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HomeMy WebLinkAboutAgenda Packet City Council - 03/23/2010irrA wtlr horrid ,110 01/111104 illi411191 Al 11:45 A.M. - Swearing -in Ceremony of City Attorney Carlos Valdez Proclamation declaring Wednesday, March 31, 2010 as "Cesar Chavez Day" 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 CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MARCH 23, 2010 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or 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 limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Ms. Margaret Serna, Spiritual Assembly Secretary, Baha'i Faith 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 Joe Adame Mayor Pro Tem Chris N. Adler Council Members: Brent Chesney City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting March 23, 2010 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of March 9, 2010. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Island Strategic Action Committee 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 AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. Ordinance appropriating $31,073.68 from the State of Texas in the No. 1061 Police Grants Fund — Law Enforcement Officer Standards and Education for training of police personnel and purchase of training equipment. (Attachment # 3) Agenda Regular Council Meeting March 23, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 4. Resolution authorizing the submission of a grant application in the amount of $100,964.38 to the State of Texas, Criminal Justice Division for Year 11 for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $40,906.69, an in -kind match of $7,200, for a total project cost of $149,071.07 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 4) 5. Resolution authorizing the submission of a grant application in the amount of $89,290.07 to the State of Texas, Criminal Justice Division for Year 11 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City match of $19,520 and $4,000 in -kind services for a total project cost of $112,810.07 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 5) 6. Motion approving the purchase of hardware, software and services to expand the Coastal Bend Regional 800 MHz Public Safety Radio System from Dailey & Wells Communications, of San Antonio, Texas based on sole source for a total expenditure of $250,000. Funds are available through the Edward Byrne Memorial Justice Assistance Grant Stimulus Funding. (Attachment # 6) 7. 8. a. Resolution authorizing the City Manager or his designee to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents. (Attachment # 7) b. Ordinance appropriating a grant of $80,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide diabetes prevention and management services. (Attachment # 7) a. Resolution authorizing the City Manager or his designee to accept a $20,987 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). (Attachment # 8) Agenda Regular Council Meeting March 23, 2010 Page 4 9. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating a $20,987 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). (Attachment # 8) a. Resolution authorizing the City Manager or his designee to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. (Attachment # 9) b. Ordinance appropriating a $5,381 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Senior Companion Program. (Attachment # 9) 10. Motion authorizing City Manager, or his designee, to execute a 17 -month lease agreement, with Wilson Plaza Associates LP, for First Floor, Suite #105, approximately 4,802 square feet of the Wilson Building, 600 Carancahua /6011 Leopard, for $4,802 monthly rental payment plus $18,250 for renovation costs. (Attachment # 10) 11. Ordinance appropriating $3,000 grant from the Texas Commission on the Arts in the No. 1067 Arts and Cultural Commission grant fund for the 2010 Festival of the Arts. (Attachment # 11) 12. Ordinance approving the transfer of $60,858 from the Maintenance Services Fund No. 5110 to and appropriating in the Visitors Facilities Fund No. 4710 for water damage repairs in the Selena Auditorium Building at the American Bank Center; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations and revenues by $60,858 each. (Attachment # 12) 13. Resolution authorizing the City Manager or his designee to execute an agreement with Dr. Colette Simon to serve as the Alternate Local Health Authority for the Public Health District. (Attachment # 13) Agenda Regular Council Meeting March 23, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 14. Motion authorizing the City Manager, or his designee, to execute a construction contract with J. S. Haren Company of Athens, Tennessee, in the amount of $141,000 for Oso Water Reclamation Plant West Plant Aeration Basins Walkway Structural Improvements. (Attachment # 14) 15. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $72,730, for a total re- stated fee of $102,030 for the Greenwood Wastewater Treatment Plant Lift Station Improvements. (Wastewater CIP 2010) (Attachment # 15) 16. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $229,110 for a total restated fee of $274,440 for design, bid, construction and additional phase services for Oso Infiltration /Inflow Related Collection System Enhancement Program and Programmed Wastewater Line Lifecycle Replacement. (Wastewater CIP 2010) (Attachment # 16) 17. Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Charles L. Benys, Attorney - in -Fact for Charles B. Benys, in the amount of $80,420, which would also require an additional $1,550 in closing costs, for the purchase of fee simple property rights to Parcel 2, containing 9,180 square feet (0.211 acres) of property owned by Charles B. Benys, located at 6008 Yorktown Boulevard, necessary for street improvements and other public purposes in connection with the Yorktown Boulevard — S. Staples to Cimarron Blvd. Street Improvement Project. (BOND ISSUE 2008) (Attachment # 17) 18. Resolution amending City Council policies adopted by Resolution No. 021901 regarding guidelines for public use of City Hall audio -video facilities after hours. (Attachment # 18) 19. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Mayor's Fitness Council. (Attachment # 19) Agenda Regular Council Meeting March 23, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 20. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, regarding membership for the Leadership Committee for Senior Services to remove Retired and Senior Volunteer Program and Senior Companion Program Representatives and expand At -Large Representatives from six to ten members. (Attachment # 20) 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. 21. Executive Session under Texas Government Code Section 551.071 for consultation with its attorney regarding City of Corpus Christi — Proposed TPDES Permit No. WQ0010401004, EPA ID No. TX0047058 (CN600131858; RN101610327), with possible discussion and action in open session. 22. Executive Session under Texas Government Code Section 551.071 regarding American GI Forum vs. City of Corpus Christi, Texas Cause No. 10- 60455 -4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 23. Executive Session under Texas Government Code Section 551.071 regarding Friends of the Coliseum vs. City of Corpus Christi, Texas Cause No. 10- 000769, in the 250th District Court, Travis County, with possible discussion and action in open session. Agenda Regular Council Meeting March 23, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) J. PUBLIC HEARINGS: PLATTING ORDINANCE AMENDMENT: 24. Public Hearing to consider and First Reading Ordinance — Amending the Corpus Christi Platting Ordinance, by revising Section IV.G.6.b), relating to fee in lieu of park land dedication; and providing for publication. The proposed amendment would set a maximum land value of $62,500 per acre that could be assessed to developers for the fee in lieu of land dedication requirement. (Attachment # 24) ZONING ORDINANCE AMENDMENT: 25. Public Hearing to consider and First Reading Ordinance amending the Corpus Christi Zoning Ordinance by adding to Section 4 -1, the "10" Zoning District, which was not listed when district was adopted, and by adding the new "CH" Zoning District; by adding a new Article 6C Title "CH" Cottage Housing District; by adding "Cottage Housing Development" as a permitted use to Sections 6B -2, 7 -2, 8 -2, 8 -A2, 9 -2, 10 -2, 11 -2, 12 -2, 12A -2, 13 -2, 14 -2, 14A -2 and 16 -2; by reformatting Section 24 -1; and by adding a new district to Section 24 -1; relating to the use, regulations, and review standards for a Cottage Housing District; providing for increased density and low- impact development on smaller lots within the City limits; amending conflicting provisions of the City's comprehensive plan; repealing conflicting ordinances; providing for penalties; providing for publication; and providing for an effective date. (Attachment # 25) ZONING CASES: 26. Case No. 0310 -02, Dominican Sisters of Thomas Aquino: A change of zoning on a 3.91 acre tract of land from the "R -1 B" One - family Dwelling District / "A -1" Apartment House District to the "B-1A" Neighborhood Business District resulting in a change of land use from Vacant Land use to Adult Day Care Center and Medical Clinic use on property described as 3.91 acre tract of land located in Hearn Tract, Block 3, Lot 1, generally located on the southwest corner of the intersection of Callicoate Road (FM RD 1694) and Hearn Road, at 12201 Hearn Road. (Attachment # 26) Agenda Regular Council Meeting March 23, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission & Staffs Recommendation: Approval of the "B -1A" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Dominican Sisters of Thomas Aquino, by changing the Zoning Map in reference to 3.91 acres out of Hearn Tract, Block 3, Lot 1, from "A -1" Apartment House District/"R-1B" One - Family Dwelling District to "B -1A" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. CONSOLIDATED ANNUAL ACTION PLAN AMENDMENT: 27. a. Public Hearing to receive comments regarding an amendment of the FY2005 and FY2006 Consolidated Annual Action Plan to reprogram $461,604 of HOME Investment Partnerships (HOME) Program funds for Nueces County Community Action Agency (NCCAA). (Attachment #27) b. Motion authorizing the City Manager or his designee to amend the FY2005 and FY2006 Consolidated Annual Action Plan pertaining to the HOME Program for NCCAA and execute all related documents. (Attachment # 27) (RECESS REGULAR COUNCIL MEETING) K. CORPORATION MEETINGS: 28. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC): (Attachment # 28) AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC) REGULAR MEETING Agenda Regular Council Meeting March 23, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) DATE: Tuesday, March 23, 2010 TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. President Nelda Martinez calls the meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Nelda Martinez, President Chris N. Adler, Vice President Joe Adame Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Mark Scott Officers `Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treas. 3. Approval of the minutes of November 17, 2009. 4. Approval of the financial report. 5. Motion authorizing the General Manager or his designee to amend the FY 2005 and FY 2006 HOME Investment Partnerships (HOME) project for Nueces County Community Action Agency (NCCAA) and to reprogram $461,604 of HOME funds for NCCAA. 6. Motion authorizing the General Manager or his designee to accept the transfer of the interim construction loan commitment from the Corpus Christi Housing Finance Corporation (CCHFC) for the Buena Vida Senior Village project and provide the entire amount of the $475,000 Interim Construction Loan to RRAH Corpus Christi, LP for the Development of Buena Vida Senior Village. 7. Public Comment 8. Adjournment Agenda Regular Council Meeting March 23, 2010 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 29. CORPUS CHRISTI HOUSING FINANCE CORPORATION (CCHFC): (Attachment # 29) AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION (CCHFC) REGULAR MEETING DATE: Tuesday, March 23, 2010 TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. CaII meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers John Marez, President 'Angel R. Escobar, General Manager Kevin Kieschnick, Vice -Pres. Armando Chapa, Secretary Joe Adame Mary Juarez, Asst. Secretary Brent Chesney Cindy O'Brien, Treasurer Larry Elizondo, Sr. Constance P. Sanchez, Asst. Treas. Chris Adler Priscilla Leal Nelda Martinez Mark Scott 3. Approval of the minutes of May 26, 2009. 4. Approval of the financial report. 5. Motion authorizing the transfer of the loan commitment to RRAH Corpus Christi, LP for the Buena Vida Senior Village project to the Corpus Christi Community Improvement Corporation (CCCIC) so that the entire $475,000 loan will be funded by the CCCIC. 6. Motion authorizing the General Manager or his designee to loan the City of Corpus Christi an amount not to exceed $575,000 to finance the acquisition and improvement of the Ward Building Parking lot to be used for Tong -term parking primarily for downtown residents. Agenda Regular Council Meeting March 23, 2010 Page 11 L. 7. Public Comment 8. Adjournment (RECONVENE REGULAR COUNCIL MEETING) REGULAR AGENDA CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 30. a. Motion authorizing the execution of a Parking Lot Management Agreement with the Corpus Christi Downtown Management District concerning the parking lot located adjacent to the Ward Building on Chaparral Street and Schatzel Street. (Attachment # 30) b. Resolution authorizing the borrowing of up to $575,000 from the Corpus Christi Housing Finance Corporation in connection with financing the acquisition and renovation of the parking lot located adjacent to the Ward Building on Chaparral Street and Schatzel Street. (Attachment # 30) 31. Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with JEC Architects, Inc. of Corpus Christi, Texas in the amount of $228,800, for preliminary design, design, bidding, and construction phase services and additional services for Cole Park Renovations and Improvements. (BOND ISSUE 2008) (Attachment # 31) 32. Ordinance imposing a temporary 180 -day moratorium on the requirement in Section 27- 3.07.01 of the Zoning Ordinance of the City of Corpus Christi, Texas, to screen trash areas on any lot used for business or multi - family purposes from street, public and neighboring views; providing for publication; providing an effective date. (Attachment # 32) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 33. Clean City / Pride Committee Action Plan (Attachment # 33) ,^,,Corpus Christi Agenda Regular Council Meeting March 23, 2010 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. CITY MANAGER'S COMMENTS: (NONE) P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin bgard at the front entrance to City Hall, 1201 Leopard Street, at o7 • `t p.m., on March 18, 2010. Armando Chapa City Secretary Agenda Regular Council Meeting March 23, 2010 Page 13 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 on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. MARCH 23, 2010 12:00 P.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act, of the following addition to the agenda of the City Council to be considered at the above meeting: O. CITY MANAGER'S COMMENTS: Update on Proposed Water Theme Park Concept POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ~~ a.m. /~ March 19, 2010. Armando Chapa City Secretary City Council Goals 2009 -2011 RIDE orpus Christi Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 9, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Chris N. Adler Council Members: Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott City Staff: City Manager Angel R. Escobar Interim City Attorney Lisa Aguilar City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Kenneth Mutchlerwith Immanuel Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of February 23, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame referred to Item 2 and the following board appointments were made: Committee for Persons with Disabilities Museum of Science and History Advisory Committee Darren Bates (Appointed) Scott Sutherland (Appointed) * * * * * * * * * * ** Mayor Adame referred to Item 20 regarding an update on Census 2010 and the Coastal Bend State Veterans' Cemetery Corpus Christi Project by Nueces County Commissioner Betty Jean Longoria. Commissioner Longoria introduced census representatives Joel Yowell and Vangie Chapa. Ms. Longoria stated that this presentation was to notify the public that the census forms will be in the mail starting March 15th. Mr. Yowell encouraged citizens to fill out their census forms. Ms. Chapa stated that rural communities and individuals with post office boxes will receive their census forms at their physical address. Ms. Chapa informed the Council and the public that it is important to return the census forms because the results of the census count determines representation in the House of Representatives; redistricting; and funding. Commissioner Longoria provided a brief history of the Coastal Bend Veterans' Cemetery Corpus Christi Project. Ms. Longoria provided a site plan of the project and stated that the project would go out for bid next week with a projected groundbreaking in May or June. Council Member Leal thanked Commissioner Longoria for her service to the community and the veterans. * * * * * * * * * * * ** Minutes — Regular Council Meeting March 9, 2010 — Page 2 Mayor Adame called for consideration of the consent agenda (Items 3 - 10). City Secretary Chapa announced that Item 6.b. was postponed by staff. Mr. Chapa also announced that Council Member Scott would abstain from the discussion and vote on Item 8. Mr. Johnny French requested that Item 9 be pulled for individual consideration. Council Member Kieschnick requested that Item 9 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. ORDINANCE NO. 028499 Ordinance authorizing the City Manager, or his designee, to execute a three -year contract and lease agreement with Susan Shelby Torrance (Pro) for tennis operations at the Al Kruse Tennis Center in consideration of Pro paying the city 5% of Pro and lesson revenue, and collecting and forwarding city revenue to city in return for Pro's exclusive use of tennis center, and city paying Pro $3,166 per month for Pro operating tennis center. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4. RESOLUTION NO. 028500 Resolution authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement, in the amount of $10,000, with the University of Texas Marine Science Institute (UTMSI), for UTMSI to provide monitoring of the Gulf of Mexico beaches from the North Jetty of Packery Channel to the City of Corpus Christi city limits for turtles during sea turtle nesting season, March 15 to September 30. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5.a. RESOLUTION NO. 028501 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $15,000 from the Texas Department of State Health Services for funding eligible under the Governor's Advisory Council on Physical Fitness (GACPF) and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5.b. ORDINANCE NO. 028502 Ordinance appropriating $15,000 from the Texas Department of State Health Services fund in the No. 1071 Community Enrichment Fund, to be used for encouraging, promoting, and enhancing healthy living through organized sports, events, diet and everyday activity all with a strong emphasis on using our natural resources. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting March 9, 2010 — Page 3 6.a. RESOLUTION NO. 028503 Resolution authorizing the City Manager or his designee to execute an agreement with Dr. William Burgin, Jr., to serve as the Local Health Authority for the Public Health District. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.b. POSTPONED BY STAFF Colette Simon to serve as the Alternate Local Health Authority for the Public Health District. 7. MOTION NO. 2010 -048 Motion authorizing the City Manager, or his designee, to execute a construction contract with Holloman Corporation of Converse, Texas in the amount of $246,906 for Mary Rhodes Pipeline Cathodic Protection 2010 for the Total Base Bid (Water Fund Capital Outlay). The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8. MOTION NO. 2010 -049 Motion authorizing the City Manager, or his designee, to execute a Real Estate Sales Contract with Corpus Christi Independent School District in the amount of $72,600 plus $1,300 in closing costs for the purchase of fee simple property rights to 2.42 acres of vacant land owned by CCISD on Paul Jones Avenue, north of and adjacent to the City's South Guth Ball Field complex for recreational and other public purposes in connection with the South Guth Ball Field Relocation Project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott abstained. 10. ORDINANCE NO. 028504 Amending the Comprehensive Plan of the City of Corpus Christi, by amending the Corpus Christi Urban Transportation Plan (as adopted by Ordinance No. 025251), and thereafter amended by Ordinances 026278 and 026402) and the Corpus Christi Future Land Use Plan (as adopted by Ordinance 026278) for the City and its extraterritorial jurisdiction; establishing a Unified Future Land Use and Transportation Plan for coordination of land use zoning subdivision development and Capital Improvements consistent with the public interest; amending related elements of the Comprehensive Plan of the city; and providing for publication. (First Reading - 02/23/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 9 regarding an ordinance amending parking on Windward Drive. Council Member Kieschnick asked how the curfew would be enforced. Interim Director of Parks and Recreation Stacie Talbert stated that signage would be placed to notify the Minutes — Regular Council Meeting March 9, 2010 — Page 4 public when the curfew is in effect. Mr. Kieschnick stated that he recommended removing the curfew altogether. In response to Council Member Leal, Ms. Talbert stated that the Park and Recreation Department was responsible for placing the permanent signage. Assistant City Attorney Jay Reining explained that once the beach is closed, there will not be a curfew until the beach is re- nourished to allow the parking spaces to be available to the public. Mr. Reining added that once the re- nourishment project is complete, the curfew signs will be placed and in effect. Mr. Reining provided a background of the problems that were occurring in the parking lot that led to staffs recommendation in 2008 to enforce a curfew. Johnny French, 4417 Carlton, stated that the curfew is a violation of state law which restricts preventing vehicular access to any portion of the beach. Mr. French provided information on the conditions established by the Texas General Land Office (GLO) regarding the curfew that was established in May 2008. Mr. French asked the Council to remove the signage and curfew. Based on comments made by Mr. French, Council directed staff to investigate whether this ordinance is in violation to the GLO's conditions. Mr. Kieschnick made a motion to table Item 9 until the City receives clarification from the Texas General Land Office (GLO). The motion was seconded by Ms. Leal. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9. TABLED Ordinance amending Section 33 16, Code of Ordinances, City of Corpus Christi, to allow parking on the Seawall Parking Lot on Windward Drive when any portion of beach seaward of the concrete portion of the Padre Island Seawall is closed to vehicular traffic; providing for penalties; providing for publication. * * * * * * * * * * * * * Mayor Adame announced the executive sessions, which were listed on the agenda as fol lows: 11. Executive Session under Texas Government Code Section 551.071 regarding Pablo Vela vs. City of Corpus Christi, Texas, Cause No. 07- 60564 -3, in the County Court at Law Number 3, Nueces County, Texas, with possible discussion and action in open session. 12. Executive Session under Texas Government Code Section 551.071 for consultation with its attorney regarding City of Corpus Christi — Proposed TPDES Permit No. WQ0010401004, EPA ID No. TX0047058 (CN600131858; RN101610327), with possible discussion and action in open session. 13. Executive Session under Texas Government Code Section 551.074 regarding an appeal by Michael Rodriguez, concerning a decision by the Civil Service Board, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: Minutes — Regular Council Meeting March 9, 2010 — Page 5 11. MOTION NO. 2010 -052 Moticn to authorize the City Manager to execute a Release & Settlement of Cause #07- 60564-3; Pablo Vela vs. City of Corpus Christi; in the County Court at Law Nc. 3; Nueces County, Texas, in the amount of $80,000, subject tc certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 13. MOTION NO. 2010 -053 Motion to deny Michael Rodriguez' appeal of the decision of the Civil Service Board. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal abstained. * * * * * * * * * * ** MayorAdame referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following wastewater acreage fee exemption: Assistant City Manager of Development Services Johnny Perales reported that Mr. Martin Hameka, developer, is requesting the exemption from wastewater acreage fees for Margaret Kelly Land, Tract 3, Lot 1.Mr. Perales stated that staff and the Planning Commission have determined that wastewater services will not be available to the area within the 15 -year timeframe and recommend waiving of the sanitary sewer requirements. No one appeared in opposition to the wastewater acreage fee exemption. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 028505 Ordinance exempting Margaret Kelly Land, Tract 3, Lot 1 subdivision from the payment of wastewater lot or acreage fees under Section V.B.6.1) of the Platting Ordinance; requiring the owner /developer to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. MayorAdame referred to Item 15 regarding a public hearing on the cottage housing district. Mayor Adame announced that staff is requesting to postpone Item 15 until March 23, 2010. Mr. Scott made a motion to table Item 15 until March 23, 2010. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. 15. POSTPONED UNTIL MARCH 23, 2010 Minutes — Regular Council Meeting March 9, 2010 — Page 6 Title "CH" Cottage Housing District; by adding "Cottage Housing Development" as a Section 24 1; relating to the use, regulations, and review standards for a Cottage Hou -sing District; providing for increased density and low impact development on smaller lots within the City limits; amending conflicting provisions of the City's comprehensive plan; repealing conflicting ordinances; providing for penalties; providing for publication; and providing for an effective date. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 16 regarding the Weatherization Assistance Program. Director of Neighborhood Services Eddie Ortega stated that this item is requesting that the Council ratify, accept and appropriate an award in the amount of $1,581,737 from the Department of Housing and Community Affairs for a Weatherization Assistance Program. Mr. Ortega referred to a powerpoint presentation including a background; weatherization program facts; eligible use of funds; income guidelines; ineligible use of funds; home energy audits; energy auditing tips; air sealing; and a breakdown of the typical energy usage in a home. The following topics pertaining to this item are discussed: assistance for heating, air conditioning and water heaters and how applicants can apply for assistance. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16.a. RESOLUTION NO. 028506 Resolution ratifying the acceptance of a funding award in the amount of $1,581,737 from the Texas Department of Housing and Community Affairs for the Weatherization Assistance Program effective September 1, 2009 and authorizing the City Manager or his designee to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 16.b. ORDINANCE NO. 028507 Ordinance appropriating $1,581,737 in the No. 1059 Grant Fund for the Weatherization Assistance Program (WAP). An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 17 regarding the Salt Flats Levee System. Director of Engineering Services Pete Anaya explained that this item is requesting the approval of the funding and award of a contract for the Salt Flats Levee System. Mr. Anaya referred to a powerpoint presentation including a background; project scope; map of the levee system; project schedule; and funding. Minutes — Regular Council Meeting March 9, 2010 — Page 7 The following topics pertaining to this item were discussed: the option of bringing the issue to voters to consider reallocating the remaining seawall funds to develop a street maintenance plan; the priority list of seawall projects approved by the Corpus Christi Business and Job Development Corporation; the barge dock; costs projections; the fund balance in the seawall fund; and other considerations that FEMA could require for re- certification of the salt flats levee system. Mr. Anaya stated that staff would provide a memo to council outlining the process to repeal the sales tax; a prioritization list of the seawall projects including the justification for each project; and cost projections. David Loeb, representative of the Downtown Management District, spoke in support of the improvement to the Salt Flats Levee System. City Secretary Chapa polled the Council for their votes as follows: 17.a. RESOLUTION NO. 028508 Resolution approving the Corpus Christi Business and Job Development Corporation's expenditure of $1,100,000 of the Corporation's Seawall Funds for the Salt Flats Levee System — Phase 1 project; authorizing amendment of the Corporation's budget; and approving a Seawall Project Agreement between the Corporation and the City of Corpus Christi for the Salt Flats Levee System —Phase 1 Project. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 17.b. ORDINANCE NO. 028509 Ordinance appropriating $1,100,000 from Corpus Christi Business and Job Development Corporation in the No. 3271 Seawall Systems CIP Fund for Salt Flats Levee System -Phase 1 Project. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 17.c. MOTION NO. 2010 -050 Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $303,054 for preliminary design, design, bid and construction phase services, and additional services for the Salt Flats Levee System — Phase 1 Project for Federal Emergency Management Association (FEMA) recertification. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 18 regarding the Mary Rhodes Pipeline Phase 2 project. Director of Engineering Services Pete Anaya introduced Mike Nichols with Freese and Nichols, Inc who was available to respond to questions. Mr. Anaya referred to a powerpoint presentation including the council goal to have the project "shovel ready" by December 2011; the Minutes — Regular Council Meeting March 9, 2010 — Page 8 procurement process; funding available; the project schedule; and staff's recommendation. Mr. Nichols provided a brief overview of Freese and Nichols' commitment to the project; the local participation; and local team partners. The following topics pertaining to this item were discussed: Freese and Nichols Inc.'s commitment to have 75% local participation; the work spread among other Corpus Christi engineering firms; and meeting with the stakeholders. Mayor Adame called for comments from the audience. Wilson Wakefield, 6026 Killarmet, asked questions regarding where the water was coming from for this project. Sheila Cudd, 7106 Fort Collins, asked why the City was spending money on a pipeline when water may not be there. Carolyn Moon, 4902 Calvin, spoke regarding the cost and funding of the project. Council Member Marez directed staff to provide the water level update information online. City Secretary Chapa polled the Council for their votes as follows: 18.a. RESOLUTION NO. 028510 Resolution establishing the City's intention to reimburse itself, in an amount not to exceed $8,000,000, for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to the Utility System; authorizing matters incident and related thereto; and providing an effective date. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 18.b. ORDINANCE NO. 028511 Ordinance advancing $8,000,000 from Fund No. 4050 - Choke Canyon Fund to and appropriating into the No. 4087 Water2010 TWDB -WIF Loan fund for expenditures related to the planning, design, and permitting of a pipeline and related facilities between the Colorado River and the Mary Rhodes Pipeline pumping facility at Lake Texana; providing for repayment of the $8,000,000 to Fund No. 4050- Choke Canyon Fund from proceeds from the sale of bonds to the Texas Water Development Board. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adarne, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 18.c. MOTION NO. 2010 -051 Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $9,676,590, fora total restated fee of $10,990,177 for Mary Rhodes Pipeline Phase 2 for preliminary design, design, bidding and construction phase services and additional services. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting March 9, 2010 — Page 9 Mayor Adame opened on Item 19 regarding the Texas Utility Revenue Improvement Bonds, Series, 2010. Interim Assistant City Manager Cindy O'Brien stated that this ordinance authorizes the issuance of $8,000,000 of the City's utility system revenue improvement bonds. Ms. O'Brien provided a brief background and stated that the Texas Water Development Beard will purchase the bonds that the City issues. Ms. O'Brien introduced Financial Advisor Mark Seal with M.E. Allison and Bond Council Jeff Kuhns with Fulbright and Jaworski. Mr. Seal spoke regarding the financing of the project and reported that the interest rate from the Texas Water Development Board is 2.34 %. Mayor Adame called for comments from the audience. Carolyn Moon, 4902 Calvin, and Wilson Wakefield, 6026 Killarmet, spoke regarding the City borrowing money for this project. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 028512 Ordinance authorizing the issuance of $8,000,000 "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010 "; providing the terms, conditions, and specifications for such bonds, including the approval of an application to the Texas Water Development Board; making provisions for the payment and security thereof on a parity with certain currently outstanding obligations; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; authorizing the execution of a paying agent/registrar agreement and an escrow agreement; complying with the requirements of the depository trust company; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * * * Mayor Adame called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke regarding graffiti and the City taking care of City property. Gail Goo, 1914 Tara, spoke regarding the preservation of the Memorial Coliseum as a public space and in opposition to demolition. Ms. Goo asked the Council to reconsider the demolition plan. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant. Brad Horner provided a letter from landowners requesting the pavement of McIver Street from Matlock to SPID. Alicia Benavidez, 7252 Mansion, spoke regarding the historical and architectural value of the Memorial Coliseum. Ray Madrigal, 6717 Everhart, spoke in support of George Glower's plan for the Memorial Coliseum and asked the Council to reconsider demolition of the Coliseum. Kay Marie Donovan, 621 Atlantic Street, spoke regarding the Memorial Coliseum and stated that she has not seen any documentation that the structure should be condemned because it is unsafe. Elizabeth Babcock, 332 Clifford, asked the Council to recycle the Memorial Coliseum and support the open air structure. Abel Alonzo, 1701 Thames, stated that the community is divided on the issue of the Memorial Coliseum and that the way to support veterans is to go out and vote. Ann Smith, 1005 Meadowbrook, asked the Council to reconsider the decision to demolish the Memorial Coliseum. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3:28 p.m. on March 9, 2010. * * * * * * * * * * * ** a. ISLAND STRATEGIC ACTION COMMITTEE — Thirteen (13) members with terms to 3 -23 -12 and 3 -23 -13 representing the following categories: 1- member nominated by the Padre Isles Property Owners Association, 1- residential property owner who owns property and resides on Mustang or Padre Island, 1- commercial property owner who owns property and operates a business on Mustang or Padre Island; 1 — developer of property on Mustau or Padre Island; 1 — member nominated by the Padre Island Business Association, 1- architect or professional engineer, who does work on projects on Mustang or Padre Island, 1- realtor. who primarily represents buyers or sellers of property on Mustang or Padre Island, 1- construction contractor, who primarily works on projects on Mustang or Padre Island; 1- representative of an environmental group, and 4- at large representatives who are residents of the City. Of the initial members, seven (7) members shall serve a three -year term and six (6) members shall serve a two -year term, as determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be three (3) years. DUTIES: To advise the Mayor and City Council on development and implementation of the Mustang -Padre Island Area Development Plan. The Committee shall develop specific strategies for implementation of the Mustang -Padre Island Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. COMPOSITION: The committee shall consist of thirteen (13) members appointed by the City Council. The membership must include: 1- member of the Padre Isles Property Owners Association, who has been nominated by the association; 1- residential property owner who owns property and resides on Mustang or Padre Island; 1- commercial property owner who owns property and operates a business on Mustang or Padre Island; 1- developer of property on Mustang or Padre Island; 1- member of the Padre Island Business Association, who has been nominated by the association; 1- architect or professional engineer, who does work on projects on Mustang or Padre Island; 1- realtor, who primarily represents buyers or sellers of property on Mustang or Padre Island; 1- construction contractor, who primarily works on projects on Mustang or Padre Island; 1- representative of an environmental group; 4- at large representatives who are residents of the City. Not less than twelve (12) members must reside or own property on Mustang or Padre Island. One (1) of the at -large representatives may, but is not required to, reside on Mustang or Padre Island. The City Council may appoint not more than four (4) members of the action committee who do not reside within the City if they own or represent the owner of property on Mustang or Padre Island. NOTE: THIS IS A NEW COMMITTEE AND ALL POSITIONS ARE VACANT. ALL APPLICANTS ARE ISLAND RESIDENTS OR ISLAND PROPERTY OWNERS, EXCEPT AS NOTED. INDIVIDUALS EXPRESSING INTEREST PADRE ISLES PROPERTY OWNERS ASSOCIATION (One Vacancy - Nominated by Association) David D. Kurz, Ph.D Professor of Psychology, Del Mar College. Activities include: Padre Isles Property Owners Association, Board of Directors. Previously Served on the POA Architectural Control Committee and the Homeowners Advisory Committee. (2 -5 -10) PADRE ISLAND BUSINESS ASSOCIATION (One Vacancy- Nominated by Association) John A. White, Sr. REALTOR (One Vacancy) Gabriele Hilpold Tim Teas Chairman, Padre Isles Property Owners Association Beautification Trust. Activities include: Padre Island Business Association - President, Commodore Padre Island Yacht Club, Park Board Commissioner, Nueces County Park Board, Padre Island Kiwanis and Rotary Clubs. (1- 28 -10) Self - Employed/Realtor, President, Consulting Services, USA. Activities include: Convention and Visitors Bureau Marketing Committee, Economic Stimulus Committee, Island Task Force, Padre Isles Property Owners Association, Island Foundation, Padres Isles Country Club and Seashore Learning Center. (2- 18 -10) Owner/Broker, REMAX Metro Properties, REMAX Padre Island. Received BBA and MBA from Texas A &M University - Corpus Christi. (2- 17 -10) REPRESENTATIVE OF ENVIRONMENTAL GROUP (One Vacancy) Charles Mader Nick Meyer Partner, Realty World Investments, LLC and Realtor. Received BBA in Marketing from University of Houston. Activities include Saltwater- Fisheries Enhancement Association, Kiwanis Club of Padre Island, Padre Island Business Association, CCA, Big Brother Big Sisters Fishing Tournament Committee, Billings /Clems Boat Ramp Improvement Committee, and Annual Beach Cleanup. Recipient of 2009 Kiwanian of the Year. (3 -5 -10) President, Breakaway Tackle. Auxiliary Coast Guard. Attended College at Ipswich, Suffolk, England. Activities include: Citizens for Access and Conservation and Shore Fishing and Casting Club International. Lifeguard and Yachtmaster. (2- 26 -10) ARCHITECT OR PROFESSIONAL ENGINEER (One Vacancy) Daniel Grimsbo Utility Energy Manager Supervisor, Department of the Navy. Received Bachelor of Science of Civil Engineering from The Citadel, Master of Science Business Organizational Management from University of La Verne and master of Urban Planning from University of Illinois. Licensed Professional Engineer and Certified Planner. Activities include: Society of American Military Engineers, Habitat for Humanity, Red Cross Bash, Food Bank and Air Shows. (3- 10-10) Taylor Mauck Lyle Smitson Craig B. Thompson, P.E. Ronald A. Voss Project Architect, Island Architects, Inc. Received Bachelor of Fine Arts in Architecture from University of Texas -San Antonio. Served on Zoning Board of Adjustment. Activities include: Texas Society of Architects and American Institute of Architects. (1- 27 -10) lNon Island Resident) Vice President, Telecommunications Division Consultant, Consulting 4 Solutions. United States Air Force Veteran. Received Degree in Business Administration from California State University at Los Angeles, California and Attended Cleveland Institute of Electronics. (2- 11 -10) Vice President/Project Engineer, Naismith Engineering, Inc. Received BS in Civil Engineering from Texas A &M University. Currently Serves on the Landmark Commission. (2- 25 -10) (Non Island Resident) President/Owner, Voss Engineering, Inc. and Live Oak Construction, Inc. Received BS from Texas A &M University. Activities include: Builders Association of Corpus Christi, Texas Society of Professional Engineers, American Society of Civil Engineers, and Texas Society of Professional Land Surveyors. (2- 24 -10) CONSTRUCTION CONTRACTOR (One Vacancy) Robert Bryan Gulley, DDS Jimmy B. Johnston Martin Kroesche Lyle Smitson Self - Employed, Oral and Maxillofacial Surgeon. Graduate of University of Texas at Austin and University of Texas Health Science Center at San Antonio. Part Owner /Operator of Dolphin Docks Marina. (2- 24 -10) Owner, Mr. J & Sons Construction, Inc. Retired United States Military. Activities include: Army Aviation Association — Corpus Christi Army Depot Chapter, Padre Island Home Owners Association, Padre Island Business Association and Padre Island Task Force Committee. (2 -26- 10) President, Coastal Offshore, Inc and MKE Construction. Activities include: Padre Isles Property Owners Association - Island Beautification Projects, BBBS Tournament Board and Padre Island Business Association. (3 -8 -10) Vice President, Telecommunications Division Consultant, Consulting 4 Solutions. United States Air Force Veteran. Received Degree in Business Administration from California State University at Los Angeles, California and Attended Cleveland Institute of Electronics. (2- 11 -10) Jodi Steen President, JRS Ventures, Inc./Newport Custom Homes. Received BBA in Finance and Marketing. Graduate of Leadership Corpus Christi. Currently Serves on the Corpus Christi Community Improvement Corporation/Loan Review Committee. Activities include: Art Museum of South Texas. Formerly Served on Builders Association of Corpus Christi. (1- 26 -10) DEVELOPER (One Vacancy) Robert Bryan Gulley, DDS Gabriele Hilpold Self- Employed, Oral and Maxillofacial Surgeon. Graduate of University of Texas at Austin and University of Texas Health Science Center at San Antonio. Part Owner /Operator of Dolphin Docks Marina. (2- 24 -10) Self - Employed/President, Consulting Services USA. Activities include: Convention and Visitors Bureau Marketing Committee, Economic Stimulus Committee, Island Task Force, Padre Isles Property Owners Association, Island Foundation, Padres Isles Country Club and Seashore Learning Center. (2- 18 -10) Martin Kroesche President, Coastal Offshore, Inc and MKE Construction. Activities include: Padre Isles Property Owners Association - Island Beautification Projects, BBBS Tournament Board and Padre Island Business Association. (3 -8 -10) Darlene Louk Vice President, Forestar Group, Inc. Received MBA in Finance from St. Edwards University. Activities include: Real Estate Council, Padre Island Business Owners Association (Affiliation) and ARC Turtle Hatching Event. (3- 2-10) (Non City Resident) Jyoti Rakesh Patel Self- Employed, Hotel Owner/Developer / General Manager. Received BS from Stephen F. Austin University in Nacogdoches, Texas. Currently Serves on the Corpus Christi Convention and Visitors Bureau. Activities include: Greater Corpus Christi Hotel Association. (3 -9 -10) Paul Schexnailder President, Asset Development Corporation. Partner, Gulfshores JV. Received BS in Business. (3- 10 -10) (Non City Resident) Gregory Smith Jeff Smith CEO, Pioneer RV Resorts. Owner of Dunn Ranch House. Attended the University of Texas. Activities include: Padre Island Pacers. (1- 28 -10) Self - Employed. Owner, Duncan Cemetery. Real Estate Broker. Received BBA from University of Texas at Austin. Activities include: Corpus Christi CCA and Flour Bluff Business Association. (2- 17 -10) Jodi Steen Ronald A. Voss President, JRS Ventures, Inc./Newport Custom Homes. Received BBA in Finance and Marketing. Graduate of Leadership Corpus Christi. Currently Serves on the Corpus Christi Community Improvement Corporation Loan Review Committee. Activities include: Art Museum of South Texas. Formerly Served on Builders Association of Corpus Christi. (1- 26 -10) President/Owner, Voss Engineering, Inc. and Live Oak Construction, Inc. Received BS from Texas A &M University. Activities include: Builders Association of Corpus Christi, Texas Society of Professional Engineers, American Society of Civil Engineers, and Texas Society of Professional Land Surveyors. (2- 24 -10) COMMERCIAL PROPERTY OWNER (One Vacancy) Norm Baker Robert Bryan Gulley, DDS Gabriele Hilpold Jimmy B. Johnston Martin Kroesche Darlene Louk Owner, Estoy Pronto, Inc. Received a BS in Business. Activities include: Island United Political Action Committee and Padre Island Business Association. (1- 28 -10) Self- Employed, Oral and Maxillofacial Surgeon. Graduate of University of Texas at Austin and University of Texas Health Science Center at San Antonio. Part Owner /Operator of Dolphin Docks Marina. (2- 24 -10) Self - Employed/President, Consulting Services USA. Activities include: Convention and Visitors Bureau Marketing Committee, Economic Stimulus Committee, Island Task Force, Padre Isles Property Owners Association, Island Foundation, Padres Isles Country Club and Seashore Learning Center. (2- 18 -10) Owner, Mr. J & Sons Construction, Inc. Retired United States Military. Activities include: Army Aviation Association — Corpus Christi Army Depot Chapter, Padre Island Home Owners Association, Padre Island Business Association and Padre Island Task Force Committee. (2 -26- 10) President, Coastal Offshore, Inc and MKE Construction. Activities include: Padre Isles Property Owners Association - Island Beautification Projects, BBBS Tournament Board and Padre Island Business Association. (3 -8 -10) Vice President, Forestar Group, Inc. Received MBA in Finance from St. Edwards University. Activities include: Real Estate Council, Padre Island Business Owners Association (Affiliation) and ARC Turtle Hatching Event. (3- 2-10) (Non City Resident) Jyoti Rakesh Patel Self - Employed, Hotel Owner /Developer/ General Manager. Received BS from Stephen F. Austin University in Nacogdoches, Texas. Currently Serves on the Corpus Christi Convention and Visitors Bureau. Activities include: Greater Corpus Christi Hotel Association. (3 -9 -10) Teresa Ranly Vice President/Branch Manager, San Jacinto Title of Texas, LLC. Received BBA from Texas A &M University. Activities include: Padre Island Task Force Committee, Padre Island Business Association, Leeward Isles Board of Directors, TLTA, TREC and TAR. (3 -8 -10) Paul Schexnailder President, Asset Development Corporation. Partner, Gulfshores JV. Received BS in Business. (3- 10 -10) (Non City Resident) Gregory Smith Jeff Smith Jodi Steen Tim Teas John Trice CEO, Pioneer RV Resorts. Owner of Dunn Ranch House. Attended the University of Texas. Activities include: Padre Island Pacers. (1- 28 -10) Self- Employed. Owner, Duncan Cemetery. Real Estate Broker. Received BBA from University of Texas at Austin. Activities include: Corpus Christi CCA and Flour Bluff Business Association. (2- 17 -10) President, JRS Ventures, Inc./Newport Custom Homes. Received BBA in Finance and Marketing. Graduate of Leadership Corpus Christi. Currently Serves on the Corpus Christi Community Improvement Corporation/Loan Review Committee. Activities include: Art Museum of South Texas. Formerly Served on Builders Association of Corpus Christi. (1- 26 -10) Owner /Broker, REMAX Metro Properties, REMAX Padre Island. Received BBA and MBA from Texas A &M University - Corpus Christi. (2- 17 -10) Self - Employed, Real Estate Investor. Retired President Frost Bank - ,Padre Island Market. Activities include: Corpus Christi Convention and Visitors Bureau, Nueces County Park Board, and Advisory Director Frost National Bank. (2- 26 -10) RESIDENTIAL PROPERTY OWNER (One Vacancy) James (Jim) Abram Self- Employed, Air Traffic Control Systems Consulting. Received a BS in Aeronautics and a MS in Aviation Management. (3 -2 -10) Norm Baker Owner, Estoy Pronto, Inc. Received a BS in Business. Activities include: Island United Political Action Committee and Padre Island Business Association. (1- 28 -10) Martha J. Gollihar -Wild Resource Facilitator, Trisun Healthcare. Received Bachelors of Arts in Teaching/Psychology. Activities include: Rotary Club. (3 -1 -10) Daniel Grimsbo Utility Energy Manager Supervisor, Department of the Navy. Received Bachelor of Science of Civil Engineering from The Citadel, Master of Science Business Organizational Management from University of La Verne and master of Urban Planning from University of Illinois. Licensed Professional Engineer and Certified Planner. Activities include: Society of American Military Engineers, Habitat for Humanity, Red Cross Bash, Food Bank and Air Shows. (3- 10-10) Robert Bryan Gulley, DDS J.J. Hart Gabriele Hilpold Jimmy B. Johnston Susan Kocian Self - Employed, Oral and Maxillofacial Surgeon. Graduate of University of Texas at Austin and University of Texas Health Science Center at San Antonio. Part Owner /Operator of Dolphin Docks Marina. (2- 24 -10) Self - Employed, Equity Trader. Received BA from Cornell University and MBA from University of Chicago. Activities include: Island United Political Action Committee, PATCH - Ritz Theatre Restoration, and Destination Bayfront. (2 -5 -10) Self - Employed/President, Consulting Services USA. Activities include: Convention and Visitors Bureau Marketing Committee, Economic Stimulus Committee, Island Task Force, Padre Isles Property Owners Association, Island Foundation, Padres Isles Country Club and Seashore Learning Center. (2- 18 -10) Owner, Mr. J & Sons Construction, Inc. Retired United States Military. Activities include: Army Aviation Association — Corpus Christi Army Depot Chapter, Padre Island Home Owners Association, Padre Island Business Association and Padre Island Task Force Committee. (2 -26- 10) Co- Owner, Service Master. Activities include: Corpus Christi Association of Realtors, Corpus Christi Chamber of Commerce and Padre Island Business Association (Affiliate Member). (1- 27 -10) Martin Kroesche Colleen McIntyre President, Coastal Offshore, Inc and MKE Construction. Activities include: Padre Isles Property Owners Association - Island Beautification Projects, BBBS Tournament Board and Padre Island Business Association. (3 -8 -10) Volunteer Math Teacher and Academic Coach, Seashore Middle Academy. Received a Bachelors Degree in Mathematics /Secondary Education from Texas A &I University at Kingsville, Texas and a Masters Degree in Curriculum and Supervision from Texas A &M University - Corpus Christi. Activities include: Island Foundation, Island United Political Action Committee, and Voyage Solar System Committee. (1- 28 -10) Charles Mader Partner, Realty World Investments, LLC and Realtor. Received BBA in Marketing from University of Houston. Activities include Saltwater- Fisheries Enhancement Association, Kiwanis Club of Padre Island, Padre Island Business Association, CCA, Big Brother Big Sisters Fishing Tournament Committee, Billings /Clems Boat Ramp Improvement Committee, and Annual Beach Cleanup. Recipient of 2009 Kiwanian of the Year. (3 -5 -10) Charles Marschall Retired, Chief, Engineering Branch, Region IV of United States Nuclear Regulatory Commission. Received BS in Engineering Physics. Activities include: Island United Political Action Committee and Corpus Christi Tactical Action Committee. (2- 17 -10) Casey L. Meredith Support Services Specialist, Defense Logistics Agency. Served in the United States Army. Received BS in Political Science from Texas A &M University - Kingsville and Masters in Public Administration from Texas A &M University - Corpus Christi. (3- 16 -10) Nick Meyer President, Breakaway Tackle. Auxiliary Coast Guard. Attended College at Ipswich, Suffolk, England. Activities include: Citizens for Access and Conservation and Shore Fishing and Casting Club International. Lifeguard and Yachtmaster. (2- 26 -10) Jyoti Rakesh Patel Self - Employed, Hotel Owner/Developer / General Manager. Received BS from Stephen F. Austin University in Nacogdoches, Texas. Currently Serves on the Corpus Christi Convention and Visitors Bureau. Activities include: Greater Corpus Christi Hotel Association. (3 -9 -10) Pete S. Pruneda Teresa Ranly Linda Sharlow Jeff Smith Nita Smith Lyle Smitson Rick Sowash Jodi Steen Branch President, Prosperity Bank. Received BA in Political Science and Spanish from Texas State University and Juris Doctorate from St. Mary's University School of Law. Activities include: KEDT Auction and American Heart Association. (3 -2 -10) Vice President/Branch Manager, San Jacinto Title of Texas, LLC. Received BBA from Texas A &M University. Activities include: Padre Island Task Force Committee, Padre Island Business Association, Leeward Isles Board of Directors, TLTA, TREC and TAR. (3 -8 -10) Webmaster and Secretary, Ranch Association Edwards County, Texas. Received BA in Industrial Technology and MBA in Marketing. Past Chairman of Architectural Control Committee -Padre Island. Formerly Served on Tolland Education Association/Public Relations Board -State of Connecticut. (3 -1 -10) Self - Employed. Owner, Duncan Cemetery. Real Estate Broker. Received BBA from University of Texas at Austin. Activities include: Corpus Christi CCA and Flour Bluff Business Association. (2- 17 -10) Retired. Formerly Co -Owner of Applied Practice. Received BA in History and English and Masters of Education from University of Texas at Austin. Activities include: Citizens Access and Conservation, PAC and IUPAC. (3 -1 -10) Vice President, Telecommunications Division Consultant, Consulting 4 Solutions. United States Air Force Veteran. Received Degree in Business Administration from California State University at Los Angeles, California and Attended Cleveland Institute of Electronics. (2- 11 -10) Partner - Reappraiser, Tasador, Inc. Real Estate Broker. Received BS in Business/Real Estate from Indiana University and SRA Designation from Appraisal Institute. Formerly Board Member of Beautify Corpus Christi and Habitat for Humanity. (2- 11 -10) President, JRS Ventures, Inc./Newport Custom Homes. Received BBA in Finance and Marketing. Graduate of Leadership Corpus Christi. Currently Serves on the Corpus Christi Community Improvement Corporation/Loan Review Committee. Activities include: Art Museum of South Texas. Formerly Served on Builders Association of Corpus Christi. (1- 26 -10) Tim Teas Christina Thompson John Trice Ronald A. Voss Tiffany Webb William E. Yeager Owner /Broker, REMAX Metro Properties, REMAX Padre Island. Received BBA and MBA from Texas A &M University - Corpus Christi. (2- 17 -10) Retired/Part-Time, Professor at Texas A &M University- Corpus Christi. BS in Bacteriology and Public Health from Washington State University and MS in Education Administration from Texas A &M University - Corpus Christi. Activities include: American Society of Clinical Pathologists, American Society for Clinical Laboratory Science, Texas Association for Clinical Laboratory Science, MLT Advisory Committee -Del Mar College, Numerous Committees for TAMU -CC, KEDT Telethon Volunteer, School and Church Activities. Recipient of Faculty Senate Outstanding Service Award Nominee - College of Science and Technology, 2001. (2- 24 -10) Self - Employed, Real Estate Investor. Retired President Frost Bank - ,Padre Island Market. Activities include: Corpus Christi Convention and Visitors Bureau, Nueces County Park Board, and Advisory Director Frost National Bank. (2 -26- 10) President/Owner, Voss Engineering, Inc. and Live Oak Construction, Inc. Received BS from Texas A &M University. Activities include: Builders Association of Corpus Christi, Texas Society of Professional Engineers, American Society of Civil Engineers, and Texas Society of Professional Land Surveyors. (2- 24 -10) Vice President, Prosperity Bank. Received BBA in Management and Marketing from Texas State University. Activities include: Junior League, Goodwill of South Texas board, CASA, Chamber Ambassador, KEDT Volunteer, and American Heart Association. (3 -3 -10) Federal Law Enforcement Officer and Air Interdiction Agent, United States Department of Homeland Security and Customs and Border Protection. Retired, United States Navy Commander. Activities include: Boy Scouts. (3 -1 -10) AT LARGE (Four Vacancies) James (Jim) Abram Norm Baker Self - Employed, Air Traffic Control Systems Consulting. Received a BS in Aeronautics and a MS in Aviation Management. (3 -2 -10) Owner, Estoy Pronto, Inc. Received a BS in Business. Activities include: Island United Political Action Committee and Padre Island Business Association. (1- 28 -10) Martha J. Gollihar -Wild Daniel Grimsbo Resource Facilitator, Trisun Healthcare. Received Bachelors of Arts in Teaching/Psychology. Activities include: Rotary Club. (3 -1 -10) Utility Energy Manager Supervisor, Department of the Navy. Received Bachelor of Science of Civil Engineering from The Citadel, Master of Science Business Organizational Management from University of La Verne and master of Urban Planning from University of Illinois. Licensed Professional Engineer and Certified Planner. Activities include: Society of American Military Engineers, Habitat for Humanity, Red Cross Bash, Food Bank and Air Shows. (3- 10-10) Robert Bryan Gulley, DDS Self- Employed, Oral and Maxillofacial Surgeon. Graduate of University of Texas at Austin and University of Texas Health Science Center at San Antonio. Part Owner /Operator of Dolphin Docks Marina. (2- 24 -10) J.J. Hart Self - Employed, Equity Trader. Received BA from Cornell University and MBA from University of Chicago. Activities include: Island United Political Action Committee, PATCH - Ritz Theatre Restoration, and Destination Bayfront. (2 -5 -10) Gabriele Hilpold Self - Employed/President, Consulting Services USA. Activities include: Convention and Visitors Bureau Marketing Committee, Economic Stimulus Committee, Island Task Force, Padre Isles Property Owners Association, Island Foundation, Padres Isles Country Club and Seashore Learning Center. (2- 18 -10) Jimmy B. Johnston Susan Kocian Martin Kroesche Owner, Mr. J & Sons Construction, Inc. Retired United States Military. Activities include: Army Aviation Association — Corpus Christi Army Depot Chapter, Padre Island Home Owners Association, Padre Island Business Association and Padre Island Task Force Committee. (2 -26- 10) Co- Owner, Service Master. Activities include: Corpus Christi Association of Realtors, Corpus Christi Chamber of Commerce and Padre Island Business Association (Affiliate Member). (1- 27 -10) President, Coastal Offshore, Inc and MKE Construction. Activities include: Padre Isles Property Owners Association - Island Beautification Projects, BBBS Tournament Board and Padre Island Business Association. (3 -8 -10) Darlene Louk Colleen McIntyre Charles Mader Vice President, Forestar Group, Inc. Received MBA in Finance from St. Edwards University. Activities include: Real Estate Council, Padre Island Business Owners Association (Affiliation) and ARC Turtle Hatching Event. (3- 2-10) (Non City Resident) Volunteer Math Teacher and Academic Coach, Seashore Middle Academy. Received a Bachelors Degree in Mathematics /Secondary Education from Texas A &I University at Kingsville, Texas and a Masters Degree in Curriculum and Supervision from Texas A &M University- Corpus Christi. Activities include: Island Foundation, Island United Political Action Committee, and Voyage Solar System Committee. (1- 28 -10) Partner, Realty World Investments, LLC and Realtor. Received BBA in Marketing from University of Houston. Activities include Saltwater- Fisheries Enhancement Association, Kiwanis Club of Padre Island, Padre Island Business Association, CCA, Big Brother Big Sisters Fishing Tournament Committee, Billings /Clems Boat Ramp Improvement Committee, and Annual Beach Cleanup. Recipient of 2009 Kiwanian of the Year. (3 -5 -10) Charles Marschall Retired, Chief, Engineering Branch, Region IV of United States Nuclear Regulatory Commission. Received BS in Engineering Physics. Activities include: Island United Political Action Committee and Corpus Christi Tactical Action Committee. (2- 17 -10) Taylor Mauck Project Architect, Island Architects, Inc. Received Bachelor of Fine Arts in Architecture from University of Texas -San Antonio. Served on Zoning Board of Adjustment. Activities include: Texas Society of Architects and American Institute of Architects. (1- 27 -10) (Non Island Resident) Casey L. Meredith Support Services Specialist, Defense Logistics Agency. Served in the United States Army. Received BS in Political Science from Texas A &M University - Kingsville and Masters in Public Administration from Texas A &M University- Corpus Christi. (3- 16 -10) Nick Meyer President, Breakaway Tackle. Auxiliary Coast Guard. Attended College at Ipswich, Suffolk, England. Activities include: Citizens for Access and Conservation and Shore Fishing and Casting Club International. Lifeguard and Yachtmaster. (2- 26 -10) May Nardone Agent/Owner, Farmers Insurance. Received AA in Radio and Television and BS in Business Administration. Activities include: Padre Island Business Association and Padre Island Kiwanis. Recipient of the CC Under 40 Award. Formerly Served on the Mayor's Board of Economic Growth and Development in Whidbey Island, Washington. (2- 26 -10) Jyoti Rakesh Patel Self - Employed, Hotel Owner /Developer/ General Manager. Received BS from Stephen F. Austin University in Nacogdoches, Texas. Currently Serves on the Corpus Christi Convention and Visitors Bureau. Activities include: Greater Corpus Christi Hotel Association. (3 -9 -10) Pete S. Pruneda Branch President, Prosperity Bank. Received BA in Political Science and Spanish from Texas State University and Juris Doctorate from St. Mary's University School of Law. Activities include: KEDT Auction and American Heart Association. (3 -2 -10) Teresa Ranly Vice President/Branch Manager, San Jacinto Title of Texas, LLC. Received BBA from Texas A &M University. Activities include: Padre Island Task Force Committee, Padre Island Business Association, Leeward Isles Board of Directors, TLTA, TREC and TAR. (3 -8 -10) Paul Schexnailder President, Asset Development Corporation. Partner, Gulfshores N. Received BS in Business. (3- 10 -10) (Non City Resident) Mark L. Segrest Linda Sharlow Gregory Smith Jeff Smith Healthcare Liaison, Holmgreen Center Trinity Towers. Received a Bachelor of Arts. Activities include: SEA and Surfing. (3 -2 -10) (Non Island Resident) Webmaster and Secretary, Ranch Association Edwards County, Texas. Received BA in Industrial Technology and MBA in Marketing. Past Chairman of Architectural Control Committee -Padre Island. Formerly Served on Tolland Education Association/Public Relations Board -State of Connecticut. (3 -1 -10) CEO, Pioneer RV Resorts. Owner of Dunn Ranch House. Attended the University of Texas. Activities include: Padre Island Pacers. (1- 28 -10) Self- Employed. Owner, Duncan Cemetery. Real Estate Broker. Received BBA from University of Texas at Austin. Activities include: Corpus Christi CCA and Flour Bluff Business Association. (2- 17 -10) Nita Smith Lyle Smitson Rick Sowash Jodi Steen Tim Teas Christina Thompson Craig B. Thompson, P.E. Retired. Formerly Co -Owner of Applied Practice. Received BA in History and English and Masters of Education from University of Texas at Austin. Activities include: Citizens Access and Conservation, PAC and IUPAC. (3 -1 -10) Vice President, Telecommunications Division Consultant, Consulting 4 Solutions. United States Air Force Veteran. Received Degree in Business Administration from California State University at Los Angeles, California and Attended Cleveland Institute of Electronics. (2- 11 -10) Partner - Reappraiser, Tasador, Inc. Real Estate Broker. Received BS in Business/Real Estate from Indiana University and SRA Designation from Appraisal Institute. Formerly Board Member of Beautify Corpus Christi and Habitat for Humanity. (2- 11 -10) President, JRS Ventures, Inc./Newport Custom Homes. Received BBA in Finance and Marketing. Graduate of Leadership Corpus Christi. Currently Serves on the Corpus Christi Community Improvement Corporation/Loan Review Committee. Activities include: Art Museum of South Texas. Formerly Served on Builders Association of Corpus Christi. (1- 26 -10) Owner/Broker, REMAX Metro Properties, REMAX Padre Island. Received BBA and MBA from Texas A &M University - Corpus Christi. (2- 17 -10) Retired/Part-Time, Professor at Texas A &M University- Corpus Christi. BS in Bacteriology and Public Health from Washington State University and MS in Education Administration from Texas A &M University - Corpus Christi. Activities include: American Society of Clinical Pathologists, American Society for Clinical Laboratory Science, Texas Association for Clinical Laboratory Science, MLT Advisory Committee -Del Mar College, Numerous Committees for TAMU -CC, KEDT Telethon Volunteer, School and Church Activities. Recipient of Faculty Senate Outstanding Service Award Nominee - College of Science and Technology, 2001. (2- 24 -10) Vice President/Project Engineer, Naismith Engineering, Inc. Received BS in Civil Engineering from Texas A &M University. Currently Serves on the Landmark Commission. (2- 25 -10) (Non Island Resident) John Trice Ronald A. Voss Tiffany Webb William E. Yeager Self - Employed, Real Estate Investor. Retired President Frost Bank - ,Padre Island Market. Activities include: Corpus Christi Convention and Visitors Bureau, Nueces County Park Board, and Advisory Director Frost National Bank. (2 -26- 10) President/Owner, Voss Engineering, Inc. and Live Oak Construction, Inc. Received BS from Texas A &M University. Activities include: Builders Association of Corpus Christi, Texas Society of Professional Engineers, American Society of Civil Engineers, and Texas Society of Professional Land Surveyors. (2- 24 -10) Vice President, Prosperity Bank. Received BBA in Management and Marketing from Texas State University. Activities include: Junior League, Goodwill of South Texas board, CASA, Chamber Ambassador, KEDT Volunteer, and American Heart Association. (3 -3 -10) Federal Law Enforcement Officer and Air Interdiction Agent, United States Department of Homeland Security and Customs and Border Protection. Retired, United States Navy Commander. Activities include: Boy Scouts. (3 -1 -10) 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 03/23/2010 AGENDA ITEM: Ordinance appropriating $31,073.68 from the State of Texas in the NO. 1061 Police Grants Fund — Law Enforcement Officer Standards and Education for training of police personnel and purchase of training equipment. ISSUE: Based on the Government Code, Section 415.0845, the State of Texas provides an annual allocation for training of police personnel as well as training equipment. The funds must be appropriated annually when the check is received. BACKGROUND INFORMATION: The funds are received from the State as directed by Govemment Code, Section 415.0845, to make an annual allocation from the Law Enforcement Officer Standards and Education account to qualified law enforcement agencies for expenses related to the continuing education of full -time law enforcement officers and support personnel and any training equipment. The amount of funds received depends on the number of personnel we have as of January 1 of each year. REQUIRED COUNCIL ACTION: Appropriation of funds. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds. D. Troy Riggs Chief of Police Troyr(ccctexas.com 886 -2603 Attachments: Deposit slip Letter from Texas Comptroller of Public Accounts 107566 CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: Processed Dept llt, Prepared/Reviewed bv: I GL Date: Bank Bag #: * PAY CODE ACCOUNT FUND ORG. PROJECT/ GRANT BUDGET YEAR AMOUNT REMARKS Cj 3 C o3 LOW ciao ila lix2 -1O 3013.6i) 1 gO5E CASH VERIFICATION COUNT CURRENCY $100s $ 50s $ 20s $ lOs $ 5s $ Is AMOUNT COIN . $0.50 $ $0.25 $ $0.10 $ $0.05 $ $0.01 $ CASH SUBTOTAL $ CHECK TOTAL (include tape) $ 3 1 i 013 . SUBTOTAL $ 3ltril. CREDIT CARD (include tape) $ GRAND TOTAL $ 3.1 r`3.JZl * If you have inserted a 2 -digit Payment Code in the first column, leave the remaining columns blank. If you have not inserted a Payment Code in the first column, you must complete the remaining columns. (Le., Account, Fund, Org., Project/Grant, Budget Year, Amount, and Remarks. WHITE/YELLOW — CENTRAL CASHIERING PINK — DEPARTMENT COPY GREEN — PERMANENT FILE COPY Revised 11/01/99 06/97 COMBINED FUNDS - DEPOSIT TICKET CITY OF CORPUS CHRISTI P.O.BOX 9277 CORPUS CHRISTI, TX 78469 -9277 Frost National Bank Receipt # / Check# Acct. DEPARTMENT: PC Li Ci't'tdY%l 1 Y. ,1 Deposit Ticket Date 1 `/ ,/ l i 0 Prepared By l.et� l° i fi kola Ext. Fund Org. No. Prj. /Grt. Amount Entered by /Date: Reviewed by /Date: CHECKS AND OTHER ITEMS ARE RECEIVED FOR DEPOSIT SUBJECT TO THE TERMS AND CONDITIONS OF THIS FINANCIAL INSTITUTIONS AGREEMENT. u ■73L90411' I:1040000931: 66 40 L 279811' C A S H C H E C K S CURRENCY COIN TOTAL. 20 311 D1 � b$ TEXAS COMPTROLLER Of PUBLIC ACCOUNTS P.O. Box 13528 • AUSTIN, TX 78711-3528 February 28, 2010 CITY OF CORPUS CHRISTI POLICE DEPARTMENT PO BOX 9016 CORPUS CHRISTI TX 78469 -9016 Vendor number: 17460005741 -051 Enclosed is your -annual allocation payment from the Law Enforcement Officer Standards and Education (LEOSE) account in the amount of $ 31,073.68. This payment must be used as necessary to ensure the continuing education of persons licensed under Chapter 1701, Occupations Code, or to provide necessary training, as determined by the agency head, to full -time, fully paid law enforcement support personnel in your agency. Your agency must maintain a complete and detailed record of all money received and spent. All money received is subject to audit by the Comptroller of Public Accounts and all money spent is subject to audit by the State Auditor. The Comptroller is directed by the Occupations Code, Section 1701.157 to make an annual allocation from the LEOSE account to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code. Of the account, 20 percent is allocated equally among the qualified agencies. The remaining 80 percent is allocated on the basis of the number of eligible law enforcement positions each agency had as of January 1 of the preceding calendar year. An eligible law enforcement position is defined as one held by a person licensed under Chapter 1701, Occupations Code, who works as a peace officer or licensed jailer on the average of at least 32 hours a week, is compensated by a political subdivision of the state at the minimum wage rate or higher, and is entitled to all employee benefits offered to a peace officer. To receive your agency's share of the LEOSE account in 2011, you must complete and return the enclosed Law Enforcement Officer Standards and Education Account 2011 Allocation Basis form to us no later than April 30, 2010. The information provided in this report must be accurate and returned timely to our office to ensure the correct allocation of the LEOSE account. Please call us at (800) 531-5441, ext. 3 -4530, or (512) 463 -4530 if you have any questions or if we can be of assistance. Enclosures Texas Q nmptrDIIEr of Public cccuuxtts TREASURY WARRANT NO. 121711473 FEBRUARY 25, 2010 022410 0116 902 9P100548 17460005741 051 PAYING AGENCY: 512-463-4561 COMPTROLLER — STATE FISCAL PAY THIRTY ONE THOUSAND SEVENTY THREE DOLLARS AND 68/100 1111111111111111.11111.1111 11111111 m iH s H 11111 „ 1111 TO CITY OF CORPUS CHRISTI POLICE DEPARTMENT P0 BOX -9016 CORPUS_ CHRISTI, TX 78469 -9016 121711473 VOID AFTER 08/31/2012 "304" ':LL4900L641: 11'L2L7L047311' THE STATE OF TEXAS PAYMENT INFORMATION INVOICE NO. PEACE OFF ALL INV. DATE INVOICE DESCRIPTION PEACE OFFICER ALLOC DOC. NO. INVOICE AMOUNT 9P100546 $31,073.68 PAYING AGENCY: COMPTROLLER - STATE FISCAL PAYING AGENCY PHONE NO: 512- 463 -4561 PAYING AGENCY NO: 902 PAYMENT INFORMATION I5 AVAILABLE ON THE INTERNET OR BY FAX AT: WWW.WINDOW.STATE.TX.US /FM /PAYMENT/ DIRECT DEPOSIT IT GOES TO THE BANK FOR YOU. PLEASE DIAL (512) 936 -8138 TO SIGN —UP TODAY! PAYEE NO: 17460005741 051 PAYEE NAME: CITY OF CORPUS CHRISTI POLICE DEPARTMENT WARRANT NO: 121711473 ISSUE DATE: 02/24/2010 WARRANT TOTAL: No. 121711473 - NOT NEGOTIABLE - $31,073.68 Detach here before depositing ORDINANCE APPROPRIATING $31,073.68 FROM THE STATE OF TEXAS IN THE NO. 1061 POLICE GRANTS FUND — LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION FOR TRAINING OF POLICE PERSONNEL AND PURCHASE OF TRAINING EQUIPMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $31,073.68 is appropriated in the No. 1061 Police Grants Fund — Law Enforcement Officer Standards and Education from the State of Texas for training of police personnel and purchase of training equipment. 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 day of March, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: March 2, 2010 T. Trisha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas Day of , 2010 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, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 4 CITY COUNCIL AGENDA MEMORANDUM Date: 03/23/2010 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $100,964.38 to the State of Texas, Criminal Justice Division for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $40,906.69, an in -kind match of $7,200, for a total project cost of $149,071.07 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: Year 11 funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND INFORMATION: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk -in to the unit at the Police Department. The grant provides funds for two victim case managers to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning altematives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. A Staff Assistant handles the processing of Emergency Protective Orders, walk in traffic, and record keeping. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and Tong -term safety needs. REQUIRED COUNCIL ACTION: Approval to submit the application. FUNDING: The State provides $100,964.38 for the salary/benefits of two Victim Case Managers, a Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute $7,200 as in -kind contribution, and the City contributes $40,906.69 for partial salary match, training, travel, supplies and miscellaneous equipment as the required match. The funding is not on a declining percentage or ending funding cycle. CONCLUSION AND RECOMMENDATION: Staff recommends submitting the grant. ■ D. Troy Riggs Chief of Police Troyr c[�cctexas.com 886 -2603 RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $100,964.38 TO THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION, FOR FUNDING AVAILABLE UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA) FUND FOR THE POLICE DEPARTMENT'S FAMILY VIOLENCE UNIT WITH A CITY MATCH OF $40,906.69, AN IN -KIND MATCH OF $7,200, FOR A TOTAL PROJECT COST OF $149,071.07; AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application in the amount of $100,964.38 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $40,906.69, an in- kind match of $7,200, for a total project cost of $149,071.07. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the Toss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: Armando Chapa City Secretary APPROVED: March 2, 2010. By: T. Trisha Dang Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 0312312010 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $89,290.07 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City match of $19,520 and $4,000 in -kind services for a total project cost of $112,810.07 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: Year 11 funding is available 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. 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, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salary/ benefits for two Victim Case Managers, equipment, supplies, training, and mileage. The case managers provide 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. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case managers also work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. Additionally, they provide training to community groups regarding victimization issues and available resources, thereby increasing community awareness. FUNDING: The State provides $89,290.07 for the salary/benefits of two Victim Case Managers and equipment/supplies, volunteer hours contribute $4,000 as in -kind contribution, and the City contributes $19,520 for equipment, supplies, mileage, and training. The funding is not on a declining percentage or ending funding cycle, but is subject to the federal appropriation awarded to the State for distribution. Funding is available 9/1/10 — 8/31/11. REQUIRED COUNCIL ACTION: Approval to submit the application. D. Troy Riggs Chief of Police Trovrcctexas. corn 886 -2603 RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $89,290.07 TO THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION FOR FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME ACT (VOCA) FUND FOR THE POLICE DEPARTMENT'S FAMILY VIOLENCE UNIT WITH A CITY MATCH OF $19,520 AND $4,000 IN -KIND SERVICES FOR A TOTAL PROJECT COST OF $112,810.07; AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Criminal Justice Division in the amount of $89,290.07 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City match of $19,520 and $4,000 in kind services for a total project cost of $112,810.07. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the Toss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: Armando Chapa City Secretary APPROVED: March 2, 2010 By: T. Trisha Dang Assistant City Attorney For City Attorney Reso - grant - Voca.doc THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 03/23/2010 AGENDA ITEM: Motion approving the purchase of hardware, software, and services to expand the Coastal Bend Regional 800 MHz public Safety Radio System from Dailey & Wells Communications, San Antonio, Texas based on sole source for a total expenditure of $250,000. Funds are available through the Edward Byrne Memorial Justice Assistance Grant Stimulus Funding. ISSUE: Purchase of equipment must be approved by City Council if over $50,000. BACKGROUND INFORMATION: The Police Department will use the funds to upgrade the existing trunked radio system to meet the State of Texas mandated P -25 compliance. What is known as the "Project 25" (P25) digital "suite of standards" is that any manufacturer's radios that are "P25 compliant" can communicate with any other vendor radios that have the same certification and operate in the same radio frequency band (VHF, UHF, 700/800 MHz are the three primary bands — Texas will be primarily using VHF and 700/800 MHz). Currently during times of crisis, such as a hurricane hit to Corpus Christi, incoming outside federal, state, and other mutual aid units will not be able to communicate on the Corpus Christi system. The Texas Statewide Communications Interoperability Plan (SCIP) — adopted by the Governor's Office on 11/26/07 and approved by U.S. Dept. of Homeland Security on 4/4/08, requires Texas public safety agencies to be fully "Project 25 standards -based shared systems" (P25) compliant by January 1, 2015, or risk losing federal and state grant funding. This purchase will enhance the continuing efforts to upgrade the 800 MHz public Safety Radio System to include 700 Mhz and 800 Mhz radios using the P -25 suite of standards. The P -25 digital control switch will be the central control point for all P -25 systems in the Corpus Christi region. Since the P -25 suite of standards is the required protocol by Federal and State mandates, it is essential that the switch be implemented as soon as possible so that the mandated deadlines can be met. REQUIRED COUNCIL ACTION: Approval of purchase. PREVIOUS COUNCIL ACTION: Acceptance and appropriation of the grant on 01/19/2010. CONCLUSION AND RECOMMENDATION: Staff recommends approval of purchase. D. Troy Riggs Chief of Police Trove, Acctexas.com 886 -2604 Attachments: Quotation from Dailey Wells EXT. SALE No Charge $ GRAND TOTAL) DAILEY -WELLS COMMUNICATIONS 3440 E. Houston St. San Antonio, TX 78219 To: City of Corpus Christi, Don Nattinger From: CJ Hijazi (210) 318 -8335 Date: February 25, 2010 • DAILEY- nerworr awucrnny venree PART DESCRIPTION PART NUMBER Qnty. UNIT UST DISC. % UNIT SALE EXT. SALE Server,Network Switching(NSS),non -HA MANS -STDN 1 $ 45,000.00 25% $ 33,750.00 $ 33,750.00 Service,Sybase Software License,NNS MANS -SN5K 2 $ 7,600.00 25% $ 5,700.00 $ 11,400.00 Cabinet,Std NSS,42RU MANS -CA3C 1 $ 5,040.00 25% $ 3,780.00 $ 3,780.00 Kit,Cable,Standard NSC Config MANS -CL4K _ 1 $ 60.00 25% $ 45.00 $ 45.00 Switch,Cisco 2960,48 Port MANS -NDF2R 1 $ 3,400.00 25% $ 2,550.00 $ 2,550.00 Kit,Mtg Hdwr,Cisco 2960 Ntwrk Sw Ctr MANS -NMA6M 1 $ 90.00 25% $ 67.50 $ 67.50 Panel,Blank,1RU MANS -MN9S 3 $ 40.00 25% $ 30.00 $ 90.00 Panel,Blank,2RU MANS -MN9T 3 $ 50.00 25% $ 37.50 $ 112.50 Panel,Blank,3 RU MANS -MN9U 2 $ 65.00 25% $ 48.75 $ 97.50 Netclock,GPS Master Clock MANS -CP9B 1 $ 8,800.00 25% $ 6,600.00 $ 6,600.00 Kit,1RU Monitor, Key Board, Mouse, KVM MANS -NCU3D 1 $ 5,500.00 25% $ 4,125.00 $ 4,125.00 Kit,USBAdapter,KVMSun MANS -NCU4Y _ 1 $ 295.00 25% $ 221.25 $ 221.25 Door,Front,Std NSS Cabinet,Mesh MANS -NMN2L 1 $ 450.00 25% $ 337.50 $ 337.50 Panel,Top,Std NSS Cabinet,Mesh MANS -NMN2N 1 $ 105.00 25% $ 78.75 $ 78.75 Kit,GPS Mt Indoor w/50FT cable/Netclock MANS-AN3T 1 $ 420.00 25% $ 315.00 $ 315.00 Router,2851 IP Base MANS -NCU3P 1 $ 9,170.00 25% $ 6,877.50 $ 6,877.50 Module,2 -Port T1 /E1 Multiflex 1/F Card MANS -NCU3W 3 $ 2,320.00 25% $ 1,740.00 $ 5,220.00 Manual,Inst/Conf,Ntwrk Switching Server MAMM -100NS 1 $ 35.00 25% $ 26.25 $ 26.25 • I 5,693.75 I eywndI vwr1 manayei 1 ney.vna. vna ma„oyc. PART DESCRIPTION PART NUMBER Qnty. UNIT UST DISC. % UNIT SALE EXT. SALE Server,Regional Site Mgr Professional 'MANM -RSMP 1 $ 73,500.00 25% $ 55,125.00 $ 55,125.00 License,SQL 2008 Enterprise Edition MANM -NSG8Y 2 $ 15,000.00 25% $ 11,250.00 $ 22,500.00 License,Device Manager Premium MANM -NSG9B 1 $ 10,000.00 25% $ 7,500.00 $ 7,500.00 Software,Device Manager MANM -NSG8W 1 $ 150.00 25% $ 112.50 $ 112.50 DVD -RW for Dell 2900111 CM- 022889- 002050 1 $ 371.00 25% $ 278.25 $ 278.25 Kit, 5-pack tapes for Den 2900 III CM- 022889- 001400 1 $ 454.00 25% $ 340.50 $ 340.50 Printer,Color Laser,110V 2C- CM22889 -2100 1 $ 3,100.00 25% $ 2,325.00 $ 2,325.00 Manual,inst/Config,Regional Site Manager MAMM -200NM 1 $ 36.00 25% $ 27.00 $ 27.00 Server,Regional VIDA Manager (RVM) MANM -RVMGR 1 $ 94,500.00 25% $ 70,875.00 $ 70,875.00 Service,Sybase Sftwr License,RNM /CNM MANM-SN5K 2 $ 8,600.00 25% $ 6,450.00 $ 12,900.00 Kit,USBAdapter,KVMSun MANM -NCU4Y 1 $ 495.00 25% $ 371.25 $ 371.25 Tape drive,NSC CM- 013919 1 $ 1,975.00 25% $ 1,48125 $ 1,481.25 Tapes,NSC tape drive,10 -pack CM- 013920 1 $ 395.00 25% $ 296.25 $ 296.25 Cable,2 -m 68pin to VHDC UltraSCSI X3832A 1 $ 179.00 25% $ 134.25 $ 134.25 Manual,lnst/Config,Regional VIDA Manager MAMM -400NM 1 $ 54.00 25% $ 40.00 $ 40.00 •%A 4M •fe SUB TOTAL, $ Services (PART DESCRIPTION Stagging, Installation ,and Engineering Services I PART NUMBER I Qnty. I UNIT UST I DISC. % I UNIT SALE Services 1 No Charge 0% No Charge SUB TOTAL NOTE: Price valid until March 31, 2010. Terms: Net 30 Days $ 250,000.001 Confidential 2/25/2010 Page 1 7 _ AGENDA MEMORANDUM City Council Action Date: March 23, 2010 AGENDA ITEM: ITEM A: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS. ITEM B: ORDINANCE APPROPRIATING A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES; AND DECLARING AN EMERGENCY. ISSUE: The Health District is in receipt of Contract #2010- 034759, with the Department of State Health Services (DSHS). The Health District in collaboration with the Coastal Bend Health Education Center (CBHEC) has developed an educational diabetes program for diabetics as well as individuals and family members at risk for diabetes. This project addresses two unmet needs in this area: 1.) lack of "prevention" education programs and 2.) Increased capacity of existing programs for persons /families with diabetes. These grant funds will be used for personnel costs, fringe benefits, travel, supplies, and contractual costs. The grant period is from March 30, 2010 to March 29, 2011. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY09 -10. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance as presented. Ar;ef A/ I' nnette Rod iguez,�' .'.H. Director of Public Health annetter a_cctexas.com 361- 826 -7205 BACKGROUND INFORMATION This is a renewal grant that has been provided to the Health District from DSHS. The purpose of the funding is to assist in addressing the devastating effects of diabetes mellitus in our area. This contract period will increase diabetes education programs for individuals at risk for developing diabetes. The grant provides for one full time program coordinator and a part -time program assistant. Activities supported by this funding include personnel costs, fringe benefits, travel, supplies, and contractual costs for items such as incentives, i.e., pedometers needed to increase client participation. No matching funds are required. DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2010- 034759 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CITY OF CORPUS CHRISTI (Contractor), a Government Entity, (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $80,000.00, and the payment method(s) shall be as specified in the Program Attachments. 3. Funding Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 03/30/2010 and ends on 03/29/2011. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Forming Contract. The Contract consists of the following: a. Core Contract (this document) b. Program Attachments: 2010- 034759 -001 Diabetes - Community Diabetes Project Health Departments c. General Provisions (Sub- recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF CORPUS CHRISTI Address: PO BOX 9277 CORPUS CHRISTI, TX 78469 -9277 Vendor Identification Number: 17460005741027 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CITY OF CORPUS CHRISTI By: By: Signature of Authorized Official Signature Date Bob Burnette, C.P.M., CTPM Director, Client Services Contracting Unit 1100 WEST 49TH STREET Date Printed Name and Title Address AUSTIN, TEXAS 78756 City, State, Zip (512) 458 -7470 Bob.Burnette@dshs.state.tx.us Telephone Number E -mail Address for Official Correspondence A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES 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 accept a grant in the amount of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: March 5, 2010 e Eliza th R. Hundley Assis ant City Attorney for the City Attorney EHres261.doc Joe Adame Mayor Corpus Christi, Texas day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHres261.doc AN ORDINANCE APPROPRIATING A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $80,000 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund for the provision of diabetes prevention and management services. 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 , 2010. ATTEST: Armando Chapa City Secretary APPROVED: March 5, 2010 ixdu?0, AA._4 Elizaath R. Hundley Assistant City Attorney for the City Attorney EHord295.doc CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of , 2010 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 Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord295.doc 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 23, 2010 AGENDA ITEM: A: Resolution authorizing the City Manager or designee to accept a $20,987 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program. B: Ordinance appropriating a $20,987 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; and declaring an emergency. ISSUE: This grant is made available as appropriated by the State of Texas through the Corporation for the National and Community Service project. The funds shall assist the grantee (City of Corpus Christi) in providing the Retired and Senior Volunteer Program, a national service program as authorized by the Domestic Volunteer Service Act of 1973. The fund authorization will be for the period September 1, 2009 through August 31, 2010. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate State grant funds from the Corporation for National and Community Service to support the Retired and Senior Volunteer Program from September 1, 2009 through August 31, 2010. PREVIOUS COUNCIL ACTION: On June 23, 2009 the City Council accepted and appropriated Federal funds in the amount of $55,139 from the Corporation for National and Community Service. This Council action authorized funding for the final year of a three - year continuing grant process. FUNDING: The Corporation for National and Community Service is issuing a grant to the City of Corpus Christi in the amount of $20,987 as appropriated by the State of Texas. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Corporation for National and Community Service. haxc..'G. Stacie A. Talbert, Interim Director Parks and Recreation Department StacieTCa�cctexas. com 361- 826 -3464 BACKGROUND INFORMATION The Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During the past grant period 821 enrolled volunteers contributed 9,833 hours each month through 56 different non - profit, health care proprietary, and governmental agencies including the City of Corpus Christi Police Department, Driscoll Children's Hospital, USS Lexington, Alameda Oaks Nursing Center, and other organizations. During the FY 2008 -2009 grant period RSVP contributed 121,620 hours of service to the community. RSVP dedicated 47,291 hours of service to City departments including the Police Department's Special Services; Training; Identification; Criminal Investigation; Family Violence, and Community Services Divisions. Other City departments served include the Public Library; Corpus Christi International Airport Ambassadors; Museum of Science and History; Parks and Recreation /Senior Community Services Senior Centers, and the Senior Companion Program resulting in an annual value of $92,897.93 provided directly to the City of Corpus Christi. The amount of $20, 987 is the exact same amount granted for the previous grant period. This award is the state portion supplementing the national grant, no match is required. Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $20,987 GRANT AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR RETIRED AND SENIOR VOLUNTEER PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $20,987 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: March 'r , 2010 vC ✓i A Lisa Aguila�c) Assistant City Attorney For City Attorney H: \LEG -DI R\Jeannie\ Lisa\ Ordinances - Resolutions \Res - authGrant- RSVP2010.docx Page 2 of 2 Corpus Christi, Texas Day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H: \LEG -DI RWeannie\ Lisa\ Ordinances - Resolutions \Res- authGrant- RSVP2010.docx Page 1 of 2 ORDINANCE APPROPRIATING A $20,987 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; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $20,987 grant from the Corporation for National and Community Service is appropriated in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. 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 day of March, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: March 17 , 2010 oe,c^ . --7 Lisa Ag r Assistan City Attorney For City Attorney H: \LEG -D I R\Jea n nie \Lisa \Ord inances- Resolutions \ORD -app ropGra nt- RSVP2010. doc Corpus Christi, Texas day of , 2010. Page 2 of 2 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:\LEG -D I R\Jean n ie \Lisa \Ord i nances- Resolutions \ORD- appropGrant- RSVP2010.doc 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 23, 2010 AGENDA ITEM: A: Resolution authorizing the City Manager or designee to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. B: Ordinance appropriating a $5,381 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Senior Companion Program; and declaring an emergency. ISSUE: This grant is made available as appropriated by the State of Texas through the Corporation for National and Community Service project. The funds shall assist the grantee (City of Corpus Christi) in providing the Senior Companion Program, a national service program as authorized by the Domestic Volunteer Service Act of 1973. The fund authorization will be for the period September 1, 2009 through August 31, 2010. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate State grant funds from the Corporation for National and Community Service to support the Senior Companion Program from September 1, 2009 through August 31, 2010. PREVIOUS COUNCIL ACTION: On June 23, 2009 the City Council accepted and appropriated Federal funds in the amount of $270,943 from the Corporation for National and Community Service. This Council action authorized funding for the second year of a three -year continuing grant process. FUNDING: The Corporation for National and Community Service is issuing a grant to the City of Corpus Christi in the amount of $5,381 as appropriated by the State of Texas. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Corporation for National and Community Service. Stacie A. Talbert, Interim Director Parks and Recreation Department StacieT @cctexas.com 361- 826 -3464 Attachments: Background Information BACKGROUND INFORMATION The Senior Companion Program provides assistance to adults with physical, emotional, or mental health limitations, most of whom are elderly. These clients have difficulties with daily living tasks and Senior Companions help them retain their dignity and independence. Senior Companions serve from 15 to 40 hours a week and receive a stipend of $2.65 an hour. They must be 55 or older and meet established income eligibility guidelines. In addition to the stipend, they receive accident, personal liability, and excess automobile insurance coverage; assistance with the cost of transportation; and as feasible, meals during their assignments. The Companions assist homebound individuals with daily living tasks, such as light meal preparation, grocery shopping, and or minor housekeeping chores. They also provide critical respite care service of hospice support for family caregivers. The amount of $5,381 is the exact same amount granted for the previous grant period. This award is the state portion supplementing the national grant, no match is required. Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $5,381 GRANT AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR THE SENIOR COMPANION PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: March r5 , 2010 %zfd Lisa Agu(I Assistant City Attorney For City Attorney H:\LEG -D I RUea n nie \Lisa \Ord inan ces- Resolutions \RES- authGrant- SrCompa n ion2010. doc Page 2 of 2 Corpus Christi, Texas day of ,2010. 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, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H: \LEG- DIR\Jeannie \Lisa \Ord finances- Resolutions\ ORD- appropGrant- SrCompanion2010.doc Page 1 of 2 ORDINANCE APPROPRIATING A $5,381 GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO.1067 PARKS AND RECREATION GRANTS FUND FOR THE SENIOR COMPANION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $5,381 grant from the Corporation for National and Community Service is appropriated in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program. 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 day of March, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: March \ 2010 Lisa Aguilar Assistant City Attorney For the City Attorney H: \LEG -D I R\Jean n ie \Lisa \Ord ina n ces- Resolutions \ORD- appropGrant -S rCompan ion2010.doc Page 2 of 2 Corpus Christi, Texas Day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott HALEG -DI RUeannie\ Lisa \Ordinances- Resolutions \RES- authGrant- SrCompanion2010.doc 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 23, 2010 AGENDA ITEM: Motion authorizing City Manager, or designee, to execute a 17 month lease agreement, with Wilson Plaza Associates LP, for first floor, suite #105, approximately 4,802 square feet of the Wilson Building, 600 Carancahua /6011 Leopard, for $4,802 monthly rental payment, plus $18,250 for renovation costs. ISSUE: The purpose of this lease, between the City and the Wilson Plaza, is to provide office space for the City of Corpus Christi Parks and Recreation Department Juvenile Assessment Center Program. The Parks and Recreation Department and Municipal Court recently developed an interdepartmental agreement to coordinate program efforts for participants assigned to court- ordered case management. The Juvenile Assessment Center is being re- located as part of this agreement to improve communication between Juvenile Assessment Center and Municipal Court and provide a centralized location for participants and families to benefit from all program services. REQUIRED COUNCIL ACTION: The City Council must authorize the City Manager to execute a contract or agreement that exceeds $50,000. PREVIOUS COUNCIL ACTION: The Juvenile Assessment Center's current month to month lease with Stonewater Properties Ashley Portfolio, L.P. for the offices at 226 Enterprize Parkway, #104, Corpus Christi, Texas 78405 was approved by Council on 06/23/2009. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this item. Stacie A. Talbert, Interim Director Parks and Recreation Department 361 - 826 -3476 StacieT@cctexas.com Attachments: Background Lease Agreement Background Information The Juvenile Assessment Center (JAC) has been at 226 Enterprize Parkway since September 2, 1999 providing social services to the community and the citizens (youth) of Corpus Christi and surroundings. Originally, the Municipal Juvenile Court was located in the suite adjacent to the JAC making it easy for youth ordered for case management services to visit the JAC. In August 1, 2009, the Municipal Juvenile Court re- located to Wilson Building and the JAC remained at the same location. This created logistical problems not only for the youth and families receiving case management services but also a gap in communication between the Juvenile Court and the JAC. Also, shortly after the Court moved three JAC case managers were transferred to Municipal Court to be paid directly from the Juvenile Court Fee Fund. In December 2009, the City Manager asked the Municipal Court and the Parks and Recreation Department to re- establish the connection and come together so all services could be provided under one roof. The Municipal Court and the Parks and Recreation Department created an Interdepartmental Partnership Agreement to move to the Wilson Building so services can be provided with Municipal Court. Under the interdepartmental agreement, the JAC will provide two case managers who are solely dedicated to providing court ordered case management services and one case manager for processing intakes from the court. The JAC will also provide a receptionist. The Municipal Court will provide an employee to conduct Urine Analyses. The interdepartmental agreement also calls for the reconsolidation of the JAC and Municipal Court case managers and Juvenile Court under one roof to increase communication between the units, reduce the burden of travel on youth assigned to court order case management and enhance the services offered by both entities. As the Municipal Juvenile and Environmental Courts have been combined under the jurisdiction of one judge and operate in the Wilson Building, moving the JAC to this building is the most feasible solution. The JAC is currently operating under a month -to- month lease with Stonewater Properties at the building on Enterprize Parkway. A 30 -day notice of intent to vacate without penalty is required. STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES } LEASE AGREEMENT BY THE CITY OF CORPUS CHRISTI AND WILSON PLAZA ASSOCIATES, L.P. That on this 3rd day of March, 2010 LANDLORD, Wilson Plaza Associates L. P., AND TENANT, City of Corpus Christi, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration and the mutual covenants and agreements herein contained, the receipt and sufficiency of which is hereby expressly acknowledged, Landlord hereby leases, demises and lets unto Tenant, and Tenant hereby accepts the Demised Premises to have and to hold for the lease term and upon the terms and conditions hereinafter stated and agreed to, to -wit: DEFINITIONS AND BASIC PROVISIONS: The following definitions and basic provisions shall be construed in conjunction with and limited by the reference thereto in other provisions of this lease and the Exhibits attached hereto: (a) "Landlord Wilson Plaza Associates L. P. "Address". 606 N. Carancahua, #900, Corpus Christi, TX 78401 (b) "Tenant ": City of Corpus Christi "Address ": 615 Leopard, Suite #105, Corpus Christi, TX 78401 (c) "Demised Premises ": Approximately 4,802 net rentable square feet in: The Wilson Plaza: an additional the City of Corpus Christi, Nueces County, Texas, (see Exhibit "A ": Legal Description), address of such premises being shown and outlined on attached Exhibit "B ": (d) "Lease Term ": A period of seventeen (17) months commencing on May 1, 2010 and ending September 30, 2011. (e) "Basic Rental ": A total sum of $ 81,634.00 (Eighty One Thousand Six Hundred Thirty Four and 00 /100 Dollars) payable at Wilson Plaza, 606 N. Carancahua, #900, Corpus Christi, Nueces County, Texas, in monthly installments of $ 4,802.00 in advance, during the lease term. There will be a $25.00 charge for any checks returned for non - sufficient funds. Any penalties for late payments by the City are governed by the Texas Government Code. "Prepaid Rental ": $4,802.00 representing payment of rental for the first month of the lease term. "Security Deposit ": $No Security Deposit is on file and none is required. "Trade Name" and "Permitted Use " - Juvenile Assessment Center (f) (g) (h) 1 LANDLORD'S SERVICES TO TENANT: A. Janitorial service (seven days a week) between 6:OOpm & 9:30pm B. Trash and garbage disposal C. Provide adequate restroom facilities and maintain and keep such facilities sanitary and in operating condition, providing sufficient supplies (soap, toilet tissue, towels and disinfectant) D. Maintain, clean and keep all entranceways, halls and hallways free of unnecessary obstructions and well lit E. Lighting fixtures shall be maintained, including the replacement of fluorescent tubes of proper wattage F. Maintain and keep in good repair the roof and exterior of the building in which the demised premises are located and to maintain and keep in good repair all side walks, walkways, parking areas, private streets, roads and alleys that are a part of the development G. Electricity, water and sewer Failure to any extent to fumish or any stoppage of these defined services, or from any cause, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant or an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Landlord, where responsible, shall use reasonable diligence to reinstate any terminated services listed above promptly, but Tenant shall have no claim whatsoever for rebate of rent or damages on account of any interruptions in service occasioned thereby resulting therefrom. This lease is conditioned upon faithful performance by Tenant of the agreements, covenants, rules and regulations herein contained and agreed to by Tenant. PAYMENTS: Tenant will pay all rents and sums provided to be paid by Tenant hereunder at the times and in the manner provided. The obligation of Tenant to pay rent is an independent covenant and no act or circumstance whatsoever, whether such act or circumstance constitutes a breach of covenant by Landlord or not, shall release Tenant of the obligation to pay rent, except as expressly provided herein. CONSTRUCTION OF IMPROVEMENTS: Landlord shall proceed to construct the Demised Premises in compliance with the description of the Landlord's work in Exhibit "C" attached hereto and construct the improvements in accordance with the construction plan, approved by both parties and attached hereto as Exhibit "D ". Any differences between Exhibit "C" and Exhibit "D ", Exhibit "D" will govern. POSSESSION: The parties hereto anticipate that the leased premises will be ready for Tenant's occupancy on 05 -01 -2010. If the leased premises are not ready for occupancy on 05 -01 -2010, then the commencement of this lease shall be extended until the leased premises are ready for Tenant's occupancy at which time the events called for herein shall begin. If the leased premises are not ready for Tenant's occupancy on or before 05 -01 -2010, and such delay is not due to default of Tenant, then Tenant shall have the right to declare this lease canceled. If Tenant elects to exercise its right of termination, Tenant shall not have any claim against Landlord for breach of contract, damages or otherwise, and Tenant's only remedy shall be cancellation of this lease. Prior to exercising this option to terminate this lease, Tenant shall give Landlord fiQ days notice in writing in advance of its intention to exercise such option. If the leased premises are ready for Tenant's occupancy prior to the end of said 6.0 days period, or before notice of cancellation is actually 2 received by Landlord, then this lease shall not be canceled but shall remain in full force and effect. If possession is taken prior to commencement date, then the rent shall be pro - rated. NET RENTABLE AREA: The term "Net Rentable Area (NRA)" as used herein shall refer to all floor areas within the inside surface of the exterior wall enclosing the portion of the leased premises and measured to the mid -point of the walls separating areas leased by or held for lease to other tenants or from areas devoted to corridors, elevator foyers, restrooms, mechanical rooms, janitor closets, building stairs, and other similar facilities for use of all tenants of the building (hereinafter called "Common Area "), but including a proportionate portion of the Common Area factor equal to 1.19742 % of the leased premises square footage excluding such Common Area allocation. No deductions -from NRA are made for columns or projections necessary to the building. COMMON AREA MAINTENANCE: The Common Area is the part of the office building designated by Landlord from time to time for the common use of all tenants, including among other facilities, sidewalks, landscaping, curbs, loading areas, private streets and alleys, lighting facilities, hallways, restrooms and other areas and improvements provided by Landlord for the common use of all Tenants, all of which shall be subject to Landlord's sole management and control and shall be operated and maintained in such a manner as Landlord, in its discretion, shall determine. Landlord reserves the right to change from time to time the dimensions and locations of Common Areas and to construct additional buildings, and to eliminate buildings from the plan as shown on Exhibit "B ". Tenant and its employees, subtenants, licensees and concessionaires shall be part. Tenant shall not solicit business or display merchandise within the Common Area, or distribute handbills therein, or take any action, which would interfere with the rights of the persons to use the Common Area without the prior written consent of Landlord. Landlord may deem it necessary to prevent the public from obtaining prescriptive rights to make repairs or alterations. REPAIRS AND RE- ENTRY: Tenant will at Tenant's own cost and expense, repair or replace any damage or injury done to building or any part thereof by Tenant, tenant's agents, employees, and invitee, and if Tenant fails to make such repairs or replacements promptly, or within fifteen (15) days of occurrence, Landlord may at its option, make such repairs or replacements, and Tenant shall repay the cost thereof to Landlord on demand. Tenant will not commit or allow any water damage to be committed on any portion of the Demised Premises, and shall, at termination of this lease, by lapse of time or otherwise, deliver up said premises to Landlord in as good condition as at the date of possession, ordinary wear and tear excepted, and upon termination of this lease, Landlord shall have the right to re -enter and resume possession of the Demised Premises. ASSIGNMENT-SUBLETTING-ALTERATIONS-ADDITIONS-IMPROVEMENTS: Tenant shall not assign or in any manner transfer this lease or any estate or interest therein or allow same to be assigned by operations of law or otherwise, or sublet the Demised Premises or any part thereof, or use or permit same to be used for any purpose other than stated in the use clause hereof, without written consent of Landlord. Tenant shall not make or allow to be made any alterations or physical additions in or to the Demised Premises without the written consent of Landlord before making such alterations or physical additions and such consent may not be unreasonably withheld. Such alterations, physical additions, or improvements when made to the Demised Premises by Tenant, shall at once become the property of Landlord and shall be surrendered to Landlord upon termination in any manner of this lease; this clause shall not apply to movable fixtures or furniture of 3 Tenant. Tenant can remove fixtures placed in the leased premises solely by Tenant so long as removal does not damage the leased premises or make it less rentable, in Landlord's opinion. Tenant cannot remove carpet or wall covering. TENANT INSURANCE: It is expressly understood and agreed by the parties that Tenant is a self - insured Texas home rule municipality and will self- insure itself against all claims, demands or actions arising out of or in connection with the Tenant's use or occupancy of the demised premises. Upon request of the Landlord, Tenant will provide proper proof of self- insurance for the lease term. USE VIOLATIONS AND INSURANCE COVERAGE: Tenant will not occupy or use or permit any portion of the Demised Premises to be occupied or used for any business or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner, or extra hazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the building or its contents, and in the event that by reason of acts of Tenant, there shall be an increase in the rate of insurance on the building or its contents created by Tenant's acts or conduct of business, then Tenant hereby agrees to pay such increase. LOSS AND DAMAGE TO TENANT PROPERTY: Tenant agrees that its use and occupancy of the Leased Premises and such other portions of the Office Building as it is authorized to use under the terms of this lease shall be wholly and at its own risk, Landlord shall have no liability for Toss or damage to the fixtures or the personal property of Tenant, or those claiming under Tenant whether occurring by reason of theft, vandalism, fire or other casualty or the bursting, stopping of leaking water, gas sewer pipes or otherwise, nor for injury or death to any person, unless such Toss, damage, injury or death is caused by the negligent act or omission of Landlord. INDEMNITY LIABILITY AND LOSS OR DAMAGE: By taking possession of the Demised Premises, Tenant accepts same as suitable for the purpose for which same are leased and accepts the building and each and every appurtenance thereof, and Tenant by said act waives any and all visible defects as well as defects that are ascertainable by the exercise of due diligence. To the extent allowed under Texas law, Tenant agrees that if the Landlord is made a party to any litigation against Tenant relating to property loss or injury which occurred on the Demised Premises during the term of this Lease, and such property loss or injury is not caused in whole or in part by negligent act or omission of Landlord, then Tenant shall, upon receipt of reasonable notice regarding commencement of litigation, hold Landlord harmless and pay all costs, expense, and reasonable attorney fees. DAMAGE CLAUSE: If the Demised Premises or the building in which the demised premises are located shall be damaged by any means or cause whatsoever except as stipulated under section for "Tenant Responsibilities," not caused or contributed to by the negligence or fault of Tenant, its employees, servants, agents, invitee or visitors, and if repairs of said damage can be reasonably 4 expected to be substantially completed within a period of thirty (30) days by using standard working methods and procedures, Landlord shall within a reasonable time after occurrence of said damage, enter and make repairs and this lease shall not be affected but shall continue in full force and effect. However, if said damage cannot be repaired within a period of thirty (30) working days by using standard working methods and procedures, then this lease shall cease and terminate as of the date of the occurrence, and Tenant shall pay rent hereunder to such date and immediately surrender the Demised Premises to Landlord. If Landlord restores the Demised Premises, Landlord shall within a reasonable period of time enter and make repairs and this lease shall not be affected except that rents hereunder shall be reduced or abated while such repairs are being made for the period of time and in the proportion that the Demised Premises are un- tenantable. If, however, such damage is contributed to by or results from the fault or negligence of Tenant, Tenant's employees, agents, servants, invitee or visitors, such damage shall be repaired by and at the expense of Tenant, under the control, direction and supervision of Landlord, and the rent shall continue without abatement or reduction. The completion of the repairs of all such damage is subject to reasonable delays resulting from survey of such damage, obtaining plans and letting contracts for repair, adjustments of insurance, strikes, labor difficulties, unavailability of materials or other causes beyond the control of the party obligated to make such repairs. SUBROGATION: Landlord and Tenant agree and covenant that neither shall be liable to the other for loss arising out of damage to or destruction of the Demised Premises or contents thereof when such loss is caused by any perils included within the State of Texas fire and extended coverage insurance policy. This agreement shall be binding whether or not such damage or destruction be caused by negligence of either party or their agents, employees or visitors. LAWS AND REGULATIONS: Tenant will maintain the Demised Premises in a clean and healthful condition and comply with all laws, ordinances, rules and regulations (State, Federal, Municipal, and other agencies or bodies having jurisdiction thereof) with reference to use, conditions or occupancy of the Demised Premises. RULES: Tenant and Tenant's agents, employees and invitee will comply fully with all requirements and rules of the building, as set forth in Exhibit "E" hereof. Landlord shall at all times have the right to change such rules and regulations or to amend them in such reasonable manner as may be deemed advisable, for safety, care and cleanliness of premises and for preservation of good order therein, all of which rules and regulations, changes, amendments will be forwarded to Tenant in writing. ENTRY FOR REPAIRS AND INSPECTION: Tenant will permit Landlord or owner or their officers, agents and representatives right to enter into and upon any and all parts of the Demised Premises at all reasonable hours to inspect same or clean or make repairs, alterations or additions as Landlord may deem necessary and Tenant shall not be entitled to any abatement of or reduction in rent by reason thereof. NUISANCE: Tenant will conduct its business and control its agents; employees and invitee in such a manner as not to create a nuisance, interfere with, annoy or disturb other tenants or Landlord in the management of the building. 5 CONDEMNATION: Should the Demised Premises or the building be taken or condemned in whole or in part for public purposes, then the term of this lease shall, at the option of the Landlord, forthwith terminate. Landlord shall receive the entire award from such taking and Tenant shall have no claim. HOLDING OVER: In case of holding over by Tenant after expiration or termination of this lease, or of any renewal or extension thereof, Tenant will pay as liquidated damages double rent for the entire holdover period and will pay all attorney fees and expenses incurred by Landlord in enforcing its rights hereunder. No holding over by Tenant after the term of this lease, as such may be renewed or extended either with or without consent and acquiescence of Landlord, shall operate to extend this lease for a longer period than one (1) month unless a holdover agreement in writing specifies a longer period. Any holding over with the consent of Landlord in writing (unless such consent shall specify a longer period) shall thereafter constitute this as a month -to -month lease, at a negotiated rate. APPROPRIATION CLAUSE. All parties recognize that the continuation of this lease agreement after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget approval providing for covering this lease agreement as an expenditure in said budget. City does not represent that the budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. The parties agree that payment of monthly rental rate is subject to annual appropriation of funds for this lease agreement by the City of Corpus Christi. If the lease is not a budget item for any fiscal year, then this lease terminates July 31 of the last fiscal year for which lease funds have been appropriated. RENTAL ADJUSTMENT: The monthly rental from the anniversary date of this lease to December 31st of such calendar year shall be as set forth in paragraph (e) Definitions and Basic Provisions of this lease. Effective on the first day of January of the calendar year immediately following the anniversary year of the execution of this lease and each January first of each year during the term of this lease, an adjustment of the monthly rental shall take place. Such adjustment shall be based upon the greater of (a) the Houston, Texas, Consumer Price Index (CPI) (Section I below) or (b) the prorated share of Actual Expense Increase of taxes, insurance and utilities (See Section II below). However, in no event shall the Tenant's rent be increased in the same year by both the Consumer Price Index method and the Actual Expense Increase method. I. CONSUMER PRICE INDEX - On the 1st day of January of each year referenced above, the Consumer Price Index, all items, U.S., 1967 =100, (or the replacement index if the Consumer Price Index has been discontinued) will be compared to the Index on the origination date of this lease and any increase will be multiplied against the monthly rental set forth in paragraph (e) Definitions and Basic Provisions, to determine the monthly rental rate for the next ensuing months (January through and including December). II. ACTUAL EXPENSE INCREASE: Effective on the 1st day of January of each year referenced above, the total expense of taxes, insurance and utilities for the months of January through and including December or the previous calendar year shall be compared to the total expense of taxes, insurance and utilities (which maybe required to be estimated by Landlord) for the next 12 months (January through and including December) and the 6 Tenant's monthly rent shall be increased by 1/12th of the Tenant's prorated share of such increases in expenses. Tenant's prorated share shall be determined by dividing Tenant's net rentable space by the total net rentable space in the building. In the event that such an increase is due under this lease, Landlord may notify Tenant in writing of any such increase in the monthly rent, which will then become effective for the months of January through and including December of the applicable calendar year. In the event Landlord fails for any reason to notify Tenant of the increase, or if such increase is not determined until after the 1st day of January of the effective calendar year, such will not abate or waive the additional rental sums due Landlord and Tenant shall pay all such sums upon demand. The term "calendar year" as used herein means for the months of January through and including December of the year affected by the increase. By way of an example only, if a lease is effective on October 1, 1993 then on January 1, 1995, the monthly rental rate shall be increased based upon one of the methods described above (the Consumer Price Index method or the Actual Expense Increase method) for the calendar year 1994. TENANT DEFAULT AND REMEDIES: The following events shall be deemed to be events of Default by Tenant under this lease: (1) Tenant shall fail to pay any installment of rent here under and such failure shall continue for a period of ten (10) days. (2) Save and except for monthly payment of rent, which is covered in subparagraph (1) above, Tenant shall fail to comply with any term, provision or covenant of this lease, and shall not cure such failure within thirty (30) days, after written notice thereof to Tenant, or if Tenant shall not have proceeded with all due diligence to cure such failure on such a manner that such failure is cured in any event within ninety (90) days, after written notice thereof to Tenant. (3) Tenant or guarantor of Tenant's obligations under this lease shall become insolvent or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors. (4) Tenant or any guarantor of Tenant's obligations under this lease shall file a petition under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof; or Tenant or any guarantor of Tenant's obligations under this lease. (5) A receiver of Trustee shall be appointed for the Demised Premises or for all or substantially all of the assets of Tenant or any guarantor of Tenant's obligations under this lease. (6) Tenant shall desert or vacate any substantial portion of the premises. (7) Tenant shall do or permit to be done anything, which creates a lien upon the premises. Upon the occurrence of any such events of default, Landlord shall have the option to pursue any one or more of the following described remedies, in addition to all other rights and remedies provided at law or in equity, without any notice or demand whatsoever: (A) Landlord may declare this lease terminated by giving notice to Tenant of Landlord's election to terminate the lease and thereby relieving Landlord and Tenant from further liability hereunder. (B) Landlord may terminate this Lease Agreement and the terms created thereby and forthwith repossess the Demised Premises, with or without process of law, and remove all persons or property from the Demised Premises without being deemed guilty of trespassing or without prejudice to any other remedy of Landlord for such default. Upon such termination, Landlord shall be entitled to recover as damages a sum of money equal to the total of (i) the cost of recovering the Demised Premises; (ii) the unpaid rent earned at the time of termination, plus interest thereon at the maximum lawful rate per annum from the due date; (iii) the present value of the balance of the rentals due for the remainder of the lease term, plus interest thereon at the maximum lawful rate, and (iv) other sums of money and damages owed by Tenant to the Landlord. (C) The Landlord may terminate the Tenant's right of possession (but not the Lease) and may repossess the Demised Premises by forcible entry or detainer suit or otherwise, without demand or notice of any kind to the Tenant and without terminating this Lease, in which event the Landlord may, but shall be under no obligation to do so, relet the same for the account of the Tenant for such reletting the Landlord is authorized, but not required to decorate or to make any repairs, changes, alterations or additions in or to the Leased Premises that may be necessary or convenient. If the Landlord shall fail or refuse to relet the demised premises, or if the demised premises are relet and a sufficient sum shall not be realized from such reletting to pay or satisfy the total of (i) the cost of recovery of the demised premises; (ii) the cost and expenses of such decorations, repairs, changes, alterations and /or additions; (iii) the unpaid rent eamed at the time of termination of the Tenant's right of possession plus interest thereon at the maximum lawful rate from the due date; (iv) the present value of the balance of the rentals due for the remainder of the lease term, plus interest thereon at the maximum lawful rate, and (v) any other sum of money in damages owed by the Tenant to the Landlord; then, in that event, the Tenant shall satisfy and pay any deficiency which exists upon demand therefore by Landlord. The Tenant agrees that the Landlord may file suit to recover any sums falling due under the terms of this paragraph. No delivery or recovery of any portion due the Landlord hereunder shall be any defense to any subsequent action brought for any amount not theretofore reduced to judgement in favor of the Landlord nor shall such reletting be construed as an election on the part of the Landlord to terminate this lease, unless a written notice of such intention be given to the Tenant by Landlord. Notwithstanding any such reletting without termination, the Landlord may at any time thereafter, elect to terminate this Lease for previous breach. In no event shall Tenant be entitled to receive any excess of any rent obtained by reletting over and above the Basic Rental herein provided. (D) The Landlord may take such action required to cure the breach and bill Tenant for any expenses incurred by the Landlord in curing such breach, and the Tenant shall be obligated to pay such bill immediately upon its receipt by Tenant. ATTORNEY FEES: If on account of any breach or default by Tenant in its obligations hereunder, Landlord shall employ an attorney to enforce or defend any of Landlord's rights or remedies hereunder, Tenant agrees to pay any reasonable attorney's fees incurred by Landlord in such connection. LATE PAYMENT CHARGES Late Payment charges shall accrue as authorized under the Texas Govemment Code, Chapter 2251. This charge shall be in addition to all other remedies provided 8 for herein. QUIET POSSESSION: Landlord hereby covenants that Tenant, upon paying rent as herein reserved, and performing all covenants and agreements herein contained on part of Tenant, shall and may peacefully and quietly have, hold and enjoy the Demised Premises. SUBORDINATION: Tenant hereby subordinates this lease and all rights of Tenant hereunder to any mortgage or mortgages, or vendor's lien or similar instruments shall be superior to and prior to this lease. Tenant further covenants and agrees that if any mortgagee or other lien holder acquires the Demised Premises by foreclosure, or if any other person acquires the Demised Premises as a purchaser at any such foreclosure sale (any such mortgagee or other lien holder or purchaser at any such foreclosure sale being each hereinafter referred to as "The Purchaser at Foreclosure "), Tenant shall thereafter, but only at the option of the Purchaser at Foreclosure, as evidenced by the written notice of its election given to Tenant within a reasonable time thereafter, remain bound by novation or otherwise to the same effect as if a new and identical lease between the Purchaser at Foreclosure as Landlord and Tenant as Tenant, had been entered into for the remainder of the term of the lease in effect at the institution of the foreclosure proceedings. Tenant agrees to execute any instrument or to confirm any election to continue this lease in effect in the event of foreclosure, as above provided. SEVERABILITY: If any clause or provision of this lease is illegal, invalid or unenforceable under present or future laws effective during the term of this lease, then and in that event it is the intention of the parties hereto that the remainder of this lease shall not be affected thereby, and it is also the intention of the parties to this lease that in lieu of each clause or provision that is illegal, invalid or unenforceable, there be added as a part of this lease a clause or provision as similar in terms to such clause or provision as may be possible and legal, valid and enforceable. The caption of each paragraph hereof is added as a matter of convenience only and shall be considered to be of no effect in the construction of any provision or provisions of this lease. MULTIPLE TENANTS: If more than one Tenant is named in this lease, the liability of each shall be joint and several. MISCELLANEOUS: 1. Tenant shall not place, install or operate in the Demised Premises or in any part of the building, any engine or machinery, or maintain, use or keep any inflammable explosive or hazardous material nor do any work causing noxious or malodorous fumes of any kind whatsoever without prior written consent of Landlord. 2. No signs, advertisements or notices shall be painted or fixed on or to any windows, or doors, or other parts of the building, except of such color, size and style, and in such places as approved by Landlord. 3. Tenant shall refer all contractors, contractor's representatives and installation technicians, rendering any service to Tenant to Landlord for Landlord's supervision, approval and control before the performance of any contractual service is done. This provision shall apply to all work performed in the building including installations of telephones, telegraph equipment, electrical devices, and attachments, and installations of any nature affecting floors, walls, woodwork, trim, windows, ceiling equipment or any other physical portions of the building. 9 Landlord shall not be responsible for any work or for contractor, contractor's representatives, or installation technicians who render any services for the Tenant and Tenant shall hold Landlord harmless therefrom. 4. Directory strips shall be furnished upon move -in, strips requested after Landlord will furnish move -in with an applicable charge. 5. No portion of Tenant's area or any other part of the building shall at any time be used or occupied as sleeping quarters or lodging quarters. 6. All services rendered by Building personnel who is the responsibility of the Tenant will be charged at current rates, which are subject to increase, with a minimum one (1) hour. 7. Landlord will not be responsible for lost or stolen personal property, equipment, money or jewelry from Tenant's area or public rooms regardless of whether such loss occurs when the area is locked against entry or not. 8. All plans for any improvements or alterations made by Tenant and at Tenant's expense, must be submitted for Landlord's approval. Upon completion of said improvements or alterations, "as built" drawings shall be furnished to Landlord by Tenant at Tenant's expense. 9. Landlord will not permit entrance to Tenant's suite by use of pass keys controlled by Landlord to any person at any time without written permission by Tenant, except employees, contractors, or service personnel directly supervised by Landlord. 10. Tenant warrants that it has had no dealing with any broker or agent in connection with negotiation or execution of this lease other than Landlord's broker, if any. Landlord's broker is ARMCO - Gulf Coast, LTD. CO RELOCATION: Upon at least sixty (60) days' notice to Tenant, the Landlord shall have the right to relocate Tenant within the building in a designated space which is the same size or larger and of the same quality and style and suited to Tenant's use. Such relocation shall be made at Landlord's sole expense, including necessary reprinting of Tenant's stationary, envelopes, business cards, door signs, exterior signage, and to re- establish the interior as their previous space, etc. Rent shall not be increased if the relocation office space is larger. Relocation date shall be contained in the relocation notice referred to above. Landlord shall not be liable to Tenant or in connection with such relocation except for undue delay or property damages caused by Landlord or Landlord's employees, agents or contractors. If and when relocation occurs, the lease shall be amended so as to substitute the new space for the old. NOTICE: Whenever any Notice or Demand is required or permitted pursuant to the terms and conditions of this Lease Agreement, such Notice or Demand shall be given or served in person or shall be deemed to have been served, whether actually received or not, when such Notice or Demand is reduced to writing and deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party to whom directed as follows: LANDLORD: Wilson Plaza Associates L. P. 606 N. Carancahua, #900 Corpus Christi, TX 78476 10 TENANT: The City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78410 Attn: Director of Municipal Courts Such address may from time to time change by either party hereto by serving Notice as provided herein. TENANT BROKER: In the event Tenant employs a broker to negotiate future Lease transactions, whether expansions or renewals, the fee charged by the Tenant's Broker shall be paid by the Tenant and not included in the new Lease. ENTIRE AGREEMENT: It is agreed by Tenant, as a material consideration for the execution of this Lease, that there are, and were, no verbal representations, understandings, stipulations, agreements or promises pertaining thereto not incorporated in writing herein, and it is likewise agreed that this lease shall not be altered, waived, amended or extended otherwise than as provided herein, except same may be done in writing signed by proper authority. TRANSFER OF LANDLORD'S LIEN: Landlord shall have the right to transfer and assign, in whole or in part, all and every feature of its rights and obligations hereunder and in the property and building referred to herein. Such transfers are to be in all things respected and recognized by Tenant. OTHER CONDITIONS: None. PARKING: The Demised Premises includes the right to the exclusive use of 10 parking spaces.. TENANT IMPROVEMENTS: Tenant agrees to pay, upon completion of improvements, to Landlord $18,250.00 in one lump sum. (See Exhibit "C -1" Tenant Improvement Cost Summary) WITNESS MY HAND this '_ Y ' day of inQrig , 20 10 . Focus Investment Co. L.L.C. General Partner By Robert H. Winter General Manager STATE OF TEXAS } COUNTY OF NUECES } This instrument was acknowledged before me on I c f Ck) ,2010 by Robert H. Winter,. General Manager for Focus Investment Co.l I _ 1 - . P. 1 1 - of Wilson Plaza Associates, LP, affib ScirahRoberN Printed name of Notary ,M'. SARAH M. ROBERTS MY COMMISSION EXPIRES December 29, 2013 tary Public' and for the tate of-Texas commission expires: 12.1.2q1;013 11 WITNESS MY HAND this day of , 20 CITY OF CORPUS CHRISTI, TEXAS Attest City Manager Armando Chapa City Secretary Approved as to form: .11.•-"L A— I Lisa Agui(a#, Assistant City Attorney for City Attorney STATE OF TEXAS } COUNTY OF NUECES } , 2010 This instrument was acknowledged before me on ,2010 by, ,City Manager for City of Corpus Christi, a Texas home -rule municipality, on behalf of such municipality. Printed name of Notary Notary Public in and for the State of Texas My commission expires: 12 EXHIBIT "A" LEGAL DESCRIPTION Situated in the County of Nueces, State of Texas, to -wit: TRACT: Lot No. One (1), Two (2), Three (3), Four (4), Five (5) and Six (6) in Nixon Replat of the Lots No. Five (5), Six (6), Seven (7), and Eight (8), Block Three (3), BLUFF PORTION of the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded on Volume 4, Page 18, Map Records, Nueces County, Texas. TRACT II: Lots (2), in Block Three (3), Four (4), Nine (9), Ten (10), Eleven (11) and Twelve (12), in Block Three (3), of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown by the map or plat thereof„ recorded in Volume A, Page 3, Map Records, Nueces County, Texas. TRACT III: Being a part of the BLUFF PORTION of the City of Corpus Christi, Texas, as shown on the map or plat of said city, recorded in Volume A. Page 3, Map Records, Nueces County, Texas and being more particularly described by Metes and bounds as follows: BEGINNING at a drill hole, in a concrete retaining wall, in the east boundary line of North Carancahua Street, the southwest comer of Block 3, BLUFF PORTION of the City of Corpus Christi, Texas and southwest corner of the R. M. Kleberg Tract, for the northwest corner of this survey; Thence South 88 degrees 31'20" East with the south boundary line of said Block 3, and north boundary line of said Kleberg Tract, and with the general course of an old board fence, 301.76 feet to a one inch iron pipe in the west boundary line of North Broadway, the Southeast corner of said Block 3, the northeast corner of said Kleberg Tract, for the Northeast comer of this survey; THENCE South 1 degree 00'West with the said West boundary of North Broadway, and east boundary line of said Kleberg Tract, 50 feet to a one inch iron pipe for the Southeast corner of this Survey; THENCE North 88 degrees 31'20" West parallel with said south boundary line of Block 3, and north boundary line of said Kleberg Tract, 301.84 feet to a drill hole in a concrete retaining wall in said east boundary line of North Carancahua Street, and west boundary line of said Kleberg Tract, for the southwest comer of this survey; THENCE North 1 degree 05'20" East with said east boundary line of North Carancahua Street and west boundary line of said Kleberg Tract, 50 feet to the PLACE OF BEGINNING and being the same land as described in a certain deed dated May 5, 1930, from R. M. Kleberg, and wife, Mamie S. Kleberg to D. K. Martin, Trustee, which is recorded in Volume 194 page 138 -139, Deed Records, Nueces County, Texas. 13 EXHIBIT'ir FLOOR PLAN CAPANDINUA Tina iiktoiamv'slm:Nkin,$ss,11\11 NA EZ g 101 ]NI)121dd Amavoas a3dan N 14 EXHIBIT "C" TENANT IMPROVEMENTS All improvements listed below in this Exhibit shall be completed by the Landlord and paid by the Tenant. (See Exhibit "C -1" Tenant Improvement Cost Summary) Landlord warrants that all work performed shall be done in compliance with applicable Federal, State and Local laws and regulations. FLOORING - Building Standard carpet shall be installed in the area shown on Exhibit "D ". Tenant shall select color. Building Standard Cove Base. Existing carpet to be cleaned. Install Building Standard carpet in area shown on Exhibit "D ". LIGHTING - Building Standard CEILING - Building Standard ELECTRICAL - Building Standard DEMISING WALLS - Building Standard INTERIOR DOORS - Building Standard EXTERIOR DOORS - As existing DEMOLITION - See Exhibit "D" CONSTRUCTION - Building Standard See Exhibit "D" SIGNAGE — Lettering shall be installed on the glass next to the entry of suite #105, comer of Leopard Street and N Carancahua Street. DOOR KEYS - Suite keys shall be furnished as per building standard. CARD ACCESS - Access cards for the garage and after hours building entry will be assigned (these must be returned in good condition. Do not mark on them. There will be a $25.00 charge per card for replacement or damaged cards. This fee may increase; however, tenant shall be notified.) 15 EXHIBIT "C -1" TENANT IMPROVEMENT COST SUMMARY TOTAL TOTAL 16 $18,250.00 ELECTRICAL $2,765.00 Install /relocate switches. duplex outlets. copier outlet where needed Add /relocate sprinkler heads. vents, lights CONSTRUCTION/PAINTING $12,035.00 Demo walls. ceiling , electrical. shelving and counters Construct walls per building standard Install doors. frames Tape. float, texture and paint walls, doors and trim Install building standard ceilings Construct wall for tenant seperation Install locks and hardware FLOORING $3,450.00 Install building standard carpet as per option #5 This quote includes Labor and Material TOTAL 16 $18,250.00 1- W CE H CARANCAHUA EXHIBIT "0" CONSTRUCTION PLAN LEOPARD STREET NEW CARPET • PAINCI ENTIRE CLEAN EXISTING car • MA 5 1 17 EXHIBIT "E" RULES & REGULATIONS FOR PROTECTION OF TENANT AND PROPERTY 1 The requirements of Tenant will be attended to only upon application at the office of the building. Employees of Landlord will not perform or do anything outside of regular duties, unless under special orders from Landlord's Management Office. 2. Tenant will be allowed access to the building between 7:00 am and 6:00 pm. Tenant may also enter the building after these hours using their lobby keys and their office keys. He may exclude anyone not satisfying the watchman of his right to enter the building. The Landlord will in no case be liable for damages for any error with regard to the admission to or exclu- sion from the building of any person. In case of invasion, riot, public excitement or other commotion, Landlord reserves the right to prevent access to the building during the continuance of same by closing doors or otherwise. 3. The sidewalks, entries, passages, court, corridors, stairways, elevators and all other common areas shall not be obstructed in any way, by Tenant, his employees or agents, or used by them for purposes other than for ingress or egress to and from their respective suites. 4. All safes or other heavy articles shall be carried up or into premises only at such times and in such a manner as shall be prescribed by Landlord, and Landlord shall in all cases have the right to specify the proper weight and position of any such safe or heavy article. Any damage done to the building by taking in or removing of said articles, or during the time they are in the leased premises, in any way, shall be paid by Tenant. Defacing or injuring in any way, in any part of the building by Tenant, his agents or servants, shall be paid by Tenant. 5. No furniture, packages, supplies, equipment or merchandise shall be received in the building or carried up or down elevators, except between such hours and in such elevators as shall be designated by Landlord. 6. No sign, fixture, advertisement or notice shall be displayed, painted or affixed by Tenant on any part of the outside or the inside of said building or on or about the premises of any Tenant without the written consent of Landlord, and only then of such color, size, style, materials and other specifications as shall be specified by Landlord and such approval shall not be unreasonably withheld. 7 No Tenant shall obstruct or interfere with the rights of other Tenants or in any way injure or annoy them, or conflict with the laws relating to fire, or with any regulation of the fire department, or with any insurance policy upon said building or any part thereof, or conflict with any of the rules or ordinances of the Board Of Health Of Corpus Christi, Texas. No Tenant shall employ any person or persons other than the janitor of Landlord for the purpose of cleaning or taking care of the leased premises without written consent of Landlord. Landlord shall in no way be responsible to any Tenant for any loss of property from leased premises, however occurring, or for any damage done to the furniture by the janitor or any of his employees, or by other person or persons whomever, when in the employ of Tenant. The janitor of the building may at all times keep a passkey and he and other agents of Landlord shall at all times be allowed admittance to the leased premises. 9. No additional locks shall be placed on any doors without the prior written consent of Landlord, nor shall any duplicate keys be made. Landlord shall furnish all necessary keys and it shall be surrendered to Landlord upon termination of this lease, and Tenant shall then give Landlord or his agents, explanation of the combination to all locks upon doors of vaults, 18 with the exception of ATM. Landlord will fumish keys requested after initial keys have been made with an applicable charge to Tenant. 10. The restrooms, lavatories, drinking fountains and other water fixtures shall not be used for any purpose other than those for which they were constructed, and any damage resulting to them from misuse, or defacing or injury of any part of the building shall be borne by the person who shall occasion it. No person shall waste water by interfacing with the faucets or otherwise. Drinking fountains are not to be used for the cleaning of coffee pots. Coffee grounds are not to be disposed of in drinking fountains or sinks. 11. No person shall disturb the occupants of the building by the use of any musical instrument, the making of unseemly noises, or by interfering in any way. No animals will be allowed in the building, with the exception of such animals as specifically trained to aid the handicapped. 12. No bicycles or similar vehicles are to be allowed in the building. 13. Nothing shall be thrown or lowered from any of the windows from the building or down the stairwells or other passages. 14. Landlord shall not be liable for any damages from the stoppage of elevators for necessary repair and maintenance or desired repairs and improvements or delays of any sort or duration in connection with the elevator service. 15. If Tenant desires telegraphic, telephonic or other electronic connections, Landlord or its agents will direct the technicians as to where and how the wires may be introduced, and without such directions no boring or cutting of wires will be permitted. 16. Tenant shall not be permitted to use or keep in the building, any kerosene, camphene, burning fluid or other illuminating materials, except candles, and except the electricity in general use in the building. 17. No sleeping, cooking, dyeing clothes, cleaning, or laundering shall be done or permitted on the demised premises without the written consent of Landlord, with the exception of normal microwave oven use. 18. Landlord reserves the right to exclude or expel from the building any person who, in the judgement of Landlord, is intoxicated or under the influence of liquor or drugs, or shall in any manner do any act in violation of any rules and regulations of the building. 19. Movement in or out of the building of fumiture or office equipment or dispatch or receipt by the Tenant of any merchandise or materials which require the use of elevators or movement through the building entrances or lobby shall be restricted to the hours designated by Landlord. The Land -lord may require any such movement of fumiture or equipment that will interfere with normal building traffic is to be restricted to odd hours, as follows: after 6:00 am Monday through Friday, or Saturday and Sunday. 20. Removal of fumiture from the building will require presentation of a permit or written authorization to an authorized representative of Landlord. Security guards, janitors, watchmen, as well as employees and agents of Landlord have the right to challenge any and all persons leaving the building with such articles. 21. Canvassing, soliciting or peddling in the building is prohibited without written consent from Landlord, and Tenant shall cooperate to prevent it. 22. All stairwell doors are to be kept closed at all times. The stairwells are a refuge in case of fire, and an open door may permit smoke to ,enter the area thereby making evacuation impossible. 23. Use of space heaters of any kind are prohibited in Wilson Plaza. 19 EXHIBIT "F" (Left Blank) 20 EXHIBIT "G" ACKNOWLEDGEMENT OF LEASE The undersigned parties acknowledge that the lease described below is in full force and effect. Date of lease: March 3, 2010 Landlord: Wilson Plaza Associates L. P. Tenant. The City of Corpus Christi Suite No. 105 Square feet of rentable area 4,802 Building address: 615 Leopard City /County /State/Zip: Corpus Christi, Nueces, Texas, 78476 Building legal description: The Wilson Plaza an addition to the City of Corpus Christi, Nueces County, Texas, (see Exhibit "A ": Legal Description), address of such premises being shown and outlined on attached Exhibit "B ". The commencement date, annual anniversary date, and ending date of the initial lease term as defined in paragraph 4.1 of above lease are as follows: Commencement date (month, day, year) May 1, 2010 Annual Anniversary date (month, day) May 1 Ending date (month, day, year) September 30, 2011 The parties acknowledge that the lease has not been amended or modified and that his acknowledgement may be filed of record with the Texas Secretary of State or the county where the building is located in order to record (1) Tenant's possession rights to the leased premises, and (2) Landlord's contractual landlord lien rights over all personal property therein. The entire lease is hereby affirmed and incorporated herein. The lease will cease to be an encumbrance to Landlord's title if Landlord files an affidavit of record, stating that Tenant no longer occupies the premises and that Tenant's right of possession has been lawfully terminated. LANDLORD: TENANT: The City of Corpus Christi Focus Investment Co. L.L.C. General Partner by Robert H. Winter, General Manager gn7r79Aaflaer Date Signed 21 City Manager Date signed Approved as to town: Lisa Aguilar Assistant ty Attorney For City Attorney 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 23, 2010 AGENDA ITEM: Ordinance appropriating $3,000 grant from the Texas Commission on the Arts in the No. 1067 Arts and Cultural Commission grant fund for the 2010 Festival of the Arts; and declaring an emergency. ISSUE: The City of Corpus Christi, Arts & Cultural Commission received a grant from the Texas Commission on the Arts in support of the 2009 Festival of the Arts, a three day weekend event held at the Art Center of Corpus Christi on March 26th 27th 28th The funds used to match the grant be from the FY 09 -10 Arts and Cultural Commission budget ($3,000 to match). REQUIRED COUNCIL ACTION: Authorization to appropriate $3,000 received from the Texas Commission on the Arts in support of the 2010 Festival of the Arts. PREVIOUS COUNCIL ACTION: Resolution No. 027612 authorizing the City Manager or his designee to submit a grant application to the Texas Commission for the Arts for a $10,000 grant to support the 2009 Festival of the Arts was passed and approved by City Council on March 25, 2008. CONCLUSION AND RECOMMENDATION: The City of Corpus Christi, Arts and Cultural Commission approved the request for the application and is in the concluding phase for the event using Council approved funding. Stacie A. Talbert, Interim Director Parks and Recreation Department StacieT(acctexas. com 361- 826 -3476 ATTACHMENTS: Background TCA Grant Contract Background Information The Arts & Cultural Commission received a grant from the Texas Commission on the Arts in support of the 2010 Festival of the Arts, a free, 3 -day weekend event held at the Art Center of Corpus Christi on March 27th, 28tH, 29th The $3,000.00 used to match the grant are from the FY 09 -10 Arts and Cultural Commission budget. These funds are used for marketing the event. This FREE 3 day event includes Italian Street Painting by returning internationally recognized artists, Julie Kirk and Melanie Stimmell. This years' festival includes artistic and cultural individuals that provide an exciting array of talent in performances and visual art exhibits, demonstrations, vending, and an art-full KidZone. Texas ./ Commission on the Arts November 2, 2009 Joye LaBarrett City of Corpus Christi /Arts and Cultural Commission 1581 Chaparral St Corpus Christi TX 78401 GRANT #: 10-31403, TITLE: Economic Development Dear Jo'ye LaBarrett: Investing i11 d Creative Texas Your Revised Budget for the above - referenced grant has been approved. Enclosed are grant contracts and other important information about your grant. The two loose copies of the contract must be signed by Sally Gavlik and both copies returned to Texas Commission on the Arts by December 1, 2009. If there has been a change of authorized official and someone else is signing this contract, include a letter explaining the change. The copy of the contract marked "Organization Copy ", along with the Terms and Conditions attached, and all other information in this packet, should be retained in your file for this grant. Please read the enclosed memos: "Managing Your Grant ", "Evaluations and Site Visits ", and "ineligible Requests/Texas Penal Code ". A copy of the fully executed contract will be returned to you with the grant payment according to your requested payment date. If this date has already passed, your payment and contract copy will be mailed as soon as possible. Please remember your grant payment is contingent upon the availability of state and /or federal funds, the completion of any past grant reports, and receipt of copies of your legislative thank you letters. If changes arise during the course of the project (budget items, description, project dates), amendments must be requested in writing in accordance with the Amendments and Changes section of the Contract, prior to the contract ending date. TCA has no flexibility around the fiscal year window (September 1 - August 31), but will always try to help your organization through project changes and transitions. If you have questions or need additional information, please contact me via e-mail cassandrauarts.state.tx.us or by phone at 512/936 -6563, or 800/252 -9415 (message only). E.O. Thompson Bldg. 920 Colorado, 5th Floor Austin, Texas 7701 PO Box 13406 Austin, Texas 78711-3406 512/463 -5535 800/252 -9415 512/475 -3327 TTY 512/475 -2699 Fax front iack.aartc hate tx.u5 Sincerely, Cassandra Scholte Jensen Administrator of Grants & Contracts Enclosures #10 -31403 Arts Respond Project: Economic Development CONTRACT FOR SERVICES BETWEEN TEXAS COMMISSION ON THE ARTS AND CITY OF CORPUS CHRISTI /ARTS AND CULTURAL COMMISSION STATE OF TEXAS () COUNTY OF TRAVIS 0 SECTION 1. PARTIES TO CONTRACT This contract and agreement is made and entered into by and between the Texas Commission on the Arts, an agency of the State of Texas, hereinafter referred to as "the Commission" and, City of Corpus Christi /Arts and Cultural Commission hereinafter referred to as "Service Provider." SECTION 2. CONTRACT PERIOD The period for performance of this contract shall commence 09/01109 and shall terminate 03131110. SECTION 3. SERVICES The Service Provider shall, during the period of this contract, provide the services, activities, and performances in accordance with Attachment A, which is attached hereto and made a part of this contract for all purposes as if set forth in full herein. SECTION 4. GRANT AWARD In consideration of the Service Provider's full and satisfactory performance of the obligations specified in this contract and subject to the conditions stated under "Obligations of the Commission" and the "Matching Share" requirement detailed in the Terms and Conditions, the Commission shall pay to the Service Provider an amount not to exceed $3000. A11 funds provided by the Commission must be expended within the contract period specified in Section 2. SECTION 5. EVALUATION REPORT The Service Provider shall submit to the Commission not later than 04/30110 a properly completed Evaluation Report Form (ERF). SECTION 6. AMENDMENTS AND CHANGES This contract is the entire agreement of the parties. Any changes, deletions, extensions, or amendments to this contract shall be in writing and signed by both parties prior to the ending date of this contract as specified in Section 2. Any other attempted changes including oral modifications, written notices not signed by both parties; or other modifications of any type shall be invalid. Requested Pay Date; 1 ?O1/c, TEXAS COMMISSION ON THE ARTS CONTRACT FOR SERVICES #10-31403 Arts Respond Project: Economic Development SECTION 7. MUTUAL OBLIGATIONS The parties hereto have severally and collectively agreed, and by the execution of this contract are bound to the mutual obligations and to the performances and accomplishment of the tasks described herein, including the Terms and Conditions which are attached hereto and made a part of this contract. SECTION 8. NON - PAYMENT OF CHILD SUPPORT "Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in the contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate." If the contractor or owner of a 25 percent or greater interest in the contractor is more than 30 days in arrears in the payment of an obligation to pay child support, the contractor may not receive payments under the contract and the contract may be cancelled. By signing this contract, you are certifying that you are in compliance with the above provision. The dispute resolution process provided for in chapter 2260 of the Texas Government Code must be used by the Texas Commission on the Arts and "CONTRACTOR" to attempt to resolve all disputes arising under this contract. The terms of this contract are accepted by the parties. Persons signing are expressly authorized to obligate the parties to the terms of this contract. • .'•• SERVICE PROVIDER • MAIO ?MA( 'Signature of Authorized Official 4 -kAU4 c . "("oAe,(\- 1�,4��t,r, Di✓etAr( Printed or Typed Name Date TEXAS COMMISSION ON THE ARTS Mary Lopez, Chief Financial Officer D ate Sally Gavlik City of Corpus Christi /Arts and Cultural Commission 1581 Chaparral St Corpus Christi TX 78401 Date: 1210 1/0 Page 1 of 2 AN ORDINANCE APPROPRIATING $3,000 GRANT FROM THE TEXAS COMMISSION ON THE ARTS IN THE NO. 1067 ARTS AND CULTURAL COMMISSION GRANT FUND FOR THE 2010 FESTIVAL OF THE ARTS; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $3,000 grant from the Texas Commission on the Arts is appropriated in the No. 1067 Arts and Cultural Commission Grant Fund for the 2010 Festival of the Arts. 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 of March, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: %'v", 1''4 , 2010 By: Lisa Agui r Assistant City Attorney For City Attorney H: \LEG -DI R\Jea nn ie \Lisa \Ord inances- Resolutions \ ORD- Approp- FestivalofArts2010.doc Corpus Christi, Texas Day of , 2010 Page 2 of 2 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H: \LEG -DI R\.Jeann ie \Lisa \Ord ina nces- Resolutions\ ORD- Approp- FestivalofArts2010.d oc 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 23, 2010 AGENDA ITEM: Ordinance approving the transfer of $60,858.00 from the Maintenance Services Fund NO. 5110 to and appropriating in the Visitors Facilities Fund NO. 4710 for water damage repairs to the Selena Auditorium building at the American Bank Center; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations and revenues by $60,858.00 each; and declaring an emergency. ISSUE: Selena Auditorium was in need of repairs related to water damage. REQUIRED COUNCIL ACTION: Approval of Ordinance is required. PREVIOUS COUNCIL ACTION: NONE CONCLUSION AND RECOMMENDATION: City Staff recommends approval of the Ordinance. Eddie Houlihan Assistant Director of Financial Services EddieHo(a�cctexas.com (361)2526 -SiiN2 Attachments: BACKGROUND INFORMATION ADDITIONAL INFORMATION: Water damage was discovered in various back stage mechanical rooms and hallways. These areas are not open to the public and not used by performers. The damage required immediate repair to prevent further deterioration, which would increase the cost of repairs. The repairs have now been completed, and the transfer and appropriation of funds is required to authorize payment. Page 1 of 2 ORDINANCE APPROVING THE TRANSFER OF $60,858.00 FROM THE MAINTENANCE SERVICES FUND NO. 5110 TO AND APPROPRIATING IN THE VISITORS FACILITIES FUND NO. 4710 FOR WATER DAMAGE REPAIRS TO THE SELENA AUDITORIUM BUILDING AT THE AMERICAN BANK CENTER; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 TO INCREASE APPROPRIATIONS AND REVENUES BY $60,858.00 EACH; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That an amount of $60,858.00 from the Maintenance Services Fund No. 5110 is transferred to and appropriated in the Visitors Facilities Fund No. 4710 for water damage repairs to the Selena Auditorium building at the American Bank Center. SECTION 2. That the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 is changed to increase appropriations and revenues by $60,858.00 each. SECTION 3. 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 of , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to forrrk 15- Mar -10 AIWA I Veronica Ocana Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor H: \LEG- DIR \VeronicaO \1.ENG \1 AGENDA ITEM S \10\032310 1032310 ORD- Transf + Approp $60,858 water repair to Selena Auditorium.doc Page 2 of 2 Corpus Christi, Texas Day of , 2010 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:\LEG- DIR \VeronicaO \1.ENG\1 AGENDA ITEM S \10\032310 \032310 ORD- Transf + Approp $60,858 water repair to Selena Auditorium.doc 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 23, 2010 AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute an agreement with Dr. Colette Simon to serve as the alternate local Health Authority for the Public Health District. ISSUE: An Agreement has been executed for a local Health Authority. This resolution will authorize the City Manager to execute an agreement for an alternate local Health Authority. REQUIRED COUNCIL ACTION: Council Action is necessary to execute a Professional Service Agreement for an alternate local Health Authority. PREVIOUS COUNCIL ACTION: Council approved Dr. Colette Simon as the alternate local Health Authority with a Compensation Agreement on January 24, 2006. On December 14, 2004, Council authorized the City Manager to appoint a local Health Authority and execute a Compensation Agreement and also a Professional Service Agreement with Dr. Colette Simon as the alternate local Health Authority. CONCLUSION AND RECOMMENDATION:. Staff recommends City Council execute a Professional Services Agreement with Dr. Colette Simon as alternate local Health Authority C. Yeaagi Margie . Rose Assistant City Manager margier(a.cctexas.com 361.826.3232 Attachments PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, AND ALTERNATE HEALTH AUTHORITY THE STATE OF TEXAS § COUNTY OF NUECES KNOW ALL BY THESE PRESENTS: Section 1. Parties. This alternate health authority agreement ( "Agreement ") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its City Manager or the City Manager's designee ( "City Manager "), Nueces County ( "County "), a political subdivision of the State of Texas, acting through its County Judge or the County Judge's designee ( "County Judge "), and Dr. Colette Simon, M. D., a licensed medical doctor of the State of Texas, in his /her individual capacity ( "Dr. Simon "). For the purposes set out in this document, the City and County, acting as an organized local public health district pursuant to an existing cooperative agreement between the parties, may collectively be referred to as the "Health District" in this Agreement. Section 2. Engagement. The Health District engages Dr. Simon to provide professional services for the Health District in the capacity of the Health District's appointed alternate local health authority ( "Alternate Health Authority "), as the specific term and duties are defined under State law, as a designee of and for Dr. William Burgin, Jr., M. D. ( "Dr. Burgin "). Section 3. Contract Administrator. This Agreement will be administered by the City on behalf of the purposes of the Health District. Section 4. Term. Following appointment by the Health District's governing bodies, the term of this Agreement commences upon execution by the last party and terminates under the provisions of Section 19 of this Agreement. Section 5. Services. In consideration of payment to be made for services rendered, Dr. Simon agrees to provide professional services including, but not limited to, serving as the Medical Director, serving as the local Alternate Health Authority, and performing the duties specified in Chapter 121 of the Texas Health and Safety Code for the Health District, whose main facility is located at 1702 Horne Road, Corpus Christi, Nueces County, Texas, and to the subdivisions of the City and County's Health Departments, such as Vital Statistics, Animal Control, and Vector Control, which are physically located elsewhere within the jurisdictional limits of Nueces County ( "Services ") as the alternate selected and paid by Dr. William Burgin, Jr. In the event that Dr. Simon provides specific program - related professional duties to the District's infectious diseases program or other clinical programs, Dr. Simon shall be paid separately in accordance with the relevant State or federal program grant. Section 6. Emergency Operations Center. In the event of a weather, biological, or health emergency, or other public emergency, Dr. Simon additionally agrees to provide Services upon activation of operations by the Emergency Operations Center ( "EOC "), which is located in the Frost Bank Building on Leopard Street, Corpus Christi, Texas. Dr. Simon shall report to the EOC upon the request of the City or County EOC Director ( "Director ") and will remain on duty until released by the Director. Section 7. Relationship of the Parties. (A) Dr. Simon will perform all Services as an independent contractor and will furnish the Services in his /her own manner and method. Under no circumstances or conditions will Dr. Simon be considered an employee of the City or County or the District for any purpose or reason. Dr. Simon may only act as an agent of the Health District in the capacity of a medical director and local Alternate Health Authority under State law. (B) Dr. Simon acknowledges that he /she is competent, capable, qualified, and duly licensed by the State of Texas to perform the Services specified under this Agreement. Dr. Simon, subject to the selection by Dr. Burgin and approval of and appointment by the City and County, shall serve as a designee of and for Dr. Burgin in the event of Dr. Burgin's absence, incapacitation, or inability to serve under the terms of Dr. Burgin's separate agreement with the Health District and Chapter 121 of the Texas Health and Safety Code. Section 8. Fee /Compensation for Services. (A) In the event that Dr. Burgin utilizes the services of Dr. Simon, as his alternate, for any portion of any day under the term of this Agreement, Dr. Burgin shall be responsible for compensating Dr. Simon as specified under the terms of Dr. Burgin's separate agreement with the Health District. (B) Dr. Simon acknowledges and agrees that he /she is personally responsible for the payment of all federal, State, and local taxes and fees, of any nature whatsoever, accruing or that may derive from the receipt of compensation, by Dr. Simon, under this Agreement. Section 9. Insurance Required. (A) Before the performance required under this Agreement can begin, Dr. Simon shall deliver copies of all Certificates of Insurance ( "Certificates ") required by Exhibit A, which is attached to this Agreement and incorporated in this Agreement by reference, as proof that the required insurance coverage provisions of this Agreement have been satisfied. Copies of the Certificates must be submitted to the City's Risk Manager ( "Risk Manager ") and to the City Manager. Dr. Simon must maintain in good standing and keep in force all insurance coverages required under this Agreement for the term of this Agreement. (B) The Certificates must state, in writing on the face of each document, that the Risk Manager shall be given at least 30 days written notice of cancellation, any material change, or in -tent not to renew any of the policies required under this Agreement, by certified mail. Additionally, the City of Corpus Christi and Nueces County must be named as separate additional insureds for liability arising from Dr. Simon's provision of Services under this Agreement. (C) If the insurance company or companies utilized by Dr. Simon elects to use the standard ACORD form, the cancellation clause located on the bottom right of each ACORD form must be amended by adding the wording "materially changed or" between "be" and "canceled," Health% 20Authority %20Substit%20Comp %20Agmt %202010 %20Final %2020100225[1] Page 2 of 9 deleting the words "endeavor to," and deleting the wording after "left." In lieu of modification of an ACORD form, separate endorsements addressing the same substantive requirements, as stated in this section and Exhibit A, are mandatory on the ACORD form. (D) Dr. Simon must provide workers' compensation coverage through a licensed insurance company or through self- insurance obtained in accordance with Texas law. Section 10. Indemnification. To the extent allowed by Texas law, Dr. Simon ( "Indemnitor ") will indemnify and hold harmless the City, the County, and their respective officers, employees, representatives, and agents ( "Indemnitees ") from and against any and all liability, damages, loss, claims, demands, suits, and causes of action of every nature whatsoever asserted against or recovered from the Indem- nitees, or any of them individually, on account of personal injuries (including, without limitation on the foregoing, workers' compensa- tion, premises defects, and death claims), property loss or damage, or any other kind of damage, including dishonest, fraudulent, neg- ligent, or criminal acts of the Indemnitor or any of his /her employees, representatives, or agents, acting alone or in collusion with others, and including all expenses of litigation, court costs, and attorneys' fees which arise, or are claimed to arise, out of or in connection with the services provided by the Indemnitor pursuant to this Agreement, regardless of whether such injuries, death, or damages are caused or claimed to be caused by the concurrent or contributory negligence of the Indemnitees, or any of them individually. The Indemnitor cove- nants and agrees that, if the Indemnitees, or any of them individually, are made a party to any litigation against the Indemnitor or, in any litigation commenced by any party other than the Indemnitor, relating to this Agreement, the Indemnitor, shall, upon receipt of reasonable notice regarding the commencement of any litigation, at its own expense, investigate all claims and demands, attend to their settle- ment or other disposition, defend the Indemnitees collectively or each separately, in all actions based thereon with counsel satis- factory to the Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 11. Nondiscrimination. Dr. Simon shall not discriminate nor permit discrimination against any person or group of persons, as to employment or in the performance of Services under this Agreement, on the grounds of race, religion, national origin, sex, disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Heatth% 20Authority %20Substit %20Comp %20Agmt% 202010 %20Final %2020100225(11 Page 3 of 9 and County each retains the right to take such action as the United States may direct to en- force this non - discrimination covenant. Section 12. Compliance with Laws. Dr. Simon must comply with all applicable federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to the Services to be rendered under this Agreement and to his /her performance under this Agreement. Section 13. Notices. (A) All notices, demands, requests, or replies provided for or permitted, under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by de- posit with an overnight express delivery service, for which service has been prepaid; or, (5) by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service in the manner described above will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax will be deemed effective upon trans- mission with proof of delivery to the receiving party. All such communications must only be made to the following: IF TO THE HEALTH DISTRICT: City of Corpus Christi Attn: City Manager P. O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880 -3220 Office (361) 880 -3839 Fax With a copy to: IF TO DR. SIMON: Dr. Colette Simon 1902 Morgan Ave Corpus Christi, TX 78404 (361) 884 -9400 Office (361) 816 -4998 Cell (361) 906 -2626 Fax Nueces County Attn: County Judge 901 Leopard St., Rm. 303 Corpus Christi, TX 78401 (361) 888 -0444 Office (361) 888 -0445 Fax (C) Either party may change the address to which notice is sent by using a method set out above in this section. Dr. Simon must notify the Health District of an address or phone number change within 10 days after the address or number is changed. Section 14. Amendments. No alterations, changes, or modifications to the terms of this Agreement nor the waiver of any provision will be valid unless made in writing and signed by Health Authority Substit Comp Agmt 2010 Final 20100225 Page 4 of 9 party. With respect the Health District, the parties authorized to sign are as stated in the parties' cooperative agreement. Section 15. Waiver. (A) The failure of any party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights under this Agreement. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by any party at any time, express or implied, will be taken to constitute a waiver of any subsequent breach of the covenant or condition nor will justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition of this Agreement. (C) If any action by Dr. Simon requires the consent or approval of the Health District on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Dr. Simon's default of any provision of this Agreement will not be considered an estoppel against the Health District. It is expressly understood that, if at any time Dr. Simon is in default of any of the conditions or covenants of this Agreement, the failure on the part of the Health District to promptly avail itself of any rights and remedies which the Health District may have will not be considered a waiver on the part of the Health District, but the Health District may at any time avail itself of said rights or remedies or elect to terminate this Agreement on account of said default. (E) The rights and remedies in this section are cumulative and are in addition to any other rights and remedies provided by law. Section 16. Budgetary Appropriations. Dr. Simon understands and acknowledges that the continuation of this Agreement after the close of any fiscal year of the City or County, which fiscal year ends on July 31 and September 30, respectively, of each year, is subject to sufficient appropriations and budget approval providing for or covering this Agreement as an expenditure in the City's and County's budgets. Neither the City nor the County represents to Dr. Simon that said budget item will be actually adopted, the determination as to appropri- ations and expenses being within the sole discretion of the City's and County's governing bodies at the time of adoption of their respective budgets. If revenue funds are not appro- priated by the City and County for any individual fiscal year following the execution of this Agreement, the Health District reserves the right to terminate this Agreement without penalty. Section 17. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 18. Assignment and Transfer of Agreement. This Agreement may not be, in whole or in part, assigned or transferred, directly or indirectly, by Dr. Simon without the prior Health% 20Authority %20Substit %20Comp %20Agmt% 202010 %20Final %2020100225[11 Page 5 of 9 written consent of the Health District. Subject to the foregoing, this Agreement shall be binding upon the Health District and Dr. Simon and each of their respective successors and assigns. Section 19. Termination of Agreement. (A) This Agreement terminates upon the earlier of the following: (1) The termination date specified in a written notice sent to Dr. Simon from the Health District; (2) Lack of budgetary appropriations by the City or County, as specified in Section 16; (3) Expiration of the appointment of Dr. Burgin to act as the local Health Authority; (4) Expiration of the appointment of Dr. Simon to act as the local Alternate Health Authority; Following written notice to the City and County by Dr. Burgin of the withdrawal of Dr. Burgin's consent to have Dr. Simon serve as Dr. Burgin's designee, on behalf of the Health District, pursuant to Chapter 121 of the Texas Health and Safety Code; (5) or (6) By mutual consent of the parties to this Agreement. (B) In the event of a termination of this Agreement, any unpaid compensation due by the Health District to Dr. Simon for Services performed up to the effective date of termination will be paid to Dr. Simon within 10 days of the effective termination date. (C) The parties acknowledge and agree that this Agreement may be terminated with or without cause. Section 20. Venue and Jurisdiction. (A) All actions brought to enforce compliance will be brought in Nueces County, where this Agreement was executed and will be performed. (B) This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 21. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof 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 said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. Health% 20Authority %20Substit %20Comp %20Agmt %202010 %20Final %2020100225[1 ] Page 6 of 9 (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 thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 22. Disclosure of Interest. In compliance with Section 2 -349 of the City's Code of Ordinances, Dr. Simon agrees to complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit B, the contents of which are incorporated in this document by reference as if any disclosure forms required by D l e County hellafing to this responsible for completing a y Agreement. Section 23. Entirety Clause. This Agreement and the attached and incorporated exhibits constitute the entire agreement between and unde stand ngsuo al or otherwise,llwlther agreements, promises, representations, reference to the subject matter hereof, unless contained in this Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Dr. Simon's performance hereunder. (EXECUTION PAGES FOLLOW) Health% 20Authority %20Substit %20Comp %20Agmt %202010 %20Final %x2020100225(1) Page 7 of 9 EXECUTED IN TRIPLICATE, each of which will be considered an original, on this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa `Angel R. Escobar City Secretary City Manager APPROVED AS TO FORM ONLY: , 2010 Elizabeth R. Hundley Assistant City Attorney for the City Attorney STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of by `Angel R. Escobar, City Manager of the City of Corpus Christi, Texas, a home -rule municipal corporation, on behalf of the corporation. (seal) Notary Public, State of Texas ATTEST: NUECES COUNTY Diana Barrera County Clerk Samuel L. Neal, Jr. County Judge APPROVED AS TO FORM ONLY: , 2010 Laura Garza Jimenez County Attorney Health% 20Authority %20Substit %20Comp %20Agmt %202010 %20Final %2020100225[1 , 2010, Page 8 of 9 STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the , day of 2010, by Samuel L. Neal, Jr. County Judge of Nueces County, Texas, a political subdivision of the State of Texas, on behalf of the county. Dr. Colette Simon, in his /her individual capacity ) min t rb i nature (]o(e*e 6i nit »i ] Printed Name i 1 J ) Texas M dical License Number 3J I W Date STATE OF TEXAS COUNTY OF NUECES 1/�1t�C%L� This instrument was acknowledged before me o n the Yday of , 2010, ical doctor by and by Dr. Colette Simon, an individual licensed as a medical Y residing in the State of Texas. (seal) WILLIAM J. HODGES JR Notary Public STATE OF TEXAS My Comm. Exp. May. 08, 2011 (/g d c otary Pic, Sta e of Texas Health% 20Authority %20Substit %20Comp %20Agmt %202010 %20Final %2020100225[1 ] Page 9 of 9 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH DR. COLETTE SIMON TO SERVE AS THE ALTERNATE LOCAL HEALTH AUTHORITY FOR THE PUBLIC HEALTH DISTRICT. 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 execute an agreement with Dr. Colette Simon to serve as the alternate local Health Authority for the Corpus Christi- Nueces County Public Health District. ATTEST: Armando Chapa City Secretary APPROVED: March 18, 2010 Elizap "-th R. Hundley Assistant City Attorney for the City Attorney EHres259.doc CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHres259.doc 14 AGENDA MEMORANDUM City Council Action Date: March 23, 2010 SUBJECT: Oso Water Reclamation Plant West Plant Aeration Basins Walkway Structural Improvements (Project No. E09008) CIP 2010 No: WW 15 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with J. S. Haren Company of Athens, Tennessee, in the amount of $141,000.00 for Oso Water Reclamation Plant West Plant Aeration Basins Walkway Structural Improvements. ISSUE: The scope of work for the proposed project consists of improvements to the structural supports for the walkways on the west plant Aeration Basins. The walkways provide support for the steel air distribution bridges which provide air to the basins. The walkways allow for personnel use and maintenance on the individual air drops. The proposed improvements include installation of 47 single column T- supports adjacent to each existing support. The proposed work will be completed under existing conditions with existing basins in service. The existing west plant aeration basins structural supports have been in service for approximately 30 years. The existing supports columns show signs of heavy corrosion near the water line. On February 17, 2010, the City received proposals from nine (9) bidders (see Exhibit "C" Tabulation of Bids). The bids range from $141,000 to $612,300.00 for the Total Base Bid. The estimated cost of construction is $216,350. The City's consultant, LNV Engineering and City staff recommend a contract be awarded to J. S. Haren Company in the amount of $141,000 for Oso Water Reclamation Plant West Plant Aeration Basins Walkway Structural Improvements. Safe Net Services, Elite General Contractors, and Gulf Max Environmental had math errors in calculating the Unit Price times the Quantity for line item no. 2. These errors did not affect the low bid. FUNDING: Funding is available from the Wastewater Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services 361- 857 -1801 foster ecctexas.com Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean(a.cctexas.com r�o.�eletrtr,a nncnl nen IAJPD 1A/PCT Pi ANT AERATION BASINS WALKWAYI2 AGENDA MEMO.doc Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "0" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map u wnrnrnidmoV]CAMA/ CTGweTR\FnQnnR 174 d (Sr) WRP WEST PLANT AERATION BASINS WALKWAYI2 AGENDA MEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: Oso Water Reclamation Plant West Plant Aeration Basins Walkway Structural improvements (Project No. E09008) CIP 2010 No: WW 15 PROJECT DESCRIPTION: This project provides for improvements to the structural supports for the walkways on the west plant Aeration Basins. The walkways provide support for the steel air distribution bridges which provide air to the basins. The walkways allow for personnel use and maintenance on the individual air drops. The proposed improvements include installation of 47 single column T- supports adjacent to each existing support. The proposed work will be completed under existing conditions with existing basins in service. The existing west plant aeration basins structural supports have been in service for approximately 30 years. The existing supports columns show signs of heavy corrosion near the water line. Nine (9) bidders submitted proposals for the project, of which five (5) are from Corpus Christi, Texas. The low bidder is J. S. Haren Company of Athens, Tennessee in the amount of $141,000. CONTRACT TERMS: The project is estimated to require 240 calendar days, with completion anticipated in December 2010. PROJECT BACKGROUND: This project is part of a multi - phased project to address aging infrastructure at the Oso Water Reclamation Plant. Previous projects replaced aging bridges and installed new odor control measures. The proposed project will replace structural supports to a walkway on an aeration basin. EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Oso Water Reclamation Plant West Plant Aeration Basins Walkway Structural Improvements (Project No. E09008) CIP 2010 No: WW 15 PRIOR COUNCIL ACTION: 1. December 15, 2009- Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. August 17, 2009 — Administrative approval of an agreement for Architect/Engineer Consultant Services with LNV Engineering in the amount of $35,740 for Oso Water Reclamation Plant West Plant Aeration Basins Walkway Structural Improvements. EXHIBIT "B" Page 1 of 1 u. wnnncw .a.....mr_cmmnoncrnninrcmcnonno nA A\ nen %AI P wnwPRT PI ANT AFRATION BASINS WALKWAYI4 AGENDA PRIOR ACTIONS.doc 0 o o N CO 69 W 7 a) LL H ELI Cr) < U) G � 0 ;J CD L1J z w 1- M U 1L 0 U Lt_ 0 QU CI1 W LL 0 z ow a� z co w �--w Z Z w 1L 0 H z w 1- H < a) 0 U w ❑ N 0) c a) a) c .0 0 w 0 `), a) ❑ .v w aci am U -o C (.4 Q a) 0 a) F.: CI. w m 00 uJU m rElite General Contractors 23 Great Lakes Corpus Christi, TX 78413 TOTAL PRICE 0 0 0 o O cc EH 0 0 0 0 o O CO EtT 0 0 0 0 O a0 tD to W U Fe 1L H 2 M 0 o o 0 co E» 0 0 c 0 6 0 E» Safe Net Services, LLC 1321 Glenoak Drive Corpus Christi, TX 78418 ITOTAL PRICE 0 o ai Cr) 'V' EA 0 o 0 CD Cr) O) CD ER $174,598.00) UNIT PRICE 0 Oi 0) L) EA O Cr; O) O) O) CD E» JM Davidson, Ltd. P. O. Box 4639 Corpus Christi, TX 78469 TOTAL PRICE $2,548.001 0 O O co cc v $151,368.001 UNIT PRICE $2,548.00 0 0 0 N CO CC/. c} ER J.S. Haren Company 1175 HWY 11 N Athens, Tennesse 37303 TOTAL PRICE O O O "- O O O O f7 Ea o O O O a 49 UNIT PRICE 0 o o o o EA 0 0 6 0 0 O CO • t OSO WATER RECLAMATION PLANT WEST PLANT AERATION BASINS WALKWAY STRUCTURAL IMPROVEMENTS (PROJECT NO. E09008) DESCRIPTION •wns awn! Jad eoeid ul alaldwoo 'uoltezlllgowea /uollezlilgoW Installation of 47 single column T- supports hot dip galvanized (W10x39)to be placed as shown on drawings, and in accordance with plans and on all specifications and includes all necessary material, labor and equipment. Also includes minor adjustments in order to transfer all dead loads to new columns, any'. field fits as necessary in order to complete all work as stipulated, complete in place per lump sum. TOTAL BASE BID (BID ITEMS 1 - 2) H Z M J J F a r 2 W BASE N EXHIBIT "C" Page 1 of 3 o o O CO N CO � N E•• 7 Q a)2 LL p wco w < 0) 0 E o w mw Z w H V) x 0 d 0 0 U_ 0 (!)0 0 w u- 05 Z ow Q U) J 0 Z w Z 0 Z w l)_ 0 Z w 2 d • () • d 0) c a) c .0, w O O N T 0 0 N w N a.0 T 0 C .. a ) 0 a) i= aw CO °- 00 w (_) LL __I m HH Gulf Max Environmental 6733 Leopard Street Corpus Christi, TX 78409 ITOTAL PRICE o co 74 c) O V ER 0 v co v O W co c"R EH 0 o 0 o O O) O et M UNIT PRICE O O to O) co O V O co CI ER Pesado Construction Co. 7054 Pipestone Schertz, TX 78154 ITOTAL PRICE 00 o o 0 O M co 0 0 o 0 f. co N EA O 0 0 0 P O) N M UNIT PRICE O O O O O M co O O O O I� co N EH RM Wright Construction Co. 285 Rio West Drive El Paso, TX 79932 TOTAL PRICE 00'000'05$ 0 O 0 o 0) (V N EA 0 Cl. 0 0l. o) h N EA UNIT PRICE I00'OOO'o 0 0 0 0 co of N N GO RS Black Civil Contractors P. O. Box 6218 Corpus Christi, TX 78466 TOTAL PRICE 0 0 o co 0 0 00 47 ER O 0 00 co N UNIT PRICE O o 0 o o W EA 0 0 0 0 0 W ER OSO WATER RECLAMATION PLANT WEST PLANT AERATION BASINS WALKWAY STRUCTURAL IMPROVEMENTS (PROJECT NO. E09008) DESCRIPTION Mobilization /Demobilization, complete in place per lump sum. Installation of 47 single column T- supports hot dip galvanized (W10x39)to be placed as shown on drawings, and in accordance with plans and on all specifications and includes all necessary material, labor and equipment. Also includes minor adjustments in order to transfer all dead loads to new columns, any field fits as necessary in order to complete all work as stipulated, complete in place per lump sum. TOTAL BASE BID (BID ITEMS 1 - 2) H Z D J J IBASE BID I ITEM .. N EXHIBIT "C" Page 2 of 3 a) a) O a) O 0) To c 0. c a) N a) W N r N m O U a) 0 X a) O a) `) ca a) a) r d 0 a) N N O a) _c V O c O O v '0 0 c 0 N a) c f0 c O m c co a) (4 O_ c c N a) 'O O 0 0 a m- m cu c 0 * m 0 0 NM CO N 7 .. w ca (I) � LLi ¢ Cn O Tx O w — w _ Z w H x U N a 0 0 LL 0 v)O 0 m0 LL w 0- Z Ow Qcn - J H Z Z w LL 0 Z w < • U w • N 0 c c a c cn w 0 0 T ca 0 5 N .-o d � cc o >. co N Q a0 m d w w m 00 w0 QLL �0 m2 Holloman Corporation 13730 IH 10 East Converse, TX 78109 TOTAL PRICE $41,200.001 0 0 0 0 to EA 1 $612,300.001 UNIT PRICE l $41,200.001 0 0 0 0 n un u9 OSO WATER RECLAMATION PLANT WEST PLANT AERATION BASINS WALKWAY STRUCTURAL IMPROVEMENTS (PROJECT NO. E09008) DESCRIPTION Mobilization /Demobilization, complete in place per lump sum. Installation of 47 single column T- supports hot dip galvanized (W10x39)to be placed as shown on drawings, and in accordance with plans and on all specifications and includes all necessary material, labor and equipment. Also includes minor adjustments1 in order to transfer all dead loads to new columns, any field fits as necessary in order to complete all work as stipulated, complete in place per lump sum. TOTAL BASE BID (BID ITEMS 1 - 2) Z n CO - 1 ITEM BASE .- N EXHIBIT "C" Page 3 of 3 a L 0 O 8 O s tn U 0. :et 0 a L H 0 a 0 c O O a 0 X a 0 a c w a 0 4) L a 0 O 0 a .0 0 0 a L 0 co co 0 c .a 0 L c 0 •N c a 0 a c 0 c 0 a c 0 a U_ c 0 P_ .0 •0 O .0 fA . m 0 a = o E PROJECT BUDGET OSO WATER RECLAMATION PLANT WEST PLANT AERATION BASINS WALKWAY STRUCTURAL IMPROVEMENTS Project No. E09008 March 23, 2010 FUNDS AVAILABLE: Wastewater CIP 2010 (WW 15) $200,000.00 $200,000.00 FUNDS REQUIRED: Construction (J. S. Haren Company) $141,000.00 Contingencies (10 %) 14,100.00 Consultant (LNV Engineering) 35,740.00 Reimbursements 4,500.00 Misc. (Printing, Advertising, etc.) 3,500.00 Total $198,840.00 FUNDS REMAINING $1,160.00 EXHIBIT "D" Page 1 of 1 \ Mproject \councilexhibits \exhE09008. dwg OSO WATER RECLAMATION PLANT WEST PLANT AERATION BASINS WALKWAY STRUCTURAL IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 03/02/2010 NMI IMO MEOW OMNI =I Mlle wv 15 AGENDA MEMORANDUM DATE: March 23, 2010 SUBJECT: Greenwood Wastewater Treatment Plant Lift Station Improvements (Project No. E09005) CIP No. WW 06 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $72,730, for a total re- stated fee of $102,030 for the Greenwood Wastewater Treatment Plant Lift Station Improvements. ISSUE: This project is part of the Wastewater Departments Capital Improvement Plan to strategically address critical systems at the Greenwood Wastewater Treatment Plant (WWTP). The Greenwood WWTP Lift Station was constructed in 1989 and in need of upgrades to pumps and piping in the wet well that are critical to the lift station operations. This proposed contract amendment provides for the design and engineering phase to replace and upgrade the piping, pumps, pump bases, and sluice gate. The work will also include developing a bypass plan to redirect flows during the construction phase of the project. This project is critical to sustain wastewater service at the Greenwood WWTP and based off recommendations from a engineering letter report. FUNDING: Funding is available from the FY2010 Wastewater Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Crowell, Director of Wastewater 361- 857 -1801 fosterc@cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Amendment No. 1 Summary Exhibit "D" Location Map Pete Anaya, P.E., Director of Engineering Services 361- 826 -3781 peteancctexas.com AGENDA BACKGROUND SUBJECT: Greenwood Wastewater Treatment Plant Lift Station Improvements (Project No. E09005) CIP No. WW 06 AMENDMENT NO. 1 DESCRIPTION: The project consists of the rehabilitation of the existing plant lift station at the Greenwood Wastewater Treatment Plant which requires bypass pumping, the replacement of pump bases, submersible pumps, discharge piping, fittings, pump guide rails, plug valves, check valves, sluice gate with repairs to wet well existing protective liner, addition of new electronic actuator to isolation sluice gate and miscellaneous items of work required to complete project. The improvements are necessary to eliminate issues associated with pump clogging and ground overflow. Improvements will allow the lift station to continue to lift collected wastewater into the plant for treatment. PROJECT BACKGROUND: This project is part of the Wastewater Capital Improvement Plan to strategically address critical systems as the systems and equipment reach the end of their useful service life. The Greenwood Wastewater Treatment Plant (WWTP) Lift Station was constructed in 1989. These systems and equipment are now beyond their effective service life and beginning to experience failures. Urban Engineering was previously contracted under a small engineering contract to investigate the lift station and provide prioritized recommendations to address the conditions with planned improvements. Based on the engineering letter report, staff is requesting to proceed with replacing and upgrading the piping, pumps, pump bases, sluice gate with new automatic controls. During construction a complete by -pass of the lift station will be required to continue critical operations for the Greenwood WWTP service area. EXHIBIT "A" Page 1 of 1 H:\ HOME \VelmaP \GEN \WASTEWATER \E09005 (7445) GREENWOOD WWTP LIFT STATION IMPSV+MENDMENT NO. 1\AGENDA 3 BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: Greenwood Wastewater Treatment Plant Lift Station Improvements (Project No. E09005) CIP No. WW 06 PRIOR COUNCIL ACTION: 1. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. August 10, 2009 — Administrative approval of Small A/E Agreement for Architect/ /Engineer Consultant Services with Urban Engineering in the amount of $29,300 for the Greenwood Wastewater Treatment Plant Lift Station Improvements. EXHIBIT "B" Page 1 of 1 H: \HOME \VelmaP \GEN \WASTEWATER \E09005 (7445) GREENWOOD WWTP LIFT STATION IMPS\AMENDMENT NO.1\AGENDA 4 PRIOR ACTIONS.doc CONTRACT SUMMARY SUBJECT: Greenwood Wastewater Treatment Plant Lift Station Improvements (Project No. E09005) CIP No. WW 06 1. SCOPE OF SERVICES A. BASIC SERVICES —shall be amended to add the following Basic Services: Item No. 1 Preliminary Phase • No additional Preliminary Phase Services. Item No. 2 Design Phase • Provide Design Phase Services to prepare design documents for proposed improvements, prepare City format contract documents, and develop a preliminary opinion of probable construction cost. Item No. 3 Bid Phase • Provide Bid Phase Services including attending the pre -bid conference and assisting City in responding to bidder questions. Prepare necessary addenda, attend the bid opening, tabulate bids and make recommendations concerning award. Item No. 4 Construction Phase • Provide Construction Phase Services including attending and participating in the pre - construction conference, coordinating with City inspector to authorize minor field alterations, conducting "final inspection" with the City and Contractor and make a recommendation concerning final acceptance. B. ADDITIONAL SERVICES —shall be amended to add the following Additional Services: Item No. 7 Warranty Phase • Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. EXHIBIT "C" Page 1 of 2 H: \HOME\VelmaP \GEN \WASTEWATER \E09005 (7445) GREENWOOD WWTP LIFT STATION IMPS\AMENDMENT NO. 1VIGENDA 5 CONTRACT SUMMARY.doc 2. PROJECT SCHEDULE PROPOSED PROJECT SCHEDULE Day Date Activity Monday March 29, 2010 Begin Design Monday April 12, 2010 90% Submittal Monday April 19, 2010 City Review Monday May 10, 2010 100% Submittal Monday May 10, 2010 City Review Thursday May 13, 2010 Final Submittal Monday May 17, 2010 Advertise for Bids Thursday May 27, 2010 Pre -Bid Conference Wednesday June 9, 2010 Receive Bids Tuesday June 29, 2010 Contract Award Tuesday July 20, 2010 Begin Construction Saturday January 22, 2011 Complete Construction 3. FEES 08/10/09 Admin. Approval 03/23/10 Motion M2010- EXHIBIT "C" Page 2 of 2 u.wnneavoi. o\rCNnn/ACTFINATFR \Fn9nn5 (7445\ RRFFNWOOD WWTP LIFT STATION IMPS \AMENDMENT NO.1\AGENDA 5 CONTRACT SUMMARY.doc ORIGINAL CONTRACT AMEND. NO. 1 TOTAL Basic Services 1 Preliminary Phase $29,300.00 $0.00 $29,300.00 2 Design Phase 0.00 54,030.00 54,030.00 3 Bid Phase 0.00 4,150.00 4,150.00 4 Construction Phase 0.00 12,470.00 12,470.00 Subtotal Basic Services 29,300.00 70,650.00 99,950.00 Additional Services 1 Permit Preparation 0.00 0.00 0.00 2 ROW Acquisition Survey 0.00 0.00 0.00 3 Topographic Survey /Field Investigation 0.00 0.00 0.00 4 Environmental Issues 0.00 0.00 0.00 5 Construction Observation Services 0.00 0.00 0.00 6 Start -up Services 0.00 0.00 0.00 7 Warranty Phase 0.00 2,080.00 2,080.00 Subtotal Additional Services 0.00 2,080.00 2,080.00 Total Authorized Fee $29,300.00 $72,730.00 $102,030.00 08/10/09 Admin. Approval 03/23/10 Motion M2010- EXHIBIT "C" Page 2 of 2 u.wnneavoi. o\rCNnn/ACTFINATFR \Fn9nn5 (7445\ RRFFNWOOD WWTP LIFT STATION IMPS \AMENDMENT NO.1\AGENDA 5 CONTRACT SUMMARY.doc File : \ Mproject \councilexhibits \exhE09005.dwg GREENWOOD WASTEWATER TREATMENT PLANT LIFT STATION IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02 -22 -2010 =Mr MIN 16 AGENDA MEMORANDUM City Council Action Date: March 23, 2010 SUBJECT: Oso Infiltration /Inflow Related Collection System Enhancement Program And Programmed Wastewater Line Lifecycle Replacement Project No. 7410 / CIP No. WW 16 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $229,110 for a total restated fee of $274,440 for design, bid, construction and additional phase services for Oso Infiltration /Inflow Related Collection System Enhancement Program and Programmed Wastewater Line Lifecycle Replacement. (Wastewater CIP 2010) ISSUE: The proposed contract for professional services provides for the development of indefinite delivery/indefinite quantity (IDIQ) contract and bidding documents for the Oso Water Reclamation Plant service area for necessary wastewater improvements. This project is part of the lifecycle program for all six of the City's wastewater treatment plants and it is designed, in part, to reduce the infiltration and inflow (1 /I) of storm and ground water into the wastewater collection system. 1/I typically results in pipe and roadway failures, sanitary sewer overflows, the need for additional treatment capacity at the plants, and the need for additional pumping capacity at lift stations. The firm of LNV Engineering of Corpus Christi, Texas, was selected through a request for qualifications issued by the City (RFQ No. 2007 -05 CIP Projects FY 2008 -09 — Scoping, Estimating and Design Services). LNV Engineering initially was awarded a small contract for the preliminary design phase and this proposed Amendment No. 1 provides for design, bid, construction and additional phase services. FUNDING: Funding is available from the Wastewater Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services 361/826-1801 foste rca, cctexa s . co m Pete Anaya, P.E. Director of Engineering Services 361/826-3781 petea n (a�cctexas. com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map H: IHOME1Rachelle \GEN1Wastewater17410 -0so 181 8 Life Lifecycle \Large AE Amd. No. 1\Agenda Memo.doc AGENDA BACKGROUND INFORMATION SUBJECT: Oso Infiltration /Inflow Related Collection System Enhancement Program And Programmed Wastewater Line Lifecycle Replacement Project No. 7410 / CIP No. WW 16 — AMENDMENT NO. 1 PROJECT DESCRIPTION: This project will identify, prioritize and implement specific capital improvement projects in a phased design and construction approach to extend the service life of the wastewater systems in the Oso Water Reclamation Plant (WRP) collection system (bounded by Oso Bay on the east, Oso Creek and Oso Parkway on the south, near Weber Road and Ayers Street on the west and Ocean Drive on the north). See the map attached as Exhibit "D ". This project will also improve wastewater flows (including reducing overflows and cave -ins) and reduce long -term maintenance costs. It also includes the design, bidding and construction phase services for the removal and replacement of three (3) existing lift station pumps at the Oso WRP. This proposed contract amendment with LNV Engineering is the second wastewater project to utilize the indefinite delivery/indefinite quantity (IDIQ) process for designing and awarding construction projects. The first such wastewater project was designed by Goldston Engineering Inc., a CH2M Hill Company, for the Laguna Madre Inflow and Infiltration Sanitary Sewer Manhole and Gravity Collection Line Replacement and Rehabilitation project, which was approved by the City Council on July 28, 2009. A further description of IDIQ contracts follows below. AMENDMENT NO. 1 CONTRACT SUMMARY /FEE: A contract and fee summary is attached as Exhibit "C ". PROJECT BACKGROUND: Deterioration of the City's wastewater collection system allows infiltration and inflow of storm and ground water and dirt into the system. This results in reduced line capacity and manhole overflows, potentially leading to noncompliance with environmental regulations. This is an on -going program that systematically addresses each of the City's treatment plant collection systems. This project involves the study and evaluation of the wastewater lines in the existing collection system and will result in a replacement schedule for the lines at or beyond their service life. Lines in the most deteriorated condition and those creating the most severe maintenance issues will be prioritized for replacement. This project will replace lines and manholes on a yearly basis to the extent that funding allows. IDIQ contracts are routinely used by the state, school systems, federal entities and other municipalities. The use of IDIQ contracts provides fixed unit prices from a contractor for a given period of performance. During the given performance period(s), the contractor may be issued individual delivery orders based on a specified construction scope and duration. EXHIBIT "A" Page 1 of 2 H:\ HOME\ Rachelle \GEN \Wastewater\7410 -0so l&I & Life Lifecycle \Large AE Amd. No. 1Wgenda Background.doc Developing the bid package in the IDIQ format allows the City to select contractors based on the most competitive unit prices. The City can then use these established unit prices to determine the most effective solutions to address a particular rehabilitation /replacement. The City retains the option to issue multiple delivery orders and renewable performance periods. Under this methodology, the City and contractor can establish a better working relationship and anticipate an improved quality of service from the contractor to receive additional delivery orders. The City staff is recommending the award to the consultant to provide engineering services to develop individual delivery order scopes and estimates to address the wastewater system problems. Having an existing contract with the contractor and consultant allows open dialogue to develop the most cost - effective solutions by combining the consultant's solutions with the best means and methods of the contractor. This methodology also ensures that the project scope and cost can be fully developed and executed within the available CIP funding. EXHIBIT "A" Page 2 of 2 H: Hi MElRachelle\GEN\Wastewater \7410 -Oso I &I & Life Lifecycle\Large AE Amd. No. 1 \Agenda Background.doc PRIOR PROJECT ACTIONS SUBJECT: Oso Infiltration /Inflow Related Collection System Enhancement Program And Programmed Wastewater Line Lifecycle Replacement Project No. 7410 / CIP No. WW 16 — AMENDMENT NO. 1 PRIOR COUNCIL ACTION: 1. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. December 28, 2007 - Distribution of Request For Qualifications (RFQ) No. 2007 -05 CIP Projects FY 2008 -2009 Scoping, Estimating, Design Services to 191 engineering firms (78 local and 113 non - local). 2. January 14, 2008 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2007- 05 CIP Projects FY 2008 -2009 Scoping, Estimating, Design Services to 191 engineering firms (78 local and 113 non - local). 3. January 17, 2008 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2007- 05 CIP Projects FY 2008 -2009 Scoping, Estimating, Design Services to 191 engineering firms (78 local and 113 non - local). 4. June 2, 2008 — Administrative approval of a Small NE Agreement for Architect/Engineer Consultant Services with LNV Engineering in the amount of $45,330 for the Oso Infiltration /Inflow Related Collection System Enhancement Program and Programmed Wastewater Line Lifecycle Replacement for preliminary design services. H:\ HOME\ Rachelle \GEN\Wastewater\7410 -Oso I &I & Lite Lifecycle \Large AE Amd. No. 1\Prior Project Actions.doc CONTRACT SUMMARY 1. SUBJECT: Oso Infiltration /Inflow Related Collection System Enhancement Program And Programmed Wastewater Line Lifecycle Replacement Project No. 7410 / CIP No. WW 16 — AMENDMENT NO. 1 This project involves the preparation and development of the necessary indefinite delivery/indefinite quantity (IDIQ) contract and bidding documents for the Oso Water Reclamation Plant (WRP) service area. In addition, it provides for the issuance of delivery orders for wastewater improvements in this service area to include the rehabilitation and /or replacement of sanitary sewers, manholes, and service connections. The delivery order work will include developing the required construction drawings, documents, and cost estimates and performing construction administration for the implementation of the delivery orders and may include additional services for construction observation, warranty, and public meetings. In the first phase, LNV Engineering will issue delivery orders upon the City's request and on an as- needed basis for approximately $1.5 million in construction improvements. In addition, this project will include the design, bidding and construction phase services for the removal and replacement of three (3) existing lift station pumps at the Oso WRP. The existing pumps have outlived their expected design life and are no longer operating at their intended design points. Ultimately, this has reduced the capacity at the head of the plant and the new pumps will meet or exceed the original pumps' capacity. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. 3. SCHEDULE DAY DATE ACTIVITY Monday March 29, 2010 Begin Design Phase Friday April 30, 2010 Pre -Final Submittal Friday May 14, 2010 City Review Comments Due Friday May 28, 2010 Final Submittal Monday (2) June 7 & 14, 2010 Advertise for Bids Wednesday June 23, 2010 Pre -Bid Conference Wednesday June 30, 2010 Receive Bids Tuesday July 27, 2010 Award Contract Monday Aug. 9, 2010 Begin Delivery Orders & Pump Replacement H:\ HOME\ Rachelle \GEN\Wastewater17410 -Oso I &I & Life LifecyclelLarge AE Amd. No. 11Contract Summary.doc 4. FEES H:U HOME\ Rachelle \GEN\Wastewater17410 -0so I &I & Life Lifecycle\Large AE Amid. No. 1 \Contract Summary.doc ORIGINAL CONTRACT AMD. NO. 1 TOTAL BASIC SERVICES 1 Preliminary Phase $45,330.00 $0.00 $45,330.00 2 Design Phase 0.00 73,052.00 73,052.00 3 Bid Phase 0.00 6,316.00 6,316.00 4 Construction Phase 0.00 31,744.00 31,744.00 Subtotal Basic Services 45,330.00 111,112.00 156,442.00 ADDITIONAL SERVICES 1 Topographic Survey 0.00 11,286.00 11,286.00 2 Construction Observation Services 0.00 30,744.00 30,744.00 3 Warranty Phase 0.00 3,858.00 3,858.00 4 Public Meetings 0.00 7,854.00 7,854.00 5 Oso WRP Influent Hydraulics (AUTHORIZED) 0.00 64,256.00 64,256.00 Subtotal Additional Services 0.00 117,998.00 117,998.00 TOTAL AUTHORIZED FEE $45,330.00 $229,110.00 $274,440.00 H:U HOME\ Rachelle \GEN\Wastewater17410 -0so I &I & Life Lifecycle\Large AE Amid. No. 1 \Contract Summary.doc \ Mproject \council exhibits \ exh 741 O. d wg Nv.CES- RIVER _�` s. \\ RD Up W w U HWY MUECES BAY - 4> j . / i / jQV� mac_ -_ CORPUS' RAN NAS F.M. 43 FM 2444 PROJECT #7410 Oso LOCATION MAP NOT TO SCALE r ',Am22Y� EXHIBIT "D" OSO Idd RELATED COLLECTION SYSTEM ENHANCEMENT PROGRAM AND PROGRAMMED WW LINE LIFECYCLE REPLACEMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ()ATP 02/04/2010 IMWIP w� 17 AGENDA MEMORANDUM COUNCIL ACTION DATE: March 23, 2010 AGENDA ITEM: Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with Charles L. Benys, Attorney -in -Fact for Charles B. Benys, in the amount of $ 80,420, which would also require an additional $1,550 in closing costs, for the purchase of fee simple property rights to Parcel 2, containing 9,180 square feet (0.211 acres) of property owned by Charles B. Benys, located at 6008 Yorktown Boulevard, necessary for street improvements and other public purposes in connection with the Yorktown Boulevard — S. Staples to Cimarron Blvd. Street Improvement Project, #6464, Bond 2008. ISSUE: This Bond 2008 street project consists of street and utility improvements along Yorktown Boulevard from South Staples Street to Cimarron Boulevard. Four parcel of street right -of -way are needed from un- platted properties for widening the street to a uniform width of 130 feet. To date, City Land Acquisition staff has acquired Parcels 1, 3 and 4. Parcel 2 is described as a twenty -five (25) foot wide strip of land along the entire frontage (367.2 feet) of the subject property owned by Mr. Benys. Negotiations for Parcel 2 have ended and the owner's attorney -in -fact has executed a Real Estate Sales Contract in the amount of $80,420. This is the final parcel needed for construction. Land acquisition expenditures exceeding $50,000 require City Council approval. FUNDING: Streets (Bond 2008) 550701 - 3546- 00000 - 170321 $81,970.00 ($80,420 land + $1,550 closing costs) RECOMMENDATION: Staff recommends approval of the motion as presented. Pedro Anaya, P. E. Director of Engineering Services petean a(�cctexas.com Attachments: Exhibit A. Background Information Exhibit B. Parcel Map Exhibit C. Contract Summary H: \HOME \EUSEBIOG \GEN\Agenda Items\Yorktown Blvd.Bond 2008.Benys\Agenda Memorandum.doc AGENDA BACKGROUND INFORMATION SUBJECT: Yorktown Blvd. Street Improvements, S. Staples to Cimarron (Bond 2008) Acquisition of Parcel 2: Charles B. Benys, Seller PROJECT BACKGROUND: On November 4, 2008, the City of Corpus Christi held a Bond election to consider a number of ballot propositions to fund major capital improvements for the community. The November election was held jointly with Nueces County and coincided with the Presidential Election. One of the Bond projects included Yorktown Boulevard between S. Staples Street and Cimarron Boulevard. This section is currently a rural unimproved two -lane roadway with roadside drainage ditches. This project will consist of the reconstruction and widening of the existing two -lane roadway to a four -lane divided urban arterial street with bicycle lanes, including curb and gutter, driveways, storm water improvements, water improvements, and pedestrian improvements in accordance with ADA requirements and Texas Accessibility Standards (TAS). The engineering firm of Freese & Nichols, Inc. was contracted to design the widening and reconstruction. They identified four parcels of land required for widening the street to a uniform 130 foot width. Parcel descriptions were received from Freese & Nichols and were subsequently appraised. Compensation offers were made to the landowners and negotiations commenced. Parcels 1, 3, and 4 have been acquired. Negotiations for Parcel 2 have ended and the owner's attorney -in -fact has executed a real estate sales contract in the amount of $80,420. Land acquisition expenditures that exceed $50,000 limit and require City Council approval. PARCEL INFORMATION: Parcel 2: This 25 foot wide by 367 foot long parcel contains 9,180 square feet (.211 acres) of commercial land and is located approximately 515 feet northwest of Annemasse Street as shown on the attached Exhibit B. Two residences exist on the parent tract of 2.01 acres. The land was appraised by American Appraisers, Inc. in the amount of $59,854 or $6.52 per square foot for its commercial value. The land is currently zoned R1- B, Single Family Residential, however it is situated between two commercial zoned lots. Typical lots fronting along Yorktown within the projects limits are also commercial zoned. Additional compensation in the amount of $20,566 was added for various improvements within the strip of land. The parcel contains extensive landscaping with several mature trees and shrubs, sodding, sprinkler system, driveways, and other improvements. An offer of compensation for $80,420 was offered and accepted by the landowner. An executed Real Estate Sales Contract has been received which requires signature by the City Manager or designee. A summary of the contract is attached as Exhibit C. At the request of the landowner, this sales contract will be closed at San Jacinto Title Company, 5926 S. Staples. This is the final parcel needed for project construction. EXHIBIT A Page 1 of 2 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) 4. March 24, 2009: Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $999,871 for Yorktown Boulevard — Staples to Cimarron for design, bid and construction phase services. (Bond 2008) (Motion No. 2009 -066) 5. January 12, 2010: a. Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with William B. Miller, Jr. dba Del Mar Distributing Co., Inc. in the amount of $72,862, plus $1,300 in closing costs for the purchase of fee simple property rights for Parcel 1, containing 13,499 square feet of commercial property on Yorktown Boulevard between S. Staples Street and Cimarron Boulevard, necessary for the Yorktown Boulevard Street Improvement Project, ( #6464), Bond 2008, and for other municipal purposes. (Motion No. 2010 -009) b. Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with Cloudcroft Land Ventures, Inc. in the amount of $84,962, plus $1,350 in closing costs for the purchase of fee simple property rights for Parcel 3, containing 12,873 square feet of commercial property on Yorktown Boulevard between S. Staples Street and Cimarron Boulevard, necessary for the Yorktown Boulevard Street Improvement Project, ( #6464), Bond 2008, and for other municipal purposes. (Motion No. 2009 -010) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). H: \HOME \EUSEBIOG \GEN\Agenda Items \Yorktown BIvd.Bond 2008.Benys\Agenda Background.doc EXHIBIT A Page 2of2 File : \ Mproject \councilexh \64641and2.dwg t �I AgiAt SUBJECT PARCEL #2 0.211AC. , PROJECT LOCATION LOCATION MAP NOT TO SCALE VICINITY MAP NOT TO SCALE YORKTOWN BLVD. STAPLES- CIMARRON PROJECT #6464 PARCEL 2 EXHIBIT B CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 3 -23 -2010 REAL ESTATE CONTRACT SUMMARY Project No. 6464: Yorktown Boulevard- S. Staples to Cimarron Boulevard Acquisition of Parcel 2: Charles B. Benys, Seller This Real Estate Sales Contract is entered into by Charles L. Benys, Attorney -in -Fact for Charles B. Benys ( "SELLER ") and the City of Corpus Christi ( "BUYER ") subject to the following terms and conditions: 1. Property — 9,180 square feet (.211 acres) out of Lot 11, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, Nueces County, Texas, as described by metes and bounds description attached to the contract. 2. Purchase Price - $80,420.00 in cash. 3. Title Insurance: Seller to provide title insurance at Buyer's expense. 4. Warranty Deed and Closing Costs: Seller will deliver a good and sufficient Warranty Deed that conveys indefeasible title to the property. Buyer will pay all closing costs except costs to cure title deficiencies, which must be paid by Seller. 5. Property Taxes: All taxes, if any, are to be paid by Seller, up to and including the year 2009. Taxes for 2010, if any, will be prorated between Buyer and Seller. 6. Earnest Money: Buyer agrees to deposit $1,000 Earnest Money at a Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. 7. Restrictions on Title: Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. 8. Time for Performance: This contract is to be closed on or before 90 days from the effective date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council of the City of Corpus Christi and signed by the City Manager within 30 days from the effective date of this contract. 9. Survives Closing: The contract will survive the closing of the sale and delivery of the Special Warranty Deed and other conveyance documents. 10. 60 -Day Inspection Period: Buyer shall have sixty days from the date of the contract to perform its due diligence studies on the property. Buyer can void the contract at its discretion if Buyer finds the property unacceptable in any form. EXHIBIT C 1 OF 2 11. Broker's Commission: All Real Estate Commissions, if applicable, will be paid by Seller. 12. Possession: At closing, the property will be conveyed free of any rights of possession of any third parties, except for valid easements of record. Any possession prior to closing will necessitate a separate written lease agreement between the parties. 13. Seller's Representations and Warranties: Seller represents that it has absolute and unrestricted right, power, and authority to execute and deliver this contract along with the documents to be executed and delivered by Seller in connection with this contract. Seller has no knowledge of any pending litigation, condemnation, or assessment affecting the property. Seller has no knowledge that the property contains hazardous materials, underground tanks, or is not in full compliance with all Environmental laws. To the best of Seller's knowledge Seller has full and complete fee simple title to the property. No person, corporation or other entity has any right or option to the property. Seller has not received any notice from any governmental agency regarding the property's non - compliance with applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the property. 14. Mineral Reservation: The sale of the property is without oil, gas, or mineral rights. 15. Essential: Time is of the essence in closing this transaction. 16. Effective Date: The effective date of this contract is the date in which the contract is signed by Buyer. 17. Counterparts: Multiple original copies of the contract may be executed and the original copies assembled together shall constitute one agreement H: \HOME\EUSEBIOG \GEN\Agenda Items \Yorktown Blvd.Bond 2008.Benys \Contract Summary.doc EXHIBIT C 20F2 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 03/23/10 AGENDA ITEM: Resolution amending City Council policies adopted by resolution 021901 regarding guidelines for public use of city hall audio -video facilities after hours. ISSUE: From time to time, the Public Information Office receives requests to film meetings conducted in Council Chambers by organizations or members of the public. Most meetings are conducted during normal business hours but those conducted after hours result in overtime expenditures for the department. The amendment to the resolution is to formalize a way to offset staffing and equipment expense for after hours requests for audio /video services. REQUIRED COUNCIL ACTION: Amending Resolution 021901. PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: Approval of the amended resolution to collect revenue to offset staffing and equipment costs after normal business hours. im Womack Public Information Director Kimw @cctexas.com Attachment: Background Information BACKGROUND INFORMATION In 2008, the Public Information Office and City Secretary's Office combined resources to hire a full -time audio /video producer to conduct live broadcasts of the City Council meetings and provide in -house video services for CCTV. Prior to the position being created, outside contractors provided all services resulting in Tess than four CCTV productions per year and basic live coverage of Council meetings due to budget limitations. Since the addition of the staff member, CCTV has expanded to over 18 programs in 2009, live coverage has been consistent despite equipment challenges and the first in -house City Council "open" video was created with the newly elected City Council resulting in added savings. The audio /video programming has grown to include in -house training videos, public service announcements, and web applications to name a few of the expanded services. Prior to the addition of the staff member, the existing outside contractor was hired independently by outside groups to conduct filming after hours in Council Chambers. Due to the nature of the new equipment and current staffing levels the department is recommending the resolution be amended to include a provision to offset costs for existing staff to fulfill the after -hours requests for audio /video services. The department receives several requests per year and the revenue generated ($50 per hour) would offset those expenses currently being paid out of the general fund for staffing and equipment costs. RESOLUTION AMENDING CITY COUNCIL POLICIES ADOPTED BY RESOLUTION 021901 REGARDING GUIDELINES FOR PUBLIC USE OF CITY HALL AUDIO -VIDEO FACILITIES AFTER HOURS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Resolution Number 021901 which adopted policies and general rules and procedures of the City Council, Section 17, regarding Guidelines for public use of City Hall facilities, is amended as follows: * * * "17. Guidelines for public use of City Hall facilities. The locations of the City Council Chamber, adjacent committee room, staff conference room, and the sixth floor conference room are conducive to providing space for public meetings for nonprofit purposes with minimal distraction from daily City operations. Priority for the use of these facilities shall be given to City related Boards, Commissions, Committees, and other City related activities, and secondarily to other government entities. Accordingly, individuals and organizations who wish to conduct public meetings may request the utilization of these areas. Use of the committee and conference rooms, rather than the Council Chamber, is preferred because of the sensitivity of the audio visual equipment. If use of the committee and conference rooms is not feasible due to the number of people attending, the Council Chambers will be used as approved by the City Secretary. Public use of these facilities will be limited to the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday due to security reasons. (Evening and weekend use will be limited to official City and other governmental business. Coordination with Building Maintenance, in addition to the City Secretary's office, will be required to secure the building before and after use.) Guidelines for usage by nonprofit organizations are identified below: (1) City events shall receive priority in the event of a conflict. (2) Applications for use are supplied from and approved by the City Secretary's office. (3) Organizations using the facilities will be responsible for securing all equipment and facilities after use. (4) The meeting rooms are provided at no charge. Room set -up is the responsibility of the organization using the facilities. (5) The facilities will not be used for receptions or functions where catering is required except as approved by the City Manager, City Secretary, or City Council. H: \LEG- DIR \Lisa\2010 Resolutions \City Councl Resolution No. 021901.doc 2 (6) No soliciting or fund - raising is allowed. (7) In the event of damage, the sponsoring organization will reimburse the City for cost of repairs. (8) The meeting shall be open to the public, which will be permitted to comment and ask questions prior to close of the meetings. (9) Requests to utilize City staff and Citv equipment after normal business hours to perform audio /video recordings of meetings must be requested in advance to the Public Information Department, and include a $50 fee per hour to offset staffing and equipment expense. Scheduling must be made in advance of the meeting. All other areas and conference room space in City Hall is limited to conducting official City business. Many other municipal facilities are available for public use including the Corpus Christi Public Library, the Convention Center, and community recreation centers. Coordination for the use of those facilities will be through those departments." SECTION 2. This Resolution takes effect on date of City Council approval. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 1 , 2010. 7 Lisa Agin ar, Assistant City Attorney Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3/23/10 AGENDA ITEM: ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, TO ESTABLISH THE MAYOR'S FITNESS COUNCIL; AND DECLARING AN EMERGENCY. ISSUE: To amend the City Code of Ordinances, Chapter 2, Administration, Article IV, Miscellaneous Boards, Commissions and Committees, to create the Mayor's Fitness Council. REQUIRED COUNCIL ACTION: Action is required by Council to amend the Code of Ordinances, City of Corpus Christi, Chapter 2. PREVIOUS COUNCIL ACTION: On 3/09/10, Council approved: A.) Resolution authorizing the City Manager or his designee to accept a grant in the amount of $15,000 from the Texas Department of State Health Services for funding eligible under the Governor's Advisory Council on Physical Fitness (GACPF) and to execute all related documents; and B.) Ordinance appropriating $15,000 from the Texas Department of State Health Services funds in the No. 1071 Community Enrichment Fund, to be used for encouraging, promoting and enhancing healthy living though organized sports, events, diet and everyday activity all with a strong emphasis on using our natural resources. CONCLUSION AND RECOMMENDATION: Staff recommends approval of ordinance as presented. Angela Rowe, Pride /Clean City Coordinator Margie C. ose, Assistant City Manager angelamra,cctexas.com margier @cctexas.com 361- 826 -3673 361- 826 -3232 BACKGROUND INFORMATION The Mayor's Fitness Council committee will consist of individuals representing: Veteran's Wellness, Corporate Initiatives, HealthCare /Medical Professionals, Worksite Wellness, College /University, Disability Networks, Faith Based Partners, Senior Citizen Wellness, Youth /After School Programs, and Community Outreach /Special Events. A liaison from the Governor's Task Force will also serve on the committee. Ex officio members will include Directors from the City /County Health District and Parks & Recreation Department. The mission of the Mayor's Fitness Council is to encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using our natural resources. 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, TO ESTABLISH THE MAYOR'S FITNESS COUNCIL; AND DECLARING AN EMERGENCY. 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 IV, Miscellaneous Boards, Commissions and Committees, is amended to add new Division to read as follows: "DIVISION 29. MAYOR'S FITNESS COUNCIL Sec. 2 -285. Created; purpose. There is hereby created the Mayor's Fitness Council. The purpose of the committee is to encourage, promote and enhance health living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. Sec. 2-286. Duties. The committee shall act as an advisor to the City Council, City Manager, Parks Department, and Health District regarding promotion of healthy living, including but not limited to the following activities; (a) Advise Mayor on ways to encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. Sec. 2 -287. Membership; terms; filling vacancies; ex- officio members. (a) The committee shall consist of eleven (11) members. The committee shall consist of individuals representing the following categories: Veteran's wellness, Corporate Initiatives, Health Care /Medical Professionals, Worksite Wellness, Colllege /University, Disability Networks, Faith based partners, Senior Citizen wellness, Youth /after school programs, and community outreach /special events. A liaison from the Governor's Advisory Council on Physical Fitness will also serve on the Committee. City residency requirement does not apply to liaison from the Governor's Advisory Council. (b) Of the initial members, seven (7) members shall serve a two -year term and four (4) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. (c) In the event a vacancy occurs during_ any term, the City Council appointment of a new member shall be to fill the unexpired term. (d) Ex officio members will include Director of Parks & Recreation, and the Director of the City County Public Health District. Sec. 2 -288. Quorum; officers; staff liaison, meetings; subcommittees. H: \LEG- DIR \Lisa\2010 Ordinance\Mayor's Fitness Council.DOC 2 (a) The majority of members shall constitute a quorum, provided that the majority vote of such committee shall be necessary for the adoption or approval of any matters before the committee. (b) At the first meeting after creation of the committee, a majority of the whole committee shall elect a vice - chairperson to serve during the initial two -near term. The initial chairperson for the initial two year term shall be the youth /after school program representative. Thereafter, the chairperson and vice - chairperson shall be elected by a majority of the whole committee to serve one -vear terms. Following the initial election, subsequent elections for chairperson and vice - chairperson shall be held each year at the first regular meeting after appointments to fill expiring terms. (c) The Pride /Clean City Coordinator, or designated representative, shall serve as the staff liaison and secretary of the committee and shall send all notices for meetings, keep and preserve the minutes, advise and consult with city officials as to the committee's work and recommendations, assist the committee and its subcommittees in planning and coordinating its efforts, and perform such other duties as may be of assistance to the committee. (d) The committee shall meet at least once each month and shall meet on the call of the chairperson or of a majority of its members. (e) The chair of the committee, with the approval of the committee, may establish such subcommittees as may be necessary or appropriate to assist the committee in its studies and in the performance of its duties. Members of such subcommittees shall be appointed only from among members of the committee." SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: March 15, 2010 Lisa Aguilar.; ssistant City Attorney H: \LEG- DIR \Lisa\2010 Ordinance \Mayor's Fitness Council.DOC Corpus Christi, Texas Day of , 2010 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 23, 2010 AGENDA ITEM: Ordinance amending the code of ordinances, City of Corpus Christi, Chapter 2, regarding membership for the Leadership Committee for Senior Services to remove Retired and Senior Volunteer Program and Senior Companion Program representatives and expand at -large representatives from six to ten members. ISSUE: To amend the City Code of Ordinances, Chapter 2, Administration, Article IV, Miscellaneous Boards, Commissions and Committees, Division 15, Leadership Committee for Senior Services, Section 2 -170, Membership. The amendment will authorize the membership realignment composition of four membership designations currently reserved for RSVP and SCP volunteers to four community at large members. REQUIRED COUNCIL ACTION: Action is required by Council to amend the Code of Ordinances, City of Corpus Christi, Chapter 2, to change the Membership composition of the Leadership Committee for Senior Services. PREVIOUS COUNCIL ACTION: On December 11, 2001, City Council approved Ordinance No. 024683 establishing the Leadership Committee for Senior Services which was originally established as the Senior Community Services Advisory Committee. CONCLUSION AND RECOMMENDATION: The Leadership Committee for Senior Services and Staff endorse the proposed amendment to the City Code of Ordinances, Chapter 2, Administration, Article IV, Miscellaneous Boards, Commissions and Committees, Division 15, Leadership Committee for Senior Services, Section 2 -170, Membership. Stacie A. Talbert, Interim Director Parks and Recreation Department StacieTa,cctexas. com 361 - 826 -3464 Attachments: Background Information 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, REGARDING MEMBERSHIP FOR THE LEADERSHIP COMMITTEE FOR SENIOR SERVICES TO REMOVE RETIRED AND SENIOR VOLUNTEER PROGRAM AND SENIOR COMPANION PROGRAM REPRESENTATIVES AND EXPAND AT- LARGE REPRESENTATIVES FROM SIX TO TEN MEMBERS. 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 IV, Miscellaneous Boards, Commissions and Committees, Division 15, Leadership Committee for Senior Services, Section 2 -170, Membership, is amended to read as follows: "DIVISION 15. LEADERSHIP COMMITTEE FOR SENIOR SERVICES Sec. 2-170. Membership. The City Council shall appoint a Leadership Committee for Senior Services, to coordinate the efforts of the Senior Community Services division; which includes the Retired and Senior Volunteer Program, the Senior Companion Program, and the Elderly Nutrition Program, to consist of fifteen (15) members, two (2) of which will be Senior Center participants, Pregram, three (3) of which shall represent agencies with direct services to senior citizens, and six-(6) ten (10) of which shall represent the community. The members of said committee shall be appointed as follows: Eight (8) members of said committee shall be initially appointed for a term of one year, and seven (7) members of said committee shall be appointed for a term of two (2) years. Upon expiration of the term of office of the first eight (8) appointees, the succeeding term of office for each new member shall be a term of two (2) years. Members may be reappointed at the discretion of the city council. Sec. 2 -171. Officers. The committee shall at its first meeting select from among its membership a chairman, a vice - chairman and a secretary, and any other officers deemed necessary, and such officers shall serve for the ensuing year or until their successors are selected. (Ord. No. 11727, § 2, 10 -3 -1973; Ord. No. 17748, § 5(o), 7 -27 -1983) Sec. 2 -172. Staff support. The personnel of the senior community services program shall provide staff support to the aforesaid advisory committee. H: \LEG- DIR \Lisa\2010 Ordinance \Leadership Committee for Senior ServicesV2.DOC 2 (Ord. No. 11727, § 3, 10 -3 -1973; Ord. No. 17748, § 5(o), 7 -27 -1983) Sec. 2-173. Duties. The advisory committee's duties will be: (1) To advise the Senior Community Services division staff of the needs for services according to locally conceived priorities; (2) To assist the Senior Community Services division staff in the development of comprehensive senior citizens program plans; (3) To establish priorities and make recommendation for appropriate program funding; (4) To review and evaluate Senior Community Services division operations; (5) To coordinate program and planning activities with local agencies and organizations that serve senior citizens; (6) To increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and, (7) To coordinate and plan fund raising activities to benefit Senior Community Services division goals. (Ord. No. 11727, 10 -3 -1973; Ord. No. 12700, § 1, 7 -16 -1975; Ord. No. 17748, § 5(o), 7- 27 -1983; Ord. No. 19889, § 2, 7 -28 -1987; Ord. No. 24683, § 3, 12 -11 -2001) Sec. 2-174. Reserved." H: \LEG- DIR \Lisa\2010 Ordinance \Leadership Committee for Senior ServicesV2.DOC That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: r).),'-'"-14- 1 7 , By: Lisa A ' i ar, Assistant City Attorney for the City Attorney 21 NO ATTACHMENT FOR THIS ITEM 22 NO ATTACHMENT FOR THIS ITEM 23 NO ATTACHMENT FOR THIS ITEM 24 AGENDA MEMORANDUM AGENDA ITEM: March 23, 2010 Public Hearing and First Reading Ordinance - Amending the Corpus Christi Platting Ordinance by revising Section IV.G.6.b), relating to fee in lieu of park land dedication; providing for severance; and providing for publication. The proposed amendment would set a maximum land value of $62,500 per acre that could be assessed to developers for the fee in lieu of land dedication requirement. This capped system would result in all residential projects within the city being assessed more consistent land development fees and enhance opportunities for future development in areas with high land values. ISSUE: Recent discussions with various representatives from the real estate industry, developers, and City Council members have identified a concern over the potential park dedication requirements that can be assessed on new multi family projects constructed in areas with high land values. In the interest of supporting new development, staff has prepared short and long term recommendations to address the issue. The short term solution would provide for a cap of $62,500 per acre, on the value of the required acreage to be dedicated. This capped system is used by the City of San Antonio and would result in all residential projects within the city being assessed more consistent fee requirements. The recommended long term solution would include moving towards a flat per unit fee that is based on the city's goals for park development (Park Master Plan) and actual costs. Staff will develop a formula that accurately addresses the financial impact of a new housing unit on the park system. Staff will work towards the development of this fee and have a recommended amendment before council for consideration by the end of the calendar year. REQUIRED COUNCIL ACTION: Approval of the proposed text amendment to the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the text amendment as presented. aS(C.', Juan P les, Jr., P.E. Assistan City Manager JohnnyP@cctexas.com 826 -3828 Attachments: Exhibit A Background Information Exhibit B Powerpoint presentation Exhibit C Platting Ordinance Amendment H: \PLN -DIR \SHARED \Project Manager Working Documents \Dan's All Projects\2010 \Park Ord \CC docs\AgeMemo Park Ord 3.10.10 DM.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The current park dedication ordinance was initiated in late 2007, as part of the discussions related to the adoption of the Unified Development Code. Staff worked with the UDC Park committee to bring this section of the UDC forward to improve on the existing requirements for park dedication. Previous to this ordinance developers were required to dedicate five (5) percent of their land or pay a fee in lieu of, based on the value of that land. The current ordinance added a park development fee per unit and based the required land dedication (Community Enrichment Fund) on the number of residential units within the project. The city still maintained the option of requiring the land dedication or collecting a fee based on the market value of the required acreage. This fee in lieu of land is calculated using documentation on the most recent sales transaction for the property in question. Recent discussions with various representatives from the real estate industry, developers, and city council members have identified a concern over the potential park dedication requirements that can be assessed on new multi family projects constructed in areas with high land values. In the interest of supporting new development staff has prepared short and long term recommendations to address the issue. The short term solution would provide for a cap of $62,500 per acre on the value of the required acreage to be dedicated. This capped system is used by the City of San Antonio and would result in all residential projects within the city being assessed more consistent land development fees. This cap would set a limit on the maximum amount that could be assessed per acre during the platting process. This is especially important for projects developing in the downtown or Mustang and North Padre Island areas, where property values are the highest within the city. The recommended long term solution would include moving towards a flat per unit fee that is based on the city's goals for park development (Park Master Plan) and actual costs to get there. Staff will work towards developing a formula that accurately addresses the financial impact of a new housing unit on the park system. Assessment of this fee will involve evaluation of the current park master plan and recent park development costs associated with providing those community desired improvements. Staff is proposing to have this evaluation and a proposed recommendation back to council for consideration before the end of the calendar year. Staff has presented the proposed amendments to both the Park and Recreation Advisory Committee and Planning commission for comment. The Park and Recreation Advisory Committee recommended the following items be included with the short term amendments to the platting ordinance: implement a cap of $62,500 per Exhibit A. acre on the fair market value that can be assessed during the platting process, include language that will allow for the annual evaluation of this cap, and assess a $200 Park Development fee on all new residential units regardless of when the property was platted. The Park and Recreation Committee was also in favor of moving towards a flat per unit fee that would be based on actual impact to the park system for the long term solution. Exhibit A. 1 /1 0.) -1_, -(1.n C=1, -Th L.) L.-73) "L7_, 1l) D nricnmen '— Ji tit 1— Cf. 11 `� -� , i t7� �, d) d) . _ , `, _� T-, a) a) >,, ,)� 1) 1 L1 �� d) 1_) Z7) 0 Li_ -j �� 0 lj Il) _,, ti) 111 ) �-, � � �`�) iii _``, ) �� D ;_� tit 0 d) tii ��; ) CI) ■ l_1_, tit L ) t)t tll � � �l, 0 ,_ `1 0 ~ ~ �_ i,1 tU ,� -� l''':::"' ,, i ilk ,l) 1 — d) Ill 11 �) �' „� - il) tii t -_� � ,l) - �) -�, 1/47-7 CI: ,� '-)t�1 _,_1 C . `� � LL, � -t ,---) ,,ii a) � il) 0 _ ) Ji ii..) t — ,_, -,,� il —_0 u �) Li.) i 1 ,i� i/) _ � Ib L� lu �) ' tit L.7:17)) l ■ , ,1) ,l) 11 , � —' _ —� _ - Il) �) tVi �1 1 _, c �11 fl U LiZ �l ��l � t11 a) tJi _,---, L11 - ��� -� �) �l) �� L. _,=, L--) j. L Il)� �� — LL1 0 , — -,-1 -, a) ,") ti) ti _,7:. ) 0 (1) Th I L1 _L) 0 LL1 N(1 a) C 4- i W^` 2�U 0 i 0 N = ,a2 _a a) W ca }I �L -0 -0U� O C = OM 0 E 0 0 A .-T) \ C^/)` Win i ca 5 CO 4- N c O Q 0 U o E O c 4— p 0 z O Projects: Location Cost per # of Required Fee in lieu of Park Total Park Fee broken acre Units Park Land Land of Development Fee down by unit Dedication Dedication Fee Downtown Waterfront: $1,089,000 200 1 acre $1,089,000 $40,000 $1,129,000 $5,645 (Multi) Mustang /Padre $410,560 200 1 acre $410,560 $40,000 $460,560 $2,303 Island (Multi) Saratoga/ Staples Area (Multi) $174,240 200 1 acre $174,240 $40,000 $214,240 $1,071 Southside Fringe (Single Family) $30,000 200 2 acres $60,000 $40,000 $100,000 $500 *Approximate land values based on recent: purchases /listings /appraisals.... Station with optional land units. Unit Neighborhood parks dedication based on # SF 102 units= 1 acre $1,646 Community parks of units. MF 125 units= 1 acre Single Family 20011,646= Unit Or applicant pays unit fee. $2,021 Total: $329,200 McAllen Per dwelling unit fee Land dedication $700 per unit 200* 7 = with optional land SF • MF • = 1 acre 50% of actual dedication based on # - pplicant pays unit fee. determined of units. value per unit. Dotal: $140X, 00 SF- Single Family Unit F -Multi Family Unit u u- u 45 N U 4 L1" L N 0 Jo co _0 L1) , _, c D -11 1 a ,,1) L L T) .5 N _�, a) a cii2 CD IE -, Ll ill 0 CO ill Cl: 1 _� L1) CO co `. 0 ,- -o O_ 1l1 _�, 11) L1) - �C 1 L y _j. -� L� y O 'EN I; 4:_-_-: , i '+r > U �c L1' ` 11 L4i) •� L) kl) -, Q , Cr `� 0 73 L1) L_ 11 L 1 1' L1� L1" (J) 0 t ._ t, �) pit - _, L1) , =1 — — 0 _�, _� -- , L 1 L1) 4U '-V) )--' -E _0 W C CO L1) _.; `, _,_, L ,t) L� ^' ~ ` L1" W _Ll -- . iii <. � �u L1) N 1 �� �i) �_) Zl a _ -0 Recent City land acquisitions on the Southside Date Use Acres Location Cost Per Acre 11 111 2009 Park 36.55 South Guth Park $675,000 $18,467 2009 ROW 0.31 Yorktown $72,862 $230,868 Average purchase price per acre on the Southside (2005 -2009) $64,297 N O O O O O O N O 1• N n ifs ovi O O O O O O O N O O O a) L 0 a) a) 1 `L • X11 `, 1 L 111 1 ▪ L 1 1.1_, L1 Develop separate unit fees for neighborhood and community parks. A _›, Q . O U N >U`~ w U D Q co Q E co O E i s- al C) DOE U N O OQ U - N . _c c O� Nc 0 _a co fA O c -C 0 O U_c c U co 1 O Qco U W o_ N -2 i N_c o2 d "h - -, n LTh ill Cl) 0 LL, J) a) • O co -0 2 ca bk Develop separate unit fees for neighborhood and community parks. - tion Advisory Committee Park and Rec 0 Page 1 of 3 ORDINANCE AMENDING THE CORPUS CHRISTI PLATTING ORDINANCE BY REVISING SECTION IV.G.6.b), RELATING TO FEE IN LIEU OF PARK LAND DEDICATION; PROVIDING FOR SEVERENCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Corpus Christi Zoning Ordinance; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 17, 2010, during a meeting of the Planning Commission, and on Tuesday, March 23, 2010, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi Zoning Ordinance is amended by revising Section IV.G.6.b) to read as follows: "IV. G. 6. Fee in Lieu of Land. "IV. G. 6. b) The fee in lieu of land dedication requirement shall be met by a payment proportional to the amount of land required to be dedicated and using fair market value of the land at the time of construction start. The value shall be determined by "IV. G. 6. b) (1) The Director of Development Services shall determine the amount of the fee in lieu of land dedication, based on the following formula: "(A x V) = M "A = The amount of land required for dedication as determined in subsection (b) of this section. Platting Ord -- Park Fee -- 03122010.doc Page 2 of 3 "V = The fair market value (per acre) of the property to be subdivided, as established by an approved method. "M = The number of dollars to be paid in lieu of dedication of land. "IV. G. 6. b) (2) For purposes of computing the fair market value of property, variable V in the equation in IV. G. 6. b) (1), the applicant may select one (1) of the following: "IV. G 6. b) (2) (a) The fair market value at the time of application of the undeveloped land as determined by a MAI certified real estate appraiser at the applicant's expense: or "IV. G. 6. b) (2) (b) The actual purchase price of the property as evidenced by the applicant's most recent purchase money contract or closing statement dated within two (2) years of the date of application. "IV. G. 6. b) (3) The fair market value, variable V, may not exceed sixty two thousand five hundred dollars ($62,500.00) per acre. The fair market value cap may be revised annually during the city's budget adoption process beginning with the adoption of the fiscal year 2012 budget. The fair market value cap may be adjusted based on an evaluation of property acquisition costs by the city and trends in local development activity." * SECTION 2. That the Corpus Christi Platting Ordinance, adopted by Ordinance No. 4168 on March 23, 1955, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 3. 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 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. Platting Ord -- Park Fee -- 03122010.doc Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: 12th day of March, 2009: ■ R. Jay ein/ing First/Assitant City Atforney For City Attorney Platting Ord -- Park Fee -- 03122010.doc 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 03/23/10 AGENDA ITEM: Public Hearing to consider and First Reading Ordinance amending the Corpus Christi Zoning Ordinance by adding to Section 4 -1, the "10" Zoning District, which was not listed when district was adopted, and by adding the new "CH" Zoning District; by adding a new Article 6C Title "CH" Cottage Housing District; by adding "Cottage Housing Development" as a permitted use to Sections 6B -2, 7 -2, 8 -2, 8 -A2, 9 -2, 10 -2, 11 -2, 12 -2, 12A -2, 13 -2, 14 -2, 14A -2 and 16 -2; by reformatting Section 24 -1; and by adding a new district to Section 24 -1; relating to the use, regulations, and review standards for a Cottage Housing District; providing for increased density and low- impact development on smaller lots within the City limits; amending conflicting provisions of the City's comprehensive plan; repealing conflicting ordinances; providing for penalties; providing for publication; and providing for an effective date. STAFF PRESENTER(S): Name Title /Position Department 1. Lisa Wargo Sr. Planner, Zoning Ord. Administrator 2. Juan Perales, Jr., PE ACM Engineering and Dev. Svcs. Depts. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. None ISSUE: The drafted "Cottage Housing District" Ordinance proposes to amend the Corpus Christi Zoning Ordinance by adding a new Article 6C titled "Cottage Housing District ". The draft Ordinance includes new definitions and provides building and design standards to ensure that these developments are attractive and compatible with surrounding land uses, while promoting affordable homes for singles, couples, small families, single parents, retirees, and tourists on smaller Tots that may have previously been excluded due to Zoning Ordinance setbacks, lot widths, and maximum density requirements. BACKGROUND: • On December 9, 2009, the Planning Commission recommended approval of the proposed Ordinance and recommended amending Staff's draft to allow cottage development and rezoning to a Cottage Housing District within all districts, excluding the "1 -3" Heavy Industrial District, in addition to deletion of Section 6B -3(C). • On December 15, 2009, Staff presented an information -only presentation to the City Council to familiarize the Council with the proposed Ordinance. ❖ On January 6, 2010, Staff presented the ordinance and received comments from the Committee for Persons with Disabilities. ❖ On January 7, 2009, Staff met with several members of the local building and development industry to discuss the ordinance and receive comments. ❖ Public hearing before the Planning Commission on the updated ordinance language was held on February 17, 2010. The Commission tabled action on the item to the March 3, 2010 meeting to allow Staff to address discrepancies in the proposed ordinance language. PLANNING COMMISSION RECOMMENDATION: On March 3, 2010, the Planning Commission recommended approval of the proposed Zoning Ordinance text amendment to adopt the Cottage Housing District Ordinance as presented by Staff. REQUIRED COUNCIL ACTION: Public hearing and first reading of the proposed Cottage Housing District Ordinance, amending the Corpus Christi Zoning Ordinance by creating a new Article 6C, "Cottage Housing District "; including new definitions and allowing cottage housing as a permitted use in various districts; providing development standards and regulations; providing for increased density and low- impact development on smaller Tots within the City limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for severance; providing for penalties; providing for publication; and providing an effective date. STAFF RECOMMENDATION: Staff recommends approval of the "Cottage Housing District" Ordinance, amending the Corpus Christi Zoning Ordinance by adding a new Article 6C, titled "Cottage Housing District ". Vita Juan Perales,,Jr., PE Assistant City Manager, Engineering and Development Services Departments Attachments: PowerPoint Presentation Ordinance Page 1 of 35 ORDINANCE AMENDING THE CORPUS CHRISTI ZONING ORDINANCE BY ADDING TO SECTION 4 -1, THE "10" ZONING DISTRICT, WHICH WAS NOT LISTED WHEN DISTRICT WAS ADOPTED, AND BY ADDING THE NEW "CH" ZONING DISTRICT; BY ADDING A NEW ARTICLE 6C TITLE ' "CH" COTTAGE HOUSING DISTRICT "; BY ADDING "COTTAGE HOUSING DEVELOPMENT" AS A PERMITTED USE TO SECTIONS 6B -2, 7 -2, 8 -2, 8- A2, 9 -2, 10 -2, 11 -2, 12 -2, 12A -2, 13 -2, 14 -2, 14A -2 AND 16 -2; BY REFORMATTING SECTION 24 -1; AND BY ADDING A NEW DISTRICT TO SECTION 24 -1; RELATING TO THE USE, REGULATIONS, AND REVIEW STANDARDS FOR A COTTAGE HOUSING DISTRICT; PROVIDING FOR INCREASED DENSITY AND LOW- IMPACT DEVELOPMENT ON SMALLER LOTS WITHIN THE CITY LIMITS; AMENDING CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERENCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City's Comprehensive Plan supports development that provides for an increase in the variety of housing types available for smaller households and encourages creative and high quality infill development that fosters a sense of community; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 9, 2009, February 17, 2010 and March 3, 2010 during meetings of the Planning Commission, and on Tuesday, December 15, 2009 and March 23, 2010, during meetings 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's Comprehensive Plan supports the growth management goal of more efficient use of urban residential land through flexibility in density and lot standards and providing development standards to ensure compatibility with surrounding land uses; WHEREAS, The City's Comprehensive Plan supports development that makes efficient use of land and public services, and accommodates a range of housing needs while providing for compact and compatible building and site design at an appropriate neighborhood scale which reflects the neighborhood character; WHEREAS, The City supports development that reduces reliance on the automobile for neighborhood travel and provides options for walking, bicycling, and direct and convenient access to schools, parks and neighborhood services; WHEREAS, The City supports development that helps infiltrate storm water, reduces storm water runoff, and thereby reduces the City's storm water burden and costs, and helps to protect the water quality of the City's bays and estuaries; WHEREAS, as part of the City's planning effort, Cottage Housing Development will advance the availability of affordable housing for all economic segments and encourage the creation of more usable open space that is shared and centralized for residents of the development, as is required under the Growth Management Act; Public Copy of Cottage Housing District Ordinance Page 3 of 35 (B) Provide more affordable housing primarily for single person households, dual -owner households, retirees, small families, and their occasional guests; (C) Provide a housing development which would otherwise be precluded by contemporary lot size, setbacks, and parking requirements; (D) Allow higher residential density than is normally allowed in a single - family zoning district, through the use of smaller than average home and lot sizes, reduced setbacks, clustered parking, and more compact, and low impact site design; (E) Specify a maximum square footage of residences in Cottage Housing Developments in order to prevent overbuilding of the site and exceeding available off - street parking; (F) Encourage efficient use of land by concentrating earth work activities and preserving large sections of open space, and by fostering infill development over existing infrastructure; (G) Foster resource and energy conservation by allowing for the construction of homes with smaller environmental footprints; and (H) Fulfill the intent of the City's Comprehensive Plan policies by utilizing efficient land use development techniques to provide affordable housing and promote in -fill development, and provide opportunities for home ownership. 6C -2. Definitions. The following definitions are specific to this Article: 2.1 Cluster. A group of 5 to 12 cottages, with reduced setbacks between cottages, associated with a common open space. 2.2 Common Open Space. An area of green space improved for passive recreational use or gardening. Common open spaces are required to be owned and maintained commonly, as set forth through a homeowners' association. 2.3 Cottage or Cottage Unit. A single family detached dwelling unit that is part of a Cottage Housing Development. 2.4 Cottage Housing Development (CHD). One to 5 clusters of cottage units developed under a single development plan, or as part of another development plan. 2.5 First flush. The first 2 inches of runoff in any rain event. 13.1,1:n r,..,.r of Cr,ttaoe Nnncina Tlictrict Ordinance Page 4 of 35 2.6 Footprint. The gross floor area of a structure's ground -level story, excluding any garage, provided that the garage is not converted to, or utilized as, dwelling space. 2.7 Impervious Cover. Ground cover that provides storm water flows fairly directly and quickly, with little or no ground infiltration, to adjacent areas onsite. 2.8 Master Planned Community. A community developed through the submittal of a land -use plan focused on one or more sites within an area that identifies site access and general improvements and is intended to guide growth and development over an extended time period, or in several phases. 2.9 Open Porch. A roofed structure, open at front and sides and unscreened, projecting from the face of a building and used to protect an entrance. 2.10 Planned Unit Development (PUD). "Planned Unit Development" means: (A) An area of land controlled by a landowner, or landowners acting in concert, to be developed as a single entity, the plan for which does not correspond directly to the regulations in any one zoning district established by other articles of this ordinance; (B) To be developed in one continuous ascertainable phase, or in a definitely programmed and calendared series of development operations; (C) Embracing principal and accessory structures and uses substantially related to the character of the established zoning district or districts in PUD -1, and, to the character and purpose of the development, as to both PUD -1 and PUD -2, see Section 28 -3(1) and (J) for definitions of PUD -1 and PUD -2 respectively; (D) A development to be made, after approval of the provided plan, indicating streets, utilities, lots and building sites, and related items, and site plans, and detailed plot plans for other uses and improvements on the land as related to the buildings; (E) A development prescribing for the provision, operation and maintenance of such areas, buildings, structures, improvements, facilities and services as will be for use in commonalty by some or all of the occupants, tenants and for owners within the PUD, either at general expense to the developer, his successors or assigns, or by assessments to an owners' and /or tenants' association or both methods. A planned unit development may include, but does not require, individual ownership of units, structures, or property. Common areas, however, which relate to and serve the individual occupants, are mandatory; and Public Copy of Cottage Housing District Ordinance Page 5 of 35 (F) A development wherein drainage both away from the site and on site and all utilities, streets and drainage facilities to be dedicated to the City meet standards equal in function and quality to those set forth in the Platting Ordinance. 2.11 Private Open Space. Individual private lot area on a cottage unit lot made available for private use by a cottage owner and includes the square footage of the required open front porch. 6C -3. District Allowances. (A) Cottage Housing Development is a permitted use in the following zoning districts: R -TH, R -2, A -1, A -1A, A -2, AT, AB, B -1, B -1A, B -2A, B2, BD and B4 zoning districts. (B) Commercial use of cottage units for commercial leasing purposes must comply with the International Building Codes (IBC) and the City's Fire Department Codes and is only permitted in the "AT" and "B -2A" zoning districts. 6C -4 Development Characteristics. A Cottage Housing Development consists of detached single family cottage units in a cluster, associated with a central shared open space, and must have the following characteristics: (A) Construction Characteristics. Each cottage unit must have the construction characteristics of a detached single family dwelling. (B) Platted Lot. Each cottage unit must be located on a platted lot. (C) Home Owner's Association. Each Cottage Housing Development must have a Home Owner's Association for the ownership and management of common facilities, common drives, common alleys, common open space, and common parking areas. Shared use of a common facility, such as a community center, will be considered an accessory use. (1) Home Owner's Association covenants, conditions, and restrictions will be automatically renewable at the end of the established term unless 51% of the members agree to dissolve the association and the dissolution of the association is approved by the City. (2) If a cottage unit is leased for more than 30 days, the terms of the lease must be shown within the deed restrictions, and are enforceable through the Home Owner's Association. Public Copy of Cottage Housing District Ordinance (3) Page 6 of 35 Cottage units rented or leased for Tess than a 30 -day period will be considered a commercial use and therefore must comply with the provisions of 6C -3(B). (4) Proposed deed restrictions must be submitted with the plat and must state that individually platted Tots and common open spaces, within the Cottage Housing Development, will not be further divided into smaller tracts. The deed restrictions must be noted on the plat and recorded, and are enforceable through the Home Owner's Association. (D) Infrastructure. Cottage Housing Developments are only permitted in areas served by public sewer and water, except when the proposed development is part of a comprehensive development plan providing for adequate infrastructure through phased development. (1) The Developer must provide evidence that sufficient and adequate infrastructure facilities and capacity exist to sustain the higher densities of a proposed Cottage Housing Development. (2) If adequate infrastructure and capacity does not exist on the proposed development site, the developer must provide a plan of action indicating what services will be provided to meet the densities of the development. 6C -5. Density, Minimum Lot Areas and Widths. (A) The Cottage Housing Development allows for smaller lot areas and increased densities from 5 to 12 cottage units per acre. However, if the methods and techniques listed at 6C -6(C) are implemented, an increase in density over 12 units may be permitted by the Development Services Department Assistant City Manager (ACM) or his designee. (B) A Cottage Housing Development requires a minimum of 1/2 acre of land. (C) A Cottage Housing Development is composed of clusters of cottage units with: (1) Minimum cottage units per cluster: 5 (2) Maximum cottage units per cluster: 12 (See Section 6C- 5(A)). (3) Maximum clusters per Cottage Housing Development: 5 (4) A single cluster Cottage Housing Development must have a minimum of 5 cottage units onsite. Public CODV of Cottage Housing District Ordinance Page 7 of 35 (5) Examples of cottage site layouts are included as Figures 1, 2, and 3 below. Fig. 1. One Cluster Layout. Fig. 2. Multiple Cluster Layout. Fig. 3. Beach Cluster Layout. (D) Cottage Housing Development Size. (1) A Cottage Housing Development may not exceed 5 acres in total site area. (2) A Cottage Housing Development may exceed 5 acres in size if it is part of an approved Master Plan Community designed and developed according to the design and development standards under this Article. Public copy of Cottage Housing District Ordinance Page 8 of 35 (3) Cottage Housing Developments must be separated by a distance of at least 500 feet. (4) The minimum street frontage width of an entire Cottage Housing Development is 50 feet. (5) An individual platted interior cottage lot must have a minimum front lot width of 25 feet. (6) The front building line around the circular portion of a cul -de- sac or the circular portion of a knuckle where a street makes a turn may be no less than 15 feet. 6C- 6. Impervious Cover Allowance. (A) Cottage Lot. The maximum impervious cover allowance for the footprint of an individually platted cottage unit lot may not exceed 75% of the cottage unit lot area. (B) Entire Cottage Housing Development. The maximum impervious cover allowance for the footprint of an entire Cottage Housing Development site is 65 %. (C) Increasing Impervious Cover Allowance. Use of low- impact storm water and pervious surface techniques into the design of a Cottage Housing Development in the manner discussed below, will not count towards the 65% maximum impervious cover allowance on a site, therefore the total allowable maximum impervious cover allowance of the entire Cottage Housing Development may be increased. An increase in impervious cover allowance may be gained through the following methods: (1) Where practices, as noted in the City's Best Management Practices (BMP) Manual, are used to capture, retain, and infiltrate storm water on -site, and it can be shown through engineering analysis to be capable of retaining the first 2 inches of the 2, 10, and 25 year design storms from a portion of the site, the impervious fraction of the site that is served by these BMP's may be deducted from the total impervious cover on the site. (2) If porous paving technology, including pervious concrete and pavers, are properly installed, maintained, and incorporated into the design of the project for the driveways, parking areas, sidewalks, or paths, these areas will be considered 100% pervious and will not count against any total allowable impervious percentage on site, nor will they be considered impervious in determining the hydrologic runoff of that portion of the property. Public Copy of Cottage Housing District Ordinance (3) Page 9 of 35 The rooftop portion or side area used for calculating the total site imperviousness can be reduced where a portion or side of the rooftop rainwater runoff is collected by gutters or other conveyances and directed into a rain barrel, vegetated swale, underground storage container, rain garden, or other infiltration - based or retention -based systems, designed and sized in accordance with, and acceptable under, the BMP Manual. (4) Storm water retention ponds are not considered an acceptable BMP unless they include a vegetated littoral shelf or other vegetated component intended to provide water quality treatment. (5) Construction plans detailing the construction of the vegetated rain garden, swale, retention or detention pond component, including target side slopes, depths, retention time, proposed plant species, and a long -term maintenance plan must be pre - approved by the Development Services Department ACM or his designee. 6C -7 Required Open Space. (A) Common Open Space. Each cluster of cottage units must have commonly owned open space, owned by all the members of the Cottage Housing Development, to provide a sense of openness and community for residents. (1) The common open space must be adequately sized and located with at least 75% of individual cottage unit entrances oriented towards the open space, or towards a walkway leading to the open space. (2) A minimum of 400 square feet of landscaped common open space per cottage unit is required for the exclusive use of the cottage unit residents. Common open space provided and dedicated to the Cottage Housing Development will be accepted in lieu of the Community Enrichment Fund fee, see Platting Ordinance, required for development projects, provided that the minimum 400 square feet per cottage unit of common open space is provided within the development. (4) Required common open space may be divided into no more than two separate areas per cluster, with each piece counting toward the requirement measuring a minimum of 20 feet on at least one side. (3) n..t.t:., T-Inncina ilictrirt nr[iittance (5) Page 10 of 35 The common open space area must be improved for passive recreation or gardening and incorporate seating areas or gathering places, such as gazebos, game tables, or small covered picnic pavilion areas. (6) Common open space must be bordered on at least two sides by cottage units. (7) All of the cottage units in a cluster must be within 100 feet walking distance of the common open space. (8) Parking areas, yard setbacks, spaces between buildings of 10 feet or Tess in width, private open space, and driveways do not qualify as common open space. (9) Sidewalks and paths must comply with Chapter 1101.2 of the City's Building Code and the Texas Accessibility Standards where required. (10) Cottage units and parking areas must be located so as to preserve as much contiguous and permanently undeveloped open space and natural vegetation as possible in order to maximize filtration and infiltration of storm water. (11) Interior common sidewalks and paths located within 75 feet of the main common open space area may be counted towards up to 50% of the common open space requirement onsite, provided that the walkway areas are landscaped according to Section 6C -20, and lighted in accordance with the Illuminating Engineering Society of North America's (IESNA) "Guideline for Security Lighting for People, Property, and Public Spaces ". (12) Common open space area, except for wetlands, must be at least 75% vegetated (as opposed to gravel, swimming pools, or other pervious ground cover or structures), and landscaped with water -wise and drought tolerant plant species approved and consistent with the City's Landscaping Ordinance plant list found at Appendix A, Article 27 -B, Landscape Requirements. (13) A community building adjacent to or within the common open space area will not require a pitched roof if a community green roof garden or roof -top deck is incorporated into the design of the building. (14) Ten percent of the total common open space square footage requirement may be used towards the construction of a community building, community swimming pool, or other recreational feature onsite. Public Copy of Cottage Housing District Ordinance Page 11 of 35 (B) Wetlands as Open Space. (1) If wetlands, as delineated by the United States Army Corp of Engineers (USACE) or a certified wetlands delineator, are protected by buffering, silt fencing, or other USACE practices both during construction and from the impacts of future adjacent land use activities, and utilized within the design of the Cottage Housing Development property boundaries, the onsite wetlands may be counted for up to 50% of the common open space requirements. (2) Non - jurisdictional wetlands, i.e. those for which impacts would not require a USACE permitting process, may be counted in a 2:1 ratio (i.e. two acres of open space credit for every one acre of wetland preserved) up to 50% of the total open space requirement if incorporated into the design of the Cottage Housing Development property boundaries. Preservation of jurisdictional wetlands (those for which impacts would require USACE permitting) can be used in a 1:1 ratio to offset up to 50% of the total open space requirement if incorporated into the design of the Cottage Housing Development property boundaries. (3) (C) Private Open Space. (1) Each cottage unit lot must have a minimum of 200 square feet of private open space per unit, including the required front porch. (2) The private open space must be contiguous to each cottage unit, and may not have a dimension of less than 4 feet on any one side adjacent to each cottage unit. The private open space may be separated from the common open space with a small hedge, picket fence, split rail fence, or other similar visual separation to create a sense of separate ownership. (4) Fences constructed in private open space areas are subject to the requirements of Section 6C -18. (3) 6C -8. Ownership and Residential Use of Cottages. (A) Cottage units within a Cottage Housing Development are for residential use only, and must be held in fee simple ownership, and cannot be used for business, industrial uses or commercial uses unless established as outlined under Section 6C -3(B). Public Cony of Cottage Housing District Ordinance Page 12 of 35 (B) Community buildings, common parking areas, common drives, common alleys and common open space must be owned and maintained in common by the Cottage Housing Development residents, through a Home Owners' Association and may not be dedicated to the municipality. 6C -9. Architectural Design Standards. Typical cottage units have a medium pitch hip or gable roofs; double -hung, vertical windows, symmetrically arranged; wide horizontal or vertical siding; front porches across all or most of the front elevation with post and balustrade; with or without exterior steps, and fences. (Examples of cottage exterior and interior architectural designs can be viewed under Appendices A and B.) (A) Design Requirements. (1) For every 4 cottage units within a cluster, at least 2 basic floor plans and at least 2 elevations must be provided. (2) A floor plan may be reversed or flipped and submitted as a separate floor plan once within a cluster. Manufactured, pre- fabricated, and modular homes are not permitted within a Cottage Housing Development. (4) The front of a cottage unit must have one or more transparent windows totaling at least 8 square feet, and a door, the color of which must adhere to the submitted color palette for the Cottage Housing Development. See 6C- 9(H)(1) for color palette information. (3) (5) Windows located on the side of a cottage unit must be located to avoid a direct view into a neighboring cottage unit, or a window pane design must be implemented that screens or masques the view from adjacent cottages units. (B) Street Facing Facade Design Standards and Orientation. Street facing facades of cottage units in a Cottage Housing Development must contribute to the neighborhood by including the following design details: windows, changes in materials, and views of front doors or porches. (1) Each cottage unit abutting a public street, not including private alleys or private drives, must have a secondary covered entrance, porch, bay window or other architectural enhancement oriented to the public street to avoid a blank wall. (2) Each cottage unit must include windows and /or doors that comprise at least 25% of any street - facing facade. Public Copy of Cottage Housing District Ordinance Page 13 of 35 (C) Height. (1) The maximum building height of all buildings in a Cottage Housing Development is 28 feet at the ridge, excluding chimneys or cupolas. (2) The maximum height of a proposed Cottage Housing Development structure located within a flood zone may be increased, to measure no more than 28 feet above the point designated as one foot above the Base Flood Elevation (BFE), provided that the total maximum height of the structure measured from the grade does not exceed 35 feet, except as provided under Section 6C- 9(C)(3) below. Dwelling units within a Cottage Housing Development proposed in an "AT" or "B -2A" may not exceed 28 feet above the point designated as one foot above the BFE. (3) (D) Exterior Trim. (1) Cottage Housing Development structures may not be void of exterior trim elements on front and rear elevations. (2) Window and door trim with a minimum width of 3 inches must be provided on all Cottage Housing Development structures. (E) Roof and Eave Design. (1) Roofs on Cottage Housing Development structures must have eaves that shed rain, and provide rain protection for exterior walls. (2) All Cottage Housing Development structures must have pitched roofs, excluding common buildings when roof -top decks are incorporated. Eaves of at least 12 inches must be provided on all cottage structures on at least 2 sides of each building. (4) Where buildings are not square in that one set of exterior parallel walls are longer than the other, the eaves must be provided on the parallel walls that are the longest. (F) Exterior Siding. Cottage unit siding must be a minimum of 6 inches in width, and may be either horizontal or vertical plank siding, constructed of wood, Hardyplank, or vinyl, provided that the Cottage Housing Development is not located in, or in conflict with, the Island Overlay District and the requirements of Section 13A- 11.03(A) for vinyl material usage. (3) Public Cony of Cottage Housing District Ordinance Page 14 of 35 (G) Alternate Architectural Styles. Alternate Architectural Styles will be considered as follows: (1) Proposed alternate architectural design style for a Cottage Housing Development must be consistent and compatible with the materials, appearance, concept, and the remaining standards of this ordinance. (2) Documentation depicting and describing the proposed architectural style and proof of consistency with the remaining standards of this ordinance must be submitted to the Development Services Department ACM or his designee to determine consistency with the remaining ordinance requirements. Proposed alternate architectural styles must be incorporated into the deed restrictions of the individual cottage unit lots. (3) (H) Colors. (1) The Developer must include in the deed restrictions a cottage exterior, door and trim color palette showing which colors will be used within the Cottage Housing Development. (2) Exterior colors chosen for cottage units and accessory buildings must adhere to the color palette. Different color schemes must be used for the individual cottage units and accessory buildings on each. Cottage Housing Development project site. (3) 6C -10. Floor Area. (A) Cottage Unit Minimum Total Square Foot Area. The minimum total square foot area for a cottage unit is 800 square feet. • (B) Cottage Floor Area Requirements. (1) A minimum of 75% of the total number of cottage units may not exceed 1,200 square feet, not including interior spaces with Tess than 6 feet of overhead room, architectural projections such as bay windows, fireplaces or utility closets no greater than 24 inches in depth and 6 feet in width, attached unenclosed porches, and breezeways. (2) Twenty -five percent of the total number of cottage units may exceed 1,200 square feet but may not exceed 1,400 square feet, not including interior spaces with less than 6 feet of Public Copy of Cottage Housing District Ordinance Page 15 of 35 overhead room, architectural projections such as bay windows, fireplaces or utility closets no greater than 24 inches in depth and 6 feet in width, attached unenclosed porches, and breezeways. (C) No Increase in Original Square Footage. The total square foot area of a cottage unit may not be increased from the original square footage. (D) Second Story. For any cottage unit, the floor area square footage of a second story must be no greater than 60% of the first story floor area. (E) Garage or Carport. The square footage of an attached or detached garage or carport will not be included in the livable square footage space calculations of the cottage unit, provided that the garage area is not air - conditioned or utilized as a dwelling unit, see Section 6C- 17(G). 6C -11. Setbacks and Yards. (A) There must be a minimum interior cottage unit separation of 8 feet between each cottage unit and all building walls onsite. (B) There must be a minimum separation between adjacent eaves of 6 feet. (C) Projections may extend into the required separation for the following: (1) Eaves may not exceed 12 inches. (2) Minor appurtenances such as pipes, gas and electrical meters, alarm systems, air vents, and downspouts. Architectural projections such as bay windows, and fireplaces, up to 12 inches. (D) Front and rear yard setbacks for individual cottage unit lots may not exceed 30 feet combined, and may not be less than 5 feet for either yard. (3) Public Coov of Cottage Housing District Ordinance Page 16 of 35 (E) Zero lot line development in a Cottage Housing Development is permitted. The cottage unit or a portion thereof must be placed on one interior property line with a zero setback and the cottage unit setback on the other interior side property line must be a minimum of 8 feet excluding the connecting elements such as fences, walls, and trellises. The easement must be explained in detail on the plat. (F) Buildings must not be located within 10 feet from the front property line along any public street. 6C -12 Porches. (A) All cottage units in a Cottage Housing Development must have a covered main entry porch. (B) The covered main entry porch must be oriented toward the common open space or a walkway that connects the cottage unit to the common open space. (C) The covered main entry porch must be at least 70 square feet in area with a minimum dimension of 7 feet in any direction (length or width) on any side. (D) Front porches may not be enclosed in any manner, including screening. 6C -13. Walkways. (A) The developer of a Cottage Housing Development is required to construct sidewalks along all public streets. (B) A system of interior paths, walkways or sidewalks must connect each cottage unit to the common area, to the parking area, and to the sidewalks abutting any public streets that border the Cottage Housing Development. (C) Each interior path, walkway, or sidewalk, must be buffered by 5 additional feet of vegetated space on each side, with a minimum separation of 14 feet between two facing cottage porches along a path or walkway, (Figure 4). Public Copy of Cottage Housing District Ordinance Figure 4. 5 Feet 4 Foot Path 5 Feet 1 14 Foot Minimum Separation Between Facing Porches Page 17 of 35 (D) All sidewalks along public streets, as well as all interior paths, must comply with Chapter 1101.2 of the City's Building Code and the Texas Accessibility Standards, when required. 6C -14. Heating and Cooling Equipment Noise and Screening. (A) Heating and cooling equipment must be located behind the primary structure or be screened from view by fencing or landscape hedging, which may not exceed the height of the cooling unit. (B) Fence screening for heating and cooling units must be consistent with the requirements of Section 6C -18. 6C -15. Driveways. (A) Driveway Design. Incorporating pervious surface construction materials in the design of driveways and parking areas in a Cottage Housing Development will not count towards the 65% maximum impervious surface coverage allowance on a site. (1) Private Driveways. (a) The maximum driveway width on a platted cottage unit lot is 10 feet for individual cottage unit lots with a single car garage, and 18 feet for cottage unit lots with two -car garages. (b) Access to private driveways on a cottage unit lot must be made via a private alley or private drive. (c) Tandem parking is permitted in the rear yard of a platted cottage unit lot, provided that the minimum length of the Public Copy of Cottage Housing District Ordinance Page 18 of 35 driveway is 25 feet, or 15 feet if the driveway serves a private garage on the cottage unit lot. (d) Where tandem parking is utilized, no vehicle may obstruct, overhang, or be located in a private or public alley, right -of -way, pedestrian path, walkway, or sidewalk. (2) Common Drives and Driveways. (a) The minimum common driveway access width within all Cottage Housing Developments must be at least 20 feet wide. (b) All other driveway dimensions for the project must be in compliance with the City of Corpus Christi's Manual of Driveway Design and Construction Standards. 6C -16. Parking Standards. (A) Provided Parking. Parking within all Cottage Housing Developments may be provided by private garages located on each individually platted cottage unit lot, through clustered parking (preferably covered), or a combination of both to meet the minimum parking requirements of the development, and must be provided as follows: (1) Parking for the Cottage Housing Development must be located on the Cottage Housing Development property. (2) Off - street common parking must be located and designed to be less visible from frontage streets than the cottage units themselves. Off- Street common and private parking and garages must be set back a minimum of 20 feet from public street frontage (3) Public Copy of Cottage Housing District Ordinance Page 19 of 35 (4) Off - street common parking must be clustered either off of an alley or a private driveway with not more than 5 abutting spaces. (5) Common parking lots and garages may not be located between the Cottage Housing Development and the primary street frontage. (6) Parking may be in or under a structure, or outside a structure, provided that parking is screened from direct street view by garage doors, or by solid landscaped screening (Figure 6). Fiqure 6. Required Vehicular /Parking Area Screening. (9) Solid- surfaced fencing for vehicular and garage screening is not permitted as an architectural .screen unless approved under the fence standards of Section 6C -18. Off - street common parking Tots designed so that "first flush" is captured and infiltrated on -site using low impact development techniques will not count towards the 65% maximum impervious surface coverage allowance on a site. Such techniques include directing flow to a pervious concrete or gravel section of the lot, an adjacent vegetated area, vegetated swale, underground storage container, rain garden, or other infiltration -based or retention -based technique designed and sized in accordance with, and acceptable under the City's BMP Manual. Off - street common parking outside a structure (i.e. unenclosed carport or open parking) may not be located between cottage units to ensure homeowner privacy. If, however, the parking is in an enclosed structure, it may be located between a community center and a cottage unit, or 2 cottage units. Public Cony of Cottage Housing District Ordinance Page 20 of 35 (10) Parking is not permitted in any front yard, or in any front street yard setback along a public street. (B) Required Number of Parking Spaces. Vehicle parking is required on the Cottage Housing Development site as follows: (1) An average of 1.25 parking spaces per unit is required, rounded up to the next whole number, for dwellings that do not exceed 1,000 square feet and are part of a site located within 1,500 feet of a transit stop. (2) One and a half parking spaces per unit is required, rounded up to the next whole number, for dwellings that are at least 1,000 square feet and up to 1,400 square feet, and are part of a site located within 1,500 feet of a transit stop. (3) A minimum of 2 parking spaces per unit is required for dwellings that do not meet the basic criteria of Section 6C- 16(B)(1) and (2) above. (4) In all cases, a maximum of 2 spaces per unit is permitted. (5) Guest parking must be located on site and /or along improved street frontage adjacent to the subject property to equal 0.5 guest parking spaces per cottage dwelling unit. (6) Guest parking may be clustered with resident parking; however, the spaces must include clear signage identifying them as reserved for visitors. If on- street public parking is available adjacent to the site, the number of available guest parking spaces required under this section may be reduced by the number of public on- street parking spaces available. (7) 6C -17. Garages. (A) Private single and 2 car attached and detached garages are permitted on individually platted cottage unit lots, provided that each private garage: (1) Must be served by a private alley or private driveway; (2) (3) Must be located behind the principal structure; May not exceed 49% of the total cottage unit square footage on an individual lot; Pull Cnnv of Cottane Housing District Ordinance Page2l of35 (4) Must be included in the total 75% maximum allowable impervious coverage on the cottage unit lot; May not be located in a street side lot line (i.e. between a public street and a cottage unit); and (6) May not be located any closer than 3 feet from a common private drive or alley. (B) Private garages on individual cottage lots may be connected by an open breezeway, provided that the garage is located in a rear yard. (C) Common garage structures are prohibited within 20 feet of a public street. (5) (D) The design of privately owned or common garage or carport, including roof lines, must be similar to, and compatible with, that of the cottage units within the Cottage Housing Development, and the color scheme must adhere to the submitted color palette for the Cottage Housing Development. (E) A pitched roof design must be provided for all private garages on an individual cottage unit lot. (F) Garage door designs within the "AT" and "B -2A" zoning districts must incorporate a surface compatible with the design of the cottage units. (G) Garages may not be constructed or converted to a guest house, residential living space, or commercial or home business use. 6C -18. Fences. (A) Interior front and side yard fencing. All fencing on individual cottage unit lots located in any front or side yard forward of the back wall of the cottage facade, may not be more than 48 inches in height. (1) Front fencing must be picket, split rail, iron, or any decorative fencing design outlined under Section 6C- 18(B)(2) below. (2) Wire and chain -link fencing and walls constructed across the front of the Cottage Housing Development site or in front of individual cottage unit lots are prohibited, with the exception of low stone walls no higher than 3 feet, if a part of the developers design scheme for the project. Public Cony of Cottage Housing District Ordinance Page 22 of 35 (B) Rear yard fencing. Provided that fencing is not constructed any closer to the front of a cottage unit lot than the rear facade or back wall of the cottage unit, fencing may be constructed along the side and rear side yard property line of a cottage unit lot as follows: (1) The height of the fencing constructed along a rear or rear -side property line may not exceed 6 feet in height. (2) Fencing in a Cottage Housing Development in the rear or rear - side yard may be: (a) Solid vinyl picket design fencing, or a non - solid, alternating picket -style wood, or vinyl picket fencing, provided it is not in conflict with the Island Overlay District and the requirements of Zoning Code Section 13A- 11.03(A) for vinyl material usage; or (b) Solid wood picket design fencing; or (c) Natural split rail fencing. (C) Fencing may not be placed in a right -of -way. (D) Fencing is prohibited in rear or rear -side yards of cottage unit lots if it is determined that fire vehicular or equipment access requirements preclude the construction of fencing due to obstruction of the required access. (E) Fencing may not be located within, or obscure the visibility triangle of, any driveway or right -of -way within the Cottage Housing Development. (F) When a Cottage Housing Development is located adjacent to a developed lot, a screening fence up to 6 feet in height must be provided along property lines as a visual buffer, and constructed in accordance with Section 6C- 18(B)(2) above. (G) Fencing is not required when the Cottage Housing Development is located adjacent to Tots that have been developed for single - family and multiple - family residential uses. (H) Fencing is required when the Cottage Housing Development is located adjacent to oil and gas wells or telecommunication facilities or structures. (I) Fencing as a visual buffer between Cottage Housing Developments and adjacent undeveloped, vacant Tots is not required. Public Copy of Cottage Housing District Ordinance Page 23 of 35 6C -19. Accessory Uses and Structures. (A) Accessory dwelling units are not permitted within a Cottage Housing Development. (B) With the exception of community buildings, private garages, or storage structures provided by the developer under Section 6C -19(C) below, accessory structures are not permitted on individual cottage unit Tots. (C) If a private garage is not provided on an individual cottage unit lot, the developer of a Cottage Housing Development must provide a storage structure on each of the cottage unit Tots where a garage is not present, for the storage of tools, and other personal items belonging to the cottage unit owner. (1) The size of the storage structure must be included in, and may not exceed, the 75% maximum impervious lot area allowance for each cottage unit lot as determined under Section 6C -6. (2) The dimensions of a storage unit on a cottage unit lot may not exceed 25 square feet, and must be designed to be compatible with design and color palette of the cottage unit onsite. Storage units may also be incorporated into a cottage unit, common garage, or community center design onsite, and must be constructed of wood or Hardyplank, unless the storage units are constructed inside a common garage or community building. (D) An elevated deck up to 3 feet in height is permitted within the rear yard of a private cottage lot and in the common open space areas, and is not required to be included in the 75% maximum impervious lot area allowance for each cottage unit lot. (3) 6C -20 Landscaping Requirements. (A) Landscaping. Cottage Housing Developments must be designed to incorporate existing trees and palms to the greatest extent possible. New trees and plants must be planted to meet the landscape material requirements of the City's Landscaping Code point requirements, and must be located: (1) To create amenities in the common open space and private open space; (2) To provide shade where appropriate; (3) To create separation between buildings when desired; and rnnaon Nnncino nistrict Ordinance Page 24 of 35 (4) To screen and soften the perimeter of parking areas and street facing sides of Cottage Housing Developments. (B) Landscape Plan Design Requirements. When landscaping is required in accordance with the City's Landscaping Ordinance, Article 27B, the required landscaping plan must be submitted concurrently with the site plan and, in addition to the requirements listed under Section 27B -11, must detail, illustrate, and show, the following: (1) Required use of native plant species and xeriscape (drought tolerant) landscaping; and (2) Plants with similar watering needs grouped together by watering zones shown on the landscape plan, with plants having higher watering requirements located in the shade, or located next to or in close proximity to the outflow route of alternative sources of water, such as downspouts, rain barrels, or other rainwater catch systems; and Landscaping for the entire development, if a Cottage Housing Development is within the "AT" and /or "B -2A" Districts, and that it meets the standards for new development under Section 27B- 3.01(B) of the City's Landscaping Ordinance, when the Cottage Housing Development is proposed for commercial/ tourist and single - family residential uses. (C) Irrigation. When irrigation is required in accordance with the City's Landscaping Ordinance, Cottage Housing Development underground irrigation systems must: (1) Be designed with rain sensor shut -off device and a water controller that can be programmed for varying run times in different zones, and are programmable for varying days for irrigation; (2) Include irrigation construction plans with a "water use budget ", that is available to the Home Owner's Association and outlines the watering zones, the precipitation rates for the plants in each zone, the gallons per minute required for each zone, and the location of the emergency shut -off valve; and (3) Meet the requirements of the City's Plumbing Codes. (3) P„ht;c Cony of Cottage Housing District Ordinance Page 25 of 35 6C -21. Additional Requirements and Standards. (A) Emergency Access. (1) If common drives within a Cottage Housing Development are not designed to provide an "in and out" through -way, and instead create dead -ends, and the common drive exceeds 150 feet in length, an emergency vehicle turnaround area must be provided. (2) All common drives proposed for use by emergency vehicles within the Cottage Housing Development must be at least 20 feet in width. (3) All cottage units within a Cottage Housing Development must be designed and situated onsite to meet the "hose -lay length" requirements of the City's Fire Department Codes. (B) Off - Street Loading Requirements. There are no off- street loading requirements in a Cottage Housing Development. (C) Trash. Trash receptacles for a Cottage Housing Development must be provided. Trash receptacles may be either an individual container for each cottage unit or a communal trash receptacle system . (1) All communal trash receptacles on -site must be screened from public view by a painted solid or alternating plank/picket fence or vinyl picket fence, with double door fronts. (2) All trash collection receptacles must be made accessible by trash collecting vehicles. Public Copy of Cottage Housing District Ordinance (Figure 7). Paths & sidewalks connect parking to each unit & each unit to the common open space. ALLEY Clustered Parking off alley, preferrably covered common garages, no mote than 5 consecutive spaces in a row. Min. 20 Foot Clearance Sq. Ft. cottage wfgarage 8 Foot Min. Building Separation 20 Ft. Min. Sq. Ft. cottage w ?garage cottage wfgarage Sq. Ft. 1000 Sq. Ft. Sq. Ft. ALLEY Public copy of Cottage Housing District Ordinance Page 26 of 35 ewalk Req. 25% of units may be 1400 sq. ft. or less 14 Ft. Min. Spacing between facing porches 75% of units must be 1200 sq. ft. or Tess. Page 27 of 35 Appendix A. Examples of Established Cottage Housing Development Exteriors. (Courtesy of Ross Chapin Architects and The Cottage Company /www.cottagecompany.com) Public copy of Cottage Housing District Ordinance Page 28 of 35 Appendix B. Examples of Established Cottage Housing Development Interiors. (Courtesy of Ross Chapin Architects and The Cottage Company /www.cottagecompanv.com) Public copy of Cottage Housing District Ordinance Page 29 of 35 SECTION 3. That Section 6B -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 6B -2 Use Regulations. * (11) Cottage Housing Development. SECTION 4. That Section 7 -2, Corpus Christi Zoning Ordinance, is amended by addition Cottage Housing Development as a permitted use, to read as follows: Section 7 -2 Use Regulations. * * * (6) Cottage Housing Development. SECTION 5. That Section 8 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 8 -2 Use Regulations. * (9) Cottage Housing Development. SECTION 6. That Section 8A -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 8A -2 Use Regulations. * * * * * (18) Cottage Housing Development. * * * * * SECTION 7. That Section 9 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 9 -2 Use Regulations. * (14) Cottage Housing Development. * n,.t.t:.. r,.......F r^..f+.,., u,,,,c;rta Tlictrirt Ordinance * * * * Page 30 of 35 SECTION 8. That Section 10 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 10 -2 Use Regulations. * * * (10) Cottage Housing Development for commercial/ tourist rental and single- family residential detached uses only, excluding town-home, duplex, triplex, condominium, and multiple - family residential uses. * * SECTION 9. That Section 11 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 11 -2 Use Regulations. * (18) Cottage Housing Development. * SECTION 10. That Section 12 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 12 -2 Use Regulations. * (15) Cottage Housing Development. * * * * * * * SECTION 11. That Section 12A -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 12A -2 Use Regulations. * * * * (17) Cottage Housing Development. * DnV.lir Cr,,,, . of Cnrrave Housing District Ordinance * * Page 31 of 35 SECTION 12. That Section 13 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 13 -2 Use Regulations. (31) Cottage Housing Development for commercial/ tourist rental and single- family residential detached uses only, excluding town -home, duplex, triplex, condominium, and multiple - family residential uses. * SECTION 13. That Section 14 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 14 -2 Use Regulations. * (21) Cottage Housing Development. * * * * * * * SECTION 14. That Section 14A -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 14A -2 Use Regulations. * * * * (38) Cottage Housing Development. * * * * SECTION 15. That Section 16 -2, Corpus Christi Zoning Ordinance, is amended by adding Cottage Housing Development as a permitted use, to read as follows: Section 16 -2 Use Regulations. (28) Cottage Housing Development. SECTION 16. That Section 24 -1, Corpus Christi Zoning Ordinance, is revised by reformatting the table; and by adding the new "CH" district, to read as follows: Public Cony of Cottage Housing District Ordinance Page 32 of 35 ARTICLE 24. HEIGHT, AREA AND BULK REQUIREMENTS Section 24 -1 Height, area and bulk requirements for various districts shall be as indicated in the chart below together with other hei•ht area and bulk requirements contained in Article 27 as .ro .riate zonin• districts and other such articles contained in this ordinance. Article District Min. Lot Area Min Max. Min. Min. Side & Rear Open Max. No. of Max. Sg. Ft. Floor Area der Acre of Lot Space Units Per Height in Front Req. of Lot Width Acre / Feet / Yard Yard Total Floor Area Stories Depth Lot Area Sq. Ft. Factor 4A "F -R" 5 acres None None None None None None / 0 None Farm -Rural 4B 4C "RE" 1 acre, 150' 50' 35' / 3 35' / 3 50' 25' 25' 5' None 1 / 0 2.90 / 0 None Residential 43,560 None None Estate 15,000 One - family Dwelling 5 "R-1A" 10.000 85' 35' / 3 25' See Note 1 See Note 1 30% 4.36 / 0 None One - family Dwelling 6 "R -1 B" 6,000 5(Y 35' / 3 25' 5' 30% 7.26 / 0 None One - family Dwelling 6A "R -1 C" 4.500 45' 26' / 2 20' 5' 30% 9.68 / 0 None One - family Dwelling 6B "R -TH" 3.600 30' 26' / 2 20' 5' 25% 12.10 / .5 21,780 Townhouse See Note 2 See Note 3 Dwelling See Note 3 6C "CH" Cottage Housing District (Single - Family Dwelling) - See Article 6C 7 "R -2" Multiple 50' 45' / 3 20' 5' (1 & 2 Family) 10', plus 5' for 40% 14.52 / .5 21,780 6,000 each additional Dwelling (Townhomes) story for 3+ family 7A "T -1A ", "T -1B ", "T -1C" Travel Trailers & Manufactured Homes - See Article 7A 8 "A-1" 6.000 50' 45' / 3 5' (1 & 2 Family) 35% 21.78 / 21.780 10', plus 5' for Apartment 20' each additional story for 3+ family .5 House 8A "A -1A" 6,000 50' 60' / 4 5' (1 & 2 Family) o 30% 29.04 / 28,314 10',plus 5' for Apartment 20' each additional .65 House story for 3+ family 9 "A_2" 6,000 50' 60' / 4 See & 2 Family) 30% 36.30 / 34.949 ..5.'__(1 10', plus 5' for 20' each additional story (3+ family), not to exceed 30'. Apartment Sec. 9-5 .8 House 10 "AT" 5.000 50' None 5' Padre or 25% 8.72 43,560 Mustang Barrier Island (1- family ) 10' (1 & 2 Family) 43.56 10,000 85' 20' elsewhere Apartment- 10', plus 5' for each 10% Tourist additional story (3 + family), not to exceed 30'. Public Copy of Cottage Housing District Ordinance Page 33 of 35 Article District Min. Area Min. Lot Width Max. Min. Min. Side & Rear Open Max. No. of Max. Ss_Ft• Floor Space Units Per Req. of Height in Front Area or Acre of Lot Acre 1 Floor Total Yard Feet / Yard Stories Depth Area Factor Lot Area Sq. Ft. 11 "AB„ 6,000 50' for 45' / 3 20' 10' 30% for 36.30 for 34,848 for DUs, DUs, for DUs, DUs, 65.340 for others DUs, none Professional See Sec. none for none for none for for others Office 11 -5 others others others 12 "B -1" 6,000 50' for 35 ' / 3 20' ' f DU for 10or s, 30% for 36.30 for 34,848 for DUs, DUs, for DUs, DUs, none for others DUs, none Other . None for Neighborhood 10% for none for for others See Sec. 12 -5 others Business others others 12A "B -1A" 6,000 50' for 36'. or 26' 20' None, except next ° 25 /o See Note 4 26 140 DUs, none for if adjacent to residential district to residential for DUs, Neighborhood others. requires 10' side, none for Business See Sec. 12A -7 15' rear others 13 "B -2A" 6,000 50' for None 20' See Sec. 10' for DUs, for 25% for 43.56 for 43,560 for DUs DUs, for DUs, none for DUs, none for DUs, none er See Sec. other Sec none for Barrier Island none for for others /1.0 13 -5 Business 13 -5.01 others others others others 13A. "10" Island Overlay - See Article 13A 14 "B -2" 6.000 50' for None 20' 10' for DUs, for 25% for None None DUs, DUs, for DUs, none for others Other See Sec. Bayfront none for none for 14 5 Business others others 15 "B -3" None None None 20' See Sec. 15 -5 None None None Business 16 "B-4" 6 000 y 50' for None 20' 10' for DUs, none 30% for 36.30 for 34,848 for DUs, DUs, DUs, for DUs, none for others DUs, none none for General none for for others. none for or others others Business others 17 "B -5" None None None None See Sec. 17 -5 None None None Primary Business 18 "B -6" None Primary Business Core 19 C61.1 If None None None See Sec. 19 -4.01 See Sec. 19 -4.02 50% Limited Industrial 20 "1 -2" None None See Sec. 20' See Sec. 20 -6 None None None Light Industrial 20-6.03 21 "1 -3" None None e 20' See Sec. 21 -6 None None None Heavy 21-6 03' Industrial Note 1 In the " District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R-1B" District as Note 2 minimu requirements. Lot area may be reduced to 3,300 square feet provided requirements outlined in Article 6B -6.03 are complied with. Note 3 Lot 11 (4,942.77 square feet) and Lot 27 (4988.27 square feet), Block 1, La Concha Estates, platted before annexation proceedings for 1 family dwelling pursuant to §§ 43.002 and 245.002 TX. Loc. Gov. Code. Note 4 began, are grandfathered With or higher access: 36 units per acre: otherwise 14.52 units_per acre / Floor Area Factor: with collector or higher access: arterial from a local street: 0.3 0.5: exclusive access * Page 34 of 35 SECTION 17. That the Corpus Christi Zoning Ordinance, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 18. That to the extent that this amendment to the Corpus Christi Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Corpus Christi Zoning Ordinance, as amended by this ordinance. SECTION 19. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 20. 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 may 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 21. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning Ordinance. SECTION 22. 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 23. This Ordinance shall take effect upon and after publication of this Ordinance. (Execution on Following Page) n..t.t:.. �,..,., of fhttave T- Tnttsina District Ordinance Page 35 of 35 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Mark Scott Larry Elizondo, Sr. Brent Chesney Chris Adler That the foregoing day of Joe Adame Mark Scott Larry Elizondo, Sr. Brent Chesney Chris Adler Priscilla G. Leal John E. Marez Nelda Martinez Kevin Kieschnick ordinance was read for the second time and passed finally on this the , 2010, by the following vote: PASSED AND APPROVED this the ATTEST: Priscilla G. Leal John E. Marez Nelda Martinez Kevin Kieschnick Armando Chapa City Secretary day of , 2010. Joe Adame Mayor APPROVED: /5 day of —7624 u/1 c/ , 2010: eborah Walther Brown Assistant City Attorney For City Attorney Public Copy of Cottage Housing District Ordinance ^ 4t 1m N j�iy C „ 'r22 I V N ,� pA PP • V � � v ^ V v-o .E1 0 N 4t (1) X10 ^ z 71 O V 4 N • O cn 0 V V cn V • V O 1' v'S O V 0 al cn N co 0 'a) E w au o ta 4� (1) b 4u t10 X10 �, . 1 ° N 0 Z 4-i V V .S' � Cl) .al "a = :44 4(12 v.° 4_, a) .- e ci) O V t10 i.) tu c.) z 4 4.) V -I—) "F E • z c)_, cL, ct . 4_, .� ti A V c.) .. 4� 7 4_, e-- 0-1 tu tu tu 4-i .. v N V v-o cL, z _� 4, a, 4 Z O tu • !- 4 r..) Fu 'c) 74u E c)-4 E E E E g•1-1 cit EEEE .1, • 1-1 • 1-1 „,„ ca � � • o 4_, • • �I ci) cid 0 0 0 V •'- 4 v) c� x O � c).4 to O ci z (1) o t) � O E cit � V � • Lf) O vi15 O z •� ort a u V Cli cn 4 V O O C1-4 u E u CLi V Ov7(? ‘7( ,;)p O c.) u E 1 75 . 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Planning Commission & Staff Recommendation (March 3, 2010) Approval of the applicant's request for a change in zoning to the "B-1A" Neighborhood Business District. Requested Council Action: Approval of Planning Commission and Staffs Recommendation Summary: Request: The applicant is requesting a change of zoning on a 3.91 acre tract of land from the "R -1B" One - Family Dwelling District and "A -1" Apartment House District to the `B -1A" Neighborhood Business District to develop a 3,000 square foot Adult Day Care Center and Medical Clinic. Existing Land Uses: The subject property is currently vacant. Existing Zoning: The southern portion of the subject property is zoned as an "R -1B" One - Family Dwelling District. The "R -1B" District allows for single - family residential, churches, public and non- profit private schools, home occupations, public parks, playgrounds, and child care homes. It does not provide for an Adult Day Care Center or Medical Clinic use. This District requires a minimum lot area of 6,000 square feet, with a 25 foot building setback from the street right -of -way lines. Five foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires a 25 foot side and rear yard setback, except where the side or rear yard is located adjacent to an office, commercial, or industrial district, in which case the depth of those yards must be five feet. The "R -1B" District permits a residential density of 7.26 units per acre, with a maximum building height of 35 feet, or three stories. The northern of the property is zoned as an "A -1" Apartment House District. The purpose of the "A -1" Apartment House District is to provide for medium - density, multiple - family residences and is usable for construction of garden -type apartments in appropriate locations, or for the conversion of existing dwellings to apartments in older sections of the city. Dwelling structures within the "A -1" District are limited to 45 feet (or 3 stories), and require a 20 -foot front yard setback and a five foot side and rear yard setback for one or two- family dwelling structures. The side and rear yards setbacks increase by five feet for each additional story and for three or more family dwelling structures. Proposed Zoning: The applicant is requesting a change in zoning to the `B -1A" Neighborhood Business District, which provides primarily for retail shopping, personal service and office uses for a single lot or multi -lot development to serve the needs of a residential neighborhood. This district also allows for Adult Day Care Centers and Clinics. This district has a maximum height requirement of 36 feet, unless the subject property is located adjacent to a residential property (in this case to the north, east, and south), in which case there is a maximum Agenda Memo Case No. 0310 -02 (Dominican Sisters of Thomas Aquino) Page- 2 - height limitation of 26 feet. The "B-1A" district requires a minimum front yard depth of 20 feet and a 10 foot side yard and 15 foot rear yard setback when adjacent to a residential district. Cttt'de2, Juan Perales,:Jr., P.E., Assistant City Manager, Departments of Engineering and Development Services Email: johnnyp @cctexas.com Phone: 361- 826 -3828 FGM/ej Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) Senior Planner H:\PLN -DIR \SHARED \I. Planning Commission \2010 CC \Mar. 2010Uvlarch 23rd\AGENDAMEMO 0310 -02 Dominican Sisters.doc CITY COUNCIL ZONING REPORT Case No.: 0310 -02. h 3 2010 r►anning uommission nearing Date. iviaiu , Applicant & Legal Descri s tion Applicant: Dominican Sisters of Thomas Aquino Owner: Dominican Sisters of Thomas Aquino Representative: Ricardo Rodriquez Address: 12201 Hearn Road, Corpus Christi, TX Legal Description/Location: A 3.91 acre tract of land located in HEARN TRACT, BLOCK 3, LOT 1, generally located on the corner of Callicoate Road (FM RD 1694) and Hearn Road, at 12201 Hearn Road. Zoning Request From: "R-1B" One - Family Dwelling District / "A -1" Apartment House District To: `B -1A" Neighborhood Business District Area: 3.91 Acres Purpose of Request: The Applicant is requesting a change in zoning from the "R -1B" One - Family Dwelling District and "A -1" Apartment House District to the `B -1A" Neighborhood Business District to develop a 3,000 square foot Adult Day Care Center and Medical Clinic. Zoning Existing Land Use Future Land Use Site "R -1B" One - Family Dwelling District, "A -1" Apartment House District Vacant Commercial North "R -1B" One - Family Dwelling District Low- density Residential / Public/Semi-Public / Vacant Low - density Residential / Commercial East "R -1B" One - Family Dwelling District, "F -R" Farm -Rural District Low - density Residential Low - density Residential South "R -1B" One - Family Dwelling District, "F -R" Farm -Rural District Low - density Residential Low- density Residential / Commercial West "I -3" Heavy Industrial District Heavy Industrial Commercial ADP, Map & Violations Area Development Plan: This tract of land is located in the Northwest Area Development Plan and is planned for Office and Light - Commercial uses. The requested "B-1A" Neighborhood Business District zoning is consistent with the ADP and the adopted Future Land Use Map which also designates the area as being planned for Commercial uses. Map No.: 064050 Zoning Violations: None STAFF SUMMARY Request: The applicant is requesting a change of zoning on a 3.91 acre tract of land from the Zoning Report Page 2 Applicant: Dominican Sisters of Thomas Aquino Case #: 0310 -02 "R -1B" One - Family Dwelling District and "A -1" Apartment House District to the `B -1A" Neighborhood Business District to develop a 3,000 square foot Adult Day Care Center and Medical Clinic. Existing Land Uses: The subject property is currently vacant. Existing Zoning: The southern portion of the subject property is zoned as an "R -1B" One- Family Dwelling District. The "R -1B" District allows for single - family residential, churches, public and non - profit private schools, home occupations, public parks, playgrounds, and child care homes. It does not provide for an Adult Day Care Center or Medical Clinic use. This District requires a minimum lot area of 6,000 square feet, with a 25 foot building setback from the street right -of -way lines. Five foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires a 25 foot side and rear yard setback, except where the side or rear yard is located adjacent to an office, commercial, or industrial district, in which case the depth of those yards must be five feet. The "R -1B" District permits a residential density of 7.26 units per acre, with a maximum building height of 35 feet, or three stories. The northern of the property is zoned as an "A -1" Apartment House District. The purpose of the "A -1" Apartment House District is to provide for medium- density, multiple - family residences and is usable for construction of garden -type apartments in appropriate locations, or for the conversion of existing dwellings to apartments in older sections of the city. Dwelling structures within the "A -1" District are limited to 45 feet (or 3 stories), and require a 20 -foot front yard setback and a five foot side and rear yard setback for one or two - family dwelling structures. The side and rear yards setbacks increase by five feet for each additional story and for three or more family dwelling structures. Proposed Zoning: The applicant is requesting a change in zoning to the `B -1A" Neighborhood Business District, which provides primarily for retail shopping, personal service and office uses for a single lot or multi -lot development to serve the needs of a residential neighborhood. This district also allows for Adult Day Care Centers and Clinics. This district has a maximum height requirement of 36 feet, unless the subject property is located adjacent to a residential property (in this case to the north, east, and south), in which case there is a maximum height limitation of 26 feet. The "B -1A" district requires a minimum front yard depth of 20 feet and a 10 foot side yard and 15 foot rear yard setback when adjacent to a residential district. Transportation and Circulation: The subject property will have access to Callicoate Road, and A2 designated Secondary Arterial right -of -way, and is currently a 76 -foot wide, two -lane right - of -way, 30 feet of which is paved. The Urban Transportation Map indicates that Callicoate Road is proposed as an A3 Primary Arterial, 130 -foot, 6 -lane right -of -way. Zoning Report Page 3 Applicant: Dominican Sisters of Thomas Aquino Case #: 0310 -02 Street R.O.W. Street Urban Transportation Plan Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2009 Callicoate Road A3 Primary Arterial, 6 -lane with median. A2 Secondary Arterial 76'/30' paved, 2 -lanes. 130'/79' 4,483 Infrastructure Demand: ••• Water: • Wastewater: ❖ Stormwater: • Gas: Public Safety: • Police: • Fire: An 8 -inch and 6 -inch water line runs parallel with Callicoate Road, a 2 -inch line runs parallel with Hearn Road. The City of Corpus Christi has an 8 inch wastewater line that runs parallel with Hearn Road. There are no stormwater lines present. The nearest stormwater connection point is located approximately 750 feet southeast of the subject property at the intersection of Hearn Road and Mountain View Drive. There is a gas line that runs parallel with Callicoate Road to the north of the subject property that terminates at the intersection of Hearn Road and Callicoate Road. The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District A40. Crime statistics indicate an increase from 401 crimes committed in 1993, to 511 crimes committed in 2005. The last year for which statistics are available is 2005. The closest Fire Station is Sta. # 2, located at 13421 Up River Road, approximately 1.6 miles from the subject property. Environmental Constraints: • Flood Zone: • Soils: .•. • Zone C, areas of minimal flooding. 100% (00 Orelia fine sandy loam • Slope: 0 to 1 percent • Drainage class: Somewhat poorly drained • Depth to water table: About 6 to 12 inches • Frequency offlooding: None • Frequency of ponding: None • Available water capacity: Moderate (about 8.1 inches) Wetlands: None AICUZ Zones: None Zoning Report Page 4 Applicant: Dominican Sisters of Thomas Aquino Case #: 0310 -02 COMPREHENSIVE PLAN CONSISTENCY: Land Use Policies: e. EXPANSION OF COMMERCIAL OR INDUSTRIAL USE INTO RESIDENTIAL AREAS MAY BE PERMITTED ONLY IF THE EXPANSION MAINTAINS OR IMPROVES THE RESIDENTIAL DESIRABILITY OF THE IMPACTED AREA. If an expansion of commercial or industrial use occurs, the relationship between residential and other land use types should be improved. Improvements should be made to vehicular access, design and location of buildings, parking areas, signs, and lighting. A buffer or open space should also be constructed between residential and intense land use types. However, this policy should not discourage the use of mix -use development in areas where commercial and residential uses are designed harmoniously. Well - planned commercial and residential activities in the same or adjacent buildings may actually enhance the quality of an area by providing needed service activities and encourage pedestrian rather than vehicular movement. Residential Policies: c. COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL AREAS SHOULD BE BUFFERED OR USE SENSITIVE IN DESIGN. Commercial development can be a great convenience adjacent to a residential neighborhood, providing goods, services, and employment within walking distance. However, care must be taken in design of commercial property to make the use compatible with adjacent residential development. Traffic from commercial areas should be routed away from residential areas. In order to protect residential areas, open space, screening fences, and landscaping should be required and loud or disruptive uses should be prohibited unless other design techniques are used to make the uses compatible. Staff Comments: The project will be evaluated during the plan review process and will need to provide buffering, additional landscaping, and light- shielding techniques for the residential uses to the north, east, and south of the subject property. Sufficient parking for the use and vehicular screening will also need to be provided. Since the proposed use is located adjacent to residential uses, the height of the structure will be limited to 26 feet, as required by the "B-1A" District regulations. Zoning Report Page 5 Applicant: Dominican Sisters of Thomas Aquino Case #: 0310 -02 AREA DEVELOPMENT PLAN (ADP) CONSISTENCY: "Northwest" ADP Land Use Policies: The expansion of business' uses along Northwest Boulevard (F.M. 624) or any other arterial street should be planned and zoned so that the traffic carrying capacity of the street is protected. 1. Professional Office /Light Commercial Uses and General Commercial Land Use Categories — Professional Office and Limited Commercial Uses are equivalent to the "AB" Professional Office and the `B -1A" Neighborhood Commercial Districts in the Zoning Ordinance. The General Commercial land use category may include uses found in the Neighborhood Commercial ( "B -1 ") or the General Commercial ( "B -4 ") zoning districts. Staff Comment: The Northwest Area Development Plan has designated the subject property as being planned for Office -Light Commercial Uses. The policy above states that Office and Light Commercial uses are defined by the Area Development Plan as being equivalent to the "AB" and `B -1A" District uses, therefore the requested rezoning to the "B -1A" Neighborhood Business District for the subject property is consistent and compatible with the Northwest Area Development Plan. Zoning Report Page 6 Applicant: Dominican Sisters of Thomas Aquino Case #: 0310 -02 RELATIONSHIP TO SMART GROWTH PRINCIPLES: (See Attachment # 8): (The Smart Growth Principles are intended to offer an alternative approach to development and should not be viewed as development mandates. Although encouraged based on their ability to improve the city's function and livability, these policies are not meant to serve as additional development requirements or regulations. Smart Growth Principles for Corpus Christi merely offer viable development options capable of effectively supporting economic development and jobs; creating strong neighborhoods with a range of housing, commercial, and traffic calming options for increasing populations and growth; and achieving healthy communities that provide families with a clean environment.) The project was rated against Smart Growth Principles and received 3 stars out of a possible 5 stars, with a total of 52 points. PLAT STATUS: The subject property is platted. DEPARTMENT COMMENTS: ❖ The proposed rezoning and use is compatible with the Area Development Plan and the adopted Future Land Use Map. Since the proposed development is located adjacent to residential uses to the north, east, and south of the subject property, the "B -1A" District regulations require that the height of proposed development be restricted to a maximum of 26 feet in height. PLANNING COMMISSION & STAFF RECOMMENDATION:. Staff recommends approval of the Applicant's request for a change in zoning to the "B -1A" Neighborhood Business District. Number of Notices Mailed: 16 within 200 foot notification area; 6outside notification area Favor — _2_ (inside notification area); _0_ (outside notification area) Opposition — _2_ (inside notification area); _0_ (outside notification area) For 28.16 % as of March 5, 2010, the case is considered controversial and the 20% rule is invoked. Attachments: 1. Site 2009 Aerial 2. Neighborhood Existing Land Use 3. Site Existing Land Use 4. Site Future Land Use 5. Site Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. Smart Growth Chart . .. CASE # 031.0 - 02...... . S.1TE -.Exis ZNG °i.. iND:;USE rye , sW !i.1�:. 2 Li ht krdu trid! -L/ r w'DFr+ .4y ► : '• -¢aar: IN. 4d`D i,si y ice:.'. 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'R-]i1 :i1mrUae 1*111 ae#Ib E Te,iiiii l .qP. • Deer Per111 Ptlrri.i, Bh rr ere.d is Md ' -1a' T1. 1 liller Mrt:i106F1 i}e :.1 ehrKY Betel WeiMn'elsl.'• :.T- 19,.YriYYrjrell Hrrle, Eve Chilpl F -R iFM 0NM•11.sFti: T15-: Yi.rINkiee,Hrn'tILrelrsr. H111.11:01 likr.iryrrt :MAW: P RSerer Yep e.-: •1 111 opl�moperty.. Olrea , iiik.liStrINIET : if 0*. 19r11e�wp. i mYN:a124e0 p11�5. aN derreieihi'OYle60. epp>a+ler.- O r COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0310 -02 Name: Dominican Sisters of Thomas Aquino I. Notices returned from WITHIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: Favor: Opposition: 16 0 2 2 (28.16 %) #14: Darrell L. Green - "Loss of privacy, security, extra noise level, property value ". II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: Returned undeliverable: 6 0 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 1 Opposition: 0 IV. Unsolicited responses received concerning subject area: Total number mailed: 0 Returned undeliverable: 0 Favor: 3 Opposition: 0 H:\PLN -DIR \SHARED \1. Planning Commission \2010 PC\2010 Public Comments \0310-02 Dominican Sisters of Thomas Aquino.doc N 0 0 0 0 O 02.0000 o c i 0 a r • m • O o O f m iO D p T m 3 00 o w z w 0 r, e. D-a -a v 1n 9 0 0 s • a O • d 7. 7. .w. .. .N. N ▪ N fit T T 8 a TO ° -_� 3 m > m a > x .N . W ER Z 7 • O) 7 d m 3 1 7 n m p 7 • 3 • Y O W O I a N 7 to R. y O O O n W A N N N 0 0 0 0 0 .r 01 r W Oa Q r r r a co O O -0 '0 0 0 3 - a a a N 1 . ca ca a) N 0 1v W 0 0 0 0 0 000000 0 D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z� C C 'C C C N 21,372,3,32:1 t9i1 C C C C C C C C C C C C C 0 w m N w to w to In n to to to to In to O O 0 0 0 0 0 n n s n n n n n n* 7 S S ? s 7 S x 7. x x x x x x z N. N. 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The Smart Growth Principles are intended to offer an alternative approach to development and should not be viewed as development mandates. Although encouraged based on their ability to improve the city's function and livability, these principles are not meant to serve as additional development requirements or regulations. Smart Growth Principles for Corpus Christi merely offer viable development options capable of effectively supporting economic development and jobs; creating strong neighborhoods with a range of housing, commercial, and traffic calming d wth • d hievin health communities that provide families with a clean environment. options 101 increasing populations an gro , an ac g y Zoning Case:_ #0310 -02 Dominican Sisters of Thomas Aquino From: _ "R- lB /A -1" To _ "B -lA "_ Will the re . uest • romote develo I ment that fosters the followin . ? Answer Pts. Weight Score 1. Mix land uses. 11 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood - serving retail/service? 2 uses added 1 use added 2 1 x 3 9 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 x 2 0 No 0 Project is mixed use (any combination of housing, retail, office, commercial, public buildings, etc.) 4 + uses 3 + uses 3 2 x2 2 2 + uses 1 2. Takes advantage of compact building design. 2 Utilizes reduced setbacks and/or compact development that supports more Yes 1 stores and restaurants within a neighborhood boundary, or creates opportunities to pursue a range of activities in a small area? No 0 x 3 0 Manages and effectively provides a transition between higher and lower - density Yes 1 x 2 2 neighborhoods? No 0 3. Creates a range of housing opportunities and choices. 0 Implements a range of housing options with a variety of types and unit sizes Yes 1 x 3 0 within the community? (condos, townhomes, single - family, apartments) No 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed - income developments and/or low- income Yes 1 x 3 0 homeowners and individuals to reduce building costs and uses available resources more effectively? No 0 The project promotes development (residential, commercial, office) with a wide Yes 1 x 3 0 range in pricing available for varying income levels for sale or lease? No 0 4. Creates walkable neighborhoods. 3 Promotes development close to schools, corner stores, dry cleaners, restaurants, Yes 1 and other services that promotes walkable communities and reduces long- distance commutes? No 0 x 3 0 Will incorporate sidewalks or a bike or pedestrian path into the final Yes 1 x 3 3 development or connects to existing sidewalks? No 0 Promotes development so children are close enough to walk to school? Yes 1 x 2 0 No 0 5. Fosters distinctive, attractive communities with a strong sense of place. 2 The building is an existing building that is historic in any way, or provides Yes 1 x 2 0 focus on a historical, cultural, or natural attributes? No 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Yes No 1 0 x 2 2 Development Plan, the Future Land Use Map, and/or Comprehensive Plan? Promotes shopping and makes retail centers distinctive and attractive Yes 1 x 3 0 destinations and gathering places where residents frequent on the weekends? No 0 Revitalizes the waterfront, beach, or bay areas? Yes 1 x 3 0 No 0 Does the project remove blight from its neighborhood? Yes 1 x 3 0 No 0 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 3 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these Yes 1 x 4 0 areas; utilizes land management techniques, to decrease the amount of pollution entering the water system and preserve wildlife habitats? No 0 Does the project implement green building techniques or standards for reducing Yes 1 x 3 0 environmental impacts? No 0 Supports tree preservation onsite and /or provides adequate tree landscaping (at a Yes 1 x 3 3 minimum) to replace trees being removed? No 0 Provides community green open space or includes useable green space for Yes 1 x 3 0 outdoor recreation and preserves views of scenic, historic or cultural areas? No 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 x 2 0 farmland? No 0 7. Strengthens and directs development toward existing communities. 18 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than '/4 mile 2 x 4 12 'A to '/z mile 1 'h + miles 0 Is the availability of existing public services, such as police, fire, schools and Yes 1 x 3 3 health, sufficient to serve the project? No 0 Is the project a redevelopment of an existing building or brownfield area that Yes 1 x 3 0 would make the property a productive piece of land? No 0 Will the project encourage commercial and retail investment in underserved Yes 1 x 3 3 communities? No 0 Does the project enhance the use of existing public outdoor recreation facilities Yes 1 x 2 0 or areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 Is the project in an area with declining school enrolment that threatens its Yes 1 neighborhood schools with closure or support residential use in areas with historically declining school enrollment? No 0 x 2 0 8. Provides a variety of transportation choices. 6 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 6 The project within walking distance to public transit? (Within 1,000 ft) Yes 1 x 3 0 No 0 9. Makes development decisions predictable, fair and cost effective. 7 The project is consistent with the Future Land Use Map and Comprehensive Yes 1 x 2 2 Plan? No 0 The project is consistent with the Area Development Plan? Yes 1 x 2 2 No 0 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without Yes 1 x 3 significantly decreasing the transportation levels of service for surrounding areas? No 0 Will the project design incorporate systems for reducing storm water runoff or Yes 1 x 3 0 provide onsite retention? No 0 Does project contribute to the economic vitality and diversity of the community Yes 1 or propose commercial or industrial development in areas with high unemployment or chronic poverty? No 0 x 3 0 Point Grading System: Smart Growth Rating Total Points .,,n ._ ._ - A -.L 52 L La. 0 -20 pts = * 21 -39 pts = ** 40 -59 pts = * * * 60 -79 pts = * * * * 80- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DOMINICAN SISTERS OF THOMAS AQUINO, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.91 ACRES OUT OF HEARN TRACT, BLOCK 3, LOT 1, FROM "A -1" APARTMENT HOUSE DISTRICT/ "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B -1A" 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 recommendations concerning the application of Dominican Sisters of Thomas Aquino, 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, March 2, 2010, during a meeting of the Planning Commission, and on Tuesday, March 23, 2010, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 3.91 acres out of Hearn Tract, Block 3, Lot 1, generally located on the southwest corner of the intersection of Callicoate Road (FM RD 1694) and Hearn Road, at 12201 Hearn Road, from "A -1" Apartment House District/ "R- 1 B" One - Family Dwelling District to "B -1A" Neighborhood Business District. (Zoning Map 064050) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \3 -23 -10 \CASE NO. 0310 -02 DOMINICAN SISTERS OF THOMAS AQUINO\Zoning 0310 -02- DominionSisters - HearnTract- B- 1A.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 35 -3 of the Zoning Ordinance of the City of Corpus Christi. 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 day of March, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: /J'v ,( tS °, 2010 Dobo ah Walth wn Assistant City A ney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \3 -23 -10 \CASE NO. 0310 -02 DOMINICAN SISTERS OF THOMAS AQUINO\Zoning 0310- 02- DominionSisters- HearnTract- B- 1A.doc Page 3 of 3 Corpus Christi, Texas day of , 2010 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \3 -23 -10 \CASE NO. 0310 -02 DOMINICAN SISTERS OF THOMAS AQUINO\Zoning 0310- 02- DominionSisters- HearnTract- B- 1A.doc 8!CIKH4MApp. FALLINS RIVERSIDE 4D t -3 HILL L ON;r. #1 HILL LON G #3 alt ..i µ:.l CASE # 0310 -02 PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A From: R-1B and A -1 To: B -1 A ORDINANCE: 27 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: A. Public Hearing to receive comments regarding an amendment of the FY2005 and FY2006 Consolidated Annual Action Plan to reprogram $461,604 of HOME Investment Partnerships (HOME) Program funds for Nueces County Community Action Agency (NCCAA). B. Motion authorizing the City Manager or his designee to amend the FY2005 and FY2006 Consolidated Annual Action Plan pertaining to the HOME Program for NCCAA and execute all related documents ISSUE: Since the City Council approved the FY2005 and FY2006 Consolidated Annual Action Plan, several developments have occurred necessitating staff to bring 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 funds or otherwise make adjustments in the HOME Program, the City Council must hold a public hearing and take action on the proposed amendment(s). PREVIOUS COUNCIL ACTION: The City Council adopted the FY2005 Consolidated Annual Action Plan on April 26, 2005, and the City Council adopted the FY2006 Consolidated Annual Action Plan on April 18, 2006. RECOMMENDATION: Due to project changes, Staff recommends proposed amendments to the FY2005 Consolidated Annual Action Plan and FY2006 Consolidated Annual Action Plan to reprogram $461,604 of HOME Investment Partnerships (HOME) Program funds for Nueces County Community Action Agency. Eddie Ortega Neighborhood Services Director Eddieo @cctexas.com 361.826.3234 ADDITIONAL SUPPORT MATERIAL Background Information P1 BACKGROUND INFORMATION Nueces County Community Action Agency (NCCAA) has been providing for new construction homebuyer assistance with HOME Investment Partnerships (HOME) funds for CAP Estates II since 2003. The previous purpose has served NCCAA and the community well over the years; however, there is now a different focus for NCCAA and Corpus Christi. Also, the need to change the scope of work was by and large a result in the economic down turn of new construction of affordable housing. NCCAA is proposing to construct a seven (7) unit multifamily project with accessible design to serve households at 80% or below of the area median income; however, there is a HOME program rule that states with five (5) or more HOME assisted - units, 20% of those that are served must be at 50% of area median income or Tess. For this proposed project, two (2) units must be at 50% of area median income or less. The project will consist of four (4) — two bedrooms, two baths units and three (3) — one bedroom, one bath units with accessible design features to serve persons with physical disabilities. This is an underserved population in Corpus Christi and an issue NCCAA would like to address with this project. Each rental unit will have a fully accessible entry and interior doors. The primary concentration of the accessible design will be in the bathrooms. Each unit will have a "super" bathroom to accommodate a person who is wheel chair bound. The intent of the accessible design is to improve the quality of life for a person with a physical disability or for a family member(s) who care for these individuals. The proposed project will be energy star related and incorporate green building concepts. The development will be constructed with insulated concrete form (ICF) construction, a metal energy efficient roof and incorporate energy efficient concepts such as energy star lighting fixtures and appliances and tank less water heaters. Floors will be stained concrete for durability and maintenance. An estimated 20% of the construction costs will be utilized to incorporate these measures. The intent of these construction techniques is to reduce future maintenance cost for the agency and to reduce energy consumption by the tenants. The project site is centrally located in Corpus Christi, TX at 3220 Houston Street. The property is platted as two 58' x 185' lots totally 21,192 square feet or .4865 acres. The property is zoned R -2, which allows for up to ten multifamily units. Public transportation is located across the street from the property on Kostoryz Street. The grocery store /pharmacy is (H.E.B.) less than half a block away. There is an elementary, middle and high school within less than a one mile radius of the property. The rear of the property is adjacent to a church and a large green space, Brawner Parkway. The project will be ideally located in an area with many desirable amenities. NCCAA has intentions in partnering with Accessible Housing Resources, Inc. for a management contract for the proposed rental complex. NCCAA is committed to improving the affordable housing stock in Corpus Christi for all low- moderate income households. This is an opportunity for NCCAA to address a need for a population that is often overlooked in our community. The HOME program does allow for more flexibility in terms of expenditures given the five (5) year allowance for projects to be completed. Henceforth, Staff supports the proposed amendments to the FY2005 Consolidated Annual Action Plan and FY2006 Consolidated Annual Action Plan to reprogram $461,604 of HOME Investment Partnerships (HOME) Program funds for Nueces County Community Action Agency. 28 AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE: Tuesday, March 23, 2010 TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. President Nelda Martinez calls the meeting to order 2. Secretary Armando Chapa calls roll. Board of Directors Nelda Martinez, President Chris N. Adler, Vice President Joe Adame Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Mark Scott Officers `Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer 3. Approval of the minutes of November 17, 2009 4. Approval of the financial report 5. Motion authorizing the General Manager or designee to amend the FY2005 and FY2006 HOME Investment Partnerships (HOME) project for Nueces County Community Action Agency (NCCAA) and to reprogram $461,604 of HOME funds for NCCAA. 6. Motion authorizing the General Manager or designee to accept the transfer of the interim construction loan commitment from the Corpus Christi Housing Finance Corporation (CCHFC) for the Buena Vida Senior Village project and provide the entire amount of the $475,000 Interim Construction Loan to RRAH Corpus Christi, LP for the Development of Buena Vida Senior Village. 7. Public Comment 8. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION November 17, 2009 4:57 P.M. PRESENT Board of Directors Nelda Martinez, President Chris N. Adler, Vice President Joe Adame Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez ABSENT Mark Scott Officers 'Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance Sanchez, Asst. Treasurer President Martinez called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Martinez called for the approval of the minutes from the May 26, 2009 meeting. Mr. Elizondo made a motion to approve the minutes as presented, seconded by Mr. Chesney, and passed. President Martinez called for the financial report. Assistant Treasurer Constance Sanchez referred to the summary of transactions for two months ended September 30, 2009. She stated the fund balance was $18,502,283. The Board had no questions. A motion was made, seconded, and passed to approve the financial report as presented. President Martinez introduced Item No. 5, motion authorizing the General Manager or designee to execute FY2009 Subrecipient funding agreements from the HOME Investment Partnerships (HOME) Program and all related and necessary documents. There were no questions. Secretary Chapa polled the Corporation for their votes on Item 5: 5. MOTION AUTHORIZING THE GENERAL MANAGER OR DESIGNEE TO EXECUTE FY 2009 SUBRECIPIENT FUNDING AGREEMENTS FROM THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM AND ALL RELATED AND NECESSARY DOCUMENTS. FY2009 HOME FUNDING — FOR AFFORDABLE HOUSING PROGRAMS a. Cliff Maus Village (CMV) Trust - $110,000 for a 110- unit complex located at 1458 West Point Road for Section 8 and low income residents, is requesting for additional funding for sewer re- routes for 10 housing units with 40 year old underground cast iron pipes with varying degrees of deterioration and renovations of 13 inhabitable units. Minutes — CCCIC meeting November 17, 2009 — page 2 b. Nueces County Mental Health Mental Retardation Center (NCMHMR) - $31,300 located at 1642 S. Brownlee will replace roof, refurbish fascia boards and paint exterior of the Pathways Building which provides for transitional housing for NCMHMR clients. c. TX LULAC West Park Housing, L.P. - $300,000 for additional funding for a 124 - unit multi - family rehabilitation tax credit project, with 1, 2, & 3 bedroom units for families at or below 60% of the AMI. d. Nueces County Community Action Agency — Single Family Mortgage Revolving Loan Fund (CHDO) - $130,000 to provide interim construction for three homes and upon completion of the construction then convert into permanent mortgage financing for qualified households. e. TG 110, Inc. /Samuels Place Apartments (CHDO) - $200,000 for replacement of roof and gutter system in a 60 -unit multifamily complex located at 4315 Carroll Lane benefiting a low to extremely low income property. The foregoing motion was passed and approved as follows: Martinez, Adler, Adame, Chesney Elizondo, Kieschnick and Leal voting "Aye "; Leal abstained on D; Scott absent. President Martinez opened discussion on Item 6, the appointment of CCCIC Loan Review Committee member and the following appointments were made: Javier Arroyo (Financial Institution) and Maria Clarissa Lopez (Health/Human). President Martinez called for public comment. There was none. There being no further business to come before the Board, President Martinez adjourned the meeting at 5:05 p.m. on November 17, 2009. CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET January 31,2010 ASSETS Loan Program Special Project HOME Program Fund Fund Fund Total Cash and investments 1,062,158 244,678 348,225 1,655,061 Due from U S Government/Other Fund 207,070 0 317,142 524,212 Mortgages receivable 10,349,080 0 6,171,039 16,520,119 Accrued interest receivable 0 0 0 Account receivable 0 0 0 0 Leasehold improvements (net of accumulated amortization) 0 0 0 0 Investment in property (net of accumulated depreciation) 122,689 21,047 0 143,736 Total assets 11.740,997 265,725 6,836,406 18,843,128 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 0 0 0 0 Deposits 44,000 Due to other funds 63,167 0 116,706 179,873 Total liabilities 107,167 0 116,706 179,873 Fund Balance: Reserved for mortgages 10,349,080 0 6,171,039 16,520,119 Reserved for Investments 122,689 21,047 0 143,736 Unreserved 1,162,061 244,678 548,661 1,955,400 Total fund balance 11,633,830 265,725 6,719,700 18,619,255 Total liabilities and fund balance 11.740,997 265.725 6,836,406 18,799,128 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE SIX MONTHS ENDING JANUARY 31, 2010 Loan Program Special Project HOME Program Fund Fund Fund Revenues: Total Contribution from Federal Government 0 0 504,328 504,328 Interest on loans 25,966 0 11,357 37,323 Interest on investments 343 256 14 613 Rental income 0 0 0 0 Miscellaneous 799 0 579 1,378 Total revenues 27,108 256 516,278 543,642 Expenditures: Grants 0 0 0 0 Warranty Work 0 0 0 0 Community Development administration 0 0 0 0 Loan processing 224,262 0 501,797 726,059 Accounting services 0 0 0 0 Interest expense 0 0 0 0 Miscellaneous 0 0 0 0 Accumulated amortization- 0 0 0 0 forgivable loans 0 0 0 0 leasehold improvements 0 0 0 0 Accumulated depreciation - building 3,786 0 0 3,786 Total expenditures 228,048 0 501,797 729,845 Excess of revenues over expenditures (200,940) 256 14,481 (186,203) Other financing sources(uses): Operating transfers in(out): Transfer From CDBG 0 0 0 Transfer To CDBG 0 0 0 Total other financing sources(uses) 0 0 0 0 Excess (Deficit)of revenues and other financing sources over expenditures and other uses (200,940) 256 14,481 (186,203) Fund balances at August 1, 2009 11,834,770 265,469 6,705,219 18,805,458 Fund balances at January 31, 2010 11,633,830 265,725 6,719,700 18,619,255 Memorandum TO: President Nelda Martinez and Members of the Board of the Corpus Christi Community Improvement Corporation FROM: `Angel R. Escobar, General Manager DATE: March 17, 2010 SUBJECT: Request for Meeting of the Corpus Christi Improvement Corporation (CCCIC) on March 23, 2010 1. Motion authorizing the General Manager or designee to amend the FY2005 and FY2006 HOME Investment Partnerships (HOME) project for Nueces County Community Action Agency (NCCAA) and to reprogram $461,604 of HOME funds for NCCAA. On April 26, 2005, the City Nueces County Community Action Agency (NCCAA) has been providing for new construction homebuyer assistance with HOME Investment Partnerships (HOME) funds for CAP Estates II since 2003. The previous purpose has served NCCAA and the community well over the years; however, there is now a different focus for NCCAA and Corpus Christi. Also, the need to change the scope of work was by and large a result in the economic down turn of new construction of affordable housing. NCCAA is proposing to construct a seven (7) unit multifamily project with accessible design to serve households at 80% or below of the area median income; however, there is a HOME program rule that states with five (5) or more HOME assisted - units, 20% of those that are served must be at 50% of area median income or less. For this proposed project, two (2) units must be at 50% of area median income or less. The project will consist of four (4) — two bedrooms, two baths units and three (3) — one bedroom, one bath units with accessible design features to serve persons with physical disabilities. This is an underserved population in Corpus Christi and an issue NCCAA would like to address with this project. Each rental unit will have a fully accessible entry and interior doors. The primary concentration of the accessible design will be in the bathrooms. Each unit will have a "super" bathroom to accommodate a person who is wheel chair bound. The intent of the accessible design is to improve the quality of life for a person with a physical disability or for a family member(s) who care for these individuals. The proposed project will be energy star related and incorporate green building concepts. The development will be constructed with insulated concrete form (ICF) construction, a metal energy efficient roof and incorporate energy efficient concepts such as energy star lighting fixtures and appliances and tank less water heaters. Floors will be stained concrete for durability and maintenance. An estimated 20% of the construction costs will be utilized to incorporate these measures. The intent of these construction techniques is to reduce future maintenance cost for the agency and to reduce energy consumption by the tenants. The project site is centrally located in Corpus Christi, TX at 3220 Houston Street. The property is platted as two 58' x 185' lots totally 21,192 square feet or .4865 acres. The property is zoned R -2, which allows for up to ten multifamily units. Public transportation is located across the street from the property on Kostoryz Street. The grocery store /pharmacy is (H.E.B.) less than half a block away. There is an elementary, middle and high school within less than a one mile radius of the property. The rear of the property is adjacent to a church and a large green space, Brawner Parkway. The project will be ideally located in an area with many desirable amenities. NCCAA has intentions in partnering with Accessible Housing Resources, Inc. for a management contract for the proposed rental complex. NCCAA is committed to improving the affordable housing stock in Corpus Christi for all low- moderate income households. This is an opportunity for NCCAA to address a need for a population that is often overlooked in our community. The HOME program does allow for more flexibility in terms of expenditures given the five (5) year allowance for projects to be completed. Henceforth, Staff supports the proposed amendments to the FY2005 and FY2006 HOME Investment Partnerships (HOME) project for NCCAA and to reprogram of $461,604 of HOME program funds for NCCAA and execute all related documents. 2. Motion authorizing the General Manager or designee to accept the transfer of the interim construction loan commitment from the Corpus Christi Housing Finance Corporation (CCHFC) for the Buena Vida Senior Village project and provide the entire amount of the $475,000 Interim Construction Loan to RRAH Corpus Christi, LP for the Development of Buena Vida Senior Village. On July 15, 2008, the Board of Directors of the CCCIC authorized a loan commitment to RRAH Corpus Christi, LP in the amount of $237,000 in order to provide an interim construction loan for the Buena Vida Senior Village project. The Buena Vida project will create 100 new senior apartment units and a 3,500 square - foot club house at 4650 Old Brownsville Road. The total project cost is $9.2 million, and under the program requirements of the Texas Housing and Community Development (TDHCA) the developer needed $475,000 in local funding support in the form of an interim construction loan for no longer than two years. The remaining $238,000 portion of the interim construction loan needed for the Buena Vida project was approved by the Corpus Christi Housing Finance Corporation (CCHFC) at a later meeting on August 19, 2008. The loan commitment terms provide that the loan will bear interest at a rate equal to the Applicable Federal Rate announced by the Internal Revenue Service and will be secured by a subordinate lien against the property. Due to the decline in the national economy, the demand for tax credits changed drastically and the federal government has restructured its low- income housing tax credit program providing additional options for the financing of needed projects. The developer, RRAH Corpus Christi, LP, and the TDHCA have finalized arrangements under the new funding options and are ready to proceed with construction of the new Buena Vida Senior Village on Old Brownsville Road. Since the original approval of these loans by the CCCIC and the CCHFC in 2008, the CCCIC has identified additional funds available for making this interim construction loan. A need also has been identified for the use of CCHFC funds to finance the acquisition and development of the Ward Building Parking lot in downtown Corpus Christi. In order for both projects to proceed efficiently, the CCCIC has been requested to make the full amount of the required loan for the Buena Vida Senior Village Project, and the CCHFC will make the full amount of the required loan for the Ward Building Parking lot project. Approval is requested from the Board of Directors of the CCCIC authorizing the General Manager or designee to accept the transfer of the interim construction loan commitment from the Corpus Christi Housing Finance Corporation for the Buena Vida Senior Village project and provide the entire amount of the $475,000 interim construction loan to RRAH Corpus Christi, LP for the development of Buena Vida Senior Village. 29 AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION REGULAR MEETING DATE: Tuesday, March 23, 2010 TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call meeting to order 2. Secretary Armando Chapa calls roll Board of Directors John E. Marez, President Kevin Kieschnick, Vice President Joe Adame Brent Chesney Larry Elizondo, Sr. Chris Adler Priscilla Leal Nelda Martinez Mark Scott Officers 'Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Assistant Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, AssistantTreasurer 3. Approval of the minutes May 26, 2009 4. Approval of the financial report 5. Motion authorizing the transfer of the loan commitment to RRAH Corpus Christi, LP for the Buena Vida Senior Village project to the Corpus Christi Community Improvement Corporation (CCCIC) so that the entire $475,000 loan will be funded by the CCCIC. 6. Motion authorizing the General Manager or designee to loan the City of Corpus Christi an amount not to exceed $575,000 to finance the acquisition and improvement of the Ward Building Parking lot to be used for Tong -term parking primarily for downtown residents. 7. Public Comment 8. Adjournment MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION MEETING May 26, 2009 5:18 p.m. PRESENT Board of Directors John Marez, Vice President Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal Nelda Martinez Mark Scott Officers Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer Vice President Marez called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. Vice President Marez called for the approval of the minutes of the March 31, 2009 meeting. Mr. Elizondo made a motion to approve the minutes as presented, seconded by Ms. Martinez, and passed. Vice - President Marez opened discussion on Item 4, the election of officers. Mr. Scott made a motion to reappoint Angel R. Escobar, General Manager, Armando Chapa, Secretary, Mary Juarez, Assistant Secretary, Cindy O'Brien, Treasurer, and Constance P. Sanchez, Assistant Treasurer serving as officers, seconded by Mr. Chesney , and passed. Ms. Martinez made a motion to appoint Mr. Marez as President, seconded by Mr. Elizondo, and passed. Nominations were taken for Vice - President. Mr. Scott made a motion to appoint Mr. Kieschnick as Vice - President, seconded by Ms. Martinez, and passed. President Marez called for the financial report for nine months ended April 30, 2009. Assistant Treasurer Constance Sanchez stated that the fund balance was $542,444. There were no questions regarding the report. A motion was made, seconded, and passed to approve the financial report as presented. President Marez called for the General Manager's report. General Manager Escobar stated the report could be found on page 333 and asked if there were any questions. There was none. President Marez called for the Designation of Secretary to serve as Registered Agent. A motion was made by Mr. Chesney, seconded by Mr. Kieschnick, and passed. Mr. Marez called for public comment. There was none. There being no further business to come before the corporation, President Marez adjourned the meeting at 5:21 p.m. on May 26, 2009. Corpus Christi Housing Finance Corporation Balance Sheet January 31, 2010 Assets Current assets: Cash in bank Total assets Liabilities and Fund Balance Liabilities: Total liabilities 615,169 $ 615,169 Fund balance: Undesignated 615,169 Total fund balance 615,169 Total liabilities and fund balance $ 615,169 Corpus Christi Housing Finance Corporation Summary of Transactions For Six Months Ended January 31, 2010 Fund balance at August 1, 2009 $ 533,134 Revenues: Interest 355 Application fees 2,850 Participation /Lender Fee 500 Refinancing Fee 120 Extention Fee 75 Developer Fee 81,805 Replacement fee 75 Issuance fee 4,900 Total revenues 90,680 Expenditures: Administrative costs 8,645 Total expenditures 8,645 Fund balance at January 31, 2010 $ 615,169 Memorandum TO: Members of the Board of the Corpus Christi Housing Finance Corporation FROM: `Angel R. Escobar, General Manager DATE: March 17, 2010 SUBJECT: Request for Meeting of the Corpus Christi Housing Finance Corporation (CCHFC) on March 23, 2010 I am requesting that the regular meeting of the Corpus Christi Housing Finance Corporation (CCHFC) be held during the Council meeting of March 23, 2010, to consider the following: 1) Motion authorizing the transfer of the loan commitment to RRAH Corpus Christi, LP for the Buena Vida Senior Village project to the Corpus Christi Community Improvement Corporation (CCCIC) so that the entire $475,000 loan will be funded by the CCCIC. On August 19, 2008, the Board of Directors of the CCHFC authorized a loan commitment to RRAH Corpus Christi, LP in the amount of $238,000 in order to provide an interim construction loan for the Buena Vida Senior Village project. The Buena Vida project will create 100 new senior apartment units and a 3,500 square - foot club house at 4650 Old Brownsville Road. The total project cost is $9.2 million, and under the program requirements of the Texas Housing and Community Development (TDHCA) the developer needed $475,000 in local funding support in the form of an interim construction loan for no longer than two years. A $237,000 portion of the interim construction loan needed for the Buena Vida project was approved by the Corpus Christi Community Improvement Corporation at an earlier meeting on July 15, 2008. The CCHFC Board approved making the remainder of the loan commitment in the amount of $238,000 in orderforthe Buena Vida project to obtain final approval of its low- income tax credits from TDHCA. Due to the decline in the national economy, the demand for tax credits changed drastically and the federal government has restructured its low- income housing tax credit program providing additional options for the financing of needed projects. The developer, RRAH Corpus Christi, LP, and the TDHCA have finalized arrangements under the new funding options and are ready to proceed with construction of the new Buena Vida Senior Village on Old Brownsville Road. Since the original approval of these loans by the CCCIC and the CCHFC in 2008, the CCCIC has identified additional funds available for making this interim construction loan. A need also has been identified for the use of CCHFC funds to finance the acquisition and development of the Ward Building Parking lot in downtown Corpus Christi as described in the following agenda item. In order for both projects to proceed efficiently, the CCCIC can make the full amount of the required loan for the Buena Vida Senior Village Project, and the CCHFC can make the full amount of the required loan for the Ward Building Parking lot project. Approval is requested from the Board of Directors of the CCHFC authorizing the transfer of the loan commitment to RRAH Corpus Christi, LP for the Buena Vida Senior Village project to the Corpus Christi Community Improvement Corporation (CCCIC) so that the entire $475,000 loan will be funded by the CCCIC. 2) Motion authorizing the General Manager or designee to loan the City of Corpus Christi an amount not to exceed $575,000 to finance the acquisition and improvement of the Ward Building Parking lot to be used for long -term parking primarily for downtown residents. In August 2008, the City acquired the Ward Building in downtown Corpus Christi and its adjacent parking lot in order to renovate the parking lot and provide for the creation of a minimum of 36 new, covered parking spaces to support downtown housing development. The parking project was adopted in order to support the renovation of the Nueces Building across the street into 65 apartments as part of the Nueces Lofts development. The Ward Building would be retained for future renovation and development as a possible CDBG project. Initially, the City planned on utilizing CDBG funds for the acquisition and renovation costs, but after further discussions with HUD officials the City determined that only the Ward Building portion of the project should be funded through CDBG. Approximately $575,000 for the purchase and development of the parking lot would need to be covered through other financing. Under the terms of the City's purchase of this property, the City has the right to sell or otherwise utilize the property in any manner so long as a minimum of 36 covered parking spaces are maintained for monthly tenants, with a preference given for residents within the Downtown Management District. In the future, the required parking spaces could be part of a larger parking facility, an upper deck over a retail development, or part of other development scenarios. As a result, this parking lot may be included as part of a Request for Proposals involving the re- development of the Ward Building. A single developer could then renovate the Ward Building in conjunction with operation of the parking facility utilizing the entire half block and possibly other parcels acquired by the developer. Alternatively, the City could continue to maintain the parking lot as a downtown parking facility either directly or through the Downtown Management District. The loan by the CCHFC in an amount not to exceed $575,000 eliminates any questions about CDBG funding and maintains the parking lot until other development options are finalized. The initial term of the loan will be three (3) years without any restrictions on prepayment. Interest in the amount of 0.30% per annum (equal to existing interest rate received by the CCHFC on its existing funds on deposit) will be payable to the CCHFC out of parking revenues received from operation of the parking lot or upon payment of the loan in full. When all Ward Building redevelopment plans are finalized, the loan can be repaid and the funds retained by the CCHFC for other purposes to support housing. Alternatively, if the City determines to maintain the parking lot on a long -term basis other options could be applied to extinguish the loan including declaration of the amount as surplus and transferring it to the City as allowed by the Texas Housing Finance Corporations Act. Approval is requested for the Board of Directors of the CCHFC authorizing the General Manager or designee to loan the City of Corpus Christi an amount not to exceed $575,000 to finance the acquisition and improvement of the Ward Building Parking lot to be used for long -term parking primarily for downtown residents. 30 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3 -23 -10 AGENDA ITEMS: a. Motion authorizing the execution of a Parking Lot Management Agreement with the Corpus Christi Downtown Management District concerning the parking lot located adjacent to the Ward Building on Chaparral Street and Schatzel Street. b. Resolution authorizing the borrowing of up to $575,000 from the Corpus Christi Housing Finance Corporation in connection with financing the acquisition and renovation of the parking lot located adjacent to the Ward Building on Chaparral Street and Schatzel Street. ISSUE: Utilization of new, covered parking spaces at the Ward Building parking lot created primarily to serve residents in the downtown area; and refinancing the costs incurred in the acquisition and renovation of the parking lot. PREVIOUS COUNCIL ACTION: Based on City Council approval on December 11, 2007, in August 2008, the City acquired interests in the Ward Building in downtown Corpus Christi and the adjacent parking lot in order to renovate the parking lot and create a minimum of 36 new, covered parking spaces to support downtown housing development. RELATED COUNCIL ACTION: Separate agenda items for the Corpus Christi Housing Finance Corporation and for City Council action pertain to a loan of up to $575,000 by the Corpus Christi Housing Finance Corporation to finance the funds expended by the City for acquisition and development of the new parking lot. CONCLUSION AND RECOMMENDATION: Approval of the Parking Lot Management Agreement with the Corpus Christi Downtown Management District; and approval of the financing of up to $575,000 of the costs of acquisition and renovation of the Ward Building Parking Lot with the Corpus Christi Housing Finance Corporation. Attachments 1 ryk Oscar Martinez Assistant City Manager oscarm @cctexas.com 826 -3189 BACKGROUND INFORMATION Motion authorizing the execution of a Parking Lot Management Agreement with the Corpus Christi Downtown Management District concerning the parking lot located adjacent to the Ward Building on Chaparral Street and Schatzel Street. In August 2008, the City acquired a Tong -term leasehold interest in the Ward Building in downtown Corpus Christi and a fee simple interest in the adjacent parking lot in order to renovate the parking lot and provide for the creation of a minimum of 36 new, covered parking spaces to support downtown housing development. The parking project was adopted in order to support the renovation of the Nueces Building across the street into 65 apartments as part of the Nueces Lofts development. The Ward Building would be retained for future renovation and development as a possible CDBG project. The parking lot has been completed and the spaces are ready for use. Under the terms of the acquisition, the spaces in the parking lot are to be leased for monthly use with a preference given to downtown residents. The Corpus Christi Downtown Management District offices near the new parking facility and has offered to manage the parking lot on an interim basis while the City solicits proposals for the re- development of the Ward Building site. That re- development RFP will include both the Ward Building site and the parking lot, and a single developer could then renovate the Ward Building in conjunction with operation of the parking facility utilizing the entire half block and possibly other parcels acquired by the developer. Alternatively, the City could continue to maintain the parking lot as a downtown parking facility. The terms of the Parking Lot Management Agreement are outlined as follows: Property: Ward Building parking lot comprised of 36 spaces. Use: Monthly parking available with a preference for downtown residents. In the event all spaces are not leased within ninety (90) days, leases may be made available to non - residents of downtown. Upon the termination of individual parking space leases, if downtown residents are on a waiting list for spaces, the available spaces shall be leased to downtown residents. Parking space leases may not exceed six (6) months. Rent Rates: Not less than $80 per month or as otherwise approved by the City Manager based on market conditions. Fee: The Downtown Management District will retain a management fee equal to Remittance: Records: Reports: ten percent (10 %) of revenues collected. All parking revenues collected shall be remitted to the City by the tenth (10th) day of each month, after deduction of the management fee. All records concerning the operation of the parking lot shall be available for inspection by the City. The DMD shall obtain certification of income from each tenant stating whether or not the tenant meets the low -to- moderate income eligibility standard established by the Corpus Christi Housing Finance Corporation.* The DMD will provide a monthly report with each remittance showing the number of parking spaces leased, revenues billed and received, the number of spaces leased or held available for persons meeting the low -to- moderate income eligibility standard, and the amount of the management fee deducted. Term: The Parking Lot Management Agreement may be terminated by either party on sixty (60) days written notice. Condition: The parking lot will remain the sole property of the City, and the City shall be responsible for any maintenance or repairs required for the improvements. *According to the Texas Housing Finance Corporations Act, the CCHFC may invest its funds in obligations of the federal govemment or state or local governments, including the City. The CCHFC also may loan or otherwise use its funds to support housing needs for residents with low -to- moderate incomes. City staff would like to track the possible compliance of the parking lot with the requirements for low -to- moderate income housing in order to determine what options in the future may be available for refinancing of the costs of acquisition and renovation of the parking lot. Resolution authorizing the borrowing of up to $575,000 from the Corpus Christi Housing Finance Corporation in connection with financing the acquisition and renovation of the parking lot located adjacent to the Ward Building on Chaparral Street and Schatzel Street. Initially, the City planned on utilizing CDBG funds for the acquisition and renovation costs of the Ward Building and the adjacent parking lot, but after further discussions with HUD officials the City determined that only the Ward Building portion of the project should be funded through CDBG. Approximately $575,000 for the purchase and development of the parking lot would need to be covered through other financing. By separate action of the Corpus Christi Housing Finance Corporation, a loan in an amount not to exceed $575,000 is being provided to eliminate any questions about CDBG 3 funding and maintain the parking lot until other development options are finalized. Under the terms of the City's purchase of this property, the City has the right to sell or otherwise utilize the property in any manner so long as a minimum of 36 covered parking spaces are maintained for monthly tenants, with a preference given for residents within the Downtown Management District. In the future, the required parking spaces could be part of a larger parking facility, an upper deck over a retail development, or part of other development scenarios. As a result, this parking lot will be included as part of a Request for Proposals involving the re- development of the Ward Building. A single developer could then renovate the Ward Building in conjunction with operation of the parking facility utilizing the entire half block and possibly other parcels acquired by the developer. Alternatively, the City could continue to maintain the parking lot as a downtown parking facility either directly or through the Downtown Management District. The term of the loan will be for one year without any restrictions on prepayment. Interest in the amount of 0.30% per annum (equal to existing interest rate received by the CCHFC on its existing funds on deposit) will be payable to the CCHFC out of parking revenues received from operation of the parking lot or upon payment of the loan in full. When all Ward Building redevelopment plans are finalized, the loan can be repaid and the funds retained by the CCHFC for other purposes to support housing. Alternatively, if the City determines to maintain the parking lot on a Tong -term basis other options could be applied to extinguish the loan including declaration of the amount as surplus and transferring it to the City as allowed by the Texas Housing Finance Corporations Act. Attachment A — Parking Lot Management Agreement Attachment B — Resolution Authorizing the Borrowing of up to $575,000 PARKING LOT MANAGEMENT AGREEMENT This Agreement is made by and between the City of Corpus Christi, Texas (the "City "), a municipal corporation, and the Corpus Christi Downtown Management District (the "DMD "), a municipal management district. 1. Parking Lot. The City is the owner of a parking lot comprised of approximately 36 covered spaces located adjacent to the Ward Building at the corner of Chaparral Street and Schatzel Street in Corpus Christi, Texas (the "Parking Lot "). The purpose of the Parking Lot is to provide parking spaces for monthly tenants with a preference provided for downtown residents. 2. Management Services. The City hereby retains the DMD, and the DMD hereby agrees to provide, all services necessary for the management and operation of the Parking Lot subject to the terms and provisions of this Agreement. 3. Independent Contractor. The parties agree that the only relationship created by this Agreement is that between the City, as owner, and the DMD, as an independent contractor, for management and operating services. The DMD is an independent contractor, not an agent, employee, joint venturer or partner of the City. 4. Term. The term of this Agreement shall commence on the Effective Date and shall continue on a year -to -year basis; provided that, either party may terminate this Agreement at anytime upon sixty (60) days' written notice provided by the terminating party to the non - terminating party. 5. Leases. DMD shall lease parking spaces in the Parking Lot with a preference to downtown residents. The parking spaces shall be leased to tenants on a monthly basis for periods not to exceed six (6) months. In the event that all parking spaces are not leased within ninety (90) days from the Effective Date, parking space leases may be made available to non - downtown residents. Upon the termination of individual parking space leases, if downtown residents are on a waiting list for parking spaces, the available parking spaces shall be leased first to downtown residents with the remainder, if any, leased to non - downtown residents. 6. Lease Rates. DMD shall lease each parking space in the Parking Lot for not less than $80 per month, or as otherwise approved by the City's City Manager based on market conditions. The DMD shall recommend to the City Manager any changes in the monthly lease rates for the parking spaces and provide documentation supporting such changes. 7. Management Fee. As compensation for the DMD's management services rendered hereunder, the DMD shall retain a management fee equal to ten percent (10 %) of the revenues collected from each parking space lease (the "Management Fee "). 8. Remittance. All parking space lease revenues collected by the DMD, after the DMD deducts its Management Fee, shall be remitted to the City on or before the tenth (10th) day of each ATTACHMENT A — Page 1 following month. The DMD's remittance to the City shall be paid by the DMD's check or other good funds approved by the City. 9. Records. The DMD shall make all records concerning the operation of the Parking Lot available for inspection by the City during normal business hours, The DMD shall obtain certification of income from each tenant under a parking space lease stating whether or not the tenant meets the low -to- moderate income eligibility standard established from time to time by the Corpus Christi Housing Finance Corporation. 10. Reports. The DMD shall provide a monthly report with each remittance to the City showing the number of parking spaces leased, revenues billed and received, the number of spaces leased or held available for persons meeting the low -to- moderate income eligibility standard, and the amount of the Management Fee deducted. 11. Condition of Parking Lot. The Parking Lot shall remain the sole property of the City, and the City shall be responsible for any maintenance or repairs required for the improvements on the Parking Lot. The DMD shall promptly notify the City of any known maintenance or repair issues affecting the Parking Lot. 12. Severability. If any portion of this Agreement, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. 13. Notice. Any notice, correspondence or payment made pursuant to this Agreement must be made by (a) depositing the same in the United States mail, postage prepaid, addressed as follows, or (b) delivering the same to the other party. Any notice given in accordance with (a) shall be effective upon deposit in the United States mail, and the addresses of the parties hereto shall, until changed by written notice to such effect, shall be as follows: City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 Attn: City Manager Corpus Christi Downtown Management District 223 N. Chaparral Street Corpus Christi, Texas 78401 Attn: President 14. Entire Agreement. This Agreement expresses the entire agreement between the parties. Any prior or contemporaneous oral representation shall have no effect. No amendments shall be effective unless in writing and signed by both parties. This Agreement shall be separate and distinct from the Interlocal Agreement between the City and the DMD which is unaffected hereby. ATTACHMENT A — Page 2 15. Effective Date. This Agreement shall be effective as of the last date of execution below (the "Effective Date "). CITY OF CORPUS CHRISTI CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT By: By: `Angel Escobar Name: City Manager Title: Date: Date: ATTEST: By: Armando Chapa City Secretary APPROVED AS TO LEGAL FORM: March_, 2010 Carlos Valdez, City Attorney By: R. Jay Reining First Assistant City Attorney ATTACHMENT A — Page 3 RESOLUTION AUTHORIZING THE BORROWING OF UP TO $575,000 FROM THE CORPUS CHRISTI HOUSING FINANCE CORPORATION IN CONNECTION WITH FINANCING THE ACQUISITION AND RENOVATION OF THE PARKING LOT LOCATED ADJACENT TO THE WARD BUILDING ON CHAPARRAL STREET AND SCHATZEL STREET WHEREAS, in August 2008, the City acquired interests in the Ward Building in downtown Corpus Christi and its adjacent parking lot in order to renovate the parking lot and provide for the creation of a minimum of 36 new, covered parking spaces to support downtown housing development; and WHEREAS, the parking spaces have been completed and are ready for use and the City desires to finance the acquisition and renovation expenses incurred on an interim basis pending the issuance of a request for proposals for the adaptive reuse of the Ward Building; and WHEREAS, the Corpus Christi Housing Finance Corporation has offered to loan the amount of up to $575,000 to refinance such costs for a period of one (1) year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: RESOLVED, that the City of Corpus Christi be and it is hereby authorized to borrow from the CORPUS CHRISTI HOUSING FINANCE CORPORATION the sum of FIVE HUNDRED SEVENTY -FIVE THOUSAND and no /100 Dollars ($575,000.00) to be used for in connection with financing the acquisition and renovation of the parking lot located adjacent to the Ward Building on Chaparral Street and Schatzel Street; RESOLVED, FURTHER, that the Mayor is authorized to execute on behalf of the Corporation a note in such amount in the form attached as Exhibit A and such other documents required by said Corporation in connection with the foregoing, the terms and conditions of any such documents to be as approved by the Mayor. DULY adopted at a regular meeting of the City Council of the City on the 23rd day of March, 2010. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: Armando Chapa, City Secretary Joe Adame, Mayor ATTACHMENT B — Page 1 EXHIBIT A NOTE Date: March , 2010 Maker: CITY OF CORPUS CHRISTI, TEXAS 1201 Leopard Street, Corpus Christi, Texas 78401 Payee: CORPUS CHRISTI HOUSING FINANCE CORPORATION Place for Payment (including county): 1201 Leopard Street, Corpus Christi (Nueces County), Texas 78401 Principal Amount: Not more than $575,000.00 Annual Interest Rate on Unpaid Principal: Three - tenths of one percent (0.30 %) per annum Terms of Payment (principal and interest): Principal and accrued interest shall be due and payable on or before one (1) year from the date of this Note. Any payments hereon shall be first applied to accrued interest with the remainder, if any, applied to unpaid principal. Principal and accrued interest may be prepaid in whole or in part from time to time without penalty or premium. Maker promises to pay to the order of Payee at the place for payment and according to the terms of payment the principal amount plus interest at the rate stated above. All unpaid amounts shall be due by the final scheduled payment date. Interest on the debt evidenced by this note shall not exceed the maxim= amount of non- usurious interest that may be contracted for, taken, reserved, charged, or received under law; any interest in excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess shall be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides other provisions in this and all other instruments concerning the debt. THIS OBLIGATION IS NOT A BOND OR OTHER OBLIGATION OF THE CITY OF CORPUS CHRISTI, TEXAS PAYABLE OUT OF AD VALOREM TAXES COLLECTED BY THE CITY. THIS OBLIGATION IS NOT SUBJECT TO MANDATORY RENEWAL OR RENEWAL AT THE OPTION OF ANY PERSON AND IS PAYABLE ONLY OUT OF CURRENT REVENUES COLLECTED IN THE YEAR IN WHICH THIS OBLIGATION IS ISSUED. THIS OBLIGATION IS NOT BEING APPROVED BY THE TEXAS ATTORNEY GENERAL AND IS NOT BEING REGISTERED WITH THE TEXAS COMPTROLLER OF ATTACHMENT B — Page 3 APPROVED AS TO LEGAL FORM: March , 2010. Carlos Valdez, City Attorney By: R. Jay Reining First Assistant City Attorney ATTACHMENT B — Page 2 PUBLIC ACCOUNTS. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: Armando Chapa, City Secretary Joe Adame, Mayor APPROVED AS TO LEGAL FORM: March , 2010. Carlos Valdez, City Attorney By: R. Jay Reining First Assistant City Attorney ATTACHMENT B — Page 4 31 AGENDA MEMORANDUM DATE: March 23, 2010 SUBJECT: Cole Park Renovations and Improvements (BOND ISSUE 2008) (Project No. 3384 / CIP No: PR 14) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with JEC Architects, Inc. of Corpus Christi, Texas in the amount of $228,800.00, for preliminary design, design, bidding, and construction phase services and additional services for Cole Park Renovations and Improvements. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 6 Parks and Recreation. A contract for professional services is required to complete the preliminary design phase, final design phase, bid phase, and construction phase; and requires City Council approval. JEC Architects, Inc. was initially selected for this project through Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects. FUNDING: Funding is available from the Parks and Recreation Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the Motion as presented. Stacie Talbert Interim Director of Parks & Recreation 361- 826 -3476 staciet @cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map Pete Anaya, P. E. Director of Engineering Services 361- 826 -3781 petean @cctexas.com w. wnuMKmIvnMFAnPARICS shin RrrAsaaa. ("Wt. Parr Ronnvaonnc and Improvements \Consultant Laroe AE- JEC Architects'AGENDA 2 MEMO.doc BACKGROUND INFORMATION SUBJECT: Cole Park Renovations and Improvements (BOND ISSUE 2008) (Project No. 3384 / GIP No: PR 14) PROJECT DESCRIPTION: Cole Park is currently in need of major renovations and improvements consistent with the approved Master Plan. Proposed work includes general irrigation, park fishing pier restoration /lighting, new "Kids Place" playground equipment, new parking lot and repairs, maintenance /storage addition to amphitheater, renovations to the amphitheater building, Kids Place area sidewalk repairs, accessible sidewalk/ramps from Kids Place parking to "The Gardens" landscaped area, park signage and general landscaping for the entire park. The irrigation and landscaping design will be performed by Robert Gignac Landscape Architecture under the Small NE Agreement approved in October 2009. Other amenities consistent with the Master Plan for the area could be provided as funding allows. CONTRACT DESCRIPTION:, The consultant, JEC Architects, Inc., will provide professional services for the coordination with City staff for preliminary design phase, final design phase, bid phase, construction documents, and construction phase described further below: BASIC SERVICES 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase ADDITIONAL SERVICES 1. Permitting 2. Topographic Survey 3. Underwater Surveying Services 4. Construction Observation Services 5. Start -up Services 6. Warranty Phase Work will not begin on Additional Services until requested by the A/E, and written authorization is provided by the Director Engineering Services. Work will begin on the Additional Services if they are authorized by the execution of the Contract for Professional Services. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". FUTURE COUNCIL ACTION:, Approval of construction contract to complete the project is required. EXHIBIT "A" Page 1 of 1 H HOMEtKeINO\GEMPARKS AND REC\3384- Cole Park Renovations and to provements\Consultant\Large AE• JEC Architects\ AGENDA 3 BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: Cole Park Renovations and Improvements (BOND ISSUE 2008) (Project No. 3384 / CIP No: PR 14) PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 4. October 6, 2009 — Administrative approval of Small A/E Agreement with Gignac Landscape Architecture from Corpus Christi, Texas in the amount of $18,000 for landscape irrigation construction documents for Cole Park Renovations and Improvements. EXHIBIT "B" Page 1 of 1 H: HOME\KellyO \GEN\PARKS AND REC\3384- Cole Park Renovations and Improvements\Consultanl \large AE- JEC Architects\AGENDA 4 PRIOR ACTIONS.doc CONTRACT SUMMARY SUBJECT: Cole Park Renovations and Improvements BOND ISSUE 2008 Project No. 3384 / CIP No: PR 14 1. SCOPE OF PROJECT Cole Park Renovations and Improvements ( Proiect No. 3384) — Cole Park is currently in need of major renovations and improvements consistent with the approved Master Plan. Proposed work includes general irrigation, park fishing pier restoration /lighting, new "Kids Place" playground equipment, new parking lot and repairs, maintenance /storage addition to amphitheater, renovations to the amphitheater building, Kids Place area sidewalk repairs, accessible sidewalk/ramps from Kids Place parking to "The Gardens" landscaped area, park signage and general landscaping for the entire park. Other amenities consistent with the Master Plan for the area could be provided as funding allows. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. 3. PROJECT SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday March 24, 2010 Begin Preliminary Phase Monday May 17, 2010 Begin Design Phase Thursday July 8, 2010 60% Submittal Thursday July 22, 2010 City Review (2 wks.) Thursday September 2, 2010 100% Submittal Thursday September 16, 2010 City Review (2 wks.) Thursday September 30, 2010 Final Submittal Monday (2) October 18, 2010 Advertise for Bids (2 wks.) Wednesday October 20, 2010 Pre -Bid Conference Wednesday October 27, 2010 Receive Bids Monday December 20, 2010 Begin Construction Wednesday August 24, 2011 Construction Completion EXHIBIT "C" Page 1 of 2 4. SUMMARY OF FEES Fee for Basic Services 1. Preliminary Phase $40,500.00 2. Design Phase $78,500.00 3. Bid Phase $7,300.00 4. Construction Phase $9,700.00 Subtotal Basic Services Fees $136,000.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) Texas Department of License and Regulation Texas State Windstorm Certification Total Permitting 5,800.00 4.900.00 $10,700.00 2. Topographic Survey of 43 acre Park $32,800.00 3. Underwater Survey of Pier $6,400.00 4. Construction Observation Services $31,200.00 5. Start-up Services $5,400.00 6. Warranty Phase $6,300.00 Sub Total Additional Services Fees Authorized $92,800.00 Total Authorized Fee $228,800.00 The estimated construction cost for Cole Park Renovations and Improvements is $1,875,000. The total basic services fee proposal for this project is $136,000. Therefore, the percentage of design cost to construction cost is 7.25 %. 1 EXHIBIT "C" 1 \Mproject \councilexhibits \exh3384. d wg ' NIMES BAN r W Z W U HWY CORPUS C3fRrsT7 B.fty S9, NAS PROJECT #3384 FM 2444 LOCATION MAP NOT TO SCALE LAglINA NADRX EXHIBIT 'D" I COLE PARK RENOVATIONS AND IMPROVEMENTS iRnNe ISSUE 2008) CITY COUNCIL EXHIBIT C17Y OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 nArr. no /nq /,ntn cot CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and JEC Architects, Inc., a Texas corporation, P.O. Box 260161 - Corpus Christi, TX 78426 -0161, 3649 Leopard St., Suite 407, Corpus Christi, Nueces County, Texas 78408, (Architect/Engineer — NE), hereby agree as follows: 1. SCOPE OF PROJECT Cole Park Renovations and Improvements BOND ISSUE 2008 (Project No. 3384) Cole Park is currently in need of major renovations and improvements consistent with the approved Master Plan. Proposed work includes general irrigation, park fishing pier restoration /lighting, new "Kid's Place" playground equipment, new parking lot and repairs, maintenance /storage addition to amphitheater, renovations to the amphitheater building, Kid's Place area sidewalk repairs, accessible sidewalk/ramps from Kid's Place parking to "The Gardens" landscaped area, park signage and general landscaping for the entire park. Other amenities consistent with the Master Plan for the area could be provided as funding allows. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the project. Exhibit "A -1" provides supplemental description of services to Exhibit "A" and is not intended to supersede services described in Exhibit "A ". Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. Large NE Contract Page 1 of 4 H:WOME\KeItyO \GEN PARKS AND REC\3384- Cole Park Renovations and Irrprovements\Consultant\Large AE- JEC Architects\CONTRACT FOR PROFESSIONAL 3. ORDER OF SERVICES The NE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $228,800 (Two- Hundred Twenty -Eight Thousand Eight Hundred Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "D ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) Large A/E Contract Page 2 of 4 H:\HOME\KeflyO \GEN\PARKS AND REC\3384- Cole Park Renovations and Improvements\Consultant\Large AE- JEC Architects\CONTRACT FOR PROFESSIONAL SERVICES.doc 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the NE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the NE without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. INSURANCE, INDEMNIFICATION AND HOLD HARMLESS The Consultant will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit "B" by an insurance company acceptable to the City. The Consultant further agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B ". 11. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached as Exhibit "C ". CITY OF CORPUS CHRISTI J C ARCHITECTS, INC. Mir i Juan Perales, Jr., P.E. Date Assistant City Manager RECOMMENDED Pete Anaya, P.E. Date Director of Engineering Services mes Coffin, resident 649 Leopard, St., Suite 407 Corpus Christi, TX 78408 (361) 904 -0804 Office (361) 904 -0925 Fax Date Large A/E Contract Page 3 of 4 HA HOME AND RE03384- Cole Park Renovations and Improvements■Consultant\Large AE- JEC Architects\CONTRACT FOR PROFESSIONAL ATTEST Armando Chapa, City Secretary APPROVED AS TO FORM Assistant City Attorney Date Large NE Contract Page 4 of 4 H: HOME1KellyO\GENIPARKS AND RE03384- Cole Park Renovations and Improvements\Consultant\Large AE- JEC Archhitects\CONTRACT FOR PROFESSIONAL SERVICES.doc EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Cole Park Renovations and Improvements BOND ISSUE 2008 (Project No. 3384) 1. SCOPE OF SERVICES A. Basic Services 1. Preliminary Phase The Architect/Engineer -NE will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed with an Architectural Report which includes Preliminary designs, drawings, and written description of the project. This report shall include: a. Provide scope of soil investigations, borings, and laboratory testing. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts). b. Confer with the City staff regarding the design parameters of the Project. The Architect will participate in a minimum of (3) formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The NE will participate in discussions with the operating department and other agencies as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and ten (10) paper copies of the Architectural Report, with executive summary, opinion of probable construction costs and review with City staff to produce an acceptable format which contains common municipal elements. Architectural Report will include the following (with constructability being a major element in all the following items): 1) Review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The NE will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). EXHIBIT "A" Page 1 of 8 3) Identify results of site field investigation including site findings, existing conditions, and probable Project design solutions; (which are common to municipalities). 4) Provide a presentation of preliminary layout sketches, identification of needed additional services, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design. 5) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. 6) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well- defined proposed scope of design, probable cost estimates(s) and design alternatives. d. Perform the items as shown on Exhibit "A -1" Task List. City staff will provide one set only of the following information (as applicable): a. Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b. The preliminary budget, specifying the funds available for construction; c. Aerial photography for the Project area. d. Through separate contract, related GIS mapping for existing facilities. e. A copy of existing studies and plans. (as available from City Engineering files). f. Field location of existing city utilities. (City to coordinate with City Operating Department). g. Provide applicable Master Plans. 2. Design Phase Upon approval of the preliminary phase, designated by receiving authorization to proceed, the NE will: a. Study, verify, and implement the Architectural Report recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare (1) set of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, invitation to bid, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; EXHIBIT "A" Page 2 of 8 description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs and probable construction schedule. e. Furnish one (1) copy 60% plans (plans only - identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs. Required with the 60% plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Building Sizes • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • Permit requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Furnish complete construction and bid documents including specifications for City staff review and approval. Provide (1) copy of final complete plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities, compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. h. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the 60 %, and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant NE and Sub - consultant A/E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. EXHIBIT "A" Page 3 of 8 i. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. k. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. I. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. m. Provide a Storm Water Pollution Prevention Plan. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the design phase. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide electronic files of the City's standard specifications, standard detail sheets, general and special provisions, and forms for required bid documents. 3. Bid Phase The A/E will: a. Participate in the pre -bid conference. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. The City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. EXHIBIT "A" Page 4 of 8 b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Architect's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase The NE will perform contract administration to include the following: a. Participate in pre- construction meeting. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory test reports. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize minor changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division). g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image- viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. i. Review construction "red -line" as built drawings, prepare record as built CADD drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering EXHIBIT "A" Page 5 of 8 Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordination of activities during the construction phase of work. b. Prepare applications /estimates for payments to contractor. c. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the NE will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The NE will, with written authorization by the Director of Engineering Services, do the following: 1. Permitting Furnish the City all engineering data and documentation necessary for all required permits. The NE will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Texas Department of License and Regulation (TDLR ) b. Texas State Windstorm Certification 2. Topographic Survey Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 3. Underwater Surveying Services Provide underwater inspections of the Fishing Pier concrete pilings from the mud line to the high waterline. This inspection will consist of an overall visual and tactile examination of the pilings, pile caps and underside of the concrete deck to reveal any obvious damage or deterioration. EXHIBIT "A" Page 6 of 8 4. Construction Observation Services Provide Project Observation services including day -to -day detailed coordination with the City's staff and testing laboratory. 5. Start -up Services Provide on -site services and verification for all start-up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. 6. Warranty Phase Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 2. SCHEDULE PROPOSED PROJECT SCHEDULE nd Improvements — No. 3384 - - - -- DAY --------------- - DATE ACTIVITY Wednesday March 24, 2010 Begin Preliminary Phase Monday May 17, 2010 Begin Design Phase Thursday July 8, 2010 60% Submittal Thursday July 22, 2010 City Review (2 wks.) Thursday September 2, 2010 100% Submittal Thursday September 16, 2010 City Review (2 wks.) Thursday September 30, 2010 Final Submittal Monday (2) October 18, 2010 Advertise for Bids (2 wks.) Wednesday October 20, 2010 Pre -Bid Conference Wednesday October 27, 2010 Receive Bids Monday December 20, 2010 Begin Construction Wednesday August 24, 2011 Construction Completion EXHIBIT "A" Page 7 of 8 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee is subject to the availability of funds. The A/E may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon NE's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the NE a not -to- exceed fee as per the table below: Su Fee for Basic Services 1. Preliminary Phase $40,500.00 2. Design Phase $78,500.00 3. Bid Phase $7,300.00 4. Construction Phase $9,700.00 Subtotal Basic Services Fees $136,000.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) Texas Department of License and Regulation Texas State Windstorm Certification Total Permitting 5,800.00 4.900.00 $10,700.00 2. Topographic Survey of 43 acre Park $32,800.00 3. Underwater Survey of Pier $6,400.00 4. Construction Observation Services $31,200.00 5. Start-up Services $5,400.00 6. Warranty Phase $6,300.00 Sub Total Additional Services Fees Authorized $92,800.00 Total Authorized Fee $228,800.00 EXHIBIT "A" Page 8 of 8 EXHIBIT A -1 (Provides supplemental description to Exhibit A. Task List does not supersede Exhibit A.) CITY OF CORPUS CHRISTI, TEXAS Cole Park Renovations and Improvements BOND ISSUE 2008 (Project No. 3384) TASK LIST Basic Services: Provide NE Services as required for the Cole Park Renovations and Improvements. Improvements within the Park will include; General Irrigation, Park Fishing Pier restoration /lighting, New "Kids Place" Playground Equipment, new Parking Lot and repairs, +/- 500 s.f. Maintenance /Storage Addition to Amphitheater, Renovations to the Amphitheater Building, Kids Place area sidewalk repairs, Accessible Sidewalk/Ramps from Kids Place parking to "The Gardens" landscaped area, Park Signage and General Landscaping for entire Park. Task items are as follows. 1) Confer with and participate in meetings with City staff to further define the detailed needs and scope of all aspects of the project for Parks & Recreation Operations. 2) Perform field investigations to determine all site conditions and confer with the soil investigation engineers for recommendations for the Amphitheater Addition foundation and Parking Lot and Access Roadway designs. 3) Provide any necessary permitting documentation or applications as required for this project, as authorized by the City for Additional Services. 4) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 5) Furnish information as required to utility companies whose facilities may be affected within the scope of this project. 6) Issue drawings and specifications to the City for their review and approval at the stages as outlined in Exhibit A. 7) Incorporate all final City review comments into the Final plans and specifications for inclusion into the Bid Documents. 8) Prepare Architectural, Civil, Structural, Mechanical, Electrical and Landscape Design documents to include the following proposed drawing list: General, Civil /Structural • Title Sheet/ Vicinity Map • Project Location Map • General Civil Notes and Testing Schedule • Existing Topographic Survey • Overall Site Plan • Civil Improvements Plan • Site Staking Plan 1 • Site Staking Plan 2 • Site Grading Plan 1 • Site Grading Plan 2 • Civil Details • Storm Water Pollution Plans /Details • Structural General Notes • Overall Fishing Pier Plan • Pier Repair Plan 1 • Pier Repair Plan 2 and Sections • Pier Elevations • Estimated Repair Quantities Schedules • Sections and Details 1 • Sections and Details 2 • Pier Cathodic Protection Plan 1 • Pier Cathodic Protection Plan 2 and Sections • Cathodic Protection Details 1 • Cathodic Protection Details 2 Architectural • Demolition Plan — Amphitheater Building • Amphitheater Floor Plan • Enlarged Plans — Restrooms • Amphitheater Exterior Elevations • Reflected Ceiling Plan • Room Finish and Door /Hardware Schedules /Notes • Interior Elevations / Sections /Details • Maintenance Addition Cross Sections • Wall Sections and Details • Miscellaneous Details • Sidewalk/Ramp Plans and Details — "The Gardens" • Kids Place Sidewalk Plans and Details • Park Signage Site Plan • Signage Elevations /Details and Notes Mechanical • Mechanical (Ventilation) Floor Plan — Amphitheater • Mechanical Details and Schedules — Amphitheater 11 FXHIRIT "A -1" 11 Electrical • Electrical Site Plan and Power Riser Diagram • Amphitheater Electrical Demolition Plans • Amphitheater Electrical Power Plans • Amphitheater Electrical Lighting Plans • Electrical Schedules and Notes • Fishing Pier Electrical Demolition Plan • Pier Electrical Power Plans • Pier Electrical Lighting Plans • Parking Lot Power & Lighting Plans • Electrical Schedules and Notes Plumbing • Amphitheater Plumbing Demolition Plan • Amphitheater Plumbing Plan • Enlarged Plumbing Plans • Plumbing Riser Diagrams, Details & Schedules Irrigation /Landscaping • Overall Irrigation Park Plan • Irrigation Plan 1, Notes • Irrigation Plan 2, Notes • Irrigation Plan 3, Notes • Irrigation Notes, Details & Schedules • Irrigation Pumps, Schedules, Notes • Irrigation Electrical Power Plan 1 • Irrigation Electrical Power Plan 2 • Irrigation Electrical Notes & Schedules • Overall Landscaping Park Plan • Landscaping Plan 1, Notes • Landscaping Plan 2, Notes • Landscaping Plan 3, Notes • Landscaping Notes, Details & Schedules 9) Prepare Opinion of Probable Construction Costs including contingency amounts. 10)Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: • Title Page • Table of Contents • Notice to Bidders • Notice to Contractors —A hCYUIIRIT 1 • Notice to Contractors —B • Part A— Special Provisions • Part B— General Provisions • Part C— Federal Wage Rates and Requirements • Part S— Standard Specifications • Part T— Technical Specifications (if required) • List of Drawings • Geotechnical Report (by others) • Notice • Agreement • Proposal /Disclosure Statement • Performance Bond • Payment Bond 11) Provide Quality Control /Quality Assurance (QC /QA) interim review and prepare submittal for City's review depicting 60% development of the contract drawings and specifications. 12) Address comments received from the City for the 60% submittal. 13) Provide Quality Control /Quality Assurance (QC /QA) final review and submit one (1) reproducible hard copy of the final contract drawings and specifications to the City for bidding process. 14) Update the Opinion of Probable Construction Costs. 15) Submit copy of contract documents, forms and required State filing and inspection fees, to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for all applicable building and site improvements (as authorized by Additional Services). 16) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 17) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 18) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5th of each month. 11 FYHIRIT "A -1" 1 Additional Services: PERMITTING 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as needed to complete the project. 2) Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. 3) Included within this scope will be providing all required inspections and documentation for Texas State Windstorm Certification and as noted above, preparing and submitting all documents and fees for ADA compliance to the Texas Department of Licensing and Regulation. TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. 2) Pre -plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Perform topographic survey within project limits. 7) Tie in all major physical elements within the Park. 8) Tie in all existing trees within the project limits. 9) Locate and tie -in known utilities and structures. 10) Download raw survey field data, copy field notes, reduce data and check results. UNDERWATER SURVEYING OF PIER Provide underwater inspections of the Fishing Pier concrete pilings from the mud line to the high waterline. This inspection will consist of an overall visual and tactile examination of the pilings, pile caps and underside of the concrete deck to reveal any obvious damage or deterioration. CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct weekly site visits to the project site during construction and prepare weekly reports to City Staff. 3) Provide detailed coordination with City staff during construction. 4) Coordinate construction activities with materials testing laboratory. II Cv 1J101 VT I,A A'• II START -UP SERVICES Provide on -site services and verification for all start-up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. 11 EXHIBIT "A -1" 11 Exhibit B Mandatory Requirements (Revised September, 2001) INSURANCE REQUIREMENTS I. CONSULTANT LIABILITY INSURANCE A. The Consultant shall not commence work under this Agreement until he /she has obtained all insurance required herein and such insurance has been approved by the City. Nor shall the Consultant allow any subconsultant to commence work until all similar insurance required of the subconsultant has been so obtained. B. The Consultant shall fumish two (2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including: 1. Commercial Form 2. Premises — Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Insurance 7. Broad Form Property Damage 8. Independent Consultants 9. Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS= COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long -tern environmental impact for the disposal of contaminants $2,000,000 COMBINED SINGLE LIMIT [ ] REQUIRED [X] NOT REQUIRED BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B -6 -11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED EXHIBIT "B" C. In the event of accidents of any kind, the Consultant shall furnish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. II. INDEMNIFICATION AND HOLD HARMLESS A. Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self- insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self - insurance, then within ten (10) calendar days after the date the City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate of authority to self - insure its workers' compensation coverage, as well as a letter, signed by the Consultant, stating that the certificate of authority to self- insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self - insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Consultant shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469 - Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self - insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. builder's risk coverage at least in the amount of $ sentract. EXHIBIT "B" Page 2 of 3 III. On the certificate of insurance: • The City of Corpus Christi is to be named as an additional insured on the liability coverage, except for workers' compensation coverage. • Should your insurance company elect to use the standard ACORD form, the cancellation clause (bottom right) shall be amended by adding the wording "changed or" between "be" and "cancelled" and deleting the words "endeavor to" and the wording after "left ". If the cancellation clause is not amended in the ACORD form, then endorsements shall be submitted. • The name of the project also needs to be listed under "description of operations ". • At least 10-day written notice of change or cancellation will be required. IV. A completed Disclosure of Interest must be submitted with your proposal. EXHIBIT "B" Page 3 of 3 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST 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 ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: JEC Architects, Inc. P. O. BOX: STREET ADDRESS: 3649 Leopard St., Suite 407 CITY: Corpus Christi ZIP: 78408 FIRM IS: 1. Corporation 2. Partnership 4. Association 5. Other 3. Sole Owner ❑ 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) N/A N/A 2. 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 N/A N/A 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 N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked 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 Consultant N/A N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION 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: James E. Coffin, Architect Title: President (Type or Print) Signature of Certifying Person: DEFINITIONS Date: March 8, 2010 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. C u 1431 a 0 v V g c H d = v 0 •O a c z u o• c Q cC) E O O y� s L L. o c — c I- 0 : C N CZ = — d O o o z > oW> E oL a ca I Y O L z a -o o a o V O O 0 %I O O o 0 0 %I 0 %I 0 %I O O O O o O O O O 0 O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 0 0 0 0 0 0 0 0 0 0 0 1 $o $o 0 0 0 69. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Lt)w oO 78,5001 0 0 N O 0 co $10,7001 32,800 (C 31,200 1 5,400 0 CO CO. 0 ON! 0 M COO a) 1 $228,800 0 0 0 0 $o{ $o1 0 Ci, 0 0 0 0 0 0 0 0 0 0 0 0Ef3 0 $0 $0 0 0 $o 1 $o 0 0 0 0 $40,500 1 78,5001 M O - ,- 0) $136,000 1 $10,7001 1 32,8001 T CO 1 31,200 U) M co O CD 0) IR $136,000 92,800 N C'l Basic Services: Construction Phase Subtotal Basic Services Additional Services: TDLR Documents $5,800 Texas Windstorm Cert. $4,900 Additional Services Fees Total of Fees 3 0 Vc) F O r V" W W00 U F-0&I W X W m D_ 0 w a) CC C cn J 0 Z E2 W w Z_ Z W cc 0 LL 0 0 Ll _ Ll al 1 0 1 0 _L1 1 ) 0 ■ 1972 Pier and Seawall dedicated cn i ro i Q > 4 •C U 0 C r3 (0 O O c U p U CL u •O > () O 0 u = U U •zu CD E 2 = — � O 4— U no ca co O N 73 E -o N O _ n 2O 2 O N U � N �, ■� N= N N O N 2 c 4) O no •5 (0 ca a--� U O2 O N • U t- a) co 3— CL 2 8 a) CL 0- N = i cn cn 01 Q oo = U v a U cn I 1 1 1 1 1 1 1 ,-1 a.) kip N N N 00 I� I� N N N O a- O O O al co co 7 i LL _L1 ' 1 T i -o co i) N 0 ca O - \ O) U roc co c a 03 z Restroom renovations E N O H Q) E O 7 7 7 Th d L 1 Cr) N a m 0 U CONSTRUCTION PHASE 110 MONTHS) BID PHASE DESIGN PHASE Renovations and mprovements L L� _L1 LIHr 7 L 1 L L ll� � LLl L1 I 1" _L1 1 32 AGENDA MEMORANDUM March 23, 2010 AGENDA ITEM: Ordinance imposing a temporary 180 -day moratorium on the requirement to screen all dumpsters for trash and recycle areas, per Article 13A, "10" Island Overlay District, Section 13A -8.03 Screening Requirements, and Article 27, Supplementary Height, Area, and Bulk Requirements, Section 27 -3.07 Trash Areas, of the Zoning Ordinance of the City of Corpus Christi, Texas; providing for severance; providing for publication; providing for an effective date; and declaring an emergency. ISSUE: Provisions for the screening of dumpsters have been in the Zoning Ordinance since 1971. In 2004, similar requirements were included in the Island Overlay District during its adoption. The intent of these code provisions is to ensure visual screening of trash areas from streets, and public and neighboring views. Screening can be accomplished through wood fencing, hurricane fencing with slats, or masonry materials. With the inception of various recycling programs, many property owners are also utilizing separate dumpsters for recyclable materials along side their trash dumpster, in which case both are required to be screened. Despite the existing ordinances, a significant number of non - compliant dumpster installations exist throughout the City. In response to recent citizen complaints, Code Enforcement staff has increased efforts toward informing property owners of the screening requirements, many of whom have voluntarily complied. Others have not complied, resulting in notice and enforcement actions. Non- compliant properties have claimed that achieving compliance is placing an undue hardship on their business operations. Hardships claimed include, but are not limited to, the expense of installing the screening, or in some cases, insufficient lot area to accommodate the screening and maintain access to the dumpster. Consequently, some of those having difficulty complying with the screening provision have chosen to reduce the size of their trash and /or recycling dumpsters, or have eliminated the use of recycling dumpsters altogether. During this period of increased levels of enforcement activity, a number of calls and email correspondence have been received through the Mayor's office from various local retail and waste collection and recycling business entities, requesting the consideration of a moratorium on the code sections requiring the screening of dumpsters, if not on a permanent, at least a temporary basis. Staff has prepared this City Council agenda item, which will provide for formal consideration of the moratorium. COUNCIL ACTION: Consideration of the adoption of the proposed moratorium ordinance. PREVIOUS COUNCIL ACTION: Council adopted Article 13A. "I0" Island Overlay District, Section 13A -8.03 Screening Requirements and Article 27. Supplementary Height, Area, and Bulk Requirements, Section 27 -3.07 Trash Areas, of the Zoning Ordinance of the City of Corpus Christi, Texas. C: \1p \dumpster screenig issue \agenda memo mark up.doc CONCLUSION AND RECOMMENDATION: The ordinances requiring screening of dumpsters were developed to establish community standards limiting adverse visual impacts associated with commercial land uses on adjoining public or residential land uses. If a moratorium on dumpster screening is considered, that it be only temporary in nature. 1144.1 Juan Perales, Jr. " .E. Assistant City Manager Engineering & Development Services Departments JP/Iw C: \jp \dumpster screenig issue \agenda memo mark up.doc Page 1 of 2 AN ORDINANCE IMPOSING A TEMPORARY 180 DAY MORATORIUM ON THE REQUIREMENT IN SECTION 27- 3.07.01 OF THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS, TO SCREEN TRASH AREAS ON ANY LOT USED FOR BUSINESS OR MULTI - FAMILY PURPOSES FROM STREET, PUBLIC AND NEIGHBORING VIEWS; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, the City Council desires that the Planning Commission provide its recommendations regarding the screening requirement in Section 27- 3.07.01 of the Zoning Ordinance within 150 days from the date this Ordinance takes effect as defined in Section 5 below ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. There is a moratorium of 180 days on the enforcement of the requirement found in the second sentence of Section 27- 3.07.01 of the Zoning Ordinance of the City of Corpus Christi, Texas, to screen trash areas on any lot used for business or multi- family purposes from street, public and neighboring views. This moratorium does not apply to the first sentence of Section 27- 3.07.01. The complete section reads as follows: "Section 27 -3 Modification of Area Regulations "27 -3.07 Trash Areas: 27- 3.07.01 On any lot used for business or multiple - family purposes, all trash areas shall be provided in a place accessible to vehicles used for picking up and carrying trash away. These areas shall be effectively screened from street, public and neighboring views." SECTION 2. Any property or person issued a Certificate of Occupancy when there is a moratorium on the enforcement of the screening requirement in Section 27- 3.07.01 is subject to compliance with the screening requirement in Section 27- 3.07.01 within thirty (30) days at the end of the moratorium period. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid of 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. 1-1: \LEG- DIR \Lisa\2010 Ordinance\Moratorium.doc Page 2 of 2 SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. This ordinance goes into effect on date of final City Council approval. SECTION 6. Upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary City Secretary Approved: March 15, 2010 Lisa Aguilar;'Assistant City Attorney for the City Attorney H: \LEG- DIR \Lisa\2010 Ordinance\Moratorium.doc Joe Adame Mayor Corpus Christi, Texas Day of , 2010 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 33 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Clean City /Pride Action Plan STAFF PRESENTER(S): Name Title /Position 1. Angela Rowe Pride /Clean City 2. Stacie Talbert Interim Director 3. Lawrence Mikolaczjyk Director OUTSIDE PRESENTER(S): Department Assistant City Manager Parks & Recreation Solid Waste Services Name Title /Position Organization 1. Monica McLeod Sawyer Chair Advisory Committee on Community Pride 2. Daiquiri Richard Chair Clean City Advisory Committee 3. BACKGROUND: The Advisory Committee on Community Pride, created by ordinance on August 25, 2009, was created to advise the Mayor and City Council on development and implementation of a comprehensive community pride campaign that interrelates with the efforts of the Clean City Advisory Committee. This presentation is an update of the Committee's efforts, overview of core areas of concentration and future goals. Angela Rowe, Pride /Clean City Coordinator angelamr @cctexas.com 361- 826 -3673 PowerPoint Supplemental Information C. tken.t Margie C.7Rose, Assistant City Manager margier pncctexas.com 361- 826 -3232 Daiquiri Richard, Chair Monica McLeod Sawyer, Chair Margie C. Rose, Assistant City Manager Mikell Smith, Vice -Chair William Douglas, Vice -Chair Kelly Denson, Assistant to the Mayor Scot Barker James Chrobocinski Rudy Garza, Intergovernmental Relations Anthony Castorena J. Kyle Davidson Eddie Ortega, Neighborhood Services Brian Cornelius Ryan R. Griffin Deanna McQueen, Graffiti Coordinator a a C N bO CO a Mark Minutaglio Lawrence Mikolaczjyk, Solid Waste Operations L 0 W c t 0 C. Michelle Peters Peggy Sumner, Environmental Services Theresa Klein Phillip John Ramirez Stacie Talbert, Parks & Recreation t .\a) c co 0 Stacy Richards Kim Womack, Public Information Ex- Officio Members Ryan Ridlehuber Peggy Sumner, Director Ex- Officio Members Environmental Services Eddie Ortega, Director Lawrence Mikolaczjyk, Director Neighborhood Services Solid Waste Operations Kim Womack, Director Public Information V .v-4 P-1 Z E E 0 u Z 0 .` E E 0 u 0 Created by ordinance on August 25, 2009 co tap U c 'ca c O CO CD- rC5 .v O (D U O 0 -0 � +.+ >, +a' _ O c w = 4 cT E N O . E _c o ca 72 U _c 2 ca w +, = # V +, (1) N CL/ Q w :)(.0 '> O " 73 N 0- i O N O H -a u .c • • Advisory Committee N Q cv U O >% V = V E N E 1 O _c V a--+ _c to O 0 E O 0 cn i U O O Cl) 4- a .Q co a) m .v a) '46 a 0 0 U 0 (6 0 U U 0 ca v 0 U Beautific ation —a 1 lot W Foal I v d 'z o a as 1 0-1 v • ww. • ri • ecc.co Pride Kick Off- Nov 2009 4) O O > > Ln 0 0 L r r ate-+ > > 0) O O CC unteer Hours 15.14 tons of debris 35 used tires 3 refrigerators C N-C N •a--+ U ca -8 N N O ca - C - 4—' O w ca CO co CO N >- i }+ O +—' co p - i - ca CI) 4- >- o cn U cn Q U U Q O ate+ N - N 0 O ; - U w 4 &D 300 Live Oak Trees 1 CO W V) -0 L CO - W C C CO . v � O -0 O C ▪ 0_ (1) W i s- -0 O _c • ca ca O O � —a 0 co (V V � L.fi O h unteer Hours itta• 4in Beautification- Texas A&M-CC EDGE February 2010 &D 140 Students ca N E W CD CO s c .O L 0 4 co E co CD CC W W i 0 C 0 co '" 0 CO 0 C L -C M ca ) O L u- m W c ocu ca 0 O o C co L- L_ co unteer Hours 0 0 or 00 4 c/� U N .O P-4 0 4C—t' U Ct N P:1 I.) -E P-4 W U PA P4 ci r:4 p4 .. .. O s_i_a 0 .. L. n _c N V D 0 U co • www.pridecc.com V) 0 CU 2 0 V_ E E 0 V cu > . 0 cu w • • Pride Partner Criteria VI Ir6 a ›mi •-4 -t U O a ›-4 -t •-4 r:1• o3 cl• 0 F) Cai IN • CA LI- CA . 0 CA M 0- 0 0 M CO • Beach Parking Permits • 0 c m 0 U 0 t ca 0 ca 0 0 0_ 0 v) • • Encourage "staycations" CA C Q) > Q) ca 0 0 • Promote RECYCLING w cc 6 V V 4u cc 6 0 w cc w V -0 4u cc E Recycling Events — November • N CU > uJ 2 CU CC = m cu c V) V) cu N co co c ^, PI 0_ N v .1_ fB cu U .= � 06 E = E ca c.� 0 U v U v) E U . N = co 0 LL 0 • • • E Recycling Event- Nov 2009 H V c O v au cu a) O O H (Ni c .— c 0- a) 0- O E O LA O I. = O N 0- O 00 CU CO 1 1 in w i V 0 t,0 M i RECYCLING u >ft u W rx EEaii N ca" O V N it s•w 2 N . w c .. 4 O— I i O oo 1O O .i M N CU s E L) V L� 1 I LL I . . .4111pai