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HomeMy WebLinkAboutAgenda Packet City Council - 06/28/201111:45 A.M. - Proclamation declaring July 4, 2011 as the "July 4th Big Bang Celebration 2011" Proclamation declaring the month on July 2011 as "Recreation and Parks Month" Proclamation declaring July 1 — September 5, 2011 as "Flamingos Rule!" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JUNE 28, 2011 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habrth un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Ms. Jeanne Gardiner, Asst. Sr. Minister, Unity By The Sea Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting June 28, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of June 21, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Building Code Board of Appeals * Civil Service Board/Commission * Sister City Committee * Advisory Committee on Community Pride * Human Relations Commission * Mayor's Fitness Council 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 a service agreement with R&R Delivery Service, of Corpus Christi, Texas, for meal delivery service consisting of the delivery of approximately 200,000 meals for the Elderly Nutrition Program, Adult Protective and Title XX Agenda Regular Council Meeting June 28, 2011 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Meals on Wheels, in accordance with Bid Invitation No. BI -0116- 11 based on only bid for an estimated annual expenditure of $268,000, of which $22,333.33 is required in FY2010-2011. The term of the agreement will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager, or designee. Funds have been budgeted by the Senior Community Services division of the Parks and Recreation Department in FY2010-2011. (Attachment # 3) 4. Motion approving a service agreement with ARC/Ridgway's of Corpus Christi, Texas for blueprinting service in accordance with Bid Invitation No. BI -0125-11, based on only bid for an estimated annual expenditure of $111,058.61 of which $9,254.88 is required for the remainder of FY 2010-2011. The term of the agreement will be for 12 month periods with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the using departments in FY 2010-2011 and requested for FY 2011-2012. (Attachment # 4) 5. a. Motion authorizing the City Manager or designee to accept a grant in the amount of $96,709 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 5) b. Ordinance appropriating $96,709 in the No. 1061 Police Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 5) 6. Ordinance appropriating $759,163 in revenue from customer facility charges in the No. 4631 Airport Customer Facility Charge Fund to fund design, construction and debt service associated with Quick Turn Around Facility for rental car operations at Corpus Christi International Airport; amending the FY 2010- 2011 Capital Budget approved by Ordinance No. 028995 to increase appropriations by $759,163. (Attachment # 6) Agenda Regular Council Meeting June 28, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Ordinance authorizing the City Manager or designee to execute a five year conduit use agreement with CenturyTel Acquisition, LLC to install, operate and maintain telecommunications facilities within city conduit located in Ocean Drive right-of-way between Alameda Street and Sand Dollar Boulevard in consideration of $7,594.80 annual payment. (Attachment # 7) 8. Ordinance authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi Authority for sharing of network resources. (Attachment # 8) 9. Motion authorizing the City Manager or designee to execute a construction contract with Bridges Specialties of Sandia, Texas, in the amount of $110,185.06 for the Triple Crown and Citation Drive Area Improvements for the Base Bid plus Additive Alternate No. 2. (Attachment # 9) 10 Motion appointing Council Members as Board Members of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. (Attachment # 10) I. EXECUTIVE SESSION: (NONE) 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. J. PUBLIC HEARINGS: RIGHT-OF-WAY CLOSURE: 11. Public Hearing and First Reading Ordinance to consider abandoning and vacating a 1,764 square foot portion of a 15 - foot wide public alley right-of-way, out of Lots 4-7, Block 9, Bay View. Addition, said public right of way, being located between Santa Fe Street and Fifth Street, and north of the Morgan Avenue public street right-of-way, subject to compliance with the specified conditions. (Attachment # 11) Agenda Regular Council Meeting June 28, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) TEXT AMENDMENT TO UNIFIED DEVELOPMENT CODE: 12. Public Hearing and First Reading Ordinance to consider amending the Unified Development Code by replacing tables 1.10.5 and 4.1.1 in their entirety, adding a provision to the definition of a Dwelling, revising the Landmark Commission vote requirement at Subsection 3.16.2.B.1, amending a portion of Table 7.2.2.B. regarding indoor recreation, and amending the Urban Transportation Plan Design Criteria Manual, Appendix to UDC Article 8, by inserting revised Figures 1A and 3 through 13; providing for severance; providing for publication; providing for an effective date and providing for penalties. (Attachment # 12) CERTIFICATE OF OCCUPANCY CODE AMENDMENT: 13. Public Hearing and First Reading Ordinance - Amending the Code of Ordinances Chapter 14, Article II, Division 1, Section 14-223 (A) (1) and adding to Section 14-202 a new definition, all relating to building occupancy; providing for publication, providing for penalties. (Attachment # 13) PROPOSED BUDGET FY 2011-2012: (To be considered at approximately 12:15 p.m.) 14. Public Hearing on the Proposed FY 2011-2012 Operating Budget. This budget will raise more total property taxes than last year's amended budget by $1,058,875 (General Fund $640,000, Debt Service Fund $328,444 and Special Revenue $90,431), or 1.4%, and of that amount an estimated $1,058,875 i5 tax revenue to be raised from new property added to the tax roll this year. (Attachment # 14) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS,. AND ORDINANCES: 15. Motion authorizing the City Manager to execute a Memorandum of Understanding between the City of Corpus Christi and the Destination Bayfront Organization related to implementation of the project defined by the report "Placemaking at Destination Bayfront". (To be considered at approximately 2:30 p.m.) (Attachment # 15) Agenda Regular Council Meeting June 28, 2011 Page 6 16. 17. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Nueces County Water Control & Improvement District No. 3 to provide for the appropriate easements along County Road 52 and for the City to provide, if necessary, pump(s) and piping at the intersection of County Road 52 and County Road 69 to allow the District to provide irrigation water to certain land owners along County Road 52. (Attachment # 16) b. Motion authorizing the City Manager or designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas for street improvements along County Road 52 from County Road 69 to US 77 in the amount of $1,877,219.75 and County Road 69 from County Road 52 to FM 624 in the amount of $677,006.50 for the Base Bid for the total contract amount of $2,554,226.25. (BOND ISSUE 2008) (Attachment # 16) a. Resolution authorizing the City Manager or designee to accept a grant of $300,000 from the U.S. Department of Housing and Urban Development for the 2010 HOME Program and to execute all related and necessary documents for the Nueces County Community Action Agency Project. (Attachment # 17) b. Ordinance appropriating a grant of $300,000 from the U.S. Department of Housing and Urban Development in the No. 9045 Grant Fund for the 2010 HOME Program for the Nueces County Community Action Agency Project. (Attachment # 17) (RECESS REGULAR COUNCIL MEETING) L. CITY CORPORATION MEETING: 18. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC): (Attachment # 18) Agenda Regular Council Meeting June 28, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC) REGULAR MEETING DATE: Tuesday, June 28, 2011 TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call the meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Nelda Martinez, President Chris N. Adler, Vice President Joe Adame Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Mark Scott Officers Ron L. Olson, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Vacant, Treasurer Constance P. Sanchez, Asst. Treas. 3. Motion reappointing John Marez, Larry Elizondo, Sr., Priscilla Leal, Nelda Martinez, Joe Adame, Chris N. Adler, Kevin Kieschnick, Mark Scott, and appointing David Loeb as Board Members of CCCIC. 4. Approval of the minutes of May 10, 2011. 5. Approval of the financial report. 6. Motion authorizing the General Manager or designee to execute a FY2010 Subrecipient funding agreement between the Corpus Christi Community Improvement Corporation and Nueces County Community Action Agency for $300,000 from the HOME Investment Partnerships (HOME) Program and to execute all related and necessary documents. Agenda Regular Council Meeting June 28, 2011 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Public Comment 8. Adjournment (RECONVENE REGULAR COUNCIL MEETING) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 19. 82nd State Legislative Session — End of Session Report (To be considered at approximately 2:00 p.m.) (Attachment # 19) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. P-R-;PTY—CDUNCTL—POLICY, NO COUNCILMEMBER, 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. 0. CITY MANAGER'S COMMENTS: (NONE) Agenda Regular Council Meeting June 28, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ;g3Q p.m., on June 23, 2011. 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 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 June 21, 2011 - 12:00 p.m. PRESENT Mayor Joe Adame* Mayor Pro Tem Nelda Martinez Council Members: Chris Adler Kevin Kieschnick Priscilla Leal John Marez Mark Scott Linda Strong ABSENT Larry Elizondo, Sr. *Arrived at 4:25 p.m. City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Assistant City Secretary Mary Juarez Mayor Pro Tem Martinez called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend John Hardie with St. Mark's Episcopal Church and the Pledge of Allegiance to the United States flag was led by Council Member Leal. Assistant City Secretary Juarez called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Pro Tem Martinez called for approval of the minutes of the regular Council meeting and Workshop meeting of June 14, 2011. A motion was made and passed to approve the minutes as presented. ************ Mayor Pro Tem Martinez called for consideration of the consent agenda (Items 2 - 7). Mr. John Kelley and Mr. Johnny French requested that Item 5 be pulled for individual consideration. Council members requested that Item 5 be pulled for individual consideration. Assistant City Secretary Juarez polled the Council for their votes as follows: 2. MOTION NO. 2011-131 Motion approving the purchase of one (1) horizontal directional drilling machine from Vermeer Texas — Louisiana, Inc. of Round Rock, Texas for a total amount of1129,728.94. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). Funding is available in the FY2010-2011 Capital Outlay Budget of the Fleet Maintenance Fund. This unit is a replacement to the fleet. The foregoing motion was passed and approved with the following vote: Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame and Elizondo were absent. —1— Minutes — Regular Council Meeting June 21, 2011 — Page 2 3. MOTION NO. 2011-132 Motion approving a supply agreement for reformulated gasoline and ultra low sulfur diesel fuel with the following companies for the following amounts in accordance with Bid Invitation No. BI -0112-11 based on low bid for an estimated annual expenditure of $5,941,419.66 of which $495,118.31 will be expended in FY 2010-2011. The term of the agreement will be for twelve months with options to extend for up to two additional 12 -month periods, subject to approval of the suppliers and the City Manager or designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 2010-2011 and requested for FY 2011-2012. Petroleum Traders C Fort Wayne, IN Item No.: 1.0 $2,099,344.17 orp. Oil Patch Petroleum, Inc. Corpus Christi, TX Item No.: 2.0 $3,051,420.64 Total Award: $5,941,419.66 Stripes, LLC Corpus Christi, TX Item Nos.: 3 & 4 $790,654.85 The foregoing motion was passed and approved with the following vote: Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame and Elizondo were absent. 4. ORDINANCE NO. 029099 Ordinance appropriating $284,000 in the No. 1020 General Fund of additional anticipated revenues to be received from the processing of residential recycled commodities and to be used to offset related operational expenses; changing the FY 2010-2011 Operating Budget adopted by Ordinance 028683 by increasing revenues and appropriations by $284,000 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame and Elizondo were absent. 6. ORDINANCE NO. 029101 Amending the Zoning Map to include the new Unified Development Code Zoning District names and incorporating amended map into said code; providing for special permits; 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 effective date. (First Reading — 06/14/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame and Elizondo were absent. 7. ORDINANCE NO. 029102 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Section 55-446, Regarding Repeat Programming for Public Access Cablecasting; and Section 55-447 Regarding Program Identification Requirements; Providing for Publication. (First Reading - 06/14/11) —2— Minutes — Regular Council Meeting June 21, 2011 — Page 3 The foregoing ordinance was passed and approved on its second reading with the following vote: Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame and Elizondo were absent. Mayor Pro Tem Martinez opened discussion on Item 5 regarding a draft erosion response plan. John Kelley, 413 Waco, stated that this item needs more public input and that the plan is based on historical calculations and not projections. Mr. Kelley expressed concern regarding the proposed 200 foot setback and mitigation and urged the Council to consider the 350 setback similar to Nueces County's plan. Johnny French, 4417 Carlton, spoke regarding the proposed 200 foot setback and referred to the presentation by Dr. Jim Gilbeaut who opposes the 200 foot setback. Mr. French also spoke regarding the removal of fillets to provide fill material and construct the dunes; protection of the revetments on both sides of Packery Channel; and public parking for the jetties. Council Member Strong spoke regarding the conflicting setback between the City's proposed 200 foot setback and Nueces County's plan of the 350 foot set back and reported that the dune fields are the City's primary protection from a storm surge. Ms. Strong added that building behind the 350 foot setback provides protection to development and guarantees the longevity of the buildings. Ms. Strong stated that beach access is also extremely important and for those two reasons, she would not support the plan. Council Member Adler stated that this topic is highly controversial and conflicting with Nueces County's plan. Ms. Adler requested more information and asked the City and County to work closer on this issue. Council Member Kieschnick agreed with Ms. Strong's comments regarding the setback and being consistent with the County's plan and said the topic needs further discussion. Council Member Marez also requested feedback from the community and recommended tabling the item to a later date. Assistant City Attorney Jay Reining reported that the draft has to be submitted to the Texas General Land Office (GLO) by July 1St or the City could lose funding from the GLO for a year. Council Member Leal spoke is support of the 350 set back to provide protection to the dunes and Padre Island. In response to Council Member Scott, Assistant City Manager Perales stated that this item is for approval of a draft plan to begin the review process and receive public input. Senior Planner Bob Payne explained that the 200 foot set back is the existing policy and was used to start the initial process to present the draft plan to the GLO. Mr. Payne added that staff is planning on holding pubic hearings and expect to make changes to the plan as staff identifies dunes and areas of beach access. A brief discussion ensued regarding the deadline to present the draft plan to the GLO. Mr. Kieschnick made a motion to amend the draft plan by changing the setback to 350 feet. The motion was seconded by Ms. Strong. Assistant City Secretary Juarez polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Scott voting "No"; Adame and Elizondo were absent. Assistant City Secretary Juarez polled the Council for their votes as follows: 5. RESOLUTION NO. 029100 Resolution authorizing the City Manager, or designee, to submit a draft erosion response plan and related draft amendments to Chapter 10, Code of Ordinances, Beachfront Management and Construction, to the Texas General Land Office for comment. -3- Minutes — Regular Council Meeting June 21, 2011 — Page 4 The foregoing resolution was passed and approved as amended with the following vote: Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Scott voting "No"; Adame and Elizondo were absent. ************* Mayor Pro Tem Martinez announced the executive session, which was listed on the agenda as follows: * Executive session pursuant to Section 551.071 of the Texas Government Code to consult with attorney regarding pending case No. 2010 -DCV -6004-E entitled City of Corpus Christi vs. Friends of the Coliseum, et al in the 148th District Court Of Nueces County, Texas. The Council went into executive session. The Council returned from executive session. Mayor Pro Tem Martinez announced that no action would be taken in open session. ************* Mayor Pro Tem Martinez opened discussion on Item 8 regarding the FY2011-2012 budget for the Corpus Christi Crime Control and Prevention District. Police Administration Manager Pat Eldridge stated that the proposed budget was presented at the public hearing on June 14, 2011. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 8. RESOLUTION NO. 029103 Resolution approving the FY 2011-2012 budget for the Corpus Christi Crime Control and Prevention District. The foregoing resolution was passed and approved with the following vote: Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Adame, Elizondo, and Scott, were absent. Mayor Pro Tem Martinez opened discussion on Item 9 regarding the Sanitary Sewer Overflow Initiative (5501) program. Director of Engineering Services Pete Anaya introduced the presentation team including Director of Wastewater Operations Foster Crowell; Jim Forbes with Pipeline Analysis LLC; Dan Leyendecker with LNV Engineering; and Donnie Rehmet with Coym, Rehmet and Gutierrez who were available to respond to questions. Mr. Anaya referred to a powerpoint presentation including a background; project scope; project limits; project schedule; and costs. Mayor Pro Tem Martinez called for comments from the audience Abel Alonzo, 1701 Thames, thanked Mr. Anaya and staff for this item and spoke in support of the project team. City Secretary Chapa polled the Council for their votes as follows: 9. MOTION NO. 2011-133 Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to the Contract for Professional Services with Pipeline Analysis, LLC of Dallas, Texas in the amount of $1,989,103, for a total re -stated fee of $2,162,928 for the Sanitary Sewer Overflow Initiative (5501) Program project. -4- Minutes — Regular Council Meeting June 21, 2011 — Page 5 The foregoing motion was passed and approved with the following vote: Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame and Elizondo were absent. * ** * * ***** *** Mayor Pro Tem Martinez referred to Item 11. regarding the Arts and Cultural Commission (ACC) Annual Report. Director of Parks and Recreation Michael Morris introduced Arts & Cultural Commission members Heidi Hovda and Joye LaBarrett. Ms. Hovda referred to a powerpoint presentation including the 2010-2011 arts headlines; the funding reductions; membership and by- law revisions; the public art program review; the Cultural District designation; the request for funding for FY2012; and the members. Ms. LaBarrett provided an overview of the Festival of the Arts event. The following topics pertaining to this item were discussed: the utility bill participation and marketing opportunities; the ACC relationship with the school districts arts programs; the forming of the 501c3 for the Festival of the Arts; and maintaining permanent art inventory. * ************ Mayor Pro Tem Martinez opened discussion on Item 10 regarding the Padre Island Water Supply Study and Alternate Water Transmission. Director of Engineering Services Pete Anaya introduced the presentation team including Deputy Director of Water Operations Mark Van Vleck; Assistant Director of Engineering Dan Biles; and Mark Maroney with Urban Engineering. Mr. Anaya referred to a powerpoint presentation including the options studied; the project schedule; and the project budget. The following topics pertaining to this item were discussed: the location of the existing abandoned gas line; the construction schedule; the project costs; the long range plan to replace the existing line; the economic benefit and water capacity on the island; and reviewing historical maps to identify existing lines. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 10. MOTION NO. 2011-134 Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, for a fee not to exceed $364,370, for a total contract amount not to exceed $414,240 for the Padre Island Water Supply Study and Alternate Water Transmission Main, Phase 1. The foregoing motion was passed and approved with the following vote: Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame and Elizondo were absent. ***********x* Mayor Pro Tem Martinez referred to Item 12 regarding an overview of the parking meter proposed rate increases. Police Administration Manager Pat Eldridge referred to a powerpoint presentation including the three primary objectives; current and proposed meter rates; the proposed rate zone map; year 1 rollout expenses and projected revenue; year 3 rollout expenses and projected revenue; and a comparison between year 1 and year 3 rollout. Corpus Christi Downtown Management District members Tim Heuston and Casey Lain stated that the Downtown Management District supported the proposed parking meter rate increases. -5- Minutes — Regular Council Meeting June 21, 2011 — Page 6 The following topics pertaining to this item were discussed: the Parking Advisory Committee; local and community participation and input; and next steps. Mayor Pro Tem Martinez spoke in support of the ordinance. Council Member Marez stated that he was glad to see this process moving forward. Council Member Scott spoke in support of moving forward. Mayor Pro Tem Martinez referred to Item 13 regarding the proposed FY2011-2012 Budgets for the Special Revenue, Internal Services and Debt Service funds. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the Internal Service Funds summary of fund balances, budgets for Stores, Maintenance Services, Municipal Information Systems, Engineering Services, and Risk Management Funds, and proposed health insurance rate increases; the Special Revenue Funds summary of fund balances, and budgets for Hotel Occupancy Tax (HOT), Red Light Photo Enforcement, Reinvestment Zones 2 and 3, Seawall Improvement and Arena Facility, Business/Job Development, Development Services, Visitors Facility, Local Emergency Planning Committee (LEPC), and Crime Control District Funds; and Debt Service Funds major revenues, expenditures, and total principal balances; and the budget calendar. The following topics pertaining to this item were discussed: the drivers increasing the total cost of Maintenance Services; the $1 million reserve for fuel; the reserved requirement for risk management funds to cover cost associated with catastrophic losses or incurred but not reported claims; the projected number of employees that will transition from Citicare Premium to Citicare; rate schedule for health insurance premiums; the 21% increase for retirees on Citicare Premium; whether public safety employees have options to change benefits packages; participating employees on health care plan eligible to use wellness clinic; Reinvestment Zone No. 3 revenue activity and creation of a board; the re -design of the school crossing guard program; Convention and Visitor's Bureau funding; funding additional crew and equipment for beach cleaning; priority beach cleaning; privatizing beach cleaning during heavy sargassum periods; legislation regarding the use of HOT funds; maintenance for public art; maintaining city facilities; renegotiating beach permits; the balance of the affordable housing fund; and proposed elimination of maintenance services full time equivalents. Council Member Scott asked the Council to consider taking additional funding from the HOT fund balance to fund beach cleaning in the amount of $270,000; the Art Museum of South Texas in the amount up to $170,000; and the Botanical Gardens in the amount of $10,000 for marketing. Council Member Adler asked for consideration to fund $20,000 for maintenance for public art. A brief discussion ensued regarding the state law regulating HOT funds. City Manager Olson asked the Council to consider four primary questions at the Special Meeting scheduled for Friday, June 24th to give staff direction on the use of the effective tax or the use of the current tax rate; authorization to use the reserve fund balance; and the use of the HOT funds. MayorAdame called for petitions from the audience. Dr. Robert Furgason, 1334 Sandpiper, spoke regarding the maintenance of City owned facilities, the use of HOT funds for the Art Museum of South Texas and supported the effective tax rate. Maria Gonzalez, 1813 Amazon, spoke regarding the increase to health care for civilian employees. Daniel Lucio, 325 Naples, congratulated Council Member Leal and spoke regarding the parking meter rates including consideration for residents or residential growth and the portion of the fees going to the downtown area. Bill Hoover, 317 Peoples, spoke regarding parking meter fees; the projected revenue; and creating an ad hoc parking advisory committee prior to considering the ordinance. Jim McCutchon, 241 Chandler, spoke regarding the proposed reduction of hours to senior centers and the City's contribution to the employee retirement system. Joan Veith, 5701 Cain Drive, thanked City Secretary Chapa, Assistant -6- Minutes — Regular Council Meeting June 21, 2011 — Page 7 City Secretary Juarez and staff for their work during the runoff election. Courtney Turnlund, 4910 Mable, spoke regarding the ordinance prohibiting the owning of fowl within the City limits and requested that the Council grant an exception to owning hens as long as they are well cared for and there is no opposition from neighbors. David Loeb, 522 Hancock, spoke regarding the revenue split for parking meter fees for the downtown area. Colin Sykes, 309 Aberdeen, urged the Council to consider moving public comment back to 12:00 p.m. and invited the Council to attend "An Evening with Jim Hightower" on Saturday, June 25, 2011 at 7:00 p.m. at the Harbor Playhouse. Abel Alonzo, 1701 Thames, spoke regarding the City reducing funding to Mental Health/Mental Retardation (MHMR). Mary Ann Kelly, 4302 Schanen, congratulated Council Member Leal and spoke regarding the right to vote on a statue of Corpus Christi. ************* Mayor Pro Tem Martinez and the council members presented a gift on behalf of the City to outgoing Council Member Strong and thanked her for her service. MayorAdame opened discussion on Item 14 regarding the canvassing returns and declaring the results of the Runoff Election held on June 18, 2011 for the purpose of electing Council Member District Three. The Council canvassed numerous precincts comparing results submitted by Precinct Judges to the Mayor with results submitted and certified by the City Secretary. MayorAdame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked those individuals that voted and expressed disappointment for those that did not vote. City Secretary Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 029104 Ordinance canvassing returns and declaring the results of the Runoff Election held on June 18, 2011 in the City of Corpus Christi, for the purpose of electing Council Member District Three. _ An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Elizondo and Scott were absent. ************* There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:29 p.m. on June 21, 2011. ************* —7 a. BUILDING CODE BOARD OF APPEALS — Two (2) vacancies with terms to 5-4-13 representing the following categories: 1— architect and 1- general contractor. DUTIES: To hear appeals for variances to the Building Code. Owners may appeal by filing written notice on form provided by the Building Official and payment of $265 fee. The board may vary the application of any provision of the Building Code to any particular case where in its opinion the enforcement of the Code would do manifest injustice, and would be contrary to the spirit and purpose of the Code or public interest, or when in its opinion the interpretation of the Building Official should be modified or reversed. The Board must specify the manners, conditions, and reason for the variation. Either party may appeal the Board's decisions to the City Council. COMPOSITION: Seven (7) members appointed by the City Council for two-year staggered terms. It must include an architect, a general contractor, an engineer, three (3) members at large from the building industry, and one (1) member not connected with the building industry. Quorum shall require four (4) members. MEMBERS Bill Ewing, Jr. (Building Industry) Cliff Atnip (Not Conn W/Bldg. Ind.), Chair *John R. Dykema, Jr. (Architect), Co -Chair Ricardo Martinez (Engineer) *Mike Lippincott (Gen. Cont.) John Kendall (Building Industry) Chris Hamilton (Building Industry) TERMS 5-04-12 5-04-12 5-04-11 5-04-12 5-04-11 5-04-12 5-04-13 ORIGINAL APPTD. DATES 8-21-07 5-17-05 8-21-07 12-9-08 8-21-07 12-9-08 7-21-09 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM John R. Dykema, Jr. (Architect) 5 Mike Lippincott (Gen. Cont.) 5 NO. PRESENT 5 4 OTHER INDIVIDUALS EXPRESSING INTEREST Taylor Mauck % OF ATTENDANCE LAST TERM YEAR 100% 80% Project Architect, Island Architects, Inc. Received a BFA in Architecture from the University of Texas at San Antonio. Activities include: Texas Society of Architects and American Institute of Architects. (Architect) (4/14/11) Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation -1 1 - b. CIVIL SERVICE BOARD/COMMISSION — One (1) vacancy each with terms to 6- 15-14. (The City Manager appoints to the Civil Service Commission and the City Council appoints to the Civil Service Board. Until this past term, traditionally, the same member served on the Board and Commission.) (Appointments to the Commission are subject to confirmation by the City Council.) DUTIES: To adopt, amend, and enforce a code of rules and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. COMPOSITION: Three (3) members shall be appointed by the Council for three-year terms or until a successor is named. The members choose their own chairman and appoint a chief examiner, not a member of the Board, who shall also act as secretary. CIVIL SERVICE BOARD ORIGINAL MEMBERS TERMS APPTD. DATES Susanne Bonilla, Chair 6-15-12 5-26-09 **Vicky Alexander 6-15-11 7-20-10 Hector Saenz, Jr. 6-15-13 7-20-10 CIVIL SERVICE COMMISSION DUTIES: With additional duty as outlined under Chapter 143, Texas Local Government Code. COMPOSITION: Members are appointed by the Chief Executive of the City and confirmed by a majority of the City Council. Members must have lived in the City for three years preceding appointment. ORIGINAL MEMBERS TERMS APPTD. DATES Susanne Bonilla, Chair 6-15-12 5-26-09 *Catherine F. Lutz 6-15-11 7-20-10 Hector Saenz, Jr. 6-15-13 7-20-10 (The City Manager is recommending the reappointment of Catherine F. Lutz to the Civil Service Commission.) Legend: *Seeking reappointment **Failed to submit Ethics Report ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation —12— ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Catherine F. Lutz NO. OF MTGS. NO. % OF ATTENDANCE THIS TERM PRESENT LAST TERM YEAR 3 3 100% OTHER INDIVIDUALS EXPRESSING INTEREST Willie R. Hardeman, Sr. Retired, Federal Investigator, Federal Government. Attended College. Activities include: NAACP and AARP. Recipient of Torch Bearer Award and State Civil Rights Award. (4/11/11) Jamie Hill Sr. Human Resources Generalist, FMC Technologies. Attended Del Mar College. Activities include: Society of Human Resource Management Association, Corpus Christi Human Resource Management Association, and Volunteer for Salvation Army's Surviving the Night Program. (6/8/11) William M Kramer, Jr. Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17111) Monica Montalvo Insurance Agent/Owner, Farmers Insurance. Graduated from Baylor University with Double Major in Psychology and Sociology. Activities include: March of Dimes. (6/16/11) Anthony John Mulheron Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5/2111) Joel S. Mumphord Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4/28/11) Drew Reining Self -Employed, Mediator. Received BA from University of Texas at Austin and JD from University of Texas J..aw School. Activities include: Mediators Association of South Texas and Dispute Resolution Services. Previously served on Animal Control Advisory board, Commission on Children and Youth and Sister Cities Committee. (5/27/11) —13— Abel A. Sanchez Matthew J. Topelian Leslie Vlisides Retired, United States Postal Service Letter Carrier. Attended Del Mar College. Activities include: Veteran Center, Coastal Bend Council of Alcohol and Drugs, Veteran's Administration Outpatient Clinic and Golf Marshal at Naval Air Station. (4/12/11) Supervisory Special Agent, Department of Homeland Security ICE Investigations. Received A.A., B.S. and M.S. Activities include: Salvation Army Advisory Board, Church Missions, and Church Blood Drives for the Coastal Bend Blood Center.(3/10/11) Human Resources Manager, Swantner & Gordon Insurance Agency. Received BBA in Management. Activities include: Corpus Christi Human Resources Management Association, Best Places to Work, Christian Day Camp, Relay for Life and American Red Cross. (5110/11) -14- c. SISTER CITY COMMITTEE — Five (5) vacancies with terms to 9-1-11, 9-1-12, and 9-1-13. (Since one of the terms ends on 9-1-11, it is recommended the appointment be for a new three- year term ending 9-1-14.) DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty-one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three-year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V -Chairman for each of the Sister City subcommittees established in accordance with Sec. 2-152. The Chairman and each vice-chairman shall be elected by majority vote of the sister city committee annually. If the General Chairman is absent, a vice-chairman shall be elected from the committee to serve as General Chairman during his/her absence. ORIGINAL MEMBERS TERM APPTD. DATE Brenda "Brandi" Williams 9-12 9-11-07 ***Linda Sharlow 9-12 1-11-11 Maria Mendez 9-13 1-11-11 Donald Russell 9-13 10-13-09 John Rocha 9-11 9-23-08 Meredith N. Grant 9-13 2-22-11 Jeremy Coleman 9-11 1-11-11 ***Angelica Carmona 9-11 2-22-11 Letisia Rios -Cortez 9-11 1-11-11 Elizabeth Garza 9-13 5-26-09 ***Michele Hammock 9-13 1-13-09 ****Ernesto Trevino 9-13 1-11-11 Dr. Judith Prewitt 9-11 1-11-11 Heather Moretzsohn 9-13 1-11-11 Tim Dowling 9-13 7-10-07 John R. Seaman 9-13 1-11-11 Arthur J. Valdez 9-11 1-11-11 ***Andrea Foley 9-12 1-11-11 Woodrow Mac Sanders 9-12 1-11-11 Christine Kailas 9-12 - 5-11-10 Alan Thornburg 9-12 10-13-09 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation -15- (The Sister City Committee is recommending the new appointments of Yvette Lara, Franklin L. Harper, Andi Baker, Mohamad Omar and Samantha Chase.) INDIVIDUALS EXPRESS INTEREST Andi Baker Samantha Chase Vincent E. Doyle Franklin L. Harper Realtor, Keller Williams Realty. Received BBA from University of North Texas. Activities include: Association of Realtors and Builders Association. (4/12/11) English Language Arts/Reading Teacher, Corpus Christi Independent School District. (4/18/11) Retired, Technical Engineer, Pipe and Maintenance Department. Received Associate Degree. (4/12/11) President and C.E.O., FLH Business Services, Inc. Attended Del Mar College. Activities include: Presidents Field Tax Advisory Board. (2/2/11) William M. Kramer, Jr. Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Yvette Lara Assistant Director of Alumni Services, Del Mar College. Received a BA in International Relations from St. Mary's University at San Antonio. Activities include: Junior League of Corpus Christi and Bayfest, Inc. (4/13/11) Monica Montalvo Insurance Agent/Owner, Farmers Insurance. Graduated from Baylor University with Double Major in Psychology and Sociology. Activities include: March of Dimes. (6/16/11) Anthony John Mulheron Quality Control Inspector, 13. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5/2/11) Mohamad Omar Self Employed. Doctorate of Business Administration. Graduate of Leadership Corpus Christi, Class 38. (4/25/11) —16— d. ADVISORY COMMITTEE ON COMMUNITY PRIDE — Three (3) vacancies with terms to 8-25-11 and 8-25-12. (Appointed by the Mayor with approval of the City Council) (Since two of the terms end on 8-25-11, it is recommended the appointments be for a new two-year term ending 8-25-13.) DUTIES: To advise the Mayor and City Council on development and implementation of a comprehensive community pride campaign that will interrelate with the efforts and purpose of the Clean City Advisory Committee. COMPOSITION: The committee shall consist of eleven (11) members appointed by the Mayor with approval of the City Council to serve two-year terms. Of the initial members, six (6) members shall serve a two-year term and five (5) members shall serve a one-year term, as determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be two (2) years. The Director of Public Information and the Director of Neighborhood Services shall serve as ex -officio without vote. ORIGINAL MEMBERS TERM APPTD. DATE Stacy Richards 8-25-12 8-25-09 Monica McLeod Sawyer, Chair 8-25-11 8-25-09 Ryan Ridlehuber 8-25-12 8-25-09 C. Michelle Peters 8-25-11 8-25-09 Oscar Carmona 8-25-12 5-11-10 ***Mark Minutaglio 8-25-11 8-25-09 Philip John Ramirez, A.I.A. 8-25-12 8-25-09 J. Kyle Davidson 8-25-11 8-25-09 ***Ryan R. Griffith, Vice Chair 8-25-12 8-25-09 Elisa Macias 8-25-11 4-27-10 ***Gary B. Cunningham 8-25-11 11-9-10 Director of Public Information Ex -Officio, Nonvoting Director of Neighborhood Services Ex -Officio, Nonvoting (The Advisory Committee on Community Pride is recommending the new appointments of Christina Hernandez, Jack Pence and Tony Reyes.) Legend: *Seeking reappointment * *Not seeking reappointment * * *Resigned * * * *Exceeded number of absences allowed by ordinance *****Has met six-year service limitation —17— OTHER INDIVIDUALS EXPRESSING INTEREST Nicole Andrade Andi Baker Jonathan Mike Barlow Sarah Lathrop Baugh Alyssa "Michelle" Barrera Elizabeth Feeney Christina Hernandez Human Resource Manager, Texas State Aquarium. Received Associates Degree in Business Administration from Del Mar College and Bachelors in HR from Saint Leo University. Currently Pursing Masters Degree at Saint Leo University. Activities include: Corpus Christi Human Resource Management Association and Local American Society for Training and Development. (5/14/11) Realtor, Keller Williams Realty. Received BBA from University of North Texas. Activities include: Association of Realtors and Builders Association. (4/12/11) Parking Lot Attendant. Volunteers with Texas State Aquarium. (5/4/11) Chief Operating Officer, Dash Truck and Equipment Sales, Inc. Activities include: Cowboy Church Committee for Buc Days, Calalien Baptist Church, Junior League and Republican Party. (2/25/11) Graduate Student, Texas A&M University -Corpus Christi. Currently Pursuing Masters Degree in Public Administration. Received Bachelors in Marketing from Texas A&M University -Corpus Christi. Fellow/Intem for Bold Future for the Coastal Bend. Activities include: Volunteer for Advisory Committee on Community Pride, Clean City Advisory Committee and 4`" of July Celebration Planning Committee. (4/26/11) Self -Employed, Nutrition Coach. Received BS in Biology/Nutrition from University of Texas at Pan America and BA in Business Management from University of Texas at San Antonio. Activities include: Junior League of Corpus Christi and Kids in the Kitchen. (5/20/11) Sales Manager, Omni Bayfront. Received BS in Criminal Justice and MS in Counseling from Texas A&M University -Corpus Christi. Recipient of Texas Youth Commission Individual Award -Winner 2009andCorpus Christi Under 40 Recipient 2008. Graduate of Leadership Corpus Christi 2009. (6/8/11) —1 8 — Beth Kingsbury William M. Kramer, Jr. Bryan Mayhood Monica Montalvo Jack R. Pence III Sylvia Portales Tony Reyes Erica Rios Assistant Marketing Manager, HDR Engineering, Inc. Received BBA in Marketing from Texas A&M University - College Station and MBA from Texas A&M University - Corpus Christi. Activities Include: Nueces County A&M Club, Literacy Council, Lector Coordinator at St. Philip the Apostle and Leadership Corpus Christi. (117111) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17111) Director of Season Ticket Services, Corpus Christi Hooks Baseball Club. Graduated from Texas A&M University - Corpus Christi. Activities include: Heart Walk Committee. (1/5/11) Insurance Agent/Owner, Farmers Insurance. Graduated from Baylor University with Double Major in Psychology and Sociology. Activities include: March of Dimes. (6/16/11) Student Activities Coordinator, Texas A&M University - Corpus Christi. Received a Bachelors of Science in Education from Bowling Green State University and a Masters of Science in College Student Personnel from The University of Dayton. (6/17/11) Retired. Formerly Senior Appraiser, Nueces County Tax Appraisal District. Attended Durhams Business School. Activities include: Hispanic Womens Network of Texas, and Volunteer at Senior Centers. Recipient of Ms. Congeniality in Ms. Coastal Bend Senior Pagent. (4/12/11) Self -Employed, Founder Mission 911. Attended Del Mar College. Activities include: Amistad, Community of Shalom, Mission 911, and FYLIP. (6/17111) Front Desk Support, Francisco's Salon. Received BA from Texas A&M University -Corpus Christi. Attended Del Mar College. Activities include: Coastal Bend Premie Network. (5/5/11) -19- Raquel G. Richardson Owner, Brinca! Received MPA from Texas A&M University -Corpus Christi. Formerly worked with the City of Corpus Christi. Career Development Alumni. (6/17/11) Stefany Tegeler Schade Owner, Division Manager, TorOso Financial Group, LLP. Received BBA and Masters of Accountant from Texas A&M University -Corpus Christi. Activities include: Republican Club, Order of the Eastern Star, Young Business Professionals of the Coastal Bend and Junior League. (5/13/11) Cookie Silverman Homemaker: Attended Texas Tech University. Activities include: Jewish Community Center. (4/22/11) Martha Wild Dan Wilkerson Resource Facilitator, Trisun Healthcare. Received B.A.T. in Education/Psychology from Sam Houston State University. Activities include: Downtown Development Committee and Mayor's Council on Aging. (4/18111) Personal Financial Representative, Allstate Financial Services, LLC. Activities include: Beautify Corpus Christi Association —Vice President. (4/14/11) —20— e. HUMAN RELATIONS COMMISSION — Seven (7) vacancies with terms to 6-14-14 representing the following categories: 4- Regular Members and 3- Youth. (Appointed by the Mayor with approval of the Council) (Mayor to designate the Chairperson) DUTIES: To study problems of group relationships within the City, and to devise and recommend to the Mayor and City Council ways and means of discouraging and combating prejudice, intolerance, and bigotry in all groups in their relations with one another; to discover all practices and policies calculated to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust discrimination by or against any person or group. Recommendations may be presented to the Mayor and City Council directly by the Committee or it may instruct the Human Relations Administrator to present them to the City Manager. COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by the Mayor with approval of the Council to study problems of group relationships within the City; one who shall represent the selling of dwellings, one who shall represent the renting of dwellings and one member of the staff of the Legal Aid Society to serve continuously, and three (3) shall not be more than 20 years of age at time of appointment serving one-year terms. Eleven (11) members shall serve three-year terms. The chair of the commission shall be designated by the Mayor. The Chairperson of the Committee for Persons with Disabilities serving as an ex -officio voting member. ORIGINAL MEMBERS TERMS APPTD. DATES *Ramiro H. Gamboa, Chairperson (6-14-11) 6-14-11 1-15-08 *Kathleen (Katy) Cooper 6-14-11 2-23-10 Denise S. Villagran 6-14-13 6-29-10 Robert Adler 6-14-12 6-22-04 Edna Arredondo 6-14-12 8-12-08 Lucy Reta 6-14-12 6-22-04 *Robert Franklin 6-14-11 8-31-10 *Rev. Derrick Reaves 6-14-11 7-11-06 Elias Valverde 6-14-13 6-29-10 Margie Myers (Selling Dwellings) 6-14-13 7-24-07 Toni Cole Davis (Rental Dwellings) 6-14-12 7-07-09 *Jacob Sendejar (Youth) 6-14-11 8-12-08 **Zachary R. Zepeda (Youth) 6-14-11 6-29-10 *Janet Zuniga (Youth) 6-14-11 6-29-10 (The Human Relations Commission is recommending the reappointments of Ramiro H. Gamboa, Kathleen (Katy) Cooper, Robert Franklin, Rev. Derrick Reaves, Jacob Sendejar (Youth) and Janet Zuniga (Youth). Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation —21— ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Ramiro H. Gamboa Kathleen Cooper Robert Franklin Rev. Derrick Reaves Jacob Sendejar(Youth) Janet Zuniga (Youth) NO. OF MTGS. THIS TERM 10 10 7 10 10 9 NO. PRESENT 8(2exc) 9(lexc) 3(2exc) 4(6exc) 7 3(lexc) OTHER INDIVIDUALS EXPRESSING INTEREST Samantha Chase Corey Elizondo Willie R. Hardeman, Sr. William M. Kramer, Jr. Brianna Mendiola Monica Montalvo Joel -S: Mumphord Grace Powers % OF ATTENDANCE LAST TERM YEAR 80% 90% 43% 40% 70% 33% English Language Arts/Reading Teacher, Corpus Christi Independent School District. (4/18111) Student, Foy H. Moody High School. Sophomore. Attends Innovation Academy of Engineering, Environmental and Marine Science. Activities include: Go Green Club, Robotics Club and Football Team. (Youth) (6/2/11) Retired, Federal Investigator, Federal Government. Attended College. Activities include: NAACP and AARP. Recipient of Torch Bearer Award and State Civil Rights Award. (4/11/11) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Student, Foy H. Moody High School. Sophomore Attends Innovation Academy of Engineering, Environmental and Marine Science. (Youth) (5/31/11) Insurance Agent/Owner, Farmers Insurance. Graduated from Baylor University with Double Major in Psychology and Sociology. Activities include: March of Dimes. (6/16/11) Retired, Encycle, Inc. Served in law Enforcement: Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4/28/11) Student, Richard King High School. Sophomore. (Youth) (5/13/11) —22— Drew Reining Roger Vazquez Martha Wild Self -Employed, Mediator. Received BA from University of Texas at Austin and JD from University of Texas Law School. Activities include: Mediators Association of South Texas and Dispute Resolution Services. Previously served on Animal Control Advisory board, Commission on Children and Youth and Sister Cities Committee. (5/27/11) Teaching Assistant, Texas A&M University -Corpus Christi. Received a Bachelor's in Psychology from University of Texas at Austin and Master's in Clinical Psychology from Texas A&M University -Corpus Christi. (5/18/11) Resource Facilitator, Trisun Healthcare. Received B.A.T. in Education/Psychology from Sam Houston State University. Activities include: Downtown Development Committee and Mayor's Council on Aging. (4/18/11) -23- f. MAYOR'S FITNESS COUNCIL — Five (5) vacancies with terms to 5-11-13 representing the following categories: 1— Disability Network, 1— Corporate Initiatives, 1- Youth/After School Programs, 1- Worksite Wellness and 1- At Large. (Appointed by the Mayor with approval of the Council) DUTIES: To advise the City Council, City Manager, Parks Department and Health District regarding promotion of healthy living, including but not limited to the following activities: Encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. COMPOSITION: The committee shall consist of thirteen (13) members appointed by the Mayor with approval of the City Council. The committee shall consist of individuals representing the following categories: Veteran's Wellness, Corporate Initiatives, Health Care/Medical Professionals, Worksite Wellness, College/University, Disability Networks, Faith Based Partners, Senior Citizen Wellness, Youth/After School Programs, Community Outreach/Special Events and two (2) at large members.. A liaison from the Governor's Advisory Council on Physical Fitness will also serve on the Committee. City residency requirement does not apply to liaison from the Governor's Advisory Council. Of the initial members, eight (8) members shall serve a two-year term and five (5) members shall serve a one-year term, as determined by a drawing to be conducted at the initial meeting. Thereafter, all terms shall be two (2) years. ORIGINAL MEMBERS TERM APPTD. DATE *Jane Bell (Disability Network) 5-11-11 5/11/10 Dr. Charles H. Campbell (Health Care/Med) 5-11-12 4/12/11 Mary LaFrancois (At Large) 5-11-13 2/08/11 Marc Cisneros (Veteran's Wellness) 5-11-12 5/11/10 **Rex A. Kinnison (Corporate Initiatives) 5-11-11 5/11/10 *D. Scott Elliff (Youth/After School), Chair 5-11-11 5/11/10 Timothy M. Fitzpatrick (College/University)5-11-12 5/11/10 Rick Hayley (Gov's Liaison), Vice Chair 5-11-12 5/11/10 Judy Lapointe Jennings (Senior Citizen) 5-11-12 5/11/10 Father Joseph Lopez (Faith Based Partners) 5-11-12 5/11/10 *Grete McBath (Worksite Wellness) 5-11-11 5/11/10 Venessa Santos -Garza (Comm. Outreach) 5-11-12 5/11/10 *Wade Spenst (At Large) 5-11-11 5/11/10 (The Mayor's Fitness Council is recommending the reappointments of Jane Bell (Disability Network), D. Scott Elliff (Youth/After School), Grete McBath (Worksite Wellness) and Wade Spenst (At Large). They are also recommending the new appointment -of Elizabeth Feeny (Corporate Initiatives). Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation —24— ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Jane Bell (Disability Network) 7 D. Scott Elliff (Youth/After) 7 Grete McBath (Worksite/Well) 7 Wade Spenst (At Large) 7 NO. PRESENT 7 5(2exc) 4(3exc) 6(lexc) OTHER INDIVIDUALS EXPRESSING INTEREST Nicole Andrade Andi Baker % OF ATTENDANCE LAST TERM YEAR 100% 71% 57% 86% Human Resource Manager, Texas State Aquarium. Received Associates Degree in Business Administration from Del Mar College and Bachelors in HR from Saint Leo University. Currently Pursing Masters Degree at Saint Leo University. Activities include: Corpus Christi Human Resource Management Association and Local American Society for Training and Development. (Worksite Wellness, At Large) (5/14/11) Realtor, Keller Williams Realty. Received BBA from University of North Texas. Activities include: Association of Realtors and Builders Association. (At Large) (4/12111) Alyssa "Michelle" Barrera Graduate Student, Texas A&M University -Corpus Christi. Currently Pursuing Masters Degree in Public Administration. Received Bachelors in Marketing from Texas A&M University -Corpus Christi. Fellow/Intem for Bold Future for the Coastal Bend. Activities include: Volunteer for Advisory Committee on Community Pride, Clean City Advisory Committee and 4th of July Celebration. Planning Committee. (At Large) (4/26/11) Chris Barrows Maintenance Technician, Anchor Resort Condominiums. Certified Master Trainer. Former Owner of Exercise Studio and Former Boxing Coach. Activities include: Fitness Festival. (Corporate Initiatives, Worksite Wellness, Disability Network, Youth/After School, At Large) (1/10/11) Sarah Lathrop Baugh Chief Operating Officer, Dash Truck and Equipment Sales, Inc. Activities include: Cowboy Church Committee for Buc Days, Calallen Baptist Church, Junior League and Republican Party. (At Large) (2/25/11) —25— Victor Betancourt Jessica L. Engelbrect Elizabeth Feeney Fancy Flores Patricia Garcia Sandra L. Jackson William M. Kramer, Jr. Owner, V Fit Training Center. Certified Personal Trainer. Creator of V Fit Challenge. (Corporate Initiatives, Worksite Wellness, Disability Network YouthlAfter School, At Large) (1 /6/11) Registered Dietitian, National Renal Institute, DSI. Bachelor of Science in Human Nutrition from Oklahoma State University and Master of Science in Nutrition from Case Western Reserve University. Activities include: YMCA and Junior League. (Corporate Initiatives, Worksite Wellness, Disability Network Youth/After School, At Large) (1 /10/11) Self -Employed, Nutrition Coach. Received BS in Biology/Nutrition from University of Texas at Pan America and BA in Business Management from University of Texas at San Antonio. Activities include: Junior League of Corpus Christi and Kids in the Kitchen. (Corporate Initiatives, Worksite Wellness, At Large) (5/20/11) Regional Wellness Coordinator, AEP Texas. Received BS in Nutrition Science and M.ED in Adult Education from Texas A&M University -Kingsville. Activities include: Big Sister for BGBS and Southwest Transplant Alliance. (Worksite Wellness, Corporate Initiatives, At Large) (5/13/11) Owner/Manager, Wildfire Enterprises, Inc. Received a BA in Public Relations and MS in Counseling. Activities include: LCCAA, LCC 29, United Way, FHCAC and Junior Achievement Board. (Worksite Wellness, Corporate Initiatives, At Large) (1-25-11) Equipment Specialist, Corpus Christi Army Depot. Currently attending Texas A&M University -Corpus Christi. Activities include: Corpus Christi Area Chapter Blacks in Government. (At Large) (4/28/11) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. - Activities -include: Cystic Fibrosis Walk and Diabetes Walk. (At Large) (6/17111) —26— Bryan Mayhood Director of Season Ticket Services, Corpus Christi Hooks Baseball Club. Graduated from Texas A&M University - Corpus Christi. Activities include: Heart Walk Committee. (Corporate Initiatives, Worksite Wellness, Disability Network Youth/After School, At Large) (1 /5/11) Anthony John Mulheron Quality Control Inspector, 13. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (At Large) (5/2/11) Melissa N. Nesmith Mohamad Omar M.A., Allergy, Asthma, and Dermatology — James Caplin M.D. Biomedical Science pre -Physician Assistant and Emergency Medicine Research Associate — Spohn Memorial. Received Associate's Degree from Del Mar College and Bachelor's Degree from Texas A&M University -Corpus Christi. (At Large) (1-21-11) Self Employed. Doctorate of Business Administration. Graduate of Leadership Corpus Christi, Class 38. (At Large) (4/25/11) Raquel G. Richardson Owner, Brinca! Received MPA from Texas A&M Abel A. Sanchez James Scoville Guy Watts University -Corpus Christi. Formerly worked with the City of Corpus Christi. Career Development Alumni. (Youth/After School, At Large) (6/17/11) Retired, United States Postal Service Letter Carrier. Attended Del Mar College. Activities include: Veteran Center, Coastal Bend Council of Alcohol and Drugs, Veteran's Administration Outpatient Clinic and Golf Marshal at Naval Air Station. (At Large) (4/12/11) President/C.E.O., YMCA of the Coastal Bend. Received a B.A. in Leisure Administration from Iowa State University and a Master Degree in Health Care Administration from Des Moines University. (Corporate Initiatives, Worksite Wellness, Disability Network YouthlAfter School, At Large) (1-25-11) Attomey, Watts Law Office. Served as Del Mar Regent. Received AA, BS, MS, BA, JD and Ph.D. Activities include: Beach to Bay, YMCA, Youth Sports Networ, and Youth Sports Coach. Has Participated in Marathons, Weight Lifting, Swimming, and Running. (At Large) (3/22/11) —27— 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/28/2011 AGENDA ITEM: RECOMMENDATION: Motion approving a service agreement with R&R Delivery Service, Corpus Christi, Texas, for meal delivery service consisting of the delivery of approximately 200,000 meals for the Elderly Nutrition Program, Adult Protective and Title XX Meals on Wheels, in accordance with Bid Invitation No. Bl -0116-11 based on only bid for an estimated annual expenditure of $268,000, of which $22,333.33 is required in FY10-11. The term of the agreement will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager, or designee. Funds have been budgeted by the Senior Community Services of the Parks and Recreation Department in FY10-11. ISSUE: This service is used by the Senior Community Services for recipients of the Elderly Nutrition Program, Adult Protective, and Title XX Meals on Wheels of the home delivered meal program. This service consists of approximately 800 meals delivered to designated recipients between 10:30 a.m. and 1:30 p.m., Monday through Friday for approximately 250 days. 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. Attachments —31— Michae Barrera Ass'stant Director of Financial Services mikeb@cctexas.com 361-826-3169 BACKGROUND INFORMATION ecipi Program, Adult Protective, and Title XX Meals on Wheels of the home delivered meal program. This service consists of approximately 800 meals delivered to designated recipients between 10:30 a.m. and 1:30 p.m., Monday through Friday for approximately 250 days. The previous contract has exhausted all available extension options. In April 2011, the City issued a bid invitation, which was published in the Corpus Christi Caller Times and issued to eight potential bidders. The City received one response. Award Basis: Only bid. Price Comparison: When the unit price is compared to the previous bid of April 2008, pricing has increased approximately 4%. -32- BID INVITATION NO: BI -0116-11 MEAL DELIVERY SERVICES BUYER: REBECCA JEFFCOAT CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION DESCRIPTION 1. CITY WIDE DELIVERIES: Approximately 800 meals each day for a twelve month period consisting of 250 days to be delivered between 10:30 a.m. and 1:30 p.m. QTY UNIT 200,000 MEAL -33- R & R DELIVERY SERVICE CORPUS CHRISTI, TX. UNIT PRICE TOTAL PRICE $1.34 $268,000.00 TOTAL $268,000.00 SERVICE AGREEMENT MEAL DELIVERY SERVICE Contractor R & R Delivery Service Service Agreement No. SA THIS MEAL DELIVERY SERVICE CONTRACT (this "Agreement") is entered into by and between R&R Delivery Serv. (the "Contractor") and the City of' Corpus Christi, a Texas home -rule municipal corporation (the "City") effective for all purposes upon execution by the City Manager or designee. WHEREAS Contractor has proposed to provide MEAL DELIVERY SERVICE in response to Bid Invitation No. BI -0116-11, which is incorporated and attached as Exhibit A); WHEREAS the City has determined Contractor to be the lowest responsible Bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform the MEAL DELIVERY SERVICE in accordance with BI -0116-11. 2. Term. This Agreement is for twelve (12) months from notification of Contractor by the City to commence. The term includes an option to extend for two additional twelve-month periods subject to the approval of the Contractor and the City Manager or designee ("City Manager"). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Nutrition Services Coordinator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least 30 days notice, sent by certified mail, of cancellation, material change in the coverages, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's, or designee's, written request. Insurance requirements are attached and incorporated by reference in Exhibit A, and may be revised annually by the City Manager upon 30 days written notice to Contractor. —34— 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in the annual budget. The City does not represent that this or any other budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each annual budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement or Contractor's bid offer to Bid Invitation No. BI -0116-11 waives any subsequent breach of the same. 9. Compliance with laws. This Agreement is subject to all federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Nutrition Services Coordinator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI -0116-11. Failure to keep all insurance policies and fidelity bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor at least five (5) working days advance written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement upon twenty (20) days' advance written notice to Contractor. However, City may terminate this Agreement on twenty-four (24) hours' advance written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes as set out in Section 13. —35— 13. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within thirty (30) days of City Manager's written request. 14. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero -tolerance drug policy. 15. Violence Policy. Contractor must adopt a Violence in the Workplace policy that substantially conforms to the City's policy. The City has a zero -tolerance violence policy. 16. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and shall be deemed received on the day faxed or hand -delivered or on the third day after deposit in the U.S. mail, if sent by certified mail. Notice shall be addressed as follows: IF TO CITY: City of Corpus Christi Attention: Nutrition Service Coordinator, Senior Community Service Program P.O. Box 9277 Corpus Christi, Texas 78469-9277 FAX No.: 361- 880-3145 IF TO CONTRACTOR: Contractor Name: Contact Person: Address: City, State, Zip: FAX No.: 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new contract upon expiration of the original contract period or any extension period, the Contractor shall continue to provide services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER HIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF -36— WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED T() BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY HIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this 26th day of April , 2011 Contractor: R & R Delivery Service Name: Russell P. James �Q Po j26 Title: Owner/Operator u �Um CITY OF CORPUS CHRISTI Michael Barrera Assistant Director of Financial Services APPROVED THIS DAY OF "S�..+e. , 2-S8' Z,o‘\ . CARLOS VALDEZ, CITY ATTORNEY By: n aez, Asst City Attorney Incorporated by reference: Exhibit A: Bid Invitation No. BI -0116-11, including insurance requirements. —37— 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/28/2011 AGENDA ITEM: RECOMMENDATION: Motion approving a service agreement with ARC/Ridgway's, Corpus Christi, Texas for blueprinting service in accordance with Bid Invitation No. BI -0125-11, based on only bid for an estimated annual expenditure of $111,058.61 of which $9,254.88 is required for the remainder of FY 2010-2011. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the using departments in FY 2010-2011 and requested for FY 2011- 2012. ISSUE: To establish a service agreement for blueprinting services used by the Aviation, Engineering, Storm Water, Wastewater and Water Departments for reproducing original subdivision plats, block maps, construction prints, land use maps and other architectural/ engineering drawings. 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. —41— Michael Barrera Assistant Director of inancial Services mikeb@cctexas.com 361-826-3169 BACKGROUND INFORMATION All options to extend the previous contract have been exercised, requiring the City to establish a new contract for the blueprinting service. The City expects to spend approximately $111,058.61 annually for this service. For evaluation purposes, bidders were requested to submit pricing as a rate for an estimated quantity of each type of service provided. The quantities shown on the bid tabulation represent estimates of the most commonly ordered items under the contract. The actual quantities ordered will be commensurate with the City's actual requirements during the contract period. Award Basis: Only bid- Historically, the City has received a limited number of bids for this service. Specialized equipment, required to produce the types of documents required under this contract, limits the amount of bidders available. Price Comparison When compared to the previous award in 2008, pricing has increased by 21%. The increase is partially due to an increase in the cost of paper. —42— BID INVITATION NO.: BI -0125-11 BLUEPRINTING SERVICE BUYER: SAVANNAH KIRKPATRICK DATE: JUNE 28, 2011 ITEM CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION DESCRIPTION QTY UNIT ARC/RIDGWAYS CORPUS CHRISTI, TX UNIT TOTAL PRICE PRICE 1.0 1.1 1.2 1.3 2.0 2.1 2.2 2.3 LARGE DOCUMENT COPIES (LDC), SAME SIZE, ENLARGEMENT OR REDUCTION 20# BOND VELLUM COPIES MYLAR - 4 MIL., MATTE, SINGLE OR DOUBLE SIDE COLOR COPIES 8 1/2"X 11" 8 1/2"X 14" 11"X17" 3 VACUUM FRAME MOUNTING - 3/16" FOAM BOARD INCLUDED 4 5 LARGE MOUNTING- MOUNTING EXCEEDING VACUUM FRAME CAPACITY, 3/16" FOAM BOARD INCLUDED 8 1/2" X 11" BLACK 8 WHITE "SPECIFICATION BOOK" TOTAL 952,398 SQ. FT. 0.0580 55239.08 10,584 SQ. FT. 0,09 952.56 2,503 50. FT. 0.55 1376.65 2,503 EACH 0.35 876.05 1,877 EACH 0.35 - 656.95 1,252 EACH 0.50 626.00 343 SQ. FT. 1.25 428.75 343 SQ.FT. 2.25 771.75 1,319,232 -43- EACH 0.038 50,130.82 $111,058.61 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/28/2011 AGENDA ITEM: A. Motion authorizing the City Manager or designee to accept a grant in the amount of $96,709 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. B. Ordinance appropriating $96,709 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area; and declaring an emergency. ISSUE: The Office of National Drug Control Policy provides funding each year for the City to participate in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative (HIDTA). PREVIOUS COUNCIL ACTION: Accepting and appropriating the first award for $70,031 on May 24, 2011. REQUIRED COUNCIL ACTION: Accepting the grant awards and appropriating the funds. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant awards and appropriating the funds. Attachments: Grant award documents —47— D. Troy Riggs Chief of Police trovrCa�cctexas.com 886-2603 BACKGROUND INFORMATION The Corpus Christi Police Department is in the 15th year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country. This grant award is for the time period 01/01/2011 — 12/31/2012. There are no matching funds required. This is the second award bringing the total budget to $166,740. —48— Executive Office of the President Office of National Drug Control Policy AWARD Grant Page 1 of 1 1. Recipient Name and Address Chief Bryan Smith Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 4. Award Number: GlIHN0006A 5. Grant Period: From 01/01/2011 to 12/31/2012 1A. Subrecipient IRS/Vendor No. 6. Date: 5/31/2011 Subrecipient Name and Address 8. Supplement Number 1 7. Action Initial EX Supplemental 2A. Subrecipient IRS/Vendor No.: 9. Previous Award Amount: $70,031.00 3. Project Title Texas Coastal Corridor Initiative 10. Remaining Amount: $96,709.00 11. Total Award: $166,740.00 12. • The above grant is approved subject to such conditions or limitation as are set forth in the original Grant. • Consistent with P.L. 112-10, the Department of Defense and Full -Year Continuing Appropriations Act, 2011, this Grant Award document provides additional funding in the amount indicated in Block 10. This amount, together with the amount equivalent to 42% of the fiscal year 2010 funding level previously made available, as indicated in Block 9, represents the total FY2011 budget and spending ceiling for this initiative, as indicated in Block 11. • The budget attached to the original award is consistent with this full award amount. 13. Statutory Authority for Grant: Public Law 112-10 14. Typed Name and Title of Approving Official Michael K. Gottlieb Acting National HIDTA Director 15, Typed Name and Title of Authorized Official Bryan Smith \(0Lj %;85.5 Corpus Christi Police Department 16. Signature of Ap.roving ONDCP Official 17. Signature of Authorized Recipient/Date �Amw 18. Accounting Classification Code DUNS: 069457786 EIN: 1746000574A5 19. HIDTA AWARD ONDIOB3SE1112 OND2000000 OC 4101 —49— ORDINANCE APPROPRIATING $96,709 IN THE NO. 1061 POLICE GRANTS FUND FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF NATIONAL DRUG CONTROL POLICY TO SUPPORT THE POLICE DEPARTMENT'S ROLE IN THE TEXAS COASTAL CORRIDOR INITIATIVE IN THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $96,709 is appropriated in the No. 1061 Police Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. 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 June, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: June 10, 2011 7. � T. Trisha Dang Assistant City Attorney For City Attorney —50— Corpus Christi, Texas day of , 2011 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 The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott__ David Loeb —51— 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/28/2011 AGENDA ITEM: AN ORDINANCE APPROPRIATING $759,163 IN REVENUE FROM CUSTOMER FACILITY CHARGES IN THE NO. 4631 AIRPORT CUSTOMER FACILITY CHARGE FUND TO FUND DESIGN, CONSTRUCTION AND DEBT SERVICE ASSOCIATED WITH THE QUICK TURN AROUND FACILITY FOR RENTAL CAR OPERATIONS AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AMENDING THE FY2010-11 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 028995 TO INCREASE APPROPRIATIONS BY $759,163 AND DECLARING AN EMERGENCY. ISSUE: Design and construction of Corpus Christi International Airport's Rent A Car (RAC's) Quick Turn Around Facility is funded from a $3.50 Customer Facility Charge (CFC) on vehicles rented at the Airport. The fee is paid on each transaction day up to maximum number of days. The CFC was authorized to fund the design, construction, debt service, renovation, repair, operating, and maintenance costs of existing and future facilities that are allocable or attributable to the operations of the rental car concessions at the Airport. The CFC revenue must be appropriated to fund project costs. REQUIRED COUNCIL ACTION: Approval of the appropriation ordinance as presented. PREVIOUS COUNCIL ACTION: Attachments Exhibit A. CFC Appropriation Ordinance —55— Fred Segundo, AAE Director of Aviation freds@cctexas.com 361.289.0171 x1213 BACKGROUND INFORMATION The On- Airport Rental Car Concession and Lease Agreements executed between the City and Rent-A-Car (RAC) Companies on November 1, 2009 included provisions for the collection and remittance of a Customer Facility Charge (CFC) to the City. The CFC is a fee collected by the RACs from customers that rent a car at the Airport only. Industry data reflects that approximately 98% of vehicles rented at the Airport are by customers from outside of Corpus Christi. The CFC collected by the RAC funds the design, construction, repair, operations and maintenance of the new QTA Maintenance Facility. Based on current projection, the Airport should receive approximately $800,000 annually in CFC receipts. On May 18, 2010, the City Council authorized the issuance of $5.5 million in Certificates of Obligation (COs) to fund the construction of the QTA. Debt Service on the COs will be approximately $485,000 annually. A contract was awarded to Bar -Com for construction of the QTA and work was initiated in January of 2011 with completion anticipated in February 2012. When completed, the proposed facility would be the first Leadership in Energy and Environmental Design (LEED) Certified city building. —56— Page 1 of 2 ORDINANCE APPROPRIATING $759,163 IN REVENUE FROM CUSTOMER FACILITY CHARGES IN THE NO. 4631 AIRPORT CUSTOMER FACILITY CHARGE FUND TO FUND DESIGN, CONSTRUCTION AND DEBT SERVICE ASSOCIATED WITH THE QUICK TURN AROUND FACILITY FOR RENTAL CAR OPERATIONS AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AMENDING THE FY2010-11 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 028995 TO INCREASE APPROPRIATIONS BY $759,163 AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $759,163 in revenue from customer facility charges in the No. 4631 Airport Customer Facility Charge Fund is appropriated to fund design, construction and debt service associated with the Quick Turn Around Facility for rental car operations at— Corpus Christi International Airport. SECTION 2. That the FY 2010-2011 capital budget adopted by Ordinance 028995 is changed by increasing appropriations by $759,163. 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 takes effect upon first reading as an emergency measure this the _ day of 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved , 2011 \,q 9 Lisa A9 uil Assistant City Attorney For City Attorney Ord-approp-AirportCustFacility –57– Corpus Christi, Texas Day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott —58— CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 28, 2011 AGENDA ITEM: Ordinance authorizing the City Manager or designee to execute a five year conduit use agreement with CenturyTel, Acquisition, LLC to install, operate and maintain telecommunications facilities within city conduit located in Ocean Drive right-of-way between Alameda Street and Sand Dollar Boulevard in consideration of $7,594.80 annual payment: declaring an emergency. ISSUE: CenturyTel, Acquisition, LLC desires to continue conduit use for its telecommunications. REQUIRED COUNCIL ACTION: Approval of the Ordinance. PREVIOUS COUNCIL ACTION: On August 30, 2005, Council authorized a five year conduit use agreement with CenturyTel, Acquisition, LLC. CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented Attachments CenturyTel, Acquisition, LLC contract –61– �1 k.i_ . 4 /11I... chael Armstr — Director of MIS 361-826-3735 michaelar@cctexas.com BACKGROUND INFORMATION The City has a four inch diameter conduit located on Ocean Drive between Alameda Street and Sand Dollar Drive. The total length of the conduit is 4,867 feet with six handholes. KMC Telecom, Inc. initially received a five year agreement to use the conduit in exchange for equipment. When CenturyTel Acquisition, LLC acquired KMC they continued use of the conduit. The conduit contains three inner ducts inside the conduit. CenturyTel Acquisition, LLC utilized one of the three inner ducts. CenturyTel, Inc. desires to continue same use for telecommunication facilities. The proposed five year agreement provides for annual payment of $1.56 per foot/year, for total of $7,594.80 per year. —62— Page 1 CONDUIT USE AGREEMENT This Conduit Use Agreement ("The Agreement') Is executed as of the _ day of between CenturyTel Acquisition LLC d/b/a KMC Telecom 111, a limited liability holding company wholly owned by CenturyUnk ("CENTURYLINK), and the City of Corpus Christi, Texas (°City',, a Texas home rule municipal corporation. WITNESSETH WHEREAS in August 1999, the City and KMC Telecom Inc. executed a five-year Conduit Use Agreement regarding KMC use of City conduit; WHEREAS, as of June 30, 2005, CENTURYLINK has acquired KMC assets; andWHEREAS, the City Is willing to permit, under certain conditions set forth herein, the use by CENTURYLINK of certain City -owned conduit for placement of its telecommunications facilities NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties do hereby mutually covenant and agree as follows: Section 1. Description of the City Conduit. A conduit four inches in diameter, approximately 4,868 feet in length, presently containing six handholes, located on Ocean Drive between Alameda Street and Sand Dollar Drive, as depicted on Exhibit A to this Agreement, which exhibit is fully incorporated herein by reference. Section 2. Use of the City Conduit. The City shall designate for CENTURYLINK exclusive use one of the three inner ducts within the City Conduit. CENTURYLINK shall have unrestricted ingress and egress to its designated inner duct, through the handholes depicted in Exhibit A, for purposes of Installing, operating, maintaining, and repairing its telecommunications facilities. Installation, operation, maintenance and repair of CENTURYLINK telecommunication facilities within the City public way shall be performed in accordance with the terms and conditions set forth In this Agreement and its exhibits, which are fully incorporated herein by reference. Section 3. City Use of the City Conduit The City shall have the exclusive use of the remaining two inner ducts located within City Conduit. Section 4. Compensation to City for Use of City Conduit. On or before September 1 of each year of this Conduit Use Agreement, City shall invoice CENTURYLINK for sum of $1.56/foot of City Conduit, for total of $7,594.80 per year. The first payment shall be submitted within thirty days of the final approval of this Agreement by City Council. Thereafter, CENTURYLINK shall issue payment by October 1 of each year to City of Corpus Christi, Attention Collection Department, P. O. Box 9277, Corpus Christi, Texas 78469-9277. All payments should reference Conduit Use Agreement. Section 5. Issuance of Permits. CENTURYLINK must comply with City ordinances and codes to receive all necessary City of Corpus Christi permits prior to construction, maintenance, and repair of its telecommunications facilities placed in the City Conduit. Section 6. Term. The term of this Agreement shall be for five years, to commence upon the passage and approval by the City Council. Section 7. INDEMNIFICATION. CENTURYLINK shall Indemnify, defend and save harmless the City, its mayor and council members, appointed boards and commissions, officials, officers, employees, attomeys and insurance carriers, individually and collectively, from all losses, claims, suits, demands, expenses, subrogations, attorneys' fees or actions of any kind and nature resulting from personal injury to any person, including employees of CENTURYLINK or of any contractor or subcontractor employed by CENTURYLINK (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the acts of CENTURYLINK its contractors, subcontractors, officers, agents and employees while exercising any of the rights or privileges granted by this Conduit Use Agreement. The amount and type of insurance coverage requirements set forth herein will In no way be construed as limiting the scope of indemnity in this paragraph. CENTURYLINK further agrees and shall have the right to appear, defend, indemnify and hold harmless the City in any action, claim or suit challenging the grant of or any of the rights conferred upon CENTURYLINK by this Conduit Use Agreement meats and Settings\arh9100\My DocumentslCorpus Christi conduit Iease\CenturyTel 2010 agreement final 1 2.2.10.DOC tN 189946 —63— Page 3 Section 20. CENTURYLINK must provide proper safety and security devices to prevent possible injuries or accidents. No open trenches or pits are to be left overnight. All trenches must be backfilled promptly, the backfiii properly compacted, surface restored, and the work done In a neat and workmanlike manner. Section 21. CENTURYLINK must comply with all applicable Federal, State, and local laws and regulations, as may be amended. Interpretation of this Agreement and the rights and duties created hereunder shall be pursuant to the Constitution and laws of the State of Texas and the Charter and ordinances of the City. Section 22. Binding Effect.. This Agreement shall extend to and bind the successors and assigns of the parties hereto. Section 23. CENTURYUNK shall not be excused from complying with any of the terms and conditions of this Agreement by any failure of the City on one or more occasions to enforce compliance with such terms and conditions. Section 24. Assignment. Neither party shall have the right to assign this Agreement in whole or in part without the written consent of the other party, which consent shall not be unreasonably withheld. Section 25. Notice. Any notices required or provided in the administration of this Agreement shall be addressed, sent by overnight delivery or certified mail, as follows: If to the City: City of Corpus Christi 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78469 Attn: City Manager If to CENTURYLINK CENTURYLINK Real Estate Transactions and Analysis (RETA) 600 New Century Parkway KSNCAA0133 — RETA New Century, KS 66031 Attention: Real Estate Notices With a copy to: The Boles Law Firm Attn: L. Scott Patton 1818 Avenue of America Monroe, Louisiana 71201 Section 26. Modifications. All terms and conditions of this Agreement are contained herein and any modifications shall be in writing and approved by ordinance except as otherwise expressly provided herein. Section 27. Preemption. No provision of this Agreement shall be deemed void or unenforceable as a result of state or federal preemption unless and until so determined by a final, non -appealable order of a state or federal agency or court. Section 28. Publication. CENTURYUNK shall pay all costs of publication of notice as required by the City Charter. ['menta and Settings\arb91001My Documents\Corpus Christi conduit tease\Centurylel 2010 agreement final 122.10.DOC .RN 189946 -64- Lqend S.bibilog City M•dmW ® /mpend Mrunrlt 01 mbem Om ambit Anita dIgnets in IKL bttwai manholes, Exhibit " A " Map Not to Scale AIr:S41a-19-0! Page9- approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. CENTURYLINK's financial integrity Is of interest to the City; therefore, CENTURYLINK shall obtain and maintain in full force and effect for the duration of thls Contract, and any extension hereof, at CENTURYLINK's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business In the State of Texas and with an A.M. Best's rating of no less than 4 (VII). C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). CENTURYLINK shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. CENTURYLINK shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. CENTURYLINK agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City Is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 days written notice to the City of policy cancellation or non -renewal on the part of the insurance carrier or the Vendor, and hot less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend GENTURYUNICs performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon CENTURYLINK's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order CENTURYLINK to stop work hereunder, and/or withhold any payment(s) which become due to CENTURYLINK hereunder until CENTURYLINK demonstrates compliance with the requirements hereof. :omens and Settingslarb9I001Mfy Documents\Corpus Christi conduit tease\CenturyTel 2010 agreement final 12.2.10.DOC 89946 -66- Page tD proximately caused by the City's gross negligence, and shall not be liable in any event for any consequential damages relating to service interruptions. Such relocation by the City will be performed only when the Director of Engineering determines that it is necessary to prevent disruption of a City project. Such relocation will be accomplished by means of temporary construction and in a manner which will not unreasonably disrupt telecommunications services. The City shall make every effort to coordinate with Century Tel, Inc. prior to such necessary relocations and will not attempt to relocate such facilities until the City has exhausted the foregoing procedures. Century Tel, Inc. shall ultimately be responsible for the final permanent relocation of Century TeL Inc.'s facilities. (c) Where City Council finds that use of the facilities by another governmental agency serves the public purpose, the City may make facilities reserved for the City available to such agency on terms and conditions not Inconsistent herewith. (d) The City reserves the right to obtain bids from vendors, other than Century Tel, Inc. and other franchisees. (e) All facilities shall be underground unless placed on existing poles of another utility. Century Tel, Inc. shall lay, construct, operate, lease, maintain, repair and replace the telecommunications facilities in a manner that will not unreasonably interfere with use of the streets, alleys, or any public property or other public ways ("Public Way"). Should the owner of existing poles place their facilities underground, Century Tel, Inc. shall do likewise. (t) Century Tel, Inc. shall at its own expense repair, to the satisfaction of the City, all City owned water lines, storm and sanitary sewer lines, service lines, water meters, streets, sidewalks, curbs, gutters or other property of the City damaged by any of the operations of Century Tel, Inc., its contractors, subcontractors, employees, agents or assigns engaged in pursuant to this franchise. (g) Before Century Tel, Inc. constructs, extends or replaces the telecommunications facilities in any Public Way, it shall apply for and acquire a construction permit and pay all fees associated with same In accordance with this Section 5, and file with City Engineer a written work description, including scale drawings, showing the facility's location (or proposed location) and estimated depth of the facilities (existing and proposed). Such drawings and specifications shall be prepared, executed and sealed by a registered professional engineer. Such drawings and specifications will be reviewed by City Engineer and any comments will be provided to Century Tel, Inc. within thirty (30) days. Century Tel, Inc. agrees to make any changes to the drawings and specifications requested by City Engineer. Before Century Tel, Inc. performs any maintenance repairs, replacement or removal of facilities, Century Tel, Inc. shall give at least thirty (30) days notice to City Engineer as to the time and location of the proposed construction, repairs or replacement. Daily work schedules shall be provided to City Engineer by 8:30 am, each day any construction, repair or replacement of facility by Century Tel, Inc. is performed. When art emergency occurs that involves the facilities, repairs shall be performed by Century Tel, Inc. and notice shall be given to City Engineer within twenty-four (24) hours following initiation of such emergency repairs. Approval of all non -emergency construction, repair and replacement of the facilities must be obtained prior to such construction, repair and replacement, unless otherwise provided. Such approval shall not be unreasonably withheld or delayed. Approval by City Engineer shall constitute utility authority for the issuance of permits. (h) All work in the Public Way and other surfaces will be performed in accordance with the City specications and regulations for Street and Storm Drainage & Street Paving Construction and be subject to regulation, control and direction of the City Engineer. Aft work done in connection with the laying, construction, operation, maintenance, repairing and replacement of the facilities, in whole or in part, shall be in compliance with all applicable laws, ordinances, rules and regurations of City, County, the State of Texas, and the United States. (i) Century Tel, Inc. shall belong to the same underground utility locating system as the City. Prior to beginning any excavation trenching or digging using powered equipment or hand tools which may damage existing underground facilities, Century Tel, Inc. shall contact all appropriate underground utility coordinating systems and determine if there are any facilities in the vicinity of the proposed activities. If physical contact is uments and Settingslarb91001My Documenls\Cotpus Christi conduit lease\CenturyTel 2010 agreement final 12.2.10.DOC 89946 -67- Page IQ 60 days. Accuracy of as -built drawings shall meet a survey level of accuracy of 1 foot to 50,000 feet. The drawings shall also be supplied in DXF computer file format with the location tied to one nearby UPS (Global Positioning System) City Monument. If the total length of the construction extension or replacement exceeds 1,000 feet in length within the City, it shall be tied to at least two UPS City Monuments. (s) City Engineer shall have the power to make such other reasonable rules and regulations for the placement and manner of such facilities as he may deem appropriate for the protection of the public and the Public Ways and to avoid unreasonable interference with other uses or contemplated uses of the Public Ways. City Engineer may perform regulatory inspections of any utility from time to time as he may deem appropriate for the safety of the public. City Engineer shall give five days prior written notice to franchise as to the time and date of any such inspections. Century Tel, Inc. shall have the right to have a representative present during such Inspection. (t) When submitting an application for a construction permit as provided in this Section 5 , Century Tel, Inc. agrees to pay the applicable permit fees. (u) No construction permit shall be granted to Century Tel, Inc. unless and until all fees due and payable pursuant to this franchise have been paid in full, Including any fees due and payable for such construction permit. cu merits and Settings\arb91001My Documents\Corpus Christi conduit lease\CenturyTel 2010 agreement final 12.2.10.D0C 189946 -68- ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE YEAR CONDUIT USE AGREEMENT WITH CENTURYTEL, ACQUISITION, LLC TO INSTALL, OPERATE AND MAINTAIN TELECOMMUNICATIONS FACILITIES WITHIN CITY CONDUIT LOCATED IN OCEAN DRIVE RIGHT-OF-WAY BETWEEN ALAMEDA STREET AND SAND DOLLAR BOULEVARD IN CONSIDERATION OF $7,594.80 ANNUAL PAYMENT; DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute a five year conduit use agreement with CenturyTel, Acquisition, LLC to install, operate and maintain telecommunications facilities within approximately 4,800 feet of City conduit located on Ocean Drive right-of-way between Alameda Street and Sand Dollar Boulevard in consideration of annual payment of $1.56 per foot/year for total annual payment of $7,594.80. A copy of the agreement is on file with the City Secretary. 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 , 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved as to form: June 23, 2011 By: le—(';-* Lisa Aguilar Assistant City Attorney for City Attorney —69— Corpus Christi, Texas Day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott —70— 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 28, 2011 AGENDA ITEM: Ordinance authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the Port of Corpus Christi Authority for sharing of network resources. ISSUE: This inter -local agreement will allow the City to share resources and assist each entity in expanding their network services to each of their respective networks. The City needs fiber for network and wireless backhaul in the area of North Beach to improve AMR and wireless network services. The Port of Corpus Christi needs fiber infrastructure to their Emergency Operations Center by Whataburger field. REQUIRED COUNCIL ACTION: City Council must approve all inter -local agreements. PREVIOUS COUNCIL ACTION: Fiber share agreement with Tel -West, October 13, 2009 Fiber share agreement with Tuloso Miday I.S.D. September 30, 2008 Fiber share agreement with Calallen I.S.D. June 21, 2001 CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented Attachments Ordinance Interlocal Agreement i'ili<: 111,4.E Mi rael ' r st'. ng Director of MIS 361-826-3735 michaelar@cctexas.com —73— BACKGROUND INFORMATION The creation of an Inter -Local Agreement to allow the City and the Port to collaborate and share services when available will reduce cost for both parties, increased management efficiencies of their IT infrastructure, and will improve the service levels each entity is currently providing. The City of Corpus Christi has been exploring options to improve the IT network infrastructure in the North Beach area for some time now. Crossing the port channel exclusively for city network services has been cost prohibitive up to now and would require a lengthy complex permitting process. The City is currently using wireless point to point devices to support AMR, Public WiFi, Security Cameras and SCADA. Having fiber in place will enhance our ability to deliver an increased level of service while also increasing our network options to service public and non-public areas. This will also reduce the overall cost of managing our network infrastructure and give us the ability to be more responsive to network support issues in the future. The Port of Corpus Christi needs to get fiber to their operations center and data center and currently does not have fiber linking these two facilities together. Sharing the City's fiber network to link their facilities on both sides of the port channel will increase their efficiencies and reduce over management of their network. The term of the agreement is for an initial term of 1 year with an automatic annual renewal for four succeeding one-year terms, unless terminated or modified as set out in the agreement. —74— Page 1 of 1 ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE PORT OF CORPUS CHRISTI AUTHORITY FOR SHARING OF NETWORK RESOURCES; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to execute an interlocal cooperation agreement with Port of Corpus Christi Authority for sharing of network resources. A copy of the interlocal agreement shall be filed in the City Secretary's Office. The City Manager is authorized to approve amendments which do not change the scope of the interlocal agreement. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: June 23, 2011 By: ..,crz- Lisa Aguilar, As ' ant City Attorney For the City Attorney Joe Adame Mayor —75— Corpus Christi, Texas Day of ,2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott —76— INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE PORT OF CORPUS CHRISTI AUTHORITY REGARDING SHARING OF NETWORK RESOURCES General Recital This agreement is entered into between the Port of Corpus Christi Authority, a Texas governmental entity (GOVERNMENTAL ENTITY) and the City of Corpus Christi, a Texas home -rule municipal corporation (CITY) for the purposes of the Texas Intergovernmental Cooperation Act, Government Code, Chapter 791, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, GOVERNMENTAL ENTITY AND CITY desire to share available network resources to improve each entity's respective network services capabilities; NOW, THEREFORE, in consideration of the mutual promises herein, CITY and GOVERNMENTAL ENTITY agree as follows: 1.1 Article I Purpose GOVERNMENTAL ENTITY desires to obtain right to use available network resources of the CITY system specifically described in Exhibit A of this Agreement AND the CITY desires to obtain right to use available network resources of the GOVERNMENTAL ENTITY specifically described in Exhibit A of this Agreement. Article H Grant of Use 2.1 CITY grants non-exclusive right of use to GOVERNMENTAL ENTITY for the network resources specified in Exhibit A. 2.2 CITY also grants GOVERNMENTAL ENTITY a non-exclusive right to use tangible and intangible personal property GOVERNMENTAL ENTITY needs to use City -owned fibers, which is located within the City owned network resource outlined in Exhibit A, including but not limited to cable sheathing, troughing, pedestals, slack containers, and related equipment, but excluding any electronic or optronic equipment. GOVERNMENTAL ENTITY shall be entitled City of Corpus Christi Page I1 _77_ to use CITY -owned network resources listed on Exhibit A for GOVERNMENTAL ENTITY'S sole use in compliance with lawful purposes of GOVERNMENTAL ENTITY. 2.3 GOVERNMENTAL ENTITY grants non-exclusive right of use to CITY for the network resources specified in Exhibit A. 2.4 GOVERNMENTAL ENTITY also grants CITY a non-exclusive right to use tangible and intangible personal property CITY needs to use its GOVERNMENTAL ENTITY network resources listed on Exhibit A, including but not limited to cable sheathing, troughing, pedestals, slack containers, and related equipment, but excluding any electronic or optronic equipment. CITY shall be entitled to use GOVERNMENTAL ENTITY network resources listed on Exhibit A for CITY'S sole use in compliance with lawful purposes of CITY. 2.5 Party' s use of Resources (a) CITY shall have full use of identified resources in Exhibit A for such CITY uses including but not limited to interconnection of City of Corpus Christi facilities, traffic signals, and other sites for improved data communications of the CITY. (b) GOVERNMENTAL ENTITY shall have full use of identified resources from Exhibit A for such GOVERNMENTAL ENTITY uses including but not limited to interconnection of GOVERNMENTAL ENTITY facilities and other sites for improved data communications of the GOVERNMENTAL ENTITY. 2.6 Ownership of Fiber (a) CITY shall own all the fiber in the system that is on City premises; (b) GOVERNMENTAL ENTITY shall own all the fiber in the system that is on GOVERNMENTAL ENTITY premises; (c) This is an exchange of the use of fiber within the system as shown in Exhibit A and should not be construed as an exchange of assets, liability, or any associated costs for maintenance and repair. 2.7 Access. CITY and GOVERNMENTAL ENTITY agree that the City or Corpus Christi will maintain control to access any CITY network resources and that GOVERNMENTAL ENTITY will maintain control to access any GOVERNMENTAL ENTITY network resources. City of Corpus Christi Page 2 _7g_ Article III Effective Date and Term 3.1 This Agreement is for one year beginning the Effective Date. 3.2 The effective date is defined as the latest date of signature on this agreement by the authorized representative of CITY and GOVERNMENTAL ENTITY. 3.3 The Agreement automatically renews for up to four succeeding one-year terms under the same conditions unless terminated or modified as set out herein. Article IV Repair and Maintenance 4.1 GOVERNMENTAL ENTITY shall be responsible for installation , repair, replacement and maintenance of GOVERNMENTAL ENTITY's network resources to the extent authorized under the GOVERNMENTAL ENTITY'S approved annual budget. 4.2 CITY shall be responsible for installation, repair, replacement, and maintenance of CITY' s network resources to the extent authorized under the City's approved annual budget. 4.3 Each party acknowledges that any connectivity service may be temporarily unavailable for scheduled or unscheduled maintenance, and for other reasons within and without the control of the City. Each party shall use best efforts to notify the other party in advance of planned activities on the network that may impair or eliminate signal continuity. The CITY contact for such notification is: Servicedesk@cctexas.com tel: 361-826-3766, or (361_826-3740. Mailing address: City of Corpus Christi, Attn: Chief Information Officer/Director of Municipal Information Systems, 1201 Leopard St. Corpus Christi Texas. 78401. The GOVERNMENTAL ENTITY contact for such notification is: Gustavo Espinosa, Gustavo@pocca.com , tel: 361-885-6150. Address: 222 Power St. Corpus Christi Tx. 78401. Article V 5.1 Limitation of Liability. Each party acknowledges that all products and services provided to the other party are provided on an "As Is" basis and that neither the CITY nor GOVERNMENTAL ENTITY make any warranty of any kind, expressed or implied, including, but not limited to, any warranty regarding City of Corpus Christi Page 13 —79— the reliability or suitability of any product or service for a particular purpose. CITY and GOVERNMENTAL ENTITY disclaim any warranty of merchantability or fitness for a particular purpose with respect to the products or services provided by each of them, respectively. 5.2 Each party acknowledges and understands that neither CITY nor GOVERNMENTAL ENTITY exercise any control over the nature, content, or reliability of the information delivered to the other party from the Internet or vice versa. 5.3 Under no circumstances shall either party be held responsible for damages or loss suffered by the other party as a result of such other party's direct or indirect use of the network resources under this Agreement. 5.4 Notwithstanding any provision of this Agreement to the contrary, neither party shall be liable to the other for any special, incidental, indirect, punitive or consequential damages, whether foreseeable or not, arising out of, or in connection with such party's failure to perform its respective obligations or breach of its respective representations hereunder, including, but not limited to, damage or loss of property or equipment, loss of profits or revenue, cost of capital, cost of replacement services (whether arising out of transmission interruptions or problems, any interruption or degradation of service or otherwise), or claims of GOVERNMENTAL ENTITY or CITY, in each case whether occasioned by any construction, reconstruction, relocation, repair or maintenance performed by, or failed to be performed by, the other party or any other cause whatsoever, including breach of contract, breach of warranty, negligence, or strict liability, all claims with respect to which such special, incidental, indirect, punitive or consequential damages are hereby specifically waived. Article VI Currently Available Funds 6.1 CITY and GOVERNMENTAL ENTITY agree that the performance of each is subject to the ability of the parties to provide or pay for the services required under this Agreement. CITY and GOVERNMENTAL ENTITY acknowledge that this agreement between them is Page 14 raireamorgarusgarozasfa City of Corpus Christi entered into in accordance with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In accordance with Chapter 791 of the Texas Government Code, the City and GOVERNMENTAL ENTITY acknowledge that any payments made in accordance with the terms of this agreement shall be made from current revenues available to the paying party, and any future payments are subject to appropriations. Article VII Termination of Agreement Terminationof this agreement may be caused by the following conditions: Either CITY or GOVERNMENTAL ENTITY may terminate the Agreement at any time without cause upon 90 days written notice of termination. Upon termination, each party shall immediately cease use of the equipment and network resources of the other party. Article VIII Governmental Service This Agreement is between CITY and GOVERNMENTAL ENTITY for the purpose of providing governmental services and not for the benefit of any third party or individual. Article IX Force Majeure CITY and GOVERNMENTAL ENTITY will exercise every reasonable effort to meet their respective obligations but shall not be liable for any delays including delays resulting from force majeure or other causes beyond reasonable control, including, but not limited to, compliance with any Government law or regulation, acts of God, acts of omission, fire, strikes, lockouts, national disasters, wars, riots, transportation problems, shortages of materials, and/or any other cause whatsoever beyond the reasonable control of the CITY and GOVERNMENTAL ENTITY. Article X Notification Notices may be given by hand or certified mail, postage prepaid, and is deemed received on the day hand delivered or on the third day after deposit if sent certified mail. Notice will be sent to the following: Page 15 City of Corpus Christi IF TO CITY: IF TO GOVERNMENTAL ENTITY: City of Corpus Christi Port of Corpus Christi Authority Attn: IT Program Coord. Attn: Gustavo Espinosa, IT Manager P.O. Box 9277 222 Power St. Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78401 Article XI Entirety Clause 11.1 This Agreement expresses the entire agreement between CITY and GOVERNMENTAL ENTITY. Any modification or amendment to this Agreement is not binding upon these identified parties unless reduced to writing and signed by persons authorized to make such Agreements on behalf of the respective party. Any modification or amendment which does not change the essential scope and purpose of this Agreement may be approved by the City Manager or designee on behalf of CITY and a duly authorized agent on behalf of GOVERNMENTAL ENTITY. Page 16 —82— City of Corpus Christi EXECUTED AGREEMENT EXECUTED in duplicate originals by the City of' Corpus Christi on this day of 2011. ATTEST: CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secretary Ronald L. Olson, City Manager Legal form approved on ,2011 By: Lisa Aguilar, Assistant City Attorney For the City Attorney m EXECUTED in duplicate originals by the Port of Corpus Christi Authority on this day of , 2011. Port of Corpus Christi Authority John P. LaRue, Executive Director CO Page 17 -83- City of Corpus Christi EXHIBIT A [CITY network resources which GOVERNMENTAL ENTITY desires to use:] [GOVERNMENTAL ENTITY network resources which CITY desires to use: PocGAfunction box. POCCA Is. *raiding 12 ern fiber from thispoint to a6kyjunction hex at the Texas N Aquatium. POCCA wnduh Underthe.stepping. Chang* PaCCA is providingeeedujt specefmr the Citykb run Glf•.dwned fiber: Pg4ekldnctlars'baarwli¢ie p¢LCA' wtll ievi e.rade edam;.sncitxmarfi city.neheork and yriteless. POCCA*Melded conduit. PgCCA hag their gwn.fiber i.vithin this conduct-Geywill -run additional fiber andforshare PoCGA;pmv dedsm tiber. City jprovided conduit and fiber: Tha Ctlywill allocate12 sm fib* for PCCCA use. -Weber ptoJtpep'teXPo'GGfi temhaatee add apneas win ,Gitytanetioa bob. PC'A ,thpr terminatesa OCilifi ioinf, `Cily.wili Oreate,R'seperntt ;darnairstiort forth; -'t2 sm fl'nee:b afNOCCA, PaOCAfibst ih. PoCCA�donrSuit, splicgr SqC1ty Anti ter iinaCA into thePcCGA' data gefeeh ;can poi:Zee: CA fibh:t Metalled. LEGEND ra"' crse�eqsy: eaYq.$Nilio: ,�PoCOA,Cbndplf,and eFiiel-liwjgt City df GC Condeltantl.aerlaf• criCaiidult maCwllPrun-CI1y. of of Carper. SPRY' of GG Condutbahat bile Hun PoCCA PM*: Page I8 -84- City of Corpus Christi EXHIBIT B DEFINTIONS Fiber (Fiber Optic Cable) — a cable that contains individual glass fibers, designed for the transmission of digital information, using light pulses. SM (Single Mode Fiber) — An optical fiber with a small core diameter in which only a single mode of light is capable of propagation. Junction Box (Junction or Pull standard) - Boxes that serve several functions for above and below ground fiber optic installations. Functions include the facilitation of cable pulling through conduits and raceways, for the reduction of cable stress within a cable run, for cable installations where there is a need to gain access to cable for splicing and testing, to store slack cable, and to house in line equipment. Boxes are available in many sizes, depending on their intended use and the space available for mounting the boxes. Ci y of Corpus Christi Page 19 —85— 1 9 AGENDA MEMORANDUM City Council Action Date: June 28, 2011 SUBJECT: Triple Crown and Citation Drive Area Improvements Project No. 2314 / CIP No. SW 11 AGENDA ITEM: Motion authorizing the City Manager or designee to execute a construction contract with Bridges Specialties of Sandia, Texas, in the amount of $110,185.06 for the Triple Crown and Citation Drive Area Improvements for the Base Bid plus Additive Alternate No. 2. ISSUE: This project provides critical drainage improvements for the Triple Crown Drive and Citation Drive area. The proposed improvements lower the drainage flow line by approximately 4 -feet, opens culverts under Triple Crown Drive with new curb inlet extensions to improve the drainage from the neighborhood. FUNDING: Funding is available from the FY 2011 Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of the Motion as presented. Va - e Gray, P Dir-*. or of Storm W- er and Street Operations 361/826-1875 valerieg@cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Support Material: Agenda Background Information Prior Project Actions Bid Tabulation Project Budget Location Map Pete Anaya, P.E. Director of Engineering Services 361/826-3781 petean@cctexas.com —89 H:\HOME\CLARISSAJ\GEN\STORM WATERU374 -TRIPLE CROWN AND CITATION DRIVE AREA\CONSTRUCTIOM2 AGENDA MEMODOCX AGENDA BACKGROUND INFORMATION SUBJECT: Triple Crown and Citation Drive Area Improvements Project No. 2314 / CIP No. SW 11 PROJECT DESCRIPTION: This project supports the City's commitment of providing the public infrastructure necessary for drainage. The project consists of re -grading approximately 500 linear feet of drainage ditch, installing approximately 25 linear feet of 18 - inch diameter reinforced concrete pipe and two Type A curb inlets with wings, two post and drop inlets, extension of 30 -inch diameter and 42 -inch diameter reinforced concrete pipe, pavement repair, construction of concrete rip rap and hydro -mulching or installing matting for the prevention of erosion. BID INFORMATION: On April 13, 2011, the City received proposals from six bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $99,457.47 to $155,597.70 for the base bid only. The engineer's estimated construction cost was $115,884.72. BID RECOMMENDATION: City staff analyzed the bids and found minor mathematical errors in the bid proposals from two contractors. City staff reviewed the required information submitted by the low bidder, Bridges Specialties, and verified the experience references provided by the contractor. The analysis concluded that Bridges Specialties has the ability to perform the work required to complete the project in a satisfactory manner. Therefore, City staff recommends that the contract be awarded to Bridges Specialties of Sandia, Texas, in the amount of $110,185.06 for the Base Bid plus Additive Alternate No. 2. CONTRACT TERMS: The project is estimated to require 30 calendar days for construction of the Base Bid plus Additive Alternative No. 2 with completion anticipated in August 2011. PROJECT BACKGROUND: On June 23, 2009, Change Order No. 1 to the construction contract with H & G Contractors in the amount of $117,064.40 for the Laguna Shores Road Rehabilitation project to undertake drainage improvements for the Triple Crown Road and Citation Drive Area was approved by City Council. This project was part of the FY 08 - 09 CIP for Minor Drainage Improvements. Soon after construction award and before the project was encumbered, H & G construction became insolvent and could not begin the project. When the bonding company took over H & G's on-going project list, they did not assume responsibility for this project because work had not begun yet. In April 2011 the work was re -bid and has subsequently come in at a lower price. This project needs to be completed because residents were promised the work in June 2009. This project will be complete with Strom Water CIP reserves. On Tuesday, March 12, 2011, the City of Corpus Christi approved the 2010-2011 Capital Improvement Program for funding City major capital improvements. This project supports the City's commitment of providing the public infrastructure necessary for drainage. EXHIBIT "A" Page 1 of 1 H:\HOME\CIarissaJ\GEN\Storm Water12314 - Triple Crown and Citation Drive Area \CONSTRUCTION\3 AGENDA BACKGROUND.dOCX PRIOR PROJECT ACTIONS SUBJECT: Triple Crown and Citation Drive Area Improvements Project No. 2314 / CIP No. SW 11 PRIOR COUNCIL ACTION: 1. June 23, 2009 — Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with H&G Contractors of Corpus Christi, Texas in the amount of $117,064.40 for a restated amount of $3,036745.56 for the Laguna Shores Road Rehabilitation from Graham Road to Hustlin' Hornet Drive Project to undertake drainage Improvements for the Triple Crown and Citation Drive Area. (Bond Issue 2004) (Motion M2009-177) Work was not done. 2. March 8, 2011 - Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. (Ordinance No. 028995) PRIOR ADMINISTRATIVE ACTION: NONE H;\HOME\Clarissa)\GEN\Storm Water\2314 - Triple Crown and Citation Drive Area \CONSTROCTION\4 AGENDA PRIOR PROJECT ACTIONS.docx EXHIBIT "B" Page 1 of 1 CO N TABULATED BY: Armando Gulieuez Date: Thursday, April 14, 2011 Time of Completion: 30 Calendar Days TABULATION OF BIOS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS ENGINEER'S ESTIMATE 5115,864.72 TRIPLE CROWN 8 CITATION DRIVE AREA DRAINAGE IMPROVEMENTS ICJ Project 1413. 2314) Clark Pipeline PO Box 1214 Corpus Christi, TX 78401 361416-6007 Garrett Construction P. 0. Box 1028 Ingleside, TX 78362 361-776-7575 Max Construction 3801 Saturn 8103 Corpus Christi, TX 78413 361-334-2832 Gin-Spen, Inc 780 W Kennedale Pky Kennedale TX 76080 281-300-3013 Myers Concrete Const PO Box 2928 Wimberley TTL 78676 512.847-8000 Bridges Spedlilies 117 Stovall Sandia, TX 78383 361-547-9534 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE Al A2 A3 A4 AS AB Al AS A9 A1042- All Al2 A13 A1430' BID - PART A: SITE PREPARATION Mobfzation 8. Demobilization Demolition Traffic Contrd SWPPP Msc Site Gredng Soddng and seeding Trenching Sidewalk Gibion Blankets RCP ext Mrh nutted! Type A curb Inlets 0roplPcst inlets it RCP ext with outran RCPexI with outran AND 1 1 1 1 0.97 0.5 10 20 304 8 2 2 25 32 GENERAL LS LS LS LS AC AC LF SF SY IF EA EA IF LF CONDIUONS 19,875.00 6,625.00 1,987,50 6,625.00 2.650,00 6.801.67 79.50 8.61 29.15 764,53 4,968,75 3,975.00 463.09 405.12 519,87S,00 56,625.00 5158730 56,625,00 52.570,50 53,400,94 5795.00 5172,20 50,861.60 56,116.24 5923750 37,950.00 511,577.25 512,963.84 16.350,00 1243.00 1,890.00 3,150.00 47.037,05 10,487.80 32.20 1930 54.05 655,90 7.411,90 4,355.05 125.713 980.95 316,350,00 51343.00 51590.00 53.150,00 345,525.94 35,243,90 5322.00 5390,00 316,431.20 55.327,20 314,823.90 38,710.10 53,142.50 531,710.40 5933200 34.16120 32438,00 3243200 318,925.00 329,551,00 313.00 39200 385.00 589200 34,184.00 32.448,00 5203.00 5249.00 39.332.00 34161.00 52438,00 33.43200 518,35725 314,775,50 5130.00 31,840.00 3225,610,00 35.536.00 38.366.00 54,855,00 55,075.00 57,958,00 520,000.00 55,000.00 55400.00 54,500.00 356,000.00 56,000.00 520.00 550.00 575,00 5250.00 54,000.00 53,000.00 5100.00 5100.00 320.000.00 55200.00 35,400.00 34500.00 554,320,00 33.00020 5200.00 51,000.00 $22800.00 32000.00 39000.00 36,00900 32,500.00 53,200.00 52200.00 53.200.00 52,700.00 3592.00 538,310.00 34,400,00 $205.00 557.00 5155,00 5735.00 58.900.00 55,700,00 5235.00 3515.00 32.200.00 33200.00 52.700.00 3592.00 337,160.70 32,200,00 32,050.00 51.140,00 347,120.00 35,880.00 517,600.00 511,400.00 55,875.00 2,500.00 2,500.00 1,500.00 1500.00 35,600.00 6500.00 28.00 1200 34.31 53287 5,337.50 5.076,00 166.20 32.500,00 32.500.00 51.500,00 31.500.00 534,532.00 53,250.00' 3290.00 5360.00 310,430.24 34,262.90 510,675.00 310,152.00 34,155,00 516,480,00 185.63 35940,16 TOTAL BASE BID 199,45747 3154,860.04 5112,148.75 3137,920.00 5155.697.70 392,037.36 ADDITIVE ALTERNATIVE 140.1 : CONCRETE RIP RAP 1N PLACE A15 Concrete Rip Rap 8 headwall I 304 SY 36.97 OF GABIONS 511,238.88 39.35 311.962.40 3126.00 538.304,00 585.00 525.640.00 -583,00 -525,23200 65.00 519,760,00 ADDITIVE ALTERNATIVE 140, 1 111,23828 511,96240 339.304.00 325,84020 4325,232001 519,760.00 ADDITIVE ALTERNATIVE NO, 2: EROSION MATTING AM Erosion Matting I 1 I AC 52,116,67 526.058.34 52,800.00 526,400.00 347,485,00 523142.50 566,000,00 533,000,00 364,000,00 332,000.00 36295,40 518.14770 ADDITIVE ALTERNATIVE N0. 2 526,058.34 52640020 523,74230 $33,000.00 53200020 316,147.70 Base Bid 599,457.47 3154,860.04 5112,148.75 3132920.00 5155.597.70 BaruBio SAO A7 5110,696.75 4188.822.44 3150,452.75 5163,760-00 5130,365.70 Base Bid 4A882 5125,515.80 3181,260,04 3135.691.25 317992020 3187597.70 Base Bid • -8881 + AB 82 3176,754.68 5193,222.44 3174,195.25 519276020 5162365.70 The nee m, n. -s.,. Inititatel .n , 1 n . ..t The e ca.', ,eTleatep M„the vent et. the ,,,,, t. s. the 392,037.36 $111,111. 797.7.36 5129,5.06 5129,94445.06 5E 2 a a] XHIBIT "C" Pase1 oft PROJECT BUDGET TRIPLE CROWN AND CITATION DRIVE AREA IMPROVEMENTS Project No. 2314 June 28, 2011 FUNDS AVAILABLE: Storm Water CIP (2010-2011) $144,878.55 Previous Years' CIP $0.00 TOTAL $144,878.55 FUNDS REQUIRED: Construction (Bridges Specialties) $110,185.06 Contingencies $11,018.51 Consultant Fees: Materials Testing $2,203.70 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) $3,030.09 In -House Engineering Design $8,800.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) $3,856.48 Construction Inspection $3,856.48 Misc. (Printing, Advertising, etc.) 550.93 Finance Issuance 1,377.31 TOTAL $144,878.55 ESTIMATED PROJECT BUDGET BALANCE 0.00 -93- EXHIBIT "D" Page 1 of 1 Mproject \eouncilexhibits\exh2314.d wg PROJECT LOCATION LOCATION MAP NOT TO SCALE PROJECT SITE PROJECT #2314 /CIP No. St. 10 VICINITY MAP NOT TO SCALE EXHIBIT "E" Triple Crown and Citation Drive Area Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 6/28/2011 -94- 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 28, 2011 AGENDA ITEM: Motion appointing Council Members as Board Members of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. ISSUE: The City has three corporations for which the City Council serves as the Board of Directors. These corporations include the Corpus Christi Community Improvement Corporation (CCCIC), the Corpus Christi Housing Finance Corporation (CCHFC), and the Corpus Christi Industrial Development Corporation (CCIDC). Of the three, the Corpus Christi Community Improvement Corporation is incorporated under the Texas Nonprofit Corporations Act and therefore appoints its own membership, as opposed to the other two for which the Council makes the appointments. RECOMMENDATION: Appointment of Council Members to the Board membership of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. Armando Chapa City Secretary armandoc(Wcctexas. com (361) 826-3105 —97— 11 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: June 28, 2011 Public hearing and first reading ordinance to consider abandoning and vacating a 1,764 square foot portion of a 15 -foot wide public alley right-of-way, out of Lots 4-7, Block 9, Bay View Addition, said public right of way, being located between Santa Fe Street and Fifth Street, and just north of the Morgan Avenue public street right-of-way, subject to compliance with the specified conditions. ISSUE: Dr. CesarAlbarracin ("Owner") is requesting the public alley abandonment and vacation to secure his property from vandalism, robberies, and unauthorized activities. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9 requires Council approval to abandon and vacate any portion of public rights-of-way. City Charter Article X, Paragraph 11, requires a public hearing prior to vacating and abandonment of any public rights-of-way. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance in accordance with City of Corpus Christi, Code of Ordinances §49-12 (a), all grants of establishment or closing of public streets, alleys, or other public ways must be recorded in the real property records of the county in which the property is located. Prior to permitting any construction on the land, a current survey, abstracted for all streets, alleys, or public ways, and items of record must be submitted to the Assistant City Manager for Engineering and Development Services. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Juan Perales, Jr., P.E. Assistant City Manager Engineering and Development Services Email: JohnnvP(a cctexas.com Telephone: 361-826-3828 Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map L:\PLN•DIR\special-serv.\willie medina\city council agenda 2011\alley-clo\Bayview Addition.M —101— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Dr. Cesar Albarracin ("Owner") of Lots 4-7, Block 9, Bay View Addition, is requesting the abandoning and vacating of the 1,764 square foot portion of a 15 -foot wide public alley right-of-way, located between Santa Fe Street and Fifth Street, and north of the Morgan Avenue public street right-of- way. The said portion of public right-of-way is being requested for abandonment and vacation to better secure properties from vandalism, robberies, and unauthorized activities on either side of the alley right-of-way. The dedicated public alley right-of-way proposed for abandonment and vacation is located in an "AB" Professional Office District. A public notice of the proposed public alley right-of-way.closure was mailed to all property owners within a 450 -foot distance from the limits of the public right-of-way to be abandoned, as required by the Code of Ordinances, Section 49-12. All public and franchised utilities were contacted and none of the city departments or franchised utility companies had facilities within the public alley. There were no objections regarding the proposed public alley right-of-way abandonment. Staff recommends that the Owner pay the fair market value of $8,560.00 for abandoning and vacating of the 1,764 square foot portion of the 15 -foot wide public alley right-of-way prior to the closure request going to City Council. As a condition of the public alley right-of-way closure, the Owner is required to record all grants of public right of way closures in the real property Map Records of Nueces County, Texas within 180 days of adoption of the ordinance for the closure of this section of public right-of-way. Upon approval by City Council and issuance of the ordinance, all grants of public right of way closures must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to approval of any building permit and construction, a current survey, abstracted for all public rights of way, easements, and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. The Applicant must also comply with all the specified conditions of the ordinance within 180 days of City Council approval. In addition, the Owner will be required to record the replat of the property, including the section of public right-of-way to be closed, within 180 days of the adoption of the ordinance for the closure of this section of public alley right-of-way. The owner has been advised of and concurs with the conditions of the public right-of-way abandonment and vacation. L:\PLN-DIR\special-serv.\willie medina\city council agenda 2011aIiey-clo\Bayview Addition.M2 —102— EXHIBIT A ORDINANCE ABANDONING AND VACATING A 1,764 -SQUARE FOOT PORTION OF A 15 -FOOT WIDE PUBLIC ALLEY RIGHT-OF-WAY, OUT OF LOTS 4-7, BLOCK 9, BAY VIEW ADDITION, SAID PUBLIC RIGHT-OF-WAY BEING LOCATED BETWEEN SANTA FE STREET AND FIFTH STREET AND NORTH OF THE MORGAN STREET PUBLIC STREET RIGHT-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; WHEREAS, Dr. Cesar Albarracin (Owner), is requesting the abandonment and vacation of a 1,764 -square foot portion of a 15 foot wide public alley right-of-way, out of Lots 4-7, Block 9, Bay View Addition, said public right-of-way being located between Santa Fe Street and Fifth Street, and north of the Morgan Street public right-of-way, in order to better secure his properties from vandalism, robbery and unauthorized activity on either side of the current alley right-of-way. The easement to be abandoned and vacated is located in an "AB" Office District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, June 14, 2011, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the 15 foot wide public alley right-of- way, subject to the provisions below. (Exhibit A - Metes and Bounds Description, Exhibit B - Metes and Bounds Location Map, Exhibit C — Site Map) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A 1,764 square foot portion of a 15 foot wide public alley right-of-way, out of Lots 4-7, Block 9, Bay View Addition, said public right-of-way being located between Santa Fe Street and Fifth Street, and north of the Morgan Street public right-of-way, as recorded in Volume A, Pages 24 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above 15 foot wide public alley right- of-way is conditioned upon Owner's compliance with the following: 1) Before going to City Council for approval of the ordinance abandoning and vacating the 1,764 -square foot portion of the 15 foot wide public alley right-of-way, Owner will pay the fair market value of $8,560.00. 2) Within 180 days of approval by City Council and issuance of the ordinance, Owner will be required to replat the portion of public right-of-way being abandoned and vacated, and record at Owner's expense all grants of public right-of-way closures in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to- date survey, abstracted for all public rights-of-way, easements and items of record, H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\20I1 Agenda\6-14.11\Bay View Addition \6-l-11.Ord. Aban & Vacate.DWBFinal.docx —103— must be submitted to the Assistant City Manager of Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form: This 1st day of June, 2011: Cglefl eborah Walther Assistant City Attorney For City Attorney H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2011 Agenda\6-14-11\Bay View Addition\6-1-11.Ord. Aban & Vacate.DWBFinal.docx —104— A 8 A 2 6 la a %men gra Int a %'s 10 PROPOSED ALLEYCLOSURE N14 13 w— v 5 CRAIG ST still Win 11! 22 • 21 1 20 ' 19 ' 18 MORGAN AVE 0 225 `s.'. 11 10 2 O 9 N 2 m 111 20 Witaaa 1111111111111 5 � 6 10 7 4114 111111111111son® 8 WA in 450 Feet BAY VIEW ADDITION LTS 4,5,6&7 BLK 9 Proposed Alley Closure Easement Closure Date:6/14/2011 File: H:MWIIle%Bey View Add Lts 44,6&7 SIk9.mxd Prepared By: SRR City of Corpus Christi Development Services -GIS 10 -105- 12 AGENDA MEMORANDUM June 16,2011 AGENDA ITEM: PUBLIC HEARING — Text Amendments to the Unified Development Code (UDC) (City Council Action Date: June 28, 2011) First Reading Ordinance — Amending the Unified Development Code by replacing tables 1.10.5 and 4.1.1 in their entirety, adding a provision to the definition of a Dwelling, revising the Landmark Commission vote requirement at Subsection 3.16.2.8.1, amending a portion of Table 7.2.2.8. regarding indoor recreation, and amending the Urban Transportation Plan Design Criteria Manual, Appendix to UDC Article 8, by inserting revised Figures 1A and 3 through 13; providing for severance; providing for publication; providing for an effective date and providing for penalties. Planning Commission's and Staff's Recommendation: Approval of the Text Amendments to the Unified Development Code (UDC). REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's and Staff's recommendation. Juan Perales, J ., P.E. Assistant City anager Departments of Engineering and Development Services Email: johnnyp@cctexas.com Phone: 361-826-3828 Attachments: 1. Ordinance HAPLN-DIR\SHARED\UOC\CONSULTANT DOCUMENTS (JOHN BELL)\UDC TEXT AMENDMENT AGENDA MEMO.DOC -109- AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE BY REPLACING TABLES 1.10.5 AND 4.1.1 IN THEIR ENTIRETY, ADDING A PROVISION TO THE DEFINITION OF A DWELLING, REVISING THE LANDMARK COMMISSION VOTE REQUIREMENT AT SUBSECTION 3.16.2.B.1, AMENDING A PORTION OF TABLE 7.2.2.B. REGARDING INDOOR RECREATION, AND AMENDING THE URBAN TRANSPORTATION PLAN DESIGN CRITERIA MANUAL, APPENDIX TO UDC ARTICLE 8, BY INSERTING REVISED FIGURES 1A AND 3 THROUGH 13; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR PENALTIES. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendments to the Corpus Christi, Texas Unified Development Code (the "Unified Development Code"); and WHEREAS, with proper notice to the public, public hearings were held on Wednesday June 22, 2011, during a meeting of the Planning Commission, and on Tuesday, June 28, 2011 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, 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, THAT: SECTION 1. Table 1.10.5, providing existing and new zoning district names, is replaced in its entirety with the following: Table 1.10.5 'S d *PM . 1;! Sv„'a'++.i%5EYt *w^ il'If: p)+§t'e� s ry,� *'- .ea, Residential Districts FR Farm -Rural FR Farm Rural RE Residential Estate RE Residential Estate RA One -Family Dwelling RS -15 Single -Family 15 R -1A One -Family Dwelling RS -10 Single -Family 10 R-1 B One -Family Dwelling RS -6 Single -Family 6 R -1C One -Family Dwelling RS -4.5 Single -Family 4.5 R-TH Townhouse Dwelling RS-TH Townhouse R-2 Multiple Dwelling RS -TF Two -Family H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\UDC Project\Text Amendments \6-22-I IUDC Text Amendments.DWBFinal.docx —1 1 0— ting 1'9 DistrigtNlamar sx<{ ; n A-1 Apartment House lesZoniri RM-1 District Na °t " r Multifamily 1 A-1A Apartment House RM-2 Multifamily 2 A-2 Apartment House RM-3 Multifamily 3 AT Apartment Tourist RM-AT Multifamily AT T-1B Manufactured Home Park T-1C Manufactured Home Sub- division RMH Manufactured Home a}R.�..t i� ;i °1:-1 LK 5 Y�l�� AB Professional • ON Office B-1 Neighborhood Business CN-1 Neighborhood Commercial B-1A Neighborhood: Neighborhood Commercial B-2 Bayfront Business CR-1 Resort Commercial B-2A. •.. mmercial BD us Christi Beach Design CR-3 Resort Commercial B-3 Business & General Business CG-1 General Commercial B-4 Business & General Business CG-2 General Commercial B-5 Primary Business CI Intensive Commercial B-6Primary . :D D. wntown Commercial 1-1 . Business 1-2 Light Industrial IL Light Industrial 1-3 Heavy Industrial IH Heavy Industrial T-1A � '� F'wp 1� . ...'\ � ''`h Fti kt.e "-�R''. "$iA +`C"o-{Y �M f t' ca PUD-1 and PUD-2, Planned Unit Development -PUD Planned Unit Dev. Overlay HC, HC-I, HC-II, HC-III, HC-IV, HC-F, HC-A Historic Overlay -H Historic Overlay SP Special Permit -SP Special Permit -10 Island Overlay -10 Island Overlay -CH Cottage Housing -CH Cottage Housing SECTION 2. The definition of dwelling at Section 1.11.3 is revised to read as follows: "1.11.3 Defined Terms *: "Dwelling: A building designed or used for residential occupancy, including a single- family detached house, zero lot line house, traditional house, semi -attached house, manufactured home, two-family house, townhouse and apartment. Overnight accommodations as described in Subsection 5.1.4 shall not be considered dwelling units. Single-family residential dwelling units shall only have one meter per utility; an additional meter shall be allowed only for agricultural/irrigation uses." H:\LEG-DIR\Shared\LEGAL•DEV.SVCS\UDC Project\Text Amendments \6.22-I IUDC Text Amendments.DWBFinal.docx Page 2 —111— SECTION 3. Subsection 3.16.2.8.1, providing for Landmark Commission final action in the review process regarding the certificate of appropriateness for demolition, is revised to read as follows: "B. Landmark Commission Final Action 1. Following notice in accordance with Subsection 3.1.7, the Landmark Commission shall hold a public hearing and approve, approve with conditions, or deny the certificate of appropriateness for demolition. Any action taken by the Landmark Commission to demolish, change the exterior of or remove property on the preservation plan shall require a favorable vote of at least three fourths a majority of the Landmark Commission members." SECTION 4. Table 4.1.1, entitled Zoning Districts, is replaced in its entirety with the following: Table 4.1 1 Zoning Districts Base Zoning Districts Residential Districts FR Farm -Rural RE Residential Estate RS -15 Single -Family 15 RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS-TH Townhouse RS -TF Two -Family RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 RM -AT Multifamily AT RM -H Manufactured Home I�st lir if'Silet; � � • CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial (Limited) ON Office CR -1 Resort Commercial (Bayfront) CR -2 Resort Commercial (Barrier Island) CR -3 Resort Commercial (Corpus Christi Beach) CG -1 General Commercial Existing Designation FR RE RA R -1A R- R -1 C -R -1C R-TH R-2 A -I A -1A A-2 AT TI -B and Tl -C B-1 B -1A AB 8-2 B -2A BD B-3 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\UDC Project\Text Amendments \6-22-11UDC Text Amendments.DWBFinal.docx —112— Page 3 (Limited) CG -2 General Commercial 0 Intensive Commercial CBD Downtown Commercial BP Business Park IL Light Industrial IH Heavy Industrial RV Recreational Vehicle Park Special Districts -PUD Planned Unit Dev. Overlay -H Historic Overlay -SP Special Permit -10 Island Overlay -CH Cottage Housing B-4 8-5 8-6 1-1 1-2 1-3 T -1A PUD -1 and PUD -2 HC, HC -1, HC -11, HC -1I1, HC -IV, HC -F, and HC -A -SP -10 -CH SECTION 5. Table 7.2.2.B, entitled Parking Ratios, is amended by dividing into two sections the portion of the Table which provides for indoor recreation, as follows: Indoor Recreation [5.1.4.B] Bowling alley 5.6 per lane All other uses 1 per l00 SF SECTION 6. The Urban Transportation Plan Design Criteria Manual which is an Appendix to Article 8, is amended by replacing the figures listed below with the attached figures of the same name found at Exhibit A of this ordinance. FIGURE 1A: LOCAL STREET SECTIONS FIGURE 3: C-1 RESIDENTIAL COLLECTOR FIGURE 4: C-2 SECONDARY COLLECTOR FIGURE 5: C -3A PRIMARY COLLECTOR FIGURE 6: C -3B PRIMARY COLLECTOR FIGURE 7: P-1 PARKWAY FIGURE 8: A-1 MINOR ARTERIAL FIGURE 9: A-2 SECONDARY ARTERIAL FIGURE 10: A-3 PRIMARY ARTERIAL FIGURE 11: RA -1 RURAL ARTERIAL FIGURE 12: RA -2 SECONDARY RURAL ARTERIAL FIGURE 13: RA -3 PRIMARY RURAL ARTERIAL SECTION 7. The Unified Development Code text, approved and to be effective July 1, 2011, remains as previously approved, except as changed by this ordinance. H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\UDC Project\Text Amendments \6.22-11 UDC Text Amendments.DWEFinal.doex Page 4 —113— SECTION 8. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 9. Publication of this ordinance 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, Texas. After said publication this ordinance shall be in full force and effect. SECTION 10. Upon said ordinance becoming effective, a violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the Unified Development Code. Signatures at next page. H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\UDC Project Text Amendments\6-22-1IUDC Text Amendments.DWBFinal.docx —114— Page 5 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal The foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form: This 23rd day of June, 2011: eborah Walther Bro Assistant City Attorn For City Attorney H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\UDC Project\Text Amendments\6-22-1 IUDC Text Amendments.DWEFinal.docx Page 6 —115— Article 8: Subdivision Design and Improvements FIGURE 1A : LOCAL STREET SECTIONS FIGURE : TYPICAL LOCAL STREET 2% SLOPE VARIES BACK TO BACK 1.5" HMAC 2% MIN. 2% MIN. 2% SLOPE \iNiim•iiiiiiiiiiiiider AI .0" iii/iiiiiiiiiiii ii 8' LIME TREATED SUDGRADE 6" FLEXIBLE BASE 00' R1G10 OF WAY 1 +' s• �• emc TD supe e' 4' I- `1 1 Y C.1 ( a CL r1 & ci TWO 1 I WAY T m I 1/, - - - 7 RMHT OF WAY LINE I f I= 1 .r 3 I I s 4.. 7' N. 6' 14' 1 14• STORM savai SANITARY UNDER PAVEMENT L -1A TWO WAY Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Page 470 —1 1 6- Article 8: Subdivision Design and Improvements FIGURE 3: C-1 RESIDENTIAL COLLECTOR 60' RA.%. 10' 10' Nat TO BACK \ . `�%3 irr..ri ufi rrv� vrrr rv;rii»z. rrriii� >ri rrrrr in. �nrir ii�inrririif>i..iro rr�r �� &' LIME TREATED SUBCACE Functional Designation: Right -of -Way: Street Width: Desirable ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Widening: Horizontal Curve Radius: Water/Sanitary Sewer d' MIME 815E Urban Transportation Plan C-1 60 -feet 40 foot back -of -curb to back -of -curb 500 to 3,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. 25 mph, 30 mph Less than 1 -mile Yes - Widening at collector or arterial intersections may be required as needed. Minimum 300 foot centerline radius for normal crown. To be located between back of curb and right-of-way line Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Pal l /9 r Article 8: Subdivision Design and Improvements FIGURE 4: C-2 SECONDARY COLLECTOR 6:1' B.O.W. 12' 41' BALK 10 DICK tr s' 1C SIDEWALK u SLOPE V Mat 2%IN. i't: %1+r!i Article 8: Subdivision Design and Improvements FIGURE 5: C -3A PRIMARY COLLECTOR 5' 50' BACK0 BACK 123' 113' 13.5' SLOPE b l�%///O/ii////////i//////i//oio/////iii//////////iii u IN. 2' MAC 2% IAIN. Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Length: On -Street Parking: Widening: Horizontal Curve Radius: Residential Driveway: Utility Easements: Bikeway: Water/Sanitary Sewer 12' LSE 11E0E0 SOBC'-' I0' FLEXIBLE BIKE SIDEWALK SLOPE Urban Transportation Plan C -3A Minimum 74 feet, alternative 82 feet* 50 feet back -of -curb to back -of -curb 2,500 to 14,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. 2 to 4 miles Parking restricted at all times Widening at collector and arterial intersections to provide separate right turn lanes and mid -block widening for deceleration lanes as necessary. Minimum 600 foot centerline radius with normal crown Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards. Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan. To be located between back of curb and right-of-way line * Note: 82 -foot right of way may provide for two 4 foot paved bicycle lanes (5.5 ft to face of curb). Corpus Christi Urban Transportation Desjgn Criteria Manual February 23, 2011 Pain Article 8: Subdivision Design and Improvements FIGURE 6: C -3B PRIMARY COLLECTOR* 90' u' IV WY 5411 14 5' 8' 25' 12' 50515101 n sort 7x 17.44E MEWED 5U%.0€ Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Widening: Horizontal Curve Radius: Residential Driveway: Utility Easements: Bikeway: Water/Sanitary Sewer • SWFCTIi1 175' If ROME 515E Urban Transportation Plan C -3B Minimum 87 feet, alternative 95 feet** 58 feet back -of -curb to back -of -curb 2,500 to 14,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. 30 mph, 35 mph, 40 mph 2 to 4 miles Parking restricted at all times Widening at collector and arterial intersections to provide separate right turn lanes and mid -block widening for deceleration lanes as necessary. Minimum 600 foot centerline radius with normal crown Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan. To be located between back of curb and right-of-way line * Note: If section is mandated by the City, the City is responsible for median maintenance. **Note: 95 -foot right of way may provide for two 4 foot paved bicycle lanes (5.5 ft to face of curb). Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Pailfj92 Article 8: Subdivision Design and Improvements FIGURE 7: P-1 PARKWAY w u' 40' 81tx 26' r r 510EOM 11' 211 NP II' 4 S 2114. 9' DAM was r MN. HHE & &NE AWL osss I' MN. LOPE ./`)\`!/O%/i//�OOLgvivoa/o�ivUc4o�g7aiiii�iii/iioq%/Oopia�i� 10' ZINE MEAD SOME Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: Sidewalk: On -Street Parking: Widening: Horizontal Curve Radius: Residential Driveway: Utility Easements: r FOSE 855E Urban Transportation Plan P-1 80 feet 40 feet back -of -curb to back -of -curb 500 to 3,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. 35 MPH (restricted to 30 MPH or less) 1 - 10 miles On house side: 5 -ft width, separated from street curb with 4 —to 8 foot grass strip; on natural view side: minimum 8 -ft meandering hike -and -bike trail with minimum 5 -foot separation from street curb Yes* Widening at arterial streets to provide separate right turn and left turn lanes Minimum 600 foot centerline radius with normal crown Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards Water/Sanitary Sewer To be located between back of curb and right-of-way line * Note: In certain circumstances, the City may elect to prohibit curbside parking along the natural view side of the street to allow for a dedicated and marked on -street bicycle lane on each side of the street. On the residential side of the street a dedicated bicycle lane would be provided between the parking lane and travel lane. Provision of bicycle lanes would be designated on the Master Bicycle Plan as an official bicycle route. Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Paae24B3 Article 8: Subdivision Design and Improvements 15.5 FIGURE 8: A-1 MINOR ARTERIAL 64' / / 4 Lanes with Continuous Left Turn Lane / i 5' 7 5' / 13.5' 11.5' cL I 14' 11.5' / j 13.5' 5' 5' /\ / 1' // 7 7 95' R.O.W / / /(/ 1' / Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Urban Transportation Plan A-1 95 feet 64 feet back -of -curb to back -of -curb to provide four lanes plus a continuous center turn lane 10,000 - 24,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. 35 - 45 mph Less than 5 miles Parking restricted at all times Widening: Widening at collector or higher street type intersections for single or double right and left turn lanes, and mid -block deceleration lanes as necessary. Horizontal Curve Radius: Minimum 750 foot centerline radius with normal crown Residential Driveway: Prohibited Utility Easements: Bikeway: Water/Sanitary Sewer May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards. Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan. Bikeways shall meet AASHTO standards. To be located between back of curb and right-of-way line Corpus Christi Urban Transportation Design Criteria Manual February 23,q 2011 Pa,n r4 Article 8: Subdivision Design and Improvements 15 FIGURE 9: A-2 SECONDARY ARTERIAL 70' 15 7, 1' 7 9' 13.5' 13.5' Mecian 4 16' 13.5' 13.5' 9' 100' R.O.W 1' Functional Designation: Urban Transportation Plan A2 Right -of -Way: 100 feet Street Width: 70 feet back -of -curb to back -of -curb with median* Typical ADT Range: 16,000 - 26,500 vehicles per day Paving Section: Design based on site specific Geotechnical Testing and Engineering analysis. Design Speed: 35 - 45 mph Length: Less than 5 miles On -Street Parking: Parking restricted at all times Widening: Widening at collector or higher street type intersections for single or double right and left turn lanes, and mid -block deceleration lanes as necessary. Horizontal Curve Radius: Minimum 900 foot centerline radius with normal crown Residential Driveway: Prohibited Utility Easements: Bikeway: May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards. Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan. Bikeways shall meet AASHTO standards. Water/Sanitary Sewer To be located between back of curb and right-of-way line `Mid -block median openings shall be provided with left tum channelization at intersecting streets having C1 functional classification and above and at non -Intersection median openings at minimum 1,000 -ft spacing. If section is mandated by Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Article 8: Subdivision Design and Improvements the City, the City is responsible for median maintenance. FIGURE 10: A-3 PRIMARY ARTERIAL 17.5 95' 7.5 Median 16' 130' R.O.W 14' 12' 13.5' 5' 5' Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Intersection Widening: Horizontal Curve Radius: Utility Placement: Residential Driveway: Utility Easements: Bikeway: Water/Sanitary Sewer Urban Transportation Plan A3 130 feet 95 feet back -of -curb to back -of -curb with median* 25,000 - 36,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. 45 - 55 mph 5 miles or greater Parking restricted at all times Widening at collector or higher street type intersections for single or double right and left turn lanes, and mid -block deceleration lanes as necessary. Minimum 900 foot centerline radius with normal crown Behind back of curb only. Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards. Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan. Bikeways shall meet AASHTO standards. To be located between back of curb and right-of-way line *Mid -block median openings shall be provided with left turn channelization at intersecting streets having C1 functional classification and above and at non -intersection median openings at minimum 1,000 -ft spacing. If section is mandated by the City, the City is responsible for median maintenance. Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Pafg 4ae Article 8: Subdivision Design and Improvements V -Ditch 28' FIGURE 11: RA -1 RURAL ARTERIAL 10' 12' 44' Thru Lane 12' 10' V -Ditch 28' 2/ Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Widening: snowd.r 100' R.O.W der Horizontal Curve Radius: Residential Driveway: Utility Easements: Bikeway: Water/Sanitary Sewer Urban Transportation Plan RA1 100 -feet 44. feet to provide two lanes with shoulders 10,000 - 15,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. over 50 mph Five miles and greater Parking restricted at all times Widening at collector or higher street type intersections for single or double right and left turn lanes, and mid -block deceleration lanes as necessary. TxDOT Standard Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards. Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan. Bikeways shall meet AASHTO standards. To be located between back of curb and right-of- way line Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Pape24B7 Article 8: Subdivision Design and Improvements FIGURE 12: RA -2 SECONDARY RURAL ARTERIAL V -Ditch 43' 44' 10' 12' 12' Showa, 130' R.O.W f 10' V -Ditch 43' / sho,m,. Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Widening: Horizontal Curve Radius: Residential Driveway: Utility Easements: Water/Sanitary Sewer Bikeway: Urban Transportation Plan RA2 130 feet 44 feet to provide four lanes 20,000 - 30,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. over 50 mph Five miles and greater Parking restricted at all times Widening at collector or higher street type intersections for single or double right and left turn lanes, and mid -block deceleration lanes as necessary. TxDOT Standard Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards. To be located between back of curb and right-of- way line Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan :Bikeways shall meet AASHTO standards. Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 P'f�b8 Article 8: Subdivision Design and Improvements V-Dltch 48' FIGURE 13: RA -3 PRIMARY RURAL ARTERIAL 38' 68' 38' Thru lanes 10 120 12 Ott( Or 12' 34' Grass Median V -Ditch Thru lanes 34' 12' 12' 10' V•Dltch 4 4 120' 240' R.O.W. Functional Designation: Right -of -Way: Street Width: Typical ADT Range: Paving Section: Design Speed: Length: On -Street Parking: Widening: Horizontal Curve Radius: Residential Driveway: Utility Easements: Water/Sanitary Sewer Bikeway: Urban Transportation Plan RA3 240 -feet 76 -feet to provide four lanes, grass median and two shoulders 25,000 - 35,000 vehicles per day Design based on site specific Geotechnical Testing and Engineering analysis. over 50 mph Five miles and greater Parking restricted at all times Widening at collector or higher street type intersections for single or double right and left turn lanes, and mid -block deceleration lanes as necessary. TxDOT Standard Prohibited May be required, if justified by the adopted Master Plan and applicable Engineering Design Standards Located between back of curb and right-of-way line Widening may be required if the street is designated as a bikeway on the City's Bicycle and Pedestrian Plan _Bikeways shall meet AASHTO standards. Corpus Christi Urban Transportation Design Criteria Manual February 23, 2011 Page - 13 AGENDA MEMORANDUM AGENDA ITEM: June 28, 2011 Public Hearing and First Reading of an Ordinance amending the Code of Ordinances Chapter 14, Article II, Division 1, Section 14-223 (A) (1) and adding to Section 14-202 a new definition, all relating to building occupancy; providing for severance; providing for publication; and providing for penalties. ISSUE: The Building Official, in accordance with the authority granted him in Section 14-214, to enforce and interpret the provisions of the Corpus Christi Technical Construction Code, has forwarded to the City Council his report and recommendation that the proposed amendment and addition to the Code of Ordinances related to building occupancy is necessary for the efficient and effective administration of the Corpus Christi Technical Construction Code. This amendment and addition to the ordinance will serve the immediate need of preserving and protecting the use of public property, and that immediate action is necessary for the efficient and effective administration of the City's affairs, thereby best serving the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. RECOMMENDATION: Staff recommends approval of the ordinance as presented. ephen Drape Building Official ATTACHMENTS: Exhibit A Exhibit B Juan Perales Jr., P.E. Assistant City Manager Public Works, Utilities, and Transportation Background Information Proposed Ordinance Amendment —131— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The existing City Code of Ordinances, Chapter 14 language related to the issuance of "Certificates of Occupancy" has been determined to lack sufficient clarity of content to allow for consistent interpretation of the code requirements while accomplishing the intent of the code. Historically, interpretation was not literal, but based on a general agreement between City and industry representatives. However, because of recent turnover in City staff and numbers of contested interpretations, staff had moved toward a literal interpretation of the existing code, including seeking a "third party" interpretation of the code language through the City's Legal Department. The definition of "change in occupancy" under this interpretation included not only change in use, but literally, change in "occupant". This interpretation has been declared by various industry representatives, including the Building Owners and Managers Association (BOMA), as unnecessarily onerous and beyond the intent of the code. In an attempt to work toward resolution of the issue, staff attended a regularly scheduled BOMA meeting earlier this year, and began discussion. In that meeting, a BOMA sub- committee was appointed to work with City staff to develop code amendments necessary to provide clarity and consistency to Certificate of Occupancy requirements and application. Draft code language has been completed and vetted with Development Services and Legal Department staff, as well as BOMA representatives. It is the consensus of the interested parties that the new language meets the intent of the code while providing clarity needed for consistency in its application and administration. In general, the new code language definition of "change of occupancy" is based on a change in use of a building space or property that necessitates the application of a different set of technical building codes. When that type of change occurs, a new Certificate of Occupancy will be required, which will trigger the necessary inspections to ensure compliance with the different technical codes. A change in "occupant" only, as long as there is no change in use classification, will not require a new Certificate of Occupancy. Exhibit A Page 1 of 1 —132— ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 14, ARTICLE II, DIVISION 1, SECTION 14-223 (A) (1) AND ADDING TO SECTION 14-202 A NEW DEFINITION, ALL RELATING TO BUILDING OCCUPANCY; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. WHEREAS, the Building Official, in accordance with the authority granted him in Section 14-214, to enforce and interpret the provisions of the Corpus Christi Technical Construction Code, has forwarded to the City Council his report and recommendation that the amendment and addition to the ordinance is necessary for the efficient and effective administration of the Corpus Christi Technical Construction Code; and WHEREAS, the City Council has determined that this amendment will serve the need of preserving and protecting the use of public property, and that action is necessary for the efficient and effective administration of the city's affairs, thereby best serving the public health, necessity, convenience and 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 THAT: SECTION 1: Section 14-233(a)(1) Code of Ordinances, is revised to read as follows: "Sec. 14-223. Certificates "(a) Certificate of occupancy. "(1) Building occupancy. A new building may not be occupied or a change made in the existing occupancy classification, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy. The certificate of occupancy may not be issued until all required construction and electrical, gas, mechanical, plumbing and fire protection systems have been inspected for compliance with the technical construction codes and other applicable laws and ordinances of the city, and released by the building official." SECTION 2: Section 14-202 Code of Ordinances is amended by adding a new definition, "Change of use/occupancy", to read as follows: "Sec. 14-202. Definitions. "As used in this article and the city technical construction codes: H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2011 Agenda\6-28-11\Text Amend re14-223 & 14-202\6-16.11Ord re 14-223 & 14- 202 text amend.DWB Fina13 - 2read.doex —133— "Certificate of occupancy means a certificate issued by the building official that authorizes occupancy of a building or structure or portions of a building or structure, for its authorized use, or temporary events. "Change of use/occupancy means any change in the use, purpose, or level of activity within any building, or portion thereof, that merits a change in application of the requirements of the present building code. "City means the territory within the corporate limits of the City of Corpus Christi, Texas or the legally constituted governing body of the City of Corpus Christi, its agents, employees, and its officers." SECTION 3. If for any reason any section, subsection, paragraph, subparagraph, subdivision, sentence, clause, or phrase of this ordinance or the technical construction codes is for any reason held to be unconstitutional, the decision shall not affect the validity of the remaining portions of this article or the technical construction codes, for it is the definite intent of this City Council that every section, subsection, paragraph, subparagraph, subdivision, sentence, clause, or phrase hereof be given full force and effect for its purpose. SECTION 4. Publication of this ordinance 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, Texas. SECTION 5. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable as provided in Section 14-227 of the Code of Ordinances of the City of Corpus Christi, Texas. Signatures at next page H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2011 Agenda \6-28-11\Text Amend re14-223 & 14-202\6-16-11Ord re 14-223 & 14- 202 text amend.DWB Final3 - 2read.docx —134— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED/asst to form: Thiso[�C day of June, 2011: /Y`L eborah Walther Br Assistant City Attorney For City Attorney H:U.EG-DIR\Shared \LEGAL-DEV.SVCS\2011 Agenda\6-28-11\Text Amend rel 4-223 & 14-202\6-16-11 Ord re 14-223 & 14- 202 text amend.DWB Final3 - 2read.docx —135— 14 NO ATTACHMENT FOR THIS ITEM -139- 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 6/28/2011 AGENDA ITEM: MOTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CORPUS CHRISTI AND THE DESTINATION BAYFRONT ORGANIZATION RELATED TO IMPLEMENTATION OF THE PROJECT DEFINED BY THE REPORT "PLACEMAKING AT DESTINATION BAYFRONT" ISSUE AND BACKGROUND: The purpose of this Memorandum of Understanding "MOU" is to create the implementation structure that can realize the City of Corpus Christi City Council's direction and vision laid out in their December 2010 Resolution by formalizing a public/private partnership between the City of Corpus Christi and the Destination Bayfront organization. Additionally, this MOU delineates the roles and responsibilities of both parties in implementing the project defined by the report "Placemaking at Destination Bayfront" and in setting the stage for sustaining that project once implemented. The attached MOU is the next step in the process for Destination Bayfront and their work product to move from conceptualization to realization for our community. Roles and responsibilities for both parties are laid out on pages 4 and 5 of the document and review of the MOU is to occur annually as various phases of project implementation are achieved. PREVIOUS COUNCIL ACTION: Council approved a resolution of support endorsing the Destination Bayfront initiative to engage the public in a process to develop a citizen driven master plan for the public space in the area of McCaughan Park to Sherrill Park, including the city -owned adjacent property on June 22, 2010. The results of that process were presented to Council on December 7, 2010. REQUIRED COUNCIL ACTION: Approval of the attached MOU. FUNDING: While this MOU requires that City Staff be identified to participate in the process as necessary (Engineering, Development Services, etc.), there is no direct appropriation of funds required related to this action. CONCLUSION AND RECOMMENDATION: Staff recomm -s approve f the attached MOU. Rudy D. Ga Assistant Cit 'Tanager rudyga@cctexas.com 361-826-3082 Attachment - Memorandum of Understanding between the City of Corpus Christi and Destination Bayfront Organization —143— MEMORANDUM OF UNDERSTANDING (MOU) between The City of Corpus Christi and Destination Bayfront Organization PARTIES. This is an agreement between the municipal government for the City of Corpus Christi and Destination Bayfront Organization, a Texas non-profit 501c(3). CONTACT INFORMATION. Each party will appoint a person to serve as the official contact and coordinate the activities of each organization in carrying out this MOU. The initial appointees of each organization are: For City of Corpus Christi Ron Olson, City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 RonOacctexas.com For Destination Bayfront Organization JJ Hart, organizer 14870 Cobo de Bara Corpus Christi TX 78418 361-446-9811 phart9869@vahoo.com Trey McCampbell, organizer PO Box 6469 Corpus Christi, TX 78466-6469 361-215-2035 treymc@americanbank.com DEFINITIONS • "Site" refers to the approximate 27 acres of bayfront property that runs from McCaughan Park to Coopers Alley, including the site of the former Memorial Coliseum, McCaughan Park, Sherrill Park, site of the old City Hall, McGee Beach and associated public parking areas, and the North bound lanes of Shoreline Boulevard • "Phase 1" refers to the PPS community visioning process that resulted in "Placemaking at Destination Bayfront" • "Phase 2" refers to development of a master implementation and phasing plan • "Phase 3" refers to construction of the site HISTORY OF RELATIONSHIP RECITALS: Whereas, community efforts have been ongoing since the closing of Memorial Coliseum in 2004 to develop a suitable use for the 27 acres of bay front property that runs from McCaughan Park to Coopers Alley, including the site of the former Memorial Coliseum, McCaughan Park, Sherrill Park, site of the old City Hall, McGee Beach and associated public parking areas, and the North bound lanes of Shoreline Boulevard; 11 Page —144— Whereas, the 2008 bond proposal approved by the citizens of Corpus Christi provides for the relocation of the northbound lanes of Shoreline Boulevard, as well as for public amenities and infrastructure, to create a large public space connected to the water, McGee Beach and the Cooper's Alley L -Head as recommended by the City's Bayfront Master Plan, and elements of the City's Comprehensive Plan; Whereas, a grass roots affiliation of citizens known as Destination Bayfront emerged through these discussions focused on developing a process for inclusion of ideas and engagement of the community for the sole purpose of a citizen -driven effort to help move our community forward; Whereas, In June 2010, the City Council of the City of Corpus Christi authorized the Destination Bayfront Organization to conduct public process to engage the citizens of Corpus Christi in developing a vision for the 27 acres of bayfront property as a major destination in Corpus Christi — a gathering place for the people of the City that combines beach, park, cultural and event activities in a unique multi -use, active and inclusive place; Whereas, the Destination Bayfront Organization was assisted by an internationally renowned planning organization known as Project for Public Spaces (PPS) in involving as many stakeholders as possible in developing a concept for the site; Whereas, following the completion of the Destination Bayfront Phase 1 public input process, the City Council of the City of Corpus Christi formally accepted the resulting PPS report called "Placemaking at Destination Bayfront" in December 2010 and endorsed the concepts in the report as the master planning document for the redevelopment of the City's 27 acre bayfront site; Whereas, the City Council requested that the Destination Bayfront Organization work with the City Manager or his designee to implement the concepts in PPS's report, and to develop a master implementation plan and schedule (known as "Phase 2") that sets a financially achievable path to turn the Destination Bayfront concepts into a reality; Whereas, the City Council directed the City Manager or his designee to take any actions necessary to assist the Destination Bayfront Organization in implementing the report "Placemaking at Destination Bayfront", and initiate the processes required to include the recommendations of the report as an element of the City's Comprehensive Plan and Master Park Plan; and Whereas, a review of best practices for creating and operating public spaces of the size and scope of the anticipated destination bayfront park in Corpus Christi points to the need for a focused management entity, most successfully structured as a private/public partnership, that maintains public accountability while leveraging the private resources, entrepreneurial spirit, agility and flexibility of a non-profit entity. 21Page —145— PURPOSE. The purpose of this MOU is to create the master implementation structure that can realize the City Council's direction and vision laid out in their December 2010 Resolution by formalizing a private/public partnership between the City of Corpus Christi and the Destination Bayfront Organization. Additionally this MOU will delineate the roles and responsibilities of both parties in implementing the project defined by the report "Placemaking at Destination Bayfront" and in setting the stage for sustaining that project once implemented. ROLES AND RESPONSIBILITIES OF THE DESTINATION BAYFRONT ORGANIZATION UNDER THIS MOU The Destination Bayfront Organization shall undertake the following roles and responsibilities for designing and developing the city -owned 27 acre bayfront site: a) Managing project design and planning, starting with developing and administering a Master Implementation and Phasing Plan RFQ process b) Determining priorities for the site development, including a phasing plan and a programming plan c) Developing costs for key physical areas and programming elements d) Estimating an operating and maintenance budget, with delineated expenses e) Identifying sources of operating revenue f) Create and implement fundraising plan g) Provide initial staffing to support the implementation of the project h) Prior to any allocations of funds, make recommendations to the City Council on the use of 2008 bond funds identified for the provision of park amenities i) Managing marketing and public outreach j) Organizing volunteers k) Coordination with other city initiatives 1) Assist the City's Parks 8s Recreation with interim program scheduling for public areas within the 27 acre bayfront site including helping promote and recommend interim programming activities m) Destination Bayfront Organization will develop a list of roles and responsibilities that they will perform during Phase 3, including but not limited to construction of the site; City Council will be updated on the list of roles and responsibilities before Phase 3 begins and the MOU will be revised appropriately ROLES AND RESPONSIBILITIES OF THE CITY OF CORPUS CHRISTI UNDER THIS MOU The City of Corpus Christi shall undertake the following roles and responsibilities for designing and developing the 27 acre bayfront site: a) Provide an executive level single point of contact from the City for the Destination Bayfront Organization b) Initiating and managing the process for including the Destination Bayfront project in both the City's Comprehensive Plan and Master Park Plan c) Determining final Shoreline road design and costs, with consultation of the Destination Bayfront Organization and in consideration of the PPS "Placemaking at Destination Bayfront" report 31 Page -146- d) Determining how much of the 2008 bond funding is available for park amenities and infrastructure e) Final Council approval for recommended 2008 bond expenditures from that available funding f) Completing all required site assessments, including but not limited to historical, geological, environmental and utility evaluations g) Continued city commitment for current maintenance and operating services to 27 acre bayfront site, including but not limited to park maintenance, permitting of activities, security, utilities, garbage collection and site insurance h) Coordination with Destination Bayfront project activities TERM OF AGREEMENT. This MOU is effective upon the day and date last signed and executed by the duly authorized representatives of the parties to this MOU and shall remain in full force and effect for the completion of Phase 2, the Master Implementation and Phasing Plan, through Phase 3, construction of the project. The MOU should be reviewed annually to ensure that it is fulfilling its purpose and to make any necessary revisions. This agreement will be replaced with a more detailed contractual relationship between the City of Corpus Christi and Destination Bayfront Organization for the ongoing operations, maintenance and commercial tenant management of the project once the initial phase of construction is complete. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: DISPUTE RESOLUTION. Both parties agree to use third party mediation through a mutually agreed upon mediator to try to informally resolve relationship conflicts or areas of disagreement. MODIFICATION. Either party may request changes to this MOU. Any changes, modifications, revisions or amendments to this MOU which are mutually agreed upon by and between the parties to this MOU shall be incorporated by written instrument and effective and signed by all parties to this MOU. SEVERABILITY. Should any portion of this MOU be judicially determined to be illegal or unenforceable, the remainder of the MOU shall continue in full force and effect, and either party may renegotiate the terms affected by the severance. TERMINATION. This MOU may be terminated, with cause, by either party upon failure to remedy any breach of agreement. The process to remedy a breach of agreement begins with a written notice of cause, followed by a 120 day remedy period. If remedy cannot be achieved or a plan to remedy cannot be mutually agreed upon within that time frame, either party can terminate with an additional 30 days written notice. All written notice shall be delivered by hand or by certified mail to the designated contact person(s) listed in this MOU. 4) Page -147- SOVEREIGN IMMUNITY. The City of Corpus Christi does not waive its sovereign immunity by entering into this MOU, and fully retains all immunities and defenses provided by law with respect to any action based on or occurring as a result of this MOU. THIRD PARTY BENEFICIARY RIGHTS. The parties do not intend to create in any other individual or entity the status of a third party beneficiary, and this MOU shall not be construed so as to create such status. The rights, duties and obligations contained in this MOU shall operate only between the parties to this MOU, and shall inure solely to the benefit of the parties to this MOU. The provisions of this MOU are intended only to assist the parties in determining and performing their obligations under this MOU. The parties to this MOU intend and expressly agree that only parties to this MOU shall have any legal or equitable right to seek to enforce this MOU, to seek any remedy arising out of a party's performance or failure to perform any term or condition of this MOU, or to bring an action for the breach of this MOU. SIGNATURES. In witness whereof, the parties to this MOU through their duly authorized representatives have executed this MOU on the day and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this MOU as set forth herein. The effective date of this MOU is the date of the signature last affixed to this page. DESTINATION BAYFRONT ORGANIZATION BY: JJ Hart Trey Mc Cix pbell Organizer Organizer THE CITY OF CORPUS CHRISTI ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: Joe Adame Mayor 12- r day of June, 2011 R. J. ' ei}fing / First Assistant City Attorney for City Attorney Wage -148- 1 i Purpose of Presentation On December 14th, 2010 we presented to you the results of our community input process & laid out the next steps we planned to take On June 28th, 2011 we will: — provide background of the project — update you on the research we've done - discuss plans for moving forward including organizational structure & development of a master implementation & phasing plan — seek approval on recommendations for moving forward Page 2 destinationbayfront.org 0 T Background r destinationbayfront.org LCD 7 Timeline of Activities • June 15, 2010 Destination Bayfront presentation to Council seeking approval for Phase 1 community input process using PPS (Project for Public r Spaces); draft resolution presented • June 22, 2010 Council approved resolution supporting Destination Bayfront Page 4 destinationbayfront.org Timeline of Activities • July 28, 2010 Community meeting with 520 people who brainstormed activities for the site • July 29, 2010 Meeting of 56 key stakeholders who brainstormed activities for the site Page 5 destinationbayfront.org M Timeline of Activities • Aug & Sept, 2010 Community meetings & presentations generated additional ideas for the site • Sept 8, 2010 Community input meeting for Mayor's Veterans Ad Hoc Committee Page 6 destinationbayfront.org Timeline of Activities • October 7, 2010 The draft of the site activity plan debuted in a community meeting & feedback gathered (draft included the input from the Mayor's Veterans Ad Hoc Committee) • Oct - early Nov, 2010 Community meetings generated additional feedback Page 7 destinationbayfront.org t0 Timeline of Activities • Nov 76, zo'o Mayor's Veterans Ad Hoc Committee report presented to Council on proposed enhancements to Sherrill Parkcn • Dec 7, 2010 Destination Bayfront report presented to Council for acceptance and endorsement Page 8 destinationbayfront.org Page 9 Vision for Destination Bayfront Developed from Public Process A major destination in Corpus Christi - agathering place for the people of the City that combines beach, park, cultural and event activities in a unique multi -use, active and inclusive place. destinationbayfront.org Top Questions From Public Input Addressed in the report "Placemaking for Destination Bayfront" • Shade • Parking • Restrooms • Public access Page 10 To be addressed in Phase 2 - development of implementation plan • Funding • Timing • Security • Maintenance • Management destinationbayfront.org Tasks to be addressed in Phase 2 • Priorities for the site development, including a phasing plan • Estimated costs for key elements & areas • Operating revenues sources & estimated expenses • Recommend organizational structure for operation of the site, which may include operation by the City or private non-profit entity • Fundraising plan ' • Initial staffing to support implementation of the project • Process for including the Destination Bayfront Project in the City's Comprehensive Plan • Final road design & costs • Determine available bond funding for improvement to the park infrastructure Page 11 destinationbayfront.org 1 Research 0 co destinationbayfront.org Research Completed • Researched other destination parks around the country for best practices, organizational structure, how they started, thoughts on proceeding, etc. • Met with park designers & experts for organization ideas & ways to proceed • Hired ETM Associates (Tim Marshall). to consult on organizational structure, operations & maintenance Page 13 f destinationbayfront.org CO ETM Associates • International consulting firm specializing in development of public space designs, public space management, & project management • Founded in 1997 by Tim Marshall who previously was VP & Deputy Administrator of New York's Central Park Conservancy for 14 years • Clients include Discovery Green, Madison Square Park, Vietnam Veteran's Plaza (NYC), Governor's Island, London Olympic Park Page 14 destinationbayfront.org CO Three Primary Categories for the Phase 2 Tasks • Organizational Structure (Destination Bayfront) Create structure that will plan, operate & oversee the park • Master Implementation & Phasing Plan (Destination Bayfront) The process for setting priorities, phases, estimated costs, operating & maintenance (O&M) plan, funding options, etc. • Shoreline Re -alignment (City of CC) Finish design of the road & determine how much of the $13 million bond package is available for park amenities Page 15 destinationbayfront.org 1 M CD Organizational Structure nt CO ri destinationbayfront.org Principles of an Organizational Structure • Proper management of the project is the key to ultimately determine its success • A focused management entity will be needed to lead & coordinate all design efforts & to oversee all ongoing maintenance & operations • The right management structure will enhance accountability Page 17 destinationbayfront.org CO CO 3 Models to choose from O Public Agency/ Authority D Privately Managed OO Public / Private Partnership Page 18 destinationbayfront.org co co Public Agency/ Authority Pros: • Access to public capital funds • Access to public operating funds • Access to public sector resources • Access to experienced entities with knowledgeable staff Cons: • Resource (staff & funding) competition with other parks in the city • Difficulty of long term sustainability • Potential impact of changes in elected boards • Changes in availability of public funding • Cumbersome public sector procedures • Overlaps jurisdictional responsibilities with differing perspectives Page 19 destinationbayfront.org co Private Sector Management Pros: • Flexibility • Committed & focused without needing to share resources with other entities • Capacity to negotiate beneficial relationships • Can leverage public & private funding • Able to take long term view Cons: • No existing infrastructure to support start up • Requires a Targe fund to support the group & project • Private control; diminished public accountability • May have limited access to public agencies/ staff • Subject to changing economic & financial realities • Limited public input Page 20 destinationbayfront.org co co Public/ Private Partnership Pros: • Committed & focused on this project; not competing for resources with other public entities • Can leverage public & private funding • Flexibility & efficiency • Capacity to negotiate beneficial public & private sector relationships • Provides accountability • Streamlines public procedures & enables mgmt to push project forward • Consistent leadership — not subject to election -year cycles Cons: • Start up costs, requires funds to support the group & the project • Long term operating funding is required • Requires private funding base • Requires other sources of revenue Page 21 destinationbayfront.org CO Recommended Structure: Public/Private Partnership • A public/private partnership will be able to maintain the Tong -term vision for Destination Bayfront & build upon momentum to date • Is the best of both structures: - leverages both public & private resources — operates with greater focus, flexibility & efficiency — can advance project more effectively & better maintain it long term Page 22 destinationbayfront.org Examples of Successful Public/Private Partnerships • CENTRAL PARK: NYC Parks & Rec + Central Park Conservancy • HIGH LINE: NYC Parks & Rec + Friends of the High Line • MADISON SQUARE PARK: NYC Parks & Rec + Madison Square Park • PROSPECT PARK: NYC Parks & Rec + Prospect Park Alliance • DISCOVERY GREEN: Houston Downtown Corporation + Discovery Green Conservancy • BUFFALO BAYOU: City of Houston + Buffalo Bayou Foundation • WOODALL RODGERS PARK: Dallas Parks & Rec + Woodall Rodgers Park Foundation • PACK SQUARE PARK: Asheville Parks, Rec & Cultural Affairs + Pack Square Conservancy • SCHENLEY+RIVERVIEW+HIGHLAND+FRICK: City of Pittsburgh + Pittsburgh Parks Conservancy Page 23 destinationbayfront.org How to Move Forward on Organizational Structure • Create a written agreement beginning with a Memorandum of Understanding ("MOU") between both parties based upon a private/public organizational structure • An MOU would define: — City's roles & responsibilities — DB's roles & responsibilities — Terms of the agreement • A final detailed contract developed later in process Page 24 destinationbayfront.org N r - 7 I Master Implementation & Phasing Plan destinationbayfront.org Master Implementation & Phasing Plan Deliverables • Phasing plan based upon priorities • Funding plan • Final site development plan, sketches & illustrations • Construction cost estimates ' • Operations & maintenance budget • Programming & revenues plan • Timeline • Staffing plan Page 26 destinationbayfront.org RFQ Process • First step is a Request For Qualifications to provide services to develop a master implementation & phasing plan • Destination Bayfront will work with City staff on the RFQ development & process • RFQ process estimated to take 3-4 months • City Council will have final approval of the recommended firm Page 27 destinationbayfront.org LC) r - 7 I RFQ Goals • Structure RFQ to ensure that experienced, world-class design firms apply: — with the vision to maximize our unique site — with the skills & experience of working in windy, salty climates Page 28 destinationbayfront.org CO I RFQ Qualifications • Experience in developing world class destination park that is a unique fit for Corpus Christi • Bring a unique long term design vision for Corpus Christi, not just a snap shot of the latest & greatest; become iconic to Corpus Christi • Knowledge of working on salt -waterfront with high winds & blowing sand • Sensitive to the ongoing operations & maintenance of the site • Experience in financially sustainable design Page 29 destinationbayfront.org Master Implementation & Phasing Plan • Destination Bayfront, with City Staff assistance, would manage the chosen firm in driving the master implementation & phasing process • Once a firm is selected, the masterco implementation & phasing plan process would take at least 5 to 6 months • Master implementation & phasing plan phase is estimated to cost $35o thousand (2008 bonds can cover design services, similar to the North splash park) Page 30 destinationbayfront.org Staff Liaison cn destinationbayfront.org Request for City Staff Liaison Per the December 2010 Council resolution (below), Destination Bayfront requests a designated staff person as liaison, preferably one of the Assistant City Managers: • Section 2. The City Council requests that Destination Bayfront organizers work with the City Manager or his 03 designee to implement the concepts in PPS' report, & to develop an implementation plan ... • Section 3. The City Council directs the City Manager or his designee to take any actions necessary to assist the Destination Bayfront organizers in implementing the report "Placemaking at Destination Bayfront" ... Page 32 destinationbayfront.org Summary of Requests ,— co co 7 destinationbayfront.org Destination Bayfront Requests • Approval of the MOU for a public/private organizational structure that is included in your packet • Authorization for Destination Bayfront to manage a RFQ process for master implementation & phasing plan • Designate a city staff person as liaison, preferably an Assistant City Manager • City staff to begin site evaluation process running concurrently with master implementation & phasing plan process Page 34 destinationbayfront.org f M CO 16 AGENDA MEMORANDUM City Council Action Date: June 28, 2011 SUBJECT: County Road 52 from County Road 69 to US 77 (Project No. 6471/CIP No. ST 22) BOND ISSUE 2008 County Road 69 from County Road 52 to FM 624 (Project No. 6507/CIP No. ST 41) BOND ISSUE 2008 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Nueces County Water Control & Improvement District No. 3 to provide for the appropriate easements along County Road 52 and for the City to provide, if necessary, pump(s) and piping at the intersection of County Road 52 and County Road 69 to allow the District to provide irrigation water to certain land owners along County Road 52. B. Motion authorizing the City Manager, or designee, to execute a construction contract with Bay Ltd. of Corpus Christi, Texas for street improvements along County Road 52 from County Road 69 to US 77 in the amount of $1,877,219.75 and County Road 69 from County Road 52 to FM 624 in the amount of $677,006.50, for the Base Bid for the total contract amount of $2,554,226.25 (BOND ISSUE 2008). ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. It provides for the reconstruction and widening of the existing two lane County Road 52 roadway to a rural road section with two through lanes, a continuous left turn lane, driveways, storm water improvements including on-site and off-site drainage ditches, and replacement of the culvert crossing for the irrigation canal at the intersection of County 69 and 52. It also provides for the reconstruction and widening of the existing two lane County Road 69 roadway to a rural road section with two through lanes, and 5 foot wide paved shoulders. This project will accommodate the heavier traffic which has resulted from development in this area. FUNDING: Funding for County Road 69 is available from the Streets Capital Improvement Budget Bond Issue 2008. County Road 52 is a shared cost between the City (50%) and Nueces County (50%) per the Interlocal Cooperation Agreement (contingent upon the approval from Nueces County). Funding for the City's portion of the shared cost of County Road 52 is available from the Streets Capital Improvement Budget Bond Issue 2008. RECOMMENDATION: Staff recommends approval of the Motion as presented. Pete Anaya, P.E. Director of Engineering Services (361) 826-3781 petean@cctexas.com —187— H:\HOME VeimaP\GEN\STREET6471 COUNTY ROAD 521CONSTRUCTIOM2 AGENDA MEMD.Coc Page 1 of 2 Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "G" Exhibit "H" Support Material: Background Information Prior Project Actions Bid Tabulation Project Budget Letter of Recommendation Location Map Interlocal Agreement — Nueces County Water Control & Improvement District No. 3 Interlocal Agreement — Nueces County (December 15, 2009, M2009-349) —1 H:IHOME1VeimaP1GENISTREET18471 COUNTY ROAD 521CONSTRUCTION@ AGENDA MEMO.doc88— Page 2 of 2 AGENDA BACKGROUND INFORMATION SUBJECT: County Road 52 from County Road 69 to US 77 (Project No. 6471/CIP No. ST 22) BOND ISSUE 2008 County Road 69 from County Road 52 to FM 624 (Project No. 6507/CIP No. ST 41) BOND ISSUE 2008 PROJECT DESCRIPTIONS: County Road 52 from County Road 69 to US 77 - The section of County Road 52 between US 77 and County Road 69 is currently a two lane rural roadway section. County Road 52 improvements will consist of the reconstruction and widening of the existing two lane roadway to a rural road section with two through lanes, a continuous left turn lane, driveways, storm water improvements including drainage ditches, and replacement of the culvert crossing for the irrigation canal at the intersection of County Road 69 and 52. County Road 69 from County Road 52 to FM 624 - The section of County Road 69 bound between Farm to Market 624 and County Road 52 is currently a two lane rural roadway section without drainage ditches. County Road 69 improvements will consist of the reconstruction and widening of the existing two-lane roadway to a two lane rural road section with a 5 foot wide paved shoulder on each side. The improved road section will carry heavier traffic. BID INFORMATION: On May 25, 2011, the City received proposals from three bidders (see Exhibit "C" Bid Tabulation). The base bids range from $2,554,226.25 to $2,978,220.01 and Additive Alternate No. 1 range from $2,613,727.75 to $3,015,417.66. The estimated cost of construction is $2,383,023.30. The low bidder is Bay Ltd., in the Base Bid amount of $2,554,226.25. The City's consultant, Maverick Engineering, Inc., has reviewed Bay Ltd.'s required bid information and checked their references, which are favorable. In addition, Bay Ltd. has successfully completed other city jobs in the past. Therefore, City staff and Maverick Engineering, Inc. are recommending that the contract be awarded to Bay Ltd. in the base bid amount of $2,554,226.25. CONTRACT TERMS: The project is estimated to require 300 calendar days, with completion anticipated in June 2012. INTERLOCAL AGREEMENT (Nueces County Water Control & Improvement District No. 3): The Interlocal Agreement is between the City of Corpus Christi, Texas and the Nueces County Water Control & Improvement District No. 3, Texas. The Agreement is attached herein as Exhibit "G". The purpose for participation will be for the mutual benefit of the parties and residents of Corpus Christi. City and Nueces County Water Control & Improvement District No. 3 desire to provide for the appropriate easements allowing mutual access along County —189— H:IHOME1VeImaP1GENISTREET\6471 COUNTY ROAD 59CONSTRUCTIONI3 AGENDA BACKGROUND.tloc EXHIBIT "A" Page 1 of 2 Road 52 and for the City to provide, if necessary, pump(s) and piping at the intersection of County Road 52 and County Road 69 to allow the District to provide irrigation water to certain land owners along County Road 52. The obligations of the City and Nueces County Water Control & Improvement District No. 3 include agreement to allow City to backfill and cover an existing irrigation ditch owned and maintained by Nueces County Water Control & Improvement District No. 3. Nueces County Water Control & Improvement District No. 3 shall provide to the City an easement along, over and across the irrigation canal owned and maintained by Nueces County Water Control & Improvement District No. 3 contiguous to County Road 52 to be utilized by the City to construct, improve and maintain County Road 52. Nueces County Water Control & Improvement District No. 3 reserves an easement along, over and across County Road 52 to be utilized by Nueces County Water Control & Improvement District No. 3 to provide irrigation water to the owners of lands in Nueces County contiguous to County Road 52. The City will provide at the City's sole cost and expense, a pump(s) and pipe to provide irrigation water from Nueces County Water Control & Improvement District No. 3 facilities at the intersection of County Road 52 and County Road 69 to the owner(s) of land requesting irrigation water. In order to meet the obligation that Nueces County Water Control & Improvement District No. 3 has to owner(s) of land to provide irrigation water, the City will provide the pump(s) and pipe necessary to transmit water for irrigation purposes within 48 hours after receipt of notice from Nueces County Water Control & Improvement District No. 3 to the City. The term of this agreement shall be one year and shall automatically renew for additional one year periods for so long as the City shall own and maintain County Road 52. The cost for moving the irrigation canal closer to the south right-of-way line of County Road 52 is estimated to be $322,025 in comparison to renting the pipes and pumps to transport the irrigation water which is a one time cost of $3,500 for flat pipe plus $2,304 per month for suction pipe and pumps. INTERLOCAL AGREEMENT (Nueces County): The Nueces County Interlocal Agreement which was approved by City Council on December 15, 2009, stipulates that the City and the County will participate equally up to $2,400,000 for engineering services to design and prepare construction plans, property and land acquisition, legal expenses, advertising, printing and miscellaneous expenses necessary for the construction of County Road 52 including drainage adjustments or relocations of private utilities or pipelines, storm water improvements, raw water canals, and easement acquisitions. 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. —190— H:\HOME\VermaP\GEMSTREET\$471 COUNTY ROAD 52\CONSTRUCTION\3 AGENDA BACKGROUND.doc EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: County Road 52 from County Road 69 to US 77 (Project No. 6471/CIP No. ST 22) BOND ISSUE 2008 County Road 69 from County Road 52 to FM 624 (Project No. 6507/CIP No. ST 41) BOND ISSUE 2008 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 - Motion authorizing the City Manager, or his designee, to execute the Interlocal Cooperation Agreement between the City of Corpus Christi and Nueces County for an amount up to $1,200,000 to be paid by Nueces County and $1,200,000 to be paid by the City for the shared total project cost of widening and improving County Road 52 from County Road 69 to US 77, subject to the approval of Nueces County. BOND 2008. (Motion No. M2009-349) 4. December 15. 2009 - Ordinance appropriating an amount of $1,200,000 in anticipated revenues from Nueces County in the No. 3530 Street CIP Fund for the joint project between the City and Nueces County to widen and make certain improvements to County Road 52 known as the County Road 52 (from County Road 69 to US 77) Project; changing the FY 2008-2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by up to $1,200,000; and declaring an emergency. BOND 2008. (Ordinance No. 028443) 5. December 15, 2009 - Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering Inc. of Corpus Christi, Texas, in the amount of $254,477 for preliminary design, design, bid and construction phase services, and additional services for County Road 52 from County Road 69 to US 77. (BOND ISSUE 2008) (subject to the approval of the Inter -local agreement with Nueces County for the shared funding of County Road 52). (Motion No. M2009-350) 6. December 15, 2009 - Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering Inc. of Corpus Christi, Texas, in the amount of $132,040 for preliminary design, design, bid and construction phase services, and additional services for County Road 69 from County Road 52 to FM 624. (BOND ISSUE 2008) (Motion No. 2009-351) —191— H:\HOMEWelmaP\GEMSTREET6471 COUNTY ROAD 521CONSTRUCTIOM4 PRIOR PROJECT ACTIONS.doe EXHIBIT "B" Page 1 of 2 7. April 13, 2010 — Resolution determining a public necessity to acquire fee simple title (to the surface estate only) to two tracts of land known as Parcels 10 and 11 [(1) Parcel 10 being a 0.239 -acre (10,410.8 SF) tract of vacant land out of Lot 10, Block 1, of the Nueces River Irrigation Park, as shown on plat recorded in Vol. A, p. 54, map records of Nueces County, TX — Steven R. Hook (Owner); and (2) Parcel 11 being a 0.812 -acre (35,369.8 SF) tract of vacant land out of Lot 9, Block 1, of the Nueces River Irrigation Park, as shown on plat recorded in Vol. A, P. 54, map records of Nueces County, TX — the Estate of Albert F. Stuchly, et al (Owner)] for the County Road 52 — US 77 to CR 69 Street Project (#6471) Bond Issue 2008, for the public purpose, use and construction of street improvements, and for other related public, street, and drainage purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or by exercise of the City's power of eminent domain. (Resolution No. 028551) 8. March 8, 2011 — Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100 (Ordinance No. 028995). 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. December 14, 2009 — Administrative approval of an Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas, in the amount of $16,900 for County Road 52 from County Road 69 to US 77 and County Road 69 from County Road 52 to FM 624. (BOND ISSUE 2008) 5. June 8, 2011 - Administrative approval of an Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas, in the amount of $46,173 for County Road 52 from County Road 69 to US 77 and County Road 69 from County Road 52 to FM 624. (BOND ISSUE 2008) H:\HOME\VelmaPIGENISTREET\6471 COUNTY ROAD 52\CONSTRUCTION\4 PRIOR PROJECT9CTIONS.doe EXHIBIT "B" Page 2 of 2 CO CO AsutATED BY: Michell. A. Patton, P.8. .ATE: Thursday, May 24,2011 CONSULTANT: MAVERICK ENGINEERING, INC. CITY OF CORPUS CHRISTI -COUNTY ROADS 52699, PROJECT NO. 6471 & 6507 Say P.O. Boa Corpus China W. eeoe TX 78489 H.B.Ax7692 P.O. Sox Co . us C5xe9. 7892 TX 18467 Garrett BOXIO28bn P.O.P.o. Box Co •. a OvIs6, toga TX 78362 BID ID II NO. NDESCRIPTION OTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID - PART A: STREET IMPROVEMENTS COUNTY ROAD 52 Al Mob67allon complete In place per Lump sun 1 LS 5125,000.0 5125000.00 5258.000.00 5258,000.00 5123,300.00 5123 300.00 A2 Remove Stab. Base & Asphalt Paving (3'-12), complete in place, per Square Yard 10,037 SY 52.40 524,088.80 52.85 520605.45 53.95 539,646.15 A3 Clear Rlghtof -Way complete in place, per Acre 6 AC 57.000.00 540,740.00 52,975.00 $17,314.50 52,357.05 513,718.03 A4 Street Excavaian, complete in place, per Square Yam 20,325 SY 58.00 5162,600.00 54.35 588,413.75 55.40 5109.755.00 A5 12' Compacted Subgrade, complete In place, per Square Yam 20,325 5Y 50.85 517,276.25 $125 525.406.25 51.15 523,373.75 A6 Geogrid, complete In place, 19,392 SY 54.10 579,507.20 54.00 577,568.00 53.95 576,598.40 417 6' Crushed Limestone Flexible Base (Ty A, Gr 1), complete In pace, per Square Yard 19,392 SY 59.50 5184,224.00'. 510.80 5209,433.60 511.05 5214,281.60 AB Prime Coat (0.15 Gal / SY) complete in pace, per Gallon 2,909 GAL 54.90 514,254.10' 55.25 515,272.25 54.85 513,526.85 A9 4' H.M.AC. Pavement (Type D) (Surface Course), complete ki pace, per Square Yam 18,429 5Y 519.00 $350,151.00' 52030 5381,480.30 527.35 5504,033.15 A10 6' Thick Concrete Driveway, complete in place, per Square Fool 6,504 SF 57.00 545,528.00 57.40 548,129.60 55.60 536,422.40 A11 Survey Monument, complete In place. per Eads 2 EA 5300.00 5600.00 51,430.00 52,860.00 5694.30 51,388.60 Al2 Ozone Day 2 DAY $100.011 5200.0 51,790.00 53,580.00 5500.00 51 000.00 A13 Refl. Pavement Marking Type I (W) (41(SLD), complete In pace, per Linear Foot 8,620 LF 50.50 54,310.00 50.55 54,741.00 50.55 54,741.00 A14 Refl. Pavement Marking Type I(W) (81 (SLD), complete in pace, per Linear Foot 282 LF 50.95 5267.90. 51.10 5310.20 51.05 5296.10 015 Refl. Pavement Marking Type l (W) (241 (SLD) (STOP LINE), complete In Pacedrer Linear Foot 26 LF 547.00 51,222.00', 59.55 5248.30 59.55 5248.30 A16 Refl. Pavement Mark) • TO.: I 4' SLD com • late in , lace,.: Linear Foot 7,710 LF 50.48 53700.80 50.55 54240.50 50.55 54,240.50 Mark' T I Y 4' SLD DEL can .late in . ace .er Linear Foot 512 LF 1 $0.95 5466.40', 51.10 4563.20 51.05 5537.60 0117 A18 Refl. Pavement • r - Refl. Pavement Marking Type I (Y) (41(BRK), complete In Pace, Per Linear Foot 2,117 LF 50.50 51,058.50 50.55 51,164.35 50.55 51,164.35 A19 Refl. Pavement Marking Type 1 (W) (ARROW, complete In pace. per Each 4 EA 5300.00 51,200.00 589.00 4356.00 589.35 5357.40 A20 Rell. Pavement Markt • T. 1 ONLY com slate in . ace.: Each 4 EA 5158.00 5632.00 5148.00 4592.00 5148.95 5595.80 A21 245 EA 54.70 51151.50' 54.00 5980.00 54.15 51,016.75 •tlrlc r iM:,,.cul. :n.: e, .,,.IISypWbiFl,p•;[y+;A _".- A22 )/lb.va:+=ki: Type II -C-R Raised Pavement Marker (Reeectorized), complete in pace per Each 16 EA 54.70 575.20', 56.00 , 596.00 55.95 595.20 A23 Street Sign Assembly w/9' Badels) (Gr) & Slop Sign complete in place, per Each 1 EA 5410.00 5410.00 5700.00 '.5700.00 5536.15 5538.15 A24 W1-10 SIGN, complete In place, per Each 1 EA 5705.00 5705.00. 51,110.00 51,110.00 5863.75 5863.75 A25 A26 W1 SIGN, complete in place. per Each 2 EA 5705.00 51.4100' 5620.00 51,240.00 5417.00 5834,00 -4L SPEED ZONE sign, complete in place, per Each 2 EA 5400.00 $800.001 5515.00 51.030.00 5387.20 5774.40 A27 Re -locale US 77 Sign Assembly, complete in place, per Each 1 EA 5235.00 5235.00 5410.00 15410.00 547655 5476.55 A28 Traffic Control, complete In place, per Lump Sum 1 LS 535,000.00 535,000.00''. 526,000.00 526,000.00 515,503.20 515,503.20 Subtotal Part 'A' (Items Al through A28) 51 096 833.65 ' 51 199,845.25 51.189,324.96 BASE BI - PART B: STORM WATER IMPROVEMENTS COUNTY ROAD 52 B1 T• . So5 & Seed • for Erosion com tete in . - :.: S. uare Yam 20 313 SY 51.70 534 532.10 52.90 558,907.70 52.30 $46,719.90 B2 6" Concrete Cub & Gutter complete in pace per linear Foot 55 LF 533.00 51,815.00 524,0 51,320.00 523.55 51,295.25 B3 18' Dia. RCP (Cass 111), complete In pace per Linear Foot 41 LF $82.0 $3,362.0 550.00 52,050.00 $58.85 52,404.65 B4 24' Oa. RCP Claes III corn • ate in . - ce . - Linear Foot 79 LF 5120.00 59,480.00 557.00 54 503.0 547.85 53,780.15 B5 3'8 2' Reinforced Concrete Box, complete In pace, per Linear Foot 105 LF :, 5170.00 517,850.00 5160.00 510,600.00 5129.80 513,629.00 86 6'x 2' Reinforced Concrete Box (Precast), complete In pace, per Linear Fo0t 116 LF 5320.00 537,120.00 5252.00 $29,232.00 522620 526,239.20 B7 10' x 3' Reinforced Concrete Box • : Linear Foot 263 LF 5380.00 5107 540.00 5474.00 5134,142.00 5393.45 5111,346.35 B8 3' x 2' RCB SET (Ty I) (3:1), complete in place, per Each 2 EA 51,980.00 53,960.00 52,640.00 55,280.00 52,606.75 55,213.50 BB 8'x2' RCB SET (Ty I) (3:1), complete in pace, per Each +Lc. 2 EA 53,100.00 56,200.00 54,040.00 $b,080.00 53,221.00 58,442.00 B10 10'x3' RCB SET (Ty I) (3:1), complete In place, per Each 2 EA $5,80.0 511,600.00 57,810.00 515,620.00 56,677.60 513,755.20 B11 8' Headwall, complete in pace, per Each 2 EA $3,10.0 $6,200.0 51,100.00 52,200.00 52,880.50 55,761.0 812 Wkgwa1, complete in pace, per Each 4 EA 53,600.0 514,40.0 53,485.0 513,940.00 51,519.20 58,076.80', B13 Ty H Concrete Grate Inlet, complete le place, per Each 1 EA 53.10.0 $3,10.0 53,635.00 53,835.0 52,927.50 52,927.50 614 R9cic - cam • lea H . -... .. •,care Yam 122 5Y 559.00 57198.0 $35.0 E4 0.00 564.95 $7 923.90', n •• '^T • w^ F.. 4,355 lF 53.00 513.065,0 $3.0 513,05.0 53.85 $16,768.7 816 Biodegradable Erosion Control Logs, 0mplate in pace, per Linear Foot 58 LF '. 511.00 5638.0 57.00 5406,0 511.30 5655.40 H:\HOMEUamIePyiGen1,City ProjectslBond 208\CR 52 and 69\Budge6Bid Tabe\Bid Tab CR52669.xls Printed of &912011 Page 1 of 4 ABU:ATEB 0?: MOWN A. Patton. P.E. •ATE: Thursday, May 28,2011 CONSULTANT: MAVERICK ENGINEERING, INC. CITY OF CORPUS CHRISTI - COUNTY ROADS 52 & 89, PROJECT NO. 6471 & 6507 - Bey x Box 9906 . pus Gdatl, TX 79/69 - - BID 10 NO. DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE - AMOUNT .. UNIT PRICE . AMOUNT 817 Stabilized Construction Entrance, com • lete in • lace •er Sider. Foot 1 150 SF 55.00 55,750.00 53.30 $3 795.00 _ 51.95 $2.242.50 818 Trench Safe for Storm Water Conduits • er Section 022022, com • lete of • lace • er Linear Foot 624 LF 51.50 5936.00 56.00 53,744.00 52.40 51,497.60 819 Traffic Control com •late in •lace, •. Lum• Sum 1 LS 515 000.00 515 000.00 510,500.00 510.500.00 55.642.40 55,642.40 820 Post Inlet, com lete in lace • 53000.00 536,000.00 51,860.00 522,320.00 5903.45 510.841.40 821 Ditch Excavation Haulin,& Dis •asal , com• late in • lace, •er Cubic Yard 8682 CY 56.50 556,433.00 55.00 54S 410.00 $18.10 5157,144.20 Subtotal Part re' (Items 131 through 621) 5392 179.10 5397 19.70 5448 304.65 C1 6" Water Line com • fete In lace, • 013 LF 527.00 527,351.00 537.00 537,481.00 541.70 $42,242.10 C2 6"-45 De!ree Bend, com• late in • lace,• er Each 2 EA 5170.00 5340.00 5535.00 51,070.00 5655.30 51 310.60 C3 $4,600.00 54,600.00 56,020.00 56,020.00 56,016.60 56.016.60 Fire H •rant includl assembl com • fete in •lace, • C4 8'x6"TS&V com•tete In •lace, •er Each 1 EA 52,000.00 52,000.00 53,920.00 53,920.00 $3.923.30 53923.30 05 Connection to Existin•8" Water Line. com plate in 'lace • .r Each 1 EA 53,400.00 $3400.00 53.650.00 53,650.00 53,991.20 53991.20 C6 Trench Safe for Waterlines .er Section 02202, complete in • lace.• er Linear Foot 1013 LF 51.20 51,215.60 51.20 51.215.50 51.20 51 215.60 Subtotal Part 'C' (Items 01 through C6) 538,906.60 553,356.60 558 699.40 D1 Ditch Excavation Hauri • & Dis • osa com date In •lace. •er Cubic Yard 8,040 CY $5.65 545.426.00 55.40 543 416.00 518.35 5147,534.00 D2 To• Soil &Seeding for Erosion, com • Iete in • lace, •:r S•uare Yard 23334 SY 51.00 523,334.00 52.90 56766860 52.30 553,668.20 60' RCP CI Vw/Steel bands Jack and Bore 100 LF '"[ '' _' /...L.... _ ^'. J D3 60" RCP CL III Omen Cut , coin lete In •lace, •er Linear Foot 994 LF 5165.00 5164.010.00 5200.00 5198,800.00 $163.20 5162,220.60 D4 8' x 3' RCB, com • lete in •lace • er Linear Foot 93 LF $330.00 530,690.00 5310.00 128.830.00 5326.85 530,397.05 D5 6' Conc. R' -•-Ra•, complete In dace, •er 5• uare Foot 6 SF 517.00 5102.00 530.00 .5160.00 526.65 5159.90 D6 10' x 8' ROB Tee W/ Manhole, Com • tete in 'lace, • er Each 1 EA 519,000.00 519 000.00 521,000.00 521.000.00 58,548.70 58,548.70 D7 Concrete Collar, com •lete in dace, per Each 1 EA 54,000.00 54 000.00 $893.00 :$893.00 5942.60 5942.60 D8 8' Headwall, com• tete in 'lace, • er Each 1 EA 53.000.00 53,000.00 5493.00 '5493.00 $3,425.35 53,425.35 D9 WI- wall com •late in • lace er Each 2 EA I 53,900.00 57.800.00', 55.430.00 510,860.00 51,578.80 $3,157.60 010 , 6" Ductile Iron Water Line, com • tete In • ace, • er Linear Foot 212 LF 540.00 58,480.00 589.00 518,868.00 589.35 516,942.20 1311 6"- 450:. ree Bend, complete in • lace ,• r Each 2 EA 5176.00 5352.00 5535.00 51070.00 5655.30 51310.60 1312 Connection to Exisln: 6' Water Une, corn •lets M •lace, • er Each 4 EA $820.00 13.280.00': 53,565.00 514,260.00 53,931.65 515,726.60 013 12" Ductile Iron Cash • com lete in •lace, • 5190.00 $3.800.00 560.00 51,200.00 571.50 51.430.00 014 Landlok Erosion Control Mat, com • ete in • Lace, • er Linear Foot 842 SY 516.00 513 472.00 512.00 510,104.00 514.30 512 040.60 015 Biodeemdable Erosion Control Lois, com• lets in . lace •er Unear Foot 100 LF 511.00 51,100.00 57.00 • 5700.00 510.70 51,070.00 D16 Rock Ri'ra• complete in • . ce, •• r S•uare Yard 6 SY 569.00 $414.00 $35.00 :$210.00 $124.70 5748.20 D17 , Sill Fence for Stone Water Pollution Prevention complete in :lace • Unear Foot 4 990 LF 53.80 518,962.00 53.00 574,970.00 53.85 C D18 Trench Safe for Storm Water Conduits •'r Section 022022, com • :te In • lace per Linear Foot 1 299 LF 51.60 52,078.40 $1.20 51 558.80 53.20 54,156.60 Subtotal Part V' (hens D1 through D18) 5349 300.40 5435,081.40 5484.690.70 BASE 131 - PART E: STREET IMPROVEMENTS COUNTY ROAD 69 El Remove Stab. Base& •halt Pawn. 4"-8' co dote • lace, •er5•uare Yard 8040 SY 52.20 517688.00 $2.15 5/286.00 52.75 522,110.00 82 Clear - - for-wa . com • late in •lac e • • Acre 3.81 AC 1 53,600.00 513,716.00 50,350.00 524 193.50 52,700.40 510,288.52 E3 Street Excavation, co kite in. lace . S•uare Yard 12.670 SY 54.00 550.680.00 51.05 513303.50' 55.80 573,486.00 E4 12"Com• acted Sude com• late in: lace,.: S•uare Yard 12,670 SY 50.75 59,502.50 $1.15 514,570.501 51.15 514,570.50 E5 G••: rid ,com •lete In •lace,•: S•uare Yard 11,994 SY 54.00 $47976.00 $4.00 $47,976.001 54.00 547,976.00 E6 8' Crushed Limestone Flexible Base T 1, Gr A , com.ete in ' lace, .er S' care Yard 11,994 SY '. 510.00 5119,940.00 510.90 $130,734,60 i 511.00 5131 934.00'. E7 Prime Coat 0.15 Gal/5 MC30 com •lele in • . :, : Gallon 1799 GAL $4.70 58.455.30 55.35 59,624.65 54.55 $8,185.45. E8 4"H.M.A.C. Pavement ,••D Surface Course coin lete in lace •:r S•uare Yard 11,289 SY $19.30 $217877.70] 521.20 $239326.801 527.20 5307060.80. E9 4" Concrete Sidewalk com • leta in • lace, • er 5 • uare Foot 01 SF - 53.60 5291.60. 522.50 51,822.501 59.70 5785.70 H:\HOMEtJamiePy\Gen\City Projects\Bond 200/MCR 52 and 69\Budget\Bid Tabs\Bid Tab_CR52&69.xls Printed on 6.9/2011 Page 2 of 4 ) J (O 01 ( TABULATED BY: Mlebel4 A. Patton, PP. DATE: Thursday, May 26, 2011 NE CONSULTANT: MAVERICK ENGINEERING, INC. CITY OF CORPUS CHRISTI - COUNTY ROADS 52 & 69, PROJECT NO. 6471 & 6507 Bay LW. P.O. Box ss6e Corpus GOO. TX 78469 Haas -Anderson P.O, Box 7692 Co . us Christi . TX 78167 UNIT PRICE AMOUNT Ganem Caa9,rcuon P.O. ox 1028 .. , CIUBU, TX 78362 --- --------- BID ID NO NO. DESCRIPTION QTY. UN UNIT PRICE AMOUNT UNIT PRICE AMOUNT E70 6" Thk. Concrete Driveway, complete in place, per Square Foot 2,445 SF 58.00 519,560.00 57.40 516,093.00 55.45 513,325.25 El 1 Concrete Curb Ramp, complete in place per Square Foot 82 SF 527.00 52.214.00 522.50 51,845.00 $9.60 5787,20 E12 Adjust Exist. San. Sewer Manhole to Finish Grade, complete In place, per Each 2 EA 51.400.00 52,000.00 51,430.00 52,860.00 5573.30 E1 146.60 E13 6' Wooden fence, complete in place, per Linear foot 215 LF 529.00 56,235.00 524.00 55_060.00 511.90 52,558.50 E14 Survey Monument, complete in place, per Each 1 EA 5300.00 5300.00 51,430.00 51,430.00 5694.30 569430 E15 Ozone Day, complete per Day 2 DAY 5100.00 5200.00 51,790.00 53,580.00 5500.00 51 000.00 E16 Refl. Pavement Marking Type I (W) (4") (SLD), complete fi place, per Linear Foot 6,350 LF 50.40 52,540.00 50.55 53 492.50 50.55 53,492.50 E17 Refl. Pavement Marking Type I (W) (8") (SLD), complete In place,per Linear Foot 192 LF 50.95 5162.40 50.95 5182.40 50.95 5162.40 EIS Refl. Pavement Marking Type 1 (W) (241 (SLD) (STOP LINE), complete in place, per Linear Foot 33 LF 518.00 5594.00 59.50 5313.50 - 59.55 5315.15 E19 Refl. Pavement Marking Type I (Y) (4-) (SLD) (DBL), complete in place, per Linear Foot 314 LF 51.90 5596.60 51.10 $345.40 51.05 5329.70 E20 Refl. Pavement Marking Type I (Y) (4") (BRK), complete in place, per Linear Foot 2,861 LF 50.40 51,144.40 50.55 51,573.55 $0.55 51,573.55 E21 Refl. Pavement Marking Type I (W) (ARROW), complete in place, per Each 4 EA 5150.00 5600.00 589.00 ;5356.00 569.35 5357.40 E22 Refl. Pavement Marking Type I (W) (ONLY), complete In place, per Each 4 EA 5150.00 5600.00 5148.00 5592.00 5148.95 5595.80 E23 Refl. Pavement Marking Type l (W) (CROSSWALK) (10' WID) , complete in place, per Linear Foot 55 LF 554.00 52,970.00 536.00 51,980.00 535.75 51,966.25 E24 Type II -A -A Raised Pavement Marker (Reflectorized), complete in place, per Each 80 EA 523.00 51,840.00 524.00 51.920.00 54.15 5332.00 E25 Type II -C-R Raised Pavement Marker (Reflecloraed), complete In place, per Each 5 EA $23.00 5115.00 524.00 .5120.00 55.95 529.75 E26 Street Sign Assembly w/9" Blade(s) (Gr) & Stop Sign. complete in place, per Each 1 EA 5420.00 5420.00 5700.00 5700.00 5536.15 5536.15 E27 SPEED ZONE Sign, complete In place, per Each 2 EA 5420.00 5840.00 5515.00 51,030.00 5387.20 5774.40 E28 T -Intersection Sign, complete in place, per Each 1 EA 51,000.00 51,000.00 5625.00 :5625.00 $417.00 5417.00 E29 Re -locate (1) Traffic Signal Pole @ FM 6241 CR 69 Inter., complete in place, per Each 1 EA 554,000.00 554,000.00 574.000.00 574,000.00 574,241.50 574,241.50 E30 Traffic Control complete In place, per Lump Sum 1 LS 515 000.00 515,000.00 $10,500.00 510,500.00 $17,092.40 517 092.40 E31 8' Wooden Fence, complete in place, per Linear Foot 217 LF $32.00 56,944.00 530.00 56,510.001 514.30 53,103.10 Subtotal Part E' (Hems El through E31) 5606 822.50 'L 5636,046.40 5741,247.87 BASE BI - PART F: STORM WATER IMPROVEMENTS COUNTY ROAD 69 F1 6" Concrete Curb & Gutter, complete in place, per Linear Foot 50 LF 536.00 51,800.00 524.00 51,200.00 $24.15 51,207.50 F2 8' x 2' RCB, complete in place, per Linear Foot 88 LF I 5390.00 534,320.00 5300.00 526,400.00 5280.95 524,723.60 F3 B' x 2' RCB SET (Ty q (3:1), complete In place, per Each 4EA . 53,500.00 514,000.00 55,100.00 520,400.00 54,128.20 516,512.80 F4 Silt Fence for Storm Water Pollution Prevention. complete In place, per Linear Foot 3,175 LF I 53.00 59,525.00 53.00 59,525.00 53.85 512,223.75 F5 Trench Safety far Storm Water per Section 02202, complete In place, per Linear Foot 88 LF 53.00 5264.00 $6.00 , 5528.00 52.40 5211.20 F6 Biodegradable Erosion Control Logs, complete in place, per Linear Foot 25 LF I 511.00 5275.00 57.00 ' 5175.00 510.70 5267.50 F7 Traffic Control, complete in place, per Lump Sum 1 LS 510 000 00 510,000.00 55,350.00 $5,350.00 5606.05 $806.05 Erosion Control Mats 842 SY , rte. " 563,578.00 555,952.40 Subtotal Part (Items F through F7) 570,184.00 ALTERNATE BID - PART G: RIVERWAY DITCH IMPROVEMENTS COUNTY ROAD 52 G1 DEDUCT Ditch Excavation (Hauling & Disposal). complete in place, per Cubic Yard 644 CY 56.50 -$4,186.00 $4.50 -52,898.0D 518.35 -511,617.40 G2 ADD Top Soil & Seeding for Erosion, complete in place, per Square Yard 733 SY 51.00 5733.00 52.90 52,125.70 52.30 51,685.90 G3 ADD 60" RCP CI ill (OPEN CUT). complete in place, per Linear Foot 154 11 5155.00 $23,870.00 5200.00 530,800.00 5163.20 525,132.80 G4 ADD 5' Concrete Headwall, complete In place. per Each 2 EA 515,600.00 531,200.00 515,500.00 531,000.00 53,400.00 56.800.00 G5 ADD Concrete Manhole. complete M place. per Each 2 EA $4,000.00 $8,000.00 53,445.00 $6,890.00 57,600.00 515,200.00 G6 DEDUCT SR Fence for Storm Water Pollution Prevention, complete In place, per Linear Fool 77 LF 54.30 -5331.10 $2.50 -5192.50 53.85 -5296.45 G7 ADD Trench Safety for Storm Wale r Conduits per Section 022022, complete in place, per Linear Foot 154 LF 51.40 5215.60 $8.00 51,232.00 $3.20 5492.60 Subtotal Part 'G' (Hems G1 through G7) $59,501.50 $68,957.20 $37,197.65 BID TAB SUMMARY I I I H:\HOME)JamieP)/rGen\City Projects\Bond 2008\CR 52 and 69\Budge6Bid Tabs \Bid Tab CR52&69xls Printed on 619/2011 Page 3 of - ADULATED BY: Michelle A- Patton, P.E. - :ATE: Thursday, May 26,2011 CONSULTANT: MAVERICK ENGINEERING. INC. T --__ CITY OF CORPUS CHRISTI •COUNTY ROADS 52 8 69, PROJECT NO. 6471 & 6507 OayLM. p.0. Baa Co • as Oulsfi, esoe l% 70469 Heaz-Anderson P.O. Boa 7692 Co . , Christ TX TX 78467 Garrett Construct:a P.O. Boa 1026 . us Cl TX 78362 •--- BIO ID - , — NO. DESCRIPTION OTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TOTAL BASE BID DESCRIPTION - PARTE A, PART A: STREET IMPROVEMENTS COUNTY ROAD 52 57,096,533.65 51,199 845 25 E7 109.326.88 PART B: STORM WATER IMPROVEMENTS COUNTY ROAD 52 5392.178.15 5397,219.70 5448,304.65 PART C: WATER IMPROVEMENTS COUNTY ROAD 52 535.906.60 553,356.60 558,699.40 PART D: RIVERWAY DITCH IMPROVEMENTS COUNTY ROAD 52 5349.300.40 5435,081.40 5484 690.70 PART E: STREET IMPROVEMENTS COUNTY ROAD 69 5606,522.50 5636,046.40 5741 247.87 PART F: STORM WATER IMPROVEMENTS COUNTY ROAD 69 370,104.00 563,578.00 155,952.40 TOTAL BASE BID 52.554.226.25 52.765 127.35 52 978 220.01 ART A: STREET IMPROVEMENTS COUNTY ROAD 51,098,833.65 51.199.845.25 $1,189,324.98 ART B: STORM WATER -- •VEMENTS COUNTY - • r 52 5392,179.10 5397,219.70 5448,304,65 ART C: WATER IMPROVEMENTS • • a 52 538,906.60 553,356.60 558,698.40 - r • • a 5349,300.40 $435,081.40 5484,69070 PART E' STREET •IMPROVEMENTS• • a 69 j 5806,822.50 5636.046.40 5741.247.87 PART F' STORM WATER • - • • • a . • 570,184.00 563,578.00 555,952.40 PART G: ALTERNATE • 559,501.50 568.957.20 $37 197.65 TOTAL ALTERNATE NO. 1 BID 82.613 727.75 52,854,084.55 53,015,417.66 TOTAL BASE BID 52,554,226.25 52,785,127.35 52,978,220.01 TOTAL ALTERNATE NO 1 52,613,727,75 52,854,084.55 53,015,417.66 COLOR KEY: indicates Parts or Line Items not bid Indicates a mathmalical error in the bid proposal, the spreadsheet numbers are correct Indicates original estimate used different quantity ( original quantity In parenthesis) HAHOMEUamiePyGen\City Projects \Bond 2008\CR 52 and 69\BudgetBid Tabs\Bid Tab CR52889.als Printed on 6/9/2011 Page 40(4 PROJECT BUDGET COUNTY ROAD 52 FROM COUNTY ROAD 69 TO US 77 Project No. 6471 COUNTY ROAD 69 FROM COUNTY ROAD 52 TO FM 624 Project No. 6507 (BOND ISSUE 2008) June 28, 2011 FUNDS AVAILABLE: Bond Issue 2008 County Road 52 $2,400,000.00 Bond Issue 2008 County Road 69 800,000.00 Nueces County contribution 1,200,000.00 Storm Water 811,663.50 Water 38,906.60 Total $5,250,570.10 FUNDS REQUIRED: Construction (Bay Ltd) $2,554,226.25 Contingencies 255,422.63 Consultant Fees: Consultant - (Maverick Engineering) Geotechnical Testing and Repair - (Rock Engineering & Testing)..... ............. Construction Material Testing - (Rock Engineering & Testing) Reimbursements: Contract Administration (Contract Preparation/Award/Admin) Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) Finance Reimbursements Misc. (Printing, Advertising, etc.) Total 386,517.00 * 16,900.00 46,173.00 70,241.22 89,397.92 31,927.83 12.771.13 $3,463,576.98 Estimated Project Budget Balance $1,786,993.12 ** * Construction Observation Services is included in Consultant, Maverick Engineering's, contract in the amount of $83,870; which was approved by City Council on December 15, 2009. ** Remaining funds are required for Holly Road design from SH 286 Crosstown Expressway to Greenwood Drive as per voter -approved Bond Issue 2008 ballot. H:WOMEWVetm,PIGENISTREET16471 COUNTY ROAD 521CONSTRUCRON16 AGENDA PROJECT BUDGET6 AGENDA PROJECT BUDGET —197 - EXHIBIT "D" Page 1 of 1 AVERICK ENGINEERING INC. ?L'i:'cC. 371 averi ken gin cering. coin June 3, 2011 Mr. Pete Anaya, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Subject: County Roads 52 & 69 City Project No. 6471 & 6507 Dear Mr. Anaya: On May 25, 2011, bids were received and opened on the subject project. There were three (3) bidders as follows: Base Bid: 1. Berry Contracting L.P. DBA Bay Ltd. 2. Haas — Anderson 3. Garrett Construction Company Engineer's Opinion of Cost (4/20/11) Additive Alternate No.1 Bid (Riverway Ditch): 1. Berry Contracting L.P. DBA Bay Ltd. 2. Haas — Anderson 3. Garrett Construction Company Engineer's Opinion of Cost (4/20/11) $ 2,554,22625 $ 2,785,127.35 $ 2,978,220.01. $ 2,383,023.30 $ 2;613,727.75 2,854,084.55 $,3,015,417.66 $ 2,383,023.30 The three proposals from the bidders were checked for mathematical errors and. One was found on the Hass -Anderson proposal which is indicated on the attached bid tab. Bay Ltd. was the lowest bidder. The submitted A-28, A-29, and A-30 of the Special Provisions have been attached for your review. The information supplied by, the apparent low bidder appears to be complete and in order as follows: A-28 1. There are not any liens filed against Bay Ltd. at this time that I am aware of. 2. There are not any outstanding unpaid claims against Bay Ltd. at this time that I am aware of. A-29 Supervision on project: See attached resumes. 1. Frank Whiteaker 2. Rokcy Eyler 400 Mann St., Suite 200 Corpus Christi, Texas 78401 361.696-3500 • Fax 361.696-3599 • www.maverickengineering.com —198 - EXHIBIT "E" Page 1 of 2 Mr. Pete Anaya County Roads 52 & 59 Improvements June 1, 2011 Page 2 of 2 A-30 Amended "Consideration of Contract" Requirements 1. List of major component of work a. Clear ROW b. Street Excavation Limestone Base c. Geogrid d. Hot Mix e. Water Lines f. Concrete Boxes g. RCP h. Inlets i. Ditch Excavation j. Topsoil & Seeding k. Wingwalls I. Headwalls m. Striping 2. List of Products: See Attached 3. Schedule of Values: See Attached 4. Anticipated Monthly Payments: a. Month 1 b. Month 2 c. Month 3 d. Month 4 e. Month 5 f. Month 6 $400,000.00 $445,000.00 $490,000.00 $480,000.00 $480,000.00 $259,226.25 Based upon all of the above, and subject to the availability of funds, it is my recommendation that Bay Ltd. be awarded the contract on the subject project:. Additionally, we recommend that the firm Rock Engineering and Testing Laboratory, Inc. be contracted for material testing. Sincerely, /416 Michelle Patton, P.E. Maverick Engineering, Inc Attachment: Bid Tabulation Special Provisions Bay Ltd., Haas -Anderson and Garnett Construction Company 400 Mann St., Suite 200 Corpus Christi, Texas 78401 361.696-3500 • Fax 361.696-3599 • www.maverickengineering.com -199- IEXHIBIT "E" Page 2 of 2 \Mproject\councilexhibits\exh6471-6507b. dwg NORTHWEST BOULEVARD PROJECT #6507 SITE County Road 69 from County Rood 52 to FM 624 PROJECT #6471 SITE County Road 52 from County Rood 69 to US 77 LOCATION MAP NOT TO SCALE PROJECT #6471 & 6507 EXHIBIT "F" #6507 -County Road 69 from County Road 52 FM 624 (Bond 2008) & #6471 -County Road 52 from County Road 69 to US 77 (Bond 2008) 200 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE; 1 of 1 DATE: 06/28/2011 NMI WIMP M, IWO w.r COUNTY ROAD 52 IRRIGATION CANAL INTERLOCAL AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES§ KNOW ALL MEN BY THESE PRESENTS: IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN MADE THE PARTIES AGREE AS FOLLOWS: Section 1. Parties. This agreement is made and entered into by and between the City of Corpus Christi, Texas, hereinafter referred to as "City", and the Nueces County Water Control and Improvement District No. 3, hereinafter referred to as "District". Section 2. Authority. This Agreement is made under the authority of Section 791.011 (a) Government Code. Section 3. Current Revenues. Each goveming body, in performing governmental function 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. Section 4. Findings. Each governing body fords 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 responsibilities and costs fairly compensates the performing party for the services or functions of' this Agreement. Section 5. Service to be provided. (a) City, in conjunction with Nueces County, Texas is in the process of rebuilding County Road 52, a public roadway in Nueces County, Texas. As a result the City will remove and replace the existing two lane roadway with a three land roadway containing two lanes of travel and a center turn lane. In rebuilding County Road 52, the —201— EXHIBIT "G" Page 1 of 5 City will backfill and cover an existing irrigation ditch owned and maintained by the District to provide irrigation water to the owners and occupants of lands lying contiguous to County Road 52. (b) The District has been formed pursuant to the Article III, Section 52 of the Texas Constitution and has as one of its responsibilities the reclamation and irrigation of its arid, semiarid and other lands which need irrigation. The District owns and maintains one or more canals for the delivery of water for irrigation including an irrigation canal contiguous to County Road 52 to provide irrigation water to the owners and occupants of lands lying contiguous to County Road 52. The District does not provide water to all of the owners or occupants of lands Tying contiguous to County Road 52 at this time, but must, within 48 hours after a request for water delivery, provide water through the delivery system owned and maintained by the District contiguous to County Road 52 to those owners or occupants of land requesting water delivery in accordance with the duly adopted policies of the District. (c) The District shall provide to City an easement along, over and across the irrigation canal owned and maintained by the District contiguous to County Road 52 to be utilized by the City to construct, improve and maintain County Road 52. (d) District reserves an easement along, over and across County Road 52 to be utilized by the District to provide irrigation water to the owners of lands in the District contiguous to said County Road 52. (e) The City agrees, that at such time as the District receives a request for irrigation water from the owner or owners of land lying contiguous to County Road 52 and not served by the District at the time of this Agreement, to provide, at the City's sole —202— cost and expense, a pump or pumps, as well as a sufficient length of pipe, to provide irrigation water from the facilities of the District at the intersection of County Road 52 and County Road 69 to the owner or owners of land requesting irrigation water. (e) In order to meet the obligation that the District has to an owner or owner of lands to provide irrigation water, the City will provide the pump or pumps and the pipe necessary to transmit water for irrigation purposes within 48 hours after receipt of notice from the District to the City. (f) The City is not responsible for providing irrigation water to the owner or owners of land lying within the District and contiguous to County Road 52. (g) The District is not responsible for the construction or maintaining of any portion of County Road 52. Section 6. Term. The original term of this Agreement shall be one year. It is agreed by the parties that this Agreement shall automatically renew for additional one year periods for so long as the City and/or Nueces County, Texas shall own and maintain County Road 52. Section 7. Permits. (a) The City is responsible for obtaining and maintaining any permits necessary or required to construct, improve and maintain County Road 52. (b) The District is responsible for obtaining and maintaining any permits necessary or required to provide irrigation water to the owner or owners of land lying contiguous to County Road 52. Section 8. City Control. All services provided under this Agreement by the City shall be at the sole direction and supervision of the City. —203— EXHIBIT "G" Page 3 of 5 Section 9. District Control. All services provided under this Agreement by the District shall be at the sole direction and supervision of the District. Section 10. Notice. Notice shall be delivered to the following address for the party notified: CITY OF CORPUS CHRISTI City Manager of City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 NUECES COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 3 District Manager 501 East Main Street Robstown, Texas 78380 Section 11. Default. In the event of a default in any of the terms herein by either the City or the District, the non defaulting party shall give a 10 day written notice advising the defaulting party of the default ("default notice"), by certified mail, retum receipt requested. The defaulting party shall have 10 days from the date of the default notice to cure the event of default or this Agreement shall terminate. In the event the Agreement terminates the parties shall have no further obligation to the other party by reason of this Agreement. Section 12. Dispute Resolution. The parties hereto mutually contract and agree that each, every, any and all claims, disputes and/or controversies, now existing or hereafter arising, whether known or unknown, shall be exclusively resolved, as follows: (a) by attempting settlement by mediation, under the Mediation Rules and utilizing a neutral mediator; and, failing settlement by mediation, (b) the parties agree that all claims and disputes, including those of jurisdiction and arbitrability, shall be resolved by neutral binding arbitration by the National Arbitration Forum, under the Code of Procedure in effect at the time any claim is made. Each party shall pay its own costs of arbitration. The parties stipulate that this agreement involves transactions in interstate commerce, is subject to the Federal Arbitration Act, invoke its jurisdiction and agree that any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. —204— EXHIBIT "G" Page 4 of 5 Section 13. Miscellaneous. (a) (b) This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement shall not be binding upon the parties unless reduced to writing and signed by the persons authorized to make such agreements on behalf of the respective party. The Effective Date of this Agreement is the day of May, 2011. City of Corpus Christi, Texas Attest: City Secretary Attest: City Manager Nueces County Water Control & I, provement District No. 3 DiSecretary w e" 'c 'T anager Default — mediation misc —205— EXHIBIT "G" Page 5 of 5 ao toear4 THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by and between the CITY OF CORPUS CHRISTI, TEXAS ( "City"), a Texas municipal corporation and home -rule city, acting byand through its governing body, the Corpus Christi City Council, and the NUECES COUNTY, TEXAS ("County"), acting by and through its governing body, the NUECES COUNTY COMMISSIONERS COURT. This Agreement is made pursuant to Chapter 791, Texas Government Code, and is as follows: SECTION 1. PURPOSE FOR PARTICIPATION. For the mutual benefit of the parties and the residents of the City of Corpus Christi and Nueces County, Texas, City and County desire to fund and provide for the expansion of County Road 52 ("CR 52" or "the Road") to 3 or 5 lanes generally depicted on Exhibit A herein attached and incorporated in its entirety, and related improvements as provided in this Agreement. SECTION 2. OBLIGATIONS OF CITY AND COUNTY. For and in consideration of the covenants and agreements of the parties set forth herein, City and County agree to participate in the funding of costs, including engineering, and construction necessary to facilitate the construction of improvements to renovate and expand CR 52 (the "Project" or the "Work") as follows: (a) Funding. County agrees to pay up to $1,200,000.00 to the City of Corpus Christi for Project costs associated with the construction of County Road 52 including, but not limited to: engineering services to design and prepare construction plans, property and land acquisition, legal expenses, advertising, printing and miscellaneous expenses necessary for the construction of CR 52. The City agrees to provide $1,200,000.00 in funding toward the construction of CR 52. It is mutually agreed that the total Project cost will not exceed $2,400,000.00. The City or County may increase their funding upon written notice to the other party. Any such increased funding will be used only for the purpose of this agreement. However, such increase will not require any commitment of matching funds by the other party unless mutually agreed in writing as an amendment to this agreement. (b) Utilities & Miscellaneous. The City and County agree any drainage, adjustments or relocations of private utilities or pipelines that may be necessary due to the Project will be part of the Project. The cost 2009-549 M2009-349 12/15/09 Nueces County 1 —206— 4e, EXHIBIT "H" Page 1 of 5. INDEXED adjustments or relocations of private utilities or pipelines will be paid with Project funding. The City will pay for 100% of the costs for the adjustment, relocation, installation and maintenance of any City -owned gas lines and wastewater Tines including valves and appurtenances. The City and County will each pay for one-half the costs of any storm water improvements installed as part of the Project with Project funding. The City and County will each pay for one-half the costs of any modification or adjustments required for any raw water canals or other raw water conveyances with Project funding. (c) Prooertv & Land Acquisition. The City agrees to acquire any construction easements, rights-of-way, and utility easements that may be necessary for construction, including proceedings to condemn by use of the power of eminent domain, if necessary. The costs of such acquisition are included in project funding and will be paid with Project funds. The City will acquire and hold property rights in the name of the City. (e) Payment Dates. The County will pay (up to an amount of $1,200,000) City within 30 days from the date of receipt of the City's detailed invoice for project funding. City will bill County on a monthly basis for 50% of the Project costs incurred. County shall have the right to review and audit the City's documents conceming Project expenses upon request. (f) Contract Management. City will be responsible for contract administration during construction of CR 52 including any new utilities, drainage and required adjustments and/or relocation of the utilities. City will provide oversight inspections, as needed, and provide through an independent third party provider necessary geotechnical services, engineering materials inspection, testing and laboratory services at its expense. The cost of contract administration will be paid with Project funds. Both City and County will accept, in writing, the Project Plans, Specifications, and Cost Estimates before the City advertises and proceeds to solicit bids for the construction of the Work. The City will ensure the contact documents require the contractor to name the City of Corpus Christi and Nueces County as additional insureds. The City will ensure the contract documents include the requirement that the contractor indemnify and holds harmless the City of Corpus Christi and Nueces County. 2 —207— (g) The City Council will authorize the City Manager or his designee to execute the contract after the bids have been opened and evaluated. Payments. Any payment made by either party hereto for any of the services provided pursuant to this Agreement shall be made out of current revenues available to the County and City as required by Chapter 791, Texas Government Code. (h) Final Acceptance. Both City and County shall make final inspection of the improvements, and City Engineer and County Engineer must each agree and will certify in writing such completion for Final Acceptance. City shall provide written notice to the County Judge the date certified for Final Acceptance under this subsection (the "Date of Acceptance"). Construction Warranty Period. During the construction warranty period of one year from the Date of Acceptance, or for such lesser or greater period as may be specifically provided, both City and County shall be responsible to present warranty issues to be done or performed by contractor. (i) 0) Maintenance. City will maintain the roadway and drainage improvements. This paragraph will survive expiration of this agreement. (k) Easements. County will grant the City access to any of its property or easements for the construction of the project and maintenance of City utilities. SECTION 3. TERM OF AGREEMENT. Term. The term of this Agreement shall be from the date signed and authorized by the parties until final acceptance of the Work, which shall be no later than two years from signing of this Agreement. This Agreement may be extended upon written agreement of the parties. If unexpected delays in the Project occur, this Agreement shall extend beyond the two-year term as necessary. The City shall provide the County with the proper justifications for any extension in writing. SECTION 4. CHANGE ORDERS Change orders will be reviewed by both the County and City with the City giving final approval as part of contract administration. All changes will be funded with Project funds. Copies of the Change Orders will be provided to the County Engineer. 3 —208— EXHIBIT "H" Page 3 of 5 SECTION 5. MISCELLANEOUS. (a) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either County or City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. (b) Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: Q Angel R. Escobar City Manager City of Corpus Christi P. O. Box 1541 Corpus Christi, Texas 78401 COUNTY Samuel L. Neal, Jr. County Judge Nueces County 901 Leopard Corpus Christi, Texas 78401 (e) Non -Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 4 —209— EXHIBIT "H" Page 4 of 5 (f) (g) Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City of Corpus Christi, or any officer, agent or employee of the City, or any Reinvestment Zone, or any County Commissioner, officer, agent or employee of the County. No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. IN WITNESS HEREOF, the City and County have made and executed this Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS An Ir Escobar Ci Manager ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: bate ate Samuel L. Neal, Jr. / 'ate County Judge -)(4c '&'s4 . ik Q *v Date Diana- Barrerateesa$Us odDate County Clerk, b :, tr22ia0ro j-140 Veronica Ocanas Date Assistant City Attorney for City Attorney 5 —210— Jtk oo -s4q AUTHORIZED RT OOUNCIL.._11510 IEXHIBIT "H" Page 5 of 5 Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE NUECES COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 3 TO PROVIDE FOR THE APPROPRIATE EASEMENTS ALONG COUNTY ROAD 52 AND FOR THE CITY TO PROVIDE, IF NECESSARY, PUMP(S) AND PIPING AT THE INTERSECTION OF COUNTY ROAD 52 AND COUNTY ROAD 69 TO ALLOW THE DISTRICT TO PROVIDE IRRIGATION WATER TO CERTAIN LAND OWNERS ALONG COUNTY ROAD 52 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 an Interlocal Agreement with the Nueces County Water Control & Improvement District No. 3 (the "District") to provide for the appropriate easements along County Road 52 and for the City to provide, if necessary, pump(s) and piping at the intersection of County Road 52 and County Road 69 to allow the District to distribute irrigation water to certain land owners along County Road 52. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED AS TO LEGAL FORM: 15 -Jun -11 Veronica Ocanas Assistant City Attorney For City Attorney H:\LEG-DIR\VeronicaO\1.ENG\1 AGENDA ITEMS \2011\062811\062811 RESO Interlocal NCWID#3 CR 52 v.2.docx —211— Page 2 of 2 Corpus Christi, Texas day of , 2011. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb H:\LEG-DIR\VeronicaO\1.ENG\1 AGENDA ITEMS \2011\062811\062811 RESO Interlocal NCWID#3 CR 52 v.2.docx —212— 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 28, 2011 AGENDA ITEM: Item A: A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $300,000 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2010 HOME PROGRAM AND EXECUTE ALL RELATED AND NECESSARY DOCUMENTS FOR THE NUECES COUNTY COMMUNITY ACTION AGENCY PROJECT. Item B: AN ORDINANCE APPROPRIATING A GRANT OF $300,000 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE NO. 9045 GRANT FUND FOR THE 2010 HOME PROGRAM FOR THE NUECES COUNTY COMMUNITY ACTION AGENCY PROJECT; AND DECLARING AN EMERGENCY. ISSUE: On April 20, 2010, the City Council adopted the FY2010 Consolidated Annual Action Plan (CAAP) for Community Planning and Development Programs that included $1,905,515 for the HOME program. Subsequently, a subrecipient agreement for funds received from the FY2010 HOME program requires CCCIC action and approval with the Nueces County Community Action Agency (NCCAA). The NCCAA will utilize the HOME funds for the acquisition and rehabilitation of a four -unit residential unit located at 3609 Crestbrook Court in the City of Corpus Christi, Texas. PREVIOUS COUNCIL ACTION: On April 20, 2010, the City Council adopted the FY2010 Consolidated Annual Action Plan (CAAP) for Community Planning and Development Programs that included $1,905,515 for the HOME Program. REQUIRED COUNCIL ACTION: Acceptance of the grant, approval of the ordinance and appropriation of funds. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance as presented. —215— Respectfully Submitted, Eddie Ortega, Director Neighborhood Services Department 826-3234 Eddieo@cctexas.com Attachments: Background Information Proposed NCCAA Project Agreement Resolution NCCAA Project Ordinance NCCAA Project -216- BACKGROUND INFORMATION The Nueces County Community Action Agency, a Community Housing Development Organization (CHDO) has been providing affordable housing in the City of Corpus Christi; the award of $300, 000 of FY2010 HOME Funds will facilitate the purchase of a four -unit residential building located at 3609 Crestbrook Court. The property will be renovated and will provide rental housing for households that are at eighty (80%) percent or below the area median income. The unit to be acquired will be renovated to improve any deficiencies in each unit and to incorporate energy efficiency concepts to reduce the tenant's energy consumption. A concentrated effort will focus on making the units; as "green" as feasibly possibly and in compliance with ADA requirements. Staff supports the funding of this project with the use of FY 2010 HOME funds for the purchase and renovation of the property located at 3609 Crestbrook Court for the purpose of increase the available rental stock for affordable housing. —217— A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $300,000 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2010 HOME PROGRAM AND TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS FOR THE NUECES COUNTY COMMUNITY ACTION AGENCY PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to accept a grant of $300,000 from the U. S. Department of Housing and Urban Development for the 2010 HOME Program and to execute all related and necessary documents for the Nueces County Community Action Agency project. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 17, 2011 Eliza ' t R. Hundley Assis t City Attorney for the City Attorney Joe Adame Mayor EHres266 HOME Funding FY1011 NCCAA 20110617 Page 1 of 2 -218- Corpus Christi, Texas day of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHres288 revd HOME Funding FY1011 NCCAA 20110622 Page 2 of 2 -219- AN ORDINANCE APPROPRIATING A GRANT OF $300,000 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE NO. 9045 GRANT FUND FOR THE 2010 HOME PROGRAM FOR THE NUECES COUNTY COMMUNITY ACTION AGENCY PROJECT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant in the amount of $300,000 from the U. S. Department of Housing and Urban Development is appropriated in the No. 9045 Grant Fund for the 2010 HOME Program for the Nueces County Community Action Agency project. 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 , 2011. ATTEST: Armando Chapa City Secretary APPROVED: June 17, 2011 zab R. Hundley Assi t City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHord335 HOME Funding FY1011 NCCAA 20110617 Page 1 of 2 —220— Corpus Christi, Texas day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHord335 revd HOME Funding FY1011 NCCAA 20110617 —221— Page 2 of 2 City of Corpus Christi Erasion Response plan June 28, 2011 Typical Beach/Dune System Cross Section Figure 4: Beach Dune System -; °-: Sercrinin at d Tains careviliancL *Rud candtriesc1 mav VCIV 2 Background Information Authority for local governments to manage beachfront development is granted in the Texas Natural Resources Code, Open Beaches Act (Chapter 61), and Dune Protection Act (Chapter 63) Related City Codes are included in Chapter 10 of the Code of Ordinances, Beachfront Management and Construction background Information, contd. Per the Dune Protection Act, a city is not authorized to establish a dune protection line unless the authority has been delegated to the city by the county Nueces County has not delegated dune protection authority to City of Corpus Christi. They administer Dune Protection Act requirements (Dune Protection Permits) The barrier island dune system plays an extremely important role in protecting adjoining properties from storm surge. The County Dune Protection Permit process restricts any construction or operation within the Dune Protection area from negatively impacting any sand dune or vegetation protecting a sand dune 4 background Information, contd. The City of Corpus Christi administers Open Beaches Act requirements (Beachfront Construction Certificates) The City Beachfront Construction Certificate process ensures beachfront development does not interfere with public access to beach areas Background 1 nforrnation, contd. Dune Protection line (Dune Protection Act) is 1,000 feet landward from mean high tide line Beachfront Construction line (Open Beaches Act) is 1,000 feet landward from mean high tide line or along first public road right of way parallel to beach Erosion Area Line, per Ordinance, is line projected landward from the vegetation line a distance determined by multiplying 50 (years) by the annual historical erosion rates (from University of Texas Bureau of Economic Geology), or 200 feet, whichever is greater Erosion Response Flan Essential Elements Identification of construction set back line Criteria for establishing setback line Criteria for construction within setback line Identification of exemptions for existing structures Conditions for construction of exempt structures Inventory of all existing and proposed beach access ways and amenities Erosion Response Plan Essential Elements Outline procedures for preserving and enhancing public rights of access Post storm damage assessment and rehabilitation procedures Procedures for preserving, restoring, and enhancing critical sand dunes Facilitate public input prior to City Council action Amend Code of Ordinances to be consistent with Erosion Response Plan requirements Erosion Response Plan Reference Information Existing dune field widths vary from 200 feet to 400 feet Average beach width (mean high tide to vegetation line) averages] 94 feet on Mustang Island, 280 feet on North Padre Island Average erosion rates for Mustang and Padre Island are 2.7 and 2.4 feet per year, respectively. Actual rates vary from accretions of 0.71 to erosion of up to 6.5 feet per year Construction Allowed within Setback Line Dune walkovers, beach access roadways, public parking, public facilities, in accordance with Texas General Land Office standards Reconstruction of existing nonconforming structures (no expansion of footprint, continuous use, 50% rule) New construction allowed for lots platted prior to 8/31/2010 All construction must be in accordance with FEMA requirements Dune Management System Goals Establish/maintain a continuous foredune ridge of at least 14 feet in height Minimum dune area width of 200 feet Minimum 85% dune area vegetative coverage Minimum desirable beach width of 100 feet Summary Comparison Existing Gulf beach shoreline Erosion rates Locations of existing dune fields 200 foot setback from vegetation line 350 foot setback from vegetation line !111* 0.$f., A 16. 0 LOCATION MAP et1S8`, i-r`i. 3;Ir+-fe,r,i-e 0 rltreces t7 12 1T r;V: 15 ,r;71',211f1):1 10 i 19 20 1, anc�e LOCArIOH 0 200 400 800 1,200 1,600 Feet PI'n4np Dale 411$1711 (II l$ L k,DI'0FAficrno oajENP Armiho W❑41K3 IN MON RE SGINIWEAaelaNLHiSParl H�WI€RP_11i1r �N PfivuMBr kAa IleusbeWn kevar6-1 OW) 000141n91a Sysvm f14D 1631$44940e :4u1 snvP F199 4205 Fps, 6111101 CxpLLI U.cN<< nowc4•*inl $an401 Legend Dune Protection ▪ Mean High Water Line 2' Contour, GL0 2010 Contours el SEG Snorelina nPints In ChaFeetge per Year — BEG Projected 2060 Shoreline - - i Line of Vegetation {LDV} -•r 200' City Erasion Line .. 2501 County Erosion Line --- 1000' Pune Proleo0on Line Gl.Q Contours 2010 Contours m Feet - 20 MI 16 - lG Beach Access CWWIectot Existing - Collector Proposed Beate Access Rd Existing - Beach Access Rd Proposed r Rural Arterial Mllepoint Markers litgation Opportunities Al Ranked Mitigation Areas CITY LIMITS riL ,, „. 1ETJ C Parks Golfe Mexico • Beach Wen 1 2 LOCATION MAP a {„e .7-67,701.1r. { $ Bbl i lSr^,ik ,e l ss:I 17! 01 PAGE LOCATION 200 400 800 f,200 1,8i eet City of Corpus Christi PIe tFry 044k 41121111 Fie H,'PLN-rxRLSHV ED1,19 PrOdsPLFNN#IGNOR%SIB;PROGRESS;01KR8,Si0N„RE&PGNSE,PUayRPm: tax17.planmrd P*47arcd BY Teas INW*Natirr PWpdea$ Orly] Cowdhalr 9yaiarn NA 1 N3viisPlanP TPa41Sa4Ih FIRS 4206 Fast 0 Cay dCerpus ChraLl 6.44opmentSower Legend Dune Protection Mean High Water Line 2' Contour. GLD 2010 Contours o BEG Shoreline Change Points In Feel per Ye®r BEG Protected 2080 Shoreline — • Line of Vegetation (LOV) -• — 200' City Erosion Line • • 450' County Erosron Line — 1000' Duna Protection Line GLd Contours 2010 Contours In Feet 20 10 II Beach Access air Collector Existing Collector Proposed Neagh Access Rd Existing ++++ Beach Access Rd Proposed Rural Artenal r Milepolnt Markers Mltgation Opportunities 01 Ranked Mitigation Areas C.72; CITY LIMITS u ET,) Parka Gulfot Mexico Beach 1/91dth 1 3 ;4116t City of Corpus Christi Legend Dune Protection • Mean High +Maar Luie 7 Contour. G1.0 2010 Contows C BEG Shoreline Change Points in FqK per Year 8EG Prgeoled 2080 Snnrernc s • Line a1 Vegetation (LQV) • • 290' Crty Erosion Line 350 County Erasion Lino — 1000 Dune Protection Line GLO Contours 2010 Contours to Feet — 20 MI10 • Beach Access - Called« Existing - Caucda Proposed i teach Access Rd Existing -•-^R Desch Access Ra — Rural A.rtehal r Mitepant Maven Mitgation Opportunities #1 Rankud Mitigation Ames CITY LIMITS ETJ PaKs Cull of Wtex ro Beach Width 15 Legend Dune Protection - — Mean High Water Line 2' Contour, GLO 2010 Contours • BEG Shoreline Change Points In Feet per Year BEG Projected 2000 Shoreline - — Line of Vegetation (LW) -•— 200' City Erosion Line 35o. Courtly Erosion Llne 1000' Dune Protection Urfa GLQ Contours 2010 Contours In Feet 2l amu; Beach Access Collector Existing *•— Collector Proposed - Beach Access Rd Existing --�+t Beach Access Rd Propos Rural Arterial r Milepent Markers Mitgation Opportunities N1 Ranked Mitigation Areas { CITY LIMITS •111111.111 0. Parks GUIs Of Mexico Beads Width 2 16 • A.. ., .may*". 'r 0 0 b-00 ®� ' • 41 Legend Dune Protection Beach Access . •^, Mean High Water Line Contactor 2' Contour. GLO 2010 Contours Existing City of Corpus Christi o BEG Shoreline Change Pants winrr Cplledor In Feet per Year Proposed ® BEG ProJooted 2080 Shoreline • • r Line of Vegetation (LOV) •r••• 200' City Erosion Line • 350' Caunly Erosion Line *— 1000' Owe Protection Line GLO Contours 2010 Contours in Feet 20 t♦ $(1 IM 1 �■ Beach Access Rd Existing +••+�+ Beach Access Re Rrofscsed Rural A toriot r Milep#nt kt S Mitgation Opportunities flf Ranked Mitigai 1' -Pis l _Wi CITY LIMITSMar ETa Parks Gult of Mexico Beach +Mdeh 17 Z�! C e. • 44 Awe • rsi( �C ,rim,, Y; tU..l �.a g Y` )' U`g� 4y 1, I.}' mG G a F r LOCATION MAP PAGE LOCATION City of Corpus Christi Legend Dune Protection Beach Access —.,—„" Mean High Water Line Collector 2' Contour, GLO 2010 Contours Existing o BEG Shoreflne Change Potnts .—•—. Collector In Feel per Year Proposed — BEG Projected ZOO ShoreHne - - • Line of Vegetation (LOO) - - 200' City Erosion Line ...... 350' County Erosion Line -- 1000' Dune Protection Line GLO Contours 2010 Contours In Feet — 20 10 t_ 14 — Itl 2 each Access Ra F.Mistrng Beach Access Rd Proposed Rural Arterial r Milepoirl Markers MPtgation Opportunities 01 I Ranked M4cgaron Areas CITY LiMrTs ELI Parks Gulf of Mexico Beach Width 18 Legend Dune Protection •,,1••,• Mean High Water Lire 2' Contour, GLO 2010 Contours 4.1 City of Corpus Christi BEG Shoreline Change Points In Feel per Year BEG Protected 2060 Shoreline ▪ • Line a1 Vegeiatlon ILOV1 ▪ • 200' City Erosion Lire • 350' County Erosion Line •�— 1000' Dune Protection Line GLO Contours 2010 Contours in Feel — 20 MN 16 ® 1,1 2 Beach Access Collector Existing ••••••• Collector Proposed Beath Access Rd Exishng ••-- Beach Access Rd Proposed r Rural Arterial Miiepoint Markers Mitgation Opportunities #t Ranked Mitigation Areas. k......) CITY LIMITS • 'ETJ Pars Gull of Me>ttco Beach Width 19 LOCATION MAP PAGE LACATICA a City of Corpus Christi Legend Dune Protection Mean High trf&1er Lure 7 Contour, GLO 2010 Contours Beach Access CClledor Emsting G BEG Violence Change Poets COtredsM In Feet, per Year Proposed -- BEG Projeded 2060 Scorekne .. 0. . Lune of Vegetation «.OY} -•r 200' City Erosion Lux 250' County Erolbbn Lute — 1004' Dune Protection Line GLO Contours 2010 Contours in Feet —24 IM t� ▪ IA ,•s Bate, Amass Rd Etnstir g - Beach Awns Rd PropaWed Rural Arlo nal r Mrlepainl mdrkcre Mitgation Opportunities of Ranked Mitt atlon Areas 1.4.� CITY LIMITS ,I'ETJ PNHts Gulf ni Mexico Beach Wdth 20 252 ' - " • t,, .b, o' - , • ..----- —'-z,' ' -6 0 0 . ,b, `Ii 0, , .0 -- 0 . - ,,, =o 1.•.,. to . Legend Dune Protection Lie 1 s 1 2D if: Moan High Water Line 21C,ontour, GLO 2010 Contours o BEG Shoreline Change Poinis In Feet per Year — BEG Projected 2050 Shoreline Line of Vegetalion (LOV) ▪ • 200City Erosion Line 350' County Erosion Line - 1000r Dune Protector Line Contours in Feet - 20 11111 16 RIM 14 — rMilepoint Markers Mitgation Opportunities Of Ranked Mitigation Areas i__; CITY LIMITS 16900 13 15. 5� ..r��.�•�9 I'� 11 17 1 PAGE LOCAT(O City ©f Corpus Christi Legend Dune Protection ▪ Mean Higt Mater Line 2 Contour. GLO 2010 Contours 0 BEG Snorellre Change Pants In Fee1 per Year - BEG Projected 2060 Sharel ne ▪ Line of Vegetation, (LOV) ▪ 200" City Erosion Line 350 County Erosion line - 106fr Dune Protector Lure GLO COntOurS 2010 Contours In Feet - 20 _ 16 2 Beach Access Comeacr Extsl ng -■ �+ Collector Proposed - Beach Access Pd Existing - Beach Access Rd Proposed Rural Arterial M ileppnt Markers Mltgation Opportunities At Ranked Mitigation Areas [_..J CITY LIMITS '1l Parks Gulf of Mex,tio Beast, Width 22 • 0-0." ° • e e 1 • • , • •sr, • „ l''v:qp . ,:•k„,r4 Of_ 1,_t, ' r --e - „ tb 0t' 0 4, I. o PAGE LOCATI 4 1r; it a 4#1,2w 1111P10,r49,1,14r tro144..1r 54 WM*, NPIZOGRIT.W.kOttPk...t 1,01pivaly.KAD (i0V11,01,1'i C iI r111111,111. NAP MO ,AlLT,,I,10,1,0" r,lyrIlr il1t. City of Corpus Christi Legend Dune Protection • Mean High Water Line Contour, GLO 2010 Contours o BEG Shickekte Change Points In Peet per Yea — BEG proected 06O Shorekne - • Lire of Vegetate!) (L0v) 2a0 City Simon Line • • ..... 350' Coixty EcoMxi Line -- 1000 Dune Protect& Line GI -0 COntOtffs 2010 Contours in niter — 20 le 2 Beach Access - Collector Existing — Collector Proposed - Beath Access Rd asting Beach Access Rd Proposed •—= Rdrai Arbanal r Mierxt Markers Mitgation Opportunities till Ranked Mittgatron Areas CITY LIMITS pork, Guff of Mexico Beach Width 22 4 Legend Dune Protection Ai . Mean High Water Line 2' Contour, GLO 2014 Contours PAGE LacariOt BEG Shoreline Change Pdnts In Feet per Year -- BEG Projected 2060 Shoreline • Line of Vegetation {LO\) �•� 200' City Erosion Line 350' County Erosion Line 1000' Dune Protection Line GLO Contours 2010 Contours in Feet 2D MI 16 fiI 0 200 400 r11..rr. Beach Access Qolk3Ctor Existing ...N. Collector Proposed - Beach Access Rd Existing ...� Beach Access Rd Proposed Rural Arterial r Milepcinl Markers Mitgation Opportunities tk7 ' Ranked Mitigation Areas [7,3CITY LIMITS i_ i��E7J Parks Gulf of Mexico Beach Width 2 3 Legend Dune Protection ▪ Mean High Water Lino 2 Contour, GLO 2010 Contours BEG Shoreline Change Points In Feet per Year Beach Access - Collector Existing - Collector Proposed 0 200 400 800 1;200 1,600 'deet ;rirriir 41:9i1519 _ FIt41:47.0N91Ft$IV,Ftg6310r5 rrou I Ira r'MPa'ea 8r: kA6?Cdsr-I Parr ase030) 'AL1. E0 5iatq'pa rico 4O rsr.'; r7t;'iv td i;i=mLs rS•euCbeun c:mam Sefrisso �. City of Corpus Christi BEG Projected 2060 Shoreline • t, Line of Vegetation ILOVI ••� 200' City Erosion Line ,' , • 350' County Erosion Line 1000' Dune Protection Line GLO Contours 7010 Contours in Feel - 20 16 I MI 1;I - Beach Access Rd Existing �+• Beach Access Rd Proposed Rural Arterial M Markers Mitgation Opportunities #1 Ranked Mitigation Areas CITY LIMITS „wrr 'r,s,31 ij Parks GuFf of Mexico Beacn Wtdt 2 24 atTarlii 10 jr?`Zirrr Legend Dune Protection �^ •� ^ Mean High Water Line 2' Contour. GLO 2010 Contours LOCATION MAP 1 1.6 lel 17 42 i5 20 PAGE LOCATION 0 BEG Shoreline Change Pointe In Feet per Year — BEG Protected 2060 Shoreline a• a Line of Vegetation (LOV) ••0.• 200' City Erosion Line 350' County Erosion Line — 1000' Dune Protection Line GLO COMM 2010 Contours in Feet — 20 � sa i• i. Beach Accese +•=• Collector Existing 0 200 400 800 1,200 Collector Proposed Beach Access Ra Existing Beach Acres Rd Proposed Rural Arterial r MilepoinI Markers Mitgation Opportunities #1 Ranked Mitigation Areas 1"i) CITY LIMITS q �. rETJ Parks Gulf of Mexico Beach Width 2 5 alta; m analog 63.603 r+diii`'ti�pp, E City of Corpus Ch risti 800 1'200 1:600 Feet r -...'.,.y Ctiji' .. PnAHOr t. �i!'i rl..v !I k . voi.•r..•e91. �. el9 hug124, mo - Legend Dune Protection 1. l Mean High Water Line 2' Conicur, G10 2010 Contours o BEG Shoreline Change Points In Feel per Year — BEG Projected 2000 Shoreline Line of Vegetation (LOVj +•R 200' City Erosion Line X90' County Erosion Line �^ 1000' Dune Protection Line 010 Contours 2010 Conloura in Feet — 20 iG — 2 Beach Access Cc iieclor Enstmg *!+� Coeector Proposed - Beach Access Rd Existing - Beach Access Bd Proposed Rural Menai r Milepoint Markers Mitgation Opportunities 1 in Ranked Mitigation Areas r.,.„3 CITY LIMITS .. ti ETJ } Parks Gulf of Mexico Beach VNdth 2 6 111 aii tff,cat, PAGE LOCATION 1. 600 Feet City of Corpus Christi • _ Legend Dune Protection ▪ Man High Water Line 7Contour, GLO 2310 Contour& BEG Shoreline Change Points In Feel per Year — BEG Projected 2050 Shoreline ••• •• • Linear Vegetation (LOY) ▪ 200City Erosion Line 3501County Erosion Line oo•—o10001 Dune Protection Line GLO Contours 2010 Contour e In Feel — 20 In. 15 NM I —2 Beach Access i••• Coilector Existing Collector Proposed Beach Access Rd Existing ••• Beach Access Rd Proposed — Rural Arterial r MIlepoint Markers Mitystion Opportunities Rake U Mitigation Areas [1-3 CITY LIMITS "11E1'J Parks Gulf of Mexico Beach Width 27 srATI ary lt'1' els to qi iV� 6LCCAT!ON MAP GE LOCA TUN 200 400 800 1; r : 1.600 !Feet Orem am 4/5,2914 Pr « r114 -06•5•+4;15D,915 PRIK11.1.414 vC IN P1199 F repa4-0 ey Kae Isnlrl4•b Pvrpowl 00+1 Cbolra45ret«R w19 Ise) Slak.one Tsai So.%nva. aXM r •si 9 C.% W Coyne C..0 0 owr'OP•Nm ion. 1% 12. 102 r Too 5 b b 5 5 % r u r rl e a e rl cr.' ' 'u•• Legend Dune Protection Moen High Wafer Line 2' Contour. GLO 2010 Contours BEG Shoreline Change Points In Feet per Year --- BEG Projected 2080 Shoreline - - • Line or Veeelation (LOV) el • — 200' City Erosion Lune 3100' County Erosion Line 1000' Duna Protection Line DLO Contours 2010 Contours in Feet —20 18 ! IA Beach Access +--- Collector Existing *--- Collector Proposed -� Beach Aooees Rd Existing - Beach Access Rd Proposed = Rural Mede! r Megan! Markers Mitgation Opportunities N1 Ranked Mitigation Areas t� CITY LIMITS Parks Guff o! Mexico Beach Width 28 #3 #3 a4 _ , ex• r 90 - 0 0 0 0 0 0 0 0 0 0.0 0 0 0 0 f5 0 0'0 • 0 0 0 00 114 1;5 '4 "sr '4 6110 > '1* 5 5 5 b ? 5 "5 1 1. t?,3 •.& t "•'.*x •__210, "41t.9411;# , NVIKItk 112 13 10] 10 PAGE LOCATION 200 400 800 1.200 1,600 Feet iIi City of Corpus Christi 1 • PrIIIIN dry111 40101.. . _ .1 . II ht.WARI-19 Neie.V.PLANING WOWS tH PROIA At AteA010lt 6$10NAVAt*j'eAgiAlAVIA t70164111:1 ",..PO4r1 ei. 00 {Vdelrettee Pllrrel.11Voli ‘e, • • • - • ' A .. V (ceglii, Rem 40 ism *kerne% Tio,4 saws n0s 4 205 reel • , • — —41404 0 GOY 04 •CAllel ) r„nfidat**19/1•At stivitisl , .. i ,t..--tk.. r, , ,:—...-ir 4 , . 41 ill Legend Dune Protection Moan HO Water Line 7 Contour, GLO 2010 Contours ' BEG Snore! ne Change PPM In Feet per Year — BEG Projected 2063 Shorerine - Line of Vegetation (1.01f) .0.1 200' City Erosion Line 300County Erosion Lino — 400' Dune Protection line GLO Contours 2010 Contours in Fee! - 20 OM II] r1 ! BeachAccess Col -actor Existing •■•0000 Coileclor Proposed Beach Access Rd Existing Beach Access Rd Proposed Rural Arte not r Mllepoint Markers Mitgation Opportunities #1 Ra n ked Mitigation Areas CITY LIMITS Parks Gulf of Mexico Beach Vii1dth 29 S 4 HOLT h•r rrawN Ma GE SEAGULL CONGO t s .. i bac r- 0 0 `0 0` 0 0 .0 0~ 0 0 O 0. 6 r 0 200 400 800 1,200 1, 600 �- Feet V:nn,�y b,,. 41_:711 run r,Y Lf'CIr,.},s+r' re'i Hr Kfll I1..xv 00,1.4,. SrN.rn %AD ,G@ 3 NraYFlaa. is 6C0-iN MmWs 0,44 O Dv. -004114 ANNIN4 rWNtS Rl 11? +O 1 S al»r.41 I $01,1611 l e.►►.�tis City of Corpus Christi U176R;191QN It6dP0htlE PLMr;r1P. 11x11,,pi1n {nxp is b 0 'r 0 . 'r Legend Dune Protection Mean High Waier Line 2" COrit ur, GLO 2010 Contours e BEG Shoreline Change Pants In Feet per Year BEG Projected 2060 Shoreline - Line of Vegetation iLOVj ■� 200' City Erosion Line 350' County Erosion Line • 1000' Dune Protection Line GLO Contours 2010 Contours In Feet — 20 tt� 1 f� t� f I'S II 2 Beach Access - Colltldor Erwin ■�■F■ Collector Proposed Psiell Beach Access Rd E><Issng Beech Access Rd Proposed Rural Arterial r MIlepant Markers Mltgation Opportunities 1 Ranked Mitigation Areas EDCITY LIMITS ETj •4 Parks Gulf of Mexico Beach Yedth 30 -f r • 12J.' . w.r..xr..w. .—.a{1.Tiµ • • 7.k +•J r.rw ;w.. 'to 1 LOCATION MAP p'' ff : 121.131 6'f'1tilt; 16 PAGE LOCATION [1006 0 200 400 800 1.200 1.600 E r.w►.►v City of Corpus Christi .... QbI8 RaippPPES AMONG vr'R+{S W PROGRESS= t9`ER03+9R RS SKINSE.PoOPERP.I tti splen mel to meworm. Noma OrzryS 11•0 !Ky. !tattoo rot 42os rw acryaCum MEP aOinndo owlsMxw Legend Dune Protection Mean High Water line 2' Contour. GLO 2010 Contours a BEG Shoreline Change Points In Feet per Year - BEG Prgeaed 2060 Shoreline • • Line of Vegetation (LOV) ■� 200' City Erosion Line • . . . . 350' County Erosion Line 1000' Dune Protection Line GLO Contours 2010 Contours In Feel 20 t� 15 MEI 1.I teach Access Gokactor Ural Collar Proposed Beech Access Pd Existing Be2Ch ACLeSS Rd Proposed = Rural Arterial r Mliepolnt Markers Mitgation Opportunities FIT] Ranked Mitigation Areas LJ CITY LIMITS Etr� CINI Parka Gull of Memo Beech oft' 31 Comments/Questions 18 AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC) REGULAR MEETING DATE: Tuesday, June 28, 2011 TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call the meeting to order 2. Secretary Armando Chapa calls roll. Board of Directors Nelda Martinez, President Chris N. Adler, Vice President Joe Adame Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Mark Scott Officers Ron L. Olson, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Vacant, Treasurer Constance P. Sanchez, Asst. Treasurer 3. Motion reappointing John Marez, Larry Elizondo, Sr., Priscilla Leal, Nelda Martinez, Joe Adame, Chris N. Adler, Kevin Kieschnick, Mark Scott, and appointing David Loeb as Board Members of CCCIC. 4. Approval of the minutes of May 10, 2011 5. Approval of the financial report 6. Motion authorizing the General Manager or his designee to execute a FY2010 Subrecipient funding agreement between the Corpus Christi Community Improvement Corporation and Nueces County Community Action for $300,000 from the HOME Investment Partnerships (HOME) Program and to execute all related and necessary documents. 7. Public Comment 8. Adjournment —225— MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION May 10, 2011 1:38 P.M. PRESENT Board of Directors Nelda Martinez, President Chris N. Adler, Vice President Joe Adame Larry Elizondo, Sr. Kevin Kieschnick John E. Marez Mark Scott ABSENT Priscilla Leal Officers Ronald L. Olson, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Vacant, Treasurer Constance Sanchez, Asst. Treasurer President Martinez called the meeting to order in the Council Chambers of City Hall at 1:38 p.m. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Martinez called for the motion to appoint Ronald L. Olson as General Manager. Mr. Kieschnick made a motion to approve, seconded by Ms. Adler, and passed. President Martinez called for the approval of the minutes from the July 13, 2010 meeting. Mr. Kieschnick made a motion to approve the minutes as presented, seconded by Ms. Adler, and passed. President Martinez called for the financial report. Assistant Treasurer Constance Sanchez referred to the summary of transactions for eight months ended March 31, 2010 and the fund balance was $17,486,221. The Board had no questions. A motion was made, seconded, and passed to approve the financial report as presented. President Martinez opened discussion on Item 6, motion authorizing the General Manager or his designee to execute a FY2010 Subrecipient Funding Agreement between the Corpus Christi Community Improvement Corporation and Costa Tarragona II for $777,964 from the HOME Investment Partnerships (HOME) Program and to execute all related and necessary documents. There were no questions. Secretary Chapa polled the Corporation for their votes: 6. MOTION AUTHORIZING THE GENERAL MANAGER OR HIS DESIGNEE TO EXECUTE A FY2010 SUBRECIPIENT FUNDING AGREEMENT BETWEEN THE CORPUS CHRISTI COMMUNITY IMPROVEMENT COPORATION AND COSTA TARRAGONA II FOR $777,964 FROM THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM AND TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS. The foregoing motion was passed and approved as follows: Martinez, Adler, Adame, Elizondo, Kieschnick, Marez and Scott voting "Aye"; Leal absent. —226— Minutes — CCCIC meeting May 10, 2011 — page 2 President Martinez called for public comment. There was none. There being no further business to come before the Board, President Martinez adjourned the meeting at 1:41 p.m. on July 13, 2010. -227- ASSETS CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET May 31, 2011 Loan Program Special Project HOME Program Fund Fund Fund Total Cash and investments 1,788,977 28 182,639 1,971,644 Due from U S Govemment/Other Fund 0 240,000 235,000 475,000 Mortgages receivable 9,997,346 0 5,697,310 15,694,656 Investment in property (net of accumulated depreciation) 112,593 21,047 0 133,640 Total assets 11,898,916 LIABILITIES AND FUND BALANCE Liabilities: 261,075 6,114,949 18,274,940 Accounts payable 9,786 0 1,820 11,606 Deposits 59,285 0 0 59,285 Due to other funds 475,000 0 0 475,000 Total liabilities Fund Balance: 544,071 0 1,820 545,891 Reserved for mortgages 9,997,345 0 5,697,310 15,694,655 Reserved for Investments 112,593 21,047 0 133,640 Unreserved 1,244,907 240,028 415,819 1,900,754 Total fund balance 11,354,845 261,075 6,113,129 17,729,049 Total liabilities and fund balance 11,898,916 261,075 6,114,949 18,274,940 -228- CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE TEN MONTHS ENDING MAY 31, 2011 Loan Program Special Project HOME Program Fund Fund Fund Revenues: Total Contribution from Federal Govemment 0 0 577,045 577,045 Interest on loans 45,742 0 9,353 55,095 Interest on investments 475 1 30 506 Miscellaneous 1,657 0 772 2,429 Total revenues 47,874 1 587,200 635,075 Expenditures: Loan processing 119,415 0 617,370 736,785 Miscellaneous 0 4,623 0 4,623 Accumulated depreciation - building 6,310 0 0 6,310 Total expenditures 125,725 4,623 617,370 747,718 Excess of revenues over expenditures (77,851) (4,622) (30,170) (112,643) Other financing sources(uses): Operating transfers in(out): Total other financing sources(uses) 0 0 0 0 Excess (Deficit)of revenues and other financing sources over expenditures and other uses Fund balances at August 1, 2010 Fund balances at May 31, 2011 (77,851) (4,622) (30,170) (112,643) 11,432,696 265,697 6,143,299 17,841,692 11 354 845 261,075 6,113,129 17 729,049 -229- To: Members of the Board of the Corpus Christi Community Improvement Corporation From: Ron L. Olson, City Manager Date: June 16, 2011 Subject: Request fora Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) on June 28, 2011 I am requesting that a regular meeting of the Corpus Christi Community Improvement Corporation (CCCIC) be held during the Council meeting of June 28, 2011, to consider the following: Motion to authorize and execute a FY 2010 Subrecipients funding agreement Motion authorizing the General Manager or his designee to execute a FY2010 Subrecipient funding agreement between the Corpus Christi Community Improvement Corporation and Nueces County Community Action for $300,000 from the HOME Investment Partnerships (HOME) Program and to execute all related and necessary documents. On April 20, 2010, the City Council adopted the FY2010 Consolidated Annual Action Plan (CAAP) for the Community Planning and Development Programs that includes $5,053,793 for the CDBG Program, $1,905,515 for the HOME Program and $148,916 for the ESG Program, totaling $7,108,224. Subsequently, a subrecipient agreement for funds received from the FY2010 HOME program requires CCCIC action and approval with the following agency. FY2010 HOME FUNDING - FOR AFFORDABLE HOUSING PROGRAMS Nueces County Community Action will utilize HOME funds for the acquisition and rehabilitation of a four -unit residential unit located at 3609 Crestbrook Court in the City of Corpus Christi, Texas -230- 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: 82"d Legislative Session of Texas - End of Session Report STAFF PRESENTER(S): Name Title/Position 1. Rudy D. Garza IGR Director OUTSIDE PRESENTER(S): Department Intergov. Relations Name Title/Position Organization 1. Snapper Carr Gen. Counsel Focused Advocacy 2. Shanna Igo Deputy Exec. Director Texas Municipal League BACKGROUND: Every two years, in odd numbered years, the Texas Legislature is called to Session beginning the second Tuesday of January, for 140 days, with the responsibility of passing a two-year (biennial) budget and addressing other business of the State of Texas. The City Council of the City of Corpus Christi passed a legislative program in November of 2010 creating policy direction for our activities during the 2011 legislative session. This presentation will provide a high level overview of the results of the legislature's work during session, the overall impact to cities in general, and our community specifically, and the collaboration that took place with the Texas Municipal League, the "Big City" lobby team and "Big City" Mayors coalition and others, which led to overall positive results during session. REQUIRED COUNCIL ACTION: None PowerPoint Supplemental Information udy D. Garza Intergovernme Nr' Relatio rudyga@cctexas.com 361-826-3082 -233- s Direc End of Session Report 82x Legislative Session of Texas Rudy Garza Intergovernmental Relations June 28, 2011 • ■ • ■ • =IF Legislative Advocacy Model - A Cooperative Effort Texas Municipal League TML Board & Policy Committees (Policy) Exec. Director (Direction) TML Internal Lobby Team — Shanna Igo/Monty Winn (Execution) Big City Lobby Team (Partners) L Arlington ❑ Austin ❑ Corpus Christi ❑ Dallas ❑ Denton El Paso ❑ Ft. Worth ❑ Houston ❑ McAllen ❑ San Antonio ❑ Plano ❑ Sugarland • ■ • ■ ■ ILL 115111 Ll N:11 111 :111 uu n u a u City of Corpus Christi City Council (Policy) City Manager (Direction) IGR Director (Execution) External Lobby Consultant (Focused Advocacy— Snapper Carr/Brandon Aghamalian) City Staff (Support) Legal Utilities P&R Police Fire Finance ■ "Lobbying the Lobby" Coastal Bend Community Cooperation CC Legislative Stakeholders (Partners) u City ❑ County ❑ Port Industries ❑ Port of Corpus Christi ❑ Del Mar College ❑ TAMUCC ❑ Workforce Solutions of the Coastal Bend ❑ CBCOG ❑ Chambers of Commerce ❑ CCREDC ❑ RTA ❑ Corporate Partners Other Advocacy Organizations (Partners) TSFA CLEAT TMRS TAC TLHA TAM TCC TAB GLO TCEQ TWDB Other Interest Groups 2 .m• Special thanks to Senate Delegation Juan Hinojosa Vice -Chair of: Finance Member of: Agriculture & Rural Affairs Criminal Justice Finance Subcommittee on Medicaid Natural Resources Select on Redistricting Transportation & Homeland Security 3/01 /11 Judith Zaffirini Chair -Higher education Member of: Administration Economic Development Finance (S/C on Medicaid) Health & Human Services Select on Redistricting Eddie Lucio Chair -International Relations & Trade Member of: Business & Commerce Finance Government Organization Select on Redistricting State Affairs 3 • Special thanks to House Delegation Connie Scott Member of: Defense & Veteran's Affairs Judiciary & Civil Jurisprudence Local & Consent Calendars 3/01 /11 Raul Torres Member of: Appropriations (Subcommittee on Articles VI, VII, & VIII) Insurance Todd A. Hunter Chair - Calendars Election Contest Member of: General Investigating & Ethics Human Services Redistricting 4 Special thanks to House Delegation (cont.) Jose Aliseda Member of: Criminal Jurisprudence Environmental Regulation Voter Identification & Voter Fraud 6/24/2011 Jose Manuel Lozano Member of: Agriculture &Livestock Energy Resources Rules &Resolutions 5 EL 82d Legislative Session by the Numbers ■ In the 2011 session, lawmakers filed fewer bills than in recent previous sessions. ■ 6,303 bills and proposed constitutional amendments were filed. ■ Compare to 7,609 bills in 2009, and it's a decrease of more than 20 percent. ■ The League tracked almost 1,600 bills that could have affected city authority. ■ November 8 — March 11: 50 bills per calendar day. ■ Last two weeks: almost 3,000 bills filed, with almost 1,000 city -related bills. ■ Last two weeks: 214 per calendar day. Year Total Bills Introduced Total Bills Passed City -Related Bills Introduced City -Related Bills Passed 1993 4,560 1,089 800+ 140+ 1995 5,147 1,101 800+ 140+ 1997 5,741 1,502 1,100+ 130+ 1999 5,908 1,638 1,230+ 130+ 2001 5,712 1,621 1,200+ 150+ 2003 5,754 1,403 1,200+ 110+ 2005 5,369 1,397 1,200+ 105+ 2007 6,374 1,495 1,200+ 120+ 2009 7,609 1,468 1,500+ 120+ 6 • Overall State Budget Analysis A look at the biggest categories General revenue funds, proposed 201243 Total: $86.9 billion Public education: 536.8 billion Other*: 54 billion Health and human services: 5233 billion Higher education: 514.4 billion Public safety, criminal justice: $8.4 billion 'Other includes general government, natural resources, business and economic development, regulatory and the Legislature. Source: Legislative Budget Board Linda Scott ,nlr:fiic aiv r I7 A9.4N State budget proposal ■ 2010-11 D Proposed 2012-13 ( percent change) All funds Total 2010-11: $187.5 billion Proposed 2012-13 (% changed): $172.3 billion (-8.1%) Health and human services Public education Higher education $22.7 billion $21.8 billion (-4.3%) Public safety/ $12.1 billion criminal justice $11.4 billion (-5.3%) $65.5 billion $54.2 billion (-17.2%) 1$53.7 billion $53.8 billion (0.2%) General revenue TataI 2610-11: $88.5 pillion Proposed 2012-13 (% changed): $86.9 billion (-1.9%) Health and human services Public education $? .7 k illinri $23,3 billion (3%) $33.Bbillion $36.8 bii for (9%) Higher education $16.6 billion 514.4 billion (-7,8%) Public safety/ sa.7 billion crimrrial justice r• S&4 billion (-3.89% Other' $7.8biliion • $4 billion (-49%) 'Other includes general govern r11ent, natural resources. business and economic development, regulatory and the Legislature. Source: Legislative Budget Board Linda Scan II'.Isl+ • s.'s.'1' 1'1T 11 i 7 • State Budget — Impact on Cities ■ State Budget reduced by appx. $27B over the next biennium ■ Cities can expect approximately $154 million less than they received in the 2010-2011 biennium. ■ The following appropriations were reduced for the 2012-2013 biennium. Mixed Beverage Tax: ($52 million less) Cuts to Local Parks Grants ($35 million less) Major Events Trust Fund ($25 million less) Cuts to Local Libraries ($30 million less) Homeless Grants: ($20 million less) TCEQ Solid Waste Grants: ($6 million less) Automobile Theft Prevention: ($15 million MORE) 8 • State Budget — Local Impact ■ TAMUCC - $19.2M reduction over biennium 28.75% Cut to Special Item Funding (which will impact Art Museum of STX by $189,360) Funding for continuation of Engineering Degree Plan remained intact ■ Del Mar College - $9 M reduction over biennium ■ CCISD - $25M reduction over biennium ■ 50% budget reduction to Pollution Prevention Partnership (through Rider 8 funding impacted in the TCEQ budget) 9 • Governor's Emergency Items Passed: ■ Voter ID ■ Sonograms for women getting abortions ■ A federal balanced budget amendment ■ Eminent domain protection ■ Tort Reform Failed: ■ Sanctuary Cities Redistricting by the numbers... • Texas gained 4.3 million in the last 10 years; 20.6% population growth since 2000 • Top six populous counties (Harris, Dallas, Tarrant, Bexar, Travis and El Paso) remained in rank position • Houston remains the most_populous city, followed by San Antonio, Dallas, and Fort Worth, which moved past El Paso • Hispanics accounted for 65% of the state's growth (from 6.7 million to 9.5 million) now making up 37% of all Texans • Texas added four more congressional seats during this census, bringing our new number to 36 • Each of the state's 36 Congressional districts required a 698,488 population • State Legislative Districts can vary in size up to 5%; target Senate District population is 811,147 people in each of the 31 Senate districts and 167, 637 in each of the House Districts • Of the 150 seats in the House, 96 were short of population and only 54 had too many residents 11 im Redistricting Impact on Corpus Christi • Total population change since 2000: +8.5% (which lagged state avg.) • 1 less State House Seat (Dist. 33) • Similar Senate District • New Congressional District • Subject to DOJ/Legal Process Review Proposed Congressional District: (SB 4: Special Session) .. i —7 \ tido \ 14.. I is v.iir. 1 Proposed House Districts: (HB 150) FRIO / ATASCCSA * KARNES �f J ~ 1 VICTORIA t ! GOLIAD _.,1� GALHOHN ! ! 5 BEE ' / v) i • LA SALLE MCMLTLI.EN I LIVE OAK REFL GIS_ i I j 351 7.2 L— --- — --- r --J`'-; SAN PATHICiO \ARANSAS/ At / ! r 3:i•-. r..-;,gyp--1 JIM NUE ES 32 / DWISAL WEL r (✓/// KLEBEKG f 42 WERE ZAPATA RIM HOGG BROOKS 43 RENEW( Proposed Senate District wiII r� vi EIE 1 ...C..N. / ---yam1,1111.3 21 0 LI I I i.r.Fr.�c 1T Lr_z ti 2O I r*,n.a •w��. z 1 ,"`x rcrz.ern .a flfi l 0 SB 31) 12 • •L Sunset Review of State Agencies "Sunset is the assessment of the continuing need for a state agency to exist. Sunset asks a basic question: "Do the agency's functions continue to be needed?" The Sunset process works by setting a date on which an agency will be abolished unless legislation is passed to continue its functions. Coastal Coordination Council Public Finance Authority Electric Reliability Council of Texas Public Utility Commission (2013) Department of Information Resources Racing Commission Texas Commission Environmental Quality Railroad Commission (2013) Forest Service Soil and Water Conservation Board Housing and Community Affairs Texas Department of Transportation Texas State Affordable Housing Corporation Water Development Board, Texas Texas Department of Insurance Workers' Compensation Juvenile Probation Commission Texas Youth Commission *AII Agencies were addressed with exception of PUC (OPUC/ERCOT) & RRC 13 • Defense... Defense... Defense.. . ■ Through our partnership with TML, bad bills were successfully killed or amended related to: Appraisal caps/revenue caps Sanctuary cities Elimination of local sales tax on the purchase of ATVs, off-road motorcycles, and golf carts Limit nuisance regulations Homeowners Associations Tree mitigation Digital messaging signs Additional court fees - $5 court fee for indigent defense and legislation that would have increased the state traffic fine from $30 to $45 Broad form indemnity in municipal public works contracts Elimination of annexation authority 14 Corpus Christi Proactive Legislation Legislation Passed: • SB 977 by Sen. Hinojosa (Sp. Rep. Torres) - Relating to the imposition and use of the municipal hotel occupancy tax bycertain eligible central municipalities. Not only did we add Corpus Christi to the list of eligible municipalities, we addressed an AG issue related to how the funds are held in trust which was critical for all communities utilizing thisrovision across the state making the program viable in the long term for a future project in our community. • HB 451 by Rep. Lucio 1111 (Sp. Sen Hegar) - Relating to the creation of a Don't Mess with Texas Water program to prevent illegal dumping that affects the surface waters of this state. • HB 1473 Scott (Sp. Sen. Hinojosa) - Relating to creating the offense of altering a disabled parking placard. Provided Support on: • SCR 5 by Sen. Hinojosa/Rep. Hunter - Requesting the lieutenant governor and the speaker of the house to provide for a joint legislative study regarding the development and economic impact of a cruise industry on the Texas coast. • HCR 68 by Rep. Hunter/Sen. Van de Putte - Requesting the lieutenant governor and the speaker of the house of representatives to create a joint interim committee to study human trafficking in Texas. 15 Corpus Christi Proactive Legislation Legislation Pursued: • HOB 1560 by Rep. Scott (Sp. Sen. Hinojosa) - Relating to the authority of counties to nominate .projects in the extraterritorial jurisdictions of certain municipalities for designation as enterprise projects. (Next Session) We also worked with the Governor's office in the filing of HB 2493 (by Rep. Torres) relating to enterprise project half designations under the enterprise zone program. This bill ultimately got rolled into a Senate version of HB 1560 which died in the last moments of the session. • SB 497 by Sen. Jackson (Sp. Rep. Pickett) - Relating to notice of the construction or expansion of a wind -powered electric generation facility located near a federally owned or operated radar installation or military installation. (Interim Study) • HB 2187 by Rep. Davis - Relating to the imposition of and a limitation on the sales tax imposed on certain vessels. (Interim Study) 16 • Results on other critical issues: ■ Mixed Beverage Tax Amendment to Fiscal Matters Bill...restored local share to 10.7% for 2013/2014 Biennium (Appx. $450,000 in funding to GR and important to both City of Corpus Christi and Nueces County) ■ Red -Light Cameras...dodged another bullet as no bad legislation passed ■ Transportation Reinvestment Zone (HB 563) & Prop. 12 Bond Financing ($3B) legislation was approved ■ Creation of Select Committee on Economic Development ■ SB 350 related to how TMRS invests retiree money was passed which should bring relief to the City in contribution rates by making returns less volatile through the combining of investment funds. A related bill related to how TMRS deals with cost of living adjustments (SB 642) failed to pass. ■ Amended bill dealing with Juvenile Case Managers to preserve our existing municipal court processes ■ Supported a City of Irving measure that will provide a grace period for our Municipal Court system to address any fine discrepancies identified by state auditing process ■ Constitutional amendment expanding gaming in Texas once again lacked support by the legislature and never left committee ■ SJR 4 (Sen. Hinojosa/Rep. Ritter), constitutional amendment providing the Texas Water Development Board with evergreen bonding authority of $6B for water and wastewater infrastructure approved ■ TWIA Reform ■ Constitutional Amendment prohibiting unfunded mandates from to state on local governments (HJR 56) failed to pass out of committee 17 • Corpus Christi Legislative Day at the Capitol ■ Our community held a legislative action day at the Capitol on March 1st, 2011. ■ Meetings held between local elected officials and members of the Texas Legislature, including the Speaker of the Texas House Joe Straus, Lt. Gov. David Dewhurst, and Governor Perry. ■ Recognition of local elected officials and community leaders on the House and Senate floors through a resolution by our local delegation. ■ Our reception hosted by the CC Chamber was one of the best events of the session with over 350 people and various members of the Legislature and countless staff attending. 18 Special Session Issues • Fiscal matters bill (required for budget certification) • Healthcare issues • Sanctuary cities • Secure communities programs • Texas Windstorm Insurance Association reform • Congressional Redistricting Questions?