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Agenda Packet City Council - 09/14/2010
r ter: n••M 11:45 A.M. - Proclamation declaring the week of September 17 -23, 2010 as "United States Constitution Week" Proclamation declaring the month of September 2010 as "National Childhood Cancer Awareness Month" and September 13 -17, 2010 as "Childhood Cancer Awareness Week ". AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 SEPTEMBER 14, 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 tree 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 Pastor Isidro Pina, Kelsey Memorial United Methodist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roil of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Brent Chesney Council Members: Chris N. Adler 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 September 14, 2010 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meetings of August 24, 2010 and August 31, 2010. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Community Youth Development (78415) Program Steering Committee * Museum of Science and History Advisory 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. Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -10 -4 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six Agenda Regular Council Meeting September 14, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) month expenditure of $181,017.60. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds are available through the Meals on Wheels and Elderly Nutrition Grants. (Attachment # 3) Ben E. Keith San Antonio, Texas 100 Line Items $64,052.30 LaBatt Food Service Corpus Christi, Texas 99 Line Items $51,041.58 Performance Food Group Victoria, Texas 60 Line Items $65,923.72 Grand Total: $181,017.60 4. Motion authorizing the purchase of specialized equipment for a total amount of $112,273 utilizing funds from the 2008 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. (Attachment # 4) 5. 6. a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $247,696 from the U. S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation, 50% of the funds to be distributed to Nueces County under an established interlocal agreement and to execute all related documents. (Attachment # 5) b. Ordinance appropriating $247,696 from the U. S. Department of Justice, Bureau of Justice Assistance in the No. 1061 Police Grant Fund to purchase law enforcement equipment for the Police Department and Nueces County. (Attachment # 5) a. Motion authorizing the City Manager or his designee to accept funding in the amount of $1,350 from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department. (Attachment # 6) b. Ordinance appropriating $1,350 in the General Fund No. 1020 from a grant from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Agenda Regular Council Meeting September 14, 2010 Page 4 7. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Department; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenue and expenditures in the General Fund No. 1020 by $1,350 each. (Attachment # 6) a. Resolution authorizing the City Manager or his designee to accept a grant of $202,923 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents. (Attachment # 7) b. Ordinance appropriating a grant of $202,923 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide essential public health services. (Attachment # 7) 8. Motion authorizing the City Manager or designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Unit of the Health Department and for the payment of record fees in the amount of $1.83 per printed record due to the State. (Attachment # 8) 9. 10. a. Resolution authorizing the City Manager or his designee to accept a grant of $5,000 from the Texas Department of State Health Services for supplies to provide flu testing and to execute all related documents. (Attachment # 9) b. Ordinance appropriating a grant of $5,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide flu testing. (Attachment # 9) a. Ordinance transferring $104,185 from the No. 1020 General Fund to the No. 1067 Park and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Program (RSVP); appropriating the $104,185 in the No. 1067 Park and Recreation Grant Fund. (Attachment # 10) Agenda Regular Council Meeting September 14, 2010 Page 5 11. 12. 13. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance transferring $62,415 from the No. 1020 General Fund to the No. 1067 Park and Recreation Grant Fund as City matching funds for the Senior Companion Program (SCP); appropriating the $62,415 in the No. 1067 Park and Recreation Grant Fund. (Attachment # 10) a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $46,379 grant awarded by the Area Agency on Aging of the Coastal Bend for the FY 2010 Senior Community Services, Elderly Nutrition Program. (Attachment # 11) b. Ordinance appropriating a $46,379 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2010 Senior Community Services, Elderly Nutrition Program. (Attachment # 11) a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $5,000 from the National Recreation and Park Association for the 2010 -2011 Take Me Fishing Program and to execute all related documents. (Attachment # 12) b. Ordinance appropriating a $5,000 grant from the National Recreation and Park Association in the No. 1067 Parks and Recreation Grant Fund, for the 2010 -2011 Take Me Fishing Program. (Attachment # 12) a. Resolution ratifying the City Manager's execution of documents necessary to accept a Weed and Seed grant in the amount of $157,000 for Corpus Christi South East (Flour Bluff) Weed and Seed Community for the support of the Weed and Seed Program from the U.S. Department of Justice (DOJ). (Attachment # 13) b. Ordinance appropriating a $157,000 grant from the U.S. Department of Justice for the support of the Corpus Christi South East (Flour Bluff) Weed and Seed Community FY 2010 -2011 in the Federal/State Grant Fund No. 1067. (Attachment # 13) Agenda Regular Council Meeting September 14, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 14. Resolution supporting the continuation of the Festival of the Arts to be led by Community supporters. (Attachment # 14) 15. Motion authorizing the City Manager or his designee to grant two permits to Sabco Operating Company to drill oil or gas wells being State Tract 52 Well Nos. 8 and 9 approximately six miles southeast of the Corpus Christi Marina in Corpus Christi Bay. (Attachment # 15) 16. Motion authorizing the City Manager or his designee to grant a permit to Chaparral Energy, L.L.C. to drill an oil or gas well being State Tract 470 Well No. 8 approximately 3.9 miles west of Mustang Island in Corpus Christi Bay. (Attachment # 16) 17. Resolution approving the First Amendment to the Small Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for the Fastrac® Growth Venture TM Program. (Attachment # 17) 18. Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Accinn Texas, Inc., which provides grants of up to $400,000, for the Interest Buy -Down and Grant Programs for Small Businesses and authorizing the City Manager or his designee to execute a Small Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Accinn Texas Small Business Incentives Agreement. (TABLED ON 08/31/10) (Attachment # 18) 19. a. Motion authorizing the City Manager or his designee to execute Change Order No. 11 with Bay, Ltd. of Corpus Christi, Texas in the amount of $244,759.47 for a total restated fee of $3,417,085.23 for Street Overlays Group 1. (BOND ISSUE 2008) (Attachment # 19) b. Motion authorizing the City Manager or his designee to execute Change Order No. 8 with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $130,488.52 for a total restated fee of $1,963,234.43 for Street Overlays Group 2. (BOND ISSUE 2008) (Attachment # 19) Agenda Regular Council Meeting September 14, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 20. Motion authorizing the City Manager or his designee to execute a Professional Services Contract with the Conrad Blucher Institute, Texas A &M University — Corpus Christi for an amount not to exceed $90,588.00 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2010 -2011. (Attachment # 20) 21. Ordinance exempting Vicha Estates, Block 1, Lot 1, a subdivision located south of Yorktown Boulevard and east of Waldron Road, from the payment of the wastewater lot and acreage fees pursuant to Section V.B.6.I) of the Platting Ordinance; requiring the owner/developer to comply with the specified conditions. (Attachment # 21) 22. Ordinance exempting Katherine Estates Subdivision, a subdivision located south of Oso Creek, approximately two miles outside of the city limits, from the payment of Water and Wastewater Lot and Acreage Fees pursuant to Sections V.B.5.k) and V.B.6.1) of the Platting Ordinance; requiring the owner/developer to comply with the specified conditions. (Attachment # 22) I. EXECUTIVE SESSIONS: 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. 23. Executive session under Texas Government Code Section 551.072 to deliberate the purchase of real property, since the deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 24. Executive Session under Texas Government Code Section 551.071 Consultation with Attorney, regarding Time Warner Cable franchise provisions regarding public education and government access channels, with possible discussion and action in open session. Agenda Regular Council Meeting September 14, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 25. Executive Session under Texas Government. Code Section 551.072 to deliberate the lease of golf course properties, since the deliberation in open session would have a detrimental effect on the position of the governmental body in negotiations with a third person. J. PUBLIC HEARINGS: ZONING CASES: 26. Case No. 0810 -01, Jobita M. Coronado & Mary G. Dillard: A change of zoning from the "R -1 B" One - family Dwelling District to the "B -1" Neighborhood Business District resulting in a change of land use from one - family dwelling use to a neighborhood business use. The property to be rezoned is the Austin Subdivision, Block 3, Lot 17 generally located at 502 Balboa Street at Hidalgo Street, approximately 900 feet south of the intersection of Balboa Street and Baldwin Avenue. (Attachment # 26) Staff Recommendation: Denial of the change of zoning to the "B -1" Neighborhood Business District. Planning Commission Recommendation: Denial of the "B -1" Neighborhood Business District and in lieu thereof, approval of a "R-1B/SP" One- family Dwelling District with a Special Permit and seven (7) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Jobita M. Coronado & Mary G. Dillard, by changing the Zoning Map in reference to Austin Subdivision, Block 3, Lot 17, from "R -1 B" One- family Dwelling District to "R-1B/SP" One - family Dwelling District with a Special Permit, subject to seven (7) conditions; 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. 27. Case No. 0810 -02, AN Corpus Christi Chevrolet, LP: A change of zoning from the "R-1B" One - family Dwelling District to the "B- 3" Business District resulting in a change of land use from one - family dwelling to business use. The property to be rezoned is Agenda Regular Council Meeting September 14, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6.87 acres out of Woodlawn Estates Subdivision, Block 1, Lots 1 and 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, Lots 3 and 4, approximately 1,300 feet northwest of the intersection of McArdle Road and Nile Drive. (Attachment #27) Staff Recommendation: Approval of the applicant's request for the "B -3" General Business District. Planning Commission Recommendation: Denial of the "B -3" General Business District and in lieu thereof, approval of the "R- 1B/SP" One - family Dwelling District with a Special Permit and ten (10) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by AN Corpus Christi Chevrolet, LP, by changing the Zoning Map in reference to 6.87 acres out of Woodlawn Estates, Block 1, Lots 1 and 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, Lots 3 and 4, from "R -1 B" One- family Dwelling District to "R1 -B/SP" One - family Dwelling District with a Special Permit, subject to a Site Plan and ten (10) conditions; 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. 28. Case No. 0810 -03, Fabian Molina Family, Ltd.: A change of zoning from the "B -4" General Business District to the "1 -2" Light Industrial District resulting in a change of land use from a general business to a light industrial use. The property to be rezoned is 0.977 acres out of Saratoga Weber Plaza Subdivision, Block 7, Lot 14, located at 3814 Acushnet Drive, approximately 975 feet northwest of the intersection of Acushnet Drive and Weber Road. (Attachment # 28) Planning Commission and Staff's Recommendation: Approval of the "1 -2" Light Industrial District. ORDINANCE Amending the Zoning Ordinance, upon application by Fabian Molina Family LTD, by changing the Zoning Map in reference to 0.977 acres out of Saratoga Weber Plaza Subdivision, Block 7, Lot 14, from "B -4" General Business District to "1 -2" Light Agenda Regular Council Meeting September 14, 2010 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Industrial 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. K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 29. Motion to agree to the retirement and approve an amendment to the employment conditions and salary for City Manager 'Angel R. Escobar. (Attachment # 29) 30. Discussion and consideration of recruitment and selection process for new City Manager. (Attachment # 30) 31. a, Ordinance appropriating $1,950,752 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and retaining $700,000 to fund Terminal Building Reconstruction improvements, transferring $893,910 into the Airport 2000A Debt Service Fund No. 4640 and transferring $356,842 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the FY2009 -2010 Capital Budget adopted by Ordinance No. 028449 to increase appropriations by $1,950,752. (Attachment # 31) b. Ordinance changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and expenditures by $1,500 in Airport 2000A Debt Service Fund 4640 and by $1,500 in Airport 2000B Debt Service Fund 4641, to be used for paying agent and other fiscal fees. (Attachment # 31) 32. First Reading Ordinance — Authorizing the City Manager, or his designee, to execute a thirty -year lease with Corpus Christi Developments 1, LLC, doing business as Corpus Christi FXG, LLC ( "Lessee "), with two ten -year options to renew, for approximately 356,320 square feet fronting Pinson Drive (Industrial Park) to construct a distribution facility and related improvements, in consideration of Lessee, paying $.09 cents per square foot for unimproved land including an adjustment of up to 3% every five years as set out in the lease. (Attachment # 32) Agenda Regular Council Meeting September 14, 2010 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 33. Resolution urging the U.S. Environmental Protection Agency and the Texas Commission on Environmental Quality to reach a compromise on the issue of flexible permits in a manner that provides regulatory certainty to our local refining industry in the interest of protecting health and safety, jobs, and future investment in our community. (Attachment # 33) 34. a. Motion rescinding the authority previously granted by Motion No. 2010 -129 passed by Council on June 8, 2010, which gave the City Manager or his designee the authority to execute an Agreement for Construction Materials Testing and Engineering Services with Arias & Associates, Inc. of Corpus Christi, Texas in the amount of $71,383 for Yorktown Boulevard — Staples to Cimarron. (BOND ISSUE 2008) (Attachment # 34) b. Motion authorizing the City Manager or his designee to execute an Agreement for Construction Materials Testing and Engineering Services with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $48,000 for Yorktown Boulevard — Staples to Cimarron. (BOND ISSUE 2008) (Attachment # 34) c. Motion authorizing the City Manager or his designee to execute an Agreement for Construction Materials Testing and Engineering Services with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $32,876 for Buckingham Estates Force Main and Oso Plant Effluent Line. (CIP FY 2010) (Attachment # 34) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 35. Presentation Regarding Developer Trust Fund Issues (Attachment # 35) M. 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 Agenda Regular Council Meeting September 14, 2010 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at �1�7 p.m., on September 9, 2010. Armando Chapa City Secretary 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. City Council Goals 2010 -2011 IP" tiO Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase II Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 24, 2010 . - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Brent Chesney Council Members: City Staff: Chris Adler 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 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 Martinez. 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 August 17, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 2 - 7). There were no comments from the public. Council members requested that Items 2, 4, 6, and 7 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. RESOLUTION NO. 028729 Resolution authorizing the Director of the Corpus Christi - Nueces County Public Health District to execute Interlocal Cooperation Agreements with local independent school districts for the implementation of tactical plans for responding to an act of bioterrorism. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5. MOTION NO. 2010 -194 Motion approving a change in the scope of work for Amistad Community Health Center's FY 2008 Community Development Block Grant project located at 1533 S. Brownlee, and authorizing the City Manager or his designee to execute all related documents. 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 August 24, 2010 — Page 2 Mayor Adame opened discussion on Item 2 regarding the purchase of equipped radios and accessories. In response to Council Member Leal, Police Chief Troy Riggs explained that the purchase of this equipment allows the City of Port Aransas to be on the same communication system with other emergency responders from South Texas and other jurisdictions. City Secretary Chapa polled the Council for their votes as follows: 2.a. MOTION NO. 2010 -191 Motion approving the purchase of 700/800 MHZ and VHF Project 25 equipped radios and accessories to augment the current Command Van system to provide interoperable communications from Dailey & Wells Communications, of San Antonio, Texas based on sole source for a total expenditure of $75,530.13. Funds are available through the Public Safety Interoperable Communications Grant. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 2.b. MOTION NO. 2010 -192 Motion approving the purchase of 800 MHZ radios and accessories for the City of Port Aransas to bring all their Public Safety personnel onto the 800 MHZ radio system and provide interoperable communications, from Dailey & Wells Communications, of San Antonio, Texas based on sole source for a total expenditure of $360,291.92. Funds are available through the Public Safety Interoperable Communications Grant which includes a 20% cash match from the City of Port Aransas. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 2.c. MOTION NO. 2010 -193 Motion approving the purchase of EDACS to Project 25 software and installation to provide interoperable communications from Dailey & Wells Communications, of San Antonio, Texas based on sole source for a total expenditure of $128,317. Funds are available through the 2009 Edward Byrne Justice Assistance Grant Program Local Solicitation. 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 4 regarding a grant to provide tuberculosis prevention and control services. Council Member Leal commended the Health Department for their work to inoculate the children returning to school. City Secretary Chapa polled the Council for their votes as follows: 4.a. RESOLUTION NO. 028730 Resolution authorizing the City Manager or his designee to accept a grant of $7.6,658 from the Texas Department of State Health Services to provide tuberculosis prevention and control services 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, arid Scott, voting "Aye ". -2- Minutes — Regular Council Meeting August 24, 2010 — Page 3 4.b. ORDINANCE NO. 028731 Ordinance appropriating a grant of $76,658 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide tuberculosis prevention and control services. 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 6 regarding a grant application to the U.S Department of Commerce, Economic Development Administration for the Chaparral Street Redevelopment Project (Phase 1). In response to Council Member Scott, Interim Director of Economic Development Emily Martinez explained that the local cash match required as part of the grant comes from the Bond 2008 package. Council Member Scott spoke regarding a newsletter from the Metropolitan Planning Organization (MPO) addressing federal funding available for the downtown area and directed staff to send a memo providing Council with a briefing on this topic. Mr. Scott also asked whether there have been conversations with property owners regarding leveraging improvements to their properties to support the improvements made by the City. John Vidaurri, Downtown Management District(DMD), spoke regarding discussions with downtown property owners to assist efforts for improving downtown in conjunction with other projects. Council Member Martinez spoke regarding the City's revitalization efforts and the rate of return on investment. Council Member Leal asked questions regarding anticipated improvements for this project. Director of Engineering Services Pete Anaya reported that staff anticipates presented this project to Council within the next 60 days. In response to Council Member Marez, Director of Intergovernmental Relations Rudy Garza spoke regarding support from elected officials to request additional federal funding for this project. City Secretary Chapa polled the Council for their votes as follows: 6. RESOLUTION NO. 028732 Resolution authorizing the City Manager or his designee to submit a grant application to the U. S. Department of Commerce, Economic Development Administration in the amount of $3,688,180.94 for the Chaparral Street Redevelopment Project (Phase I) to convert Chaparral Street (now One -Way) from Schatzel Street to William Street into a Two -Way Vehicle /Pedestrian- Friendly Corridor, with a City Match of $922,045.24 in the Fund No. 3546, Street 2009 GO CIP Fund (Bond Issue 2008), and a total project cost of $4,610,226.18. The foregoing resolution 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 7 regarding a Special Election to be held on November 2, 2010 to provide for consideration of amendments to the City Charter. Council Member Scott expressed concerns with moving the Council elections to November including the increased costs for candidates to campaign and elections becoming partisan elections. Council MemberAdler stated that she shares the same concerns as Council Member. Scott and did not see the advantages to changing the date of the election. Council Member Marez stated that placing the issue of changing the election date to November allows the voters the opportunity to make the decision. Council Member Leal supported allowing the public to decide the election date. Minutes -- Regular Council Meeting August 24, 2010 — Page 4 Mayor Adame called for comments from the public. John Bell, 13750 Primavera, provided statistics on straight ticket voting during the last November election and the number of voters that did not vote on the local races. Mr. Bell also spoke regarding the increased expenses for running for Council and partisanship in City elections if the election is moved to November. Mr. Bell encouraged the Council to save $160,000 by not having an election in November and waiting to place the charter amendments on the election in May. Eloy Salazar, 8206 Campolocino, spoke in support of changing the Council elections to November and allowing the voters to make the decision. Mr. Scott made a motion to eliminate Proposition 6 regarding changing the election date to November from the list of charter amendments. City Attorney Valdez stated that this motion was considered at the last meeting and that a motion to reconsider would have to be made by someone from the prevailing side. City Secretary Chapa explained that the City Council has a policy regarding reconsideration and clarified that any actions taken by the Council can be reconsidered by a person on the prevailing side. A brief discussion ensued regarding Council Policy 16(n). City Secretary Chapa called polled the Council for their votes as follows: 7 ORDINANCE NO. 028733 Ordering a Special Election to be held on November 2, 2010, in the City of Corpus Christi to provide for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. (First Reading — 8/17/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott voting "No ". * * * * * * * * * * * ** Mayor Adame announced that he was postponing Item 12 regarding consideration of the tax rate until August 31, 2010. 12.a. POSTPONED UNTIL AUGUST 31, 2010 $0.2088'17 per $100 valuation. 12.b. POSTPONED UNTIL AUGUST 31, 2010 Minutes — Regular Council Meeting August 24, 2010 — Page 5 12.c. POSTPONED UNTIL AUGUST 31, 2010 General Fund by $409,138 an- decreas g the- estimated revenues for ad valorem taxes in Fund No. 2010 Debt Service Fund by $1,168,168. * * * * * * * * * * * * * MayorAdame announced the executive session, which was listed on the agenda as follows: 8. Executive Session under Texas Government Code Section 551.071 Consultation with Attorney, regarding Time Warner Cable franchise provisions regarding public education and government access channels, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Mayor Adame advised the public that the executive session was informational only and no action was taken or will be taken in open session. * * * * * * * * * * * * MayorAdame referred to Item 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0610 -02, David B. Allred: The applicant is requesting a change of zoning from the "B- 2A/IO /SP" Barrier Island Business District/Island Overlay /Special Permit to the 'B -4" General Business District resulting in a change of land use from Tourist Business with overlay and design conditions to commercial use. The property to be rezoned is Padre Island No. 1, Block 2, being the south half of Lot 8A, Lot 9A and 10A, located on the west side of South Padre Island Drive (SPID) or Park Road No. 22, at the address 14237 SPID or Park Road No. 22. Bob Payne, Senior Planner, provided an overview of the current zoning; the requested zoning change; and the six conditions. Mr. Payne stated that the Planning Commission and staff recommended the denial of the "B -4" General Business District and in lieu thereof, approval of a modified "B- 2A/IO /SP" Barrier Island Business District/Island Overlay with a Special Permit. The special permit would allow for the operation of a boat repair facility, subject to a Site Plan and six (6) conditions. MayorAdame called for comments from the audience. Darlene Gregory, 3237 Bimini, spoke on behalf of the applicant and stated that Mr. Allred has been doing business for 25 years and met all the special conditions. Abel Alonzo, 1701 Thames, spoke regarding the zoning application process. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 028734 Amending the Zoning Ordinance, upon application by David B. Allred, by changing the Zoning Map in reference to Padre island No. 1, Block 2, being the south half of Lot 8A, Lot 9A and 10A, from "B- 2A/IO /SP" Barrier Island Business District/Island Overlay /Special -5- Minutes — Regular Council Meeting August 24, 2010 — Page 6 Permit to Modified "B- 2A/IO /SP" Barrier Island Business District/Island Overlay with a Special Permit to allow for the operation of a boat repair facility, subject to a Site Plan and six (6) conditions; 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. 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 referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 10. Case No. 0710 -01, Proportional Prosperity, LLC: The applicant is requesting a change of zoning from "B -4" General Business District to the "1 -2" Light Industrial District resulting in a change of land use from general business to light industrial use. The property to be rezoned is 2.12 acres of Las Colonias, Unit 4, Block 1, Lots 25, 26, and 27, located at 1302 Saratoga on the northeast corner of Saratoga Boulevard and Calle Las Colonias Drive. In response to Council Member Kieschnick, Senior Planner Bob Payne stated that the property was previously zoned with the screening condition and the City is applying the same conditions to the new property owner. No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Kieschnick , and passed. Mr. Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 028735 Amending the Zoning Ordinance, upon application by Proportional Prosperity, LLC, by changing the Zoning Map in reference to 2.12 acres of Las Colonias, Unit 4, Block 1, Lots 25, 26 and 27, from "B -4" General Business District to "B -4 /SP" General Business District with a Special Permit to allow the use of a warehouse with outdoor storage, subject to a Site Plan and five (5) conditions; 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. 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 referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0710 -02, Chris Mandell, applicant for Horton Automatics, a division of Overhead Door: The applicant is requesting a change of zoning from the "1 -2" Light Industrial District to the "1 -3" Heavy Industrial District resulting in a change of land use from a light industrial use to a heavy industrial use. The property to be rezoned is approximately 2,612 square feet out of the Corpus Christi Industrial District Section 2, Block 9, Lot X -3, approximately 400 feet north of the intersection of Airport Road and Baldwin Boulevard, located at 4242 Baldwin Boulevard. Minutes — Regular Council Meeting August 24, 2010 — Page 7 No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Mr. Kieschnick, and passed. Mr. Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 028736 Amending the Zoning Ordinance, upon application by Chris Mandell, applicant for Horton Automatics, a division of Overhead Door, by changing the Zoning Map in reference to approximately 2,612 square feet out of Corpus Christi Industrial District Section 2, Block 9, Lot X -3, from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow installation and operation of one (1), 2,400 gallon, UL2085, above ground fuel storage tank, subject to a Site Plan and four (4) conditions; 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. 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 13 regarding Development Services fees. Assistant City Manager of Development Services Johnny Perales explained that during the budget discussions, action regarding the new development services fee schedule was tabled to allow staff additional time to discuss the proposed fees with the development community. Mr. Perales added that staff has concluded those discussions and the development community is supportive of the proposed fees. The following topics pertaining to this item were discussed: how the changes made to the fee schedule will affect the budget; the status of the developer trust funds; enforcement of ordinances for impervious areas; and whether there are any permits delaying the construction of the impound lot. Council Member Martinez requested a presentation on the status of the trust funds. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 13. FIRST READING ORDINANCE Amending Chapter 14 "Development Services," Article XI II, "Development Services Fees ", Division 1, "Technical Construction Code Fees ", Section 14 -1 302, "Standardized Building Valuation "; Section 14 -1304, "Processing And Plan Review Fee "; Section 14 -1306, "Special Fees "; Section 14 -1307, "Reduced Fees "; Section 14 -1312, "Accounting"; and Section 14- 1 313, "Technical Construction Code Fee Schedules ", of the Code of Ordinances, City of Corpus Christi, to provide for minimum permit fees, simplified methods to calculate Building Permit Fees and Plan Review Fees; to provide for expedited Plan Review by Internal Staff; to provide for customized Plan Review; to provide discounts of Fees to Permit Holders meeting certain requirements; to provide for Special Inspections on non- standard days and hours; to provide for Certificates of Completion to Shell Buildings; to provide for Fees for Construction Site Offices, Fees for both standard and duplicate Certificates of Occupancy, Fees for Temporary Events, Penalty Fees, Inspections Outside of the City Limits, Electrical —7— Minutes — Regular Council Meeting August 24, 2010 — Page 8 Permit Fees, Plumbing Permit Fees, Mechanical Permit Fees, Fuel Gas Permit Fees, Swimming Pool Fees; and providing for Fees for existing applications made prior to the effective date; providing a repealer clause; and providing an effective date of October 1, 2010. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott was absent. Mayor Adame opened discussion on Item 14 regarding the sanitary sewer overflow initiative program. Director of Engineer Services Pete Anaya introduced Director of Wastewater Services Foster Crowell; Jim Forbes with Pipeline Analysis; and Donnie Rehmet with Coym, Rehmet, and Gutierrez, who were available to respond to questions. Mr. Anaya referred to a powerpoint presentation including the background; project scope; project limits; project schedule; and costs. The following topics pertaining to this item were discussed: notification from the Texas Commission on Environmental Quality (TCEQ) to include the Greenwood and Broadway basins in the sanitary sewer overflow initiative; additional peak capacity at the new Broadway plant; overflow issues at the Oso Water Reclamation basin; the anticipated growth for expansion of Texas A & M University — Corpus Christi and the effect it will have on the overflows; the evaluation period to be in compliance; and how this program will relate to the Ropes Park/Cole Park overflow /drainage issues. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. MOTION NO. 2010-195 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Pipeline Analysis, LLC of Dallas, Texas in the amount of $96,101 for professional services to prepare a Sanitary Sewer Overflow Initiative (SSOI) Plan and Final Capacity, Management, Operations and Maintenance (CMOM), Self -Audit Report. The following motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. Mayor Adame opened discussion on Item 15 regarding the Public Safety Warehouse for the Police Department project. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including the property description and features; a location map; photos of the subject property; and the proposed project expenditures. The following topic pertaining to this item was discussed: the status of the Calla Los Colonias drainage project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15. MOTION NO. 2010 -196 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Proportional Prosperity LLC, in the amount of $590,000, plus additional expenditures not to exceed $3,000 for related closing costs, all for the purchase of a warehouse property to be used by the Corpus Christi Police Department, which is located at -8-- Minutes — Regular Council Meeting August 24, 2010 — Page 9 1302 Saratoga Boulevard in connection with the Public Safety Warehouse for Police and Fire Departments, Project No. 5244 (Bond Issue 2008) 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 16 regarding the Oso Water Reclamation Plant Nutrient Removal Project (Ammonia). Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; the project team selection; project scope for Phases 1 and 2; project limits; advantages and disadvantages; the project schedule for Phase 1; and the costs. Dan Leyendecker with LNV Engineering and Director of Wastewater Foster Crowell were available to respond to questions. The following topics pertaining to this item were discussed: the current percentage of ammonia discharge; how the possible 24 -hour staffing requirement would affect the budget; exposure of additional chemicals to existing equipment; the cost to the ratepayer; the short term solution to the EPAITCEQ mandate; the annual cost for the chlorination process; the cost of transferring waste to Greenwood and building the new facility; when the City will be informed of the 30 -month approval from the EPA; and the timeline for the preliminary design and the design schedule. Mayor Adame recommended that staff meet with Dr. David McKee with Texas A & M University — Corpus Christi, who has been monitoring Oso Bay, to discuss his opinion on the discharge to Oso Bay and the effect of the ammonia levels. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, spoke regarding the unfunded mandates from EPA and TCEQ. City Secretary Chapa polled the Council for their votes as follows: 16. MOTION NO. 2010 -197 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $550,059, for preliminary design phase, design phase, bid phase, and construction phase services for Oso Water Reclamation Plant Nutrient Removal Project (Ammonia). 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 called for petitions from the audience. Abel Alonzo, 1701 Thames, expressed concern with vehicles parked on sidewalks and stated that there needs to be more enforcement from Development Services and Code Enforcement. Carrie Robertson, 4401 Gulfbreeze Boulevard, spoke regarding the need for more enforcement of banning the homeless and transients from sleeping on the beach. Council Member Marez asked City Manager Escobar to have Police Chief Riggs develop a plan to resolve this issue. * * * * * * * * * * * ** Minutes — Regular Council Meeting August 24, 2010 — Page 10 There being no further business to come before the Council, MayorAdame adjourned the Council meeting at 2:34 p.m. on August 24, 2010. * * * * * * * * * * * ** MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 31, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Brent Chesney Council Members: City Staff: Chris Adler 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 Mayor Adame called the meeting to order in the Council Chambers of City Hall. Council Member Leal requested that a special prayer be said for her grandson, Dennis Chavez, who was deployed to the Middle East and all the soldiers fighting in the war. The invocation was delivered by Chaplain Lynn Blackler with Christus Spohn Health System and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. 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 referred to Item 1 and the following board appointments were made: Committee for Persons with Disabilities Alana Manrow (Appointed) Community Youth Development (78415) Program Steering Committee - (These appointments were reconsidered twice during the meeting and discussion can be found on pages 8, 9 and 14. The Council voted at the end of the meeting to postpone these appointments until September) Human Relations Commission Robert A. Franklin (Appointed) Water Shore Advisory Committee Frank Brogan (Reappointed) Mary K. Fant (Reappointed) Ruth Blake (Reappointed) Cindy Boston (Appointed) Michael W. Potter (Appointed) * * * * * * * * * * * * Minutes — Regular Council Meeting August 31, 2010 — Page 2 Mayor Adame called for consideration of the consent agenda (Items 2 - 18). There were no comments from the public. Council members requested that Items 9 and 16 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2.a. RESOLUTION NO. 028737 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $143,018 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2010 -2011. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 2.b. ORDINANCE NO. 028738 Ordinance appropriating $143,018 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state fiscal year 2010 -2011. 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 ". 3.a. RESOLUTION NO. 028739 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $ 378,821 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2010 -2011. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 3.b. ORDINANCE NO. 028740 Ordinance appropriating $378,821 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2010 -2011. 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.a. RESOLUTION NO. 028741 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $78,767 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at Corpus Christi Public Library for the state fiscal year 2010 -2011. Minutes — Regular Council Meeting August 31, 2010 — Page 3 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4.b. ORDINANCE NO. 028742 Ordinance appropriating $78,767 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for state fiscal year 2010 -2011. 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 ". 5.a. RESOLUTION NO. 028743 Resolution authorizing the City Manager or his designee to execute an amendment to an Interagency Cooperation contract with the Texas Historical Commission (THC), which extends the term of the contract six months, thereby providing a contract term from January 1, 2010 through July 31, 2011; and which increases the funding provided by the THC for the payment for services to be conducted in accordance with the contract, from $30,000 to $50,000, therein providing additional funding of $20,000. 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. 028744 Ordinance appropriating $20,000 from the Texas Historical Commission (THC) in the No. 1069 Museum Grants Fund, to fund the THC salary increase for payment for services from $30,000, which was previously appropriated by Ordinance No. 028416 approved on the 17th day of November, 2009, to the amended amount of $50,000, for services to be conducted in accordance with the first amendment of the THC contract; services to be performed include the re- inventory of the La Belle artifact collection held at the Corpus Christi Museum of Science and History. 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 ". 6.a. MOTION NO. 2010 -198 Motion authorizing the City Manager or his designee to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $503,500 from the Community Youth Development Program for the 78415 Zip Code for projects as recommended by the Community Youth Development Steering Committee for Fiscal Year 2010 — 2011, Contract Period September 1, 2010 through August 31, 2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez abstained. Minutes — Regular Council Meeting August 31, 2010 — Page 4 6.b. ORDINANCE NO. 028745 Ordinance appropriating $503,500 from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development Fund to fund the Community Youth Development Program in the 78415 Zip Code for Fiscal Year 2010 -2011, Contract Period September 1, 2010 — August 31, 2011. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez abstained. 7.a. ORDINANCE NO. 028746 Ordinance authorizing the City Manager or his designee to execute an agreement with Bayfest, Inc. for Bayfest 2010 and related activities to allow use of Shoreline Boulevard including sidewalks, seawall and park areas from Power Street to Resaca Street during September 14 through September 29, 2010; provide for Bayfest, Inc. paying 50% Police and 100 % of all other City costs. 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 ". 7.b. MOTION NO. 2010-199 Motion approving an admission fee for Bayfest of seven dollars, ($7.00) per day for adults and three dollars, ($3.00) per day for military, seniors, children between the ages of seven to twelve and persons with mobility assistance devices. Children ages six and under are admitted free. 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 -200 Motion approving the application from Bayfest, Inc. to temporarily close the following street sections for the Bayfest 2010 Festival beginning, Tuesday, September 14, 2010 through Wednesday, September 29, 2010 (Exhibit B). a. The temporary street closure of Resaca Street between the intersection of Resaca Street, Chaparral Street and the intersection of Resaca Street and Shoreline Boulevard, beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. b. The temporary street closure of Fitzgerald Street between the intersection of Fitzgerald Street and Chaparral Street and the intersection of Fitzgerald Street and Shoreline Boulevard, beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. c. The temporary street closure of Palo Alto Street between the intersection of Palo Alto Street and Water Street and the intersection of Palo Alto Street and Shoreline Boulevard, beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. —14— Minutes — Regular Council Meeting August 31, 2010 — Page 5 d. The temporary street closure to eastbound traffic only of Palo Alto Street between the intersection of Palo Alto Street and Chaparral Street and the intersection of Palo Alto Street and Water Street, beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. e. The temporary street closure of Water Street between the intersection of Water Street and Palo Alto Street to the intersection of Water Street and Resaca Street; beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. f. The temporary street closures of Shoreline Boulevard and the Barge Dock, between Power Street and the Art Museum of South Texas, beginning at 8:00 a.m. Tuesday, September 14, 2010 through 5:00 p.m. Wednesday, September 29, 2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10. ORDINANCE NO. 028748 Ordinance abandoning and vacating a 10,803- square foot portion (0.248 Acres) of a 15 -foot wide utility easement out of Farmer's Row Subdivision, Block 1, Lot 4, and a portion of Flour Bluff & Encinal Farm & Garden Tracts, Section 10, Lots 2 and 15; requiring the owner, R. L. Owens, 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, Leal, Marez, Martinez, and Scott, voting "Aye ". 11.a. ORDINANCE NO. 028749 Ordinance abandoning and vacating a 3,706.474 - square foot portion of a 10 -foot wide utility easement out of Wilkey Addition Unit 2, Lot E, easement being located just south of the South Padre Island Drive public right -of -way, and west of the Airline Road public street right - of -way; requiring the owners, A & W Retail, LTD, 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, Leal, Marez, Martinez, and Scott, voting "Aye ". 11.b. ORDINANCE NO. 028750 Ordinance abandoning and vacating a 1,855.980- square foot portion of a 5 -foot wide utility easement out of Wilkey Addition Unit 2, Lot 1, easement being located just south of the South Padre Island Drive public right -of -way, and west of the Airline Road public street right- of-way, requiring the owners, 4625 LTD, 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, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting August 31, 2010 — Page 6 12. RESOLUTION NO. 028751 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College, which provides a grant of up to $173,223 for an Intern Program to support Small Businesses and authorizing the City Manager or his designee to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Del Mar Small Business Incentives Agreement. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 13. RESOLUTION NO. 028752 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A &M University - Corpus Christi, which provides a grant of up to $190,635 for an Intern Program to support Small Businesses and authorizing the City Manager or his designee to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Texas A &M University - Corpus Christi Small Business Incentives Agreement. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14. RESOLUTION NO. 028753 Resolution approving an Agreement to grant Small Business Incentives between the Corpus Christi Business and Job Development Corporation and Score Chapter 221, which grants $50,000 in Small Business Incentives for the operation of a program to assist small and start -up businesses in Corpus Christi and authorizing the City Manager or his designee to execute a Business Incentives Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant small business Incentives. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 15. RESOLUTION NO. 028754 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Coastal Bend Workforce Development Board that provides a grant of up to $20,880 for Workforce Solutions' Small Business Employer Intern Program and authorizing the City Manager or his designee to execute a Small Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Coastal Bend Workforce Development Board Small Business Incentives Agreement. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes -- Regular Council Meeting August 31, 2010 — Page 7 17. RESOLUTION NO. 028755 Resolution approving a Small Business Incentives. Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for the FastTrac® Growth VentureTM Program, which will provide up to $120,000 in grants to program participants who create and retain new jobs for their businesses, and authorizing the City Manager or his designee to execute a Small Business Incentives Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Del Mar College Small Business Incentives Agreement. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 18. ORDINANCE NO. 028756 Amending Chapter 14 "Development Services," Article XIII, "Development Services Fees ", Division 1, "Technical Construction Code Fees ", Section 14 -1302, "Standardized Building Valuation"; Section 14 -1304, "Processing And Plan Review Fee"; Section 14 -1306, "Special Fees "; Section 14 -1307, "Reduced Fees "; Section 14 -1312, "Accounting "; and Section 14- 1313, "Technical Construction Code Fee Schedules ", of the Code of Ordinances, City of Corpus Christi, to provide for minimum permit fees, simplified methods to calculate Building Permit Fees and Plan Review Fees; to provide for expedited Plan Review by Internal Staff; to provide for customized Plan Review; to provide discounts of Fees to Permit Holders meeting certain requirements; to provide for Special Inspections on non - standard days and hours; to provide for Certificates of Completion to Shell Buildings; to provide for Fees for Construction Site Offices, Fees for both standard and duplicate Certificates of Occupancy, Fees for Temporary Events, Penalty Fees, Inspections Outside of the City Limits, Electrical Permit Fees, Plumbing Permit Fees, Mechanical Permit Fees, Fuel Gas Permit Fees, Swimming Pool Fees; and providing for Fees for existing applications made prior to the effective date; providing a repealer clause; and providing an effective date of October 1, 2010. (First Reading — 08/24/10) 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 amendment to the lease agreement between the City, Atlantic Aviation FBO Holdings, L.L.C., and Mercury Air Center — Corpus Christi, Inc. Council Member Kieschnick expressed concern regarding the FBO process and operations. Mr. Kieschnick asked questions regarding the type of background Express Airport Services (EAS) has with FBO operations and the reason for the extension on the contract. Mr. Kieschnick added that he feels that there is a huge disconnect between the general aviation community and the airlines and the City does not have a full handle on the contract and how it affects the operators that are currently utilizing Atlantic Aviation. Director of Aviation Fred Segundo explained that staff is recommending the contract extension due to delays in the request for qualification (RFQ) process; continued discussions for fuel contracting; and the 90 -day training period for EAS to allow for a smoother transition of FBO providers. Council Member Kieschnick spoke regarding the difference between airlines scheduled operations, charter operations, and private operations and asked to visit with staff further regarding the different needs for FBO operations. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting August 31, 2010 — Page 8 9. ORDINANCE NO. 028747 Ordinance authorizing the City Manager or his designee to execute a second amendment to the lease agreement between the City, Atlantic Aviation FBO Holdings, LLC, and Mercury Air Center — Corpus Christi, Inc., to extend the term of the lease until January 14, 2011. 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 16 regarding a small business incentives agreement between the Corpus Christi Business and Job Development Corporation and ACCION Texas. Council Member Martinez stated that in this economy, small businesses need access to commercial credit and expressed concern regarding the high interest rates. Council Member Martinez asked questions regarding the average interest rate provided by ACCION on the prior contract and the current interest rate for this contract. Vicki Garcia, ACCION, reported that the average interest rate for clients on the prior contract was between 10.5% and 18 %, with most clients receiving 12.5 %. Ms. Garcia added that the current contract is 12.5 %. Council Member Martinez said that she did not understand the reason why interest buy down was the same as the prior contract when interest rates are so low. Council Member Martinez also asked questions regarding the $50,000 pilot program. Interim Director of Economic Development Emily Martinez explained that the $50,000 is for a pilot program to provide grants. In response to Council Member Martinez, Ms. Garcia stated that the closing cost fee averaged 3% to 9% of the loan amount. Council Member Martinez said she would like to delay approval of this item until questions regarding the high interest rates and closing costs are answered. Ms. Martinez made a motion to table this item until September 14th. The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 16. TABLED TO SEPTEMBER 14TH Agreement City Secretary Chapa stated that there was an error made on the Community Youth Development (78415) Program board appointments. Mr. Chapa reported that when Father Peter Martinez was moved from the 78415 representative to the At Large position, the Council appointed three (3) At Large members and should have only appointed two (2) At Large members. Mr. Chapa stated that the Council has to decide on one (1) At Large appointment from the two (2) individuals (Barrera and Giegerich) that are expressing interest in being reappointed. Mr. Chapa stated that 51% of the membership must be 78415 residents. Mr. Marez made a motion to reconsider the board appointments. The motion was seconded by Mr. Scott and passed. A brief discussion ensued regarding the composition of the members appointed; the Youth representative no longer being a —18- Minutes — Regular Council Meeting August 31, 2010 — Page 9 78415 resident; and the Youth member required to be a representative in the Youth Action Committee (YAC). Mr. Chesney made a motion to accept the appointments made and postpone the youth appointment to allow staff to find a Youth member that resides in the 78415 area. The motion was seconded by Mr. Kieschnick. 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 recognized former Mayor Ben McDonald that who was present in the audience. * * * * * * * * * * * * * Mayor Adame announced the executive sessions, which were listed on the agenda as follows: 19. Executive Session under Texas Government Code Section 551.071 regarding the City of Corpus Christi, Texas vs. Friends of the Coliseum, Cause No. 10- 60455 -4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 20. Executive Session under Texas Government Code Section 551.071 Consultation with Attorney, regarding Time Warner Cable franchise provisions regarding public education and government access channels, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Mayor Adame advised the public that the executive session was informational only and no action was taken or will be taken in open session. * * * * * * * * * * * * Mayor Adame opened discussion on Item 22 regarding a Commercial Energy Sales Agreement for deliveries of electricity. Director of Intergovernmental Relations Rudy Garza explained that staff performed a request for proposal (RFP) process through the City's STAP consultant, RJC Energy Consulting for the electric accounts for the area served by Nueces Electric Cooperative to find better rates for service. Mr. Garza stated that this is part of the on -going efforts to audit the energy accounts and lower energy consumption and added that the annual savings to the City is approximately $15,000. Council Member Elizondo asked questions regarding the status of the energy management control for the buildings. Mr. Garza reported that the energy managementcontrol for the buildings is part of the energy efficiency block grant effort. Mayor Adame requested that staff provide the Council with a timeline for the energy management projects. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. MOTION NO. 2010 -204 Motion authorizing the City Manager to execute a Commercial Energy Sales Agreement for deliveries of electricity and necessary, related services at an energy price not to exceed 7 cents per kWh plus standard delivery services charges, effective September 2010 and -19- Minutes — Regular Council Meeting August 31, 2010 — Page 10 extending up to December 31, 2013 for certain electric accounts in the area served by Nueces Electric Cooperative. 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 23 regarding the Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook to Gollihar project and Mansheim Area Improvements. Director of Engineering Services Pete Anaya explained that since this item was tabled on August 17th, staff has conducted a series of meeting with representatives from Reytec to receive additional background information on the company. Mr. Anaya summarized the findings on Reytec including the establishment of the company in 1996; the number of employees; the capital income for 2009; that there are no liens against the Reytec over the last three years; use of local consultants; responses from interviews with other cities Reytec has worked for; and the proposed schedule. Greg T. Reyes, President and CEO of Reytec, also provided background information on the public infrastructure work performed by Reytec. Council Member Adler commended Mr. Reyes on the success of Reytec, thanked him for attending today's meeting, and said she had a great deal of confidence in his company. Ms. Adler stated that the only reason for the additional background check was due to recent experiences with other projects. Council Member Martinez thanked Mr. Reyes for being here and disclosing information about his company. Council Member Leal stated that the people in District 3 and the Mansheim neighborhood have been waiting for this project for over 43 years. Council Member Chesney congratulated Ms. Leal for this project and her commitment to District 3. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked Council Member Leal and Roland Garza for their work on this initiative for the neighborhood. Roland Garza thanked Council Member Leal for her years of service to the community and the neighborhood. The following topics pertaining to this item were discussed: whether provisions can be put in place to require property owners to be responsible for improvements made by the City to their properties and code enforcement. Ms. Leal made a motion to accept Reytec Construction Resources, Inc. The motion was seconded by Ms. Adler. City Secretary Chapa polled the Council for their votes as follows: 23. MOTION NO. 2010 -205 Motion authorizing the City Manager or his designee to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas, in the amount of $6,890,519.50 for Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook to Gollihar (Bond 2008) and Mansheim Area Improvements (CIP FY 2010) for the total base bid for Part 1 and Part 2. (TABLED ON AUGUST 17, 2010) 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 21 regarding state and federal governmental relations services. Director of Intergovernmental Relations Rudy Garza explained that the upcoming State Legislative Session is beginning next year with several big issues that the City will be following including the state budgetary issues; transportation funding; the sunset review process; and redistricting. Mr. Garza stated that the governmental relations services team included Snapper Carr -20- Minutes — Regular Council Meeting August 31, 2010 — Page 11 and Brandon Adhamalian with Focused Advocacy; Dan Pearson with Hillco Partners; and Larry Meyers with Meyers & Associates. Snapper Carr, Focused Advocacy, was available to respond to questions. The following topics pertaining to this item were discussed: whether the lobbyists provide updates on the status of the bills; communications with the local delegation; if the hotel occupancy tax is on the legislative agenda; redistricting; the rebate for beach cleaning; water rights protection; unfunded mandates; and the Big Cities Mayors' continued support for homeless funding and appraisal district changes. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21.a. MOTION NO. 2010 -201 Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and Focused Advocacy for state governmental relations services. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 21. b. MOTION NO. 2010 -202 Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and HiIICo Partners for state governmental relations services. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 21.c. MOTION NO. 2010 -203 Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and Meyers & Associates for federal governmental relations services. 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 24 regarding the assignment of a lease agreement at the Airport with MDC Corpus, LLC to TCC Davis Holdings, LLC. Director of Aviation Fred Segundo explained that MDC leased property at the airport in 1999 to construct the air cargo facility for Airborne Express. Mr. Segundo added that the facility has been vacant for approximately 12 months and staff has been trying to find a new tenant. Mr. Segundo stated that this assignment to TCC will allow a local company to expand their current operation and future operations. In response to Council Member Martinez, Mr. Segundo reported that the ground lease for the building is until 2014. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 028757 Ordinance approving the assignment of a lease agreement at the Airport with MDC Corpus, LLC, to TCC Davis Holdings, LLC; authorizing the City Manager or his designee to execute the assignment and assumption instrument between all parties. —21 — Minutes — Regular Council Meeting August 31, 2010 — Page 12 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 referred to Item 24.1. regarding the tax rate. Assistant City Manager Oscar Martinez explained that this item was for Council consideration for setting the tax rate for fiscal year 2010 -2011. Mr. Martinez referred to a powerpoint presentation including the definition of the effective tax rate and rollback tax rate; history of assessed valuations; history of ad valorem tax rates; 2010 tax rates per valuation; Council action Options 1; Council action Option 2 and proposed cuts to achieve the reduction in expenditures; updated five -year budget projections; population growth for the City; and total utility debt. Mr. Martinez added that staff is recommending the adoption of the ad valorem tax rate of $0.582269. Mayor Adame called for comments from the audience. Dan Vera, 4322 Driftwood Place, recommended consolidating fire and infrastructure costs which would allow for better visibility of firefighters on the streets and safer roads. The following topics pertaining to this item were discussed: an explanation of the rollback tax rate; restricted capacity for capital infrastructure needs; money in the fund to cover anticipated debt; whether the City would be able to fund unanticipated events as part of Option 1; leveraging $409,138 from debt service to the general fund for use as part of Option 1; proposed reductions of $1.4 million from debt services and an additional $2 million from the general fund to continue with the $0.56 tax rate as part of Option 2; the reason staff did not include projections for the consolidation /privatization efforts on the update five -year projections; and revenue received from the Appraisal District. Mr. Scott made a motion to support Option 1, setting the property tax rate of $0.582269 per $100 valuation. The motion was seconded by Ms. Adler. A brief discussion ensued regarding spending the additional $409,138 on streets. The foregoing motion was passed and approved with the following vote: Adame, Adler, Marez, Martinez, and Scott, voting "Aye "; Chesney, Elizondo, Kieschnick, and Leal, voting "No" Mr. Scott made a motion to move the $409,138 to street maintenance, increasing street maintenance to $2 million. The motion was seconded by Mr. Marez. The following topics pertaining to this motion were discussed: placing the money in reserves for future unanticipated uses; using the funding for next year's deficit; and developing a long term solution for funding street maintenance. The foregoing motion was passed and approved with the following vote: Adame, Adler, Marez, Martinez, and Scott, voting "Aye "; Chesney, Elizondo, Kieschnick, and Leal, voting "No" Mr. Chesney made a motion to direct staff to come back with an agenda item to establish a five (5) member ad hoc task force to be chaired by Pat Veteto, appointed by the Mayor to look at options to put in place a permanent mechanism for street maintenance and report back to the Council with recommendations. The motion was seconded by Ms. Martinez. A brief discussion ensued regarding possible membership suggestions including Bill Hennings; Darrell Haas; Ed Martin; and Port Industry representatives. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No ". -22- Minutes – Regular Council Meeting August 31, 2010 -- Page 13 City Secretary Chapa polled the Council for their votes as follows: 24.1.a. ORDINANCE NO. 028758 Ordinance setting a property tax rate of $0.582269 per $100 valuation; prescribing the property taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for Tax Year 2010 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Marez, Martinez, and Scott, voting "Aye "; Chesney, Elizondo, Kieschnick, and Leal, voting "No ". 21.b. ORDINANCE NO. 028759 Ordinance amending the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing the estimated revenues for ad valorem taxes in Fund No. 1020 General Fund by $409,138 and decreasing the estimated revenues for ad valorem taxes in Fund No. 2010 Debt Service Fund by $1,468,468. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Adame, Adler, Marez, Martinez, and Scott, voting "Aye "; Chesney, Elizondo, Kieschnick, and Leal, voting "No ". tad— Ordinance amending the FY 2010 2011 Operating Budget adopted by Ordinance No. 028683 by decreasing the estimated-revenues and expenditures in -Fund No. 1020 General Fund No. 2010 Debt Service Fund by $1,486,646. * * * * * * * * * * * ** Mayor Adame referred to Item 25 regarding the Fiscal Year 2011 Capital Improvement Program (CIP). Assistant City Manager of Development Services Johnny Perales referred to a powerpoint presentation including prioritization of projects; initial funding of the CIP; Option 1– life cycle replacement cost model; summary of life -cycle analysis for water, wastewater and storm water; Option 2 –funding constrained model; Option 3 – minimal funding model; and the summary of options. Assistant City Manager Oscar Martinez presented the summary of all current debt; the utility debt summary; debt obligations and revenue bond debt services; utility debt service by department; financing instruments including the commercial paper program and revenue bonds. The following topics pertaining to this item were discussed: regulatory driven projects; the total amount required to spend on an annual basis for utilities as part of Option 1; and consideration /discussion for a County -wide Drainage District during a future Council meeting. Mayor Adame called for a break on this discussion to listen to public comment. * * * * * * * * * * * ** -23- Minutes — Regular Council Meeting August 31, 2010 — Page 14 Mayor Adame called for petitions from the audience. There were no public comments. * * * * * * * * * * * * * MayorAdame returned to Item 25 regarding Fiscal Year 2011 Capital Improvement Program (CIP). Assistant City Manager Martinez returned to the presentation including the pay as you go financing instrument; bond debt service pay as you go chart; CIP policy considerations; and the adoption schedule. The following topics pertaining to this item were discussed: advantages to using the commercial paper program and the payment of bonds; commercial paper long term rate implications; amending the debt management policy; commercial paper issuance of bonds and anticipated payment schedule; the list of CI P projects and total costs by department; the date of the Iast Administration Committee meeting; revenue opportunities associated with projects; estimated rate increases over the next five years; whether the total debt includes new projects; and status of the utility master plans. * * * * * * * * * * * ** MayorAdame returned to Item 2 regarding the board appointments to the Community Youth Development (78415) Program. City Secretary Chapa reported that after the appointments, staff was notified that the state guidelines have changed regarding the composition of the board and asked that the Council consider reconsidering this item for clarification. Mr. Chesney made a motion to reconsider the appointments to the Community Youth Development (78415) Program. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * * * Under the City Manager's Report section of the agenda, City Manager Escobar announced his intention to move forward with the process of his retirement. He stated that he anticipated bringing forth an item on September 14th asking the Council's acceptance for his retirement to be effective January 4, 2011 subject to finalization of an agreement with the Mayor and City Attorney. Mr. Escobar stated that this time would allow the Council to begin a search and transition to a new City Manager. Mr. Escobar highlighter his accomplishments over his tenure including the completion of the budget and tax rate; the Bond 2008 projects; the Memorial Coliseum; replacement of the ball fields at South Guth Park, and various other projects. * * * * * * * * * * * * * There being no further business to come before the Council, MayorAdame adjourned the Council meeting at 4:32 p.m. on August 31, 2010. * * * * * * * * * * * * * 2 a. COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE — Seven (7) vacancies with terms to 8 -31 -11 and 8- 31 -12, 4 must reside in the 78415 Zip Code Area including one youth. (Youth member must be active in Youth Action Committee) (Note: While State requirements for 78415 representatives have been relaxed staff is recommending that appointments be made under the current guidelines. The committee will in the future review the guidelines and may make recommendations to the Council regarding the composition of this board.) DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (11) voting members with two -year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. Terms are for two years. State guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines require that no members of the committee may be related to each other. State guidelines also require that no individual who is employed by the Fiscal Agent (City of Corpus Christi) or any organization submitting a proposal for funding through the CYD Program. or their immediate family members, may serve on the committee. ORIGINAL MEMBER TERM APPTD. DATE *Fr. Peter Martinez 8 -31 -10 2 -19 -08 *Belinda Barrera 8 -31 -10 10 -13 -09 Sal Hernandez (78415 Resident) 8 -31 -11 2 -10 -09 *Jean Marie Giegerich 8 -31 -10 6 -09 -09 *Linda Moyer (78415 Resident), Chair 8 -31 -10 2 -19 -08 Rosa "Linda" Rincon (78415 Resident) 8 -31 -11 1 -16 -07 Shon Jimenez 8 -31 -11 2 -23 -10 ***Rosa E. Pizzi (78415 Resident) 8 -31 -11 8 -18 -09 **Jim Boller 111 8 -31 -10 2 -19 -08 ** *Belissa Perea (Youth) (78415 Resident) 8 -31 -10 10 -13 -09 Xiao Bohannon (Youth) 8 -31 -11 11 -18 -08 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME T HIS TERM PRESENT LAST TERM YEAR Fr. Peter Martinez 4 2(2exc) 50% Belinda Barrera 3 1 33% Jean M. Giegerich 4 3 75% Linda Moyer (78415 Res.) 4 4 100% OTHER INDIVIDUALS EXPRESSING INTEREST 78415 RESIDENTS Melanee Gonzalez Senior, Mary Carroll High School. Activities include: Youth Action Committee. (78415 Resident) (Youth) (8- 25-10) Sandra M. Rivera Lottery Specialist, Texas Lottery Commission. Attended Del Mar College. Received BBA and MBA from University of the Incarnate Word. Activities include: HEB Feast of Sharing, Angel Food Ministries, Bayfest, Habitat for Humanity and State Charitable Campaign. Recipient of South Texas Academic Rising Star. Scholarship and Hispanic Scholarship Fund/Wal -Mart Stores, Inc. (78415 Resident) (6 -8 -10) Marisa Chelsea Sanchez Senior, Mary Carroll High School. Activities include: Youth Action Committee, YMCA Youth and Government Committee. (78415 Resident) (Youth) (8- 26 -10) Norma Solis Teacher, Corpus Christi Independent School District. Received BS in Elementary Education with Bilingual Certification and MS for School Counselor. (78415 Resident) (5- 28 -09) Jesus M. Trevino Currently attends College. (78415 Resident) (8- 26 -09) NON 78415 RESIDENTS Angelica Carmona Salon Manager, Planet Sol Hair Salon. Attended Texas A &M University - Corpus Christi. Activities include: Corpus Christi Pregnancy Center, Mission 911, and City Church Corpus Christi. Graduate of Leadership Corpus Christi Class 37. (6 -5 -09) Sandra Clement Jeremy Coleman Susie Crowson South Park Middle School Principal, Corpus Christi Independent School District. Received Bachelor of Science, Master of Science in Counseling and Master of Science in Educational Administration from Texas A &M University - Corpus Christi. Activities include: National Association of Secondary School Principals, Phi Delta Kappa, and Corpus Christi Principal and Supervisors Association. (6 -5 -09) Secretary, St. John Baptist Church. Currently attending Del Mar College. Activities include: Nueces County Community Action Agency, Mayor's Advisory Board, Brooks Chapel Early Childhood Center, Youth Council and Foundation of Corpus Christi, Camp Fire U.S.A., N.A.A.C.P., and State of Texas Student Council Association. (1- 25 -09) Assistant Professor, Del Mar College. Received BA and MA from Texas Tech and PhD from Texas Woman's University. (4- 29 -09) Jeff Fonseca Owner, Green Tree Lawn Care. (7- 31 -09) William Paul Hunt Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Aix Shed Committee. Activities include: Tutoring. (6 -4 -09) Sandra L. Jackson Equipment Specialist, Corpus Christi Army Depot. Received Associates Degree in Liberal Arts from Del Mar College. Attending Texas A &M University - Corpus Christi. Activities include: NAACP, Blacks in Government -Vice President and Black Writer's Association. (5- 21 -09) Dee Lewis Director of Operations, Superior HealthPlan. Received BSW and MBA. (1- 11 -10) Armando Mendez Gerard Navarro, Jr. Sylvia T. Portales Eulalia Puentes Scot Taylor Steve Trubatisky General Clerk III, L-3 Communications and Equipment Specialist, Corpus Christi Army Depot. Received BBA in Business Administration from Texas A &M University - Corpus Christi. Activities include: Bay Area Fellowship Member and Sigma Phi Epsilon Alumni Association of Corpus Christi. Recipient of Senior Marshall Sigma Phi Epsilon Award, Leadership Award Sigma Phi Epsilon and Omicron Delta Epsilon Economics Honor Society. (5 -7- 10) Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (5- 14 -09) Appraiser IV, Nueces County Appraisal District. Attended Business College. Past Regional Director of TAAO. Activities include: Local Coastal Bend Chapter TAAO. (9- 9-09) Retired. Attended College. Formerly Served as Commissioner of Housing Authority. Activities include: Elections. (2 -9 -10) Store Manager, Factory Builder Stores. Activities include: Builder Association of Corpus Christi. (8- 11 -09) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) b. MUSEUM OF SCIENCE AND HISTORY ADVISORY COMMITTEE - Five vacancies with terms to 9 -1 -13 representing the following categories: 2 — nominated by the Museum Auxiliary, 1 -- nominated by the Friends of the Museum and 2 — regular members. (Appointed by the Mayor with advice and consent of the Council) DUTIES: To consult with the Museum Director on operation of the museum, to act as advisory to the City Council on matters pertaining to the operation, support, and development of the Corpus Christi Museum. COMPOSITION: Twelve (12) members appointed by the Mayor, with advice and consent of the Council, to be selected as follows: 1 nominated by CCISD Board; 3 nominated by Friends of the Museum; 2 nominated by Museum Auxiliary; and 6 by the Mayor who shall seek suggestions from Friends of the Museum, Museum Auxiliary, Museum Advisory Board, and from Board of Trustees of other Corpus Christi school districts. Ex- officio members shall include the City Manager and Superintendent of CCISD or their designated representatives. The term of each advisory member shall be three years. MEMBERS Scott Sutherland *Thomas Kimes (Museum Aux.), Vice Chair *Shannon Madden Dr. Robert Hatherill (Friends of the Museum) Lucia Inez Sosa (Friends of Museum) *Kathy N. Juneau (Museum Auxiliary) Linda Torno (CCISD) *Jim Moloney (Friends of the Museum), Chair Georganne Gasaway Dr. Jonda Halcomb *Kimberly Harris -Ward Pablo Arturo Garza City Manager CCISD Superintendent Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation TERM 9 -01 -11 9 -01 -10 9 -01 -10 9 -01 -12 9 -01 -11 9 -01 -10 9 -01 -12 9 -01 -10 9 -01 -11 9 -01 -12 9 -01 -10 9 -01 -12 Ex- officio, Ex- officio, ORIGINAL APPTD.DATE 3 -09 -10 9 -11 -07 9 -23 -08 12 -20 -05 9 -11 -07 9 -11 -07 12 -20 -05 9 -11 -07 2 -12 -08 10 -10 -06 9 -11 -07 10 -13 -09 nonvoting nonvoting ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Thomas Kimes (Museum Aux) 11 10 (lexc) 91% Shannon Madden 11 9 (2exc) 82% Kathy N. Juneau (Museum Aux) 11 8 (3exc) 73% Jim Moloney (Friends Museum) 11 7 (4exc) 64% Kimberly Harris -Ward 11 4 (4exc) 36% OTHER INDIVIDUALS EXPRESSING INTEREST Kristin Aldrighetti Mona Baen Angelica Carmona Jeremy Coleman Currently Attending College. Received BBA in Marketing from The University of Texas at San Antonio and MS in Secondary Education from Texas A &M University - Corpus Christi. Activities include: Co- Sponsor for Future Business Professionals of America and Sponsor for Helping Hands Youth Community Service Organization. Recipient of CPS Volunteer Award. (10 -5 -09) President, Stewart Title. Activities include: Executive Women's International, Rotary Club, and CCAR. (5 -13- 09) Salon Manager, Planet Sol Hair Salon. Attended Texas A &M University - Corpus Christi. Activities include: Corpus Christi Pregnancy Center, Mission 911, and City Church Corpus Christi. Graduate of Leadership Corpus Christi Class 37. (6 -5 -09) Secretary, St. John Baptist Church. Currently attending Del Mar College. Activities include: Nueces County Community Action Agency, Mayor's Advisory Board, Brooks Chapel Early Childhood Center, Youth Council and Foundation of Corpus Christi, Camp Fire U.S.A., N.A.A.C.P., and State of Texas Student Council Association. (1- 25 -09) Timothy Scott Craig Pipefitter, Kiewitt. Received A.A.S. in Drafting Technology from Victoria College. (12 -7 -09) Susie Crowson Timothy Goss Meredith N. Grant Assistant Professor, Del Mar College. Received BA and MA from Texas Tech and PhD from Texas Woman's University. (4- 29 -09) Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (4- 21 -09) Homemaker. Received B.A. in English from Texas A &M University- Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10- 14 -08) Daniel Hall Self- Employed, Speaker and Writer. Received a Bachelor of Science in Nursing and a Juris Doctorate. Activities include: Board of Directors for the south Texas Family Planning and Health Corporation. (2 -5 -10) Kevin Horrigan Marketing Manager, South Texas Lighthouse for the Blind. Attended Darden School of Business, University of Virginia. Activities include: Volunteer at Lighthouse for the Blind. Recipient of the Milton J. Samuelson Award for 2009. (1- 21 -09) Aaron Hoss Advanced Metal Finishing Facility Work Leader, Corpus Christi Army Depot. United States Army Veteran. Activities include: Head Elder of Local Church. (7 -13- 10) William Paul Hunt Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Anthony John Mulheron Aircraft Production Lead, AECOM. Attending Del Mar College. Activities include: Wounded Warrior Project Soldier, Independence Masonic Lodge 1337 and HEART — Hero's Assistance Program. Recipient of Army Achievement Civilian Award. (12 -7 -09) Monica Pena -Moore Judith Prewitt, Ph.D. Michael O. San Miguel Andrew G. Smith Ernest M. Trevino, Jr. Michael Tromm Director of Special Events, Corpus Christi Chamber of Commerce. Activities include: Cub Master, Wednesday Morning Group, National Multiple Sclerosis Society, and American Cancer Society -Relay for Life. (12 -1 -08) Educator/Tutor, Texas A &M University- Corpus Christi, US Veteran's Administrator, and Texas DARS. Owner, Prewitt Professional Partnership. Received B.A. in Mathematics with Physics and Engineering from Swarthmore College, M.A. in Mathematics from University of Pennsylvania Graduate School of Arts and Sciences, and Ph.D. in Mathematics from Uppsala University, Sweden. Activities include: Society of Sigma Xi Life Member - Secretary of South Texas Chapter. (5- 15 -09) (Currently Serves on the Arts and Cultural Commission, but will resign if appointed to this Committee) Received BS from University of Texas -San Antonio. Formerly Served on Small Business Advisory Board. Participated in City of Corpus Christi Citizen University (2007). Activities include: CompTIA and Pearson. (10 -6- 09) Business Consultant, Education Service Center Region 2. Received BBA in Accounting from University of Texas at Austin and Master of Public Administration from Texas A &M University - Corpus Christi. Activities include: Texas Association of School Business Officials, Church and Sailing. (2 -5 -10) Retired, United States Postal Service. Received AA from Del Mar College. Served in the United States Air Force. Activities include: Volunteer at USS Lexington. Recipient of. Good Conduct Medal, United States Air Force. (12 -26- 08) Preshop Analysis Engine Examiner, Corpus Christi Army Depot. Attended Del Mar College and General Motors University of Automotive Management. Served in the United States Air Force. Activities include: Maxine Flournoy Third Coast Squadron of the Commemorative Air Force. Recipient of Commemorative Air Force Silver Magnolia Award. (1- 12 -09) Steve Trubatisky Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 9/14/2010 AGENDA ITEM; RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -10 -4 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $181,017.60. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds are available through the Meals on Wheels and Elderly Nutrition Grants. Ben E. Keith San Antonio. Texas 100 Line Items $64,052.30 LaBatt Food Service Corpus Christi, Texas 99 Line Items $51,041.58 Grand Total: $181,017.60 Performance Food Group Victoria, Texas 60 Line Items $65,923.72 ISSUE: Each year the City receives funds from State and Federal grants. Several grants are structured to support the elderly in the community. These food items will be used by Senior Community Services for the Elderly Nutrition Program. The food is prepared at the Senior Community Service Kitchen and served at the Senior Citizen Centers and also delivered to household throughout the City. Approximately 138,724 meals will be prepared and served over the six month contract period. REQUIRED COUNCIL ACTION: AD contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Michae arrera Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 BACKGROUND INFORMATION The food items are combined under a cooperative bid issued by the Coastal Bend Council of Governments (CBCOG). Participating members are comprised of the City of Corpus Christi, Aransas Council of Aging, Duval County Elderly Program, Bee Community Action Agency, Community Action Corporation of South Texas (C.A.C.O.S.T.) headquartered in Alice, Texas, Kleberg County Human Services, Live Oak County Elderly Program, Nueces County Senior Community Services, and Refugio County Elderly Services. Each entity enters into their own contract with the recommended suppliers. The City of Corpus Christi represents approximately one third of the total items awarded under the cooperative bid. Award Basis: The recommended award is based on only bid, low bid, and low bid meeting specifications. Items awarded as low bid meeting specification are based upon the quality and/or packing standards identified in the bid documents. These contracts are supported through State and Federal grant funding. COUNCIL OF GOVERNMENTS- STAPLES, MEAT & OTHER FROZEN FOODS SENIOR COMMUNITY SERVICES Council Date: September 14, 2010 Award Summary: CBCOG -10 -4 Ben E. Keith San Antonio, Texas One hundred items consisting of canned fruit, canned vegetables, dried vegetables, canned meat, condiments, dressing, relishes, soup & bases, spices, starches and pasta, sugar & products, miscellaneous products, fresh produce, beef, pork, poultry, frozen vegetables, bread, dairy and frozen meals LABATT FOOD SERVICE Corpus Christi, Texas Ninety -nine items consisting of canned fruit, canned vegetables, dried vegetables, condiments, dressing, juices, oil & shortening, relishes, soup & bases, spices, starches and pasta, sugar & products, miscellaneous products, fresh produce, beef, poultry, prepared products, frozen vegetables, bread and dairy Performance Food Group Victoria, Texas Sixty items consisting of canned fruit, dried fruit, canned vegetables, dried vegetables, canned meat, condiments, dressing, juices, oil & shortening, spices, starches and pasta, beef, pork, poultry, prepared products, frozen vegetables and dairy $64,052.30 $51,041.58 $65,923.72 Grand Total: $181,01760 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 9/14/2010 AGENDA ITEM: RECOMMENDATION: Motion authorizing the purchase of specialized equipment for a total amount of $112,273 utilizing funds from the 2008 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. ISSUE: The U. S. Department of Homeland Security annually issues grants to the State of Texas. The Governor's Division of Emergency Management serves as the State's agent for the various grant programs. These funds provide first responders with enhanced capabilities for detecting, deterring, disrupting, preventing and responding to potential threats of man made, natural disaster and acts of terrorism. On December 16, 2008 the City Council approved to accept a grant in the amount of $1,500,730 from the Division of Emergency Management, Office of the Governor, to carry out designated homeland security activities as part of the 2008 Homeland Security Grant Program. The funds are provided for projects to enable communities to better prepare for and respond to terrorist incidents. A need analysis has been conducted and specialized equipment has been identified. A bid has been secured for the specialized equipment totaling $112,273. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Mic' IfkBarrera Assistant Director of Financial Services mikeb @cctexas.com 361 - 826 -3169 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/14/2010 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $247,696 from the U. S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation, 50% of the funds to be distributed to Nueces County under an established interlocal agreement and to execute all related documents. B. Ordinance appropriating $247,696 from the U. S. Department of Justice, Bureau of Justice Assistance in the No. 1061 Police Grant Fund to purchase law enforcement equipment for the Police Department and Nueces County, and declaring an emergency. ISSUE: The Department of Justice provides funding opportunities each year in an effort to reduce crime and improve public safety through various methods, including the procuring of equipment, technology, and other material directly related to basic law enforcement functions. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating the funds PREVIOUS COUNCIL ACTION: Approval to enter into an interlocal agreement with Nueces County and permission to submit the grant on 06/2212010. FUNDING: There is no match required of the grant. Funds are available for a 4-year period beginning 10/01/2009 (the first fiscal year of the appropriation) CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. D. Troy Riggs Chief of Police troyr(7 cctexas, cor 886 -2603 Attachments: • Award document from U.S. Department of Justice • lnterlocal Agreement with Nueces County BACKGROUND INFORMATION The JAG funds have been received for 6 years; prior to that they were known as the Law Enforcement Block Grant funds. Since 1999, we have been declared a disparate jurisdiction and have agreed to split the funds 50/50 with Nueces County; each entity filed an application separately and handled financial and performance reporting separately. A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one half times more (four times more for multiple units of local government) than another constituent unit(s), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). Under the new guidelines, jurisdictions certified as disparate were required to submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds to be distributed to each of the units of local govemment and the purposes for which the funds will be used. The JAG application process required an interlocal agreement with Nueces County indicating who would serve as the applicant/fiscal agent for the joint funds. The City and County staff met and agreed that the City would serve as the lead agency. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs With this award, the program has provided a total of $4,847,934 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 compliance, and other police equipment. The Police Department proposes to purchase law enforcement equipment within the Attorney General Priority areas of gang enforcement/prevention, cyberc rime, and intelligence analysis. Nueces County will use their funds for a Drug Prosecutor in the District Attorney's office and replacement of laptops to touch screen computers, software updates, and installation in the vehicles. Department of Justice r , Office of Justice Programs Bureau of Justice Assistance Grant PAGE 1 OF 5 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christ's, TX 78401 4. AWARD NUMBER: 2010 -DJ -BX -0851 5. PROJECT PERIOD: FROM 10/01/2009 TO 09/30/2013 BUDGET PERIOD: FROM 10/01/2009 TO 09130/2013 6. AWARD DATE 08/23/2010 7. ACTION Initial IA. GRANTEE IRSIVENDOR NO. 746000576 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE Law Enforcement Equipment and Hiring Project 10. AMOUNT OF THIS AWARD $ 247,696 I I. TOTAL AWARD $ 247,696 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY10 (BJA - JAG) 42 USC 3750, et seq. 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL James H. Burch IL Acting Director 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Angel Escobar City Manager 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 247696 21. .IDJUGT1790 OJP FORM 4000/2 (REV. 5 -87) PREVIOUS EDITIONS ARE OBSOLETE. 01P FORM 4000/2 (REV. 4-88) aoloact? GM APPLICATION NUMBER o26 /d _ S'O THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF NUECES INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE COUNTY OF NUECES, TEXAS EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FY 2010 LOCAL SOLICITATION AWARD This agreement is made and entered into this 26th day of May , 2010, by and between the CITY of CORPUS CHRISTI, acting by and through its governing body, the City Council, hereinafter referred to as CITY, and the COUNTY of NUECES, acting by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY, both of Nueces County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code: and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50 %) of the eligible individual allocation of funds received for CITY and COUNTY from the JAG award, currently estimated to be $123,848; WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. GMS APPLICATION NUMBER NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of fifty percent (50 %), or a current estimate of $123,848, of the JAG funds received from this award. Section 2. COUNTY agrees to use the fifty percent (50 %), or a current estimate of $123,848, of JAG funds received from CITY under this agreement for the enhancement of law enforcement between October 1, 2010 to September 30, 2014. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. GMS APPLICATION NUMBER CITY 9F CORPUS CHRISTI COUNTY . F NUECES 'A el R. Escobar City Manager Date /3.2-fro Armando Chapa City Secretary 4/2....21/ 0 Date APPROVED AS TO FORM: T. Trisha Dang Assistant City Attorney County Attorney Sa uel L. Neal, Jr. County Judge rCeL, Dierra -Ba rera Nutt( County Clerk Date CAA Laura Garza Jime• 3-406, tfQ, 20 to Date /Zs! 02Ate AUTHORIZED HT CoUHCit .12604e. hv"(E- 1) a-o/O to ORDINANCE APPROPRIATING $247,696 FROM THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE IN THE NO. 1061 POLICE GRANT FUND TO PURCHASE LAW ENFORCEMENT EQUIPMENT FOR THE POLICE DEPARTMENT AND NUECES COUNTY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $247,696 is appropriated from the U.S. Department of Justice, Bureau of Justice Assistance into the No. 1061 Police Grants Fund to purchase law enforcement equipment for the Police Department and Nueces County. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of September, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: Au t 24, 2010 T. Trisha Dang Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor, City of Corpus Christi 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 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/14/2010 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept funding in the amount of $1,350 from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department. B. Ordinance appropriating $1,350 in the General Fund No. 1020 from a Grant from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenue and expenditures in the General Fund No. 1020 by $1,350 each; and declaring an emergency. ISSUE: The Police Department has received grant funds from Target that must be accepted and appropriated. BACKGROUND: The Police Department has been awarded a law enforcement grant from Target in the amount of $1,350 for the purchase of a digital camcorder and CDIDVD duplicator to assist the Repeat Offender Program. The program focuses on the small number of offenders who are committing the vast majority of property related crimes. The camcorder will be used for surveillance, recording crime scenes, documenting search warrants, and recording interviews/interrogations in locations outside the Police Department. The duplicator is used for duplicating surveillance videos for filing criminal cases. REQUIRED COUNCIL ACTION: Accept the grant and appropriate the funds. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. Attachments: ✓ Award document ✓ Deposit slips . Troy Rugs Chief of Police trovr(a,cctex scorn 886 -2603 1(8/12/2010) Greg Shipley- Your Target grant request Page 1 From: application .notification @target.com> To: <Gregsh @cctexas.com> Date: 8/10/2010 11 :16 AM Subject: Your Target grant request Corpus Christi Police Department 2010 -2011 Program: A Canon Vixia HG20 digital Camcorder and a Vinpower CD /DVD Duplicator Amount $1,350.00 Dear Mr. Shipley: Target is pleased to inform your organization that a grant has been approved specifically for the program and amount referenced above. Your grant check should arrive in the next few weeks. Please note that your grant check is void if it's not cashed within five months. If you choose to produce any announcements or articles in recognition of this grant, we ask that you identify us as "Target ". Resources to help you promote your partnership with Target are available at <http: / /www.target. comlma rketin gresou rces >. As always, Target grants are one -time gifts. By making annual commitments, we ensure we can remain flexible and respond to changing community and business needs. Since 1946, we have given 5% of our income to the communities we serve, equaling more than $3 million every week Our more than 1,700 Target stores carry on this tradition by making local grants and providing volunteer hours. We are proud to partner with organizations like yours to meet the needs of our communities. Whether its inspiring young minds, offering unique cultural experiences or meeting your community's most basic needs; we thank you for your continued commitment to making a difference. In 1990, Target established the Law Enforcement Grant Program. This program supports law enforcement and public safety organizations working to make our communities safer. Since its inception, the Law Enforcement Grant Program has awarded millions of dollars to local law enforcement efforts. You will receive a second email directing you to your account and requesting you fill out and submit a "Charitable Contribution Receipt" as required by Internal Revenue Services guidelines. After you receive your grant check, please follow the directions from that email, and submit your "Charitable Contribution Receipt" electronically. If you have any questions, please email Community.Relations@Targetcom. Sincerely, Target Assets Protection The Mailbox which generated this email does not receive messages. It is a box for grant notifications only. L301U0 CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: Processed Dept: '1% lM ted Reviewed bylitlida, Date: )ixt: c LD 13 Bank Bag #: e w * PAY CODE ACCOUNT FUND ORG. PROJECT/ GRANT BUDGET YEAR AMOUNT REMARKS 99 __ Sawn) !kw 1)laD av -lo _ 3 00 Ile- CASH VERIFICATION COUNT CURRENCY SIOOs $ 50s AMOUNT S 20s $ IOs $ 5s $ Is COIN 5030 $ $0.25 $ 50.10 $ 50.01 $ CASH SUBTOTAL CHECK TOTAL (include tape) SUBTOTAL CREDIT CARD (include tape) GRAND TOTAL * 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. (i.e., 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 —62 H ILI H fl• .• a_ H a. N d z w O w Q` G 1 Z • W a. n v 0 W MD M1 Q � en a 0 re N _. m Go a. Q' 1- W 0010.2 Q Qo �. l Qap E 1 a 47; 7- CURRENCY COIN ,1 a Receipt # 1 Check# 1101 27980 1: i 140000931: CORPUS CHRISTI POLICE ..NT NUMBER CODE ..EY XIA HG20 DIGITAL CAM 1 VENDOR NO. 000597287 1 OF 1 DOC. DATE, 07/18/10 GROSS AMOUNT 1350.00 DISCOUNT AMOUNT 0.00 NET AMOUNT 1350.00 GROSS AMOUNT 1350.00 DISCOUNT AMOUNT 0.00 NET AMOUNT 1350.00 PLEASE PROVIDE CHECK VENDOR it AND DOCUMENT # WHEN WRITING OR CALL TARGET (763)440-1002 DATE OF CHECK 08/05/10 *CODE 1- INVOICE NO. 3 - DEBIT MEMO NO. 2- CREDIT MEMO NO. CHECK NO. _ 1195443 REMOVE DOCUMENT ALONG THIS PERFORATION 4-rils-oftrj—kit,flr0 -#1.10117VOL5tikado- -4eFT,-o matt`441,bacoV-. Target P.O. Box 1296 1,0404weirol7-1,Frewiroone.1.11.H0Beadvila. A- . Minneapolis, MN 55440-1296 l!f PAY ONE THOUSAND THREE HUNDRED FIFTY AND 00/100 TO THE CORPUS CHRISTI POLICE ORDER DEPARTMENT OF 321 JOHN SARTAIN BLVD CORPUS CHRISTI TX 78401-2511 DATE 08/06/2010 0000 L L9 B I13II 1:09 2905 1681: 49 9000964 2" -63- 93-516 929 1195443 4990009642 NET AMOUNT I CI-IECK NO- 1 *1,350.00 THIS OHO( IS WO IF NOT CASHED'OM-IIN 5 MONTHS ORDINANCE APPROPRIATING $1,360 IN THE GENERAL FUND NO. 1020 FROM A GRANT FROM TARGET FOR THE PURCHASE OF EQUIPMENT TO ASSIST THE REPEAT OFFENDER PROGRAM FOR THE POLICE DEPARTMENT; CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 BY INCREASING REVENUE AND EXPENDITURES IN THE GENERAL FUND NO. 1020 BY $1,350 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,350 is appropriated in the General Fund No. 1020 from a Grant from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenue and expenditures in the General Fund No. 1020 by $1,350 each; and declaring an emergency. 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 September 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: August 24, 2010 T. Tilsha Dang Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, Ilwe request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor, City of Corpus Christi 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 7 AGENDA MEMORANDUM City Council Action Date: September 14. 2010 AGENDA ITEM: ITEM A: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $202,923 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS. ITEM B: ORDINANCE APPROPRIATING A GRANT OF $202,923 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE ESSENTIAL PUBLIC HEALTH SERVICES; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $202,923 to provide funding for public health services. The contract provides the Health District with financial assistance for expenses to support the provision of essential public health services including disease investigation and surveillance, laboratory services and environmental health services. The contract period is from September 1, 2010 through August 31, 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. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance as presented. Annette Rodriguez, M.P.H. Director of Public Health annetter(a7cctexas.com 3ti 1 -826- (z05 BACKGROUND INFORMATION This item is a grant that has been provided to the Health District from the DSHS for many years. The purpose of this funding is to strengthen and improve local public health infrastructure and to increase local jurisdiction's abilities to provide essential public health services. The grant provides for six staff salaries. Activities supported by this funding include provision of laboratory and environmental health services, diagnosis, investigation, and surveillance and prevention of communicable diseases, and community health education. No matching funds are required. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $202,923 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE ESSENTIAL PUBLIC HEALTH 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 of $202,923 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 25, 2010 AO y_/i Eliza h R. Hundley Assi nt City Attorney for the City Attorney EHres275 —71— 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 EHres275 _72_ AN ORDINANCE APPROPRIATING A GRANT OF $202,923 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE ESSENTIAL PUBLIC HEALTH 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 $202,923 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide essential public health 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: August 25, 2010 liz- • -th R. Hundley Ass ant City Attorney for the City Attorney EHord315 —73— 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 EHord315 -74- 8 AGENDA MEMORANDUM City Council Action Date: September 14, 2010 AGENDA ITEM: ITEM : A motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Unit of the Health Department and for the payment of record fees in the amount of $1.83 per printed record due to the State. ISSUE: This contract formalizes an agreement between the Department of State Health Services and the City of Corpus Christi to provide the City with access to the State's database of vital records. The City's Office of Vital Statistics will be able to print copies of vital records as certificates for consumers and will pay $1.83 to the State for each record printed. The City, in turn, collects a fee from the consumer for the issued certificate. REQUIRED COUNCIL ACTION: Approve execution of contract. PREVIOUS COUNCIL ACTION: Council approved contract FY08 -10. FUNDING: There is no match funding. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion. as presented. Annette Rodriguez, M.P.H. Director of Public Health annetterna cctexas.com 3t51 -� ?6 -f�05 BACKGROUND INFORMATION The Office of Vital Statistics is administered by the Health Department. During the FY08- 09, there were 20,546 birth certificates and 18,217 death certificates were issued by this office. In order to issue these certificates, there must be access to the State's database of vital statistics information. This contract formalizes an agreement to provide this access. The fee of $1.83 is unchanged from that which has been charged previously by the State. In addition to the fees paid to the State, the City agrees to maintain documentation of certificates generated and to purchase supplies and equipment necessary to print the certificates. The cost of printing the certificates and paying the $1.83 fee to the State is offset by the fees charged to the consumer. The current fee for a birth certificate is $23.00 and a death certificate is $21.00. These fees are set by the State. DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2011- 036120 -001 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Performing Agency), an agency of the State of Texas, for DSHS Program Vital Statistics Unit and CORPUS CHRISTI- NUECE$ COUNTY PUBLIC HEALTH DISTRICT (CITY) (Receiving Agency), a Government Entity, (collectively, the Parties). 1. Purpose of the Contract. Performing Agency agrees to provide and Receiving Agency agrees to purchase the services and /or goods as described in this Contract. 2. Total Amount of the Contract. The total amount of this Contract shall be determined by the number of birth certificates printed as a result of searches of the database. 3. Term of the Contract. This Contract begins on 09/01/2010 and ends on 08/31/2012. The Parties are not responsible for performance under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 4. Authority. Performing Agency enters into this Contract under the authority of Health and Safety Code, Chapter 1001. If this is an interagency, contract authority is also granted through the Texas Government Code, Interagency Cooperation Act, Chapter 771 et seq, If this contract is an interlocal, contract authority is also granted through the Texas Government Code, Interlocal Cooperation Act, Chapter 791 et seq. 5. Documents Forming Contract. The Contract consists of the following: a. Core Contract (this document) b. Exhibits, if applicable 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 Performing Agency and Receiving Agency and incorporated herein through written amendment. This Contract may be modified within the Contract period by written amendment signed by both Parties. 6. Statement of Work. Performing Agency agrees to provide on -line computer services in support of Receiving Agency from 7:00 a.m. to 6.00 p.m. Monday tlu-u Friday, except holidays. In the event of an emergency 92648 -f _79_ or computer application error, Performing Agency may temporarily suspend services without advance notice. Receiving Agency will search Performing Agency databases, locate data, and issue Certifications of Vital Records to authorized individuals requesting such data. The certifications will be in a format formally approved by Performing Agency. No Iimit will be established on the number of searches per month not resulting in issuance of a certification, provided the number is reasonable. Receiving Agency will acquire the necessary data processing equipment, communications, hardware or software, and purchase "bank note" paper, as specified by Performing Agency. Performing Agency will assist in connection of the equipment, furnish software program and provide technical assistance, if necessary. Receiving Agency acknowledges that records may not be located in the searching process instituted by Receiving Agency or records, which are located, may have errors due to: A) normal key -entry errors in spellings; B) accidental failure on the part of the Performing Agency to update a file for an amendment or paternity determination; and C) the event year does not exist on the system. Receiving Agency will notify Performing Agency in writing, at least monthly of errors or suspected errors that exist on the data base information. Receiving Agency is to maintain an inventory control and account for each document produced on "bank note" paper, including voided documents. Receiving. Agency is responsible for maintaining a system of vital record keeping that is in accordance with Chapters 195 of the Health and Safety Code and the regulations adopted there. under. 7. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by DSHS or goods provided under this Contract: Name: Department of State Health Services Address: 1 100 West 49°x' Street Austin, Texas 78756 -3199 Vendor identification Number: 35375375371000 8. Payment Method. Fee for Service 92646 -1 _80_ Receiving Agency agrees to reimburse Performing Agency $1,83 (One Dollar and 83/100) for each Certification of Vital Record printed as a result of searches of the database. Receiving Agency agrees to charge the same base search fee for a birth certificate as Performing Agency. Additional fees may only be charged as authorized by Texas Health and Safety Code 191. 9. Billing Instruction. Performing Agency will submit a monthly itemized billing showing the number of transactions by date to Receiving Agency and payment will be made no later than thirty (30) days following the billing date. Payment will be considered made on the date postmarked. 10. Confidentiality. Parties are required to comply with state and federal laws relating to the privacy and confidentiality of patient and client records that contain Protected Health Information (PHI), or other information or records made confidential by law. Receiving Agency will maintain sufficient safeguards to prevent release or disclosure of any information obtained hereunder to anyone other than Receiving Agency employee(s) or those who have an official need for the information and are authorized to receive such records. Receiving Agency further agrees records obtained and issued, as specified under this contract, will be used for purposes as herein set out and the use ofthese records or data for other purposes must be agreed to in writing by both parties. 11. Security of Patient or Client Records. Receiving Agency agrees that all data received from Performing Agency shall be treated as confidential, and ensure all information provided to outsourced entities remains confidential and utilized as specified in any pertinent written agreements. Data will not be used for any purpose other than that specifically set forth herein. Data will not be made available to any other individual or organization without proper consent. Data will be maintained to prevent unauthorized access and will not be used to track back to any individual or organization identified by the data. Receiving Agency agrees to implement all reasonable and necessary procedures to ensure that only authorized users will have access and will notify Performing Agency immediately should it detect a security violation by one of its employees or any other person, Receiving Agency is responsible for insuring that authorized Receiving Agency employee(s) use only their own individual passwords while logged into Performing Agency on -line computer applications. Performing Agency will inactivate any individual who does not use their account for ninety (90) days. Receiving Agency shall notify Performing Agency of all branch locations. 12, Suspension of Services Under This Contract. In the event of an emergency or computer overload, Performing Agency may temporarily suspend services without advance notice. This Contract may be immediately suspended upon reasonable suspicion by Performing Agency that the terms of this Contract have been violated. Performing Agency further reserves the right to terminate this Contract if, after reasonable notice and investigation, it is concluded that a vio lation ofthis Contract has o ccurred. 92648 -1 —81 — 13. Liability for Harm. It is expressly understood that Performing Agency makes no guarantee of accuracy regarding the data provided to Receiving Agency under this contract. 14. Termination. This Contract may be terminated by mutual agreement of both parties. Either party may terminate this Contract by giving 30 day's written notice of its intent to terminate. Written notice may be sent by any method, which provides verification of receipt, and the 30 days will be calculated from the date of receipt. This Contract may be terminated for cause by either party for breach or failure to perform an essential requirement of the Contract. Performing Agency reserves the right to limit or cancel access under this Contract should Performing Agency determine that is has insufficient capacity in its computer system to maintain cun•ent levels of transactions by Receiving Agency and /or that continued access by Receiving Agency is detrimental to the overall efficiency and operation of Performing Agency's computer systems. Any such (imitation or termination of services will be upon written notice to Receiving Agency by Performing Agency. Upon termination of all or part of this Contract, Department and Receiving Agency will be discharged from any further obligation created under the applicable terms of this Contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination. 15. Terms & Conditions. A. Federal and State Laws, Rules and Ordinances. Parties shall comply with all applicable federal and state statutes, rules and regulations. B. Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, the Contract shall be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit shall be Travis County, Texas. C. Exchange of Client - Identifying Information. Except as prohibited by other law, Receiving Agency and Performing Agency shall exchange Public Health Information (PHI) without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Health and Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other applicable law or rules. Contractor shall disclose information described in Health and Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Health and Safety Code §614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable Iaw. D. Records Retention. DSI-IS shall retain records in accordance with the Department's State of Texas Records Retention Schedule, located at http: / /www.dshs.state.tx.us /records /schedules.slrtm, Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. 9264s -1 _82_ E. Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. F. Legal Notice. Any notice required or permitted to be given by the provisions of this Contract shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address first given above (or at such other address as the Party shall specify to the Receiving Agency in writing) or, if sent by certified mail, on the date of receipt. G. Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. H. Waiver. Acceptance by either party of partial performance or failure to complain of any action, non - action or default under this Contract shall not constitute a waiver of either party's rights under the Contract. L Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Chapter 2260 of Texas Government Code and implemented in the rules at 25 TAC § §1.431 -I.447 shall be used by Performing Agency and Receiving Agency to attempt to resolve any claim for breach of contract made against Performing Agency. J. Inspections. Receiving Agency shall permit authorized Performing Agency personnel, during normal working hours, to conduct site visits and review such records as needed to ascertain compliance with the terms of this contract. K. Voided Records. To ensure compliance with Texas Administrative Code 181.24 Abused, Misused, or Flagged Records, Performing Agency is asking all Local office staff to be prudent in reviewing and checking record information on the computer screen prior to printing. The State Vital Statistics Unit does not honor nor encourage what some may consider "courtesy or free copies ". All documents printed via the remote access system are considered legal and viable documents. Every time a specific record is printed, it is counted. Once a record has been printed I 0 times, it can no longer be issued without authorization from the State Vital Statistics Unit Office. Records printed by accident should be reported to the Security Manager to reset the lifetime count. The State Vital Statistics Unit is not responsible for: printers not being turned on, printing to wrong printer, printers not working properly, the accidental printing of a wrong record. In order to reset the lifetime count of a customer, Receiving Agency must notify Performing Agency Security Manager in writing to clear voided records from the remote access system's 92648 -1 -83- customer lifetime counts and the original voided certificate must be sent into the State Vital Statistics Unit Office. L. Credits. Performing Agency will handle credit requests on a case -by -case basis. Credits may be considered in those cases of emergency situations, i.e., equipment and systems failures or inclement weather. Receiving Agency shall submit these requests in writing along with pertinent documentation to provide justification to the State Registrar and /or designee for approval. Performing Agency will provide written documentation to the Receiving Agency on the status of the approval of credit requests. 16. 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 CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) By: By: Signature of Authorized Official Signature Date Bob Burnette, C.P.M., CTPM Director, CIient Services Contracting Unit Date Printed Name and Title Address 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 City, State, Zip (512) 458 -7470 Bob.Burnette @dshs.state.tx.us Telephone Number E -mail Address for Official Correspondence 92648 -1 For City Attorney _84_ 9 AGENDA MEMORANDUM City Council Action Date: September 14, 2010 AGENDA ITEM: ITEM A: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $5,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR SUPPLIES TO PROVIDE FLU TESTING AND TO EXECUTE ALL RELATED DOCUMENTS. ITEM B: ORDINANCE APPROPRIATING A GRANT OF $5,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE FLU TESTING; AND DECLARING AN EMERGENCY. ISSUE: Department of State Health Services (DSHS) provides funding for flu testing supplies. 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. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance as presented. Annette Rodriguez, M.P.H. Director of Public Health annetter@cctexas.com :361-826-T205 BACKGROUND INFORMATION The Health District laboratory in Corpus Christi shall identify and test select specimens for influenza viruses in the Health District local service area. This contract provides funding for supplies for influenza testing. 9 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $5,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR SUPPLIES TO PROVIDE FLU TESTING 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 of $5,000 from the Texas Department of State Health Services for supplies to provide flu testing and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 25, 2010 Eliza th R. Hundley Assi ant City Attorney for the City Attorney EHres276 -89- 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 EHres276 —90— AN ORDINANCE APPROPRIATING A GRANT OF $5,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE FLU TESTING; 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 $5,000 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide flu testing. 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: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 25, 2010 Eliz1 th R. Hundle Ass ant City Attorney for the City Attorney EHord396 —91— 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 EHord316 _92_ 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 14, 2010 AGENDA ITEM: A. Ordinance transferring $104,185 from the No. 1020 General Fund to the No. 1067 Park and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Program (RSVP); appropriating the $104,185 in the No. 1067 Park and Recreation Grant Fund; and declaring an emergency. B. Ordinance transferring $62,415 from the No. 1020 General Fund to the No. 1067 Park and Recreation Grant Fund as City matching funds for the Senior Companion Program (SCP); appropriating the $62,415 in the No. 1067 Park and Recreation Grant Fund; and declaring an emergency. ISSUE: The City provides funding that meets grant match requirements of 20% for RSVP and 10% for SCP. These funds were approved in the Fiscal Year 2011 budget and must be appropriated in the No 1067 Park and Recreation Grants Fund. REQUIRED COUNCIL ACTION: City Council action is required to authorize the expenditure of funds and required City matching funds for specifically identified senior programs. PREVIOUS COUNCIL ACTION: Fiscal Year 2011 funds were appropriated for these senior programs upon approval of the Fiscal Year 2011 annual budget. CONCLUSION AND RECOMMENDATION: Staff recommend approval of the ordinance. Mic ael Morris, Director Par s and Recreation Department MichaelMo@cctexas.com 361 - 826 -3464 Attachments: Background BACKGROUND INFORMATION The Retired and Senior Volunteer Program (RSVP) and the Senior Companion Program (SCP) receive funding through Federal and State grants. The City's General Fund provides required grant match funding as well as additional support for both programs. The 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 over 800 enrolled volunteers contributed over 104,000 hours. through 60 different non - profit, health care proprietary and governmental agencies. The RSVP is in its 33rd year of operation with the City of Corpus Christi, The SCP assists low- income volunteers 55 years and over who are willing to serve as companions to homebound and elderly persons in the community. The Companions assist homebound individuals with daily living tasks, such as meal preparation, medication reminders, daily exercise, and giving much needed respite to overwhelmed family caregivers . Their assistance allows homebound clients to remain in their homes, delaying institutionalization. There are presently 54 Senior Companions providing community based services to 57 disabled or homebound clients in Corpus Christi. The SCP is in it's 21 year of operation with the City of Corpus Christi. Page 1 of 2 ORDINANCE TRANSFERRING $104,185 FROM THE NO. 1020 GENERAL FUND TO THE NO. 1067 PARK AND RECREATION GRANT FUND AS CITY MATCHING FUNDS FOR THE RETIRED SENIOR VOLUNTEER PROGRAM (RSVP); APPROPRIATING THE $104,185 IN THE NO. 1067 PARK AND RECREATION GRANT FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $104,185 is transferred from the No. 1 020 General Fund to the No. 1067 Park and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Program (RSVP); appropriating the $104,185 in the No. 1067 Park and Recreation grant fund. 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 August , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: August I I , 2010 Lisa Aguilar, istant City Attorney For City Attor H:1LEG- DIRILisa12010 ordinance \ORD- appropGrant- RSVP.doc 97_ 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, .doe 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:1LEG- DIR1Lisa12010 Ordinance\ORD- appropGrant- RSVP.doc_ 9 8 _ Page 1 of 2 ORDINANCE TRANSFERRING $62,415 FROM THE NO. 1020 GENERAL FUND TO THE NO. 1067 PARK AND RECREATION GRANT FUND AS CITY MATCHING FUNDS FOR THE SENIOR COMPANION PROGRAM (SCP); APPROPRIATING THE $62,415 IN THE NO 1067 PARK AND RECREATION GRANT FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $62,415 is transferred from the No. 1020 General Fund to the No. 1067 Park and Recreation Grant Fund as City matching funds for the Senior Companion Program (SCP); appropriating the $62,415 in the No. 1067 Park and Recreation grant fund. 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 August , 2010. ATTEST; CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: August 11 , 2010 Lisa Aguil .3, ssistant City Attorney For City A • ney H:1LEG- DIRILisa12010 OrdinancelORD- appropGrant- SrCompanion.doc —99— 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:ILEG- DIRILisa12010 OrdinancelORD-appropGrant-SrComplobtc 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 14, 2010 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $46,379 grant awarded by the Area Agency on Aging of the Coastal Bend for the FY 2010 Senior Community Services, Elderly Nutrition Program. B. Ordinance appropriating a $46,379 grant from the Area Agency on Aging of the Coastal Bend in the No.1067 Parks and Recreation grants fund for the FY 2010 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. ISSUE: The Elderly Nutrition Program (ENP) grant is made available through the Area Agency on Aging of the Coastal Bend and provides funding for the continuation of the Senior Community Services, Elderly Nutrition Program. The fund authorization period is effective October 1, 2009 through September 30, 2010. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate Federal grant funds from the Area Agency on Aging of the Coastal Bend to fund the Elderly Nutrition Program from October 1, 2009 through September 30, 2010. PREVIOUS COUNCIL ACTION: City Council accepts and appropriates Federal funds from the Area Agency on Aging of the Coastal Bend and the Texas Department of Aging and Disability Services for continuation of the Senior Community Services, Elderly Nutrition Program. City Council appropriated $775,611 on April 13, 2010 for the initial grant award from the Area Agency on Aging of the Coastal Bend. FUNDING: The Area Agency on Aging of the Coastal Bend is issuing a grant in the amount of $46,379 in Federal funds to the City of Corpus Christi for the continuation of the Senior Community Services Elderly Nutrition Program from October 1, 2009 through September 30, 2010. This award represents the final grant funding award through September 2010. Total funding is $821,990 for FY '10. This grant requires a minimum of 10% City matching funds. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate the final FY 2010 award from the Area Agency on Aging of the Coastal Bend and the Texas Department of Aging and Disability Services. Mic ael Morris, Dir= tor Parks and Recreation Department MichaelMoacctexas.cam 361- 826 -3464 Attachments: Background Information Page 3 of 4 —103 -- BACKGROUND INFORMATION The City receives grant funding for the Senior Community Services Program through Federal and State grants that must be appropriated each year. The City enters into a three year contract with the Coastal Bend Area Agency on Aging. We are currently in year three of the contract (2008 — 2010). An annual Request for Proposal is submitted to the Coastal Bend Area Agency on Aging to apply for Older Americans Act grant funds as determined by regional planning fund estimates. The Coastal Bend Area Agency on Aging issues Notice of Grant Awards throughout the fiscal year as funding is appropriated by the United States Congress. The Congressional Research Service posted on February 24, 2010 the following summary: "The Older Americans Act (OAA) is the major federal vehicle for the delivery of social and nutrition services for older persons. These include supportive services, congregate nutrition services (meals served at group sites such as senior centers, community centers, schools, churches, or senior housing complexes), home - delivered nutrition services, family caregiver support, community service employment, the long -term care ombudsman program, and services to prevent the abuse, neglect and exploitation of older persons. The OAA also supports grants to older Native Americans and research, training, and demonstration activities. Funding for most OAA programs is provided through appropriations legislation for the Departments of Labor, Health and Human Services, Education, and Related Agencies (Labor - HHS- Education). The FY2010 Consolidated Appropriations Act (P.L. 111 -117), signed into law December 16, 2009, provides $2.328 billion for Older Americans Act programs in FY2010. Locally, these projects include the Elderly Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and Benefits Counseling. The Benefits Counseling service is a component of the Health Information Counseling & Advocacy Program of Texas (HICAP). Senior Center Supervisors and program administrators are Certified Benefits Counselors who provide one -to -one information about both public benefits and private health insurance. Benefit counselors may also provide certain services for advance directives as outlined in the Texas Government Code §81.1011. The Elderly Nutrition Program coordinates the congregate and home delivered meals operations to provide a fully prepared, well - balanced noon meal to senior center members and homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We project to serve 126,356 congregate meals; 101,743 home delivered meals; 52,879 Title XX Meals on Wheels and 700 hours of Benefits Counseling service units during fiscal year October 2009 through September 2010. Senior center operations are supported solely through the City's General Fund and offer a comprehensive lifestyle enhancement component which includes assessment; leisure activities; health and wellness programs; nutrition education; advocacy; community education; access and assistance; outreach; referrals; emergency transportation and escort; special interest classes, a SeniorNet Computer Technology Center and special events. Page 4of4 —104— A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT A $46,379 GRANT AWARDED BY THE AREA AGENCY ON AGING OF THE COASTAL BEND FOR THE FY 2010 SENIOR COMMUNITY SERVICES ELDERLY NUTRITION 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 execute all documents necessary to accept a $46,379 grant awarded by the Area Agency on Aging of the Coastal Bend for the FY 2010 Senior Community Services, Elderly Nutrition Program. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the 31st day of August, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved: August 25, 2010 Lisa AguiVaF Assistant City Attorney for City Attorney Joe Adame, Mayor Corpus Christi, Texas Day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott AN ORDINANCE APPROPRIATING A $46,379 GRANT FROM THE AREA AGENCY ON AGING OF THE COASTAL BEND IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE FY 2010 SENIOR COMMUNITY SERVICES, ELDERLY NUTRITION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $46,379 grant is appropriated from the Area Agency on Aging of the Coastal Bend for the FY 2010 Senior Community Services, Elderly Nutrition Program in the No. 1067 Parks and Recreation Grants Fund. 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 day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: August 25, 2010 Lisa Agu' Assistant City Attorney for City Attorney H:ILEG- ❑IR \Lisa12010 Ordinance\SCS DIP Final FY 2010 Grilla+aance.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: Uwe, 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 Elizondo, Sr Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:1LEG- DIRILisa12010 Ordinance1SCS ENP Finat FY 2010 Gsarlt &elinaance.doc 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 14, 2010 AGENDA ITEM: A. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $5,000 from the National Recreation and Park Association for the 2010 -2011 Take Me Fishing Program and to execute all related documents. B. Ordinance appropriating $5,000 grant from the National Recreation and Park Association in the No. 1067 Parks and Recreation Grant Fund, for the 2010 -2011 Take Me Fishing Program; and declaring an emergency. ISSUE: The grant made available through the National Recreation and Park Association for the 2010 -2011 Take Me Fishing Program will engage a minimum of two thousand (2,000) youth ages 6 -15 and/or families by April 30, 2011. The grant also requires that 20% of the two thousand (2,000) participating youth belong to a minority group as outlined by the US Census. Services can be provided by the following means: boating and fishing waterside, landside, in the classroom, via programming, seasonal and year round camps, after school programs, community events or festivals, and other opportunities where youth and families are engaged in our community. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate grant funds from the National Recreation and Park Association to fund the 2010 -2011 Take Me Fishing Program. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate grant funds. Miclbael Morris, Director Parks and Recreation Department MichaelMo @cctexas.com 361 -826 -3463 Attachments: Background Information Notice of Grant Award BACKGROUND INFORMATION The Take Me Fishing Program grant is a first time grant award to the City of Corpus Christi Parks and Recreation Department. As one of seventy (70) Parks and Recreation agencies selected, our efforts will serve to build and sustain programs and opportunities to engage young people and their families in programs that will foster increased participation in recreational angling and boating, therefore augmenting public awareness and appreciation of the need for protecting, conserving and restoring the nation's aquatic resources. The 2010 -2011 Take Me Fishing grant from the National Recreation and Parks Association will allow the Parks and Recreation Department to engage a minimum of two thousand (2,000) youth ages 6 -15 and/or families by April 30, 2011. The grant also requires that 20% of the two thousand (2,000) participating youth belong to a minority group as outlined by the US Census. Services can be provided by the following means: boating and fishing waterside, landside, in the classroom, via programming, seasonal and year round camps, after school programs, community events or festivals, and other opportunities where you engage youth and families in our community. In order to meet the two thousand (2,000) youth and/or family requirement, the Parks and Recreation Department will partner with the City's Latchkey program. Over 10% of these children qualify for services under Worksource guidelines and meet the minority requirements of the grant. In order to meet the additional 10% underserved population or minority group requirement, youth from the City's Recreation Centers will be eligible to participate. Classes will be conducted at: 2010 summer latchkey sites, 2010 -2011 after school Latchkey sites and Recreation Centers. Approximately five hundred (500) youth, ages 10 -13, from the latchkey program and recreation centers will have the opportunity to attend a field trip to the Nueces River to participate in a catch and release fishing trip. Several field trips will be scheduled to accommodate all five hundred (500) youth. Families will be invited to attend angler education classes and fishing trips along with their children. Currently there are six (6) Texas Parks and Recreation Certified Master Anglers employed within the Parks and Recreation Department. Classroom instruction will focus on curriculum provided as part of the Master Angler certification process. Instruction will include fishing and environmental conservation. Once the grant expires, equipment will continue to be utilized to inspire youth and families to enjoy angler education, awareness and participation in recreational angling. !'9RlT . _ n, M °314r'�......u....u,....lIIl..�w NWf�Yfl9. ece�rn - a"i�k ish "in rant lgreemerit ocumen#atiiin „ps+� giirr..� rrien Ir From: Resa Kierstein <rkierstein@nrpa.org> To: BeckyP @cctexas.com Date: 7/7/2010 3:14 PM Subject: Take Me Fishing Grant Agreement Documentation [cid:image001.jpg@01CB1 DEE.E3439470] July 7, 2010 Becky Perrin City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Sent via email to: beckyp @cctexas.com Dear Becky, Congratulationsi City of Corpus Christi has been selected as a grant recipient of the 2010 2011 Take Me Fishing(tm) program, supported by the Recreational Boating and Fishing Foundation's Youth Boating and Fishing Initiative. As one of 70 Park and Recreation agencies selected, your efforts will serve to build and sustain programs and opportunities to engage young people and their families, in programs that will foster increased participation in recreational angling and boating, thereby augmenting public awareness and appreciation of the need for protecting, conserving and restoring the nation's aquatic resources. City of Corpus Christi will receive the following items to support the programs and opportunities to engage a minimum of 2000 youth and families by April 30, 2011 in recreational boating and fishing: 0 Grant funding of $5,000 0 Marketing and Promotional materials including Take Me Fishing event planning tool kit, Best Practices Workbook, logo and marketing guides (NRPA and Take Me Fishing), and access to multiple professional and social network sites specific to parks and recreation and fishing. o Complimentary access to technical support and experts via NRPA and RBFF 0 Access Free online training for the general public O Boating and Fishing Community Sustainability Guide O Retention and Incentives Strategy Guide 0 One Volunteer Management and National Background Screening Toolkit and services (applicable to NEW grantees only) Contingent with receiving this grant funding, City of Corpus Christi is expected to achieve the following goals and objectives: ✓ Engage a minimum of 2,000 youth ages 6 -15 and/or families by April 30, 2011, and ensure that 20% of this population belong to a minority group as outlined by the US Census, in recreational boating and fishing waterside, Iandside, in the classroom, via programming, seasonal and year round camps, after school programs, community events or festivals, and other opportunities where you engage youth and families in your community_ ✓ All grant funding must be spent in total by April 30, 2011. ✓ Support a program or event that provides children and families with hands -on education or experience, specific to environmental conservation. Grant funding (under $500) may be used to purchase video recording equipment. A digital video files account of this environmental conservation effort must be —113— ecky �errm ake re ishir rant greement submitted to NRPA with your final evaluation by June 1, 2011. You may also use this same device to share related programmatic elements throughout the grant cycle. ✓ Complete the Best Practices for Boating, Fishing and. Aquatic Stewardship Education on -line training (if not already completed) ✓ Utilize, to the best of your ability, the Volunteer Management Resources supplied to you ✓ Include, where applicable, the Take Me Fishing(tm) and NRPA logos in all promotional, advertising and communication messaging. ✓ Convene with local stakeholders to develop a common agenda to improve quality and opportunities for programming in the community. ✓ Participate in a Take Me Fishing(tm) program Webinar, Creating a Sustainable Fishing Program within your community, (date TBD) ✓ Participate in a national research study, hosted by Responsive Management in conjunction with the Recreational Boating and Fishing Foundation, to evaluate the effectiveness of hunting, fishing and shooting recruitment and retention programs. Your part will only focus on fishing and you will be contacted with plenty of advanced notice. ✓ Adhere to all OMB Cost Principles as outlined in 2 CFR 230 - Cost Principles for Nonprofit Organizations <http:Ilwww.whitehouse.gov /omb /Circulars index- education!> ✓ Agree to notify NRPA immediately of any changes in scope of project as submitted in grant application, or changes in key personnel. ✓ Ensure tangible, nonexpendable, equipment not exceed purchase price of $5,000 for a single unit. ✓ Funds may not be used for land, including improvements and structures, lobbying or advocacy efforts, tangible personal property other than equipment and intangible property - trademarks, copyrights, patents and patent applications. ✓ Submit to NRPA copies of all photos, marketing and communications materials, testimonials from program participants, and stakeholders. All will be shared with RBFF and their constituents. ✓ Complete a post-grant survey provided by NRPA ✓ Submit a final report to NRPA by June 1, 2011. This report will include a wrap of all activities including those which took place between the grant end timeline of April 1, 2011 - June 1, 2011. ✓ Submit quarterly reports, supplied to you electronically, to NRPA on the following schedule: 0 July 1, 2010* 0 October 1, 2010 0 January 1, 2011 0 April 1, 2011 0 Final Evaluation, due June 1, 2011 *Report completed by NRPA on your behalf. Grant Funding will be sent via UPS to the above address and will include a check in the amount of $5,000. Budget and quarterly report templates along with marketing materials will be sent via email. All other items will be shipped to the supplied address. -114- Bec'errin- ake~ a is ing Grarit�Agreemerit ocumeritation We are very excited to have City of Corpus Christi as a Take, Me Fishing(tm) Agency, with this designation comes a great level of pride and responsibility. We look to you as a leader in the field of parks and recreation to utilize your grant funding effectively to reconnect youth with the outdoors, engage youth in recreational boating and fishing and introducing a new life skill. Please sign below to accept your grant. This document must be returned electronically (digital signature accepted) on or before July 15, 2010. Failure to return the document said date will result in a forfeit of your grant funding, no exceptions. Return the signed document to Resa Klerstein at rkierstein ©nrpa.org<mailto:rkierstein ©nrpa.arg> Sincerely, Resa Kierstein ... .SL.a... Resa Kierstein Becky Perrin Sr. Manager, Business Development. City of Corpus hristi National Recreation and Park Association Enclosures cc: fife RCKIcp Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT IN THE AMOUNT OF $5,000 FROM THE NATIONAL RECREATION AND PARK ASSOCIATION FOR THE 2010 -2011 TAKE ME FISHING PROGRAM AND TO EXECUTE ALL RELATED DOCUMENTS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to accept a grant in the amount of $5,000 from the National Recreation and Park Association for the 2010 -2011 Take Me Fishing Program and to execute alf related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form: August 11, 2010 Lisa Aguil Assistant City Attorney for the City Attorney Joe Adame Mayor H:ILEG- DIRILisa12010 Resolutions\Take Me Flatilig Program grant acceptance.doc Corpus Christi, Texas of , 2010 The above resolution 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 Page 1 of 2 AN ORDINANCE APPROPRIATING $5,000 GRANT FROM THE NATIONAL RECREATION AND PARK ASSOCIATION IN THE NO. 1067 PARKS AND RECREATION GRANT FUND, FOR THE 2010 -2011 TAKE ME FISHING PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $5,000 grant from the National Recreation and Park Association is appropriated in the No. 1067 Parks and Recreation Grant Fund for the 2010 -2011 Take Me Fishing 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 shall take effect upon first reading as an emergency this the of August, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: August 11, 2010 By: Lisa Aguilar sistant City Attorney For the City ttorney Joe Adame Mayor H:ILEG- DIR \Lisa12010 OrdinancelORD- Approp -Take Me Fishinvit_ 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: 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 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:1LEG- DIR1Lisa12010 Ordinance\ORD- Approp -Take Me Fishing,dic9_ 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 14, 2010 AGENDA ITEM: A. Resolution ratifying the City Manager's execution of documents necessary to accept a Weed & Seed grant in the amount of $157,000 for Corpus Christi South East (Flour Bluff) Weed and Seed Community for the support of the Weed & Seed Program from the U.S. Department of Justice (DOJ). B. Ordinance appropriating a $157,000 grant from the United States Department of Justice for the support of the Corpus Christi South East Weed and Seed Community FY 10/11 in the Federal /State Grant Fund No. 1067; and declaring an emergency. ISSUE: The City of Corpus Christi has been awarded a $157,000 grant from the U.S. Department of Justice, for the Corpus Christi South East (Flour Bluff) Weed & Seed Community. The Weed & Seed Program federal grant must be renewed annually to continue its current strategy. For the past ten years, council has granted authorization to accept and appropriate the Department of Justice funds for the Weed and Seed Program. The grant period is from 10/01/2010 to 09/31/2011. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to accept and appropriate these funds. The grant period is from 10/01/2010 to 09/31/2011. FUNDING: U.S. Department of Justice, for the continuation of the Weed & Seed Program. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance. Mi• ael Morris, Dir tor Parks and Recreation 361 -826 -3464 MichaeIMoacctexas.com Attachment: Background Information BACKGROUND INFORMATION Administration of the Weed and Seed Program was assigned to the Park and Recreation Department on October 26, 1999. The Executive Office of Weed & Seed directed The City of Corpus Christi to insure 50% of our budget went to the Law Enforcement side of the program. This Corpus Christi South East (Flour Bluff) Weed & Seed Community grant in the amount of $157,000 will be used for the support of the Weed & Seed Program from the U.S. Department of Justice (DOJ). It will be dispensed per guidance from the DOJ; $78,500 for CCPD weeding efforts and $78,500 for seeding efforts. The Site I North, and Site 11 West Communities have been terminated after 10 years of successful service to the City of Corpus Christi. These areas will not receive future funding. RESOLUTION RATIFYING THE CITY MANAGER'S EXECUTION OF DOCUMENTS NECESSARY TO ACCEPT A WEED AND SEED GRANT IN THE AMOUNT OF $157,000 FOR CORPUS CHRISTI SOUTH EAST (FLOUR BLUFF) WEED AND SEED COMMUNITY FOR THE SUPPORT OF THE WEED AND SEED PROGRAM FROM THE U.S. DEPARTMENT OF JUSTICE. . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council ratifies the City Manager's execution of documents necessary to accept a Weed and Seed grant in the amount of $157,000 grant from the U.S. Department of Justice, Office of Justice Programs, for support of the Corpus Christi South East Weed and Seed Community (Flour Bluff). SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED: September 7, 2010 Le, Lisa Aguil Assistant ity 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 R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott ORDINANCE APPROPRIATING A $157,000 GRANT FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE SUPPORT OF THE CORPUS CHRISTI SOUTH EAST (FLOUR BLUFF) WEED AND SEED COMMUNITY FY 2010-11 IN THE FEDERAL /STATE GRANT FUND NO. 1067; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $157,000 grant from the U.S. Department of Justice is appropriated in the No. 1067 Federal /State Grant Fund for support of the Corpus Christi South East (Flour Bluff) Weed and Seed Community, for FY 2010 -11. 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: September 1, 2010 o Lisa A Aistant 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 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 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 14, 2010 AGENDA ITEM: Resolution supporting the continuation of the Festival of the Arts to be led by community supporters. ISSUE: The Festival of the Arts has previously been coordinated through the City's Arts and Cultural Commission. The Commission recently voted to discontinue its role with the Festival of the Arts, and instead a group of citizens desires to form a 501(c)(3) organization to continue the Festival of the Arts. REQUIRED COUNCIL ACTION: Since the event has traditionally been a City event, City Council approval is requested to approve the transition to a community event. PREVIOUS COUNCIL ACTION: The Festival of the Arts has previously been coordinated and funded through the City's Arts and Cultural Commission. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Resolution. Michael Morris, Director Parks and Recreation m ichael mo@cctexas. com 361- 826 -3463 Attachments: None RESOLUTION SUPPORTING THE CONTINUATION OF THE FESTIVAL OF THE ARTS TO BE LED BY COMMUNITY SUPPORTERS WHEREAS, the City became engaged in supporting Festival of the Arts, an annually planned event approved by City Council in 2002; WHEREAS, the City's Arts and Cultural Commission has coordinated the Festival of the Arts since its initial event; WHEREAS, the City's Arts and Cultural Commission voted at their meeting on May 13, 2010 to no longer continue the Festival of the Arts event; WHEREAS, an estimated 12,000 or more patrons visited the Festival of the Arts over the course of three days in 2010, injecting dollars into the Corpus Christi economy; WHEREAS, the artistically inclusive event hosted on the Bayfront continues to receive the support of the City, local businesses, in addition to the community and tourists by their attendance and patronage, determining the ultimate existence of the Festival of the Arts; WHEREAS, citizens of Corpus Christi and thousands of visitors have much to gain with the existence of an annual Festival of the Arts, a major Bayfront attraction which enhances the Downtown area while encouraging tourism, and has a proven record indicating it is artistically, culturally, and financially successful; THEREFORE, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. That the City Council supports that the Festival of the Arts will be led by a group of community supporters who propose to continue to create a high quality public artistic event on Corpus Christi's Bayfront within a newly formed 501(c) (3) organization. Section 2. The City and the Festival of the Arts supporters will work towards a Special Events Agreement for use of City property or staff for future annual Festival of the Arts events. Section 3. This Resolution takes effect on date of City Council approval. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: August 25, 2010 By: 0\12-4-4-1- Lisa Aguilar, As ant City Attorney for the City Attorney 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 G. Leal John E. Marez Nelda Martinez Mark Scott 15 CITY COUNCIL AGENDA MEMORANDUM Date: 9 -14 -2010 AGENDA ITEM: Motion authorizing the City Manager or his designee to grant two permits to Sabco Operating Company to drill oil or gas wells being State Tract 52 Well Nos. 8 and 9 approximately six miles southeast of the Corpus Christi Marina in Corpus Christi Bay. ISSUE: Two applications have been submitted on behalf of Sabco Operating Company for permits to drill State Tract 52 Well Nos. 8 and 9 which will be located in the Marine Recreation Area of Corpus Christi Bay. The location of the proposed wells are outside of the established cluster area, and the applicant has requested an exception based on an affirmative showing that the exception is necessary to prevent confiscation of property. REQUIRED COUNCIL ACTION: The City Code of Ordinances, Section 35 -56, requires City Council approval of drilling permit applications for exceptional.weli locations in Corpus Christi Bay. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. Deborah A. Marroquin, P.E. Director of Gas Operations DebbieM[eacctexas.com 361 -885 -6924 Attachments: 1. Exhibit "A" — Background Information 2. Exhibit "B" — Site Ma 3. Exhibit "C" — Letter o Request 4. Exhibit "D" — Permit Application BACKGROUND INFORMATION Prior Council Action: On October 21, 2008 City Council granted a permit to Sabco Operating Company to drill an oil or gas well outside the established cluster area being State Tract 71 Well No. 1 approximately three miles east of the Corpus Christi Marina in Corpus Christi Bay. The well was completed successfully. On April 22, 2008 City Council granted a permit to Sabco Operating Company, to drill two oil or gas wells outside the established cluster area being State Tract 55 Well No. 8 approximately four miles east of the Corpus Christi Marina in Corpus Christi Bay and State Tract 65 Well No. 1 approximately two miles north of Texas A & M Corpus Christi in Corpus Christi Bay. Both wells were completed successfully. On January 15, 2008 City Council granted a permit to Cabot Oil and Gas Corporation to drill an oil or gas well at a location outside the established cluster area in Corpus Christi Bay, State Tract 88/89 Well No. 1. The well was completed successfully. On December 18, 2007 City Council granted a permit to Sabco Operating Company to drill an oil or gas well at a location outside the established cluster area in Corpus Christi Bay, State Tract 55 Well No.7. The well was completed successfully. On May 16, 2006 City Council granted three permits to Sabco Operating Company to drill oil or gas wells at an exceptional location in Corpus Christi Bay, State Tract 55 Well No. 5 and State Tract 52 Well Nos. 8 and 9. State Tract 55 Well No. 5 was drilled successfully. State Tract 52 Wells 8 and 9 were never drilled and the permits have expired. On February 28, 2006 City Council granted a permit to Sabco Operating Company to drill an oil or gas well at an exceptional location in Corpus Christi Bay, State Tract 49 Well No. 6. The well was drilled successfully. Background Information: The City Code of Ordinances, Section 35 -56, sets standards for wells drilled in the area of Corpus Christi Bay south of the Ship Channel and west of the Gulf Intracoastal Waterway. The well surface location must be located in the southwesterly corners of the state tracts to qualify for administrative approval as regular locations. The ordinance allows the first producing well in a particular State Tract to be the designated single cluster area for that State Tract. Unless protested, permits to drill from regular locations do not require City Council approval. Exceptional well locations are sites outside of the southwesterly corner, or "cluster area ", that allow wells to be drilled as straight or directional boreholes for the purpose of obtaining the only access to the geologic target. Section 35 -56 allows the City Council to grant permits for exceptional locations if it is affirmatively established by the lessee that use of a surface location in the applicable cluster area renders it physically impossible to make a satisfactory bottom hole completion within the applicable state lease tract. Council may grant these exceptional permits when it is necessary to prevent confiscation of property. EXHIBIT "A" SHEET 1 OF 2 "Confiscation of property', as used in Section 35 -56 of the Code, is deemed to occur only where "it is affirmatively established by lessee that use of a surface location in the applicable cluster area renders it physically impossible to make a satisfactory bottom hole completion within the applicable state lease tract" Sabco Operating Company has submitted two applications to drill oil or gas wells being State Tract 52 Well Nos. 8 and 9 approximately six miles southeast of the Corpus Christi Marina in Corpus Christi Bay. (See Exhibit "B" Sheet 1 of 4) The proposed exceptional location for State Tract 52 Well No. 8 is approximately 3,150 feet from the established cluster area for this State Tract. An alternate cluster area is located in State Tract 48 approximately 2,790 feet from the proposed location. The proposed total depth of the well is 10,500 feet. The proposed exceptional location for State Tract 52 Well No. 9 is approximately 2,550 feet from the established cluster area for this State Tract. An alternate cluster area is located in State Tract 48 approximately 2,400 feet from the proposed location. The proposed total depth of the well is 10,500 feet. Sabco Operating contends that drilling a straight hole versus a directional hole will save drilling costs and increase the probability of drilling these wells successfully. A directional drill poses a high risk and possibility of losing the drill hole and will cause up to a 50% increase in the cost of the drilling. The applicant is also asking that consideration of prior approval in granting an exceptional permit for Well Nos. 8 and 9 be taken into consideration for the granting of the requested permit. The applicant has affirmatively established that not being allowed to drill the wells outside the established cluster areas will result in a confiscation of property. Sabco Operating Company has paid the applicable permit fees and posted the required bond and insurance certificate. The Oil and Gas Advisory Committee held a public hearing on August 9, 2010 to consider the two applications from Sabco Operating Company to drill at exceptional locations in Corpus Christi Bay Marine Recreation Area of State Tract 52. The Committee unanimously agreed that the applications be recommended for approval by the City Council as applied for. Economic Impact: If approved and successfully completed the proposed wells will result in a positive economic impact to the community. The lessee will pay the City permit application fees of $1,500 for each well, annual inspection fees of $700 per well and will pay ad valorem taxes. The State will collect the royalty funds that will be deposited in the Permanent School Fund to help support education across the state. Staff Recommendation: Staff recommends the permit to drill State Tract 52 Well No. 8 and Well No. 9 at exceptional locations be approved based on the fact that it is affirmatively established by the lessee that use of surface locations in the applicable cluster area renders it physically impossible to make satisfactory bottom hole completions within the applicable state lease tract as necessary to prevent confiscation of property. EXHIBIT "A" SHEET 2 OF 2 -140- Sabco Operating Company Encinal Channel Field - Corpus Christi Bay Nueces Co., Texas 11 ro ro u 80011 12000 18000 rt Distance from TSL 098041ITR52/We1i#8 & #9 to Marina Datum: NAD27 Projection: Texas South 4205 EXHIBIT "B" Sheet 1 of 4 -141- EXHIBIT "B" Sheet 2 of 4 07/21/10 12:40:06 11^�^ ai O -141- EXHIBIT "B" Sheet 2 of 4 07/21/10 12:40:06 --142- EXHIBIT "B" Sheet 3 of 4 8 cn m N gag a ao --142- EXHIBIT "B" Sheet 3 of 4 08!05110 16:36:04 -143- EXHIBIT "B" Sheet 4 of 4 sue. July 19, 2010 Mr. Jessie Cantu City of Corpus Christi 4225 South Port Street Corpus Christi, TX 78415 RE: City of Corpus Christi Permit to Drill State Tract 52, Well No. 8 & 9 Corpus Christi Bay Dear Mr. Cantu: We request that exception to the "Cluster Rule" be granted on the referenced locations for the following reasons: 1) Drilling a straight hole versus a directional hole will save drilling costs and increase the probability of successfully drilling the well. 2) Directionally drilled well poses high risk and possibility of losing the drill -hole. 3) The new location will not impact normal bay activities. 4) The new location will not have any discernable visual impact. 5) Sabco has plugged ST 48 -2, ST 48-4, and ST 49 -5 wells since 2003. 6) Both projects have been examined and recommended by the City of Corpus Christi Oil and Gas Advisory Committee, and have been approved by the City Council under Permit Nos. 1604 and 1605 in 2006. 7) The circumstances around these projects remain the same as in 2006 when they were permitted. 8) Imposition of directional drilling will increase the cost of drilling up to 50 %. If this additional cost becomes prohibitive and economically unfeasible, then it will be confiscation of property. 9) The leasehold is located in, owned by, and managed by, the Texas General Land Office --a state agency whose rules supersede local ordinances. The TGLO does not have any objection to the proposed location for the referenced wells. We hope the City will expedite the processing of these applications by approving them administrately. We would appreciate your assistance with this permit application. Please contact me at 713 -840 -1980 or at iamesonm(@,sabcooil.com if you need further information for processing this permit. Very truly yours, Sabco Operating Company Max Jameson Environmental/Regulatory Manager 10 -07 -19 CCC Permit to Drill EC 52 #8 & 9 exception request 34 South Wynden Dr •Houston, TX 77056 • Tel (713) 840 -1980 • FAX (713) 840 -0135 —144— EXHIBIT "C" CORPUS CHRISTI, TEXAS OIL AND GAS REGULATION APPLICATION FOR PERMIT TO: The City of Corpus Christi, Texas FROM: Sabco Operating Company 34 South Wynden Dr Houston, Texas 77056 (hereinafter called "Applicant ") Pursuant to the Corpus Christi Oil and Gas Ordinance, and particularly that part appearing as City Code Oil and Gas Chapter 35, and the rules and regulations pursuant thereto, Applicant respectfully requests that it be granted a permit to drill and operate a well for production of oil, gas and other minerals within the City limits of said City at the location and in the manner set forth herein. IDENTITY: Applicant is a person , a partnership , a Private corporation X existing under the Iaws of the State of Texas , a public corporation other association Applicant's agent for addressing correspondence and for delivery of service of notice or citation relating to this application and any permit granted thereon, until further written notice, is: Max Jameson Sabco Operating Company, 34 South Wynden Dr, Houston, TX 77056 In addition to Applicant, the parties listed as follows own a working interest in the well (if none so state): See attached WELL DATA Well Name: State Tract 52 #8 Field. Name: Wildcat Surface Location: X= 2389228 ; Y= 762905 Bottomhole Location: same as surface location Vertical Depth: 10 500' Projected Date of Commencement of Drilling: 08 -10 -2010 -145- EXHIBIT "D" Sheet 1 of 8 Regular or Exceptional Permit: This Application does (does not) request an exception to any requirements of Oil and Gas Chapter 35 of the City Code. (NOTE: If the permit requested is exceptional, state the reasons therefor in detail, using attachments and supporting data to the degree deemed necessary.) Applicant's Warranties and Agreements: Applicant warrants that all things stated or represented as factual in this application and any attachments thereto are true and correct, and that all material representations of Applicant made in connection therewith are and will be true and correct; at the penalty of any permit granted herein being mill and void. Applicant understands that any permit granted pursuant to this application is and will be subject to all valid ordinances, rules and regulations of the City of Corpus Christi governing the subject matter, as well as all other valid and applicable laws, rules and regulations of other governmental bodies having jurisdiction. Applicant is familiar with these, or has notice of same, and agrees to comply therewith. Applicant will submit to the City Council, the Oil and Gas Advisory Committee or to the City Manager any and all other information or data respecting this application required to be furnished; and Applicant will appear before any such body or person for conference, public or private hearing, and give testimony reasonably required hereunder. In Bay Recreation Areas, Applicant hereby agrees, insofar as it has the right and authority so to do, to allow lessees of State Lease Tracts adjoining the State Lease Tract covered by this application to utilize unused surface locations on its tract as prescribed by Ordinance of the City of Corpus Christi and on the terms and conditions set forth in such Ordinance. In Marine Areas, Applicant agrees to furnish boat transportation during normal working hours from shore to the location covered by this application for the purpose of any inspection of said location and facilities situated thereon conducted by any official or employee of the City of Corpus Christi; provided that no extra duty of care is thereby imposed on Applicant. Attached hereto are true copies of all existing permits or applications for permits from other governmental agencies, pertaining to the well for which this application is made. In nonexempt Land Drilling Blocks, attached hereto is a list of all owners of unleased minerals and the fractional share of the Drilling Block owned as provided for in City Code Section 35 -83 (B) (2) Attached hereto is the bond required by the City of Corpus Christi for operations pertinent to the location applied for (Land, Bay, or Gulf): (or) reference is here made to the blanket bond filed by Applicant with the City Petroleum Superintendent; (or) reference is made to the Indemnity Agreement between Applicant and the City of Corpus Christi filed with the City Petroleum Superintendent. Attached hereto is a copy of the insurance policies or certificates required by the City of Corpus Christi City Code; (or) reference is here made to the copy of the insurance policy or Indemnity Agreement on file in the Oil and Gas Well Division which is sufficient to cover this application. Attached hereto is a plat of the area where drilling is to be conducted showing the proposed location on surface and at bottomhole. (In "non- producing" land areas the plat shall be -146- EXHIBIT "0" Sheet 2 of 8 prepared by a licensed public surveyor and include the metes and bounds description of the Drilling block(s) to be unitized.) Attached hereto is the casing program for the well. For land wells: Attached hereto are the names and addresses of the owners of all surface property within 400 feet of the well bore. Applicant hereby agrees that the City of Corpus Christi is authorized to take over and expend funds to retain control of the well as provided in Corpus Christi City Code Section 35 -104. Submitted this 19th day of March ,2010. Sabco Operating Company The State of Texas Harris County Subscribed and sworn to before me, the undersigned authority, this 19 day of July , 2010 . Notary Public in and for Harris County. Received and filed thisc,day of , 2010 7;,‘ Petroleum Superintendent APRIL KAMINSKI My Commission Expires October 30, 2010 i1 (gin„' ' nl i �K-•�J -147-- EXHIBIT "D" Sheet 3 of 8 Working Interest Holders Sabcc Oil and Gas Corporation 1360 Post Oak Blvd. Suite 2300 Houston, TX 77056 State of Texas 1700 North Congress Avenue Austin, TX 78701 Harrigan Energy Partners, Inc. 16821 Buccaneer Suite 106 Houston, TX 77058 CC Bay LLP 500 North Shoreline, Suite 807 N Corpus Christi, TX 78471 Costello Exploration 3780 Grassmere Corpus Christi, TX 78414 DCG Production LLP 500 North Shoreline, Suite 807 N Corpus Christi, TX 78471 Hammer Exploration Co. LLP 500 North Shoreline, Suite 807 N Corpus Christi, TX 78471 HR Exploration Co. LLP 500 North Shoreline, Suite 807 N Corpus Christi, TX 78471 Kersting Production Co., LLP 2511 Winding View San Antonio, TX 78258 LODI Production Co., LLP 500 North Shoreline, Suite 807 N Corpus Christi, TX 78471 Royal Energy Partners, Ltd. 500 North Shoreline, Suite 807 N Corpus Christi, TX 78471 RW H, Inc. 6246 Agassi Ace Court Spring, TX 77379 R:\Regulatory Agencies\City of Corpus Christi\working interest hotders.doc -148- EXHIBIT "D" Sheet 4 of 8 CORPUS CHRISTI, TEXAS OIL AND GAS REGULATION APPLICATION FOR PERMIT TO: The City of Corpus Christi, Texas FROM: Sabco Operating Company 34 South Wynden Dr Houston, Texas 77056 (hereinafter called "Applicant ") Pursuant to the Corpus Christi Oil and Gas Ordinance, and particularly that part appearing as City Code Oil and Gas Chapter 35, and the rules and regulations pursuant thereto, Applicant respectfully requests that it be granted a permit to drill and operate a well for production of oil, gas and other minerals within the City limits of said City at the location and in the manner set forth herein. IDENTITY: Applicant is a person a partnership , a Private corporation X existing under the laws of the State of Texas , a public corporation other association Applicant's agent for addressing correspondence and for delivery of service of notice or citation relating to this application and any permit granted thereon, until further written notice, is: Max Jameson Sabco operating Company 34 South Wynden Dr, Houston, TX 77056 In addition to Applicant, the parties listed as follows own a working interest in the well (if none so state): See attached WELL DATA Well Name: State Tract 52 #9 Field Name: Wildcat Surface Location: X= 239,150; Y= 763,004 Bottomhole Location: same as surface location Vertical Depth: 10500' Projected Date of Commencement of Drilling: 0S -15 -2010 —1 4 9— EXHIBIT "D" Sheet 5 of 8 Regular or. Exceptional Permit: requirements of Oil and Gas This Application does {dee et request an exception to any Chapter 35 of the City Code. (NOTE: If the permit requested is exceptional, state the reasons therefor in detail, using attachments and supporting data to the degree deemed necessary.) Applicant's Warranties and Agreements: Applicant warrants that all things stated or represented as factual in this application and any attachments thereto are true and correct, and that all material representations of A epant m ndee d in connection therewith are and will be true and con-ect; at the penalty of any pit herein being null and void. Applicant understands that any permit granted pursuant to this application is and will be subject to all valid ordinances, rules and regulations of the City of Corpus Christi governing the subject matter, as well as all other valid and applicable laws, rules and regulations of other governmental bodies having jurisdiction. Applicant is familiar with these, or has notice of same, and agrees to comply therewith. Applicant will submit to the City Council, the Oil and Gas Advisory Committee or to the City Manager any and all other information or data respecting this application required to be furnished; and Applicant will appear before any such body or person for conference, public or private hearing, and give testimony reasonably required hereunder. In Bay Recreation Areas, Applicant hereby agrees, insofar as it Lease the right t and authority thorny so to do, to allow lessees of State Lease Tracts adjoining by this application to utilize unused terms nd surface conditions set as Ordinance. Ordinance of the City of Corpus Christi and on the In Marine Areas, Applicant agrees to furnish boat transportation during normal working hours from shore to the location covered by this application for the purpose of any inspection of said location and facilities situated thereon conducted by any official or employee of the City of Corpus Christi; provided that no extra duty of care is thereby imposed on Applicant. Attached hereto are true copies of all existing permits or applications for permits from other governmental agencies, pertaining to the well for which this application is made. In nonexempt Land Drilling Blocks, attached hereto is a list of all owners of unleased minerals and the fractional share of the Drilling Block owned as provided for in City Code Section 35 -83 (13) (2) Attached hereto is the bond required by the City of Corpus Christi for operations pertinent to the location applied for (Land, Bay, or Gulf): (or) reference is here made to the blanket bond filed by Applicant with the City Petroleum Superintendent; (or) reference is made to the Indemnity Agreement between Applicant and the City of Corpus Christi filed with the City Petroleum Superintendent. Attached hereto is a copy of the insurance policies or certificates required by the City of Corpus Christi City Code; (or) reference is here made to the copy of the insurance policy or Indemnity Agreement on file in the Oil and Gas Well Division which is sufficient to cover this application. Attached hereto is a plat of the area where drilling is tbec conducted showing d p plat shall proposed land location on surface and at bottomhole. (In "non-producing" be —150— EXHIBIT "D" Sheet 6 of 8 prepared by a licensed public surveyor and include the metes and bounds description of the Drilling block(s) to be unitized.) Attached hereto is the casing program for the well. For land wells: Attached hereto are the names and addresses of the owners of all surface property within 400 feet of the well bore. Applicant hereby agrees that the City of Corpus Christi is authorized to take over and expend funds to retain control of the well as provided in Corpus Christi City Code Section 35 -104. Submitted this 19th day of July ,24 0. Saba) Operating Company Max Jameson The State of Texas Harris County Subscribed and sworn to before me, the undersigned authority, this 19th day of July , 2 010: Notary Public in and for Harris County. Received and filed this (o day of , 2010 ty Petroleum Superintendent —1 5 1— EXHIBIT "D" Sheet 7 of 8 Working Interest Holders Sabco Oil and Gas Corporation 1360 Post Oak Blvd. Suite 2300 Houston, TX 77056 State of Texas 1700 North Congress Avenue Austin, TX 78701 Harrigan Energy Partners, Inc. 16821 Buccaneer Suite 106 Houston, TX 77058 CC Bay LLP 500 North Shoreline, Suite 807 N Corpus Christi, TX 78471 Costello Exploration 3780 Grassmere Corpus Christi, TX 78414 DCG Production LLP 500 North Shoreline, Suite 807 N Corpus Christi, TX 78471 Hammer Exploration Co. LLP 500 North Shoreline, Suite 80.7 N Corpus Christi, TX 78471 HR Exploration Co. LLP 500 North Shoreline, Suite 807 N Corpus Christi, TX 78471 Kersting Production Co., LLP 2511 Winding View San Antonio, TX 78258 LODI Production Co., LLP 500 North Shoreline, Suite 807 N Corpus Christi, TX 78471 Royal Energy Partners, Ltd. 500 North Shoreline, Suite 807 N Corpus Christi, TX 78471 RWH, Inc. 6246 Agassi Ace Court Spring, TX 77379 R:1Reguiatory Agencies\City of Corpus Christi\working interest holders.doc -1 5 2- EXHIBIT "D" Sheet 8 of 8 16 CITY COUNCIL AGENDA MEMORANDUM Date: 9 -14 -2010 AGENDA ITEM: Motion authorizing the City Manager or his designee to grant a permit to Chaparral Energy, L.L.C. to drill an oil or gas well being State Tract 470 Well No. 8 approximately 3.9 miles west of Mustang Island in Corpus Christi Bay. ISSUE: An application has been submitted on behalf of Chaparral Energy, L.L.C. for a permit to drill State Tract 470 Well No. 8 which will be located in the Marine Recreation Area of Corpus Christi Bay. The location of the proposed well is outside the established cluster area, and the applicant has requested an exception based on an affirmative showing that the exception is necessary to prevent confiscation of property. REQUIRED COUNCIL ACTION: The City Code of Ordinances, Section 35 -56, requires City Council approval of drilling permit applications for exceptional well locations in Corpus Christi Bay. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. Deborah A. Marroquin, P.E. Director of Gas Operations DebbieM(cccctexas.com 361 -885 -6924 Attachments: 1. Exhibit "A" — Background Information 2. Exhibit "B" — Site Ma 3. Exhibit "C" — Permit Application BACKGROUND INFORMATION Prior Council Action: On October 21, 2008 City Council granted a permit to Sabco Operating Company to drill an oil or gas well outside the established cluster area being State Tract 71 Well No. 1 approximately three miles east of the Corpus Christi Marina in Corpus Christi Bay. The well was completed successfully. On April 22, 2008 City Council granted a permit to Sabco Operating Company to drill two oil or gas wells outside the established cluster area being State Tract 55 Well No. 8 approximately four miles east of the Corpus Christi Marina in Corpus Christi Bay and State Tract 65 Well No. 1 approximately two miles north of Texas A & M Corpus Christi in Corpus Christi Bay. Both wells were completed successfully. On January 15, 2008 City Council granted a permit to Cabot Oil and Gas Corporation to drill an oil or gas well at a location outside the established cluster area in Corpus Christi Bay, State Tract 88/89 Well No. 1. The well was completed successfully. On December 18, 2007 City Council granted a permit to Sabco Operating Company to drill an oil or gas well at a location outside the established cluster area in Corpus Christi Bay, State Tract 55 Well No.7. The well was completed successfully. On May 16, 2006 City Council granted three permits to Sabco Operating Company to drill oil or gas wells at an exceptional location in Corpus Christi Bay, State Tract 55 Well No. 5 and State Tract 52 Well Nos. 8 and 9. State Tract 55 Well No. 5 was drilled successfully. State Tract 52 Wells 8 and 9 were never drilled and the permits have expired. On February 28, 2006 City Council granted a permit to Sabco Operating Company to drill an oil or gas well at an exceptional location in Corpus Christi Bay, State Tract 49 Well No. 6. The well was drilled successfully. Background Information: The City Code of Ordinances, Section 35 -56, sets standards for wells drilled in the area of Corpus Christi Bay south of the Ship Channel and west of the Gulf Intracoastal Waterway. The well surface location must be located in the southwesterly comers of the state tracts to qualify for administrative approval as regular locations. The ordinance allows the first producing well in a particular State Tract to be the designated single cluster area for that State Tract. Unless protested, permits to drill from regular locations do not require City Council approval. Exceptional well locations are sites outside of the southwesterly comer, or "cluster area ", that allow wells to be drilled as straight or directional boreholes for the purpose of obtaining the only access to the geologic target. Section 35 -56 allows the City Council to grant permits for exceptional locations if it is affirmatively established by the lessee that use of a surface location in the applicable cluster area renders it physically impossible to make a satisfactory bottom hole completion within the applicable state lease tract. Council may grant these exceptional permits when it is necessary to prevent confiscation of property. EXHIBIT "A" SHEET 1 OF 2 "Confiscation of property', as used in Section 35 -56 of the Code, is deemed to occur only where "it is affirmatively established by lessee that use of a surface location in the applicable cluster area renders it physically impossible to make a satisfactory bottom hole completion within the applicable state lease tract." Chaparral Energy, L.L.C. has submitted an application to drill an oil or gas well being State Tract 470 Well No. 8 approximately 3.9 miles west of Mustang Island in Corpus Christi Bay. (See Exhibit "B" Sheet 2 of 4) The proposed exceptional location for State Tract 470 Well No. 8 is approximately 1,000 feet from the established cluster area for this State Tract. The proposed total depth of the well is j 11,500 feet. Chaparral Energy contends that drilling a straight hole versus a directional hole will save drilling costs and increase the probability of drilling this well successfully. A directional drill from the cluster area would create an additional cost of $772,000 to drill versus a vertical drill. A directional drill poses a high risk and possibility of losing the drill hole. Directional drilling has an increased risk of cement integrity problems, and the risk of mechanical and sticking problems. Chaparral Energy will plug and abandon State Tract 470 Well No. 5 and utilize existing platforms and pipelines. The applicant has affirmatively established that not being allowed to drill the well outside the established cluster area will result in a confiscation of property. Chaparral Energy has paid the applicable permit fee and posted the required bond and insurance certificate. The Oil and Gas Advisory Committee held a public hearing on August 9, 2010 to consider the application from Chaparral Energy, L.L.C. to drill at an exceptional location in Corpus Christi Bay Marine Recreation Area of State Tract 470. The Committee unanimously agreed that the application be recommended for approval by the City Council as applied for. Economic Impact: If approved and successfully completed the proposed well will result in a positive economic impact to the community. The lessee will pay the City a permit application fee of $1,500, an annual inspection fee of $700 and will pay ad valorem taxes. The State will collect the royalty funds that will be deposited in the Permanent School Fund to help support education across the state. Staff Recommendation: Staff recommends the permit to drill State Tract 470 Well No. 8 at an exceptional location be approved based on the fact that it is affirmatively established by the lessee that use of .a surface location in the . applicable cluster area renders it physically impossible to make a satisfactory bottom hole completion within the applicable state lease tract as necessary to prevent a confiscation of property. EXHIBIT "A" SHEET 2 OF 2 -158- EXHIBIT "B" SHEET 1 of -159- EXHIBIT "B" SHEET 2 of 4 -160- � p a) i TD (1} O U ko I— up ocn, -+rn E ° 1— Q cn m EXHIBIT "B" SHEET 3 of cL4 tit X = 2,415,156.79 Y= 762,271.74 X = 2,417,024.49 Y = 780,405,98 SHL X = 2,412;956 / si{L— Y- 758,058 X= 2,413,292.98 Y = 756,670,45 / X = 2,418,692.25 Y = 758,540.22 % \ / \ / X= 2,416.160.73 \ Y = 754804.69 \ Qhaparral ENERGY 701 Cedar Lake Blvd. Oklaf(405)4C2ty, _O�633 3114 STATE TRACT47Q9 CORPUS C HRI S 7I BA Y A R EA NUECESCOUNTY, 77964S DATE 6117/2010 SCALE: 1° =2000' REV, DATE: FlrENAMF• 10e617M1 CHAPARRAL_ SURFACE HOLE & BOTTOM HOLE LOCAT DATUM: NAD 83 TEXAS SOUTH LAT. 27 °44'49,33" LAN. 97 °13'24.47" COORDINATES DATUM: NAD 27 TEXAS SOUTH CERTIFfCATE Griffith 6.11rundrutt. Surveying BrEngi'neering, Inc 4( 1 5, 5G, Ftel. Box 2312: RoekpaitTexas y8361. 40.:361424 ,17Q d5:30.724 -7433 a►: Je:prli@gbsurveybrcpm il:ww4r gbsurveyarmrn 1, J. L.Brundre(, r., a Registered Professional Land Surveyor in the Slate cf Texas, do hereby certify that the above described well !paellas was e • slaked an the ground ae shawn. -161- Dale: May 17, 2010 .1. L. ' adfait, Jr., ICP.L.S. No. 2165 EXHIBIT "B "SHEET4of4 CORPUS CHRISTI, TEXAS OIL AND GAS REGULATION APPLICATION FOR PERMIT TO: The City of Corpus Christi, Texas FROM: Name Chaparral Energy, L.L.C. Address 701 Cedar Lake Blvd. Oklahoma City, OK 73114 (hereinafter called "Applicant ") Pursuant to the Corpus Christi OH and Gas Ordinance, and particularly that part appearing as City Code Oil and Gas Chapter 35, and the rules and regulations pursuant thereto, Applicant respectfully requests that it be granted a permit to drill and operate a well for production of oil, gas and other minerals within the City limits of said City at the location and in the manner set forth herein. IDENTITY: Applicant is a person , a partnership , a private corporation X. existing under the laws of the State of , a public corporation other association Applicant's agent for addressing correspondence and for delivery of service of notice or citation relating to this application and, any permit granted thereon, until further written notice, is: Evelyn P. Smith /Sr. Engineering Tech/Drilling Chaparral Energy, 701 Cedar Lake Blvd. Oklahoma City, OK 73114 In addition to Applicant, the parties listed as follows own a working interest in the well (if none, so state): Petro Gulf Corporation 518 17 Street, Suite 1525 Denver. Colorado 80202 WELL DATA Well Name: State Tract 470 - 8 Field Name Frio 39, 40, 41, 42, & 30 Sand Surface Location: 766 FSWL & 1196 FSEL 1 State Tract 470- 8lNueces, County/TX Bottomhole Location: NIA Vertical Depth: 11,500` Projected Date of Commencement of Drilling: 9/1/2010 oiei 6 0 lnr 03A1333I —162— EXHIBIT "C" SHEET 1of 4 Regular or Exceptional Permit This Application (does) (lees -rnet) request an exception to any requirements of Oil and Gas Chapter 35 of the City Code. (NOTE: if the permit requested is exceptional, state the reasons therefor in detail, using attachments and supporting data to the degree deemed necessary.) Applicant's Warranties and Agreements: Applicant warrants that all things stated or represented as factual in this application and any attachment thereto are true and correct, and that all material representations of Applicant made in connection therewith are and will be true and correct; at the penalty of any permit granted herein being null and void. Applicant understands that any permit granted pursuant to this application is and will be subject to all valid ordinances, rules and regulations of the City of Corpus Christi governing the subject matter, as well as all other valid and applicable laws, rules and regulations of other governmental bodies having jurisdiction. Applicant is familiar with these, or has notice of same, and agrees to comply therewith. Applicant will submit to the City Council, the Oil and Gas Advisory Committee or to the City Manager any and all other information or data respecting this application required to be furnished; and Applicant will appear before any such body or person for conference, public or private hearing, and give testimony reasonably required hereunder. In Bay Recreation Areas, Applicant hereby agrees, insofar as it has the right and authority so to do, to allow lessees of State Lease Tracts adjoining the State Lease Tract covered by this application to utilize unused surface locations on its tract as prescribed by Ordinance of the City of Corpus Christi and on the terms and conditions set forth in such Ordinance. In Marine Areas, Applicant agrees to furnish boat transportation during normal working hours from shore to the location covered by this application for the purpose of any inspection of said location and facilities situated thereon conducted by any official or employee of the City of Corpus Christi; provided that no extra duty of care is thereby imposed on Applicant. Attached hereto are true copies of all existing permits or applications for permits from other governmental agencies, pertaining to the well for which this application is made. In nonexempt Land Drilling Blocks, attached hereto is a list of all owners of unleased minerals and the fractional share of the Drilling Block owned as provided for in City Code Section 35 -83 (B) (2). Attached hereto is the bond required by the City of Corpus Christi for operations pertinent to the location applied for (Land, Bay, or Gulf): (or) reference is here made to the blanket bond filed by Applicant with the City Petroleum Superintendent; (or) reference is made to the Indemnity Agreement between Applicant and the City of Corpus Christi filed with the City Petroleum Superintendent (On file with City of Corpus Christi) Attached hereto is a copy of the insurance policies or certificates required by the City of Corpus Christi City Code; (or) reference is here made to the copy of the insurance policy or Indemnity Agreement on file in the Oil and Gas Well Division which is sufficient to cover this application. Attached —163— EXHIBIT "C" SHEET 2 of 4 Attached hereto is a plat of the area where drilling is to b conducted showing the proposed location on surface and at bottomhole. (In "non- producing" land areas the plat shall be prepared by a licensed public surveyor and include the metes and bounds description of the Drilling Block(s) to be unitized.) Attached hereto is the casing program for the well. For land wells: Attached hereto are the names and addresses of the owners of all surface property within 400 feet of the well bore. Applicant hereby agrees that the City of Corpus Christi is authorized to take over and expend funds to retain control of the well as provided in Corpus. Christi City Code Section 35-104. Submitted this 1 day of July , 2010 . r/ / /// D Johnson /Operations Manager /Drilling Applicant The State of Texas County Subscribed and sworn to before me, the undersigned authority, this 1 day of July , 20 10 . i • A ON, EVELYhi •. GMITH r ';;` 1 Nolary Pul is e.,„ 9 State of Okrahoma Commission 4 04004415 Expires 05113112 Notary Public in and for 04.41 bTh County, Okla h Received and filed this Q 7 day of u4 , 20 10 . —164— Petrol um Superintendent EXHIBIT "C" SHEET 3 of 4 STATE TRACT 470 #8 DRILLING APPLICATION FOR CITY OF CORPUS CHRISTI, TEXAS RISKS FOR CEMENT INTEGRITY, WHY AND WHAT ARE THE RISKS? Cement integrity is greatly increased in deviated holes due mainly to GRAVITY, cement falls to the low side of hole which creates a channel for fluid (gas or liquid) to flow on the high side; additional centralization required to increase "standoff' from the low side of hole; and cleaning the wellbore with fluid spacers prior to cementing is difficult because it is hard to reach critical flow in the high side of hole to adequately "clean" the wellbore. MECHANICAL PROBLEMS DUE TO DEVIATED WELLBORE, WHY AND WHAT ARE THE RISKS? The main problem in drilling deviated wellbores is well bore stability: reservoir rocks including sand, shale, dolomite, and limestone are drilled on a high angle exposing more surface area for fluid contact which can cause additional lost circulation intervals, added surface area for differential sticking, sloughing shales due to additional areal exposure, which result in longer drilling times which expose the wellbore to the above risks. Also, tripping standard directional bottom hole assemblies (BHA's) increase the swab and surge pressure on depleted formations increasing significantly the chance for stuck pipe and /or loss of circulation. Depending an natural rock fractures, bedding planes, and formation dip, an improperly drilled directional well may lessen production flow due to miss - oriented fracturing. A surface location is often altered to seek the correct trajectory to enhance the productivity in many formation sequences, but sometimes a vertical well is the ideal well to catch multiple reservoirs. RISKS OF DRILLING IN DEPLETED ZONES, WHY AND WHAT ARE THE RISKS? The risks of drilling in depleted zones are much the same as above with the added problem of lower bottom pressures in intervals that will not maintain the needed wellbore fluids (drilling mud) to control the needed reservoir pressures to contain the shales and sands immediately surrounding the depleted interval. These can result in lost circulation, stuck drill pipe, key - seats, loss of wellbore integrity and sometimes Toss of well control- blowouts, either on the surface or underground. Directional drilling thickens depleted zones which adds to these problems. -165- EXHIBIT "C" SHEET 4 of 4 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 14, 2010 AGENDA ITEM: RESOLUTION APPROVING THE FIRST AMENDMENT TO SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR THE FASTRAC GROWTH VENTURE PROGRAM ISSUE: Amend the current agreement approved by City Council on May 12, 2009 by eliminating the requirement to create a new job, but retain the requirement to maintain existing jobs to receive the initial $5,000 grant. PREVIOUS COUNCIL ACTION: May 12, 2009, Council approved an agreement for $120,000 to provide a grant to program participants who create and retain new jobs for their business. CONCLUSION AND RECOMMENDATION: Staff recommends approval for the first amendment between the Corpus Christi Business and Job Development Corporation and Del Mar College for the Fast Trac Growth Venture Program. Emily Ma ez Interim Director of Economic Development emilym@cctexas.com 826 -3312 BACKGROUND INFORMATION The agreement between the Corpus Christi and Job Development Corporation and Del Mar College for the Fast Track Growth Venture Program was last executed on June 15, 2009. The term of the agreement is from January 1, 2010 through December 31, 2010. On May 17, 2010, the Corpus Christi Business and Job Development Corporation (Type A Board) approved a change to the current program to include allowing participants to be eligible for a portion of the total grant for the retention of existing employees. In order to receive an initial $5,000 grant prior to June 30, 2010, the successful participants must complete the course, represent a business expansion and create at least one new job for their business while retaining all of their existing jobs. A second grant in the amount of $5,000 is available to successful participants who have retained their newly created position for a minimum of six months, while continuing to retain all of their existing jobs. As a result of the economic downturn, many businesses are faced with the challenges of retaining their current employment and are not able to work toward expansion and job creation. In this amendment, language has been revised to allow successful participants who complete the course, create an expansion plan and retain all of their existing employees, eligible to receive the initial $5,000. Companies seeking a second grant of $5,000 must create and retain at least one new job for a minimum of six months. The total award for this program is not to exceed $10,000 per eligible participant. Page 1 of 2 RESOLUTION APPROVING THE FIRST AMENDMENT TO SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR THE FASTRAC GROWTH VENTURE PROGRAM WHEREAS, on June 15, 2009, the Corpus Christi Business and Job Development Corporation ( "Type A Board ") and Del Mar College ( "Del Mar") to executed a Small Business Incentive Agreement for the Fastrac Growth Venture Program, which granted up to $120,000 in small business incentives to who successfully completed the program and created new jobs; WHEREAS, with the down turn in the economy, not all of the small businesses are able to create new jobs, and are struggling to retain their current payrolls; and WHEREAS, it has been determined that it would be advantageous to encourage continued participation by small businesses in the Del Mar FasTrac program and reward small businesses that use the knowledge gained by the program to retain their existing jobs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the First Amendment to the Small Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for the Fastrac Growth Venture Program, which is attached to this resolution, is approved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED: 6 6�day of August, 2010. R. Jay ei g Firs ssi ant Ci y Attorney For City Attorney Res -1st Amendment - Del Mar FasTrac — 08102010.DQG1 71 Page 2 of 2 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 Res -1st Amendment - Del Mar FasTrac — 08102010.DDC1 72_ FIRST AMENDMENT TO SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR THE FASTRAC GROWTH VENTURE PROGRAM A. The Small Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for the FasTrac Growth Venture Program ( "Agreement "), last executed on June 15, 2009, is amended by revising Section 3 to read as follows: "3. Grant. The Corporation will fund up to 24 $5,000 grants to be awarded to twelve successful participants in Del Mar's FastTrace Growth VentureTM. FastTrace Growth Venture TM is an intensive ten week, interactive course that targets existing, successful small business owners with a desire to grow their business. "a. In order to receive an initial $5,000 grant, prior to-June-30;2049 December 31, 2010, the successful participants must: "(1) Complete the course. "(2) Represent a "business expansion." ii(3) Retain all of their existing jobs. "b. In order to receive a second $5,000 grant, the successful participants must create and retain the-at least one new job that was created for a minimum of six months, while retaining all of their existing jobs." B. This amendment to the Agreement takes effect on the latest date that either party executes this amendment C. This amendment does not effect the term of the Agreement. D. Any provision of the Agreement that is not expressly amended by this amendment remains unchanged and in full force and effect. E. This amendment to the Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. EXECUTED on the date shown opposite the signature of each party. Page 1 of 2 FirstAmenment -- Small Business Agreement — Del Mar FastTrac 08102010 —1 7 3— Corpus Christi Business & Job Development Corporation By: Date: Attest By: Eloy Salazar, Chairperson Armando Chapa, Assistant Secretary Del Mar College Date: Mar Escamilla, Ph.D President THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on c7 i , 2010, by Mark Escamilla, Ph.D, for Del Mar College, a political bdivision of the State of Texas, on behalf of the college district. Notary Piblic State of Texas "•`, MARY SUE KASPAR fa Notgy 1 �� + 5AECFTTEXAS My Comm. Exp. 08 -43 -2013 /6/rdec., Page 2of2 FirstAmenment — Small Business Agreement — Del Mar FastTrac 08102010 —174— 18 CITY COUNCIL AGENDA MEMORANDUM TABLED ON 8/31/10 City Council Action Date: August 31, 2010 AGENDA ITEM: RESOLUTION APPROVING A SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ACCION TEXAS, INC. , WHICH PROVIDES GRANTS OF UP TO FOUR HUNDRED THOUSAND DOLLARS ($400,000.00), FOR THE INTEREST BUY - DOWN AND GRANT PROGRAMS FOR SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A SMALL BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE ACCION TEXAS SMALL BUSINESS INCENTIVES AGREEMENT ISSUE: To assist in the job development and growth of small businesses in the community. PREVIOUS COUNCIL ACTION: August 28, 2007 council approved a resolution, in the amount of $200,000 for an interest buy -down program. On March 11, 2008, council approved a resolution in the amount of $50,000 for a pilot initiative to provide interest buy - downs for existing small businesses. On July 29, 2008, Council Approved a resolution in the amount of $350,000 for interest buy -down program to assist small business; Approved an incentive agreement on May 12, 2009 in the amount of $400,000 CONCLUSION AND RECOMMENDATION: Staff recommends approval of current level funding to grant business incentives to ACCION Texas, Inc., in the amount of $400,000 for an interest buy -down program to assist small businesses in Corpus Christi. Emily Ma nez Interim Director of E emilymAcctexas.com 826 -3312 c Development BACKGROUND INFORMATION Summary ACCION Texas, Inc., has been administering a micro- lending program in Corpus Christi for more than three years, and has disbursed almost $2.3 million and over 230 loans. This was accomplished with the help of the City of Corpus Christi buying down the interest rate of loans to a 5.5% interest rate for struggling small business owners that did not qualify for bank loans and were willing to hire an additional employee. Many of these small businesses were start -ups and had little to no collateral. When the City of Corpus Christi Interest Buy -Down Program first began in 2004, the initial disbursement of loans was relatively slow; in the last quarter of 2004 and all of 2005 combined, ACCION Texas made only 14 buy -down loans. However, through the implementation of an effective marketing campaign using TV and radio advertisements, ACCION Texas has greatly increased the amount of loans disbursed through this program; in 2009 -2010, ACCION disbursed 61 low-interest loans. The investment of $350,000 from the City of Corpus Christi would be leveraged with ACCION Texas funds. The program for FY 10 -11 will utilize $200,000 for start -up and existing businesses that have little or no access to traditional credit and $150,000 will be used for existing businesses that wish to expand; $50,000 will be utilized for a grant program towards applicants who do not meet standard underwriting criteria, either because of capacity, cash flow, or credit. This grant will boost the applicant's ability to become successful. The grant amount may not exceed $2,500 or 10% of the principal amount requested, whichever is Tess. Borrowers will continue to be evaluated for their potential to create new permanent jobs as a result of access to reduced -cost capital. ACCION Texas will contribute $1.75 million in loan capital to this program. These loans are projected to create 110 new jobs and generate over $1 million in new revenues in the City of Corpus Christi. Year # of Loans Loan Amount Disbursed 2004 -2005 11 $229,523 2005 -2006 13 $292,827 2006 -2007 22 $401,732 2007 -2008 30 $607,665 2008 -2009 67 $1,106,230 2009 -2010 61 $1,144,271 Page 1 of 3 RESOLUTION APPROVING A SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ACCIbN TEXAS, INC. , WHICH PROVIDES GRANTS OF UP TO FOUR HUNDRED THOUSAND DOLLARS ($400,000.00), FOR THE INTEREST BUY -DOWN AND GRANT PROGRAMS FOR SMALL BUSINESSES AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A SMALL BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE ACCIbN TEXAS SMALL BUSINESS INCENTIVES AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Board ") has budgeted funds to assist small business in Corpus Christi, Texas. WHEREAS, in 2007, the Type A Board requested proposals and determined that the proposal from ACCIbN Texas Inc. (ACCIbN Texas), best provided assistance for small business support; WHEREAS, ACCIbN Texas inc. ( ACCIbN Texas), has requested continued funding from the Corporation for the successful interest buy -down program that assists small businesses; WHEREAS, ACCIbN Texas Inc. ( ACCIbN Texas), has funding from the Corporation's proposed grant program to assist small businesses; WHEREAS, there is a need for a small business incentives project support agreement between the City of Corpus Christi ( "City ") and the Type A Board for the implementation and administration of the business incentives agreement with ACCIbN Texas for the interest buy -down and grant programs to assist small businesses in Corpus Christi. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the small business incentives agreement for the interest buy -down and grant programs for small businesses between the Type A Board and ACCIbN Texas, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Board for the implementation and administration of the small business incentives agreement with ACCIbN Texas for the interest buy -down and grant programs to assist small businesses in Corpus Christi, which is attached to this resolution as Exhibit B. Res- AgmtSrnaliBus- ACCIONapproval- 08252010 —17 9— ATTEST: Armando Chapa City Secretary APPROVED: 7 day of September, 2010. R.),as lniing First A sistant C. Attorney For City Attorney Res- AgmtSmallBus ACCIONapproval -- 08252010 —180— Page 2 of 3 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 R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Res- AgmtSmalIBus- ACCIONapproval -- 08252010 —181— Page 3 of 3 SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ACCIoN TEXAS, INC. FOR AN INTEREST BUY -DOWN PROGRAM FOR SMALL BUSINESSES This Small Businesses Incentives Agreement for an Interest Buy -Down Program for Small Businesses ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and ACCION Texas, Inc., a Texas nonprofit corporation ("ACCION Texas "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentivess; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentivess on September 18, 2007; WHEREAS, ACCION Texas is a Texas nonprofit corporation whose principal mission is to provide loans to small business owners lacking access to commercial credit; WHEREAS, ACCION Texas anticipates, over the next twelve months, providing interest buy -down to 5.5% for approximately 60 loans with an average value of $25,000 to low and moderate income micro and small business owners in Corpus Christi to generate 20 new permanent full -time jobs; Page 1of14 ACCION %20Texas%20Agreement %2008092010 %20changes[11 8 2 ' WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to ACCION Texas, through this contract with ACCION Texas, to be used by ACCION Texas to buy -down the interest on commercial loans to 5.5% interest for small businesses and establish a small business grant program, both of which will result in creation of new full -time permanent jobs in the city of Corpus Christi. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and ACCION Texas agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from August 1, 2010, through July 31, 2011. This agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. 3. Loan Loss Reserve Program. a. The Corporation has previously provided $75,000 for the Loan Loss Reserve Program. b. The Loan Loss Reserve Program funds will be used to allow ACCION Texas to leverage additional capital for small business loans. c. "Small business" is defined in the Corpus Christi Business & Job Development Corporation Guidelines & Criteria for Granting Business lncentivess ("Corporation Guidelines), adopted on May 5, 2003, and amended on July 24, 2004, April 25, 2006, and April 10, 2007. d. ACCION Texas anticipates that it will have one million dollars available on an annual basis to be lent to qualifying small businesses in Corpus Christi. e. For every $50,000 in loans that ACCION Texas provides to a small business in Corpus Christi, ACCION Texas shall ensure that the loan will result in the creation of one new full -time permanent job in the city of Corpus Christi. f. Businesses assisted must be located in or locating within the city limits of Corpus Christi, Texas. g. Businesses assisted must be unable to obtain a loan form traditional lending institutions. h. Loan amounts shall be within the range of $5,000 to $75,000. Page 2 of 14 ACCION° %20Texas %28Agreement %2008092010 %20changes[1? 83— i. ACCION Texas shall provide the Corporation with quarterly reports to identify the loans made, name and address of business receiving loan, jobs created, and other reports as requested by the Corporation. j. ACCION Texas shall provide the corporation with quarterly reports of capital available for loans to qualified Corpus Christi small businesses or qualified small businesses locating to Corpus Christi. k. ACCION Texas will provide funds for operations and loan capital to implement and sustain the program. 4. Interest Buy Down Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay ACCION Texas up to $350,000 for the Interest Buy -Down Program as follows: I. ACCION Texas must first receive a request for a loan from a small business that has been in existence for not more than five (5) years located in Corpus Christi, or a business locating in Corpus Christi ( "Business "). ii. ACCION Texas shall review the request for a loan from the Business. iii. Upon ACCION Texas approval of a loan, and prior to the closing of the loan, ACCION Texas shall submit Attachment "A" to the Corporation requesting funds to buy down the interest rate from the interest rate allowable per the underwriting criteria to 5.5 %. The Corporation authorizes an interest buy -down up to 7% of the interest rate to finance the loan. Payment by Corporation shall not exceed $17,500 per loan and shall be calculated using the following formula: (Loan amount x interest rate to buy down to 5.5%) / 12 = N N x number of payments = interest buy down reimbursement to ACCION Texas for business loan. (The number of monthly payments shall not exceed sixty (60).) Example: ($10,000 x 7 %)112 = 58.33 58.33 x 36 = $2,100 = amount to be reimbursed to ACCION Texas for business loan. iv. The Corporation shall provide a response to approve or deny the reimbursement for the Interest Buy Down Program funds to ACCION Texas within 2 business days of receipt of Attachment "A." The Corporation shall reimburse funds within 30 days after evidence of closing the loan is submitted. Page 3 of 14 ACCION%20Texas%20Agreement %2008092010 %20changes[11 8 4 v. The total funds available on an annual basis under the Interest Buy - Down Program under this agreement is $350,000. b. The loans assisted with the program must be within the range of $5,000 to $75,000. c. This program must result in the creation of one permanent full -time job per every loan of at least $50,000 assisted with the Interest Buy Down Program. ACCI6N Texas shall ensure that the loan will result in the creation of one new full -time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: 1. A start-up or existing small business that is unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case ACCI5N Texas can loan the remaining amount with the buy -down interest rate program in conjunction with the banklcredit union. ii. An existing small business that needs assistance to expand. iii. Any business assisted under the provisions of paragraphs 1 or ii of this subsection, must be: A. Located in or locating in Corpus Christi city limits. B. A business or home -based business in existence for not more than five (5) years located in the Corpus Christi city limits. C. Current on payment of all sales taxes. D. Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: i. Refinancing of existing loans or debt ii. Businesses located outside the Corpus Christi city limits M. Home -based businesses located outside the Corpus Christi city limits iv. Loans to existing businesses which are not planning on expanding v. Business retention. f. ACCI5N Texas may use up to $200,000 to assist start -up and existing small businesses that have little or no access to traditional credit, and up to $150,000 to existing small businesses that wish to expand. Page 4 of 14 ACCION%20Texas%20Agreement %2008092010 %20changes[1 85— 1] g. ACCIKN Texas shall provide the Corporation with quarterly reports as provided in Attachment "B" to identify the loans made, name and address of the business receiving the loan, jobs created under the Interest Buy -Down Program, and other reports as requested by the Corporation. h. ACCIC}N Texas shall provide funds for operations and loan capital to implement and sustain the program. i. ACCIcN Texas shall develop loan underwriting criteria and payment terms and conditions for its loan program and provide to the Corporation. j. At the termination of this agreement and after repayment or other conclusion of all loans assisted by Interest Buy Down Program, ACCION Texas will return to the Corporation any unexpended funds remaining from the Loan Loss Reserve Program. 5. Small Business Grant Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay ACCI5N Texas up to $50,000 for the Small Business Grant Program as follows: i. Grants to loan applicants who do not meet standard underwriting criteria, either because of capacity, cash flow, or credit, who could benefit from a grant to boost their ability to become successful. The grant amount may not exceed $2,500 or 10% of the principal amount requested, whichever is less. ii. Grants to loan applicants who want to use part of loan proceeds to reduce energy consumption or transition into green retail products. The grant amount may not exceed $2,500 or 25% of the upgrades presented in the loan file. Grants to loan applicants who provide services for working families (e.g. both children and adult day care centers) to improve their facilities to be compliant with state/federal standards. The grant amount may not exceed $2,500. iv. Grants to loan applicants that are veteran owned businesses. The grant amount may not exceed $500. v. Working capital grants to holders of existing loans with ACCI6N Texas. If the loans that have paid routinely on time for a period of 24 months, the maximum grant amount may not exceed $1000. If the loans have been paid routinely on time for a period of 12 months on time payments, the maximum grant amount may not exceed $500 grant. Page5ofl4 ACCION% 20Texas% 20Agreement %2008092010%20changes[7]1 8 6 b. The loans assisted with the program must be within the range of $500 to $25,000. c. This program must result in the creation of one permanent full -time job per every related loan of at least $50,000 assisted through the Interest Buy Down Program. ACCIcN Texas shalt ensure that the loans will result in the creation of one new full -time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: 1. A start-up or existing small business that is unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case ACCIc3N Texas can loan the remaining amount with the buy -down interest rate program in conjunction with the banklcredit union. ii. An existing small business that needs assistance to expand. iii. Any business assisted under the provisions of paragraphs i or ii of this subsection, must be: A. Located in or locating in Corpus Christi city limits. B. A business or home -based business in existence for not more than five (5) years located in the Corpus Christi city limits. C. Current on payment of all sales taxes. D. Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: L Businesses located outside the Corpus Christi city limits ii. Horne-based businesses located outside the Corpus Christi city limits iii. Grants to existing businesses which are not planning on expanding f. ACCIeN Texas shall provide the Corporation with quarterly reports as provided in Attachment "B" to identify the grants made, name and address of the business receiving the grant, jobs created under the related Interest Buy -Down Program, and other reports as requested by the Corporation. g. ACCION Texas shall provide funds to implement and sustain the program. h. ACCI6N Texas shall develop grant award criteria and payment terms and conditions for the grant loan program, and must provide copies of the criteria, terms, and conditions to the Corporation. Page 6 of 14 ACCION %20Texas %20Agreement %2008092010 %20changes1118 1. At the termination of this agreement or other conclusion of the Small Business Grant Program, ACCION Texas shall return to the Corporation any unexpended funds remaining from the Small Business Grant Program. 6. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. c. ACCI6N Texas agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the loan to the Business. d. ACCION Texas agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full -time permanent employees employed by the small business. e. ACCION Texas shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. 6. Buy Local Provision. a. ACCION Texas agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 7. Local Offices. Two staff persons of ACCION Texas offices shall be located in Corporation designated offices or a mutually agreeable location. 8. Representation on ACCION Texas governing board. ACCI6N Texas agrees to appoint a person designated by the Corporation as a member of ACCI (5N Texas governing board. 9. Warranties. ACCION Texas warrants and represents to Corporation the following: Page 7of14 ACCION %20Texas %20Agreement %2008092010 %20changes(1]1 8 a. ACCION Texas is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. ACCION Texas has the authority to enter into and perform, and will perform, the terms of this Agreement. c. ACCION Texas has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. ACCION Texas has received a copy of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, ACCI6N Texas agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of ACCI6N Texas are duly authorized to execute this Agreement on behalf of ACCION Texas. 10. Compliance with Laws. ACCION Texas shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 11. Non - Discrimination. ACCI6N Texas covenants and agrees that ACCION Texas will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure. If the Corporation or ACCION Texas are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or ACCION Texas are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 13. Assignment. ACCI6N Texas may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and Page 8 of 14 ACCION% 20Texas% 20Agreement %2008092010%20changes[11 8 9 City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 14. Indemnity. ACCIoN Texas covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ('7ndemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with ACCIoN Texas activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the indemnitees. ACCIoN Texas must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default. The following events constitute a default of this Agreement: a. Failure of ACCI5N Texas to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of ACCIoN Texas contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against ACCRA Texas or any attachment or other levy against the property of ACCI5N Texas with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. ACCI5N Texas makes an assignment for the benefit of creditors. e. ACCIoN Texas files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by ACCIcN Texas become delinquent, and ACCIRN Texas fails to timely and properly follow the legal procedures for protest or contest. Page 9 of 14 —190— ACCION %20Texas %20Agreement %2008092010 %20changes[1] g. ACCION Texas changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 16. Notice of Default. Should the Corporation or City determine that ACCION Texas is in default according to the terms of this Agreement, the Corporation or City shall notify ACCION Texas in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for ACCION Texas to cure the event of default. 17. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of ACC1oN Texas, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. ACCION Texas shall immediately repay all funds paid by Corporation under this Agreement. b. ACCION Texas shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to ACCION Texas under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 18. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of ACCION Texas' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time ACCION Texas is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. Page 10 of 14 ACCION% 207 exas% 20Agreemenl %2008092010%2Qchanges[1) 91— 19. ACCION Texas specifically agrees that Corporation shall only be liable to ACCION Texas for the actual amount of the money grants to be conveyed to ACCION Texas , and shall not be liable to ACCION Texas for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being August 1, 2010, through July 31, 2011. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from ACCION Texas to be accompanied by all necessary supporting documentation. 20. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: ACCION Texas: ACCION Texas Attn.: Janie Barrera 2014 Hackberry San Antonio, Texas 78210 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Page 11of14 ACCION %20Texas %20Agreement %2008092010 %20changesTi]1 9 2— c. Notice is effective upon deposit in the United States mail in the manner provided above. 21. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentivess ("Corporation Guidelines "), as amended, are incorporated into this Agreement. 22. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 23. Relationship of Parties. In performing this Agreement, both the Corporation and ACCIoN Texas will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 24. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 25. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 26. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 27. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and ACCI3N Texas. Any prior agreements, promises, negotiations, or Page 12 of 14 ACCION% 20Texas% 2OAgreement %2008092010%20changes 111 93— representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 28. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to the Loan Loss Reserve Program and the Interest Buy Down Program shall survive the termination of this agreement. Corpus Christi Business & Job Development Corporation By: Date: Eloy Salazar Chairperson Attest: By: Armando Chapa Assistant Secretary Page 13 of 14 —194— ACCiON %20Texas%20Ag reement%200809201 0%20changes[1 ] ACC1ON Texas, Inc. By: Janie Barrera President and Chief Executive Officer Date: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by Janie Barrera, President and Chief Executive Officer for ACCION Texas, Inc., a Texas non - profit corporation, on behalf of the corporation. Notary Public State of Texas Page 14 of 14 ACCI ON°% 20Texas% 20Agreement %2008092010%20changes[11 9 SMALL BUSINESS INCENTIVES PROJECT SERVICE AGREEMENT ACCION TEXAS INTEREST BUY -DOWN AND GRANT PROGRAMS FOR SMALL BUSINESSES This Small Business Incentivess Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentivess; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentivess on September 18, 2007; WHEREAS, ACCION Texas has submitted a proposal to the Corporation for $350,000 for the interest buy -down and grant programs for small businesses in Corpus Christi; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the ACCION Texas interest buy -down and grant programs; and WHEREAS, the Corporation and ACCION Texas have executed a small business incentives project agreement for an interest buy -down and grant programs for small businesses. ACCION Project Support Agreement 4A -City 08092010 Page 1 of 3 in consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentivess Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Small Business Incentives Agreement for an Interest Buy -Down and Grant Programs for Small Businesses between the Corporation and ACCION Texas ( "Small Business Incentives Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Small Business Incentives Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Small Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not -P e2of3 ACCION Project Support Agreement 4A-City 08092010 affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar City Manager Chairperson Date: Date: Attest: Armando Chapa City Secretary Approved as to Legal Form: August 2010. R. Jay Reining First Assistant City Attorney for City Attorney ACCION Project Support Agreement 4A -City 08092010 " '&k 3 of 3 19 AGENDA MEMORANDUM DATE: September 14, 2010 SUBJECT: Street Overlays Group 1 (Project No. 64751 CIP No. ST 31) CHANGE ORDER NO. 11 Street Overlays Group 2 (Project No. 6480 / CIP No. ST 31) CHANGE ORDER NO. 8 AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute Change Order No. 11 with Bay, Ltd. of Corpus Christi, Texas in the amount of $244,759.47 for a total restated fee of $3,417,085.23 for Street Overlays Group 1. (BOND ISSUE 2008) B. Motion authorizing the City Manager, or his designee, to execute Change Order No. 8 with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $130,488.52 for a total restated fee of $1,963,234.43 for Street Overlays Group 2. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. Change Order No. 11 for Group 1 and Change Order No. 8 for Group 2 are necessary in order to adjust the original bid quantities to reflect the actual quantities needed to complete the project. FUNDING: Funding is available from the Streets, Storm Water, Water, Wastewater and Gas Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the Motions as presented. Pete Anaya, P.E., Director of Engineering Services 361 - 826 -3781 petean @cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Background Prior Actions Change Order Summary Project Budget Location Maps (Pages 1 & 2) Change Orders HAHOM81KelbOAGENVETREETSM6475 and 6400- Sues, Overleye-Greepe 1 & 2 BOND Order No. 11.6475 ee No. 141a052 AGENDA MEMO.dx AGENDA BACKGROUND INFORMATION SUBJECT: Street Overlays Group 1 (Project No. 64751 CIP No. ST 31) CHANGE ORDER NO. 11 Street Overlays Group 2 (Project No. 64801 CIP No. ST 31) CHANGE ORDER NO. 8 CHANGE ORDER NO. 11 (Group 1) DESCRIPTION: The proposed Change Order No. 11 for Street Overlays Group 1 consists of additional quantities for the following items: overrun fine items, remove low profile barriers, limestone base under valley gutters, eliminate existing pavement markings, 8 pipe bollards on Tarlton, excavate saturated subgrade on Horne Road, remove and replace sidewalk on Horne Road, Wood River and Tarlton, remove and replace driveways on Wood River and Tarlton, remove and replace curb ramps on Tarlton and remove and replace curb and gutter on Tarlton. CHANGE ORDER NO, 8 (Group 2) DESCRIPTION: The proposed Change Order No. 8 for Street Overlays Group 2 consists of additional quantities for the following items: adjust existing water valves, remove and replace concrete drive, reflective pavement markings, adjust existing sanitary sewer manhole, adjust existing gas valves, adjust existing storm sewer manhole, full depth pavement repair, demolish and remove 5' brick sidewalk, relocate existing mailbox, seal coat, 4" dyed stamped concrete sidewalk, replace curb and gutter and replace brick pavers. Change Order No. 8 will also credit back on marginal compacted asphalt for Whitecap. PROJECT DESCRIPTION: The project consists of asphalt overlays on portions of several City streets. The streets will be in two groups. Group 1 includes the following streets: • Agnes from Crosstown to Port Avenue • Laredo from Crosstown to Agnes • Wood River from FM 624 to Guadalupe • Wood River from Guadalupe to Beal • Home from Port Avenue to Greenwood • Tarlton Street from Ayers to Crosstown • Kostoryz from SPID to Holly The project base bid for Group 1 will include 62,960 sq. yds. pavement milling, 5,290 sq. yds. of full depth pavement repair, 25,640 sq. yds. geogrid reinforcement, 25,640 sq. yds. high strength base, 78,285 sq. yds. seal coat, 78,285 sq. yds. hot -mix asphalt concrete pavement, 126 each valve adjustments, 94 each manhole adjustments, 6,080 In. ft. of curb replacement, 6,975 sq. ft. ADA compliant curb ramps, 77,640 In. ft. of pavement striping and all associated traffic control measures. Group 2 includes the following streets: • Glen Oak from Flour Bluff Drive to Waldron • Hustlin' Hornet from Debra to Laguna Shores • Whitecap from Park Road 22 to Gulf of Mexico • Flato Road from Bear Lane to Bates • Wooldridge Road from Quebec to Oso Parkway EXHIBIT "A" nn'' Page 1 of 2 H:HOMEUKeItyO1GENISTREETS16475 and 6400- Street Overlays- Groups 1 & 2 BOND2dB'8(6OnstrucdanlChange Order No. 11 -6475 & No. 6448813 AGENDA BACKGROUND,doc • Yorktown from Waldron to Laguna Shores The project base bid for Group 2 will include 68,715 sq. yds. of pavement milling, 2,900 sq. yds. of full depth pavement repair, 15,650 sq. yds. of pavement reclamation with cement treatment, 73,865 sq .yds. seal coat, 73,865 sq. yds. hot -mix asphalt concrete pavement, 17 each valve adjustments, 11 each manhole adjustments, 29,000 sq. ft. of removal of existing brick walkway, 29,000 sq. ft. of stamped concrete sidewalk, 2,050 In. ft. of TxDOT -style metal beam guard fence, 450 sq. yds. high strength base, 850 sq. ft. ADA compliant curb ramps, 76,010 In. ft. of pavement striping and all associated traffic control measures. CONTRACT TERMS: The construction contract is increased by $244,759.47 for Group 1 (Bay, Ltd.) and $130,488.52 for Group 2 (Haas- Anderson Construction); all other provisions of the contract remain unchanged. PROJECT BACKGROUND: The Street Overlays Groups 1 & 2 project is part of the Bond Issue 2008 Street Improvements Package, which was approved by voters on November4, 2008. The City of Corpus Christi held an election to consider a number of ballot propositions to funds major capital improvements for the community, Bond issue 2008. The November4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. EXHIBIT "A" _� _ Page 2 of 2 ft IHOMEkKe11yO1GENISTREETS16475 and 6480- Street Ovedays- Groups 1 & 2 BOND anslruoUorn \Change Order No. 11.6475 & No. 8. 648013 AGENDA BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: Street Overlays Group 1 (Project No. 64751 CIP No. ST 31) CHANGE ORDER NO. 11 Street Overlays Group 2 (Project No. 64801 CIP No. ST 31) CHANGE ORDER NO. 8 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) 4. February 10, 2009 — A. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas, in the amount of $549,830 for the Street Overlays Group 1 project for the following streets: (BOND ISSUE 2008) (M2009 -030) • Agnes from Crosstown to Port Avenue • Laredo from Crosstown to Agnes • Wood River from FM 624 to Guadalupe • Wood River from Guadalupe to Beal • Horne from Port Avenue to Greenwood • Tarlton Street from Ayers to Crosstown • Kostoryz Street from SPID to Holly B. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P., of Corpus Christi, Texas, in the amount of $552,210 for the Street Overlays Group 2 project for the following streets: (BOND ISSUE 2008) (M2009 -031) • Glen Oak from Flour Bluff Drive to Waldron • Hustlin' Hornet from Debra to Laguna Shores • Whitecap from Park Road 22 to Gulf of Mexico • Mato Road from Bear Lane to Bates EXHIBIT "B" Page 1 of 4 H:1HOME\1CeIbO \GBN\STRBET516475 and 6480- Street Overlays - Groups I & 2 BOND 20081Canstmciion \Change Order No. 11 -6475 & No. 8-648044 PRIOR AC IONS.doc 204�— • Wooldridge Road from Quebec to Oso Parkway • Yorktown from Waldron to Laguna Shores 5. September 22. 2009 — A. Motion authorizing the City Manager, or his designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,733,748.55 for Street Overlays Group 1 for the Total Base Bid. (BOND ISSUE 2008) B. Motion authorizing the City Manager, or his designee, to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $1,586,683.75 for Street Overlays Group 2 for the Total Base Bid. (BOND ISSUE 2008) 6. February 23, 2010 — Motion authorizing the City Manager or his designee to execute Change Order No. 5 to the construction contract with Bay, Ltd., of Corpus Christi, Texas in the amount of $252,810.98 fora total restated fee of $3,070,115.90 for Street Overlays Group 1 to add additional sidewalks, driveways and curb ramps to improve accessibility and encase an unidentified sanitary force main in cement sand. (BOND ISSUE 2008) (Motion No. 2010 -043) 7. June 8, 2010 — Motion authorizing the City Manager, or his designee, to execute Change Order No. 4 to the construction contract with Haas Anderson Construction, Ltd., of Corpus Christi, Texas in the amount of $160,887.56, for a total restated fee of $1,793,608.17 for Street Overlays Group 2 for the full depth repair for Wooldridge Road and Flato Road. (BOND ISSUE 2008) (Motion No. 2010 -128) 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. March 25. 2009 — Administrative approval of a Geotechnical Testing Agreement with Rock Engineering and Testing Laboratory, Inc. in the amount of $31,812.50 for Street Overlays Group 1. (Bond 2008) 5. March 25, 2009 — Administrative approval of a Geotechnical Testing Agreement with Rock Engineering and Testing Laboratory, Inc. in the amount of $31,137.50 for Street Overlays Group 2. (Bond 2008) EXHIBIT "B" Page 2 of 4 FL•SHOME5KeUyO \GEN'STREETS16475 and 6400- Street Overlays -Groups 1 & 2 BOND 7.00 2 0584CanstntctionlChsega Order No. 11-6475 & No. 8-648044 PRIOR AGTiONS.doc 6. December 14, 2009 — Administrative approval of a Construction Materials Testing Agreement with Rock Engineering and Testing Laboratory, Inc. in the amount of $39,311.00 for Street Overlays Group 1. (Bond 2008) 7. December 14. 2009 — Administrative approval of a Construction Materials Testing Agreement with Rock Engineering and Testing Laboratory, Inc. in the amount of $27,335.00 for Street Overlays Group 2. (Bond 2008) 8. January 21. 2010 — Administrative approval of Change Order No. 1 to the construction contract with Bay, Ltd. in the amount of $19,721.76 for a total restated fee of $2,753,470.31 for Street Overlays Group1. (Bond 2008) 9. February. 1 201 — Administrative approval of Change Order No. 1 to the construction contract with Haas - Anderson Construction, in the amount of $15,476.30 for a total restated fee of $1,602,160.05 for Street Overlays Group 2. (Bond 2008) 10. February 10, 2010 — Administrative approval of Change Order No. 2 to the construction contract with Bay, Ltd. in the amount of $24,128.30 for a total restated fee of $2,777,598.61 for Street Overlays Group 1. (Bond 2008) 11. February 10, 2010 — Administrative approval of Change Order No. 3 to the construction contract with Bay, Ltd. in the amount of $17,896.16 for a total restated fee of $2,795,494.77. for Street Overlays Group 1. (Bond 2008) 12. February 19, 2010 — Administrative approval of Change Order No. 4 to the construction contract with Bay, Ltd. in the amount of $21,810.15 for a total restated fee of $2,817,304.92 for Street Overlays Group 1. (Bond 2008). 13. March 23. 2010 — Administrative approval of Change Order No. 2 to the construction contract with Haas - Anderson Construction in the amount of $23,090.56 for a total restated fee of $1,625,250.61 for Street Overlays Group 2. (Bond 2008) 14. April 5, 2010 — Administrative approval of Change Order No. 6 to the construction contract with Bay, Ltd. in the amount of $9,487.11 for a total restated fee of $3,079,603.01 for Street Overlays Group 1. (Bond 2008) 15. April 12, 2010 — Administrative approval of Change Order No. 7 to the construction contract with Bay, Ltd. in the amount of $23,111.68 for a total restated fee of $3,102,714.69 for Street Overlays Group 1. (Bond 2008) 16. April 19, 2010 — Administrative approval of Change Order No. 8 to the construction contract with Bay, Ltd. in the amount of $23,11 1.68 for a total restated fee of $3,125,826.37 for Street Overlays Group 1. (Bond 2008) EXHIBIT "B" Page 3 of 4 H :51IOME11Ce11yO1GENISTREETS16475 and 6480- Street Overlays -Groups 1 & 2 BOND 20$1 nstruction Change Order No 11 -6475 & No. 8- 648014 PRIOR ACTIONS.doe 17. April 21. 2010 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with RVE, Inc. in the amount of $20,000.00 for a total restated fee of $569,830.00 for Street Overlays Group 1. (Bond 2008) 18. Mav 6, 2010 — Administrative approval of Change Order No. 3 to the construction contract with Haas - Anderson Construction in the amount of $7,470.00 for a total restated fee of $1,632,720.61 for Street Overlays Group 2. (Bond 2008) 19. Mav 7. 2010 — Administrative approval of Change Order No. 9 to the construction contract with Bay, Ltd. in the amount of $23,751.81 for a total restated fee of $3,149,578.18 for Street Overlays Group 1. (Bond 2008) 20. May 21. 2010 — Administrative approval of Change Order No. 10 to the construction contract with Bay, Ltd. in the amount of $22,747.58 for a total restated fee of $3,172,325.76 for Street Overlays Group 1. (Bond 2008) 21. July 1, 2010 — Administrative approval of Change Order No. 5 to the construction contract with Haas - Anderson Construction in the amount of $1,557.10 for a total restated fee of $1,795,165.27 for Street Overlays Group 2. (Bond 2008) 22. July 25, 2010 — Administrative approval of Change Order No. 6 to the construction contract with Haas - Anderson Construction in the amount of $12,716.70 for a total restated fee of $1,807,881.97 for Street Overlays Group 2. (Bond 2008) 23. July 28, 2010 — Administrative approval of Change Order No. 7 to the construction contract with Haas - Anderson Construction in the amount of $24,863.94 for a total restated fee of $1,832,745.91 for Street Overlays Group 2. (Bond 2008) EXHIBIT "B" Page 4 of 4 H:IHOME\KeIly0 \G1INSSTRERTS16475 and 6480- Street Overlays - Groups 1 & 2 BOND 2 O tion \Change Order No. 11 -6475 & No 5- 646014 PRIOR AC IONS.dac Department of Engineering Services Change Order Summary Sheet September 14, 2010 PROJECT: Street Overlays Group 1 (BOND ISSUE 2008) Project No. 6475 / CIP No: ST 31 APPROVED: City Council on 9/22/09 - Motion No. 2009 -276 CONTRACTOR: Bay, Ltd. P.O. Box 9908 Corpus Christi, TX 78469 SUMMARY: This Change Order provides for additional quantities for the following items: overrun line items, remove low profile barriers, limestone base under valley gutters, eliminate existing pavement markings, 8 pipe bollards on Tarlton, excavate saturated subgrade on Horne Road, remove and replace sidewalk on Horne Road, Wood River and Tarlton, remove and replace driveways on Wood River and Tarlton, remove and replace curb ramps on Tarlton and remove and replace curb and gutter on Tarlton. TOTAL CONTRACT AMOUNT $2,733,748.55 25% Limit Amount. 683,437.14 Change Order No. 1 (1/21/10) 19,721.76 Change Order No. 2 (2/10/10) 24,128.30 Change Order No. 3 (2/10/10) 17,896.16 Change Order No. 4 (2/19/10) 21,810.15 Change Order No. 5 (2/23/10, M2010 -043) 252,810.98 Change Order No. 6 (4/5/10) 9,487.11 Change Order No. 7 (4/12/10) 23,111.68 Change Order No. 8 (4/19/10) 23,111.68 Change Order No. 9 (5/7/10) 23,751.81 Change Order No. 10 (5/21/10) 22,747.58 Change Order No 11 (Council 9/14/10) 244.759.47 Total $683,336.68= 24.99% < 25% EXHIBIT "C" Page 1 of 2 liftHOMEUCelly0AGEN1STREETS16475 and 6480 - Sheet Overlays- Groups 1 & 2 BOND 2008 ConstruclionlChange Order No. 11-6475 & No. 8- 646015 CHANGE ORDER SUMMARY.doc -208- Department of Engineering Services Change Order Summary Sheet September 14, 2010 PROJECT: Street Overlays Group 2 (BOND ISSUE 2008) Project No. 6480 / CIP No: ST 31 APPROVED: City Council on 9/22/09 - Motion No. 2009 -277 CONTRACTOR: Haas - Anderson Construction Co. 1402 Holly Road Corpus Christi, TX 78417 SUMMARY: This Change Order provides for additional quantities for the following items: adjust existing water valves, remove and replace concrete drive, reflective pavement markings, adjust existing sanitary sewer manhole, adjust existing gas valves, adjust existing storm sewer manhole, full depth pavement repair, demolish and remove 5` brick sidewalk, relocate existing mailbox, seal coat, 4" dyed stamped concrete sidewalk, replace curb and gutter and replace brick pavers. Change Order No. 8 will also credit back on marginal compacted asphalt for Whitecap. TOTAL CONTRACT AMOUNT $1,586,683.75 25% Limit Amount 396,670.94 Change Order No. 1 (2/01/10) 15,476.30 Change Order No. 2 (3/23/10) 23,090.56 Change Order No. 3 (5/6/10) 7,470.00 Change Order No. 4 (6/08/10, M2010 -128) 160,887.56 Change Order No. 5 (7/01/10) 1,557.10 Change Order No. 6 (7/25/10) 12,716.70 Change Order No. 7 (7/28/10) 24,863.94 Change Order No. 8 (Council 9/14/10) 130,488.52 Total $376,550.68= 23.73% < 25% EXHIBIT "C" Page 2 of 2 HAHOMEIKeIly01GENISTREETSI6475 and 6480- Street Overlays - Groups 1 & 2 BOND 20081CoestructioreChange Order No. 11 -6475 & No. 8.648015 CHANGE ORDER SUMMARY.doc -209- PROJECT BUDGET STREET OVERLAYS GROUPS 1 & 2 (BOND ISSUE 2008) Project Nos. 6475 & 6480 September 14, 2010 FUNDS AVAILABLE: Bond Issue 2008 $11,815,000.00 FUNDS REQUIRED: Construction Group 1 - (Bay, Ltd.) Construction Group 2 - (Haas - Anderson Construction, Ltd.) Contingencies (10 %) Change Orders: Change Orders Group 1 (Bay, Ltd.) Nos. 1 -10 Change Order No. 11 Group 1 (Bay, Ltd.) Change Orders Group 2 (Haas- Anderson) Nos. 1 - 7 Change Order No. 8 Group 2 (Haas- Anderson) Consultant Fees: Consultant Group 1 - (RVE, Inc.) (Large A/E & Amd. No. 1) Consultant Group 2 - (Coym, Rehmet & Gutierrez Engineering) (Large NE) Consultant Group 1 & 2 (Farrera Architects) Testing Group 1 - Geotechnical Testing (Rock Engineering) Testing Group 1 - Construction Materials Testing (Rock Engineering) Testing Group 2 - Geotechnical Testing (Rock Engineering) Testing Group 2 - Construction Materials Testing (Rock Engineering) Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) Finance Issuance Misc. (Printing, Advertising, etc.) Total FUNDS REMAINING —2 1 0— $2,733,748.55 1,586,683.75 432,043.23 $438,577.21 $244,759.47 246,062.16 130,488.52 $569,830.00 552,210.00 795.00 31,812.50 39,311.00 31,137.50 37,948.00 $97,209.73 151,215.13 54,005.40 21,602.16 $7,399,439.31 $4,415,560.69 \ Mproject \councilexhibits \exh 6475. d wg PROJECT SITE Wood River from 624 to Guadalupe FJL 624 PROJECT SITE Wood River from Guadalupe to Beal 9V'IL 'CES 13.51y 1- -J 5 J CCIA PROJECT SITE Laredo from Crosstown to Agnes PROJECT SITE Agnes from Crosstown to Port PROJECT SITE Tarlton Street from Ayers to Crosstown CORPUS C3-CRISIT RAY PROJECT SITE Horne from Port Avenue to Greenwood F.M. 43 CITY PROJECT # 6475 1 PROJECT SITE Kostoryz Street from SP1D to Holly LOCATION MAP NOT TO SCALE EXHIBIT "E" STREET OVERLAYS GROUP 1 BOND 2008 211 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 8/31/2010 IMP MIN \Mproject \councilexhibits\ exh6480b. d wg 9Y'IUECES B.A71 CO2P1.1S crs�Ly PROJECT SITE F!ato Road from Bear Lane to Bates F,1, 43 311-9LDRE PROJECT SITE Wooldridge Road from Quebec to Oso Parkway CITY PROJECT # 6480 PROJECT SITE Glen Oak from Flour Bluff Drive to Waldron WHITECAP PROJECT SITE Hustlin' Hornet from Debra to Laguna Shores PROJECT SITE Yorktown from Waldron to Laguna Shores PROJECT SITE Whitecap from Park Rood 22 to Guff of Mexico LOCATION MAP NOT TO SCALE guy Og as co EXHIBIT "E' STREET OVERLAYS GROUP 2 (BOND ISSUE 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVIC=ES PAGE: 2 of 2 DATE 8/31/2010 CHANGE ORDER NO: I 1 CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas FUNDING SOURCE: Operating Department: Street Department Name of Project: Contractor: Street Overlays Bond 2008 Group I - P.It. #6475 Bay, Ltd. CONTRACT TIME: 300 C.D. DATE: August 11, 2010 CHANGE Add the following quantities to the contract: See Attached Breakdown: ADD S244,759.47 TOTAL NET: $244,759.47 Why was this change necessary? (If left off the plans and specifications, explain why? Reconcilation change order to adjust bid quantities to actual quantities. How can similar changes be avoided in the future? Unavoidable A. B. C. D. E. F. G. H. CONTRACT PRICE TOTAL CHANGE ORDERS (inc. current) NEW CONTRACT PRICE THIS CHANGE ORDER PERCENT TOTAL CHANGE (WA) PREVIOUS TIME AUTHORIZED ADDN'L CONTRACT TIME THIS CHANGE ORDER TOTAL ADDITIONAL TIME CITY OF CORPUS C ISTI, TEXAS By: Director of Engineering Services APPROVED: $ 2,733,748.55 $ 683,336.68 $ 3,417,085.23 244759.47 24.996% 0 C.D. 0 C.D. 0 C.D. Operating Department Dir. of Management & Budget Legal Department -213- CONTRACTOR By: Title: Project Manager Bond 2008 Street Overlays Grout) 1 P.R. 6475 Change Order No. 11 CHANCE ADD DEDUCT Add the following quantities to the contract: 1 Page 1 Col. "Balance to Finish" overrun line items - I L.S. @$93,953.08/L.S. 16 Remove low profile barriers - 820 L.F. @$10.09/L.F. 21 Limestone base under valley gutters - 34 C.Y. @$36.00 /C.Y. 29 Elim. existing pay. Mark 4" double yellow (Horne Rd.) - 300 L.F. @$1.73/L.F. 31 Relocate box w /new cable - (Kostoryz Rd.) 3 Ea. @$2,942.78/Ea. 36 8 - Pipe bollards on Tarlton - 8 Ea. ?a$175.00 /Ea. 37 Excavated saturated subgrade - (Horne Rd.) 7,000 S.F. @$0.52/S.F. 38 Remove and replace sidewalk - (Home Rd.) 408.43 S.F. (a $9.50 /S.F. 39 Remove and replace driveways on (Wood River) 482 S.F. (g$10.38/S.F. 40 Remove and replace sidewalk on (Wood River) 116 S.F. @$9.50 /S.F. Add the following bid items to the contract: Tarlton Street $93,953.08 8,273.80 1,224.00 519.00 8,828.34 1,400.00 3,640.00 3,880.09 5,003.16 1,102.00 1 Remove and replace driveway - 1,700 S.F. @$ 10.38/S.F. 17,646.00 2 Remove and replace curb ramps - 600 S.F. @$17.I5 /S.F. 1 0,290.00 3 Remove and replace curb & gutter - 500 L.F. @$26.00/L.F. 13,000.00 4 Remove and replace sidewalk - 8,000 S.F. @$9.50 /S.F. 76,000.00 TOTAL NET: S244,759.47 —214— CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 8 FUNDING SOURCE: CONTRACT TIME: 180 C.D. Operating Department: Street Department Name of Project: Bond 2008 Street Overlays - Grp_ 2 - P.R. 6480 Contractor: Haas- Anderson Construction Co. DATE: August 19, 2010 CHANGE Add the followine quantities to the contract: (See Attached Breakdown) 1 Replace brick pavers (approxi. 260 S.F.) 1 L.S. @$3,677.471L.S. Deduct the foliowine item from the contract: 1 Credit back on marginal compacted asphalt on Whitecap. Note: This comes with an extended (I) Year Warranty. ADD $140,811.05 $3,677.47 DEDUCT ($14,000.00) SUB- TOTAL: $144,488.52 (514,000.00) NET TOTAL: 5130,488.52 Why was this change necessary? (If left off the plans and specifications, explain why? Reconcilation change order to adjust bid quantities to actual quantities. How can similar changes be avoided in the future? Unavoidable. A. CONTRACT PRICE $ 1,586,683.75 B. TOTAL CHANGE ORDERS (inc. current) $ 376,550.68 C. NEW CONTRACT PRICE $ 1,963,234.43 f /F—/ D. THIS CHANGE ORDER 130,488.52 Project anager E. PERCENT TOTAL CHANGE (B /A) 23.73% F. PREVIOUS TIME AUTHORIZED 25 C.D. G. ADDN'L CONTRACT TIME THIS CHANGE ORDER 60 C.D. H. TOTAL ADDITIONAL TIME 85 C.D. CITY OF CORPUS CHRISTI, TEXAS By: Director of Engineering Services APPROVED: Operating Department Dir. of Management & Budget Legal Department -215- CONTRA By: Title: Street Overlays - Group 2 Bond 2008 P.R. 6480 Change Order No. 8 CHANGE ADD DEDUCT Add the following Quantities to the contract: B23/C28 Adjust existing water valves - 4 Ea. @$665.00/Ea. $2,660.00 C25 Remove and replace 6" concrete drive - 720 S.F. $5,688.00 $7.90 /S.F. C29 Reflective pavement marking - (24" Solid White) $1,258.60 $1,620.00 217 L.F. @$5.80/L.F. 1113 Adjust existing sanitary sewer manhole 1 EA @$1, 620.00/Ea. F19 Adjust Existing gas valves - 13 Ea. @$665.04/Ea. A21 Adjust existing storm sewer manhole - 1 Ea. (Q a $1,375.00/Ea. 58,645.00 $1,375.00 A9 Reflective Pavement Markings - (4" Solid White) $49.20 164 L.F. @5.30/L.F. 14 L.F. @$.30/L.F. A13 Reflective Pavement Markings (24" Solid White) 4 L.F. @$5.80/L.F. Al 8 Reflective Pavement Markings (TY11 -A -A Yellow) 3 Ea. @$6.30/Ea. B11 Reflective Pavement Markings (4" Solid White) 101 L.F. @$.45 /L.F. B13 Reflective Pavement Markings (4" Yellow Solid) 259 L.F. @$.451L.F. 819 Reflective Pavement Markings (TYII -A -A) Yellow 24 Ea. @$6.30/Ea. B20 Reflective Pavement Markings (TY1 -C) White 12 Ea. @S6.30/Ea. C7 Full Depth Pavement Repair - 400 S.Y. @550.00/S. Y. C19 Reflective Pavement Markings (TY11 -A -A) Yellow 31 Ea. @$3.25/Ea. 51.20 523.20 518.90 545.45 5116.55 5151.20 575.60 $20,000.00 5100.75 SUB - TOTAL: $41,831.65 -216- Street Overlays - Group 2 Bond 2008 P.R. 6480 Change Order No. 8 CHANGE Add the followine quantities to the contract; ADD DEDUCT C22 Demolish & remove 5' brick sidewalk $4,253.00 8,506 S.F. @$.50 /S.F. D9 Reflective Pavement Markings - (4" Solid White) 822.75 65 L.F. Q$.35/L.F. A6 Full Depth pavement repair - 455 S.Y. 0$50.00 /S.Y. 22,750.00 Fl 1 Relocate existing mailbox - 1 Ea. {r $15I.00/Ea. 151.00 F12 Reflective Pavement Markings (4" White Solid) 17.10 57 L.F. @S,30/L.F. D12 Ref. Pavement Markings (TYII -A -A) 19.80 3 ®$6.60/Ea. E5 Seal Coat - 10,114 S.Y. @S1.40 /S.Y. 14,159.60 C23 4" Dyed Stamped concrete sidewalk (5' Wide) 55,356.15 9,001 S.F. @$6.15/S.F. C10 Curb and Gutter Replacement - 45 L.F. 2,250.00 ®$50.001L.F. SUB- TOTAL: 898,979.40 GRAND TOTAL 8140,811.05 -217- HAAS- ANDERSON C O N S T R U C T I O N LTD August 12, 2010 Kenneth Kaper, P.E. Construction Engineer P.O. Box 9277 Corpus Christi, Tx. 78469 -9277 Re: Bond 2008 Street Overlays Group 2 City of Corpus Christi Project No. (c,JM Dear Mr. Kaper, Below is our price to replace the bricks on Whitecap Blvd between where we left off with stamped colored concrete sidewalk and the previous brick paver sidewalk. The backup documentation is enclosed. REPLACE BRICK PAVERS (APPROX 260 SF) $3,677.47 Thank you for your consideration on this matter. If you have questions or comments, please feel free to call. Sincerely, as -Ande Jame K. Parish, P.E., R.P.L.S 1401 Holly Rd. • P.O. Box 7692 • Corpus Christi, Texas 78467 • 361/853-2535 • FAX 361/853-5564 —218— 20 AGENDA MEMORANDUM September 14, 2010 SUBJECT: Rincon Bayou Diversion (Projects No. 8443) Award of Contracts for Monitoring Services AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a professional services contract with the Conrad Blucher Institute, Texas A &M University— Corpus Christi not to exceed $90,588.00 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2010 -2011. ISSUE: The Texas Commission for Environmental Quality (TCEQ) agreed order requires the City to conduct an on -going monitoring and assessment program as a condition of the agreed order that modified the Reservoir Operating Plan that reduced mandatory releases to facilitate adaptive management system for fresh water inflows into the Nueces Estuary. FUNDING: Funds for these contracts are available in the Environmental Studies activities of the Water Department's FY2010 -11 adopted Operating Budget. RECOMMENDATION: Approval of the motion as presented. M.P. Li-14 L./ Gustavo Gonzalez, P.E. �= Director of Water Services 826 -3781 Gustavogo@cctexas.com Attachments: Exhibit A: Exhibit B: Exhibit C: Additional Information Summaries of Contracts Location Map Pete Anaya, P. E. Director of Engineering Services 826 -1874 Petean(a.cctexas.com Page 1 of 1 W221— H:IHOMEIKEVINSIGENIW ATERIRINCON12010- 20111Awardmemo.doc ADDITIONAL INFORMATION SUBJECT: Rincon Bayou Diversion Award of Contract for Biological Monitoring Services PROJECT OVERVIEW: Background: The City's overall strategy for Tong -term water supply includes the optimization of the existing freshwater resources in the Nueces River Basin. The current operating plan for the Choke CanyonlLake Corpus Christi reservoir system includes requirements to provide freshwater inflow to the Nueces Estuary that diminish the dependable water supply for the region. The City completed a two - phased planning study that recommended the potential beneficial re -use of wastewater effluents as a means of enhancing the productivity of the Nueces Estuary that may alleviate part of the need to provide fresh water from the reservoir system. The contract was undertaken to comply with monitoring and data collection required by the TCEQ as part of the amendment of the operating plan that allows the City to reduce mandatory water releases. The salinity monitoring by the Conrad Blucher Institute of Texas A &M University— Corpus Christi is an annual requirement of the amended operating plan. All other monitoring required under the amended plan ceased to be required with the completion of the FY2009 -2010 monitoring. PRIOR COUNCIL ACTION: See Exhibit B. FUTURE COUNCIL ACTIONS: The main thrust of the current contract which will be continued in the future is: • monitoring specifically required by the TCEQ agreed order which consists of salinity monitoring of the Nueces Estuary known as the Rincon Delta. CONSULTANT INFORMATION: The Conrad Blucher Institute as part of the Division of Nearshore Research has conducted salinity and freshwater inflow monitoring for the City during prior monitoring periods will do the monitoring during 2010 -2011. H:IHOMEIKEV INSIGENIWATERIRINCON12010- 20111AW ©BKGExhibitA.doc —222— EXHIBIT A Page 1 of 1 CONTRACT SUMMARY SCOPE OF SERVICES Texas A &M University - Conrad Blucher Institute's (CBI's) services will be those necessary to provide the monitoring required deliver an annual written report corresponding to station service including: • change of Hydrolab instruments with a freshly calibrated unit when required (every 2 or weeks); • report of ail stations readings of salinity and water temperature, with some units also reporting dissolved oxygen, Ph and water depth; • making all data available in graphical and tabular format on the CBI website (http: / /dnr.cbi.tamucc.eduldata) within one hour of the time data were collected; and • making available printable electronic monthly progress reports on the DNR website (http://dm.cbi.tamucc.edu/projects/nueces). TASKS CBI will complete the following tasks: Nueces Bay Salinity Monitoring -- Freshwater Inflow CBI will conduct Nueces Bay salinity monitoring two (2) monitoring platforms in the bay, one near Whites Point (SALT03) and the other mid bay, near the CPL (AEP) power lines (SALT01), one station in the Nueces River (SALT05), and another in the delta (SALT08). Parameter measured by CBI will include salinity, conductivity, dissolved oxygen, water temperature, and pH. Station Salt 05 parameters will include salinity, water temperature and water depth only. This is an ongoing project originating in the fall of 1991. The stations are placed in such a manner to track fresh water inflows into Nueces Bay using salinity levels and the indicator. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report ( http: /llighthouse.tamucc.edu/salrel) produced by CBI shows the current freshwater relief status. Nueces Delta Diversion Project — Freshwater Inflow CBI will monitor salinity and water level is monitored at SALT08 near the mouth of the Rincon with support from CBBEP, CBI will continue to maintain SALT08, at the mouth of the Rincon Bayou. SALT08 was sponsored by the City. Parameters measured at station Salt08 will consist of salinity, water temperature, and water depth only. Nueces Bay Tidal and Meteorological Station The Texas Coastal Oceanic Observation Network (TCOON) operates a tidal/meteorological station (011) in the upper part of Nueces Bay at Whites Point. CBI will use precise water level measurements from this station as a reference for work by the others in the various projects in the bay, river, and delta. Station Service And Maintenance CBI will exchange freshly calibrated Hydrolab units with units on station as required every two to three weeks. CBI will provide post calibration and preparation units for future service. All salinity and dissolved oxygen stations consist of a Hydrolab water quality sonde, a radio, modem, and 12 volt solar power system. CBI may separately contract a maintenance agreement to ensure the continued reliability of the Hydrolab. The maintenance agreement must ensure that the instruments deployed are as good as, or better, than factory standards. Data Collection CBI will program a computer to poll each station every half hour. Five measurements will be obtained from each instrument, which are then averaged. CBI will place the hourly averages into the database and be reported on the DNR web site. Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average (http:Mighthouse.tamucc.edu /salrpt). Monthly salinity in relation to the Upper and Lower Salinity bounds is found at http: / /dnr.cbi.tamucc.edulsalrel, which is used to determine if the City may take credit from freshwater release from the storage facilities. Instrument Calibration CBI will ensure all calibration standards used are NIST traceable, and purchased from a qualified instrument maintenance company. CBI will use calibration and post - calibration methods established by the manufacturer of Hydrolab. All calibration and post - calibration records are available on the DNR website, http:l /dnr.cbi.tamucc.edu /calib. CBI will maintain an instrument maintenance agreement with a qualified -223- Exhibit B Page 1 of 2 instrument maintenance firm for each Hydrolab. Each unit will be annually inspected and refurbished. All components of the instrument will be covered under the warranty agreement and replaced as needed. Collaborative Monitoring CBI will provide data to support those research efforts currently being done by CCS, the Harte Institute, UTMSI, and the City. FEES AUTHORIZED The City will pay CBI a fixed fee not to exceed $90,588 for providing all services for 2010 -2011 Budget -224- Exhibit B Page 2 of 2 FEES 2010 -2011 Salaries & Benefits 57,928.00 Equipment/Maintenance 7,300.00 Travel Pool 7,500.00 Other 6,000.00 Indirect 11,860.00 Total 90,588.00 -224- Exhibit B Page 2 of 2 file : \ Mproject \councilexhibits\exh.8443dwg. NUECES OVERFLOW CHANNEL LaBONTE PARK tH 3 RINCON BAYOU NORTH LAKE RINCON BAYOU RIVER i rn PROJECT LOCATION _ ■ (7YP. MONITORING STATIONS) F.M. 624 NUECES RIV R cc W Jaw 41.40fter .11 qty CITY PROJECT No.8443 LOCATION MAP NOT TO SCALE O —J U EXHIBIT "C" RINCON BAYOU DIVERSION AWARD OF CONTRACTS FOR MONITORING SERVICES 225 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08 -31 -2010 21 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: September 14, 2010 Ordinance exempting Vicha Estates, Block 1, Lot 1, a subdivision located south of Yorktown Boulevard and east of Waldron Road, from payment of the wastewater lot and acreage fees pursuant to Section V.B.6.1) of the Platting Ordinance; requiring the owner /developer to comply with the specified conditions; and declaring an emergency. ISSUE: The City Council, with the recommendation from the Planning Commission, may exempt an area from payment of lot or acreage fees if such area is determined by the Council to not likely be served by City wastewater services within the next fifteen (15) years. RECOMMENDATION: Planning Commission and Staff Recommendations (September 1, 2010): Approval of the request for wastewater acreage fee exemption for Vicha Estates, Block 1, Lot 1, subject to a Sanitary Sewer Connection Agreement which will include payment of wastewater acreage /lot, pro -rata and tap fees. REQUIRED COUNCIL ACTION: Approval and passage of ordinance exempting Vicha Estates, Block 1, Lot 1 from payment of wastewater acreage fees and requiring the owner /developer to comply with the specified conditions. Attachments: Exhibit A — Exhibit B — Exhibit C Exhibit D Exhibit E — Exhibit F — Exhibit G Exhibit H aem, Juan Perales,lr., P.E. Assistant City Manager Engineering & Development Services JohnnyP ©cctexas.com (361) 826 -3828 Background Information Planning Commission Minutes — Location Map — Laguna Madre Wastewater Master Plan Existing Wastewater Lines Letter from Developer — Ordinance — Sanitary Sewer Connection Agreement H:1PLN- DIRLSPECIAL SERVICESIPLATSIEXEMPTIONWICHA ESTATESICOUNCIL AGENDA MEMO.DOC -229- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Section V.B.6.I.) of the Platting Ordinance states the following: "No lot or acreage fee must be paid if such land for which the fees are paid lies within an area exempted by the City Council from the payment of such fees. Such exempted areas shall be those determined by the City Council to not likely be served by City wastewater services within the next fifteen (15) years." In accordance with Section V.B.6.I), the developer's representative, Urban Engineering, is requesting exemption from wastewater acreage fees for a tract of land known as Vicha Estates, Block 1, Lot 1. The property is located south of Yorktown Boulevard and east of Waldron Road, in the southside of Flour Bluff (See Exhibit B). The proposed lot will be used for construction of a single - family residential unit. The area is located within the Laguna Madre Wastewater Treatment Plant Master Plan area (See Exhibit C). The Laguna Madre Wastewater Treatment Plant Master Plan was adopted in 1965. According to the Master Plan, the proposed lot will have to extend a wastewater line north along Waldron Road to Yorktown Boulevard in order to connect to the master planned line. There is an existing 15 -inch wastewater line located along the north side of Yorktown Boulevard that is available for connection (See Exhibit D). It is Staff's determination that wastewater services will not be available to the area within 15 years. However, to protect the City should wastewater services become available to the property, a Sanitary Sewer Connection Agreement is recommended that would require the development to connect to the public wastewater line within twelve (12) months of the line becoming available and pay pro -rata and tap fees. Staff recommends that the agreement should also contain language stating that if wastewater services become available within the next fifteen (15) years, the owner would be required to pay the acreage fees applicable at the time the wastewater line becomes available. For informational purposes, the amount of these fees is $4,434.00, based on the current rate of $1,443.00 per acre. Planning Commission Recommendation (09101110): Approve exempting Vicha Estates, Block 1, Lot 1 from the wastewater acreage fees, subject to a Sanitary Sewer Connection Agreement to include payment of the wastewater acreage /lot, pro -rata and tap fees. EXHIBIT A H:IPLN- DIRISPECIAL SERVICESIPLATSIEXEMPTIONIVICHA ESTATESICOUNCIL AGENDA MEMO BACKGRD.EXHIBIT A DOC —230— Excerpt from September 1, 2010 Planning Commission Minutes (Unofficial) 4. Request for Exemption of Wastewater Acreage Fees Miguel Saldana, Development Services, read Request for Exemption of Wastewater Acreage Fees item "a" (shown below) into the record. Mr. Saldana stated staff is recommending approval. a. 0510046 -P014 (10- 22000014) Vicha Estates Subdivision. Block 1, Lot 1 (Final — 3.00 Acres) Located east of Waldron Road and south of Yorktown Boulevard. Commissioner Tamez discussed the process staff uses to determine the amount of time that will pass before services become available. Mr. Saldana stated staff takes from the current Master Plan of the area. Commissioner Skrobarczyk discussed a potential difference between developments and single home owners. In response, Mr. Saldana stated the cost and benefit is taken into consideration. The fees may be charged if the cost of wastewater can be absorbed. Juan Perales, Development Services, added the value of the proposed development is compared to the infrastructure costs. Vice - Chairman Huerta used the Kittyhawk case as an example for fee costs. Mr. Perales responded by stating the fees required at the time of connection is typically associated with the acreage fees at the time of connection. Deborah Brown, Assistant City Attorney, read conditions of a subjective connection agreement as an example to the Planning Commission. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve Request for Exemption of Wastewater Acreage Fees item "a" subject to a connection agreement was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed unanimously with Commissioner Nadkarni being absent. EXHIBIT B -231- 0 0.05 0.1 Miles 0.2 Legend � ._.. —.. PL4 N ING. Ci T i L IMI l S 1 araaca::mra:oa.,2wo ur a,;razyaaro; os;2a xo,e Y:.:.71 D7.9112. 7 2.!SP:ceo esran+s Nye tea' By: L {SS Source: d yr K �'.i' i s e.lasS DeperM a:C Cr De: eCopm enr8 woes {s '� oA LOCATION IMP Cityof EXHIBIT C -232- Laguna Madre Wastewater Treatment Plant 1965 EXHIBIT D —233— VICHA ESTATES, BLOCK 1 EXHIBIT E -234- August 11, 2010 Mr. Miguel Saldafia Development Services, City of Corpus Christi 2406 Leopard, Suite 100 Corpus Christi, TX 78408 Subject Vicha Estates. Lot 1. Block 1 JOB NO. 37735.00.01 Miguel, We, Urban Engineering, on behalf of !Odell Vicha and Courney Urban Vioha, are requesting a waiver from the requirement to provide sanitary sewer service to Lot 1, Black 1, Vicha Estates. There are no existing sanitary sewer lines near the subject property. The nearest line is Iocated approximately 3100 feet from the subject property (2390 north along Waldron Road and 710 feet east along Yorktown Boulevard. This subject property is located outside of City Limits and the lot is currently undeveloped. The owners agree to connect to future sanitary sewer lines when they become available. Additionally the developer /owner of Lot 1, Block 1 will be required to enter into a Sanitary Sewer Connection Agreement with the City. Attached is a check in the amount of $60,00 for this request along with a map indicating the location of existing public sanitary sewer service and the approximate location of Lot 1, Block 1, which illustrates the need for the requested waiver. Please call if you have any questions or need additional information. (361)854 -3101 Thank you, (_,7.............t___. van 2725 SWANTNER DR, • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbaneng.com T$FE Firm #145 EXHIBIT F -235- ORDINANCE EXEMPTING VICHA ESTATES, BLOCK 1, LOT 1, FROM THE PAYMENT OF WASTEWATER LOT AND ACREAGE FEES PURSUANT TO SECTION V.B.6.I) OF THE PLATTING ORDINANCE; REQUIRING THE OWNER/ DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: WHEREAS, Vicha Estates, Block '1, Lot 1 is not currently served by the City wastewater system; WHEREAS, the owner /developer, Mitchell and Courtney Vicha, have submitted a written request that the subdivision be exempt from the payment of wastewater lot and acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section V.B.6.1) of the Platting Ordinance of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the subdivision be exempt from the payment of wastewater lot and acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that Vicha Estates, Block 1, Lot 1, is not likely to be served by City wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot and acreage fees at this time, pursuant to Section V.B.6.1) of the Platting Ordinance of the City of Corpus Christi, SECTION 2. The exemption from the payment of wastewater lot and acreage fees, pursuant to Section V.B.6.I) of the Platting Ordinance of the City of Corpus Christi, is conditioned upon owner /developer compliance with the following: 1) That the owner /developer of the subdivision enter into a Sanitary Sewer Connection Agreement (Completed Agreement attached as exhibit "A "). 2) That the Sanitary Sewer Connection Agreement require payment of the wastewater lot and acreage fees if wastewater services become available to the property. e � , 3) That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. 4) That the Sanitary Sewer Connection Agreement and covenants contained therein, are covenants running with the land. 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 14th day of September, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED on September 8, 2010 By: J07-1 cji/1:" D-'• ► ah Walther Brown istant City Attorney For City Attorney 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 SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and Mitchell and Courtney Vicha, 8033 Saint Laurent Drive, Corpus Christi, Texas 78414 -6050, hereinafter called "Owner ". WHEREAS, Owner in compliance with the City's Platting Ordinance, has submitted the plat for Vicha Estates, Block 1, Lot 1, hereinafter called "Lot ", (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are normally a requirement of the plat, and WHEREAS, wastewater construction is not economically feasible due to the unavailability of existing wastewater facilities within reasonable proximity to the site, and WHEREAS, wastewater construction plans and construction would impose an undue financial hardship on the Owner, and WHEREAS, it has been determined that the area will not likely be served by the City wastewater services within the next fifteen (15) years; NOW THEREFORE, for the consideration set forth hereinafter, the City and Owner agree as follows: 1. The Owner of the lot agrees for itself, its successors, transferees, and assigns, as follows: a. To connect to City sewer within 12 months of the installation of a wastewater manhole at the frontage of the property or the installation of a collection line along the frontage of the property; and b. To pay wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection to City wastewater; and c. To pay applicable pro -rata and tap fees at the rate in effect at the time of connection to City wastewater; and d. To subdivide the lot no further than what is shown on the Plat of Vicha Estates, Block 1, Lot 1, attached as Exhibit 1; further subdivision of the lot voids this agreement; and Sanitary Sewer Connection Agreement Vicha Estates, Lot 1, Block 1 Page 2 of 4 2. City agrees: a. To allow the property to use wastewater treatment as approved by the City /County Health Department. b. To allow the Owner to record the plat and not require wastewater line construction. 3. INDEMNIFICATION: OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRIST!, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES' j AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE OWNER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WASTEWATER SERVICE TO VICHA ESTATES, BLOCKI, LOT 1, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF TO =HA ESTATES, BLOCK 1, LOT 1, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, 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 ASSERTED OR RECOVERED INCIDENT. 4. The agreement and covenant herein are covenants running with the land, and must be filed in the Office of the Nueces County Clerk Office, and shall be binding on Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. —240— Sanitary Sewer Connection Agreement Vicha Estates, Lot 1, Block 1 Page 3 of 4 5. Agreement and terms of this agreement will terminate upon connection to City wastewater and payment of appropriate fees. EXECUTED IN TRIPLICATE originals, this day of er , 2010. OWNER: Mitchell and Courtney Vicha 8033 Saint Laurent Drive Corpus Christi, Texas 78414 -6050 �tchell Vicha Owner STATE OF TEXAS § COUNTY OF NUECES § ark,t/ Courtney V Owner This instrument wa signed by Mitchell Vicha and acknowledged before me on the day of te4e0At c- , 2010. STATE OF TEXAS § COUNTY OF NUECES § blic.E .f Texas This instrument was igned by Courtney Vicha and acknowledged before me on the day of ePkvvk i e r , 2010. Sanitary Sewer Connection Agreement Vicha Estates, Lot 1, Block 1 Page 4 of 4 CITY OF CORPUS CHRISTI: Juan Perale , Jr., P.E. Assistant Ci y Manager/ Development Services Engineer STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Juan Perales, P.E., Assistant City Manager/ Development Services Engineer, for the City of Corpu Christi, Texas, and acknowledged before me on the '1 day of Trrept fR-7.2010. imeno tit itteLa Notary Public, State of Texas APPROVED ON this day of ; - 2010: By: I -7' v orate Walther Brown; ssistant City Attorney For City Attorney )1 /tip J k 8 (P•I 6612 i s "gym O 020 as A wL ulu-u) 11 A523 wxnN 7iv� 150 •5 �d51 YFIi ' VI PA w I00 Sl'0 �I0 LG uoi2 5 20 1°1 .2000£ 61..LI,LS.50B R 5 5 i 8- 48 8 ZS "npaIS 'CC in rD ('auk ...I 54J55 12213 0d03 Py_ %�Iro) 46..0 7 0 l -) Total Matted am cantaint 3.00 aces of land. (inmate, street o lu�utiIreay 0 % 00 Y.i'rmro 'ammonia '%1 aeo) yR,SS� yvis rnm nx >°dl rymu.m3 .9011 .rLL1 .00. q la J J▪ jrybAyo] � Puff so' sio - 3L00,SUSN ;10MY,1 v 10) Mo'Y An 00200 pooa 1.10-1p0116 t0 DUTPlaep✓ a 5 R MEM S 2 J Maury Public rn and la I EXHIBIT 1 —243- 22 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: September 14, 2010 Ordinance exempting Katherine Estates Subdivision, a subdivision located south of Oso Creek, approximately two miles outside of the city limits, west of County Road 47 and north of County Road 22, from payment of Water and Wastewater Lot and Acreage Fees pursuant to Sections V.B.5.k) and V.B.6.I) of the Platting Ordinance; and declaring an emergency. The proposed subdivision includes lots with a minimum area of 2.5 acres, which will allow the use of both on -site water supply (wells) and on -site wastewater disposal in accordance with City /County Health Department guidelines. ISSUE: The City Council, with the advice of the Planning Commission, may exempt an area from payment of lot or acreage fees if such area is determined by the Council to not likely be served by City water or wastewater services within the next fifteen (15) years. RECOMMENDATION: Planning Commission and Staff Recommendation (August 18, 2010): Approval of the request for water and wastewater acreage fee exemption for Katherine Estates Subdivision, subject to execution of a Water and Sanitary Sewer Connection Agreement to include payment of water or wastewater acreage fees if water or wastewater services become available within fifteen years of the plat being recorded. REQUIRED COUNCIL ACTION: Approval and passage of ordinance exempting Katherine Estates from payment of water and wastewater acreage fees. Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F — — Background information — Planning Commission Minutes — Location Map — Letter from Developers — Ordinance Water and Sanitary Sewer Connection Agreement Juan Perales, Jr', P.E. Assistant City Manager Engineering & Development Services JohnnyP @cctexas.com (361) 826 -3828 H:1PLN- DIRISPECIAL SERVICES LPLATSIEXEMPTIONIKATHERINE ESTATESICOUNCIL AGENDA MEMO.DOC —247— AGENDA MEMORANDUM BACKGROUND INFORMATION BACKGROUND: Section V.B.5.k.) of the Platting Ordinance states the following: "No lot or acreage fee must be paid if such and for which the fees are paid lies within an area exempted by the City Council from the payment of such fees. Such exempted areas shall be those determined by the City Council to not likely be served by City water services within the next fifteen (15) years." Section V.B.6.I.) of the Platting Ordinance states the following: "No lot or acreage fee must be paid if such land for which the fees are paid lies within an area exempted by the City Council from the payment of such fees. Such exempted areas shall be those determined by the City Council to not likely be served by City wastewater services within the next fifteen (15) years." In accordance with Sections V.B.5.k) and V.B.6.I), the developers, Santos and Alma Garza, are requesting exemption from water and wastewater acreage fees for a tract of land known as Katherine Estates Subdivision. Katherine Estates Subdivision is located approximately 2 miles outside the city limits. The subdivision is located west of County Road 47 and north of County Road 22, approximately 0.75 miles south of FM 43 (Weber Road) and one mile west of SH 286 (Chapman Ranch Road). The proposed subdivision is within the Laureles Corridor south of Oso Creek. The proposed lots within the subdivision are a minimum of 2.5 acres in area which allows the use of both on -site wastewater disposal and on -site water wells. The 1983 Master Sanitary Sewer Plan for the southern portion of Corpus Christi does not extend south of Oso Creek. There is currently no approved water master plan for this area. The nearest waterline is on FM 43 (Weber Road), approximately 0.75 miles away. The nearest wastewater line is approximately three (3) miles away at the intersection of Saratoga Boulevard (SH 357) and the Crosstown Expressway (SH 286). There are no approved water or wastewater master plans for this area. The subject property is located west of State Highway 286 (Chapman Ranch Road). The City's priority is to provide water and wastewater services to those properties east of State Highway 286 within the city limits. It is Staff's determination that water and wastewater services will not be available to the area within the 15 -year timeframe. However, to protect the City should water or wastewater services become available to the property, a Water and Sanitary Sewer Connection Agreement would be executed that would require the development to connect to the public water or wastewater line within twelve (12) months of the line becoming available and to pay pro -rata and tap fees in effect at that time. Staff recommends that the agreement should also contain language stating that if water or EXHIBIT A -248- City Council Agenda Background Katherine Estates Subdivision Water & Wastewater Acreage Fee Exemption Page 2 wastewater services become available within the next 15 years, the owner would be required to pay the acreage fees applicable at the time the water or wastewater line becomes available. For informational purposes, the fees being considered for exception are $13,195.52 based on the water acreage fee rate of $676.00 per acre, and $28,850.56 based on the wastewater acreage fee rate of $1,478.00 per acre. Planning Commission Recommendation (08118110): Approval to exempt Katherine Estates Subdivision from water and wastewater acreage fees, subject to a Water and Sanitary Sewer Connection Agreement to include payment of the water or wastewater acreage fees if water or wastewater services become available within fifteen (15) years of the plat being recorded. EXHIBITA H:1PLN- DIRSSPECIAL SERVICES IPLATSIEXEMPTIONIKATHERINE ESTATESICOUNCIL AGENDA MEMO BCKGRD INFO.DOC -249- Excerpt from August 18, 2010 Planning Commission Minutes 4. Request for Exemption of Water and Wastewater Acreage Fees a. 0710057 -NP027 (10-21000011) Katherine Estates Subdivision, OCL (Final —14.52 Acres) Located north of County Road 22 and west of County Road 47. Miguel Saldana, Development Services, read Request for Exemption of Water and Wastewater Acreage Fees item "a" (shown above) into the record. Mr. Saldafia stated the area does not have water or wastewater. The property is approximately two and a half (2 1/2) miles from the nearest wastewater line and approximately three quarters (3/4) of a mile away from a sixteen (16) inch water line along FM 43. Mr. Saldafia stated the ordinance does allow for the exemption with a City Council action. Mr. Saldafia stated the property is located outside of the City's limits. Funds are not available to assistant in extending the water and wastewater lines. Staff is under the impression that this area will not be served by any water or wastewater in the next fifteen (15) years. Staff is recommending approval of the request for exemption of water and wastewater acreage fees subject to a water and wastewater connection agreement. The connection agreement will require the property owner to connect to the water and wastewater within twelve (12) months of the service being available. The applicable and pro rata are required fees at the time of connection. In response to Commissioner Skrobarczyk, Mr. Saldafia stated the approval was for the exemption. Secondly, the property owner cannot connect with water sources outside of the ETJ because the property is located within the CCS. The area is protected and protects against unwanted services coming into the area. Vice Chairman Huerta inquired about the right of the property owner to refuse to connect and/or pay pro rata fees. In response, Mr. Saldafia stated the order to connect is inclusive to the exemption and plat, similar to a deed restriction. The property owner must comply with the requirements. The pro rata fees are based on the street frontage. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve Request for Exemption of Water and Wastewater Acreage Fees item "a" subject to the connection agreement was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Tamez, Commissioner Nadkarni, and Commissioner Taylor being absent. EXHIBIT B -250- :iiia Prexereu' 8y: S R ikometirSeevaes Katherine Estates Subdivision EXHIBIT C -251- TECOM ENGINEERING Engineering — Planning Consulting Tecomengineering @yahoo.com June 4, 2009 Ref: Laureles Farm Tract Subdivision WAVIER OF ACRAGE FEES We are requesting a Waiver of the Water and Wastewater acreage fees for LAURELES FARM TRACTS Volume 3, page 15 M.R,N.C,T. located South of the Oso Creek and West of County Road 22 and County Road 47. Currently there no sanitary sewer available South of the Oso Creek at this time and all existing and proposed development are currently on a septic system. The nearest water line is approximately 0.67 miles or 3224.4 feel within FM Highway 665 (43). it will not be cost effective for the owner to constructed a water line due to the unreasonable distance of the existing line, furthermore, the City of Corpus Christi would not be able to assist in the cost of the line since we are D.C.L. and there are no funds available of this time Should you have any questions on this matter, please feel free to contact me at 361 727 2738. Sincerely Yours / ck•L fianw.4 PE Rick L Hamm, PE 1401 Smokehouse Rd. Ste A -1 Rockport, Texas 78382 Office 361- 727 -2138 Fax 361- 727 -9442 SEP 24 2009 ..... �11 -o• 2961 � GISTEIN \N -'kV\:: 4 °� .;� j "1 Tecom Engineering F-10180 5934 S. Staples, Ste 227 Corpus Christi, TX 78413 Office 1 Fax 361 -808 -9705 Corpus Christ! — Dallas — Galveston — Houston -- San Antonio EXHIBIT D -252- ORDINANCE EXEMPTING KATHERINE ESTATES SUBDIVISION, FROM THE PAYMENT OF WATER AND WASTEWATER LOT AND ACREAGE FEES PURSUANT TO SECTIONS V.B.5.k) and V.B.6.I) OF THE PLATTING ORDINANCE; REQUIRING THE OWNER / DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: WHEREAS, Katherine Estates Subdivision, is located approximately 2 miles outside the City limits, west of County Road 47 and north of County Road 22, approximately 0.75 miles south of FM 43 (Weber Road) and one mile west of SH 286 (Chapman Ranch Road) and is not currently served by the City water or wastewater system; WHEREAS, the owners, Santos and Alma Garza, have submitted a written request that the Subdivision be exempt from the payment of water and wastewater lot and acreage fees based on the determination that it is not likely that the area will be served by the City water or wastewater system within the next fifteen (15) years; WHEREAS, based on Sections V.B.5.k.) and V.B.6.I) of the Platting Ordinance of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City water or wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of water and wastewater lot and acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that Katherine Estates Subdivision which is located approximately 2 miles outside the City limits, west of County Road 47 and north of County Road 22, approximately 0.75 miles south of FM 43 (Weber Road) and one mile west of SH 286 (Chapman Ranch Road), is not likely to be served by City water or wastewater service within the next fifteen (15) years and is therefore exempt from the payment of water and wastewater lot and acreage fees at this time, pursuant to Sections V.B.5.k.) and V.B.6.I) of the Platting Ordinance of the City of Corpus Christi, SECTION 2. The exemption from the payment of water and wastewater lot and acreage fees, pursuant to Sections V.B.5.k.) and V.B.6.I) of the Platting Ordinance of the City of Corpus Christi, is conditioned upon owner /developer compliance with the following: 1) That the owner /developer of the Subdivision enter into a Water and Sanitary Sewer Connection Agreement (Completed Agreement attached as exhibit "A "); and 2) That the Water and Sanitary Sewer Connection Agreement require payment of the water and/or wastewater lot and acreage fees if water and/or wastewater services become available to the property; and 3) That the Water and Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat; and 4) That the Water and Sanitary Sewer Connection Agreement and covenants contained therein, are covenants running with the land. 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 14th day of September, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED on September 8, 2010. By: rah Walther = rown Assistant City Attorney For City Attorney Joe Adame Mayor E 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: llwe, 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 WATER & SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and Santos and Alma Garza, 3806 Tiger Lane, Corpus Christi, TX 78415 -3033 hereinafter called "Developer /Owner." WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for Katherine Estates Subdivision, located approximately 2 miles outside the city limits, west of County Road 47 and north of County Road 22, approximately 0.75 miles south of FM 43 (Weber Road) and one mile west of SH 286 (Chapman Ranch Road), hereinafter called "Development ", (Exhibit 1); and, WHEREAS, water and wastewater construction plans, and construction, are normally a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that water and sanitary sewer construction is not economically feasible due to the unavailability of existing facilities, and /or insufficient capacity, within reasonable proximity to the site; and WHEREAS, construction plans and construction would impose an undue financial hardship on the Developer /Owner; and WHEREAS, it has been determined that the area will not likely be served by the City water or wastewater services within the next fifteen (15) years; NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer /Owner agree as follows: 1. The Developer /Owner of each individual lot agrees for itself, its successors, transferees, and assigns, as follows: a. To connect to City water or sewer within 12 months of the installation of a waterline or wastewater manhole at the frontage of the property or the installation of a wastewater line extension or collection line along the frontage of the property; b. To pay water and /or wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection to City water or wastewater; Water and Sanitary Sewer Connection Agreement Katherine Estates Page 2 of c. To pay applicable pro -rata and tap fees at the rate in effect at the time of connection to City water or wastewater; To subdivide the Development no further than what is shown on the Plat of Katherine Estates Subdivision attached as Exhibit 1; further subdivision of the lot voids this agreement; and 2. City agrees: a. To allow the property to use on -site water wells and wastewater treatment as approved by the City /County Health Department. b. To allow the Developer /Owner to record the plat and not require water or wastewater fine construction. 3. INDEMNIFICATION: OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES , AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE OWNER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WASTEWATER SERVICE TO KATHERINE ESTATES SUBDIVISION, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF KATHERINE ESTATES SUBDIVISION, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, 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 ASSERTED OR RECOVERED INCIDENT. Water and Sanitary Sewer Connection Agreement Katherine Estates Page 3 of 4 4. The agreement and covenant herein are covenants running with the land, and must be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer /Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. 5. Agreement and terms of this agreement will terminate upon connection to City water and wastewater and payment of appropriate fees. EXECUTED IN TRIPLICATE originals, this `7 day of DEVELOPER/OWNER: Santos and Alma Garza 3806 Tiger Lane Corpus Christi, TX 78415-3033 nature of Santos Garza STATE OF TEXAS § COUNTY OF NUECES § rio. Signature of Alma Garza 1010. This instrument was signed by Santos Garza and acknowledged before me on the % day of , 2010. MONICA BALARIN Notary Public State of Texas y Comm. Exp. 07/30/2011 STATE OF TEXAS § COUNTY OF NUECES § Notary Public, Sta a of Texas This instrument was igned by Alma Garza and acknowledged before me on the --7 day of .P , 2010. k MONICA BALARIN Notary pubUO State of Texas My Comm. Exp. 07/30/2011 Notary Public, State of Texas CITY OF CORPUS CHRISTI: Juan Perales, r., P.E. Assistant City Manager/ Development Services Engineer STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Juan Development Services Engineer, for acknowledged before me on the Water and Sanitary Sewer Connection Agreement Katherine Estates Page 4 of 4 Perales, P.E., Assistant City Manager/ the City of Corpus Christi, Texas, and day of SE r m e t t3 i 2010. APPROVED ON this •By::,. s.i • D = • orah Walther Browry/ ssistant City Attorney For City Attorney Notary Public, State of Texas day of 2010. Final Plat of: Katherine Estates Subdivision BEING A PLAT 19.52 ACRES OF LAND OUT OF SECTION 3 OF THE LAURELES FARM TRACTS SUBDIVISION AS RECORDED IN VOLUME 3, PACE 15 M.R.N.C.T. AND ALSO BEING A PORTION OF THAT CERTAIN TRACT AS DESCRIBRED IN DOCUMENT # 2006002466 OF THE WARRANTY DEED RECORDS OF NUECES COUNTY, TEXAS 1001• OF 15015 0019001 OF INE[E9 000) SWIM m 100"111 `7710 BON 0406 Or TIE F004:0010 100 RAE i �T 1/405- MVO° 0 it NIFUME OM MAVEN 1,[05 070000/115 ASS POW ARE OmICAM TO n1ul120o iNT010111 non IW 115 WEELFOR TI£ POR 01) 77moorr., MD 06 000_040 or rtos rAA01 1111E 1 @13 0000 OY CF 1111ES 1101 001001111 WAS 004105110110 001E 10.E HT 51101000 c NIA 0A0111 ma 0E-OXY OF 2010 11017777? 700111 01119 MA INA 51771 OF 11019 STATE OF 1015 ML li11111[¢ FROVIOET 11 3' a11FC ORH� 0 050111LSµV E570P! 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THE 01:4010 r') TENT or JL1 911 0Ef1n415NE)7 071 .1 FLi0, 45 51000, rr I REC.:51..5Tn • ' 400 (RCE11' /7f,: 1::17ER F_1F 11/0 5,0'10 1.141 i 1: 'T - -"[ 17 TI:!S FF'/10 13 THE 17`1 -.1)11- 010010.'1,041/ 071') ,1 Tr/ .071111 1.'_£ y 1! e - - h11 CHI. /04 11 0 1 3 14fl1LL 2 1100' [PIC 1) 0 0.11 , %010 0 110001) 01 . L :t4) �:'',y)L' ,cliff, I: EXHIBIT 1 Page 1 of 2 -260- 7700771577 nvelwn [[o10619.1 vrro Rat.: .-- . °1,'1' .Stir. �:0., .11.1 .. -- 15 i;.i'Rr: .100 - !y- - ;:L �.' :...- I -1.4) .1459e1 .: ..r. ..::1 5. SFC i'S0NS 3 9MIk7CWD .I4 =err sus our ..r• r ar spr~o aar w • �� • 01117.1. —. t aaa•• Sr [Of' 7 EN aalw • swat aft' a MAN. t as 1 a 550 0 am talilr 1LW ID! 5 6t0 amaie AVIV if .9 taaw•. mo. rartxer. r'0 IP -T• SAS OrnOIAOV SFGii'SS .t ,U Finial Plat of: 2-2 Karine Estates Subdivision bfNO A PLAT 11.52 ACIOIS OF LAMA Our OF 3 S T1pMN Cc A ' WIT? 1O OF710 PP 5L !PROW r R NOME GYL10 Irg AG mar max SECTION 4 TrDWL WNOVi7 R: imam =LEO P5500 AG 5AICT R�RN.Cx QM'l SCALE 1m• 1 1W' 7C• ad. I. 100' 1.0 ak mamas DaraRC�iit °novo irt'i 2 oaencc . EXHIBIT 1 Page 2 of 2 -261- 23 NO ATTACHMENT FOR THIS ITEM 24 NO ATTACHMENT FOR THIS ITEM 25 NO ATTACHMENT FOR THIS ITEM 26 AGENDA MEMORANDUM September 1, 2010 AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: September 14, 2010) Case No. 0810 -01: Jobita M. Coronado & Mary G. Dillard: The applicant is requesting a change of zoning from the "R -1B" One - family Dwelling District to the "B -1" Neighborhood Business District resulting in a change of land use from a one - family dwelling use to a neighborhood business use. The property to be rezoned is Austin, Block 3, Lot 17, generally located at 502 Balboa Street at Hidalgo Street, approximately 900 feet south of the intersection of Balboa Street and Baldwin Avenue. STAFF RECOMMENDATION (August 4, 2010): Denial of the change of zoning to the "B -1" Neighborhood Business District PLANNING COMMISSION RECOMMENDATION (August 4, 2010): Denial of "B -1" Neighborhood Business District and in lieu thereof, approval of a rezoning to the "R- 1 B /SP" One - Family Dwelling District with a Special Permit and the following seven (7) conditions: 1. Uses: All uses allowed in the "R -1 B" One - Family Dwelling District, plus the operation of a beauty culturist or hair stylist shop with retail of hair care related products (i.e. shampoo, conditioner, etc.). 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: A solid screening fence with a minimum height of six (6) feet shall be located along the eastern and southern boundary lines of the property where the property has residential adjacency. 4. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 5. Parking Lot Refurbishment: Parking lot must be refurbished to acceptable off- street parking regulation design standards as per Article 22 of the Corpus Christi Zoning Ordinance. 6. Hours of Operation: Monday- Saturday, Bam -Bpm 7. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. REQUIRED COUNCIL ACTION: Approval of Planning Commission Recommendation. -277- Agenda Memo Case No. 0810 -01 Jobita M. Coronado & Mary G. Dillard Page 2 STAFF SUMMARY: Request: The applicant is requesting the rezoning to the "B -1" Neighborhood Business District, to allow for the establishment of a hair salon with retail sales of related consumer products. Existing Land Uses: The subject property is currently commercial. The surrounding properties to the north, south, and east ail have a designation of low density residential. To the west is Austin Neighborhood Park which includes a designated park land use. Existing Zoning: The subject property is zoned as an "R-1B" One - family Dwelling District. The "R -1 B" District allows for single - family residential, churches, parish halls, public and non - profit private schools, tiome occupations, public parks, playgrounds, and golf courses, and child care homes. It does not permit multifamily residential uses. This District requires a minimum lot area of 6,000 square feet, with a twenty -five (25) foot building setback from the street right -of -way lines. Five (5) foot side or rear yard setbacks are required for single- family residential. Nonresidential development permitted in this district requires twenty -five (25) foot side and rear yard setbacks, except where a side or rear yard is adjacent to an office, commercial, or industrial district, in which case the depth of that yard shall be five (5) feet. The "R-1B" District permits a residential density of 7.26 units per acre and a building height of 35 feet not to exceed three (3) stories with a minimum lot width of fifty (50) feet. Requested Zoning: The requested zoning is "B -1" Neighborhood Business District. The "B -1 "Neighborhood Business District allows for residential uses, churches, public and non -profit private schools, offices, retail, and 'personal services. Commercial development in this district requires a twenty (20) foot building setback from the street right -of -way lines, as well as, ten (10) foot side and rear yard setbacks when adjacent to a residential district. Residential density is a maximum of 36.30 units per acre. The "B -1" Neighborhood Business District requires a minimum lot area of 6,000 square feet. Juan Perales,., P.E. Assistant City anager, Departments of Engineering and Development Services Email: johnnyp[7,cctexas.com Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) -278- CITY COUNCIL ZONING REPORT Case No.: 0810 -01 Planning Commission Hearing Date: August 4, 2010 Applicant & Legal Description Applicant: Jobita M. Coronado & Mary G. Dillard Owner: Same as Above Representative: Applicant Address: 502 Balboa Street. Legal Description/Location: Austin Subdivision, Block 3, Lot 17, located at 502 Balboa Street at Hidalgo Street, approximately 900 feet south of the intersection of Balboa Street and Baldwin Avenue. Zoning Request From: "R -1B" One - family Dwelling District To: "B -1 " Neighborhood Business District Area: .11 acres Purpose of Request: The applicant is requesting the rezoning to the "B -1" Neighborhood Business District, to allow for the establishment of a hair salon with retail sales of related consumer products. Zoning Ezis U Land Future Land Use Site "R -1B" One- family Dwelling District Commercial Low Density Residential North "R-1B" One - family Dwelling District Low Density Residential Low Density Residential South "R -IB" One - family Dwelling District Low Density Residential Low Density Residential East "R -1B" One - family Dwelling District Low Density Residential Low Density Residential West "R-1B" One - family Dwelling District Park Park — ADP, Map & Violations Area Development Plan: This tract of land is guided under the auspice of the Westside Area Development Plan. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for low density residential uses. Map No.: 048,043 Zoning Violations: None —279— City Council Zoning Report Case #: 0810-01, Jobita M. Conorado & Mary G. Dillard Page 2 Staffs Summary: • Request: The applicant is requesting the rezoning to the "B -1" Neighborhood Business District, to allow for the establishment of a hair salon with retail sales of related consumer products. • Existing Land Uses: The subject property is currently commercial. The surrounding properties to the north, south, and east all have a designation of low density residential. To the west is Austin Neighborhood Park which includes a designated park land use. • Existing Zoning: The subject property is zoned as an "R -1B" One - family Dwelling District. The "R -1B" District allows for single- family residential, churches, parish halls, public and non - profit private schools, home occupations, public parks, playgrounds, and golf courses, and child care homes. It does not permit multifamily residential uses. This District requires a minimum Iot area of 6,000 square feet, with a twenty -five (25) foot building setback from the street right -of -way lines. Five (5) foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires twenty -five (25) foot side and rear yard setbacks, except where a side or rear yard is adjacent to an office, commercial, or industrial district, in which case the depth of that yard shall be five (5) feet. The "R -1B" District permits a residential density of 7.26 units per acre and a building height of 35 feet not to exceed three (3) stories with a minimum lot width of fifty (50) feet. • Requested Zoning: The subject property is zoned "B -1" Neighborhood Business District. The "B -1" Neighborhood Business District allows for residential uses, churches, public and non- profit private schools, offices, retail, and personal services. Commercial development in this district requires a twenty (20) foot building setback from the street right -of -way lines, as well as, ten (10) foot side and rear yard setbacks when adjacent to a residential district. Residential density is a maximum of 36.30 units per acre. The "B -1" Neighborhood Business District requires a minimum Iot area of 6,000 square feet. • Transportation and Circulation: The subject property has access to Balboa Street and Hidalgo Street. Currently, Balboa and Hidalgo Streets are residential undivided streets. The Future Transportation Plan calls for Balboa and Hidalgo Streets to remain a residential designation without upgrade. Street R.O.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Transportation Plan Type Traffic Volume 2008 Hidalgo Street 40' wide / 25' paved No Change Residential Street N/A Balboa Street 50' wide /40' paved No Change Residential Street N/A • Infrastructure Demand: o Water: A 6 -inch water line runs along Hidalgo Street and a 2 -inch water line runs along the eastern property line. -280- City Council Zoning Report Case #: 0810 -01, Jobita M. Conorado & Mary G. Dillard Page 3 o Wastewater: A 6 -inch wastewater line runs along the eastern property line. o Stormwater: A 21 -inch stormwater line runs along Balboa Street and a 24 -inch line runs along Hidalgo Street. • PubIic Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District D40. Crime statistics up to 2005 show a decrease from 1,131 crimes committed in 1993 to 835 in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number 5, located at 3312 Leopard Street, approximately 1.7 miles from the subject property. • Environmental Constraints: o FEMA Flood Zone: Zone C: Area of minimal flood hazard • Soil Type: 100% (Ua) "Urban land" • Slope: 0 to 1 percent • Drainage class: Well drained • Depth to water table: N/A • Frequency offloading: None • Frequency of ponding: None • Available water capacity: N/A o Wetlands: None o Flight Zone: None • Relationship to Smart Growth (See Attachment 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 35 on a scale of 100 points. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for low density residential use; therefore, the proposed "B -1" Neighborhood Business District is not consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. CORPUS CHRISTI POLICY STATEMENTS: a. ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since —281 — City Council Zoning Report Case #: 0810 -01, Jobita M. Conorado & Mary G. Dillard Page 4 approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The subject property is designated as low density residential according to the future land use map. The use of a hair salon is not consistent with the adopted future land use. d. EXPANSION OF COMMERCIAL USES INTO OR WITHIN RESIDENTIAL AREAS MAY BE PERMITTED ONLY IF SUCH EXPANSION MAINTAINS OR IMPROVES THE RESIDENTIAL DESIRABILITY OF THE IMPACTED NEIGHBORHOODS. Commercial development in residential areas may be allowed in situations where proponents of such change can demonstrate how rezoning changes will benefit the impacted neighborhood and the community. Staff Comment: The subject property is currently an abandoned neighborhood grocery store and has remained in that state for a significant period of time {i.e. +/- 5 years). Based on the applicant's submittal, no significant improvement has been demonstrated concerning the economic development/market growth of the neighborhood. g. COMMERCIAL SERVICE AREAS DESIGNED TO SERVE LOCAL NEIGHBORHOODS SHOULD BE CONVENIENTLY LOCATED AND IN HARMONY WITH THE SURROUNDING NEIGHBORHOOD. Uses such as convenience stores, professional offices, and other services that serve surrounding residential areas should be located at sites that promote and encourage pedestrian traffic while they maintain good vehicular access. Because of the proximity of these businesses to residential neighborhoods, parking, signs, lighting fixtures, and landscaping must be designed harmoniously with nearby residential areas. Staff Comment: The subject property would require remarkable improvement to the structure, parking, landscaping, and lighting to compensate for the status of a non- conformity. 0 WESTSIDE AREA DEVELOPMENT PLAN C.3 — Policy Statement The City should evaluate zoning districts where the existing zoning should be changed to implement the Land Use Plan. Adoption of this plan policy will not immediately change any zoning, but it will accomplish the first of at least a three step process. The next step would include a more specific study of each individual property and a staff recommendation to the Planning Commission regarding each property. As the third step, the Commission could then initiate the rezoning process for all, come, or none of the properties. Staff Comment: The subject property was host to a former grocery store, however due to its derelict state, "R-1B" zoning district, and a future land use of low density residential, the recommendation should be not to permit a rezoning to a neighborhood business. -282- City Council Zoning Report Case #: 0810 -01, Jobita M. Conorado & Mary G. Dillard Page 5 Plat Status: The subject property is platted. Staff Recommendation: Denial of the change of zoning to the "B -1" Neighborhood Business District Planning Commission Recommendation: Denial of "B -1" Neighborhood Business District and in lieu thereof, approval of a rezoning to the "R- IB/SP" One - Family Dwelling District with a Special Permit and the following seven (7) conditions: 1. Uses: All uses allowed in the "R -1B" One - Family Dwelling District, plus the operation of a beauty culturist or hair stylist shop with retail of hair care related products (i.e. shampoo, conditioner, etc.). 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: A solid screening fence with a minimum height of six (6) feet shall be located along the eastern and southern boundary lines of the property where the property has residential adjacency. 4. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 5. Parking Lot Refurbishment: Parking lot must be refurbished to acceptable off-street parking regulation design standards as per Article 22 of the Corpus Christi Zoning Ordinance. 6. Hours of Operation: Monday - Saturday, Sam -8pm 7. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Number of Notices Mailed Total — 30 within 200' notification area; 2 outside notification area As of September 1, 2010 Favor —1 (inside notification area); 0 (outside notification area) Opposition —1 (1.58 %) (inside notification area); 0 (outside notification area) —283— City Council Zoning Report Case #: 0810 -01, Jobita M. Conorado & Mary G. Dillard Page 6 Attachments: 1. Neighborhood 2009 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2009 Aerial 5. Site — Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. Smart Growth Principles • P ti CASE: 1001. ' 0 fr ' ERI L 1 'Nrbaot rQp MY • .r .i t'in :.Lapr:10. se: A s ,i../1:1L . 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I is I! 2a if .9.8 . 3 :z' 1 CASE: .081.0.01. 4: SITE.-:.EXISTING..ZONING NOTICE AREA'.&..OWNEIS111P: .A-1.' krkhiinl.h..:ele.,epsill :- 0 : 11i1hial r•16ei Fir in.s:11■:1: Win 41.41.011:Ridge.oisitiel .I- ' LIM FM.1111E1.110* • A 1-3 ileme.hiy.s. iwii141r1, MI.' Eiii: enie P.ssim..1.e.b..i. . . •P WI' 1*.mititrillierraiimenl". A.T iyrtilird--rizisl. otriiFJ • . : ...Fi-fA ore.reslikilim.ttaiil 1:. lejihill‘i 48;frelipliikki ' .k.-11:1...Ire 1.mill .aleire.111.01.1d B 1A ir3rimimli R.larklar 11110:3Er .Fi.:-ig.:1:1*F r1:13 .Reilri 11014 3 mr1491 .96eil,esillsilL-1. R-2: ''..106tiple.e0ii.e imiliel'. •R.-2A'• . .Brei.r...4*.i'ahimres.liiikl. _FL& • ore E Tip Ca.:14'174i ird ..Er4 • iiiikressmi ei ':. : •: ' RE •.:Rblieni:•1 Ipp6le .R101E1•1 .& arrrrol• Rakesi Ois'iirl... FLIO '-riwtWii PO!rq Rikid •1.-S Pairriri tairi*seeili-irk.1 ..10 .:Htle01-Peei.n1.1. ' . eLt. prirei-e.ai.edness.'eme oker : ,•+-.3it ..7117411.1eifilOE1 .0. :6.104 'MTh li air, miler' nisi:. *-1e • lem.rimitailililia Fli•his.ird i-e.': 1.111 FILM III ' '' ' ": ' ' T-1F.:111•4.rfilni Hwrie 14 iliisln 'MC. RR lelril-D41110•••Lmilmlirk • ...1415.1 . • Presehd• .a. . . L. ...... . . . 1. -1AgialgfiriallEr ' • op mgr. sOltmithclOrijr . rf0 fii.ilaii 1;k1voioriiii NAPO 2610. it* or,r... • - groom A . uo 7m dgme.loir alp ... v ppook..... . . : COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0810 -01 Name: Jobita M. Coronado & Mary G. Dillard 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: 30 Returned undeliverable: 0 Favor: 1 Opposition: 1 (1.58 %) II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: Returned undeliverable: 2 0 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 fl: 1PLN- D1R\SHARED\I. Planning Commission\2010 PC12010 Public Comments10810 -01 Jobita M Coronado & Mary G Dillard.doc —295— o r > FR ro 1 ❑ r a z m 2 Z m co n C 17 t 4g ca, 1 n, Q �p o0 0m 0 0 ��m 0 m 0 m 7 A > z xi ❑ z 0 0❑ -nirz a z 0 A z. z K O O 67 ❑ Z 0 0 0 UT ril 0 A C g2 i0spt -I C Y r LA m 0 2 z a ➢ E 4 a 1-) Z m Z m A -I m 0 Z ❑ m SA SA W •O a o N g co O x F. Z rn nn 00 C C in cm nn x x yA X1. IISIHH3 Snd1:1O0 V V V 00 00 00�0 Ln W v w 0 0 0 Y 0 Z 2 15 NVINHIIS 545 XL IISI1fH3 SnddO] E 31B LT 11 NIJSnV TTVBL A1113dOVd 17318n5 m w N N N N N N N N N N Y N Y Y Y Y F. F. F. 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Y I•+ O N O i� O in in w G O V A V V m A N V V CO 00 V O A Co LO 0 P V W N 0 OQ CO V W V Ln N A V CO A Y OC d [+ N N [YG d d C P d N N N N N N N N N A N N N Y O N N N •ONl O w w w W µ' V A A A m V A A Ln W W A V m 0 LG A W d V1 V In V Y m m I8 Y N N N N W N N Al Ln 41 N N F° m P N W N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 m m m m m W 00 CO CO 07 Oa 00 CO 00 D7 m m qo I-4 Y o 0 0 0 '� Y 1-4 I-4 Y~ 1'' F+ F+ N F-� Fs Q rp o p p o 0 0 o a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F. Y Y Y Y F+ Y I N M 1+ Y Y Y Y r Y r r LO -0TB0 TO-0180 TO-0180 TO-OI80 TO -0180 TO-0180 TO -0180 TO-0180 -296- T0-O-180 TO -0180 TO-0T80 10 -0180 8 8 1m 70 a JOBITA M CORONADO MARY G DILLAR0 10-0180 'ON 3SVD SMART GROWTH COMPARISON: ATTACHMENT 8 Polices listed below are taken from "Getting to Smart Growth 11: 100 More Policies for Implementation ", provided by the Smart Growth Network. These policies 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 in no way meant to serve as additional development requirements or regulations. Smart Growth policies 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. Zoning Case:0810 -01 From: "R -1B" One - family Dwelling District To "B -1" Neighborhood Business District Will the request promote development that fosters the following? Answer Pts. Weight Score 1. Mix land uses. 3 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- 2 uses added 2 serving retail/service? 1 use added 1 x 3 3 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 No 0 x 2 0 Project is mixed use (any combination of housing, retail, office, commercial, public 4 + uses 3 0 buildings, etc.) 3 + uses 2 x2 2 + uses 1 2. Takes advantage of compact building design. 0 Utilizes reduced setbacks and/or compact development that supports more stores and restaurants within a neighborhood boundary, or creates opportunities to pursue Yes 1 0 x 3 a range of activities in a small area? No 0 Manages and effectively provides a transition between higher and lower- density Yes 1 neighborhoods? No 0 x 2 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 within Yes 1 the community? (condos, townhomes, single- family, apartments) No 0 x 3 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed - income developments and /or low-income homeowners and individuals to reduce building costs and uses available resources Yes No 1 0 x 3 more effectively? 0 The project promotes development (residential, commercial, office) with a wide Yes 1 range in pricing available for varying income levels for sale or lease? No 0 x 3 0 4. Creates walkable neighborhoods. 8 Promotes development close to schools, comer stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long - distance Yes 1 0 x 3 commutes? No 3 Will incorporate sidewalks or a bike or pedestrian path into the final development Yes 1 or connects to existing sidewalks? No 0 x 3 3 Promotes development so children are close enough to walk to school? Yes 1 No 0 x 2 2 5. Fosters distinctive, attractive communities with a strong sense of place. 0 The building is an existing building that is historic in any way, or provides focus on Yes 1 a historical, cultural, or natural attributes? No 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Development Yes 1 x 2 Plan, the Future Land Use Map, and/or Comprehensive Flan? No 0 0 Promotes shopping and makes retail centers distinctive and attractive destinations and gathering places where residents frequent on the weekends? Yes No 1 0 x 3 0 Revitalizes the waterfront, beach, or bay areas? Yes 1 No 0 x 3 0 Does the project remove blight from its neighborhood? Yes 1 No 0 x 3 0 -297- 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 0 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these areas; utilizes land management techniques, to decrease the amount of pollution entering Yes No 1 0 x 4 the water system and preserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing Yes 1 environmental impacts? No 0 x 3 0 Supports tree preservation onsite and/or provides adequate tree landscaping (at a Yes 1 minimum) to replace trees being removed? No 0 x 3 0 Provides community green open space or includes useable green space for outdoor recreation and preserves views of scenic, historic or cultural areas? Yes No 1 0 x 3 0 Does it avoid the acquisition and change in use of operating farms or prime farmland? Yes No 1 0 x 2 0 7. Strengthens and directs development toward existing communities. 15 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than 1/a mile 2 x 4 1/a to l/ mile 1 1/x + miles 0 12 Is the availability of existing public services, such as police, fire, schools and Yes 1 health, sufficient to serve the project? No 0 x 3 3 Is the project a redevelopment of an existing building or brownfield area that would Yes 1 make the property a productive piece of land? No 0 x 3 0 Will the project encourage commercial and retail investment in underserved Yes 1 communities? No 0 x 3 0 Does the project enhance the use of existing public outdoor recreation facilities or Yes 1 areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 x 2 0 Is the project in an area with declining school enrolment that threatens its neighborhood schools with closure or support residential use in areas with Yes 1 x 2 historically declining school enrollment? 0 8. Provides a variety of transportation choices. 9 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 No 0 x3 3 9. Makes development decisions predictable, fair and cost effective. 0 Yes 1 The project is consistent with the Future Land Use Map and Comprehensive Plan? No 0 x 2 0 The project is consistent with the Area Development Plan? Yes 1 No 0 X. 0 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without significantly decreasing the transportation levels of service for surrounding areas? Yes No 1 D x 3 0 Will the project design incorporate systems for reducing storm water runoff or Yes 1 provide onsite retention? No 0 x 3 0 Does project contribute to the economic vitality and diversity of the community or propose commercial or industrial development in areas with high unemployment or chronic poverty? Yes No 1 0 x 3 0 Point Grading System: Smart Growth Rating Total Points 35 ❑ 0 -20 pts = * ® 21 -39 pts.= ** ❑ 40 -59 pts = *** ❑ 60 -79 pts = * * * * 111 80 -100 pts = * * * MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall August 4, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman Arrived at 5:34 p.m. James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Arrived at 5:32 p.m. Mark Adame John Taylor Left at 6:50 p.m. STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Faryce Goode - Macon, Assistant Director of Development Services/PIanning Section Andrew Dimas, City Planner Left at 7:17 p.m. Robert Payne, AICP, Senior City Planner Arrived at 5:36 p.m. Miguel S. Saldafia, AICP, Senior City Planner Deborah Brown, Assistant City Attorney Arrived at 5:40 p.m. Ashley Satterfield, Recording Secretary Janysse Delgadillo Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanoI a ingles en la junta pars ayudarle L CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Garza at 5:31 p.m. B. ZONING 1. New Zoning a. Case No. 0810 -01 Jobita M. Coronado & Mary G. Dillard: A change of zoning from the "R -1B" One - Family Dwelling District to the "B -1" Neighborhood Business District resulting in a change of land use from a one - family dwelling use to a neighborhood business use. The property to be rezoned is the Austin subdivision, Block 3, Lot 17 located at 502 Balboa Street at Hidalgo Street, approximately 900 feet south of the intersection of Balboa Street and Baldwin Boulevard. Andrew Dimas, Development Services, presented New Zoning item "a" Case No. 0810 -01 via PowerPoint, stating the applicant is requesting a change of zoning from the "R -1B" One - Family Dwelling District to the "B -1" Neighborhood Business District. The purpose of the request is to establish a hair salon with retail sales of hair care related products. The building was previously used as a grocery store. Staff recommends denial of the change of zoning to the "B -1" Neighborhood Business District. In response to Commissioner Skrobarczyk, Mr. Dimas stated staff favored the area to remain residential in nature and deter any retail. The green area featured in the map is a park adjacent to a school. Commissioner Skrobarczyk stated commercial retail can create a traffic hazard for the neighborhood and children of the school. In response to Commissioner Tamez, Mr. Dimas stated the building has been abandoned for approximately five (5) years. One option is to tear the building down due to its current state. In response to Vice- Chairman Huerta, Mr. Dimas stated a salon needs a minimum of an "AB" Professional Office District. Faryce Gorr 1acon, Development Services, stated the Planning Commission Agenda August 4, 2010 Page 2 applicant was looking to sell retail products and this is prohibited in the "AB" Professional Office District. Vice - Chaiman Huerta inquired about the requirements for parking in an "AB" Professional Office District. Mr. Dimas stated the zoning was not so much the case as the use of the property. Ms. Goode -Macon stated the applicant had sufficient space for parking in the rear of the property. However, the applicant would be responsible for paving, striping, and so forth. Commissioner Skrobarczyk asked if the property was less than fifty (50) percent inhabitable. In response, Ms. Goode -Macon stated staff did not have the information on the percentage of deterioration of the subject property. Vice - Chairman Huerta asked if the repairs will be fifty (50) percent greater than the value of the property in order to be brought to compliance. Ms. Goode -Macon stated the applicant was informed with information regarding these issues. In response to Commissioner Martinez, Mr. Dimas stated the lots were standard "R-1B' Iots, with six thousand square feet and fifty (50) foot wide lots. In response to Commissioner Nadkarni, Mr. Dimas stated the former grocery store was an existing nonconforming. Ms. Goode -Macon added the building was built back in the 1940's when the ordinance allowed variations. Public hearing was opened. Mary G. Dillard, owner of building, came forward. Ms. Dillard stated the building was not deteriorating. The cinder -block building has undergone repairs and cleaning surrounding the property. Ms. Dillard believes the business will improve the neighborhood. The applicants simply want to run a small salon with hair care retail sales. Ms. Dillard stated the building had been vacant for eight (8) years. Vice - Chairman Huerta asked Ms. Dillard if staff had gone over any of the alternative options. Ms. Dillard had discussed alternatives with staff. Vice - Chairman Huerta informed Ms. Dillard that the alternative for the "AB /SP" Professional Office District with a Special Permit would allow Ms. Dillard to have retail sales at her salon. Ms. Goode -Macon stated Ms. Dillard has two alternatives, a "AB /SP" Professional Office District with Special Permit or "R- 1B /SP" One - Family Dwelling District with Special Permit. Vice - Chairman Huerta added the Special Permit was solely for the use the applicants were seeking. The Special Permit will expire if the use changes. Ms. Goode -Macon stated the option of "AB /SP" Professional Office District with Special Permit would allow Ms. Dillard to sell the "AB" Professional Office District portion of the property. In response to Chairman Garza, Ms. Dillard stated the "AB /SP" Professional Office District with Special Permit would suit their purpose. Vice - Chairman inquired as to whether the applicants were self - financing the building. Ms. Dillard stated the building was bought and owned by herself and Ms. Coronado. Public hearing was closed. Commissioner Skrobarczyk expressed concern with the definition of a beauty culturist and possibly allowing a business to operate where the neighborhood does not aprrove. Ms. Goode -Macon stated the beauty parlor was not going to be doing tattoos. However, the salon will offer permanent make -up. -300- Planning Commission Agenda August 4, 2010 Page 3 Chairman Garza commented on the difficulties of the transition in the zoning due to the neighborhood. People may accuse of spot zoning. Chairman Garza added the Special Permit would be appropriate in this case as long as the applicants bring in legitimate business activity. Motion to deny New Zoning item "a" and in lieu thereof, approval of an "R- 1B /SP" with eight (8) conditions laid out by staff, was made by Commissioner Nadkarni. Commissioner Nadkarni stated the "R-1B" rezoning would ensure the property to remain residential if the business was to ever go away. The motion was seconded by Commissioner Skrobarczyk. Motion passed unanimously. Mr. Dimas read the following eight (8) conditions into the record. 1. Uses: All uses allowed in the "R -1B" One - Family Dwelling District, plus the operation of a beauty culturist or hair stylist shop with retail of hair care related products (i.e. shampoo, conditioner, etc.). 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: A solid screening fence with a minimum height of six (6) feet shall be located along the eastern and southern boundary lines of the property where the property has residential adjacency. 4. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 5. Parking Lot Refurbishment: Parking lot must be refurbished to acceptable off - street parking regulation design standards as per Article 22 of the Corpus Christi Zoning Ordinance. 6. Sign Regulations: One non - illuminated freestanding sign within the minimum front yard depth not to exceed sixty -four (64) feet in area or twenty (20) feet in height. One non - electric, wall sign not exceeding 25% of the building wall square footage. The wall sign must be attached flat against the wall of the building shall not project more than eighteen (18) inches from the wall of the building of structure and shall not project above the height of the building. Electronic Light Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are prohibited. Wall signage shall pertain only to use(s) conducted within the building located on the premise. 7. Hours of Operation: Monday - Saturday, 8am -8pm 8. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. -301- Planning Commission Agenda August 4, 2010 Page 4 Ms. Goode -Macon corrected the conditions and deleted condition #6 because the ordinance does not allow for alterations to the sign ordinance. The "R -1B" District is limited to thirty (30) square feet total whether the sign is freestanding or on the side of the building. Chairman Garza asked if the applicants will accept the correction. Ms. Dillard stated the building would have a single sign on the front of the salon not measuring greater than thirty (30) square feet total. In response to Commissioner Nadkarni, Ms. Dillard stated twelve (12) months may not be a sufficient amount of time. Ms. Goode -Macon stated the applicant's Certificate of Occupancy will be held up if the repairs are not completed within the time frame. Commissioner Nadkarni made a change to condition number 8 to allow the applicant eighteen (18) months instead of twelve (12) months to complete repairs. Commissioner Skrobarczyk commented on the language of the Special Permit. Deborah Brown, Assistant City Attorney, stated the new language is being added into the ordinance and read the current ordinance into the record. Ms. Goode -Macon stated the Special Permit would not immediately be lost if the business closed. The Special Permit is based on use of the property. Development Services considered uses to be stopped and the Special Permit to be terminated if the utilities are turned off. Commissioner Skrobarczyk requested a review of a Special Permit Text Amendment. Chairman Garza clarified the motion and second was to deny New Zoning item "a ", the "B -1 " Neighborhood Business District, and in lieu thereof, approval of the "R-1B/SP" One - Family Dwelling District with a Special Permit and the seven (7) conditions outlined by the Planning Commission and staff. -302- STAFF RECOMMENDATION ORDINANCE. Page 1 of 3 AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JOBITA M. CORONADO & MARY G. DILLARD, BY CHANGING THE ZONING MAP IN REFERENCE TO AUSTIN SUBDIVISION, BLOCK 3, LOT 17, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B- 1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Jobita M. Coronado & Mary G. Dillard, 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, August 4, 2010, during a meeting of the Planning Commission, and on Tuesday, September 14, 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 in Austin Subdivision, Block 3, Lot 17, located at 502 Balboa Street at Hidalgo Street, approximately 900 feet south of the intersection of Balboa Street and Baldwin Avenue from "R-1B" One - Family Dwelling District to "B -1" Neighborhood Business District. (Zoning Map 048043) (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. 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. H:1 LEG- DIR \Shared\LEGAL- DEV.SVCS12010 Agenda19 -14- 1010810 -01 Jobita M Coronado & Mary G Dillard \081001 R -1B To B- 1.Doc -303- Page 2 of 3 SECTION 5. That ail 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 , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: , 2010 6ie Akei4 eborah Walther Br Assistant City Attorney For City Attorney t•M:1LEG-DIR \Shared \LEGAL- DEV.SVCS12010 Agenda19 -14- 1010810 -01 Jobita M Coronado & Mary G DHfard1081001 R -18 To B- 1.Doc -304- 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. llwe, 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:1 LEG- DIRlShared \LEGAL- DEV.SVCS12010 Agenda19- 14-1010810 -01 Jobb M Coronado & Mary G Diliard1081001 R -19 To B- 1.Doc -305- NAVAJO ST 22 1J 13 1j 13 2J17% 4 15t 1920 1 10 9 8 7 6 5 4 3 2 1 SANTA ELENA ST 241 251 2627 28 5 4 3 2 1 2212 24252 5 4 3 2 1 SA 222,1X1'11 + 2 9 8 7 6 4 2 SUBJECT PROPERTY AUSTIN 2 100 CASE: 0810 -01 Exhibit A: Applicants Request From: R -1B To: B -1 Ordinance: U PLANNING COMMISS. RECOMMENDATION ORDINANCE Page 1 of 4 AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JOBITA M. CORONADO & MARY G. DILLARD, BY CHANGING THE ZONING MAP IN REFERENCE TO AUSTIN SUBDIVISION, BLOCK 3, LOT 17, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "R- 1BISP" ONE - FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT, SUBJECT TO SEVEN (7) CONDITIONS; 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 Jobita M. Coronado & Mary G. Dillard, 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, August 4, 2010, during a meeting of the Planning Commission, and on Tuesday, September 14, 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 public health, necessity, and convenience and the general welfare Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL CORPUS CHRISTI, TEXAS: would best serve of the City of Corpus OF THE CITY OF SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Austin Subdivision, Block 3, Lot 17, located at 502 Balboa Street at Hidalgo Street, approximately 900 feet south of the intersection of Balboa Street and Baldwin Avenue, from "R -1 B" One- Family Dwelling District to "R- 1 B /SP" One - Family Dwelling District with a Special Permit, subject to seven (7) conditions. (Zoning Map 048043) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following seven (7) conditions: 1. Uses: All uses allowed in the "R-1B" One - Family Dwelling District, plus the operation of a beauty culturist or hair stylist shop with retail of hair care related products (i.e. shampoo, conditioner, etc.) 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, as if new construction. All plant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. H:I LEG-D [R \SharedlLEGAL- DEV.SVCS12010 Agendal8- 14-10\0810 -01 Jobita M Coronado & Mary G Dillard1081001 R1 -B R1 -B- SP.Doc —307— Page 2 of 4 2. Landscaping: Landscaping must be provided in accordance with Article 27B, Landscape Requirements, as if new construction. All piant material must be kept in a healthy growing condition at all times. All landscaping must be installed prior to the issuance of a Certificate of Occupancy. 3. Screening: A solid screening fence with a minimum height of six (6) feet shall be located along the eastern and southern boundary lines of the property where the property has residential adjacency. 4. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 5. Parking Lot Refurbishment: Parking lot must be refurbished to acceptable off - street parking regulation design standards as per Article 22 of the Corpus Christi Zoning Ordinance. 6. Hours of Operation: Monday — Saturday, 8 AM — 8 PM 7. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. 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 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. 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 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. 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 8. 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. H:1 LEG- DJRIShared1LEGAL- DEV.SVCS12010 Agenda19- 14-1010810 -01 Jobita M Coronado & Mary G Dillard \081001 R1 -8 R1 -B- SP.Doc —308— Page 3 of 4 SECTION 9. 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 , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: , 2010 bcz. //col-4 eborah Walther Bro Assistant City Attorney For City Attorney H:1 LEG- DIRIShared \LEGAL- DEV.SVCS12010 Agenda19 -14- 1010810 -01 Jobita M Coronado & Mary G Dillard1081001 R1 -B R1 -B- SP.Doc —309— Page 4 of 4 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: 1LEG- DIR1Shared\LEGAL- DEV.SVCS12010 Agendal9- 141010810 -01 Jobita M Coronado 8 Mary G Dillard1081001 R1 -B R1 -B- SP.Doc —310— 27 AGENDA MEMORANDUM AGENDA ITEM: September 1, 2010 PUBLIC HEARING — ZONING (City Council Action Date: September 14, 2010) Case No. 0810 -02: AN Corpus Christi Chevrolet: The applicant is requesting a change of zoning from the "R-1B" One - family Dwelling District to B -3" Business District resulting in a change of land use from one - family dwelling to business use. The property to be rezoned is 6.87 acres out of Woodlawn Estates, Block 1, Lots 1 and 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, Lots 3 and 4, approximately 1,300 feet northwest of the intersection of McArdle Road and Nile Drive. STAFF RECOMMENDATION (August 4, 2010): Approval of applicant's request for the "B -3" General Business District PLANNING COMMISSION Denial of the "B-3" General Business District and in lieu thereof, approval of a rezoning to the "R-1B/SP" One - Family Dwelling District with a Special Permit and the following ten (10) conditions: 1. Uses: All uses allowed in the "R-113" One - Family Dwelling District, plus the use of the property as vehicular parking associated with automobile sales and service. 2. Buildings: No buildings are permitted. 3. Landscaping: Along McArdle Road, the addition of an approximately a 4 -foot tall landscaped berm. Along residential adjacency, addition of canopy trees, as approved by City Staff during site development plan review, with a minimum of a 3 -inch caliper trunk measured at 4 -feet above grade planted at thirty (30) feet on center. 4. Screening: Repair /Replacement of the solid screening fence along McArdle Road with a minimum height of six (6) feet. An eight (8) foot tall, solid screening fence along residential adjacency. 5. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. Additionally, no private lighting poles shall be located within 25 -feet of any adjacent residential lot. 6. Outdoor paging systems /Intercom systems: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Dumpsters: Solid waste dumpsters shall not be located within 50 -feet of a residential property and shall be screened with building materials consistent with the materials found on the facade of the main auto sales building(s). 8. Hours of Operation: 6:30 AM to 7:30 PM 9. Ingress and Egress: All ingress and egress from McArdle Road is prohibited. —313— Agenda Memo Case No. 0810 -02 AN Corpus Christi Chevrolet Page 2 10. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. REQUIRED COUNCIL ACTION: Approval of Planning Commission's Recommendation. STAFF SUMMARY: Request: The applicant is requesting a change in zoning to the "B -3" General Business District for the development of a phased automobile sales and service concept which will compliment the three (3) existing automobile dealerships located immediately adjacent to the site. Existing Land Uses: The subject property is currently vacant. Public -Semi Public /Low Density Residential /Park uses are located to the north, vacant/commercial uses to the south, low density residential to the east and low density residential /vacant to the west. Existing Zoning: The subject property is zoned "R-1B" One - family Dwelling District. The subject property is zoned as an "R-18" One - family Dwelling District. The "R-18" District allows for single - family residential, churches, parish halls, public and non - profit private schools, home occupations, public parks, playgrounds, and golf courses, and child care homes. It does not permit multifamily residential uses. This district requires a minimum lot area of 6,000 square feet, with a twenty -five (25) foot building setback from the street right -of- way lines. Five (5) foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires twenty -five (25) foot side and rear yard setbacks, except where a side or rear yard is adjacent to an office, commercial, or industrial district, in which case the depth of that yard shall be five (5) feet. The "R-1B" District permits a residential density of 7.26 units per acre and a building height of 35 feet not to exceed three (3) stories with a minimum lot width of fifty (50) feet. Requested Zoning: The "13-3" Business District provides sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, including boat & vehicle storage, ball fields, mini - storage, bowling alleys & billiard halls, promotional events, taverns, bars, lounges, major & minor auto repair, car washes, service stations, restaurants, offices, shopping centers, hospitals, and retail uses. Dwellings, boarding and lodging house uses are prohibited in this district. Juan Perales, J,, P.E. Assistant City Manager, Departments of Engineering and Development Services Email: johnnvla(cctexas.com Phone: 361 -826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) —314— CITY COUNCIL ZONING REPORT Case No.: 0810 -02 Planning Commission Hearing Date: August 4, 2010 Applicant & Legal Description Applicant: AN Corpus Christi Chevrolet, LP Owner: AN Corpus Christi Chevrolet, LP Representative: Will Schreier, PE Address: Southeast corner of Daly Drive and McArdle Road Legal Description/Location: The property to be rezoned is 6.87 acres out of Woodlawn Estates, Block 1, Lots 1 and 2 and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, Lots 3 and 4, approximately 1,300 feet northwest of the intersection of McArdle Road and Nile Drive. Zoning Request From: "R -1B" One - family Dwelling District To: "B -3" General Business District Area: 6.87 acres Purpose of Request: The applicant is requesting a change in zoning to the "B -3" General Business District for the development of a phased automobile sales and service concept which will compliment the three (3) existing automobile dealerships located immediately adjacent to the site. Zoning Existing Land Use Future Land Use Site "R -1B" One- family Dwelling District Vacant Commercial North "R-1B" One - family Dwelling District Public -Semi Public/Low Density Residential/Park Public -Semi Public/Low Density Residential/Park South "B -4 "General Business District Vacant/Commercial Commercial East "R-1B" One - family Dwelling District/ "B -4" General Business District Low Density Residential Low Density Residential West "R -1 B" One - family Dwelling Districtl"B -1" Neighborhood Business District Low Density Residential & Vacant Low Density Residential/ Commercial ADP, Map & Violations Area Development Plan: This tract of land is located in the Southeast Development Plan and is planned for commercial uses. The proposed change in zoning is consistent with the adopted Future Land Use Plan which designates the area for commercial. Map No.: 040035 Zoning Violations: None —315— City Council Zoning Report Case #:0810 -02, AN Corpus Christi Chevrolet, LP Page 2 Staff's Summary: • Request: The applicant is requesting a change in zoning to the "B -3" General Business District for the development of a phased automobile sales and service concept which will compliment the three (3) existing automobile dealerships located immediately adjacent to the site. • Existing Land Uses: The subject property is currently vacant. Public -Semi Public /Low Density Residential /Park uses are located to the north, vacant/commercial uses to the south, low density residential to the east and low density residential /vacant to the west. • Existing Zoning: The subject property is zoned 1R-1B" One - family Dwelling District The subject property is zoned as an "R -1 B" One - family Dwelling District. The "R-1B" District allows for single - family residential, churches, parish halls, public and non - profit private schools, home occupations, public parks, playgrounds, and golf courses, and child care homes. It does not permit multifamily residential uses. This district requires a minimum lot area of 6,000 square feet, with a twenty-five (25) foot building setback from the street right -of -way lines. Five (5) foot side or rear yard setbacks are required for single- family residential. Nonresidential development permitted in this district requires twenty -five (25) foot side and rear yard setbacks, except where a side or rear yard is adjacent to an office, commercial, or industrial district, in which case the depth of that yard shall be five (5) feet. The "R -1 B" District permits a residential density of 7.26 units per acre and a building height of 35 feet not to exceed three (3) stories with a minimum lot width of fifty (50) feet. • Requested Zoning: The "B -3" Business District provides sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, including boat & vehicle storage, ball fields, mini - storage, bowling alleys & billiard halls, promotional events, taverns, bars, lounges, major & minor auto repair, car washes, service stations, restaurants, offices, shopping centers, hospitals, and retail uses. Dwellings, boarding and lodging house uses are prohibited in this district. Transportation and Circulation: o The subject property has access to South Padre Island Drive and McArdle Road. The Urban Transportation Plans designates South Padre Island Drive as an Fl Freeway /Expressway with 6 lanes and a median. McArdle Road is a C -3 Primary Collector with 4 lanes and no center turn lane. The subject property also has access to Daly Drive and Southhaven Drive which are local residential streets. Street R.O.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Transportation Plan Type Traffic Volume 2008 SKID 125' wide/ 100' paved No Change Fl Freeway/Expressway N/A McArdle 60' wide /45' paved No Change C -3 Primary Collector N/A —316— City Council Zoning Report Case #:0810 -02, AN Corpus Christi Chevrolet, LP Page 3 o The subject property is located to the south of a Middle School and trip generation is as follows: Middle School Trip Generation — 7th Edition, Institute of Transportation Engineers Average Vehicle Trip Ends Vs. On a Average Rate Range of Rates Standard Deviation Students Weekday 1.62 0.72 -2.81 1.45 Students Weekday AM Peak Hour 0.53 0.14 -1.29 0.79 Students Weekday Peak Hour Adjacent Street Traffic (4 -6pm) 0.15 0.06 — 0.36 0.39 • Infrastructure Demand: o Water: A 12 -inch water line runs along McArdle Road. o Wastewater: A 12 -inch wastewater line runs along Daly Drive. o Stormwater: A 27 -inch stormwater Iine runs along Daly Drive, with 18 -inch line running along McArdle Road. • Public Safety: a Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C30. Crime statistics up to 2005 show an increase from 1,919 crimes committed in 1993 to 1,230 in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number 11, Iocated at 910 Airline Road, approximately 1.5 miles from the subject property. • Environmental Constraints: a FEMA Flood Zone: Zone C: Area of minimal flood hazard o Soil Type: 100% (VcA) "Victoria Clay" • Slope: 0 to 1 percent • Drainage class: Well drained • Depth to water table: More than 80 inches • Frequency of flooding: None • Frequency of ponding: None • Available water capacity: Moderate (about 6 -9 inches) o Wetlands: None o Flight Zone: None —317— City Council Zoning Report Case #:0810-02, AN Corpus Christi Chevrolet, LP Page 4 • ReIationship to Smart Growth (See Attachment, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 42 on a scale of 100 points. Smart Growth Principles which relate to the requested rezoning include: o Mixed Land Uses (6 points); and, o Creates walkable neighborhoods (3 points); and, o Fosters distinctive, attractive communities with a strong sense of place (2 points); and, o Strengthens and directs development toward existing communities (15 points); and, o Provides a variety of transportation choices (6 points); and, o Makes development decisions predictable, fair and cost effective (10 points) • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses; therefore, the proposed "B -3" General Business District is consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. -318- City Council Zoning Report Case #:0810 -02, AN Corpus Christi Chevrolet, LP Page 5 o CORPUS CHRISTI POLICY STATEMENTS: III. LAND USE POLICIES - GENERAL a. ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their Iand development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The subject property's future land use is designated for commercial uses and the Southeast Area Development plan calls for using the Future Land Use Plan as a guide for future land use decisions. d. RECOGNIZING THE CITY'S FINANCIAL LIMITATIONS, NEW DEVELOPMENT SHOULD OCCUR IN A PATTERN WHICH IS COST EFFECTIVE. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. VI. ECONOMIC DEVELOPMENT POLICIES - GENERAL a. PROMOTE THE EXPANSION OF EXISTING AND NEW BUSINESS DEVELOPMENT TO PROMOTE CITY GROWTH AND A STRONG LOCAL ECONOMY. The city should promote the growth and expansion of existing businesses because they are the "backbone" of the local economy, and it should also attract new businesses that will create new jobs and increase family income levels. Staff Comment: The applicant has three (3) existing automobile dealerships on adjacent properties and expansion of the development to a phased automobile sales and service concept will provide contiguous development. o SOUTHEAST AREA DEVELOPMENT PLAN B. LAND USE PLAN STATEMENT B.1 The City Council, hereby, adopted the Future Land Use Plan and the accompanying text as a guide for future land use decisions. The plan provides guidance for future land use decisions including rezoning, platting, fiscal management, and capital improvement planning. The plan supports environmentally sound development and the efficient provision of public services and facilities. Staff Comment: Although currently vacant, the subject property is slated as a commercial land uss by the Future Land Use Plan. -319- City Council Zoning Report Case #:0810 -02, AN Corpus Christi Chevrolet, LP Page 6 POLICY STATEMENT B.2 In Table 1, Future Land Use Sustainability, the "most suitable land use" column indicates those land uses least likely to cause negative impacts to the surrounding area and which most directly benefit the public health, safety, and welfare of the community. Staff Comment: The subject property's future land use calls for commercial uses and therefore falls under the "most suitable land use" column in the Southeast Area Development Plan. Plat Status: Final subdivision plat is currently under review for the balance of the unpiatted parent tract and will include the subject property. Department Comments: • A special permit (SP 96 -13) was granted for an area included in the subject property in October 1996 for a parking area associated with the adjacent auto dealership and including eight (8) conditions (See attachment 9), located along McArdle Road. • The parking area was never developed for the adjacent auto dealership and therefore the special permit expired leaving the base "R-1B" zoning. • Staff has received a number of calls from persons in the community regarding this case. Inquiries have included general information, concerns regarding drainage along residential adjacency and the development's proximity to public schools. Staff Recommendation: Approval of applicants request for the "B -3" General Business District. PlanningCommission's Recommendation: Denial of the "B -3" General Business District and in lieu thereof, approval of a rezoning to the "R-1B/SP" One - Family Dwelling District with a Special Permit and the following ten (10) conditions: 1. Uses: All uses allowed in the "R -1 B" One - Family Dwelling District, plus the use of the property as vehicular parking associated with automobile sales and service. 2. Buildings: No buildings are permitted. 3. Landscaping: Along McArdle Road, the addition of an approximately a 4 -foot tall landscaped berm. Along residential adjacency, addition of canopy trees, as approved by City Staff during site development plan review, with a minimum of a 3 -inch caliper trunk measured at 4 -feet above grade planted at thirty (30) feet on center. 4. Screening: Repair /Replacement of the solid screening fence along McArdle Road with a minimum height of six (6) feet. An eight (8) foot tall, solid screening fence along residential adjacency. 5. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. Additionally, no private lighting poles shall be located within 25 -feet of any adjacent residential lot. 6. Outdoor paging systems /Intercom systems: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. -320- City Council Zoning Report Case #:0810 -02, AN Corpus Christi Chevrolet, LP Page 7 7. Dumpsters: Solid waste dumpsters shell not be located within 50 -feet of a residential property and shall be screened with building materials consistent with the materials found on the facade of the main auto sales building(s). 8. Hours of Operation: 6:30 AM to 7:30 PM 9. Ingress and Egress: All ingress and egress from McArdle Road is prohibited. 10. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. CD Cle o ix U Number of Notices Mailed Total — 37 within 200 foot notification area; 3 outside notification area As of September 1, 20I0 Favor Opposition — 0 (inside notification area); 0 (outside notification area) — 5 (2.98 %) (inside notification area); 1 (outside notification area) Attachments: 1. Neighborhood 2009 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2009 Aerial 5. Existing Zoning, Notice area, Ownership 6. Comments from Public Notices 7. Notice Mailing List 8. Smart Growth Principles 9. Ordinance 022714 10. Site Plan H:1PLN- DIRISHAREDI1. Planning Conunission12010 PC120I0 Zoning ReportslAug. 2010\0810 -02 AN Corpus Christi Chevrolet, LP R -1 B to B3.docx -321- CAS E }`081: -02. I. 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IMP. `WNW _ tiiagar • COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0810 -02 Name: AN Corpus Christi Chevrolet, LP Notices returned from WITFIIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 37 0 Favor: 0 Opposition: 5 (2.98 %) II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: Returned undeliverable: 3 0 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 1 H:1PLN- DIRISHAREDII. 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These policies 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 in no way meant to serve as additional development requirements or regulations. Smart Growth policies 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 oo ulations and growth: and achieving healthy communities that provide families with a clean environment. Zoning Case:0810 -02 From: "R -IB" One - family Dwelling District To 'B -3" Business District Will the request promote development that fosters the following? Answer Pts. Weight Score 1. Mix land uses. _ 6 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- 2 uses added 2 serving retail/service? 1 use added 1 x 3 6 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 No 0 x2 0 Project is mixed use (any combination of housing, retail, office, commercial, public 4 + uses 3 0 buildings, etc.) 3 + uses 2 x2 2 + uses 1 2. Takes advantage of compact building design. 0 Utilizes reduced setbacks and/or compact development that supports more stores Yes 1 and restaurants within a neighborhood boundary, or creates opportunities to pursue 0 x 3 a range of activities in a small area? No 0 Manages and effectively provides a transition between higher and lower - density Yes 1 neighborhoods? No 0 x 2 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 within Yes 1 the community? (condos, townhomes, single - family, apartments) No 0 x 3 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed - income developments and/or low - income homeowners and individuals to reduce building costs and uses available resources Yes No 1 0 x 3 more effectively? 0 The project promotes development (residential, commercial, office) with a wide Yes 1 range in pricing available for varying income levels for sale or lease? No 0 x 3 0 4. Creates walkable neighborhoods. 3 Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long - distance Yes 1 0 x 3 commutes? No 0 Will incorporate sidewalks or a bike or pedestrian path into the final development Yes 1 or connects to existing sidewalks? No 0 x 3 3 Promotes development so children are close enough to walk to school? Yes 1 No 0 x 2 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 focus on Yes 1 a historical, cultural, or natural attributes? No 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Development Yes 1 x 2 Plan, the Future Land Use Map, and/or Comprehensive Plan? No 0 2 Promotes shopping and makes retail centers distinctive and attractive destinations Yes 1 and gathering places where residents frequent on the weekends? No 0 x 3 0 Revitalizes the waterfront, beach, or bay areas? Yes 1 No 0 x 3 0 Does the project remove blight from its neighborhood? Yes 1 No 0 X. 0 —335— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 0 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these areas; utilizes land management techniques, to decrease the amount of pollution entering Yes No 1 0 x 4 the water system and preserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing Yes 1 environmental impacts? No 0 x 3 0 Supports tree preservation onsite and/or provides adequate tree landscaping (at a Yes 1 minimum) to replace trees being removed? No 0 x 3 0 Provides community green open space or includes useable green space for outdoor recreation and preserves views of scenic, historic or cultural areas? Yes No 1 0 x 3 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 2 farmland? No 0 x 0 7. Strengthens and directs development toward existing communities. _ 15 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than 'A mile 2 x 4 '/a to %z mile 1 %z + miles 0 12 Is the availability of existing public services, such as police, fire, schools and Yes 1 health, sufficient to serve the project? No 0 x 3 3 Is the project a redevelopment of an existing building or brownfield area that would Yes 1 make the property a productive piece of land? No 0 x 3 0 Will the project encourage commercial and retail investment in underserved Yes I communities? No 0 x 3 0 Does the project enhance the use of existing public outdoor recreation facilities or Yes 1 areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 x 2 0 Is the project in an area with declining school enrolment that threatens its neighborhood schools with closure or support residential use in areas with Yes 1 x 2 historically declining school enrollment? No 0 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 No 0 x3 0 9. Makes development decisions predictable, fair and cost effective. 10 Yes 1 The project is consistent with the Future Land Use Map and Comprehensive Plan? No 0 x 2 2 The project is consistent with the Area Development Plan? Yes 1 No 0 x 2 2 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without significantly decreasing the transportation levels of service for surrounding areas? Yes 1 x 3 3 Will the project design incorporate systems for reducing storm water runoff or Yes 1 provide onsite retention? No 0 x 3 3 Does project contribute to the economic vitality and diversity of the community or propose commercial or industrial development in areas with high unemployment or chronic poverty? Nos 1 x 3 0 Point Grading System: Smart Growth Rating Total Points 42 0 -20 pts = * [ ] 21 -39 pts.= * * ® 40 -59 pts = n 60 -79 pts = * * * * n80-100 pts = * -336- 1/15/VefrZ 3 AN ORDINANCE Q2 2 71L¢ fQ-- f-'7 f AMENDING THE ZONING ORDINANCE UPON APPLICATION BY RULINGS REALTY, LTD., BY GRANTING A SPECIAL COUNCIL PERMIT FOR A PARKING AREA ASSOCIATED WITH THE ADJACENT AUTO DEALERSHIP, SUBJECT TO A SITE PLAN AND EIGHT (8) CONDITIONS ON WOODLAWN ESTATES UNIT 1, BLOCK 1, LOT 1 AND NORTH 10 FEET OF LOT 2, AND FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 18, NORTH 2.69 ACRES OUT OF LOTS 3 AND 4; 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 Hulings Realty, Ltd., for amendment to the zoning map of the City of Corpus Christi; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, September 4, 1996, during a meeting of the Planning Commission and on Tuesday, October 8, 1996, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that the hereinafter set forth 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 making the change hereinafter set out. SECTION 2. That a Special Council Permit be granted for a parking area associated with the adjacent auto dealership on Woodlawn Estates Unit 1, BIock 1, Lot 1 and north 10 feet of Lot 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, north 2.69 acres out of Lots 3 and 4, located along the south side of McArdle Road, east of Daly Drive, subject to a site plan and the following eight (8) conditions, metes and bounds attached as Exhibit A: 1. USE: The only use authorized by this Special Permit other than the basic "R -1B" One- family Dwelling District permitted uses is a parking area for vehicles, not to include truck - tractors and semitrailers, associated with the adjacent auto dealership proposed to the south. 2_ BUILDINGS: Buildings, permanent or portable, signs, freestanding or attached, and other similar structures are not permitted on this property. 96NH2830.365 / 996 -1 Amended 022714 900.0 -337- 2 3. SCREENING: A standard screening fence with an minimum height of 6' 11" must be placed along the east boundary line and along the north boundary line. The fence must be set back not more than forty -six (46) feet nor less than thirteen (13) feet from the McArdle Road south right - of-way line, such setback averaging twenty (20) feet for the entire length of the north boundary, in accordance with Exhibit B attached hereto and made a part hereof for all purposes. The screening fence must be installed before the issuance of a certificate of occupancy for the parking is issued. 4. LANDSCAPING: The area between the screening fence and the McArdle Road right-of- way must be landscaped. Landscaping must be in accordance with Exhibit B. The landscaping must be installed before the issuance of a certificate of occupancy for the parking is issued. 5. LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and public rights -of -way. 6. SPEAKERS: Outside paging, speakers, or telephone bells are prohibited. 7. ACCESS: Vehicle access or chive approaches to McArdle Road are prohibited. 8. TIME LIMIT Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions. SECTION 3. That the official zoning map of the City of Corpus Christi, Texas, be and the same is hereby amended as herein ordained. SECTION 4. That the Zoning Ordinance and Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as herein changed, shall remain in full force and effect. SECTION 5. That, to the extent that the amendment to the Zoning Ordinance set forth herein above represents a deviation from the Comprehensive Plan, the Comprehensive Plan is hereby amended to conform to the Zoning Ordinance as amended herein. SECTION 6. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and 96NH2830365 / 946 -I Amended 3 declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is p sed and shall take effect upon first reading as an emergency measure this the �'� , day of Li &&) , 1996. ATTEST: AYOR THE CITY OF CORPUS CHRISTI APPROVED THIS THE 9TH DAY OF OCTOBER, 1996. JAMES R. BRAY JR., CITY ATTORNEY orbert J. Hart, Assis ty ttorney 96NH2830.365 / 996 -i Amended —339— 4 Corpus Christi, Texas day of (9C'�(f./C- , 1996. 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, Council Members Respectfully, MAYOR THE CITY OF CORPUS CHRISTI The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 96NH2830.365 / 996 -1 Amended -340- MURRAY BASS. JR.. P.E. NIXON M. WEL5F{. P.E BASS & WELSH ENGINEERING P. 0. BOX 6307 CORPUS CNRISTr. TEXAS 78485.6397 EXHIBIT "A" State of Texas 3054 S. ALAMEDA PH. 512 582-5521 FAX 512 562-1265 August 19, 1996 96030.M81 County of Nueces ) Description of a 2.688 acre tract of land, more or less, being portions of Lots 3 and 4, Section 18, Flour Bluff and Encinal farm and Garden Tracts, a map of which Is recorded in Volume "A', Pages 41 - 43, map records, Nueces County, Texas, said 2.888 acre tract as further described by metes and bounds as follows (this description not based on an on- the - ground survey): BEGINNING at a point in the southwest right -of -way line of McArdle Road at the present easternmost corner of Lot 1, Block 1, Woodlawn Estates, a map of which is recorded in Volume 10, Page 34, said map records, for the northernmost corner of this tract; Thence. S81 °00'00 "E along said southwest right-of-way line of McArdle Road 1170.65' to a point for the easternmost corner of this tract, said easternmost corner bears N81°00'00"W 153.00' from the northernmost corner of Lot 10. Block 2. Meadowlane Addition Unit 1, a map of which is recorded in Volume 27, Page 22, said map records; Thence S29°03'144W 100.00' along a line 153.00' northwest of and parallel to the northwest boundary line of said Block 2, Meadowlane Addition Unit 1, to a point for the southernmost corner of this tract; Thence NB1°04'00"W 1171.08' along a line 100.00' southwest of and parallel to said southwest right -of -way line of McArdle Road, to a point in the southeast boundary line of Lot 2, said Block 1. Woodlawn Estates, for the westernmost corner of this tract; Thence N29°1 750 "E 100.00' along the southeast boundary line of said Block 1, Woodlawn Estates to the POINT OF BEGINNING, said 2.688 acre tract is shown in sketch attached hereto as Exhibit "B". MXON M. VELSli iron . Welsh, R.P.L.S. • MURRAY SASS, JR.. P E. NIXON M WELSH. P.E. BASS & WELSH ENGINEERING P. O. BOX 6397 CORPUS CHRISTI. TEXAS 76466 -6397 EXHIBIT "A" State of Texas ] 3064 S. ALAMEDA PH. 612 682 -6621 FAX 612 882-1251 August 19, 1996 96030.M82 County of Nueces Description of a 0.448 acre tract of land, more or less, being all of Lot 1 and a portion of Lot 2, both out of Block 1, Woodlawn Estates, a map of which is recorded in Volume 10, Page 34, map records, Nueces County, Texas, said .0.448 acre tract as further described by metes and bounds as follows (this description not based on an on- the - ground survey): BEGINNING at the point of intersection of the southeast right -of -way line of Daly Drive and the southwest right -of -way line of McArdle Road for the present northernmost corner of said Lot 1, Block 1, Woodlawn Estates and northernmost corner of this tract; Thence 361°00'001E 195.00' along said southwest right -of -way line of McArdle Road to the present easternmost corner of said Lot 1, Block 1, for the easternmost corner of this tract: Thence 329°17581V at 90.00' pass the southernmost corner of said Lot 1, In all a distance of 100.00' to a point in the southeast boundary line of Lot 2, said Block 1, Woodlawn Estates, for the southernmost corner of this tract; Thence N61°00'00"W 195.00' along a line 100.00' southwest of and parallel to said southwest right - of -way line of McArdle Road and 10.00' southwest of and parallel to the northeast boundary line of said Lot 2, to a point In the southeast right -of -way line of Daly Drive for the westernmost corner of this tract; Thence along said southeast right -of -way line of Daly Drive N29 °17'58'E at 10.00` pass the northernmost corner of said Lot 2, In all a distance of 100.00'. to the POINT OF BEGINNING. said 0,448 acre tract Is shown In sketch attached hereto as Exhibit "8". —342— EXHIBIT B EXHIBIT B -343- goon- ua_r.1117-3 6/ =. /25.5 1.26 MI II II I iI I I i l II 1 I F. r �I i1 II .... _ bail - 60..,• -�. 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PAM 6r, .� w Rem ILL PRELIMINARY MASTER PLAN PHASE 3 - ULTIMATE BUILD OUT BRA ROM d,m. A BIrW vq l mrmcTaq p LT sr. i,l� Ilwq "�vsm, r�°"i'a`�li •• °io a ua Rn r_I I:ol MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall August 4, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman Arrived at 5 :34p.m. James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Arrived at 5 :32 p.m. Mark Adame John Taylor Left at 6 :50p.m. STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Faryce Goode - Macon, Assistant Director of Development Services /Planning Section Andrew Dimas, City Planner Left at 7 :17 p.m. Robert Payne, AICP, Senior City Planner Arrived at 5 :36 p.m. Miguel S. Saldana, AICP, Senior City Planner Deborah Brown, Assistant City Attorney Arrived at 5:40 p.m. Ashley Satterfield, Recording Secretary Janysse Delgadillo Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta Para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Garza at 5:31 p.m. B. ZONING 1. New Zoning b. Case No. 0810 -02 AN Corpus Christi Chevrolet, LP.: A change of zoning from the "R -1B" One - Family Dwelling District to the "B -3" Business District resulting in a change of land use from one - family dwelling to business use. The property to be rezoned is 6.87 acres out of Woodlawn Estates, BIock 1, Lots I and 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, Lots 3 and 4, approximately 1,300 feet northwest of the intersection of McArdle Road and Nile Drive. Andrew Dimas, Development Services, presented New Zoning item "b" Case No. 0810 -02 via PowerPoint, stating the applicant is requesting a change of zoning from the "R -1B" One- Family Dwelling District to the "B -3" Business District. The purpose of the request is to develop a phased automobile sales and services concept that compliments the three (3) existing car dealership on the frontage of South Padre Island Drive (SPID). Staff recommends approval with conditions of the change of zoning "B -3" Business District. Commissioner Skrobarczyk commented the future land use further down McArdle and South Padre Island Drive (SPID) was for commercialization. Public hearing was open. Cynthia Trevino Eisenberg, 1309 Sandpiper Drive, came forward in opposition. Ms. Trevino Eisenberg is the President of the Pharaoh Valley Homeowner's Association. Ms. Trevino Eisenberg believes the applicant requested the change of zoning because funding for agriculture was no longer available to them and Toyota wanted to consolidate its dealerships. -345- Planning Commission Agenda August 4, 2010 Page 2 Ms. Trevino Eisenberg stated the subject property is focused on the side and back towards Haas Middle School rather than the frontage road. Traffic and drainage studies have not been conducted and these are the biggest issues. Mr. Dimas stated the two driveways on McArdle Road were requested by the applicant and not required by the city. Chairman Garza ensured Ms. Trevino Eisenberg of staffs effort to monitor traffic and drainage problems in the area. Detention ponds are a tremendous help for the drainage problem as proposed by the applicant. Laura Chapman, 1101 Clarion, came forward in opposition. Ms. Chapman is a Board Member of the Pharaoh Valley Homeowner's Association, Woodlawn PTA, and the mother of three (3) children who attend Woodlawn Elementary. Ms. Chapman mentioned a traffic study done that allowed two speed bumps to be placed on Clarion. Traffic and flooding are the major issues. Stephen Chapman, 1101 Clarion, came forward in opposition. Mr. Chapman's concern is the two access ways allowing access from McArdle Road. Mr. Chapman expressed concern regarding the traffic created by test drivers from the car dealership. Additionally, the land could be turned into a commercial business allowable in "B -3" Business District if the dealers ever left. Sandra Perez, 1302 Aswan, came forward in opposition. Ms. Perez has experienced terrible flooding due to the drainage problems. Ms. Perez expressed concern regarding the detention pond and the mosquito problem that may arise. Cindy English, 1309 Aswan, came forward in opposition. Ms. English agreed with the issues that were mentioned. Ms. English feels the dealership is not a good fit for the neighborhood, will ruin property values, create more traffic, and create more noise. Alfred Murch, 1313 Aswan, came forward in opposition. Mr. Murch commented on the cement not retaining water. Mr. Murch feels the drainage problems will be worsened and the value of the surrounding homes will drop. Will Schnier, representative of the applicant, came forward. Mr. Schnier is the civil engineer working on this case. Mr. Schnier stated the current fields drainage does not have an outlet to a municipal store sewer system or a ditch of any form. The property is depressed due to constant tilling and erosion over the years. The property is said to be four (4) feet below Aswan. Mr. Schnier displayed a drainage break directly on the property line that causes the flooding on Aswan. The detention pond proposed is designed to drain within 48 hours of rain. The model has been reviewed by the engineers of the City of Corpus Christi and approved by engineers of Public Works Department. The model decreases the amount of storm water leaving the property and entering the public right of way. Mr. Schnier explained the current Platting Ordinance would allow the dealership to have thirty (30) driveways servicing residential houses. The two driveways allow ingress and egress of cars onto the property without having to reverse maneuver. Mr. Schnier explained the applicant is not proposing any new buildings, new lighting, or new sound making device. Vice - Chairman Huerta suggested an access drive from South Padre Island Drive (SPID) with no access to the McArdle area will essentially do the same thing. Mr. Schnier responded stating the option is still in consideration. Vice - Chairman Huerta added the city does not typically allow commercial business to spill into the residential areas surrounding the subject property. Vice - Chairman Huerta went on to express his concern for the conditions for and around Haas Middle School. -346- Planning Commission Agenda August 4, 2010 Page 3 In response to Commissioner Martinez, Mr. Schnier displayed the area in which the detention pond will be placed in the northeast part of the property. The front part of the break drains into Aswan and the back part of the break drains into the subject property. Vice - Chairman Huerta added the subject property was lower than the Aswan properties. Mr. Schnier addressed the Southhaven Street issue. The applicant has dedicated an emergency access turnaround at the existing terminus at Southhaven on the existing property which will prevent residential from entering the subject property as well as prohibit the car dealerships to entering Southhaven. Ms. Perez came forward inquiring about further information regarding the detention pond. Mr. Schnier described the detention pond to Ms. Perez. In response to Chairman Garza, Juan Perales, Development Services, stated no capital projects for the area in means of short-term. Mr. Perales added the Capital Improvement List would be reviewed to see if any projects were assigned to the area. The Storm Water Department and engineers would be contacts to see if a study can be conducted. Ms. Perez stated she already looked at said list and no projects were present. Ms. Brown reiterated the proper procedures for public comments. Public hearing was closed. Commissioner Skrobarczyk commented on the drainage issue on Ennis Joslin possibly backing up into the Aswan area. Commissioner Skrobarczyk continued by asking if there was any current litigation regarding the drainage problems with Ennis Joslin. Ms. Brown reiterated the discussion must come back to and stay on the topics listed on the agenda. In response to Commissioner Skrobarczyk, Mr. Perales stated the car dealership is more traffic intensive versus business allowed in the "B -3" Business District. Ms. Goode -Macon stated the traffic depends on numerous factors including the type and use of business. Mr. Perales expanded on the comment made by Ms. Goode- Macon. 6:50 p.m. — Commissioner Taylor left In response to Vice - Chairman Huerta, Ms. Goode -Macon stated the Special Permit expired because the work was never completed. The landscaping buffer existing on the property line of McArdle Road can be removed because of the expiration of the Special Permit. The property went straight back to the "R-1B" One - Family Dwelling District after the Special Permit expired. Mr. Dimas stated the Special Permit was for vehicle parking. The Special Permit was issued in 1996 and expired in 1997. Vice - Chairman Huerta asked if the applicant can have the driveway coming from the "B -3" Business District through the "R -113" One - Family Dwelling District. In response, Mr. Perales stated the Driveway Ordinance is based on the classification of the street and not the land use. The applicant could place driveways through the "R -1B" One- Family Dwelling District anytime. The "R -1B" One - Family Dwelling District is prohibits parking. In response to Commissioner Skrobarczyk, Ms. Goode -Macon stated the applicant may place their detention pond in the "R -1B" One - Family Dwelling District. Chairman Garza added the restrictions may go away. —347— Planning Commission Agenda August 4, 2010 Page 4 Vice - Chairman Huerta commented on the possibility of the property owners not developing the site plan submitted and turning the strip into a shopping center or something of that nature. Commissioner Kelly asked to add another condition to the Special Permit stating ingress and egress only be allowed from South Padre Island Drive (SPID). In response to Commissioner Skrobarczyk, Mr. Schnier stated the property owners do not want to table the item. Motion to deny New Zoning item "b ", the `B -3" Business District, and in lieu thereof, approving the "R- 1B /SP" One - Family Dwelling District with Special Permit with staff's suggested ten (10) conditions. Motion failed due to lack of a second. Motion to approve New Zoning item "b" was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk. Motion failed. Motion to deny New Zoning item "b ", the 13-3" Business District, and in lieu thereof, approving the "R- 1B /SP" One - Family Dwelling District with Special Permit with the staff's suggested ten (10) conditions and adding an additional condition to limit all ingress and egress to South Padre Island Drive (SPID) was made by Commissioner Martinez and seconded by Commissioner Kelly. Mr. Schnier came forward and stated the additional condition was acceptable. Mr. Schnier requested the Planning Commission clarify the rights of the property owner to take access off of Daly Drive. Chairman Garza verified the right of the property owner to access of Daly Drive and acknowledged the neighborhoods concerns as valid issues. In response, Ms. Brown stated the motion requires an amendment because the motion was to limit access only from South Padre Island Drive (SPID). Mr. Schnier requested the Planning Commissioner to consider a right way access from McArdle with no left turns allowed. Chairman Garza clarified the motion as to deny New Zoning item "b", the "B -3" Business District, and in lieu thereof, approving the "R- 1B /SP" with the staffs suggested ten (10) conditions and adding an additional condition to prohibit all ingress and egress from McArdle Road was made by Commissioner Martinez and seconded by Commissioner Kelly. In favor: Chairman Garza, Vice - Chairman Huerta, Skrobarczyk, Kelly, Nadkarni, Martinez, Adame. In opposition: Tamez. Motion passed with Commissioner Taylor being absent. -348- STAFF RECOMMENDATION ORDINANCE Page 1 of 3 AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY AN CORPUS CHRISTI CHEVROLET, LP, BY CHANGING THE ZONING MAP IN REFERENCE TO 8.87 ACRES OUT OF WOODLAWN ESTATES BLOCK 1, LOTS 1 AND 2, AND FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 18, LOTS 3 AND 4, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B -3" GENERAL 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 AN Corpus Christi Chevrolet, LP, 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, August 4, 2010, during a meeting of the Planning Commission, and on Tuesday, September 14, 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 6.87 acres out of Woodlawn Estates, Block 1, Lots 1 and 2 and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, Lots 3 and 4, approximately 1,300 feet northwest of the intersection of McArdle Road and Nile Drive, from "R-1B" One - Family Dwelling District to "B -3" General Business District. (Zoning Map 040035) (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:1 LEG- DIR1Shared \LEGAL- DEV.SVCS12010 Agenda19- 141010810 -02 AN Corpus Christ€ Chevrolet, LP1081002 R -1B To B -3.Doc —349— 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 , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: ye , 2010 eborah Walther Assistant City Att For City Attorney H:1 LEG- DIR1Shared\LEGAL- DEV.SVCS12010 Agenda19 -14- 1010810 -02 AN Corpus Christi Chevrolet, LP \081002 R -1B To B -3.Doc —350— Page 3of3 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 l is 1LEG- DIRIShared\LEGAL- DEV.SVCS12010 Agenda19 -14- 1010810 -02 AN Corpus Christi Chevrolet, LP1081002 R -1B To B -3.Doc -351- PLANNING COMM155. RECOMMENDATION ORDINANCE Page 1 of 4 AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY AN CORPUS CHRISTI CHEVROLET, LP, BY CHANGING THE ZONING MAP IN REFERENCE TO 6.87 ACRES OUT OF WOODLAWN ESTATES, BLOCK 1, LOTS 1 AND 2, AND FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 18, LOTS 3 AND 4, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "R1 -BISP" ONE - FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT, SUBJECT TO A SITE PLAN AND TEN (10) CONDITIONS; 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 AN Corpus Christi Chevrolet, LP, 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, August 4, 2010, during a meeting of the Planning Commission, and on Tuesday, September 14, 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 6.87 acres out of Woodlawn Estates, Block 1, Lots 1 and 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, Lots 3 and 4, approximately 1,300 feet northwest of the intersection of McArdle Road and Nile Drive, from "R1 -B" One - Family Dwelling District to "R1 -BISP" One - Family Dwelling District with a Special Permit, subject to a site plan, attached, and ten (10) conditions. (Zoning Map 040035) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following ten (10) conditions: H:1LEG- DIR1Shared \LEGAL- DEV.SVCS12010 Agenda19- 141010810 -02 AN Corpus Christi Chevrolet, LP1081002 R -18 To R1 -B- SP.Doc -353- Page 2 of 4 1. Uses: All uses allowed in the "R1 -B" One - Family Dwelling District, plus the use of the property as vehicular parking associated with automobile sales and service. 2. Buildings: No buildings are permitted. 3. Landscaping: Along McArdle Road, the addition of an approximately a 4 -foot tall landscaped berm. Along residential adjacency, addition of canopy trees, as approved by City Staff during site development plan review, with a minimum of a 3 -inch caliper trunk measured at 4-feet above grade planted at thirty (30) feet on center. 4. Screening: Repair /Replacement of the solid screening fence along McArdle Road with a minimum height of six (6) feet. An eight (8) foot tall, solid screening fence along residential adjacency. 5. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. Additionally, no private lighting poles shall be located within 25 -feet of any adjacent residential lot. 6. Outdoor paging systems /Intercom systems: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Dumpsters: Solid waste dumpsters shall not be located within 50 -feet of a residential property and shall be screened with building materials consistent with the materials found on the facade of the main auto sales building(s). 8. Hours of Operation: 6:30 AM to 7:30 PM 9. Ingress and Egress: All ingress and egress from McArdle Road is prohibited. 10. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. 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 4. 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:1 LEG- DIRISharedlLEGAL- DEV.SVCS12010 Agenda19- 141010810 -02 AN Corpus Christi Chevrolet, LP1081002 R -1B To R1 -B- SP.Doc —354— Page 3 of 4 SECTION 5. 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 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. 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 8. 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 9. 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 , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary APPROVED: , 2010 eborah Walther = • n Assistant City A • rney For City Attorney U Mayor, City of Corpus Christi H:1 LEG- DIRIShared\LEGAL- DEV.SVCS12I310 Agendal9- 14- 1010810 -02 AN Corpus Christi Chevrolet, LP1081002 R -1B To RI -B- SP.Doc —355— Page 4 of 4 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: 1LEG- DIRISharedlLEGAL- DEV.SVCS12010 Agenda \9 - 14-1010810 -02 AN Corpus Christi Chevrolet, LP \081002 R -1B To Ri -B- SP.Doc —356— PLACE S. PHARAOH V LLEY SCHOOL TRACTS 3 OD AWN 4 PHARAOH VALLEY' NW & SW WOODLAWNf ES TATT UNIT 3 FLOUR BLUFF & 4 NTURY Si SP DIVAN ADD 0 4iry d • i if 4ff304 CASE: 0810 -02 Exhibit. A Planning Commission Recommendation From: R -1B To: R -1B /SP Ordinance: on-or-6. ' tar iic.S1 —-—-— — it i 1.tpolt kap our 'pm mu 0111014111111 , ligth Ihqf 1 1101 !J PP 00,0 114111g: 11 040 W.V.; W.AbOtier NAITON - CORPUS CHRISTI mi:10 &WIN PADK4tAND cows .c0 HOEarnoWny,1110GS, 114,11wd, . •4ser. PptiNiNARY MASTER KAN NOSE 3 - ULTIMATF Bulb OUT sitAinzia • EXWIRLT B TIma '''1461,' ■"4,•.Vrafi--.Par'" • - --- • --• •---• -• .•••••- 28 AGENDA MEMORANDUM AGENDA ITEM: September 1, 2010 PUBLIC HEARING — ZONING (City Council Action Date: September 14, 2010) Case No. 0810 -03: Fabian Molina Family LTD: The applicant is requesting a change of zoning from the "B-4" General Business District to the "1 -2" Light Industrial District resulting in a change of land use from a general business use to a light industrial use. The property to be rezoned is 0.977 acres out of Saratoga Weber Plaza, Block 7, Lot 14, located at 3814 Acushnet Drive, approximately 975 feet northwest of the intersection of Acushnet Drive and Weber Road. STAFF AND PLANNING COMMISSION RECOMMENDATION: Approval of the applicant's request for the "1 -2" Light Industrial District REQUIRED COUNCIL ACTION: Approval of Planning Commission's and Staffs Recommendation. STAFF SUMMARY: Request: The applicant is requesting the rezoning to the "1 -2" Light Industrial District, to allow for the operation of a light industrial business park. Existing Land Uses: The subject property is currently commercial. To the north, east and west of the property is commercial uses and vacant property while to the south is commercial and medium density residential. Existing Zoning: The subject property is zoned "B -4" General Business District. The purpose of the "B-4" General Commercial District is to provide for various commercial uses, personal services, automotive services, etc. with access to an arterial street or freeway. Residential uses are allowed. The "B-4" General Commercial District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. Requested Zoning: The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. The "1 -2" District requires a minimum 20 -foot front yard setback and no side or rear yard setbacks are required unless the property abuts a residential district; in which case a 10 -foot side and rear set back would be required. The "I- 2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement, or floor area intensity factor requirement. -361- Agenda Memo Case No. 0810 -03 Fabian Molina Family LTD Page 2 \la._ /4\1 Juan Perales, Jr., P.E. Assistant City Manager, Departments of Engineering and Development Services Email: johnnyp aacctexas.com Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) -362- CITY COUNCIL ZONING REPORT Case No.: 0810 -03 Planning Commission Hearing Date: August 4, 2010 Applicant & Legal Description Applicant: Fabian Molina Family, Ltd. Owner: Same as Above Representative: Joe L. Garcia Address: 3814 Acushnet Drive Legal Description/Location: Saratoga Weber Plaza, Block 7, Lot 14, located at 3814 Acushnet Drive, approximately 975 feet northwest of the intersection of Acushnet Drive and Weber Road. Zoning Request From: To: Area: Purpose District "B-4" General Business District "I -2" Light Industrial District 1.5 acres of Request: The applicant is requesting the rezoning to the "1-2" Light Industrial to allow for the operation of a light industrial business park. Zoning Existing Land Use Future Land Use Site "B -4" General Business District Commercial "I -2" Light Industrial District North "B -4" General Business District Commercial/Vacant Commercial South "I -2" Light Industrial District/ "B -4" General Business District Commercial/Medium Density Residential "I -2" Light Industrial District East "B -4" General Business District Commercial/Vacant Commercial West "I -2" Light Industrial District Commercial/Vacant "I -2" Light Industrial District ADP, Map & Violations Area Development Plan: This tract of land is guided under the auspice of the Southside Area Development Plan. The proposed change in zoning is consistent with the adopted Future Land Use Plan which designates the area for light industrial uses. Map No.: 047035 Zoning Violations: None —363— City Council Zoning Report Case #: 0810 -03, Fabian Molina Family, Ltd. Page 2 Staffs Summary: • Request: The applicant is requesting the rezoning to the "I -2 "Light Industrial District, to allow for the operation of a light industrial business park. • Existing Land Uses: The subject property is currently commercial. To the north, east and west of the property is commercial uses and vacant property while to the south is commercial and medium density residential. • Existing Zoning: The subject property is zoned "B -4" General Business District. The purpose of the "B -4" General Commercial District is to provide for various commercial uses, personal services, automotive services, etc. with access to an arterial street or freeway. Residential uses are allowed. The "B -4" General Commercial District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. • Requested Zoning: The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. The "I -2" District requires a minimum 20 -foot front yard setback and no side or rear yard setbacks are required unless the property abuts a residential district; in which case a 10- foot side and rear set back would be required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement, or floor area intensity factor requirement. • Transportation and Circulation: The subject property has access to Acushnet Drive. The Future Transportation Plan calls for Acushnet to be a C-1 Minor Residential Collector. Street R.O.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Transportation Plan Type Traffic Volume 2008 Acushnet Drive 40' wide/ 35' paved No Change C -1 Minor Residential Collector N/A • Infrastructure Demand: o Water: An 8 -inch water line runs along Acushnet Drive. o Wastewater: An 8 -inch wastewater line runs along Acushnet Drive. o Stormwater: A 48 -inch stormwater line runs along Acushnet Drive. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C80. Crime statistics up to 2005 show an increase from 823 crimes committed in 1993 to 1,144 in 2005. The last year for which statistics are available is 2005. —364— City Council Zoning Report Case #: 0810 -03, Fabian Molina Family, Ltd. Page 3 o Fire: The closest Fire Station is number 6, located at 6713 Weber Road, approximately .2 miles from the subject property. • Environmental Constraints: o FEMA Flood Zone: Zone C: Area of minimal flood hazard o Soil Type: 100% (VcA) "Victoria Clay" o Slope: 0 to 1 percent o Drainage class: Well drained o Depth to water table: More than 80 inches o Frequency offlooding: None o Frequency of ponding: None o Available water capacity. Moderate (about 6 -9 inches) o Wetlands: None o Flight Zone: Area is 50' to the north of an Accident Potential Zone 2 (APZ -2) of the Air Installation Compatibility Use Zone (AICUZ) of Cabaniss Field. • Relationship to Smart Growth (See Attachment 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 39 on a scale of 100 points. o Creates Walkable Neighborhoods (6 points) and; o Fosters Distinctive, attractive communities with a strong sense of place (2 points) and; o Strengthens and directs development toward existing communities (15 points) and; o Provides a variety of transportation choices (6 points) and; o Makes development decisions predictable, fair and cost effective (7 points) • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for a light industrial use; therefore, the proposed "I -2" Light Industrial District is consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. o CORPUS CHRISTI POLICY STATEMENTS: a. ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The subject properly is designated as light industrial according to the future land use map. The industrial park would be consistent with the future land use map. -365- City Council Zoning Report Case #: 0810 -03, Fabian Molina Family, Ltd. Page 4 a. PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. Staff Comment: The subject property is located directly adjacent to an Air Installation Compatibility Use Zone (AICUZ) and an area of light industrial zoning districts. The industrial park would be a appropriate and compatible use. c. PROPERLY PLANNED INDUSTRIAL PARKS SHOULD BE ENCOURAGED. A primary objective is to attract new industry for Corpus Christi. Business should be encouraged to develop in industrial parks that are properly planned and landscaped. Large industrial parks are to be encouraged as they usually offer more utilities and amenities to mitigate the effect of industrial development than do smaller, individual -lot developments. Staff Comment: The industrial park is a compatible use. o SOUTHSIDE AREA DEVELOPMENT PLAN B.6 - POLICY STATEMENT High- intensity commercial and industrial areas should be buffered to provide transition from low- density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. Staff Comment: The subject property is set in an area that is industrial in nature and is appropriate for industrial development. Plat Status: The subject property is platted. Department Comments: • The subject property is bisected with a zoning district border. o The southern section is currently zoned "I -2" Light Industrial. o The upper section is currently zoned "B -4" General Business. • Area is 50' to the north of an Accident Potential Zone 2 (APZ -2) of the Air Installation Compatibility Use Zone (AICUZ) of Cabaniss Field. —366— City Council Zoning Report Case #: 08I0 -03, Fabian Molina Family, Ltd. Page 5 • Due to proximity to AICUZ and portion of lot currently zoned "I -2" Light Industrial, a change of zoning for the remainder of the lot to the "I -2" Light Industrial District is appropriate. Planning Commission and Staff Recommendation: Approval of the change of zoning to the "I -2" Light Industrial District Number of Notices Mailed Total -- 8 within 200' notification area; 2 outside notification area As of September 1, 2010 Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 1 (1.98 %) (inside notification area); 0 (outside notification area) Attachments: 1. Neighborhood 2009 Aerial 2. Neighborhood Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2009 Aerial 5. Site — Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. Smart Growth Principles 9. Metes and Bounds —367— • ' .-. L. ' •• • • : Refef,KAlaj.r2 farAfetiWrho6g .:Ev:1:s.Or.q•Lapi.:dq:16.e.;11W.asieithi; • 2 ; ;:, R.H 1NEIGHBOO : — ,EX1 TING''LAND • • USE • Mate R sidierftrd! . R t irda ttisi •- C/' .4Oie bey? ys. 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N .P •h.• M m • COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0810 -03 Name: Fabian Molina Family Ltd h 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: 8 0 Favor: 0 Opposition: 1 (1.98%) II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: Returned undeliverable: 2 0 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:1PLN- DIR\SHARED\1. Planning Commission12010 PC12010 Public Comments10810 -03 Fabian Molina Family Ltd.doc -379- A v A myull A W N .. p 0 ▪ W [..21:417.44v .1 X 9 9 I+ W W [Y W W O S C 0 o O o 0 O O pp pp 0 0 pp C IN Y o o 8 C 0 0 0 o m -° 00 °03_'_6.{00y1 O 0 0 °�9 �n� n�F=aoo�a i r Z ��n :41 z m 7� 1.,-. :L.I.:›Wizio .1 v I.+ 5 0 h a ° c a 0 0 v ? n • nal 3 = ZZ 9 y ° m 0 p • A G 2° m O X rz V� o . 4. .i w a • o p N .O1i n o A I.Oi rn K� F+ x K N1 -c (0 C • b 7a r Gmi p y 0 r a = y A m m I� • C m a r G g a m 0 A µ m = ° G v a 'Silt N3B3M 9Z9tr nn 00 AA mm CO x n z a nn oo or-4 r S W L XL USIWH7 Sf1dIO 1 78416 SARATOGA WEBER PLAZA LT 14 BLK 7 v 0 1n 9 O m C m Oa X X N Z O N NO A N g A11OH 1009 0 0 I++ 000.000 p n • C C MM IC C . M N W m N N N H _ = m = ' _ _ _ mm A0 73x23 ti 4 n4 ooE00000 1.^1^ s a g q W N W Lµi1 S W N r-• • X X D 7C X w A M I- X X V V V V LN18E11 W Q� AtoNJW La O V O aa, m +1 UI V r V N -I M v N W W N :1 pm w w In O- ID N N V O O v 1-. N w V1 F+ v A F+ }+ O W 1.+ A {t1 Lu w In N Yj C la F+ vi I.f A V GO of (C o vi -I 1-. is a1 V w w is A m m 00Q@00000 m vi m QQN N N .. W 1 I- 0 SQ- b O b b 0 0 C �7 W W W W W W W W W la A rn rn 2 011 All V VJ VNI1Ow NVIBVd £0 -0180'0N 3SV3 SMART GROWTH COMPARISON: ATTACHMENT 8 Polices listed below are taken from "Getting to Smart Growth II: 100 More Policies for Implementation'; provided by the Smart Growth Network. These policies 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 in no way meant to serve as additional development requirements or regulations. Smart Growth policies 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. Zoning Case:0810 -03 From: "B -4" General Business District To "I -2" Light Industrial District Will the request promote development that fosters the following? Answer Pts. Weight Score 1. Mix land uses. 0 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- 2 uses added 2 serving retail/service? 1 use added 1 x 3 0 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 No 0 x2 0 Project is mixed use (any combination of housing, retail, office, commercial, public 4 + uses 3 0 buildings, etc.) 3 + uses 2 x2 2 + uses 1 2. Takes advantage of compact building design. 0 Utilizes reduced setbacks and/or compact development that supports more stores Yes 1 and restaurants within a neighborhood boundary, or creates opportunities to pursue 0 x 3 a range of activities in a small area? No 0 Manages and effectively provides a transition between higher and lower - density Yes 1 neighborhoods? No 0 x 2 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 within Yes 1 the community? (condos, townhomes, single - family, apartments) No 0 x 3 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed - income developments and/or low- income homeowners and individuals to reduce building costs and uses available resources Yes No 1 0 x 3 more effectively? 0 The project promotes development (residential, commercial, office) with a wide Yes 1 range in pricing available for varying income levels for sale or lease? No 0 x 3 0 4. Creates walkable neighborhoods. 6 Promotes development close to schools, corner stores, dry cleaners, restaurants, and Yes 1 other services that promotes walkable communities and reduces long- distance 0 x 3 commutes? No 3 Will incorporate sidewalks or a bike or pedestrian path into the final development Yes 1 or connects to existing sidewalks? No 0 x 3 3 Promotes development so children are close enough to walk to school? Yes 1 No 0 x 2 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 focus on Yes 1 a historical, cultural, or natural attributes? No 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Development Yes 1 x 2 Plan, the Future Land Use Map, and/or Comprehensive Plan? No 0 2 Promotes shopping and makes retail centers distinctive and attractive destinations and gathering places where residents frequent on the weekends? Yes No 1 0 x 3 0 Revitalizes the waterfront, beach, or bay areas? Yes 1 No 0 x3 0 Does the project remove blight from its neighborhood? Yes 1 No 0 x 3 0 —381— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. _ 0 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these areas; utilizes land management techniques, to decrease the amount of pollution entering Yes No 1 0 x 4 the water system and preserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing Yes 1 environmental impacts? No 0 x 3 0 Supports tree preservation onsite and/or provides adequate tree landscaping (at a Yes 1 minimum) to replace trees being removed? No 0 x 3 0 Provides community green open space or includes useable green space for outdoor recreation and reserves views of scenic, historic or cultural areas? Yes No 1 0 x 3 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 farmland? No 0 x 2 0 7. Strengthens and directs development toward existing communities. 15 Is the project located, adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than 'A mile 2 x 4 'A to' /mile 1 %z +miles 0 12 Is the availability of existing public services, such as police, fire, schools and Yes I health, sufficient to serve the project? No 0 x 3 3 Is the project a redevelopment of an existing building or brownfield area that would Yes 1 make the property a productive piece of land? No 0 x 3 0 Will the project encourage commercial and retail investment in underserved Yes 1 communities? No 0 x 3 0 Does the project enhance the use of existing public outdoor recreation facilities or Yes 1 areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 x 2 0 Is the project in an area with declining school enrolment that threatens its neighborhood schools with closure or support residential use in areas with historically declining school enrollment? Na 1 x 2 0 8. Provides a variety of transportation choices. 9 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 No 0 x3 3 9. Makes development decisions predictable, fair and cost effective. 7 Yes 1 The project is consistent with the Future Land Use Map and Comprehensive Plan? No 0 x 2 2 The project is consistent with the Area Development Plan? Yes 1 No 0 x 2 2 Is the proposed project located along transportation corridors where traffic is funneled to right-of-ways capable of handling the increased traffic without significantly decreasing the transportation levels of service for surrounding areas? Yes 1 x 3 3 Will the project design incorporate systems for reducing storm water runoff or provide onsite retention? Yes No 1 0 x 3 0 Does project contribute to the economic vitality and diversity of the community or propose commercial or industrial development in areas with high unemployment or chronic poverty? Yes 1 x 3 0 Point Grading System: Smart Growth Rating Total Points 39 ❑ 0 -20 pts = * ® 21 -39 pts.= * * n 40 -59 pts = ❑ 60 -79 pts = l * * * U 80 -100 pts = -382- STATE OF TEXAS COUNTY OF NUECES U ROAN ENGINEERING Job No. 23775.B000 August 5, 2010 Fieldnotes for the re- zoning of a 0.977 acre (42,550.905 square feet) tract of land out of Lot 14, Block 7, Saratoga Weber Plaza, a map of which is recorded in Volume 67, Page 171, Map Records of Nueces County, Texas; said tract being more fully described as follows: Commencing at a 5/8" iron rod with red plastic cap stamped "URBAN ENGR C.C. TX" found on the northeast boundary of Acushnet Drive, a 60 foot wide public roadway, for the west corner of Lot 13, Block 7, Saratoga Weber Plaza, a map of which is recorded in Volume 66, Page 54, Map Records of Nueces County, Texas and for the south corner of said Lot 14; Thence, North 28 °29' 15" East, with the common boundary of said Lots 13 and 15, a distance of 41.78 feet for the Point of Beginning and for the south corner (no monumentation found or set) of this tract; Thence, North 44'23'03" West, with the southwest boundary of this tract, a distance of 284.84 feet to the common boundary of said Lot 14 and Lot 15A, Block 7, Saratoga Weber Plaza, a map of which is recorded in Volume 67, Page 229, Map Records of Nueces County, Texas for the west corner (no monumentation found or set) of this tract; Thence, North 28 °29' 15' East, with said common boundary of Lots 14 and 15A, a distance of 114.52 feet to the southwest boundary of Lot 15B, Block 7, Saratoga Weber Plaza, a map of which is recorded in Volume 67, Page 229, Map Records of Nueces County, Texas for the east corner of said Lot 15A, for the north corner of said Lot 14 and for the north corner (no monumentation found or set) of this tract; Thence, South 61 °27'00" East, with the common boundary of said Lots 14 and 15B, same being the northeast boundary of this tract, at 68.67 feet pass the south corner (no monumentation found or set) of said Lot 15B and the west corner of Lot 3, Block 7, Saratoga Weber Plaza, a map of which is recorded in Volume 62, Page 22, Map Records of Nueces County, Texas and continuing with the common boundary of said Lot 3 and said Lot 14, same being the northeast boundary of this tract, in all a total distance of 272.21 feet to a 5/8" iron rod with red plastic cap stamped "URBAN ENGR C.C. TX" found for the north corner of said Lot 13, for the east corner of said Lot 14 and for the east corner of this tract; Thence, South 28°29'1.5" West, with the common boundary of said Lots 13 and 14, same being the southeast boundary of this tract, a distance of 198.11 feet to the Point of Beginning and containing 0.977 acre (42,550.905 square feet) tract of land Bearings based on the recorded plat of Lot 14, Block 7, Saratoga Weber Plaza, a map of which is recorded in Volume 67, Page 171, Map Records of Nueces County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. 11 Uthanf3011data \Survayi ng1237751B0001FN23775B000.do (361)854 -3101 2725 ANTNER DR. ® CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com URBAN ENGINEERING Q ZJ JUAN J. SALAZAR, RP.L.S. License No. 4909 TBPE Mr13F145 Page 1 of 1 FAX (361)854 -6001 30' Lot 7, Block 7 Saratoga Weber Plaza Vol. 64 Pg. 131, 10'U.E. Lot 14 Block 7 Saratoga Weber Plaza Vol. 5 Pg. 75, Map Records of Miaow County, Texas Lot 159 Block 7 Saratoga fiber Plaza Vol. 67, Pg. 224 Map Records of Nueces County, Texas WAIFS S Lot 4 Block 7 Saratoga a Weber Plaza Vol. Pg. 22, Map Records of Nueces County, Texas NMFS No Monumentatlon Found or Set 127 °00" E 272.21' L Fd. 5 /8" I.R. with red plastic cap stomped "Urban Engr C.C. Tx" ILO Ifkke cE iqqt -coin t N 4 ■ N NMfS h 30' cn Co_ �Ppt'61c_ Lot 15,1,_ Block 7 S � Saratoga er Plaza Vol. Vo�67, P . 229, l. L M.R. c T. Lot 14, Block 7 Saratoga Weber Plaza Vol. 67 Pg. 171, Map Records of Nueces County, /Texas Rezone from 9 -4 to 1 -2 sye,9 .2' (4 •84° 20'Y.R. ?)\-:1/4-.-- Paint of Beginning 1011 — 1C Acushnet Drive WAIFS 2O'Y.R, Point of Commencement Fat 5 I.R. with red plast c cap stamped 'Urban Enor C.C. Tx Exhibit B FIELDNOTES for the re— zoning of a 0.977 acre (42,550.905 square feet) tract of land out of Lot 14, Block 7, Saratoga Weber Plaza, a map of which is recorded in Volume 67, Page 171, Map Records of Nueces County, Texas. URBAN ENGINEERING 2725 SUAN1N9P, CORPUS CHMS71 1EXAS 75404 y (361)554 -3101 Fax (36F)834 -600 J DATE: August 90 2010 SCALE: 1 -100' JOB NO.: 2377530,00 SHEET: 1 of 1 DRAWN BY: RLG 02005 by Urban En.ineerin • endenholl Crest— Tho Brook Schane Cresthill Dublin Cork Bray Kevin Mulli.an it Farm ae Glenwa Saratoga Boulevard (State Highway 357) 0 Q.) a) Wow Saturn Bor h n et Drive Crenshaw Apollo Bratton Map to A.ccomyany FIELDNOTES for the re— zoning of o 0.977 acre (42,550.905 square feet) tract of land out of Lot 14, Block 7, Saratoga Weber Plaza, a map of which is recorded in Volume 67, Page 171, Map Records of Nueces County, Texas. URBAN` ENGINEERING CORPUS CHRISTI, TEXAS } NW (357 2725 -3101 FAA': 51, � 360 854-6007 DATE: AUG. 8e 2010 SCALE: NTS JOB NO.: 42280.00.00 SHEET: 2 OF 2 DRAWN BY: RLG 02010 by Urban Engineering MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall August 4, 2010 5 :30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman Arrived at 5:34 p.m, James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Arrived at 5:32 p.m. Mark Adame John Taylor Left at 6 :50 p.m. STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Faryce Goode- Macon, Assistant Director of Development Services/Planning Section Andrew Dimas, City Planner Left at7 :17p.m, Robert Payne, AICP, Senior City Planner Arrived at 5 :36 p.m. Miguel S. Saldafia, AICP, Senior City Planner Deborah Brown, Assistant City Attorney Arrived at 5:40 p.m. Ashley Satterfield, Recording Secretary Janysse Delgadillo Si usted quiere dirigirse a is comision y su inglds es limitado, habra an interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Garza at 5:31 p.m. B. ZONING 1. New Zoning c. Case No. 0810 -03 Fabian Molina Family, Ltd: A change of zoning from the "B -4" General Business District to the "I -2" Light Industrial District resulting in a change of land use from a general business use to a Iight industrial use. The property to be rezoned is Saratoga Weber Plaza, Block 7, Lot 14, located at 3814 Acushnet Drive, approximately 975 feet northwest of the intersection of Acushnet Drive and Weber Road. Andrew Dimas, Development Services, presented New Zoning item "c" Case No. 0810 -03 via PowerPoint, stating the applicant is requesting a change of zoning from the "B -4" General Business District to the "I -2" Light Industrial District. The purpose of the request is to allow the operation of an industrial business park. Staff recommended approval of the change of zoning to the "I -2" Light Industrial District. Public hearing was opened. Joe Garcia, representative of applicant, came forward. Mr. Garcia stated Urban Engineering was hired to generate a metes and bounds for staff. Mr. Garcia stated he was willing to answer questions from the Planning Commission. Public hearing was closed. Motion to approve New Zoning item "c" was made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed unanimously with Commissioner Taylor being absent. -386- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall August 4, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman Arrived at 5 :34p.m. James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Arrived at 5:32 p.m. Mark Adame John Taylor Left at 6 :50 p.m. STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Faryce Goode- Macon, Assistant Director of Development Services/Planning Section Andrew Dimas, City Planner Left at 7:17 p.m Robert Payne, AICP, Senior City Planner Arrived at 5:36 p.m. Miguel S. Saldaila, AICP, Senior City Planner Deborah Brown, Assistant City Attorney Arrived at 5 :40 p.m. Ashley Satterfield, Recording Secretary Janysse Delgadillo Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espafiol a ingles en la junta para ayudarle L CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Garza at 5:31 p.m. B. ZONING 1. New Zoning c. Case No. 0810 -03 Fabian Molina Family, Ltd: A change of zoning from the "B -4" General Business District to the "I -2" Light Industrial District resulting in a change of land use from a general business use to a light industrial use. The property to be rezoned is Saratoga Weber Plaza, Block 7, Lot 14, located at 3814 Acushnet Drive, approximately 975 feet northwest of the intersection of Acushnet Drive and Weber Road. Andrew Dimas, Development Services, presented New Zoning item "c" Case No. 0810 -03 via PowerPoint, stating the applicant is requesting a change of zoning from the "B -4" General Business District to the "I -2" Light Industrial District. The purpose of the request is to allow the operation of an industrial business park. Staff recommended approval of the change of zoning to the "I -2" Light Industrial District. Public hearing was opened. Joe Garcia, representative of applicant, came forward. Mr. Garcia stated Urban Engineering was hired to generate a metes and bounds for staff Mr. Garcia stated he was willing to answer questions from the Planning Commission. Public hearing was closed. Motion to approve New Zoning item "c" was made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed unanimously with Commissioner Taylor being absent. -387- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY FABIAN MOLINA FAMILY LTD, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.977 ACRE OUT OF SARATOGA WEBER PLAZA BLOCK 7, LOT 14, FROM "B -4" GENERAL BUSINESS DISTRICT TO "1 -2" LIGHT INDUSTRIAL 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 Fabian Molina Family, Ltd, 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, August 4, 2010; during a meeting of the Planning Commission, and on Tuesday, September 14, 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 0.977acre out of Saratoga Weber Plaza, Block 7, Lot 14, located at 3814 Acushnet Drive, approximately 975 feet northwest of the intersection of Acushnet Drive and Weber Road, from "B -4" General Business District to "1 -2" Light industrial District. (Zoning Map 047035) (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. 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. H:1LEG- DIRIShared \LEGAL- DEV.SVCS12010 Agenda19 -14- 1010890 -03 Fabian Molina Family Ltd10810 -03 Request B-4 To I -2.Doc -388- Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 8. 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 , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame . City Secretary Mayor, City of Corpus Christi APPROVED: , 2010 41 4 "' 2 eborah Walther Assistant City Atto ey For City Attorney H:1 LEG- DIR1SharedlLEGAL- DEV.SVCS12010 Agendal9- 14-1010810 -03 Fabian Molina Family Ltd10810 -03 Request 8 -4 To I -2.Doc —389— Page 3of3 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:ILEG-DIRlShared \LEGAL- DEV.SVCS\2010 Agenda19- 141010810 -03 Fabian Molina Family Ltd10B10 -03 Request B-4 To I -2.Doc —390— 4 /SP/ SARATOGA WEBER 3 iARATOGA E.8ER PLAZA WEBER PLAZA 400 JS ' CASE: 0810 -03 Exhibit A Applicant's Request & Planning Commission Recommendation From: B -4 To: 1-2 Ordinance: .00A77ON Mai 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 14, 2010 AGENDA ITEM: Motion to agree to the retirement and approve an amendment to employment conditions and salary for City Manager `Angel R. Escobar. BACKGROUND: On December 16, 2008, the City Council approved Employment Conditions and Salary for City Manager 'Angel R. Escobar which were signed and accepted by both parties. The Employment Conditions provided for Mr. Escobar's continued employment with the City and did not specify any particular retirement date. The attached Amendment To Employment Conditions And Salary For City Manager 'Angel R. Escobar has been prepared by City Attorney, Carlos Valdez and the attorney for 'Angel Escobar, John Bell and provides for a definitive retirement date on the following terms: 1. Retirement Date. The parties agree that Mr. Escobar's retirement will be effective as of the close of business at 5:00 p.m. on Tuesday, January 4, 2011. 2. Return of City Property. By the close of business on his retirement date, Mr. Escobar shall return to the City any City property or confidential information he has in his possession and cease using any City telecommunications devices or services. 3. Employment Benefits. Upon his retirement, Mr. Escobar will receive information regarding his rights to health insurance continuation and retirement benefits according to applicable laws, the Texas Municipal Retirement System and existing City policy. 4. Options in Connection with Appointment of New City Manager. In the event that the City appoints a new City Manager prior to the above retirement date, Mr. Escobar agrees to work with the new City Manager in order to assure a smooth transition and perform services as an Assistant City Manager or other administrator of the City. In the event of any delay in the appointment of a new City Manager, the City and Mr. Escobar may mutually agree to a postponement of the retirement date. 5. Future Relationship with City. Mr. Escobar will be available to perform any future engineering or other managerial services for the City on such terms and conditions as mutually agreed by Mr. Escobar and the City. 6. Retirement Payment. Within ten (10) days following the date of Mr. Escobar's retirement, the City will pay him an amount equal to six (6) months of his aggregate salary and benefits, less required payroll deductions. 7. Release of All Claims. Mr. Escobar agrees to waive and release any and all claims that he has or might have against the City related to his employment. 8. Older Worker Protection Act Provisions. Since Mr. Escobar is over the age of 40, the Amendment includes provisions for the required waiting period and rescission of his acceptance as provided by federal law. —395— AMENDMENT TO EMPLOYMENT CONDITIONS AND SALARY FOR CITY MANAGER `ANGEL R. ESCOBAR This Amendment amends those Employment Conditions and Salary for City Manager `Angel R. Escobar adopted by the City of Corpus Christi ( "City ") pertaining to the employment of `Angel R. Escobar ( "Escobar ") effective as of December 16, 2008. WHEREAS, Escobar has indicated a desire to retire from his position as City Manager of the City effective January 4, 2011; and WHEREAS, the City concurs hi the decision that he retire from his position as City Manager on such date; NOW, THEREFORE, the City and Escobar agree to the following additional terms and conditions in modification of the original Employment Conditions described above. 1. Retirement Date. Escobar hereby agrees to resign from his employment with the City as its City Manager effective as of the close of business at 5:00 p.m. on Tuesday, January 4, 2011. Escobar shall continue to serve as City Manager through such date and continue to fulfill all of the conditions of his employment. Upon 5:00 p.m. on Tuesday, January 4, 2011, Escobar's employment shall cease without any further action on his part or on the part of the City Council. 2. Return of City Property. By the close of business on his retirement date, Escobar shall return to the City any City property or confidential information Escobar has in his possession. Escobar shall cease using any City telecommunications devices, services or email accounts effective as of the close of business on such date. 3. Employment Benefits. Upon his retirement, Escobar will receive information regarding his rights to health insurance continuation and retirement benefits. Nothing in this Amendment will impair any of those rights that Escobar may have. 4. Adjustments in Connection with Appointment of New City Manager. (a) In the event that the City appoints a new City Manager prior to the above retirement date, Escobar agrees to work with such City Manager in order to assure a smooth transition. During such transition, Escobar shall relinquish the title of City Manager and perform as an Assistant City Manager or other administrator of the City. During such transition period, the compensation and benefits of Escobar shall remain unchanged through the above retirement date. (b) In the event of any delay in the appointment of a new City Manager, the City may request a postponement of the retirement date provided above. Any such postponement shall be mutually approved by the City Council of the City and Escobar, and the retirement date shall be adjusted with all of the terms and conditions of this Amendment remaining in place and effective as of the new retirement date. 5. Future Relationship with City. Nothing in this Amendment shall prevent Escobar from performing any future engineering or other managerial services for the City on such terms and conditions as agreed by Escobar and the City. Escobar agrees to remain available for such services on such reasonable terms and conditions as may be agreed by the parties. 6. Retirement Payment by the City. In consideration of Escobar's acceptance of the terms and conditions of this Amendment including the release provisions in Section 7 below, within ten (10) days following the date of his retirement the City will pay Escobar, in a lump sum, an amount equal to six (6) months aggregate salary and benefits under Sections 7, 8, 9 and 10 of the Employment Conditions, less required payroll deductions. Escobar shall be paid his normal earned salary through January 4, 2011, and any accrued but unused personal leave pay in accordance with City's normal personnel policies and procedures. 7. Release of Any and All Claims. In consideration of the City's agreements under this Amendment, Escobar waives and releases and promises never to assert any and all claims that Escobar has or might have against the City and its officers, directors, agents, attorneys, employees, representatives, and successors, arising from or related to Escobar's employment with the City through and including the date of his acceptance of this Amendment. The claims Escobar agrees to release include, but are not limited to, all claims arising under any federal, state or local law, whether statutory or common law, such as the Family and Medical Leave Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act, the Americans With Disabilities Act, Chapter 21 of the Texas Labor Code, Chapter 451 of the Texas Labor Code, the Fair Labor Standards Act, the Employee Retirement Income Security Act, Section 1981 of Title 42, United States Code, including any amendments to these statutes, all claims relating to protections for employees, and all claims arising under the law of contract and tort. Upon and effective as of the retirement date, the City may obtain from Escobar confirmation that the above release extends through and including the retirement date. Such confirmation may be required as a condition of release of the retirement payment provided above. In the event such confirmation is not obtained, the terms and conditions of this Amendment shall terminate and shall be of no further force or effect, 8. Older Worker Protection Act Provisions. This section is required by the Older Workers Benefit Protection Act and applies because Escobar is over 40 years of age: Escobar has up to twenty -one (21) days from the date the City approves this Amendment to accept the terms of this Amendment; however, Escobar may accept it at any time within those 21 days. Escobar is advised to consult an attorney about this Amendment. Once this Amendment is executed by Escobar, Escobar will still have an additional seven (7) days in which to revoke his acceptance. To revoke, Escobar must send the City Attorney at the City's principal address of 1201 Leopard Street, Corpus Christi Texas 78401, a written statement of revocation by hand delivery or registered mail, return receipt requested, to be received by the City by the eighth (8th) day after the date of Escobar's acceptance. If Escobar does not revoke, the eighth (8th) day after the date of Escobar's acceptance will be the "effective date" of this Amendment. 9. Understanding of Parties. Escobar acknowledges that Escobar has completely read this Amendment and that prior to accepting it, has had sufficient opportunity to examine it and understand it fully. Escobar further acknowledges that Escobar has agreed to each provision of this Amendment voluntarily and without coercion; that Escobar has had the opportunity to consult with an attorney regarding this Amendment; and that Escobar executes this Amendment with full knowledge and understanding of its terms and effect. Escobar further agrees that Escobar has not been promised any benefits or consideration other than those specifically set out in this Amendment, and that there are no other understandings or Amendments, oral or written, which constitute a part of the Amendment of the parties. 10. Acceptance of Amendment. If Escobar agrees to the above terms and conditions, 2 —397— Escobar must sign this Amendment in the space provided below and return it to the City. For the purposes of Section 8 above, Escobar must indicate the date of his signature in the space provided. Dated: As of the "effective date" defined in Section 8 above. ATTEST: CITY OF CORPUS CHRISTI, TEXAS Armando Chapa, City Secretary Joe Adame, Mayor APPROVE AS TO LEGAL FORM: September , 2010. Carlos Valdez, City Attorney ACCEPTED: `Angel R Escobar, City Manager Date of Acceptance: C:1 DOCt JME- 11ConnieP ILOCALS-11Temp\XPgrpwiselAmdmt to Conditions - 0902- 11- 15.doc 3 -398- 30 How to Successfully Recruit a City Manager In the 21st Century October 2004 by Rod Gould and Glenn Southard Rod Gould is city manager of San Rafael and can be reached at Rod.Gould@ci.san-rafaetca.us. Glenn Southard is city manager of Claremont and can be reached at GSOUTHARD @ci.claremont.ca.us. Both are board members of the California City Management Foundation, which developed this article. Special thanks to Bill Avery, Bob Murray, Norm Roberts and John Shannon, who also contributed to the content. The most important decision any city council will make is the selection of a city manager. It's more important than any budget, general plan or land use decision. Understand the gravity of the decision: The new city manager will have a major effect on your organization and community, one that will endure well beyond your term in office. Today, hiring a city manager requires a large investment, and a mistake can be costly. A successful recruitment can help your city achieve its true potential. Here are some practical suggestions for successfully recruiting a city manager in the 21st century. Intended for elected officials and interim managers, these tips include input from the California City Management Foundation leadership and a number of top professional search consultants. Assess Your Situation and Needs First and foremost, it is essential that the city council meet to evaluate the state of your city and tenure of the previous city manager. Take stock and discuss what worked - and what didn't. Be honest with each other. Next, determine what the council wants from the new city manager. Certainly, there should be a discussion about the experience, knowledge, skills, abilities, personal traits and level of education that are expected. More importantly, be clear about the needs of the organization and the key priorities you wish the new city manager to address. Don't take an "I'll know it when I see it" stance at the start of the recruitment. Assess primary challenges and opportunities for your new city manager. Are they to: • Balance the budget? • Manage growth? • Improve services? • Resolve community disputes? • Redevelop the downtown? or • Resolve internal organizational problems? Similarly, assess your city's needs: Are you looking for: • An ambassador /ombudsman to personify the city in public? • A field marshal to galvanize city employees toward service goals? • A master planner with vision and technical skills to oversee development? • A financial wizard to solve a structural budget crisis and untangle accounting knots? • An economic development /redevelopment guru to replace blight and slums with exciting new retail stores and housing? • An operations manager to reorganize your staff and streamline processes for effectiveness and efficiency? or • A "status quo" manager to keep things moving forward while avoiding controversy and conflict? -401- Most importantly, you need to fairly assess your city's strengths and challenges in attracting top candidates. Ask yourself: • Does your city have a reputation for political stability? • Does your community have a history of dealing fairly with city managers? • What were the tenures of previous city managers? • How strong is your financial base? • What is the state of your organizational health and labor relations? • Is your city a good place to live and raise a family? If your city has been going through a volatile political period, you might consider hiring an interim city manager until things calm down. This may improve your chances of attracting a top candidate later. It's a Tight Market A second major point in searching for your city manager is to understand that it is a very tight market for talent. City managers are part of an aging workforce, which is also reflective of the councils they serve. Several decades of government bashing have demeaned public sector work for many. There is a huge cadre of 55- to 60- year -old managers who are retiring because they can. The next generation has not had as much tenure, and there are few Generation X managers in the pipeline. The pool of candidates is shrinking as fewer assistant city managers wish to move up. Many are choosing to avoid the stress and exposure that comes with filling the role of city manager. So if you are looking for a manager with lots of experience, expect to recruit managers at the tail end of their careers. Younger people are less likely to take the risks of city management. Many won't apply. Recruiters agree that the gap is worse than it looks. We suggest that you make an early decision whether or not to hire your assistant city manager or other internal candidate for the position. Don't waste the time or money on recruiting if you have a viable internal candidate. What's more, many city managers will not apply if there is an internal candidate under consideration. These days, it pays to look at operating department heads as well. It may also be necessary to think outside the box and consider candidates from special districts and regional agencies or consultants. Be clear on what the market demands and what you are willing to offer top candidates. City councils are very concerned that city managers' salaries are rising - along with expectations. You should consider what comparable cities are paying and the next highest -paid position in your own city. Recognize that if you are not willing to offer a competitive salary and benefits package, no recruiter can help you obtain top quality candidates. Employment contracts are now the norm. Decide if you prefer that the new city manager live in your city. Housing assistance is critical in some markets. Spouse relocation is increasingly common. It's imperative that the council decide, up- front, how flexible it is willing to be in the city manager's compensation package. This is of great help to potential candidates. Should You Recruit a Recruiter? Early on, the council should decide whether to use a professional recruiter. There are many benefits of doing so. Recruiters and search consultants have verifiable track records, knowledge of candidates, objectivity and external expertise, and offer a greater comfort level for candidates. Many high - caliber city managers will not respond to advertisements; they must be recruited. One expert asserts that 75 percent of top candidates would not have applied for open city management positions had they not been contacted by recruiters. The recruiter can give candidates an honest appraisal of what's being said between the lines in the brochure. Most make lots of calls to city managers to find out who they think might be a good fit for your city. They will often target city managers who are successful and content in their current cities. These managers, if induced to apply, can make the best candidates of all. A recruiter -led search for a city manager can cost anywhere from $18,000 to $30,000. It may be tempting to ask your human resources department to conduct the search to avoid the expense of hiring an outside search consultant. The danger here is that many human resource departments don't really know what the -402- councils are seeking in candidates and don't have the time or the expertise to do the level of outreach that consultants provide. Therefore, they are less likely to attract the best candidates for your city. Also, candidates may be skeptical of a human resources department's ability to keep their interest in your position confidential. It might also be wise to engage the community, at the outset, in developing a profile of the desirable candidate. Most successful searches also include wide publication and extensive personal outreach. An advertisement, brochure and application materials need to be developed. They should not be puff pieces, full of the same old stuff about your city. Candidates want to know what they are getting into, good and bad. Websites are increasingly important in making the opportunity known to potential candidates. Recruiting Schedule As far as a schedule for the recruitment, shorter is better, especially with firm deadlines. Most are too long and lose candidates along the way. It is best to avoid involving the public in the selection process, which is viewed negatively by top candidates. Remember, it is a two -way process, so respect each other's time. Make every effort to respect the confidentiality of candidates, at least until they are finalists for the position. Decide early on how to manage media relations. "Round robin" interviews - where those reporting to the city manager have the opportunity to interview candidates - are sometimes conducted. In general, it is not smart to involve the stakeholders in the interview process itself. Candidates can't afford the exposure in their current cities, and city managers like to be chosen by the city councils they will serve. if you must do it, first have the city council narrow the field to two to three top candidates; then expose only the finalists to a panel of department directors or community leaders the day after the interviews. Make sure everyone signs confidentiality agreements. Know that this can be a major barrier to inducing quality candidates to apply to your city. The Interviews When it comes time to decide the interview format and questions to be asked, make sure to schedule sufficient time for the interview and select an off -site location that is comfortable and devoid of distractions. City hail is not a good site. Develop thought- provoking and relevant questions, and discuss in advance what might be good answers to the questions. Make sure that all of your interview questions are legal and appropriate, and ask the same questions of each candidate. Assume at least two rounds of interviews. Make sure they see the real city council; this is no time to fake it. It's very common after the first day of interviews to focus very heavily on a particular candidate. Don't fall in love until a full background check has been conducted. This should include talking to previous employers and co- workers - not just those listed by the candidate as references. Furthermore, dates and titles of service and educational credentials should be verified. You may want to have your top candidate sign a release holding your city harmless in order to obtain this information. Today, background checks are much more comprehensive than in the past, thanks to the Internet. Within a short time, it's possible to get civil, criminal and other information on your finalist, as well as what the press has said about the candidate in recent years. At this point, it is appropriate for members of the council to express their individual feelings about the finalist and take a straw vote to determine where the council stands. It's time for everyone to be completely honest about any reservations or concerns before offering the position. In the case of split votes, keep the process going to achieve consensus, if not unanimity. It is very important to incoming city managers to have strong support on their councils. Once you are certain that the candidate is, indeed, who you thought you interviewed, it's time to negotiate a package. The city council should be involved with the recruiter or city attorney. The negotiation needs to be conducted very carefully and constructively. It sets the tone of the relationship. A poor negotiation can lead to a bad outcome. Make it as pleasant and productive as possible. Once the negotiations are complete, you need to make a media announcement and set about introducing the candidate to your community and staff. Think it through. -403- If you're not satisfied with the initial result of your recruitment efforts, recruit again. Consider an interim or acting city manager to hold the fort while you get it right. The stakes are simply too high for your council and community to settle for second best. Making Sure the New Manager Gets a Good Start It is crucial that you immediately begin building a relationship with the new city manager. Set aside plenty of time for the city council and the new hire to get clear on priorities, community issues and how you wish to handle emergencies. Acknowledge disagreements on what constitutes success. Put in place a regular evaluation process for the new manager. All this can be done in the context of a council/manager retreat or council/manager goal - setting process. If you follow these guidelines, your chances of success in finding a top manager for your city are greatly enhanced. You'll have to tailor your recruitment process for your city and its particular needs, but this is no place to cut corners or save nickels. Successfully recruiting and hiring a highly qualified city manager, who is a good fit for your community, can provide lasting benefits to your city. Moreover, hiring the right city manager makes your job as a council member smoother and more satisfying. Give the recruitment the care and thought that it is due. It may be the greatest service you render your city. Reprinted with permission from Western City, the monthly magazine of the League of California Cities. Copyright 2004. All rights reserved. For more information, visit www. westerncity. coat. -404- 1CM/i Leaders at the Core of Better Communities R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 1 Table of Contents Introduction 2 Resources Available 3 Recruitment Process Conducting the Recruitment 5 Scope and Parameters of the Recruitment Process 7 Recruiting Applicants 8 Applications and Relations with Applicants 9 Selection Process Reviewing Applications 12 Determining Finalists 13 interviewing Finalists 14 Post - Interview Activities 16 Finalizing Arrangements Negotiating Compensation 17 Transition Activities 18 Conclusion 20 Resource Groups 20 Suggested interview Questions 22 Suggested interviewing Techniques 23 Summary Checklist and Timetable 23 Suggested Administrator Profile Format for an Administrator Profile 25 Sample Administrator Profile 25 -406- R e c r u i t m e n t G u i d e l i n e s Handbook 2 Introduction The term local government, as used in this report, refers to any local government of general jurisdiction legally constituted under state laws —a town, village, borough, township, city, county, or a legally constituted council of governments. The terms administrator and manager refer to the chief administrative officer of any local government who has been appointed by its governing body. The terms council, conunission, and governing body refer to the elected body governing any local government, including city councils, town councils, boards of trustees, boards of selectmen, boards of supervisors, and boards of directors. The term council used in this document refers to all types of governing bodies. Recruiting and selecting a local government administrator is one of the most important responsibilities of a local governing body. It requires careful planning, astute evaluation of candidates, and a clear understanding of the relationship between the local government and the administrator. To a great extent, a local government administrator serves as a resource to the elected body. Whereas the council provides policy and political leadership for the community, the administrator brings policy problems to the elected body, develops alternatives, helps the elected body as it is making policy choices, and then implements policy and provides the administrative leadership necessary for continued progress and high morale. His or her input makes the difference as to whether or not the objectives and priorities of the governing body —and indirectly the community— are refined, considered, and implemented. How are public officials to proceed, then, when the chief administrative position is vacant? Who governs in the interim period until a successor is selected? How is recruitment actually conducted? What selection process should be used? What should be the criteria for the position? What resources are available to assist in recruitment and selection? These are only some of the questions that will concern elected officials. Members of the council will have to deal with a variety of other issues as well. Potential candidates, for example, will begin. "campaigning" for appointment. They may contact some or all members of the council to express interest and advance their cause. Members of the community, too, will propose their own preferences and viewpoints. And, of course, the press will pose questions, ranging from why the vacancy exists to what the new administrator is going to be paid. All of this activity, pressure, uncertainty, and even confusion can result in premature commitments and impulsive action—neither good for the community nor conducive to recruiting and selecting a top -notch administrator. For the recruitment process to be successful, local government leaders must provide the following: • Strong, consistent political leadership. • A well organized and coordinated recruitment process. • A plan for administering the affairs of the local government while the recruitment process is under way. • A timetable that ensures prompt, comprehensive recruitment and guards against impulsive and premature action. An organized approach and strong, consistent leadership from the local governing body are essential to the recruitment process. Without them, recruitment can damage the image of the local government; divide the local government and the community; weaken the authority of the government; erode the responsibilities associated with the position; and hurt the ability of the local government to attract and retain good candidates for this and other administrative positions. To help councilmembers conduct a successful recruitment and avoid a negative experience, this handbook presents guidelines for recruiting and selecting a local government manager. While no two jurisdictions require precisely the same qualifications and responsibilities from their administrator, the guidelines outlined here provide the basis for determining priorities. These guidelines will enable local government officials to go about recruiting and selecting the best possible administrator for their needs. -407- R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 3 This handbook includes a discussion of the following key issues: resources available to assist in the process; interim management; applications, relations with applicants, and interviews; compensation; and transition. The exhibits present resources and publications available, suggested interview questions, and a summary checklist and timetable. Using these guidelines can make recruiting and selecting a new administrator a positive, enjoyable, and unifying experience for local government officials. Resources Available Elected officials in search of an administrator will find a variety of resources available to assist in the recruitment process. These include: • ICMA, the professional association of appointed administrators serving cities, counties, regional councils, and other local governments. ICMA staff can suggest advertising sources and individuals and agencies who may be available to assist; help pass the word when a vacancy exists by placing a printed advertisement in the ICMA Newsletter or online at ICMA's JobCenter; and provide information on such issues as compensation and how other local governments have handled recruitment ICMA Range Riders also can provide advice and assistance based on their years of experience hi local government. • Other professional organizations. The following organizations can advertise the vacancy, identify potential candidates, and assist in conducting background checks of the applicant. The league of cities and counties in each slate; the National League of Cities; the National Association of Counties; the National Association of County Administrators; the American Society for Public Administration; and related local, regional, state/provincial, and national professional organizations. • Current and former local government officials. Local government officials in adjacent communities or retired local government officials are a good resource for assistance. For example, a neighboring local government official could screen applicants, and a retired official could coordinate the recruitment process or provide interim management assistance. ICMNs Range Rider Program may be a good source for such assistance. • Others having an interest in local government. College or university faculty members, institute of government staff members, local government consultants, and community leaders also may be able to provide leadership and assistance with some part or all of the recruitment process. • Executive recruitment firms. Several nationally recognized firms are available to assist in recruiting key management positions in local governments. They can coordinate the overall recruitment process, or they can assist with such specific aspects of recruitment as identifying potential candidates, conducting background checks, or developing and conducting the selection process. ICMA can provide a list of firms that specialize in public sector recruitment For a copy of the list, contact the job ad coordinator at ICMA, 202/962 -3650. ICNIA Range Riders. Local government professionals serve as Range Riders for ICMA and for their respective state leagues or state associations. Range Riders generally are retired and respected local government managers with long experience in the profession. Available as resources to local government administrators, Range Riders meet periodically with managers to discuss the profession and any concerns managers might have. Discussions range from such topics as council relations, career changes, and staff reorganization to politics and ethical questions. All discussions are confidential. Range Riders are friends, colleagues, and counselors —not consultants. Although not all states have Range Rider programs, other resources may be available through the state league or state association of managers. Interim management. Often the first questions elected officials must face when a vacancy occurs are: • What should we do to ensure that the affairs of the local government are properly administered until a new manager is selected and on board? • How do we get the recruitment process started? • Who is in charge? -408- Recruitment Guidelines Handbook 4 First and foremost, local government officials must avoid acting impulsively and succumbing to the temptation to hurriedly appoint an administrator as a quick fix to the problems of vacancy, recruitment, and selection. Local government officials need an interim period to consider carefully the criteria they are seeking in a new administrator and to recruit and select the best possible successor who meets these criteria. Only by considering how applicants compare and measure against one another and, of course, against the criteria can elected officials be sure that the•candidate they appoint will be backed by the appropriate combination of work experience and management style. Following these steps will enable councilmembers to provide sound interim management while an efficient recruitment process is under way. Appoint an interim administrator. It is important to clarify who will be responsible for directing the local government while the new administrator is being recruited. The council might want to consult with the outgoing administrator regarding possible staff members who could fill this role, or they may agree that they have confidence in a specific staff person. If there is an assistant administrator, for example, who may be considered for the position, the council often will appoint this person as interim manager. This will give them the chance to observe firsthand how he or she handles the job. Or the council might select as interim administrator a department head who is not a candidate for the position but who is mature, seasoned, respected by fellow employees, and competent. In some cases, the local government leaders may not feel there is anyone on staff to whom they can or would want to turn. In this case, it may be possible to retain the services of a recently retired manager or a manager who is between jobs. State associations, municipal leagues, or ICMA Range Riders may be sources for possible interim administrators. Regardless of who is appointed, it should be clear to all local government officials and staff that the interim manager is in charge. It should also be clear that this person does not have an inside track to the new position. If the interim manager is ultimately selected, it is because that person proves to be the best in relation to the other applicants. Act promptly. The recruitment process should begin immediately after the official decision has been made regarding resignation, retirement, or termination. Failure to do so can generate rumors within the community by various interested parties who will exert pressure on members to quickly fill the vacancy. Councilmembers must bear in mind that an impulsive response to this pressure can be divisive for the governing officials and can damage their credibility. What local government officials need to do is promptly develop and announce a specific plan and timetable for the recruitment. They must take into account any circumstances, such as an impending recall, that might cause delays, and they must communicate any changes in the established schedule to all concerned, particularly to the applicants themselves. Occasionally, a council will delay recruitment because an election is pending or a proposal to change the form of government is coming up for a vote. Even so, the initial recruitment steps should be taken immediately in order to reduce the time Iapse between the departure of one manager and arrival of another. If a local government has just voted to adopt the council - manager form of government, the beginning of the search will depend on when the form becomes effective. If council elections were held at the same time and outgoing members are sympathetic to the change, it may be possible to have applications on file by the time new councilmembers are sworn in. In any case, the new council should proceed with the recruitment as soon as possible. Finally, the councilmembers must take charge of the recruitment. They must make clear to alI concerned what processes they will follow to recruit and select the best administrator. Carefully consider the way the vacancy is announced. If the vacancy is the result of retirement or of the administrator moving to a new position, a simple announcement to that effect is sufficient, even desirable. When advertising the position, the local government will be able to claim that there has been great stability in the position; it now is vacant only because of retirement or of a new job opportunity for the former administrator. In this way, -409- R e c r u i t m e n t G u i d e l i n e s Handbook 5 with the vacancy presented as an opportunity that does not come along often, qualified applicants may be drawn to the position. If, on the other hand, the position is vacant because the former administrator was terminated or quit, neither the local government nor the former administrator will benefit from a public quarrel. It is far better for all concerned (even though it may be emotionally difficult) to simply reach a mutual decision and timetable for leaving. From a recruiting standpoint, handling a difficult situation well will enhance the image of the local government. And there is less likelihood that the former administrator will talk negatively of the local government and, thereby, deter potential candidates from applying. Obtain a status report on the local government's activities and projects. Although it is not desirable for the council to immerse itself in the administrative affairs of the local government, it is important that they receive a briefing about current organizational problems and the status of important projects before the current administrator leaves. In this way, they can better monitor progress on important matters, provide direction, and set priorities for the person selected as interim administrator. Defer key actions where possible. Obviously, the local government must continue to operate during the recruitment period. The council and interim management team should do whatever is necessary to make sure that important projects and the delivery of services continue to move toward. However, they should defer key actions where possible until the new administrator is appointed. After all, to ensure effective administrative leadership in the future, it is desirable that the new administrator be involved in as many policy decisions as possible. Just filling a vacant department head position, for example, is an opportunity for the new administrator to begin building an administrative team. In fact, such an opportunity can be used persuasively to pique the interest of potential candidates during the recruitment process. Recruitment Process Just as it is necessary to determine who will provide interim administrative leadership, it also is necessary for the council to determine who will actually conduct the recruitment and to decide on the major steps and scope of the recruitment. A successful recruitment takes time and is complex. At the outset, it is essential that the council spend considerable time determining and reviewing precisely the criteria they are seeking in an administrator. See information on preparing an administrator profile. Although 100 or more applications may be submitted for a position, the number of candidates actually meeting the council's requirements may be limited. It is advisable, therefore, to supplement the advertising process by aggressively identifying and talking with potential candidates. Similarly, to ensure that finalists have the requisite work experience and management style, work - related background checks and a thorough interview process should supplement a review of resumes. Once a selection has been made, the compensation package must be developed and negotiated. It includes such issues as deferred compensation, housing, and a written employment agreement. Thus, to be effective, a recruitment must be well planned and led by someone who is knowledgeable and experienced in this area. Conducting the Recruitment The council has a number of alternatives available for conducting the recruitment. • The local government officials themselves can conduct the recruitment, • The local government can retain an outside party to conduct the recruitment. • The local government can conduct the recruitment in conjunction with an outside party. -410- R e c r u i t m e n t Guidelines Handbook 6 The council can conduct the recruitment itself. Many councils have successfully conducted recruitments for professional administrators. If this alternative is selected, it should be with the understanding that it is a time - consuming and complex task. Councils have the option of delegating responsibility to the chairperson of the elected body, to a committee of the local government officials, or to the council as a whole. Councilmembers must be sure to select someone on their board who is well respected and who has the time to provide the leadership and follow - through that will be necessary every step of the way. If the elected body chooses to conduct the recruitment itself, it should seek the assistance of the jurisdiction's human resources officer. The council can retain an outside party to conduct the recruitment. In some cases local government officials may ask the interim manager or a retired manager to coordinate the recruitment process. More often, however, the local government contracts with a firm that specializes in providing executive search assistance. When using an executive search firm, the council does not give up any of its authority. It continues to define what it is looking for in a new administrator; it picks the final candidates; it does the interviewing; and, of course, it makes the final selection. When a local government uses the services of an executive search firm, it obtains the full -time coordination necessary to conduct an effective recruitment, and it gains the expertise important to each step in the process. Typically the executive search firm begins by meeting with the elected officials both individually and as a group to help them decide what they are looking for in a new administrator. It is the fine's responsibility to facilitate these discussions and to help reach a consensus on such items as desirable work experience, management style, timing and scope of the recruitment, and compensation. After these matters have been reviewed, the firm coordinates the overall recruitment process and assumes responsibility for all tasks until it is time for the elected body to select and interview finalists. The firm acts as a resource throughout the entire recruitment process. Councils using these services should make certain they select a reputable firm familiar with the special requirements of local government administration. The experience of a consulting firm should be checked by letters and phone calls to the local governments that it has served. The council can conduct the recruitment and retain an outside party to assist at certain points in the process. A third alternative is for the local government to assume responsibility for conducting the recruitment and to supplement the process at some point with assistance from an executive search firm or other outside source, perhaps an ICMA Range Rider. In some cases, the council may seek assistance at the outset in thinking through the overall recruitment process and defining what they are looking for in a new administrator. In other cases, the local government officials initiate the process on their own by advertising for the vacancy. They then retain an outside source to help review resumes, conduct background checks, and structure an appropriate interview process. This alternative may be most appropriate where cost is a consideration or where the local government desires to take a more active role in the recruitment. Other participants. Once the council decides who will conduct the recruitment, other parties like staff members, citizens or citizen committees, and the press can become involved at various stages. Local government staff. Staff member roles can vary depending on who conducts the recruitment. If the council is conducting the recruitment, staff will be responsible for working with the elected body to develop an effective and legal recruitment and selection process and then placing advertisements and collecting resumes. They also may assist in scheduling interviews. If an executive search firm is involved, the firm will be responsible for all of these administrative details. In this case, the role of staff is usually limited to providing information about the local government and coordinating with the firm. Citizen committees. The council must make a decision as to whether or not to involve citizens or citizen com- mittees in the recruitment process. In the majority of cases, the local government assumes responsibility for the recruitment and (on its own or with a firm) goes through the process of selecting a new administrator without citizen involvement. In some cases, however, elected officials have involved citizens or citizen committees in defining what the local jurisdiction is looking for, in the review process leading to the determination of finalists, and/or in the selection -411- Recruitment Guidelines Handbook 7 process itself. However, the governing body should not lose control of the final decision - making process and candidates should not receive the impression that they are being hired by a committee rather than by the government itself. After all, once hired, the administrator is accountable to the elected body. Press. Members of the press will obviously have an interest in the recruitment process, and their involvement will be dictated in part by state law and in part by tradition. At the outset, local government officials should brief the press on the timing and steps involved in the overall process. After the deadline has passed for submitting resumes, the elected officials may wish to brief the press on the overall response. Confidentiality of resumes is a major concern in any recruitment and it can significantly affect the number and quality of resumes received. Candidates should be apprised of any applicable state laws in this area, and the council, with advice from the local government's attorney, should determine what will and will not be made public. Scope and Parameters of the Recruitment Process Regardless of who carries out the recruitment, a framework for the recruitment process must be developed. The governing body must agree at the outset on a number of key issues critical to the success of the recruitment: criteria for the position, geographic scope of the search, timing, and compensation. Criteria for the position. What is the council looking for in a new administrator? The council should begin with a survey of its needs and those of the local government. By reaching a general consensus on criteria for the position at the outset, even before the advertising process begins, the elected body will be better able to specify what they are looking for in a local government manager, and the council will have a specific basis for reviewing resumes, selecting finalists, and making a hiring decision. Items to be considered include local government size, its nature, the services it provides, and overall objectives and priorities. The work experience, skills, and expertise of the candidates must relate to these criteria. These types of situations should receive special consideration as the council decides on criteria. I. A local government that has just changed its form of government will ordinarily need a manager who can inspire local government officials with the enthusiasm needed to implement the new system. A first manager in a new system should be adept at public relations and in establishing relationships with incumbent officials and employees. 2. When a manager has been dismissed or has resigned under pressure, the council tends to look for strengths in areas in which the outgoing manager showed weaknesses. There are dangers, however, in overcompensating for qualities that have led to dissatisfaction. These dangers cannot be overemphasized. If the outgoing manager gave too much freedom to subordinates, for example, suddenly changing to a strong disciplinarian might result in antagonisms that would only lead to further problems. Sometimes a new manager will be confronted with major problems that must be dealt with immediately. If such a situation is anticipated, the council should inform any applicant who is being seriously considered. 3. When a popular manager retires or moves to a larger city, the council often asks this person's assistance in the search for a successor. Yet the council should not overlook the possible need for new strengths or different qualities. The assistance of lay citizens or of an outside consultant might be desirable at this stage. Although establishing criteria for the position can be an agonizing and difficult process, it does not have to be. In fact, with good leadership it can be a unifying and educational process for all concerned. (For more detail, see the section on the selection process.) Geographic scope of the recruitment. Once a vacancy is advertised, resumes will usually be received from individuals in different parts of the country. At times, a particular executive search firm will specialize in attracting candidates from a certain region. It is assumed that the local government is looking for the best candidate and that all resumes received will be reviewed carefully. For purposes of an aggressive search for candidates, however, some local governments will choose to focus on their state or region, thinking that these candidates may have a better understanding of and orientation to local problems, legal issues, financing alternatives, and similar matters. On the other hand, as local governments grow, they -412- Recruitment Guldellne.s Handbook 8 increasingly prefer an aggressive nationwide search for individuals who have demonstrated an ability to manage in a complex urban environment and who might bring a fresh perspective. Timing. The timing of the recruitment can sometimes be affected by publication deadlines, which are important in terms of properly advertising the vacant position. An ideal timetable would provide at least 60 days from the start of the recruitment to the deadline for submitting resumes; 30 days to review resumes, conduct background checks, interview candidates, and make a selection; and at least 30 days for the new administrator to relocate. Because top candidates often view submitting a resume as a major career decision, it is important that they have adequate time to consider the opportunity, discuss it with their families, and prepare an appropriate resume. Similarly, the council or the executive recruitment firm needs sufficient time to review resumes and conduct background checks to ensure that good candidates are not overlooked and that finalists meet the desired qualifications of the governing body. Again, it cannot be overemphasized that the recruitment should move forward expeditiously while at the same time allow adequate time for a thorough and comprehensive process. Compensation. A final item to be considered at the outset of the recruitment is compensation. It is important for the local government to have some general understanding of the acceptable salary range, but it also is important that it leave itself some flexibility in this area. The posture of public officials in most successful recruitments has been to leave salary open, commensurate with background and experience. This does nothing to discourage interested applicants from applying, yet it does not commit the local government to anything. This approach basically says that the Iocality wants the best administrator it can find, and that it does not expect anyone to come to work for less than what he or she is currently earning. From a practical standpoint, every local government has compensation limits, and this can be taken into account by reviewing the current salary of applicants at the time finalists are selected. By leaving salary open at the outset, a locality has helped to ensure that it will have a maximum number of applicants to consider and it has left itself the flexibility to pay a higher salary that is what it takes to hire the first- choice candidate. ICMA encourages local governments to establish a salary or salary range and to provide applicants with that information at the time the position is advertised. It does recognize, however, that this information cannot always be provided at the time of recruitment. Recruiting Applicants Generating a sufficient pool of qualified applicants is a key part of the recruitment. It involves advertising for and soliciting candidates to be sure that qualified candidates are not overlooked. (Specifics of the applications process are discussed in the following section.) Advertising. It is in the interest of the local government to be sure that everyone who might have an interest in the vacant position is aware that the recruitment process is under way. Thus the advertisement itself should be carefully worded and the advertising program should be comprehensive. To be comprehensive, however, an advertising campaign does not have to be extensive or expensive. Most local governments, for example, avoid advertising in general circulation newspapers for an administrator unless there is a local requirement to the contrary. This is an expensive form of advertising that produces few results. More effective sources can be found with organizations directly related to local government. In addition to ICMA, this includes the National League of Cities, the National Association of Counties, the National Forum for Black Public Administrators, and the American Society for Public Administration. Resources at the state level include state municipal leagues and county associations. Local governments have some flexibility when preparing and placing advertisements but at a minimum, the advertisement should include these items: • Name of the local government. • Title of the vacant position. -413- Recruitment Guidelines Handbook 9 • Population of the local government. • Amounts of the operating and capital budgets. • Number of full -time employees. • Services provided. • Statement that salary is open and commensurate with background and experience. • Filing deadline, including any special items of information desired like current salary and work - related references. • Brief description of key areas of interest and desirable experience and qualifications. • Where and to whom to send resumes. • Web site of the local government. Some publications permit the use of display ads that call for an innovative format incorporating the local government logo and/or graphics. For a modest extra cost, these ads offer the local government an additional opportunity to impress potential candidates. Solicitation of candidates. While advertising can generate outstanding applicants, and local governments should look closely at all resumes that are received, local governments should supplement the advertising process by identifying outstanding potential candidates and inviting them to apply. Useful sources of information about potential candidates include members of the local government, the current administrator, former and retired administrators, local government officials in adjacent communities, executive directors of state leagues, directors of university public administration programs, and ICMA Range Riders. When soliciting candidates, once a list of names has been compiled—and the emphasis should be on quality rather than quantity —the council should send a letter of invitation advising the individual of the opening and requesting that a resume be sent if there is an interest in the position. The Ietter, which should be personally typed, should enclose a basic package of information describing the local government (see the section on applications) and the vacant position. Once the letter has been mailed, a follow -up telephone call should be made to confirm that the letter was received, assure the recipient that it was not a form letter, indicate why the position is a good career opportunity, and answer questions. The same deadline for submitting resumes should be used in both the advertisements and the supplemental letters of invitation. For the purposes of confidentiality, all correspondence should be sent to the applicant's private residence. In -house candidates. The local government should be sure to inform local government employees of the vacancy and how and when to apply. It may be that the local government will even want to invite one or more employees to submit a resume. Whether in -house candidates are solicited or apply on their own, it is important that they be treated in the same manner as other applicants. It should be made clear that if an in -house candidate is ultimately selected as administrator, it is only because the council felt that the candidate was the best choice in comparison with the other applicants. While most applicants will receive written notification of their status, the council may wish to talk personally with in -house applicants who were not selected to ensure good communication with staff, maintain morale, and help ensure an orderly and positive transition. Applications and Relations with Applicants The applications process is the point where effective screening of applicants begins. For this part of the recruitment to be successful, the council must proceed carefully and with considerable thought. This section deals with such issues as whether or not to use a standardized application form, providing potential candidates with key information about the position and the local government, and the importance of establishing and maintaining good relations with -414- R e c r u i t m e n t G u i d e l i n e s H a n d b o o k is applicants. If high - quality candidates are to be encouraged to pursue the vacancy, then the local government needs to present a portrait of itself as a well -run, organized, and efficient organization. Application form. Most local governments prefer to ask applicants to submit a resume in whatever format they believe will be most effective, rather than a standardized application form. From the standpoint of the applicant, this approach provides flexibility to present past work experience in a way that is directly related to the position in question. At the same time, it permits the local government to see how the applicant organizes and presents material in a written format. The manner in which materials are prepared can be an indication of real interest in the position. If an application form is used, it should be easy to complete, and the information requested should be related to the vacant position. Relations with Applicants —Do's and Don'ts Do: Keep all candidates informed of their status at all times. Select a short list of the most promising candidates. Carefully check references on those candidates judged best qualified. Call these candidates for interviews at your local government's expense. Visit, if possible, the localities in which the most promising candidates work. Send the candidates under consideration copies of your government's budget, charter, annual report, and other pertinent documents. Pay expenses of candidates called for a second interview (and of their spouses /partners). Be prepared to enter into a formal written employment agreement with the successful candidate. Promptly notify all other candidates once the selection has been made. Keep all information strictly confidential throughout the entire recruitment and selection process, unless state law requires otherwise. Don't: Don't limit your recruitment and investigation to "home towners" or to a single candidate. Don't' let the selection process last too long. Don't expect to get all necessary information about candidates from written material. Don't forget that you are seeking overall management ability, not technical competence in one specialized field. Don't release for publication any names or local governments of candidates, unless state law requires it. Don't overlook in candidates the need for municipal administrative experience and the advantages of value of college or university training, post-degree training, and continued professional development. Providing information. Serious applicants will not submit a resume for consideration until they have done their homework and satisfied themselves that the vacant position does represent a good career opportunity. Often they will seek information from local government officials about the local government and the position. This is one of the first places where a potential applicant will form an impression of the local government. If the impression created is that the recruitment is disorganized, that members of the local government are not sure what -415- R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 11 they are looking for or are saying different things, and that sufficient information about the locality is not easily obtained, potential applicants may simply lose interest and not apply. On the other hand, if their impression is that the local government has spent time considering the position; that the recruitment is well organized; and that information is readily available, positive, complete, and effectively packaged, this can tilt the scales in favor of submitting a resume. Here are the items that a basic information packet should include: I. A copy of the criteria for the position indicating key objectives and priorities as to what the local government is looking for. 2. Ordinance or charter requirements if they contain significant or unusual provisions regarding the position. 3. Summary information about the local government, including organization structure, personnel practices, number of employees, services provided, and budget data. 4. A timetable indicating the principal steps and time frame for the overall recruitment. 5. Information on the local government in the form of a chamber of commerce brochure or similar publication, if such is attractively prepared and available. 6. Web sites that contain information on the local government. Acknowledging applications /status report. All too often, recruiters overlook the simple and courteous step in the recruitment process of acknowledging resumes as they are received and notifying applicants of their status as the recruitment proceeds. Prompt acknowledgment of resumes is one indication that the process is being handled in a businesslike way, and it can further impress the applicant positively. Similarly, notifying all applicants as to their status, even if they are not selected as fmalists, is a basic courtesy that will affect how the candidate views the local government. The initial acknowledgment also should inform the applicant of the recruitment timetable. Unless there are unusual or unanticipated delays, this notice should be sufficient until applicants are actually notified as to their final status. To maintain confidentiality, all correspondence should be directed to the applicant's home, not business address. Confidentiality. Confidentiality is an important consideration in any recruitment. Applicants are concerned about the potential damage to their present job security and long -term career opportunities if premature disclosure of their interest in another position is made public. While applicants realize that the local government will want to contact their present employer to conduct background checks and assess the job they have done, they typically prefer to wait until it is clear that they are going to be considered as finalists for the position. The elected body should determine, at the outset, the extent to which the recruitment process will be confidential. This should be decided with advice from the local government's attorney because open record and disclosure statutes vary from state to state. If disclosure of applicants' names is likely to occur at any point, potential applicants should be advised so that they may take this into account in deciding whether or not to pursue the vacancy. From a recruiting standpoint, assurance of confidentiality wiII result in more applications being submitted, particularly from those who are presently employed elsewhere. Because of the importance of confidentiality to both parties, such assurances should be honored and contacts with present employers should be coordinated with the applicants in order to provide the applicants with adequate time to first notify their current employer. There is no faster way to damage the image of the local government and to lose good applicants than to violate the trust or assurance that was given regarding confidentiality. -416- R e c r u i t m e n t G u i d e l i n e s H a n d b o o k Selection Process 12 Once the deadline for submitting resumes has passed and all applications have been received, the selection process begins. Principal steps include reviewing applications, determining finalists, interviewing finalists, conducting such post - interview activities as second interviews, and making the final selection. Reviewing Applications The selection process begins with a review of all resumes that have been submitted. The advertised deadline for submitting resumes usually is viewed as a planning deadline; therefore, all resumes are considered even if they arrive after the deadline. Because it is not unusual for a local government to receive in excess of 100 resumes for a vacant position, guidelines must be in place for the review to be efficient and thorough. One approach is to give each member of the council a fixed period of time to review all resumes and to recommend those applicants who should receive further consideration. One councilmember will then group the common choices together and resolve whether those who were not picked by the majority of the reviewers will receive further consideration. Another approach is to ask a committee of the council to assume responsibility for the application review process and to recommend a group of fmalists to the council as a whole. Sometimes the local government calls on managers in the area or ICMA Range Riders in the state to assist in the narrowing -down process. Applicants should be advised if this last procedure is used, the confidentiality of resumes should be maintained. In other cases, a search firm or the locality's human resources officer can make a first cut to reduce the applicant pool. Here are steps that are particularly important in the resume review process: 1. All resumes should be acknowledged. Ideally, resumes will be acknowledged as soon as they are received. The acknowledgment should incorporate a broad timetable that provides the council with adequate review time before finalists are selected. 2. The process should move forward as promptly as possible. If the review process takes too long, it alerts the candidate to a possible lack of leadership and indicates that the process is not well organized. Such signals can cause well- qualified applicants to have second thoughts and to change their minds. 3. The confidentiality of resumes should be maintained and should be consistent with applicable state law and the advice of the local government's attorney. Contact with others as part of the review process is important and even expected but it should be coordinated with the applicant. The local government must avoid jeopardizing an applicant's current position. Thorough background checks and references are usually conducted after the council has narrowed down the group of applicants and after the candidate has been informed that references and others will be called. 4. Resumes should be evaluated against the criteria for the position that were developed at the outset of the recruiting process. Here are criteria to look for in the review process: • Has the applicant had experience working in a local government of comparable size? • Has the applicant had experience with the variety of services delivered by the local government? Has the experience been comparable in terms of budget size and number of employees? • Has the applicant worked in a similar geographic area? Is the applicant likely to be comfortable in a rural or urban setting and familiar with the usual problems faced by the local government? • What specific responsibilities has the applicant had, and what has the applicant accomplished? How does this compare with the objectives and priorities of the local government? • Has the applicant had broad administrative and supervisory authority, or has the experience of the applicant been limited to research or administering activities in specialized areas? • Has the applicant worked directly with the local government in the past? Does the applicant have experience working with citizen and other groups? -417- R e c r u i t m e n t G u i d e l i n e s H a n d b o o k • What is the employment history of the applicant? Does it suggest a pattern of broad experience and increasing responsibility? Does the applicant have good tenure with each employer, or is there a pattern of frequent movement from one position to another? 13 Whereas a short tenure in the previous position may or may not be significant, a series of short terms should be a warning that more thorough inquiry is needed. By the same token, 10 years of experience is not necessarily preferable to five, or five to three. In fact, a person with a long tenure in one position may find it difficult to adjust to another. Similarly, age also does not necessarily correlate with maturity of judgment or adaptability. • Is the applicant concerned with continuing professional development and participating in training programs and professional organizations? • What is the current salary of the applicant? Does it fit within the parameters of the local agency? • How have the resume and letter of transmittal been prepared? Do they suggest a real interest in the position? What does the resume itself tell about the person? Determining Finalists When the resume review process has been completed, it should be possible to narrow the total group of applicants to a smaller group of perhaps 15 to 25. This group will be subject to more thorough background checks and ulti- mately narrowed to an even smaller number of applicants. The latter group will be designated as finalists and invited for interviews. These considerations are important when determining finalists: 1. The council should resist the temptation to select finalists before background checks have been completed. One of the resume reviewers may suggest, for example, that based on the resume alone, the council should select finalists and move right ahead to the interviews. However, while resumes are helpful as an initial screening device, they also can be misleading. They reveal nothing about the management style, personality, or interpersonal skills of the individual in terms of his or her ability to work effectively with people. They also can create an exaggerated impression of actual work experience, responsibilities, and accomplishments. It is neither practical nor necessary to conduct background checks on all applicants, but an important interim step is to conduct background checks on a smaller group as a prelude to and basis for selecting finalists. 2. Be sure the background checks are work related. The purpose of the background checks is to provide a solid reading of the candidate's ability to handle the job and to work with people. Consequently, background checks should be conducted primarily with people who know local government, understand the job of a local government manager, and have a firsthand knowledge of the performance of the applicant in this area. Such work - related background checks would normally be based on conversations with current and former members of the local government, including the mayor and councilmembers; staff members with whom the applicant has worked closely and/or supervised; and others who have worked closely with the applicant, including the chamber of commerce director and the superintendent of schools. Background checks also can be conducted with state /provincial association officers, institutes of government staff members, and state league directors. As indicated previously, confidentiality is extremely important, and the local government should be sure to coordinate with the applicant in terms of any background checks that are undertaken. 3. When conducting background checks, these guidelines are important for ensuring consistency and thoroughness: • Have one person perform all the background checks. This can be difficult for one person to handle, however, especially if three background checks are desired. Also, it can be helpful if two or more people compare notes on the same candidates. • Address similar issues and questions to each applicant to provide a good basis for comparison. —418— R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 14 • Talk with enough people to get a consistent reading as to the strengths and weaknesses of the individual. If a person can say only good things about the applicant, ask him or her directly what weaknesses the applicant has. • Use the background checks to learn about the applicants ability to work effectively with people, to develop a more complete understanding of the applicants work experience and specific accomplishments, and to see if the applicant's qualifications match the criteria for the position. • Include verification of educational credentials in the background check process. There is another possible step to use to narrow down the list of finalists. The candidates can be asked to respond in writing to a limited number of questions that members of the governing body agree on. These might include asking how the person would handle a particular situation or asking if he or she has had experience dealing with specific situations. 4. The group of finalists should be large enough to expose the council to an array of personalities. In most cases, a minimum of five candidates should be interviewed as fmalists. The local government also may wish to establish a backup group in case some of the finalists decide not to pursue the position any further. Interviewing Finalists Once finalists have been selected, the interviewing process begins, and the local government can proceed with these steps: 1. Confirm with each candidate that he or she has been selected as a finalist. Each finalist should be congratulated and made to feel that the council is pleased to have reviewed his or her resume. At the same time, the continuing interest of the individual in the position should be confirmed. 2. Advise each finalist of the nature of the interview process, including date and time. Confirm for the finalist now many others will be interviewed, whether there are any in -house candidates, and when you expect to make a decision. Indicate that all such information will be confirmed in a follow -up letter. 3. Assure the applicant that confidentiality will be maintained, unless state Law or the advice of the local government's attorney dictates otherwise. The applicant should be advised if the names of finalists are to be made public and given the opportunity to withdraw. 4. Indicate that a more complete package of information about the local government will be mailed directly to the applicant's home in advance of the interview. Here is information that might be included: • Current budget and financial report. • Recent bond prospectus. • Organization chart. • Personnel rules and regulations. • List councilmembers and their occupations. • Copies of council minutes for the past several months. • General plan and land use map. • Statement of local government goals, objectives, and priorities. • Any other material that would be of particular relevance, given the goals and objectives of the local government and the criteria for the position. -419- R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 15 5. Confirm local government policy on reimbursement of expenses incurred in conjunction with interview. Most local governments reimburse candidates for all out -of- pocket expenses, including reasonable transportation, room, and board. ( "Reasonable" is intended to eliminate first -class airline tickets, four -star hotels, and gourmet restaurants.) Such reimbursement of expenses is another way the local government can demonstrate its interest in the candidate. It reinforces the positive nature of the recruitment process and makes the difference in some cases as to whether the finalist is able to attend at aII. In cases where there is strong reluctance on the part of the council to reimburse all expenses, the local government can share expenses with the candidate or can agree to reimburse all expenses incurred after the first trip. The local government staff can offer to handle all reservations, transportation, and related matters but this can be cumbersome and time consuming. In most cases, the local government confirms the time and place and lets the finalist make his or her own arrangements. Finalists usually prefer this approach as well. The interview itself can take a variety of forms. (See section with suggested interview questions.) Two techniques commonly considered are the traditional interview and the assessment center evaluation and interview. Council interview. Typically, the elected body as a whole meets individually with each finalist. Most local governments use this approach. During the interview they question the applicant about a variety of matters like overall work experience, specific accomplishments, career objectives, alternative approaches to practical problems faced by the local government, and similar matters. The interview gives the candidate an opportunity to evaluate the elected body as a group and to ask questions. An important issue to discuss during the interview is the council's working relationship with the manager, clarifying all roles and responsibilities. Organizing this type of interview is relatively easy and does not require a large commitment of time on the part of the local government and candidate. It can create a comfortable setting that contributes to an open and relaxed discussion. Because this initial interview may be limited to an hour, a second interview with one or more of the finalists may be desirable. Assessment center evaluation and interview. The assessment center technique involves role playing and other exercises with the candidates as a group, in addition to the traditional interview. It is most frequently used in the recruitment of public safety and other management - appointed positions (and has been used only occasionally by local governments recruiting administrators), but if well planned and organized, it can be used effectively in recruiting a local government administrator. The major advantage in an assessment center interview is that the employer is able to see how one candidate relates to others in a group situation. Because it tends to pit one candidate against another in a group situation, however, it is important that the candidates be properly briefed to minimize any concerns regarding the process. In addition, this technique can work only if all councilmembers are committed to taking the time necessary for role playing and if they feel comfortable participating in an "acting" situation. Regardless of which technique is used, these guidelines are important: I. The interview process should be well organized and the setting comfortable. All members of the local government should participate but one discussion leader should be designated. The interview process not only provides the council with an opportunity to improve its knowledge of finalists, but it also influences the candidate's interest in the position. Because the process should help cement the interest of the candidate in the position, local government officials may wish to arrange additional events like a dinner or a tour of the local government. 2. The council may choose to supplement the usual discussion between councilmembers and finalists by inviting staff or community leaders to participate. For example, finalists may meet with department heads or other staff to review departmental operations in more detail or to receive a tour of the local government. Or, finalists may meet with selected community leaders to receive their input on matters they consider important to the local government. If this option is taken, it should be made clear to all involved that these meetings are designed to provide the -420- R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 16 candidate with additional information on the local government and will not be involved in the actual selection of the administrator. Obviously, the councilmembers should carefully select the individuals with whom the finalists will meet. Again, the importance of maintaining confidentiality cannot be overemphasized. 3. If the spouse /partner of the candidate is invited to accompany him or her, it is important that this part of the process be as well organized as all matters concerning the candidate directly. Here, too, an important impression about local government image is being made. The interests of the spouse /partner should be carefully determined and accommodated. This could include a tour of the local government, an opportunity to talk with realtors and visit homes, and a briefing on schools in the area and local employment opportunities. Spouses /partners should never be included in a formal interview process, nor made to feel as if they are being interrogated in any way. 4. During both the formal and informal meetings between the council and the finalist, discussions and questions should focus on the criteria for the position that were established at the outset of the recruiting process. Obviously, discussions should stay within acceptable legal parameters and should not touch on politics, religion, and sexual preferences. 5. Do not spend time during the initial interview talking about compensation, except to ask what the expectations of the finalist are in this area. If the council is aware of general expectations, they can take this into account in making a final selection and in subsequent negotiations on total compensation. To discuss this subject in any detail during the initial interview detracts from the time needed to consider more substantive questions and can result in a defensive or argumentative atmosphere with a candidate before it is even clear that the position will be offered. 6. The personal interview should occupy at least an hour. It is difficult to pursue a range of questions in less time, and it will be offensive to the candidate who may have traveled some distance for the interview. 7. A fmal guideline, regardless of which interview technique is used, is that the council should continue to avoid impulsive action and should take whatever time is necessary to arrive at a comfortable and well- reasoned decision. However, again, the interview process and related follow -up activities should move forward as promptly as possible so as not to lose momentum or encourage serious applicants to have second thoughts. Of course, once a final decision has been made, all of the other applicants should be notified of their status. Post - Interview Activities When the interview process is over, either one person has emerged as the clear choice of the council, or the pool of candidates has been narrowed down to several whom local officials would like to pursue further. If there is one person who is the clear first choice, the council can simply notify the candidate, confirm his or her willingness to accept the position, and then move right ahead to finalize a total compensation package and discuss other related arrangements (see section on finalizing arrangements). A second interview at the council's option can provide the opportunity to discuss the position and the applicant's qualifications in more detail. If, on the other hand, there are still two or three applicants to whom the council would like to give further consideration, several options exist. The council may wish to invite the candidate, and possibly the spouse /partner, back for a second interview. A longer interview, coupled perhaps with some sort of function such as a dinner, can often provide the insight needed to make a final decision. Conducting more extensive background checks with individuals in the candidate's current community or making an on -site visit to the candidate's current community are other options. Either of these latter two activities can be helpful in reaching a final decision, but it is essential that they be conducted with the full advance knowledge of the candidate. It also is advisable to conduct a discreet credit and police check. Until all arrangements have been finalized with the first- choice candidate, the council may wish to hold off notifying the other finalists, if the council is unable to satisfactorily conclude negotiations with their first choice, they may need to engage in discussions with one or more of the other finalists. Again, from an image standpoint, it is important that all applicants learn first about selection from the local government as opposed to hearing about it from another person or reading it in a newsletter, professional publication, or the press. -421- R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 17 Finalizing Arrangements Once the local government has made its decision and the candidate has indicated a willingness to serve as a Iocal government administrator, there are a number of final arrangements to be completed. They include negotiating a compensation package and completing transition activities. Only then can the new administrator relocate and begin work. Negotiating Compensation Because negotiating a total compensation package can be a long and frustrating process, the council needs to ensure that relations with the new administrator get off to a good start. Nothing should happen that causes the new administrator to reconsider. • First, the atmosphere should be friendly and relaxed. • Second, the approach of the negotiator should be flexible; negotiating implies a willingness to consider options and alternatives in pursuit of an acceptable package. There may well be more than one way to meet the financial objectives of the new administrator. • Third, the council should be realistic. No matter how beautiful and desirable the community or position may be, no one (except in highly unusual circumstances) will accept the new position without an increase in pay over his or her present salary. In compensation negotiations, base salary is the place to start. The councilmember conducting the negotiation should keep these questions in mind. 1. Ultimately, what salary will be acceptable to the council? 2. What is the bargaining range? 3. What is the current salary of the applicant? 4. During the interview, what type of salary and total compensation package did the candidate discuss? ICMA, the National Association of Counties, and state leagues of cities and counties are sources of information on the salaries of administrators in local governments around the country. Elements of a total compensation package typically include: • Base salary. • Deferred compensation. • Severance pay. • Use of government car or car allowance. • Retirement plan. • Medical and other insurance (dental, optical, life, disability). • Vacation. • Holidays. • Sick leave. • Membership dues and conference attendance fees. -422- R e c r u i t m e n t G u i d e l i n e s Nan d b o o k 18 Before the negotiation begins, the council should ask the candidate to provide a written itemization of current total compensation, along with a copy of a current employment agreement, if one exists. After receiving this information, council should outline a proposed package. Usually there will be no negotiation on some benefits that are similar from one local government to another, such as medical insurance or holidays. Variables most often relate to cash compensation, take -home pay, and particular financial objectives like deferred compensation. The proposed compensation package should (1) leave the individual whole on basic benefits; (2) provide an appropriate step forward in cash - related benefits; (3) ensure an increase in take -home pay, and (4) deal with any particular financial objectives that the new administrator may have. During the negotiations, some issues will arise that do not relate to the total compensation package but may well have significant financial implications for both the local government and the applicant. Both parties need to be flexible and realistic in dealing with these issues: Moving expenses. It is common for local governments to pay the one -time cost of moving the administrator and his or her family and household furnishings to the new local government. Sometimes both parties agree on a "not-to- exceed" figure based on estimates from moving companies. Temporary housing. An allowance for temporary housing is usually provided until the new administrator is able to sell his or her former home and/or relocate the family. Typically, this amount is sufficient to cover the cost of a modem furnished apartment or condominium. Again, both parties may agree to a fixed time period or amount. Commuting expenses. As with temporary housing, the local government often will agree to reimburse the administrator for periodic family visits or for the spouse /partner to visit for house - hunting purposes. Housing assistance. Regional variations in the cost of housing or housing financing can complicate the negotiations. There now is considerable precedent for local governments—using appropriate safeguards and limits —to assist in the purchase and/or financing of housing for the new administrator. A variety of options exist, including a loan, a salary supplement, or a shared equity purchase. Finally, the council should be prepared for the possibility that they will be unable to reach agreement on compensation or other matters with the first - choice candidate. In these instances, the local government typically enters into negotiations with its second- choice candidate. As indicated previously, once an agreement has been finalized, all other applicants should be promptly notified that they were not selected. Once salary, benefits, and other finance- related issues have been worked out, it is time to move to a few remaining and important transition activities. Transition Activities After the local government and new administrator have reached agreement on such issues as compensation, starting date, and method and timing of announcing the selection in the administrator's new and old local government, transition activities begin. Employment agreement. Written employment agreements are increasingly used to avoid any misunderstanding on the part of either party. It is in the interests of both the community and the manager to have a written summary of the terms and conditions of employment to which both parties have agreed. The stable working situation created by an agreement helps attract and keep top -flight managers in a generally mobile profession. Spelling out the salary, benefits, and other conditions of the manager's job puts those items where they belong —on a piece of paper where both parties can know what is expected and removes them from the daily agenda of managers and elected officials. While such an agreement usually does not refer to a specific term of employment, permitting either the local government or the administrator to terminate for cause or at will, it should include a section providing the administrator with severance pay for a fixed period of time if he or she is terminated by the local government. This -423- R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 19 provides important personal and professional security for managers who have the rather unique situation of working at the pleasure of the governing body with the possibility of being dismissed for any reason at any time. While not a lengthy legal document, the employment agreement usually is drafted by the local government's attorney. The new administrator often is given an opportunity to prepare a first draft for consideration. ICMA recommends the use of employment agreements. If an employment agreement is not used, at a minimum a formal letter of understanding should be prepared. General assistance. For a smooth transition, the local government should offer whatever general assistance the new administrator might need in moving. Such assistance might include introductions to realtors and bankers, support to the spouse /partner in finding suitable employment, and similar activities. Orientation meetings. The local government should arrange to introduce the new administrator to department heads and local government staff. While the new administrator may have met some of these people during the interview process, a special meeting or reception can be a pleasant way to turn over responsibility. Similar meetings, briefing sessions, and/or receptions can be arranged to introduce the new administrator and his or her family to community groups, civic leaders, and citizens in general. Local government work session, orientation, and review of objectives. It is desirable to have an initial work session with the new administrator to discuss and clarify initial expectations on both sides and to review goals and objectives. Even though some of these issues may have been raised during the interview process, communication from the outset can help ensure a smooth working relationship. Performance evaluation. Using the position's goals and objectives as a starting point, the local government and new administrator should agree to an annual or semi - annual review of the performance of the administrator. This established and formal process helps to ensure that communication between the parties is maintained, that progress is monitored, and that goals and objectives are reviewed and refined on a regular basis. Employment Agreements Here are some elements of an agreement that a council might consider: Preliminaries Duties Terms of the agreement Termination notice Removal and severance pay Salary Hours of work Automobile Moving expenses Home sale and purchase Dues and subscriptions Professional development Conferences General expenses Civic club memberships Vacation leave Military reserve leave Sick leave Disability insurance Health insurance Life insurance Deferred compensation and retirement programs -424- R e c r u i t m e n t G u i d e l i n e s H a n d b o o k Other fringe benefits General provisions Contract execution provisions Conclusion 20 Recruitment and selection of a local government administrator is a comprehensive and complex process. As difficult as this process is, it has great potential to be a valuable and rewarding experience. Not only does it force local government officials to think about their objectives and priorities, but it gives them a rare opportunity to work together in a way seldom experienced when considering agenda items at a council meeting. If recruitment of a local government administrator is conducted according to the guidelines outlined in this document, the chances of developing a positive and beneficial long -term relationship among the council, the administrator, and the community are greatly enhanced. The process can and will work if it is well organized and planned. (See summary checklist and timetable.) This list reiterates some of the main steps that the local government must take for the recruitment to proceed smoothly, satisfactorily, and successfully. • Be sure the recruiting process is well organized and coordinated from the outset. • Maintain control of the process and the hiring decision; don't act impulsively but do move rapidly toward a selection once applications are in. • Be sure to involve in the recruitment only those who have demonstrated competent leadership skills or are knowledgeable about the process. • Remember that recruiting an administrator is a two-way street and that the local government has a responsibility to present the position attractively, to describe the operation of the local government, to show interest in the applicants, and to be competitive. • Assure all applicants that confidentiality will be maintained. • Know what you are looking for when recruiting to fill a vacant position; survey the needs of the local government. • Advertise for the position by defining clearly what you are looking for. • Identify and invite outstanding potential candidates to apply. • Acknowledge all applications and notify applicants of the status and timing of the recruitment. • Carefully review all resumes and applications against position requirements and criteria. • Evaluate the backgrounds of leading applicants and check work-related references as a basis for selecting finalists. • Use the traditional interview, assessment center evaluation, or some similar technique as a basis for making a hiring decision. • Negotiate a total compensation package and put all terms and conditions of employment in writing. Resource Groups Individual state and country organizations and state leagues of cities and counties are good resources to use when recruiting a local government administrator. They also publish a variety of newsletters and publications that are useful for advertising administrative positions. -425- R e c r u i t m e n t G u i d e l i n e s Hand b o o k Here are organizations and publications with a national and international appeal and distribution: American Society for Public Administration (ASPA) 1120 G Street, N.W. Washington, D.C. 20005 202/393 -7878 Web site: http: / /www.aspanet.org Publication: Public Administration Times International City/County Management Association (ICMA) 777 North Capitol Street, N.E., Suite 500 Washington, D.C. 20002 -4201 202/626 -4600 Web site: http: / /icma.org To post job ads, go to http: / /jobs.icma.org Publications: ICMA Newsletter, Job Opportunities Bulletin for Minorities and Women in Local Government National Association of Counties (NACO) 440 First Street, N.W. Washington, D.G. 20001 202/393 -6226 Web site: http: / /www.naco.org Publication: County News National Association of County Administrators (NACA) 777 N. Capitol Street, N.E., Suite 500 Washington, D.C. 20002 -4201 202/962 -3539 Web site: http : / /www.countyadminstrators.org Publication: County Administrator National Forum for Black Public Administrators (NFBPA) 777 N. Capitol Street, N.E., Suite 807 Washington, D.C. 20002 202/408 -9300 Web site: http: / /www.nfbpa.org Publication: Job Hotline at 1- 888/766 -9951 (prompt is 401) National League of Cities (NLC) 1301 Pennsylvania Avenue, N.W. Washington, D.C. 20004 -1763 202/626 -3000 Web site: http: / /www.nlc.org Publication: Nation's Cities Weekly -426- 21 R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 22 Suggested Interview Questions These general suggestions can be supplemented by more specific questions related to particular objectives, problems, and priorities of the local government: 1. Describe your background and experience. What have been the areas of emphasis? 2. How does your experience qualify you for this position? 3. Have you had experience in all areas of local government service? If you have not had experience in certain areas, how would you approach management in these areas? 4. What experience do you have with budget preparation and finance? 5. What experience do you have with personnel and labor relations? 6. How do you work with the news media? 7. How do you describe your management style? 8. What is your experience as a supervisor? How many people have you supervised? 9. Have you ever had to terminate an employee? What process did you follow? 10. What are your thoughts on performance evaluation? What process do you follow to set objectives and monitor performance? 11. How will you go about assessing the strengths and weaknesses of the organization and identifying opportunities to improve? 12. How do you approach the planning process? What system do you use to set objectives and priorities? 13. What is important to you in establishing effective working relations with others? 14. How do you view the relationship between the administrator and governing body? How do you view your relationship with department heads and local government staff? 15. What techniques have you found to be most successful in assisting local government officials establish and implement long - and short-range goals for the community? 16. To what extent do you believe contact with citizens and citizen groups is important? How do you typically handle this responsibility? 17. What experience have you had working on an intergovernmental or interagency basis? Have you worked directly with the state and federal governments, councils of governments, and other units of local government? 18. What will your first steps be upon assuming responsibility for this position? What do you hope to accomplish in the first year? 19. From your limited vantage point, what do you believe to be the challenges and opportunities facing our organization? How is this likely to change in the future? 20. What are your strengths and weaknesses? 21. Why are you interested in this position? 22. What are your expectations with respect to compensation? 23. What questions do you have of us [reference here is to members of the governing body]? —427— R e c r u i t m e n t G u i d e l i n e s H a n d b o o k Suggested Interviewing Techniques Here are some recommended do's and don'ts when interviewing candidates. Remember that the law does not prohibit employers from obtaining all the information about a candidate they deem important, so long as the questions are job - related and do not elicit information that could be used for discriminatory purposes. Do: 23 I. Question objectively. Relate questions to the requirements of the job and be consistent from one applicant to the next. 2. Ask questions that require more than a yes or no answer. Use general or open -ended questions. 3. Avoid unduly sympathetic or unsympathetic words, gestures, or facial expressions that would make the candidate think you agree or disagree with his or her answer. 4. Avoid posing a problem or situational question combined with possible solutions. Let the candidate generate his or her own solution. 5. Develop questions based on earlier statements made by the candidate. 6. Ask questions designed to encourage the candidate to reveal what knowledge and expertise he or she possesses. 7. Avoid "trick" questions. 8. Avoid displaying your personal opinions or viewpoints through the questions you ask. 9. Listen attentively to every question asked and every answer given. Make the candidate aware that you are listening by looking at him or her while speaking. Don't: 1. Let early biases form. 2. Ask unnecessarily long questions. 3. Let the candidate digress beyond the point of answering questions satisfactorily or showing that he or she is unable to answer what is being asked. 4. Ask confrontational or intimidating questions. Summary Checklist and Timetable • Designate an interim administrator. Week 1 • Obtain a status report on local government activities and projects. Week 1 • Confirm the recruiting process that will be used. Week 2 o Determine who will be responsible for conducting the recruitment. o Establish criteria for the position. o Decide on scope of the recruitment and all steps involved. o Confirm compensation parameters. o Establish a timetable for the recruitment process. -428- R e c r u i t m e n t G u i d e l i n e s H a n d b o o k 24 • Prepare and place advertisements for the position in appropriate publications. Week 2 • Identify outstanding potential candidates and send them a written invitation to apply for the position. Weeks 3 - 4 • Personally contact the outstanding potential candidates as a follow-up to the written invitation to apply. Weeks 5 - 6 • Acknowledge all resumes as they are received. • Review all resumes after the application deadline has passed. Week 7 • Conduct work-related background checks on a smaller group of applicants and then reduce this number of finalists to a manageable number. Week 8 • Confirm the selection process that will be used. Week 9 o Determine finalists. o Determine policy on reimbursement of finalist expenses. o Establish a timetable for the selection process. • Notify finalists and schedule them for interviews. Week 9 • Conduct first and second interviews and make a selection. Weeks 10 - 11 • Negotiate terms and conditions of employment and put all terms in writing. Week 12 • Finalize related arrangements. Week 12 o Determine a starting date. o Confirm a method of announcing the hiring decision. o Advise all other applicants of their status. o Plan an orderly transition. Suggested Administrator Profile Developing a profile of the ideal administrator provides the background against which to evaluate candidates for the position. Here is a checklist that any community can use as a model. Each council or board member can begin by filling out the form, and then all members of the governing body can use the individual rankings to reach a consensus on how the group rates each item. Remember that each community has some specific issues or concerns that rank higher than others. An honest evaluation of what skills and attributes are most important to a community is critical at this point. Once the council has reached consensus, one or two members who are capable writers can convert the checklist into a profile similar to the sample here. This profile can be shared with candidates who apply for the position so that they have a clear picture of the governing body's preference. All people involved in the job interviews should also have copies of the profile so that everyone is working from a common understanding of the type of person the elected officials are seeking. Preparing this profile provides a unique opportunity to clarify and codify the skills and attributes that a community is looking for in an administrator. Local officials should make the most of this chance to get the best possible fit between the council and the administrator. -429- 31 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 14, 2010 AGENDA ITEMS: A. Ordinance appropriating $1,950,752 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and retaining $700,000 to fund Terminal Building Reconstruction improvements, transferring $893,910 into the Airport 2000A Debt Service Fund No. 4640 and transferring $356,842 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the FY2009 -2010 Capital Budget adopted by Ordinance No. 028449 to increase appropriations by $1,950,752 and declaring an emergency. B. Ordinance changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase revenues and expenditures by $1,500 in Airport 2000A Debt Service Fund 4640 and by $1,500 in Airport 2000B Debt Service Fund 4641 each, to be used for paying agent and other fiscal fees; and declaring an emergency ISSUE: Passenger Facility Charges (PFC's) for the Corpus Christi International Airport were approved by the Federal Aviation Administration and fund debt service and related fees on bonds issued for completed terminal building improvements. PFC revenue must be appropriated prior to any expenditure. REQUIRED COUNCIL ACTION:. All Ordinances require Council approval. PREVIOUS COUNCIL ACTION: On September 8, 2009, City Council approved Ordinance 028298 appropriating $684,417 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and retaining $70,000 to fund Airfield Rescue Fire Fighting Building improvements, transferring $469,917 into the Airport 2000A Debt Service Fund No. 4640 and transferring $44,500 into the Airport 2000E Debt Service Fund No. 4641 for Debt Service on Airport Improvements and transferring $100,000 to the Airport Capital Reserve Fund 3020A for reimbursement of airport drainage improvements; changing the FY2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $684,417 and declaring an emergency FUNDING: Funds are available in Passenger Facility Charge Fund 4621 $1,950,752 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinances as presented. Attachments: Exhibit A: Background Ordinances —433— Fernando A, Segundo Director of Aviation FredS @cctexas.com 289.0171 ext. 1213 BACKGROUND INFORMATION BACKGROUND: City Council approved the submittal of a second Passenger Facility Charge (PFC) Application to the FAA on December 9, 1997 by Ordinance No. 023165. The FAA approved the application and issued a Record of Decision dated April 14, 1998 stating PFC collections would begin July 1, 1998 for a period of approximately 20 years, or until the full amount approved for collection has been collected. An amendment to this application was submitted to the FAA on June 7, 2001 and was approved by the FAA on June 25, 2001. The approved amendment includes revisions to project scopes and/or budgets for completed, in- progress, or pending Capital Improvement Projects at CCIA. Revisions to the PFC Application were required to support the Council - adopted Airport Capital Improvement Program, including the Terminal Construction Program, and the corresponding General Airport Revenue Bond (GARB) sale completed in August 2000. In addition, project budgets were adjusted to reflect actual expenditures. ADDITIONAL PREVIOUS COUNCIL ACTION: 1. October 14, 2003 - Ordinance appropriating $508,848 in Passenger Facility Charge Fund 4621 from unreserved Fund Balance; transferring $489,201 into the Airport 2000A Debt Service Fund 4640 and $19,647 into the Airport 2000B Debt Service Fund for Debt Service payments on Airport improvements; amending FY 2002 -2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $508,848; and declaring an emergency. (Ord 025519) 2. May 11, 2004 - Ordinance appropriating $ 1,089,744 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003 -2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $1,089,744; and declaring an emergency. (Ord. 025743) 3. January 18, 2005 - Ordinance appropriating $787,067 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003 -2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $787,067; and declaring an emergency (Ord. 026112) 4. July 25, 2006Ordinance appropriating $ 729,319 in Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $ 643,761 into the Airport 2000A Debt Service Fund 4640 and $85,558 into the Airport 2000B Debt Service Fund 4641 for Debt Service Payments on Airport Improvements; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $ 729,319 and declaring an emergency (Ord. 026885) 5. July 25, 2006 Ordinance appropriating $828,707 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Passenger Loading Bridges at the Airport; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $828,707 and declaring an emergency. (Ord. 026887) 6. July 25, 2006 Ordinance appropriating $ 172,933 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $172,933 and declaring an emergency (Ord. 026886) -434- Exhibit A 7. August 29, 2006 Ordinance appropriating$1,488,093 in Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $1,055,309 into the Airport 2000A Debt Service Fund 4640 and $432,784 into the Airport 2000B Debt Service Fund 4641 for debt service on airport improvements; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $1,488,093; amending FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 to increase revenues by $178,653 in the Airport 2000A Debt Service Fund 4640 and $124,634 in the Airport 2000B Debt Service Fund 4641; and declaring an emergency ( Ord. 026960) 8. July 15, 2008, City Council approved Ordinance 027758 appropriating $1,856,054 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $1,076,812 into the Airport 2000A Debt Service Fund No. 4640 and $779,242 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the FY2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $1,856,054; and declaring an emergency 9. September 8, 2009, City Council approved Ordinance 028298 appropriating $684,417 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and retaining $70,000 to fund Airfield Rescue Fire Fighting Building improvements, transferring $469,917 into the Airport 2000A Debt Service Fund No. 4640 and transferring $44,500 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport improvements and transferring $100,000 to the Airport Capital Reserve Fund 3020A for reimbursement of airport drainage improvements; changing the FY2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $684,417 and declaring an emergency -435- Exhibit A AN ORDINANCE APPROPRIATING $1,950,762 FROM THE UNRESERVED FUND BALANCE IN PASSENGER FACILITY CHARGE FUND NO. 4621 AND RETAINING $700,000 TO FUND TERMINAL BUILDING RECONSTRUCTION IMPROVEMENTS, TRANSFERRING $893,910 INTO THE AIRPORT 2000A DEBT SERVICE FUND NO. 4640 AND TRANSFERRING $356,842 INTO THE AIRPORT 2000B DEBT SERVICE FUND NO. 4641 FOR DEBT SERVICE ON AIRPORT IMPROVEMENTS; CHANGING THE FY2009 -2010 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 028449 TO INCREASE APPROPRIATIONS BY $1,950,752; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. An appropriation in the amount $1,950,752 is made from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 to be appropriated as follows: retain $700,000 in Passenger Facility Charge Fund No. 4621 to fund Terminal Building Reconstruction Improvements, transfer $893,910 into the Airport 2000A Debt Service Fund No. 4640, and transfer $356,842 into the Airport 2000B Debt Service Fund No. 4641 for debt service on airport improvements. SECTION 2. The FY2009 -2010 Capital Budget, adopted by Ordinance No. 028449, is changed to increase appropriations by $1,950,752. SECTION 3. 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 AP ROVED: Septe ber 3, 2010 Eliza rj -th R. Hundley Assi rant City Attorney for the City Attorney EHord313 CITY OF CORPUS CHRISTI Joe Adame Mayor —436— 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 EHord313 —437.- ORDINANCE CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE 028683 BY INCREASING REVENUES AND EXPENDITURES BY $1,500 IN AIRPORT 2000A DEBT SERVICE FUND 4640 AND BY $1,500 IN AIRPORT 2000B DEBT SERVICE FUND 4641, TO BE USED FOR PAYING AGENT AND OTHER FISCAL FEES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 is changed to increase revenues and expenditures by $1,500 in Airport 2000A Debt Service Fund 4640 and by $1,500 in Airport 2000B Debt Service Fund 4641 each, to be used for paying agent and other fiscal fees. 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 Armando Chapa City Secretary Approved: September 3, 2010 Lisa Aguil Assistant ' y Attorney for City Attorney THE 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, Joe Adame Mayor 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 1 II 111 111 111 111 111 111 ill 111 1▪ 1 '11 111, 111 � II 111 1I1 11 ■ 11 1 ■11 1 11 1 1 II 1 I 1 '11' 1.� 1'; I !IY ICI I 1 IN 111 11 11 1�1 III 11 M1 II1 11 1�1 i _ 1 11 11 w1 11 M; JI It ■ r IM I pr 04 11 M al N W N CI 0 W N DC Z H V 0 0 v) 0 DLU 32 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/14/2010 AGENDA ITEM: An ordinance authorizing the City Manager, or his designee, to execute a thirty -year lease with Corpus Christi Developments 1, L.L.C., doing business as Corpus Christi FXG, L.L.C. (Lessee) with two ten -year options to renew, for approximately 356,320 square feet fronting Pinson Drive (Industrial Park) to construct a distribution facility and related improvements in consideration of Lessee paying $.09 cents per square foot for unimproved land including an adjustment of up to 3% every five years as set out in the lease (Exhibit B). ISSUE: The Corpus Christi International Airport has reached an agreement with Corpus Christi Developments 1, L.L,C., doing business as Corpus Christi FXG, L.L.C. for a land lease on the airport to develop a ground package distribution center designed and developed for FedEx Ground. Preliminary plans call for the development of a distribution facility of approximately 46,000 square feet of building space expandable up to approximately 70,000 square feet. Corpus Christi FXG, L.L.C. is developing the facility on behalf of FedEx Ground and will enter into a lease with FedEx for the facility. REQUIRED COUNCIL ACTION: Approve as presented PREVIOUS COUNCIL ACTION: N/A CONCLUSION AND RECOMMENDATION: In the meeting of May 19, 2010 the Airport Board recommended approval of the Business Terms & Conditions of the proposed development. Attachments Exhibit A - Letter of Terms (LOT) Exhibit B - Ground Lease Exhibit C - Site Plan Exhibit C1 -- Elevations —447— Fred Segundo, A.A.E Director of Aviation freds @cctexas.com 361.289.0171 x1216 BACKGROUND INFORMATION The Corpus Christi International Airport has reached an agreement with Corpus Christi Developments 1, L.L.C., doing business as Corpus Christi FXG, L.L.C. for a land lease on the airport to develop a package distribution center designed and developed for FedEx Ground. Preliminary plans call for the development of a distribution facility of approximately 46,000 square feet of building space expandable up to approximately 70,000 square feet. The partnership is developing the facility on behalf of FedEx Ground and will enter into a lease with FedEx for the facility which will encompass approximately 8.18 acre tracts of land. The airport will cooperate with Corpus Christi FXG, L.L.C. in final design and permitting of the development and Corpus Christi FXG, L.L.C. will manage and control all of the development activity directly. The primary infrastructure is already in place which will help expedite the construction timeframe. The project is anticipated to be completed on or before September 1, 2011. in addition to the construction jobs which will be generated by this development, there will be approximately 7 -10 staff working in the facility and it will support approximately 17 -22 additional headcount for related contractors to support the distribution function. The airport location was selected over other sites in the region because of its central location and unconstrained access. It is anticipated that the proposed expansion of the facility to 70,000 sq ft, when required, will increase the number of permanent staff and additional contractors in the future. The construction and development of the FedEx Ground Handling facility will be the first project in the Airport's Industrial Business Center (IBC) that was completed in 2005 and the first major private development on airport since 1999. FISCHER &COMPANY STRATEGIC CORPORATE REAL ESTATE SOLUTIONS :.ONS I.EII G • aftQxERAGC. • TL(I- f)L(XY July 22, 2010 Enrique Castillo Assistant Director of Aviation Corpus Christi international Airport 1000 International Drive Corpus Christi, Texas 78406 enriq uec @cctexas.com RE: Letter of Terms to Lease (On Airport Land Site) Approximately 8.18 acres located at the Corpus Christi International Airport Dear Mr. Castillo: Fischer & Company intends to enter into negotiations for the ground lease of the captioned Property based upon the following terms. Please sign this Letter of Intent and submit to my attention no later than Thursday — JuLv 222010 LANDLORD TENANT/DEVELOPER LEASE TERM LEASE TERM OPTIONS LEASE RATE LEASE RATE CONCESSION REAL ESTATE TAXES ESCROW FUNDS PROPERTY Corpus Christi International Airport Fischer & Company and/or Assigns Initial Term of Thirty (30) Years Two (2) extension options. Option term shall be ten (10) years each at Fair Market Value Rent. Commencing upon delivery of Certificate of Occupancy, the rate for the initial five (5) years will be $.09 per square foot of leased land. Every five (5) Years the property shall be adjusted to fair market value /appraisal in which the property is subject to a rent increase, but such increase shall be capped at a maximum of three percent (3 %) total increase (over the rent for the previous five years) for each five (5) year period. The City and Airport reserves the right to adjust the land rental rate in accordance with the adopted City Policy or FAA requirements but the rent shall be subject to the cap provision as stated above. ➢ The City shalLwaive the Ground lease rent due to the City for the period from execution of the Long Term Ground Lease (estimated to be no later than August 16, 2010) until the date of receipt of the certificate of occupancy or July 31, 2011, whichever is earlier. No property taxes will be assessed for the Land & Building, unless the law is changed and real estate taxes are extended to Airport property. ➢ The Developer shall submit an earnest money deposit with a mutually acceptable Title Company equal to $15,000.00. Such deposit shall be refundable and this proposed transaction is contingent upon Developer executing a Lease with FedEx Ground Package Systems for the planned build to suit and Developer's receipt of permits and the Airport's approval of plans & specifications for this project and consent to the Sublease between Developer as Tenant and FedEx Ground as Sub- Tenant. ➢ Approximately 8.18 acres of land that is located on Pinson & Business Centre Drive (See attached Exhibit A for building and site plan) (hereinafter the "Property ") -4419- PLATTING FISCHER & COMPANY, STRATEGIC CORPORATE REAL, ESTATE SOLUTIONS ' oN5VLDNc • C+RC`KC iA(517 - 'f%SFINC,I_;_yc,y ➢ Tenant is required to deliver a platted parcel and shall be responsible for all such costs and expenses, including without limitation, engineering and surveying fees, attorney fees, and filing fees, incurred in such platting process. The City shall waive up to $15,000 of applicable City permits and platting costs and fees for this project. EXAMINATION PERIOD ➢ One Hundred & twenty (120) days to complete site investigation. Consultants shall have the right to enter the Property for the sole purpose of conducting additional tests, surveys, environmental studies, investigations and analysis of the proposed site. Developer /Tenant shall indemnify Landlord and return the Property to substantially the same pre -test condition. EXTENSION ➢ Tenant may extend the Examination Period for up to one (1) sixty (60) day period. If the extension is exercised, an additional Five Thousand dollars ($5,000.00) shall be placed into Escrow, and said $5,000.00 shall become non - refundable. CLOSING ➢ The City will negotiate in good faith and enter into a Ground Lease with Tenant no later than August 16, 2010 that will detail the final terms of the development of the site. Tenant will be responsible for all bard & soft costs associated with such development and shall be responsible for maintenance of such facility and the Property upon completion. CLOSING EXPENSES DEVELOPMENT ASSISTANCE Contingency: The Ground Lease execution shall be subject to the execution of the Lease execution between the Tenant as Developer and FedEx Ground as Sub - Tenant, but not before the governing municipality of the Property issues its approval of the site plan, issues the permits and approves the platting as required for the proposed project. ➢ Landlord shall pay for the preparation of the Deed and costs to release any liens on the Property. Tenant shall pay for recording the Deed and the title premium for any title insurance policy. All state and local realty transfer taxes shall be the Landlord's responsibility. The City shall provide a Fifty Thousand dollar ($50,000.00) incentive in the form of a reimbursement to the Tenant/Developer for infrastructure costs to develop this project. Payment of such incentive to Tenant/Developer shall be within thirty (30) days after the City's receipt of copies of invoices for any such work as it pertains to site work, foundation, and/or underground utilities and infrastructure. CONFIDENTIALITY ➢ Landlord and Tenant acknowledge that the terms and conditions and details of the ensuing negotiations will remain confidential between the parties. FISCHER &COMPANY STRATEGIC CORPORATE REAL ESTATE SOLUTIONS CON5VL ;IIIi • [WOKE RA [ - fT_CI- iNtiLOCol GROUND LEASE DOCUMENT Landlord shall provide the Ground Lease Document within ten (10) business days of submission of this Letter of Terms. DISCLAIMER D This Letter of Terms constitutes an expression of interest only, which terms are subject to the approval of the senior management of Tenant. Regards, Fischer & Company Dale R. Clemunents Senior Vice President Landlord: Corpus Christi International Airport Agreed to and accepted this day of 2010. By: Title: r-P (21/4- .r� Ground Lease At Corpus Christi International Airport Between City of Corpus Christi And Corpus Christi FXG, L.L.C. -452- 1 GROUND LEASE This ground lease (the "Lease ") is made effective on the latter of the dates on which the parties did execute this Lease, by and between the City of Corpus Christi as lessor ( "City ") and Corpus Christi Developments 1, L.L.C., doing business as Corpus Christi FXG, L.L.C., as lessee ( "Developer"). WITNESSETH: WHEREAS, the City owns the Corpus Christi International Airport ( "Airport"), located in Nueces County, State of Texas; WHEREAS, the Airport is managed by the Director of Aviation ( "Aviation Director"); WHEREAS, Developer is organized and existing under the laws of the State of Missouri and is authorized to transact business in the State of Texas; WHEREAS, the parties hereto wish to enter into this Lease for land on which Developer shall construct a distribution facility and related improvements, including vehicle parking areas, for the purpose of operating a package collection and distribution business ( "Project ") to be leased and operated by FedEx Ground Package System, Inc. (the "Sublessee "); NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: AGREEMENT: 1. Premises: City hereby leases to the Developer the land located and more particularly described in the attached and incorporated Exhibit A ( "Premises "). The Premises includes approximately three hundred fifty six thousand three hundred twenty (356,320) square feet of land, together with any existing easements. 2. Term: This Lease shall be for a base term of thirty (30) years commencing on the sixty -first (61 st) day following final approval by the City's City Council. Rent will be abated for the period beginning on the commencement date until the date of beneficial occupancy as determined by the issuance of a certificate of occupancy by the City ( "Certificate of Occupancy ") or September 1, 2011, whichever is earlier. 3. Option: Developer will be granted two (2) ten (10) year options on the Premises at the then fair market rental rate subject to approval of the Federal Aviation Administration ( "FAA ") and other terms as set out hereinafter. 4. Contingency: This Lease shall be subject to cancellation if the Developer and Sublessee do not execute a build to suit sublease agreement on or before October 1, 2010. 5. Improvements: Developer shall provide the City with "as built" drawings of all new construction ( "Improvements ") to assist in future rent calculations. 6. Incentives: Upon the issuance of a Certificate of Occupancy for the Project, the Developer will be granted by the City a payment of Fifty Thousand Dollars ($50,000) as an economic development incentive, to offset the costs of developing the Premises and completing the Project at the Airport. The $50,000 payment shall be paid within thirty days after the receipt of the Certificate of Occupancy. —453— 2 7. Rent: Rent is due and payable on the first day of each calendar month of the Lease Term. Rent will be assessed for the gross square footage of the Premises and paid on an annual basis to the Airport at the address shown in Section 30 of this Lease. The rent for the period from the effective date of this Lease until September 1, 2011, or the date of beneficial occupancy, whichever is earlier, will be zero dollars ($0.00). For the period from September 1, 2011 or the date of beneficial occupancy, whichever is earlier, until August 31, 2016, the rent will be nine cents ($0.09) per square foot per annum. Effective on and after September 1, 2016, rent will be adjusted every five (5) years based on a fair market appraisal with a cap of a 3% increase over the preceding five (5) year period. The City reserves the right to adjust the rent in accordance with its adopted policy for the Airport or FAA requirements subject to the 3% cap. For purposes of determining the fair market value by appraisal, the Airport will submit the names of three (3) appraisers that may be considered and the parties will jointly select one to perform the appraisal. The recommendations of the selected appraiser will be final. 8. Agent: The City Manager appoints the Director of Aviation or his designee ( "Aviation Director") as agent to receive all rent, notices and reports under this Lease. 9. Use of Premises: Developer shall use the Premises for the purposes to develop, construct, and operate the Project stated above and for no other purpose without the express prior written consent of Aviation Director. The Improvements on the Premises shall be used as a sort and distribution warehouse. 10. Parking: The Premises may be used for parking the facility's business - related automobiles, trucks, vans, trailers and similar vehicles without the payment of any additional fees to City; provided, however, that Developer shall comply fully with all of Airport's rules and regulations for parking and vehicle usage at the Premises and shall require the Sublessee and all other sublessees to do so. 11. Signs: Developer may install City ordinance compliant signs or other corporate identification of the business on the Premises at its sole cost; provided, however, that the Developer has obtained Aviation Director's prior written consent as to the size, type, design and location of these signs or other corporate identification, which consent shall not be unreasonably withheld or delayed. 12. Right to Amend: If the FAA or its successor agency requires modifications or changes in this Lease as a condition precedent to granting funds for Airport improvements, Developer agrees to consent to the amendments, modifications, or changes of this Lease as may be reasonably required to obtain the funds; provided, however, Developer will not be required to pay increased rent or change the use of the Premises or accept a relocation or reduction in size of the Premises until Developer and Airport have fully executed an amendment to this Lease that is mutually satisfactory to all parties for any terms or conditions of this Lease affected by said actions. 13. Subordination to U.S.A. /FAA Requirements: This Lease is subordinate to the provisions of any existing or future agreement between the City, acting through the Airport, and the United States of America relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 13 or under Section 12 above, is to remove any or all of the Premises from the control of Airport or to substantially destroy the commercial value of the Premises, then Airport must, at Airport's expense, provide Developer, at no cost to Developer or its Sublessee, with land and facilities substantially similar to the Premises and the Improvements constructed by Developer on the Premises for the remainder of the Lease term, as it may have been extended from time to time. -454- 3 14. Development of Improvements: All plans and specifications for Developer's Improvements and all renovations, remodeling, refurbishing and construction upon the Premises must meet all City fire, building and other applicable City, state and federal regulations and code requirements, including obtaining required building permits. Upon final completion and acceptance of the Improvements by Developer, Developer must provide two sets of Mylar as -built plans and one electronic copy of the record documents to Aviation Director, who will keep one set of plans on file at the Aviation Director's office in the terminal and provide the other set to the City Secretary for incorporation into this Lease as a supplement to Exhibit A. The supplemented Exhibit A becomes effective upon filing with the City Secretary and subsequent attachment to this Lease. Developer must keep said as -built documents current by providing two sets of Mylar "as- built" plans and one electronic copy of all record documents showing any alteration in excess of $15,000 to the Premises during the term of this Lease to Aviation Director, which plans are to be attached to this Lease as a supplement in the same manner as provided for the original plans and specifications. No substantial changes or alterations shall be made to said plans or specifications after initial approval by Aviation Director without further written approval by Aviation Director. The Developer will be responsible for arranging and paying for, at its sole cost, all utility connections to the Premises. Utility usage will be billed directly to the Developer and paid for by the Developer unless and until Developer has delegated the responsibility for utility payments to Sublessee. The Airport has reviewed and approves the Developer's submitted preliminary plans for development and construction of the Improvements on the Premises. Said preliminary plans are subject to final submission and permit review by the City. It is the intent of the Airport not to require additional improvements other than those represented in the February 12, 2010, alternative site plans. Said plans remain subject to final review by the City in the standard permitting process. The Developer will coordinate design and construction of the Improvements with the Airport and Aviation Director. Developer will be required to adhere to all landscaping requirements as required by the City. Developer shall be responsible for causing the Premises to be maintained and kept in good order and condition during construction and upon completion of the Improvements in accordance with commercially reasonable standards at no cost to the City. Because the Premises are located on Airport property, no property taxes will be assessed against the Premises unless the law is changed and real estate taxes are extended tithe Premises. Notwithstanding the foregoing, the Developer shall be responsible for the payment of any and all taxes assessed against the Improvements. During development, Developer will coordinate all construction traffic with the Airport so as to not inhibit regular Airport traffic and to keep roadways safe and clean. The Airport has no objection to the use of double trailer arrangements on Airport property subject to the requirements of the U.S. A. and the Texas Department of Transportation. The Airport will cooperate with the Developer for any roadway or access improvements required to enhance traffic to the Premises. Any costs of modifications will be the sole responsibility of the Developer. -455— 4 The Developer will enter into a construction contract with a reputable contractor and the Airport reserves the right to approve the contractor, which approval shall not be unreasonably withheld, conditioned or delayed. All construction parking and staging will occur on the Premises unless agreed to by the Airport in writing. Developer, at its sole expense, shall obtain all licenses and permits required prior to performing any maintenance, repairs, construction on, or use of the Premises. The costs of developing all plans and specifications as provided herein and the construction of Improvements and facilities upon the Premises shall be paid solely by the Developer, without any cost or expense to City whatsoever. The City will waive up to Fifteen Thousand Dollars ($15,000) of applicable City permit fees for the Premises subject to final approval of the Lease by the City Council. The Airport will cooperate with the Developer to obtain alternative financing for any aspects of the development. Upon termination of this Lease, ownership of the Improvements constructed by Developer on the Premises shall revert to the City, free and clear of all liens, claims and other encumbrances or adverse interest in the Premises or the Improvements thereon. During the construction of the Improvements, the Aviation Director may, after providing reasonable notice to Developer, enter upon the Premises during the Airport's normal business hours and make inspections as may be necessary to ensure that the construction of the Improvements is performed in accordance with the requirements of this Lease. During this Lease, Developer shall, subject to the other terms and conditions of this Lease, have the continuing right to remodel, renovate and refurbish the Premises and Improvements, or any part thereof, and to build and construct new additions and Improvements thereon and thereto; provided, however, that changes costing more than one hundred thousand dollars ($100,000) shall require the prior written consent of Aviation Director, whose consent to the modifications will not be unreasonably withheld, conditioned or delayed. The City will promptly approve in writing all plans and design related change orders through completion of the Project. The Airport will pursue, in conjunction with the Developer, any and all available grant funding which might be available for authorized use to construct the Improvements on the Premises under the Project; and all grant funds received will be credited in full to the Developer. Developer shall not allow a lien to attach to the Premises or Developer's leasehold interest without the prior written approval of City Manager. Notwithstanding City Manager's approval, the City's fee simple interest in the surface estate burdened by Developer's leasehold estate must be exempt from said lien. Any lien of a lender shall contain the following language, or such other similar language as may be approved by City Attorney: "Lender agrees that the lien created by this instrument is effective only as to Developer's leasehold estate created by the Lease, dated , 2010, executed by the City of Corpus Christi, as City, and Corpus Christi Development I, L.L.C.,, doing business as Corpus Christi FXG, L.L.C., as Developer, and does not affect City's interest, being the fee simple estate burdened by Developer's leasehold estate." In the event of any foreclosure by any lender, financing agency, or guarantor of its lien or liens on the Improvements constructed by Developer located on the Premises, said lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, and duties of Developer, including without limitation paying rent, as if said lender, financing agency, or guarantor was originally named Developer herein, and said lender, financing agency, or guarantor will have a reasonable time after the date of foreclosure [not Tess than three hundred sixty (360) days] to —456— 5 sublease any available Improvements to those parties that are pre - approved by Aviation Director in writing. Developer covenants that all construction, including all workmanship and materials, will be of first -class quality. As used herein, the term "first -class quality" means of the same quality as materials used to construct other buildings used for the same or similar purposes already constructed on the Airport property. After completing construction of Improvements on the Premises, Developer must certify to Aviation Director that the improvements were completed according to the approved plans and specifications and that Developer has complied with all applicable federal, state, and local laws, rules, ordinances, and regulations. Prior to Developer's delivery of possession to the Sublessee, a copy of the Certificate of Occupancy must be provided to the Aviation Director. Developer must include in all construction contracts entered into a provision requiring the contractor, or in the alternative, Developer, to indemnify, hold harmless, defend and insure City, including its officers, agents, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the performance of any or all of the construction work, whether the claims and demands made are just . or unjust, unless same are caused by the gross negligence or willful act of City, its officers, agents, or employees. Developer must furnish or, in the alternative, require the contractor to furnish, insurance as required in Section 29 herein. 15. Repair and Maintenance: Developer, at its own expense, shall make, or cause to be made, any and all repairs and replacements necessary to keep the Premises and Improvements in a first -class condition and in safe repair and shall make any and all repairs and replacements necessary to remedy defects of a structural nature. Developer shall provide janitorial service and maintenance to keep the interior and exterior of the Premises and Improvements in a clean, attractive and sanitary condition at all times. The landscaping must be well- maintained and kept in a neat and tidy condition. Developer shall repair any and all damage caused to real and personal property of City occurring on the Premises, including damage caused to the Improvements, or elsewhere on the Airport property as a result of the willful or negligent acts or omissions of Developer its officers, employees, contractors or agents. 16. Security: Developer its officers, employees, agents, contractors, and invitees must comply with all federal and local security regulations adopted by City pursuant to 14 CFR Part 107, as the same may be amended. Developer covenants to indemnify and hold harmless City, its officers and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or Transportation Security Administration by reason of the negligent or intentional failure of Developer its officers, employees, agents, contractors, or invitees to comply with security regulations, regardless of whether the fine, charge or penalty is levied against the City or the Developer. 17. CFR Part 77 Requirements: Developer covenants to comply with the notification and review requirements set out in Part 77 of the Federal Aviation Regulations [14 CFR Part 77], as amended, if Developer plans to construct or modify any structure, antenna, or building located on the Premises or to be constructed as an Improvement. 18. Control of Structures: Developer shall not erect nor permit the erection of any structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its highest point above a mean sea level elevation established by FAA and Airport as a height limitation on said structure, antenna, building, or object. Airport may enter the Premises and -457- 6 remove the encroaching structure, antenna, building, or object at Developer's expense plus an administrative charge of 15 %. 19. Aerial Approaches: Aviation Director may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Developer from erecting or permitting to be erected any building or structure on or adjacent to the Airport which, in Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. 20. Hazardous Substances: Developer shall comply, and shall require any sublessee to comply, with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises and Improvements including, but not limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. Except for the hazardous substances governed by and transported in full compliance with the transportation laws of the state or federal government, Developer must not knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances or waste on or near the Premises without Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. If Developer determines that a threat to the environment including, but not limited to, a release, discharge, spill or deposit of a hazardous or regulated substance, has occurred or is occurring which affects or threatens to affect the Premises or the persons, structures, equipment, or other property thereon, Developer must notify immediately by oral report in person or by telephone, to be promptly confirmed in writing, to the Aviation Director as required by law or regulation. Developer shall require any Sublessee to cooperate fully with the Aviation Director in promptly responding to, reporting, and remedying a threat to the environment, including, without limitation, a release or threat of release of hazardous or regulated substance into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. Developer shall keep a readily accessible file of Materials Safety Data Sheets ( "MSDS ") for each hazardous substance on the Premises or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport employee who responds to a report of a discharge of a hazardous substance on the Premises. Developer will require any operator of the facilities on the Premises to use best efforts to determine which hazardous substance was accidentally discharged and have that MSDS sheet available for the first responders to the Premises. • Developer will cause prompt remediation and the payment of all costs associated with any action or inaction of Developer that directly or indirectly prevents the City, acting through the Airport, from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits relating to the Premises. The rights and obligations set forth in this section shall survive the earlier expiration or termination of this Lease. 21. Nondiscrimination /Affirmative Action: A. Nondiscrimination — General- Developer for itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the —458— 7 Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Developer will cause to the best of its ability the Premises and Improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFI( Part 152, Subpart E Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. B. Nondiscrimination - Business Owner - This Lease is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. Developer for itself, and as a requirement for any sublessee, agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award of performance or any concession agreement, management contract or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. C. Remedy for Breach - If the Developer is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non - discrimination covenant, or to have permitted any sublessee to deliberately breach a non- discrimination covenant, the City may immediately enforce the remedies directed by the Court's decision, which may include the City's right to reenter the Premises, retake possession thereof and terminate the Lease. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action - Developer shall cause to be implemented an affirmative action program as required by 14 CFR Part 152, Subpart E, to provide (i) that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E; (ii) that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart; (iii) that third parties otherwise retained by Developer shall provide similar assurances to Developer to undertake affirmative action programs and to require assurances from their sub- organizations, as required by 14 CFR Part 152, Subpart E. Developer ,at no expense to the City, shall comply with any applicable requirements of the Americans with Disabilities (ADA) as it may be amended, with respect to the Premises and its Improvements. 22. Compliance with Laws: A. General - Developer covenants to promptly observe, comply with and execute, and shall cause any sublessee to promptly observe, comply with and execute, the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders and directions applicable to the use and occupancy of the Premises. A material breach of this covenant, which is not remedied within any permitted cure period, may be cause for City's exercising its rights under Section 23 of the Lease. During any period of Developer's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court of competent jurisdiction, Developer's inaction shall not be deemed a breach of this Lease. B. Federal - Developer shall comply and shall require any sublessee to comply with all applicable federal laws, rules, and regulations, including without limitation the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts that the U.S. Congress passes that apply to the uses and operations at the Premises. -459- C. Disadvantaged Business Enterprises ( "DBE ") - Developer acknowledges that the provisions of 49 CFR, Part 23, Disadvantaged Business Enterprises (DBE), as said regulations may be amended, and such other similar regulations as may be enacted, may be applicable to the activities of Developer and any sublessee under the terms of this Lease, unless exempted by said regulations, and Developer hereby agrees to comply with the FAA and the U.S. Department of Transportation in reference thereto. Developer understands and agrees to the following assurances: It is City's policy that DBEs have the maximum practicable opportunity to be awarded contracts. Developer agrees to use good faith efforts to promote this policy through its Lease of the Premises. Additionally, Developer, as an equal opportunity employer, agrees to use good faith efforts to provide maximum opportunity for the consideration and use of DBEs in the contracting, subcontracting and purchasing activities associated with this Lease and to abide by all applicable provisions of the Airport's approved, and it's approved updates to, the DBE Program and this Lease. Developer agrees and shall require any sublessee to agree that no person will be excluded from participation in, denied the benefits of, or otherwise be discriminated against in connection with the award and performance of any contract because of race, color, religion, national origin, sex, age, handicap, or poll is I belief or affiliation, and as more specifically provided in Section 21 hereof. See Exhibit Btadhed hereto and incorporated herein setting out Developer's program in support of the Airport's DBE prograrry - &art trPelmstruelim D. State - Developer shall comply with all applicable laws, rules, and regulations of the State of Texas. E. Local - Developer shall comply with all applicable City ordinances, and rules and regulations promulgated by Aviation Director. 23. Termination: A. Termination By Developer - Without limiting any other rights and remedies to which Developer may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by Developer at any time after the happening, and during the existence, of one or more of the following events: 1. The City's permanent abandonment of the Premises at the Airport; 2. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, that substantially restricts any sublessee from operating for at least 150 days; 3. The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport or the Premises that continues for at least 150 days; or 4. The default by the City in the performance of any covenant or obligation on the part of the City to be performed, and the failure of the City to remedy the default for 60 days after receipt from Developer of written notice to remedy the same. B. Termination by City - Without limiting any other rights and remedies to which City may be entitled at common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by the City if Developer: 1. Is in arrears in paying the rent, fees, or other charges due under this Lease for ten (10) business days ( "business" days are Monday through Friday inclusive) after written notice, or such other time as may be provided herein (provided City has given written notice of such arrearages to Sublessee and has provided Sublessee with at least ten (10) business days to pay or cause to be paid those arrearages); —460— 9 2. Makes a general assignment for the benefit of creditors; 3. Abandons the Premises [ "abandon" shall mean failing to operate a business in the Improvements to the Premises for a period in excess on one (1) year]; 4. Otherwise defaults in the performance of any of other material covenant of this Lease and continues the default for thirty (30) days, or such other time as may be provided herein, after receipt of written notice from Aviation Director of the default. If the default cannot reasonably be cured within said 30 days or within any other time as set out in the notice of default, Developer shall be deemed to have cured the default if it commences the remedy process within the applicable period and thereafter diligently prosecutes the same to completion. C. City's Right to Entry Upon Termination - If City terminates this Lease or if Developer abandons the Premises, the City may enter upon the Premises. In the event of termination by the City, the Aviation Director may enter onto the Premises to remove any and all persons or property from the Premises and place any property in storage for the account of and at the expense of Developer. All property on the Premises is hereby subjected to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws are hereby expressly waived in favor of said landlord's lien; and it is agreed that said landlord's lien is not a waiver of any statutory or other lien given or which may be given to City but is in addition thereto. In the case of default, if Developer fails to remove any of its property on the Premises within thirty (30) days following the written notice of default, Aviation Director may sell the property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Developer, with the surplus, if any, to be mailed to Developer at the address herein designated. Developer further agrees to hold harmless and indemnify City, including its officers, agents, and employees, against, from any Toss or damage or claim arising out of City's action in collecting monies owed to it under this paragraph, except for any loss, damage, or claim caused by the gross negligence or willful misconduct of City or its employees. D. Notice of Termination - If an event of material default occurs, and after due written notice identifying the default the defaulting party has failed to cure or failed to commence to cure, the complaining party may at any time after the expiration of any such cure period terminate this Lease by providing written notice of termination to the defaulting party. The Lease will be terminated on the date specified in the notice but not sooner than thirty (30) business days after the postmarked date of the notice. Rental payments are payable only to the date of termination. This subsection is subject to the requirements set out in subsection C of this section. E. Partial Destruction - If the Premises or Developer's Improvements are partially damaged due to acts of God or other acts outside the control of the Developer or City, to the extent that Sublessee cannot use the Premises for its intended use, then, at Developers option, this Lease may be terminated or instead may be suspended until the damage is repaired. If the Lease is suspended, Developer and City will mutually agree on a time period for Developer to repair the damages to the Premises or Improvements. If the Lease is terminated, as provided for herein, the rent will be abated from the date of the casualty; provided, however, that Developer must use its insurance proceeds to either replace the Improvements or remove all trace of the Improvements and return the Premises to a state of raw land. All remaining insurance proceeds will be paid to Developer. The City Manager of the City is the sole judge of the extent of damage to the Airport. -461- 10 F. Notice to Sublessee - Notwithstanding anything herein to the contrary, if Developer is in default of any term, provision, covenant or condition of this Lease, City shall give written notice to Sublessee at the address set forth in Section 30; and Sublessee shall have a time to cure the default, or cause the default to be cured, equal to the time provided to Developer under this Lease. The time for Sublessee's opportunity to cure shall be computed from the day it actually received notice from the City of Developer's default. If the City is in default of any term, provision, covenant or condition of this Lease, Developer shall give written notice to Sublessee at the address set forth in Section 30. 24. Property Rights upon Expiration or Termination: A. Removal of Equipment - Upon the expiration or earlier termination of this Lease, City shall, by written notice to any sublessee, permit the sublessee to remove all removable furniture, fixtures and equipment installed by the sublessee so long as it removes same within the time period set forth in the notice, but in no event Tess than thirty (30) calendar days after termination or expiration of the Lease. The City may require any damage to the Premises caused by any sublessee's removal of its property to be repaired at the Developer's expense within fifteen (15) business days after termination or expiration of the Lease Such repairs must be made to the reasonable satisfaction of Aviation Director. Any fuel storage facilities installed must be removed prior to vacating the Premises, regardless of circumstances. Notwithstanding the foregoing, if any sublessee fails to remove its removable furniture, fixtures and equipment within thirty (30) days after the date determined in the notice, then Aviation Director may, at its option, take title to the said personality and sell store or salvage the same, as permitted by law. Any net expense Aviation Director incurs on behalf of City in disposing of the any sublessee's personal property shall be billed to that sublessee directly by the Aviation Director. The Aviation Director will provide any sublessee with a written itemized breakdown of the costs recaptured, if any, by the sale, storage or salvage of the property, and the balance due, which is expected to be paid by the sublessee upon receipt of said itemized breakdown. B. New Lease - Do Not Remove Equipment - If City and Developer negotiate a new Lease after the expiration of this Lease, there shall be no requirement to remove its furniture, fixtures and equipment from the Premises. C. Improvements Revert to City - Except for the right of any sublessee to remove personal property (subject to Sections 23 and 24) at the expiration of the Lease, all permanent Improvements placed or constructed on the Premises by Developer revert to City. D. Holdover - Any holding over by Developer of the Premises after the expiration or other earlier termination of this Lease shall be on a month -to -month tenancy at sufferance, at the then current monthly rent and subject to surrender upon thirty (30) days' prior written notice. Failure to timely surrender the Premises following such written notice subjects Developer to a monthly holdover fee of the then current monthly rent for each month of delay. 25. Re- delivery of Premises: Upon the expiration or earlier termination of this Lease, Developer shall deliver the Premises to City peaceably, quietly and in as good condition as the same now are or may be hereafter improved by Developer or City, normal use and wear thereof excepted. In addition to a landlord's lien provided by the law of the State of Texas, the City has a contractual lien on all property of Developer on the Premises as security for nonpayment of rent. 26. Developer's Maintenance Obligations: A. Premises - Developer shall maintain the Premises and Improvements in good appearance and repair and in a safe condition at its expense. Developer shall maintain, repair, replace, paint, or otherwise finish all leasehold Improvements on the Premises (including, without -462- 11 limitation, walls, partitions, floors, ceilings, windows, doors, and glass, and all furnishings, fixtures, and equipment therein). AU of the maintenance, repairs, finishing and replacements must be of quality at least equal to the original in materials and workmanship. Developer shall, as much as practicable, ensure that the Premises are maintained free of foreign object debris. B. Quality of Maintenance - It is the intent of Aviation Director and Developer that the Improvements will be maintained in a manner that shall keep the Improvements intact, in good repair, and in a condition so that said Improvements will be usable at the end of the Lease. Developer must comply with the maintenance obligations and with all- applicable governmental laws, rules, or regulations. Aviation Director is the sole judge of the 'quality of Developer's maintenance, which must be reasonable and consistent with other properties. Aviation Director may at any time, during City's normal business hours, upon prior notice unless an emergency exists, enter upon the Premises to determine if the maintenance requirements of this Lease are being complied with. Aviation Director must notify Developer in writing of any default. If the required maintenance in Aviation Director's notice to Developer is not commenced within fifteen (15) business days after receipt of such written notice, or is not diligently prosecuted to completion, Aviation Director may enter upon the Premises and perform the subject maintenance, and Developer agrees to reimburse the Airport for its cost plus a fifteen percent (15 %) administrative fee within thirty (30) days after Aviation Director's written demand therefore, together with copies of all paid receipts for such repairs and maintenance. C. Correct Hazards - Developer must immediately correct or cause to be corrected any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or after receipt of notice from Aviation Director. At Aviation Director's reasonable discretion, the operations in the Premises, or affected portion of the Premises, may be restrained or stopped until the hazardous or potentially hazardous condition is removed or corrected. 27. City's Obligations: A. To operate the Corpus Christi International Airport as a public airport during the Lease term, subject to the assurances given by City to the United States Government. B. To make water, gas and wastewater service available to the Premises property line on the same basis as it is made available to all businesses operating at the Airport. Developer must pay in full all utility usage charges for water, gas, wastewater, electricity and other utilities supplied to the Premises during the Lease term as the charges become due and payable. 28. Indemnification: A. General -- Developer must indemnify, hold harmless, defend and insure the City, its officers, agents, and employees from and against any and all claims and causes of action, administrative proceedings, judgments, penalties, fines, damages, losses, demands, liabilities, or expenses whatsoever (including reasonable attorney's fees and costs of litigation, mediation and/or administrative proceedings) which may be brought, alleged, or imposed against the City, its officers, agents, or employees arising directly or indirectly from or in any way connected with (1) any property damaged or loss, personal injury, including death, or adverse effect on the environment arising out of Developer's action or inaction with regard to the operations of Developer hereunder, including the use or occupancy of the Premises, or in providing access to secured areas of the Airport as set out herein, excepting only that liability as may result from the gross negligence or the willful misconduct of the City, including its officers, agents, and employees; (ii) the failure of Developer, its officers, agents or employees, to comply with the terms and -463- 12 conditions of this Lease, or to comply with any applicable federal, state, or local laws, rules, regulations, or orders including, but not limited to, any and all applicable federal, state, or local environmental laws, rules, regulations, or orders; or (Ili) release of any hazardous or regulated substances or waste onto, into, or from the Premises or other Airport property, connected in any way with the operations or the action or inaction of the Developer its officers, agents or employees, regardless of whether the act, omission, event, or circumstance constituted a violation of applicable law at the time of the occurrence. The rights and obligations set forth in this paragraph shall survive the expiration or earlier termination of this Lease. B. Special Claims - Developer agrees to defend, at its own cost, and to protect, indemnify, and otherwise hold harmless, the City, including its officers, agents, and employees (including but not restricted to the posting of bond and release of attachment) from and against any and all claims in any way arising out of or in connection with the construction, repair, or maintenance work undertaken hereunder by, through or on behalf of Developer, including but not restricted to attachments, liens or levies, and whether or not the claim is meritorious, made, failed or asserted by any party other than Developer or Sublessee against the City, including its officers, agents, and employees or the Premises or Improvements thereon or part thereof, or monies owing to the Airport. C. Notice - Notwithstanding the above identifications, Developer must give Aviation Director notice of any matter covered hereby and forward to Aviation Director copies of every demand, notice, summons, or other process received in any claim or legal proceeding covered hereby within ten (10) working days of Developer's receipt of said notice, demand, summons, or other process. D. Intentionally omitted. 29. Insurance: Developer must provide insurance in the amounts and types of coverages required by the City's Risk Manager ( "Risk Manager"), a copy of which is attached and incorporated as Exhibit C. Developer must cause certificate(s) of insurance to be provided to the Aviation Director and Risk Manager thirty (30) days prior to the annual anniversary date of the effective date of the Lease, which shows the level and type of insurance. The issuer of the certificate of insurance must provide Aviation Director thirty (30) days written notice, by certified mail, prior to cancellation, non - renewal, or material change in the insurance policy(ies). Risk Manager will annually assess the level and types of insurance required by the Lease. Risk Manager can reasonably increase or decrease the level or types of insurance by giving Developer notice no Tess than sixty (60) days prior to the annual anniversary date of the effective date of the Lease. Developer shall have thirty (30) days to procure the changed insurance and provide written proof of insurance to Aviation Director. All insurance required by this Lease must be primary insurance and not in excess of or contributing with other insurance which Developer may carry. All policies must name City as an additional insured. The applicable insurance policies required by this Lease must apply separately to City as if separate policies had been issued to Developer and City. The amounts of all required insurance policies must not be deemed a limitation of Developer's covenant to indemnify City and, if Developer or City becomes liable in an amount in excess of the amount(s) of said policies, then Developer must indemnify City from the whole -464- 13 thereof, except in the event of grossly negligent or willful misconduct on the part of City, its officers, or employees. 30. Notice: Notices are sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service with proof of delivery, or by facsimile followed by written notice confirmed by mail or other delivery service, as addressed below: If to City: Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 Office: (361) 289 -0171 Fax: (361) 289 -1251 If to Developer: Corpus Christi Developments 1, L.L.C. doing business as Corpus Christi FXG, L.L.C. 4520 Madison, Suite 100 Kansas City, Missouri 64111 Office: (816) 389 -5700 Fax: (816) 389 -5701 Anv notice required to be (liven to Sublessee: FedEx Ground Package System, Inc. 1000 FedEx Drive Moon Township, PA 15108 Attention: Real Estate Department — Facility #784 Office: (412) 269 -1000 Fax: (412) 859 -2655 Or to any other address that may be designated in writing from time to time by the parties. 31. GENERAL PROVISIONS: A. Mineral Rights - City expressly reserves all water, gas, oil and mineral rights in and under the soil beneath the Premises in which it holds an interest, but testing for and/or removal of any such City -owned gas, oil, or minerals shall be done in a manner so as not to disturb the Premises or disrupt the operation of the business being conducted thereon. B. No Waiver of Forfeiture - Any failure or neglect of City or Developer at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive City's or Developers right thereafter to declare a forfeiture for like or other or succeeding breach or default. C. Force Majeure - Neither City nor Developer will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations hereunder by reason of force majeure. "Force Majeure" for the purposes of this Lease means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, including inclement weather and/or periods of rain or snow, inability to obtain labor or materials, or reasonable substitutes therefore, governmental restrictions or requirements, governmental regulations, governmental controls, inability to timely obtain governmental approvals, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform. All of the foregoing events excuse the performance by either party for a —465— 14 period equal to any prevention, delay, or stoppage, including the obligations imposed with regard to commencement or payment of rental and other charges to be paid by Developer pursuant to this Lease and the obligation of City to deliver the Premises. D. Quiet Enjoyment - City covenants that it has the authority to execute this Lease, that at commencement of the Lease, City has good title to the Premises and that throughout the term hereof, Developer will have peaceful and uninterrupted possession of the Premises subject to Developer's payment of rent and other charges and to its performance of the covenants of this Lease. City agrees to remedy any violation of quiet enjoyment caused by City or one of the other tenants and to honor Developer's tenancy for the term of the Lease. E. Rules and Regulations - Aviation Director may adopt and enforce reasonable rules and regulations to be uniformly applied to similar uses and users of similar space, which Developer agrees to observe and obey with respect to the use of the Premises and the health, safety and welfare of those using the Premises. F. Venue - Venue of any action brought under this Lease lies in Nueces County, Texas, exclusively, where the Lease was executed and will be performed. G. Successors and Assigns - Subject to the limitations upon assignment and transfer herein contained, this Lease binds and inures to the benefit of the parties hereto, and their respective successors and assigns. H. No Third Party Benefit - No provision of this Lease creates a third party claim against the City or the Developer beyond that which may legally exist in the absence of any such provision. I. Taxes and Licenses - Developer must cause to be paid any and all taxes of whatever character, including ad valorem and intangible taxes, that may be levied or charged upon the Premises, leasehold Improvements, or operations hereunder and upon Developer's rights to use the Premises, whether the taxes are assessed against Developer or City, prior to the past due date. Developer shall cause to be paid any and all sales taxes arising in connection with the occupancy or use of the Premises whether the taxes are assessed against the Developer, any sublessee or City. Developer must obtain and pay for all licenses or permits necessary or required by law for the construction of Improvements and must require any sublessee to obtain and pay for all licenses and permits necessary or required by law for the installation of equipment and furnishings and any other licenses necessary for the conduct of its operations hereunder. If Developer wishes to contest any tax or charge, that contest will not be a default under the Lease so long as Developer diligently prosecutes the contest to conclusion and promptly pays whatever tax is ultimately owed. Further, Developer shall cause any taxes not being contested to be paid prior to the past due date. J. Trash and Refuse - Developer must arrange for the collection and lawful disposal of all trash and other refuse resulting from operations on the Premises; must provide and use suitable sealed fireproof receptacles approved by Aviation Director for all trash and other refuse generated by the use of the Premises; must prohibit piling of boxes, barrels or other similar items in or within view from a public area; must comply with all applicable laws and regulations relative to trash disposal; and must pay or cause to be paid the costs associated with trash removal and disposal. K. Terms Binding on Successors and Assigns - All of the terms, covenants and agreements herein contained shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of Developer and City. —466— 15 L. Estoppel - Both parties agree that, at any time and from time to time at reasonable intervals, within fifteen (15) business days after written request by the other party, said receiving party will execute, acknowledge and deliver to the party designated by the requesting party, a certificate in a form as may from time to time be provided, certifying to the extent true and correct the following, as well as any other provision reasonably requested by the other party: (a) that Developer's Sublessee has entered into occupancy of the Premises and the date of said entry if requested; (b) that this Lease is in full force and effect, and has not been assigned, modified, supplemented or amended in any way (or if there has been any assignment, modification, supplement or amendment, identifying the same); (c) that this Lease represents the entire agreement between City and Developer as to the subject matter hereof (or if there has been any assignment, modification, supplement or amendment, identifying the same); (d) the date of commencement and expiration of the term; (e) that all conditions under this Lease to be performed by City, if any, have been satisfied (and if not, what conditions remain unperformed); (f) that, to the knowledge of the signor of said writing, no default exists in the performance or observance of any covenant or condition in this Lease and there are no then - existing defense or offsets against the enforcement of this Lease by City or, instead, specifying each default, defense or offset of which the signor may have knowledge; and (g) the amount of rent or other charges, if any, that has been paid in advance and the amount of security, if any, that has been deposited with City. M. Leasehold Mortgage - As used herein, "Leasehold Mortgage" means the mortgage or deed of trust covering Developer's leasehold interest in this Lease given by Developer to leasehold mortgagee to secure repayment of funds advanced or to be advanced by a leasehold mortgagee to Developer to construct facilities on the Premises (the "Project "). As used herein, "Leasehold Mortgagee" means the mortgagee or beneficiary under the Leasehold Mortgage. As used herein, "mortgage" means any mortgage, deed of trust or other indenture consisting of a lien on Developer's leasehold interest created hereunder, together with a promissory note or obligation or bond which it secures. Subject to the conditions set forth herein, Developer may mortgage its leasehold interest created hereunder, solely for the purpose of (1) obtaining financing to construct the Project, including any additional construction or alteration thereof, made subsequent to the initial construction, (2) refinancing said construction mortgage, and (3) providing financing in connection with the assignment or transfer by Developer of its interest in this Lease and its leasehold interest created hereunder; provided, however, that with respect to the financing described in clauses (2) and (3) above, the principal amount of any mortgage must not be greater than the original principal amount of the mortgage obtained to construct the Project, including any additional construction or alteration thereof, made subsequent to the initial construction, and as provided: 1. Said mortgage in no way affects or diminishes City's interest in the Premises, or its rights under this Lease, nor relieves Developer of any of its obligations hereunder; 2. Under no circumstances is City's leasehold interest in the Premises subordinate to said mortgage; 3. Said mortgage covers no interests in any real property other than Developers leasehold interest in the Premises hereunder; and 4. The making of said mortgage by Developer will not be deemed to constitute an assignment or transfer of this Lease, nor will any mortgagee be deemed an assignee or transferee of this Lease. 5. Rights of Leasehold Mortgagees: a. No Leasehold Mortgage is binding upon City in the enforcement of -467- 16 its rights and remedies under this Lease unless and until a copy thereof has been delivered to Aviation Director; b. City Manager agrees to execute an estoppel certificate and any other similar documentation as may reasonably be required by Leasehold Mortgagee so as to certify to the status of this Lease and to the performance of Developer hereunder as of the date of said certification; c. Developer shall furnish Aviation Director a written notice setting forth the name and address of any Leasehold Mortgagee; and d. If a Leasehold Mortgagee . or purchaser at foreclosure of the mortgage acquires Developer's leasehold interest in the Premises by virtue of the default of Developer under the mortgage or otherwise, this Lease will continue in full force and effect so long as Leasehold Mortgagee or purchaser at foreclosure is not in default hereunder, including the obligation to timely pay rent. For the period of time during which Leasehold Mortgagee or any purchaser at foreclosure of a mortgage holds Developer's leasehold interest in the Premises, Leasehold Mortgagee or said purchaser becomes liable and fully bound by the provisions of this Lease. 6. With respect to any Leasehold Mortgagee of the Premises, City agrees that the following apply: a. If requested by a Leasehold Mortgagee, who is duly registered in writing with Aviation Director, any notice from City affecting the Premises must be simultaneously delivered to Developer and said Leasehold Mortgagee at its registered address, and if so registered, no notice of default or termination of this Lease affecting the Premises given by City shall be deemed legally effective until and unless like notice has been given by Aviation Director to said Leasehold Mortgagee; b. Any Leasehold Mortgagee entitled to said notice shall have any and all rights of Developer with respect to the curing of any default hereunder by Developer; and c. City will not enter into any material modification of this Lease affecting the Premises without the prior written consent thereto of each Leasehold Mortgagee entitled to notice as provided in this Section 31. The foregoing does not apply nor may it be construed to apply to any right City may have to terminate this Lease pursuant to its terms. Developer must provide any Leasehold Mortgagee with notice of any proposed modification. 7. If City elects to terminate this Lease for any material default by Developer with respect to the Premises, the Leasehold Mortgagee that has become entitled to notice as provided in this section has not only any and all rights of Developer with respect to the curing of any default, but also the right to postpone and extend the specified termination date of the Lease ( "Leasehold Mortgagee's Right to Postpone"), contained in any notice of termination by City to Developer ( "Termination Notice "), for a maximum of ninety (90) days, subject to the following conditions: a. Leasehold Mortgagee must give Aviation Director written notice of the exercise of Leasehold Mortgagee's Right to Postpone at least ten (10) days prior to the date of termination specified by Aviation Director in the Termination Notice and simultaneously pay to City all amounts required to cure all defaults then existing (as of the date of the exercise of Leasehold Mortgagee's Right to Postpone) which may be cured by the payment of a sum of money. —468— 17 b. If Leasehold Mortgagee's Right to Postpone is exercised, Leasehold Mortgagee must pay any sums and charges which may be due and owing by Developer and promptly undertake to cure, diligently prosecute, and as soon as reasonably possible, complete the cure of all defaults of Developer with respect to the Premises which are susceptible to being cured by Leasehold Mortgagee. Leasehold Mortgagee's exercise of its Right to Postpone may extend the date for the termination of this Lease specified in the Termination Notice for a maximum of six (6) months. c. If, before the date specified for the termination of this Lease as extended by a Leasehold Mortgagee's exercise of its Right to Postpone, Leasehold Mortgagee has performed and observed all of Developer's covenants and conditions under the Lease with respect to the Premises and no further defaults with respect to the Premises have occurred which have not been timely cured, then all defaults under this Lease, with respect to the Premises, will be deemed to have been cured and City's Termination Notice will be deemed to have been withdrawn. d. Nothing herein may be deemed to impose any obligation on City's part to deliver physical possession of the Premises to a Leasehold Mortgagee. e. If more than one Leasehold Mortgagee seeks to exercise any of the rights provided for in this Section 31, the most senior lien holder is entitled, as against the others, to exercise said rights. Should a dispute arise among Leasehold Mortgagees regarding the priority of lien, Leasehold Mortgagees must provide evidence substantiating the correct priority of the competing liens to the satisfaction of the City Attorney prior to taking any action with respect to exercising said Iienholder rights. N. Intentionally Omitted. O. Radio Antenna - Subject to Aviation Director's prior written approval as to height and location, which will not be unreasonably withheld, conditioned or delayed, Developer may furnish and install, at its own expense, a radio antenna either adjacent to the Improvements or on the roof of the Improvements on the Premises subject to (a) any and all federal, state and local laws, ordinances, statutes, rules, regulations and orders applicable thereto; (b) Developer's obtaining any and all building and other permits, licenses and other approvals with respect thereto; (c) the antenna and building both must be structurally sound and not adversely affect the soundness of, or the condition of, the roof and/or other parts of the building; and (d) any and all costs of maintaining and operating the same must be paid entirely by Developer. Upon the expiration or earlier termination of this Lease, Developer shall cause the removal of the antenna(s) and the restoration of any damage to the Improvements and Premises caused by the installation and/or removal thereof. Developer shall be responsible for all costs for the repair and maintenance of said installation of the antenna. P. Intentionally Omitted. Q. Intentionally Omitted. R. Delegation — Any obligations of the Developer required by this Lease may be delegated to any sublessee by the terms of the sublease between the parties, provided that such delegation shall not relieve Developer of its liability and responsibilities under this Lease. —469— 18 EXECUTED IN DUPLICATE ORIGINALS this day of September, 2010, by the authorized representative of the parties. Attest: Armando Chapa City Secretary oved - s to legal or on ? 3/2010 Eliza •/ R. Hundley Assistant City Attorney for the City Attorney City of Corpus Christi `Angel R. Escobar City Manager Developer: Cor us C isti 1 elopm = nts 1, L.L.C., doing business as Corpus Christi FXG, L.L.C. By: Name: Kevin R. Jones Title: Managing Member Date: September 2, 2010 ACKNOWLEDGMENT STATE OF MISSOURI § COUNTY OF JACKSON § KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on September 2, 2010, by Kevin R. Jones, an authorized representativeo, Corpus Christi Developments 1, L.L.C., doing business as Corpus Christi FXG, L.L.C., a Texoc iim`` ed liability company, on behalf of the company. "„ "y "mow KATHLEEN NEEDHAM / tfY pNOTARY PUBLIC _— - ', NOTARY SEAL Not�lic, State of Missouri Stye of Misspw1 JockSon Comer/ My Commission Expires 401 12, t —470— 19 WV Inc. !ENCUMBERS & CONSULTANTS 801 Navigation, Butts 300 Scopus Christi, TOM 78408 fir. (311) Se3.1904 pan (841) 883.1980 Field note description fbr an 8.15 acre tract of land out of Block 23, I C. Russell Farm Blocks, a sub- division of Nueces County, Texas, recorded in Volume 3, Page 53, Map Records, Nueces County, Texas Map Records, said 8.18 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a 518 inch iron rod set in the Northeast right of way line of Pinson Drive, for the most Westerly and beginning comer of the tract herein described, from whence the intersection of the Northeast right of way line of said Pinson Drive and the Southwest right of way line of State Highway 44, bears North 37° -07' -37" West, a distance of 703.39 feet; Thence North 45°- 18' -15" East; within said Block 23, J. C. Russell Farm Blocks, at approximately 515.55 feet pass the center of a pipeline running Bast West in all, a distance of 517.77 feet to a 518 inch iron rod set fbr the Northwest corner of the tract herein described;. Thence South 89° -09' -43" East, at approximately 17.41 feet pass the center of a pipeline in all a distance of 159.83 feet to a 518 inch iron rod set fora corner ofthe tract herein described; Thence South 44 ° -41' -45" East, a distance of 393.51 feet to a 518 inch iron rod set for a corner of the tract herein described; Thence South 18°- 39-58" East, still within said Block 23.7. C. Russell Pater Blocks, a distance of 163.72 feet to a 5/8 inch ion rod found in the adopted north right of way line ofBusiness Centre Boulevard, for the most Easterly corner ofthe tract herein described; Thence in a Westerly and Southwesterly direction with said adopted North and Northwest right ofway line of said Business Centre Boulevard, and with the arc of a circular curve to the left; whose Central Angle is .43°-0V-52", whose Radius is 330.00 feet, Chord Bearing N 67 ° -07' -49" E, an Arc Distance of 247.84 feet tot a 5/8 inch iron rod found for the P.T. of said curve and for a corner ofthe tract herein described; Thence South 45°- 36' -53" Wert, with the adopted Northwest right of way line of said Business Centre Boulevard, a distance of 319.92 feet to a 518 inch iron rod found for the Point of Curve of a circular curve in the Northeast tight ofway line of said Pinson Drive and for a corner of the point herein described; PAGE 1 Thence in a Westerly and Northwesterly direction, with the arc of said circular curve, whose Central Angle is 1.9t41'-22" whose Radius is 15.00 ibet, a Chord Bearing N 89=32'-26" W, an Are Distance of 23.48 feet to a 518 inch iron rod found fur the Point of Tangency of said curve and for a comer of the tract herein described; Thence North 44 °- 41' -45" West, with the Northeast right of way line of said Pinson Drive, a distance of 546.32 tbet to the Point of Beginning. Containing more or less 8.15 acres of land. Basis for Bearings Texas State Plane, Zone 4205, Texas South Zone (NAD -83). State of Tam County of Naeeea I, Horatio Oliveira, a Registered Professional Land Surveyor, of LNV Inc, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a surrey made on the ground under my direction, and that ibis description conforms to the current Texas Surveyor's Association Standards and Specifications for a Category 1 -A, Land Title Survey. • This the Zr day of /RNA/ 2010. Horaeio Oliveira State of Telraa License No. 1415 PAGE 2 mom NUPE 1< X acme • 64439' 6 *NOW F sum' INSIIIMMEEQUIREMENTS 1. LBSSEE'SJ JATIII.ITY JN,SI fRAN(1? A. The Lessee must not commence work under this agreement until he/she has obtained all insurance required herein and such insurance has been approved by the City Manager, or designee, C'City Manager"). Nor may the Lessee allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. Each subcontractor must obtain equivalent insurance as that required of Lessee. 8. The Lessee must furnish to the City's Risk Manager 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all certificates Bodily Injury and Property Damn* Commercial General Liability including: I. Commercial Form 2. Pren7lscs - Operations 3. Products/ Completed Operations Hazard 4, Contractual Insurance 5, • Broad Fonn Property Damage 6. Independent Contractors 7. Personal Itgury $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY—OWNED NON -OWNED OA RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH 1I OF THIS EXHIBIT $100,000 BUILDERS RISK 1. All Risk Fonn Equal to total cost of construction, must be carried until construction h completed and accepted by Lessee. In the event of' future canstntctian, this requirement will apply in the same manner the total cost of construction. PROPERTY and CAUSUALTY INSURANCE Against Ion or damage to improvements due to Ore, lightning and all other perils included in standard extended coverage policies Including vandalism and malicious mischief + S NO LESS THAN 90% OF REPLACEMENT VALUE, requirement begins upon completion and eviceptsnae of construction by Lessee. C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager with copies of all reports ofsuch accidents at the same time that the reports are forwarded to any other interested Mies. MDC/Airborne Express ins. rest. 9.2-99 ep Risk Mgmt. Ii. ADDITIMIALIMMEMEbin A. The Lessee must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract forcoverage must be written on apolicy and endorsements approved by the Texas Department of Insurance. If such coverage is provided through self - insurance, then within 10 calendar days after the date the Contract Administrator requests that the Lessee sign the contract documents, the Lessee must provide the Risk Manager with a copy of its certificate of authority to self- insure its workers' compensation coverage, as Well as a letter signed by the Lessee stating that the certificate of authority to self - insure remains in effect and is not subject to any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the Lessee, 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 Lessee must immediately provide written notice of such facts to the City Manager, by certified mail, return receipt requested directed to City of Corpus Christi, Aviation Department, P.O. Box 9277, Corpus Christi, TX 78469- 9277 - Attention: Contract Administrator. Whether workers' compensation coverage la provided through a licensed insurance company or though self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Certificate of Insurance: C. * The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. If your insurance company uses the standard ACORI) form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "lest". s' The name of the project must be Iisted under "Description of Operations" * At a minimum, a 30 -day written notice of change or cancellation is required. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.B (1) -(8), an authorized representative ofthe insurance comfy must include a letter specifically stating whether items 1.B. (1) -(8) are included or excluded. III. A completed Disclosure of Interest must be submitted with your proposal. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A THIRTY -YEAR LEASE WITH CORPUS CHRISTI DEVELOPMENTS 1, L.L.C., DOING BUSINESS AS CORPUS CHRISTI FXG, L.L.C. ( "LESSEE "), WITH TWO TEN -YEAR OPTIONS TO RENEW, FOR APPROXIMATELY 356,320 SQUARE FEET FRONTING PINSON DRIVE (INDUSTRIAL PARK) TO CONSTRUCT A DISTRIBUTION FACILITY AND RELATED IMPROVEMENTS IN CONSIDERATION OF LESSEE PAYING $.09 CENTS PER SQUARE FOOT FOR UNIMPROVED LAND INCLUDING AN ADJUSTMENT OF UP TO 3% EVERY FIVE YEARS AS SET OUT IN THE LEASE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a thirty -year lease with Corpus Christi Developments 1, L.L.C., doing business as Corpus Christi FXG, L.L.C. ( "Lessee "), with two ten -year options to renew, for approximately 356,320 square feet fronting Pinson Drive (Industrial Park) to construct a distribution facility and related improvements in consideration of Lessee paying $.09 cents per square foot for unimproved land including an adjustment of up to 3% every five years as set out in the lease. A copy of the lease is attached to this ordinance as Exhibit A and will be placed on file with the City Secretary's Office. SECTION 2. Publication of this ordinance will be made in the legal section of the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. Pursuant to City Charter, Article IX, Section 3(a), the publication expenses shall be paid by the Lessee. SECTION 3. If, for any reason, any word, phrase, clause, paragraph, subdivision, or section of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not affect any other word, phrase, clause, paragraph, subdivision, or section, for it is the definite intent of the City Council that every word, phrase, clause, paragraph, subdivision, or section of this ordinance be given full force and effect for its purpose. EHord311 revd22 —477— 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 The foregoing ordinance was read for the second time and passed to its final 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 PASSED AND APPROVED this day of , 2010. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form: September 3, 2010 Eliza th R. Hundley Assi - nt City Attorney for the City Attorney EHord311 revd22 —478— -479- r Z v � 3Wc1s13 1 •••• CD 0 rt 0 0 CO ...• N n CD 71; 00 n -480- • u • 'IMMO; co C 0 _• y 0 -soft. n n Internahonal D. -482- nnainaanp ;uewdoleAeG puo, aanind 33 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 9/14/10 AGENDA ITEM: RESOLUTION URGING THE U.S. ENVIRONMENTAL PROTECTION AGENCY AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TO REACH A COMPROMISE ON THE ISSUE OF FLEXIBLE PERMITS IN A MANNER THAT PROVIDES REGULATORY CERTAINTY TO OUR LOCAL REFINING INDUSTRY IN THE INTEREST OF PROTECTING HEALTH AND SAFETY, JOBS, AND FUTURE INVESTMENT IN OUR COMMUNITY ISSUE AND BACKGROUND: At the request of City Council, this resolution is being brought before Council to express our community's concern over the ongoing dispute between the U.S. Environmental Protection Agency and Texas Commission on Environmental Quality over the issue of flexible permitting. Two refining facilities in the Corpus Christi community have been impacted by this dispute; both Valero and Flint Hills. This resolution provides an overview of the dispute in question and expresses our concern over the ultimate economic impact of the regulatory uncertainty created by this standoff between state and federal agencies. Our request is that the two agencies resolve this dispute in a manner that protects our citizen's health while at the same time preserving the health of our economy. BACKGROUND The following is a timeline of action taken by the TCEQ and EPA on the issue of flexible permitting: • The State of Texas air permitting program began in 1971 through the Texas Natural Resources Conservation Commission (predecessor of the TCEQ), with a large number of pre - existing facilities that were "grandfathered" into the program. • The Flexible Permit Program was established in 1994 in an effort to "incentivize grandfathered oil and gas refineries to voluntarily enter the State's air permitting and environmental regulation program" as described by the Texas Attorney General's office. • Facilities that were previously exempted because of their grandfathered status agreed to submit to state regulation because the program offered them operational flexibility between units under the "Flex Permit" program, thus eliminating any " grandfathered" facilities in the State of Texas. • The TCEQ submitted the "Flex Permit Program" to the EPA for approval in 1994, with no action being taken by the agency at that time. Under federal guidelines, the EPA was required to take action within one year or approval being granted by inaction, which remains a point of contention between the agencies. • Since that time the TCEQ has issued numerous permits under the "Flex Permit Program" including permits to the two facilities in Corpus Christi. • On June 16, 2010, the TCEQ published draft rules to amend the "Flex Permit Program" in an effort to address perceived concern by the EPA over the program. • On July 15, 2010, the EPA summarily disapproved of the State of Texas' "Flex Permit Program" as being in violation of the 1990 Clean Air Act. • On July 26, 2010, the State of Texas filed a legal challenge to the EPA's decision. REQUIRED COUNCIL ACTION: Adoption of the attached Resolution. CONCLUSION AND RECOMMENDATION: As requested and if approved by Council, Staff recommends the adoption of the attached resolution. Ru . y D. Garza Intergovernmenta rudyga @cctexas.com 361 -826 -3082 Iations Direc Pagel of 4 RESOLUTION URGING THE U.S. ENVIRONMENTAL PROTECTION AGENCY AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TO REACH A COMPROMISE ON THE ISSUE OF FLEXIBLE PERMITS IN A MANNER THAT PROVIDES REGULATORY CERTAINTY TO OUR LOCAL REFINING INDUSTRY IN THE INTEREST OF PROTECTING HEALTH AND SAFETY, JOBS, AND FUTURE INVESTMENT IN OUR COMMUNITY WHEREAS, since 1971, the State of Texas began the current air permitting program through the Texas Natural Resources Conservation Commission, predecessor agency to the Texas Commission on Environmental Quality; WHEREAS, in the early stages of the State of Texas air permitting program, a large number of pre - existing facilities were "grandfathered" into the program, a practice which remains the case in many other states around the country to this day; WHEREAS, in an effort to incentivize grandfathered facilities to voluntarily enter the State's air permitting and environmental regulation program, in 1994, Texas Commission on Environmental Quality (TCEQ) implemented the Texas Flexible Permitting Program, an alternative mechanism for Texas industry to comply with the Clean Air Act and US Environmental Protection Agency (EPA) rules; WHEREAS, the Texas Flexible Permitting Program required facilities to install emission control equipment along with Continuous Emissions Monitoring Systems (CEMS) and establish emission caps for entire sites using Best Available Control Technology (BACT); WHEREAS, since its inception, more than 120 Texas flex permits have been issued for this model program, including participation by the Port Industries of Corpus Christi; WHEREAS, the Texas Flexible Permitting Program provides significant benefits to the environment and business through lower emissions in return for greater operational flexibility that allows Texas industry to respond to the global marketplace and maintain a competitive position; WHEREAS, all Texas industries total air emissions for the State of Texas have decreased by 41.3 % from 1998 -2008, with petroleum industry alone achieving a 46.6% emission reduction while adding billions of dollars to the Texas economy; WHEREAS, since 1994, federal recognition regarding the practice of issuing flexible permits has been sought through EPA; - WHEREAS, on July 15, 2010, the EPA summarily disapproved of the Texas Flexible Permit Program as being noncompliant with federal law under provisions of the Clean Air Act of 1990; TCEQ -EPA Flex Permitting Resolution 09082010 —487— Page 2 of 4 WHEREAS, local industry is a key part of Texas and our nation's refining capacity and provides tremendous economic benefit to our community by providing thousands of jobs, hundreds of millions of dollars in salaries, property taxes, local good purchases, and charitable donations annually; WHEREAS, in order to meet requirements of the Texas Flexible Permitting Program, local industry invested hundreds of millions of dollars in emission control equipment such as LoNox bumers, scrubbers, vapor recovery systems for marine and truck loading operations, and enhanced LDAR (Leak Detection and Repair) programs in order to attain more than 60% in overall local emission reductions since the inception of the program; WHEREAS, these significant emission decreases were achieved at the same time industry produced new cleaner burning transportation fuels that also enhanced air quality by reducing tail pipe emissions; WHEREAS, the petrochemical industry in Corpus Christi, which represents fifty percent of our community's gross metro product, has been impacted by this flexible permit dispute between state and federal agencies, which has called into question future investment in our community and raised a high degree of regulatory uncertainty for the future of our economy; WHEREAS, our community has seen improvements in air quality over the last 15 years, in large part through programs, such as the Texas Flexible Permit Program, and other voluntary measures that exceed state and federal requirement, in an effort to maintain our community's attainment status for ozone; WHEREAS, these local flex permit program initiatives combined with above and beyond efforts by businesses, such as the production of lower Reid vapor pressure fuels, installation of air monitoring networks, and organizations such as the Corpus Christi Air Quality Group and Pollution Prevention Partnership, who voluntarily work to identify other emission sources and implement community -wide emission reduction programs, such as ozone action day policies and school bus emission reduction retrofits; and WHEREAS, the City of Corpus Christi, Port industries of Corpus Christi, our local higher education institutions, and other community organizations have demonstrated a shared commitment to enhance air quality in the Coastal Bend in a manner that balances economic and environment sustainability for future generations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF. CORPUS CHRISTI, TEXAS: Section 1. The City supports a workable agreement between the. Texas Commission on Environmental Quality and U.S. Environmental Protection Agency that would bring Texas in compliance with the Clean Air Act. TCEQ -EPA Flex Permitting Resolution 09082010 —488— Page 3 of 4 Section 2. The City supports a compromise being reached outside of the courtroom in a manner which provides regulatory certainty for our local industry and protects existing and future jobs and investment in our community. Section 3. A copy of the resolution will be sent to the Executive Director of the TCEQ and Region 6 Administrator of the EPA as a sign of our community's willingness to work with our regulatory bodies at the state and federal levels to ensure our citizens are protected and that the economic implications related to this dispute remain a point of consideration throughout these negotiations. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 8th day of September, 2010. R. fining First Assistant ity Attorney For City Attorney TCEQ -EPA Flex Permitting Resolution 090820/0 —489— Corpus Christi, Texas of , 2010 The above resolution 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 TCEQ -EPA Flex Permitting Resolution 09082010 -490- Page4of4 34 AGENDA MEMORANDUM City Council Action Date: September 14, 2010 SUBJECT: Yorktown Boulevard — Staples to Cimarron (Bond 2008) Project No. 64641 CIP No. ST 21 Buckingham Estates Force Main and Oso Plant Effluent Line (CIP FY 2010) Project No. 74261 CIP No. WW 20 AGENDA ITEM: A. Motion rescinding the authority previously granted by Motion No. 2010 -129 passed by Council on June 8, 2010, which gave the City Manager or his designee the authority to execute an Agreement for Construction Materials Testing and Engineering Services with Arias & Associates Inc. of Corpus Christi, Texas, in the amount of $71,383 for Yorktown Boulevard - Staples to Cimarron. (Bond 2008). B. Motion authorizing the City Manager or his designee to execute an Agreement for Construction Materials Testing and Engineering Services with Rock Engineering and Testing Laboratory Inc. of Corpus Christi, Texas in the amount of $48,000 for Yorktown Boulevard — Staples to Cimarron. (Bond 2008) C. Motion authorizing the City Manager or his designee to execute an Agreement for Construction Materials Testing and Engineering Services with Rock Engineering and Testing Laboratory Inc. of Corpus Christi, Texas in the amount of $32,876 for Buckingham Estates Force Main and Oso Plant Effluent Line. (CIP FY 2010) ISSUE: On June 8, 2010, the City Council authorized a construction materials testing contract for Arias & Associates Inc. in the amount of $71,383 for Yorktown Boulevard - Staples to Cimarron. However, Arias & Associates Inc. did not meet the following lab certification requirements: to have a locally residing Professional Engineer working as their office manager in mid -July and to have their lab accredited by the American Association of State Highway and Transportation Officials (AASHTO) in August. Therefore, the Council is being asked to authorize construction materials testing contracts with Rock Engineering and Testing Laboratory Inc. of Corpus Christi for Yorktown Boulevard — Staples to Cimarron (Bond 2008) and Buckingham Estates Force Main and Oso Plant Effluent Line (CIP FY 2010), which has been combined with the Yorktown street construction project. FUNDING: Funding is available through the Streets CIP (Bond 2008) and FY 2010 Wastewater CIP Budget. RECOMMENDATION: Staff recommends approval of the motions as presented. Zeoef, Pete Anaya, P.E. Director of Engineering Services Additional Support Material: Exhibit "A" Agenda Background Information Exhibit "B" Prior Project Actions Exhibit "C" Project Budget Exhibit "D" Location Map 1-1: 11i0MEIRachalleLGENIStreels48484- Yorktown Blvd\Testingl2nd Construction Tasting {Smalls -To Council»Agenda Memadocx —493— AGENDA BACKGROUND INFORMATION SUBJECT: Yorktown Boulevard — Staples to Cimarron (Bond 2008) Project No. 64641 CIP No. ST 21 Buckingham Estates Force Main and Oso Plant Effluent Line (CIP FY 2010) Project No. 74261 CIP No. WW 20 CONSTRUCTION MATERIALS TESTING CONTRACTS DESCRIPTION: The Yorktown Boulevard project was bid in combination with another city project, Buckingham Estates Force Main and Oso Plant Effluent Line. Rock Engineering and Testing Laboratory Inc. of Corpus Christi will conduct construction materials testing for both projects. The Yorktown contract is in the amount of $48,000 and the Buckingham Estates Force Main contract is in the amount of $32,876. PROJECT DESCRIPTION: The construction contract for Yorktown Boulevard and Buckingham Estates Force Main and Oso Plant Effluent Line was awarded by Council on April 20, 2010 to Haas - Anderson Construction, Ltd. for the following: Group 1 Base Bid: Yorktown Boulevard — Staples to Cimarron (Bond 2008): Consists of the complete removal of an existing roadway and the construction of approximately 5,205 linear feet of new 4 -lane hot -mix asphalt concrete (HMAC) divided arterial street (two 32 -ft, back -to -back of curbs) with concrete sidewalks and associated pavement marking and signage improvements; along with 7,426 linear feet of storm water conduit improvements, 3,214 linear feet of waterline improvements, lighting and signalization improvements, and temporary traffic control. In addition to the base bid awarded by City Council, the following additive alternates were also awarded as part of the construction project for the Yorktown project: • Additive Alternate No. 2: Consists of constructing a 16" PVC wastewater effluent line from Yorktown to King's Crossing Ditch for future irrigation • Additive Alternate No. 3: Electrical Conduit for Future M.I.S. • Additive Alternate No. 4: R.T.A. Bus Stop Pads (4 Each) • Additive Alternate No. 5: Consists of constructing a 16" PVC wastewater effluent line to Bill Witt Park for future irrigation at the park Group 2 Base Bid: Buckingham Estates Force Main and Oso Plant Effluent Line (CIP FY 2010): Consists of installing 5,110 linear feet of an 18 -inch, C -905 PVC Buckingham Estates Force Main; installing 1,070 linear feet of 8 -inch C -900 PVC waterline and 3 fire hydrants, complete with ductile iron mechanical joint fittings, new near -side water service connections and relocation of existing water meters' plus demolition consisting of removing 1,040 linear feet of an existing C -900 PVC waterline, including 3 fire hydrants, water service connections, meters; plus one Additive Alternate with all appurtenances further described below: H:11-101NE1Rachella1GEHtStreets %6464- Yorktown BIvd4Testingl2nd Construction Testing (Smalls -To CouncilMgenda Background2.doc - -494 -- EXHIBIT "A" Page 1 of 2 • Additive Alternate No. 1: Consists of constructing a 16" PVC wastewater effluent line from Cimarron to Loire Boulevard for future irrigation. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. H:I HOME\RechellelGENlStreets16464- Yorktown BlvdtTesting'2rtd Construellon Testing (Smalls -To CouncilMgenda Background2.doc —495— EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Yorktown Boulevard -- Staples to Cimarron (Bond 2008) Project No. 6464 / CIP No. ST 21 Buckingham Estates Force Main and Oso Plant Effluent Line (CIP FY 2010) Project No. 7426 / CIP No. WW 20 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) 4. April 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 — Resolution authorizing the City Manager or designee to submit a Nomination Form for the Transportation Enhancement Program to the Texas Department of Transportation in the amount of $1,353,868.00 for Yorktown Boulevard, Staples to Cimarron (BOND 2008) Landscaping Improvements Project with a City match of $338,467.00 in the No. 3546 Street GO CIP Fund (BOND 2008), and total construction cost of $1,692,335.00. (Resolution No. 028458) 6. April 20, 2010 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $6,335,425.45, for Yorktown Boulevard — Staples to Cimarron (Bond 2008) and Buckingham Estates Force Main and Oso Plant Effluent Line (CIP FY 2010) for the Total Base Bid Group 1 and Group 2 and Additive Alternate Nos. 2, 3, 4 and 5 for Group 1 and Additive Alternate No. 1 for Group 2; and directing staff to prepare and recommend an action plan to extend improvements to Yorktown Boulevard for the April 27, 2010 Council meeting. (Motion No. 2010 -087) 7. April 27, 2010 — Resolution regarding the Yorktown Boulevard extension action plan to extend street improvements from Cimarron Boulevard to Rodd Field Road to include use of excess Bond 2008 funds, and preparation for City Council approval of a professional services consultant agreement to provide for design services. (Resolution No. 028586) 8. June 8, 2010 - Motion authorizing the City Manager or his designee to execute an Agreement for Construction Materials Testing and Engineering Services with Arias & H:LHOME4Rachelle1GEN1Streets 16464 - Yorktown Elvd1Testing12nd Construction Tas4,gq ales -To Council)4Pricr Project Actions.doc EXHIBIT "B" Pag_e1of2 Associates Inc. of Corpus Christi, Texas, in the amount of $71,383 for Yorktown Boulevard — Staples to Cimarron. (Bond 2008) (Motion No. 2010 -129) 9. August 17, 2010 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 to the Contract for Professional Services with Freese & Nichols, Inc. from Corpus Christi, Texas in the amount of $636,003, for a total re- stated fee of $1,775,186 for the Yorktown Boulevard — Staples to Cimarron Project for the evaluation, design and preparation of construction documents for the extension of Yorktown Boulevard from Cimarron Boulevard to Rodd Field Road. (BOND ISSUE 20041 BOND ISSUE 2008) (Motion No. 2010 -189) 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. April 22, 2009 - Administrative approval of a Geotechnical Testing Agreement with Arias and Associates in the amount of $13,308.50 for Yorktown Boulevard — Staples to Cimarron. (BOND 2008) 5. November 22, 2009 -- Administrative Approval of Amendment No. 1 to the Contract for Professional Services with Freese and Nichols, Inc. in the amount of $48,500 for a restated fee of $1,048,371 for Yorktown Boulevard — Staples to Cimarron for design of an effluent line from Yorktown Boulevard to Kings Crossing Ditch and from the Cimarron Boulevard/Yorktown intersection to Bill Witt Park; for landscape and irrigation plans for Yorktown median improvements; and for storm water improvements on Bar - Le -Doc Street. (BOND 2008) 6. April 9, 2010 — Administrative Approval of Amendment No. 2 to the Contract for Professional Services with Freese and Nichols, Inc. in the amount of $48,000 for a restated fee of $1,096,371 for Yorktown Boulevard — Staples to Cimarron for activities required to support TxDOT's Statewide Transportation Enhancement Program, to accommodate TxDOT's Staples Street Median Improvement Project, and to incorporate Project No. 6464 and Project No. 7426 into a single award package. (BOND 2008) 7. Mav 5, 2010 — Administrative Approval of Amendment No. 3 to the Contract for Professional Services with Freese and Nichols, Inc. in the amount of $42,812 for a restated fee of $1,139,183 for Yorktown Boulevard — Staples to Cimarron for preparation of a Programmatic Categorical Exclusion for improvements to Yorktown Boulevard from Staples Street to Cimarron Boulevard. (BOND 2008) H: SHQMEIRachellelGEN4Streets16464- Yorktown BIvdlTestingl2nd Construction TestIb malls -To Council)IPrior Project Actions.doc EXHIBIT "B" Page 2 of 2 PROJECT BUDGET YORKTOWN BOULEVARD - STAPLES TO CIMARRON (BOND 2008) BUCKINGHAM ESTATES FORCE MAIN AND 080 PLANT EFFLUENT LINE Project Nos, 6464 & 7426 August 31, 2010 FUNDS AVAILABLE: Street CIP (Yorktown) $6,723,200.00 Storm Water CIP (Yorktown).............. ...... .,........ ......................... . ...... $1,440,300.00 Water CIP (Yorktown). $601,400.00 Wastewater CIP (Yorktown)... $273,810.00 Wastewater CIP (Buckingham Force Main) 990,000.00 * Previous Years' CIP ... 1,119,314.50 TOTAL............................. ............................... ....... $11,148,024.50 ......................... FUNDS REQUIRED: Construction (Haas- Anderson Construction, Ltd.) $6,335,425.45 Contingencies.......... ........ ..... ...... ........ ..... . ......................... 633, 543.00 Consultant Fees: * Consultant - Yorktown (Freese and Nichols, Inc.) 1,775,186.00 * Consultant - Buckingham (Coym, Rehmet & Gutierrez Engineering, L.P. 57,635.00 * Geotech Testing - Yorktown (Arias & Associates, Inc.) 13,308.50 Construction Testing - Yorktown (Rock Engineering) 48,000.00 Construction Testing - Buckingham (Rock Engineering) 32,876.00 Reimbursements: Contract Adminstration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Constr MgtlTraffic Mgt).. ..... ............ ..... Finance Issuance Misc. (Printing, Advertising, etc.) ........................... ............................... 174,224.00 221,740.00 79,193.00 31,677.00 TOTAL.......................................... ............................... $9,402,807.95 FUNDS REMAINING: $1,745,216.55 * The Consultant contracts for Yorktown and Buckingham, and Geotech Testing contract for Yorktown were encumbered under previous years' CIP. -498- EXHIBIT "C" Page 1 of 1 File : \Mproject \coueellexh \E464.dwg YORKTOWN BOULEVARD - STAPLES TO CIMARRON (BOND 2008) CITY COUNCIL EX IIBIT CITY OF CORPUS CHRISTI. TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: Toff DATE: 5-18-2010 499 o 0 E 0 2 O w _o E u o w tri) c 0 co u 0 0 u v) }+ u w 0 a. 4, 0 0 V 4, u au 0 a 0 0 0 0 0 ro 0 1 0 ai 0 CO 0 EN- 0 N 0 06 0 E O o O E C, Q N (o O 06 0 0 0 0 0 C D O o (6 co c O o a) a) a) O) U c O L 0 0 E O -0 o 0 U (6 E O c 0) 0 E E 0 0 0 Q 0) O c 0 0 E Lo c O J c 0 C a) O l- a) -0 N 0 0 0) O o U o O 0 • 11•1111 c E E O • 03 O C O zs V (i) ca tn W O V • 0 0 V O ■ I ' it 0 }' c 0 c < W a) a) > }' J -a a) Q ro Ce a--+ a--+ act N O = (, W N 2 fa Z C ro "0 a) c }, O - c o < o (1) a) ° >- > ( J -c O Q ' 0 0 1-1 a �1 u W u O 0 0 0 0 0 0 0 0 N CO N ti Cfl 69 69- 0 0 0 0 0 0 0 0 0 o — o - co o O CO N a) 69- 69- • c 0 s 0 >- LL U a) L a) a) --,,, -I-0 CO CO C 0 ^� o — U o a5 a_ U 0 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • c • 2 a) U O LL O O co O a U _ � U o_ co U a) a) co .2 a) > a) cu a $11,148,024.50 FUNDS REQUIRED: LO o o Lci c� N L.0 CO- CO CO CO CO Cfl 69- • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • J O O N 2 cp U . O O U U Consultant Fees: 0 0 0 0 0 0 oo Lc) oo 0 (fluicoocfl co co O O 1` ('r) co co o co co 1` CO- CO N- 1`.- L( CO ti • • • • • O u) O L U Z O (6 a) a) a) O O O c (6 U O 0 0 4c • • J O) O a) a) O .0) O W N 4) L a) V o 4) E L a) >, O U_ E (6 L O 2 COI U c (6 U O 0 0 1' • • • • • • • • O a) ro U O U U 06 U (6 c 0 0 O) O a) L U a) O a) 0 O a) a) O .0) O W U O O 0 O 0) c a) c O U 2 O O 0 O) O a) a) O 0) O W U O (6 c 2 U CO c a) c O U 2 O O 0 Reimbursements: $9,402,807.95 J 0 $1,745,216.55 FUNDS REMAINING: N Questions? 00 35 Rev. 9-10-10 Developer Trust Funds Fund Analysis and Proposed Modifications ~. City Council Request for Information During the August 24, 2010 Council meeting, staff was requested to: Provide information on the current status of the four developer trust funds Discuss the insolvency of the existing fund structure Discuss fee increases and restructuring proposed to remedy the insolvency 1 Trust Fund Balances as of July 31, 2010 Wastewater Water Arterial Main Water Distribution Wastewater Trunk Collection Line Fund Main Fund Line Fund Fund Fund Balances as of July 31, 2009 $1,580,769.82 $622,826.00 $783,583.02 $515,489.05 Deposits from 7/31/09 through 7/31/10 $285,318.13 $116,666.83 $318,721.54 $88,922.73 Reimbursements paid $7,084.00 ($4,223,80) ($405,966.40) ($145,178.51) Funds appropriated but no[ expended ($1,361,998.76) ($24,780.74) ($2,698,314.28) ($671,465.10) Fund Transfers $0.00 $0.00 $0.00 $0.00 Balance available @ July 31, 2010 $511,173.19 $710,488.73 ($2,001,976.12) ($212,231.83) 3 S. ~: Methodology for Evaluating Proposed Trust Fund Revenue Structure In previous analyses, future fund needs were based on estimates of future development activity Estimating future development activity and its needs includes too many variables to allow an accurate evaluation Evaluation logic was changed to apply proposed "revenue model" to actual historical development activity 4 2 Methodology for Evaluating Proposed Trust Fund Revenue Structure The Trust Funds history begins in 1982, but the most detailed fund information is available through the City's automated financial system records, beginning in FY 2000. This evaluation is based on analysis of fund activity from calendar year 2000 through calendar year 2007 The evaluation assumes fund balances of zero at the beginning of the analysis period. s ~: ~. Review of Water Arterial Fund History ~' Cumulative Revenue to Expenditure Comparison Water Arterial S Grid Main Fund $asoo,ooo.oo $a,ooo,ooo.oo _ J Kevenues -- ~- -=2~ $3,600,000.00 ~ Ex pend AUres -.-: -_- $3,000,000.00 $z,ooo,ooo.oo -' - 6` $~ soo,ooo.oo $~,ooo,ooo.oo _ _ ' ~ J $600,000.00 ~~ J $o.oo J ~ J 2000 2001 2002 2003 2004 2006 2006 2007 6 Calentlar Year 3 Review of Water Distribution Fund History % Cumulative Revenue to Expenditure Comparison Water Distribution Main Fund $aso,ooo 00 $aoo,ooo 00 Ret-en~e~ $360,000.00 ~ ~ Ez pendiWres -.. _- -~ $300,000.00 $260,000.00 $200,000.00 ~ l $150,000.00 ~ - ^ ^ $ioo,ooo 00 ~`~~ _ ^ ~ ~~ ^ $so,ooo 00 __c. $o 00 ^ ^ 2000 2001 2002 2003 2004 2006 2006 2007 7 Calendar Year ~. Review of Wastewater Trunk Fund History ~' Cumulative Revenue to Expenditure Comparison Wastewater Trunk Line Fund $s,ooo,ooo 00 $s,ooo,ooo 00 o Revenue., - -.----- ~ e.penda~res $a,ooo,ooo 00 <> -_ . _ $3,000,000.00 $2,000,000.00 (, ~ $1,000,000.00 ____ - V $0.00 J ~ 7 2000 2001 2002 2003 2004 2006 2006 2007 8 Calendar Year 4 Review of Wastewater Collector Fund History % Cumulative Revenue to Expenditure Comparison Wastevuater Collector Line Fund $2,600,000.00 $2,000,000.00 $1,500,000.00 $1,000,000.00 $500,000.00 ~: 0 Revenues ~ Ez pendiWres 7 $0.00 ~ 2000 2001 v O 2002 2003 2004 2006 2006 2007 9 Calendar Year ~. ~: Wastewater Fund Inter-Fund Transfers Expenditures in excess of revenues prompted three transfers of funds from the Wastewater Trunk Line Trust Fund to the Wastewater Collection Line Trust Fund to maintain fund solvency $400,000 was transferred in 2001 $800,000 was transferred in April of 2005 $600,000 was transferred in December of 2005 The impact of the transfers on these funds is illustrated on the next two slides ,o 5 Impact of Transfers to Wastewater Collector Line Trust Fund Cumulative Revenue to Expenditure Comparison Wastev~rater Collector Line Fund, Including Transfers from Trunk Line Fund $3,000,000.00 0 Revenues $2,600,000.00 ~ Re~.renues lnduding Transfers - $z,ooo,ooo.oo ^ ---~ p~ $~ soo,ooo.oo $~,ooo,ooo.oo c ~ ---..-J:. ~ ~ $soo,ooo.oo ~ LJ , J c u G LJ $o 00 ^ 2000 2001 2002 2003 2004 2006 2006 2007 11 Calentlar Year ~. Impact of Transfers from ~, Wastewater Trunk Line Trust Fund Cumulative Revenue to Expenditure Comparison Wastewater Trunk Line Fund, Including Transfers to Collector Fund $6,000,000.00 ~ Revenues . _ -. - -- ~ - $s,000,000.00 Expenditures Expenditures plus Transfers ~ ~ - ~ ~~ 7 $4,000,000.00 $3,000,000.00 $2,000,000.00 _ O ` ~ .. ..:G-_ __ ~ $1,000,000.00 J L ] 1 $0.00 ~] ] -- 2000 2001 2002 2003 2004 2006 2006 2007 Calentlar Vear 12 6 Solutions Recommended to Increase Wastewater Trust Fund Viability • Re-distribute existing fund revenue sources to better align with needs and expenditures • Increase existing lot/acreage fees by flat 15%, as volunteered by Developer Trust Fund Focus Group Implement a "density factor" adjustment of lot/acreage fees as previously suggested by developer community representatives and as previously presented by staff 13 S. ~: Review of Wastewater Trust Fund Revenue Sources • Lot/Acreage Fees: Fees required to be paid by the developer based on the number of lots or total acreage of the development. • Connection Surcharge Fees: Fees charged in addition to tap fees for single family or duplex utility connections, paid with tap fee/initiation of services. • Pro-rata Fees: Fees required to be paid by developers as a "front footage" charge for the portion of wastewater main fronting the property that is required for the development, but previously installed by others. 1a 7 Revenue Components of Combined Wastewater Funds Revenue Components for Wastewater Funtls Combinetl $1 f - -~~ __ Calentlar Vear 15 S. Existing Apportionment of Revenues for Wastewater Trust Funds Revenue Components for Wastewater Funtls Combinetl caienaar year 16 8 Proposed Re-Apportionment of Revenues (Connection Surcharge Fees) for Wastewater Trust Funds Revenue Components for Wastewater Funtls Combinetl $1,£ $1,E $1,4 $1,~ a~,r rc ae 17 S. Wastewater Collection Line Trust Fund Activity Before Connection Surcharge Re-apportionment Cumulative Revenue to Expenditure Comparison Wastewater Collector Line Fund ^ ^ J Fe'~en ue~ ~ ^ E'. pen di~ure~ C O ^ > J ^ Cj C v Calentlar Year 18 Trunk Line Fund Collection Line Fund c~enaar veer 9 Wastewater Collection Line Trust Fund Activity % After Connection Surcharge Re-apportionment Cumulative Revenue to Expenditure Comparison Wastewater Collector Line Fund, with Full Diversion of Connection Surcharge Revenues $2,600,000.00 $2,000,000.00 ~~ Adjusted Revenues E::pendi~ures ~ E:: is~ing Revenues $1,500,000.00 $1,000,000.00 $500,000.00 1 J $0.00 ~ 2000 2001 1 1. _. ..... _ ~ > 2002 2003 2004 2006 2006 2007 Calentlar Vear 19 ~. Wastewater Trunk Line Trust Fund ~' Before Connection Surcharge Re-apportionment Cumulative Revenue to Expenditure Comparison Wastewater Trunk Line Fund $6,000,000.00 O $5,000,000.00 ~ E::pendi~ures ~ $4,000,000.00 $3,000,000.00 G___ $2,000,000.00 $1,000,000.00 v O ~ $0.00 ] ] ~ 2000 2001 2002 2003 2004 2006 2006 2007 20 Calentlar Year 10 Wastewater Trunk Line Trust Fund % After Connection Surcharge Re-apportionment Cumulative Revenue to Expenditure Comparison Wastewater Trunk Line Fund, Showing Effects of Moving Surcharge Revenues S $ ~ Adjusted Revenues -F-Fxpenditures ~, $ ~` &isting Revenues v ~ ~ g >. ~ ~ ~ ~ $. " 1 g ] ~ J 21 caienaar vear q. ~: Proposed Revenue Enhancements for the Wastewater Trunk Line Trust Fund Increase basic lot and acreage fees by 15 percent, as proposed by the developer's representatives in correspondence of 3/22/07, paragraph 2.A.a. Implement the use of a "density" adjustment factor as part of the existing lot and acreage fee calculation process 22 11 Density Factors Used in This Exercise Zoning Maximum Develoomen[ Densi[v. Densi[v Factor units oer acre. by Code R-E 1.00 1.00 R-1A 4.36 1.00 R-1B 7.26 1.00 .,.. R-1C .~,...., ..:, ,... ,.,. ,.,. .,., .,...,=.9.68 -.., ..., ..:, ,... ,.,. .,. .,., .,.. ,.~. 1.33 ~. PUD-2 9.68 1.33 R-2 14.52 2.00 A-1 21.78 3.00 A-2 36.30 5.00 AT 43.56 6.00 B-1 36.30 2.00 B-2 36.30 2.00 B-3 36.30 2.00 B-4 36.30 2.00 B-6 36.30 2.00 I-2 36.30 2.00 I-3 36.30 2.00 23 S. Wastewater Trunk Line Trust Fund ~' Before Connection Surcharge Re-apportionment Cumulative Revenue to Expenditure Comparison Wastev~rater Trunk Line Fund $6,000,000.00 O $5,000,000.00 ~ E::pendi~ures ~ $4,000,000.00 $3,000,000.00 G___ $2,000,000.00 $1,000,000.00 v O ~ $0.00 ] ] ~ 2000 2001 2002 2003 2004 2006 2006 2007 24 Calentlar Year 12 Wastewater Trunk Line Trust Fund % After Connection Surcharge Re-apportionment Cumulative Revenue to Expenditure Comparison Wastewater Trunk Line Fund, Showing Effects of Moving Surcharge Revenues $ $ d Atljus~etl Revenues -®-ExpentliWres p $ ~ &isting Revenues 7 ~ $ $ - 1 ~ ~ $ - ~ u ~ $ `7 1 ~ 25 caienaar vear q. Wastewater Trunk Line Trust Fund with ~' Density Factor Applied to Historical Activity Cumulative Revenue to Expenditure Comparison Wastewater Trunk Line Fund, vsth "Density Factor" Applied to Lot/Acreage Fees $6,000,000.00 .. Adjusted Pe'Jenues =---_--- $5,000,000.00 ^ E. pe ndiWres O t'. istina h'e'Jenues J _- $4,000,000.00 $3,000,000.00 $2,000,000.00 Q $1,000,000.00 $0.00 (1 n -, 2000 2001 2002 2003 2004 2006 2006 2007 26 Calentlar Vear 13 Expansion of Concept to Water Trust Funds Preliminary reviews by both development community representatives and senior staff identified the need to evaluate the application of these revenue enhancement concepts to the Water Trust Funds before beginning any public review process. The following slides graphically illustrate the results of this exercise. 27 ~: ~. Water Distribution Line Trust Fund Activity Before Connection Surcharge Re-apportionment Cumulative Revenue to Expenditure Comparison Water Distribution Main Fund $aso,ooo 00 $aoo,ooo 00 o Ret-enues $360,000.00 ~ ~ Ex pendiWres $300,000.00 $260,000.00 -_ O 7 $200,000.00 $160,000.00 ~ ~ ~ .~ ^ ^ ^ $100,000.00 _ J_ - - I I I ~~ ^ $50,000.00 $0.00 - C' ^ 2000 2001 2002 2003 2004 2006 2006 2007 28 Calendar Year 14 Water Distribution Line Trust Fund Activity After Connection Surcharge Re-apportionment Cumulative Revenue to Expenditure Comparison Water Distribution Line Fund, with Full Diversion of Connection Surcharge Revenues $1,aoo,ooo 00 $1 soo,ooo 00 Ad~~sled Ret-en~e~ $1poo,ooooo ^ E,pend,wres o e.~songReti-en~e~ $1,zoo,ooo 00 $1,000,000.00 $aoo,ooo 00 $soo,ooo 00 $aoo,ooo 00 $zoo,ooooo - ~ <~ o d ^ ^ $ooo ~ ^- 2000 2001 2002 2003 2004 Calendar Year 29 Water Arterial Line Trust Fund Activity Before Connection Surcharge Re-apportionment Cumulative Revenue to Expenditure Comparison Water Arterial S Grid Main Fund $asoo,ooo.oo $a,ooo,ooo.oo J Kevenues $3,600,000.00 ^ Ex pend AUres $3,000,000.00 $2,600,000.00 $2,000,000.00 $1,500,000.00 $1,000,000.00 $600,000.00 ~ ~~ - : : , _ . - G $o 0o J ~ 2000 2001 -- ^ ^ - c. c 2006 2006 2007 .. ,r =c;- .__ _ - "-_-".- J-. O= ~ J J ~ J 2002 2003 2004 2006 2006 2007 Calendar Year ~. ~: 30 15 % Water Arterial Line Trust Fund Activity After Connection Surcharge Re-apportionment Cumulative Revenue to Expenditure Comparison Water Arterial & Grid Line Fund, Showing Effects of Moving Surcharge Revenues $asss oss os $asss oss os ;, ;w7ustea neve~~e~ $3,s0000000 ~ ExpendAUres ® Existing Revenues C $3,000 000 00 $2,500,00000 $2,000 000 00 J $1,50000000 O ^ ., $1,000,000 00 ~ - C $ssssss os ~ o ^ - $sos - h n ^ zsss zss~ zssz zoos zssa zoos zoos zss~ 31 caienaar year q. Water Arterial Line Trust Fund with Density Factor Applied to Historical Activity Cumulative Revenue to Expenditure Comparison Water Arterial & Grid Line Fund, with "Density Factor" Applied to Lot/Acreage Fees $asss oss os $asss oss os aa~~~~ea Feve~~e~ c $assssss os ^ e. pe~a~w~p~ o E.Icnna Fevenue~ $ssss oss os ~ $zsss oss os $zsss oss os c $~sss oss os h fl $~sss oss os ~` C isssz ~ LJ - $sos p -- ^ ^ zsss zssi zssz zoos zssa zoos zoos zss~ 32 caienaar year 16 Special Consideration of Re-Development Needs The Developer Trust Fund system currently provided for in the City's Platting Ordinance is primarily designed to address water and wastewater infrastructure needs associated with the development of previously unplatted property. Staff proposes that two trust funds be established in the Platting Ordinance, which will focus on the water and wastewater infrastructure needs associated with redevelopment. Fees would be assessed during the replatting of property according to the systems and fee rates currently in place. The fees collected, however, would be placed in the "re-development" trust funds for use in reimbursing developers for qualified costs of restoring or upgrading existing water and wastewater system capacity. 33 S. ~: Special Consideration of Re-Development Needs It is currently proposed that to qualify as "re-development", the original platting of the project area would have had to occur prior to the creation of the existing trust funds and fee structure in 1983. This time frame allows for a reasonable life expectancy of the original project, and avoids issues with "double payment" of fees. By Council establishing priority areas for re-development, these reimbursements can possibly be combined with other incentives such as tax credits, development agreements, management districts, federal or state economic incentives, or City participation through the Capital Improvement Program to maximize their effectiveness. 34 17 Proposed Adoption Schedule Nov, 2010 Complete Amended Ordinance Language Jan, 2011 Final Review & Comment by Developer Representatives Feb, 2011 Presentation/Action by Planning Commission Mar, 2011 Public Hearing & Action by City Council 35 S. ~: Comments and/or Questions 36 18 i7g.;=-Z7.74:7277,77ZaQi. r17.- I