shall be punishable by a fine of five hundred dollars ($500.00). DIVISION 3. ANTI - GRAFFITI ACTION Sec. 33 -106. Anti - graffiti action. The city manager or city managers designee is directed to implement, as resources permit, measures aimed at graffiti control, including but not limited to: (1) Providing public information on free and restitutional graffiti removal programs and on contractors who perform removal services. (2) Coordinating governmental and volunteer graffiti removal programs through the formation of a graffiti task force made up of community stakeholders working on the eradication of graffiti. (3) Providing information on methods to discourage graffiti, such as building techniques, lighting, and landscaping. (4) Creating a reward program for information concerning graffiti vandals, with public advertisement thereof. (5) Removing of graffiti promptly from city -owned property, including traffic boxes. (6) Requiring property owners to remove graffiti within thiftyoGyseven (7) days of receipt of written notice. (7) Encouraging a paint bank from which community -based groups or individuals may obtain pairit and materials needed to remove graffiti, and encouraging businesses and other potential donors to contribute to the paint bank. (8) Educating parents and the public that parents are liable for damages caused by their child's graffiti. (9) Encouraging anti - graffiti education in schools. (10) Establishing a system for the city to accept assignment of claims from graffiti victims in order to file damage suits against parents and graffiti vandals. (11) Evaluating annually the effectiveness of this article, and recommending to the council on the possible need to adopt additional measures. 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 force and effect for its purpose. 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 Christi. SECTION 4. Penalties are as provided in Section 33 -105. SECTION 5. The effective date of this Ordinance shall be September 4, 2007. That the foregoing or �iton,ce was rea reading on this the 1 t �- day of Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly • for th; first time and passed to its second it ,, /,} , 2007, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Mike McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of , 2007, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Mike McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to legal form 441 as. ' s , 2007. By: Joseph Har y Assistant City Attorney For City Attorney 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 21, 2007 AGENDA ITEM: Amending Chapter 14 "DEVELOPMENT SERVICES," Article XIII "DEVELOPMENT SERVICE FEES" Division 4 "PLATTING ORDINANCE FEES," Section 14-1341 "PLATTING ORDINANCE FEES," and Chapter 55 "UTILITIES," Article V "TAPS AND CONNECTIONS," Section 55 -70 "ADOPTION OF RULES, REGULATIONS AND WATER AND GAS FEES," and Section 55 -71 "SEWER TAPPING FEES" of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting Fees and Tap Fees; Providing for severance. ISSUE: Amending the Development Services Fee Schedule based on the change in the Construction Index Inflation Rate published on August 1, 2007 and as stipulated in the City of Corpus Christi Platting Ordinance (Section V.B.5.e)(2)) -10) 1\ Debbie A. Marroquin, P. Interim Director of Development Services Attachments: Background Information AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Amending the Development Services Fee Schedule BACKGROUND: The City's Platting Ordinance, Section V.B.5.e)(2) requires that "... all fees and Charges be indexed to the Construction Index published in the Engineering News Record." (Ordinance No. 25455, 8/26/03) The Development Services Fee Schedule needs to be amended to update the fees impacted by the Construction Index. The Engineering News Record published the Index change on August 1, 2007, stating a 3.8% increase for Construction Cost. The publication cited labor costs as the contributing factor for the annual increase, as the materials component of the index declined. The Development Services Department has been updating the fees administratively the last five years in accordance with the Platting Ordinance, but they have not been updated in the Code of Ordinances, City of Corpus Christi. This amendment will establish prior increases, as well as the current increase. Page 1 of 1 Page 1 of 7 AN ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE X1II "DEVELOPMENT SERVICE FEES" DIVISION 4 "PLATTING ORDINANCE FEES," SECTION 14 -1341 "PLATTING ORDINANCE FEES," AND CHAPTER 55 "UTILITIES," ARTICLE V "TAPS AND CONNECTIONS," SECTION 55 -70 "ADOPTION OF RULES, REGULATIONS AND WATER AND GAS FEES," AND SECTION 55 -71 "SEWER TAPPING FEES" OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO INCREASE OR ESTABLISH FEES RELATED TO PLATTING FEES AND TAP FEES; PROVIDING FOR SEVERANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 14 "Development Services," Article XIII "Development Services Fees," Division 4 "Platting Ordinance Fees," Section 14 -1341 "Platting ordinance fees" of the Code of Ordinances is amended to read as follows: Sec. 14- 1341. Platting ordinance fees. This division sets the amounts of the fees required by the platting ordinance. PLATTING ORDINANCE FEES AMOUNT OF FEE Platting application Type 1 or IA < 1 acre $171.00 Type I or IA 1 >= 5 acres $341.00 Type 1 or IA > 5 acres $554.00 Type 11 or IIA < 1 acre $512.00 Type!! or IIA 1 >= 5 acres $792.00 Type II or IIA > 5 acres $896.00 Type 111 or II1A < 1 acre $685.00 Type III or IIIA 1 >= 5 acres $685.00 Type 111 or IIIA > 5 acres $685.00 Application to extend a plat $38.00 Application to plat single lot subdivision by Engineering Services $60.00 H:1 LEG- DIRIShared \GarySlagenda12 0 0 718- 2 1 1Ord- Amend- Construction Index.l.doc Page 2 of 7 Deposit for review of deed or surveyor field notes $50.00 Hardship variance application fee $160.00 Platting appeal application fee $50.00 Participation agreement $610.00 Deferment agreement fee $1,087.00 Utility easement by separate instrument fee $249.00 Infrastructure trust fund lot & acreage fees Lot fee for water infrastructure . $0 316.00 Acreage fee for water infrastructure $741.00 1,266.00 Surcharge for water infrastructure $125.00 0.00 Lot fee for water infrastructure for single- family or duplex $92.00 160.00 Acreage fee for water infrastructure for single - family or duplex $ 97g0 632.00 Surcharge for water infrastructure for single- family or duplex $173.00 214.00 Water distribution line front foot pro rata fee $7.53 9.26 PI IC water tap fee $480.00 PIIC lot fee for water infrastructure $480.00 PIIC acreage fee for water infrastructure $1,200.00 Lot fee for wastewater infrastructure $700 345.00 Acreage fee for wastewater infrastructure $ t 00 382. 1382.00 Surcharge for wastewater infrastructure $200.00 243.00 Collection line front foot pro rata fee $8.79 10.72 Lot fee for storm water infrastructure $0.00 Acreage fee for storm water infrastructure $0.00 Surcharge for storm water infrastructure $0.00 Front foot pro rata charge $0.00 Request for lot/acreage fee exemption determination $60.00 Reimbursement agreement $535.00 Recording fees City's actual costs H:1 LEG- DIRI SharedlGarySlagenda1200718- 211Ord- Amend - Construction Index.l.doc Page 3 of 7 SECTION 2. Chapter 55 "Utilities," Article V "Taps and Connections," Section 55 -70 "Adoption of rules, regulations, and water and gas fees," of the Code of Ordinances is amended to read as follows: Sec. 55 -70. Adoption of rules, regulations, and water and gas fees. The rules and regulations concerning the control, operation and administration of utility taps or services connections of water, gas and sewer utilities owned by the city and the regulations prescribing fess for utility taps or service connections are hereby adopted and approved as follows: * (5) Fee schedule, gas: (a) Inside city limits: TABLE INSET: Gas -- Residential, 1 and 2- family dwelling $100.00 $100.00 Commercial up to two inch in size 300.00 300.00 Commercial larger than two inch in size Special* Special* Loops 10.00 Meter moves 50.00 *To be determined by Gas Division at the time of the (b) Outside city limits: TABLE INSET: request Gas -- Residential, 1 and 2- family dwelling $100.00 $100.00 Commercial up to two inch in size 300.00 300.00 Commercial larger than two inch in size Special* Special* Loops 10.00 Meter moves 50.00 *To be determined by Gas Division at the time of the request H:1 LEG -DIR\ Shared \GarySlagenda1200718- 211Ord- Amend- Construction Index.l.doc Page4of7 (9) Fee schedule, water. (a) Inside city limits: TABLE INSET: 5/8 inch x 3/4 inch $165.00 373.00 $110.00 243.00 3/4 inch 175.00 393.00 120.00 274.00 1 inch 240.00 535.00 460.00 365.00 Over 1 inch Special* Special* Loops *, minimum 400.00 226.00 226.00 Meter moves *, minimum 25.04 55.00 55.00 *Denotes costs to be specified by the director of his water utilities based on circumstances. (b) Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. TABLE INSET: 5/8 inch x 3/4 inch $45.00 104.00 3/4 inch 55.00 122.00 1 inch 7-5,00 Special* *Denotes costs to be specified by the director of water utilities based on circumstances (c) Outside city limits: TABLE INSET: 5/8 inch x 3/4 inch $250.00 566.00 $400 367.00 3/4 inch 260,00 590.00 175.00 398.00 1 inch 360.00 812.00 240.00 535.00 H:1 LEG -DER\ Shared \GarySlagenda1200718- 211Ord- Amend - Construction Index.l.doc Page 5 of 7 Over 1 inch Special* Special* Special* Loops *, minimum 450.00 339.00 $339.00 Meter moves *, minimum 37.00 80.00 $80.00 *Denotes costs to be specified by the director of pu lic water utilities based on circumstances. (d) Fees outside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. TABLE INSET: tire` -10�a 5/8 inch x 3/4 inch $65.00 104.00 3/4 inch 80.00 122.00 1 inch 110.00 Special*, *Denotes costs to be specified by the director of water utilities based on circumstances. SECTION 3. Chapter 55 "Utilities," Article V "Taps and Connections," Section 55 -71 "Sewer tapping fees," of the Code of Ordinances is amended to read as follows: Sec. 49 -12. Sewer tapping fees. (b) House service line tap charge: * (2) House sewer connections to be constructed in easements applied for after July 1, 1985 shall be charged at a rate of three seven hundred nine sixty -eight dollars ($395.00768.00) except as otherwise herein provided. (3) House service connections to be constructed in streets applied for after July 1, 1985 shall be charged at a rate of six hundred twenty five one thousand two hundred eighteen dollars ($625.001 218.00) except as otherwise herein provided. * * (5) For sewers in streets of new subdivisions in which house services are already installed to the property line and where final connection is to be made by a plumber, a fee of fifty ninety -eight H: 1I- EG- DIRIShared \GarySlagenda1200718- 21\Ord- Amend - Construction Index.1.doc Page 6 of 7 dollars ($5419898.00) will apply effective July 1, 1985. This fee is to cover the cost of recording and inspecting the sewer tap. * * * SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. H: 1LEG- D1RIShared \GarySlagenda1200718- 211Ord- Amend - Construction lndex.1.doc Page 7 of 7 That the fore o ng ordin nce s read for the first time and passed to its second reading on this the fore of , 2007, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon . R e That the foregoing ordinance was read for the second time and passed finally on this the day of , 2007, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel! Michael McCutchon Bill Kelly _ APPROVED AND PASSED on this day of , 2007. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED: August 15, 2007 { . t- tGt �Ph ) ll (Z\ Gary W. Smith Assistant City Attorney For City Attorney H:1 LEG- DIR1SharedlGaryS lagenda1200716- 211Ord- Amend - Construction Index.l.doc AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE: Tuesday, August 28, 2007 TIME: During the meeting of the City Council beginning at 10:00 a.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. President John E. Marez calls the meeting to order 2. Secretary Armando Chapa calls roll Board of Directors John E. Marez, President Melody Cooper, Vice President Henry Garrett Bill Kelly Mike Hummel) Michael McCutchon Nelda Martinez Priscilla Leal Larry Elizondo Sr. Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer 3. Approval of the minutes of July 24, 2007 4. Approval of the financial report 5. Motion authorizing the CCCIC General Manager or designee to execute Subrecipient agreements for funds provided from the FY2007 HOME Investment Partnerships (HOME) Program. FY2007 HOME FUNDING — FOR AFFORDABLE HOUSING PROGRAMS a. Community Development Corporation (CDC) - $200,000 for funds to assist approximately 11 families in buying down a new home through the down payment and closing cost program. b. Apartments of the Village!LULAC Hacienda Apartments - $260,009 to demolish with the reconstruction of a 60 unit HUD 202, with 54 one bedroom units and six two bedroom units located at 2625 Greenwood Drive; 10 units will be HOME - assisted. c. Messianic Fellowship Church Affordable Housing initiative - $300,000 for the new construction of a 32 unit apartment facility to be used by area residents as a moderately priced rental development located at 3210 Mueller Street. d. TG110, Inc /Glenoak Rehabilitation Project - $250,000 for the rehabilitation of 68 one, two, three and four bedroom apartments for rental to low income families located at 711 Glenoak. 6. Motion authorizing the CCCIC General Manager or designee to reinstate and extend the FY2004 HOME agreement with the Community Development Corporation through May 31, 2008. 7. Motion authorizing the CCCIC General Manager or designee to execute all necessary documents to purchase and convey properties for the Corpus Christi Model Block Program and other city neighborhood revitalization projects. 8. Motion authorizing the CCCIC General Manager or designee to convey property in the Model Block Program neighborhood to Habitat for Humanity. 9. Motion to approve revisions to the CCCIC Loan and Grant Rehabilitation Handbook to include a new clause stating that a 5% warranty retainage will not be required for warranty work to be performed when the contract amount is less than $2,000. 10. Public Comment 11. Adjournment Memorandum TO: President John E. Marez and Members of the Board of the Corpus Christi Community Improvement Corporation FROM: George K. Noe, General Manager DATE: August 17, 2007 SUBJECT: Request for Meeting of the Corpus Christi Improvement Corporation (CCCIC) on August 28, 2007 1. Motion authorizing the CCCIC General Manager or designee to execute Subrecipient agreements for funds provided from the FY2007 HOME Investment Partnerships (HOME) Program. On April 17, 2007, the City Council adopted its FY2007 Consolidated Annual Action Plan for Community Planning and Development (CPD) Programs that includes $3,480,612 for the Community Development Block Grant (CDBG) Program, $470,000 of program income from housing loans, $65,569 of demolition lien program income, $131,835 of reprogrammed funds, and $150,498 for the Emergency Shelter Grant (ESG) Program and $1,649,582 for HOME Investment Partnerships (HOME) Program, $25,570 of the American Dream Downpayment Initiative, $175,385 of program income and $702,898 of reprogrammed funds totaling $6,851,949 (M2007 -106). Subsequently, Subrecipient Agreements with nonprofit agencies /other entities and the CCCIC, as part of the FY2007 HOME program funding, need to be forwarded to the CCCIC for action and approval with the following respective agencies. FY2007 HOME FUNDING — FOR AFFORDABLE HOUSING PROGRAMS a. Community Development Corporation (CDC) - $200,000 for funds to assist approximately 11 families in buying down a new home through the down payment and closing cost program. b. Apartments of the VillagelLULAC Hacienda Apartments - $260,009 to demolish with the reconstruction of a 60 unit HUD 202, with 54 one bedroom units and six two bedroom units located at 2625 Greenwood Drive; 10 units will be HOME - assisted. c. Messianic Fellowship Church Affordable Housing Initiative - $300,000 for the new construction of a 32 unit apartment facility to be used by area residents as a moderately priced rental development located at 3210 Mueller Street. d. TG110, InclGlenoak Rehabilitation Project - $250,000 for the rehabilitation of 68 one, two, three and four bedroom apartments for rental to low income families located at 711 Glenoak. The effective date for the grant is August 1, 2007. 2. Motion authorizing the CCCIC General Manager or designee to reinstate and extend the FY2004 HOME agreement with the Community Development Corporation through May 31, 2008. On May 20, 2003, the City Council approved the FY2003 Consolidated Annual Action Plan for CPD Programs and appropriating $7,685,714 for the CDBG, ESG and HOME project/activities (025309). Included in this action was the funding approval for the Community Development Corporation (CDC). Subsequently, on January 11, 2005, the CCCIC approved to amend the HOME agreement with the CDC to incorporate FY2003 and FY2004 HOME Program funding into one agreement. The CDC's mission is in creating affordable housing in our community. 3. Motion authorizing the CCCIC General Manager or designee to execute all necessary documents to purchase and convey properties for the Corpus Christi Model Block Program and other city neighborhood revitalization projects. Currently, all property transactions require authorization by the Corpus Christi Community Improvement Corporation (CCCIC). With this recommended action, the General Manager or designee will have direct authority to proceed with purchases and /or conveyance of property for revitalization projects. This action will expedite all necessary procedures related to the development, execution and processing of documents relative to the purchase and/or conveyance of property for neighborhood revitalization programs. The Model Block Program is a comprehensive plan to provide opportunities and resources for an improved quality of life in a designated neighborhood /target area identified for potential revitalization and development. The MBP is designed to identify and address several major issues within a targeted area including: neighborhood and economic stability; prevention of further housing and neighborhood deterioration; resource availability; land assembly for renovation and redevelopment (infill housing); affordable housing development, and special needs housing. 4. Motion authorizing the CCCIC General Manager or designee to convey property in the Model Block Program neighborhood to Habitat for Humanity. Between July 1, 2007 and August 10, 2007, the Corpus Christi Community Improvement Corporation (CCCIC) purchased the following residential lots: The West One -Half of Lot Two (W /2 of Lot 2), and Lot Three (3), Block Eleven (11), MORRIS and MITCHELL'S EXTENSION OF SOUTH END SUBDIVISION and Lots Five (5) Six (6), Block Two (2), MORRIS and MITCHELL'S EXTENSION OF SOUTH END SUBDIVISION for a total of $25,790. Habitat for Humanity is requesting for a nominal value that the CCCIC convey these lots for use in support of their affordable housing program efforts in the Model Block Program. To "kick off" the infill housing development component of the Model Block Program, Habitat for Humanity will be conducting a multiple building project involving the construction of three affordable houses simultaneously, entitled the "Fall Blitz ". The Fall Blitz will commence on October 16, 2007 and will end on October 18, 2007, utilizing 150 volunteers from Bank of America who will construct the framing for the three homes. This event by Habitat for Humanity will assist in initiating this major component of the Model Block Program which supports the City Council priority goal of Neighborhood Revitalization. Upon conveyance, Habitat for Humanity will be responsible to manage the development of these properties which includes any necessary replatting, and obtaining all construction and development permits as required by City of Corpus Christi development policies and regulations. Certain restrictions will bind these properties: (1) construction of a unit of single- family affordable housing must be completed within one year of conveyance, (2) the housing must be constructed to federal affordable housing standards stated in 24 CFR Part 92, and (3) a reverter clause will apply in the event of non - completion. In July 2005, the CCCIC donated eight 25 -foot lots to Habitat for the construction of four affordable houses. These projects have been initiated and will successfully come to completion by September 2007. Habitat for Humanities has committed their services as a partner for the City of Corpus Christi's Model Block Program and other future neighborhood revitalization programs. 5. Motion to approve revisions to the CCCIC Loan and Grant Rehabilitation Handbook to include a new clause stating that a 5% warranty retainage will not be required for warranty work to be performed when the contract amount is Tess than $2,000. [referenced in the handbook as Chapter 15, page 34, entitled, Inspections of Rehabilitation Work, Section (3) Subsection (a)]. Program staff recommends that an additional clause be included in the CCCIC Loan and Grant Rehabilitation Handbook as Chapter 15, Section (3), Subsection (a)(4) to read as follows: "On warranty work performed by an alternate contractor where the contract amount is less than $2,000 no warranty retainage will be required." Program staff is confident that this change in policy will attract contractors for these smaller warranty rehabilitation contracts. Currently, the City is experiencing difficulty with contractors unwilling to accept the smaller jobs because the 5% warranty retainage will be held for a one -year period according to current policy. Presently we have this clause under the Emergency Home Repair Grant Program [Chapter 20, Section (3)]. Adding the clause to the Rehabilitation Loan Program (Chapter 15) will make the two programs uniform. 16 AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE: Tuesday, August 28, 2007 TIME: During the meeting of the City Council beginning at 10:00 a.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. President John E. Marez calls the meeting to order 2. Secretary Armando Chapa calls roll Board of Directors John E. Marez, President Melody Cooper, Vice President Henry Garrett Bill Kelly Mike Hummell Michael McCutchon Nelda Martinez Priscilla Leal Larry Elizondo Sr. Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer 3. Approval of the minutes of July 24, 2007 4. Approval of the financial report 5. Motion authorizing the CCCIC General Manager or designee to execute Subrecipient agreements for funds provided from the FY2007 HOME Investment Partnerships (HOME) Program. FY2007 HOME FUNDING — FOR AFFORDABLE HOUSING PROGRAMS a. Community Development Corporation (CDC) - $200,000 for funds to assist approximately 11 families in buying down a new home through the down payment and closing cost program. b. Apartments of the VillageILULAC Hacienda Apartments - $260,009 to demolish with the reconstruction of a 60 unit HUD 202, with 54 one bedroom units and six two bedroom units located at 2625 Greenwood Drive; 10 units will be HOME - assisted. c. Messianic Fellowship Church Affordable Housing Initiative - $300,000 for the new construction of a 32 unit apartment facility to be used by area residents as a moderately priced rental development located at 3210 Mueller Street. d. TG110, Inc /Glenoak Rehabilitation Project - $250,000 for the rehabilitation of 68 one, two, three and four bedroom apartments for rental to low income families located at 711 Glenoak. 6. Motion authorizing the CCCIC General Manager or designee to reinstate and extend the FY2004 HOME agreement with the Community Development Corporation through May 31, 2008. 7. Motion authorizing the CCCIC General Manager or designee to execute all necessary documents to purchase and convey properties for the Corpus Christi Model Block Program and other city neighborhood revitalization projects. 8. Motion authorizing the CCCIC General Manager or designee to convey property in the Model Block Program neighborhood to Habitat for Humanity. 9. Motion to approve revisions to the CCCIC Loan and Grant Rehabilitation Handbook to include a new clause stating that a 5% warranty retainage will not be required for warranty work to be performed when the contract amount is less than $2,000. 10. Public Comment 11. Adjournment Memorandum TO: President John E. Marez and Members of the Board of the Corpus Christi Community Improvement Corporation FROM: George K. Noe, General Manager DATE: August 17, 2007 SUBJECT: Request for Meeting of the Corpus Christi Improvement Corporation (CCCIC) on August 28, 2007 1. Motion authorizing the CCCIC General Manager or designee to execute Subrecipient agreements for funds provided from the FY2007 HOME Investment Partnerships (HOME) Program. On April 17, 2007, the City Council adopted its FY2007 Consolidated Annual Action Plan for Community Planning and Development (CPD) Programs that includes $3,480,612 for the Community Development Block Grant (CDBG) Program, $470,000 of program income from housing loans, $65,569 of demolition lien program income, $131,835 of reprogrammed funds, and $150,498 for the Emergency Shelter Grant (ESG) Program and $1,649,582 for HOME Investment Partnerships (HOME) Program, $25,570 of the American Dream Downpayment Initiative, $175,385 of program income and $702,898 of reprogrammed funds totaling $6,851,949 (M2007 -106). Subsequently, Subrecipient Agreements with nonprofit agencies /other entities and the CCCIC, as part of the FY2007 HOME program funding, need to be forwarded to the CCCIC for action and approval with the following respective agencies. FY2007 HOME FUNDING — FOR AFFORDABLE HOUSING PROGRAMS a. Community Development Corporation (CDC) - $200,000 for funds to assist approximately 11 families in buying down a new home through the down payment and closing cost program. b. Apartments of the Village /LULAC Hacienda Apartments - $260,009 to demolish with the reconstruction of a 60 unit HUD 202, with 54 one bedroom units and six two bedroom units located at 2625 Greenwood Drive; 10 units will be HOME - assisted. c. Messianic Fellowship Church Affordable Housing Initiative - $300,000 for the new construction of a 32 unit apartment facility to be used by area residents as a moderately priced rental development located at 3210 Mueller Street. d. TG110, InclGlenoak Rehabilitation Project - $250,000 for the rehabilitation of 68 one, two, three and four bedroom apartments for rental to low income families located at 711 Glenoak. The effective date for the grant is August 1, 2007. 2. Motion authorizing the CCCIC General Manager or designee to reinstate and extend the FY2004 HOME agreement with the Community Development Corporation through May 31, 2008. On May 20, 2003, the City Council approved the FY2003 Consolidated Annual Action Plan for CPD Programs and appropriating $7,685,714 for the CDBG, ESG and HOME project/activities (025309). Included in this action was the funding approval for the Community Development Corporation (CDC). Subsequently, on January 11, 2005, the CCCIC approved to amend the HOME agreement with the CDC to incorporate FY2003 and FY2004 HOME Program funding into one agreement. The CDC's mission is in creating affordable housing in our community. 3. Motion authorizing the CCCIC General Manager or designee to execute all necessary documents to purchase and convey properties for the Corpus Christi Model Block Program and other city neighborhood revitalization projects. Currently, all property transactions require authorization by the Corpus Christi Community Improvement Corporation (CCCIC). With this recommended action, the General Manager or designee will have direct authority to proceed with purchases andlor conveyance of property for revitalization projects. This action will expedite all necessary procedures related to the development, execution and processing of documents relative to the purchase and/or conveyance of property for neighborhood revitalization programs. The Model Block Program is a comprehensive plan to provide opportunities and resources for an improved quality of life in a designated neighborhood /target area identified for potential revitalization and development. The MBP is designed to identify and address several major issues within a targeted area including: neighborhood and economic stability; prevention of further housing and neighborhood deterioration; resource availability; land assembly for renovation and redevelopment (infill housing); affordable housing development, and special needs housing. 4. Motion authorizing the CCCIC General Manager or designee to convey property in the Model Block Program neighborhood to Habitat for Humanity. Between July 1, 2007 and August 10, 2007, the Corpus Christi Community Improvement Corporation (CCCIC) purchased the following residential Tots: The West One -Half of Lot Two (W /2 of Lot 2), and Lot Three (3), Block Eleven (11), MORRIS and MITCHELL'S EXTENSION OF SOUTH END SUBDIVISION and Lots Five (5) Six (6), Block Two (2), MORRIS and MITCHELL'S EXTENSION OF SOUTH END SUBDIVISION for a total of $25,790. Habitat for Humanity is requesting for a nominal value that the CCCIC convey these lots for use in support of their affordable housing program efforts in the Model Block Program. To "kick off' the infill housing development component of the Model Block Program, Habitat for Humanity will be conducting a multiple building project involving the construction of three affordable houses simultaneously, entitled the "Fall Blitz ". The Fall Blitz will commence on October 16, 2007 and will end on October 18, 2007, utilizing 150 volunteers from Bank of America who will construct the framing for the three homes. This event by Habitat for Humanity will assist in initiating this major component of the Model Block Program which supports the City Council priority goal of Neighborhood Revitalization. Upon conveyance, Habitat for Humanity will be responsible to manage the development of these properties which includes any necessary replatting, and obtaining all construction and development permits as required by City of Corpus Christi development policies and regulations. Certain restrictions will bind these properties: (1) construction of a unit of single - family affordable housing must be completed within one year of conveyance, (2) the housing must be constructed to federal affordable housing standards stated in 24 CFR Part 92, and (3) a reverter clause will apply in the event of non - completion. In July 2005, the CCCIC donated eight 25 -foot lots to Habitat for the construction of four affordable houses. These projects have been initiated and will successfully come to completion by September 2007. Habitat for Humanities has committed their services as a partner for the City of Corpus Christi's Model Block Program and other future neighborhood revitalization programs. 5. Motion to approve revisions to the CCCIC Loan and Grant Rehabilitation Handbook to include a new clause stating that a 5% warranty retainage will not be required for warranty work to be performed when the contract amount is less than $2,000. [referenced in the handbook as Chapter 15, page 34, entitled, Inspections of Rehabilitation Work, Section (3) Subsection (a)]. Program staff recommends that an additional clause be included in the CCCIC Loan and Grant Rehabilitation Handbook as Chapter 15, Section (3), Subsection (a)(4) to read as follows: "On warranty work performed by an alternate contractor where the contract amount is less than $2,000 no warranty retainage will be required." Program staff is confident that this change in policy will attract contractors for these smaller warranty rehabilitation contracts. Currently, the City is experiencing difficulty with contractors unwilling to accept the smaller jobs because the 5% warranty retainage will be held for a one -year period according to current policy. Presently we have this clause under the Emergency Home Repair Grant Program [Chapter 20, Section (3)]. Adding the clause to the Rehabilitation Loan Program (Chapter 15) will make the two programs uniform. 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 28. 2007 AGENDA ITEM: Public hearing on proposed ad valorem tax rate increase. ISSUE: The fiscal year 2007 -2008 budget approved by the City Council on July 24, 2007, includes a proposed tax rate of $0.584082 per $100 valuation, which is a 3.04% decrease from the prior year's ad valorem tax rate of $0.602372 per $100 valuation. Although the rate included in the budget is lower than the rate used for fiscal year 2006 -2007, it produces more property tax revenues than the preceding year because of increased property values. The rate included in the budget of $0.584082 per $100 valuation does not exceed the rollback rate of $0.593019 per $100 valuation, but does exceed the effective tax rate of $0.549193 per $100 valuation. As a result, two public hearings must be held. This is the second of the two public hearings. REQUIRED COUNCIL ACTION: Hold a public hearing to enable taxpayers to express their views on the proposed tax increase. PREVIOUS COUNCIL ACTION: July 24, 2007 — City Council adopted the City budget for fiscal year 2007 -2008 based on the proposed tax rate of $0.584082 per $100 valuation. July 24, 2007 — City Council voted to schedule September 11, 2007 for adoption of the ad valorem tax rate of $0.584082 per $100 valuation and voted to schedule two public hearings on the proposed ad valorem tax rate for August 21, 2007 and August 28, 2007. August 21, 2007 — City Council held a public hearing to enable taxpayers to express their views on the proposed tax increase. FUTURE COUNCIL ACTION: September 11, 2007 — City Council to vote to adopt the ad valorem tax rate of $0.563846 per $100 valuation. CONCLUSION AND RECOMMENDATION: No formal City Council action is required. However at the end of the public hearing, the Mayor must announce that during the September 11, 2007 Council meeting beginning at 10:00 a.m. at City Hall, the City Council will vote on the proposed tax rate. Arko Cindy O'Bri Director of Financial Services Attachments: Background information August 12, 2007 publication in Caller -Times — Notice of Public Hearing on Tax Increase August 5; 2007 publication in Caller -Times — 2007 Property Tax Rates BACKGROUND INFORMATION The fiscal year 2007 -2008 budget approved by the City Council on July 24, 2007, includes a proposed tax rate of $0.584082 per $100 valuation, which is a 3.04% decrease from the prior year's ad valorem tax rate of $0.602372 per $100 valuation. The proposed allocation between the General Fund (M &O) and the Debt Service Fund (I &S) for fiscal year 2007 -2008 is $0.384907 and $0.199175 per $100 valuation, respectively. In compliance with the financial policies adopted by the City Council, the M &O rate was calculated based on the estimated effective M &O rate for fiscal year 2007 -2008. If the actual effective M &O rate is used, this would cause the total tax rate to drop to $0.563846 per $100 valuation, while still generating almost the same amount ofrevenue included in the adopted budget. In order to be in compliance with the financial policies adopted by the City Council, the total rate of $0.563846 per $100 valuation, consisting of the actual effective M &O rate of $0.364671 and the I &S rate of $0.199175, will be presented to the City Council on September 11, 2007 for adoption of the FY2007 -2008 ad valorem tax rate. Additionally, a question was raised at the August 21, 2007 public hearing regarding the total amount of outstanding and unpaid bond indebtedness presented in the Notice of Public Hearing on Tax Increase published on August 12, 2007, in the Corpus Christi Caller - Times. The amount presented in the publication of $13,864,647 represents the current year's outstanding and unpaid bond principal as of July 31, 2007. As a point of further clarification, the total amount of outstanding and unpaid bond indebtedness for the duration of the bonds is $251,690,000 as of July 31, 2007. This excludes $12,000,000 of outstanding and unpaid bond indebtedness for the Tax Increment Financing Zone #2 bonds. Also, as required by the Code, a "Notice of Vote on Tax Rate" will be published on September 2, 2007 in the Corpus Christi Caller- Times. Notice of Public Hearing on Tax Increase TheCiry etfCorinoChdsb will hoid urepebllchood* col rapi d Iol arem NW fax tennis* freepopadese l the lattdl Istheppxadieg ten yarby6.35 potent (p aeb'lwhideprepoiedsexraten etdslowerorunme tot eoesar effective mrpkuirled seder CheoMe 16,TulCede). Yauriadidduelt>ooeetmgflacsic 11 Pols of law Nie,ar even &Aaae,ds Wing oaths ohneInl he lace* wdiieofyder property l n Welke b Ito dorle Woe ofoll ether properly gel the tot roe thos is _ The late to herbs. will be hdd en Angvr1.21, 2007 dories the Connell Meeting Wahl et IDAOAMsnd Atgart2S, 2007 dada, Cahill Metdeg baslrsritts 1110t0 AM $t Council Chernbers, City 13sII,1201 LeepardSr. Cow Chrird, Tatar. The mernbeelerfdre governing body voted co the propoealto oomldetlhe W I Mom: Mayas lkay Genoa Council Member Lamy Blleetdo,Sr. BID Kelly . Iota Mires Midted Mccuithon AGAINST: Maw Ind miming: ASSOC: hidedy Nor Mlles Howell Prima Leel N&diMetdars Cetleparbon of Prepaid Budget wilt Last Year's Budget - The appliableperoauege Inman or demise (or diflbsenee)in the anuttnt Wooed ie the precedirsfiscal yar arid do invent bedg tedfirthefisal)verthatbegmdeems theee.rat to yarb indicated ftr each Mks following age ditureealegsrbc .. Whoa= midopea/one • 1.65% haw Mimic* 3.4911 Mew. Told expaagtates 22$% Imps . Total Appralxed Value aad Total Taxable Value as calculated under soda' 26,M, Tax Coda PtacedIniTOYpr - Caimans Yew Tool rimmed seine* of ill propesy 113,334,704746 115,527,413,771 Total apprnred vino of new poplar * $58,256.60I Total taxable vdue'**dell riveny $II421,305,911 113,107,2061634 Taal taxable value*** of new propene* $200,797,991 3474211,451 Beaded lad. adsbtedoess Total errant do telendlogaadttrtpddbaodsdhidedttakap113 ,154,647 Tax Rates Adopted lexnufbr the preceding texyea Preyed tee rrts lbrthe centre In year DIM:Ono (x ski premed touser and the ndopted1erseta fix the pricedinstwit, Pocono income or decree. In the paoposedtrxnreWOO eloped to: ate fbr the pNOedleg tee mit b 50.607372 per $100nvalue ' 11314012 per $I00 mvelin 3(0.011290) pa1100'nodal (3101116 (Dam/ Thee tax rate figures are pot adjusted for change is the taxable iaiae Of properly. Comparison of Reddeace 1%oate*teal Valued Menge appraised e n d taxable valence :eidetic, hoartasteeds ere moved f l a n etteprosedhtg Mx you Wale anentlet yew. Preceding The Yee: Average tesIdence homestead appalled plea $103,077 tionisste .6axemprion Gomm lathe oh* unit •110,700 {excluding Por pesos 65yarsofage a Oder or diubledf 'Average: taxable yoke of a residence boost" (excluding specid exemptions for penes 65 yeas! efepee Mir ordbsbbed) Comparing of Residua lfotnestead'faxca The taxu Get vvoaldhive been Import 4 no the weeding tor year one residencehonweleed AU amp embed vale (ssdedes veld exerodens For prism 65 yaw doge or eider or disabled) ore esthmtadto beSOUL The IMO dm stcedd be Iniesal lithe CIMdt toper an a ieddenoe hortatad egoreleed et the towage epplised vibe ilse =eat lex year (excludingspsclad exemptions fe plum 65yeaseraseweldsordieible ), Iftlopraperedsustar6edopssd ,ereatbseledlebe1631,25. Gs&Rr nee between the amount ofateson Ile swigs widow. homestadietheeaereaamayew, iflbeproposedmtritebadopted ,etdtepxeeediesteryew mold be an increase of17244mmxs Copan Year 115 $17004 342,769 1101,076 'Appel vitae" istheanat Insho n axe dieeppnbal roll Bad dented by Salo 1,44(11,TexCade. ** 'New property* is ddheed by Section 26.012(14 Ter *ade. *" 'Taxable wine is defined by Setdoa 1.04(10), Tax Can 4. m Tax Rate Information Published in the Corpus Christi Caller -Times on Sunday, August 5, 2007 2107 Property Tax Rates la City of Corps Christi This nonce concurs 2007 properly tax rases fir City of Corps C7aipi. It presents inkrnatioa about Three tax rata Last yetis tax race is the loud Ms the tins unit used to drtermiae property taxes 1pl year This year's effective toot nee would impose the same told taxes as het year if you compare properties bored is both years This yetis rcUbsck tact nee is the highest tent raft the taxing unit an alt bdbrs taxpayers caa it tax !Whack procedures. In ash case these rates are !bend by dividing 1110 10111 motel of taxes by the tax bee (tire total value of taxable property) with adjustment u tapered by muse law. The rates are given per SI00 of property vain Lam yeses is teen; Lap years operating taxes 943.16097 Last yeses debt taxes 921,322.997 Limners taut tors 944,p7$4 Lap years tax hoe 918,7e5.479,294 Let years teal tax me 0.602372 4100 This year's e1lseNss tax nem Lap yews adpeed taxes 963.210,573 (after stimactiag lazes on lap property) + This yetis agirstad tax bass $14,500.714,640 (after subtracting value of new penny) = This year's ullestive In rate 0.549193 /5100 (liar' am rats Wass senirp abliskar notices asdholds 11rar# sJ Tin yew% mink In min Lama yetis adjunct naming onto (after 941,972.595 suboaetiog axes en lost properly and adjust 16r any tinkered Mtction, tat iaapnent lhauei 4. antler eahenced indigent health core expendi ere) + This years adjtrud let bYs 91 [,509.7[4,410 = This yeti's ethnic opiates rats 0.3646714100 x 1.80 = ihb rash _auluara eperallag isle 0.39364415100 +This yeses debt rale 0.1991754100 This yeses sold rollback nee 0.593019 4100 Stumm of IasreasJJDsonease If City of Corpus Christi adnpu a 2007 In tats tend to the elbctive tat tale of 50.549193 per $100 of value, taxes would Mann comptrod to 2006 trots by 01.305,063. 1'htdale A . Ummaaohnsd Feed Paloneee The fallowing outrun balances will be kft is the unit's property tax account at he sad tithe fiscal year. These balances ars not encumbered by a cannonding debt obligation. Type of P4epery Tan Pied ftahmee Owed tied 124,76677 Mt Slake 910,099.697 &beide i - 2067 Debt Sinks The unit plans to pay the following month for long -term debts tint ere aecaed by property totes. These aaoaos win be paid from property tax raraluea (or additiolrel asks trot amines, it-applicable). Dteeslp so dDebt 1906 Cwlilorw of Obllsodoo 2000Crdionwal 2001A Oeard Otliptioo 200111 Otrrel L. 2002Cwdiwsof OLINptioN 2003 tOarnl O -a 2004 Cadllwnw of 2004Owml MVO= 2005 Ootm6 Obilsolice 2005 Cadls Mt of 1329,537 1664345 2006 Cardamom of SO 1607.159 Oblipdoo 2007 Crdiwwt of $0 5225316 Obliption 2007Oawd i0 0123,550 Obliption 2007A Omani SO 01,044,103 Obliptioo Teed Required Or 2007 Ms Simko S23,145,210 - AmOal (if any) paid fi0m tiardt lined in Schedule A S0 50 Pelodpol kistontsis Cwlate hymn Paid Awn is be MI Aare Propwq Prow & Tan Tow $11110143 129,447 1101,049 0904,723 0145,110 01,042,177 1333,759 1217,113 5416,944 $3,721,620 5491,324 $317,410 12,315,730 $960,4711 13,072,091 52011,906 54,404,537 11,430,671 OMrr Aweweti Teed so bsP d P418808e 10 1210,290 SO 1544,373 110 01,222,203 10 12,661.610 SO 12,002,653 10 13,377,150 10 $422.039 SO $121,4$1 10 $4,752,294 S0 1093.712 S0 5617,159 $0 5225316 SO 1123,530 110 51,044,103 - Amount (if way) paid tiom other resources - Excess collections last yak 4. Total to bar paid fine tares in 2007 4+ Amount added in anticipstioa tht the unit will collectoely 97.0056 Oils moss ie 2007 Total Debt bevy 123,151,041 This notice o3nlaiis a ataelauy of ach& offensive aid =Stack to rates caiwgeiom. You cat impea a copy ofdla loll calculation 11901 Leopard, Suite 301. Carpus aided, Texas 711401. Na0e of person preparing this notice: Ramiro R Camden. LTA Tide Nano County Tin AaeuuOr.Ch le0lor Dery Prepared: Avant 1.2007 50 $23,145,210 5715,131 18 CITY COUNCIL AGENDA MEMORANDUM Au ust 28, 2007 AGENDA ITEM: A. Public Hearing to receive public comments regarding an amendment of the FY2007 Consolidated Annual Action Plan to realign, reprogram and reallocate Community Development Block Grant (CDBG) Program funds. B. Motion to authorize the City Manager or designee to amend the FY2007 Consolidated Annual Action Plan for the CDBG Program. C. Motion to authorize the City Manager or designee to execute CDBG Subrecipient agreements with Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place, Fighting to Rid Gangs in America Foundation, Inc. and Nueces County Community Action. ISSUE: Since the City Council approved CDBG funds in April 2007, several project developments have occurred necessitating staff bringing these issues back to the City Council for both a public hearing and consideration of adoption amendments to the consolidated work plan. REQUIRED COUNCIL ACTION: In order to reprogram and reallocate, or otherwise make adjustments in the CDBG program, the City Council must hold a public hearing, take action on possible amendments and publish the proposed amendments in the newspaper. Thereafter, Subrecipient agreements with Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place, Fighting to Rid Gangs in America Foundation, Inc. and Nueces County Community Action will be executed. PREVIOUS COUNCIL ACTION: The City Council adopted the FY2007 Consolidated Annual Action Plan on April 17, 2007 (027228). FUNDING: All of the staff recommendations are consistent with the total funding from the Department of Housing and Urban Development and simply adjust or reprioritize those funds. CONCLUSION AND RECOMMENDATION: Due to project changes, Staff strongly recommends the proposed amendments to the FY2007 Consolidated Annual Action Plan and solicits Council approval and authorization of Sub recipient agreerr)ents. Daniel Gallegos J CD Administrator ADDITIONAL SUPPORT MATERIAL Background Information 1 List of recommended projects BACKGROUND INFORMATION Since the City Council approved the FY2007 Consolidated Annual Action Plan on April 17, 2007, there have been project changes that have arisen. City staff has carefully reviewed the issues and is recommending to the City Council an amendment to the FY2007 Consolidated Annual Action Plan to meet the needs of the community. Several CDBG projects have been cancelled and/or have not been able to meet the proposed challenges imposed of the CDBG program. They are the following: Year/Project Reason for cancellation Amount to be reprogrammed FY05 Dr. Hector P. Garcia Project Could not meet the terms of the challenge grant $20,000 FY06 Dr. Hector P. Garcia Project Could not meet the terms of the challenge grant $250,000 FY07 Downtown Infrastructure Project HUD deemed this project ineligible due to the fact that downtown is not primarily residential, required to meet the National Objective of benefiting low and moderate income persons $20,000 FY07 Lofty Apartments also known as Buffalo Lofts /Plaza Lofts Owners opted to cancel the proposed project utilizing federal funds $300,000 Total CDBG funds available for reprogramming $590,000 Staff recommends the attached listing of proposed projects to be funded through the CDBG Program. Staff would normally incorporate any reprogram funds as part of the process in an upcoming Consolidated Annual Action Plan; however, since the amount of reprogrammed funds is very large in nature and Staff is required by the U.S. Department of Housing and Urban Development to expend CDBG funds in a timely manner, we need to amend the FY07 Consolidated Annual Action Plan and commit these funds to a viable project. We are considering and recommending proposed projects that adhered to the FY07 Consolidated Annual Action Plan process which involved submitting a pre- application for funding, submitting a request for proposal, attending a technical assistant workshop and attending a public hearing(s) in support of their project. Below are the following recommendations for CDBG .funding which also supports the accompanied revised Attachment "D." The recommendations are as follows: 1. Project #1 - Area Street and Drainage Improvements Phase 2B Helen & Theresa Street: The recommended CDBG funding of $61,000 is for design costs only. Construction funds could conceivably come from the 2008 Bond Program or the CDBG program. 2. Project #3 - Broadmoor Senior Center: The recommended CDBG funding of $125,000 is for Phase 1 of 3 to expand the Broadmoor Senior Center, one the smallest senior centers in Corpus Christi. 3. Project #7 — Cole's Gym: The recommended CDBG funding of $65,000 is complete Phase 2 of 2 of the project which involves moving the program from the T.C. Ayers Center to the Coles Elementary site. 4. Project #13 - Garcia Arts Education Center -Area Street Improvements: The recommended CDBG funding of $45,000 is for the completion of the street project, mostly to consider any possible change orders. 5. Project #21 - Model Block Program (Neighborhood Revitalization): The recommended CDBG funding of $100,000 is to add CDBG funding to the revitalization efforts to the Model Block Program. HOME Program funds were allocated to the Model Block Program in 2006; however, these funds are limited in use, whereas, CDBG funds provide a little more flexibility to the Model Block initiative. 6. Project #23 - Rehabilitation Services: The recommended CDBG funding of $39,000 is to add a staff position to the Model Block Program not previously included. The incurred cost for this staff position had been absorbed through the HOME Program as noted in #5 above; however, funds have been exhausted. This will allow staff to create the position as a CDBG - funded position for the Model Block program initiative. 7. Project #35 — Coastal Bend Alcohol & Drug Rehabilitation Center dba Charlie's Place: The recommended CDBG funding of $40,000 is for the proposed rehabilitation of Coleman's House, a transitional housing unit facility serving low income individuals. 8. Project #40 — Fighting to Rid Gangs in America Foundation, Inc: The recommended CDBG funding of $75,000 is to make ADA improvements to the facility which serves low income families. 9. Project #45 — Nueces County Community ActionlWeatherization /Minor Home Rehabilitation: The recommended CDBG of $40,000 is to make minor home and weatherization improvements for low income families and make the homes more energy efficient. Conclusion and Recommendation: Staff recommends these changes to the FY2007 Consolidated Annual Action Plan that all fall within existing overall funding and certainly meets all HUD guidelines. 8/20/2007 CITY OF CORPUS CHRISTI . FY2007 CONSOLIDATED ANNUAL ACTION PLAN AMENDED FY2007 CDBG PROGRAM FY2007 CDBG Allocation Reprogrammed Funds Program Income from Demolition LienslClearance of Vacant Properties Program Income from Rehabilitation Program TOTAL FUNDS AVAILABLE FOR FY2007 CDBG PROGRAM ATTACHMENT "D" $3,480,612 $401,835 $65,568 $470,000 $4 4Y51w8 016 z� i ^�� .. - sG) 6 L ¢ ] at. - 'd$.., ...'ii � ,_ . _' � F F .. :yE�$!� R L ,4 t°L $ -.. �f;'Y C e... �x �. 3 r x �t n.es''C. d„,r .. _.rte. _ _ J+�.4 1 Area Street and Drainage Improvements Phase 2B Helen & Theresa Street The project consists of: Helen Street from Gollihar Road to Sunnybrook Road: Consists of 1250 1.f. street pavement, underground drainage, curb and gutter, sidewalks, ADA requirements, driveways and utility improvements (water and wastewater). Theresa Street from Helen Street to Evelyn Street: Consists of construction of 300 I.f. street pavement, curb and gutter, sidewalks, ADA requirements and driveways. $476,000 $61,000 2 Ben Garza Gym This would be Phase 1 of 2 of the Ben Garza Master Plan which includes the planning, design and construction of the parking lot and trail system in the park. $125,000 3 Broadmoor Senior Center Phase 1 of 3 to expand the Broadmoor Senior Center. This would include planning and design which includes building approximately 2,000 additional square feet of usable space for enhancing educational, nutrition, health and wellness and multigenerational activity modules. $125,000 $125,000 4 CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Programs. Staff interprets CDBG, HOME and ESG federal regulations, conducts public hearings/meetings, reviews propose projects and activities to determine funding, eligibility, monitors Subrecipient's, provides technical assistance, conducts environmental assessments of funding projects/activities and enforces Davis Bacon federal wage rate requirements. $467,000 $467,000 5 Clearance of Vacant Properties Program This activity will entail the clearance of vacant properties by the removal of weeds, rubbish, brush, debris accumulation; and other unsightly, objectionable or unsanitary matter in all CDBG eligible areas to include designated Neighborhood Initiative Program (NIP) Areas. Liens may be placed against the properties to cover the cost incurred. $300,000 $200,000 6 Code Enforcement Program The salaries of (4) Code Enforcement Property Advisors, (2) Project coordinators, (1/2) Support clerk will be funded in the amount of $297,585.The Property Advisors /Project Coordinators are responsible for inspecting properties within CDBG Target Areas for violations of City Code and Health Ordinances. The Neighborhood Initiative Program selects five (5) small neighborhoods within CDBG Target Areas that are in need of compliance assistance. Each area that is selected becomes part of the Neighborhood Pride Program the following fiscal year for continued monitoring and citizen compliance. Inspections are conducted on particular code violations. The Property Advisors /Project Coordinators will also implement a comprehensive approach to coordination of multi - departmental teams of City services and programs to address specific needs of each neighborhood. $297,585 $247,000 3 - rz nth -s y 4 ado i° r r , _. 7 Cole's Gym This is for Phase 2 of 2 of the project which involves moving the program from T.C. Ayers Center to the former Coles Elementary site. There is a desperate need to bring the facilities up to standards with many interior renovations. In addition, the building is in need of new NC units at the facility. $65,000 $65,000 8 Comprehensive Planning Assistance Continuation of Comprehensive Planning Activities including but not limited to: data collection, population projections, land use surveys comments on zoning platting and other activities design to update comprehensive plan elements or implement adopted plans. Emphasis will also include Master Plan updates. The focus for the next few years will be data collection and population projections as we must prepare for a federal census data gathering timeframe. Staff will pull together all resources in order to meet federal timelines. $100,000 $53,000 9 Demolition Program Demolition of substandard structures determined to be health and safety issues with 50% or more deterioration of the general structure. Each structure will be assessed and surveyed as a building case, providing the property owner an opportunity to resolve the substandard conditions. If the property owner does not comply within the specified amount of time, a building case is forwarded to the Building Standards Board (BSB) for final orders for repair and/or demolition by the property owner. If the property owner again fails to comply with the Board's order, the City is granted authorization to demolish the structure. A lien for the cost of the demolition service may be placed on the property as determined by the Code and Zone Administrator. Demolition grants made available for emergency abatement of hazardous structures that create blight conditions for the neighborhood. The Demolition grants will be considered on a case by case basis for property owners meetina the basic eliaibilitv reauirements. $250,000 $200,000 10 Downtown Infrastructure Improvements The request for this project is to improve the Downtown Infrastructure including lighting, sidewalks and other eligible improvements. $100,000 $20,000 11 Emergency Home Repair Grant Program Emergency repair grants up to $6,500, are provided to homeowners who are 65 years old or older or disabled and very low income. A majority of the repairs are for roofing, plumbing, electrical, heating and minor structural. It is anticipated that the $550,000 will enable us to perform emergency repairs on 84 -100 units. $550,000 $200,000 12 FY 2008 - FY 2012 Consolidated Plan The U.S. Department of Housing and Urban Development (HUD) requires each local jurisdiction to consolidate into a single submission the planning & applications for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) & the Emergency Shelter Grant (ESG) Programs. In accordance with HUD regulations, the City is required to submit a new Consolidated Plan (Plan) for FY2008 for a 5 -year term. The Plan includes both a planning document & an application for the CDBG, ESG & HOME Programs that are developed to acheive the goals to principally serve low & moderate income residents. The Consolidated Annual Action Plan describes the activities & projects to be assisted with funds received under these programs & other HUD programs that help to meet housing & community development objectives. This project proposal will in essence fund the preparation needed This will also include updating the Analysis of Impediments which outlines Federal Laws, Policies and Complaint Laws, and Impediments to Fair Housing Choice and remedial activities to address impediments. $50,000 $50,000 ' 13 Garcia Arts Education Center -Area Street Improvements * The Garcia Arts Education Improvements define the following streets in this project as: 17th Street Agnes Street to Marguerite Street. The street work will include approximately 300 I.f. for 17th Street. The project also includes ADA requirements, curb and gutter and sidewalks. The utility work along 17th Street are also included by wastewater and storm water. $185,000 $185,000 $45,000 2 3 L - ff h g E .rd"@r�i'¢4"1'% '� �Ye' 3"'i,S p �' � 3 ..y 'S. % '. ' }Rd E �S Y' .., .- ,t rte...' Y - Ri q ;.f 's.,§E�. 'i Y ; ,`� ! • E �! to . slit �'e'� rt5 S j3 Q - ' E.3E E f .,. 14 Greenwood Softball Complex Replace lights on ball fields, rebuild dugouts, and renovate storage area. Building renovations include lighting, repaving parking lots) as well as replacing fencing. $125,000 15 HEB Pool Renovate pool shell, replace pipes, gutters, fixtures and other items. $25,000 16 Heritage Park - Galvan House This includes the renovation of exterior and interior of the house. First and 2nd interior needs to be renovated which includes replacing carpet and any other eligible improvements. The exterior will also need renovated. This will include front and back porch with ADA accessibility and any other eligible exterior eligible improvements. $85,000 $85,000 17 Historic Preservation Project -Dr. HP Garcia Medical Building These funds were awarded to bring the process of moving the Dr. Hector P. Garcia medical office building to a different location. The monies will be used to hire a consultant to review the project feasibility and cost. Future monies will be used to implement the move, if it is an economically feasible project, and further historic preservation. $15,000 18 Juvenile Assessment Program This program entails teaching cognitive life and communication skills between parents and juveniles. This request would be to purchase educational materials which will be facilitated via a professional practitioner. $25,000 19 Litter Control Program The purpose of this program is to develop a more organized and aggressive effort to control littering and other related environmental blight/hazard that contribute to a poor quality of life for our general public. This program will be structured from the model of Keep America Beautiful (KAB) national program. The goal of the program is to identify and quantify community issues, prioritize and target resources, assess current laws and ordinances and measure progress over time. The KAB model requires a local Program Coordinator and support staff to oversee and apply the specific behavioral change strategies called a "Toolbox for Community Change" and other resources exclusive to KAB. The CDBG assistance would be to fund the administrative costs to initiate this Litter Control Program. $150,000 20 Master Plan for ADA Compliance: City Wide for CDBG Tracts The need to address ADA Compliance is a City priority and is being handled as funds become available. The City with the assistance of the Committee for Persons with Disabilities will identify the needs for accessibility routes, especially where curb cut ramps and sidewalks do not exist. The Committee for Persons with the Disabilities has deemed accessibility to the transportation service as priority one in the criteria for prioritizing requests for ADA improvements. This project would enable the City to define through a Master Plan to address the needs for ramps and sidewalks within the priority routes where none exist in CDBG areas. The funds for the construcion for this project will be requested annually to allow the City to address this need. The specific locations of accessible routes will be identifed to meet the priority needs. $75,000 3 Model Block Program (Neighborhood Revitalization) Neighborhood Services Department is requesting support for the neighborhood revitalization projects within the Model Block Program (MBP) dedicated to the purchase of land, housing rehabilitation, new construction of single famly housing (infill housing); homebuyer assistance and other eligible improvements projects to be established by the participating neighborhood.The MBP is a 21 comprehensive plan to provide opportunities and resources for an improved quality of life in a designated neighborhood /target area identified for potential revialtization and development. The MBP is designed to identify and address several major issues within a targeted area including; Neighborhood and economic stability; prevention of further housing and neighborhood deterioration; resource availabiltiy; land assembly for renovation and redeveloment (infill housing); afffordable housing development; and special needs housing. 22 23 24 Mortgage Servicing The funds being requested are for the operations of our mortgage servicing section and include the salaries of one staff person that handles the servicing of all loans provided through the City's Single Family Rehabilitation Loan Program. Our request includes funding for one additional staff person that will assist the one person currently handling all mortgage servicing. Services include collection of loan payments; paying property taxes and annual insurance premiums; managing the individual homeowner's escrow accounts; providing homeowners with income tax form 1098; preparing end of year escrow analysis; processing of payment booklets; preparing monthly end of month reports; conduct daily posting of payments; and handle release of liens. Counseling is provided regarding payment alternatives and establising payment plans. Mortgage Services is currently servicing 850 different types of loans, Rehabilitation Services " The funds being requested are to pay the operating costs and salaries of staff that provide support services for the administration of the Rehabilitation Loan Program; Emergency Home Repair Grant Program; Homebuyer Programs; Loan Counseling, Homebuyer Classes; Support for the 4A Board, Support for the CDC; Model Block Program and Rental Rehabilitation Loan Program. These programs are designed to assist low and very low income households. Services include loan processing; developing specifications and plans; monitoring of construction projects through inspections; processing of homebuyer applicants; conducting inspections; and conducting homebuyer classes. Renewal Community The City of Corpus Christi Economic Development Office is requesting $20,000 of CDBG funds to continue outreach and marketing activities in the original and expanded Renewal Community (RC). These outreach services include contracting for professional services to assist new businesses in completing the commercial Revitalization Deduction applications, completing forms associated with tax credits and deductions, contacting for professional services to complete surveys of the RC, development and printing of marketing materials, distributions of marketing materials, workshops and seminars, professional or temporary services to assist businesses in identifying employees who live in the RC in order to claim credits, and staff training. 4 $300,000 $79,000 $788,000 $37,500 $56,000 $677,000 $20,000 $100,000 $39,000 ,:'3i .. -- ;}`'.,.syi fql 1�,t;.`�'.°1y1a6 yq hS _ilia' "�_R� � i l Y . T.: "�4 �� I' - \. vk ?z� r.r L}S i- 1'�5 -5 F $' F " �?. �r � +F �til'N.'3������. . _ .F�i. p;q r�:,i•1.4C i7S�s��- ..J -.'S�' s. i'� {� -., �,��]. .i s� n� r�, Yn n t r .. ,. .+r�n. § _"� if qE: `1 i r .... .., i _:bt $ S i u+y 3 t _,_ >< 2. n.x.wv .�r'9 4.-WrS.nJ .. ' ..BUY ., PA , qv �,..:�.�:.._� §- L.waitLd VY wa,.... . 25 Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The purpose of this request to to allocate CDBG funds to bear the residents share of installation of costs in qualified CDBG eligible tracts. The City of Corpus Christi will still bear the expense of the City's share of the installation costs (which may range from 0% to 100 %). Thus far, since the inception of the RTMP, residential neighborhoods in CDBG areas have not elected or been able to particpate in the RTMP due to difficulty in obtaining the residents' share of the cost. $25,000 $12,000 26 Single Family Rehabilitation The Single Family Rehabilitation Loan Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. It is estimated that 1 -3 units will be rehabilitated and 15 -18 units will be reconstructed. These funds will also be used to demolish and relocate homeowners being assisted with the reconstruction of their homes. The funds provided for demolition and relocation will be provided as a grant to the homeowner. Rehabilitation Loans ($935,000), Demolition ($150,000); Relocation ($180,000). $1,265,000 $470,000 5 6 s -.� '' S°. sq y.r'6 : r _. vi F '� i _ �q 'YL �,y' 3 bI tnY�) % KJd. n1..��M� $' �i. i�� i F Ia Ey 5 �Y"i�°�k\ �� �� Y K' �t � P�3 �._ €j:' ^�'C � ��'+ ,ate - ....., tiK� i°x:.,>11'°+. '�'i :2:�_ �5.,.+ iw µ':PQ « ,i, ...AS,� � i - i 1 �. �x ...'rt- . >a:v.,._.. - I.. �, 9 , F ...,. - .E�a - .:. >. �.... ti) -. •" 3 < ii 4 - 1 t. s, '. .. .. -...n. � � _ , 27 South Bluff Park Phase park improvements; Because of the high usage of the park, more amenities are needed. Install six new covered picnic tables with cement slab. Install BBQ pits, trash containers, 40x60 covered pavilion will be installed with picnic tables and BBQ pit: Phase 1 of 3 year project. All of the amenities will be constructed and be ADA accessible. $65,000 28 Southmoreland Addition Area Street Improvements 3B & 4B: Part 2: Norton St. & Lewis St. between Watson & Norton The project consists of construction of 28 ft. B -B street pavement, curb, gutter, sidewalk, ADA requirements, driveways, underground drainage and utilities for Phase 3B & 4B, Part 1, Phase 4B is the first leg required to tie into Ayers Street drainage. $340,000 29 The Unified Development Code Continuation of the Unified Development code (UDC) which is a comprehensive rewrite of the City's current Zoning and Planning Ordinances into one comprehensive document that also establishes best practices and is adoptable by the community. The City's current ordinances have not faced a comprehensive review or rewrite in over 20 years and as a result, the UDC is facing an extraordinary challenge for adoption. $50,000 30 Weed and Seed Program The Weed and Seed Program is a comprehensive multi - agency approach to combating violent crime, drug use and gag activity in high crime neighborhoods. the goals are to "weed" out crime from targeted neighborhoods, while at the same time "seed" the target areas with a wide range of crime prevention programs and Human Services to prevent crime from reoccurring within the target areas. This will fund for the Director's or staff salary. $50,000 $50,000 City Projects Total $6,590,085 $2,907,000 $435,000 6 ii. .; �.,. '. ,x: .rs. • '.�.. <..^;ry. § - EE: S' b .. .,. . xs-^' ,e .. . } ., Z 3� -.' .eeee .L 1 a ;.. CDBG NONPROFIT /OTHER ENTITIES 31 Boys and Girls Club of Corpus Christi Final Phase of our Sports complex includes: the construction of a maintenance storage building; paved parking lot on the south side of the complex; fencing; and sidewalk areas. This phase will complete our efforts to construct a comprehensive Sports complex for the children we serve. The number of children's' teens to be reached will run into the thousands located at 3902 Greenwood Drive. $150,000 $100,716 32 Brooks Chapel Early Childhood Development Center Replacement of roof overhang not as a result of lack of maintenance but due to roof overhang being poorly engineered located at 1517 Winnebago. Capital Contribution $5,000 $65,300 $65,300 33 CCHAISeabreeze Seniors, L.P. Two hundred senior one and two bedroom units with one community building needing attenuation wall along Interstate 37, approximately 2000 feet long to buffer sound located 809 Derry Drive. $475,000 34 Charlie's Place Water and Sewer Lines Charlie's Place proposes to replace the existing water and sewer pipes (within the access road) that serve our facility. This will allow us to continue to provide services to nearly 1,200 residents being treated for substance abuse issues each year and add additional beds in the future located at 24 North Country Club Place. Capital Contribution $5,000 $79,313 35 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Charlie's Place proposes to rehabilitate the 70 year old Coleman House entire facility so that may continue to house 14 low income individuals during their treatment for substance abuse. Proposes to rehabilitate its structure including: replacing roof and flashing; rehabilitating three bathrooms; electrical work to bring original wiring up to code; plumbing work to replace original pipes; Fix kitchen and bathroom leaks and rot issues; replace uninsulated windows.; and interior /exterior paint peeling and chipping located at 24 North Country Club Place. Capital Contribution $18,000 $150,000 $40,000 36 Coastal Bend Center for Independent Living (CBCIL) Improvements to Building "A" CBCIL property include a new roof and interior rehabilitation in the transitional units located at 1537 7th Street. $20,000 $15,000 37 Coastal Bend Center for Independent Living ( CBCIL) Barrier removal (home modifications) for up to 10 rental properties for people with disabilities participating in the CBCIL City HOME Choice TBRA Project. $25,000 $25,000 38 Corpus Christi Hope House The project is for repairs and renovations for emergency shelter and transitional housing for up to 11 homeless women and their dependent children located at 630 & 658 Robinson Street. Capital Contribution $5,950 $53,545 39 Del Mar College/Business Resource Center The purpose of this project is to retain, expand and create small and Section 3 businesses and retain, expand and create jobs for low to moderate income residents and Section 3 residents located at 3209 S. Staples. Capital Contribution $810,924 $175,000 $175,000 40 Fighting to Rid Gangs in America Foundation, Inc. Improvements will be done.to the facility to make it more accessible . The improvements will make our facility more ADA compliant located at 2121 Mary Street. Capital Contribution $10,000 $110,000 $75,000 7 Greenwood Molina Children's CenterlSchoolagers Play Park The site is a vacant lot owned by the agency. It is 166" deep and 55" wide. It will be equipped with park tables and benches. A covered amphitheater, track for 41 riding toys. A portable storage for their portable equipment and supplies. A $75,000 $25,000 basketball goal on a small mini paved area for this purpose. The same surface will be used for similar activities located across from 954 National Drive. Capital Contribution $5,000 Lofty Apartments /Buffalo Lofts /Plaza Lofts Rental rehabilitation of 18 urban lofts in Downtown, 4 of which will be CDBG $300,000 $300,000 42 assisted and rented to households at Tess than 80% median income located at 817 N. Carancahua. Capital Contribution $1.4M Mary McLeod Bethune Day Nursery, Inc. Providing tow income families with quality child care, Bethune Day Nursery 43 seeks funds for the rehabilitation of flooring in buildings A, B and C, including $86192 structural problems in building C, as well as addressing security issues throughout the facility located at 900 Kinney Avenue. Capital Contribution $3,000 New Life Fellowship of Corpus Christi/Renovation for Rehabilitation Rehabilitation and improvements to existing structure for the purpose of doubling 44 housing capacity to 20 beds and providing basic ADA features for homeless women with substance abuse issues located at 1111 12th Street. Capital Contribution $8,000 Nueces County Community Action!WeatherizationlMinor Home Rehab 45 Make minor home and weatherization improvements to approximately 27 homes $80,000 $40,000 more energy efficient. Approximately 90 persons with low to very low income will benefit from program. Capital Contribution $279,244 $60,000 Nueces Lofts Apartments Adaptive reuses of a historic downtown building from office space to rental apartments. Project costs include construction and development costs related to the change from existing office use to residential apartments exclusive of 46 acquisition and commercial tenant finish costs. The completed development will $500,000 $500,000 have sixty six loft style apartment units with approximately twelve apartment units set aside for low income residents. The HOME Funds are requested as a subordinate loan to be repaid from the developments of net operating income located at 317 Peoples Street. Capital Contribution $6.2M Universal Little League 47 Public facilities and improvements to bleachers, scoreboard, electrical covers, $59,500 $35,000 ADA sidewalk & new patio located at 4035 Greenwood Drive. Total Nonprofit $2,463,850 $1,241,016 Total City Projects $6,590,085 $2,907,000 Overall Total $9,053,935 $4,148,016 Additional funds for Nonprofit $155,000 Additional funds for City Projects $435,000 Additional funds Subtotal $590,000 CDBG funds included in FY07 Action Plan 4320,000> Overall Grand Total $4,418,016 * Increase funding to complete the project & consider any possible change orders ** Increase funding to oversee the Model Block Program 8 19 CITY COUNCIL AGENDA MEMORANDUM Date: Au ust 28, 2007 AGENDA ITEM.: A. A motion authorizing the City Manager or designee to accept grants from the U. S. Department of Housing and Urban Development to implement the FY2007 Consolidated Annual Action Plan, including the Community Development Block Grant (CDBG), the Emergency Shelter Grant (ESG), and the HOME Investment Partnerships (HOME) Grant, and execute subrecipient agreements for community planning and development projects and activities. CDBG FUNDING (1) Boys and Girls Club of Corpus Christi - $100,716 for the construction of a maintenance storage building, parking lot, fencing and sidewalk areas located at 3902 Greenwood Drive. This final phase will complete the efforts to construct a comprehensive sports complex for the children that they serve. (2) Brooks Chapel Early Childhood Development Center - $65,300 for the replacement of roof overhang located at 1517 Winnebago. This was not as a result of lack of maintenance but due to the roof overhang being poorly engineered. (3) Coastal Bend Center for Independent Living (CBCIL) - $15,000 for improvements to Building "A" including a new roof and interior rehabilitation in the transitional units located at 1537 7th Street. Project scope may be decreased due to a reduction of funding in their request. (4) Coastal Bend Center for Independent Living (CBCIL) - $25,000 for barrier removal (home modifications) for up to 10 rental properties for people with disabilities participating in the HOME Choice TBRA project. (5) Del Mar College /Business Resource Center - $175,000 for the purpose to retain, expand and create small and Section 3 businesses and retain, expand and create jobs for low to moderate income residents at the Del MarlBusiness Resource Center located at the 3209 S. Staples. (6) Greenwood Molina Children's CenterlSchoolagers Play Park - $25,000 for equipping a vacant lot owned by the agency with park tables, benches and portable storage located across from 954 National Drive. Project scope will be decreased due to a reduction of funding in their request. (7) Nueces Lofts Apartments - $500,000 for the adaptive reuse of a historic downtown building from office space to rental apartments. The completed development will have sixty six loft style apartment units with approximately fourteen apartment units set aside for low income residents located at 317 Peoples Street. (8) Universal Little League - $35,000 for public facility and improvements to include bleachers, scoreboard, electrical covers, ADA sidewalk and new patio located at 4035 Greenwood Drive. Project scope will be decreased due to a reduction of funding in their request. FY2007 ESG FUNDING (9) Catholic Charities to provide $13,000 for the provision of Homeless Prevention including short term subsidies, security deposits or first month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. (10) Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place to provide $12,000 for the provision of Essential Services including services concerned with employment, physical health and education for the homeless. Funding of Maintenance and Operations will include rent, insurance, utilities and furnishings. (11) Corpus Christi Hope House, Inc. to provide $13,000 for the provision of Essential Services including services concerned with employment, physical health and education for the homeless. Funding of Maintenance and Operations will include rent, insurance, utilities and furnishings. (12) Corpus Christi Metro Ministries, Inc. to provide $43,000 for the provision of Essential Services including services concerned with employment, physical health and education of the homeless. Funding of Maintenance and Operations will include rent, insurance, utilities and furnishings. Provision of Homeless Prevention will include short -term subsidies, security deposits or 1st month's rent, mediation programs, legal services, and payment to prevent foreclosure on a home. (13) Mary McLeod Bethune Day Nursery, Inc. to provide $13,000 for the provision of Essential Services including services concerned with employment, physical health and education of the homeless. Funding of Maintenance and Operations will include rent, insurance, utilities and furnishings. (14) New Life Fellowship of Corpus Christi, Inc. to provide $10,000 for funding maintenance and operations costs to include rent, insurance, utilities and furnishings. (15) The Ark Assessment Center and Emergency Shelter for Youth to provide $13,000 for the provision of Essential Services including services concerned with employment, physical health and education of the homeless. Funding of Maintenance and Operations will include rent, insurance, utilities and furnishings. (16) The Salvation Army to provide $13,000 for the provision of Essential Services including services concerned with employment, physical health and education of the homeless. Funding of Maintenance and Operations will include rent, insurance, utilities and furnishings. (17) The Women's Shelter of South Texas to provide $20,498 for funding maintenance and operation costs to include rent, insurance, utilities and furnishings. Other costs are for the provision of Homeless Prevention which include short-term subsidies, security deposits or 1st month's rent, mediation programs, legal services, and payment to prevent foreclosure on a home. FY2007 HOME FUNDING (18) Community Development Corporation (CDC) to provide $200,000 for funds to assist approximately 11 families in buying down a new home through the down payment and closing cost program. A deferred forgivable loan, not to exceed $20,000, payable after the 1$L mortgage is paid, will be provided to low income home buyers for the purchase of a home. The amount of deferred loan will be based on HUD income limits. (19) Apartments of the VillageILULAC Hacienda Apartments - $260,009 to demolish with the reconstruction of a 60 unit HUD 202, with 54 one bedroom units and six two bedroom units located at 2625 Greenwood Drive; 10 units will be HOME - assisted. (20) Messianic Fellowship Church Affordable Housing Initiative - $300,000 for the new construction of a 32 unit apartment facility to be used by area residents as a moderately priced rental development located at 3210 Mueller Street. (21) TG110 — Glenoak Apartments (CHDO) to provide $250,000 for the rehabilitation of the 68 low income housing development located at 711 Glenoak. Exterior improvements include re- roofing five buildings, the removal and replacement of all deteriorated exterior siding and trim boards, installation of new heavy gauge vinyl siding over existing siding and overhang soffit areas to include wind storm inspections, preparation and painting of all exterior brick, trim boards, breezeway soffit areas, staircases, railing and exterior doors, installation of a new heavy gauge wrought iron fence around the parameter of the property to include parking areas and manual gates at the entrances to the property, installation of storm windows to the existing windows with full solar screens inclusive of minor repairs to the existing windows. B. An ordinance appropriating $6,851,949 in the No. 1059 CDBG Grants Fund for the FY2007 Consolidated Annual Action Plan which includes: (1) $4,148,016 for the CDBG Program, consisting of $3,480,612 of entitlement funds, $470,000 of program income from housing loans, $65,569 of demolition lien program income, and $131,835 of reprogrammed funds; (2) $150,498 of entitlement funds for the ESG Program; and (3) $2,553,435 for the HOME Program, consisting of $1,649,582 of entitlement funds, $25,570 of the American Dream Downpayment Initiative Grant, $175,385 of program income from housing loans, and $702,898 of reprogrammed funds, for approved community planning and development projects and activities; and declaring an emergency. ISSUE: (A) Subrecipient agreements with nonprofit organizations who were awarded FY2007 Community Development Block Grant Program Funds, Emergency Shelter Grant Funds and HOME Investment Partnerships (HOME) Funds need to be approved by the City Council., and (B) Accepting and appropriating FY2007 CDBG, ESG and HOME funds received from the HUD. PRIOR: On April 17, 2007, the City Council adopted its FY2007 Consolidated Annual Action Plan for Community Planning and Development Programs that includes $3,480,612 for the CDBG Program, $470,000 of program income from housing loans, $65,569 of demolition lien program income, $131,835 of reprogrammed funds, and $150,498 for the ESG Program and $1,649,582 for HOME Investment Partnerships (HOME) Program, $25,570 of the American Dream Downpayment Initiative, $175,385 of program income and $702,898 of reprogrammed funds totaling $6,851,949 (M2007 -106). The projects /activities approved are listed as Exhibit A. REQUIRED COUNCIL ACTION: (A) Authorize the City Manager or designee to execute FY2007 CDBG agreements with Boys and Girls Club of Corpus Christi, Brooks Chapel Early Childhood Development Center, Coastal Bend Center for Independent Living (CBCIL), Coastal Bend Center for Independent Living (home modifications), Del Mar College /Business Resource Center, Greenwood Molina Children's Center /Schoolagers Play Park, Nueces Lofts Apartments and Universal Little League; 2007 ESG agreements with Catholic Charities of Corpus Christi, Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place, Corpus Christi Hope House, Inc., Corpus Christi Metro Ministries, Inc., Mary McLeod Bethune Day Nursery Inc., New Life Fellowship of Corpus Christi, Inc., The Ark Assessment Center and Emergency Shelter for Youth, The Salvation Army and The Women's Shelter of South Texas; FY2007 HOME agreements with Community Development Corporation (CDC), Apartments of the Village /LULAC Hacienda Apartments, Messianic Fellowship Church Affordable Housing Initiative and TG110, Inc/Glen Oak Rehabilitation Project. (B) Acceptance of the FY2007 Consolidated Annual Action Plan for CPD Programs and appropriating $6,851,949 for CDBG, ESG and HOME project/activities approved on April 17, 2007 (M2007 -106). RECOMMENDATION: (A) That the City Manager or designee be authorized to execute Subrecipient agreements for funds provided from the FY2007 CDBG, ESG and HOME Programs. (B) Accept the FY2007 Consolidated Annual Action Plan for Community Development Programs and appropriating $6,851,949 for FY2007 projects /activities approved by City Council on April 17, 2007. Dani I Gale os Jr D Administrator ADDITIONAL SUPPORT MATERIAL Background Information List of approved projects *] BACKGROUND INFORMATION Staff released a Pre - Application form, a prerequisite for submitting a Request for Proposal (RFP) for the 2007 CDBG, ESG and HOME programs, on January 2, 2007 and was due on January 26, 2007. This allowed staff to preliminary review potential projects that were seeking federal funding. Subsequently, the Full Application /RFP was posted on the City's website for interested parties in submitting which was due on February 28, 2007. Staff forwarded the 2007 Consolidated Annual Action Plan (CAAP) books to City Council, which consisted of all eligible proposed projects, on March 30, 2007. City Council held a public hearing on April 10, 2007 concerning the 2007 CAAP that included CDBG, ESG and HOME project and activities, program income and reprogrammed funds totaling $6,851,949; thereafter, the 2007 CAAP was approved by City Council on April 17, 2007. The U.S. Department of Housing and Urban Development issued an approval of the 2007 CAAP to the City of Corpus Christi on July 18, 2007. As a result, staff is recommending the authorization to execute 2007 agreements with non profits and other entities funded through the CDBG, ESG and HOME programs and the appropriation of funding for the projects /activities. The effective date for the grant is August 1, 2007. 4/18/2007 EXHIBIT A CITY OF CORPUS CHRISTI FY2007 CONSOLIDATED ANNUAL ACTION PLAN ADOPTED FY2007 CDBG PROGRAM FY2007 CDBG Allocation $3,480,612 Reprogrammed Funds $131,835 Program Income from Demolition Liens/Clearance of Vacant Properties $66.569 Program Income from Rehabilitation Program $470J000 TOTAL FUNDS AVAILABLE FOR FY2007 CDBG PROGRAM $4 148 016 COBG Program Administration This project will fund staif salaries and administrative costs. Staif is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Programs. Staff interprets CDBG, HOME and ESG federal regulations, conducts public hearings/meetings, reviews 5 $407.000 propose projects and activities to determine funding, eligibility, monitors Subrecipients, provides technical assistance, conducts environmental assessments of funding projects/activities and enforces Davis Bacon federal wage rate requirements. Clearance of Vacant Propertles Program This activity will entail the clearance of vacant properties by the removal of weeds rubbish, brush, debris ' ' ' ' 6 $200.000 and other unsightly, objectionable or unsanitary matter in all CDBG eligible areas to include designated Neighborhood Initiative Program (NIP) Areas. Liens may be placed against the properties to cover the cost incurred. Code Enforcement Program The salaries of (4) Code Enforcement Property Advisors, (2) Project coordinators, (1/2) Support clerk will be fundect in the amount of $297,585.The Property Advisors/Project Coordinators are responsible for inspecting properties within CDBG Target Areas for violations of City Code and Health Ordinances. The Neighborhood Initiative Program selects five (5) small neighborhoods within CDBG Target Areas that are in need of compliance assistance. Each area that is selected 8 *247.000 becomes part ofthe Neighborhood PhdoProQnomthmfoUow|ng fiscal year for continued nionitoring and citizen compliance. Inspections are conducted on particular code violations. The Property Advisors/Project Coordinators will also implement a comprehensive approach to coordination of multi-departmental teams of City services and programs to address specific needs of each neighborhood. The addition of a Project Coordinator is to assist with the sustainability efforts of the Neighborhood Pride Program. Comprehensive Planning Assistance Continuation of Comprehensive Planning Activities including but not limited to: data collection, population projections, land use surveys comments on zoning platting and other activities design to update comprehensive plan elements or 10 $58.000 implement adopted plans. Emphasis will also include Master Plan updates. The focus for the next few years will be data collection and population projections as we must prepare for a federal census data gathering timeframe. Staff will pull together all resources in order to meet federal timeLines. Demolition Program Demolition of substandard structures determined to be health and safety issues with 50% or more deterioration of the general structure. Each structure will be assessed and surveyed as a building case, providing the property owner an opportunity to resolve the substandard conditions. |f the property owner does not comply within the mpmdfiedamount of time, a building case is forwarded to the Building Standards Board (BSB) for final orders for repair and/or demolition by 11 $200.000 the property owner. If the property owner again fails to comply with the Board's order, the City is granted authorization to demolish the structure. A lien for the cost of the demolition service may be placed on the property as determined by the Code and Zone Administrator. Demolition grants made available for emergency abatement of hazardous structures that create blight conditions forthe neighborhood. The Demolition grants will be considered on a case by case basis for prop Downtown lnfrastructure Improvements The request for this project is to improve the Downtown Infrastructure including lighting, sidewalks and other eligible 12 *20.000 improvements. Emergency Home Repair Grant Program Emergency repair grants up to $6,500, are provided to homeowners who are 65 years old or older or disabled and very 14 $200.000 low income. A majority of the repairs are for roofing, plumbing, electrical, heating and minor structural. It is anticipated that the $550.000 will enable uoto perform emergency repairs onB4400units. 1 'S ,. P !S ya ' � � "� � � _ .. _.,. __ _ .. __ _ .... pan ... .__._ :�.� FY 2008 - FY 2012 Consolidated Plan The U.S. Department of Housing and Urban Development (HUD) requires each local jurisdiction to consolidate into a single submission the planning & applications for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) & the Emergency Shelter Grant (ESG) Programs. In accordance with HUD regulations, the City is required to submit a new Consolidated Plan (Plan) for FY2008 for a 5 -year term. The Plan includes both a planning document & an application for the CDBG, ESG & HOME Programs that are developed to acheive the goals to principally serve low & moderate income residents. The Consolidated Annual Action Plan describes the activities & projects to be assisted with funds received under these programs & other HUD programs that help to meet housing & community development objectives. This project proposal will in essence fund the preparation needed with the assistance of a consultant to conduct a new Consolidated Plan for FY2008 to FY2012. This will also include updating the Analysis of Impediments which outlines Federal Laws, Policies and Complaint Laws, and Impediments to Fair Housing Choice and remedial activities to address impediments. 15 $50,000 Garcia Arts Education Center -Area Street Improvements The Garcia Arts Education Improvements define the following streets in this project as: 17th Street Agnes Street to Marguerite Street. The street work will include approximately 300 I.f. for 17th Street. The project also includes ADA requirements, curb and gutter and sidewalks. The utility work along 17th Street are also included by wastewater and storm water. 18 $185,000 Mortgage Servicing The funds being requested are for the operations of our mortgage servicing section and include the salaries of one staff person that handles the servicing of all loans provided through the City's Single Family Rehabilitation Loan Program. Our request includes funding for one additional staff person that will assist the one person currently handling all mortgage servicing. Services include collection of loan payments; paying property taxes and annual insurance premiums; managing the individual homeowner's escrow accounts; providing homeowners with income tax form 1098; preparing end of year escrow analysis; processing of payment booklets; preparing monthly end of month reports; conduct daily posting of payments; and handle release of liens. Counseling is provided regarding payment alternatives and establishing payment plans. Mortgage Services is currently servicing 850 different types of loans. 33 $58,000 Rehabilitation Services The funds being requested are to pay the operating costs and salaries of staff that provide support services for the administration of the Rehabilitation Loan Program; Emergency Home Repair Grant Program; Homebuyer Programs; Loan Counseling, Homebuyer Classes; Support for the 4A Board, Support for the CDC; and Rental Rehabilitation Loan Program. These programs are designed to assist low and very low income households. Services include loan processing; developing specifications and plans; monitoring of construction projects through inspections; processing of homebuyer applicants; conducting inspections; and conducting homebuyer classes. 34 $677,000 Renewal Community The City of Corpus Christi Economic Development Office is requesting $20,000 of CDBG funds to continue outreach and marketing activities in the original and expanded Renewal Community (RC). These outreach services include contracting for professional services to assist new businesses in completing the commercial Revitalization Deduction applications, completing forms associated with tax credits and deductions, contacting for professional services to complete surveys of the RC, development and printing of marketing materials, distributions of marketing materials, workshops and seminars, professional or temporary services to assist businesses in identifying employees who live in the RC in order to claim credits, and staff training. 35 $20,000 Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The purpose of this request to to allocate CDBG funds to bear the residents share of installation of costs in qualified CDBG eligible tracts. The City of Corpus Christi will still bear the expense of the City's share of the installation costs (which may range from 0% to 100 %). Thus far, since the inception of the RTMP, residential neighborhoods in CDBG areas have not elected or been able to participate in the RTMP due to difficulty in obtaining the residents' share of the cost. 36 $12,000 Single Family Rehabilitation The Single Family Rehabilitation Loan Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. It is estimated that 1 -3 units will be rehabilitated and 15 -18 units will be reconstructed. These funds will also be used to demolish and relocate homeowners being assisted with the reconstruction of their homes. The funds provided for demolition and relocation will be provided as a grant to the homeowner. Rehabilitation Loans ($935,000), Demolition ($150,000); Relocation ($180,000). 37 $470,000 2 3 Weed and Seed Program The Weed and Seed Program is a comprehensive multi- agency approach to combating violent crime, drug use and gag activity in high crime neighborhoods. the goals are to "weed" out crime from targeted neighborhoods, while at the same time "seed" the target areas with a wide range of crime prevention programs and Human Services to prevent crime from reoccurring within the target areas. This will fund for the Director's or staff salary. 42 $50,000 City Projects Total $2,907,000 y7 jN ry�7�{y� t.-. Y. isw. v. n,.««..«.»... d. Pir+ R,:. bbb..., ia, 3.. xu. isee.. M1... s.. yiw.. e.!«. i. i.. v+. n ..x- u-.w•- W+�'.GS,- wy_-,v'31... ...Y.a...+.:g v »,8w -... 43 ... $100,716 Boys and Girls Club of Corpus Christi Final Phase of our Sports complex includes: the construction of a maintenance storage building; paved parking lot on the south side of the complex; fencing; and sidewalk areas. This phase will complete our efforts to construct a comprehensive Sports complex for the children we serve. The number of children's' teens to be reached will run into the thousands located at 3902 Greenwood Drive. Brooks Chapel Early Childhood Development Center Replacement of roof overhang not as a result of lack of maintenance but due to roof overhang being poorly engineered located at 1517 Winnebago. Capital Contribution $5,000 62 $65,300 Coastal Bend Center for Independent Living (CBCIL) Improvements to Building "A" CBCIL property include a new roof and interior rehabilitation in the transitional units located at 1537 7th Street. 156 $15,000 Coastal Bend Center for Independent Living (CBCIL) Barrier removal (home modifications) for up to 10 rental properties for people with disabilities participating in the CBCIL City HOME Choice TBRA Project. 177 $25,000 Del Mar CollegelBusiness Resource Center The purpose of this project is to retain, expand and create small and Section 3 businesses and retain, expand and create jobs for low to moderate income residents and Section 3 residents located at 3209 S. Staples. Capital Contribution $810,924 229 $175,000 Greenwood Molina Children's CenterlSchoolagers Play Park The site is a vacant lot owned by the agency. It is 166" deep and 55" wide. It will be equipped with park tables and benches. A covered amphitheater, track for riding toys. A portable storage for their portable equipment and supplies. A basketball goal on a small mini paved area for this purpose. The same surface will be used for similar activities located across from 954 National Drive. Capital Contribution 85,000 262 $25,000 Lofty Apartments /Buffalo Lofts /Plaza Lofts * Rental rehabilitation of 18 urban lofts in Downtown, 4 of which will be CDBG assisted and rented to households at less than 80% median income located at 817 N. Carancahua. Capital Contribution $1.4M 284 $300,000 Nueces Lofts Apartments ** Adaptive reuses of a historic downtown building from office space to rental apartments. Project costs include construction and development costs related to the change from existing office use to residential apartments exclusive of acquisition and commercial tenant finish costs. The completed development will have sixty six loft style apartment units with approximately twelve apartment units set aside for low income residents. The HOME Funds are requested as a subordinate loan to be repaid from the developments of net operating income located at 317 Peoples Street. Capital Contribution $6.2M 399 $500,000 Universal Little League Public facilities and improvements to bleachers, scoreboard, electrical covers, ADA sidewalk & new patio located at 4035 Greenwood Drive. 400 $35,000 Total Nonprofit 81,241,016 Total City Projects $2,907,000 Overall Total $4,148,016 * Project #42 Lofty Apartments - Staff recommended amount is for a $200k grant & $100k loan ($300k total) " Project 46 Nueces Lofts Apartments - Staff recommended amount ($500k total) is for a loan not a grant. 3 CITY OF CORPUS CHRISTI FY2007 CONSOLIDATED ANNUAL ACTION PLAN ADOPTED FY2007 ESG PROGRAM FY2007 ESG Allocation $15498 & DESCl TION Pa i':13 b- x s- Catholic Charities of Corpus Christi Provision of Homeless Prevention including short-term subsidies, security deposits or 1st moth's rent, mediation programs, legal services and payments to prevent foreclosure on a home. 419 $13,000 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Provision of Essential Services including services concemed with employment, physical health and education for the homeless. Maintenance and Operation including rent, insurance, utilities and furnishings. 435 $12,000 Corpus Christi Hope House Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Maintenance and Operation including rent, insurance, utilities and furnishings. 449 $13,000 Corpus Christi Metro Ministries Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. Provision of Homeless Prevention including short -term subsidies, security deposits or 1st moth's rent, mediation programs, legal services and payments to prevent foreclosure on a home. 483 $43,000 Mary McLeod Bethune Day Nursery, Inc. Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. 506 $13,000 New Life Fellowship of Corpus Christi, Inc. Maintenance and Operation including rent, insurance, utilities and furnishings. 519 $10,000 The ARK Assessment Center and Emergency Shelter for Youth Payment of Essential Services including services concerned with employment, physical health and education for the homeless. Maintenance and Operation including rent, insurance, utilities and furnishings. 531 $13,000 The Salvation Army Provision of Essential services including services concemed with employment, physical health and education for the homeless. Maintenance and Operation including rent, insurance, utilities and furnishings. 554 $13,000 Women's Shelter of South Texas Maintenance and Operation including rent, insurance, utilities and furnishings. Provision of Homeless Prevention including short-term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. 574 $20,498 Total $150,498 1 CITY OF CORPUS CHRISTI FY2007 CONSOLIDATED ANNUAL ACTION PLAN ADOPTED FY2007 HOME PROGRAM FY2007 Allocation American Dream Downpayment Initiative (ADDI) Reprogrammed Funds Program Income TOTAL FUNDS AVAILABLE FOR FY2007 HOME PROGRAM $1,649,582 $25,570 $702,898 $175,385 $2 553 435 -,•--:;• . ,• - - .• — , t e 1 ■ ''' , • Page - ,e Adopt ..1 CCCIC* Affordable Living Development On August 17, 2004, City Council approved the adoption of a seven year plan on ending chronic homelessness for Corpus Christi (Plan). Within the Plan, there were formulated goals, action steps and a timeline of which specific objectives were to be met over the course of the seven-year period. Action step #4 states to decrease the duration of homelessness by completing 300 permanent supportive housing units by year end 2007. The City of Corpus Christi's 595 200 000 Community Development (CD) Department is proposing to develop a 60 to 100 unit Affordable Living Development. This proposal will assist in the land acquisition and other related cost attributed to the site development. The CD Department will partner with a consultant to secure additional leverage of resources to complete this project. CDC New Construction Homebuyer Program Construction of new single family multi-housing units. The units must remain affordable for a minimum of 10 years. These funds will be used by the CDC. A deferred forgivable loan, not to exceed $20,000, payable after the 1st mortgage is paid, will be provided to low income home buyers for the purchase of a home. The amount of the deferred 596 $200,000 loan will be based on HUD income limits. These funds will assist approximately 14 low to moderate income families. These funds may be applied towards the Model block program. Funds may be used to recapture properties which have been assisted thru the HOME program. First Time Homebuyer Program - ADDI Provide deferred forgivable loans to first time homebuyers, who are low income, to assist them with down payment and 597 $25,570 closing costs for the purchase of a home. Home Administration/Technical Assistance Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program management Technical assistance will be provided to 598 $164,958 enhance the capacity of CHDO's, non-profits, owners/investors of rental property and other organizations that may participate in the program. May include administrative funds for direct operating support for the CHDO's. Homebuyer Assistance Program ($5,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for 601 $450,000 the purchase of a home. Major Rehabilitation 602 $702 898 Provide loans to low income homeowners to assist them with major rehabilitation of their homes. CCCIC Projects Total $1,743,426 . T; ...-, ,.. Arwir, • -- ' - - , :)...,•1 4tiP,0,0 •0. 1:..• g '• , , ,, .. Apartments of the VIllagelLULAC Hacienda Apartments Demolition with the reconstruction of a 60 unit HUD 202, with 54 one bedroom units and 6 two bedroom units located at 604 $260,009 2625 Greenwood Drive; 10 units will be funded with HOME assisted. Messianic Fellowship Church Affordable Housing Initiative The project is a 32 unit rental new construction apartment facility to be used by area residents as a moderately priced 722 $300,000 rental development located at 3210 Mueller Street. SubrecipienfslOther Entities Total $560,009 IFS ,i..„, ,reY.` - , SSd ; 6' . . f � r.-.. .. _,aw -. .,. TG 110, InclGlenoak Rehab Project Rehabilitation of 88 one. two. three and four bedroom apartments for rental to low income families. The HUD agreement with Glen Oak Apartments requires that 14 units are rented to families at or below 50% of the area median income and 54 units at or below 30% of the area median income located at 711 Glen Oak; all units will be HOME assisted. 781 $250,000 C H DOs Total $250,000 CCCIC Projects Total $1,743,426 Subrecipient'slOther Entitles Total $560,009 Total $2,553,435 * Subrecipient'slOther EntitiesICHDO's are contracted thru the CCCIC COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO) - The City of Corpus Christi will set aside at an minimum the 15% ($247,438) required by regulations for use by the CHDO within the 24 -month period. The City of Corpus Christi will provide technical assistance and capacity building as necessary. 2 AN ORDINANCE APPROPRIATING $6,851,949 IN THE NO. 1059 CDBG GRANTS FUND FOR THE FY2007 CONSOLIDATED ANNUAL ACTION PLAN WHICH INCLUDES: (1) $4,148,016 FOR THE CDBG PROGRAM, CONSISTING OF $3,480,612 OF ENTITLEMENT FUNDS, $470,000 OF PROGRAM INCOME FROM HOUSING LOANS, $65,569 OF DEMOLITION LIEN PROGRAM INCOME, AND $131,835 OF REPROGRAMMED FUNDS; (2) $150,498 OF ENTITLEMENT FUNDS FOR THE ESG PROGRAM; AND (3) $2,553,435 FOR THE HOME PROGRAM, CONSISTING OF $1,649,582 OF ENTITLEMENT FUNDS, $25,570 OF THE AMERICAN DREAM DOWNPAYMENT INITIATIVE GRANT, $175,385 OF PROGRAM INCOME FROM HOUSING LOANS, AND $702,898 OF REPROGRAMMED FUNDS, FOR APPROVED COMMUNITY PLANNING AND DEVELOPMENT PROJECTS AND ACTIVITIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. An appropriation is made in the No. 1059 CDBG Grants Fund for $6,851,949 for the FY2007 Consolidated Annual Action Plan, which includes the following: (1) $4,148,016 for the CDBG Program, consisting of $3,480,612 of entitlement funds, $470,000 of program income from housing loans, $65,569 of demolition lien program income, and $131,835 of reprogrammed funds; (2) $150,498 of entitlement funds for the ESG Program; and (3) $2,553,435 for the HOME Program, consisting of $1,649,582 of entitlement funds, $25,570 of the American Dream Downpayment Initiative Grant, $175,385 of program income from housing loans, and $702,898 of reprogrammed funds, for approved community planning and development projects and activities. SECTION 2. Upon the 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 on this the day of , 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary A - OVED: Aug i'� ,:: 4 Eliz- a 'th R. Hundle Assi ant City Attorney for the City Attorney EHord209.doc 1 2007 Henry Garrett Mayor Corpus Christi, Texas day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 28, 2007 AGENDA ITEM: Motion directing the City Manager to implement procedures for placement of advisory signs at beach access locations when testing results indicate bacteria levels are above acceptable standards. ISSUE: In 2005, the Chamber Of Commerce Infrastructure Management Group created a Beach Water Quality Task Force that met and recommended that public information signs be permanently posted at Corpus Christi Beach locations as indicated in options 1 and 2 below: Option 1 - A general cautionary sign stating that water quality may be affected after a heavy rain incident, particularly in storm water outfall areas and that swimming is not advised. This sign would be permanently posted at each monitored beach at Corpus Christi Bay. Option 2 - Additional signs would be placed at monitored sites stating that the area was being regularly monitored for water quality in participation with the Beach Watch program. The Task Force did not recommend posting signs when bacteria levels were elevated. The Task Force further recommended that the Chamber of Commerce Infrastructure Management Group recommend to the City of Corpus Christi that these signs be posted. Ultimately, the Chamber recommended those actions be implemented by the City. The City has taken action to implement this recommendation. Recently, recommendations have been made that the City implement procedures for posting signs at beach access locations where beaches are monitored when bacteria levels exceed acceptable standards. REQUIRED COUNCIL ACTION: Approve the motion. FUNDING: None. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion. Ronald F. Massey Assistant City Manager BACKGROUND INFORMATION The Beaches Environmental Assessment and Coastal Health (BEACH) Act was passed by Congress in 2000 to protect public health in coastal recreational waters. It established uniform criteria for testing, monitoring and notifying the public users of possible coastal recreation water problems. ft also requires that states, in cooperation with EPA, develop and implement a program to monitor for pathogens and pathogen indicators, coastal recreation waters adjacent to the beaches that are used by the public and to notify the public if water quality standards for pathogens and pathogen indicators are exceeded. In July 2001, the Office of the Governor appointed the Texas General Land Office (GLO) as the lead state agency responsible for implementing the provisions of the BEACH Act, as they applied to the state, because of its existing Beach Water Program. This program started in the late 1990's as a fledgling water - quality monitoring program funded by the Coastal Management Program. To date, the Texas Beach Watch Program has received more than $2.5 million in federal funding to implement the program and meet the requirements of the BEACH Act. The Texas Beach Watch Program is a program funded by the U. S. Environmental Protection Agency (EPA) and administered by the Texas General Land Office to monitor water quality at Texas' recreational beaches. When bacteria levels in the water exceed the acceptable standards established by EPA, the GLO works with local governments to issue advisories warning the public not to swim in affected waters. Water samples are collected from 163 stations at approximately 60 recreational beaches along the Texas coast in Arkansas, Brazoria, Galveston, Jefferson, Kleberg, Matagorda, Nueces and San Patricio counties. Water samples are collected weekly during the peak beach session, which runs from May through September, and every two weeks during the rest of the year. The one exception occurs in March for Cameron and Nueces County beaches when weekly sampling is conducted to coincide with spring break. Under the Texas Beach Watch Program, water is tested weekly for the presence of Enterococcus bacteria. When Enterococcus levels exceed the EPA's minimum standard, a water quality advisory is recommended. When samples indicate that bacteria levels are high enough to warrant an advisory, the water at that beach must be sampled every 24 hours until bacteria levels fall within a safe range. An advisory lasts at least 24 hours but can be extended if bacterial levels continue to exceed recommended levels. Water quality conditions at beaches being samples under the Texas Water quality information on the Beach Watch site is updated each time sample results are entered into the database which occurs approximately 36 hours after the sample is taken. Using the interactive map tool, visitors to the site can check results from specific sampling locations, determine when samples were collected, and whether an advisory has been recommended. Many local governments also choose to post advisory signs at beach access points where the water exceeds acceptable standards for bacteria. In general, when a water quality advisory is recommended, contact with the water at that beach should be avoided. This includes swimming, wading, fishing, surfing, kayaking, etc. The public may use a beach under a water quality advisory, as long as local authorities have not closed that beach. Although contact with the water is discouraged until the advisory is cancelled, beaches offer plenty of other recreational opportunities including volleyball, sunbathing, beachcombing, playing, picnicking and many more. 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 28, 2007 AGENDA ITEM: Ordinance changing the Corpus Christi Business and Job Development Corporation (4A Board) budget by appropriating $443,015 from prior year unspent funds and appropriating an additional $200,000 from the 4A Board fund balance for small business support. ISSUE: The 4A Board wishes to re- appropriate $443,015 from the unreserved fund balance from fiscal years 2003 through July 31, 2007. In addition, the 4A Board requests that the current small business support appropriation of $200,000 be increased to $400,000 for fiscal year 2007 -2008 and annually thereafter. REQUIRED COUNCIL ACTION: Adoption of an ordinance appropriating $443,015 and an additional $200,000 from the 4A Board fund balance for small business support. PREVIOUS BOARD ACTION: The 4A Board had previously approved $200,000 for small business support on August 22, 2006 for fiscal year 2006 -2007. FUNDING: Funding of $200,000 for Small Business grants under the 4A Board has been budgeted for 2007 -2008 period. If council approves this agenda item, funds will be appropriated for the 2007 -2008 fiscal year. CONCLUSION AND RECOMMENDATION: On August 20, 2007, the 4A Board approved a re- appropriation of $443,015 unspent funds and approved an additional $200,000 from the 4A Board fund balance to increase its small business allocation to $400,000 for fiscal year 2007 -2008 and annually thereafter. Staff recommends that council approve a total appropriation of $643,015 from the 4A Board fund balance for small business support. Irma Caballero Director of Economic Development Attachments BACKGROUND INFORMATION Shown below is a chart reflecting small business funds from 2003 through July 31, 2007 with an available unspent balance of $443,015. Fiscal Year Appropriated Contracted (ACCION) Expended Balance 2003 -2004 $200,000 - - $200,000 2004 -2005 $200,000 $200,000 $113,952 $ 86,048 2005 -2006 $200,000 - $ 84,521 $115,479 2006 -2007 $200,000 $175,000 $158,512 $ 41,488 Total $800,000 $375,000 $356,985 $443,015 The 4A Board also recommends approval of an additional $200,000 for small business support. The 4A Board wishes to provide increased services and access to capital to small businesses in Corpus Christi. Staff has been instructed to work with the small business community to obtain input on needed services. On September 10, 2007, the 4A Board plans to review project ideas /concepts and provide guidance regarding the process to award these funds. Page 1 of 2 AN ORDINANCE CHANGING THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION (4A BOARD) BUDGET BY APPROPRIATING $443,015 FROM PRIOR YEAR UNSPENT FUNDS AND APPROPRIATING AN ADDITIONAL $200,000 FROM THE 4A BOARD FUND BALANCE FOR SMALL BUSINESS SUPPORT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi Business and Job Development Corporation budget is changed by appropriating $443,015 from prior year unspent funds and appropriating an additional $200,000 from the 4A Board fund balance for small business support. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 28th day of August, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: August 22, 2007 B Gar) W. Smith Assistant City Attorney For City Attorney Henry Garrett Mayor H: 1LEG- DIRIShared \GarySlagenda1200718- 2810rd- Changing 4A budget.doc Page 2 of 2 Corpus Christi, Texas Day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1 LEG- DIRISharedlGarySlagenda1200718- 2810rd- Changing 4A budget.doc 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 28, 2007 AGENDA ITEM: Approval of the contract between the Corpus Christi Business and Job Development Corporation (4A Board) and ACCION Texas Inc., to provide a micro- lending program for small business support and authorizing the City Manager, or his designee to execute the Agreement. ISSUE: The current agreement with ACCION Texas Inc., expired on July 31, 2007. On June 4, 2007, staff received approval to issue a Request for Proposals (RFP) for $200,000 for small business support services. The RFP guidelines were broadly defined to allow flexibility in the type of programs which could be submitted. A total of six (6) proposals were received and after evaluation, ACCION Texas Inc., was recommended for funding. REQUIRED COUNCIL ACTION: Passage of the resolution to authorize the execution of this agreement. PREVIOUS BOARD ACTION: The Agreement was previously approved by the City Council on August 22, 2006 for fiscal year 2006 -2007. FUNDING: Funding for Small Business grants under the 4A Board has been budgeted for 2007 -2008 period. CONCLUSION AND RECOMMENDATION: On August 20, 2007, the 4A Board reviewed the staff recommendation and approved an agreement with ACCION Texas Inc., for $200,000 for a micro lending program. Staff recommends that council approve an agreement with the Corpus Christi Business and Job Development Corporation and ACCION Texas Inc., for $200,000 effective September 1, 2007 through July 31, 2008. Irma Caballero Director of Economic Development Attachments BACKGROUND INFORMATION On June 4, 2007, staff received approval to issue a Request for Proposals (RFP) for $200,000 for small business support services. A bidder's list was created and the RFP was sent out to potential applicants. A pre -bid conference was held on June 18, 2007. Staff reviewed the RFPs and responded to questions and stressed the importance of job creation. Interested parties were advised that guidelines were broadly defined to allow flexibility in the type of programs which could be submitted. Evaluation criteria included: • A management plan and marketing component • Financial capability to operate proposed program • Financial leverage • Small business participation (# of businesses to be served) • Conformance to RFP • Timeline Implementation • Experience • Concept responsive to the needs of small businesses Six (6) proposals were submitted offering the following programs: 1. ACCION Texas Inc.. - Amount requested $200,000 ACCION TEXAS is a non -profit organization that proposes to expand its micro lending program to Corpus Christi entrepreneurs. Each year, ACCION reaches to low and moderate income small business owners who are unable to access credit through traditional sources. ACCION offers them affordable loans and financial training in how to operate a business. ACCION is requesting $200,000 from the City of Corpus Christi to help fund their small business lending program. ACCION will leverage the $200,000 through their interest -buy down program which averages about $19,000 in micro loans for small business owners in the Corpus Christi area. ACCION projects that they will disburse $780,000 in micro - loans, serve 78 businesses and create 21 jobs. ACCION TEXAS 2007 -2008 Proposed Budget Staff Costs 0 Marketing 20,000 Buy -Down Loans 155,000 Loan Loss Reserve 25,000 Total $200,000.00 2. Habitat for Humanity - Amount requested $200,000 Habitat for Humanity proposes: To create a "ReStore" business that will sell donated building materials to small business contractors /builders at a discounted price and the generation of income from sales will offer Habitat for Humanity the opportunity to build more houses for very low income families that do not meet the qualifications for the City of Corpus Christi HUD HOME Affordable Housing program. Habitat for Humanity will carry the mortgage loans on the homes at zero (0) percent and will afford families a monthly mortgage payments of approximately $200 per month. Habitat for Humanity builds simple, modestly -sized houses which use Tess raw materials than larger houses, are less expensive to build and easier to heat and cool. Average Habitat Home cost is $60,000. Mortgage length is up to 30 years. Habitat for Humanity is requesting $200,000 from the City of Corpus Christi for their project. Habitat for Humanity will leverage the $200,000 with a $200,000 contribution from Charity League. In -Kind contributions include a Building purchase for $400,000 and $150,000 for donated goods. The "ReStore" project will create three (3) full time jobs. Habitat for Humanity 2007 -2008 Proposed Budget Staff Costs 79,000 Office Expenses 51,492 Marketing 4,000 Travel 2,500 Insurance 4,985 Miscellaneous (Utilities, repairs and sales tax) 59,000 In -Kind Contribution 550,000 Total $200,977.00 3. Corpus Christi Hispanic Chamber of Commerce (CCHCC1- Amount requested $147,490 CCHCC proposes a "Grow Your Business" program targeting existing small businesses with fewer than 15 employees that are interested in expanding their operations. The program will incorporate four major components: 1) Training through the FastTrac Venture Growth series of workshops providing cutting edge business best practices training for small business enterprises, QuickBooks workshops for accounting skills development, and business specific training for new hires and skills upgrades for employees; 2) Development of a mentoring /counseling program that will provide one -to- one contact from businessman /woman to businessman /woman; 3) An extensive marketing strategic plan to ensure the program is utilized to the fullest extent by businesses needing the services; and 4) Development of a comprehensive resource network by establishing new partnerships with community resources and/or expanding existing partnerships to smooth the road as business navigate the system of necessary paperwork and procedures. The CCHCC is requesting $147,490 to implement the "Grow Your Business" program. The project will provide the following: Business Analysis to 125 businesses, FastTrac enrollment to 32 businesses, QuickBooks Training for 50 participants, Job skill training for 25 employees, a minimum of 25 referrals to other small business resource entities, a minimum of 25 referrals will be made to the "Grow Your Business" program by small business community resource entities, and creation and distribution of a comprehensive list of referral services Compact Disc to 50 small business enterprises. The CCHCC proposal also includes $69,865 of In -Kind contribution in personnel, marketing, building use and equipment use. Corpus Christi Hispanic Chamber of Commerce 2007 -2008 Proposed Budget Staff Costs 85,369 Office Expenses 13,310 Marketing 12,200 Travel 8,811 Building Rental 4,450 Program Costs (Training) 10,000 Miscellaneous (planning tools, certification fees) 13,350 In -Kind Contribution 69,865 Total $147,490.00 4. Corpus Christi Regional Economic Development Corporation ( CCREDC) - Amount requested $100.000 The CCREDC is proposing a Virtual Incubator pilot program to provide business assistance, support and guidance to qualified start-up companies regardless of where they are located through online communication with business executives in specialized fields versus brick and mortar business assistance. Clients will qualify for 3 -year business executive services at the following graduated fee schedules: Year 1 - 75% discount, Year 2 - 50% discount, and Year 3 - 25% discount. The client will also select a list of successful local business people and entrepreneurs that will make up the client's advisory board. This advisory board will periodically meet with client to give advice, feedback and counsel. The Corpus Christi Virtual Incubator will also explore the feasibility of establishing a local angel network in order to increase levels of capital to provide a pool of funds that can be invested in clients. The CCREDC is requesting $100,000 from the City of Corpus Christi to fund the Virtual Incubator program. It will serve 3 businesses per year. The project will create 1 job for a director position. The CCREDC will provide in -kind assistance by providing the Virtual Incubator's Director with office space. The in -kind assistance will cover the office space rent, insurance, utilities, parking, copier use and a computer. Corpus Christi Regional Economic Development Corporation 2007 -2008 Proposed Budget Staff Costs 70,000 Office Expenses 22,000 Marketing 6,000 Travel 2,000 Total $100,000.00 5. Service Corps of Retired Executives (SCORE)- Amount requested $50000 SCORE seeks funding to enhance and expand its current business assistance services to small business owners. Services include: Face to Face meetings, business related workshops, providing small business related written materials and text manuals to clients, business counseling via email, telephone conferencing and office trips, publication of articles of interest and knowledge to small business and referral services. SCORE is requesting $50,000 from the City of Corpus Christi and will use $25,000 to fund an extensive marketing program and the remaining $25,000 will pay salary costs for a part- time executive assistant to assist in coordination of activities. SCORE believes clientele will increase by 50% and the goals of the small business support program will be accomplished if funded. SCORE reported they served 901 clients in 2006. SCORE 2007 -2008 Proposed Budget Staff Costs 25,000 Marketing 24,000 Program Costs (Professional Services) 1,000 Total $50,000.00 6. Small Business Development Center (SBDC)- Amount requested $199.981.40 The SBDC is proposing a "Fast Trac TechVenture Training Program" which is an entrepreneurial program offering technology and life science entrepreneurs the tools needed to start or refine their business venture, including the business concept, how to access capital and advance their venture to the next business level. The program will focus on the specific needs of entrepreneurs with businesses based on developing and marketing technology, developing technology that enables creation or enhancement of a non - technology business and developing biotechnology and life sciences products and/or services. The second project is a "Family Childcare Business Training Program" which will help participants wishing to provide child care, with the training and information to do it as a legitimate business. The program will help participants think and act as a business owner to help them build a sustainable business that serves the needs of the children for which they care. The program includes training in family child care business, networking, personal development, business plan development, service and products, marketing, pricing and promotion, and financial aspects of running a small business. Training for both programs will be eight weeks long at three hours per week. The programs will initially conduct two sessions per year. SBDC is requesting $199,981.40 to fund both training programs. The Fast Trac TechVenture training program will serve 48 businesses and the Family Childcare Business training program will serve 48 businesses. SBDC will leverage the training programs with other existing small business assistance programs at the Del Mar College Center for Economic Development including the SBDC, Procurement Technical Assistance Center, and the City of Corpus Christi Business Resource Center. The SBDC will also offer $4,880 of In -Kind contributions in Seminar room /Computer lab usage. Small Business Development Center 2007 -2008 Proposed Budget Staff Costs 131,394.40 Marketing 2,400 Travel 500 Program Costs (Del Mar Administration Costs) 62,687 Miscellaneous (Training) 3,000 In -Kind Contributions 4,880 Total $199,981.40 Review Process A team was created to review the proposals and identify the successful proposer. Team members included: Deborah Garza - President of the West Side Business Asso. and small business owner Cecil Johnson - Co -owner of Identity Theft Solutions Olga Plornarity - Senior Management Assistant - Finance Department Mike Barrera - Assistant Finance Director Leticia Kanmore - Senior Management Assistant - Economic Development Office Irma Caballero - Director of Economic Development The team held seven (7) meetings and asked proposers to meet with the team on July 30, 2007 to respond to questions. The following issues were also discussed by the team: • What is the greatest need of the small business owner • How sustainable is the project should 4A funds not be available in the future • Are services available in the evening • Will clients be asked to pay for services • How many jobs will be created The team developed 2 matrixes to score the proposals. Matrix -1 had a weight of 75% and measured the following areas: • Management plan and marketing component • Financial capability • Financial leverage • Small business participation (# of businesses to be served) • Conformance to RFP • Timeline Implementation • Experience • Concept/Strategies supporting small businesses Matrix -2 had a weight of 25% and measured the following areas: • Sustainability after 1 year • Fee for Services • Project Outcome • # of jobs created • Evening Services • Start-up Business • Existing Business Matrix -3 final combined scores are as follows: 1. ACCION Texas Inc., - 83.77 2. Corpus Christi Hispanic Chamber - 77.13 3. Small Business Development Center (SBDC) - 71.13 4. Corpus Christi Regional Economic Development Corporation - 68.75 5. SCORE - 53.96 6. Habitat for Humanity - affordable housing project - eliminated from proposal review Based on the initial review and scoring of sustainability, key need of business, job development, coordination with other services, leveraging, avoidance of service duplication and in particular number of jobs created, it is the consensus of the review team members, in particular the small business owner members, recommended to the 4A Board that ACCION Texas Inc., be awarded $200,000 for small business support services. Page 1 of 2 A RESOLUTION APPROVING THE CONTRACT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ACCION TEXAS INC., TO PROVIDE A MICRO - LENDING PROGRAM FOR SMALL BUSINESS SUPPORT AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation (4A Board) has budgeted funds to assist small business in Corpus Christi, Texas. WHEREAS, the 4A Board requested proposals and determined that the proposal from ACCION Texas inc., best provided assistance for small business support; WHEREAS, City Council must approve each contract of the 4A Board; and WHEREAS, City Council deems that it is the best interest of the City and citizens to approve this contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the contract between the Corpus .Christi Business and Job Development Corporation (4A Board) and ACCION Texas Inc., which is attached hereto, is approved. SECTION 2. That the City Manager, or his designee, is authorized to enter into an agreement between the Corpus Christi Business and Job Development Corporation and Accion Texas Inc. to provide a micro - lending program for small business support. ATTEST: Armando Chapa City Secretary APPROVED as to form: August 22, 2007 =`tt' ct' :Nit& Gard W. Smith Assistant City Attorney For the City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor HALEG -DI R1S hared1GarySlagenda1200718- 281Res -Ag mESm al I B us- 4ABd- ACCIONapproval.doc Page 2 of 2 Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1LEG -DI R1Shared1GarySlagenda1200718- 281Res- AgmkSmallBus- 4ABd- ACCIONapproval.doc AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ACCION TEXAS INC. This Agreement ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and ACCION Texas Inc., a Texas nonprofit corporation ( "ACCION Texas "). 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 118th 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 Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi 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 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, ACCION Texas is a Texas nonprofit corporation whose principal mission is to provide loans to small business owners lacking access to commercial credit and ACCION Texas has provided $51 million in 7,777 loans to over 5,123 clients in Texas from 1994 to 2006; WHEREAS, ACCION Texas, through its contract with the Corporation has provided $281,985 in interest buy down loans to 46 small business owners, providing 37 new and 76 retained jobs in Corpus Christi since July, 2004; H:1LEG- DIRVeannielGary \ACCION TEXAS Agreement 070822.doe Page 1 of 10 WHEREAS, ACCION Texas anticipates disbursing, over the next twelve months, approximately 20 loans with a total value of $400,000 to low and moderate income micro and small business owners in Corpus Christi to generate 10 new permanent full -time jobs; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to ACCION Texas, through this contract with ACCION Texas, to be used by ACCION Texas for a micro -loan program (loans under $50,000) for small business loan assistance programs which will result in creation of new full -time permanent jobs in the city of Corpus Christi. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and ACCION Texas 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 for eleven months from September 1, 2007, through July 31, 2008. This agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds. 3. Loan Loss Reserve Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay $25,000 within 30 days of Corporation's execution of this Agreement for the Loan Loss Reserve Program. b. The Loan Loss Reserve Program funds will be used to allow ACCION Texas to leverage additional capital for small business loans. c. "Small business" is defined in the Corpus Christi Business & Job Development Corporation Guidelines & Criteria for Granting Business Incentives ( "Corporation Guidelines), adopted on May 5, 2003, and amended on July 24, 2004, April 25, 2006, and April 10, 2007. d. ACCION Texas anticipates that it will have one million dollars available on an annual basis to be lent to qualifying small businesses in Corpus Christi. e. For every $50,000 in loans that ACCION Texas provides to a small business in Corpus Christi, ACCION Texas shall ensure that the loan will result in the creation of one new full-time permanent job in the city of Corpus Christi. f. Businesses assisted must be located in or locating within the city limits of Corpus Christi, Texas. g. Businesses assisted must be unable to obtain a loan form traditional lending institutions. - 1 :1LEG- OIRVeannielGary\ACCION TEXAS Agreement 070822.doc Page 2 of 10 h. Loan amounts shall be within the range of $5,000 to $50,000. i. ACCION Texas shall provide the Corporation with quarterly reports to identify the loans made, name and address of business receiving loan, jobs created, and other reports as requested by the Corporation. ACCION Texas shall provide the corporation with quarterly reports of capital available for loans to qualified Corpus Christi small businesses or qualified small businesses locating to Corpus Christi. j• k. ACCION Texas will provide funds for operations and loan capital to implement and sustain the program. 4. Interest Buy Down Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay ACCION Texas up to $175,000 for the Interest Buy Down Program as follows: i. ACCION Texas must first receive a request for a loan from a small business located in Corpus Christi, or a business locating in Corpus Christi ( "Business "). ii. ACCION Texas shall review the request for a loan from the Business. iii. Upon ACCION Texas approval of a loan and prior to the closing of the loan, ACCION Texas shall submit Attachment "A" to the Corporation requesting funds to buy down the interest rate from the interest rate allowable per the underwriting criteria to 5.5 %. The Corporation authorizes an interest buy -down up to 7% of the interest rate to finance the loan. Payment by Corporation shall not exceed $17,500 per loan and shall be calculated using the following formula: (Loan amount x interest rate to buy down to 5.5 %) / 12 = N N x number of payments= interest buy down reimbursement to Accion for business loan. (The number of monthly payments shall not exceed sixty (60)) Example: ($10,000 x 7 %) / 12 = 58.33 55.33 x 36 = $2,100 = amount to be reimbursed to ACCION for business loan. iv. The Corporation shall provide a response to approve or deny the reimbursement for the Interest Buy Down Program funds to ACCION Texas within 2 business days of receipt of Attachment "A." The Corporation shall reimburse funds within 30 days after evidence of closing the loan is submitted. v. The total funds available on an annual basis under the Interest Buy Down Program under this agreement is $175,000. b. The loans assisted with the program shall be within the range of $5,000 to $50,000. c. This program shall result in the creation of one permanent full -time job per every $50,000 in loans assisted with the Interest Buy Down Program within two years of the loans. ACCION Texas shall ensure that the loan will result in the creation of one new full -time permanent job in the city of Corpus Christi. H:1LEG- DIRUeannie \Gary\ACC[ON TEXAS Agreement 070822.doc Page 3 of 10 d. Businesses assisted through this program must be: i. Unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case ACCION Texas can loan the remaining amount with the buy -down interest rate program in conjunction with the banklcredit union. ii. Located in or locating in Corpus Christi city limits. iii. New or expanding business or home -based businesses located in the Corpus Christi city limits. iv. Current on payment of all sales taxes. v. Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: i. Refinancing of existing loans or debt ii. Businesses located outside the Corpus Christi city limits iii. Home -based businesses located outside the Corpus Christi city limits iv. Loans to existing businesses which are not planning on expanding v. Business retention. f. ACCION Texas shall provide the Corporation with quarterly reports as provided in Attachment `B" to identify the loans made, name and address of the business receiving the loan, jobs created under the Interest Buy Down Program, and other reports as requested by the Corporation. g- ACCION Texas shall provide funds for operations and loan capital to implement and sustain the program in excess of $20,000 provided in this Section 4 hereby for marketing. h. ACCION Texas shall develop loan underwriting criteria and payment terms and conditions for its loan program and provide to the Corporation. i. At the termination of this agreement and after repayment or other conclusion of all loans assisted by Interest Buy Down Program, ACCION Texas will return to the Corporation any unexpended funds remaining from this Loan Loss Reserve Program. 5. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. H:1LEG- DIRUeannie \Gary\ACCION TEXAS Agreement 070822.doc Page 4 of 10 c. ACCION Texas agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the loan to the Business. d. ACCION Texas agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full -time permanent employees employed by the small business. e. ACCION Texas shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. 6. Buy Local Provision. a. ACCION Texas agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not 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 describe 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. Local Offices. Two staff persons of ACCION Texas offices shall be located in Corporation designated offices or a mutually agreeable location. i. Representation on Accion Texas governing board. ACCION Texas agrees to appoint a person designated by the Corporation as a member of AcciSn Texas governing board. 8. Warranties. ACCION Texas warrants and represents to Corporation the following: a. ACCION Texas 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. ACCION Texas has the authority to enter into and perform, and will perform, the terms of this Agreement. c. ACCION Texas has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. ACCION Texas has received a copy of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that the H:ILEG- DIR1JeannielGary\ACCION TEXAS Agreement 070822.doc Page 5of10 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, Accibn Texas agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of ACCION Texas are duly authorized to execute this Agreement on behalf of ACCION Texas. 10. Compliance with Laws. ACCION Texas shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, County and City governments. 11. Non - Discrimination. ACCION Texas covenants and agrees that ACCION Texas 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 mariner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure. If the Corporation or ACCION Texas 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, fires, 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 Accibn Texas are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force 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. 13. Assignment. ACCION Texas 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. 14. Indemnity. ACCION Texas covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnitees ") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any mariner connected with, or are claimed to arise out of or be in any manner connected with ACCION Texas 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 Indenuutees. ACCION Texas 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. H:\LEG- DIRUeannielGary\ACCION TEXAS Agreement 070822.doc Page 6 of 10 15. Events of Default. The following events constitute a default of this Agreement: a. Failure of ACCION Texas 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 ACCION Texas 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 material respect when made; c. Any judgment is assessed against ACCION Texas or any attachment or other levy against the property of ACCION Texas with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. ACCION Texas makes an assignment for the benefit of creditors. e. ACCION Texas files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by ACCION Texas become delinquent, and ACCION Texas fails to timely and properly follow the legal procedures for protest or contest. g. ACCION Texas changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 16. Notice of Default. Should the Corporation or City determine that Accion Texas is in default according to the terms of this Agreement, the Corporation or City shall notify ACCION Texas in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for ACCION Texas to cure the event of default. 17. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of ACCION Texas, 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. ACCION Texas shall immediately pay $200,000 to Corporation, 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. ACCION Texas 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 ACCION Texas under this Agreement. H:1LEG- DIRVeannie \Gary\ACCION TEXAS Agreement 070822.doc Page 7 of 10 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. 18. 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 of the 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 of ACCION Texas' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time ACCION Texas 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 part 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. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: ACCION Texas: ACCION Texas Inc. Attn.: Janie Barrera 2014 Hackberry San Antonio, Texas 78210 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 H:ILEG- DIRUeannielGary\ACCION TEXAS Agreement 070822.doc Page 8 of 10 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. 20. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 21. 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. 22. Relationship of Parties. In performing this Agreement, both the Corporation and ACCION Texas will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 23. 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. 24. 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 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 Agreement that every section, paragraph, subdivision, clause, provision, phrase, 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 during 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 H:1LEG- DIR17eannie \Gary\ACCION TEXAS Agreement 070822.doc Page 9 of 10 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. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and ACCION Texas. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to the Loan Loss Reserve Program and the Interest Buy Down Program shall survive the termination of this agreement. Corpus Christi Business & Job Development Corporation Attest: By: By: Armando Chapa, Assistant Secretary Eloy Salazar, Chairperson Date: City of Corpus Christi Attest: By: By: Armando Chapa, Assistant Secretary George K. Noe, City Manager Date: ACCION Texas Inc. By: Janie Barrera, President and Chief Executive Officer Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2007, by Janie Barrera, President and Chief Executive Officer for Accion Texas Inc., a Texas non -profit corporation, on behalf of ACCION Texas, Inc. Notary Public, State of Texas H:1LEG- DIRUeannielGary\ACCION TEXAS Agreement 070822.doc Page 10 of 10 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8128107 AGENDA ITEM: An ordinance amending Chapter 53, Article X. Automated red light enforcement, of the City Code of Ordinances by revising the provisions regarding civil penalties, enforcement procedures, the hearing process, and appeal; providing for severance, providing for publication, providing for penalties, and declaring an emergency. ISSUE: The ordinance requires updating because of recent changes in State law that take effect on September 1, 2007. REQUIRED COUNCIL ACTION: Passing of the ordinance. PREVIOUS COUNCIL ACTION: Ordinance was originally passed in January of 2007. FUNDING: No funding is involved. CONCLUSION AND RECOMMENDATION: Staff recommends passing of the ordinance. Bryan P. Smith Chief of Police Attachments: • Ordinance BACKGROUND INFORMATION The City of Corpus Christi passed its automated red light enforcement ordinance in January of 2007. The recent session of the Texas State Legislature resulted in the passage of Senate Bill 1119 which addresses civil red Tight enforcement and takes effect on September 1, 2007. All cities in Texas that had implemented a civil red Tight program are having to amend their municipal ordinances to comply with the recent changes. The changes include the deletion of the recidivism penalty which increased the penalty for a third and subsequent violations, in a one year period, from $75 to $150. State law will now require all penalties to be levied at the $75 amount. The State law also specifically gives the Municipal Court the jurisdiction to hear appeals from the initial administrative hearing and an appeal will now stay enforcement and collection of the civil penalty until a decision is rendered. Penalties collected under the civil enforcement program will now be shared with the State. All cities will be required to send 50% of the revenue derived from penalties to the State Comptroller for deposit into the regional trauma account. The new law also addresses enforcement in that individuals who fail to pay can no longer be reported to the credit bureau. Now, if an owner is delinquent in the payment of a civil penalty, the county assessor - collector or the Texas Department of Transportation may refuse to register a motor vehicle alleged to have been involved in the violation until the penalty is paid. AN ORDINANCE AMENDING CHAPTER 53, ARTICLE X. AUTOMATED RED LIGHT ENFORCEMENT, OF THE CODE OF ORDINANCES BY REVISING THE PROVISIONS REGARDING CIVIL PENALTIES, ENFORCEMENT PROCEDURES, THE HEARING PROCESS, AND APPEALS; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 53, Article X., Automated Red Light Enforcement, is revised to read as follows: ARTICLE X. AUTOMATED RED LIGHT ENFORCEMENT * * * Sec, 53 -297. Imposition of civil penalty for creating dangerous intersections. (a) The city council finds and determines that a vehicle that proceeds into an intersection when the traffic control signal for that vehicle's direction of travel is emitting a steady red signal damages the public by endangering motor vehicle operators and pedestrians alike, by decreasing the efficiency of traffic control and traffic flow efforts, and-by increasing the number of serious accidents to which public safety agencies must respond at the expense of the taxpayers. and is operated in violation of the instructions of that traffic-control signal. (b) Except as provided in subsection (c) of this section, the owner of a motor vehicle is liable for a civil penalty of $75.00 if the motor vehicle proceeds into an intersection at a system location when the traffic control signal for that motor vehicle's direction of travel is emitting a steady red signal. as specked by Texas Transportation Code Section 544.007(d). Sec. 53 -298. Enforcement; procedures. (a) The Department is responsible for the enforcement and administration of this article. In order to impose a civil' penalty under this article, the Department shall mail a notice of violation to the owner of the motor vehicle liable for the civil penalty not later than the 30th day after the date the violation is alleged to have occurred to: * * * (b) A notice of violation issued under this article shall contain the following: * * * (6) a copy of a recorded image of th vehicle- violation limited solely to a depiction of the area of the registration number displayed on the license plate of the vehicle involved in the violation; (7) the amount of the civil penalty for which the owner is liable; (8) = - = = _ = - the number of days the person has in which to pav or contest the imposition of the civil penalty and a statement that the owner may elect to pav the civil penalty by mail instead of appearing at an administrative hearing; * * * (12) a statement that failure to timely pay the civil penalty imposed against the owner will not result in an arrest warrant being issued and that the civil penalty may not be recorded on the person's driving record. Sec. 53 -299. Administrative adjudication hearing. (a) A person who receives a notice of violation under this article may contest the imposition of the civil penalty by requesting in writing an administrative adjudication of the civil penalty within thirty (30) days after the date the violation was mailed . Upon receipt of the request, the Department shall notify the person of the date and time of the hearing on the administrative adjudication. The administrative adjudication hearing shall be held before a hearing officer appointed by the City Manager. The hearing officer has the authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents. * * * (f) A person who is found liable after an administrative adjudication hearing or who requests an administrative adjudication hearing and thereafter fails to appear at the time and place of the hearing is liable for administrative hearing costs in the amount of $50.00 in addition to the amount of the civil penalty assessed for the violation. A person who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty and costs within 10 days of the hearing. A finding under this subsection must be in writing. signed. and dated by the hearing officer. * * * (j) Notwithstanding anything in this article to the contrary, a person who receives a notice of violation under this article and who fails to pay the amount of a civil penalty or to contest liability in a timely manner is entitled to an administrative adjudication hearing on the violation if: (1) the person files a written request and an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person; and (2) within the same period required by Sec. 53- 298(c)(10)b. for a hearing to be timely requested but measured from the date the mailed notice was received as stated in the affidavit filed under Subdivision (1), the person requests an administrative adjudication hearing. (k) A person who is found liable after an administrative adjudication hearing may appeal that finding of liability to th " City's municipal court by filing a notice of appeal with the Appellate- A#ieer clerk of the Court who will schedule the hearing and notify the parties. The notice of appeal must be filed not later than the 31st day after the date on which the administrative adjudication hearing officer entered the finding of liability and shall be accompanied by the payment of an appellate filing fee of $50.00. n appeal dees-not stays the enforcement and collection of the civil penalty. The person shall file a notarized statement of personal financial obligation to perfect the appeal. An appeal shall be determined by the Appellate- Officer municipal court by trial de novo. The affidavits submitted under Sec. 53- 299(g) shall be admitted by the Appellate O filer municipal court in the trial de novo, and the issues must be proved by a preponderance of the evidence. * * * Sec. 53-301 Traffic safety fund. (a) Not later than the 60th day after the end of the City's fiscal year, after deducting amounts the City is authorized by Subsection (b) to retain, the City shall: (1) send 50 percent of the revenue derived from civil or administrative penalties collected by the City under this section to the comptroller for deposit to the credit of the regional trauma account established under Section 782.002, Texas Health and Safety Code; and (2) deposit the remainder of the revenue in a special account in the City's treasury that may be used only to fund traffic safety programs, including pedestrian safety programs. public safety programs. intersection improvements, and traffic enforcement. (b) The City may retain an amount necessary to cover the costs of: (1) purchasing or leasing eauipment that is Dart of or used in connection with the photographic traffic signal enforcement system in the City; (2) installing the photographic traffic signal enforcement system at sites in the City. including the costs of installing cameras, flashes. computer eauipment, loop sensors, detectors. utility lines. data lines, poles and mounts, networking equipment. and associated labor costs; (3) operating the photographic traffic signal enforcement system in the City, including the costs of creating. distributing, and delivering violation notices. review of violations conducted by City employees, the processing of fine payments and collections. and the costs associated with administrative adjudications and appeals; and (4) maintaining the general upkeep and functioning of the photographic traffic signal enforcement system. * * * * * 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 force and effect for its purpose. 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 Christi. SECTION 4. Penalties are as provided in this Chapter. SECTION 5. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on August 28, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to legal form A .,5 I- z, Z 2007 By: r Josep Harney Assistant City Attor ey For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Aucust 28.2007 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Marina Advisory Committee, and the Watershore and Beach Advisory Committee in place of the Water /Shore Advisory Committee; providing for severance and providing for publication. ISSUE: To provide appropriate development and oversight for the Marina, Beach and Waterfront areas of our City by creating the Marina Advisory Committee, and the Watershore and Beach Advisory Committee. REQUIRED COUNCIL ACTION: Action is required by Council to amend the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Marina Advisory Committee, and Watershore and Beach Advisory Committee. PREVIOUS COUNCIL ACTION: The City Council previously created in the Code of Ordinances, City of Corpus Christi, Chapter 2, Section 2 -265, to create the current Water /Shore Advisory Committee. FUNDING: None CONCLUSION AND RECOMMENDATION: Staff recommends the amendment approval to the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Marina Advisory Committee, and Watershore and Beach Advisory Committee. Sally Gavli!, Director Parks and' ecreation Department Attachments: Background Information Ordinance BACKGROUND INFORMATION BACKGROUND: The current Water /Shore Advisory Committee encompasses the Marina and all waterways within the city limits. The Marina Superintendent is the staff liaison for the committee. This is a broad area of responsibility that requires the Marina Superintendent spend time away from his primary function which is to operate the Marina as an Enterprise Fund. There are environmental issues associated with the broad assignment of the committee which neither the committee nor Parks and Recreation staff has the expertise to address. In February 2007, the Water /Shore Advisory Committee held a strategic planning workshop. The planning workshop noted the immediate need for "city staff to determine the direction of the Water /Shore Advisory Committee ". Whether the committee would continue with their primary function being Marina development or, if the committee would expand into the areas outlined within the Ordinance. Once staff began to review the current functions of the Water /Shore Advisory Committee it became apparent that there were two separate areas of responsibility — the Marina area and the water shore and beach areas. The Parks and Recreation Department staff is recommending the reorganization of the current Water /Shore Advisory Committee to become the Watershore and Beaches Advisory Committee, and create a Marina Advisory Committee. Both areas are major tourism attractions for the city and can create economic growth. There is funding, development, maintenance, and special event issues associated with the operation of the Marina, and the watershore and beach areas. Within the newly developed Watershore and Beach Advisory Committee included beaches are: the Gulf Beach, McGee Beach and Corpus Christi Beach. The Parks and Recreation Department realizes that the beaches are one of our main tourist assets. The department has reorganized to provide special focus on these areas. A staff person has been assigned as watershore and beach liaison for all events and maintenance issues. In order to identify these duties, the title created for this position is Beach and Bayfront Event Manager. This person was hired by the city six months ago from the Corps of Engineers in Galveston, and understands the maintenance issues affecting our operations. This staff person will work with our beach maintenance staff and serve as the liaison with the community. This individual's first assignment is to conduct meetings with the beach associations on a quarterly basis, develop an office on the gulf beach to have a presence there two days a week, and coordinate a beach summit with the representatives from the Corps of Engineers, General Land Office (GLO), Nueces County, and other cities with similar maintenance and programming issues in Texas. The Beach and Bayfront Event Manager will work with groups, who hold major special events such as Sea Sculptures, Velocity Games, Buc Days, and Bayfest with the intent to Page 2 increase the number and variety of special events held on our beach areas. The Beach and Bayfront Event Manager would be the staff liaison to the Watershore and Beaches Advisory Committee. The Beach and Bayfront Event Manager began these functions August 1, 2007. The Marina Advisory Committee would focus on the expanded operations of the Marina, to increase events and services, as well as other development within the Marina. The Marina is a focal point of the downtown area and a main attraction for tourist and the community. Tourists who are not boat owners come to the Marina and services should be available to them as well as the Marina tenants. The Marina Superintendent is required to perform the function of a business owner and his work should reflect expanding Marina operations. The Manna Superintendent would be the staff liaison for the Marina Advisory Committee. Staff recommends that the current members of the Water /Shore Advisory Committee be allowed to choose on which of the new committees they would like to serve. These appointments will be evaluated for possible approval by Council. Applications for new members will be solicited during the month of September with appointments being made by the Mayor and Council in October 2007. This proposal was presented to the current Water /Shore Advisory Committee, and the Parks and Recreation Advisory Committee on June 21, 2007 at which time both groups voted to endorse the creation of the Marina Advisory Committee, and modify the current Water /Shore Advisory Committee to become the Watershore and Beach Advisory Committee. Corpus Christi Parks & Recreation Expanding economic growth for our city... HISTORY In February 2007, the Watershore Advisory Committee held a strategic planning workshop. The main topic concerned the direction of the committee, whether to focus on the activities of the Marina, or to expand into the areas outlined by Ordinance. 2 EXPANDED AREAS OF RESPONSIBILITY Staff reviewed the current functions of the Watershore Advisory Committee and determined that there are two separate areas of responsibility • Marina • Watershore and beach 3 Distinct Areas of Growth and Operation • Economic growth, tourism • Funding, development, maintenance, and special event issues • Environmental issues — creating the need to consider and protect resources while pursuing development RECOMMENDATION ENDORSED BY At a joint meeting on June 21, 2007 the Watershore Advisory Committee and Parks and Recreation Advisory Committee voted to endorse this Staff recommendation 8 • Encompass the Marina within the area enclosed by the breakwater fronting Shoreline Blvd, from the breakwater terminus north of McGee Beach to its junction at the foot of Breakwater Ave. • Focus on the expanded Marina operations, increasing events and services, and further development within the Marina • Marina Superintendent to perform function of a business owner, work to reflect expanding facility operations, and to serve as staff liaison for this committee and the community 7 • Area to include the Gulf Beach, McGee Beach, Corpus Christi Beach, Oso Creek and Nueces River areas • Will have the necessary expertise to address environmental issues • Beach and Bayfront Event Manager (new position) to serve as watershore and beach liaison for all events and maintenance issues, this committee and the community 9 aches • Beaches are our #1 tourist attraction • Beach maintenance, natural occurrences and environmental issues require management e er utilize this natural rce for special :vents and business levelopment to gain Las resort town us onthema x_ cestnaiun RECOMMENDATION To provide appropriate development and oversight for the marina, waterfront and beach areas of our city, Staff recommend creating two new committees (to replace the existing Watershore Advisory Committee): • Marina Advisory Committee • Watershore and Beach Advisory Committee 11 • AUGUST Present Recommendation to City Council • SEPTEMBER Applications for Committees • OCTOBER Appointment of Members • OCTOBER/ First Meeting for Each Committee NOVEMBER 12 P-;•J _r_ri r) • r i City of Corpus ALivil t 76J) 2007 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, TO ESTABLISH THE MARINA ADVISORY COMMITTEE AND THE WATERSHORE AND BEACH ADVISORY COMMITTEE IN PLACE OF THE WATER/SHORE ADVISORY COMMITTEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Chapter 2, Administration , Article 1V, Miscellaneous Boards, Commissions and Committees, Division 4 Water /Shore Advisory Committee is revised to read as follows: wr It _ar _x,.1.1 ■ . .. . _ ---- members, and the marina board is hereby abolished upon said Created on 8/21/2007 12:43:00 PM H:ILEG- DIA\LisalOrdinance 20071Watershore and Beach August 28 2007.DOC 2 Sen 2_827 Dutie _ The committees shall advise and make recommendations regarding Created on 8/21/2007 12:43:00 PM H:1LEG- DIR\LisalOrdinance 20071Watershore and Beach August 28 2007.DOC • nomwmrmr kr 3 Created on 8/21/2007 12:43:00 PM H:1LEG- D[R\LisalOrdinance 20071Watershore and Beach August 28 2007.DOC ! - -. _ _ !_ r•• • • 4 {Ord. No. 20293, § 7, 5 3 1 988; Ord. No. 21443, § 2, 7 28 1992) "DIVISION 4. WATERSHORE AND BEACH ADVISORY COMMITTEE "Sec. 2 -80. Created; membership; terms; filling vacancies. "(a) There is hereby created the Watershore and Beach advisory committee. The committee shall be composed of nine (9) members appointed by the city council. (b) Notwithstanding subsection (a), the current members of the water /shore committee shall be appointed to the initial two -year term of the Marina Advisory Created on 8/21/2007 12:43:00 PM H:1LEG- DIR\Lisa \Ordinance 20071Watershore and Beach August 28 2007.DOC 5 Committee or appointed to the initial two -year term of the Watershore and Beach Advisory Committee, as requested by the member by written notification to City Secretary, along with such other persons appointed by City Council as necessary to total nine (9) members for each committee. Of the nine (9) members, one (1) shall be a scientist, i.e., marine biologist; one (1) shall be an engineer; one (1) shall be an environmentalist; one (1) shall be an owner of a hotel or condominium located on North Padre Island or Mustang Island; and one (1) shall be a member of the Corpus Christi Convention and Visitors Bureau. fc) in the succeeding term, five (5) members shall serve a two -year term and four (4) members a one -year term, as determined by drawing. Thereafter all terms shall be two (2) years. (d) Whenever a vacancy occurs during a term, appointments to fill a vacancy shall be to fill the unexpired term. (e) The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Park and Recreation Advisory Committee and vice versa. "Sec. 2 -81. Rules of procedure; officers. "The Watershore and Beach Advisory Committee shall adopt its own rules of procedure. At the first meeting after creation of the committee, a majority of the whole committee shall elect a Chairperson and Vice - Chairperson to serve during the initial two -year term. Thereafter, a Committee Chairperson and Vice- Created on 8/21/2007 12:43:00 PM H:ILEG- DIRILisalOrdinance 20071Watershore and Beach August 28 2007.DOC 6 Chairperson shall be elected by a majority of the whole committee to serve one - year terms expiring each September 1. Said election shall be held each year at the first regular meeting after appointments to fill expiring terms. "Sec. 2-82. Duties. "(a)The Committee shall advise and make recommendations regarding use or preservation of the following areas within the city limits: the waterfront, the beaches, and the natural bodies of water including but not limited to Gulf of Mexico, bays, rivers, and creeks, excluding the Marina area as defined by Section 2 -264. "(b) The Committee's duties include the following: (1) Assist the City Council in providing for the orderly, master planning of the areas described in subsection (a). (2) Review the annual capital improvement budgets regarding the improvement and maintenance of the facilities upon said areas. (3) Review and make recommendations regarding special event requests upon said areas. "Sec. 2 -83. Minutes; staff support. "The City Manager shall appoint a staff member to keep minutes of the committee and prepare such assistance as the committee may request. Created on 8/21/2007 12:43:00 PM H:1LEG- D1R\Lisa \Ordinance 20071Watershore and Beach August 28 2007.DOC 7 "Sec. 2 -84. Watershore and Beach Advisory Committee's coordination with Park and Recreation Advisory Committee. "The Watershore and Beach Advisory Committee and the Park and Recreation Advisory Committee shall submit recommendations to the City Manager and the City Council from time to time concerning any concurrent responsibilities relating to the waters, waterfront, and beaches in the City limits. SECTION 2. That the City Code of Ordinances, Chapter 2, Administration , Article IV, Miscellaneous Boards, Commissions and Committees, is amended to establish a new Division 25 to establish the Marina Advisory Committee. "Division 25. Marina Advisory Committee. "Sec. 2 -260 Created; membership; terms; filling vacancies. "(a) There is hereby created the marina advisory committee. The committee shall be composed of nine (9) members appointed by the city council. (b) Notwithstanding subsection (a), the current members of the waterlshore committee shall be appointed to the initial two -year term of the marina advisory committee or appointed to the initial two -year term of the water, shore and beach advisory committee, as requested by the member by notification to city secretary, along with such other persons appointed by council as necessary to total nine (9) members for each committee. Upon said appointments, the water/shore Created on 8/21/2007 12:43:00 PM H:1LEG- DIRILisalOrdinance 20071Watershore and Beach August 28 2007.DOC 8 committee is hereby abolished. Of the nine (9) members, one (1) shall be a scientist, i.e., marine biologist; one (1) shall be an engineer; and one (1) shall be an environmentalist and one (1) shall be a representative of a restaurant located within the boundaries of the marina. (c) In the succeeding term, five (5) members shall serve a two -year term and four (4) members a one -year term, as determined by drawing. Thereafter all terms shall be two (2) years. (d) Whenever a vacancy occurs during a term, appointments to fill a vacancy shall be to fill the unexpired term. (e) The chairperson of the marina advisory committee shall act as an advisor to the park and recreation advisory committee and vice versa. "Sec. 2 -261. Rules of procedure; officers. "The committee shall adopt its own rules of procedure. At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice - chairperson to serve during the first term. Thereafter, a committee chairperson and vice - chairperson shall be elected by a majority of the whole committee to serve one -year terms expiring each September 1. Said election shall be held each year at the first regular meeting after appointments to fill expiring terms. "Sec. 2-262. Duties. Created on 8/21/2007 12:43:00 PM H:1LBG- DIR\LisalOrdinance 20071Watershore and Beach August 28 2007.DOC 9 The marina advisory committee shall advise and make recommendations regarding development, use, or preservation of the marina, including the following: (1) Assist the city council in providing for the orderly, planned development and use of the marina. (2) Review the annual and capital improvement budgets regarding the improvement and maintenance of the facilities upon the marina. (3) Review and recommend to the city council the feasibility of development, improvements, maintenance or proposed uses for the marina. "Sec. 2 -263. Minutes; staff support. "The City Manager shall appoint a staff member to keep minutes of the committee and prepare such assistance as the committee may request. "Sec. 2-264. Definitions. "In this division, the terms below mean as follows: "Marina: All structures and waters within the area enclosed by the breakwater fronting Shoreline Blvd. from the breakwater terminus at north of South (McGee) Beach to its junction at the foot of Breakwater Avenue." Created on 8/21/2007 12:43:00 PM H;1LEG- DIRILisalOrdinance 20071Watershore and Beach August 28 2007.DOC 10 SECTION 3. That the City Code of Ordinances, Chapter 2, Administration , Article IV, Miscellaneous Boards, Commissions and Committees, Division 2 Park and Recreation Advisory Committee is revised to read as follows: "2 -72. Duties. The park and recreation advisory committee shall advise the city council as to all public parks and the buildings therein, public outdoor recreation areas and centers, and any other grounds placed under its purview by the city manager. Further, the park and recreation advisory committee and the watershore and beach advisory committee shall have joint jurisdiction over all waters adjacent to city parks located along Oso Creek and the Nueces River, however, the park and recreation advisory committee will continue to have sole jurisdiction on the parkland adjoining the waterways." SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Created on 8/21/2007 12:43:00 PM H:1LEG- DIR\LisalOrdinance 20071Watershore and Beach August 28 2007.DOC That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2007, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly That the foregoing ordinance was the day of Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon read for the second time and passed finally on this , 2007, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form: August 22, 2007 By: Lisa Aguilar Assistant City Attorney For City Attorney day of , 2007. Henry Garrett Mayor 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation and report on new home growth vs. projected population growth in the city over the past two years. STAFF PRESENTER(S): Name Title /Position 1. Bob Payne Senior City Planner Department Development Services ISSUE: On June 12th the City Council requested a report and presentation on new home growth vs. projected population growth in the city over the past two years. REQUIRED COUNCIL ACTION: None PowerPoint presentation Attachment: Report- City Development and Growth Information 13-64.& fW'QCfiu4\ Debbie Marroqui PE interim Directo of Development Services Citywide Growth Report Where growth is occurring in Corpus Christi Development Services Department Presentation Outline a City Limits and Extraterritorial Jurisdiction *Historical Citywide Growth o Population Estimates o Existing Land Use Citywide and by Area oSubdivision Platting a Building Permits Conclusions 1 Corpus Christi Population History 1860 - 2000 2 o City and Census Esti mates are within 4 %. a June 30, 2007 estimate: 295,594 Population Growth 300,000 290,000 280,000 c 270,000 0 2130,000 Lsc 250,000 240,000 a 230,000 220,000 210,000 200,000 Population Estimate Census 2001 2002 2003 2004 2005 2008 Jan -Jun 200r 2007 ® CITY Estimate ■ U.S. Census Estimate Population Growth a Average Yearly Population growth rate: • 1990 thru 2000 was 0.78% per year, 20,001 population added; • 2001 thru 2003 was 0.70% per year, 5,769 population added (including July thru December 2000); • 2004 thru 2006 was 1.42% per year, 12,251 population added. 3 LEGEND 'AMUSE TAG Want :, airwlAlae- PieMod -Pak LmrpnUyRadde,ISF MIAldi D . IYA.efdeIBN - Mol*Nawe PialNitaw 04w Ctomemigl - .PattSe.l Kbk PSP 1M VA Indo"' - He yleeiiYl: SASEM J R_ TREETS 4 CITY OF CORPUS CHRISTI, TEXAS PRELIMINARY PLAT ACTIVITY JANUARY 12004 - NOVEMBER 29, 2006 Recorded Plats 1 ,200.00 1 ,000.00 § 800.00 w 600.00 ✓ a 400.00 200.00 0.00 Recorded Plats 2000 2001 2002 2003 2004 2005 2006 2007 5 Recorded Plats - 2006 Citywide Acreage Platted 2006 - 1,042 Acres Flour Bluff, 68.26 Acres, 7% Port/Airport/ Violet (PAV), 38.21 Acres, 4% Southeast, 33.48 Acres, 3% London, 79.82 Acres. 8% Westslde, 84.48 Acres, 8% Mustang Padre, Northwest, 97.18 Acres, 161.11 Acres, 10% 16% South Central, 3.53 Acres, 0% Southside, 450.43 Acres, 44% Lots Platted - 2006 Residential Lots Platted 2006 Subdivisions with 10 Lots or more only Flour Bluff, 139 Lots, 9% Mustang Padre, 176 Lots, 11% Northwest, 265 Lots, 17% Southside, 1,006 Lots, 63% 6 Citywide -- Building Permits 3000 2500 2000 1500 1000 500 Citywide Residential Dwellings Permitted 2000 2001 2002 2003 2004 2005 2006 30-Jun-07 o Note: 2007 is not a full year of data. Percent Residential Permits 60.00% 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% Percent of WI New Residential Permits Issued 2000 - 2007 Southside MPI Northwest Westside Flour Bluff All Other Areas FORT VIOLET OP,'R13 ��'' ` FLOUR NAST SIDE -PADRE ISLAND WPM i CERrPA wurx �WIjRu GUINEAS"! SWrtHSIDE 7 Population o 2000 Census population for the City was 277,454, July 1, 2000. o The estimated population for the City as of June 30, 2007 is 295,594. o Estimated added population 2000 -2007, 16,991. o Population growth for: . 1990 thru 2000 was 0.78% . 2001 thru 2003 was 0.70% (includes July thru December 2000). . 2004 thru 2006 was 1.42% per year, 20,001 persons added. per year, 5,769 persons added. per year, 12,254 persons added. Subdivision Plats °Recorded Plats: • 2000 — 457 acres or 0.71 sq. miles. • 2006 -1,042 acres or 1.6 sq. miles. 1 2007 — 565 acres or 0.88 sq. miles as of 6/30/07. 8 Building Permits €Total residential units permitted for new construction: ,. Year 2000 - 794 units permitted . Year 2006 - 2,807 units permitted • Year 2007 — 653 units permitted as of 6/30/07 Existing Population vs. Residential Building Permits o2000 -- June 2007 • Estimated population growth 16,991 (Average Per Year 2,831) . 11,968 residential units permitted since 2000 (Average Per Year 1,753) 9 Conclusion — Existing Population vs. Residential Building Permits The City's estimate of only 17,000 population growth is generally consistent with Census figures. o However, if all of the new housing built since 2000 were occupied then the new population added would total 32,900. Conclusion — Existing Population vs. Residential Building Permits Until the 2010 census occurs it may not be known exactly what is happening with the population however, until then several factors may explain... . Greater housing vacancy; . Movement of the existing population from one area of town to another in combination with; . The Baby Boomers' children moving out of the extended family home to their own homes; and . Purchase of retirement housing by non - residents outside of the community. 10 Comparison with other Cities ® Census 2005 -2006 Growth Estimates for Cities with over 100,000 population • Of 258 cities Corpus Christi ranked 111th, at 0.8% growth per year. • Highest rate city was 11.9% for North Las Vegas, Nevada • Lowest growth rate was -1.6 percent for Hialeah, Florida (not including New Orleans with - 50.6%) m 170 cities listed with positive growth rate o 88 cities listed with negative growth rate Citywide Growth Report Where growth is occurring in Corpus Christi Development Services Department 11 DATE: TO: THRU: FROM: SUBJECT: August 28, 2007 George K. Noe, City Manager Margie C. Rose, Assistant City Manager Debbie Marroquin, Interim Director of Development Services City Development and Growth Information BACKGROUND On June 12th the City Council requested a report and presentation on new home growth vs. projected population growth in the city over the past two years. The following is a report containing information obtained from various sources including the Development Services Department property data base, building permit data, subdivision data base and the U.S. Census. A presentation will be provided at the August 28, 2007 City Council meeting. Land Use Inside City Limits In 1999 the City and the Corpus Christi Metropolitan Planning Organization (MPO) conducted a citywide land use survey that captured type of uses and acreage of the city. This information was inputted into the City's property data base and is updated by data utilizing building permits and periodic field surveys. Existing Land Use Residential Non - Residential Subtotal Public -Semi Public Un- developable Land (wetlands, water areas) Subtotal Vacant Developable Total Flour Southside Bluff 5,157 1,703 1,268 273 6,426 1,976 5,377 5,335 906 208 12,709 7,520 6,193 4,178 18,902 11,698 Mustang- Padre Is. 719 108 827 5,922 239 6,988 6,694 13,682 Northwest 2,129 477 2,606 2,185 4,791 7,560 12,350 Westside 2,390 2,129 4,519 3,891 8,409 5,167 13,576 The Southside, Flour Bluff, Mustang Island, Northwest and Westside form the primary residential growth areas of the city. These five areas combined contain over 30,000 acres (35+ square miles) of vacant developable land. Growth Presentation August 28, 2007 Page 2 Estimated Population The estimated City population is based on the Census 2000 population of the City as the base year. Added to the Census 2000 population is the estimated new population based on the number of building permits issued times the average household size. The estimate is also adjusted for vacancy rates and demolitions are subtracted from the total housing stock. The City's estimated population is 295,594 as of June 30, 2007. (See Exhibit A) Platting Activity Creation of subdivisions through the platting process shows a significant increase in the number of lots and acres platted per year from 2000 thru 2006. Building Permit Activity NORTH CENT RAL SOUTH CENTRAL SOUTHEAST PORT AIRPORT VIOLET WEST SIDE SOUTHSIDE FLO UR BLUFF MLJSTAN6- PAD RE ISLAND Number Year Acreage of Lots 2000 457.55 460 2001 508.55 689 2002 436.72 945 2003 601.55 791 2004 780.38 1,645 2005 970.07 1,968 2006 1,042.20 1,990 2007 565.04 1,148 Building permit activity by acreage permitted shows that 41 percent of the acreage permitted for new development, 2003 thru 2006, was in the Southside. The Northwest and Westside Areas tied for second highest with 13 percent each and the Flour Bluff and Mustang Padre Island areas were 12 and 5 percent, respectively. Growth Presentation August 28, 2007 Page 3 Total Commercial and Residential Acreage By Building Permit 2003 2004 2005 2006 Flour Bluff 105.80 98.86 100.94 64.68 London 33.80 23.13 46.37 26.68 Mustang -Padre Island 37.77 41.52 46.36 28.34 North Central 0.00 0.16 0.00 0.25 Northwest 111.88 126.86 82.11 64.44 PortIAirportNiolet 10.39 25.55 42.31 13.12 South Central 5.23 5.66 12.68 17.93 Southeast 96.12 22.28 26.05 44.45 Southside 211.13 321.45 355.40 331.54 Westside 103.89 41.91 144.43 98.17 Citywide Conclusions Population • 2000 Census population for the City was 277,454, July 1, 2000 and by the end of the year the City estimated the population to be 278,602. • The estimated population for the City as of June 30, 2007 is 295,594 • Population growth for: 1990 thru 2000 was 0.78% per year, 20,001 persons added. 2001 thru 2003 was 0.70% per year, 5,769 persons added (including July thru December for 2000). 2004 thru 2006 was 1.42% per year, 12,254 persons added. Growth Presentation August 28, 2007 Page 4 Subdivision Plats • Recorded Plats: 2000 — 457 acres or 0.71 sq. miles. 2006 - 1,042 acres or 1.6 sq. miles. 2007 — 565 acres or 0.88 sq. miles as of 6/30/07. Building Permits • Total residential permits for new construction: 2000 - 794 permits were issued. 2006 - 2,807 permits were issued. 2007 - 653 permits were issued as of 6/30/07. Comparison with other Cities • The U.S. Bureau of the Census has complied a list of 258 cities over 100,000 population with an estimated growth rate for each city. Corpus Christi ranked 111th on the list with a growth rate of 0.8 percent for 2005 thru 2006. The highest growth rate was 11.9 percent for North Las Vegas, Nevada. The lowest growth rate (not including New Orleans -50.6 percent) was -1.6 for Hialeah, Florida. • 170 cities are listed with a positive growth rate and 88 cities are listed with a negative growth rate. Attachment Exhibit A: Corpus Christi Population Estimate Exhibit B: Excerpt from the US Census Table EXHIBIT A: Orpus CiW:ISti POp+ � C� r w S nn • qC C, CP N De•.elepmeiiT Services Estimate q 23/ CO. k- N & 0 CO / 0_ a) a a) 7 a To 7W 7 2 > §(5 \777 To o F—D 0 % co 6 °. u>" = 0 2 = 2 C 2 k�2 2= . . 0) §,Q .§ o a) ■ 3 0 OD CO CO % > Oa C • E 3 § % .d (0 22 = c\I Growth Presentation August 28, 2007 Page 6 Exhibit B: Excerpt from the U.S. Census Table - Out of the 258 cities cities between a population of 242,000 and 355,000 are provided below. Annual Estimates of Population Change for Incorporated Places Over 1, 2005 to July 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 on the list 20 100,000, July Table 3: Annual Estimates of Population Change for Incorporated Places Over 100,000, Ranked by Percent Change: July 1, 2005 to July 1, 2006 Rank Geographic Area Population Estimates Change 2005 to 2006 Place State July J20�5' Number Percent 14 Bakersfield city California 308,392 295,769 12,623 4.3 North 15 Raleigh city Carolina 356,321 342,812 13,509 3.9 37 Aurora city Colorado 303,582 296,861 6,721 2.3 41 Tampa city Florida 332,888 325,800 7,088 2.2 53 Plano city Texas 255,009 250,654 4,355 1.7 77 Anchorage municipality Alaska 278,700 275,474 3,226 1.2 79 Riverside city California 293,761 290,417 3,344 1.2 91 Stockton city California 290,141 287,069 3,072 1.1 92 Lexington - Fayette Kentucky 270,789 267,929 2,860 1.1 111 Corpus Christi city Texas 285,267 282,972 2,295 0.8 114 Wichita city Kansas 357,698 355,029 2,669 0.8 126 Newark city New Jersey 281,402 280,007 1,395 0.5 147 Anaheim city California 334,425 333,229 1,196 0.4 153 Cincinnati city Ohio 332,252 331,310 942 0.3 202 Santa Ana city California 340,024 340,865 -841 -0.2 231 St. Paul city Minnesota 273,535 275,084 -1,549 -0.6 250 Toledo city Ohio 298,446 301,728 -3,282 -1.1 251 Pittsburgh city Pennsylvania 312,819 316,299 -3,480 -1.1 252 Buffalo city New York 276,059 279,138 -3,079 -1.1 256 St. Louis city Missouri 347,181 352,572 -5,391 -1.5 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on City's Noise Ordinance. STAFF PRESENTER(S): Name Title /Position Department 1. Joseph Harney Asst. City Attorney Legal 2. Heidi Frese Police Lieutenant Police 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. 2. ISSUE: Presentation on Noise Ordinance and proposed changes. REQUIRED COUNCIL ACTION: None. Mary �y Fj her City Attorne PowerPoint presentation Supplemental information ❑ Noise Ordinance Present and Future Chapter 31 -Noise • Present ordinance drafted prior to 1958 • Regulates use of loudspeakers, vehicle loads causing noise, and establishes what type of noise is a nuisance. 1 Chapter 31 -Noise • Section 31 -6 and 31 -7 use the reasonable person standard; a noise is a nuisance if it causes material distress, discomfort or injury to persons of ordinary sensibilities and is prohibited. Issues • Reasonable person standard alone is difficult to prosecute. • Ordinance does not allow for variation depending on property usage and zoning. 2 State Law • Chapter 42 Penal Code- Disorderly conduct statute. • Noise is presumed unreasonable if it exceeds a decibel level of 85 after notice to person making noise from magistrate or peace officer that the noise is a nuisance. State Law • Disorderly conduct statute may also be violated by a person using abusive, vulgar or indecent language if by its utterance it tends to incite an immediate breach of the peace. • First amendment issues 3 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on City's Noise Ordinance. STAFF PRESENTER(S): Name Title /Position Department 1. Joseph Harney Asst. City Attorney Legal 2. Heidi Frese Police Lieutenant Police 3. OUTSIDE PRESENTER(S): Name TitlelPosition Organization 1. 2. ISSUE: Presentation on Noise Ordinance and proposed changes. REQUIRED COUNCIL ACTION: None. T\t Mary ty Fjher City Attorne PowerPoint presentation Supplemental information ❑ Noise Ordinance Present and Future Chapter 31 -Noise • Present ordinance drafted prior to 1958 • Regulates use of loudspeakers, vehicle loads causing noise, and establishes what type of noise is a nuisance. 1 Chapter 31 -Noise • Section 31 -6 and 31 -7 use the reasonable person standard; a noise is a nuisance if it causes material distress, discomfort or injury to persons of ordinary sensibilities and is prohibited. Issues • Reasonable person standard alone is difficult to prosecute. • Ordinance does not allow for variation depending on property usage and zoning. 2 State Law • Chapter 42 Penal Code- Disorderly conduct statute. • Noise is presumed unreasonable if it exceeds a decibel level of 85 after notice to person making noise from magistrate or peace officer that the noise is a nuisance. State Law • Disorderly conduct statute may also be violated by a person using abusive, vulgar or indecent language if by its utterance it tends to incite an immediate breach of the peace. • First amendment issues 3 State Law • Texas Alcoholic Beverage Code, Section 101.62- Creates a violation if noise is loud, indecent or vulgar or otherwise offensive to persons on or near the premises. • This gives the Commission administrative authority to regulate the noise emanating from a licensee or permittee. Proposed Changes Enforcement • Allow for two ways to enforce the ordinance: - Use a reasonable person standard which makes noise unlawful if it disturbs the quiet, comfort, or repose of a person of reasonable nervous sensibilities. - Use a decibel meter reading measured from the property where the noise is received to determine if the noise exceeds the allowable limits based on time of day and property use. 4 Proposed Changes Allowable Decibel Levels • Residential property: — Maximum allowable decibel level of 6OdB (A) from 8:01 a.m. to 10:00p.m., Monday through Friday, and from 7:01a.m. to 12:00 midnight on Saturday and Sunday. — Maximum allowable decibel level of 50dB(A) from 10:01 p.m. to 8:00a.m., Monday through Fnday, and from 12 :01a.m. to 7:00a.m. on Saturday and Sunday. • Non - residential property: — Maximum allowable decibel level of 6OdB (A) from 10:01 p.m. to 8:00a. m., Monday to Friday, and from 12:01 a.m. to 7:00a.m. on Saturday and Sunday. Proposed Changes Vibration • Prohibit excessive vibration by making it unlawful for any person to create, maintain, or cause any ground or airborne vibration perceptible without instruments by a person at any point on any affected property adjoining the property that is the source of the vibration. 5 Proposed Changes Vehicle Sound Systems • Limit vehicular mounted sound amplification by making it unlawful for any person to operate any sound amplifier connected to a radio, CD player or similar device in a motor vehicle, in such a manner that makes it audible at a distance of thirty (30 } feet or more from the source or when operated causes a person to be aware of the vibration accompanying the sound in any location outside the confines of the vehicle emitting the sound or vibration. Proposed Changes • Exceptions for sound coming from: — Emergency vehides. — Motor vehicle engines with properly installed mufflers — Governmental body in the performance of governmental duty. — Scheduled stadium events, city sponsored celebrations and parades, fireworks displays. — Normal playground activities at schools including school athletic events. — Activity otherwise regulated by the State or Federal government, such as airport activity. -- Operation of air - conditioning and swimming pool machinery up to 63dB(A)in residential and 70dB(A) in non - residential property measured 15 ft. from the machinery. 6 27 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Parks and Recreation presentation on the Community Youth Development Program STAFF PRESENTER(S): Name TitlelPosition Department 1. Sally Gavlik Director Parks and Recreation 2. Valerie Villarreal Superintendent Parks and Recreation 3. OUTSIDE PRESENTER(S): Name Title /Position Oreanization 2. ISSUE: N/A REQUIRED COUNCIL ACTION: None. .04.1.1„ Sally Gay!' Director PowerPoint presentation x Supplemental information ❑ 4 ks and '`- eation Presentation Parks and Recreation Department August 2e, 2007 78415 Community Youth Development Program (CYD) Program funded by the Texas "Department of Family and Protective Services (bFPS) History of CYD In 1995 the 74th Texas Legislature allocated $10.5 million to the Texas Department of Protective & Regulatory Services (PRS) to fund the Community Youth Development (CYD) Program. • Eleven counties with the highest violent juvenile crime rates were identified for CYD funding. • Within each of the 11 counties, the ZIP Code with the highest juvenile probation referral rate was identified as a CYD site. The 78415 ZIP Code area was identified as the CYD site within Nueces County. 2 History continued... • The State of Texas designed this program to be a `grass roots' effort and directed local steering committees to identify community needs and allocate dollars to services that reduce or prevent juvenile crime. vf,vr PRQQGRAM • Workforce Development Corporation was the original Fiscal Agent for the 78415 CYD Program. 3 History continued... In June 1997 the City of Corpus Christi assumed the role of Fiscal Agent. • Historically, Department of Family and Protective Services (DFPS) has awarded each site between $400,000- $500, 000 annually and has added four sites (total of 15). 4 The 78415 CYD Contract /Subcontracts • CYD funds are provided via a contract between the DFPS and the Fiscal Agent (City of Corpus Christi) — This is a "reimbursement" grant — Fiscal Agent is audited annually by DFPS • Audit is full scale which covers ALL financial and programmatic areas of the grant — Fiscal Agent informally monitors subcontractors monthly -- Fiscal Agent formally audits subcontractors annually • As Fiscal Agent, the City of Corpus Christi enters into a contract with DFPS, then subcontracts with local service providers. These contracts and subcontracts incorporate all applicable federal, state and municipal funding restrictions. 5 The 78415 CYD Program in Corpus Christi • Youth ages 17 and younger and their families, living in or attending school in 78415 are eligible to receive CYD services, free of charge. • The Prevention and Early Intervention Services (PEIS) Database indicates that over 3,000 services have been delivered to CYD eligible participants from 91112006- 713112007. — PEIS is a DFPS run 6 database ROLES AND RESPONSIBILITIES Steering Committee • Fiscal Agent Project Coordinator YAC (Youth Advisory Committee) 78415 • • Community Youth Development Program The 78415 CYD Steering Committee • At least 51% of the CYD Steering Committee members must reside in 78415. • Persons recruited must submit an application to the City Secretary. • In adhering to municipal policy, the City Council appoints members to the CYD Steering Committee. • The Steering Committee consists of 11 members, with two youth serving on the Committee B Responsibilities of the CYD Steering Committee • Assess the needs and strengths of the local community to identify gaps in youth services • Review and evaluate proposals submitted by prospective service providers • Selects subcontractors to provide CYD services • Selection is based on state approved evaluation tool using a consensus scoring method — Evaluation tool is developed by Texas Network of Youth Services (TNOYS) • Contracted by DFPS to do training and provide technical assistance for the CYD program • DFPS approves the selected subcontractors, programs and ALL budgets / expenditure classifications that are reimbursable via CYD funds! City Council appropriates contract 9 CYD Request for Proposal (RFP) Process Public Notice of RFP via City Website, local news paper Services begin / Subcontractor training Deadline for Proposals pril ptember ne City Council: Appropriates contract via City of Corpus Christi policies; contracts and subcontracts are signed by all parties (DFPS, City Manager and Subcontractors) Steering Committee: Evaluation of proposals and selection of subcontractors Plan of Operation and Budget prepared DFPS: Reviews and approves CYD Plan of Operation (to include subcontractors) and Budget I0 Evaluation Tool Areas as per Subcontractor RFP • Proposals are rated on a 100 -point scale, based on the following distribution from the application program narrative — Demonstrated Effectiveness 0 -15 — Service Description 0 -25 — Target Population 0 -20 — Staffing Plan 0 -25 — Service Evaluation 0 -15 11 Responsibilities of the Fiscal Agent (City of Corpus Christi) • Complies with all DFPS contractual terms • Integrate internal policies and procedures with those of DFPS /CYD • Hire and supervise the Project Coordinator • Ensure subcontractor compliance with the terms of the DFPS / City contract • Monitor subcontractors for both fiscal and programmatic contract requirements • Ensure timely submission of program service documentation & billings to DFPS, and reimbursements to subcontractors • DOES NOT PARTICIPATE IN THE EVALUATION 1 RANKING OF SUBCONTRACTOR APPLICATIONS 12 Responsibilities of the Project Coordinator (Parks and Recreation Staff) • Coordinate overall CYD programs and serve as a liaison between MPS, Fiscal Agent, Steering Committee, CYD -Youth Advisory Committee, and CYD subcontractors • Ensure timely submission of all monthly reports and processing of required documentation • Provide technical support and training to Steering Committee and CYD subcontractors • Provide regular updates to the Steering Committee and Fiscal Agent • DOES NOT PARTICIPATE IN THE EVALUATION / RANKING OF SUBCONTRACTOR APPLICATIONS 13 Responsibilities of YAC Youth Advisory Committee • Serve as the "youth voice" of the 78415 area • Ensure a youth perspective by serving on the Steering Committee (all members must live in, or attend school in the 78415 ZIP Code) • Assist in assessing community needs and strengths • Provide community outreach and publicize program services with emphasis on the youth population • Provide leadership opportunities for youth to serve their community 14 Other Parks and Recreation Programs that reduce /prevent juvenile crime • Reducing / preventing delinquent and problematic behavior and preserving family cohesiveness is a core value of Parks and Recreation. • Some other Parks and Recreation programs that reduce /prevent delinquent and problematic behavior are - Juvenile Assessment Center - Weed and Seed - Recreation Centers - Latchkey - Athletic programs 15 CYD Budget 2003 -2007 500,000 425,999 2007 96,323 410,677 :'. 507,000- 19:00 81:00 16 78415 CYD Program Service Providers: 1997 -2007 • CCISD (1997 -1999) Community Connection Volunteers, Ropes Course, Fannin Academy of Excellence • Communities In Schools (1997 -2007) Mentoring, Activities, and Pre - Employment Program • CC Public Library (1997 -1999) Computer Outreach Program • Corpus Christi Teen Court (1997 -98) Teen Court • Housing Authority of Corpus Christi (1999, 2001) Camp Genesis, La Armada Day Camp • Paisano Girl Scout Council (1999 -2000) 78415 Troop Program 17 78415 CYD Program Service Providers: 1997 -2007 • Park & Recreation Department (1998 -2003) Summer Youth Recreation, Spring Break Fun, Life - Skills Training • Volunteer Center of the Coastal Bend (1999 -2000) Project JumpStart • Weed & Seed (1998) Tile Project • Workforce Development Corporation (1997) Youth Employment Project • Youth Odyssey (2000 -2007) Adventure Challenge Program • YWCA of Corpus Christi (1999, 2006, 2007) Y -Teen Club 18 78415 CYO Program Service Providers: 1997 -2007 • Planned Parenthood (2004 -2007) — YMU, She Thing, Teen Talk and Health Literacy • YMCA (2003 -2007) — Youth Advisory Committee, Mentoring, Recreation and Leadership • ALL OF THESE SUBCONTRACTORS HAVE BEEN FUNDED WHILE THE CITY OF CORPUS CHRISTI HAS BEEN THE FISCAL AGENT 19 28 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Wastewater Collection System Master Plan Update for South of Oso Creek STAFF PRESENTER(S): Name 1. 'Angel R. Escobar, P.E. Title /Position Director Department Engineering Svcs. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Dan Leyendecker President LNV Engineering ISSUE: This is an update on the status of the Wastewater Collection System Master Plan for South of Oso Creek. The presentation will include an overview of the six wastewater basins and the basis for the development of the Master Plan. Additionally the presentation will provide the planned approval schedule for the Master Plan update for Greenwood Basin South of Oso Creek. The last approval of the Wastewater Master Plan update by City Council was December 12, 2006 which Council adopted the update to sub- basins 5 through 12 for the Greenwood, Oso, Laguna Madre and Whitecap basins. REQUIRED COUNCIL ACTION: None Required Attachments: Exhibit 1: Powerpoint Presentation frJi7 gel R. Escobar, P.E. Director of Engineering Services Wastewater Collection System Master Plan UPDATE South of Oso Creek 1 LNV ENGINEERING ii:. •nQln••re 1 CeneuIMentS August 21, 2007 1 LEGEND WA8TEWATEI_rru m.ntArsls 1 Allison WWTP Rated Capacity: Actual Flow: 5.0 MGD 3.2 MGD ( 64%) Ultimate Capacity Req'd: ± 25.0 MGD Master Plan Updated: 812912006 3 Broadway WWTP Rated Capacity: 10.0 MGD Actual FIOw: 4.4 MGD ( 44%) Ultimate Capacity Req'd: ± 8.0 MGD Collection System in Place; Master Plan not required 2 Oso WRP Rated Capacity: 16.2 MGD Actual Flow: 12.1 MGD ( 75 %) Ultimate Capacity Req'd: ± 16.2 MGD "'N0' " Master Plan Updated: 5/23/2006 & 8/29/2006 xrr, Council elected not to build SSWWTP ,a or expand Oso WRP Carpus Christi Bay MIX /Au 0 1113202.1.0 5 Laguna Madre WWTP Rated Capacity: 3.0 MGD 2.1 MGD �.� (70 %) Ultimate Capacity Req'd: ± 5.0 MGD Master Plan Updated: 8129/2006 Actual Flow: 4900 6196 r s 3 Whitecap WTP W Rated Capacity: Actual Flow: L,...( 2.5 MGD 1.3 MGD ( 62%) '4,144•50t$ Ultimate Capacity Req'd: ± 10.0 MGD Master Plan Updated: 1211212006 • . . IWO TS. 0 •101,0,1 ====■I sua uses 7-12 WOWED 12-12-44 7 Rated Capacity: 8 MGD Actual Flow: 8.4 MGD ( 80 %) Expansion -4 MGD (design phase) Ultimate Capacity Req'd: I 40 MGD -Includes 8 MGD transfer from Oso Basin Y, Includes 15.7 MGD from South of Oso \ MP Updated: 1211212006 4 South of Oso Creek Greenwood WWTP South of Oso Creek Service Area Ultimate Average Daily Flow: t 23.7 MGD _ Includes 8 MGD Transfer from Oso Basin Carps Chfgi By LEGEND WASTEWATER TWtlsew t Area _..j mimeo aw- Emo-looatsw -SWM OF aro WOO .m o :smnr.n 9 5 Sout of Oso Creek,_ Fut r\li Lind ;Usp , ♦ • • 1 4R. GOWN .rscumn would x.src 1[300.14 - -1[ \ � 4 \\\ \ t. ■ L`;... i. .l + k 1 Cerr or CORPUS CNRIST: TC%RS ' WASTIWAT(R OEPARAIENT Ow** [t 4 sue. ADOPTED FUTURE LAND USE ADOPTED DATE - MAY 24, 2005 11 Master Plan will be Based on: • Adopted Future Land Use Map -- May 24, 2005 • 2000 Census Data • Interviews and comments from City Wastewater Staff, Engineering Services, and Development Services Staff. • Interviews and comments from the development community and other consulting engineers. 12 6 Master Plan South of Oso Creek ■ Based on and are consistent with City of Corpus Christi's adopted plans. • Flexible enough to accommodate the pace of the development community. • Meets developers demands. • Meets City's needs. 13 Approval Schedule for South of Oso Creek MP Date Status Public Outreach 8 -8-07 On Going Public Notice and Distribution to Development Community/ Consulting Engineers 8 -27 -07 Pending Development Services Receives Comments 9 -13 -07 Pending LNV Incorporates Comments and Revisions 9 -19 -07 Pending Development Services Distributes to Planning Commission 9 -20 -07 Pending Planning Commission Presentation Approval 10 -3-07 Pending City Council 1st Reading 10 -23 -07 Pending City Council 2nd Reading 10 -30 -07 Pending 14 7 City of 119 Corpus Christi CITY COUNCIL AGENDA JUNE 12, 2007 Ccus Christi 11:45 A.M. - Proclamation declaring ,une 23, 2007 "Corpus Christi Museum of Science and History 50`h Anniversary Day" Swearing -in ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 JUNE 12, 2007 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHINITED 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 Usted desea dirigirse al Concilio y cree que su ingles es limitedo, habra un interprete ingles- espanol en todas las juntas del Concilo para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 -826 -3105) at least 48 hours in advance so that appropriate arrangements can be made, A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Reverend Charles R. Graff, St. Luke's United Methodist 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 Fenry Garrett Mayor Pro Tern Nelda Martinez Counci Men;bers: Melody Cooper Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Michael 11cCutchon E. ANUS: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Approval of Regular Meeting of May 29, 2007. (Attachment # 1) Agenda Regular Council Meeting June 12, 2007 Page 2 F. E JARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) Arts and Cultural Commission Citizens Advisory Health Board Sister City Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motifs, 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: ormaymodifythe action specified. A. motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Nice to the Public The following items are of a routine or administrative nature. The Council has been furbished 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 wiout 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 afterthe items not requiringseparate discussion have been acted upon. The remaining items will be adopfrd by one vote. CONS T miroNs. RESOI ,UTIONS, ORDINANCES AND ORDINANCES FROMEVS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3. Resolution authorizing the City Manager or his designee to submit a grant application to the United States Department of Housing and Urban Development in the amount of $1,262,313 for Continuum of Care Homeless Assistance and execute all related docurnents. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 12, 2007 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion authorizing the City Manager or his designee to amend the FY 2005 Community Development Block Grant (CDBG) Program Funding Agreement with AVANCE, Inc. by revising the scope of work for rehabilitation to new construction. (Attachment #4) 5. Motion authorizing the City Manager or his designee to reinstate, amend the scope of work and to extend the FY 2004 Community Development Block Grant (CDBG) Program Funding Agreement with Mary McLeod Bethune Day Nursery, Inc. (Attachment # 5) 6. Resolution authorizing the City Manager or his designee to submit a grant application to the United States Department of Housing and Urban Development in the amount of approximately $86,300 eider the Fair Housing Initiatives Program for education and outreach activities and to execute all related documents. (Attachment # 6) 7.a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the $10,000 grant from the Texas Forest Service for the Urban Forester Partnership Program. (Attachment # 7' 7.b. Ordinance appropriating a $10,000 grant from the Texas Forest Service in the No. 1067 Parks and Recreation Grants Fund to •xtend funding for an Urban Forester program. (Attachment # 7) 8. Resolution to authorize the City Manager or his designee execute an Interlocal Agreement with the Corpus Christi Independent School District (CCISD) to provide transportation services for youth recreation programs. (Attachment # 8) First Reading Ordinance - Authorizing the City Manager or his designee to execute a twenty -year lease with the Tuloso- Midway kidependent School District to lease approximately .42 acres out of West Guth Park for District tennis court facilities. (Attachment # 9) 10. Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with HDR/Shiner Moseley, Inc., of Corpus Christi, Texas in the amount Agenda Regular Council Meeting June 12, 2007 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) of $62,700, for a total re- stated fee of $507,744 for the Corpus Christi Ship Channel Utility Project for additional inspection time. (Attachment # 10) 11. Ordinance appropriating $99,618.96 from the Sanitary Sewer Collection Line Trust Fund No. 540450 - 21801 -4220 to pay JJAR [development, LLP the remaining reimbursement amount for the irtstall Lion of 2,660 - linear feet of off-site 18 -inch PVC sanitary sewer collection line to develop the Legends of Diamante Unit 2. (Attachment # 11) I. PUBLIC HEARINGS: tlftimg CONTROL AID PREVENTION DISTRICT: 12. Public hearing on the FY 2007 -2008 Budget adopted by the Corpus Christi Crime Control and Prevention District Board of Directors. (Attachment # 12) 4DNIftG TEXT AMENDMENT PUBLIC HEARING: 13.a. Public hearing to consider a text amendment to Article 26 "Nonconforming Uses" of the Zoning Ordinance regarding Section 26 -9 Nonconforming Lots of Record to allow the tandem parking of vehicles to nonconforming lots of record. (Attachment # 13) 13.b. Ordinance amending Chapter 59 "Zoning," Article 26 'Nonconforming forming Uses," Section 26 -9 "Nonconforming Lots of Record" of the Code of Ordinances, City of Corpus Christi, to sAIow tandem parking on nonconforming Tots of record; providing a penalty clause; providing for publication. (Attachment # 13) ;BONING CASES: 14. base No. 0507 -01, Extreme Homes of Texas, L.L.C.: A change of zorng from a "R-1B" One - family Dwelling District to a "B -1" Neighborhood Business District on property described as 1.93 acres out of a 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County, Texas Deed Records, located on the South side of Up River Road approximately 350 feet from the intersection of McKinzie Road. (Attachment # 14) Agenda Regular Council Meeting June 12, 2007 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Fanning Commission and Staffs Recommendation: Approval of the "B -1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Extreme 1lomes of Texas, L.L.C., by changing the zoning map in reference to 1.93 acres out of a 35.75 acre tract recorded by deed in Volume 1450, page 535, Nueces County, Texas Deed Records, from "R -1 B" One - family Dwelling District to "B -1" Neighborhood &sinews District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for {publication. 15. qase I!+k. 0507 -02, Extreme Homes of Texas, L.L.C.: A change of zoning from a "R -1 B" One - family Dwelling District to an "AB" Professional Office District on property described as 1.91 acres out of a 35.75 acre tract recorded by deed in Volume 1450, Page W5, Nueces County, Texas Deed Records located on the south *de of Up River Road approximately 750 feet from the intersection of McKinzie Road. (Attachment # 15) IlannOg Commission and Staffs Recommendation: Approval of the "AB" Professional Office District. ORDINANCE Amending the Zoning Ordinance, upon application by Extreme Homes of Texas, L.L.C., by changing the zoning map in reference to 1.91 acres out of a 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County, Texas Deed Records, from "R-1B" One - family Dwelling District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. Agenda Regular Council Meeting June 12, 2007 Page 6 16. Case 1. 0507 -06, Renato A. DePaolis II and Gary Cadena: A change of zoning from a "R -1 B /I0" One - family Dwelling District wfth the Island Overlay to a "B -2/10" Bayfront Business District with the Island Overlay on property described as Padre Island Section E, Block 1, Lots 1 through 4, located on Aruba Drive, approximately 300 feet west of Leeward Drive. (Attachment # 16) Pnnirg Commission and Staff's Recommendation: Approval of the "B -2/10" Bayfront Business District with Island Overlay. ORDINANCE Amending the Zoning Ordinance, upon application by Renato A. DePaohs II and Gary Cadena, by changing the zoning map in reference to Padre Island Section E, Block 1, Lots 1 through 4, from "R-1B/10" One - family Dwelling District with the Island Overlay District to "8-2/10" Bayfront Business District with the Island Overlay District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. J. sp EC Kt. BUDGET PRESENTATION: 17. Overview of FY 2007 -2008 General Fund Proposed Budget (Attachment # 17) K. E NTATIONS: (TO BE CONSIDERED AT PROUMATELY 3:00 P.M.) Public comment will not be solicited on Presentation items. 18. Presentation on Crosstown Commons Project (Attachment # 18) 19. Overview of Public /Private Partnerships for Retail Development in the State of Texas (Attachment # 19) 20. Overview of City of Corpus Christi Tax Incentive Policy for Large F etail/Mixed Use Development and Redevelopment (Attachment # 20) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 12, 2007 Page 7 L. REGULAR AGENDA CONSID *RATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 21. Oonsideration and possible approval of a Resolution approving the City of Corpus Christi Tax Incentive Policy for Large Detail /Mixed Use Development and Redevelopment. (Attachment #21) BLIP, COMMENT FROM THE AUDIENCE ON MATTERS HEDULED ON THE AGENDA WILL BE HEARD AT CIMATELY 12:00 P.M. OR AT THE END OF THE L MEETING WHICHEVER IS EARLIER. PLEASE iT ESENTATIONS TO THREE MINUTES. IF YOU PLAN ALRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAAI3ER, 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 ar other information pertaining to your subject, please present it to the City Secretary.) PR Si usted se dirige a la junta y cree que su ingles es limitedo, habre un interprete iribgles- espanol en la reunion de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL I ERATE, EMBARRASS, ACCUSE, OR SHOW ANY 1 RS NAL 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. N. IXEGUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into •xecutive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of '►e 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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting June 12, 2007 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 22. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06- 60843 -4 Camelia Arredondo v. City of Corpus Christi, in the County Court at Law No. 4 of N feces County, with possible discussion and action related thereto in open session. O. (POTS: 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 c her brief discussions regarding city - related matters. 23. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 80th Texas Legislature. 24. CITY MANAGER'S REPORT Upcoming Items 25. MAYO'S UPDATE 26. (OUNlCIL AND OTHER REPORTS P. JO2NMENT: POSTING STATEMENT: This agenda was posted on the City's offi ial bnull tin board at the front entrance to City Hall, 1201 Leopard Street. at ,,'' V " e p.m., June 8, 2007. Armando Chapa City Secretary Agenda Regular Council Meeting June 12, 2007 Page 9 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 MINUTES 017 OF CORPUS CHRISTI, TEXAS Regular Counai Meeting May 29 2007 - 1000 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Nelda Martinez Council Members Melody Cooper Larry Elizcndo S Mike Hummel Bill Kelly Priscilla Leal Michael McCutcnon John Marez City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Rod Carver of Calvary Chapel Coastlands and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly. Mayor Garrett cared for approval of the minutes of the regular Council meetings of May 22, 2007 A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Garrett referred to item 2 and the following board appointments were made: Airpirt Board Jes$e Olivares (Reappointed) Donald M. Feferman (Reappointed) 3 C. Ayala (Reappointed Ed HICKS (Reappointed Advisory? BuilOing Standards Board Lisa Huerta (Reappointed) Robert A White (Appointed) Oil 4nd Gas Advisory Committee Tom Fisher (Appointed` Animal Control Advisory Committee Z. Paul Reynolds (Reappointed) Dr. John Buckley (Reappointed) Dr. William Watson (Reappointed) Cable Communications Commission Carolyn Moon (Appointed) Joan Veith (Appointed) Transportation Advisory Committee William Green (Reappointed) Andrew K. Dimas (Appointed) Keith Roper (Appointed) * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3 - 12). Mr. Johnny French asked that Item 4 be pulled for individual consideration. Council members requested that Items 3. 7. 9 and 11 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows Minutes - Regular Counc I Meetin May 29 2007 - Page 2 6 RESOLUTION NO 027290 Resolution approv ng an amendment to the City Investment Policy to add Federal Agriculture Mortgage Corporation Obligations as authorized investments for City funds. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo Hummel , Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 8 MOTION NO 200-7-138 Motion authorizing the City Manager or his designee to execute Change Order No. 1 for additional curb and gutter, driveway approaches and pavement repair quantities with A. Ortiz Construction, of Corpus Christi, Texas in the amount of $77.000 for a restated not to exceed construction contract total ^f $393.850 for the Rolled Curb and Gutter Replacement FY 2006 -2007 The foregoing motion was :gassed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel) Kelly, Leal. McCutchon. Marez, and Martinez, voting "Aye ". 10 a ORDINANCE NO 027291 Ordinance appropriating $65,000 from the reserve for maintenance in the No. 4050 Choke Canyon Dam Maintenance Reserve Fund for Engineering Construction Services associated with maintenance repairs, transferring to and appropriating in the No. 4080 Water Capital Improvement Program Fund, amending Ordinance No. 026908 which adopted the FY2006- 2007 Operating Budget, increasing the approved budget by $65,000; amending Ordinance No 026997 which approved the FY 2006 -2007 Capital Budget, increasing the approved budget by $65,000 An emergency was declared. and the foregoing ordinance was passed and approved with the following vote Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Ave" 10 b MOTION NO 2007-141 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Engineering Services with Freese & Nichols, Inc., of Austin, Texas in the amount of $65,000 for a restated fee of $537.032 for the Choke Canyon Dam Improvement Project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo. Hummel! Kelly Leal, McCutchon. Marez, and Martinez, voting "Aye ". ORDINANCE NO 027292 Ordinance authorizing the approval of a Land Exchange Agreement between the City of Corpus Christi and Neighborhood Centers of Corpus Christi, Inc. for the exchange of .1712 acres owned by the City out of Lot 2 -A, Lawnview Annex and Lots 8, 9, 12 and 13, Block 4, Luter Partition, located at the intersection of Eighteenth and Marguerite Streets, in exchange for 1712 acres owned by the Neighborhood Center out of Lot 3, LawnviewAnnex, located at Minutes - Regular Council Meeting May 29 2007 -- 'age 2020 Marguerite Street approving closing costs not to exceed $2,500, and authorizing the City Manager or nis designee to execute the Exchange Agreement and an Exchange Deed necessary for the exchange, all in connection with Parcel 11 of the Garcia Arts Center Area Street Improvement Project ( #6133/6134). An emergency was declared, and the foregoing ordinance was passed and approved with me following vote Garrett Cooper Elizondo. Hummell, Kelly, Leal, McCutchon, Marez, and Martinez voting aye Mayor Garrett opened discussion on Item 4 regarding the issuance of a beach permit to Clear Channel Broadcasting for"C-Sculptures Johnny French, 4417 Carlton, spoke regarding the City's lack of a permit from the Corps of Engineers for maintenance on the beaches. City Secretary Chapa polled the Counci. for the votes as follows 4 ORDINANCE NO 027288 Ordinance authorizing the issuance of a Beach Festival Permit to Clear Channel Broadcasting, Inc for "C- Sculptures" at Gulf Beach between Zahn Road and the North Jetty of Packery Channel on June 9 2007 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett Cooper. Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting ".Aye" Mayor Garrett opened discussion on Item 3 regarding the purchase of playground equipment for five local parks Council Member Leal asked questions regarding the locations of the parks and the price differences in piaygroun i equipment Staff responded City Secretary Chapa polled the Council for their votes as follows 3 MOTION NO. 2007 -136 Motion approving the purchase of playground equipment from Total Recreation Products, Inc., of Cypress: Texas in accordance with the Texas Local Government Cooperative Purchasing Agreement in the amount of $46,185.44. The park equipment is purchased for Mt. Vernon., Parkview, Mobile, Castle and Candlewood Parks. Funding is available in the Park and Recreation 200E Capital Improvement Program Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo Hummell, Kelly Leal. McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 5 regarding the dedication of a public park called Maryanne's Way. Council Member Cooper expressed her appreciation for the dedication of the park to Maryanne Simonelli Perry City Secretary Chapa polled the Council for their votes as follows 5 RESOLUTION NO. 027289 Resolution dedicating certain property owned by the City and located at Whitecap Boulevard as Maryanne's Way, a public park, a strip of land more specifically described and shown in the attached metes and bounds description and survey (Exhibit A). The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal. Marez, and Martinez, voting "Aye ". Minutes - Regular Couno. Meeting May 29 2007 - Page 4 Mayor Garrett opened discussion on Item 7 regarding the Downtown Drainage Improvements Phase 1 Council Members asked questions regarding bidding costs, actual work, a background on Change Order No 3 and a comparison of the use of new or refurbished diesel engines Director of Engineering £tinge' Escobar responded to these questions. City Secretary Chaps polled the Counci for their Jotes as follows. MOTION NO 2007-137 Motion authorizing the City Manager or his designee to execute a Construction Management Services Contract with Anderson Group Construction Management Company, of Corpus Christi, Texas in the amount of $199,350 for the Master Channel 27 Drainage Project. the foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo Hummel... Kelly, teal, McCutchon. Marez. and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 9 regarding the Oso Water Reclamation Plant. Council Member Leal asked questions regarding the wording of contracts. City Secretary Chapa polled the Council for their votes as follows 9 a MOTION NO 200 ' -139 Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Contract for Professional Services with Colwell & Associates, Inc., of Corpus Christi, Texas in the amount of $67,135 tor a restated fee of $561,518 for the Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade Part 1 for additional construction nspection The foregoing motion was sassed and approved with the following vote: Garrett, Cooper, Elizondo Hummel Kelly Leal, McCutchcn, Marez, and Martinez, voting "Aye ". 9 b MOTION NO 200' -140 Motion authorizing the City Manager or his designee to execute Change Order No. 4 to the construction contract with R S. Black Civil Contractors, Inc., of Corpus Christi, Texas in the amount of $132,643 for the Oso Water Reclamation Plant Electrical /Alternate Power Facility 1Jpgrade Part 1 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo Hummel!. Kelly. Leal. McCutchon. Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 11 regarding Master Channel 27 Drainage Project. There were no council comments City Secretary Chapa polled the Council for their votes as follows 11 MOTION NO 2007 -142 Motion authorizing the City Manager or his designee to execute a Construction Management Services Contract with Anderson Group Construction Management Company, of Corpus Christi, Texas in the amount of $199,350 for the Master Channel 27 Drainage Project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel :. Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Minutes -- Regular Council Meetrg May 29 2007 -- Page 5 t * *. * < * *x * ** Mayor Garrett referred to Lem 13, and a motion was made, seconded and passed to open the public hearing on the foilowino variance: 3 a. Public hearing or- reques- for a variance to operate an on- premise alcoholic beverage establishment kncwn as Saxet Hail located at 3926 Leopard Street. Faryce Goode - Macon, interim Director of Development Services, explained that Saxet Hall Inc is requesting a variance to allow on- premise alcoholic use during special events at the facility primarily on Friday and Saturday evenings. She added that the establishment is located across Leopard Street from Oak Park Elementary School. Ms. Goode -Macon referred to a powerpoint presentation ,nciuding maps and pictorial views of the subject property. She provided an explanation of the City s Code of Ordinances, state law requirements, background on the facility since its operation and the current zon ng uses Council members asked questions regarding the possible sale of alcoholic beverages during school hours reasons that zoning notices were returned in opposition; contact with the parent/teacher organization, schools and the school district; whether the variance would allow for an unrestncted TABC permit and if E variance can be revoked. No one appeared in opposition to the variance. Ms. Martinez made a motion to close the public hearing; seconded by Mr Kelly, and passed. Mr. Chapa polled the Council for their votes as follows 3.0. RESOLUTION NO. 027293 Resolution granting a variance, under Section 4 -5(f) of the Code of Ordinances, to Saxet Hall, Inc to operate an on-premise alcoholic beverage establishment located at 3926 Leopard Street The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Eiizondo Hummell, Kelly Leal, McCutchon. Marez. and Martinez, voting "Aye ". Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the followinc zoning case Case No. 0407 -08, Buccaneer Land Company, Inc.: A change of zoning from a "R -1 B /IO" One- family Dwelling District with the Island Overlay to a "B -2/10" Bayfront Business District with the Island Overlay on property described as Padre Island Section E, Block 1, Lots 6, 7, and 8, located on Aruba Drive, approximately 400 feet south of Running Light Drive. Ca Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B -2/10" Bayfront Business District with the Island Overlay. Council Member McCutchon asked questions regarding the zoning notices returned in opposition; traffic control due to high density uses; notification to property owners associations; the reason the owner requested a zoning change to 'B -2" Bayfront Business District; and the provisions of a "B -2A" Barrier Island Business District Council Member Kelly asked staff to provide copies of opposition letters and a synopsis of the zoning definitions Minutes - Regular Counci Meet n May 29 2007 - Page 6 No one appeared I n opposition to the zoning change. Ms. Cooper made a motion to close the public hearing. seconded by Mr Kelly, and passed Mr. Chapa polled the Council for their votes as follows 14 ORDINANCE NO 027294 Amending the Zoning Ordinance upon application by Buccaneer Land Company, Inc., by changing the zoning map Jr reference to 0 899 acres out of Padre Island Section E, Block 1, Lots 6, 7 and 8, located on Aruba Drive, 400 feet south of Running Light Drive, from "R- B /IO" One - family Dwelling District/lsiand Overlay to "B -2 /IO" Bayfront Business District/Island Overlay, amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett. Cooper Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez voting 'Aye" Mayor Garrett referred to Item 15 and a motion was made, seconded and passed to open the oubic hearing on the following zoning case. Case No. 0407 -09, BL Real Estate Holding Company, LP: A change of zoning from a "R -1 C" One- family Dwelling District and a "R-1C/SP" One - family Dwelling District with a Special Permit for an Event Center TO a 'B -1" Neighborhood Business District on property described as Tyler Subdivision, Block 1, Lots 2, 12, 13. and 14, located between Claudia Drive and Wyndale Street. approximately 200 feet north of Laguna Shores Road. City Secretary Chapa stated that the Plann ng Commission and staff recommended approval of the "B -1" Neighborhood Business District. No one appeared in opposton to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr Kelly and passed. Mr. Chapa polled the Council for their votes as follows 15 ORDINANCE NO 027295 Amending the Zoning Ordinance, upon application by BL Real Estate Holding Company, LP, by changing the zoning map in reference to 32,470- square feet (0.75 acres) out of Tyler Subdivision, Block 1, Lots 2 12 13, and 14, located between Claudia Drive and Wyndale Street, approximately 200 feet north of Laguna Shores Road, from "R -1C" One - family Dwelling District and "R-1C/SP" One - family Dwelling District with a Special Permit for an Event Center to "B -1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett, Cooper Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye" * * * Minutes - Regula~ Council Meeting May 2 2007 - P roe y Mayor Garrett opened a scuss!on on Item 16 regarding the Waldron Road Street Improvements Director of Eng neerng Angel Escobar presented this item. There were no comments from the audience Cit'v Secretary Chapa polled the Council for their votes as follows: 16 MOTION NO 2007 -143 Motion authorizing the City Manager or his designee to execute a construction contract in the total amount of $2.644 131 25 with SLC Construction L.P., of Conroe, Texas for Part A and Part B plus Part C cn the Waldron Road Street Improvements Project: Purdue to Gienoak and Mediterranean Extension (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, E!izondo Hummel', Kelly. L.eai. McCutchon. Marez, and Martinez, voting "Aye ". * * * Mayor Garrett referred to Item 17. a presentation on the Overview of Proposed FY2007 -2008 Operating Budget City Manager Noe provided an overview of the budget's fund structure, the ind vidual funds and their primary sources of revenue and expenditures. Assistant City Manager Oscar Martinez, referred to a powerpoint presentation including the budget preparation process, the budget format. trends for revenues and expenditures by fund; and a summary of Lind balances Mayor Garrett called for a u.rief recess to present proclamations and public comment. * * * * * * * * * ** Mayor Garrett called for petitions from the audience. Kelley Knight, 7613 Stony Brook; Cecil Johnson 615 N Mesquite; Jessica Davila- Burnett, 3226 Keltic; Katy Rogers, 4118 Nicklaus; Heidi Hovda, 1022 Harrison; and Joan Veith, 5701 Cain Drive; spoke in support of Police Chief Bryan Smith Johnny French 4417 Carlton. regarding the passage of Senate Bill 3 and its significance to the City's water supply Jean Perkins; 7521 Bon Sair Dr., spoke regarding removing sodium fluoride from the water Jack Gordy, 4118 Bray Drive, spoke regarding dues check -off for City employees and illegal signs. L. uis R Cardona, 2805 David, provided a petition from members of the Broadmoor Park Senior Center to expand the parking lot at Ben Garza Gym. Mayor Garrett returned to the presentation on Item 17. Assistant City Manager Martinez referred :o the powerpoint presentation including the history of net taxable values; a historical representation of the tax rate: the tax rate split; change in sales tax collections from 1993 to 2007; the general fund unreserved balance; FY2007 -2008 Initiatives; salary adjustments for civilian and public safety employees and recommendations for health insurance increases. City Manager Noe provided a review of the proposed budget calendar. Council Members asked questions regarding the Council Financial Policy Resolution; the average increase in total revenue; the impact of the legislative session on revenues; the decrease in general obligation tax; decrease in sales tax collections in 1995 and 2003; general fund unreserved balance projections for 2007: utilization of unreserved fund balance; cost of living adjustments; and expenditures for Wastewater in the Enterprise Fund Minutes — Regular Council Meeting May 29 2007 — Page 8 Mayor Garrett called for the City Manager's report. City Manager Noe reported that the City is hosting the 60th Annual Texas Public Works Association Conference on May 30th through June 3rd at the American Bank Center Mr Noe announced that the Parks and Recreation Department Senior Community Services in conjunction with community partners is hosting the Coastal Bend Senior Fitness Day on Wednesday May 30th from 8:30 a.m. to 1:00 p.m. at Miller High School Gym. Mr. Noe announced that the Coun ;il Panning Retreat is scheduled for June 5th at the Museum of Science and History fac l rated ny Dr Richard Lewis from the University of Texas at San Antonio. Mayor Garrett announced tnnat the City Managerwill introduce all of the department heads at the City Council re-reat Mayor Garrett stated that the City Council makes Municipal Court Judges appointments and that appointees have terms that run concurrent with City Council terms. He informed the new council members that the City currently has a presiding judge, 5 full time judges, and 4 part time judges and that if the Council does not make appointments within 91 days from the date they took office (August 21 2007) al' of the judges will continue in their positions for the full two year term. He asked Municipal Court Committee Chairman John Marez to convene his committee to consider this matter and come back with a recommendation to the full council. Mayor Garrett announced that he has appointed Mike Hummell and Bill Kelly to serve as ex- officio, non- voting members on the Water Resources Advisory Committee. Mayor Garrett asked staff to inspect the construction work on the west side lane of Whitecap Boulevard He asked if funds were available for paving on Shoreline Boulevard and asked staff to provide cost estimates Mayor Garrett called for Council concerns and reports. Council Member Marez thanked City staff for attending the meeting at Broadmoor Senior Center and for their efforts in assisting the center with some short term solutions. He announced that the next town hall meeting is scheduled for June 4th at 6:00 p m. at the Broadmoor Senior Center. Mr. Marez said there were graffiti issues on North Beach and asked for a status on the graffiti truck. He asked staff to brief the new council members on the ongoing ssues o the City. Council Member Cooper spoke regarding the need for expansion at the Broadmoor Senior Center She also announced the town hall meeting scheduled on Monday, June 4th at the Broadmoor Senior Center. Ms. Cooper spoke regarding an article in "Texas Town and City" portraying the Wi -Fi network in Cc pus Christi Council Member Hummel) asked if Council would be provided with a directory with pictures of the department heads Mr. Hummel) asked for assistance from staff to coordinate a public input process for the Coliseum oroject Council Member Martinez stated that an article in "Texas Monthly" mentioned the Corpus Christi beaches. Ms. Martinez said she attended a town hall meeting on the island where citizens expressed concern about problems on Aquarius Street. She asked Director of Engineering Angel Escobar to explain if public funds could be used to make improvements to Aquarius Street. Mr. Noe announced that the next Padre Island Owners Association town hall meeting was scheduled for October I 3th. Council Member Leal spoke regarding renovations at the Broadmoor Senior Center. Ms. Leal asked the Police Department to investigate the increase in burglaries on Cheryl Drive and Dodd Street in the Mansheim /SunnybrooK subdivision. Ms. Leal asked for an update on the future funding Minutes - Reguia Council Meeting May 29 2007 - Page 9 to cornnlete the Mansheirn /Sunrnynrook drainage project. She thanked City Manager Noe on behalf of trie residents on Black ack Street fo resolving their garbage issue. Councn Member Elizondo asked f the City maintained a calendar of events. There being no further bus ness to come before the Council, Mayor Garrett adjourned the Cour,cr meeting at 1 17 m on May 29, 2007 * * * * .t k * * * * * * 2 TS AND CULTURAL COMMISSION - Five (5) vacancies with terms to 9- 01 -07, 9- 01 -08, and 9 -01 -09 representing the following categories: 1 — Public Art/Public Space, — Business Development. 1 Economic Development/Tourism, 1 — Drama, and 1 — Music. (Since two of the terms expire 9- 01 -07, it is recommended to reappoint to a new three-year term ending 9- 01 -10). (Appointed by the Mayor subject to confirmation by the Council). DUTIES: To recommend the use. location, lease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of building, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities and uses. COMPOSITION: 17 members appointed by the Mayor subject to confirmation by the Council for three -year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (2) marketing representatives; (2) Economic Development/Tourism representatives; (2) Public Space /Public Art representatives; (2) Youth/Education representatives; and one representative from Music, Visual Art, Dance, Drama, Architecture, Texas A &M t niversity, Del Mar College, (`ivic Leader, and a Business development group such as the Alliance, Hispanic Chamber of Commerce, etc. The mayor may solicit suggested nominations for such appointments from the respective cultural organizations for the non - lay members. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. ORIGINAL MIMB)S TERM APPTD. DATE ** *Armando Camina (Public Art / Public Space), Chair 9 -01 -08 10 -08 -02 Molly Merkle (Visual Art) 9 -01 -07 5 -09 -06 Dr. Jack Gron (Texas A &M -CC) 9 -01 -09 10 -10 -06 Frank Trimble (Architecture) 9 -01 -08 10 -11 -05 Elio Gutierrez (Civic Leader) 9 -01 -07 2 -22 -00 Ed Grove (Marketing) 9 -01 -09 8 -24 -04 ** *David Villarreal (Business Development) 9 -01 -09 10 -10 -06 Gloria T. Bilaye - Benibo (Dance) 9 -01 -07 12 -14 -04 Judith Prewitt, Ph.D. ( Education/Youth) 9 -01 -07 8 -24 -04 ** *Lisa Y. Godwin (Economic De‘ ./ Tourism) 9 -01 -08 5 -09 -06 DeAnn Gould- Lancaster (Public Art Public Space) 9 -01 -09 11 -11 -03 Anne Stewart (Del Mar College) 9 -01 -08 11 -13 -01 Lynda A.J. Jones (Education/Youth) 9 -01 -09 6 -17 -03 * * *J. Don Luna (Drama) 9 -01 -07 6 -17 -03 Guadalupe Garcia (Economic Dev. /Tourism) 9 -01 -09 5 -10 -05 * * *Dr. James A. Rennier (Music) 9 -01 -07 12 -14 -04 Joye LaBarrett (Marketing) 9 -01 -09 5 -09 -06 ** *Resigned (Note: The Arts and Cultural Commission is recommending the new appointments of Michael Kim Frederick (Drama), Richard Sanchez or Luis A. Zepeda (Music), Joe Hilliard (Economic Development), John Charles Watson, Jr. (Public Art/Public Space), and Heidi Hovda (Business Development). OT$ER INDIVIDUALS EXPRESSING INTEREST Christopher Aebu Linda Eshom Michael Kim Frederick Kimberlv Harris Joe K. Hilliard Ov<ner, Restaurant Lavender. Attended the California Culinary Academy. (Economic Development/Tourism) (4-28-05) Fine Arts Consultant. Received Master of Art and Master of Science in Education. Activities include: Art Musem and Art Center. Received Distinguished Fellow -Texas Art Education Association. (Public Art/Public Space) (4 -12- 07) Professor of Drama, Del Mar College. Received BA in Communications and Master of Arts in Interdisciplinary Studes from Corpus Christi State University. Activities include: Member of the Texas Educational Theatre Association and Texas Educational Theatre Association Adjudicators Organization. (Drama) (5 -8 -07) Executive Director, Innovative Futures dba Purple Elephant Consignment. Received Education in Hospitality Management and Culinary Arts from Del Mar College. Activities include: Soroptimist International, Amercian Cancer Society, March of Dimes and Board of Directors, American Habilitation Services. Received Public Relations Honor for Soroptimist International. (Economic Development/Tourism) (5 -8 -07) VP Sales & marketing, Fencing Inc. of Texas. BA Undergraduate and MBA from Baylor University, Waco, Texas. Founder of Corpus Christi Film Society. Activities include: Leadership Corpus Christi — Class XXXIII Graduate, Corpus Christi Chamber of Commerce Ambassador, and Host of KEYS Weekend Magazine. (Economic Development/Tourism) (4- 11 -07) Heidi Hovda Jennifer L. McClaren Sylvia Samaniego Richard A. Sanchez John Charles Watson, Jr Luis A, Zepeda Slecial Projects Coordinator, Corpus Christi Downtown Management District. Received BA in English from Texas .A &M University — Corpus Christi. Co- Founder of The Art Summit, Board of Directors - Harbor Playhouse 2005 - 2!?07_ and Coordinate, Plan and Develop ArtWalk with C 7tpus Christi Downtown Management District. (Business Development) (3 -27 -07 Education Coordinator, Art Center of Corpus Christi. Received B.A. in Psychology and Art Education. Activities include: Earth Day /Bay Day, mosaic artist, educator and teacher. (Public Art/Public Space) (3- 03 -06) Owner_ MEDBILL. Attending Del Mar College. Activities include: Graffiti Wipe Out Coordinator for the Volunteer Center of Coastal Bend, President of C.C. Barrios Association, Chair of Arts and Cultural Committee for Progressive Populist Caucus, South Texas Alliance for Peace and Justice, and organizes art activities. (Economic development/Tourism) (2- 02 -06) Realtor, Tropical Realty. Attended Del Mar College. Activities include: President of the Texas Jazz Festival, Appraisal Review Board and Founder of the Veterans Band of Corpus Christi. (Music) (3- 15 -06) Owner, Peoples St. Photo Project. Received Bachelor of Fine Arts Degree from University of Montevallo, Montevallo, Alabama and Master of Fine Arts from Texas A &M University -- Corpus Christi. Activities include: Adjunct Instructor at Victoria College and Texas A &M University, Corpus Christi. Member of Texas A &M University- Corpus Christi Momentum 2015 Steering Committee. Received President's Council Scholarship Award, 2003. (Public Art/Public Space) (1- 15 -07) Band Director, Taft Independent School District. Received Bachelor of Music from Texas A &I University. Activities include: Region Junior High Coordinator for Association of Small School Bands. (Music) (1 -3 -05) CITIZENS ADVISORY HEALTH BOARD — One (1) vacancy with term to 11- 11 -08. DUTIES: To study and assist in health and human service operations, services and programs, and to make recommendations to the City and County through the Director of Health and Human Services. CVIPOSITION: Eleven (11) members, five (5) members appointed by the City Council for three -year terms, five ( 5 ) by the Commissioners Court; and one member appointed jointly by the City and the County. The board elects its own president and vice president. ORIGINAL UMBERS TERMS APPTD. DATES Amanda Stukenberg (City), Vice Chair 11 -11 -09 5 -08 -01 Mary Jane Garza (City) 11 -11 -08 3 -20 -07 Rose Caballero (County) Non - Expiring 4 -99 Surzette Chopin (City) 11 -11 -08 2 -21 -06 Leo Barrera, Jr. (County K Non- Expiring 4 -24 -84 VACANT (County) Non - Expiring Rebecca Esparza (City) 11 -11 -07 3 -20 -07 ** *Patricia Lynn Crangle (( ty) 11 -11 -08 2 -21 -06 Dr. Tony Diaz (County) Non- Expiring 11 -11 -78 VACANT (County) Non - Expiring Araselia Barrera (Joint) 11 -11 -08 2 -21 -06 ***Resigned INIXVID,.IALS EXPRESSING INTEREST Almtira Flores Ruben S. Garza Radiology Technologist, Christus Spohn Health Systems. Graduate of Spohn Hospital School of Radiologic Technology. Activities include: Coastal Bend Society of Radiologic Technologists, So. Texas Institute of the Arts, and the Hispanic Women's Network. Received the Las Estrellas Award. (1- 10 -06) Director of Respiratory Therapy and Sleep Center, Corpus Christi Medical Center. Received Master of Public Administration with Healthcare Administration Concentration and currently working on Master of Business Administration. Activities include: Member of American College of Healthcare Executives, American Association for Respiratory Care, Texas Society for Respiratory Care and Del Mar College Respiratory Therapy Advisory Committee. (5- 30 -07) Laura L. Herber Patricia Mattocks Michael San Miguel Jason Dean Sewell Russell Stowers Owner and President, Hebert Insurance Group, Inc. Past President of CBAHU and Past President of Delta Gamma, RCI A teacher,and member of Eastern Star 354. (6-7-07) Director of Program Services, March of Dimes. Activities include: League of Women Voters — Past Vice - President and Nominating Committee, Zonta, and St. Paul United Church of Christ Women's Ministry. (9- 22 -06) Instructor/Program Coordinator, Career Centers of Texas. Received BS from University of Texas, San Antonio. Activities include: Member of the Hispanic Chamber of Commerce and Volunteer in assisting students obtain their GED. Received Award for Employee of the Quarter and Instructor of the Month. (5- 25 -07) Registered Nurse, Corpus Christi Medical Center. Graduate of Del Mar College with an A.A. in Nursing. Certified in Advanced Cardiac Life Support and Oncology Nursing Society. Interested in being active in the community is a position of his expertise. (2- 16 -06) Director Physical Therapist Assistant Program, Del Mar College. Received A.A.S. in Physical Therapy, B.S. in Community Health, M.S. in Education Technology and Ed D. Graduate 2006. Activities include: American Physical Therapy Association, Texas State Guard/Texas Medical Rangers. Received Leadership and Teaching Excellence Award and 2005 Outstanding Academic Advisor. (1- 22 -06) Tori Alexandria Thomas Junior, Miller High School. Activities include: Honor Society. (2- 21 -07) SLYER CITY COMMITTEE - Three (3) vacancies with terms to 9 -07, 9 -08, and 9- 09. (Since one of the term expires 9 -07, it is recommended to reappoint to a new three - year term ending 9 -10.) DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty -one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three -year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the couunittee shall consist of a General Chairman, V- Chairman for each of the Sister City subcommittees established in accordance with Sec. 2 -152. The Chairman and each vice- chairman shall be elected by majority vote of the sister city committee annually. If the General Chairman is absent, a vice - chairman shall be elected from the committee to serve as General Chairman during his/her absence. M&MBERS John Rocha, Chair Dr. Ridge Hammons Randy Farrar Coeta Montgomery Sukhbir Singh ** *Van P. Villa Rose Gunji Ellen Murry * ** *Cecilia Hanna Heather Stanton Moretzsohr: (juillermo '`Willie" Perez Westi Horn Ann Jaime Almira Flores Dr. Peter Kuntu - Mensah Gilberto G Porter John J. Nelson, Jr Drue Combs Flicka Rahn ** *Sharlene L. Sexton Sharon L. Phillips ***Resigned * ** *Exceeded the number of absences allowed by ordinance ORIGINAL TERM APPTD. DATE 9 -09 9 -23 -03 9 -09 2 -15 -05 9 -07 6 -11 -02 9 -07 1 -16 -07 9-08 9 -12 -06 9 -07 9 -12 -06 9 -08 11 -08 -05 9 -08 4 -16 -02 9 -08 5 -10 -05 9 -07 9 -14 -04 9 -07 1 -16 -07 9 -07 6 -15 -04 9 -08 6 -13 -00 9 -07 9 -12 -06 9 -07 11 -08 -05 9 -07 4 -18 -06 9 -08 9 -12 -06 9 -09 9 -12 -06 9 -09 6 -15 -04 9 -09 1 -16 -07 9 -09 9 -09 -02 (Pete: The Sister City Committee is recommending the new appointments of George B. Kopf. Farley L. Frazier, and Jonathan E. Lancaster). O HERINDIVIDUALS EXPRESSING INTEREST Farlev L Frazier Sales, Pfizer, Inc. Received BBA of Finance from Corpus Christi State University. (6 -1 -07) Luella R. Gipson - Torres Dora L. Hidalgo George B. Kopf Associate Teacher II, Driscoll's Children Learning Center. Received Associate of Applied Science and Diploma/Certificate for Early Childhood Development. Activities include: Salvation Army, American Red Cross, Phi Theta Kappa Honor Fratemity/Rho Lambda Soroity. (2 -9 -07) Clinical Record Administrator, MHMR of Nueces County. Registered Health Information Technician. Activities include. Coastal Bend Health Information Management Association, Former President of the South Texas Amigos de Mexico, President of Fuerza Comunitaria, and Advisory Board Member to the Institute of Mexicans Abroad (IME). Received the Hispanic Women's Network Las Estrellas Award. (9- 28 -04) Usher, Corpus Christi Hooks. Retired Foreign Service Officer. Consultant for U.S. State Department. Received Bachelor of Journalism from University of Missouri and Master of Arts from University of Toledo. Activities include Member of American Foreign Service Association, World Affairs Counsul of Corpus Christi, and Unitarian Universalist Church Choir. Founder of South Coast Jazz Band. Received Meritorious Honor Awards from L.S. Department of State. (4 -4 -07) Jonathan E. Lancaster Sales Representative, Axcan Pharma. Received B.S. Liberal Arts from University of the State of New York, Regents College. United States Air Force, Honorable Discharge. Activities include: Member of Coastal Bend Pharmaceutical Representative Association and Dawson Elementary PTA. Volunteer for Harbor Lights Festival and Celebrate the Animals — Heritage Park. (3- 13 -07) Drew Matlock Reining Self- employed, Mediator. Received B.A. from University of Texas at Austin and J.D. from University of Texas Law School. Activities include: Mediator Association of South Texas, State Bar of Texas, Texas Association on Mediators, anti Nannaste Foundation. (5- 22 -06) Michael San Miguel Instructor/Program Coordinator, Career Centers of Texas. Received BS from University of Texas, San Antonio. Activities include: Member of the Hispanic Chamber of Commerce and Volunteer in assisting students obtain their GE D. Received Award for Employee of the Quarter and Instructor of the Month. (5- 25 -07) Alfonso Trujano Jr Senior Designer /Project Manager, Maverick Engineering, Inc Received B.S. in Civil Engineering and Graduate courses on Civil Engineering. Secretary of the American Society of Civil Engineers and TSPE member. Received the Excellence on Leadership Award and nominated for 2004 Torch Award for Marketplace Ethics. (4- 19 -05) Danny Williams Marketing/Driver. Papa Johns. Attended McPherson College, Volunteer Pop Warner Coach. (4- 17 -07) 3 CITY COUNCIL AGENDA MEMORANDUM Date: June 12, 2007 AGENDA ITEM: Resolution authorizing the City Manager or designee to submit a grant application to the U.S. Department of Housing and Urban Development in the amount of $1,262,313 for Continuum of Care Homeless Assistance and execute all related documents. PRIOR: (1) On May 16, 2006. the City Council approved a resolution to serve as the lead agency and fiscal agent for the 2006 Continuum of Care aka "HOME 2008" grant application to HUD. (2) On March 27, 2007, the City Council appropriated a grant of $1,074,009 for the 2006 Continuum of Care aka "HOME 2008" and authorized the execution of the Subrecipient agreements for funds provided from the grant application. REQUIRED COUNCIL ACTION: Authorize the submittal of 2007 Continuum of Care aka "HOME 2009" grant application in the amount of $1,262,313 to HUD for supportive housing program activities for the homeless RECOMMENDATION: Staff recommends the authorizing to submit the 2007 Continuum of Care aka "HOME 2009" grant application in the amount of $1,262,313 for Continuum of Cars Homeless Assistance and execute all related documents. AD IONS, SUPPORT MATERIAL Ba round Information X City esolution X Da iel G- ego m', CD Administrator BACKGROUND INFORMATION The Homeless Issues Partnership, Inc. (HIP) had served as the lead agency for the Corpus Christi / Nueces County Continuum of Care for the provision of services to the homeless. The mission of the HIP is to serve as a regional coalition of agencies, individuals and businesses that address and resolve issues related to homelessness in the Coastal Bend through actions, resources and education From 1998 to 2005, HIP had successfully prepared an annual collaborative competitive grant application to the U.S. Department of Housing and Urban Development. The most recent grants have resulted in annual funding exceeding $1 million for programs serving the homeless and chronically homeless in the Corpus Christi /Nueces County geographic area. However, the helm of the Continuum of Care now presides with the City of Corpus Christi. Being the Lead Agency means thdt the City of Corpus Christi will be responsible for the planning and coordinating of the Continuum of Care process This includes coordinating meetings, adhering to certain timetables set forth by the application process writing Exhibit 1 (narrative), ensuring that each submitted proposal meets the eligibility threshold and packaging /submitting the Continuum of Care grant application by its due date Being the Fiscal Agent in the Continuum of Care grant application process means that the City of Corpus Christi will be the administrator of the grant, responsible for monitoring each Subrecipient to ensure program compliance and all other responsibilities associated with grant administratior The following is the breakdown for the 2007 Continuum of Care aka "HOME 2009" grant application. The total below represents the HUD allocation not inclusive of the match requirements provided by each recipient. Entity/Program 1 MHMt of Nueces County /Jail Diversi MHM i of Nueces County /Project HO 2 Wesley Community Center Child Cary 3 The Salvation Army /Project Bridge foi 6 The Salivation Army /Project Bridge for Goodwill Industries of South Texas/WI Charlie's Place Sunrise Recovery Hoi. CC Metro Ministries Rustic House/Tra Projects total Budget on $219,174 ME $119,706 s /Supportive Services $134,971 Families Transitional Housing • Singles Transitional Housing $181,145 $128,394 JRK 2000 Supportive Services $176,099 Ise /Supportive Services $142,569 nsitional Housing $160,255 $1,262,313 It is estimated that the economic impact of the $1.2M far exceeds $5M which surpasses the value of the grant itself. Each agency project must provide both a local match and additional levers in funds in order to be considered for the award. The $5M is based on the earning g e who have completed the programs in the past, and are now working, living and shopping potential Corpus Christi. Subsequently, many other agencies operating in the Continuum of Care offer additional leveraging of funds and other program related services in the fight against (chronic) homelessness. HIP will continue to support the City of Corpus Christi Lead Agency /Fiscal Agent role in an advisory capacity. The long- standing relationship and processes established and maintained by HIP and Community Development will remain in place with little and /or no interruptions, thus allowing for a continuation of homeless services The City of Corpus Christi will receive 2 1/2 of 5% of the grant allocation for the Continuum of Care grant ac#ninistration This equates to approximately $31,557. A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOUSING ANA URBAN DEVELOPMENT IN THE AMOUNT OF $1,262,313 FOR CONTINUUM OF CARE HOMELESS ASSISTANCE AND EXECUTE ALL RELATED DOCUMENTS. BE FT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to submit a grant appli- cation to the U.S. Department of Housing and Urban Development in the amount of $1,262,313 for Continuum of Care Homeless Assistance and execute all related documents. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 5, 2007 Eliz T th ". Hundley Ass ant City Attorney for the City Attorney EHrest64 doc Henry Garrett Mayor Corpus Christi, Texas day of , 2007 The move resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo. Sr Mike Hummel) Bill Klly Prisci1ta G. Leal John E. Marez Nelda Martinez Michael McCutchon • 4 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Date: 06/12/07 Motion authorizing the City Manager or designee to amend the FY2005 Community Development Block Grant Program funding agreement with AVANCE, Inc., by revising the scope of work from rehabilitation to new construction. ISSN: Subrecipient agreements with nonprofit organizations who were awarded FY2005 Coninunity Development Block Grant (CDBG) funds which requires a scope of work amendment must be approved by the City Council. PREVIOUS COUNCIL ACTION: A. On April 26, 2005, the City Council adopted its FY2005 Consolidated Annual Action Plan for Community Planning and Development Programs (Resolution No. 026237). Included in this action was the approval of the AVANCE, Inc. (new construction) project B. On October 31, 2006, City Council amended the scope of work (from new construction to rehabilitation) and moved the project location from 2822 Nogales to 702 12th Street for AVANCE, Inc., with funds provided from the FY2005 Community Development Block Grant (CDBG) Program. REQUIRED COUNCIL ACTION: Authorizing the City Manager or designee to amend the scope of work from rehabilitation to new construction from the FY2005 CDBG program for AVANCE, Inc. at 702 12th Street. FUNDING: FY2005 CDBG Program - $100,000 AVANCE, Inc. - $34,000 + $100,000 (donation) RECOMMENDATION: Authorizing the City Manager or his designee to amend the scope of work from rehabilitation to new construction from the FY2005 CDBG program for AVANCE, Inc. at 702 12th Street. CDa , D Administrator ADDItIONA4r,SUPPORT MATERIAL Baci4round Information P BACKGROUND INFORMATION PROJECT BACKGROUND Ono ApaI scope as of Arril 26, 2005 This was for the new construction of a new building located at 2822 Nogales. The AVANCE Parent -Child Education Learning Center is an educational learning center for low income families with children. Also, the facility would have also provided for a room for community training meetings and office comprehensive source of services for support and Iearnkig opportunities resulting in community inclusion and family self- sufficiency. Am ded *cope as of October 31, 2006 A turn of events evolved with the Gonzalez Foundation, Inc. donating to AVANCE the property located at 702 12th Street. A warrant deed was filed with Nueces County on October 25, 2006, granting as a charitable contribution the property to AVANCE from the Gonzalez Foundation, Inc. The proposed revised scope of work entailed the renovation of the building at 702 12th Street (12th and Morris St.) which was scheduled to be completed by May 2007. AVANCE were to utilize the $100,000 of CDBG funds with an additional $34,000 of their capital contributions towards the renovation of the donated building. Pro ed ;wised scope Another w tum of events includes an additional $100,000 donation by an anonymous contributor in May 2007 which has resulted in the proposition to amend the scope of work from rehabilitation of the donated building to constructing a new facility at the same location at 702 12th Street. The purposes of the providing an educational learning center for low income families with children remains unchanged as the original scope had indicated (see above). This facility is located in the Model Block Program area. It is proposed that the facility will be completed in October 2007. Staff recommends the proposed revised scope of work. 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 12, 2007 AGENDA ITEM: Motion authorizing the City Manager or designee to reinstate, amend the scope of work and to extend the FY2004 Community Development Grant Program funding agreement with Mary McLeod Bethune Day Nursery, Inc. !SSW: Subrecipient agreements with nonprofit organizations who were awarded FY2004 Conenunity Development Block Grant (CDBG) funds which require a reinstatement and extension and scope of work amendment must be approved by the City Council. PREVIOUS COUNCIL ACTION: On April 27, 2004, the City Council adopted its FY2004 Consolidated Annual Action Plan for Community Planning and Development Programs (Resolution No. 025738). Included in this action was the approval of the Mary McLeod Day Nursery, Inc. $70,000 CDBG project. REQUIRED COUNCIL ACTION: Authorizing the City Manager or designee to reinstate, amend the scope of work and to extend the FY2004 CDBG program funding agreement with Mary McLeod Bethune Day Nursery, Inc. located at 900 Kinney Avenue. FUMING: FY2004 CDBG Program - approximately $40,621 remaining RECOMMENDATION: Authorizing the City Manager or designee to reinstate, amend the scope of work and to extend the FY2004 CDBG program funding agreement with Mary McLeod Bethune Day Nursery, Inc located at 900 Kinney Avenue. Dani I Gallegos 41., CD Administrator BACKGROUND INFORMATION PROJECT BACKGROUND Many improvements have been made to the facility to date with the approximately $29K of CDBG funds used thus far such as replacing flooring in the kitchen, classroom and hallway areas. Also, other improvements include replacing 13 doors and 15 double pane windows and making some roof improvements. All improvements were made to Building B. Mary McLeod Bethune Day Nursery, Inc. is proposing to continue replacing other flooring not addressed in the first round of improvements and replacing carpet in Building B which was damaged by several high rises of water into the building. In addition, Mary McLeod Bethune Day Nursery, Inc. is proposing to replace the damaged front gate and replace and mend the fencing surrounding the property. The security of the facility is at risk due to the fencing situation Staff recommends reinstating, amending the scope of work and extending the FY2004 CDBG program funding agreement with Mary McLeod Bethune Day Nursery, Inc. located at 900 Kinney Avenue. 6 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Date: June 6 200 Resolution authorizing the City Manager or his designee to submit a grant application to the United States Department of Housing and Urban Development in the amount approximately of $86,300 under the Fair Housing Initiative Program for education and outreach activities and to execute all related documents. ISSUE: There is an opportunity through the United States Department of Housing and Urban Deviopment (HUD) to enhance public awareness for equality and non - discrimination in housg in an effort to remedy a lack or limitation thereof at a local level. The anticipated efforts and progress made through this grant, if awarded, would simultaneously address a national and local objective, both falling under HUD's Strategic Goals to "Ensure Equal Opportunity in Housing ". while taking local public education and awareness to a higher level with a fulltime program. This is a first -time endeavor in seeking these grant monies through HUD's discretionary program funds for Fair Housing Initiatives Programs (FHIP). PREVIOUS COUNCIL ACTION: No previous City Council Action. This HUD FHIP grant application is a new endeavor. FUNDING: No City funds currently allocated or appropriated. At this time, we are only in the application submittal process in hopes of receiving a HUD grant. CONCLUSION AND RECOMMENDATION: Although there is competition from organizations nationwide for these HUD grant monies, Staff recommends seizing this grant opportunity to enhance public awareness and outreach for fairness in housing, as the local municipal government. Leonides G. Bazar Director of Human Relations BACKGROUND INFORMATION HUD Fair Housing Grant Application Submittal This grant application is an opportunity to compete for program funding that is available through a national announcement by the United States Department of Houng and Urban Development (HUD). This specific grant application is through HUD's "Super Notice of Funding Availability" (SuperNOFA) for discretionary programs in particularly the Fair Housing Initiatives Programs (FHIP) for education and outreach efforts. The City should know of the grant application outcome in late summer If awarded, the grant would begin on or about October 1, 2007. Approval of this grant application would raise the City's Human Relations Department's fair housing education and outreach from a partial and limited effort to a greeter level by facilitating a fulltime program with dedicated personnel, marketing, and educational resources. The anticipated fulltime educational and outreach efforts through this grant, if awarded, would cover the expenses of one full -time equivalent, education materials, supplies. printing, and marketing for a one -year period here at the local level. This HUD FHIP grant would require annual application submittals for continuation of HUD funding The proposed fair housing grant activities include community /neighborhood education, marketing, non - English materials, forums for local housing industry, housing providers and housing groups, and staff attendance at mandatory HUD fair housing training conference(s). This grant application is submitted in care of the City's Human Relations Department, which currently has an existing relationship with HUD regarding fair housing equal opportunities. Human Relations has also been previously designated by HUD as one of its equivalent enforcement agencies to conduct investigations on housing discrimination complaints and seek resolution of discriminatory issues and practices at the local level. Human Relations is the only HUD fair housing enforcement agency south of San Antonio, Texas. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE AMOUNT OF APPROXIMATELY $86,300 UNDER THE FAIR HOUSING INITIATIVES PROGRAM FOR EDUCATION AND OUTREACH ACTIVITIES AND TO EXECUTE ALL RELATED DOCUMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to submit a grant application to the U.S. Department of Housing and Urban Development in the amount of approximately $86,300 under the Fair Housing Initiatives Program for education and outreach activities and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Mayor, City of Corpus Christi Assistant Secretary APPROVED AS TO FORM: June 7, 2007 111ndy E. On en Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 12, 2007 AGENDA ITEM: A. Resolution authorizing the City Manager, or his designee, to execute all documents nocessivy to accept the $10,000 grant from the Texas Forest Service for the Urban Forester Partnership Program. B. Ordinance appropriating $10,000 grant from the Texas Forest Service in the No. 1067 Parks and Recreation Grants fund to extend funding for an Urban Forester program; and declaring an emergency. ISSUE: The City of Corpus Christi has been awarded an additional $10,000 grant from the Texas Forest Service which extends the original $29,428 grant awarded in 2005. These additional funds for the "Urban Forestry Partnership Program" grant will assist the City of Corpus Christi Parks and Recreation Department to continue the work of our Urban Forester position. The Urban Forester is responsible for conducting an inventory of public trees, writing and executing long and short-range tree management plans, supporting city landscape and tree ordinances, and delivering educational programs to constituent groups and the public. Grant and local funds will continue to pay salary, benefits, office expenses, travel, uniforms, training, and cell phone costs. This grant program extension will allow the City to apply for an additional year of funding to support the urban forester position at some level, subject to the annual application process and funding availability of the Texas Forest Service. REWIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to accept and appropriate these funds. PREVIOUS COUNCIL ACTION: Council authorized an application to the Texas Forest Service at their July 12, 2005 meeting. The Council approved the grant agreement and apprriation at their October 11, 2005 meeting. FUN$ING: Grant award requires an equal commitment of funds or in -kind contributions frome Cty. This commitment comes from redistributed budgeted amounts within the General Fund - Park Operations. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance. Attar mead: Background Information Sally Gavli ''rector Parks and : ecreation BACKGROUND INFORMATION A cooperative program between the Texas Forest Service and the United States Depavtment of Agriculture Forest Service, the "Urban Forestry Partnership Grant Program" provides matching grant funds for local projects. The 101st Congress of the United States, in developing the Forestry Title of the 1990 Farm Bill, found that the health of forests in urban are and communities is on the decline. These forests, trees, and open spaces improve the quality of life for residents, enhance economic value of property and are more effective than rural trees at reducing the buildup of carbon dioxide due to the added energy savings for urban residents. Congress defined the purpose of this program to include improving the understanding of the benefits of preserving existing tree cover; encourage property owners to maintain trees and expand forest cover; provide educational and technical assistance to local organizations in maintaining and expanding forest cover; provide competitive matching grants to local units of government and other approved organizations for urban forestry projects; implement a tree plating program; promote the establishment of demonstration projects to illustrate the benefits of forest cover; and enhance technical skills of individuals involved in establishing or maintaining urban forest. RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT THE $10,000 GRANT FROM THE TEXAS FOREST SERVICE FOR THE URBAN FORESTER PARTNERSHIP PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute all documents necessary to accept a $10,000 grant from the Texas Forest Service for tie Urban Forester Partnership Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council_ ATTEST: THE CITY OF CORPUS CHRISTI Arrnando Chapa City Secretary APPROVED: June 6 2007 Lisa Agulari Asistant City Attorney For City Attorney Henry Garrett Mayor Corpus Christi. Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Prise Ia G. Leal John E. Marez Nelda Martinez Michael McCutchon ORDINANCE APPROPRIATING $10,000 GRANT FROM THE TEXAS FOREST SERVICE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND TO EXTEND FUNDING FOR AN URBAN FORESTER PROGRAM; AND DECLARING AN EMERGENCY. GE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $10,000 grant from the Texas Forest Service is appropriated in the No. 1067 Parks and Recreation Grants Fund to extend funding for an Urban Forester program. 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 s� that this ordinance is passed and takes effect upon first reading as an emergency measure this the 12th day of June, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED June 6. 2007 Lisa Aguilgr) Assistant City Attorney for City Attorney Henry Garrett Mayor Corpus Christi, Texas Day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 8 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: The City Manager, or designee, is authorized to execute an Interhpcai Agreement with the Corpus Christi Independent School District to provide transportation services for youth recreation programs. A copy of the agreement in substantial form is attached. ISSN: The interlocal agreement between the City of Corpus Christi and Corpus Christi Independent School District will allow the City to provide transportation to scheduled field trips during the Latchkey Summer Camps, Summer Youth Programs, and Fun Kids program at Recreation Centers REQUIRED COUNCIL ACTION: The City Council is required to approve all interlocal governmental agreements. PRIOR COUNCIL ACTION: The City Council approved an Interlocal Agreement between the City of Corpus Christi and the Corpus Christi Independent School District for Transportation on April 19, 2005. FUNDING: No additional funding required. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council apprtvve this interlocal governmental agreement with the Corpus Christi Independent School District. -Sally Gavlik, Director Parks and Recreation Attadiments: Background information BACKGROUND INFORMATION The City of Corpus Christi Parks and Recreation Department currently operates 14 summer program sites for youth ages five (5) to 13. Field trips to local areas of interest such as swimming pools, bowling alleys, movie theatres, and local museums are a significant portion of each summer program. In order to transport participants on the field trips, the department contracts with local school districts to provide buses and drivers for each trip. Previous contracts have been signed with both Corpus Christi and Flour Bluff School Districts The contract under consideration is with the Corpus Christi Independent School District Transportation Department for a fixed fee of $2.00 per mile and provides District - employed school bus drivers at fixed rate of $20.00 per hour to transport the Summer Program participants from their respective campuses to the various activity sites. CCISD offered the most competitive price and most accommodating terms for this summer's program.The estimated cost of this contract is approximately $17,500. The funds are available in the General Fund Latchkey 13405) and Summer Program (13310) budgets. RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTRLOCAL AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO PROVIDE TRANSPORTATION SERVICES FOR YOUTH RECREATION PROGRAMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager. or designee, is authorized to execute an Intet$ocal Agreement with the Corpus Christi Independent School District to provide transportation services for youth recreation programs. A copy of the agreement in substantial form is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May 23, 2007 Lisa Aguilar Assrtant City Attorney For City Attorney Henry Garrett Mayor Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Corpus Christi Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Districts school campuses, a Flour Bluff Independent School District school campus, and Housing Authority sites, and the City also sponsors a Weed and Seed recreation program as well as a youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Ameicans with Disabilities Act ( "ADA "), for a fixed fee of $2.00 per mile and provide District -err toyed school bus drivers at fixed rate of $20.00 per hour to transport the Sumner Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 4, 2007 and ends August 10, 2007. 2. Services to be provided. District shall provide its District school buses (including ADA accessible school buses) and District - employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. 3. Consideration. The City shall pay the District $2.00 per mile for each mile traveled from the District's bus barn to the activity site and back to the District's bus barn. Additionally, the City shall pay the District for District - employed school bus driver services performed at rate of $20.00 per hour on a prorated basis. These payments shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. H''LEG -DIR LISA\PARK AND REC 200 " +'CISD BUSA 3REEMEM" 2007 DOC 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bHI within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from CCISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, Weed and Seed, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for Distrct of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property. District also agrees to provide worker's compensation coverage as required by law. In the alternative, if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. All money spent for transportation for the Summer Program, Weed and Seed, and youth recreation program participants through this Agreerent must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2007. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI George K. Noe City Manager R \LE G- Dpt',LiSA \PARK .4ND REC 20071CCISD BUSAGREEMEN'.' 2007.DOC Approved as to legal form May 23, 2007. By: Lisa Aguilar, Assistant City Attorney for City Attorney CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: Name: Title: Date: H. \LEG- DDt1LISATARK AND REC 2007 \CCISD BUSAGREEMENT 2007.DOC 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 12. 2007 AGENDA ITEM: Ordinance authorizing the City Manager or his designee to execute a twenty -year lease with the Tuloso- Midway Independent School District to lease approximately .42 acres out of West Guth Park for District tennis court facilities. ISSUE: REQUIRED COUNCIL ACTION: PREVIOUS COUNCIL ACTION: FUNDING: CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance. Sally Gavlik, Director Parks and Recreation Attacment: Background Information Property Description and Survey - Exhibit Lease Agreement BACKGROUND INFORMATION The City of Corpus Christi entered into a lease agreement with Tuloso- Midway School District in 1984 for property located in West Guth Park to improve tennis courts that were to be used by the school district. When the courts are not in use by the school district they would be open to the public_ The city has had an ongoing agreement with the school district since the early 1960's. Tuloso- Midway School District requested the city enter into a new lease agreement for the property located in West Guth Park where the tennis courts are located. The school district intends to improve the tennis courts but must have a lease agreement in order to improve the portion of the courts that are on city property. The courts will be open to the public when not in use by the school district. Tuloso- Midway Lease Area Tract I STATE OF TEXAS COUNTY OF NUECES 111EINc. a tract of land containing 0.30 Acres (13,116 SQ. FT.) of land out of West Geth Park, as recorded in Volume 53, Pages 83-86 of the Map Records Nuetxs County, Texas. This 0.30 Acre tract being more particularly described by metes and bounds as follows: liCGI1' 4ING at a Found 1" Iron Pipe, being the northerly corner of the Tuloso- Midway School Tract as recorded in Volume 55, Page 61 of the Map Records of Nueces County, Texas; THENCE S32 °09'30 "W along the northwesterly Boundary Line of said Tuloso- Midway School Tract, a distance of 241.28' to a Point, being the southerly corner of this tract; THENCE NO0 °00'00 "E through West Guth Park as recorded in Volume 53, Pages 83 dtrough $6 of the Map Records of Nueces County, Texas, a distance of 204.26' to a Point, being the northwest corner of this tract; THENCE N90 °00'00 "E continuing through said West Guth Park, a distance of 128.42' to the POINT AND PLACE OF BEGINNING and containing 0.30 Acres of land. Bearings are with reference to the northwesterly boundary line of the Tuloso- Midway School Tract as shown on Plat thereof recorded in Volume 55, Page 61 of the Map Records of Nueces County, Texas. State of Texas County of Nueces I, Russell Ochs, a Registmed Professional Land Surveyor, hereby certify that the foregoing field mites were prepared by me from a land survey made on the ground under my direction. This the 31sT day of May, 2007. I), o Lis Siussellf. Oc State of Texas License No. 5,241 Tuloso - Midway Lease Area Tract II FATE OF TEXAS COUNTY OF NUECES I INa tract of land containing 0.12 Acres (5,332 SQ. FT.) of land out of West Guth Park, as recorded in Volume 53, Pages 8346 of the Map Records of Nues es County, Texas. This 0.12 Acre tract being more particularly described by metes and bounds as follows: EIEGINPUNG at a Found 1" Iron Pipe, being the northerly corner of the Tuloso- Midway School Tract as recorded in Volume 55, Page 61 of the Map Records of Nueces County, Texas; THENCE N90 °00'00 "E through West Guth Park as recorded in Volume 53, Pages 83 through 86 of the Map Records of Nueces County, Texas, a distance of 130.24' to a Point, being the northeast corner of this tract; THENCE S00 °00'00 "E continuing through said West Guth Park, a distance of 81.88' to a Point on the northeasterly boundary line of said Tuloso - Midway School Tract, being the southerly corner of this tract; THENCE N57 °50'30 "W along the northeasterly Boundary Line of said Tuloso- Midway School Tract, a distance of 153.84' to the POINT AND PLACE OF BEGINNING and contain 0.12 Acres of land. Bearings are with reference to the northwesterly boundary line of the Tuloso- Midway School Tract as shown on Plat thereof recorded in Volume 55, Page 61 of the Map Records of feces County, Texas. Slate of Texas (runty eti Noeces 1, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field Macs were prepared by me from a land survey made on the ground under my direction. This the 31 sr day of May, 2007. o Ochs State of Texas License No. 5,241 ---o o 0 0 POINT OF BEGINNING i i 8 W , 0 Q 4 a D i o CC rA 1 o � F N W D 0 0 C VI � �'ig 4.d °z &f) i. � � 0 3 p o Lu Q cc = 6 W Y C] W Cr a o o m w 3 „OO,OO.00N 0 z 0 CC U7 0 z 0 1L Scale In Feet W W z CO Li_ 0 0 HOMO 0X dN OF- 1<- Cr z O Z Z ;tM� 0 tf)1 W h O Z C� 0 W • 0c J J • L W 0 X CE w0 n -4- 1- L 4 w � a 0. ce, 5 te 0x W 0 Q Z F- O wt=o N co � H z M Z Q " Q cc N Vj & aou W'4 =_ °sa U Vi W Z U N a c gNW 0-Q 0 0 D1- 0 ti. to LL 0 0 0 _ O > 0 0 I U F- Z 0 t� 15 - v) 00 G) U cv La 0 d z z 0 Z d 3 LT) CjwL,_ 2 E., O m v► cc 0 ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A TWENTY -YEAR LEASE WITH THE INDEPENDENT SCHOOL DISTRICT TO LEASE APPROXIMATELY .42 ACRES OUT OF WEST GUTH PARK FOR DISTRICT TENNIS COURT FACILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the City Manager or his designee is hereby authorized to execute a twenty- year lease with the Tuloso- Midway Independent School District to lease approximately .42 acres out of West Guth Park for District tennis court facilities. Lease provides that the available for public use when not in use by the District. A copy courts will be 'itv Secretary. py of the lease is on file with the the That the foregoing ordinance was read for the readk g on this the day of Henry Garrett Melody Cooper Larry Elizondo, Sr Mike Rummell Bill Kelly first time and passed to its second , 2007, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of 2007. by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr Mike Nummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon PASSED AND APPROVED, this the day of 2007. ATTEST Armando Chapa City Secretary APPROVED as to form: June 6, 2007 By: Usa A►ilaf✓' Assistant City Attorney For City Attorney Henry Garrett Mayor �k^ _LOBO MID4v�Y PAGE 03/e9 CITY OF CORPUS CHRISTI AND TULOSO- MIDWAY INDEPENDENT SCHOOL DISTRICT LEASE OF A PORTION OF WEST GUTH PARK STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: VMhereaa, City of Corpus Christi previously leased a portion of West Guth Park to Tuioso - Midway School District which District used for school tennis courts; Whereas, the parties desire to continue lease, to provide for reduced lease area, in order to /Mow District's continued use of Premises for its tennis program; Now, therefore, the City of Corpus Christi and Tuloso- Midway independent School DAstrict, in consideration of the mutual promises and covenants herein, agree as follows: Lose. City leases the Premises to District, subject to all of the terms and conditions of this Lease. 2. Turn. The term of this Lease is for twenty (20) years beginning on the 81st day afler final Council approval, which date is September 8, 2007, unless sooner terminated, and extending from month to month; upon the same terms and conditions as set out herein, until a new lease is agreed upon, but not to exceed 12 additional months after expiration 3. DeRnitions. A. City - City of Corpus Christi EC City Manager - City Manager of Corpus Christi or designee. C. Council - Corpus Christi City Council. D. Director - Director of Parks and Recreation Department or designee. E. Lease - This Lease Agreement, including all Exhibits. F. District - The Tuloso-Midway Independent School District. G. Premises. Means approximately 0.42 acres of the West Guth Park located, as shown on Exhibit A. 4. Pftriatiirvices and Responsibilities. 30 JSC MIi*4 FAGE 04/ e9 A' Maim 8 Operations. District is authorized to erect and maintain tennis courts for District use on the Premises. District has the sole responsibility to operate and maintain its tennis courts on the Premises. District shall keep the Premises in a clean and sanitary condition. B. Public Ugt. At all times the District does not have use of the tennis courts located on the Premises, it agrees to make them available for public use. A. D$trict Contact Person. For this Lease, District's Contact person is the Superintendent. B. City Contact Person. For this Lease, the City's contact person is the Director of Parks and Recreation. 6. Default and Cancellation. A. The following are defaults Failure to keep, perform, and observe all conditions and terms contained in this Lease. District will be notified in writing of any default and have 15 days to cure the default. B. This lease may be canceled whenever District fails to comply after written notice of a violation recommended cure and period of cure. C. Notwithstanding any other provision hereof, either party hereto shall have the right upon thirty (30) days written notice to the other to cancel this agreement and terminate the same. 7. Alcellaneous. A. Utilities, District agrees to pay for all utilities associated with its use of the Premises. B. Laws. District must comply with all applicable federal, state, and local laws, rules and regulations. C. Attgr$tiont. District must not make any additions or alterations, other than general maintenance, to any improvements on the Premises without the Director's prior written consent D. Relationship. This Lease establishes a Landlord/Tenant relationship. and none other. In performing this Lease, both City and District wi0 act in an individual capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of either party are not, nor construed tc be, the employees or agents of the other party for any purpose whatsoever 2 31 JLUSU M PAGE 05/09 E Assigririt. This Lease may not be assigned. F. LisbiPty. Neither party agrees to indemnify or hold harmless the other party as to personal injuries arising out of this Lease Agreement The liability, if any, of either party is that prescribed by the laws of the State of Texas. G. Nandiscrbmination, District employees, agents, students; and invitees to or because of race, religion, national compliance with all federal and state employment. covenants that all its officers, will be treated equally without regard origin, sex, age, or disability and in laws prohibiting discrimination in H. Notice. All notices which are required to be sent under this must be sent by certified mail or hand delivered as follows: I# to City: City of Corpus Christi Parks and Recreation Department PO Box 9277 Corpus Christi, TX 78469 -9277 Attention: Director of Parks and Recreation (361) 826 -3461 if to District: Tuloso-Midway Independent School District 9760 La Branch Street Corpus Chnsti, TX 78410 Attention: Superintendent (361) 903 -6400 Lease Either party may change the address to which notice is sent by using the method set out above. Waiver. Any waiver by the Parties of a breach of covenants, terms, obligations, or events of default is not a waiver of any subsequent breach, nor does the faire to require full compliance with the Lease change the terms of the Lease or estop the Parties from enforcing the terms of the Lease. J. Surrender. Upon expiration or cancellation of this Lease, District at the City Manager's written request, will remove the improvements and restore the surface of the Premises to a level grade_ K. Publicatiga. District agrees to pay costs of publication of this Lease as nu* be required by the City Charter. 32 3 _ISL MI ..*4- AGE a6i e9 EXECUTED IN DUPLICATE, each of which are considered an original, this the *I'S day o 'Jvi ,2007. City of Corpus Christi Tuloso-Midway ISD By: aborge K. Noe, City Manager Date: Atest: Arrnanck) Chapa, City Secretary Legal form approved on May 22, 2007. By: Lisa Aguilar. Assistant City Attorney For City Attorney 33 By: 4 �USU MIUUAY PAGE 07/09 Tuloso- Midway Lease Area Tract I STATE OF TEXAS COUY4TY OF NUECES BEM a tract of lotted containing 0.30 Acres (13,116 SQ. FT.) of land out of West Guth Park, as recorded in volume 53, Pages 8346 of the Map Records of Nis Coady, Texas. This 030 Acre tract being more particularly desctikid by metes mid bounds as follows: HEGINING at a Found 1" Iron Pipe, being the northerly comer of the Tuloso- Midway School Tract as recorded in Volume 55, Page 61 of the Map Records of Nuoces County, Texas; THENCE S32°09'30"W along the northwesterly Boundary Line of said Tuloso- Midway School Tract, a distance of 241.28' to a Point, being the southerly comer of this tract; THENCE NOO°00'00"E through West Guth Park as recorded in Volume 53, Page 83 throe t 86 of the Map Records of Nueces County, Texas, a distance of 204.26' to a Point, being the northwest corner of this tract; THENCE N90 °00'00 "E continuing through said Woat Guth Park, a distance of 128.42' to the POINT AND PLACE OF BEGINNING and containing 0.30 Acres of land. Bearix are with refersw a to the northwesterly boundary line of the Tuloso - Midway School Tract es shown on Plat thereof recorded in Volume 55, Page 61 of the Map Records of Nueoos County, Texas. State sof Teens Cowley of Nacres I, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made or the ground under my direction. This the 31 s* day of May, 2007. O State a'Texa, License No. 5,241 34 5 , MIC.it PAGE e8 /E9 Tolosa- Midway Lease Area Tract II $TAT* OF TEXAS coup "i ? OF NUECES EEN a bract (Aland coatandag 0.12 Acres (5,332 SQ. FT.) of land oat of West Cloth Park, as recorded in Volume 53, Pages 83-86 of the Map Records of Noises County, Texas. This 0.12 Acre tract being more particularly described by metes and bounds as follows: GI VG at a Found 1' Iron Pipe, being the northerly corner of the Tuloso- Midway School Tract as recorded in Volume 55. Page 61 of the Map Records of Nueces County, Texas; THENCE N90°00'00 "E through West Guth Park as recorded in Volume 53, Pages 83 throngit 86 of the Map Records of Nueva County, Texas, a distance of 130.24' to a Point, being dire northeast coma of this tract: • roma SOfl °00'00 "E continuing through said Wei Guth Park, a distance of 81.88' to a Point on the northeasterly boundary line of said Tuloso- Midway School Tract, being the soothe y corner of this tract; THENCE N57°50'30 "W along the northeasterly Boundary Line of said Tuloso- Midway School "Tract, a distance of 153.84' to the POINT AND PLACE OF BEGINNING and oontaiaug 0.12 Acres of land. are with reference to the northwesterly boundary line of the Tuloso- Midway School Tract as shown on Plat thereof recorded in Volume 55, Page 61 of the Map Records of ?tueces County. Texas. State it Texas oust] of Nneces 1, Russaltl Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field motes ware prepared by n* from a land survey made on the ground under my direction. This the 316I day of May, 2007. . Odes State oftexas License No. 5,241 35 r JSC+ MI Dlk PAGE 09/09 POINT i z ww 0 CY Q LtJ dC�9 W J +1.IMIi(L4M VD rr, 44 cn 4) Zq (g13 � vg ' a �w 04 o 1r 0 10 AGENDA MEMORANDUM City Council Action Date: June 12, 2007 SUB*CT: Corpus Christi Ship Channel Utility Crossing (Base Bid 1) AMENDMENT NO. 2 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Ametdmedt No. 2 to the Contract for Professional Services with HDR/Shiner Moseley Inc. of Corpus Christi, Texas in the amount of $62,700, for a total re- stated fee of $507,744 for the Corpus Christi Ship Channel Utility Project for additional inspection time. ISSN: The construction contractor for the installation of the utility lines in the Corpus Chri Ship Channel exceeded the approved construction time frame and incurred additiOnal construction inspection time as a result. Existing funds within the Engineering Contract were realigned to cover this expense and this amendment will reinstate the used construction inspection time hours. FUMING: Funds for this project are available from the FY 2006 -2007 Utilities Capital Improvement Program Budget. RECIMMIIDATION: Staff recommends approval of the motion as presented. Fost Crowell Diredbr of Wastewater Services SL 6/JO •i44 E u +o Guava Direcr of Water Services G1A-d . (D1 '9147 Addinalpport Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Action Exhibit "B" Contract Summary Exhibit "C" Location Map 1"g -1 R. Escobar, P.E. 'rector of Engineering Services HaHOMEOINDASIGEMWATERl8429 - CC Ship Channel Crossing\Amendmenl No 21lgenda memo.doc BACKGROUND INFORMATION SUBECT: Corpus Christi Ship Channel Utility Crossing (Project No. 7173/8429) This project consists of two parts: Base Bid 1 and Base Bid 2. • Base Bid 1 consists of the installation of a new utility crossing in the Corpus Christi Ship Channel. This phase was completed December 2006 by Akerman Construction. • Bat Bid 2 consists of the removal of the existing utility lines in the ship charm!. King Fisher Marine has completed the land -side portion of the removal and is scheduled to begin the water -side portion in June 2007. AMENDMENT NO. 2 DESCRIPTION: This amendment is necessary to reinstate construction inspection hours for Base Bid 2 construction inspection which was used to complete Base Bid 1 due to extended construction time in completing the project. HDR.Shiner Moseley was contracted by the City to provide design and construction observation services for both Base Bid 1 and Base Bid 2. The installation of the new utility crossing under Base Bid 1 experienced delays, which resulted in the need to extend both the construction contract (under Change Order Nos. 3 and 4) and the construction observation contract with HDR1Shiner Moseley (under Amendment No. 1). That amendment brought HDRIShiner Moseley's total construction observation time for Base Bid 1 to 165 calendar days, which would last until May 15, 2006. Addi*onal construction delays by Akerman Construction after May 15, 2006 required addinal construction observation and coordination by the consultant. Inspection hours for this extension required inspection hours budgeted for Base Bid 2 to be used towards Base Bid 1 to facilitate the successful completion of the project. Additional tasks performed by HDRIShiner Moseley include the following: • Continued to conduct regular site observation visits between May 16, 2006 and September 27, 2006. • Coordinated a project walk- through inspection on September 27, 2006. • Developed a punch list of remaining items and worked with the contractor for completion of the identified items from September 28, 2006 to December 12, 2006 (completion date of the Base Bid 1 project). • Reviewed two additional contractor pay requests. • Coordinated extensively with the geotechnical engineer due to contractor's problems wkh sub -grade compaction tests meeting specification. • Coordinated with the consultant's own in -house surveying department to find an acceptable solution to problems the contractor had with paving grades on the south site parking lot and on Mesquite Street. Ha HOMEtVNOAS\GENIWATER18429 - CC Ship Channel CressingWmendment No 21Background.doc AMESDIIMOJT NO 2 FUMING: With tie construction delays, Akerman Construction did not complete Base Bid 1 within the approved time frame and had difficulties with meeting acceptable specifications. City Staff has reached a settlement agreement with the contractor (Change Order No. 5) in which the City agreed to extend the construction time by an additional 182 calendar days and the contractor will reimburse the City in the amount of $49,773.30 to pay for the additional inspection services. The remaining $12,926.70 for the amendment is available in the project budget. This amendment will reprogram the necessary construction inspection hours back to successfully complete Base Bid 2. PRO CT. BACKGROUND: The Corpus Christi Ship Channel Utility Crossing was originally installed in 1959 and consisted of two 12 -inch (outside diameter) steel water mains, two 12 -inch (outside diameter) steel wastewater mains and two 10 -inch (outside diam ter) steel gas mains, as well as one fire alarm cable. Those lines had to be replaced because they were at the end of their useful life and were not deep enough to accommodate the Port of Corpus Christi's plan to widen and deepen the Corpus Christi Ship Channel. The gas mains and fire alarm cable were no longer needed and were not replaced. The new water and wastewater mains, which were installed approximately 30 feet lower than the previous lines, provide service to North Beach residents and to the Port of Corpus Christi Authority (PCCA). H3.HOMEYYNDAS \GEN\WATER \8429 - CC Ship Channel Cn'ssingWmendment No 2 \Background.doc PRIOR PROJECT ACTIONS SUBJECT: Corpus Christi Ship Channel Utility Crossing Prior Project Actions have included: PRIgit Ct; NCIL ACTION: 1. Dricenler 17, 2002 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Shiner Moseley & Associates in the amount of $282,700 for the Corpus Christi Ship Channel Utility Crossing. (Motion No. 2002 -418) 2. Q,ptobEy 25, 2005 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Akerman Construction Co. Inc. of Purcell, Oklahoma in the amount of $2,883,568 for the Corpus Christi Ship Channel Water and Wastewater Utlity Crossing REVISED AND RE -BID for the installation of a new utility crossing (Base Bid 1). (Motion No. 2005 -378) 3. 14pverrtler 15, 2005 - Motion authorizing the City Manager, or his designee, to execute a construction contract with King Fisher Marine of Port Lavaca, Texas in the amount of $3,250,000 for the Corpus Christi Ship Channel Water and Wastewater Utility Crossing REVISED AND RE -BID for removal of the existing utility crossing contingent upon the issuance of the Notice to Proceed being delayed until August 2006. (Motion No. 2005- 406) 4 January 17, 2006 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 to a construction contract with Akerman Construction Co. Inc. of Purcell, Oklahoma in the amount of $139,000 for the Corpus Christi Ship Channel Water and Wastewater Utility Crossing Project Base Bid One to relocate drill entry for the three remaining bores to reduce risk of impact to the Corpus Christi Museum of Science and History resulting from potential frac -out. (Motion No. 2006 -008) 5 JIy 11, 2006 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering Inc. (Shiner, Moseley & Associates Inc.) of Corpus Christi, Texas, in the amount of $162,344, for a total re- stated fee of $445,044, for the Corpus Christi Ship Channel Utility Crossing for addition bid phase services to rebid the project and additional construction phase services. (Motion No. 2006 -199). 6 S Dterrber 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) pFult ALINISTRATIVE ACTION: 1 Filibruery 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. Arch 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering funs (28 local and 14 out -of- town). 3. 11rch 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). N:\ HOMEt{.YNDAS\GENIWATER18429 - CC Shp Channel CrossingWmendmenf No 2\Pnor Actions.doc 4 Arch 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firrns (28 local and 14 out -of- town). 5. IVrch 48, 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. Kitiy 1742004 — Administrative approval of a geotechnical testing agreement with Rock Engineering & Testing Laboratory Inc. in the amount of $11,200 for the Corpus Christi Ship Channel Utility Crossing. 7 April 22,0 2005 - Administrative approval of a pre - construction testing agreement with Fgro Consultants, LP, in the amount of $1,500 for the Corpus Christi Ship Channel Utility Crossing. 8. Dpcerriber 16, 2005 - Administrative approval of Change Order No. 1 with Akerman Construction Co. Inc: of Purcell, Oklahoma in the deductive amount of $13,000 for the Corpus Christi Ship Channel Water and Wastewater Utility Crossing REVISED AND RE -BID for the installation of a new utility crossing (Base Bid 1) for allowing the contractor to work 24 hours /day, 7 days /week during drilling, reaming and pull -back operations, 9. Jnuary 13, 2006 - Administrative approval of Change Order No. 2 with Akerman Construction Co. Inc. of Purcell, Oklahoma in the amount of $22,900 for the Corpus Christi Ship Channel Water and Wastewater Utility Crossing REVISED AND RE -BID for the instation of a new utility crossing (Base Bid 1) for contractor set -up to relocate the del entry point for the remaining bores. 10. April 11, 2007 - Administrative approval of Change Order No. 4 with Akerman Construction Co. Inc. of Purcell, Oklahoma in the deductive amount of $51,416.17 for the Corpus Christi Ship Channel Water and Wastewater Utility Crossing REVISED AND RE -BID for the installation of a new utility crossing (Base Bid 1) for related unit items not used in the contract. 11. Are 4 2007 - Administrative approval of Change Order No. 5 with Akerman Construction Co. Inc. of Purcell, Oklahoma in the deductive amount of $224,773.30 for the Corpus Christi Ship Channel Water and Wastewater Utility Crossing REVISED AND RE-BID for the installation of a new utility crossing (Base Bid 1) for deleting unused allowances and adding an agreed time extension. H:HOME{LVNDAS\GEN\WATER\8429 - CC Shirt Channel Crossing1Amendment No 21Pnor Actions.doc CONTRACT SUMMARY RATIFICATION OF AMENDMENT NO. 2 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, hereinafter called "CITY" and Shiner Moseley and Associates, Inc. hereinafter called "CONSULTANT ", agree to the following amendment to the Contract for Professional Services for Corpus Christi Ship Channel Utility Crossing (Proiect No. 7173 and $429) as previously authorized and amended by: Olriginal Contract December 17, 2002 Motion No. M2002 -418 Amendment No. 1 July 11, 2006 Motion No. 2006 -199 $282,700.00 $162,344.00 EXI IT "A ", PART 1. SCOPE OF SERVICES, SECTION B. ADDITIONAL SERVICES, shall be modified to expand the Additional Services to include the following: ITEM NO. 5 CONSTRUCTION OBSERVATION SERVICES: Provide additional construction observation services for installation of the new utility crossing (BASE BID 1) J> EXHIBIT "A ", PART 3. FEES, shall be modified as follows: TOTAL AMENDMENT NO. 2: $62,700 H:\HOMEILYNDASIC4ENIWATER18429 - CC Ship Channel CrossingWmendment No 21Contract Sunxnary.doc ORIGINAL CONTRACT AMD. NO. 1 AMD. NO. 2 TOTAL BA SERVICES 1 relirrl Lary Phase $68,200.00 $0.00 $0.00 $68,200.00 2 esi Phase 57,900.00 9,980.00 0.00 67,880.00 3 id Pte 19,100.00 17,800.00 0.00 36,900.00 4 onst tion Phase 39,300.00 0.00 0.00 39,300.00 Sub I Bad Services 184,500.00 27,780.00 0.00 212,280.00 ADD IONAL SERVICES (Allowance) (AUTHORIZED) 1 Permit Preparation 17,900.00 12,000.00 0.00 29,900.00 2 OW Acquisition Survey & Top o hic Survey 27,900.00 0.00 0.00 27,900.00 3 OW Services 5,900.00 0.00 0.00 5,900.00 4 Construction Observation Services 42,000.00 122,564.00 62,700.00 227,264.00 5 tart-Up Services 1,900.00 0.00 0.00 1,900.00 6 army Phase 2,600.00 0.00 0.00 2,600.00 SubtttaI Additional Services 98,200.00 134,564.00 62,700.00 295,464.00 TOTAL AUTHORIZED FEE $282,700.00 $162,344.00 $62,700.00 $507,744.00 TOTAL AMENDMENT NO. 2: $62,700 H:\HOMEILYNDASIC4ENIWATER18429 - CC Ship Channel CrossingWmendment No 21Contract Sunxnary.doc File : \Mproject \councilexhibits \exh J ? 73/8425. dw 9 CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE N0. 7173(1429 EXHIBIT C CORPUS CHRISTI SHIP CHANNEL UTILITY CROSSING (AMENDMENT NO. 2) CRY COUNCIL EXHIBIT CITY OF CORPUS CHRIST!, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05 -08 -2007 11 AGENDA MEMORANDUM AGENDA ITEM: June 12, 2007 Ordinance appropriating $99,618.96 from the Sanitary Sewer Collection Line Trust Fund No. 540450- 21801 -4220 to pay JJAR Development, LLP the remaining reimbursement amount for the installation of 2,660 linear feet of off-site 18 -inch PVC sanitary sewer collection line to develop the Legends of Diamante Unit 2; and declaring an emergency. ISSUE: During the construction of the infrastructure for Legends of Diamante Unit 1, JJAR Development Company, LLP, owner and developer of Legends of Diamante Units 1 and 2, installed an off -site 18 -inch PVC sanitary sewer collection line at a cost of $275,666.96. The maximum reimbursement allowed by the Platting Ordinance for the construction of the 18 -inch collection line for Unit 1 was $160,776.00, leaving $114,890.96 not reimbursed to the Developer. Staff prepared the Reimbursement Agreement between the City and the Developer of Legends of Diamante Unit 1 with an attached cost estimate (exhibit D), citing eligibility under section V.B.6.f)(2)(ii)(4)(d) of the Platting Ordinance. indicating that future reimbursement would be available upon development of Legends of Diamante Unit 2. The developer elected to take a credit for the Legends of Diamante Lot/Aereage fees, which reduces the reimbursement to $99,618.96. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F efi) r Deborah A. Marroquin, P.E. Interim Director of Development Services Background Information Location Map Sanitary Master Layout Off -Site Sanitary Sewer Cost breakdown Application for Sewerline Reimbursement Application for Sewerline Credit AG DA BRAND DITIONAL BACK ROUND INF a TION BACKGROUND: The development and platting of Legends of Diamante Unit 1 (Exhibit B) required the off -site extension of an 18 -inch sanitary sewer collection line. The off -site sanitary sewer collection line extends 2,660 linear feet to the east, along Slough Road, from an existing manhole located in front of Greystone Unit 1 Subdivision and terminates at the manhole located near the intersection of Slough Road and Amethyst Drive (Exhibit C). In addition to serving Legends of Diamante Unit 1, the 18 -inch sanitary sewer collection line was designed and is required to provide sanitary sewer service to Legends of Diamante Unit 2. The total construction cost submitted by the developer for the installation of 2,660 linear feet of 18 -inch sanitary sewer collection line was $275,666.96 (Exhibit D). The maximum reimbursement allowed by the Platting Ordinance for the construction of the 18 -inch collection line for Unit 1 was $160,776.00, leaving $114,890 96 not reimbursed to the Developer. Staff prepared the Reimbursement Agreement between the City and the Developer of Legends of Diamante Unit 1 with an attached cost estimate (Exhibit 0), citing eligibility under section V.B.6.f)(2)(ii)(4)(d) of the Platting Ordinance. The developer submitted an Application for Sewerline Credit (Exhibit F), which allows the Developer to diaduct the wastewater acreage fee from the reimbursement and receive a credit for the wastewater acreage fee that is applied to the wastewater acreage fee during final plat recordation. The wastewater acreage fee is subtracted from the construction cost. The reimbursement, less the acreage fee credit ($114,890.96- $15,272.00 = $99,618.96), is $99,618.96. The Application for Sewer Line Reimbursement (Exhibit E) and supporting cost documentation is attached. All work is completed; the public improvements have been inspected and accepted by the City for operation and maintenance. Reimbursement is payable upon appropriation of funds by Council, not to exceed $99,618.96. EXHIBIT A Exhibit B Page 1 of 1 — '—'""' • al111111111 • °WM VIIMPL VIRRI1 -11 MIPS WO 0141 ••••1. "W012 warp mflINL inoAri VaLSVN MIV.UNVS 11.NVPIVICI o SON3031 1 OD 1 11 AM INN Ing op gm le worm dome ru••■•••Pewo Exhibit C 11 Paae 1 of 1 m Off -Site Sanitary Sewer Cost breakdown Exhibit 3 ITEM DESCRIPTION UNIT QUAN. UNIT TOTAL PRICE COST 1 1 s$'' PVC (8' -10' Cut) LF 2 18" PVC (10' -12' Cut) LF 3 4' Diameter Manhole (8' -10' Deep) EA 4 4' Diameter Manhole (10' -12' Deep) EA 5 18' Stub Out and Plug EA 6 Trench Safety LF Repair Safety End Treatment and Culvert EA 8 Dewater (if needed) LF 9 Crushed stone embedment (if dewatering) LF 10 Traffic Control LS 1,183 $73.00 1,477 $86.50 3 $3,500.00 3 $3,800.00. 4 $210.00 2,660 $1.00 1 $750.00 2,660 $1.00 2,660 $2.00 1 $650.00 SubTotal $86,359.00 $127,760.50 $10,500.00 $11,400.00 $840.00 $2,660.00 $750.00 $2,660.00 $5,320.00 $650.00 $248,899.50 7.5% Engineering fee $18,667.46 Payment and Performance Bonds $8,100.00 Total $275,666.96 1 1 Maximum Reimbursement Unit 1 $180,873.00 Less Lot Acreage Fee Credit Unit 1 ($20,097.00) Reimbursement Amount for Unit 1 $160,776.00 L $275,666.96 ($160,776.00) Reimbursement Authorized When Unit 2 Plats $114,890.96 Less Lot Acreage Fee Credit Unit 2 (46 Lots x *332 = $15,272.00) ($15,272.06) Reimbursement Amount for Unit 2 $99,618.96 r Exhibit D APPLICATION FOR SEWERLINE REIMBURSEMENT I, James Tract/ of JAR Development, L.L.P., owner and developer of proposed Lends of Diamante Unit 2 Subdivision, hereby request reimbursement of $ 9%618.96 for the installation of the sanitary sewer collection line in conjunction with Llisends of Diamante Unit 2 Subdivision, as provided for by City Ordinance No. 17396. Said $ 275666.96 is e construction cost, including 7.5% Engineering, in excess of the lotiacreage fee, as shown b the cost sups • n . • uments attached herewith. James Tracy, Gener. 'artner JJAR Developmen , .L.P. 0 7 (Date) THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on i2( , 2007, by Texas Corporation, on behalf of said corporation. CEIIFICATION ,a Not aiy Public in and for the "State of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Collection Line Trust Fund, and (b) appropriation and approval by the City Council. Development Services Engineer 01/0 ? (Date) Exhibit E APPLICATION FOR SEWERLINE CREDIT I, Janes Tracy of JJAR Development, L.L.P. , owner and developer of proposed Le nds of Diamante Unit 2 Subdivision, hereby apply for a $ 15,272 credit towards the sanitary sewer lot/acreage fee for the sanitary sewer collection line extension installed in conjunction with Legends of Diamante Unit 2 Subdivision as provided for by City Ordinance No. 17396. $ 275,666.96 is a construction cost, including 7.5% Engineering, as shown by the cost supporting documents attach d herewith/-- James Tracy, General P JJAR Development, L. THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on Corporation, on behalf of said corporation. CERVFICAT1ON // 7 (Date) Not Public in and for th tate of Texas , a Texas The information submitted with this application has been reviewed and determined to be correct and a credit of $ 15,272 is herewith approved. fi ll se, / 44t \✓- Development Services Engineer VY/01 (Date) Exhibit F Off-Site Sanitary Sewer Cost breakdown Exhibit 3 ITEM DESCRIPtION UNIT WAN. UNIT PRICE TOTAL COST 1 8" PVC (8'-10' Cut) LF 1,183 $73.00 $86,359.00 2 3 18" PVC (10'-12' Cut) LF 1,477 $86.50 $127,760.50 4' Diameter Manhole (8'-10' Deep) EA $3,500.00 $10,500.00 4 5 6 4' Diameter Manhole (10'-12' Deep) EA -1 3 $3,800.00 $11,400.00 - -t 18" Stub Out and Plug EA 4 $210.00 $840.00 Trench Safety LF 2,660 $1.00 $2,660.00 Repair Safety End Treatment and Culvert EA $750.00 $750.00 8 9 10 Dewatering (if needed) -r- LF 2,660 $1.00 $2,660.00 Crushed stone embedment (if dewatering) LF ! 2,660 $2.00 $5,320.00 traffic Control ± LS 1 $650.00 $650.00 , .. _ - Sub Total $248,899.50 7.5% Engineering fee [ $18,667A6 Payment and Performance Bonds $8,100.00 -, -t Total $275,666.96 T Maximum Reimbursement Unit 1 $180,873.00 (Less Lot Acreage Fee Credit Unit 1 ($20,097.00) Reimixasement Anvunt for Unftl $160,776.00 + - ---4 t - $275,666.96 ($160,776.00) Reimbursement Authorized When Unit 2 Plats $114,89196 Less Lot Acreage Fee Credit Unit 2 (46 Lots x $332 = $15,272.00) ($15,271.00) Reimbursement Amount for Unit 2 $99,618.96 .___. -r -Fr ' I jr- - --+ + - -+ --i t Exhibit 3 -F 1 Page 1 of 2 AN ORDINANCE APPROPRIATING $99,618.96 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 540450 - 21801 -4220 TO PAY JJAR DEVELOPMENT, LLP, THE REMAINING REIMBURSEMENT AMOUNT FOR THE INSTALLATION OF 2,660 LINEAR FEET OF OFF - SITE 18 -INCH PVC SANITARY SEWER COLLECTION LINE TO DEVELOP THE LEGENDS OF DIAMANTE UNIT 2; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $99,618.96 is appropriated from the Sanitary Sewer Collection Line Trust Fund No 540450- 21801 -4220 to pay JJAR Development, LLP, the remaining reimbursement amount for the completed installation of 2,660 linear feet of off -site 18- inch PVC sanitary sewer collection line located along Slough Road, from an existing manhole located in front of Greystone Unit 1 Subdivision and terminating at the manhole located near the intersection of Slough Road and Amethyst Drive. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 12th of June, 2007. ATTEST: Armando Chapa City Secretary APPROVED as to form: June 6, 2007 B W. Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H :\LEG -D #R\ Shared \GaryS\agenda\2007\6 -12\ Ord- AppropJJarDev- LegendsofDiamante- sanswr.doc Page 2 of 2 Corpus Christi, Texas Day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Conpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Nervy Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H \ LEG- DIRtShared \GaryStagenda12007\6 -121 Ord- AppropJJarDev- LegendsofDiamante- sanswr.doc 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/12/07 AGENDA ITEM: Public Hearing on the FY 2007 -2008 Budget adopted by the Crime Control and Prevention District Board of Directors. CITY STAW available to answer questions femme Title Dept/Division 1. B. P. Smith Chief of Police Police 2. Pot P. EI*idge Police Administration Manager Police 3. Eddie Houlihan Director Mgt and Budget OUTSIDE INDIVIDUALS available to answer questions Nome Title/Position Organization 1. Scett Kuosra Vice - President Crime Control Board ISS : By State statute, the City Council is required to hold a public hearing on the Crime Conti* and Prevention District adopted FY 2007/08 budget no later than the 45"' day before the fiscal year begins. REcIREO COUNCIL ACTION: : The Board of Directors of the Crime Control and Prevention District held a public hearing on April 18 and adopted the budget the same day. The public hearing by the City Council was advertised in the Corpus Christi Caller Times on June 2 as required 10 Sys before the public hearing. The City Council must approve or reject the budget no lath than the 30"' day before the fiscal year begins (scheduled for June 19, 2007). Bryan - . Smith Chief of Police Attar nni: Adopted budget Crime Control and Prevention District City of Corpus Christi Came Control & Prevention District FY-2005/2006 Actual Year End Numbers FY-200612007 Year End Estimates FY-2007/2008 Proposed Budget CRIME CONTROL & PREVENTION DISTRICT TABLE OF CONTENTS FY- 2007/2008 Page Program Org. No. No. 1 Financial Statement 2 Pollee Officer Costs 11711 3 Pawn Shop Detail 11713 4 MDT /AVL Technical Support 11714 5 Public Silf+ety Vehicles & Equipment 11717 6 Election Costs 49001 7 Juvenile Assessment Center 49002 8 Citizens Advisory Councils 49008 9 Juvenile City Marshals 49010 10 Reserve for Comp/Merit Pay 80004 11 10 Year Revenue & Expenditure Projection - Crime Control & Prevention District FY-2068/2006 Actual Revenues & Expenditures FY-2006/200r Year End Revenue & Expenditure Estimates FY-200712008 Proposed Budget 1 Actuals Amended Estimated Proposed 2005-2006 2006-2007 2006-2007 2007-2008 Beginning Badance 2,126,317 2,371,903 2,371,903 2,088,931 Revenues Sales bx 4,524,820 4,623,143 4,691,418 4,855,618 on lavesbnents 59,715 62,352 79,315 73,113 Juvon D Testi . - - 2,928 16,000 IV ProPertY 3,230 - 1,188 - 799 - - - otal Current Revenues 4,588,564 4,685,495 4,774,849 4,9441731 Total Funds Available 6,714,881 7,057,398 7,146,752 7,033,661 E • Mures Police - Costs 3,643,487 3,993,335 3,861,266 3,906,320 Pawn • • Detail 100,036 169,751 169,849 173,280 IIIDT/A T nical Support 111,679 5,559 57,923 62,704 - Publlc Veh. & Equip. 343,653 316,993 , 120,000 141,390 - E - . Coats - 120,000 wren Aseassmamt Center 323,060 361,782 353,223 374,273 C , Council 10,105 20,000 19,969 11,374 Juvenl Marshals 149,052 153,258 153,816 167 036 for Increases - - - 15,264 4,788,938 Expenditures 4,342,978 5,219 702 5,057,821 Ending Balance 2,371,903 1,837,696 2,088,931 2,244,725 155,794 (534,208 (282,97if Surplus / (Deficit) 245,586 1 2 CITY OF CORPUS CHRISTI CRAVE CONTROL & PREVENTION DISTRICT POLICE OFFICERS COSTS-11711 EXPENDITURE BUDGET Account Description Actuate 2005/2006 Amended 2006/2007 Estimabd 2006/2007 Proposed 200712008 and Wags 2,121,112 2,204,295 2,121,294 2,151,000 . , 193,828 211,004 215,056 221,507 E rPay 125,822 172,186 121,889 130,100 . raiment 522,460 559,932 538,702 556,307 t - insurance bws.fit. 367,996 393,796 393,796 433,175 E 24,595 28,000 37,112 46,000 - & bricants 88,869 90,000 98,944 108,838 and food supplies 224 150 150 150 E •r • Is & ecRdponent 229 111,600 113,811 4,000 E or �omptr equipment 0 2,500 0 0 • - Is 1,130 500 1,200 1,200 . • I services 0 500 500 500 repairs 3 400 400 400 E, reimbursement 0 0 (61) 0 E • maintenance 0 1,000 1,000 1,000 I Rh insurance Exp.-P.O. 0 0 0 16,741 • limpi - Dental. 40,300 37,200 37,200 37,200 if Miasma, Alloodlon 186,920 180,274 180,274 198,301 TOTALS 3,643,487 3,993,335 3,861,266 3,901,320 St. E737,,,.. • • • Police Officers E = 50 Police Ofilaws E • . i Police °Maws 2 3 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PAWN SHOP DETAIL-11713 EXPENDITURE BUDGET Account Description Actuais 2005/2006 Amended 2006/2007 Estimated 2006/2007 Proposed 2007/2008 arias and Wages 78,248 102,010 102,375 101,020 Overtime 722 1,100 116 1,100 r Par 650 500 1,063 i,200 RiptireoNent 17,117 22,421 22,690_ 17,600 22,068 19,360 up insurance benefits 0 17,600 . awls & ecgdpiment 0 1 500 500 500 . eomputer equipment 2,698 4,000 3,885 4,000 r Office equipment 0 2,000 2,000 2,000 • - e Supplies 0 2,000 2,000 2,000 al mimics* 600 1,500 1,500 1,500 Psta & express charges 0 250 250 250 ntintadvertising & PR 0 250 250 Minting outside pried shops 0 500 500 500 Snit insurance Allocadon 0 15,120 15,120 16,032 TOTALS 100,036 169,751 169,849 173,280 : E 1 • =, 7-4 ftes - I flea 3 4 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT IIT /AVL TEtICAL SUPPORT -11714 EXPENDITURE BUDGET Account Description Actual* 2005/2006 Amended 2006/2007 Estimated 2006/2007 Proposed 2007/2008 arms and Wages 77,039 37,261 39,432 0 5,617 5,2171 9,192 7,062 9,956 0 O nt 17,532 ;,, surancs bePfAts 4,804 2,642 2,642 0 Inurancs Allocation 6,667 3,611 3,611 0 TOTALS 111,679 57,923 62,704 0 E' - 2fies Ea.�. = r, ° 7 -1 Res fes 4 5 1 1 1 1 CITY -----tiTillE OF CORPUS CHRISTI & PREVENTION DISTRICT CONTROL PUBLIC SAFETY VEHICLES -11717 EXPENDITURE BUDGET Account Description Actuais 200512006 Amended 200812007 Estimated 200612007 Proposed 2007/2000 ehi,* repairs 2,263 0 0 0 saw Computer Rental 2,472 0 0 0 & Machinery 0 341,390 301,445 106,390 Eg ipnient 824 2,263 15,548 35,000 TOTALS 5,559 343,653 316,993 141,390 - , , , , T reigisentent vahides - .. , - radios i AmTIAVLS .Mnt vehicles t 3 ropkitsemont vrfkNs by board action of mina on 03/17/2004 • vehicias raduoad -funds ,:,:.4.1, • on 1W08 for of 5 t vehicles /2008 -5 replaceunant vaidelas 5 6 CITY OF CORPUS CHRISTI CRS CONTROL & PREVENTION DISTRICT ELECTION COSTS -60001 EXPENDITURE BUDGET Aasount Description Actuals 200012006 Amended 200612007 Estimated 2006/2007 Proposed 2007/2000 Pralkossional services 0 120,000 120,000 0 TOTALS 0 120,000 120,000 0 1 6 7 -I-- I CITY OF CORPUS CHRISTI Rim CONTROL & PREVENTION DISTRICT JUVENILE ASIESSNIENT CENTER-49002 EXPENDITURE Mari Account Description Actual, 200512006 Amex led 2009/2007 Es1imated 200112007 Proposed 200712008 and Wages 199,440 204,740 192,583 196,363 2,040 2,100 1,365 1,500 rlI 400 0 27 500 t 38,807 44,890 41,944 44,096 p ranee bendlis 23,250 25,575 25,575 28,133 . _ - equipment 157 0 648 700 3,188 1,500 1,500 1,500 ketegince & repairs 0 100 254 275 • , *avian 264 400 400 16,400 • computer repeIrs 0 0 94 100 services 0 0 7,012 0 & express chews 3,138 2,700 2,700 2,700 32,711 45,056 45,000 43,000 rehnbureemerd 1,776 2,600 2,800 2,600 ..... --..4........ Wyk* 3,693 4,000 4,000 4,000 maint & !WNW* 125 750 750 750 IntGeneral 646 500 500 1,000 nlinitadvertlelng & PR 809 750 750 750 - - ntilueoutelde print shops 250 150 150 150 , 213 1,520 1,520 1,520 numrance Aftoc.t1.i 22,084 23851 23,851 26,236 TALS 323,060 36 ,782 353,223 374,273 i ES: E = 6 flu E = ' 4.6 ties E • .61k 7 H CHRISTI OF CORPUS CITY CRIME CON'TittX. & PREVENTION DISTRICT C*nzEtas ADVISORY COUNCIL-49005 EXPENDITURE BUDGET Account Description Actuals 200512006 Amended 2008/2007 Estimated 2005/2007 Proposed 2007/2008 --,- MI4Dr to & equipollent 2,503 0 328 MI r computer equipment 2,003 2,000 1,988 2,000 tentioce & repairs 0 4,000 2,000 4,000 Pr*ssIaI services 3,105 0 800 0 Lein C*nputsr Rental 0 0 1,374 1,374 Pr lilting Advertising & PR 2,495 4,000 4,480 4,000 Veirlicles & Machinery 0 10,000 9,000 0 TOTALS 10,105 20,000 19,969 11,374 ■__ ____ _ _ • 1 t ►— CITY OF CORPUS CHRISTI CRONE CONTROL & PREVENTION DISTRICT JUVENILE CITY MARSHALS -49010 EXPENDITURE BUDGET Account Dsscr* ton Actusls 200512006 Amended 200612007 Estimated 2006/2007 Proposed 2007/2008 and Wages 111,080 112,193 110,943 118,882 re 2,490 3,500 4,572 6,000 rPay 300 0 27 500 rent 23,640 25,036 25,745 27,872 • insurance benefits 3,183 3,501 3,301 3,851 If l ne a Allocation 8,359 9,028 9,028 9,930 � TOTALS 149,052 153,258 153,816 167,036 TES: 0106 -3 ftes 7-3 Res 07 fbes 9 10 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT SERVE FOR COW/MERIT PAY -80004 EXPENDITURE BUDGET Account Description Actusis 2005/2006 Amended 2006/2007 Esthnsind 2006/2007 Proposed 2007/2008 Reserve Appropriation 0 0 0 15,264 TOTALS 0 0 0 15,264 3% COLA Increase for *$ for dvlfsn employees 10 Corpus Christi Crime Control & Prevention District FY 0708 Budget Crime Control & Prevention District FY 0708 Budget • Continued focus on Core Programs — 50 Police Officers — Juvenile Assessment Center — Pawn Shop Detail • Continued focus on long term fiscal responsibility and control 2 1 Crime Control & Prevention District FY 0708 Budget • Assignment of 50 Police Officers — 8 Directed Patrol Officers — 10 Juvenile Enforcement Team (JET) Officers — 5 Bicycle Officers — 3 Moped Officers — 2 Traffic Safety Officers — 1 Narcotics Officer (with a drug dog) — 1 Campus Crime Stoppers Officer — 20 Patrol Officers (enhance patrol response) 3 Crime Control & Prevention District FY 0708 Budget • Total Expenditures $4,788,936 - Personnel costs - 3% increase - Group insurance - 10% increase - Self-insurance - 10% increase • Total Revenue $4,944,731 - 3.5% projected • All programs fully funded • Ending fund balance $2,244,725 4 2 Crime Control & Prevention District FY 0708 Budget Calendar April 18 — CCD public hearing & budget adoption June 12 - City Council public hearing June 19 — City Council approves or rejects CCD Budget 5 Corpus Christi Crime Control & Prevention District 3 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 12, 2007 AGEND# ITEM: a) Public hearing to consider a text amendment to Article 26 "Nonconforming Uses" of the Zoning Ordinance regarding Section 26 -9 Nonconforming Lots of Record to allow the tandem parking of vehicles on nonconforming Tots of record. b) Ordinance amending Chapter 59 "Zoning," Article 26 "Nonconforming Uses" of the Zoning Ordinance regarding Section 26 -9 Nonconforming Lots of Record of the Code of Ordinances, City of Corpus Christi. to allow the tandem parking of vehicles on nonconforming lots of record; providing for severance; providing a penalty clause; providing for publication. BACKGWOUND: On December 20, 2005 C ity Council approved an amendment to Section 26 -9 on the Zoning Ordinance allowing for development of single family dwellings on nonconforming lots of record. This amendment is intended to promote infill development on such lots that have remained vacant due to their nonconforming status. The narrow width of nonconforming lots of record and the increased costs of construction have made it difficult to build affordable homes on these Tots. Single family homes are required to have two onsite parting spaces with unimpeded access to the public right -of -way. The tandem parking of vehicles allows only one vehicle to have direct access to the right -of -way while allowing for stacking of another vehicle. The method of tandem parking is not allowed for new development in the zoning ordinance. The required double wide driveway would result in a paved majority of the front yard of these lots ranging in width from 25 to 45 feet. Tandem parking would provide for more front yard land area and assist in reducing construction costs in building affordable housing. The proposed text amendment provides for tandem parking for small nonconforming lots of record. Such amendment reduces paved surfaces in the front yard and assists in reducing construction cost of housing in order to qualify more individuals for the affordable housing programs that purchase these lots. PK/POSED ZONING ORDINANCE TEXT AMENDMENT: Sens 26.9 Nonconformism Tots of record. (2) Regulations for single - family use of nonconforming lots. A nonconforming lot authorized to be used pursuant to this section may be used for single- family dwellings and permitted accessory uses thereto. Construction of such single - family dwellings shall comply with all the regulations (except lot area, width, and parking) applicable to single- family dwellings in the zoning district in which such lot is located, except that the following requirements shall apply in place of the requirements otherwise applicable: Lonink. rdinanx:e i exi Amenument Non,..:onforming Lots of Record Page (a) The dwellings shall be placed on the Tots as to provide a yard on each side of the dwelling; (b) The sum of the widths of the two side yards on such lots shall not be less than the smaller of: Twenty -five percent of the width of the lot; or '_ The minimum total for both side yards prescribed by the bulk regulations of said zoning district; and (c) No side yard shall be less than three feet. (d) The single family dwelling and permitted accessory structure shall be no more than two (2) stories or twenty -six (26) feet in height. (e) Minimum fifteen (15) foot front yard setback (f) Tandem parlgne of vehicles will be allowed on site. PINNING COMMISSION AND STAFF'S RECOMMENDATION: Approval of the text amendment to Article 26 "Nonconforming Uses" of the Zoning Ordinance reording Section 26 -9 Nonconforming Lots of Record to allow the tandem parking of vehicles on nonconforming lots of record. RUEED CITY COUNCIL ACTION: App-oval of the text amendment to Article 26 "Nonconforming Uses ". DWFGM/sm Attachments: Planning Commission Minutes Sincerely, Debbie Marroquin, PE Interim Director of Development Services SrCP /CP Planning Director f r -GtP lel H..PLtti- DIR\SHARED`C IL'\WORD \TextAmendmentSmall Lot Text Amend May 071Nonconforming Lots of Record Agenda Memo rev .doc MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — May 30, 2007 5:30 P.M. COMMISSIONERS PRESENT: Chairman Bryan Stone Rudy Garza. Vice Chairman Fred Braselton Atilano J. Huerta *Arrived at 5:45pm Evon J. Kelly *Arrived at 5:50pm Johnny R Martinez Michael Pusley James Skrobarczyk John C Tamez STAFF: Johnny Perales, PE, Interim Director of Development Services/ Special Services Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Senior City Planner Shannon Murphy, City Planner, AICP Mic Raasch, City Planner Wendy Ogden, Assistant City Attorney Beverly Lang- Priestley, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espafiol a Inglis en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:30 p.m. VI. PUBLIC HEARING — TANDEM PARKING OF VEHICLES TEXT AMENDMENT Ms. Goode -Macon presented the amendment, stating that on December 20, 2005, City Council approved an amendment to Section 26 -9 on the Zoning Ordinance allowing for development of single family dwellings on nonconforming lots of record to promote infill development on such lots that have remained vacant due to their nonconforming status. The narrow width of non- conforming lots of record and the increased costs of construction have made it difficult to build affordable homes on these types of lots. Ms. Goode -Macon stated that single family homes are required to have two onsite parking spaces with unimpeded access to the public right -of -way, and that the proposed text amendment will provide for tandem parking for small non - conforming lots of record. Tandem parking of vehicles allows one vehicle to have direct access to the right -of -way and allows for stacking of another vehicle. Ms. Goode -Macon stated that such amendment reduces paved surfaces in the front yard and assists in reducing construction costs of housing m order to provide affordable housing for individuals that qualify for the housing programs that purchase these lots. Motion was made by Commissioner Martinez to approve staff recommendation and was seconded by Commissioner Tamez. Motion passed unanimously. isAPLN— DIR \SHA RED \GA L'WORD'T= XTAMENDMENT'SMALL LOT TEXT AMEND MAY 07105-30 — )'MINUTES DOC Page 1 of 4 AN ORDINANCE AMENDING CHAPTER 59 "ZONING," ARTICLE 26 "NONCONFORMING USES," SECTION 26.9 "NONCONFORMING LOTS OF RECORD" OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO ALLOW TANDEM PARKING ON NONCONFORMING LOTS OF RECORD; PROVIDING FOR SEVERANCE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY V*IEREAS, with proper notice to the public, public hearings were held on Wednesday, Ivkly 30, 2007, during a meeting of the Planning Commission, and on Tuesday, June 12, 2007, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the proposed text amendment to the City of Corpus Christi Zoning Ordinance: and WHEREAS, the City Council has determined that this ordinance 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. Chapter 59 "Zoning," Article 26 "Nonconforming Uses," Section 26 -9 "Nonconforming lots of record" of the Code of Ordinances is amended to read as folliows: "Sec. 26 -9 Nonconforming lots of record. (2) Regulations for single - family use of non - conforming lots. A non- conforming lot authorized to be used pursuant to this section may be used for single - family dwellings and permitted accessory uses thereto. Construction of such single - family dwellings shall comply with all the regulations (except lot area, width, parking, and depth) applicable to single family dwellings in the zoning district in which such lot is located, except that the following requirements shall apply in place of the requirements otherwise applicable: (a) The dwellings shall be placed on the lots as to provide a yard on each side of the dwelling; H:tEG -DIR\ Shared \GaryS\agenda12 00 716- 1 21Ord- Tandem parking,doc Page 2 of 4 (b) The sum of the widths of the two side yards on such Tots shall not be Tess then the smaller of: 1 Twenty -five percent of the width of the lot; or 2. The minimum total for both side yards prescribed by the bulk regulations of said zoning district; aad (c) No side yard shall be less than three feet.. -. (d) The single family dwelling and permitted accessory structure shall be no more than two (2) stories or twenty -six (26) feet in height -� (e) Minimum fifteen (15) front yard setback.; and (f) Tandem parking of vehicles will be allowed on site. STIC1 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 jugment 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. SICTION 3. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 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. That upon written request of the Mayor or five Council members, copy atched, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 12th day of June. 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett CIty Secretary Mayor, City of Corpus Christi ri LEG -DIR\ ,Shared \GaryS\agenda12007\6 -12 \Ord- Tandem parking.doc APPROVED: June 6, 2007 mith Assistant City Attorney For City Attorney H \ ; EG- DIRIShared \GarySlagenda1200716- 121Ord- Tandem parking.doc Page 3 of 4 Page 4 of 4 Corpus Christi. Texas day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exits requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. 1/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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Lary Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez NeSla Martinez Michael McCutchon H:\ LA- DIRred\GaryS\agenda12007\6 -12 \Ord- Tandem parking.doc 14 AGENDA MEMORANDUM PUILIC HEARLNG — ZONING "City Council Action Date: June 12. 2007) Case No. 07 -01 Extrem Homes of Texas L.L.C.: A change of zoning from a "R -1B" One - family Dwelling District to a "B -1" Neighborhood Business District on property described as 1.93 acres out of 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County, Texas Deed Records, located on the south side of Up River Road approximately 350 feet from the intersection of McKinzie Road. Pla 11ne commission & Staffs Recommendation (May 2, 2007): Approval of the -B-1" Neighborhood Business District. Retpeste4 Council Action: Approval of the "B -1' Neighborhood Business District. Sumeary: • Applicant is requesting a change of zoning to "B -1'' Neighborhood Business District on 1.93 acres with adjacency to Up River Road. The property was annexed into the City during the 1960s and zoned with the "R -1 B'' One - Family Dwelling District designation. At the time of annexation, the "R-1B" District was assigned to annexed property as a method to control high density development until owners of such properties are prepared to submit a change of zoning that will accommodate their land development plans. Such proposed development plans are reviewed with staff as to ompatible land use adjacency. the comprehensive plan recommendation, future road construction and available infrastructure. • Fite applicant is proposing professional offices and other neighborhood business uses allowed within the "B -1" Neighborhood Business District. The proposed building will be approximately 19,000 square feet with 75 parking spaces • In addition, the applicant is also requesting a zoning change for property to the east that is currently -R-1B- One Family Dwelling District and proposed as '`AB" Professional Office (Zoning Case 0507 - 02.) The applicant has indicated that an additional 19,000 square foot building is proposed for this site. The applicant is also rezoning the property to the south, Zoning Case 0507 -10, from a "R -1B" One- Family Dwelling District to "R -1( One Family Dwelling District. The attached preliminary plat identifies the location of these zone change requests. • Aiong McKinzie Road and IH -3` Access Road west and northwest of the subject property is 1B-4" General Business District property that provides far higher density business development. North and south of the subject property is vacant land zoned "R- I B" One - Family Dwelling District that primarily provides for single - family development • Access for the subject property is provided from Lip River Road, a collector that connects directly to McKenzie Road. an arterial roadway. • This proposed '`B -1" Neighborhood Business District between the higher intensity "B -4" General Business District and the lower intensity proposed "AB" Professional Office District will create a gradual reduction of intensity of uses away from the McKinzie Road / Up River Rd intersection. Agenda Memorandum aseNo 0507 -0I (Extreme Homes of !,LC. , Page 2 Not cation: Of the seven (7) notices mailed to the surrounding property owners, one (1) was returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is not considered controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. 4304,41_ Deborah A. Marroquin, P.E. Interim Director of Development Services FGMJbip Att4hmei$: Zoning Report �) Planning Commission Minutes (5'02/07) 3) Ordinance 0` PL'N-DtRSHARED? Beverly \200? CCwlay'0" \0507 -01 AGENDAMEMO doc Project Manager ✓ PIM or _ Planning ing Director Case No.: 0507 -01 City Cou CITY COUNCIL ZONING REPORT Hearing Date: June 12, 2007 c Applicant: Extreme Homes of Texas, LLC a� a Owner: Extreme Homes of Texas, LLC es s's"' Agent: Robert Viera Legal Description/Location: 1.93 acres out of 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County, Texas Deed Records located on the south side of Up River Road approximately 350 feet from the intersection of McKinzie Road. From: -R-113- One - Family Dwelling District To: B -1 " Neighborhood Business District Area: 1.93 acres Purpose of Request: Convert a portion of the property fronting Up River Road from "R -1B" One- Family Dwelling District to "B -1" Neighborhood Business District for professional offices or other businesses uses allowed in the "B -1" District. Zoning Request Zoning Site -R-1B" One - Family Dwelling District North "R -IB" One - Family Dwelling Vacant District .South "R -1 B" One - Family Dwelling Vacant District *Zoning Case 0507 -10* (C.C. date pending) East -R-1B" One - Family Dwelling District *Zoning Case 0507 -02* C.C. 6- 12 -07) West _B -4" General Business District Existing Land Use Vacant Vacant Future Land Use Low Density Residential Commercial { First National Bank Low Density Residential Low Density Residential Commercial Area Development Plan. Future Land Use Plan recommends low density residential. A modification to the land use map to neighborhood business is acceptable due to the property adjacency to a collector street and proximity, to an arterial. Zoning Violations: None Loning Report Case No. 0507 -01 ( Extreme Homes of texas. L1_C) Page Applicant is requesting a change of zoning to "B -1" Neighborhood Business District on 1.93 acres with adjacency to Up River Road. The property was annexed into the City during the 1 960s and zoned with the "R-1B" One - Family Dwelling District designation. At the time of annexation. the "R -1 B" District was assigned to annexed property as a method to control high density. development until owners of such properties are prepared to submit a change of zoning that will accommodate their land development plans. Such proposed development plans are reviewed with staff as to compatible land use adjacency, the comprehensive plan recommendation. future road construction and available infrastructure. • The applicant is proposing professional offices and other neighborhood business uses allowed within the 13-1" Neighborhood Business District. The proposed building will be approximately 19.000 square feet with 75 parking spaces. • In addition. the applicant is also requesting a zoning change for property to the east that is currently "R-1B" One Family Dwelling District and proposed as "AB" Professional Office (Zoning Case 0507 -02.) The applicant has indicated that an additional 19,000 square foot building is proposed for this site. The applicant is also rezoning the property to the south, Zoning Case 0507 -10 from a '`R -1B" One - Family Dwelling District to "R -1C" One Family Dwelling District. The attached preliminary plat identifies the location of these zone change requests. • Along McKenzie Road and IH -37 Access Road west and northwest of the subject property is "B -4" General Business District property that provides far higher density business development. North and south of the subject property is vacant land zoned "R -1B" One - Family Dwelling District that primarily provides for single - family development. • Access for the subject property is provided from Up River Road, a collector that connects directly to McKenzie Road. an arterial roadway. • This proposed "B -1' Neighborhood Business District between the higher intensity "B -4" General Business District and the lower intensity proposed "AB" Professional Office District will create a gradual reduction of intensity of uses away from the McKinzie Road / Up River Rd intersection. Street • ® Up River Road • dC McKinzie Road Type Collector Arterial Paved Section Volume (2001) 60 foot right of way 1,360 95 foot right of way 14,060 ar The subject property is not platted. Zoning Report Case No OS07 -01 (Extreme Homes of T:: +xas. I.LC) Page 3 Department Comments Applicant is rezoning the adjacent lot, Zoning Case 0507 -02 from a "R -1B" One - Family Dwelling District to an `"AB" Professional Office District. Applicant is also rezoning the property to the south, Zoning Case 0507 -10 from a "R-1B- One - Family Dwelling District to "R -1C"" One - Family Dwelling District. The City Council date is pending on this case. The preliminary subdivision plat for this property was approved by Planning Commission on 5 ;2/0'. The Preliminary Plat of Maple Hills Subdivision Unit 5, Tract "1 -B" and "1 -C" consists of 30.34 acres of the 35.75 acres. Access to the proposed subdivision is from Up River Road. Approval of"B -1 " Neighborhood Business District. 1 .«.• oc .o et E •� Approval of '`B- I " Neighborhood Business District. C E U Ce Number of Tracts /Lots within 200' — 9 Number of Notices /Owners Mailed — 7 Favor 1 E Opposition 0 E (As of May 29, 2007) G.r .Vole: A difference between the number of tracts and number of notices is due to individual property ovmers owning more than one tract. Attaclunents: Zoning Map Comments received from Public Notices mailed Ownership Map Ownership List Preliminary Plat and Proposed Zone Changes H: PL:N- DIR \ \SHARED,Beverl 2007 PC ZONRPTS "" May \0507 -01 Extreme Homes1.doc cKINZB 4 ASSESSORS MAP 138 -A CITY LIMIT LINE ASSESS SUBJECT PARCEL ASSESSORS AP 138 -A R ASSESSO MAP 138 aprz 111111o. NOTICE 0 125 250 Feet CASE At 0507 -01 ZONING A.1 A -1 A A-2 AB AT B-1 B-1 A B-2 B-2A B-3 8.4 B•5 B-6 BD F-R Apartment Mouse District Apartment Souse Orstnct Apartment abuse Distrait Profess' Office District Apartme nst District Negtibo BusneetrOistnct Business- District Bayfront ess DebiCt Barrier Isi Business District Business aliprict General Btrtess District Primary Buress Distat Primary Bt Less Care District Corpus Chiba Beach Detain Dist Farm Rurat.Cistnct Histoncal- (.Mural Landmark Preservatictr HKZ19API i7 PUD R -1A R -18 R_1C R -2 RA RE R -TH SP T.1 A r -18 T -1 C Limited Indusnai Detnc- Ught 'nduslnal District Heavy Industrial District Planned Unit Development One Family Dwelling District One Family Dwelling District One Family Dwelling District Multiple Dwelling District One Family Dwelling District ResiderWal Estate Distract rownhglse Dwelling District Spec Permit Travel Trailer Park District Manufadtrred Home Park District Manufactured !come Subdivision Distnct G' Wec,ti SUBJECT PARCEL • s ) K T > T c n z III 1JVY JGUMMIMG P T HI LO ti _ LOTS 1 THRU 27, BLOCK 1; LOTS 1 THRU 31, BLOCK 2; LOTS 1 �' R 11`' "4 TNRI 19, BLOCK 3; LOTS . THRU 32, BLOCK 4; LOTS ' THRU 20. +a. • s1Rlsp/R41_ TR4NSRGRT4nw • SuPv.NG • Bt 7K 5 OTS 1 THRU 8 BLOCK 6 LOTS 1 THRU 16, BLOCK 7 MANNE • CONSTRUCTION M* 4GEMEN, -. rs■13i11900k sun, Ja, OWNS 1. tv MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — May 2, 2007 5:30 P.M. COMMISSIONERS PRESENT: R. Bryan Stone, Chairman Rudy Garza. Vice Chairman Fred Braselton Evon J. Kelly Johnny R. Martinez Michael Pusley John C. Tamez COMMISSIONERS ABSENT: \tilano J Huerta STAFF: Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Johnny Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Miguel S. Saldafia, AICP, Senior City Planner Mic Raasch, AICP, City Planner Dan McGinn, Project Manager Chip Baish, Project Manager Gary Smith, Assistant City Attorney Wendy Ogden, Assistant City Attorney Beverly Lang- Priestley, Recording Secretary Lilly Muniz- Rivera, Recording Secretary CALL TO ORDER — 5:30 p.m. A quorum was declared and the meeting was called to order at 5:30 p.m. ZONLNG 2. New Zoning a. Case No 0507 -01 Extreme Homes of Texas, LLC - A change of zoning from a '`R- I B" One- family Dwelling District to a "B -1" Neighborhood Business District 1.93 acres out of 35.75 acre tract recorded by deed in Volume 1450, Page 535. Nueces County, Texas Deed Records, located on the south side of Up River Road approximately 350 feet east of the intersection of McKinz e Road, Mic Raasch presented a Power Point presentation reviewing the above case requesting a change of zoning from a "R -1B" One- family Dwelling District to a `B -1" Neighborhood District on 1.93 acres with adjacency to Up River Road. Mr. Raasch stated the applicant is proposing professional offices or other business uses allowed within the -B-1" District. Mr. Raasch noted that to the west and northwest of the subject property is "B -4" District property along McKenzie Road and IH 37 Access Road. North and south of the subject property is vacant land zoned "R -1B''. Access for the subject property is provided from Up River Road, a Planning CommisSi m Minutes Ma. 2. 2007 Page 2 collector that connects directly to McKenzie Road, an arterial roadway. The Future Land Use Plan recommends low density residential. A modification to the land use map to neighborhood business is acceptable due to the property adjacency to a collector street and proximity to an aitterial. Mr Raasch stated that of seven (7) public notices mailed. zero (0) were returned in favor and zero (0) were returned in opposition, Staff recommends approval. In response to Commissioner Pusley, Mr. Raasch stated a large mixed -use subdivision plat on this property was approved by the Planning Commission earlier tonight. The plat is the Preliminary Plat of Maple Hills Subdivision Unit 5, Tract "1 -B" and "1 -C" and the remaining portion proposed for a large single family residential subdivision. Public hearing was opened. No one was present in favor or in opposition. Public hearing was closed. Motion recommending approval of staff recommendation was made by Commissioner Pgsley and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Huerta being absent. COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No. 0507 -01 Extreme Homes LLC Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Seven (7) I. Notices returned from within the 200 -foot notification area: Favor 1 #4, 6, & 8 William E. McKinzie, Jr., 10118 Up River Road (No comments) Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 1 Dr. Cornelio Gonzalez, Supt, Tuloso- Midway ISD "Keep professional and family- oriented business in the area near primary school." Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 N PLN- DIR'SHARED \Beverly\2007 PC ,PUBLIC COMMENTS\0507 -0Ldoc NOTICE 0 125 250 Feet CASE # 0507 -01 rthl OWNERSHIP Subject Property Owners within 200 feet listed on attached ownership table Owners in favor X Owners in opposition HK7 19AP1007 L �u» of Aviv; OWNERSHIP LiSl- NUECES COUNT a': 222EA:22 i, =8888E8G |,. I � ^ =!!!4■!; 2 2! (1 kkkkkk %.k ff00000000 0 §f 0 20 kK§kkkkk use- 0507 -0 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY EXTREME HOMES OF TEXAS, L.L.C., BY CHANGING THE ZONING MAP IN REFERENCE TO 1.93 ACRES OUT OF 35.75 ACRE TRACT RECORDED BY DEED IN VOLUME 1450, PAGE 535, NUECES COUNTY, TEXAS DEED RECORDS, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and reccanmendations concerning the application of Extreme Homes of Texas, LLC, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 2, 2007, during a meeting of the Planning Commission, and on Tuesday, June 12, 2007, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve pubic heetth, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 1.93 acres out of 35.75 acre tract recorded by deed in Volume 1450. Page 535, Nueces County, Texas Deed Records, located on the south side of Up River Road approximately 350 feet from the intersection of McKinzie Road from "R -1 B" One - family Dwelling District to "8-1" Neighborhood Business District. (Zoning Maps 060049 and 061049) (Exhibit) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, excpt as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 12th day of June, 2007. ATTEST: CITY OF CORPUS CHRISTI Arrrando Chapa Henry Garrett Mayor, City of Corpus Christi City Secretary APPRO11 D: June 6. 2007 nl& G . ith Assistant City Attorney For City Attorney H:1 LEG- DIR \Sshared \GaryS1agenda1200716 -12 \Ord- 0507 -01 Extreme Homes REG.doc Page 3 of 3 Corpus Christi, Texas day of , 2007 TO THE IVEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emeency 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill IeIIy Prisdlla G. Leal John E. Marez Nelda Martinez Michel McCutchon H:\ LEG- DIR \Sh ed \GaryS\agenda1200716- 12\Ord- 0507 -01 Extreme Homes REG.doc tJA 83,875 SQ. FT. 1.93 ACRES 8 -1 "NEIGHBORHOOD BUSINESS DISTRICT" `T I— [JOB NO: 070015 r CITY of CORPUS _- CHRISTI OEPAR1 MI- N7 o' ENGINEERING SERVICES , NV EN ?$ ENG :. CITY OF CORPUS CHRISTI UP RIVER ROAD SUBDIVISION COMMERCIAL LOT 1A ((0--1 —b' engineers • consultants CMI,;;,� i M� . , 001,unGGALolI. SWE 700 COMUS 0410. * 1E03$ PM. I411061,1NIA FAY bill 60-11841 WWWANViC.COM 15 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: June 12, 2007) Cam No. 7 -02 Extreme Homes of Texas L.L.C.: A change of zoning from a "R-1B" One - family Dwelling District to an "AB" Professional Office District on property described as 1.91 acres out of 35.75 acre tract recorded by deed in Volume 1450, Page 535. Nueces County, Texas Deed Records located on the south side of L p River Road approximately 750 feet from the intersection of McKinzie Road. Pliwine Commission & SOaff s Recommendation (May 2, 2007): Approval of the "AB" Professional Ofi a District. Remiested Council Action: Approval of the "AB"' Professional Office District. Summary: • Applicant is requesting a change of zoning to an "AB'" Professional Office District on 1.91 acres with adjacency to Up River Road. The property was annexed into the City during the 1960's and zoned with the "R-1B" District designation At the time of annexation, the "R-1B" District is typically assigned to annexed property as a method to control high density development until owners of such properties are prepared to submit a change of zoning that will accommodate their land development plans. Such proposed development plans are reviewed with staff as to compatible land use adjacency, the comprehensive plan recommendation, future road construction and available infrastructure. • The applicant is proposing professional offices within the "AB" District. The proposed building on this property will be approximately 19,000 square feet with 75 parking spaces (the property to the west is an "R-1B- District proposed as a "B-1-Neighborhood Business District, Zoning Case 0507- 01 • In addition, the applicant is also rezoning the property to the west is an "R -1B" District proposed as a "B -? "Neighborhood Business District (Zoning Case 0507 -01.) The applicant has indicated that an additional 19,000 square foot building is proposed for this site. The applicant is also requesting a zone change on the property. to the south. Zoning Case 0507 -10, from a "R -1B" One - Family Dwelling District to a "R -1C " One- Family Dwelling District. The attached preliminary plat identifies the location of these zone change requests • Along McKinzie Road and IH -3 7 Access Road west and northwest of the subject property is "B -4" General Business District property that provides far higher density business development. North, south. and east of the subject is land zoned in the '`R -1 B "One- Family Dwelling District. • Access for the subject property is provided from Up River Road, a collector that connects directly to McKenzie Road an arterial roadway. • The proposed '"AB" Professiona Office District does not allow retail sales or restaurant uses and is considered a district compatible with the abutting Maple Hills Primary School. Agenda Memorandum ease No 0507 -02 (Extreme Homes of l exas (.LCi Pane 2 Nogcatioii: Of the five 5) notices mailed to the surrounding property owners, two (2) were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is not considered controversial. State law 20% rule is invoked when property owners who own 20% of the land within the SO0 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Deborah A. Marroquin, P.E. Interim Director of Development Services MG/FGM/blp Attiune>: 1) Zoning Report 2) Planning Commission Minutes (5/02/07) Ordinance H PLN -DIR, SHARED 'Beceriy'2(scCC'May'0-'050? -+l' \GENDAMEMO.doc Project Manager PIM or SrC.P /CP Planning Director /e5 CITY COUNCIL ZONING REPORT Case No.: 0507 -02 City Council Hearing Date: June 12, 2007 Applicant Extreme Homes of 7 exas, LLC Owner: Extreme Homes of Texas, LLC nt: Robert Viera Legal Description/Location: 1.91 acres out of 35.75 acre tract recorded by deed in Volume 1.150, Page 535, Nueces County. Texas Deed Records located on the south side of Up River Road approximately 750 feet from the intersection of McKinzie Road. Zoning Request From: -R-113" One - Family Dwelling District To: "AB" Professional Office District Area: 1.91 acres Purpose of Request: Convert a portion of the property fronting Up River Road from "R -1B" One - Family Dwelling District to an "AB" Professional Office District for professional offices uses. Existing Zoning and Land Uses Zoning Site -R-1B" One - Family Dwelling District North R -1 B" One - Family Dwelling District Existing Land Use Vacant Future Land Use Low Density Residential South "R -1 B" One -Fami lv Dwelling District *Zoning Case 0507 - I O* (C.C. date pending) East '`R -1B" One - Family Dwelling District West -R-113- One - Family Dwelling District *Zoning Case 0507-01* 1 IC.C. 6- 12 -07) Vacant Vacant Commercial Elementary School Low Density Residential Elementary School — Private/Semi-Private Vacant Low Density Residential Area Development Plan Future Land Use Plan recommends low density residential. A modification to the land use map to Professional Office is acceptable due to the property adjacency to a collector street and proximity to an arterial. Zoning Violations: None Zoning Report Case No 0507 -02 (Extreme Homes of TL °xas, I.LC) Pace 2 Applicant is requesting a change of zoning to an "AB" Professional Office District on 1.91 acres with adjacency to Up River Road. The property was annexed into the City during the 1960's and zoned with the "R -1B" District designation. At the time of annexation, the "R- I B" District is typically assigned to annexed property as a method to control high density development until owners of such properties are prepared to submit a change of zoning that will accommodate their land development plans. Such proposed development plans are reviewed with staff as to compatible land use adjacency, the comprehensive plan recommendation. future road construction and available infrastructure. • The applicant is proposing professional offices within the "AB" District. The proposed building on this property will be approximately 19,000 square feet with 75 parking spaces (the property to the west is an "R -1 B" District proposed as a "B -1 "Neighborhood Business District. Zoning Case 0507-01.) In addition, the applicant is also rezoning the property to the west is an "R -1B" District proposed as a "B-1-Neighborhood Business District (Zoning Case 0507 -01.) The applicant has indicated that an additional 19,000 square foot building is proposed for this site. The applicant is also requesting a zone change on the property to the south, Zoning Case 0507 -10, from a "R -113" One - Family Dwelling District to a "R -1C" One - Family Dwelling District. The attached preliminary plat identifies the location of these zone change requests. Along McKinzie Road and IH -37 Access Road west and northwest of the subject property is "B -a' General Business District property that provides far higher density business development North. south, and east of the subject is land zoned in the "R -1 B "One- Family Dwelling District. Access for the subject property is provided from Up River Road, a collector that connects directly to McKenzie Road an arterial roadway. The proposed "AB" Professional Office District does not allow retail sales or restaurant uses and is considered a district compatible with the abutting Maple Hills Primary School. as Street Up River Road McKinzie Road Type Paved Section Collector 60 foot right of way Volume (2001) 1,360 Arterial 95 foot right of way 14,060 The subject property is not platted. Zoning Report Case No 0507 -02 (Extreme Homes of [ xas, l.i_C) Page 3 Department Comments Applicant is rezoning the adjacent lot, Zoning Case 0507 -01 from a "R -1B" One - Family Dwelling District to "B-1- Neighborhood Business District. Applicant is also rezoning the property to the south, Zoning Case 0507 -10 from a "R -1 B" One - Family Dwelling District to "R-1C- One - Family Dwelling District. The City Council date is pending on this case. There is an etementarx school located directly east of the subject property. The preliminary subdivision plat for this property was approved by Planning Commission on 5•2/07 The Preliminary Plat of Maple Hills Subdivision Unit 5, Tract "1 -B" and "1 -C" consists of 30.34 acres of the 35.75 acres. Access to the proposed subdivision is from Up River Road Approval of the "AB" Professional Office District. aa.o • C I r , •s Approval of the "AB- Protessional Office District. E`'EI u, 0.� E E J Number of Tracts /Lots within 200' — 9 ,, Number of Notices/Owners Mailed — 5 Favor 2 Opposition - 0 (As of May 29. 2007) vase: A difference between the number of tracts and number of notices is due to individual property owners owning more than one tract. Attachments: Zoning Map Comments received from Public Notices mailed Ownership Map Ownership List Preliminary Plat and Proposed Zone Changes H_y PLN- DIR\SHARE.D\Beverlx',,2007 PC Z_ONRPTS \May\CC Reports\0507-02 Extreme Homes2.doc NOTICE 0 125 250 1■=1 Feet CASE # 0507-02 ZONING A-1 Apartment Nouse Distnct A-1A ApartmentelOuse District A-2 ApartmentHouse District 68 Office District AT ApatmenIounst °Mott Neighbor!** ButuriesdOileinct 8-1A NeighboZBusinetlitraiatict 8-2 Bayfront ess District 8.26 Blamer 1st* Business Dielnct 8.3 Business tiltrict 9-4 General Bigness DOW- 9.5 Primary %Illness Outlet 8.6 Primary Shainess Core District BD Corpus Oh* Beach Design Dist P-R Pam Rualtoistntt -IC Htstoncal-aultural Lank Pi-nen/attar HKY19AP407 PLID R-1A R-18 R- IC R-2 RA RE R-TH SP ' -1B - c 'em Limited Industrial Distnct Light Industrial Disbici Heavy Industrial Distnct Planned Unit Devaleernefli One .aril y Dwelling District One Paddy Dwelling District One aner DwellIng Dial° Muitipie °wetting District One Ramey Dwelling District Residential Estate Distnct Tonne Dwelling District Special Permit Travel nailer Park Distnct Manufactured Home Park Distract Manufaclunid Home SubdivIsior Distnct ,;:asIc2 / j --$1E •iiU'.Ii PPP MUM 4 SVHd NOi1DfN1SNO z • ft Ltliii., PRELIMINARY PLAT Or MAPLE HILLS SUBDIVISION UNR 5 IIIMIERNIG 1; _OTS , THRU 27, BLOCK 1, LOTS 1 THRU 31, BLOCK 2, LOTS 1 amw . WIWI, (;11)ASMI'.."-,.A17t , THIPL, 19. BLOCK 3. LOTS ' THRU 32 BLOCK 4, LOTS 1 THRU 20, =AA • SMACTLAA. • TR4N$ARATARRA 1 SPAI.TANG • , 81, DCK 1 OTS. , THRL 8 BLOCK 6. LOTS I THRU 16 BLOCK 7 rz *NM • ctamucrroN WANGEMEN7 xn roarson, sum xc ...us mow 77. MI& . . r. -FL-- RA ■-• .,. .,Rf 1,A ,JC - P. f11.1•Vos. !A. ■±6 , ...es m.o.. cox , IV. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — May 2, 2007 5:30 P.M. COMMISSIONERS PRESENT: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman Fred Braselton Ex on J. Kelly lohnny R. Martinez Michael Pusley iohn C. Tamez COMMISSIONERS ABSENT: Atilano J. Huerta STAFF: Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Johnny Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Miguel S. Saldana, AICP, Senior City Planner Mic Raasch, AICP, City Planner Dan McGinn, Project Manager Chip Baish, Project Manager Gary Smith, Assistant City Attorney Wendy Ogden, Assistant City Attorney Beverly Lang- Priestley, Recording Secretary Lilly Muniz- Rivera, Recording Secretary CALL TO ORDER — 5:30 p.m. A quorum was declared and the meeting was called to order at 5:30 p.m. ZONING Case No. 0507 -02 Extreme Homes of Texas, LLC - A change of zoning from a R -1 B" One- family Dwelling District to an "AB" Professional Office District 1.91 acres out of 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County. Texas Deed Records, located on the south ide of Up River Road approximately 750 feet east of the intersection of McKinzie Road. Mic Raasch presented a Power Point presentation reviewing the above case requesting a change of zoning from a "R-1B- One- family Dwelling District to an "AB" Professional Office District on 1.91 acres out of a 35.75 acre tract located on the south side of Up River Road approximately 750 feet east of the intersection of McKinzie Road. Mr. Raasch stated the applicant is proposing professional offices within the "AB" District. Mr Raasch stated that the property to the north, south, and east of the subject property is land roved in the "R-1B" District and to the west is the prior zoning case which proposed a "B -1" District. Planning Con ks4)n \tinw es eta:. 2. 2007 Page 2 An elementary school as located directly east of the subject property. Farther to the west at Up River Road and McKenzie Road is a B -4 District zoning. Access for the subject property is provided from Up River Road, a collector that connects directly to McKenzie Road, an arterial roadway. The Future Land Use Plan recommends low density residential. Of the five notices mailed to surrounding property owners, one (1) was returned in favor and zero (0) were returned in opposition Staff recommends approval. In response to Chairman Stone. Mr. Raasch stated that only offices or multi - family residences are allowed in the Professional Office District. The other tract would be used for offices or commercial uses allowed within the "B -1" Neighborhood Business District. Ms. Goode -Macon pointed out that the property goes further south and remains zoned "R-1B". In response to Commissioner Pusley's inquiry as to the actual current zoning, Mr. Saldana stated that the plat is preliminary and shows the general layout. When the applicant comes in for a final plat. if it does not comply with the underlying zoning then they have to request rezoning at that time. Mr. Saldafia stated that the Planning Commission cannot approve a final plat that does not comply with the zoning regulations. Therefore, even if the preliminary plat shows 5,200 square foot lots, when the final plat comes in those lots cannot be approved unless the property has been rezoned to "R -1C ". Commissioner Pusley stated he wants to ensure the applicant is aware they will have to rezone the property from "R-113" to "R-1C' Public hearing was opened. No one was present in favor or in opposition. Public hearing was closed. Commissioner Pusley commended the applicant for working with the school district in developing this area and encouraged continued communication. Motion recommending approval of staff recommendation was made by Commissioner Pusley and seconded by Vice- Chairman Garza. Motion passed unanimously with Commissioner 1-uerta being absent COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No. 0507 -02 Extreme Homes LLC Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Five (5) [. Notices returned from within the 200 -foot notification area: Favor: #3, 7 William E. McKinzie, Jr., 10118 Up River Road (No comments) #6 Dr. Cornelio Gonzalez, Supt. Tuloso Midway ISD "We are in favor of professional office buildings that maintain aspect of area." Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 1II. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 H yPLN -DIRv SHARED \Beverly\200^ P( +PUBLIC COMMENTS \0507- 02.doc UNIT 7 B -4 B McKl ZIE B -4 ASSESSORS MAP 138 -A /05 -05 a 1 Clay LIMIT LINE MAPLE MILLS ASSESSORS AP 138 -4 ASSESSO S MAP 138 NOTICE 0 125 250 Feet CASE # 0507 -02 vzz OWNERSHIP Subject Property Owners within 200 feet listed on attached ownership table Owners in favor X Owners in opposition HK! 19APNi7 "orinu ChriSti Bar Cu, M Mr77cc SUBJECT PARCEL gK888 H8 Additional Notification Outside of Area |mB§ � §§ •t -o >iV irM ,!,_- m. k 0000 000000 II§§ k / //§ 141 0k //k Eit, I tJ ƒ |K§(|k||j� Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY EXTREME HOMES OF TEXAS, L.L.C., BY CHANGING THE ZONING MAP IN REFERENCE TO 1.91 ACRES OUT OF 35.75 ACRE TRACT RECORDED BY DEED IN VOLUME 1450, PAGE 535, NUECES COUNTY, TEXAS DEED RECORDS, FROM "R-1B" ONE - FAMILY D1IYELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Extreme Homes of Texas, L.L.C., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 2, 2007, during a meeting of the Planning Commission, and on Tuesday, June 12, 2007. during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve pubic health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 1.91 acres out of 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County, Texas Deed Records, located on the south side of Up River Road approximately 750 feet from the intersection of McKinzie Road from "R-1B" One - family Dwelling District to "AB" Professional Office District. (Zoning Map 060049) (Exhibit) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texts, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H: \LEG- DIR1Shared \GaryS \agenda1200716 -12 \Ord- 0507 -02 Extreme Homes REG.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regur meetings so that this ordinance is passed upon first reading as an emergency measure on this 12th day of June, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: as to form June 6, 2007 pith Assistant City Attorney For City Attorney HALEG -DIR \Shared \GaryS \agenda12007 \6- 121Ord- 0507 -02 Extreme Homes REG.doc Page 3 of 3 Corpus Christi, Texas day of , 2007 TO T-IE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members Theaabove ordinance was passed by the following vote: Her y Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Ne) a Martinez Michael McCutchon H:\ LE G- DIR1Shared \GarySlagenda1200716 -12 \Ord - 0507 -02 Extreme Homes REG.doc 13, ,... -... '.- ' ... ‘... '---... .....,..,......,,, • `... ''',...,..„. .--........ 1"=60' 4.) IR FND--) LOT 1B 83,250 SO. FT. 1.91 ACRES AB 'PROFESSIONAL OFFICE DISTRICT" In o 0 k oil.- Z. , JOB NO: 070015 CITY of CORPUS CHRIST/ °EPA F.,'7 ME N7 LNGINEERING SERVICES .41.Ny ENqltiEERINGto. CITY OF CORPUS CHRISTI UP RIVER ROAD SUBDIVISION COMMERCIAL LOT 1B ( ■()*.e5:- 732---) eng neers A consultants CV • SIIKTIAIAL . RIANSKSIRAFICRN • StRIVErAG ' MAIM! • C01.1116.44011MANACARARAT „„, NAIAGAROK 51Prt 36:1 calm CHEW XXAS U FA pRil 863 1961 FAR 134.i) 681196* WW1*, ,i4VwC CORR k oil.- Z. , 16 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: June 12. 2007) Case o. 0547 -06, Renato DtPaolis II and Gary Cadena: A change of zoning from a "R- 1B1IO" One- family Dwelling District with the Island Overlay to a "B -2 /IO" Bayfront Business District with the Island Overlay on property described as Padre Island Section E, Block 1, Lots 1 through 4, located on Aruba Drive, approximately 300 feet west of Leeward Drive. Plannig Commission & Stars Recommendation (May 2, 2007): Approval of the `B -2 /IO" Bayfront Business District with Island Overlay. Requyted Council Action: Approval of the "B -2 /IO" Bayfront Business District with Island Overlay. Summery: • Request: The applicant is requesting a change of zoning from "R-1B/I0" One - family Dwelling DitBtrict with the Island Overlay to the "B -2 /IO" Bayfront Business District with the Island Overlay for further development of a multi- family residential complex and a commercial marina facility. The applicant requested a zoning change for Phase 1 (Case 0407 -08 - Block 1, Lots 6, 7, and 8). from "R- 1B /IO" One- family Dwelling District with the Island Overlay to the "B -2 /IO" Bayfront Business District with the Island Overlay. It was approved by City Council on May 29, 2007. The applicant is also requested a zoning change for Block 1, Lot 5 (Case 0607 -02) from "R- 1B /IO" One- family Dwelling District with the Island Overlay to the "B -2/IO" Bayfront Business District with the Island Overlay Planning Commission will hear this case on June 13, 2007. • Eaisting Land Uses: The subject property is currently vacant with approximately 360 feet of water frontage along Lake Padre. The owner of the subject property has acquired three of the four lots to the north and plans to develop the area as one contiguous site once lot 5 is under contract. The property is bordered on the west by Lake Padre and has condo development to the east across Aruba Drive. • U*Iities: Water and Wastewater service is available to the property. • Transportation: Access to the subject property is provided along Aruba Drive, a local street and Leeward Drive, a collector. • A*nexation: Padre Island Section E Subdivision was annexed in 1989 and the subject property was assigned with the "R -1B" District. At the time of annexation, the "R -1B" District was assigned to annexed property as a method to control high density development until owners of such property are prepared to submit a change of zoning that will accommodate their land development plans. Such proposed development plans are reviewed with staff as to compatible land use adjacency, the comprehensive plan recommendation, future road construction, and available infrastructure. • Comprehensive Plan/ Future Land Use: The future land map recommends mixed use tourist for the subject property and surrounding area. The proposed use is consistent with the definition of mixed tourist from the Mustang -Padre Island Area Development Plan (See Policy Statement B.10 below). POLICY STATEMENT B.10 The designation of "Mixed Use" in the Future Land Use Plan expresses the City's desire to mix residential and non - residential uses. Development objectives for the Mixed Use categories are to incorporate the latest design Innovations. the highest quality construction, integrated land uses, a safe and efficient transportation network, and pedestrian and bicycle amenities. A '`Mixed Use" area should be developed using a Planned 1.14 Development (PUD) zoning district or other equivalent zoning category. B ) Mixed use /tourist - The mixed use tourist land use is characterized by high density residential and high density business uses. High density business uses may range in character between either serving the region or be targeted to the island population. Uses may include bed and breakfasts, hotels, condominiums, marinas. vessel repair and maintenance, convention facilities, ancillary commercial uses, eta Notification: Of the eight (8) notices mailed to the surrounding property owners, zero (0) were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is not considered controversial. State law 200/0 rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. MGi FGMIbIp Attacttnents: 1) Zoning Report 2) Planning Commission Minutes (5/02/07) 3 } Ordinance Deborah A. Marroquin, P.E. Interim Director of Development Services CITY COUNCIL ZONING REPORT Case No. 0507 -06 City Council Hearing Date: June 2. 2007 Applicant: Renato DePaolis .4 Owner: Same as above Agent: Renato DePaulis e�. I Lead Description/Location: Padre Island Section E, Block 1, Lots 1 through 4, located on Aruba Drive, approximately 300 feet west of Leeward Drive. From: -- R -1B /R " One - tamily Dwelling District with the Island Overlay To: "B -2 /IO" Bayfront Business District with the Island Overlay Area: 1.43 acres Purpose of Request: To allow for residential and commercial uses on the water front lots. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site -R-113/10" One - family Dwelling ' District /Island Overlay Vacant Mixed Use Tourism Vorth -R-1B/I0- One- family Dwelling District /Island Overlay -B-210- Bayfront Business District with the Island Overlay ' (C.C. approved May 29, 2007) Vacant Mixed Use Tourism South } -R-1B/I0- One- family Dwelling District /Island Overlay ! Vacant Mixed Use Tourism East "A -T" Apartment Tourist District /Island Overlay Multifamily Mixed Use Tourism West "B -2A" Barrier Island Business District/Island Overlay Water Water Area Development Plan: Mustang -Padre Island ADP; The proposed development is consistent with the future land use map that supports mixed use tourism for the subject property. Zoning Violations None Loning Report Case No. 051)7 -06 (Renato DePaolis) Pace Staff's Summary • Request: Lhe applicant is requesting a change of zoning from "R- 1B /1O" One - family Dwelling District with the Island Overlay to the "B -2/IO" Bayfront Business District with the Island Overlay for further development of a multi- family residential complex and a commercial marina facility The applicant requested a zoning change for Phase 1 (Case 0407 -08 - Block L Lots 6. '. and 8). from -R-1B,10- One - family Dwelling District with the Island Oy erlav to the "B -2 /IO " Bayfront Business District with the Island Overlay. It seas approved by City Council on May 29. 2007. The applicant is also requested a zoning change for Block I . 1 of 5 (Case 0607 -02) from -R-11340" One - family Dwelling District with the Island Overlay to the "B -2 /1O" Bayfront Business District with the Island Overlay. Planning Commission will hear this case on June 13. 2007. • Existing Land Uses: the subject property is currently vacant with approximately 360 feet of water frontage along Lake Padre. the owner of the subject property has acquired three of the four Tots to the north and plans to develop the area as one contiguous site once lot 5 is under contract. The property is bordered on the west by Lake Padre and has condo development to the east across Aruba Drive. • Utilities: Water and Wastewater service is available to the property. • Transportation: Access to the subject property is provided along Aruba Drive, a local street and Leeward Drive. a collector. • Annexation: Padre Island Section E Subdivision was annexed in 1989 and the subject property was assigned with the -R-1B- District. At the time of annexation, the "R -1B" District was assigned to annexed property as a method to control high density development until owners of such property are prepared to submit a change of zoning that will accommodate their land development plans. Such proposed development plans are reviewed with staff as to compatible land use adjacency, the comprehensive plan recommendation. future road construction, and available infrastructure. • Comprehensive Plan/ Future Land Use: The future land map recommends mixed use tourist for the subject property and surrounding area. The proposed use is consistent with the definition of mixed tourist from the Mustang -Padre Island Area Development Plan (See Polio\ Statement B.10 below) POLICY STATEMENT B.10 The designation of "Mixed Use" in the Future Land Use Plan expresses the City's desire to mix residential and non - residential uses. Development objectives for the Mixed Use categories are to incorporate the latest design innovations, the highest quality construction, integrated land uses, a safe and efficient transportation network, and pedestrian and bicycle amenities. A "Mixed I se" area should he developed using a Planned Unit Development (PUD) zoning district or other equivalent zoning =.;ategory B) Mixed use /tourist — The mixed use tourist land use is characterized by high density residential and high density business uses. High density business uses may range in character between either serti ing the region or be targeted to the island population. Uses may include bed and breakfasts, hotels, condominiums, marinas, vessel repair and maintenance, convention facilities, ancillary, commercial uses, etc. Toning Repor. Case No. `050 - -06 (Renat:? DePau lis) Page 3 Street Aruba Drive Type Local Paved Section Volume (2001) 60- ROW w! 42' Bk to Bk NA a, The subject property is platted The proposed marina and multi- family uses are consistent with the future land use map and policies set out In the Mustang -Padre Island Area Development Plan. The applicant requested a zoning change for Phase 1 of this project and it was approved by City Council on May 29. 2007 (Case 0407 -08 - Block 1, Lots 6, 7, and 8). The applicant is also requested a zoning change for Block 1, Lot 5 (Case 0607 -02) from "R-1B!'10- One - family Dwelling District with the Island Overlay to the `13-2 /IO" Bayfront Business District with the Island Overlay. Planning Commission will hear this case on June 13, 200'. w f Recommendation Approval of the '`B -2/10" Bavfront Business District with Island Overlay. Approval of the "B -2 /IO" BaN front Business District with Island Overlay. Comments Number of Tracts /Lots - 21 Number of NoticesOwners 8 Favor Opposition 0 (As of May 29, 2007) Note. A difference between the number of tracts and number of notices is due to individual property owners owning more than one tract. Attachments Zoning Map Comments received from Public Notices mailed Ownership Map Ownership List H;APLN- DIR`,SHARED \Betierty/200" PC. \ZONRPTS'NlayACC Reportsv0507 -06 Renato DePaolis.doc 11 DRE IS City Council Approved B -2:'10 an 5-29-07 Case Number 040' -08 R°-1 B /10 PADRE ISLAND SEC H UNIT #1 B -2A /I0 -2/10 SEC C 18 D SEC A 2 B -2 TRACT A -1 TRACT B -1 A -2 AB 8 -'A 6 -2 8-24 6-3 8-4 B- 0 10700 Feet CASE 0507 -06 ZONING -oartment -rotate Distnct Apartment :r+ottfie Distnct Apartment Hot* Distnct Professional Dike Distnct Apartment -, ounst Distnct Neighborhood Lsiness District Neighborhood easiness Distnct Bayfront Bustnles Distnct Bamer stand Slimness Distnct Business DlStnct Genera, Bus -netts DistnEt ,nmaryy Bus nets Distnet �nmary Busness ;;ore Dtstict ..drpus Christi *eact Design Dist =arm Rural District , Estoncal- C,nturaf ..endmark ' -resew auor a, ff, .o ats 6/06,d;: food Snum cM of Corpus w.. H:Ot. -P M.4150`415 .r+maL0I013LA.SE 0507- os.mnd J...wpnupt Sevic.a RLD R -'A R '8 RA RE R. nri SF C umaed rdustnal Distrct Light !ndusttial Distnct Heavy !ndustnal Distnct Planned ,:nit Developmer: One Family Dwelling District One Family Dwelling Distnct One Family Dweiting Distnc: Multiple CweTing Distnct One Family Dwelling Distnc' Residential Estate Distnc' Townhouse Dwelling Dist, 1 Special 4ermit ?raver - railer Park Dtstnc- Manufactured Horne ,ark J'stnct Manufactured Home Suboivsion Dist,u City of Corpus Christi SUBJECT PARCEL I. I%. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — May 2, 2007 5:30 P.M. COMMISSIONERS PRESENT: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman Fred Braselton Evon J. Kelly Johnny R. Martinez Michael Puslew John C. Tame/ COMMISSIONERS ABSENT: Atilano J. Huerta STAFF: Faryce Goode - Macon, Interim Assistant Director of Development Services /Planning Johnny Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Miguel S. Saldana, AICP, Senior City Planner Mic Raasch, AICP, City Planner Dan McGinn, Project Manager Chip Baish, Project Manager Gary Smith. Assistant City Attorney Wendy Ogden, Assistant City Attorney Beverly Lang - Priestley, Recording Secretary Lilly Muniz - Rivera, Recording Secretary CALL TO ORDER — 5:30 p.m. A quorum was declared and the meeting was called to order at 5:30 p.m. ZONING e Case No. 0107 -0( Renato A. DePaolis II and Gary Cadena — A change of zoning from a -R-1B/ I0' One - family Dwelling District with the Island Overlay to a "B -2/ 10" Bayfront Business District with the Island Overlay Padre Island Section E, Block 1, Lots 1 through 4, located on Aruba Drive. approximately 300 feet west of Leeward Drive. Dan McGinn presented the case via Power Point, stating the applicant has requested a change of zoning from a "R -1B/ 10" One - family Dwelling District with the Island Overlay District to a `'B -2/ 10" Bayfront Business District with the Island Overlay District on property described as Padre Island Section. E, Block 1. Lots 1 through 4, located on Aruba Drive, approximately 300 feet west of Leeward Drive for the development of a multi family residential conlex and a commercial marina facility. Mr. McGinn stated the subject property is currently vacant with approximately 360 feet of water frontage along Lake Padre. The owner of the subject property has acquired three of the four lots to the north and plans to develop the area as one contiguous site once lot 5 is under contract. The property is bordered on the west by Lake Padre and has condo development to the east across Aruba Drive. Planning Commission M Via:, '. 2007 ]age T nuts Mr. McGinn stated the Comprehensive Plan/ Future Land Use map recommends mixed use tourist for the subject property and surrounding area. The proposed use is consistent with the definition of mixed use tourist from the Mustang -Padre Island Area Development Plan and the `uture land use map. Public hearing was opened. No one was present in fakor or in opposition. Public hearing was closed. Motion was made by Commissioner Pusley to approve staff recommendation and was seconded by Commissioner Braselton. Motion passed unanimously with Commissioner Huerta being absent. COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No. 0507 -06 Renato A. DePaolis II and Gary Cadena Circled = FAVOR X = OPPOSED (Note: The numbers) next to name corresponds to the attached map.) Total notices mailed: Twenty -one (21) Notices returned from within the 200 -foot notification area: Favor: Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: () Opposition: () III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: O :�PLN- D4R \SHARFD\Beverk,2007 PC \PI!BLIC OMMENTS' 0507- 06.doc City Council Approves B -2i 0 on 5 -29 -07 Case Nurrber 04C; -i)8 PADRE ISLAND SEC H uNI' #1 U O 200 Feet CASE # 0507 -06 OWNERSHIP IPOISubject Property Owners within 200 feet listed on attached ownership table Owners in favor X Owners in opposition Pn.NnyD. , 4 : ]opoo. Op W Coq. N- "N}UINIONAlteOGI8H ..o O *Ymooa u.sZom4 1 E 0.101- Of.�ma m m m N m m m m m m m m m m m m m m m m m m m m v U m a "s osso�000ssigs_s0000� S °000SS,°1i11000'0000 °a8' C TN Om N1)Nmm mOO ON 9 xmaZCr D DDCCRIT—UgEiCD C �S Z O m 8 o ii o ;, n m m T N Z T p (n) 8 N D N 7C C m O Z Z Z T 2 S oO Z S 0 D Fp 000$0 ;0N0mmo OOZO00m0 mCH5m = 0 rrnmmFAANmArC 5 A A`_ m m y N m(0 N F _Z0>(0(0(0 r r _ T r - m 0 v m z Z O y p Z N Z D m m? D m c m °,, p?? O p? m s2 D 11n AC 1AT1 pz300mymmNmmO�o ?. CD3? �4) " C)DC ycAz -i(Zj4- r? Z A 2 D Z O A A O A m mmmmD= mm N A as ONV1SI 980W IS Z091,1 D 0 0 m nm OF mN 0 s 0000000 0 (000-) Oo>0000o moo> mmstmmmm 4-mm0 ((0((0 y(Cl)00)(CA 1mi1 (C/lf 0 0 00000 n o 0 A 0 D D .m A x A 21 -NI -NI - N1- NI- i -NI-NI y �_ D X X D mmom mi ot mm+� mm A0 D D D D D D D D D D D D D D D D D D p D (0 (0 i ((0A A D A (0(0 D p (0 p ( 0(0(0 mmmmmmm mmmmmmmmmmmmm 0(000000 66,30 z Z O O O Z Z mmmmmmm 0000000 xrnnOmm0 C y y ti y ti (0 F x x D n N S0000000000(0000( ; Z Z Z Z Z 0 0 0 0 0 0 0 0 0 0 0 0 mmmmmmmmmmmmm 0000000000000 0mmmmmmmmmcfmm mmQJ �mm W (Om� Gm m ]C 7C r7C rT. 7C jcr 7C Jc JI 8!:182,134g N N N N oum t .. tiimN�n i°i o s m D N o o D o m o mwo°zlP; DNS° °a'mo N N N N N N N N N N N N N N N N N N N N N () 0 0 0 0 0 8g o 0 0 o a o 0 0 0 o a o 0 0 E8rn8&8888R88S8888$$$$ ZO Page 1 of 3 AN ORDINANCE AR/ENDING THE ZONING ORDINANCE, UPON APPLICATION BY RENATO A. DEPAOLIS II AND GARY CADENA, BY CHANGING THE ZONING MAP IN REFERENCE TO PADRE ISLAND SECTION E, BLOCK 1, LOTS 1 THROUGH 4, FROM "R- 1B /10" ONE - FAMILY DWELLING DISTRICT WITH THE ISLAND OVERLAY DISTRICT TO "B -2/10" BAYFRONT BUSINESS DISTRICT WITH THE ISLAND OVERLAY DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recornmerxations concerning the application of Renato A. DePaolis II and Gary Cadena, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHI REAS, with proper notice to the public, public hearings were held on Wednesday, May 2, 2007, during a meeting of the Planning Commission, and on Tuesday, June 12, 2007, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COMPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Padre Island Section E, Block 1, Lots 1 through 4, located on Aruba Drive, approximately 300 feet west of Leeward Drive from "R-1B/10" Onerfamily Dwelling District with the Island Overlay District to "B -2/10" Bayfront Business District with the Island Overlay District. (Zoning Map 028025) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, excpt as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H' \LEGDIR ∎shared \GaryS\agenda1200716 -12 \Ord- 0507 -06 Renato DePaolis and Gary Cadena.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immecate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 12th day of June, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: June 6, 2007 Gary Smith Assistant City Attorney For City Attorney I \LEG -D \ Shared\GaryS \agenda\200716- 121Ord- 0507 -06 Renato DePaolis and Gary Cadena.doc Page 3 of 3 Corpus Christi, Texas day of . 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The move ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Prisca G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\LEGDIR \Shared \GaryS \agenda\2007\6 -12 \Ord - 0507 -06 Renato DePaolis and Gary Cadena.doc 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Preservation of FY 07 -08 General Fund. STAFF PRESENTER(S): e Title/Position Department OscaMarez Assistant City Manager- Administrative Services Cindy O'Brien Director of Financial Services Eddies Houan Assistant Budget Director REQtRED COUNCIL ACTION: No fottnal action is required at this time First and second readings on budget Adopn are scheduled for July 17th and July 24th respectively. Eddie Houlihan Assistant Budget Director Power Point Presentation X Exhibits 1 2006 -07 Focus: Improved Performance Management 0) C O O N E O oz O N 1 (0 0 U o cu L O U N QQ- a 2 o co L c O •N • N c 3 ° ago U2LL< Du_ w CtP tiO _ � 0e a 1 Balanced Scorecard Drives Daily Operations CD U cv d ( 1 ) - o >.% ay co C Q c'43 - cts Metrics, 1,510 Data Po L>, U) TD" 0 2 4= CL 0 0 a, v.) ° E 0 -a u j "t5 cip. eiT 0 • • • • • • • (O o N g 2 ?in' a) t) O W Iii • .... w - > '- O - 1) to a `O C C C CD 0 Es .0 W 1— V m C = N C C y N N CD w N V L 0 0. C �- 0) W = 4) ca E E o E co) .0 ii) c; --F. .E as .° a) _ 0 co O v > "0 > = 'N i ;r:+ G O N Cl) O O >-,..Cw,w CD y w => -- co cu W L ' �L0 . ` _O o w m a CO � 0 �En IX E 1- 0 3 E Eat .„ Fd'- T)rit_s 7c,ols -e r!" C it) of Corpus Christi .ustomei r iu ess '' ie %,a Balanced Scorecard Financial Sustainabihty Period: Fiscal Year �2.Ec? v Run u Y'ti � 4; • Mgt t'° n ar. , as - "; '; ° 4-. "N'r 4,'. a �� Provide Excellent Customer Respond to and Resolve Requests in a On -tine Customer Response °o Departments > =95 00 PIfA + Service timely Fashion Meeting Response Targets Promote Quality of Life Maintain Clean Safe Neighborhoods Crime Rate per Capita Reduction Compared to Last = =0 5C: IliA + Year Promote Quality of Life Maintain Clean Safe Neighborhoods On -time Code Enforcement % of Groups Meting > =50 0' IPA + Response Targets Exercise Fiscal Discipline Manage Spending to Meet Operating °0 BuJge,t ?pent tc L'ate t'P" ''! "c t•l ;, + Budgets Provide Wise Ste•,vardship e1 Reduce Unit Cost of Service i- of Departments fileeun;i Unit Cost of Ser.ica -d0 i3O M.A. + Financial Resources Targets Effective Internal Coordination and Pre'ride Responsive Reliable Internal On-ime Inteii el Set •..ices of Departments that I1 A. + Communication Services 1-leet Internal nar.ice Response Tune Targets Effective Internal Coordination and Provide P..esponsi;e Reliable Internal Equipment A.iallatiliti n. of Departments Meeting =a,i '''C IJ A Communication Services Eur:utese. S',sterr,s and LGui[ rent A :adarilt + Targets Have a High Quality iSkilledt Retain Qualified Employees o of'v:Wdorkforce Lea• -ing City Employment -Total < =a 00% IVA + Workforce, Have a High Quality (Skilled} Retain Qualified Empl , , °do of %VarEforce Leaving City Employment - c =4 50% NIA + Workforce Voluntary Have a High Quality (Skilled} Retain Qualified Employees ' °A of Wokforce Leaetn 9 City Em # Qv ment - < =0 50% M A + Workforce: In,oluntarr 4 0 Internet i•'.,� i�y "^ ,_, dAi+ G ,,r t hw {t .- ruPw.. su . _ .. ,- i _, .,' _�_.. ,emu =. a+w, av ° . a Balanced Scorecard itr a1 3 it 0 11 >'c';g ol 6 10 - 11 8 4 0 0 0 u g° o w 0 8 !I A d o. E qJ 6 0 4(3'1 17,...] 6 {11 Period Type:Fiscal Year Card Owner: City Period: 08/01/2006 a a A 5 • u ct L d' b F co to al o N Recreation Services • a� o E' �o ;n C U . (n iA .E a. K la H N .5 a; u. u Captured only new growth Ad Valorem Tax 3.5% inc from estimate its il) _N i6 Increase in Telecommunications and Cable TV Franchise Fees Franchise Fees w a; In) 7_ 3 O U C C E N c3 L is a) 0 — o >, c M cc n 0_ a) N ) = 0 L U L L- .0 m u) o > N _0 U iQ 0 N Q L in a CC > i-+ C N C o a) 45 o is N ip N O Cn C U O A a) 0 C L CO L U " — -C3 c O y= N LL .- , 73 iU. C C a) Et2 -0 in c UO? oU J C 0 p) a) t� N ._ ._ c o c TD = a) u a) �f' «i 03 ca GU L F N O a) N Ct. al 0 C Solid Waste Chgs �-- CO CO 0) 10 N �- CO 00 Cr.; CO) In (0 O) (Y) N- I` Municipal Court 1 Administrative Chgs Increase in interest income Investments Increase in Emergency Call revenue Public Safety nt F- it 0 W N '1 F-L I.y I� -0 O C H I C O Q 2 5o� () C O Q O a) C CO co _a N Interfund Chgs Net Increase O 00 O CO CO O N O M CO N r' N- N In 0) N M Eft � O History of Net Taxable Values $14,000,000,00( $12,000,000,000 $10,000,000,000 $8,000,000,000 $6,000,000,000 $4,000,000,000 $2,000,000,000 O O O u� O O O O O N O O N O O N O O O crN Q■ r-I History of Assessed Valuations `% of Net Value New Growth oo \o \o \o \ \° \ \ \o \o \ \o 0 0 0 o c 0 o c • o 0 0 0 0 M T M O N N = C1 C■ N. N d• 00 N N N N N N -; — —1 �' N N N N C` to M N 00 C1 01 N N N M QC O to N N M ■O O ■0 M N to M C1 O M^ ■p 4O to A to tri N l ^ O O O\ O N '� 01 •--+ N r! N ,O 00 M O N O 00 00 00 00 to O N N O N N C1 O O , M M N to M an l^ 0C -+ N to M to Q t- N N vO O O O IV of ,1? "t ■3 7P to to •-+ b 00 to .-- .� — .-- v--! .■i .-- .r 14 N N N M ao o 0 0 0 0 0 0 o a o a N M N 1 M to C1 M O O O 4 M N t� N to C, GT ■-• h 00 O J M M t^ N t1' �O N 00 00 00 Total Net Values $ 6,464,727,958 6,745,559,944 6,965,898,936 7,226,045,864 d' O t■ 00 tli N 7,652,057,403 8,029,325,055 8,426,656,727 8,947,896,398 9,639,561,772 10,488,024,828 11,421,305,918 $ 12,335,000,000 W to vp C- 00 C1 O --, N M 4 to vo, r on on & C1 C1 O O O O O O O O Eal 01 01 01 C1 O O O O O O O O ■-- •-• ^ ..• — N N N N N N N N *2005 Net Values revised to include protested properties 0 1728940 C O O O 0 0 COT) O - 0 f`') C) 0) l` _ 1` 0 O c3 c3 O 0) M d' 0 1555930 (`v) , O in LO LO 0) tt) V' N N N 1-- 0 (0 co r r r r r r r r O O O O O o O O 06 0 4412960 0 4396360 0.4493360 0 4681330 0.4631326 0.4575227 O O O O O co �( C 1 Obi 0 O O (O N O V V • ' �Y O O o 0 o 0 6127260 0.6127260 U CO N cam) O C) 0.6237260 0.6237260 0.6237260 0.6237260 0.6441745 0.6341750 0) N 0 N. M N O (0 c0 O O (n 0.2600000 0.2400000 O 0 0 0 0 0 0 0 c) N 0) 0) O N N LO to (O 0) N c) 0) 0 0 o 0.1616100 O O O N_ 0 0 0 0 r 0 0) LO ) .- N CO s— N M M r r r 0 o 0 O 0 Lo M 0 O 06 0 0 0 C 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0) 0) o o o 0 0 O r- N 0) co O O O O N. N (O CO CO V) 14) 0 00 N 0 0 O CO 10 LO Nr CO 0) CO N N (b V' 0 0 0 10 O (() to 1-- V M c`") 0 Q' V C :Zr- d' '' V o O C) 0 0 0 O O O O O O O 0 0 7400000 0 O C) O °o 0 0 00 °o °o 0 CO CO CO N CO co O CO u) LC) O O c.) ca 0.5650000 0.5650000 O O O O 00 00 00 00 o Lc-) 00 00 00 co 00 00 0) LC) LO LC) O O O O O 0.5900000 o O o o o Ov o M 0) O to co O O C 0 OD' Oa) ...... a) �-'a)c x 0) d) c • CD O *L(76_ c tI3 O +•' c �= 2 2 c as a) 7 O L. co 47, _c alaic 0ma� 2 o .Q > > L. (0 o _ L. c c cla U O .0 N X^ O O • N c., bii � � �5 0 0) (1) D -C O • - • O O _c O U — O O �, '- O (,) O (6 06 2 L. coo E 1 al as a) _c a) .R. L. to a) (o > a) (� cu a) a) U U U p O•N� Qp c c c -° O a) a) L tLi N c c t6 (13 u) E ...� -o ca a) O = a) a) (, p a) U a) = co '*'' U to U O U "O E 0 c a) L c L^ N -C to �) U >�'- U o C. -' O Q Q. >' .c a) i< ([i a) 0 C Q. Q Q .N Q O .Q . N-0 0 0 I O N .� o %,.. a) N u) u) OU Q a) a) ..-� (v c ' Q O O ina Vi � t� D >' E • O u) 0 0 a) a) CC O _ p N x cu p.m CD >" O U a) a) O D O 0) a) c U Q X a) a) c cats (n 7:3 .2 (1) L �-. cla a, a,� O�CI • • F-F-W as O1CC >-0 U • • • • • Note: These tax requirements assume no major legislative changes in the recent session. U) c h. O C7 to 8 N 0 Q- N O >- -o LL C {p O r C 6 2 00 JE CD L a) CL I?E >,.-� .©C� �W c11a) �E� City has a Tax Cap = M &O + l &S = $0.68 (excludes voter approved debt) 2 0) 4— 0 co 0 0 o °6 > 2 c 1— . � in c co a) o 2 co N E W O w N N �co O cu N- Ct c sou) w Cr) N-"" r- (II ci Cci cy)v..h'' ( (0'x'0) LO M0) • �8 -0 ��0 N�}(}0 "0 c - II II p 11 11 6.3 OO OSO - II 0 a) a) II N N as <wcels a. W ct (13 a �a) h- ("TS0 CO iii 00 . Co COI -°2°a CD 06 >,Q 0 0 General Fund Orpera'ons 1 Maintenance 0 FY2008 (Proposed) (NI >-, LLI ft $.01829 would generate additional $2,200,000 in revenue • Change in Sales Tax Collections O ri CrN r • • 0 N LOOZ 900Z SOOZ tOOZ £o0z v zooz zooz 000Z 6661 8661 Solid Waste Services Fee U a) C N L 0 D N O O L 0 O L 0 Description O LO (N.1 1`- 69 O E O O LO E $1.90 monthly $2.85 per ton $3.76 per ton L() N N. O 1` 1` r L() CO O) d' CO O7 N- O CO CO O) 4 6 co 6 4 d to 1--: O r- N Cr) CO N d' Ea 69 Efl 6F} Ea EA- to Lf) - N O Is-- 1` CO i` 0 1- CO d' V) CO r- I, CO N r Cr) ,- N,, N N CO CO N 4 Ea 69 (a 69 6e} 69 Eft a3 , L v a) b E E a) o cn CU u) ret C13 2) -0 CU m = -C -C �U co0 U T> T, N > 0 E 45 Refuse Disposal Charges -Misc Haulers MSW SS Charge -Misc Haulers Refuse Disposal Charges (Wastewater) Solid Waste Services Increases (8 U C a 0 N LL N- 8 LL $219,649 Full yr merit & trans station $5,698,565 $5,918,214 100000 New program 62,000 New program • co °o °o • h- co rn M N (N 0 0 CO N 0 - > co • c6 0 ci N co 00 N L Lf) M N N N O 4) C a) N a) N � (tf a) W N U a) O .c C L a) Q C N a) C c w = O N cu O a o w W f- (L) cn a) 0 X O) 4- 4- o. 0 0 Graffiti Clean -up Recycling /Litter Program Internal Allocations 0 i N c v c Z. _ C • C E o W N E O O N U O a Expenditure Increases (Budget Comparison) a) U L Total General Government Fire Department Police Department Health Department Park & Recreation Street Department Solid Waste Services Neighborhood Services /Community Development Engineering Services Outside Agencies Other Activities O O O O O O O O O O O O c O O O O O O O O O O O O Z O O O O O O O O O O O O Imo- In v. T- N tf) N- I� L. v co- CO Q CO - 0) CO 'Cr CO • CO V' N r CO CO ▪ b' I- O Net Increase O O d' O co ) c c O 7 U r a • v O 03 L •) o I` M r"-- co O N � as L 0 al U cn Changes — Net Increase 33.2 FTE's 0 0 O: °o 07 0 tf) 0 = co CO) cc) co r N 6.5 FTE's for new Southside Branch Library m U_ 0 a) > C (-6 Y a) L E TA E -t a. E co a) Q 0 Q C 0 a) a) a) c a) v d E c0 a a p 0 a) cn s 0 0 -a rn y 0 C0 J N CD CO 0 0) CC) o in in ca) Z N (0 > •N I m a`) Q c v) ' ° -p CO a) c 0 0 0 d a) s C a) U) ° p 0 N a) U U L C E C/) c co >, 2 U d Z 0 N LC) N 1— N 'cr 1 Health TB Clinic 2 Net Increase Solid Waste Services — Litter Program /Graffiti Clean -up 1.2 Human Resources 1 Economic Development Office (4) Park & Recreation General Government Expenditures by Function LI Personnel 0) ti N CO 'Tr o d7 N r Lr r CO c CO C M N CV nj Allocations 0 0 co 0 M co 0 oo co co M N > ii U Eu) O -0 %u C CO I- = 0 N CO 7 t'_. Q. 15 00 0 co Q) En 6 7 0 0 O •> cn +r o CD CO 0 C U O a) EL' N N U .v L.L. O C U L E o C _ 'v ▪ C .c 0 c o co E 2 0 - ice L 0) o L c L Q o_ 0 0) a) 0 CD C CO .L < E2 o a) • + • _c •Added 1 position to Economic Development Office mprovements with one -time expenditures from FY 2006- 0 0 0 0 0 0 N. •o Fire Expenditures by Function • o) c c c o E a. 0 ▪ C ❑ Allocations a U • 4 m $30,548,178 $30,788,257 O $37,311,445 (1) c C c _O c.7-; -+--� O tp f� Q) Q- ° (13 o •$510,593 for collective bargaining pay increase •$28,361 for lease purchase payments for replacement fire pumper truck •$550,000 for enhancement to firefighters retirement plan N O U ▪ O O O N L+= LL E O co O C0 L O K}- � (f 0 N E G) a) C C O co E2 N � O 0.0 CO •4- Police Expenditures by Function ® Personnel Fl Allocations $44,551,069 $42,954,363 N o (C) co o co L "cr CO (D N.: $58,826,470 $56,060,339 TD O) c c c o C +7, Rf o L, c(?) a) O- O ca o 0-0<0 •$1,224,799 for collective bargaining pay increase •$805,000 for 35 replacement police package sedans •$116,034 for 5 Management Assistants to civilianize 5 current sworn positions a) E U N Cb O 9- O O O O d4 O C0 O O U O a)• }. a) U E 'Q O N C N v ca a) Q O N a) (') O +� C "0 O CZ � N O� O � • > • (1 ) - N U .cn II Personnel 46 0 LC) r v 0 N o) N- LO • CO 0 r-- "0 O` In rn (0 cQ CV- u3 _ O) N 0) 0 CV (1) • rn rn O ti C4 Sri 0) -0 O CV CO ry m N 603 0 rte' Eft 0 0 m co- CO C c C o O 3 N a cv 0 a. 0 Q 0 �- •Add 1 FTE for TB Clinic due to reduction in State Grant Libraries Expenditures by Function 15) O1 co N N O O O in M O in N r- Efi co 0 O co � Co N OIL T) 0) C C C O L a) O Allocations O 0 0 0 Tu Q U H •Refurbishment of Northwest Branch, scheduled to open by September 2008 - — O N (7 u- ca. O O O 2 O O O — C o a) Q a) X a) _ J +i a) o C C O co ` V! O •� C L � 0 0 -0 o L CO N O N O O W L O LL E O O N- v) • 0 En co N N. co CD N Q) tN� N N r c M I` p o M co N ti tA Q) 0) O to L e a) a) Q a. 0 Allocations O $ 14,848,773 Tz • Q O F-- •Skill -Based Pay initiative to begin for Park Maintenance in 2008 •Maintain 21 -day mowing cycle •Reduce FTE's by 4 •New org in place for Senior Centers to better identify expenditures •$315,000 for capital outlay with one -time expenditures from FY 2006 -07 Streets Services Expenditures by Function ® Personnel • Allocations a t U CO CO O (.4 () O Cr) m rn '- CO Nr N (O 0 co O (0 M O ta CO cn c c 0 c - — O U a) Q- O as O a. 0 Q O F- a) L c a) Q W E C O To a) �F- O cn CT u) a Lo- O O N y) O � a) U h- a) al O L (� Q O N 0 i- O E Q Lo 0 • 9- Solid Waste Services Expenditures by Function ® Personnel ❑ Allocations eL U • a> 1n 0 0 CO CO N CO 0 40 ti �= CO co co o co 0 r-- o 0 dry '• ..O o o (o d $20,491,424 $19,085,124 4) Q) c c c O c o cv — O c, O a. 0 Q O f-- •Full year funding for JC Elliot Transfer Station and Cefe Valenzuela landfill E O 2 9- N U O) L c (a U co 2 rl. :_' N T - J E 0 4E-' c a) M N� ' rV L O �O 4- L =^' c O ) W W as w L- O = • LL Oc) o "l"--' N O Cfl N -o -o O O co -o -o LO N J Q Q 63 LL MI Personnel d 0 [7 Allocations 0) co m 0) CO LO L7) a 0 L( L N CEO N CO CO CO CO 0 'd a) O co 0 O N O co _ O O a) to _ o v o cu ii" CU o a) L c L ,° oa as 0 o a >, ci > _ > Q% > 7---. = 0 O 3 U o o o c 0. 3 c O 0. V ++..V -0 Q L C C L CD W E O 47.0 ``" s� 0) 0 > V,' )O N- 0 O 0 "0 0) L C X RS ++ O a) ca 0o v • N :0 • > c i •> N 0) N • •O O Q >, (Ay -0 ai Q v 0 +, c _ >► d i"' _ W•� t > u i F- m O v LL v LL 'Q L > 'o T- — a co r a a) 0 a a) .D — .a La Day 'C 0 -a � a ,.. Q o < co Tts To o •Added 1 FTE for NIP Program (50% funded by CDBG) 0 E a) co 0) 0 1- O 0 0 1.2 0 O cou 1• O cc 9- O O a) E O •E s F• INN 43 O p O O co O (N co O O O O O O 0 O co O co co O O O O O L.6 co- O N to O O • O. e LO 1"-- N- (0 N d- CO Nr Of) in LO LC) M • O te mt ILI • (1) 4 (1) (0) • eS. Street Funding Five add'I repl Police vehicles Books for new library Two ambulance remounts Existing lease purchase pay off 4E" 4-, a) � C e- 5 L 0 nn'' �� CD W / LL O L V 1— a) a) � i 0 0 Animal Control equipment Two crime scene vans Fire vehicles Fire station repair Downtown improvements N M O O N 69- v- N N July 24 — 2nd Reading & Adoption Questions & Comments 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION DATE: June 12, 2007 AGENDA ITEM: Presentation on Crosstown Commons Project OUTSIDE PRESENTER(S): Nome Title John Bell Attorney, Wood, Boykin & Wolter Jeff Brewer Manager, CBL Development Ryan Gaston Partner, Hawkins Co. Development ISSUE: To update the Council on the Crosstown Commons Project. Irma Caballero, Director Economic Development 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION DATE: June 12, 2007 AGENDA ITEM: Overview of Public- Private Partnerships for Retail Development in the State of Texas CITY STAFF PRESENTER(S): Naive Title Irma Caballero Director Dept/Div Economic Development ISSUE: To brief the Council on projects throughout the State using public - private partnerships for large retail developments. Eighteen cities were surveyed to determine what, if any, public investment has been provided for large retail projects. Irma Caballero, Director Economic Development PUBLIC /PRIVATE PARTNERSHIPS LARGE RETAIL PROJECTS IN TEXAS June 2007 City of Corpus Christi Economic Development Office Research was initiated as a result of a proposal from the Hawkins and CBL Partners to build a Large Lifestyle Center (Crosstown Commons) in the City. In addition Trademark Properties has a binding letter of agreement to purchase Padre Staples Mall and negotiations are underway to purchase the Staples Center. Information was requested from other municipal entities in Texas regarding use of public /private partnerships for large retail development. 1 ARLINGTON AUSTIN BUDA DALLAS DENTON EDINBURG Cities Surveyed FORT WORTH GARLAND GEORGETOWN HIGHLAND VILLAGE HOUSTON KATY MANSFIELD MCALLEN MERCEDES PLANO SAN ANTOINIO SOUTHLAKE Presentation provides an overview of 9 key projects. In addition you are being provided two spreadsheets with information on all projects surveyed. Information Requested Date development opened Private and public investment amounts Value to City Obstacles encountered /negative impacts Pull Describe the incentive package Economic Impact 2 The Domain Austin Lifestyle center opened March 2007 with an investment of $138 million by Simon Property Group. . City performance requirements: • Firm date for start of construction • $1 million of construction budget targeted to assist small local businesses to locate at the project • 1100 permanent jobs created • Good Faith efforts to comply with City policy for Minority/Women Owned Business Enterprises • Minimum of 300 units meet S.M.A.R.T. Housing Criteria with 10 % of units meeting affordability guidelines. The Domain 700,000 square feet of luxury fashion and restaurant space. Retailers that include Barneys CO -OP, CALYPSO, Intermix, Tiffany & Co., the city's first Neiman Marcus and restaurants like Jasper's and Kona Grill. The 57 -acre first phase of this mixed -use project includes an upscale Main Street center anchored by Macy's and Neiman Marcus, nine first -class restaurants, 75,000 sq. ft. of Class A office space, 390 high -end apartments and a full - service hotel. The Domain also includes residential and office space. A portion of the office space has been constructed. Currently construction on the hotel has not begun 3 Concerns /Obstacles Lawsuit filed over structural weakness in 380 Agreement Language added so the agreement does not bind future Councils, making the City's payment obligations contingent on future appropriations City Incentives 380 Agreement - total incentive $25 million over 20 year period (calculated on a net present value basis) 25% Property tax reimbursement for 20 years 80% of City's one percent sales tax revenue rebated for first 5 years 50% of City's one percent sales tax revenue rebated for remaining15 years 2% of the City's one percent sales tax revenues deposited in the Austin Housing Finance Corporation 4 Reasons City Provided Incentive • Higher property tax increment achieved as compared to big box developments Incorporated new urbanist design elements (significant structured parking, main street concept, enhanced pedestrian amenities and vertical mixed use components) Provision of affordable housing Gained a small local business support fund Developed a regional destination retail center to curtail sales tax leakage to surrounding communities Economic Impact $40 million in new sales and property taxes over 20 year period $18 to 20 million estimated revenues to Austin Energy during 20 year period The Domain project is located 8 miles from the closest regional mall SPG has outdoor "malls" and big -box strip centers within 3 -mile radius from Domain project Austin does not generally provide incentives to retail projects. Exceptions are made when a project supports a City goal or addresses a problem area 5 Mockingbird Station Dallas Multi -story Lifestyle Center opened April 2007 Developer (European investment group) invested $100 million in development and $50 million for railway system No other details available as there was no public investment Rayzor Ranch Denton A mixed use Lifestyle Center on 410 acres with over 2.1 million sq: ft. of retail. Site is currently under construction. Unique characteristic is that the site is divided by a highway. On one side of the highway Sam's Club and a WAL- MART are scheduled to open in Spring 2008. There will also be a large open air mall development scheduled to open Fall of 2008. On the other side of the highway, a lifestyle center is planned which will have public spaces such as a park, an amphitheater, cinemas and a residential section. The center will open in 2009. Site is being developed by Allegiance Development at a cost of $850 million. 6 City Incentives Developer requested $92 million to offset infrastructure costs. City granted $62 million using a 380 agreement providing for sales tax rebates for up to 20 years. Developer will receive 75% of the one cent sales tax for the first three (3) years Developer will receive 50% of the one cent sales tax for seventeen (17) years or until they reach the $62 million level. City retains all property and hotel /motel sales tax. Developer gets funds based on performance. Developer expanded a 4 lane highway to 6 lanes. City working with TXDOT to get reimbursement for this expansion. If this occurs $62 million incentive will be reduced by the amount of reimbursement received from TX DOT. City Requirements Incentives will not be paid until developer builds all infrastructure and opens at least half of the retail stores. City incentives provided due to: Landowner approached City Sales leakage report indicated 54% of city shoppers going to other areas Market study indicated project would have regional pull into Denton. Buxton Co. performed retail store analysis which supported the market study indicating that second stores could succeed in the new development. The stores were Victoria's Secret and Barnes and Nobles which are within a 5 miles radius of the development. Note: City's practice is to reimburse for infrastructure in new developments 7 Concerns /Obstacles City experienced "sticker shock ", which made it difficult to respond to developer request until research and market studies proved the feasibility of the project. Due to opposition from existing Mall owners the agreement with Allegiance Development stipulates: If "pull" occurs with anchors or junior anchor stores from existing Mali, the developer will not receive sales tax revenue generated by those stores. Economic Impact $244 minion (combined revenue streams) over a 20 year period. Estimate considered conservative. Job creation number not available. Golden Triangle Mall located within 5.4 miles of Rayzor Ranch project. 8 Montgomery Plaza Fort Worth Multi -story Lifestyle Center in a redeveloped historic building Weber & Company and Target provided private investment of $51.2 million City performance requirements: Minimum investment of $51.2 million Commitmerrt to utilize Fort Worth companies and Fort Worth certified Minority and Women owned business enterprise companies for construction spending and annual supply and service spending Commitment to employ Fort Worth and Fort Worth Central City residents Other City Needs Environmental remediation needed Tornado Damage City Incentives Tax Abatement for One Year for Plaza and Super Target 380 Agreement effective after abatement period with a total incentive of $19.8 Million Plaza 100% of City's one cent sales tax in the project area granted for 22 years 100% of City's property tax increment granted for 22 years City provided $843,000 for infrastructure Super Target 100% of City's one cent sales tax in the project area granted for 21 years 100 % of City's property tax increment granted for 21 years The 380 Agreement sets a maximum amount of sales and property tax granted each year. Grant ends after contract dates expire even If revenue is not achieved as projected. 9 Concerns /Obstacles Historic Preservationist concerned about changes to the building's facade Economic Impact 500 New Jobs $85.8 million in new retail realized without public support Projected New Tax Revenues on Budget Other No Pull Experienced Added new grocery store Vacant building redeveloped 10 Firewheel Town Center Garland First Lifestyle Center for Simon Property Group, agreement reached 1999, center opened 2005 Investment of $125 million by Simon Property Group City experiencing leakage to Dallas, Plano and Richardson, sought to improve sales tax revenue Economic analysis completed, City determined project would be catalyst for other development Performance requirement Minimum square footage build out required for each phase of project until developer completed 1.2 million sq. feet of project space City Incentives Total package = $29.3 million 380 Agreement $16.6 million in public improvements /office development $1.2 million for right of way purchases (cash payment to Developer) $5 million for infrastructure (paid to developer as work completed) $5.4 million roadways (capital project - voter approved) paid as invoiced $5 million office development (cash incentive) $12.7 million in sales tax rebates for 12 years City receives first $5.2 million in sales tax revenue from Project Once 5.2 million threshold is met then following schedule begins First five years, City receives $750,000 in sales tax, developer gets balance Next 7 years, City gets $1,000,000 in sales tax, developer gets balance 11 Economic Impact To date projected new tax revenues on target, not in business long enough to determine trend Experienced pull with Dillards and Black and White Market City historically experienced leakage /retail consisted of local retail, new development creating regional trade area. Project considered highly successful, did not report any negative impacts New retail service jobs created Collins Creek Mall located within 5 mile radius from FireWheel project Wolf Ranch Town Center Georgetown Lifestyle Center opened December 2005 Investment of $110 million by Simon Property Group City experiencing sales tax leakage 12 City Incentives Total $29 million (performance based tax sharing) $15 million sales tax rebate over 20 years (paid at no more than 53% of the annual 1% sales tax) $10.5 million for road improvements (4B sales tax) $3.5 million in public utility improvements (revenue bonds) Concerns /Obstacles Residents felt City should not provide public incentives for retail development Project controversial, City Council requested a return on investment study (paid by Developer) 13 Economic Impact $88.4 million annual impact (combined revenue streams) 1,650 direct, indirect & Induced employment generating $24.6 million in wages Total Value Added (TVA) = $49.9 Million ( TVA= employee compensation, proprietary income, other property type income and indirect business taxes) No Pull Experienced Palm Crossing Shopping Center McAllen City owned 73 acre site, which was sold to Simon Property Group (SPG) in 2006 for $17 million. SPG currently constructing a Lifestyle center, with 560,000 sq. ft. of retail and restaurants located on highway 83 and Ware Rd. Site is scheduled to open Fall 2007. SPG investment of $53 million. Master planned site adjacent to new convention center with additional building sites for potential hotel development. 14 City did all site infrastructure at a cost of -$8 million. SPG reimbursed the City $4.8 million for their share of infrastructure cost. Hotel /Motel and sales tax funds, accumulated since 1993, were used to pay for the infrastructure. SPG has not requested additional City support. McAllen has a large, traditional enclosed mall which is also owned by SPG, therefore pull has not been an issue. Concerns/Obstacles Council questioned type of stores locating at the new site Developer expects to recruit retailers /restaurants such as PF Chang, Mimi's Cafe. several banks, Barnes & Nobles, Macaroni Grill, Designer Shoe Warehouse, Cavenders, Sports Authority 15 Economic Impact • 1100 new jobs • Sales of $250 million per year • Estimated $85 million in sales & property tax paid to City annually • Collectively City, County,& ISD expected to get $117 million in property and sales tax revenue • La Plaza Mall is located 3/4 mile from Palm Crossing project Other Public /Private venture City is considering a similar type of development on a 57 acre reservoir site which they plan to relocate. Site proposed for future retail development because it is contiguous with the La Plaza Mall, the airport and the expressway. 16 Rio Grande Valley Premium Outlet Center Mercedes 54 acre Outlet mall (similar to San Marcos Outlets) opened November 2006. Developed by Chelsea Properties Group (division of Simon Properties Group) with an investment of $60 million. 115 shops offer designer and name brand outlet stores such as Adidas, Ann Taylor, Banana Republic, Coach, Rockport Footwear, Wilson's Leather, Crabtree and Evelyn and Lancome. City Incentives 380 Agreement : • reimbursement of 50% of the City's 1 1/2 cent sales tax to the developer for a 10 year period. reimbursement of 50% of EDC's 1/2 cent sales tax to developer over a 10 year period Provided $1.2 million infrastructure (road, water, sewer lines and lift station) cost paid by the Mercedes EDC. 17 Reasons City Provided Incentives Project planned for over 10 years • City gaining more sales tax revenue • Project a collaboration between the City, the Mayor, the developer, the EDC and County Commissioners. • No obstacles encountered • No pull experienced Economic Impact • 300% increase in sales tax revenues for first year . -r70% of visitors to the Mall are Mexican Nationals . Value of other commercial property increased • -800 jobs created 18 Southlake Town Square Southlake Lifestyle Center (phase one) opened 1999 Private investment amount not available Grand Avenue Retail /Cinema open 2006 Brownstone Residential Phase still under construction. Reasons for Public /Private Partnership City desired to increase tax revenues And sought to improve quality of life for the Community 19 City Incentives Total estimated incentive package $19.5 million TIF reimbursement $7.5 million for construction costs associated with parking garages (to be deeded to City). Reimbursement only made after property values reach $74 million. 380 Agreement - $12 million incentive for the Grand Avenue Development 80% of sales tax payment to developer through 2018 Performance based payment payable once property values reach $74 million and minimum of 360,000 sq. ft. of retail space under construction on or before January 2006 Public incentive provided to offer the developers a 40% reimbursement of the public infrastructure and 100% reimbursement of public park improvements Concerns /Obstacles Residents felt Center would drastically change their quiet community 20 Economic Impact Estimated community tax benefits through 2018 from Grand Avenue: 1% sales tax $ 1,600,000 Crime Control $ 5,300,000 SPDC (Parks) $ 5,300,000 CISD $14,400,000 Hotel /Motel $ 6,000,000 Total $ 32,600,000 Locally based tax revenues estimated at $8 million per annum for all taxing entities for all phases of the project 2000 Jobs Created as of 2007 Conclusion The research suggests that cities in Texas are using public/private partnerships for large retail development. Most of the projects are new and long term impacts cannot be determined at this time. Cities providing incentives used a performance based approach, conducted impact studies and many used 380 agreements. A Public /private partnership should be carefully evaluated to determine if the approach is right for our area. One or more of the following techniques may be considered: Cost - benefit analysis (comprehensive /time consuming) Fiscal impact analysis (public cost + public revenue) Economic impact analysis (Jobs, tax revenues, investments with impact both direct and indirect with a multiplier effect). Cost if the ERA Economic Impact Study paid by the developer. 21 20 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION DATE: June 12, 2007 AGENDA ITEM: City of Corpus Christi Tax Incentive Policy for Large Retail /Mixed Use Development and Redevelopment. CITY STAFF PRESENTER(S): Ime Title Irma Caballero Director Dept/Div Economic Development ISSUE: A policy is proposed to guide City staff in responding to requests for tax incentives for large retail /mixed use developments. Irma Caballero, Director Economic Development 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 12, 2007 AGENDA ITEM: Consideration and Possible Approval of Resolution Approving the City of Corpus Christi Tax Incentive Policy for Large Retail /Mixed Use Development and Redevelopment. ISSUE: There is a need to develop a policy to guide decisions regarding granting of tax incentives for large retail development. REQUIRED COUNCIL ACTION: Approval of the City of Corpus Christi Tax Incentive Policy for Large Retail /Mixed Use Development and Redevelopment. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Policy. Irma Caballero Director of Economic Development Attachments BACKGROUND INFORMATION The City has been asked to consider granting tax incentives for large retail development. Staff has conducted research to determine what, if any, tax incentives other cities are providing for large retail development. The research provided valuable information for the development of the proposed tax incentive policy. The Policy has 8 sections. Section I explains the intention of the policy which is to assist the City to sustain, develop and expand the local economy by promoting and encotxaging development and redevelopment projects which will enhance the City's economic base, provide jobs and create additional tax revenue. This additional tax revenue will allow for the improvement of municipal services throughout the City. Section II lists preliminary steps the City staff will use to determine if a project will be submitted for City Council consideration. Section III lists all required qualifications which must be met by the applicant. In addition other qualifying factors which may also be considered are included. Section IV lists qualifying expenditures allowed by state statute for the use of public funds. Section V lists financial requirements which include what vehicle the City may use to structure an agreement, lists hold harmless provisions, requires there be no effect on the City's bond rating, establishes the time limit for granting of incentives, states the applicant assumes all risk for the recoupment of funds spent on infrastructure should revenues fall below anticipated levels, establishes the minimum expected return on investment, and specifies that sales tax revenue will not be shared for retail stores pulled from other areas of the city and contains breach of contract /claw back provisions. Section VI describes other policy considerations. An application process is described in Section VII and a $5,000 fee is established in Section VIII. Page 1 of 2 A RESOLUTION APPROVING THE CITY OF CORPUS CHRISTI TAX INCENTIVE POLICY FOR LARGE RETAIL /MIXED USE DEVELOPMENT AND REDEVELOPMENT WHEREAS, there is a need to develop a policy to guide decisions regarding granting of tax incentives for large retail /mixed use development and redevelopment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Corpus Christi tax incentive policy for large retail /mixed use development and redevelopment attached hereto is approved. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: June 7, 2007 Ty Smith Assistant City Attorney For the City Attorney Henry Garrett Mayor li:\ LEG -DIR \Shared \GaryS \agenda\200T,6 -12\ Res -Taxi ncentivePolicyforLargeRetail .doc Page 2of2 Corpus Christi Texas of , 2007 The above resolutior was passed by the fallowing vote: Henry Garrett Melody Cooper Larry Elizondo. Sr. Mike Hummel) BSI Kelly Priscilla G. Leal John E. Marez Nelda Martinez N%chael McCutchon 1-:\ LEG -[4R \Shared \GaryS \agenda\2007 \6 -12\ Res- TaxlncentivePolicyforLargeRetail .doc City of Corpus Christi Tax Incentive Policy for Large Retail/Mixed Use Development & Redevelopment June 2007 I. Policy The City of Corpus Christi (the City) is committed to the promotion of quality development in all parts of the City and to improving the quality of life for its citizens. This policy and procedures are established in an effort to sustain, develop and expand the local economy by promoting and encouraging deveiopment and redevelopment projects that enhance the City's economic base, and diversify, expand job opportunities which will create additional local and regional revenue and enhance the City's fiscal ability to provide high quality municipal services for the safety, comfort and enjoyment of residents throughout the City. Tax incentives will be provided in accordance with the procedures and criteria outlined in this policy as authorized by Title 12 of the Local Government Code and chapter 311 of the Texas Tax Code Nothing in this policy shall imply that the City is under any obligation to provide economic incentives to any applicant Each applicant will be evaluated on the basis of individual merits. The decision to approve or deny economic incentives shall be at the sole discretion of the City Council. Each applicant granted tax incentives under this policy and procedures must enter into an agreement with the City containing all terms required by this policy and by state law to protect the pudic interest of receiving a public benefit in exchange for public funds, assets and services invested to stimulate economic development in the City. II. Procedure City staff shall use the following procedures to assess if a project utilizing tax incentives will be submitted to the City Council for approval: • A full disclosure of all incentive costs and estimates of direct and /or indirect costs related to providing services to the new facility • An economic analysis. which demonstrates that the project will yield positive net benefits to the community • A claw -back agreement to ensure that if the applicant does not comply with the agreement (e.g. makes fewer hires, or lower investment expenditures than agreed upon), reductions of the incentives will occur. • Assurance that any sales tax revenues generated by existing operations which relocate from other areas of the City to the project shall not be included in the calculation of any sales tax rebates or incentives III. Project Qualifications City talc incentives will only be considered when the applicant demonstrates that the project will not occur unless incentives are provided. Projects seeking tax incentives must, at a minimum, satisfy all the following requirements: Generate a positive economic impact to include employment, sales tax revenues to the City and ad valorem taxes that exceed the City's investment of public funds. Comply with all City master plans, zoning ordinances. building codes and other applicable City Ordinances Projects exceeding plan requirements may be considered for additional incept ves Use only new revenue generated by the facility for payment of the incentives, specifically excluding any sales tax revenues from existing stores which relocate from other areas of the City to the project. Develop a "destination /mixed use" facility. For new retail development generate no less than 500 new jobs and use reasonable efforts to make these jobs available to local residents. ei For new retail development offer a facility value of no less than $50,000,000. (This facility value requirement may vary for redevelopment projects, which will be considered on a case by case basis ) f) Use reasonable efforts to utilize local contractors and suppliers for construction of the project with a minimum goal of 30% for purchased labor and supplies. Commit to utilizing historically - underutilized (minority and women - owned) businesses wherever possible. g) h) Build or expand in a geographic location targeted for growth or development by the City Council or locate in a renewal community census tract. i) Demonstrate that significant retail sales leakage is occurring. j) Demonstrate an immediate benefit serving the public interest. k) Provide that incentive payments for any on -site private infrastructure shall not exceed 15% of the total amount of the projected investment in the project. (In no case will the City rebate more than the negotiated amount for additional infrastructure or amenities improvements. Other qualifying factors a. An expansion of the trade area will occur. b. Mixed use facilities with housing as a component of the project will be offered. c. Additional spin off economic activity will occur. d. The neighborhood in which the facility is located will be improved. e. Utilization of xeriscape and other landscaping measures to reduce water consumption. IV. Qualifying Expenditures Tax incentives shall be used to offset the following costs: • Off site public infrastructure • Public infrastructure on site • Public utilities • Underground utilities where feasible • Public spaces /facilities • Public Art • Streetscapes • Road Improvements • Landscaping • Other aesthetic improvements • Traffic signals • Street lighting • Pedestrian hardscapes • Fountains /water features • Grading • Public parking facilities • Public transit related improvements V. Financial Requirements a The City may consider the use of Tax Increment Financing (TIF), a Public Improvement District (PID) a 380 Agreement and /or any other appropriate financing vehicles or combination to provide tax incentives for eligible projects. b The applicant shah agree to hold the City, its agents, employees and public officials harmless and shall pay all attorneys' fees generated due to any dispute regarding the tax incentives. Tax incentives will not be approved if there is a negative effect on the City's municipal bond rating d Tax incentives will not be paid until the applicant has met all the eligibility requirements contained in this policy. the oroject agreement. state law, and the City's codes. • The applicant will provide financial assurance to the City that it has the capacity to complete the project as proposed f A construction period agreeable to the City shall be included in the Incentive Agreement. g For a period of not more than 25 years, the City may provide a tax incentive through rebates, grants or loans, based on a percentage of the sales and use tax received by the City from the sale of taxable items within the project area. The applicant will be required to provide sales tax information in order for the City to monitor and enforce the agreement For a period of not more than 25 years, beginning on the Ad Valorem Tax Effective Date, the City may provide payment of a portion (negotiable) of the incremental Ad Valorem tax revenues The term period of Incentive agreements may not exceed 25 years. There shall be no risk to the City should the collection of sales tax fall below projected levels. In no event shall the City be liable for payment of sales or property tax rebates that have not been generated through sales tax collections and increases in property tax revenues. Applicant shall guarantee any debt thus ensuring no liability to the City for repayment or reimbursement of costs. If pull" occurs, sales tax revenue generated by those properties shall not be included in the calculation of any sales tax rebate. A project obtaining support from other governmental entities shall be given greater consideration for tax incentives. m. The City's return on investment (ROI), shall at a minimum, equal the net present value of the amount of the original incentive provided by the City and must be realized within the agreed term of the agreement If either the City or the applicant defaults in the performance of any obligations of the agreement, the other party shall provide such defaulting party written notice of the default, and a minimum of 30 days to cure such default, prior to instituting an action for breach or pursuing any other remedy for default. If the City remains In default after notice and opportunity to cure, applicant shall have the right to pursue any remedy at law or in equity for the City's beach. If the applicant remains in default after notice and opportunity to cure, the City's remedy shall be termination of the incentive agreement and recoupment of incentives or revenues which have accrued after the date of such default. Breach of contract and notification provisions will be established in the incentive agreement. Monitoring practices will be established in the incentive agreement. VI, Other Policy Considerations The City may, at its discretion, provide expedited permitting, waivers or reductions of building permit fees. inspection fees and utility tapping fees. Additioraill consideration will be given to projects paying higher than the City's median wage for the industry/business applying for incentives. The applicant will provide a mix of both local /regional and national retailers. Any project which has, as a component of its project, the development of a business park or small business incubator serving the needs of primary employers will be given greater consideration for incentives. Any project which contains plans for proactive development of small businesses as part of the project will be given greater consideration for incentives. A positive environmental Impact must be created by the proposed project. Incorporation of a green development concept will be given greater consideration for incentives. Funds from the Corpus Christi Business and Job Development Corporation (4A) are not available for retail incentives. The City will avoid providing any incentives to a project which in the determination of the City Manaser will cause an increase in City service costs greater than the new revenues to be derived by the City from the project VII. Application Process An applicant seeking incentives must file an application for Economic Incentives before the request can be considered The application shall contain: a) Information on the project, scope and cost b) Specific incentives requested c) Company profile to include longevity of the applicant, principle officers, stockholders and clients d) Audited financial statements for the last five (5) years or a statement from their creditor regarding their credit worthiness e) Business plan f` Cost benefit analysis The City shall not grant any incentive unless the business submits a full and complete application and provides additional information as may be requested. The accuracy of the information in the application shall be verifiable by the applicant. Any misstatement of or error in fact in the application may render an application null and void and may be cause for repeal of any ordinance adopted in reliance of said information. VIII. Fee A nonrefundable application fee of $5,000 will be submitted at the same time the application for economic incentives is submitted The City at its discretion may consider waiving a portion of the fee upon request A rigorous economic impact study shall be done to evaluate the economic benefits, both direct and indirect, that will benefit local residents. The City will select the firm to do the study and the applicant requesting the economic incentives will pay the cost of the study.