Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 02/22/2000STAFF BOOK (UNBOUND) DO NOT REMOVE CITY COUNCIL AGENDA c ty of Corpus Chnsti February 22, 2000 AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD FEBRUARY 22, 2000 2:00 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 ~f the audience wi~~ be pr~vided an ~pp~rtunity t~ address the C~unci~ afterthe Presentati~ns sect~~n~ Please speak intothemicrophonelocatedatthepodiumandstateyournameandaddress. Yourpresentation willbelimitedtothreeminutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas de/ Concilio para ayudade. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made. Cm Mayor Samuel L. Neal, Jr. to call the meeting to order. Invocation to be given by Reverend Ned F. Bowersox, Church of the Good Shepard Episcopal. Pledge of Allegiance to the Flag of the United States. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Mark Scott Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa MINUTES: Approval of Regular Meeting of February 15, 2000. (Attachment # 1 ) Agenda Regular Council Meeting February 22, 2000 ge 2 Gm BOARDS & COMMrI'I'EE APPOINTMENTS: (Attachment # 2) Airport Board Arts and Cultural Commission C.C. Convention and Visitors Bureau Board C.C, Regional Economic Development Board Intergovernmental Commission on Drug and Alcohol Abuse PRESENTATIONS: (NONE) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA. 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 podlure and state your name and address. If you have a petition or other information pertain ing to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en la reunidn de la junta para ayudarte. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. 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. CONSENT AGENDA Notice to the Public CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 22, 2000 'ge 3 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 requiting 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 a~ motions, resolutions and ordinances not removed for individual consideration.) Motion authorizing the City Manager or his designee to execute an engineering services agreement with Coym, Rehmet, Gutierrez Engineering, Inc. for a total fee not to exceed $37,306 for the Buckingham Estates Lift Station project. (Attachment # 3) Motion authorizing the City Manager or his designee to execute a construction contract with Malek, Inc. for a total fee not to exceed $224,985 for the Gas Department Gas-Fired Building Chiller Replacement Project. (Attachment # 4) Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the contract for engineering/consulting services with Shiner, Moseley & Associates, Inc. in an amount not to exceed $20,000 for Pre-Planning for Post-Hurricane/Disaster Recovery Operations project. (Attachment # 5) Resolution authorizing condemnation proceedings by the City to condemn fee simple title to: two tracts of land out of Lot 3, Section 8, Bohemian Colony Lands: (a) 30,859 s.f. and (b) 32,978 s.f. and (c) 1,933 s.f. of land out of Lot 5, Section 9, Bohemian Colony Lands, as shown of the attached exhibits A, B, & C, from the owners, Frances Snyder, Individually, and Bryan Lee Holmes and Mark Snyder Holmes as co-trustees of the Paul Snyder Testamentary Trust, to construct street and utility improvements as part of the Kostoryz Road Project and for other municipal purposes. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Februa~ 22,2000 ge 4 10. First Reading Ordinance - Authorizing the City Manager or his designee to execute a five year lease with Bayfest, Inc., to conduct a festival and related activities on the sidewalks, medians, and seawall along Shoreline Boulevard from IH 37 to the Convention Center Complex; the Barge Dock and adjacent bay waters; and the vacant city block bounded by Resaca, Fitzgerald, Chaparral and Water Streets, in consideration of Bayfest paying a one-time $250 permit fee and 100% of the cost of city services for event support, except that in 2000 only Bayfestwiil pay 75% of police overtime costs; giving Bayfest exclusive use of the premises for 4 days and nonexclusive use for 21 days during a set period for each of the five years, as shown in the lease beginning September 18, 2000. (Attachment # 7) First Reading Ordinance - Authorizing the City Manager or his designee to execute a five year lease with Baylest, Inc. for the use of the Grande-Grossman House, located at 1517 N. Chaparral, thewest of 30' by the north 20' of Lot 4, the west of 30' of Lot 5, the east 50' by north 20' of Lot 9, Beach Addition, Block 61, in Heritage Park, Corpus Christi, Nueces County, together with all improvements thereon as their business offices, in consideration of Baylest, Inc. paying a monthly fee of $478. (Attachment # 8) First Reading Ordinance - Authorizing the City Manager or his designee to execute Amendment No. 1 to a fifteen year lease with MDC, Inc. (MDC) authorized by Ordinance No. 023806, which: (a) decreases the premises to 80,134 s.f. fronting Pinson Drive on the west side of the airport, substitutes new exhibits A, B, C, J, and K; (b) increases the initial term by eight months to include construction time; (c) authorizes the sublessee to remedy all defaults; (d) clarifies that MDC'S pollution clean-up liability is limited to pollution it or its sublessee causes; and (e) clarifies the type of environmental assessment to be conducted prior to start of construction; MDC is authorized to sublease the premises to Airborne Freight Corporation under the same terms and conditions. (Attachment # 9) Second Reading Ordinance - Authorizing the City Manager or his designee to execute a fifty-nine year lease with St. James Episcopal School to construct an aerial enclosed pedestrian bridge or skywalk across the Carancahua Street right-of-way between the main school building on the east side and the annex building on the west side of Carancahua Street in consideration of the payment of $940 in rent for CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summan/) Agenda Regular Council Meeting February 22, 2000 age 5 the first four year term, with the rent for subsequent five year terms being adjusted based upon the consumer price index. (Attachment # 10) 11. Second Reading Ordinance - Authorizing the City Manager or his designee, to execute a five year lease with the Lady Lex Museum on the Bay Association ("Museum") to berth the U.S.S. Lexington for its operation as a museum on a portion of the submerged lands patented to the City in January 1924, being roughly bounded by Breakwater Avenue, Bridgeport Avenue, the Breakwater, and the Bay, and a portion of the adjacent beach, as shown on the attached exhibit A, in consideration of the museum paying $1 per year, in advance. (Attachment # 11 ) K. PUBLIC HEARINGS: (NONE) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 12. Motion authorizing the City Manager or designee to execute an amendment to the agreement with the Corpus Christi Regional Economic Development Corporation (EDC) to increase the number of members of the Executive Board from twelve to fourteen by appointing the Mayor and County Judge as ex-officio directors. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute a construction contract with B. E. Beecroft Company, Inc. for a total fee not to exceed $804,000 forthe Discovery Hall Addition to the Corpus Christi Museum of Science and History. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute a contract with EMA Services, Inc. for a total fee not to exceed $124,450 to develop a "Competitive Action Plan" for the Water and Wastewater Departments. (Attachment # 14) Resolution authorizing the City Manager or his designee to execute Amendment No. 1 to the Advanced Funding Agreement with Texas Department of Transportation in the estimated amount of$139,663.74 for construction of the McArdle Road Phase 1 Improvements CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 22, 2000 ge 6 16. (Everhart Road to Weber Road) and associated drainage work. (Attachment # 15) Ordinance amending Ordinance No. 023702 which adopted the FY99- 00 Budget to reduce revenues, expenditures, and the corresponding appropriation for Self-Insurance Fund No. 5410 and increase same for Group Health Insurance Fund No. 5510, by $1,000,000, and adjust the contribution to said funds by other contributing funds accordingly; to transfer $683,121 to Group Health Insurance Fund No. 5510 from other funds; to appropriate $2,041,300 in Group Health Insurance Fund No. 5510 to meet increased Group Health Insurance costs; to authorize the City Manager to make transfers and adjustments within individual funds to implement the above actions. (Attachment # 16) Consideration of Reynaldo Madrigal's appeal of the Cable Communications Commission's ruling of November3, 1999 regarding set times for repeat programming on the Public Access Channel. (Attachment # 17) EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in orderto discuss matters listed on the agenda, when authorized by the provisions of the Open Meetings Act, Chapter551 of the Texas Government Code. 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 officer, Planned Executive Session and Related Action Notice is given specifically that the City Council expects to go into executive session during this meeting regarding the following additional matter: Executive session pursuant to Texas Government Code Section 551.071 to consult with the City's attorney about the City's legal rights and remedies in connection with the Lake Texana Pipeline Project, with possible discussion and action in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 22, 2000 ge 7 19. 20. Executive session pursuant to Texas Government Code Section 551.071 regarding City of San Benito et al v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th District Court, Cameron County, Texas, with possible discussion and action related thereto in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities,' request by Council for information or reports from Staff,' reports of activities of individual Council members and Staff,' constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3:00 p.m., February 18 ,2000. City Secretary Agenda Regular Council Meeting February 22, 2000 ~ge 8 NOTE: The City Council Agenda can be found on the City's Home Page at www. ci.corpus-christi.tx.us after 5:00 p.m. on the Friday before regularly scheduled council meetings. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) City Council Priority Issues Improvement in Delivery of Basic Services - Trash, Brush & Debris in Delivery of Basic Services - Street & Road Maintenance Improvement in Delivery of Basic Services - Park Maintenance Improvement in Delivery of Basic Services - Animal Control Improvement in Delivery of Basic Services - Quality Water Improvement in Delivery of Basic Services * Lighting Expansion of the Bayfront Plaza Convention Center Capital Improvements Bond Issue $ Successful Implementation of Crime Control District Objectives Community Oriented Policing Economic Development Plan Storm Water Utility/Drainage Completion of Airport Improvements Assessment of Street Needs (Planned Street Program) Northside Plan Additional Golf Course Youth Crime Initiatives O Environmental Compliance t~CDBG Funding Assessment ~Privatizing Services ~_~lmprovement of Citizen Response System Creation of a "Development Center" Residential Communities Involved in Park Development Bayfront Development Plan MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 15, 2000 12:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Rex A. Kinnison Betty Jean Longoria John Longoria City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ram6n ABSENT Dr. Arnold Gonzales Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Father Mark Haas, Holy Trinity Orthodox Christian Church, following which the Pledge of Allegiance to the United States flag was led by Council Member John Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of February 8, 2000. A motion was made and passed to approve the minutes as presented. Mayor Neal announced the following executive sessions: pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi v. Manhattan Construction Company et al, No. 94-6459-A, 28~h District Court, Nueces County, Texas; · pursuant to Texas Government Code Sections 551.071 and 551.072 regarding purchase, exchange, lease, or value of the Frost Bank Building on Leopard or other real property for a city emergency operations center and other city operations, with possible discussion and action in open session; · pursuant to Texas Government Code Sections 551.071 and 551.072 regarding City of Corpus Christi, Condemnor v. Leona Estes, No. 99-61770-4, County Court at Law No. 4, Nueces County, Texas with possible discussion and action in open session; · pursuant to Texas Government Code Section 551.071 regarding City of San Benito et al v. PG&E Gas Transmission. Texas Corporation et at, No. 96-12-7404-A, 107~ District Court, Minutes Regular Council Meeting Febmary 15, 2000 Page 2 Cameron County, Texas. with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal read the proclamations and then he called for petitions from the audience. Ms. Gall Hoffman, 3442 Paradise Dr., said she is executive director of Associated General Contractors. She commended the Council and staff for their efforts to streamline the budget, adding that she heartily endorses any efforts to encourage economic development in Corpus Christi. Mr. R.F. Hasker, 1813 Wallace, questioned whether staff had provided a report to the Council on statutory lirnitations on the use of sales tax monies for economic development. City Attorney Bray replied that he furnished that report to the Council on October 12, 1999. Mr. Hasker added that while the Council members received new chairs, the city cannot afford to finish a playground. He questioned the idea behind building a playground on a median between the northbound and southbound lanes of Shoreline Boulevard. Mr. J.E. O'Brien, 4130 Pompano, said a fact that was left out of the support material for Item I2 on the day's agenda was that the Corpus Christi Taxpayers Association was one of the main reasons for the formation of the industrial district. Mr. O'Brien also discussed delays that have occurred in producing the Comprehensive Annual Financial Report (CAFR). He said that under the law the city was supposed to have the CAFR published by about November 29, 1999. He questioned what is happening in the Finance Department and ~vhether the Council will take any actions to correct the situation. Mr. Leon Perez, 904 Buford, said Central Power and Light is going to make the ratepayers pay for their mistakes, and he criticized Brown & Root Company. Mr. Foster Edwards, 118 Alta PlaTa~ CEO of the Corpus Christi Association of Realtors, said they recognize that the upcoming city budget process will be difficult. However, their organization wishes to support the Council, particularly in their efforts to promote economic development. Mr. Abet Alonzo, I701 Thames, said the city is not growing because it is not willing to pay the price for growth. He said the Council needs to be united--not divided--in its efforts. Mayor Neal called for consideration of the consent agenda (Items 2-9). Council members and audience members requested that Items 4 and 7 be withheld for discussion. City Secretary. Chapa polled the Council for their votes and the following were passed: Minutes Regular Council Meeting February 15, 2000 Page 3 2. M2000-043 Motion approving the purchase of thirty-eight computers from Compaq Computer Corporation, Houston, Texas to be used by the Central Library in accordance with the State of Texas Cooperative Purchasing Program for a total of $53,960. Funds are available through a Telecommunication Infrastructure Fund (TIF) grant. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. M2000-044 Motion approving a supply agreement with Calgon Corporation, Pittsburgh, PA, for approximately 180 tons of liquid cationic polymer solution in accordance with Bid Invitation No. BI-0046-00 based on low bid, for an estimated annual expenditure of $142,200. The term of the supply 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 his designee. The Water Department will use the chemical for water supply treatment. Funds have been budgeted for FY99-00. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 5.a. RESOLUTION NO. 023941 Resolution authorizing the City Manager or his designee to execute a supplemental environmental project agreement with the Texas Natural Resource Conservation Commission, which will provide a contribution of $350,000 from Koch Industries Inc., for the purchase of an ~'Emergency 1" hazardous material response vehicle. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria. and Scott voting "Aye"; Gonzales absent. 5.b. ORDINANCE NO. 023942 Ordinance appropriating $350,000 received from Koch Industries Inc. in Account No. 1050- 00000-20-806091, TNRCC-SEP Account, to purchase an "Emergency 1" hazardous material response vehicle. An emergency was declared and the foregoing ordinance passed by the following vote: Neat, Colmenero, Cooper, GarretL Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. Minutes Regular Council Meeting February t 5, 2000 Page 4 5 .c. M2000-046 Motion approving the purchase of a hazardous materials response vehicle from the Houston- Galveston Area Council of Governments (HGAC), for the total amount of $350,419.50. The award is based on the cooperative purchasing agreement with HGAC. The hazardous materials response vehicle will be used by the Fire Department. Funds are available through a Texas Natural Resource Conservation Commission grant. The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria. and Scott voting "Aye"; Gonzales absent. 6.a. RESOLUTION NO. 023943 Resolution authorizing the City's Fire Chief to execute an amendment to an existing supplemental environmental project agreement with the Texas Natural Resource Conservation Commission that will provide an additional $150,000 to be contributed by Koch Industries Inc. to purchase site-specific alerting device systems for at-risk areas in and around chemical industries in the Corpus Christi/Nueces County area. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria. J. Longoria, and Scott voting "Aye"; Gonzales absent. 6.b. ORDINANCE NO. 023944 Ordinance appropriating $150,000 received from Koch Industries Inc. and $304.07 of interest in Account No. 1050-00000-806090, TNRCC-SEP account, to purchase site-specific alerting device systems for at-risk areas in and around chemical industries in the Corpus Christi/Nueces County area under the Corpus Ckristi/Nueces County Local Emergency Planning Committee' s emergency response and communications during hazardous material incidents program. An emergency was declared and the foregoing ordinance passed by the following vote: Neat, Colmenero, Cooper, Garrett, Kirmisom B. Longoria, J. Longoria, and Scott voting '~Aye"; Gonzales absent. M2000-048 Motion authorizing the City Manager or his designee to execute an engineering services agreement with Urban Engineering for a total fee not to exceed $161,780 for the odor control improvements at various lift stations (Wooldridge Road, Williams Drive, Everhart Road/Staples Street, Country Club Area): the Laguna Madre Wastewater Treatment Plant; and the Allison Wastewater Treatment Plant: and for the rehabilitation improvements at the Allison Wastewater Treatment Plant. Minutes Regular Council Meeting February 15, 2000 Page 5 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longofia. J. Longoria, and Scott voting "Aye"; Gonzales absent. 9.a. M2000-049 Motion authorizing the City Manager or his designee to accept a grant in the amount of $348,509 from the U.S. Department of Justice-Bureau of Justice Assistance for funding eligible under the FY 2000 Law Enforcement Block Grants Program and to execute related documents. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 9.b. ORDINANCE NO. 023945 Ordinance appropriating $348,509 from the U.S. Department of Justice, Bureau of Justice Assistance in the No. 1050 State/Federal Grants Fund to purchase marked vehicles and law enforcement equipment for the Police Deparmaent; authorizing the transfer of $38,723 from the No. 6010 Law Enforcement Trust Fund and appropriating it in the No. 1050 State/Federal Grants Fund as the grant match. An emergency was declared and the foregoing ordinance passed by the following vote: Neat, Colmenero, Cooper, Garrett, Kinnison, B. Longoria. J. Longoria, and Scott voting "Aye": Gonzales absent. Mayor Neal opened discussion on Item 4, purchase of technical support services. Mr. J.E. O'Brien questioned the need for those technical support services. He said the agenda support material on March 24, 1998, stated that the price for the contract with Arthur Andersen includes the provision for training services for city staff to use the PeopleSoft system. He said staff needs to have accurate financial information, particularly as they prepare for a new budget process. Mr. Ogilvie Gericke, Acting MIS Director, replied that this contract with Oracle Corporation is just for database management. During the one-year contract, Oracle will provide the city with 24- hour telephone, Intemet and technical support, as well as upgrades, maintenance of leases and other electronic services. City Secretary Chapa polled the Council for their votes as follows: 4. M2000-045 Motion approving the purchase of tecknical support services from Oracle Corporation for a total annual cost of $34,920. The term of services will be twelve months and includes Minutes Regular Council Meeting February 15, 2000 Page 6 software license and services for Oracle database. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. Mayor Neal opened discussion on Item 7, Padre Island pumping plant improvements. Responding to Council Member Garrett, Mr. Angel Escobar, Director of Engineering Services, said that at the time of the bid opening, three of the bidders did not include an item requested in the bid proposal and a fourth bidder also did not have a complete submittal; consequently, all four bids were considered to be irregular. Subsequently, all bidders submitted the necessary information within the required five days, and Bracco Construction was the low bidder. City Attorney Bray said staff studied this issue at great length and determined that the Council has the discretion to accept the Bracco bid. City Secretary Chapa polled the Council for their votes as follows: 7. M2000-047 Motion authorizing the City Manager or his designee to execute a construction conlract in the amount of $306,650 with Bracco Construction Inc. for Phase 1 of the Padre Island Pumping Plant improvements: ground storage tank installation project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria. J. Longoria, and Scott voting "Aye": Gonzales absent. Mayor Neal referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 10. Case No. 0100-04. King's Crossing Realty: A change of zoning from an "R-2" Multiple Dwelling District to an "R-1C" One-family Dwelling District on King's Crossing Unit 1, Phase 1, Block 28, Lot 1 and Block 39, Lot 1, located approximately 400 feet south of Lens Drive and 400 feet west of Cimarron Boulevard. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R-1C' District. No one appeared in opposition to the zoning change. Mr. Colmenero made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023946 Amending the Zoning Ordinance upon application by King's Crossing Realty by changing Minutes Regular Council Meeting February 15, 2000 Page 7 the zoning map in reference to Lot 1, Block 28, and Lot 1, Block 39, King's Crossing Unit 1, Phase 1, from "R-2" Multiple Dwelling District to "R-1C" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett and Gonzales absent. Mayor Neal referred to the presentations on the day's agenda. The first presentation, Item 11, was regarding the bond issue 2000 program and process. City Manager Garcia explained that the proposed bond issue consists of about $100 million that will be presented to the voters in November 2000. He noted that about half of the bonds will be sales tax supported and the other half supported by ad valorem taxes. He said the Council has received a presentation on the sales tax portion, which is proposed to fund a multi-purpose arena and repairs to the seawall. Deputy City Manager Noe utilized a computer presentation to discuss the ad valorem tax supported bond proposal. He reviewed the history, of this bond program, which consists of the following: streets-S30.6 million; public health and safety-S9.8 million; public facilities-S1.7 million; and park and recreation-$10.9 million, for a total of $53 million. Mr. Noe then reviewed each of the projects in the bond program and he and other staff members responded to Council members' questions. The projects are as follows: #1-new fire station at Yorktown and Rodd Field at the Cayo del Oso; #1 A-a new 24-hour modular fire substation to be constructed on Mustang Island; #2-a new animal and vector control facility at the City Service Center on Holly Road; #3-four police substations throughout the city; #4-ADA and other improvements at city fire stations; #5-Phase 1 of a combined fire/police public safety facility; #6- reroofing the Health Department building; #7-renovate existing senior and recreation centers; #8- development and improvements to five city-wide youth sports facilities; #9-improvements to the HEB public tennis center pavilion; #10-renovation and development of 19 neighborhood parks. Additional projects are: # 11 -addition and renovation at the Northwest Branch Public Library; # 12 -museum fire suppression system; # 13 -museum heating and air conditioning control system; # 14- sidewalk accessibility improvements (ADA); #15-17-instatlation of 20 new traffic signals at congested and high-accident locations, and modernization and coordination of 20 existing wood pole signals; and # 18-21-city participation in Texas Department of Transportation projects. Street projects include neighborhood street reconstruction ($4.8 million); street overlays ($5.02 million); and improvements to area streets ($10.9 million). 7 Minutes Regular Council Meeting Febmary 15, 2000 Page 8 Mr. Noe said that additional projects that have been identified by the Council include improvements to Cliff Maus Drive ($2.1 million); a nine-hole golf course addition at the Oso Golf Course ($1.35 million); and improvements to Home Road from Kostoryz to Crosstown. Following additional comments by Council members, City Manager Garcia said that a few months ago staff presented two options to the Councii--a $40 million bond issue and a $53 million bond issue. He said the Council directed staff to proceed with developing a $53 million package, and staff believes that the package they are presenting meets the highest priority needs in the community with the guidelines set by the Council for a reasonable property tax increase. Mayor Neal said that for the most part the projects presented by staff do not commence construction for another three to four years. He noted that the Council has heard many complaints about the delay in completing the 1986 bond program. A discussion followed about building a modular fire station on Yorktown Boulevard and related costs. The Mayor then discussed specific funding amounts associated with a proposal he was making for a three-year bond package that would result in projects being constructed by the end of 2003, which totals approximately $23 million (about $14 million in the first year and about $9 million in the second year). Mr. Garcia replied that staff will need to review the Mayor' s proposal. He referred to a chart illustrating projected tax rates for debt service for a $53 million bond issue. Mr. Garcia noted that the city has virtually no debt capacity until 2004-05, which is part of the reason staff backloaded the bond issue the way they did. Council Member Kinnison said he had a philosophical problem with asking the taxpayers to vote for something that wiI1 not be constructed until 2005, 2006, or 2007. He said he would prefer considering a package of projects that can be completed in three years and which are affordable, which means that the projects will have to be prioritized. Council Member Colmenero echoed Mr. Kirmison's comments about the need for a shorter-term bond package, which affects citizens' trust in the Council that they are able to deliver services. Mr. Garcia said staff can bring back a list of projects that can be completed or under substantial construction in 36 months. However, he noted, the list of projects will be substantially smaller and will have a greater impact on the ad valorem tax increase, which he and Mr. Noe explained. A discussion ensued. Council Member Betty Jean Longoria commented about the importance of long-term planning, particularly for future Councils. Council Member Cooper said she did not want the bond package to fall because it is too ambitious. and she asked staff to explain what the effect would be on the average taxpayer with staff s proposed program versus a scaled-down program. Council Member John Longofia pointed out that there is an additional 1/Sth cent sales tax that is available. Mr. Garcia urged the Council to keep in mind that the city will be obligated to continue paying for the officers and civilian personnel that have been hired as part of the Crime Minutes Regular Council Meeting February 15, 2000 Page 9 Control District. He suggested that anything they do additionally not add to that burden but go straight into facilities and assets. Council Member Scott said that at some point the city needs to find a way to fund economic development endeavors, such as a I/8th cent tax. Mr. Kinnison commented that the city also has an ad valorem tax that is connected with operating and maintenance costs and future Councils will be under pressure to raise tax rates to meet General Fund costs. Mr. Colmenero reiterated the need to reevaluate and prioritize the projects so the voters can support them. Mayor Neat called for a brief recess. Upon reconvening, Mr. Noe reviewed staffs suggestions regarding the schedule of activities in preparation for the bond election on November 7, 2000, including joint meetings with other governmental jurisdictions and town hail meetings. He said that after those meetings, the Council could in April and May finalize the general obligation bond package, the arena sales tax proposal, and the seawail sales tax proposal. Following that, a citizen campaign committee could begin working to promote the election. He also discussed the requirements regarding formalizing the election and establishing the ballot language. He added that staff will provide information on a smailer-scaled bond package in a few weeks. The second presentation, Item 12, was an overview of industrial districts and their associated contracts. Mr. Utter explained that industrial districts are an agreement between a city and an industry not to annex that industry.. He explained the history of the formation of industrial districts in 1981-82, when the City Council and certain industries (those located along the port and in the northwest) negotiated a master industrial district agreement. Mr. Utter said the original industrial district contracts contained the following elements which have remained basically constant with each renewal term: industry was protected from annexation for seven years; no zoning, building inspection, or platting requirements were enforced against the industry (although a plan for water, sewer, and drainage was required); the industry paid for city utilities at outside-city-limits rates; the industry was required to make payments in lieu of taxes to the city, which he explained; and the industry had to be a member of the Terminal Refinery Fire Company or make an additional payment to the city for fire protection. Mr. Utter explained that in November 1994 the Council approved a renewal of the industrial district agreements with a number of changes as follows: the term of the existing agreement is 10 years rather than seven years; while the 100% of land value was maintained, the cap on improvements was increased from 50% to 60%; the phase-in period was increased to 6% for years one and two, 7% for years three and four, and 8% per year up until it reaches 58% and then 2% at the end; and the industries are required to buy local services wherever possible. In addition, a contamination clean-up and buffer zone provision was added, whereby an industry located in a Minutes Regular Council Meeting February 15, 2000 Page 10 contaminated area monitored by the Texas Natural Resource Conservation Commission must agree to remediate their contamination in accordance with all applicable taws. Also, the agreement stipulates that the calculations of payments in lieu of taxes shall be made without reference to the exemption for pollution control equipment. The Assistant City Manager then reviewed charts comparing market and taxable values of the industrial district from 1993-99; taxes billed from 1993-98; and the total valuation of the district, the value subject to tax and the taxes collected from 1983-99. He added that currently there are 64 industrial district agreements with a 99.76% tax collection rote. Mr. Utter said the industrial district agreements are mutually beneficial to both the city and industries. Council Member John Longoria suggested that the city establish a dialogue with the port industries to discuss issues related to the city. Mr. Utter replied that staff has discussed the possibility of scheduling meetings with some of the larger local industries, maybe on a monthly basis. Council Member Scott said the Council also wanted staff to initiate meetings with industries on a corporate level to indicate the city's desire that they not only remain in Corpus Christi but that they also expand their services. The third presentation, Item 13, was an update on employee group health insurance. Mr. Pat Alba, Director of Risk Management, explained that the city had been self-insured from the early 1980s until March 1996, when it entered into a contract with Humana Insurance for three years. Last year the city went out for proposals and the decision was made to return to a self-insured program. Mr. Alba said the contract that was approved (on February 9, 1999) with Spohn Health Network included a four-year guarantee of provider fees, which is different from a fully insured program where premiums are fixed. Mr. Alba said the number of people currently insured are 3,161 employees; 500 retirees (plus 50 retirees who are utilizing a Spohn Medicare supplement program); and about 45 employees utilizing COBRA benefits. A total of over 8,000 people and their dependents are covered. Mr. Alba then reviewed changes to the city's self-insured program: development of the "Citicare-Basic" plan for uninsured dependents; implementation of cost-containment measures for prescription benefits; recommended premium increase for March 1, 2000; and development of a five- year financial plan. Mr. Alba also discussed the pros and cons of a self-insured program. The pros include a four- year guarantee of provider fees; a four-year contract for administrative fees with Entrust; ability to stabilize costs over the four years; city control of the design of the health program; and a delay of the premium increase from March 1999 to August 1999. Some of the cons with a self-insured program are that the city assumes the liability of claims costs; there is a smaller hospital network (since the Columbia network is not included); and the nationwide Humana network is no longer l0 Minutes Regular Council Meeting February 15, 2000 Page 11 accessible. The pros of a fully insured program included premium payments only with no claims liability; and a larger local and nationwide network. The cons were that them was only a one-year contract available with no future commitment; and the program was administered and controlled by the carrier. The Risk Management Director examined the issue of rising proscription costs, winch he said probably began occurring under the fully insured plan with Humaria. However, since the city was only obligated to pay the premittrns, attention was not given to every specific cost in the program. Mr. Alba pointed out that in 1995, 60% of prescriptions utilized were generic, winle that figure is now 14%. He said the average cost for brand name prescriptions is $50 and the average cost of generic prescriptions is $11; in addition, the number of prescriptions increased from 45,000 in 1995 to 90,000 today winle the insured group only grew 15%. Mr. Alba further explained that brand name medications are now being aggressively marketed and the number of older members of the insured group is increasing. He added that the prescriptions are a separate cost that does not involve Spohn or the physicians in the Spolm network. Council Member John Longoria said the main reason for the increase in the use of brand name prescriptions is because employees only have to pay $10 for them, winle there is no charge for generic prescriptions. He said the Council approved such a benefit-rich health insurance plan. Mr. Alba pointed out that those co-pays have been in effect since 1994. Council Member Garrett said the proposed change in the prescription costs--S5 for generic and $30 or 30% for brands--will have a tremendous effect on many employees, especially retired employees. He suggested that staff fmd a way to phase in that increase, and he agreed that employees should be encouraged to talk to their physicians about the possibility of using generic medications. City Manager Garcia commented that the city takes better care of its retirees than its active duty employees. He explained that the cost to maintain health insurance and prescriptions for the retirees is subsidized by the entire active duty force of the city. He said most other organizations that have similar programs differentiate the retiree pool from the active duty. pool because the heavy users of health insurance and precription drugs are the retirees. In response to Mr. Garrett's concern about the proposed drastic increase in prescription co- pay amounts, Mr. Alba said that traditionally co-pays would have gradually increased from $10 to $15 to $20 and now to $30; however, the city chose to delay that increase and now there is no choice but to increase it. Mr. Garcia pointed out that the city is merely recovering the actual, out-of-pocket costs and it is in a deficit situation at this time regarding health insurance costs. Mr. Alba added that if there is a mininaal difference between brand and generic prescriptions, the employees will probably continue to use brand prescriptions. Mr. Alba went on to say that during open enrollment last month, some employees informed staff that they had prescriptions ranging from $700 to $1,000 per month. which is an unusual circun~stance. He said staff has worked with Entrust to establish a way for the physician to indicate Minutes Regular Council Meeting February 15, 2000 Page 12 that a particular medicalion is the only one available. Entrust and the pharmaceutical company will verify that information and the employee will pay a $30 co-pay versus 30% of the cost. In his computer presentation, Mr. Alba referred to a comparative analysis of the self-insured plan with the fully insured Humana plan. He noted that the plan year runs from March I, 1999 to February 29, 2000, which overlaps the city's fiscal year of August 1, 1999 to July 31, 2000. The projected cost for the self-insured plan for the last year is $12,372,067, while the cost of the Humana plan is estimated to have been $12,332,483. He said the self-insured plan would have done very well if the prescription costs had not gotten out of control. For example, the prescription cost under the self-insured plan was estimated to be $1.5 million while the actual projected cost is $2.46 million. Council Member Cooper said she voted against the Spohn proposal last year because, under the fully insured program, the city would not have been liable for claims. Mr. Alba noted that if claims had increased, Hamana would have increased premiums. Ms. Cooper expressed concern about the proposed 25% increase in premiums under the self-insured program. Mr. Alba explained how staff determined the amounts it used for comparison purposes. Ms. Cooper also said the requirement of a doctor's letter for a brand prescription is cumbersome. Mr. Longoria said that with either plan the city and its employees would have faced an increase in costs. Responding to a question from Mr. Longoria, Mr. Alba explained how staff determined that prescription costs were experiencing a rising trend. He added that some health insurance programs utilize formulaties, which is a list of medications approved for use by the insurance company. He said the most drastic step the city could take regarding prescriptions would be to incorporate a formulary. A brief discussion ensued. Cotmcil Member Colmenero expressed concem about the number of employees who utilize Medicald, and he addressed the prescription situation. Mr. Alba stated that during open enrollment, city staff encouraged employees to discuss their prescriptions with their physician, since a physician can change a prescription but a pharmacist cannot. He acknowledged that 30% of medications are not available in generic form but the city can continue to educate and encourage employees to utilize generics whenever possible. He added that Entrust will provide weekly reports on the usage of brand and generic medications, which staff will monitor closely. Council Member Kinnison referred to copies of the Council meeting minutes from January and February 1999 when the Council was considering which health insurance program to select. He said the Council was told that by selecting the self-insured program, it will result in a $1 million fund balance on July 31, 1999. However, according to fmancial statements there is a $900,000 difference, which he said must be claims paid out by July 31st. Mr. Alba replied that claims are paid by most companies over a six-month period (longer in some cases). When the contract was approve& Entrust immediately began paying claims in March 1999; they were caught up by June I999 and have remained current. He said staff had projected that there ~vould be a lag in Entrust paying the claims, which would have created the fund balance 12 Minutes Regular CouncilMeeting February l5,2000 Page 13 originally anticipated by staff. Mr. Kirmison said the claims would get accrued on July 31 st because they were a liability if the services had been rendered. Mr. Rudy Garza. Assistant Budget Director, said that staff budgets on a cash basis so they would not recognize an accrual. Mr. Joe Montez, Budget Director, commented on the difficulty in getting accurate numbers because of computer problems. Mr. Alba added that the premium increase was deferred from March 1, 1999, to August I, I999, and he discussed how Entrust and Spohn validate claims. Mr. Kinnison asked how the FY 1999-2000 budget is going to absorb the proposed increase in premiums. Mr. Garcia referred to the Group Health Insurance Fund financial statement, saying that staff is proposing some internal loans and fund shifts that should address both the shortfall this year as well as FY 2000-01 without having to go outside the fund. Mr. Kinnison asked what will happen to the General Fund and the Utility Fund. Mr. Garcia replied that there will not be an impact on the operating budget but there is an impact on the Self-Insurance Fund. He said their proposal has been reviewed by both the Finance Department staff and the city's outside auditors. Responding to Mayor Neat, Mr. Alba discussed the plan's restrictions on pre-filling prescriptions. He added that the plan also has an offset for Medicare, which he explained. He noted that Medicare does not have a prescription drug benefit, while the city continues to offer that benefit to its retired employees. The Mayor said that at some point they need to look at how they determine the costs for employee and dependent care coverage beyond age 65, particularly with regard to prescription drug utilization. Mr. Garcia said staff can determine prescription utilization by groups. He added that he thinks the city would have been worse off this year had they stayed ~vith the Humana plan. Deputy City Manager Noe discussed the current fiscal year financial statement, which compared the adopted budget to the revised budget in terms o f current revenues, rate increase impack expenditures (third party. administration, provider network. stop loss, and claims), other benefit costs and administration, and the resulting ending fond balance. He said staff is proposing to reallocate $1 million from the Self-Insurance Fund to the Group Health Insurance Fund; implement recommended plan changes regarding the prescription co-pays and the premium increases: and consider future plan and benefits options, such as single-vendor contracts for prescriptions, continued premium rate increases as warranted, retiree insurance options, and other cost-containment efforts through the maintenm~ce of accurate data. Mr. Noe added that stuff has had discussions with the outside auditors about the potential of combining the Self-Insurance Fund and the Group Health Insurance Fund. He said many communities have their entire risk pool in one fund, as opposed to being segregated into two funds. Mr. Noe further discussed the Group Health Insurance Fund financial statement~ noting that staff is assuming 10% annual growth in claims costs and 5% growth in administrative costs. He said that in FY 2000-01, staff is proposing a reallocation of $827,441 from the Self-Insurance Fund to the Group Health Insurance Fund, which will enable the city to defer any change in premiums next year. He said if those assumptions hold true, staff is predicting that premiums will have to be incrementally increased by 7% for three consecutive years. Mr. Garcia pointed out that those actions Minutes Regular Council Meeting February 15, 2000 Page 14 will establish a fund balance of about $1 million, which should address any future anomalies. Responding to Mr. Kindson, Mr. Noe said that in their discussion with the auditors, they will show on the General Fund ledger an accrual of the expenses that were incurred that are attributable to the General Fund from the health insurance program. Mr. Kinnison said the General Fund projected balance for July 31, 1999, has just taken another hit that they did not know about. Mr. Scott asked if staff' s five-year projections included an increase in the number of insured lives each year. Mr. Noe replied that at this point staff had neither the time nor the data to be able to assume changes in number of insured lives. He noted that changes in other employers' plans can affect the number of insured lives on the city's plan. Mayor Neat said if the Council approved staffs proposals, it would result in a 25% premium increase effective March 1, 2000, and there would not be another premium increase until March 1, 2002, which is predicted to be 7%. He said if they did not adopt the premium or co-pay increases, it would affect the fund balance in subsequent years. The Mayor said other options would be to change the plan's benefits (some companies have eliminated prescription benefits) or go back to a fully insured plan. Mr. Coimenero said the use of a formulary would not be beneficial to the employees, and he added that this proposal is a "band-aid" solution, which he explained. Mr. Garcia reiterated staffs proposals, pointing out that they believe those measures will stabilize the costs. ~Mr. Kinnison suggested that Mayor Neal's options be put in writing and presented to the Council. He added that they are focusing on what the employees will have to bear with a cost increase, but it also affects the city,, since the city pays a large part of the cost. Mr. Kinnison and Mr. Garrett commented on the many benefits the city's plan offers, and Mr. Garrett said staff needs to continue to do what they can to fine-me it. Mrs. Longoria said the Council members have a responsibility to answer employees' questions and concerns about the proposed increases. Mayor Neat asked staff to bring back the options for the Council 's final approval next week. Mr. Garcia said they will do that. He pointed out that state law requires that changes to the health insurance plan be filed by the plan administrator, who is Mr. Garcia. Mayor Neal called for the City Manager's report. Mr. Garcia said several city departments-- including the Police Department, Health Department and Building Inspections--had expressed concern about the Good Samaritan tent encampment. He said the encampment was the result of an increase in the number of homeless people coming to Corpus Christi to escape inclement weather. He said Mr. Utter negotiated an agreement with a representative of the Good Samaritan Center, whereby the center agrees to voluntarily close the encampment by March 1, 2000. He said the city has agreed to work with the center along with the Homeless Issues Partnership over the next several Minutes Regular Council Meeting February 15, 2000 Page 15 months to prepare for this situation next winter. Mr. Garcia said staff completed the repairs on the Mary Rhodes Pipeline but they have identified some wet areas in the same area of the leak and they are investigating the situation. He said that next week the Council will be discussing privatization and construction at the airport, among other items. Responding to Mayor Neai, City Secretary Chapa said that next week the Council will make appointments to the boards of the Economic Development Corporation, Convention and Visitors Bureau, Airport Board, Arts and Cultural Commission, and the Intergovernmental Commission on Drug and Alcohol Abuse. Mayor Neal asked the Council' s Administrative Analysis Committee to take on the charge of audit oversight. The committee consists of Mrs. Longoria. Mr. Kiunison, Mr. Longoria. and Mr. Scott. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:07 p.m. on February 15, 2000. AIRPORT BOARD - One vacancy with term to 4-04-02. COMPOSITION 10 members appointed by the City Cotmcil for three-year terms. All members shall serve for three-year staggered terms. Members must be residents of Corpus Christi. MEMBERS TERM ORIGINAL APPTD. DATE Abel Alonzo 4-04-02 4-27-99 Ramiro Gamboa 4-04-01 4-14-98 Mark Meyer 4-04-00 10-13 -98 Jerry Kane, Chairman 4-04-02 4-27-99 J. E. Rehler 4-04-01 4-14-98 Jorge Rangel 4-04-02 4-27-99 Ed Hicks, Sr. 4-04-00 2-16-99 Nelda Martinez 4-04-00 12-14-99 Chuck Cazalas 4-04-01 4- l 4-98 Witlard Hamrnonds, Sr. 4-04-02 4-27-99 Resigned INDMDUALS EXPRESSING INTEREST Robert Broadway 13656 Teague Ln. (H) 265-0813 (W) 289-6000 Manager of Refinery Services, Valero Refining Co. Attended Del Mar College and CCSU, majoring in Business Management. Past President, current member of the Executive Committee and Board of Governors for the United Way of the Coastal Bend. Founding Chairman of the Workforce Development Board. 1999 Humanitarian Award recipient from the National Conference for Community and Justice. (4-27-99) Rodolfo Cantu 6609 Canyon Creek (H) 854-5018 (W) 883-7201 Commtmity Services Director for Nueces County CommunityAction Agency, B.A. in Business, Member of LULAC, United Way Infooline and Project Compass. Coastal Bend Council on Alcohol and Drag Abuse volunteer. (6-23-97) Doyle Dommert - 4625 Schwerin Lake (H) 853-8043 (W) 844-5714 Laboratory & Petrochemicals Manager, CITGO. Corporation. M.S. from Central Michigan University. Board Member of Corpus Christi Education Foundation. (6-23-97) 022200.WPD, page 1 17 David Hayek 7609 Lake Bolsena (H) 850-7771 (W) 242-8008 Grace M. Gonzalez 5225 Fulwell Dr. (H) 884-6696 (W) 888-0804 Joseph B. Jessel 62 Lakeshore (H) 857-6443 (W) 993-6604 Glenn E. Lyons - 13901 CabanaNorth (H) & (W) 949-9799 William M. McGuire - 3838 Marion St. (H) 854-1778 (W) 361-516-6057 Frank "Rocco' Montesano 2101 Riata Dr. (H) 939-9247 (W) 888-4873 Dr. Linda D. Mora 74 Lakeshore Dr. (H) 854-1338 (W) 878-1718 Production Manager for Occidental Chemical Corp., A.A. from Del Mar College, B.S. in Aerospace engineering from Texas A&I University, Board Member Padre Soccer League. (7-3-97) Director of Building Maintenance, Nueces County. MBA, Texas A & M-CC; B.S. in Civil Engineering, Texas A & M-College Station. Member of Texas Society of Professional Engineers, LULAC, Junior League of CC, and Hispanic Women's Network. Graduate of Leadership Corpus Christi, Class XXV. (9-20-99) President, Jessel Enterprises. Attended the University of Texas in Austin. Member of Rotary Club, USS Lexington Museum on the Bay, Coastal Bend Youth City, Driscoll Foundation Children's Hospital. (6-24-97) Area of expertise - Development and marketing. Director of padre Island Business Association Board and Director of the Karen E. Henry Foundation. Served ten years in United States Air Force Security Service, Top Secret security clearance. (2-11-00) Architect, NAS Kingsville. B .A. in Architecture, Louisiana Tech University; Master's degree in Architecture, U. T. Austin. Past president and Executive Board member of the American Institute of Architects (AIA), Corpus Christi Chapmr. Extensive experience in general design/construction/contracts at NAS Kingsville. (12-2 7-99) Executive Director, U.S.S. Lexington Museum. B.S., United States Naval Academy; Master's in Public Administration from St. Mary's University. Member of Convention and Visitors Bureau Interim Board (Chairman of Nominating Committee), Navy League. Associate Professor for St. Mary's University. Has received two Legion of Merit awards. (2-04-00) Principal for Chula Vista Academy of Fine Arts, B.S. from University of Texas in Austin, MS from Texas A&I University, Ed.D. from Texas A&I University, President of Corpus Christi Principals and Supervisors Association, Member of CPP, Leadership Development Committee, State Board of Speech/Language Pathologist & Audiologist, State Board of Texas Bar Exams. Board of Governors for the United Way. (6-19-97) 022200.WPD, page 2 18 Govind Nadkarni 541 McBride Lane (W) 289-0712 James A. Needham 14202 San Felipe (H) 949-7371 (W) 825-2708 Allan Potter P. O. Box 3158 (H) 854-0516 (W) 888-8203 Mary Helen Salazar 41 I3 Eagle Drive (H) & (XV) 854-5535 Wilson B. Stewart 4521Snead Dr. (H) 853-5156 Gonzalo Tarnez 1038 Pyramid (H) 992-4209 (W) 886-2600 Owner, Govind and Associates. B.S. in Civil Engineering, Guajarat University; M.S. in Civil Engineering, University of Southern California. Member of National Society of Professionai Engineers and American Society of Civil Engineers. Graduate of Leadership Corpus Christi, Class 13. Received National Outstanding Businessman of the Year Award from Texas Association of Minority Business Enterprises. (02-03-00) Coordinator of Programs, Texas A&M-Corpus Christi. Serves as a liaison between Texas A&M University System and South Texas business, industry, government, trade organizations and professional groups. B.S. and M.S. in Construction Management; Ph.D. in Architecture. Member of Local Emergency Planning Committee, United Way, Air Quality Committee and North Bay Community Advisory Committee. (01-26-00) Attorney-at-Law, Self-employed. B.A., Baylor University; J.D., Baylor Law School. Member of Texas Bar Association, C.C. Bar Association, Airplane & Pilots Owners Association, National Business Air Association. Holds an Aircraft Pilot License (Multi- Engine & Single Engine Commercial). (4-23-99) Owner, SS Structure, Inc.; Co-Owner, S & S Painting & Drywall Company. Associate's degree in Marketing, Del Mar College. 1999 President of LULAC Cotmcil No. I. Past member of Minority Contractors Council, South Texas Minority Coalition Organization and Hispanic Chamber of Commerce. Current member of Westside Business Association. (02-01-00) Retired, Federal Aviation Administration. B.S. in Business Management. Served as Air Traffic Manager at the C.C. Inter- national Airport and Air Traffic HUB Manager for South Texas (Harlingen, Brownsville and McAllen). Previously served on Airport Advisory Board from 6/95 to 4/98. (5-07-99) Lieutenant, Corpus Christi Police Department, A.A. from Del Mar College, B.A. from Corpus Christi State University, M.A. from Corpus Christi State University, Real Estate Brokers License from the State of Texas, Member of LULAC, served as president for three terms, served as vice-president for two terms, and trustee for two terms. (2-15-99) 022200.WPD, page 3 19 Raul Torres 1505 Cambridge (H) 851-0181 (w) 855-4875 Self-employed, C.P.A. Member of Texas Society of C.P.A.s and volunteers with Head Start. M.B.A. from Texas A&M-CC. (2-17-00) Tommy Watson, Jr. 660 Cantwell (H) 882-2430 (W) 882-5814 Self-employed business owner for over twenty years. Serves on Nueces County Animal Control Board. Active with Bucaraders for seven years. (02-07-00) 022200.WPD, page 4 2O ARTS & CULTURAL COMMISSION - Eight vacancies to represent the following categories: 1- Architecture, 2 - Economic DevelopmentYTourism, 1 - Public Art/Public Space, 1 - Texas A&M-CC, 1 - Del Mar College, 1 - Civic Leader, and 1 - Marketing. (Appointed by the Mayor subject to confirmation by the Council) COMPOSITION 17 members appointed by the Mayor subject to confirmation by the Council for three-year terms to provide advice on beauti~cation and cultural development of the City. The Commission shall represent the following categories: (2) marketing representatives; (2) Economic Development/Tourism representatives; (2) Public Space/Public Art representatives; (2) Youth/Education representatives; and one representative from Music, Visual Art, Dance, Drama, Architecture, Texas A&M University, Del Mar College, Civic Leader, and a Business development group such as the Alliance, and the Hispanic Chamber of Commerce. The mayor may solicit suggested nominations for such appointments from the respective cultural organizations for the non-lay members. The Commission may organize and elect a Chairman atmually and adopt such administrative procedures as are necessary to accomplish its purposes. MEMBERS Deborah Fullerton Ferrigno (Visual Art) * Raymond Gignac (Architecture) * Crystal Lyons (Civic Leader) Victor Martinez (Marketing) Sheila Rogers (Art / Business Development) Van Phan Villa (Dance) Dennis Kemmerer (Education/Youth) E.G. Olivarez (Economic Development/Tourism) Elizabeth Reese (Public Art/Public Space) Chuck Anastos (Public Art/Public Space) George Dunson (Del Mar College) VACANT (Texas A&M University) Joan Moss (Education/Youth George Balli (Theater Arts) * Fernando Benavidez (Economic/Tourism) Brad Kisner (Music) * Lynne Sommers (Marketing) ORIGINAL TERM APPTD. DATE 9-01-01 8-24-99 9-01-99 9-10-96 9-01-01 4-28-98 9-01-00 6-11-96 9-01-00 8-24-99 9-01-01 8-16-94 9-01-01 12-8-98 9-01-99 4-28-98 9-01-00 8-24-99 9-01-99 9-14-93 9-01-99 4-05-94 9-01-99 9-01-00 8-24-99 9-01-01 8-24-99 9-01-00 7-08-97 9-01-01 12-8-98 9-01-00 12-8-98 * Resigned. ** Not seeking reappointment. *** Seeking reappointment. + Has met the six-year service limitation and is ineligible for reappointment. NOTE: The Arts & Cultural Commission is recommending the appointment of the following individuals - Leticia Mondragon (Marketing), Linda Moya (Economic Development & Tourism), and Ram Chavez (Civic Leader). 022200.WPD, page 5 21 ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NAME NO. OF MTGS. NO. THIS TERM PRESENT % OF ATTENDANCE LAST TERM YEAR George Dunson (Del Mar College) 12 8 67% OTHER INDIVIDUALS EXPRESSING INTEREST Linda Avila 15337 Key Largo (H) 949-0586 (W) 825-5746 Dean of Outreach, Texas A&M-CC. Ph.D. and M.A. in Education, U.T. Austin; B.A. in Political Science. Alumniof Leadership Corpus Christi, Class 28. Awarded 1990 and 1991 Presidential Award for Excellence in Teaching. Vice-President of Texas Professors of Educational Administration. (12-23-99) (Qualifies- Texas A & M - CC) Willie Campbell 3130 Seahawk Dr. (H) 851-8729 (W) 289-3271 Occupation: Oil and Refining Industry. Corporate Trustee - St. John's Baptist Church; also a Youth Director and Sunday School Teacher. Enjoys painting and art. Very interested in serving his community. (01-14-00) Ram Chavez 1642 Sandalwood (H) 992-1434 Retired School Administrator. Bachelor's in Music Education, Texas A&I University - Kingsville; M.S. in Educational Admi- nistration, Corpus Christi State University. Member of Veterans Band of Corpus Christi, Mayor' s Committee for Veterans Affairs, Sen. Carlos Truan's committee for Veteran's Affairs and Military Installations. Recipient of 1995 Humanitarian Award from NCCJ and LULAC Leadership Award, 1998. (Qualifies - Civic Leader or Economic Development/Tourism) (05-03-99) Ted Daniel 7709 Lake Bolsena (H) 850-9800 (W) 883-5471 Executive Director, Driscoll Foundation. B.A. in General Business, U.T. Austin. Member of C.C. Chamber of Commerce, C.C. Rotary Club and Corpus Christi Mustangs. (Economic Development/Tourism) (2-17~00) Robert Galvan 5845 OceanDr. (H) 992-6050 (W) 883-4101 Owner, Galvan Music & Ballroom. B.A., Music, St. Mary's University. Member of Sembradores de Amistad, Texas Jazz Festival Society and the Knights of Columbus (St. Pius X Church). One of the founders of the Texas Jazz Festival. (Public Art/Public Space) (2-18-00) Deidra Graves 15426 Fortuna Bay #106 (H) 949-0306 (W) 825-5855 Director of Student Activities, Texas A & M - CC. B.S. in Haman Sciences, M.Ed. in Student Affairs Administration. Education and Professional Development Coordinator for for National Association for Campus Activities. Research interest - service learning and community service among college students. (1-04-00) (Qualifies- Texas A&M-CC) 022200.WPD. page 6 22 Elia Gutierrez 6233 Pebble Beach (H) 852-6779 Jennifer HilIiard 340 Grant Place (H) 857-6034 (W) 825-5904 Harold Hoppenrath 1441 14th Street (H)887-8168 SonyaM. Ibarra 728 Enchanted Harbor (H) 884-1769 (W) 883-9306 dd Jones 728 Enchanted Harbor 884-1769 J. Don Luna 3402 OceanDr.,#29 (H) 854-0778 (W) 825-5988 Taylor Mauck 417 C~alina (H)855-9145 (W)949-8723 MicheleMora-Trevino- 3733 Topeka (H) 854-7330 (W) 883-2287 Retired Educator, CCISD. B.S. in Education, Texas Women's University; M.S. in Mid Management, School Administration, and Bilingual Education Administration. Leadership Corpus Ct~sti Alumni, Class XX. Member of YWCA Board of Directors, Hispanic Women's Network, South Texas Institute of Arts, and Commission Peer Art Sub-Grant Application selection for Municipal Arts. (01-20-00) (Qualifies - Civic Leader) (Currently serving on Senior Companion Program Advisory Committee - willing to resign if appointed) Designer-Associate Architect, Texas A&M-CC. B.A. in Environmental Design, Texas A&M-College Station. Member of American Institute of Architects, Texas A&M-CC Disabilities Council, and Humane Society Auxiliary. (Qualifies - Architecture) (2-09-00) Retired Navy and Postal Service. High School; 1 year college. Volunteer for Naval Hospital. Member of Coastal Bend Council of Native Americans. (3-13-98) Teacher Intern/After School Director, Montessori School. B.A. in Philosophy, Minor: Fine Arts, fi-om Christopher Newport University. Member of the Harbors Homeowner's Association. Has received various arts awards and placements. Fluent in Spanish and German. (05-06-99) CCISD Substitute teacher. B.A. in Fine Arts with VA PK-12 Art Teacher license, Christopher Newport University, Newport News, (H) VA. Member of The Harbors Homeowner's Association and National Teachers Association. Fluent in Spanish. (05-06-99) Associate Professorof Theater, Texas A&M- CC. MFA in Acting and Directing, University of Arizona. Extensive experience acting and directing for theater and film. (01-14-00) (Qualifies - Texas A&M- CC) Project Manager/Architect for Island Arekitects, Degrees from University of Houston and University of San Antonio. Member of American Institute of Architects and Texas Society of Architects. (3-24-98) (Qualifies - Architecture) Customer Programs/Communication Manager, RTA. B.A. in Jounaalism, U.T. Austin. Member of Westside Business Associ- ation, American Society of Healthcare Marketing Professionals and American Cancer Society. Involved with Livable Communities Initiative (LCI) for street and neighborhood improvement projects, each incorporating one or more art mediums. (8-30-99) (Qualifies - Marketing) 022200.WPD, page 7 23 Leticia Mondragon 4002 Brentwood (H) 852 -6417 Mary "Linda" Moya - 4310 Holly Ridge (H) 850-8873 Tom Schmid 2710 N. Shoreline (H) 643-0428 (W) 881-1242 ColinSykes 309Aberdeen (H) 853-7992 Lucia Tones 4710Andover Dr. (H) 993-2816 (W) 994-2314 ZacharyWalter 1705 10th Sueet (H) 881-9661 (W) 886-9338 Public Relations, Community Blood Bank. Serves on Board of Directors for Paisano Girl Scouts and AVANCE. Volunteers as a Mentor for Lamar Elementary. Performs Mexican folklorico dance at local events and schools. Bilingual and likes promoting the culture in South Texas. (01-27-00) (Qualifies -Marketing) Real estate agent. Board member of the Tejano Academy of Fine Arts and and member of LULAC. Has lived in Corpus Christi over 40 years. (02-02-00) Director, Texas State Aquarium. Areas of expertise include education tourism, and science. B.S. in Biology and M.S. in Biological Sciences. Member of the Rotary Club and alumni of Leadership Corpus Christi. (Qualij'tes - Economic Development/Tourism) (01-31-00). Retired. B.S. in Chemical Engineer from University of Birmingham, England; MBA from Rider University. Member of the Texas Jazz Festival Society. (6-23-97) Artist. Currently attending Texas A&M University at Corpus Christi. Member of LULAC, NCCAA Head Start, Texas Association for Chicanos in Higher Education, and National Delegation for Poverty. (6-24-97) CCISD 5th Grade Teacher, Oak Park SES. B .A. in Elementary Education, TAMU-CC. Member ofKappa Delta D. Voluteers with Big Brothers/Big Sisters, Odyssey of the Mind coach and Oceans in Jeopardy coach. Recipient of FAME Award for acting from TAMU-CC. Founder of the 10th Street Theater. (05-20-99) 022200.WPD, page 8 24 CORPUS CHRISTI CONVENTION AND VISITORS BUREAU BOARD - The board shall consist of fifteen (15) members to represent the following groups: 3 - Lodging industry; 2 - Restaurant industry; 2 - Area attractions; 2 - Air/Ground transportation industry; and 6 - Community at Large. For the initial appointments, five members will serve three-year tees, five will serve two year terms and five will serve one-year terms. (Terms to be determined by drawing lots). COMPOSITION Fifteen (15) members selected directly by the City Council. The members shall represent the following groups: 3 - Lodging industry; 2 - Restaurant industry; 2 - Area attractions; 2 - Air/Ground Transportation industry; and 6 - Community at Large. The above members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board. The Mayor and City Manager, or their designees, shall serve as additional non-voting members of the Board. Members shall serve three-year terms on a staggered basis. NOTE: The Interim Convention and Visitors Bureau Board is recommending the following individuals for appointment: At Large - Bill Pruet, Bert Quintanilla, John Trice, Mark Rand, Gary Groesbeck and Yolanda Olivarez*; Lodging - Jody Patel, Bill Morgan and Jim Snow; Attractions - Rocco Montesano and Bill Coin; Restaurants -Brad Lomax and Grace Barrera *; and Transportation - Alex Kovach and Linda Watson *. * Did not submit a resume. INDIVIDUALS EXPRESSING INTEREST Neill F. Amsler 14726 Santa Gemdis (H) 387-8050 Barbara Balmer 6805 S.P.I.D. (H) & (W) 992-9222 Bob Becquet 4133 Pompano (H) 852-7471 President, A1 Hogan Builder, Inc., BS from Miami University, Board Member of "Making the Grade" school program, Victoria Tech Prep, and Calhoun Victoria Foreign Trade Zone. Various single purpose committees, i.e.: Long Range Planning Committee of the Golden Crescent Regional Planning Commission, Victoria Chamber of Commeme, and Transportation Committee. (At Large) General Manager, Red Roof Inn. Associate's degree in Business Administration, MTI School of Business, San Fransisco Bay Area. President of Hotel Motel Condo Association. Has worked in the hotel industry for 11 years. Former member of CVB Board under the Business Alliance. Member of the Coalition of Associations for Economic Development Board. (Lodging) Owner, Jason's Deli. Activities include President of C.C. Restaurant Association, Chairman of Finance Committee for St. Pius X Church, Literacy Council and Chamber of Commerce. (Restaurant) (2-16-00) 022200.WPD, page 9 25 Rosario Cafrizo 702 S. Port Ave. (H) 884-7883 (W) 884-9821 Vangie Chapa 4610 Oso Parkway (H) 808-9460 N. Foster Edwards 118 Alta Plaza (H) 853-0366 (W) 991-8221 Mary Garrett 3538 S. Alameda (W) 225-4500 Bill Goin 15233 Isabella Ct. (W) 949-9116 Guadalupe Gomez 5826 Llano (W) 854-2228 Gary Groesbeck 7828 Lovain Dr. (H) 993-9555 (W) 985-I144 Alex Harris 5926 S. Staples, Ste. A (H) 992-7600 Bill Hardson 214 Bayridge (H) 852-2455 (W) 881-8210 Owner, La Malinche Mexican Food Products. Restaurant Manage- ment Certification, Del Mar College. 1998-2000 President of National Planned Parenthood. Recipient of Y Women in Careers Award in 1995 in Entrepreneurialf independent Business Category. (At Large) Community Partnership Specialist, U.S. Census Bureau. M.S. in Education/Multi-Disciplinary Science, Texas A&I - Kingsville. Former educator with CCISD and Robstown ISD. Member of League of Women Voters, Phi Delta Kappa, Hispanic Women' s Network and Retired Teachers Association. (At Large) CEO, C.C. Association of Realtors. M.A. in Political Science, Southwest Texas State University. President of C.C. Industrial Foundation and Secretary of Nueces County Beach Advisory Committee. Graduate of Leadership Corpus Christi, Class X1. (At Large) (2-02-00) President, Mary Garrett & Associates. Fifteen years sales and marketing experience in hospitality industry. Her company was recently recognized as one of five largest meeting management companies in Texas. (At Large) (2°09-00) President, Bill Goin Homes. Activities include President of padre Island Business Association, member of Building Standards Board, and former member of Island Planning Foundation. (Attractions) (2-17-00) President, Laredo National Bank. BBA in Finance. Member of Selena Foundation, Hispanic Chamber of Commerce, West- side Business Association, Gulf Coast Council of La Raza. Currently serving on Senior Community Services Advisory Committee. (At Large) (12-08-99) Retail Owner, Padre Staples Mall. Member of Creative Arts Center Board, Vice-President of Finance - Art Museum board and Bayfest Electrical Chairman. (At Largo President, San Jacinto Title Services. M.B.A. in Management, Corpus Christi State University. Activities include member of First United Methodist Church, C.C. Rotary Club and President's Club of Texas A&M-CC. Awarded Leadership Corpus Christi Outstanding Leadership Award, 1992. (At Largo (2-03-00) Owner, Lighthouse Restaurant. J.D., U.T. Austin. Member of Coastal Bend and State Restaurant Associations. (RestauranO (2-16-00) 022200.WPD, page 10 26 Alex Kovach 309 Naples St. (H) 888-7206 (W) 289-0171 Business Development Manager, C.C. Intemational Airport. M.A. in Aerospace Management, Embry-Riddle Aeronautical Univer- sity OW.A.S. - Satellite Campus). Activities include Leadership Corpus Christi alumni, member of Associated Airport Executives. Retired naval aviator (Lt. Comm.). (2-16-00) (Transportation) Jim Jones, Ph.D. 4242 Gulfbreeze, #302 (H) 887-6980 Retired Professor of Management, Del Mar College. Ph.D., University of North Texas; M.B.A., Texas A&M - CC. Recipient of the Presidents' Award from Hotel Motel Condo Association for significant contributions to the hospitality industry. (At Large) Sandy Keiser 15369 Caravel Dr. (H) 949-8212 (W) 994-1010 Sales Manager, Thrifty Car Rental. Activites include past Chair of Hospitality Sales & Marketing Association and current Chair, Chamber Ambassadors. (At Large) (2-10-00) Brad Lomax 309 N. Water St. (VO 882-2211 President, WaterStreet, Inc. B.B.A. in Finance (Cum Laude), St. Mary's University. Served as President of Texas Restaurant Association, past member of Texas Hospitality Task Force. Former member of Convention and Visitors Bureau. (Restaurant) (1-10-00) Mary McQueen 2417Windsong (H) 992-9454 (W) 881-1255 Marketing, Texas State Aquarium. B.B.A. in Management and Marketing, C.C.S.U. Leadership C.C. Alumni, Class XIV. Past distinctions include: produced three award-winning advertising campaigns for Texas A&M-CC (1993-99) and CCSU-USCC Student Leadership Award recipient (1991). (Attractions) (2-18-00) Anna Mercado-Flores- 2830 Tumbleweed (W) 241-4535 President, International Meeting Planners. Management Training and Supervisory Training, Del Mar College. Served as Chairman for Hispanic Chamber of Commerce. Recipient of Outstanding Community Service Award. (At Large) Frank "Rocco" Montesano 2101RiataDr. (H) 939-9247 (W) 888-4873 Executive Director, U.S.S. Lexington Museum. B.S., United States Naval Academy; Master's in Public Administration from St. Mary's University. Member of Convention and Visitors Bureau Interim Board (Chairman of Nominating Committee), Navy League. Associate Professor for St. Mary's University. Has received two Legion of Merit awards. (Attractions) (2-04-00) BiliMorgan 453 PeermanPl. (H) 855~3416 General Manager, Holiday Inn-Emerald Beach. B.A. from Bow- ling Green State University, Ohio. Member of Hotel Motel Condo Association and former Alliance board member. Adjunct faculty member, Del Mar College. Winner of Hotelier of the Year Award 1991. (Lodging) (2-16-00) 022200.WPD, page 11 27 Govind Nadkarm 541 McBride Lane (W) 289-0712 Jody Patel 14806 Dasmarinas (W) 949-8041 Dave Prewitt 237 Leming (H) 883-3759 (VO 289-5100 Bill Pruet 5702 Spohn Dr. (H) 991-8377 (VO 992-1153 Bert Quintanilla 309 Peerman (H) 852-8877 (W) 882-2277 W. Mark Rand 333 Cape Hatteras (W) 854-1933 Jim Rimby 6440 Everhart, #3A (W) 854-4035 Linda Routh 2033 Airline, Ste. B-I 1 (H) 992-1081 (W) 906-0111 Owner, Govind and Associates. B.S. in Civil Engineering, Guajarat University; M.S. in Civil Engineering, University of Southern Califomia. Graduate of Leadership Corpus Christi, Class 13. Received National Outstanding Businessman ofthe Year Award from Texas Association of Minority Business Enterprises. (At Large)(02-03-O0) General Manager, Holiday Inn-SunSpree Resort. B.S. in Micro- biology, Stephen F. Austin University. Member of Hospitality and Sales Marketing Association, Texas Hotel Motel Association and Coastal Bend indian Foundation. (Lodging) (2-07-00) General Manager, Holiday Inn - Airport. B.S. from Cat State University. Activities include Vice-President of Hospitality Sales and Marketing Association, volunteer work with Jewish Community Center, member of Westside Business Association and Hispanic Chamber of Commerce. Designated as a Certified Hotel Administrator. (Lodging) (2-17-00) Owner, Trend House Interiors. B.S. in Marketing, University of Alabama; M.B.A., U~xiversity of Utah. Member of Builders Asso- ciation Board and CVB Interim Board. (At Large) Officer, Gulf Coast Entertainment, L .L .C . and Chief of Staff for State Representative Jaime Capelo. B.A., U.T. Austin. Chairman of the Selena Foundation and Board member of Laredo National Bank. Currently serves on the Downtown Management District; past Chairman of the Planning Commission. (At Large or Attractions) Owner/President, Golden Banner Press. B.S. in Agriculture and Economics, Texas A&M-College Station. Member of American Advertising Federation and Ronald McDonald House. (At Large) Regional Sales Director, Zep Manufacturing. Serves on the Board of Directors for Executive Housekeepers Association and the Propeller Club. Member of the Hotel Motel Condo Association. (At Largo President, CompuBasix, Inc. Associate's degree from Del Mar College. Activities include member of Hispanic Chamber of Commerce, & Small Business Development Advisory Committee. Current member of Board of Regents, Texas State Technical College System. (At Largo (2-15-00) 022200.WPD, page 12 28 Greg Salvo 427 Del Mar (H) 882-8721 (w) 884-8888 Tom Schmid 2710 N. Shoreline (H) 643-0428 (W) 881-1242 Berney Seal 601 Everhart (H) 884-2345 (W) 992-9000 Kacie Sicilia 1102 S. Shoreline (W) 883-5731 Jim Snow 5921 Raven Hil (W) 886-3545 JohnTrice 13706 Tajamar (H) 949-8579 (W) 844-1032 Sales, Williams Wholesalers. Activities include Sunrise Rotary Club President- Elect, Corpus Christi Area Council for the Deaf, Coastal Bend Restaurant Association and Salvation Army Board. (At Large) (2-17-00) Director, Texas State Aquarium. Areas of expertise: education tourism & science. M.S. in Biological Sciences. Member of the Rotary Club and alumni of Leadership Corpus Christi. (Attractions) (0141-00) Realtor/Owner, Bemey Seale Realtors. B.S. Degree from University of Alabama. President of C.C. Board of Realtors, Di- rector of Texas Association of Realtors and member of American Heart Association board. (At Large) Marketing, Holiday Inn-Emerald Beach. Activities include President of Hospitality Sales & Marketing Association, member of Coastal Bend Hotel Motel & Condo Association, and volunteer with Humane Society and Women's Shelter. Recipient of 1999- 2000 Hotel Motel & Condo Association. President's Award. (Lodging) (2-17-00) General Manager, Omni Hotels. B.S. in Marketing, Kansas State University. Served as Board member for San Antonio Convention and Visitors Bureau. Awarded two consecutive Director of Marketing of the Year Awards, Marriot Sales Manager of the Year. (Lodging) (1-13-00) President, Frost Bank-Padre Island. Member of Padre Island Business Association, Nueces County Park Board and Interim CVB Board. Past member of Chamber of Commerce. (AtLarge) 022200.WPD, page 13 29 d. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION - Three vacancies. Terms of oftice shall coincide with the terms of office of the City Council. COMPOSITION Twelve (12) members representing the following entities: 3 - City of Corpus Christi; 2 - Port of Corpus Christi; I - Nueces County; and 6 - Board of Trustee nominees. The City Council shall appoint three (3) individuals to serve on the board of directors, which persons may be City Council members or other public officials. Terms of office shall coincide with the terms of office of the City Council. The City Manager shall serve as an ex-officio, non-voting member of the board of directors. INDIVIDUALS EXPRESSING INTEREST Lena Coleman 2023 Stillman (H) 883-5762 (W) 857-7729 Owner, Lena's Business Management & Consultants. B.A. in Business Administration; M.A., Education and J.D. Mem- ber of Texas Association of Collegiate Testing Personnel and Texas State Bar Association, Census 2000 Complete Count Committee. Past distinctions include: Ford Foundation Scholarship for Academic Recognition and Earl Warren Legal Foundation Scholarship. (2-18-00) N. Foster Edwards 118 Alia Plaza (H) 853-0366 (W) 991-8221 CEO, C.C. Associationof Realtors. M.A. in Political Science, Southwest Texas State University. President of C.C. Industrial Foundation and Secretary of Nueces County Beach Advisory Committee. Graduate of Leadership Corpus Ctuisti, Class XI. (2-02-00) Clemente Garcia, Jr. 4130 Tarpon Place (H) 853-6503 (W) 855-7344 PresidentjCEO, Prescott Pharmacy. B.S. in Pharmacy, University of Houston. Activities include: member of Texas Pharmaceutical Association, L.U.L.A.C. and Sembradores de Amistad International. Past distinctions include: appointments by Gov. Clements to the University System of South Texas and Texas A & I boards; President of C.C.I.S.D. School Board (I979-84) - selected School Board of the Year by Texas Association of School Administrators (1983). (2-18-00) Gall Hoffman 3442 Paradise Dr. (H) 937-4215 (W) 289-0996 Executive Director, Associated General Contractors. B.A. in Government, U.T. Austin. Graduate of Leadership Corpus Christi, Class XV. Volunteer experience includes the following: former Flour Bluff Intermediate & High School P.T.A. President, established C.A.S.A. Board of Directors, Junior League member for nine years, Board Member and V-P of Development for Ronald McDonald House. (10/13/99) Glenn E. Lyons 13901 Cabana North (H) & (W) 949-9799 Area of expertise - Development and marketing. Directorof Padre Island Business Association Board and Director of the Karen E. Henry Foundation. Served ten years in United States Air Force Security Service, Top Secret security clearance. (2-11-00) 022200.WPD, page 14 30 Edward Martin 5814 Oso Parkway (H) 992-2053 (VO 693-2100 Richard Poremba 4823OceanDr. (H) 993-7196 (W) 814-9900 Manuel Ugues 6162MistyMeadows (H) 992-1570 (W) 887-7408 Sandra Vasquez 5440 Everhart,#7 (H) 884-9917 (W) 882-2110 CEO, Bay, Inc. Master's degree in Public Administration. Former Council Member; former member of C.C. Business Alliance and Chamber of Commerce. (2-14-00) Principal, Naismith Engineering. B.S. in Civil Engineering and M.B.A. in Accounting. Member of Hispanic Chamber of Commerce Board of Directors and Pacific Southwest Bank board. Previous service includes Co-Chair of Alliance Business Recruitment and Retention Committee. (2-16-00) President, Hispanic Chamber of Commeme. B.B.A. in Marketing. Activities include CP&L Advisory Community Committee and C.C. Young Professionals Club. Currently serving on C.C. Downtown Management District. (2-17-00) Co-owner, Mex-Sales Company. B.B.A. in Accounting from Corpus Christi State University. Owns a patent for Tamale Masa Spreader. Member of Hispanic Chamber of Commerce and Hispanic Contractors Association. (4-10-98) 022200.WPD, page 15 31 e. INTERGOVERNMENTAL COMMISSION ON DRUG & ALCOHOL ABUSE - Three vacancies with two-year terms to 8-19-01. COMPOSITION Thirteen voting members. Three members shall be appointed by the Corpus Christi City Council, three by the Nueces County Commissioners Court, two by the Board of the Corpus Christi ISD. one by the Board of the Robstown ISD, one by the Board of the Tuloso-Midway ISD, one by the Board of the West Oso ISD, one by the Board of the Calallen ISD, and one by the Board of the Flour Bluff ISD. ORIGINAL MEMBERS TERM APPTD. DATE Abby Saenz (County), Chairman Aaron DeLaGarza (CCISD) Velma Arellano (City) Lucy Rubio (City) Jean Newberry (City) Frank Veltri (CCISD) Diane Spurlock (Calallen) Audra Ude (Flour Bluff) Dora Sifuentes (West Oso) Gary Burnett (Tuloso-Midway) Mauro Garza (Robstown) Aaron Bonds (County) Tim Clower (County) 8-19-99 8-19-00 8-19-99 8-19-99 8-19-99 8-19-99 8-19-99 8-19-00 8-19-99 8-19-00 8-19-99 8-19-00 8-19-00 8-12-97 10-10-95 8-05-86 Seeking reappointrnent. ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NO. OF MTGS. NAME THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Velma Arellano 8 4 50% Jean Newberry 8 6 75% Lucy Rubio 8 6 75% OTHER INDIVIDUALS SEEKING REAPPOINTMENT Shelley Hinojosa 4505 Cobblestone (H) 814-3613 (W) 855-1021 CEO/President, Shelley & Associates. Master*s degree in Psychology, B.A. in Counseling. Pursuing Doctorate degree in Higher Education in Adult Learning, Nova University. Board memberofHispanicChamberofComrnerce. 1998 Corpus Christi Hispanic Chamber of Commerce Business Woman of the Year. (5-12-99) 022200.WPD, page 16 32 Rev. Leroy Roundtree- 4037 Rooney Dr. (H) 852-5841 (W) 757-424-6411 Asst. Pastor, St. John's First Baptist Church. Retired from 20 years of naval service in Sept. 1999. Area of expertise: analysis and technology. (1-06-00) Rev. Mark Stewart 4021 Montego (H) 853-6117 (W) 852-3292 Pastor, Rising Star Baptist Church. Member of the Adelante Jantos Advisory Committee. (1-07-00) 33 022200.WPD. page 17 FE~--18--80 eS:8~ PM ~R.SAENZ M.~. UROLO~Y 5128~24~59 P,02 ((1) Abby Saenz lnl ov ,,me a,J Co , i-, ioa on aad Alcohol February 9, 2000 Mr. David Garcia Corpus Christi City Manager At the request ofour city assigned secretary, Pat Eldrige, I v, ill hopefull}, give you a synopsis of the latergovernmental Commission. It was establisl~d after the 1985 Drug Task Force. While serving that first year the Commition helped unify the community to fight against drug and alcohol abuse. Our members have at one time or another guided, participated, or sponsored many pesitivc activities protecting our youth from the ravages of drug and alcohol abut. This past year was not as fruitful (lack of quorum) but we still have several members participating with the community, esp. Vilma who volunteers her time speaking to the te~nagers about D.W.I.. She lost her older son in a tern'ble accidem. Personally I have artended n~.'etings of Texans Standing Tall twice in Austin. Itopefully we can stun a chapter in our city since it addresses the under age drinking problem. The masons I feel that have resulted in a lack of quorums are: 6 Failure to notify school superintendents at mid-summer to name appointees for new fiscal years of '9g and '99. Hurricancs didn't hclpI; o~*o C.C.I.S.D. is cnlitled to two rcps., but or,./y onc comes whcncver hc *~. The appointees from schools are very busy...or emcrgcncics!!; 6 Loss ofnotices in school mail (claims ofnot getting mail) or not received in a tirncb' manncr; 6 Once or twice notices were not mailed or posted at city hull in a timcb' manner, o*** For some time the Commission was nol wanted b}' some higher- ups in law cnforccrncnt and the alcohol lobby~ and 6 Lack orcoammnity interest, but we havcn't lost a graduating senior since t985. Mr. Garcla. please fccl rrcc lo call mc at any time, 991-6347 or g15-4022. Wc nccc[ the Commission. Austin has a coalition whcre I gave a prcscntation and it was composed of Icadcrs fi'om the entire community, Please give copies to Mayor & Council members. Respectfiflly, Abby Saenz, Chairman Mayor ~md Council Members 34 AGENDA MEMORANDUM February 16, 2000 SUBJECT: Buckingham Estates Lift Station (Project #7117) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering services agreement with Coym, Rehmet & Gutierrez Engineering, Inc. for a total fee not to exceed $37,306 for the Buckingham Estates Lift Station. ISSUE: The Buckingham Estates Lift Station does not have adequate reserve pump capacity, and must be upgraded to accommodate anticipated growth on the south side of Corpus Chdsti. FUNDING: Funds for this project are available in the FY99-00 Capital Projects Fund. RECOMMENDATION: Approval of the motion as presented. Foster Crowell' Wastewater Superintendent / ~, R. Escobar, F;: E Engineering Services Additional Support MaJceria~ Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map 35 BACKGROUND INFORMATION Buckingham Estates Lift Station (Project #7117) PRIOR COUNCIL ACTION: July 20, 1999 - Approval of the FY99-00 Capital Improvement Budget, Ordinance No. 023703. EUTURE COUNCIL ACTIONS: 1. Amendment of the engineering contract to provide design, bid and construction phase services. 2. Award of a construction contract for the upgrade or relocation of the Buckingham Estates Lift Station. BACKGROUND INFORMATION: The Buckingham Estates Lift Station does not have adequate reserve pump capacity, and must be upgraded to accommodate growth on the south side of the City. The Lift Station is located at the intersection of South Staples and Yorktown Blvd. This project is included in the adopted 2000-2004 Capital Improvement Planning Guide as Wastewater Project No. 23. Pdor to proceeding with the lift station's capacity upgrade, it was decided that alternatives should be analyzed. This analysis will include determining the feasibility of relocating the lift station to a less visible site. The Buckingham Estates Lift Station presently pumps to Lift Station No. 5 located at South Staples and Saratoga Boulevard. Lift Station No. 5 pumps to the large capacity wastewater trunk main located at the intersection 8f Saratoga and Cimmaron boulevards. The Oso/Greenwood Wastewater Facilities Implementation Plan calls for the construction of a new force main from the Buckingham Estates Lift Station to the Saratoga/Cimmaron trunk main. The proposed force main will be a component of the analysis to be provided in the engineering report. CON:TJ?,~LCT/PROJECZJ:)ESCRIPTION: The consultant contract is divided into two stages. Stage I provides for an Engineering Report with executive summary, cost estimates, technical evaluations, and an evaluation of the feasibility of identified alternatives for the Lift Station and Force Main routing. The report will be the basis of determining whether the Buckingham Estates Lift Station is upgraded or relocated to an improved location. Stage 2 of the contract will provide for design, bid, and construction phase services. These services will be negotiated based upon the results of the Engineering Report and the decision whether to upgrade or relocate the Lift Station. Stage 2 services will be authorized by a future amendment of the contract. H:\HOME'~KEVINS\GEN\WASTEWA\LIFTSTA\BUCKINGH%AGENDA.BKG 36 Page 1 of 1 CONTRACT SUMMARY BUCKINGHAM LIFT STATION SCOPE OF PROJECT Providing capacity in the system to accommodate anticipated growth is recommended. The Lift Station does not have adequate reserve pumping capacity. Improvements include enlargement of the Buckingham Station with a new force main. The project increases capacity by replacing pumps and redesigning the wet well system. Upgrading of the Buckingham Lift Station or possible relocation of the e~iSting Buckingham Station from its present location at the intersection of Yorktown Blvd. and South Staples Street to an improved location. If the lift station is relocated the existing lift station site will be demolished. A force main will be constructed to a location which adequate capacity exists. 2. SCOPE OF SERVICES Coyre, Rehmet & Gutierrez Engineering will perform all engineering services necessary to review and prepare plans, specifications, and bid and contract documents; and provide contract administration services to complete the Project. Work will not begin on Additional Services until written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE TIME MILESTONE March 3, 2000 Begin Preliminary Phase Aprile 14, 2000 Preliminary Submittal 60% May 26, 2000 Submit Draft of Stage 1 Engineering Report For Review and Approval June 16, 2000 Submit Final Stage 1 Engineering Report 4. FEES Fee for Basic Services. The City will pay the Engineer a fixed fee for providing for all "Basic Services" authorized as per the following table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined above, and for all expenses incurred in performing these services. For services provided, Engineer will submit monthly statements for basic services rendered. The statement will be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to Engineer's monthly statements. Fee for Additional Services. For services authorized by the Director of Engineering Services, the City will pay the Engineer a not-to-exceed fee as per the following table: Contract Sumrna~ - Buckingham Lift Station H:\HOME~VELMAR\GEN\WASTEWA~7117~CONTRACT,SUM 37 CONTRACT SUMMARY BUCKINGHAM LIFT STATION 1. SCOPE OF PROJECT Providing capacity in the system to accommodate anticipated growth is recommended. The Lift Station does not have adequate reserve pumping capacity. Improvements include enlargement of the Buckingham Station with a new force main. The project increases capacity by replacing pumps and redesigning the wet well system. Upgrading of the Buckingham Lift Station or possible relocation of the existing Buckingham Station from its present location at the intersection of Yorktown Blvd. and South Staples Street to an improved location. If the lift station is relocated the existing lift station site will be demolished. A force main will be constructed to a location which adequate capacity exists. 2. SCOPE OFSERVICES Coym, Rehmet & Gutierrez Engineering will perform all engineering services necessary to review and prepare plans, specifications, and bid and contract documents; and provide contract administration services to complete the Project. Work will not begin on Additional Services until written authorization is provided by the Director of Engineering Services. 3. PROJECTSCHEDULE 4. FEES TIME MILESTONE March 3, 2000 Begin Preliminary Phase Aprile 14, 2000 Preliminary Submittal 60% May 26, 2000 Submit Draft of Stage 1 Engineering Report For Review and Approval June 16, 2000 Submit Final Stage 1 Engineering Report Fee for Basic Services. The City will pay the Engineer a fixed fee for providing for all "Basic Services" authorized as per the following table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined above. and for all expenses incurred in performing these services. For services provided, Engineer will submit monthly statements for basic services rendered. The statement will be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to Engineer's monthly statements. Fee for Additional Services. For services authorized by the Director of Engineering Services, the City will pay the Engineer a not-to-exceed fee as per the following table: Contract Summary - Buckingham Lift Station H:\HOME~VELMAR\GBN~WASTEWA~711 T/CONTRACT SUM Summary of Fees Fee for Basic Services STAGE I 1. Engineering Report STAGE 2 2. Design Phase 3. Bid Phase 4. Construction Phase Sub-Total Basic Services Fees Fee for Additional Services STAGE 2 1. Permitting Railroads TxDOT Permits/Amendments Wetlands Delineation Temporary Discharge NPDES TNRCC Nueces County Texas Historical Commission USRNS USACE USEPA Total Permitting 1. ROW Acquisition Survey 3. Topographic Survey 4. Environmental Assessment 5. inspection Services 6. Start-up Services 7. Warranty Sub-Total Additional Services Fees Authorized Total Authorized Fee Contract Summary - Buckingbarn Lift Station H:\HOM~VELMAR\GEN\WASTE'WAT~711 ?',CONTRACT. SUM 39 $37,306.00 . TO BE DETERMINED TO BE DETERMINED TO BE DETERMINED $37,306.00 TO BE DETERMINED TO BE DETERMINED TO BE DETERMINED TO BE DETERMINED TO BE DETERMINED TO BE DETERMINED TO BE DETERMINED TO BE DETERMINED $37,306.00 LIFT STATION NO. 5 F~ 2444 SITE LOCATION OSO N I NO SCALE I PROJECT# 7117 Exhlblt "C" Llft Station at Buckingham CITY COUNCIL EXHIBIT ~ DEPARTMENT OF ENGINEERING SERVICES DATE: 2/15/00 PAGE: I of 1 ~ DRAWN BY: C.R. ~ AGENDA MEMORANDUM February 14, 2000 SUBJECZ: Gas Department Building Chiller Replacement Project No. 1523 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Malek, Inc. for a total fee not to exceed $224,985 for the Gas Department Building Chiller Replacement project. LSSUE: The existing gas chiller is antiquated, unreliable and subject to failure. Parts for this chiller are no longer manufactured. Replacement of the chiller at this time will help ensure that the facility can be used without interruption. EUND~IG; Funds for this project are available in the FY99-00 Gas Department Operating Budget. RECDMMENDATIOIt Approval of the motion as presented. F Director of Engineering Services Additional_Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Summary Exhibit "D" Location Map 41 BACKGROUND INFORMATION Prior Council Action: July 20, 1999 - Adoption of the FY99-00 Annual Budget, which included funding for this project (Ord. No. 023702). Background Information: The existing gas chiller is antiquated and beyond its useful economic life. When the unit failed last summer, the Gas Department was able to refurbish a unit that had previously been removed from service by cannibalizing parts from various other units. The refurbished unit is deemed to be unreliable and subject to failure. Project Description: This project consists of mechanical and electrical work for the installation of two water-cooled, gas-fired, absorption chiller/heater units and cooling towers, including the installation of all piping, electrical and other necessary appurtenances. All existing air devices will be cleaned. Bid Information: The project was bid as a lump sum base bid with one additive altemate. The City received proposals from five bidders on February 9, 2000, with bids ranging from $224,985 to $273,180. The low qualified bid was submitted by Malek, Inc. of Corpus Christi, Texas. Malek is a large, well-established mechanical contractor which has satisfactorily completed several other projects for the City. Staff recommends that the construction contract be awarded to Mal6k, Inc. in the amount of $224,985. Contract TermsJ The contract provides for the project to be completed in 120 calendar days, with completion anticipated by the end of July 2000. H:\HOME~KEViNS\GEN\GAS\CHILLER%AWDBKG.EXA II Exhibit "A" II Page 1 of 1 42 PRELIMINARY BUDGET GAS DEPARTMENT BUILDING CHILLER REPLACEMENT CORPUS CHRISTI, TEXAS February 14, 2000 Project No. 4523 FUNDS AVAILABLE: PRELIMINARY BUDGE~ FY99o00 Gas Dept. Operating Budget 265,485 ACTUAL BUDGEI Total EUNDS REQUIRED: Construction Construction Contingencies (10%) Design Consultant (Arch ./Engineer) Engineering Reimbursements (1.5%) Testing (Geotech & Quality Control) Miscellaneous Expenses (Printing, Advertising, Express, etc.) Total I 265,485 224,985 22,500 12,000 3,000 1,000 2,000 265,485 H:\HOMD, KEVINS\GEN\GAS\CHiLLER\BUDGET.EXB II Exhibit "B" II Page I of I 43 TABULATION OF BIDS Page 1 of 1 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY. Ingel R.Escobar, P.S., Director of Engineering Services DATE, Wednesday, February 9, 2000 TIME OF COMPLETION. 120 Calendar Days ENGINEER'S ESTIMATE. $200,000 GAS DEPARTMENT BUILDING CHILLER REPLACEMENT PROJECT NO. 1523 Mathews Htg 6 A/C Inc P.O.Box 8555 C.C., TX 78411 Malek Inc. P.O.Box 679 C.C., TX 78408 Weathertrol Inc. P.O.Box 4881 C.C., TX 78469- 4881 Miller 6 Miller P.O.Box 260609 C.C., TX 78426- 0609 Victoria A/C 513 Profit Dr. Victoria, TX 77901 DESCRIPTION QTY UNIT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT PRICE PRICE PRICE PRICE To furnish all labor and materials, tools, and necessary equipment, and to perform the work required for the project at the locations set out by the plans and specifications and in strict accordance with the contract documents. TOTAL BASS BID. $210,700.00 $212,990.00 $219,000.00 $245,600.00 $255,930.00 ALTERNATE BID ITEM N0.1. $14,350.00 $11,995.00 $17,500.00 $13,700.00 $17,250.00 TOTAL BASH BID + ALT.1. $225,050.00 $224,985.00 $236,500.00 $259,300.00 $273,180.00 \ Mprojec t \ councilexhibits \ exh 1523, d wg IH37 kGNES N CORPUS CHRIS~ BAY PROJECT LOCATION 4225 South Port F.M. 45 CIP PROJECT # 1523 EXHIBIT "D" Gas Department Building Chiller Replacement CI~ OF CORPUS CHRIST, TEXAS 45 CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 Of 1 DATE: 2-15-2000 CITY COUNCIL AGENDA MEMORANDUM SUBJECT: February 16, 2000 Pro-Planning for Post-Hurricane/Disaster RecOvery Operations (Project #90038) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 to the Contract for Engineering/Consulting Services with Shiner, Moseley and Associates, Inc. in an amount not to exceed $20,000 for Pre-Planning for Post-Hurricane/Disaster Recovery Operations for the 2000 hurricane season. ISSUE: Several actions must be completed each year to maintain pre-position recovery contracts to minimize recovery time and expenses as a result of post hurricane/disaster recovery operations. FUNDING: Funding for this amendment is available from the Street, Solid Waste, Wastewater, and Water Departments' Annual Operating Budgets. RECOMMENDATION: Approval of the motion as presented. Fost r Crowell . Water Superintendent Andres Leal~.. E. (~ Director - Solid Waste Services '~lR.~Escobar, P. E. Director of Engineering Services Ogilvie Gericke, P. E. Director of Street Services Attachments: Exhibit A - Additional Information Exhibit B - Contract Summary H:~HOME~KEVINS~GEN~HURRICAN~gMGMT~,EAMD4M 47 ADDITIONAL INFORMATION BACKGROUND: In order to expedite post-hurricane recovery operations and maximize reimbursement from various disaster relief funds, it is essential that necessary plans and contracts be developed and in place for rapid recovery response and to provide proper documentation to support reimbursement requests from emergency funds. A hurricane or other major disaster will result in a dramatic increase in City workloads. The City will be required to continue normal operations while mobilizing all available resources to conduct an effective and efficient disaster recovery operation. Therefore, it was found to be to the City's advantage to identify, contract and pre-position the contract services that will be required to undertake recover,/efforts. This resulted in several pre-positioned contracts being in place for the 1998 and 1999 hurricane seasons. Vadous pre-positioned recovery and damage assessment contracts were activated in 1999 as a result of Hurricane Bret. While the City suffered only limited damage, the recovery actions were well coordinated. The pre-positioned contracts functioned as intended and there was satisfaction with the contractors' responsiveness and the speed of recovery. PRIOR COUNCIL ACTIONS: June 24, 1997 ~ Motion authorizing staff to waive the 75% local participation rule in soliciting professional services required for pre-planning post-hurricane recovery operations (M97-176). August 18, 1997 - Authorization for City Manager or his representative to sign a contract with Shiner, Moseley and Associates, Inc. in the amount of $96,000 for Pre-Planning for Post Hurricane/Disaster Recovery Operations (M97-223). January 27, 1998 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract for Engineering/Consulting Services with Shiner, Moseley and Associates, Inc., in an amount not to exceed $71,000 for Pre-Planning for Post-Hurricane/Disaster Recovery Operations (M98-016). Eebruary 9, 1999 - Motion authorizing the City Manager to execute Amendment No. 3 to the Contract for Engineering/Consulting Services with Shiner, Moseley and Associates, Inc., in an amount not to exceed $20,000 for Pre-Planning for Post Hurricane/Disaster Recovery Operations for 1999 (M99-039). PRIOR ADMINISTRATIVE ACTIONS: January 15, 1996 - Approval to ratify additional services in the amount of $10.000 to complete Phase I Services for Pre-Planning for Post Hurricane/Disaster Recovery Operations with Shiner, Moseley and Associates, Inc. CONSULTANT: Shiner, Moseley and Associates, Inc., successfully completed the Pre- Planning for the original contract and the 1998 and 1999 Humcane Seasons. CONTRACT: The original contract provided for the development of a refined scope and approach to be used in the establishment pre-positioned contracts. That contract provided H:~HOME'~KEVINS\GEi'~'-IURRICAN~00MGM"I'~AEAMD4BK.EXA 48 I EXHIBITA I Page 1 of 2 for a future phase to implement first year preparedness services including the pre- positioned contracts and annual contract management services associated with humcane/disaster preparedness. Annual management services was to be addressed through amendments for each hurricane season. Amendment No. 4 will activate Year 3 (2000) Contract Management Services upon approval by Council. Contract Management services to be completed as a result of the amendment include: 1. review contract documents and procedures to assure compliance with current Federal Emergency Management Agency (FEMA) requirements; 2. recommend any modifications to contracts, procedure, or forms to facilitate FEMA reimbursement of recovery operations; 3. review Damage Assessment Team (DAT) availability, capabilities, and responsibilities; 4. prepare and conduct a one (1) day Damage Assessment Team (DAT) training course pdor to June 1, 2000; 5. review contractor availability, capabilities, and responsibilities; 6. prepare and coordinate contractor(s) participation in the City's annual humcane preparedness exercise; and 7. participation in the preparedness exercise. A complete list of services is provided in the Contract Summary. See Exhibit B. FEE: Contract Management for Years 2 through 5 was to be based on a fee of $28,000 for Year 2 (1999) with an adjustment for Years 3 through 5 based on the Engineering News Be.r. ard:l inflation rate. Review of the required services resulted in a mutual agreement that the fee for Year 3 Contract Management services would be reduced to $20,000. ALTERNATIVES: Maintenance of pre-positioning contracts is the only viable method of minimizing recovery time and assudng maximum recovery of expenditures from FEMA and other reimbursements. FUNDING: Funding for the Engineering and Consulting contract is available from the Street ($6,000), Solid Waste ($6,000), Wastewater ($4,000), and Water ($4,000) Departments' annual operating budgets. The cost of the contract was allocated based upon an estimate of the benefit that would accrue to the Departments. Activation (Hurricane Approach Preparations) and Recovery Operations would be authorized as an amendment only in the event of a hurricane or other disaster with the fee being provided at that time. IMPLEMENTATION SCHEDULE: The implementation schedule provides for the re- certification of all pre-positioned contracts, all training sessions/exercises, and other tasks for the 2000 Hurricane Season to be complete by June 1,2000. RECOMMENDATION: Approval of the motion as presented. H:~HOME',KEVINS\GEI, AHURRICAi~00MGMT~AEAMD4BK.EXA49 I EXHIBIT A I Page 2 of 2 CONTRACT SUMMARY Additional Services, as outlined in the original contract, Section II B.2 is hereby amended by the follow revision: II.B.2 Contract Management - Years T~,'o Three through Five (2000-2002) Additional Services, as outlined in the original contract, Section II B. is hereby amended by adding the following to read: Additional Services Contract Management - Year 3 (2000) Hurricane Season Implementation. The Engineer will complete the follow tasks in the accomplishment of the contract management scope for 2000: a. review contract documents and procedures to assure compliance with current Federal Emergency Management Agency (FEMA) requirements prior to March 15, 2000; b. recommend any modifications to contracts, procedure, or forms to facilitate FEMA reimbursement of recovery operations; review Damage Assessment Team (DAT) availability, capabilities, and responsibilities; prepare and conduct a one (1) day Damage Assessment Team (DAT) training course prior to June 1, 2000; evaluate the training course; recommend possible improvements and modifications to the DAT training course; submit a letter report of the training session evaluation with a list of certified DATs to the City Engineer; review contractor availability, capabilities, and responsibilities; prepare and coordinate contractor(s) participation in the City's annual hurricane preparedness exercise; participate in the preparedness exercise; review and evaluate the contract management center plan, operational, procedures; communications with other elements of the exercise as it relates to contractors; recommend possible improvements and modifications to the contract management center plan, procedures, communications and other elements; and submit a letter report summarizing observations and recommendations concerning the exercise and the contractors participation. f. g. h. i. j, Article Ill - Fees Authorized B. Additional Services and D. Summary of Fees are amended to read: B. Additional Services. A fee of $20,000 will be paid the Engineer for Section II.B.5 - Contract Management - Year 3 (2000) IdurdcacLe_Season Implementation - services and expenses. This amount includes the Engineers compensation for expenses it will incur in performing this work. See attached Exhibit A - Detail of Fee by Task. (SUMMARY OF FEES ATTACHED) H:\HOME'~KEVINS\GEN\HURRICAN\99MGMT~AEAMD4SU.EXB I Exhibit "B" I Page I of 2 50 Summary of Fees: Tasks I Description PHASE I - BASIC SERVICES-CONTRACT DEVELOPMENT A1-10 Original Contract A11-16 Amendment No. I PHASE I SUBTOTAL PHASE II - ADDITIONAL SERVICES-MANAGEMENT SERVICES (Amendment NO. 2) B1 Contract Management/1998 Hurricane Season B2 Contract Management - Years Two through Five (1999-2002) B3 Activation - Hurricane Approach Preparations B4 Post-Hurricane/Disaster Recovery Operations PHASE II - SUBTOTAL PHASE III - ADDITIONAL SERVICES-CONTRACT MANAGMENT (Amendment No. 3) B5 Contract Management - Year 2 (1999) Hurricane Season Implementation PHASE III - SUBTOTAL PHASE Ill - ADDITIONAL SERVICES-CONTRACT MANAGEMENT (Amendment No. 4) B5 Contract Management - Year 3 (2000) Hurricane Season Implementation PHASE III - SUBTOTAL TOTAL Fee $96,000 $10,000 $106,000 $71,000 To be Negotiated Subject to Activation Subject to Activation $71,000 $20,000 $20,000 $20,000 $20,000 $217,000 H:\HOMBKEVINS\GEN\HURRICAN\99MGMT%AEAMD4SU.EXB I Exhibit "B" I Page 2 of 2 51 AGENDA MEMORANDUM February 17, 2000 SUBJECT: Condemnation of Parcel Nos. 2a, 2b and 6 Kostoryz Road Improvements (Project #6068) . AGENDA ITEM: Resolution authorizing condemnation proceedings by the City to condemn fee simple title to: two tracts of land out of Lot 3, Section 8, Bohemian Colony Lands: (a) 30,859 s.f. and (b) 32,978 s.f. and 1,933 s.f. of land out of Lot 5, Section 9, Bohemian Colony Lands, from the owners, Frances Snyder, individually, and Bryan Lee Holmes and Mark Snyder Holmes as co-trustees of the Paul Snyder Testamentary Trust, to constuct street and utility improvements as part of the Kostoryz Road Improvements project and for other municipal purposes. ISSUE: The Kostoryz Road Improvements project calls for the acquisition of Parcel Nos. 2a, 2b and 6 for street improvements to Kostoryz Road from Holly Road to Saratoga Blvd., and negotiations have reached an impasse. RECOMMENDATION: Approval of the resolution as presented. Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Prior Council Action Location Map Information Summary Kostor'fz Road Improvements project Acquisition of Parcel Nos. 2a. 2b & 6 H:\HOME~SHELB~r~GEN~AG99~ACQUITNS\CONDEMN~(OSTORYZ~PL-2A&2B,M Page I of 1 53 BACKGROUNDINFORMATION SUBJECT: Acquisition of Parcel Nos. 2a, 2b and 6 - Kostoryz Road Imps. Project PRIOR COUNCIL ACTION: See Exhibit "B." OVERVIEW: Background: In 1993, the Corpus Christi Metropolitan Planning Organization (MPO) requested project proposals for the Metropolitan Mobility Program as part of the overall Transportation Improvement Program (TIP). The Metropolitan Mobility Program is a federally-funded program for transportation improvement projects, providing federal funding up to 80% of the total cost of engineering, right- of-way (ROW) acquisition and construction, with a 20% local match share. In response, City staff presented recommendations for several projects, including the engineering, ROW acquisition, and construction of street widening improvements on Kostoryz Road between Holly Road and a point south of Saratoga Blvd. Funding for engineering of the Kostoryz Road project was approved by the MPO for FY 1995. Funding for ROW acquisition and construction was approved for FY 1996. During later deliberations by the MPO, funding for the engineering/ROW was deferred to FY 1996, and funding for construction was tentatively deferred to FY 1999. The cost of engineering and ROW acquisition has been estimated at $136,000 and $100,000, respectively. In October 1995, the City Council. approved funding for the City 20% match share for each of these elements. On September 24, 1996, Council requested staff to perform an in-depth review of the project's scope and cost estimate to determine if funding was adequate and the requirement fully supported. Staffs subsequent review of the project was presented to Council on November 15, 1996 and concluded that the project limits should be changed and not extend 0.25 miles south of Saratoga Blvd. as originally programmed. The near-term benefits of the project were not found to justify the extra cost of the 0.25 mile section. A review of the project budget also indicated an additional $285,000 should be programmed in FY 1999 to cover the City's 20% share of the extra street/drainage costs for the Holly Road to Saratoga Blvd. section. Subsequently, on November 26, 1996, Council endorsed the staffs recommended changes for deleting the section of Kostoryz 0.25 miles south of Saratoga and increasing the budget by $285,000 in the FY 1999 Capital Improvement Plan to cover additional costs. The MPO and TxDOT approved the amending of the Kostoryz Road project limits to delete the section of Kostoryz 0.25 miles south of Saratoga Blvd. Parcel: Parcel No. 2a and 2b are located on the west side of Kostoryz Road between Saratoga Blvd. and Whitebird Lane. Parcel No. 6 is located on the east Exhibit A )} Page I of 2 54 side of Kostoryz Road between Saratoga Blvd. and Masterson Lane. All three parcels are fee simple acquisitions. Parcel Nos. 2a, 2b and 6 contain 0.708, 0.757 and 0.044 acres of vacant land respectively. These parcels are being acquired for the Kostoryz Road Improvements project. Staffs offer of $29,690 was rejected, and negotiations have reached an impasse. In order to move forward with the project, these parcels should be acquired through the condemnation process. A title company is not involved in this acquisition by condemnation. FUTURE COUNCIL ACTION: Council will be requested to: authorize the acquisition and actual expenditure of funds from the Street Capital Projects Fund when the condemnation process for Parcel Nos. 2a, 2b and 6 is completed; and authorize the approval of other parcels in the project where acquisition costs exceed $15,000. 55 Page 2 of 2 PRIOR COUNCIL ACTION October, 1995 -Adopted the FY95-96 Capital Improvement Program Budget, which included $440,000 for the City's participation with the Texas Department of Transportation (TxDOT) for the engineering, acquisition of right-of-way (ROW), and improvements to Kostoryz Road between Holly Road and a point south of Saratoga Boulevard (Oral. No. 022394). December. 1995 - Approved appropriation of funds to the Street Capital Projects Fund, including $440,000 for the City's participation with the State of Texas for engineering, ROW acquisition, and construction of the Kostoryz Road Improvements (Ord. No. 022438). November 26. 1996 - Endorsed staffs recommended changes to the Kostoryz Road project by eliminating from its scope the construction of the section of Kostoryz 0.25 miles south of Saratoga Blvd and increasing the project budget by $285,000 in the FY 1999 Capital Improvement Plan (M96-364). January 7, 1997 - Appropriated $80,000 from the Texas Transportation Commission in the No. 220 Street Capital Improvement Fund for the estimated reimbursement from the State of Texas to the City for ROW acquisition costs for the Kostoryz Road Improvements Project between Holly Road and Saratoga Blvd. (Ord. No. 022805). January 7, 1997 - Authorizing the City Manager to execute an agreement with the State of Texas setting forth responsibilities for engineering and acquisition of ROW for proposed improvements to Kostoryz Road between Holly Road and Saratoga Blvd. and authorizing the deposit of $27,200 with TxDOT as the City's share of engineering costs (M97-001). 56 Exhibit B ~ Page 1 of 1 LOCATION MAP VICINITY MAP NOT TO SCALE Kostoryz Road Street Improvements Parcels 2A, 2B, & 6 CIty of Corpus Christi. Texas City Council Exhibit Department of Engineering Services Date : 01-11-2000 Page : 1 of 1 t City of Corpus Chrlstl 57 EXHIBIT C INFORMATION SUMMARY KOSTORYZ ROAD IMPROVEMENTS PROJECT PARCEL NOS. 2a, 2b & 6 Owner: Frances Snyder, Trustee Location: On the west side of Kostoryz Road between Saratoga Blvd. and Whitebird Lane and on the east side of Kostoryz Road between Saratoga Blvd and Masterson Lane. Zoning: R-lb, One Family Dwelling District Size: Parcel 2a - Whole Property: Part Taken: 3.99 acres 0.708 acres Parcel 2b - Whole Property: Part Taken: 4.393 acres 0.757 acres Parcel 6 - Whole Property: Part Taken: 32.766 acres 0.044 acres Platted: No Tax Value: Parcel Nos. 2a & 2b - Parcel No. 6 - $10,O00/acre $25,000/acre Appraised Value: John A. Erickson, S.R.A Parcel No. 2a .................$13,806 ($19,500/acre) Parcel No. 2b .................$14,762 ($19,500/acre) Parcel No. 6 ...................$ 1.122 ($25,500/acre) Total Just Compensation ...............................$29,690 City's Offer: $29,690 Owners Response: The owner does not want to sell the land to the City under any circumstances. H:~HOME~HELBY~GEN~AGg9~CQUITNS\CONDEMN',KOSTORYZ~PL-2A&2B.EXD Page 1 of I 58 RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN FEE SIMPLE TITLE TO: TWO TRACTS OF LAND OUT OF LOT 3, SECTION 8, BOHEMIAN COLONY LANDS: (A) 30,859 S.F. AND (B) 32,978 S.F. AND (C) 1933 S.F. OF LAND OUT OF LOT 5, SECTION 9, BOHEMIAN COLONY LANDS, AS SHOWN ON THE ATTACHED EXItlBITS A, B, & C, FROM THE OWNERS, Frances SNYDER, INDIVIDUALLY, AND BRYAN LEE HOLMES AND MARK SNYDER HOLMES AS CO- TRUSTEES OF THE PAUL SNYDER TESTAMENTARY' TRUST, TO CONSTRUCT STREET AND UTILITY IMPROVEMENTS AS PART OF THE KOSTORYZ ROAD PROJECT AND FOR OTHER MUNICIPAL PURPOSES. WHEREAS, it is necessary to acquire fee simple title to two tracts of Land out of Lot 3, Section 8, Bohemian Colony Lands: (a) 30,859 S.F. and (b) 32,978 S.F., also known as Parcels 2A, & 2B, and (c) to 1933 S.F. of land out of Lot 5, section 9, Bohemian Colony Lands, also known as Parcel 6, on behalf of the City to construct street and utility improvements as part of the Kostoryz Road Project and for other municipal purposes; and WHEREAS, the City has made an offer to purchase Parcel Nos. 2A, 2B, & 6 for the sum of $29,690 based on the fair market value established by an independent appraiser; and pursuant to Law the City has provided the Owners with appraisal reports. WHEREAS,the Owners, Frances Snyder, Individually, and Bryan Lee Holmes and Mark Snyder Holmes as Co-Trustees of the Paul Snyder Testamentary. Trust (collectively called "Owners"), have been unable to agree with the City on the fair market value of Parcel Nos. 2A, 2B, & 6 and further negotiations for settlement have become futile; and WHEREAS, condemnation has become necessary in order to acquire the unencumbered fee simple title to two tracts of Land out of Lot 3, Section 8, Bohemian Colony Lands: (a) 30,849 S.F. and (b) 32,978 S.F., also known as Parcels 2A, & 2B, and (c) 1933 S.F. of land out of Lot 5, section 9, Bohemian Colony Lands, also known as Parcel 6, save and except oil and gas fights. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi has transmitted a bona fide offer, including appraisal reports, to the Owners (Frances Snyder, Individually, and Bryan Lee Holmes and Mark Snyder Holmes as Co-Trustees of the Paul Snyder Testamentary Trust) of two tracts of Land out of Lot 3, Section 8, Bohemian Colony Lands: (a) 30,849 S.F. and (b) 32,978 S.F., also known as Parcels 2A, & 2B, and (c) 1933 S.F. of land out of Lot 5, section 9, Bohemian Colony Lands, also known as Parcel 6, as shown on the attached Exhibits A, B, & C; and the Owners and the City of Corpus Christi have negotiated in good faith and cannot agree on the damages. and further settlement negotiations are futile. SECTION 2. That public necessity requires acquisition of the unencumbered fee simple title to Parcel Nos. 2A, 2B, & 6, save and except the City seeks to acquire no oil and gas fights. H:\LEG-DIR\VERONICA\ALISON\ORD00800\AGORD00 819 59 SECTION 3. That the public necessity and convenience require condenmation of two tracts of Land out of Lot 3, Section 8, Bohemian Colony Lands: (a) 30,849 S.F. and (b) 32,978 S.F., also known as Parcels 2A. & 2B, and (c) 1933 S.F. of land out of Lot 5, section 9, Bohemian Colony Lands, also known as Parcel 6, in order to construct street and utility improvements as part of the Kostoryz Road Project and for other municipal purposes. SECTION 4. That the City Attomey is hereby authorized and directed to institute condemnation proceedings against Frances Snyder, Individually, and Bryan Lee Holmes and Mark Snyder Holmes as Co-Trustees of the Paul Snyder Testamentary Trust Owners of Parcel Nos. 2A, 2B, & 6 to acquire the unencumbered fee simple title to two tracts of Land out of Lot 3, Section 8, Bohemian Colony Lands: (a) 30,849 S.F. and Co) 32,978 S.F., also known as Parcels 2A, & 2B, and (c) 1933 S.F. of land out of Lot 5, section 9, Bohemian Colony Lands, also known as Parcel 6, excluding the oil and gas rights, which Parcels are located in Nueces County, Texas. SECTION 5. That this resolution shall take effect irrtmediately from and after its passage. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa. City Secretary Samuel L. Neai, Jr., Mayor Legal form approved on ] '7 ~ ,2000; James R. Bray, Jr., City Attorney. Alison Gallaw~af, Assistant City Attorney H:\LEG-DIR\VERONICAXALISON\ORD00 800\AGORD00819 6O 2 CITY COUNCIL AGENDA MEMORANDUM DATE: February 16, 2000 SUBJECT: Lease Agreement for Baylest Agenda Item: Authorizing the City Manager, or his designee, to execute a five year lease with Bayfest, Inc. ("Bayfest") to conduct a festival and related activities on the sidewalks, medians, and seawall along Shoreline Boulevard from IH 3'7 to the Convention Center complex; the Barge Dock and adjacent bay waters; and the vacant city block bounded by Resaca, Fitzgerald, Chaparral and Water Streets ("Premises"), in consideration of Baylest paying a one-time $250 permit fee and 100% of the cost of City services for event support, except that in 2000 only Bayfest will pay seventy -five percent (75%) of all police department overtime costs; giving Bayfest exclusive use of Premises for 4 days and non- exclusive use for 21 days during a set period for each of five years beginning September 18, 2000 and providing for publication. ISSUE: Baylest, Inc. is currently in a five-year lease. However, since the City's special event policy has changed, it is necessary to develop a new contract. In addition, event organizers have requested that all similar events be treated consistently. Bayfest, Inc. is requesting that the city approve a five-year lease to include the contract changes. Prior Council Action: At the April 28, 1998 City Council meeting, Council Members directed City staff to consider the feasibility of charging event organizers for all City services including police department overtime. In June 1998, during budget hearings for the 1998-99 fiscal year, the City Council reduced the Police Department overtime budget by $50,000 to be offset by new revenues charged to special event organizers, Ordinance 022634 was passed on July 16, 1996. Council Action Required: Action is required in the form of an ordinance authorizing the City Manager or his designee to enter into a 5-year lease agreement with Baylest, Inc. Future Council Action: Action in the form of an ordinance authorizing street closure permits will be presented to the City Council annually, sixty days prior to festival, if applicable. Recommendation: It is recommended that the ordinance be approved. Marco A. Cisneros, Director PARK & RECREATION DEPARTMENT Attachments: A. Background Information B. Five Year Lease Ordinance for Bayfest C. Lease Summary D. Site Maps H:\PR-DIR\SHARjED',CULTURAL'~,GENDA\BAYAGNMMDOC 61 AGENDA MEMORANDUM ADDITIONAL BACKGROUND Ii~FORMATION Historically, the event organizer has not reimbursed police overtime for services to special events. During the budget hearings for fiscal year 1998-99 the City Council reduced the Police overtime budget $50,000, anticipating charging for all police services related to support of non-city sponsored special events. As a result a series of meetings were held with some of the major event organizers to discuss the implementation of the policy. During the discussion several issues of concern on the part of the organizers arose. Consistent requirements for all events as well as a clear understanding of what type of events would be affected by the additional police costs: what amount would be charged to individual events; and the time frame for implementing new charges for events now well into their budget year were the major concerns voiced. A special event policy was developed that requires that events pay for all city services used. The implementation began with Baylest paying 50% of the police costs and 100 % of all other City services used for their September 1998 festival. All future Bayfest festivals will pay 100% of all services. If the City develops a "Festival" site during this Lease, Baylest agrees to move the Event to the new "Festival" site for the next Event conducted after the "Festival" site is open for events. The Lease will be amended to reflect that the new "Festival" site js now the Premises for this Lease and that all future Events supported by the "Festival Site" will be conducted at the "Festival" site during the Lease. If the "Festival" site is not available for events at least 6 months prior to the date of that year's Event, Bayfest may elect to wait one year to move the Event to the "Festival" site. H\PR-DIR,SHARED\CULTURALAGENDA\BAYAGNMM DOC 62 Exhibit "E" BAYFEST, INC. FIVE YEAR LEASE AGREEMENT SUMMARY PARTIES: City of Corpus Christi, TX (City) Bayfest, Inc. (Bayfest) PREMISES: The side~valks, medians and seawail, along Shoreline Boulevard between Interstate Highway 37 and the Bayfront Art and Science park; the Barge Dock and the vacant city block bounded by Resaca, Fitzerald, Chaparral and Water Streets. Within the next 3 years or more the construction qf the federal Courthouse and the IH 37 parkpro/eels will si~ni~cantlv impact the Premises. The premises will need to be reveiwed annually to determine the Pro/ects imt~art on the Event. Use of the Watergarden will be reviewed annually. TERM: A Five-year Lease Agreement authorizing twenty (20) consecutive days of non-exclusive use annually in 2000, 2001, 2002, 2003 and 2004 and four (4) days (within the 20 days) of exclusive use of the premises described below all during the month of either September or October. PAYMENT: Bayfest will pay City a one-time, $250 Special Event Permit fee. Bayfest will pay City 100% of City's Direct Costs associated ~vith the event and its related activities with the exception of Police overtime costs. Baylest agrees to pay city 75% of police overtime costs for the year 2000 and 100% of Police overtime costs for every year thereafter. Each year, one month prior to the Event, a $2000 cash deposit must be paid to the City. If no costs are incurred or all City costs are paid, the deposit will be returned to Bayfest within 30 days after the event. AGREEMENT: Four months prior to event, the Park Director, Street Director, Police Chief and City Traffic Engineer will meet with Bayfest representatives to agree on City services to be provided and discuss the costs of the City services for the Event. City will bill Bayfest for direct costs within 30 days after the event closes. The committee will pay City' s Direct Costs, if any, as billed within 30 days after City tenders invoice to Bayfest. Bayfest must provide Commercial General Liability insurance for the length of the event and its related activities protecting against liability to the public. Such insurance must have policy limits of $ 1 ,000,000 Combined Single Limit per occurrence for personal injury, death and property damage and naming the City of Corpus Christi as Additional Insured. All vendors selling alcohol at the event must have a $1,000,000 aggregate liquor liability. In addition, insurance for volunteers with limits of $10,000 for death or dismemberment and limits for $5,000 for medical expenses must be provided. Bayfest and its volunteers, contractors and subcontractors must have automobile insurance that covers all owned and non-owned automobiles with at least the statutory $20,000 per person, $40,000 personal occurrence, $15,000 property damage limits. Baylest must furnish the Certificates of Insurance in the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period. Bayfest must provide barricades and traffic signs as required by the City Traffic Engineer that include temporary directional signage to the nearby attractions/facilities affected by any street closures and traffic circulation around event. If the City develops a "Festival" site during this Lease, Bayfest agrees to move the Event to the new "Festival" site for the next Event conducted after the "Festival" site is open for events. The Lease will be amended to reflect that the ne~v "Festival" site is now the Premises for this Lease and that all future Events supported by the "Festival Site" will be conducted at the "Festival" site during the Lease. If the "Festival" site is not available for events at least 6 months prior to the date of that year's Event, Bayfest may elect to wait one year to move the Event to the "Festival" site. Event Security Officers must be sworn peace officers paid directly by Bayfest; provided, however, that the Police Chief may determine that a security guard service may be adequate for the event. If the City's Police Chief determines it is necessary, he will assign Police Officers to provide crowd control and traffic control for the Event and any needed offsite traffic control. H:\pr-dir-shared\sultural\agenda\bayfstls 64 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE YEAR LEASE WITH BAYFEST, INC. ("BAYFEST') TO CONDUCT A FESTIVAL AND RELATED ACTIVITIES ON THE SIDEWALKS, MEDIANS, AND SEAWALL ALONG SHORELINE BOULEVARD FROM IH 37 TO THE CONVENTION CENTER COMPLEX; THE BARGE DOCK AND ADJACENT BAY WATERS; ~ THE VACANT CITY BLOCK BOUNDED BY RESACA, FITZGERALD, CHAPARRAL AND WATER STREETS ("PREMISES"), IN CONSIDERATION OF BAYFEST PAYING A ONE-TIME $250 PERMIT FEE AND 100% OF THE COST OF CITY SERVICES FOR EVENT SUPPORT, EXCEPT THAT IN 2000 ONLY BAYFEST WILL PAY 75% OF POLICE OVERTIME COSTS; GIVING BAYFEST EXCLUSIVE USE OF THE PREMISES FOR 4 DAYS AND NON- EXCLUSIVE USE FOR 21 DAYS DURING A SET PERIOD FOR EACH OF THE FIVE YEARS, AS SHOWN IN THE LEASE BEGINNING SEPTEMBER 18, 2000; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee. is authorized to execute a five year lease with Bayfest, Inc. CBayfest") to conduct the Bayfest Festival and related activities on the sidewalks. medians, and seawall along Shoreline Boulevard between Interstate Highway 37 and the Bayfront Arts and Science Park: the Barge Dock; and the vacant city. block bounded by Resaca, Fitzgerald. Chaparral and Water Streets ("Premises"), in consideration of Bayfest paying a one-time $250 permit fee and 100% of the cost of City services for event support. except that in 2000 only Bayfest shall pay 75% of police overtime costs. A copy of the lease is on file with the City Secretary.. SECTION 2. That Bayfest is given exclusive use of the premises for 4 days and non- exclusive use for 21 days during a set period for each of the four years, as shown in the lease beginning September 18.2000. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 67 AGENDA MEMORANDUM Subject: Heritage Park Leases Date: February 17, 2000 AGENDA ITEM: Ordinance authorizing the City Manager to execute a five-year lease with Baylest, Inc., for the use of the Grande-Grossman House, located at 1517 N. Chaparral, the west 30' by the north 20' of Lot 4, the west 30'of Lot 5, the east 50' by north 20' of Lot 9, Beach addition, Block 61, in Heritage Park, Corpus Christi, Nueces County ("Premises") together with all improvements thereon as their business offices, for a monthly fee of $478; and providing for publication. ISSUE: Bayfest, Inc. has occupied The Grande-Grossman House for seven years. Bayfest, Inc. has requested a five-year lease agreement with the City for use of the house as their headquarters. BACKGROUND: The Grande-Grossman House in Heritage Park was restored in the 1980's under the Corpus Christi Housing Improvement Restoration Program, as were several of the homes in the park. The League of United Latin American Council (LULAC), originally occupied the house before relocating their offices to newer facilities in the City in 1991. In 1993, Bayfest. Inc., which has participated in numerous activities in Heritage Park over the years, entered a one-year Use Permit with the City to occupy the Grande-Grossman House. Then Baylest. Inc. was approved for an additional rive-year lease, which has expired. Bayfest, Inc. is asking to renew for another five years. Baylest, Inc has been a stable tenant, makes lease payments on time, and makes the facility work for their purposes. Both the City and Bayfest, Inc. have benefited from their occupancy of the home and Bayfest has been an active participant in Henrage Park events and tours. PAST COUNCIL ACTION: The City Council approved Ordinance 021988 authorizing the City Manager to execute a five year lease agreement for the Grande-Grossman House in Heritage Park with Bayfest, Inc. on July 12, 1994. RECOMMENDATION: It is recommended that the City Manager or his designee be authorized to enter into a five year lease with Bayfest, Inc. for the use of the Grande-Grossman House at a rate of $478 per month. Marco A. Cisneros, Director PARK & RECREATION DEPARTMENT Attachments: A. Contract Summary ~9 CONTRACT SUMMARY PARTIES: Lessor: City of Corpus Christi Lessee: Bayfest, inc. PROPERTY: The Grande-Grossman House located at 1517 N. Chaparral St. in Heritage Park. TERM: Five year lease with monthly maintenance payments of $478 per month. AGREEMENT: Lessee shall have the right to maintain its administrative offices within the structure to provide meeting rooms for activities of Lessee or any of its support groups. Lessee shall have the right, but not be obligated, to rehabilitate existing or to construct additional improvements on the property. Local contractors shall be used for all new construction to the greatest extent possible. The property shall normally be open to the public for a minimum of 4 hours per day, 5 days per week, excluding holidays. Lessor shall provide Lessee with information and materials, which Lessee shall make available to visitors concerning the history and restoration of the premises. Premises shall be available to the City for regularly scheduled tours and, additionally, the City shall have the right to provide special tours for visiting parties 'or groups on an appointment basis. Lessee is responsible for furnishing and equipping the interior of the building. Lessor will maintain the lawn, vegetation and the exterior and structural components of the building, subject to the amounts funded for that purpose in each annual City budget. Lessee must maintain the interior of the Building and all personal property. Lessee shall provide at its own expense, janitorial, electrical, phone and security services during the term of this agreement. Lessor shall indemnify, and hold harmless the City of Corpus Christi, its officers, employees, contractors. and agents and maintain insurance coverage with the City as additional insured. Lessee shall have the right to terminate this Lease Agreement by giving the City ninety (90) days prior written notice. 2 70 AN ORDINANCE AUTttORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE YEAR LEASE WITH THE BAYPEST, INC. FOR THE USE OF THE GRANDE-GROSSMAN HOUSE, LOCATED AT 1517 N. CHAPARRAL, THE WEST OF 30' BY THE NORTH 20' OF LOT 4, THE WEST OF 30' OF LOT 5, THE EAST 50' BY NORTH 20' OF LOT 9, BEACH ADI)ITION, BLOCK 61, IN HERITAGE PARK, CORPUS CHRISTI, NUECES COUNTY ("PREMISES"), TOGETHER WITH ALL IMPROVEMENTS THEREON AS THEIR BUSINESS OFFICES, IN CONSIDERATION OF BAYPEST, INC. PAYING A MONTHLY FEE OF $478; AND PROVII)!NG FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CH RISTI, TEXAS: SECTION I. That the City Manager, or designee. is authorized to execute a four year lease with Baylest. Inc. for the use of the Grande-Grossman House located at 1517 N. Chapanal, the west of 30' by the north 20' of lot 4. the west of 30' of lot 5, the east 50' by north 20' of lot 9. Beach Addition. I}lock 61. in Heritage Park, Corpus Christi, Nueces County ("Premises"), together with all improvements thereon as their business offices. in consideration of Bayfest, Inc. paying a monthly fee of $478. A cop3' of the lease is on file xvith the City SecretaD,. SECTION 2. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chfisti. 71 CITY COUNCIL AGENDA MEMORANDUM February22, 2000 AGENDA ITEM: Authorizing the City Manager, or his designee, to execute Amendment No. 1 to a Fifteen Year Lease with MDC, Inc, (MDC) authorized by Ordinance No. 023806, which: a) Decreases the Premises to 80,134 S.F. ffonting Pinson Drive on the west side of the airport, substitutes new Exhibits A, B, C, J, and K; b) Increases the initial ,term by eight months to include construction time; c) Authorizes the Sublessee to remedy all defaults; d) Clarifies that MDC's pollution clean-up liability is limited to pollution it or its Sublessee causes; and e) Clarifies the type of environmental assessment to be conducted prior to start of construction; MDC is authorized to sublease the premises to Airborne Freight Corporation trader the same terms and conditions; and providing for publication. ISSUE: The existing lease agreement between the City and MDC, Inc., authorized by Ordinance No. 023806, became effective on December 19, 1999. MDC leased vacant land from the City to construct an air and truck freight terminal that, upon completion will be subleased to Airborne Freight Corporation. Since the effective date of the agreement, the City and MDC have agreed that an amendment to the lease is necessary to clarify certain parts of the lease and to correct information contained on several exhibits as detailed in the attached First Amendment to Lease Amreement and exhibits. PRIOR COUNCIL ACTION: On October 19, 1999, Council approved Ordinance No. 023806, authorizing the City Manager or Designee, to execute a fifteen year lease agreement with MDC, Inc. (MDC), with three 5 -year options to renew, for 82,064 square feet of vacant land fronting Pinson Drive on the west side of Corpus Christi International Airport, with the right to lease an additional 13,280 square feet., to construct a transportation terminal in consideration of MDC paying $.12 per square feet., of improved areas and $.05 per square feet.,of unimproved areas, adjusted every three years; further authorizing a sublease from MDC to Airborne Freight Corporation to operate a Transportation Terminal. REQUIRED COUNCIL ACTION. Council must approve amendments to lease agreements. RECOMMENDATION: Staff recomanends approval of the amendment as submitted. ADDITIONAL SUPPORT MATERIAL Background Information [] Con~xact Summary [] Ordinance/Resolution [] Map(s) [] ~in, Director of Aviation 73 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION February 22, 2000 BACKGROUND: Midwest Development Corporation Inc. CMDC, Inc.), on December 19, 1999 entered a lease agreement for 82,064 square feet offand at the Corpus Christi International Airport to construct an air and truck freight terminal, allowing MDC Inc. to sublease constructed facilities to Airborne Freight Corporation. Since the effective date of the agreement, the City and MDC Inc. have agreed that an amendment to the lease are necessary to clarify certain lease language, and modify existing lease exhibits. The attached First Amendment to Lease Agreement. provides revised lease language. Attached Exhibits A, B, C, J and K incorporate graphic and text changes and clarifications to the property boundaries, square footage, and the area referred to as "non- movement" for the purpose of operating vehicles within the aircraft operating area. 74 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AMENDMENT NO. 1 TO A FIFTEEN YEAR LEASE WITH MDC, INC. (MDC) AUTHORIZED BY ORDINANCE NO. 023806, WHICH: A) DECREASES THE PREMISES TO 80,134 S.F. FRONTING PINSON DRIVE ON THE WEST SIDE OF THE AIRPORT, SUBSTITUTES NEW EXHIBITS A, B, C, J, AND K; B) INCREASES THE INITIAL TERM BY EIGHT MONTHS TO INCLUDE CONSTRUCTION TIME; C) AUTHORIZES THE SUBLESSEE TO REMEDY ALL DEFAULTS; D) CLARIFIES THAT MDC'S POLLUTION CLEAN-UP LIABILITY IS LIMITED TO POLLUTION IT OR ITS SUBLESSEE CAUSES; AND E) CLARIFIES THE TYPE OF ENVIRONMENTAL ASSESSMENT TO BE CONDUCTED PRIOR TO START OF CONSTRUCTION; MDC IS AUTHORIZED TO SUBLEASE THE PREMISES TO AIRBORNE FREIGHT CORPORATION UNDER THE SAME TERMS AND CONDITIONS; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute Amendment No. 1 to a ill'teen year lease with MDC, Inc. (MDC), authorized by Ordinance No.023806, which a) decreases the Premises to 80,134 S.F. fronting Pinson Drive on the west side of the Airport, substitutes new Exhibits A, B, C, J, and K; b) increases the initial term by eight months to include construction time; c) authorizes the Sublessee to remedy all defaults; d) clarifies that MDC's pollution clean-up liability is limited to pollution it or its Sublessee causes; and e) clarifies the type of environmental assessment to be conducted prior to start of construction. All terms not amended remain the same as in the original Lease. A copy of Amendment No. 1 to the lease is on file with the City Secretary. SECTION 2. That MDC is authorized to sublease the Premises to Airborne Freight Corporation under the same terms and conditions. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. a a Exhibit A: Premises Midwestern Development Corp. Airborne Express Facility at I Corpus Christi International Airport 02/00 JOHN PINSON DRIVE (NE/SW) � G 47 U 67. Ref -nce m Unimprove ROAD Concrete j w F Line v N Improved 0 CL `Building 16 Be Built Private of 25'"o i C ry N enc e 67' 99 Concrete Total Leased Area: 80,134 s.f. (1.8396 acres) Reference at 67' from and perpendicular to the centerline of Northwest -Southeast Pinson Drive, 53' from an perpendicular to the centerline of (Northeast -South. .r) Pinson Drive. Premises Right of First Refusal Future Apron m C N X CL O L a > Q a U Q Q c O E(D �. a a m(D m > y `C ++ (D N C Q x L ) U N N CL X -0.0 o W :2 ¢ U o awl 9 ,n w z 0 z z 0 Ab'MIXdl 6ui;stx3 ,LZZ 0 yd LIE .og1, $i n panadwiun °a E of _ 19V N) 3AI60 NOSNId NHOf 77 E N 3 d c aci E E o " <o _c o d c m co JI; co N E � N w 2-1 fU0 O ` to N (I) 6u.Is, rA3 Gull aouaj CO U > O 4— x� ° N i C a) xC m x U C n C N E N U N O L LL m W o_o z xz Co x C U_ E (D ,LZZ 0 yd LIE .og1, $i n panadwiun °a E of _ 19V N) 3AI60 NOSNId NHOf 77 E N c 0 _c o d c 0 L_ C C U C C N E � N w 2-1 fU0 O ` to N (I) CO U > O n cZ mC w O N i C C N C CL C-` 00 -0 E N c (ON C n C N E N U N O L Q o_o cc C Co O_ C U_ E (D O N m Z C- F° N o C. ie 8 4 I JOHN PINSON DRIVE (NEISM 1 Exhibit C: Unimproved Property Midwestern Development Corp. Airborne Express Facility at Corpus Christi International Airport 02/00 C J 67 ncrolcl we I Unimpro f l l I i i ROAD bTConcrete i II!II I N Improved o — - CL _E Building ,25'ko i 127 9" 67' Concrete _..60 Total Unimproved Area: 10,275 s.f. (0.2323 acres) 9 Reference at 67' from and perpendicular to the centerline of Northwest -Southeast Pinson Drive, 28' from and perpendicular to the centerline of (Northeast-Southw--+) Pinson Drive. m N w NAOA New Fence Line % Non -Movement Area To Be Built Private Taxi Lane bA m Ei New Fence Line x AOA W CNon -Movement Area (D �� Unimproved Exhibit J: Location Midwestern Development Corp. Airborne Express Facility at Corpus Christi International Ajrbort 02/00 \, ,/ 1 a „1 Exhibit K: Aircraft Operation Area `V Midwestern Development Corp. Airborne Express Facility at Corpus Christi International Airport 02/00 JOHN PINSON DRIVE (NEISVV) J N C 67' I'Reference Unimpro m to ROAD b Concrete - - --- New Fence Line AOA > - I Non -Movement Area is 0 0 0 � o � o N improved m 0 0 a 2' E Building To Be Built Private Taxi Lane R Nof ay 25' tom 5' 127 - New Fence Line b7,:- 99- 60, Concrete iv Non -Movement Area I= Non -Movement Area w Note: Non -Movement Area: Radio communications with Tower/Ground Control for vehicle operations is not required for the designated AOA Non -Movement Area. Lessee shall have preferential ramp use for this AOA Non-Movem, 4rea in accordance with the current "Apron Use Agreement' form and subject to all FAA rules a, julations. ORDINANCE STATUS AGENDA ITEM: Authorizing the City Manager or his designee to execute a fifty-nine year lease with St. James Episcopal School to construct an aerial enclosed pedestrian bridge or skywalk across the Carancahua Street right-of-way between the main school building cn the east side and the annex building on the west side of Carancahua Street in consideration of the payment of $940 in rent for the first four year term, with the rent for subsequent five year terms being adjusted based upon the consumer price index. FIRST READING: January 25, 2000 Passed: 8-1 FINAL READING: February 22, 2000 COMMENTS: 81 CITY COUNCIL AGENDA MEMORANDUM I I DATE: January 18, 2000 AGENDA ITEM: a. Ordinance authorizing the City Manager, or his designee, to execute a fifty-nine year lease with St. James Episcopal School to construct an aerial enclosed pedestrian bridge or skywalk across the Carancahua Street right-of-way between the main school building on the east side and the annex building on the west side of Carancahua Street IN CONSIDERATION OF THE PAYMENT OF $940 IN RENT FOR THE FIRST FOUR YEAR TERM, WITH THE RENT FOR SUBSEQUENT FIVE YEAR TERMS BEING ADJUSTED BASED UPON THE CONSUMER PRICE INDEX; and providing for publication. b. Ordinoncc authorizing thc City Managcr, or his designoe, to exesutc a onc ycar leaoe with St. Jamcs Episcopal School to construct an aorial enclosed pedoctrian bridgo or skywalk across the Carancahua Strcct right of way bctwoen tho main sohool building on the cast sidc and the annex building on the west side of Carancahua Street in co~ ~s;deration of the paymcnt of $235 in rcnt; providing for publication; and declaring 3n cmcrGcncy. ISSUE: The permanent nature of a pedestrian walkway connector over the Carancahua Street right-of-way requires the developer and owner to enter into leases with the City. RECOMMENDATION: Staff recommends approval of the ordinances as presented. Director of Engineering Services Attachments: Exhibit A - Site Location Map 82 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OFCLOSUREAND BACKGROUND: Bright + Dykemas Architects, Inc., representing St. James Episcopal School, have requested that the City of Corpus Christi enter into a Lease Contract that permits the construction and use of a new, permanent, enclosed overhead pedestrian walkway across the Carancahua Street right-of-way (ROW). Sixty-year (60) leases have been previously entered into by the City with respective developers on existing pedestrian skyways that cross North Water Street, Leopard Street and Antelope Street. This new pedestrian walkway will enable the developer to connect the St. James Episcopal School Main Campus facilities and the St. James Episcopal School Annex facilities. Assuming approval of the Ordinance on the second reading, St. James Episcopal Schools' general contractor intends to request a building permit and start construction. Construction on the new pedestrian walkway structure itself would not begin until sixty (60) days following approval of the second reading and subsequent execution of the lease contract. St. James Episcopal School officials have advised that the project will be terminated if the lease contract is not approved by Council. The sixty-year lease provides for a permanent 780-square foot enclosed overhead pedestrian walkway or skywalk, which will cross Carancahua Street with a minimum clearance of 14 feet above the street pavement surface. All private franchised utilities and City Departments were contacted regarding the Lease Contract and none had any objections provided the applicant meets the conditions specified in the contract. Impact of Proposed Bridge on Carancahua Street Traffic: Presently, there are a significant number of St. James School students who cross Carancahua Street throughout the 7:30am - 4:00 pm hours of each school day. A midblock pedestrian signal was installed in 1985 to control and protect the pedestrian crossings. The City Traffic Engineer and the St. James School principal have discussed the effect that the planned bridge will have in largely reducing, but not completely eliminating, student and faculty pedestrian crossings. Both agree with the objective to remove the existing midblock signal, contingent on a traffic engineering study of the frequency and adequacy of gaps in vehicular traffic related to student crossings after the new bridge is constructed. The school zone speed limit reduction on Carancahua Street will remain in effect, after the traffic signal is removed. 83 Specified Conditions: St. James Episcopal School must fully indemnify and hold harmless the City for liability relating to the construction, existence, and use of the Skywalk. St. James Episcopal School will be required to maintain five million dollars of insurance to protect the City. St. James Episcopal School is fully responsible for the repair and equivalent replacement of existing City and private utility infrastructure in the event of damage to the same by subsequent building construction. St. James Episcopal School must submit a set of construction drawings for the proposed replacement of damaged infrastructure to the Director of Engineering Services a minimum of three (3) weeks prior to onset of construction repairs. Work on infrastructure repairs cannot begin until written approval has been given by the Director of Engineering Services. During construction, St. James Episcopal School is required to keep at least one sidewalk open for pedestrians and at least one traffic lane open in both directions for vehicles using Carancahua Street. Lease Contract Fee Schedule: A Present Value calculation was used in conjunction with a 10% lease rate of return on the adjusted appraised value of the aerial footprint to calculate the land use portion of the annual lease rents. Ninety (90) days prior to the anniversary of the fifth year of the 59 year lease, a new 5 year lease payment will be calculated using the same procedure and sent by the City to the owner for remittance. See attachment (4) for fee calculation. A lease contract fee in the amount of $235 must be paid by St. James Episcopal School for the one year lease contract upon adoption of the Ordinance by City Council. A separate payment in the amount of $940 for years 1 through 4 must be paid at the time the Ordinance is approved in order for the 59-year lease contract to go into effect. St. James Episcopal School has been advised of and concurs with all the conditions of the lease contract. RECOMMENDATION: Approval of the ordinances as presented. 84 Ct ~AR~< AVE. _ ~ 60.00' 780 SF pORTION OF CARANCAHUA ST. 60.00' ST N CHURCH OF THE r...,~6 CROSSING EXHIBIT JAMES EPISCOPAL SCHOOL EXHIBIT A LEASE CONTRACT ST; JAMES EPISCOPALSCHOOL AERIAL SKYWALK- LEASECONTRACT ST. JAMES EPISCOPALSCHOOL AERIAL S!,~(WALK AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIFTY-NINE YEAR LEASE WITH ST. JAMES EPISCOPAL SCHOOL TO CONSTRUCT AN AERIAL ENCLOSED PEDESTRIAN BRIDGE OR SKYWALK ACROSS THE CARANCAHUA STREET RIGHT- OF-WAY BETWEEN THE MAIN SCHOOL BUILDING ON THE EAST SIDE AND THE ANNEX BUILDING ON THE WEST SIDE OF CARANCAHUA STREET IN CONSIDERATION OF. THE PAYMENT OF $940 IN RENT FOR THE FIRST FOUR YEAR TERM, WITH THE RENT FOR SUBSEQUENT FIVE YEAR TERMS BEING ADJUSTED BASED UPON THE CONSUMER PRICE INDEX; AND PROVIDING FOR PUBLICATION. WHEREAS, the installation of the aerial enclosed pedestrian bridge or skywalk (Skywalk) across the Carancahua Street right-of-way between the St. James Episcopal School Main Campus Bufiding on the East side o£ Carancahua Street and the St. James Episcopal School Annex Building on the West side of Carancahua Street. will not require the installation of any support columns in any City sidewalk or street fight-of-way or easement; and WHEREAS, no part of the Skywalk will be located on, extend onto, or intrude on any part of the Carancahua Street fight-of-way or any part of the adjacent sidewalks WHEREAS, the Skywalk will not in any way interfere with vehicular or pedestrian travel on Carancahua Street or pedestrian travel on the adjacent sidewalks; and WHEREAS, in order to satisfy the requirements of Chapter 316 Texas Transportation Code (1999), the City Council makes the following findings; and WHEREAS, the City Council finds that the Skywalk will not be located on, extend onto, or intrude on the "roadway" portion of Carancahua Street fight-of-way or any part of the adjacent sidewalks needed for pedestrian use; WHEREAS, the City, Council finds that the installation of the Skywalk will not create a hazardous condition or obstruction of vehicular or pedestrian travel on Carancahua Street or pedestrian travel on the adjacent sidewalks; WHEREAS, the City Council finds that the design and location of the Sk.vwalk includes all reasonable planning to minimize potential injury or interference to the public in the use of Carancahua Street and the adjacent sidewalks; WHEREAS, the City Council finds that the use of the Skywalk will not interfere with the public use of Carancahua Street or adjacent sidewalks; and H:\LEG-DIR\VERONICA\DDCURTIS\MYDOCSX2000\SKYWALt~ES\SJMSORD2-DOC 2 WHEREAS, the City Council finds that the use of the Skywalk will not create a dangerous condition on Carancahua Street or the adjacent sidewalks; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute a fifty-nine year lease with St. James Episcopal School to construct an aerial enclosed pedestrian bridge or skywalk (Skywalk) across the Carancahua Street right-of-way between the St. James Episcopal School Main Campus Building on the East side of Carancahua Street and the St. James Episcopal School Annex Building on the West side of Carancahua Street in consideration of the payment of $940 in rent for the first four year term, with the rent for subsequent five year terms being adjusted based upon the consumer price index. A copy of the lease is on file with the City Secretary. SECTION 2. The lease is to begin on January 25.2001, and will end on January 24, 2060. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charier of the City of Corpus Christi. H:\LEG-DIR\VERONICA\DDCURTIS\MYDOCSk2000\SKYWALK.LES\SJMSORD2,DOC 88 ORDINANCE STATUS AGENDAITEM: Authorizing the City Manager or his designee, to execute a five year lease with the Lady Lex Museum on the Bay Association ('Museum') to berth the U.S.S. Lexington for its operation as a museum on a portion of the submerged lands patented to the City in January 1924, being roughly bounded by Breakwater Avenue, Bridgeport Avenue, the Breakwater. and the Bay, and a portion of the adjacent beach, as shown on the attached exhibit A, in consideration of the museum paying $1 per year, in advance FIRST READIN G: January 25, 2000 Passed: 7- 0 ( 2 absent) FINAL READING: February 22, 2000 COMMENTS: 89 CITY COUNCIL AGENDA MEMORANDUM January20,2000 AGENDA ITEM: Authorizing the City Manager, or his designee, to execute a five year lease with the Lady Lex Museum on the Bay Association ("Museum") to berth the U.S.S. Lexington for its operation as a Museum on a portion of the submerged lands patented to the City in January 1924, being roughly bounded by Breakwater Avenue, Bridgeport Avenue, the breakwater, and the bay, and a portion of the adjacent beach, as shown on the attached Exhibit A ("Premises"), in consideration of the Museum paying $1 per year, in advance; and providing for publication. ISSUE: The Lady Lex Museum on the Bay Association operates the Lexington Museum on submerged lands located on Corpus Christi Bay owned by the City. The existing lease expires in June 2002. Since the Museum has been under the supervision of the Alliance and the Alliance is terminating, it is appropriate 'for a new lease to be instituted that will delete the Alliance from the Museum lease and place additional City safeguards. Any lease requires Council action. CONCLUSION AND RECOMMENDATION: We recommend that the Council approve the new lease with the Museum which will replace the existing lease. W. Thomas Utter Assistant City Manager 90 BACKGROUNDINFORMATION The Lady Lex Museum on the Bay Association operates the USS Lexington Museum on submerged lands located in Corpus Christi Bay that are owned by the City. The first lease was authorized February 18, 1992, and it has previously been extended on two occasions, with the current lease term ending June 30, 2002. In 1992, the City of Corpus Christi issued its Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation in the amount of $3,000,000 to fund the construction of the pier and infrastructure required for the Museum. The Corpus Christi Area Convention & Visitors Bureau at that time agreed to pledge its portion of the Hotel/Motel Tax Funds to the payment of the Bonds if revenues from the Lexington Museum were not sufficient to cover debt service. When the Greater Corpus Christi Business Alliance was formed in 1994, that obligation was assumed by the Alliance. As part of the arrangement for issuance of the Bonds, the Bylaws for the Lady Lex Museum on the Bay Association were amended to provide that appointment of the Board of Directors and adoption of the annual budget for the Museum were subject to the approval of the Convention & Visitors Bureau. That function also was assumed by the Alliance as part of the consolidation. When the Certificates of Obligation were issued in connection with development of the Santa Maria Plaza, the pledge of the Hotel/Motel Tax Revenues by the Alliance for the Lexington was released and replaced with a similar pledge for the Columbus Fleet Association. The Lexington Museum always has made its debt service payments on time for the $3,000,000 Lexington Bonds, and the City never has had to utilize Hotel/Motel Tax funds for any Lexington Bond payments. The provisions in the Bylaws, however, concerning approval of the Board of Directors and annual budget by the Alliance were never changed. With the reorganization of the Alliance into three separate entities, we need to clarify the reporting requirements and the relationship with the Lady Lex Museum on the Bay Association. The proposed new lease agreement includes three new provisions concerning the annual budget, events of default and available remedies in favor of the City. With these provisions in place, The Lexington Museum will no longer need to be under the oversight of the Alliance or the Bureau or some other entity: 91 1. The Association will submit to the City's Director of Finance a copy of its annual budget each year. 2. The Association will continue to file quarterly operating statements and an audited annual financial report with the City's Director of Finance. 3. The following events will be considered events of default under the Lease: (a) Failure to deliver the bond debt service payment to the City at least thirty days prior to the date it is due. (b) Failure to deliver to the City at least thirty days prior to the due date the amount of any mandatory sinking fund deposit required under the Bonds. (c) Failure to maintain in its restricted reserve accounts an amount equal to one year's debt service on the Bonds. (d) Reporting a net operating loss for any fiscal year. (e) Failing to address any material condition maintenance deficiency as reflected in the annual inspection report by the U. S. Navy by the time of the next inspection report. (f) Any other default under the Lease. In the event of any of the above defaults, the City will have the ability to enforce a remediation plan with the Association to remedy the problem. If the remediation plan is not successful, the City may require a change in the membership of the Board of Directors of the Association or its management in order to address the situation. The City Charter allows leases of Corpus Christi Bay Areas for periods up to five years. This new amended lease will extend the lease term to June 30, 2005. 92 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE YEAR LEASE WITH THE LADY LEX MUSEUM ON THE BAY ASSOCIATION ("MUSEUM")TO BERTH THE U.S.S. LEXINGTON FOR ITS OPERATION AS A MUSEUM ON A PORTION OF THE SUBMERGED LANDS PATENTED TO THE CITY IN JANUARY 1924, BEING ROUGHLY BOUNDED BY BREAKWATER AVENUE, BRIDGEPORT AVENUE, THE BREAKWATER, AND THE BAY, AND A PORTION OF THE ADJACENT BEACH, AS SHOWN ON THE ATTACHED EXHIBIT A, IN CONSIDERATION OF THE MUSEUM PAYING $1 PER YEAR, IN ADVANCE; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, 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 lease with the Lady Lex Museum on the Bay Association ("Museum") to berth the U.S.S. Lexington for its operation as a museum on a portion of the submerged lands patented to the City in January. 1924, being roughly bounded by Breakwater Avenue, Bridgeport Avenue, the Breakwater. and the Bay, and a portion of the adjacent beach, as shown on the attached Ex_hibit A ("Premises"), in consideration of the Museum paying $1 per year in advance. A copy of the lease is on file with the City Secretary. SECTION 2. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 93 CITY COUNCZL AGENDA Ivi ,HORANDUM February 18, 2000 AGENDA ITEM: Motion auffiodzing the City Manager or designee to execute an amendment to the agreement with the Corpus Chdsti Regional Economic Development Corporation (EDC) to increase the number of members of the Executive Board from twelve to fourteen by appointing the Mayor and County Judge as ex-officio directors. ZSSUE: Prior to final approval of its contmct with the City, the EDC Intedm Board proposed an amendment that would increase the number of Executive Board members by appointing the Nayor and County 3udge as ex-offido voting members. The proposed amendment must be approved by the City Council BACKGROUND: The reorganization of the Business Alliance has resulted in the establishment of an autonomous entity which has contracted with the City to provide economic development sen/ices to the Corpus Chdsti area. Dudng the EDC's February 17, 2000 Meeting, the Intedm Board proposed an increase in the number of directors on its Executive Board by appointing the Mayor and County 3udge as e.x-officio, voting directors. The amendment increases the number of directors to fourteen from twelve as approved by Coundl on 3anuary 25, 2000. The proposed amendment is reflected in the revised contract under General Provisions and is attached for your review. ~nager ADDITIONAL SUPPORT MATERIAL Revised Contract 95 FINAL CONSULTING SERVICES AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENTS This Consulting Services Agreement is executed by and between the City of Corpus Christi, Texas, a municipal corporation (hereinaf~er the "City") and the Corpus Christi Regional Economic Development Corporation, a Texas nonprofit corporation organized for the purpose of promoting economic development of the Corpus Christi area (hereinafter the "Contractor"). 1. Description of Services. Contractor agrees to provide professional services to the City in the area of economic development. Contractor will organize, coordinate, and lead the expansion of the Corpus Christi area's economic base through actions and programs that encourage and cause retention, expansion, and recruitment of industrial, manufacturing, distribution, and service employers. The professional services to be performed by Contractor may include the following: (a) Create and implement programs and strategies designed to promote the prosperity of, retention of, and expansion of existing industries and business enterprises. (b) Aggressively recruit and promote the Corpus Christi Bay area to prospects for new industries and business enterprises, particularly those which would substantially increase employment. (c) Negotiate, subject to the approval of the city council of the City or other applicable jurisdictions, attractive, sound, and economically viable incentives designed to foster the maintenance and expansion of existing industries and business enterprises as well as the inducement of new ones. (d) Advise and update the City of Contractor's status and progress on a quarterly basis. (e) Undertake, from time to time, contingent upon both funding and resources, and at the direction of Contractor's board of directors: (1) developing information and conducting research on area and regional economics, finance, education and training, housing, planning, development, and other similar areas of public concern which are deemed necessary to further its efforts; (2) assisting in the dissemination of pertinent local information by using a broad range of delivery vehicles as deemed prudent and effective: and (3) participating, in conjunction with the South Texas Military Task Force, in periodic efforts to ensure the retention of military facilities in the Corpus Christi Bav area. 96 (/') Conduct any and all other lawful activities which aid, assist, and enoouragc the economic prosperity and development of the City. 2. Records. Contractor agree~ to record the revenues received from the City for economic developnumt services as a portion of its general revenues on its books of account. Contractor agrees to record all of its revenues and expenditures in financial statements prepared in accordance with gengraily accepted accounting principles, which financial statements shall be made av_aj!able to the City upon request. 3. Revorts. Quarterly on dates designated by the City Manage~, Contractor shall furnish to the CRy a performance report of its economic development sexvices performed pursuant to this Agreement which shall reflect overall activity, meetings, contaots and other acdvlties conducted by Contractor, such reports axe to include such data as may be reasonably required by the City. Any communications or contacts which are of a ennfidential nature shall be limited to a general description only. 4. Compensation. The City agrees that for the economic development services performed by Contractor, the City shall pay to Co.haCtor the sum of $375,000.00 for the initial period covered by this Agreement and thereaRer that amourIt sot by the City in its annual budget each year for compensaion under this Agreement. The fees and expenses due for economic development services under this provision shall be payable in quarterly inst. llments. A report of the activities of the Contractor shall be provided with each invoice. General Provision~ 1. Directors. (a) The city council of the City shall be entitled to nominate three (3) of the members of the board of directors of Confxactor, which persons may be City Council members or other public officials. Such directors shall serve three-year terms staggered as provided in Contractor's bylaws; provided that the term of office of any director who is a public official shall coincide with his or her team ofpubfic office. Also, the City Manager shall serve as an ex=officio, non-voting member of the board of directors of Contractor. (b) Each of the above directors nominated by the City shall be dected to the board of directon of Contractor by the majority vote of its board. In the event Contractor falls to elect any such directors, such failure shall constitute a bre~ch of ffiis Agreement and all funding by the City shall be terminated. (c) The remainder of Contractoes board of direr:ors shall be comprised of not more than six (6) persons elected by Contractors memb~hip in accordance with its bylaws, a~t three (3) appointed by other governmental emities, and the Mayor of the Ci~ and the County ]ud~,e of Nuecea County. In the event the City fails to renew this Agreement or make the annual appropriations required under this Agreement, ~11 directors nominated by the City and appointed by Contractor shall forfeit their remaining terms of office. 2. Contracts. The City and Contractor agree that in no event shall the City be liable for any contracts made by Contractor with any person, firm, corporation, association or governmental body. 97 I:D,'OI:::~:~E~ 3. Non~liabilitv. The City and Contractor agree that in no event shall the City be liable for any damages, injuries, or losses charged to or adjudged against Contractor arising from its operations, or the use or maintenance of its facilities. 4. Annual Appropriations. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council and that each fiscal year's funding must be included in the budget for that year and is not effective until so approved by the City Council. 5. Novation. This Agreement constitutes a novation and supersedes all other contracts and understandings previously made between the City and the Greater Corpus Christi Business Alliance. 6. Term. The term of this Agreement shall commence as of January 1, 2000, and it shall continue until July 31, 2000, subject to earlier termination as provided heroin., and subject to renewal automatically on an annual basis thereafter. The parties acknowledge that a portion of the funding provided above during the City's 1999-2000 fiscal year has already been provided under that prior agreement between the City and the Greater Corpus Christi Business Alliance, and for the purposes of the City's current fiscal year, this Agreement covers only the remaining portion of such funds. 7. Termination. Either party may terminate this Agreement at any time for any reason by giving one year's prior written notice to the other party. 8. Chan~e of Name. Contractor specifically reserves the right to change its name as a corporate entity and do business under one or more assumed names in compliance with the laws of the State of Texas. No such change of name or use of additional names shall be deemed a modification of this Agreement. 9. Equal Opportunitv Employer. Contractor agrees to abide by the equal opportunity requirements of the City for its contractors and shall: (a) treat all applicants and employees without discrimination as to race, color, religion, sex, national origin or disability; and (b) identify itself as an "equal opportunity employer" in all help-wanted advertising or requests. 10. Notices. All notices, requests or other communications related to this Agreement shall be made in writing and may be given by: (a) depositing same in the United States Mail, postage prepaid, certified, return receipt requested, addressed as set forth in this paragraph; or (b) delivering the same to the party to be notified Notice given in accordance with (a) hereof shall be effective upon deposit in the United States mail The notice addresses of the parties shall, until changed as provided herein, be as follows: City: City of Corpus Christi, Texas 1201 Leopard Street P. O. Box 9277 Corpus Christi, Texas 78469 Attn: City Manager 3 98 Contractor: Corpus Chiisti Regional Economic Development Corporation 1201 Shoreline Drive P. O. Box 640 Corpus Christi, Texas 78403 Attn: President 11. Severability. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this Agreement 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 Agreement, for it is the definite intent of the parties that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 12. Lawful Service. The parties mutually agree that the services provided under this Agreement are lawfully authorized services which the City is purchasing from Contractor. 13. Modifications and Counterparts, No amendments, modifications or other changes to this Agreement shall be valid or effective absent the written agreement of the parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. EXECUTED on the dates indicated below but effective as of the 1st day January, 2000. CORPUS CHPdSTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION By: Chairman of the Board CITY OF CORPUS CHRISTI, TEXAS By: David R. Garcia City Manager ATTEST: By: City Secretary APPROVED AS TO LEGAL FORM: This 3o day of ,7~ ,---, ,2000 James R. Bray, Jr., City Attorney By: A~i~Citv~Atto~m Date: Date: Contractor: Corpus Christi Regional Economic Development Corporation 1201 Shoreline Drive P. O. Box 640 Corpus Christi, Texas 78403 Attn: President 11. Severability. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this Agreement 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 Agreement, for it is the definite intent of the parties that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 12. Lawful Service. The parties mutually agree that the services provided under this Agreement are lawfully authorized services which the City is purchasing fi'om Contractor. 13. Modifications and Counterparts. No amendments. modifications or other changes to this Agreement shall be valid or effective absent the written agreement of the parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. EXECUTED on the dates indicated below but effective as of the 1st day January, 2000. CORPUS CHILISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION By: Date: Chairman of the Board CITY OF CORPUS CHRISTI, TEXAS By: David R. Garcia City Manager ATTEST: By: City Secretary APPROVED AS TO LEGAL FORM: This '150 day of ~1"~--, ,2000. James R. Bray, Jr., City Attorney Date: 100 AGENDA MEMORANDUM February 14, 2000 SUBJECT: Discovery Hall Addition to the Corpus Christi MuSeum of Science and History Project ~t4155 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with B. E. Beecroft Company, Inc. for a total fee not to exceed $804,000 for the Discovery Hall Addition to the Corpus Christi Museum of Science and History. ISSUE: Plans and specifications have been completed for the proposed expansion of the Corpus Christi Museum. The project has been bid and construction is ready to begin. FUNDING: Funding is available in the FY99-00 Museum Capital Projects Fund. RECOMMENDATION: Approval of the motion as presented. Rick Stryker Museum Director /5,n~.E~scobar, P.E. z~/~,,~,~ Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A: Background Informaljon Exhibit B: Project Budget Exhibit C: Bid Tab Summary Exhibit D: Localjon Map Discovery Hall - Corpus Christi Museum Page 1 of 1 H:~OME\SHELBY%GEN~AG99~v1USEUM\DISCOVRY~CONS-AWD.M 101 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Discovery Hall Addition to the Corpus Christi Museum of Science and History (Project #4155) PRIOR COUNCIL INFORMATION: June 23, 1998 - Motion authorizing the City Manager, or his designee, to execute the Museum Donation Agreement with the Coastal Bend Community Foundation, providing $1,000,000 for the design and construction of the Discovery Hall Addition to the Corpus Christi Museum of Science and History (M98-213). June 23, 1998 - Motion authorizing the City Manager, or his designee, to execute the Escrow Receipt with Mercantile Bank, N.A. and the Coastal Bend Community Foundation, providing for payment of all expenses relating to construction of the Discovery Hall Addition to the Corpus Christi Museum of Science and History and related exhibits (M98-214). November 10. 1998 - Motion authorizing the City Manager, or his designee, to execute a contract for architectural and engineering services with Bright + Dykemas Architects, Inc. for a total fee not to exceed $69,000 for the Discovery Hall Addition to the Corpus Christi Museum of Science and History (M98-379). July 20. 1999 - Approval of the FY99-00 Capital Budget lord. No. 023703). BACKGROUND INFORMATION: An expansion housing exhibits on exploration and settlement of South Texas is proposed for the Corpus Christi Museum of Science and History. The new exhibits will focus on the accomplishments of Spanish, French and Irish settlers who established early settlements in South Texas. Artifacts from LaSalle's ship, Belle, will be featured. The Friends of the Corpus Christi Museum are raising funds to support exhibit fabrication and installation. The project is funded with a $1,000,000 contribution from Janet and Ed Harte through the Coastal Bend Community Foundation. PROJECT DESCRIPTION: The project consists of a 2,800 s.f. addition to the Museum, including demolition, concrete foundation, structural steel framing, natural stone, exterior copper panels, steel doors and frames complete with hardware, gypsum board, ceramic tie, resilient tile, painting, air conditioning, and electrical, including fixtures. H:\HOME~SHELBY~GEN~AG99~IUSEUM~DISCOVRY~CONS-AWD.BKG Exhibit "A" I Page 1 of 2 102 BID INFORMATION: The project consists of the base bid and six additive alternates. The City received proposals from 6 bidders on January 19, 2000, with bids ranging as follows: ITEM BID RANGE Base Bid Additive Alternate No. 1 Additive Alternate No. 2 Additive Alternate No. 3 Additive Alternate No. 4 Additive Alternate No. 5 Additive Alternate No. 6 $660,000 to $722,751 $101,000 to $103,155 $43,000 to $49,252 $40,000 to $42,412 $4,000 to $7,500 $19,454 to $30,000 $55,000 to $72,720 B. E. Beecroft Company, Inc. of Corpus Christi, Texas is the low bidder on the total of the Base Bid ($660,000) plus all of the additive alternates (totaling $276,500). Southern Contracting, Inc. of Corpus Christi, Texas withdrew its bid due to an error in calculation of the bid items. The bids submitted by Bracco Construction and Winship Construction, Inc., both of Corpus Christi, are considered non-responsive due to insufficient bid bonds. B. E. Beecroft Company, Inc. has satisfactorily 9erformed many jobs for the City and is recommended for this contract award of the Base Bid ($660,000) and Additive Alternates No. 1 and No. 2 (totaling $144,000) for a grand total construction contract amount of $804,000. Award of Additive Alternates 3-6 is not recommended at this time. Based upon detailed plan review after bid opening, it was determined that it may be possible to achieve cost savings through a deductive change order. If such cost savings are realized, the award of one or more of the additive alternates by change order will be possible. B E. Beecroft Company is the low bidder regardless of which combination of additive alternates are ultimately awarded. If necessary, Council will be requested to authorize the award of one or more additive change orders. CONTRACT TERMS: The project will be constructed in three phases, the second phase interrupting construction so that Museum staff may install the 16th century Mude'jar ceiling from Spain. The contract specifies that the working time for project completion will be as follows: · Phase 1 240 calendar days · Phase 2 45 calendar days · Phase 3 80 calendar days H:',HOMBKEVINS~GEN',MUSEUM\DISCOVER\CONS-AWD.BKG 103 Page 2 of 2 DISCOVERY HALL ADDITION TO THE MUSEUM OF SCIENCE AND HISTORY Project No. 4155 Project Budget February 17, 2000 FUNDS AVAILABLE: FYg9-00 Museum Capital Projects Fund .............................. $1,000,000,00 FUNDS REQUIRED: Construction Contract: Base Bid ........................................ 660,000.00 Additive Alternate No. 1 ............................. 101,000.00 Additive Alternate No. 2 ............................. 43,000.00 Total Construction Contract (B.E. Beecroft Company, Inc.) ................ 804,000.00 Mudejar Ceiling Restoration and Installation ........................... 42,478.22 Contingencies ................................................... 68,966.78 Consultant (Bdght + Dykemas) ................................... '... 69,C 3 Texas Department of Licensing and Regulation ......................... 7~. ~0 Administrative Reimbursements ..................................... 1,300.00 Engineering Services: Design Liaison and In-house Services .................. 1,500.00 Survey .......................................... 4,000.00 Construction Inspection ............................. 1,000.00 Total Engineering Services ......................................... 6,500.00 Testing ........................................................ 5,000.00 Incidental Expenses (Printing, Advertising, FedEx, etc.) ................... 2,000.00 Total .......................................................... $1,000,000.00 104 Exhibit "B" Page 1 of 1 TABULATION ,DS Page 1 of 4 DEPARTMENT OF ENGINEERING - CITa F CORPUS CHRISTI, TEXAS 'ABULATED BY, Angel R.Eecobar, P.B., Director of Engineering Services DATB, Wednesday, January 19, 2000 TIME OF COMPLETION, Ph1-240CD, Ph2-45CD, Ph3-80CD ENGINEER'S ESTIMATE, $427,500 DISCOVERY HALL MUSEUM OF SCIENCE S HISTORY PROJECT NO. 4155 B.E.Beecroft CoInc PO Box 2643 1 CC, TX 78403-2643 Barcom Commercial Inc 1710 SPID -B CC, TX 78416 -Southern Contracting Inc 521 McBride Lane CC, TX 78410 DESCRIPTION QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TOTAL BASE BID: To furnish all labor $660,000.00 $722,751.00 -$425.000.00 and materials, tools, and necessary equipment, and to perform the work required; at the locations set out by the plane and specs and in strict accordance with the contract documents. Includes all work excluding work specified in Alternates 1 thru 6. ADDITIVE ALTERNATE BID ITEM NO 1, $101,000.00 $103,155.00 $125,000.00 Stone Work: Refer to Sheets A2.1, A3.1, A3.2, A.3.3, A5.1, and A6.1, provide all carved atone Columns, banes, capitals, and stone arches. AP19—T-1f6_ALTERNATB BID ITEM N" $43,000.00 $49,252.00 $57,320.00 lip r Tile. Refer to Sheet A6.1, provide all stone floor tile and base, floor tile and floor tile decor. ADDITIVE ALTERNATE BID ITEM NO.3, $40,000.00 $42,412.00 $52,190.00 Wall Tile, Refer to Sheets A2.1, A3.2, A3.3, and A5.1, provide all the wainscot. TABULATION OF BIDS Page 2 of 4 DEPARTMENT OF ENGINEERINU - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY, Angel R.eecobar, P.R., Director of Engineering Services DATE, Wednesday, January 19, 2000 TIME OF COMPLETION, Ph1-240CD1 Ph2-45CD, Ph3-80CD ENGINEER'S ESTIMATE, $427,500 DISCOVERY HALL MUSEUM OF SCIENCE 6 HISTORY PROJECT NO. 4155 B.E.Beecroft Cc Inc PO Box 2643 CC, TX 78403-2643 Barcom Commercial Inc 1710 SPID -B CC, TX 78416 •Southern Contracting Inc 521 McBride Lane CC, TX 78410 DESCRIPTION Q'IY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT ADDITIVE ALTERNATE BID ITEM N0.4, $7,500.00 $4,000.00 $4,802.00 Exterior Lighting: Provide $4,000 allowance for additional exterior lighting, to include poles, fixtures, conduit, and wiring. If alternate is selected, Owner shall specify fixtures and locations. This alternate is in addition to the light pole shown on the plane, which shall be a part of the base bid. ADDITIVB ALTERNATE NO.S) $30,000.00 $19,454.00 $18,390.00 Fire Sprinkler Systam, Refer to Sheets MEP -1, P-1, P-2. The fire sprinkler system, including the fire line from the City water main, the fire riser, all piping and heads, and the electrical outlet for the air - compressor shall be bid as this additive alternAte. ADDITIVE ALTERNATE NO.6, $55,000.00 $72,720.00 $33,300.00 Landscaping, Provide all landscaping and bed preparation, brick walks, retaining walla, tables, and finish grading, and additional drain inlet and piping as indicated on Sheet L1-1. TOTAL BASE BID ♦ ADD ALTS 1-6, $936,500.00 $1,013,744.00 +$716,002.00 _--..-_.-...... �.. ... .r - ..�..,o o. ......... o.... ..r .,..»o........ ... .... .,y. ..ue .v errwr in roar urs cion or ora nems. TABULATIOl ,IDS Page 3 of 4 DEPARTMENT OF ENGINEERING - CI.- OF CORPUS CHRISTI, TEXAS TABULATED BY, Angel R.Escobar, P.E., Director of Engineering Services DATE, Wednesday, January 19, 2000 TIME OF COMPLETION, Ph1-240CD, Ph2-45CD, Ph3-80CD ENGINEER -B ESTIMATE, $427,500 DISCOVERY HALL MUSEUM OF SCIENCE 6 HISTORY PROJECT NO. 4155 --Bracco Construction Cc PO Box 7067 CC, TX 78467 --Winship Construction Inc 5019 Ambassador Row CC, TX 78416 DESCRIPTION QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AHO UNT TOTAL BASE BIp: To furnish all labor $584,000.00 $610,000.00 and materials, tools, and necessary equipment, and to perform the work required; at the locations net out by the plans and specs and in strict accordance with the contract documents. Includes all work excluding work specified in Alternates 1 thru 6. ADDITIVE ALTERNATE BID ITEM NO.l, $951000.00 $100,977.00 Stone Work: Refer to Sheets A2.1, A3.1, A3.2, A.3.3, A5.1, and A6.1, provide all carved stone columns, bases, capitals, and stone arches. ADDITIVE ALTERNATE BID ITEM NO.2, $42,000.00 $44,158.00 FIJAor Tils, Refer to Sheet A6.1, provide all stone floor tile and base, floor tile and floor tile decos. ADDITIVE ALTERNATE BID ITEM ljQ,}, $35,000.00 $41,546.00 Wall Tile, Refer to Sheets A2.1, A3.2, A3.3, and A5.1, provide all tile wainscot. TABULATION OF BIDS Page 4 of 4 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 1•ingal R.Recobar, P.B., Director of Engineering Bervicee DATE: Wednesday, January 19, 2000 TIME OF COMPLETION: Ph1-240CDf Ph2-45CDf Ph3-80CD ENGINEER'S ESTIMATE: $427,500 DISCOVERY HALL MUSEUM OF SCIENCE & HISTORY PROJECT NO. 4155 --Bracco Construction Cc PO Box 7067 CC, TX 78467 --Winship Construction Inc 5019 Ambassador Row CC, TX 78416 DESCRIPTION QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT ADDITIVE ALTERNATE BID ITEM NO.4: $5,300.00 $4,000.00 Exterior Lighting: Provide $4,000 allowance for additional exterior lighting, to include poles, fixtures, conduit, and wiring. If alternate is Selected, Owner shall specify fixtures and locations. This alternate is in addition to the light pole shown on the plans, which shall be a part of the base bid. EP121TIVE ALTERNATE N0.5, $28,600.00 $19,952.00 Fire sprinkler Syeteml Refer to Sheets MEP -1, P-1, P-2. The fire sprinkler system, including the fire line from the City water main, the fire riser, all piping and heads, and the electrical outlet for the air - compressor shall be bid as this additive alternAte. APPITIVE ALTERNATE NO.6, $42,000.00 $50,000.00 Landeeapingl Provide all landscaping and bed preparation, brick walks, _ retaining walls, tables, and finish grading, and additional drain inlet and piping as indicated on Sheet L1-3. TOTAL BASE BID a ADD ALTS 1-6: $531,900.00 $670,633.00 •.Por 1nan..ew tins nnly - ran. -o. w..,,...f .,. efw a... ... ._-..s wa _, __. .,. ..__. _. 'J_S 0 ~ZFp , r W : W ~\ Z 0 J Ld 0 o \ E 0 \ AGENDA MEMORANDUM February 18, 2000 SUBJECT: "Competitive Action Plan" for the Water and Wastewater Treatment Plants AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a contract with EMA Services, Inc. for a total fee not to exceed $124,450 to develop a "Competitive Action Plan". ISSUE: The cost of operating and maintaining the O. N. Stevens Water Treatment Plant and six Wastewater Treatment Plants must be reduced to achieve operational efficiency and minimize future rate increases. RECOMMENDATION: Approval of the motion as presented FUNDING: Funds for the project are available from the Water and Wastewater Departments FY1999-2000 Operating Budget. Date Assistant City Manager Additional Support Material: Exhibit A: Additional Information Exhibit B: KPMG Letter Exhibit C: Contract Summary 111 ADDITIONAL INFORMATION BACKGROUND: At the October 12, 1999 City Council meeting, the City Manager recommended a "re-engineering" effort for the water utilities, to be followed one year later by initiation of a process to consider contract operations and maintenance of the O.N. Stevens Water Treatment Plant and the six wastewater treatment plants. No decision was made at that time because of concerns regarding cost and impact of privatization on the General Fund. See KPMG letter - Exhibit B. A revised approach was developed to use a multi-faceted plan drawing on existing resources. The new approach addresses the City Council's concerns by reducing the scope and cost, and by focusing explicitly on service level definition and measurement. OPERATIONAL EFFICIENCY: Staff has continued with efforts to increase operational efficiencies. This included a reevaluation of the proposal presented in October. This resulted in a reduction of the consultant's scope that is significantly less expensive than initially presented. PROPOSED PROGRArvI: The preposed contract relies on the use of existing City existing resources. The proposed program focuses personnel, chemicals, and energy. These three areas represent the areas of greatest expenditure with most opportunity for control. We are now incorporating into engineering design contracts requirements to estimate the annual operating budget impact of implementing capital projects. The City' s design engineers are also now required to recommend operational improvements for the areas in which they are providing design work. This approach enables us to analyze operational efficiency without needing additional consultants to review these expenditures. Examples of current capital projects that will benefit from these contract revisions include improvements to: 1. chemical processes; 2. automated processes (e.g. SCADA); and 3. energy utilization. EMA CONTRACT: The services to be completed by EMA will focus on: 1. staffing levels; 2. staffing utilization; and 3. levels of service. To ensure our customers continue to receive high levels of service, precise definitions of services and service levels are critical. This is especially true with contract operations. EMA will assist us to define and measure our current levels of service, and will thus help set the stage to issue Requests for Proposals (RFP) for contract operations. Such work will be required to draft a proposed operating agreement, which must be included in a RFP for contract operations. A key component of EMA's work will be to define expected levels of service and baseline operating parameters. Without precise definition of expectations in contract operations, there is a high probability of subsequent contract changes and fee increases by the for-profit firms because of Exhibit A Page I of 2 112 changed conditions or vaguely defined levels of expected service. This has been the experience of many cities, and such changes always result in smaller than anticipated savings from contract operations. A contract and fee summary is attached as Exhibit C. FUTURE IMPROVEMENTS: Reengineering will serve as a springboard for city-wide improvements. The Water and Wastewater utility reengineering will serve as a model to increase the efficiency and effectiveness of all City operations. it will also help improve our systems of accountability and performance measurement. FUNDING: Funds are available for this project from vacancy savings in the Water and Wastewater Departments. The cost of reengineering will not impact current utility rates. Exhibit A Page 2 of 2 700 Louisiana Telephone 713 319 2000 Houston, TX 77002 Fax 713 319 2041 February S, 2000 Mr. David R. Garcia City, Manager City. of Corpus Christi 1201 Leopard Corpus Christi, TX 78401-2825 Dear Mr. Garcia: We have discussed the issue of privatization of the water and wastewater utilities on several occasions including a nip there in December, at which time I meet with a group of City employees. The December meeting included representatives from budget and legal as well as the utilities. These discussions have centered around the cost allocation method utilized to recover cost incurred by the General Fund and what effect privatization will have on this reimbursement to the General Fund. You recently provided me the detail of the adminislrative cost recovery plan utilizihg the latest numbers, which indicated that the amount to be reimbursed to the General Fund had grown from $1,900,000 to $2,900,000. On this workpaper you also indicated some alternative allocation methods that might be utilized to more accurately allocate the cost incurred by the General Fund for the various funds of the City. With this letter I would like to summarize my thoughts concerning this issue of cost reimbursement to the General Fund. Let me begin by making the following points: The concept of cost allocation relates to the reimbursement of actual cost incurred by the General Fund that were for the benefit of another fund or department. · The privatization of the water and wastewater department will have an effect on the amount reimbursed to the General Fund. The effect on the allocation will be two fold; (a) the prior basis of allocation will have to be changed because it wilt not accurately reflect the service provided by the General Fund and (b) the cost incurred by the General Fund will have to be reduced because certain functions will no longer be provided by the City. 114 Exhibit B Page I of 2 21 City. of Corpus Christi February 8, 2000 Page 2 Privatization of these functions would normally reduce the amount of reimbursement to the General Fund because the cost incurred by the General Fund would be less. There could be some additional cost incurred by the General Fund, such as monitoring the contract, which would add to the reimbursement to the General Fund. However, I would not expect the additional cost to be significant. Our experience has been that governmental utilities that have been successful in their privatization efforts have spent the time to determine what their mac actual cost are to provide those functions to be privatized. Most governmental utilities do not accumulate cost in a manner that facilitates accurate cost analysis and thus they can not effectively analyze various privatization proposals. I would encourage you to develop the cost data to provide a meaningful analysis of alternatives and to reengineer your processes to make them competitive with private companies before evaluating the benefits of privatization. I do not believe that the effects of the reimbursement to the General Fund nor the overall effect on the City of privatization of the water and wastewater function can be determined without the following: Determination of what functions will be outsourced and the actual cost of these services. · Cost of any additional services that the City would have to provide as a result of the privatization arrangement. As you can see, the decision to privatize is not an easy one and no one can give you a simple answer as to the effect on the City. Please give me a call if you have any additional questions. Very. truly yours. J. Mark Garrett Partner 115 Exhibit B Page 2 of 2 CONTRACT SUMMARY EMA, INC. SCOPE OF SERVICES: 1) Prepare a business plan to competitively manage the City's six wastewater treatment plants and the O. N. Stevens water treatment plant. The plan will include: Detailed performance measures and goals for plant operations and maintenance; A description of a competitive organizational structure; Descriptions and cost estimates for investments in technologies, products, and services needed to support competitive performance; Descriptions and schedules for specific actions to achieve competitive performance; and Recommended cost reductions for 20 years of operating budgets 2) Prepare detailed performance measures and goals for distribution and collection operations and maintenance. 3) Recommend changes that will align the Fiscal Year 2000-01 budget with the Competitive Action Plan DELIVERABLES 1) Report of performance measures and goals for treatment plants, distribution, and collection 2) Outline of preliminary operating budget modifications for FY 2000-01 3) Competitiveness action plan with 20 years of cost reduction estimates 4) Formal presentation of competitive action plan and business case FEE: Not to exceed $124,500, including expenses. 116 Exhibit C Page 1 of 1 AGENDA MEMORANDUM DATE: February 17, 2000 SUBJECT: McArdle Road Phase 1 Improvements (Everhad to Weber) (Project t~6013) AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute Amendment No. I to the Advanced Funding Agreement with the Texas Department of Transportation, in the estimated amount of $139,663.74, for construction of the McArdle Road Phase 1 Improvements (Everhart Road to Weber Road) and associated drainage work. ISSUE: An amendment to the advanced funding agreement is required for TxDOT to secure the federal share of the McArdle Road Phase I project, award a construction contract and provide construction inspection. The project will enhance traffic flow and safety as well as provide an improved connection with Everhart Road as contemplated in the 1986 Bond Program. FUNDING: The McArdle Road project is partially funded through the voter-approved 1986 Bond Program. Funds for the street portion of the advanced funding amendment are available in the Street Capital Projects Fund. Funds for drainage costs are available in the Storm Water Capital Projects Fund (Commercial Paper). RECOMMENDATION: Approval of the resolution as presented. Director of Engineering Se~ices Attachments: Exhibit A: Exhibit B: Exhibit C: Background Information Location Maps Breakdown of Escrow Account and City of Corpus Christi Costs McArdle Phase 1 Advanced Funding Agreement H:\HOME\SHELBY~GEN\AG99\STREETS\MCARDLE\MCARDL%.~IO.DOC 2/17/2000 4:24 PM BACKGROUND INFORMATION AND CONTRACT SUMMARY SUBJECT: McArdle Road Phase 1 Improvements - Everhad Road to Weber Road - Project ¢/8013 PRIOR 1. COUNCIL ACTION: November 26, 1996 - Amendment to the 1997 Annual Element of the FY 1998- 2000 Transpodation Improvement Program (TIP) (M96-364). November 10, 1998 -Approval of the FY98-99 Capital Budget (Oral. No. 023474), Januarv 12, 1999 - Resolution authorizing the City Manager to execute an Advanced Funding Agreement with TxDOT in the estimated amount of $995,700 for preliminary engineering services and reconstruction of roadway improvements and utility relocations associated with the McArdle Road Improvements - Phase 1 project, (Res. No. 023521). Julv 27, 1999 - Resolution endorsing recommended amendments to the Approved FY 2000-2002 TIP (Res, No, 023712) which increased the federal and local matching funds from an estimated $1,900,000 to $2,587,800. BACKGROUND: Improvements to McArdle Road from Carroll Lane to Everhad Road were approved in the 1986 Bond Program. The project includes widening the street to 42 feet back-to-back with three lanes to provide a continuous left turn lane, allowing for safer traffic movement. Reconstruction will also include curb, gutter, sidewalks, driveways and underground drainage. In order to supplement the City's limited financing and secure federal funding, the McArdle Road project was placed in the Metropolitan Planning Organization's (MPO) TiP and divided into two phases. The project will be constructed by TxDOT. Phase 1 includes the section between Everhad and Weber roads (see Exhibit B - Location Map). An advanced funding agreement in the amount of $995,700 between the City and TxDOT was approved on January 12, 1999. Updated estimates reflect a budget increase from $1,900,000 to $2,587,000. Accordingly, an amendment is required to revise federal and local padicipation. Phase 2, the section of McArdle from Carroll Lane to Weber, will be awarded by TxDOT later this year. Under the amendment to the advanced funding agreement, the City will design and finance additional 20% of street improvement construction. The City's initial escrow with TxDOT and the funds provided under this amended advanced funding agreement are summarized as follows: EXHIBIT A 1 of 2 118 McArdle Road Phase I Improvements - Everhart Road to Weber Road ESCROW ACCOUNT BY FUNDING SOURCE Amendment to Executed Advance Funding Agreement Initial Escrow Current Amounts Budget STREET 296,590.00 362,505.60 STORM 127,110.00 196,879.20 WATER WASTEWATER 31.460.00 31,460.00 WATER 540,540.00 540,540.00 TOTAL 995,700.00 Additional Amt. Funding Source To be Placed in Escrow 65,912.60 Streets Capital Projects Fund 73,751.14 Storm Water Capital Projects Fund (Commercial Paper) 0.00 Wastewater Capital Projects Fund (Commercial Paper) 0.00 Water Capital Projects Fund (Commercial Paper) 139,663.74 Should TxDOT determine that additional funds are needed at any time during development of engineering plans, the City will be notified to provide its share of higher costs. TxDOT will perform an audit at project completion and return any funds due the City. EXHIBIT A 2 of 2 ,,~[ree[s \LxnIDits \ exn~U T J.dwg )Kit CIPPROJECT No. 6013 McArdle Road Everhart to Weber - Phase CI~ OF CORPUS CHRIST, TE~S LOCATION ~ NOT TO SCALE 1 120 EXHIBIT "B" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVTCES PAGE: I of 1 DATE: 17/18/99 Control: 0916-35-067 Project: STP2000(127)MM County: Nueces EXHIBIT E-1 BREAKDOWN OF CITY OF CORPUS CHRISTI COSTS 1 .) Total Project Costs excluding City of Corpus Christi 100 % Items ** Preliminary Engineering ( 2 %) Engineering and Contingencies ( 9.5% ) Sub Total $ 2,417,716.30 $ 48,354.33 $ 229,683.05 $ 2,695.753.68 20 % City of Corpus Christi share( Local Match) $ 539,150.74 2.) City of Corpus Christi Items ( 100 % Funding) Water and Waste Water Items Future Street Lighting Future Fiber Optic Cable Conduit Sub Total Preliminary Engineering (2 %) Engineering & Contingencies (Water & Waste Water Items)( 2 %) * $ Engineering & Contingencies (Future Street Lighting & Future Fiber Optic Cable Conduit)(9.5%) $ $ 451,545.40 $ 40,970.00 $ 72,577.80 $ 565,093.20 $ 11,301.86 9,030.90 10,787.04 Total City of Corpus Christi I00 % Funded Items $ 596,213.00 3.) Project Total Costs City of Corpus Christi 20 % City of Corpus Christi share ( Local Match) City of Corpus Christi 100 % Funded Items $ 539,150.74 $ 596,213.00 Total City of Corpus Christi Costs 4.) Previously Amount Placed in Escrow $ 1,135,363.74 $ 995,700.00 Total Additional Amount City of Corpus Christi $ 139,663.74 * * City to prepare construction plans and xxater and waste water plans and specifications, TxDOT to review and coordinate. *City to inspect water and waste water construction. TxDOT to have oversite. City to prepare any Change Orders m~d revised plan sheets on water and waste xvater items and to be signed by a Proi~ssional Engineer on the City's behalf. 121 EXHIBIT "C" Page 1 of I A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AMENDMENT NO. 1 TO THE ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION, IN THE ESTIMATED AMOUNT OF $139,663.74, FOR CONSTRUCTION OF THE McARDLE ROAD PHASE I IMPROVEMENTS (EVERHART ROAD TO WEBER ROAD) AND ASSOCIATED DRAINAGE WORK. WHEREAS, roadway improvements are necessary to provide safer traffic movement in the high volume section of McArdle Road between Weber and Everhart; and WHEREAS, the McArdle Road Improvements - Phase I project is part of the Metropolitan Planning Organization CMPO") Transportation Improvement Program ("TIP") to obtain 80 percent of the funding for design and construction costs; and WHEREAS. an Advance Funding Agreement is needed for Texas Department of Transportation CTxDOT") to prepare the engineering documentation, let the construction contract, and provide the construction inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is authorized to execute Amendment No. 1 to the Advanced Funding Agreement with the Texas Department of Transportation, in the estimated amount of $139,663.74, for construction of the McArdle Road Phase I Improvements (Everhart and Weber Road) and associated drainage work. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary LEGAL FORM APPROVED / 7 xiTd.~ Samuel L. Neai, Jr., Mayor City of Corpus Christi ,2000; JAMES R. BRAY, JR.. CITY ATTORNEY Alison Gali~ Assistant City Attorney H:I&EG-DIR,VERONtCA'ALISONXORD00800/AGORD00 825 122 CITY COUNCIL AGENDA MEMORANDUM February l8,2000 SUBJECT: Additional funding for the Group Health Insurance Fund due to unanticipated increasing claims costs and health plan utilization. AGENDA ITEM: Ordinance mending ordinance No. 023702 which adopted the FY 99-00 budget to reduce revenues, e:ipendimres, and the corresponding appropriation for Self-Insurance Fund No. 5410 and increase same for Group Hehlth Insurance Fund No. 5510, by $1,000,000, and adjust the contribution to said funds by other contributing funds accordingly; to transfer $683,121 to Group Health Insurance Fund No. 5510 from other funds; to appropriate $2,041,300 in Group Health Insurance Fund No. 5510 to meet increased group health insurance costs; to authorize the City Manager to make transfers and adjustments within individual fimds to implement the above actions; and declaring an emergency. ISSUE: The CiW of Corpus Christi is experiencing higher claims costs in its group health insurance program due to unforeseen greater utilization of health plan benefits and escalating prescription costs. The group health insurance program does not currently have reserves to absorb or offset these rising claims costs. However, the City's Self-Insurance Fund ended FY 1998-99 with an unanticipated $1,000,000 more in its fund balance than budgeted due to decreased claims costs. This unanticipated million dollars has further strengthened the Self-Insurance fund balance, therefore the current FY 1999-2000 budget could be reduced by the same amount and transferred to the Group Health Insurance Fund. Additionally, Staff is recommending a 25 percent increase in premiums to over current and future costs of health care. PRIOR COUNCIL ACTION: The City Council approved the FY 1999-2000 Operating Budget in July 1999, effective August 1, 1999. by Ordinance Number 023702. REQUIRED COUNCIL ACTION: Council approval is required to authorize the budget amendment necessary to transfer monies between the City Funds and to appropriate the additional 25 percent premium increase. FUNDING: Funding is provided from appropriated monies in the contributing City departments. Employees, retirees and the City departments would pay the 25% increase in premiums. RECOMMENDATION: It is recommended that the City Council accepts Option IV and approves: Ordinance amending ordinance No. 023702 which adopted the FY 99-00 budget to reduce revenues, expenditures, and the corresponding appropriation for Self-Insurance Fund No. 5410 and increase same for Group Health Insurance Fund No. 5510, by $1,000,000, and adjust the contribution to said funds by other contributing funds accordingly; to transfer $683,121 to Group Health Insurance Fund No. 5510 from other funds; to appropriate $2,041,300 in Group Health Insurance Ftmd No. 5510 to meet increased group health insurance costs; to authorize the City Manager to make transfers and adjustments within individual funds to implement the above actions: and declaring an emergency. Patricio Alba Director of Safety and Risk Management 123 ATTACHMENT A BACKGROUND INFORMATION: In addressing the unforeseen escalation of health insurance claims, the City has conducted analyses of its current health claims experience to determine contributing factors. Along with greater utilization of the health plan benefits, the City' s cost of prescriptions is extremely high due to the increasing over-utilization of brand name medications versus less expensive substitution and generic drugs. With current market trends, the national average of prescription costs for a health plan should be approximately 15 percent of the overall health claims costs. The City's current prescription cost is significantly higher at approximately 25 percent of overall claims, exceeding the budgeted estimate by approximately $1.2 million dollars. The claims costs for other medical services are projected within the current year's budget, as estimated a year ago. Although the City has incurred more utilization of the health plan for medical services, the existing provider discounts have kept the cost of these claims under control. The City is receiving favorable provider fees and discounts currently through a four-year contract with the Spohn Health Network. The Spohn network contracts with medical providers such as physicians, specialists, hospitals, labs and x-ray facilities. Pharmacies and their associated fees are secured through a separate contract(s). Since current health insurance expenditures are exceeding current health insurance revenue due to the unanticipated higher claims costs. the City may consider various measures to rectify this situation. Four options regarding premium and/or benefit changes were discussed during the last City Council meeting on Tuesday, February 15, 2000: Continne "AS IS" Continue the Group Health Insurance Fund without any premium or benefit changes in Year 2000. On a cash basis, the current projection for all expenditures is $15.604,994, while available funds are projected for this year at $13.636,150 (current re~,enue of $13, 725,636- $46,486 as negative beginning~imd balance). This could result in an estimated deficit of $1,928~844 for the current year. II. Seek a Fully Insured Carrier Test the health insurance market by seeking proposals from fully insured carriers to administer the City' s health plans. High utilization of the health plans and high claims costs equate to poor claims experience, which would probably have an unfavorable impact on quotes by fully insured carriers to assume the City group. The City can anticipate being penalized by the market in the form of a significant premium increase and/or reduction in health plan benefits. In surveying other public entities, insurance carriers in today' s market have been quoting or renewing plans at premium increases between 20 to 40+ percent. Some employers may receive smaller premium increases by also reducing benefits and/or increasing deductibtes and co-pays to employees. 124 III. IV. Additionally by seeking a fully insured carrier, the existing four-year contract with the Spohn Health Network and its discounted provider fees could be jeopardized. This existing Spolm network contract is for the existing selfqnsured health program. Remove Existing Prescription Benefits Reduce health plan costs by removing the prescription benefits. This option would remove today's most costly benefit in the City's rising claims costs. Dropping the coverage of prescriptions would eliminate a core, basic benefit of health care. The prescription benefit is a standard benefit in most health plans with the exception of Medicare. With no prescription benefits, the City' s health program could avoid a cost of approximately $1.5 to $2.5 million dollars annually. With all other medical services remaining constant, a drastic reduction in benefits like removing prescriptions could virmally eliminate significant premium increases within the next few' years. Increase Health Premiums and Prescription Copays Implement health premium increases and prescription copay increases. The premium increase is projected to generate an estimated $1,041,300 for the remainder of this fiscal year, and $2.499.214 next fiscal year. The projected impact of the prescription copay option could be realized in the last quarter of this fiscal year, at an estimated cost reduction of $375.000. In addition to these measures, future premium increases may be necessary for anticipated increases in health claims as the City group grows and ages. Attachment B is enclosed to illustrate what could happen in future years. Implementation of Option IV includes: A. Effective March 1, 2000, implement a premium increase of 25% to the Citicare and Public Safety Citicare health plans; and B. Increased monthly prescription copays for the Citicare and Citicare-Qplus health plans as follows: 1. Generic Drags $0 to $5 2. Brand Name Birth Control $10to$15 3. All Other Brand Name $I0 to $30 or 30%, whichever is greater Additionally. we anticipate that City Funds should be able to meet their portion of the 25% premiun~ increase, estimated at $683,121. through cost saving measures implemented in other organizational areas. Therefore. the $683,121 will be transferred from the contributing City departments to the Group Health Insurance Fund during the remainder of this year. 125 Group Health Insurance Fund Financial Statement Beginning Fund Balance Current Revenues Rate Increase Adjustment Addt'I Rate Increase' Addt'I Contributions All Funds Total Revenues Total Funds Available Claims & Related Costs Other Benefits & Admin Total Expenditures Ending Fund Balance *Rate Increase, Effective 3/1 Revised Budget; Forecast Forecast Forecast Forecast Forecast 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 2,283,651 456 � 979,529 2,314,262 i) 8,099,077 il'I 1,212,105 13 725,636)!k , � 13 725636 13,725,636 17 052 196 � � 17469,328 , 5,8 18,901,12:2 20,436,889 1,041,300 2,499,119 I i 1,009,373 ( 992,712 1,062,202 1 1,136,556 1 � _ 413,630 442,584: 473,565 j 0.00 /01 ° i 1,000,000 827,441 15,766,936 17,052,196 17,465,826 18,901,122 20,436,889 li 21,573,446 15,717,450 j 17,164,652 18,445,356 ! 19,910,496 21,535,967 22,785,550 13,321,343 ',j 13,891,761 15,132,425 16,497,156 ; 17,998,359 ;j 19,649,683 2,283,651 2,293361 i 2,303,557 ! 2,314,262 2,325,503 � 2,337,306 15,604,994 16,185,123 1 17,435,982 • j 18,811,418 20,323,862 21,986,989 { 112,456 979,529 1,009,373 ( 1,099,077 1,212,105 ( 798,561 j 25.00%:i 0.00%� 7.00%L, 7.00 /0 ° 4 7.00 /°' 1 0.00 /01 ° i ORDINANCE AMENDING ORDINANCE NO. 023702 WHICH ADOPTED THE FY 99-00 BUDGET TO REDUCE REVENUES, EXPENDITURES, AND THE CORRESPONDING APPROPRIATION FOR SELF-INSURANCE FUND NO. 5410 AND INCREASE SAME FOR GROUP HEALTH INSURANCE FUND NO. 5510, BY $1,000,000, AND ADJUST THE CONTRIBUTION TO SAID FUNDS BY OTHER CONTRIBUTING FUNDS ACCORDINGLY; TO TRANSFER $683,121 TO GROUP HEALTH INSURANCE FUND NO. 5510 FROM OTHER FUNDS; TO APPROPRIATE $2,041,300 IN GROUP HEALTH INSURANCE FUND NO. 5510 TO MEET INCREASED GROUP HEALTH INSURANCE COSTS; TO AUTHORIZE THE CITY MANAGER TO MAKE TRANSFERS AND ADJUSTMENTS WITHIN INDIVIDUAL FUNDS TO IMPLEMENT THE ABOVE ACTIONS; AND DECLARING AN EMERGENCY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 023702 which adopted the Fiscal Year 1999-2000 Budget is amended as follows: a. The revenues, expenditures, and corresponding appropriation to Self-Insurance Fund No. 5410 are reduced by $I,000,000 and the contribution to said Fund No. 5410 by each contributing fund is reduced by its share as specified in Exhibit A, attached hereto and incorporated herein. b. The revenues, expenditures. and corresponding appropriation to Group Health Insurance Fund No. 5510 are increased by $1,000,000 and the contribution to said Fund No. 5510 by each contributing fund is increased by its share as specified in Exhibit A. c. The amount of $683,121 is transferred to Group Health Insurance Fund No. 5510 from other funds as specified on Exhibit B, attached hereto and incorporated herein. d. The additional amount of $2,04I ,300 is appropriated in Group Health Insurance Fund No. 5510 to meet increased group health insurance costs, reflecting the above and increased employee contributions. e. The City Manager is authorized to make transfers and adjustments within individual funds in order to implement the above actions. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) 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 Charier 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 ,2000. LOA\ord2,130 Febmaryl8,2000 127 ATTEST: Armando Chapa. City Secretary LEGAL FORM APeROVED ~'~, t JAMES R. BRAY, JR.. CITY ATTORNEY BY: .~~ LtC~itAnomey THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr., MAYOR ,2000: LOA\ord2 130 February 18. 2000 128 Corpus Christi, Texas Day of ,2000 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 inu'oduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Cotmcil Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Amold Gonzales Rex A. Kirmison Betty Jean Longoria John Longoria Mark Scott LOA\ord2.130 February, 18, 2000 129 w 0 EXHIBIT A City of Corpus Christi Insurance Funds Distribution of $1M Funding FY 1999-2000 Budget Fund Name Fund No. Self Insurance Allocation Percentage Distribution Group Health Allocation Percentage Distribution General Fund 1020 $ 6,307,385 0.6682 $ 668,180 1 $ 5,420,136 0.6857 685,657 Water Fund 4010 $ 928,160 0.0983 $ 98,326 $ 781,092 0.0988 98,810 Gas Fund 4130 $ 776,504 0.0823 $ 82,260 $ 345,589 0.0437 43,718 Wastewater Fund 4200 $ 575,265 0.0609 $ 60,941 $ 487,156 0.0616 61,626 Airport Fund 4610 $ 191,272 0.0203 $ 20,263 $ 201,613 0.0255 25,504 Golf Fund 4690 $ 69,046 0.0073 $ 7,314 $ 67,547 0.0085 8,545 Marina Fund 4700 $ 35,569 0.0038 $ 3,768 $ 38,474 0.0049 4,867 Visitors Facility 4710 $ 83,692 0.0089 $ 8,866 $ 86,244 0.0109 10,910 MIS Fund 5210 $ 56,492 0.0060 $ 5,985 $ 52,676 0.0067 6,664 Stores Fund 5010 $ 20,923 0.0022 $ 2,217 $ 17,400 0.0022 2,201 EMS Fund 4680 $ 127,630 0.0135 $ 13,521 $ 189,464 0.0240 23,968 LEPC Fund 6060 $ 2,092 0.0002 $ 222 $ 1,997 0.0003 253 MaintenanceSvc. Fund 51101$ 265,620 0.0281 $ 28,139 $ 215,635 0.0273 27,278 $ 9,439,650 1 1.0000 1 $ 1,000,000 $ 7,905,023 1.0000 1,000,000 2/1 b,N00 City of Corpus Christi Group Health Insurance Distribution of 25% Premium Increase Effective March 1, 2000 EXHIBIT B Fund Name Fund No. Fund Portion General Fund 1020 $ 467,656 Water Fund 4010 $ 67,932 Gas Fund 4130 $ 30,056 Wastewater Fund 4200 $ 42,368 Airport Fund 4610 $ 16,888 EMS 4680 $ 16,478 Golf 4690 $ 5,875 Marina 4700 $ 3,346 Visitors Facility 4710 $ 7,501 Stores 5010 $ 1,513 Maintenance Service 5110 $ 18,754 MIS 5210 $ 4,581 LEPC 6060 $ 174 $ 683,121 2/18/2000 1~1 CITY COUNCIL AGENDA MEMORANDUM Date: February 17, 2000 AGENDA ITEM:Consz'dera~m d' Reynaldo Madrigal's appeal of the Cable Communications Commission's ruling of November 3, 1999 regarding set times for repeat programming on the public access channel. ISSUE: Mr. Reynaldo Madrigal, host and producer of the ;'Coffee Club," is appealing the Cable Commm~ications Commission's ruling that prograrnmers on the public access channel are not guaranteed a set time for reruns of the original program, The Commission and Staff agree that the rules are clear concerning the issue and therefore Mr. Madrigal's appeal should be denied. BACKGROUND: Article V1, Section 2 of the City Charter requires that an appeal must be taken from a "decision" of a city board or commission within 30 days. A "decision" comemplates a quasi- judicial action of a board where it has been delegated authority' to resolve issues affecting individual fights under existing rules. (It does not involve a board exercising general legislative or rule-making authority.) Section 2~183(a)(1 ) of the City Code delegates to the Public Access Users Group ("PAUG") authority to establish rules for use of the public access channel. subject to approval by the Cable Communications Commission (the "Commission"). As described below, such rules were established. Section 2-182(13) of the Code authorizes the Commission "to resolve disputes concerning... channel space. channel time .... "This authority is to make a determination within the duly established rules. For some time Mr. Madrigal has been dissatisfied with public access rules regarding reruns. His previous complaint was with respect to the rule that new programs have priority over repeat programming. He attempted to bring this issue up to the Council in connection with another appeal (related to alleged violation of advertising rules) in April 1999. This was not acted upon by Council because there had not been any Commission "decision". That rule has not been changed, after subsequem consideration by the Commission. This case involves a different issue. COMMISSION ACTION APPEALED FROM At its July 12, 1999 meeting, PAUG recommended, and the Conunission approve& rules changes that included the following as to repeat programming: c. Programmers who guarantee one new program ever3.' week wiI1 be able to have a second showing of the same program within 6 days of the original showing provided the following conditions are met: 1. Programs must not have been previously cable cast, 133 2. The second showing will be cablecast on a time available basis. 3. The second showing will not be guaranteed. 4. Locally made programs will have priority over non-local programs. (Produced out city limits). 5. Only one program per person or organization per week. 6. Programs longer than 60 minutes (59:30) will not be available for a second showing. On November 3, 1999, its minutes reflect that the Commission considered Madrigal' s complaint that "AT&T advertises the first showing of his hourly program, but does not guarantee the time of the second showing," and that "he could not tell anyone when his show was to be aired because AT&T would not guarantee the second time slot." "Advertising" refers to notifying the local newspaper of programming slots. so that a program will be listed in the tv guide. In essence, the complaint is that Madrigal was not guaranteed a second time slot. One Commission member made a motion that the second show's time be advertised in the newspaper; motion died for lack of second. On December 2, 1999, Madrigal filed his appeal from the "decision... of not advertising the timing of the second showing." RECOMMENDATION: Staff recommends that the appeal must be denied because the lawfully adopted rules, which govern this appeal, are clear that the second showing is not guaranteed. NOTE: A CHANGE TO THE PUBLIC ACCESS RULES IS NOT BEFORE THE COUNCIL As discussed above, PAUG, with approval of the Commission, has authority under the ordinance to make rules governing the public access channel. This has been the case for many years. The Council could legislatively (through amendment to the Cable Commission ordinance) modify access channel rules. This would have to come to the Council in the usual agenda process (placed on agenda by Mayor, City Manager. or five Council Members). Staff does not recommend any such action. Attachments: 1. Lener from Vice-President of Public Access Users Group 2. Minutes from the July 12, 1999 Cable Communications Commission Meeting 3. Recommended changes to the Public Access Operating Rules and Procedures Minutes from the November 3, 1999 Cable Communications Commission Meeting 5. Notice of appeal 134 2 P.A.U.G Public Access Users Group Honorable Ladies and GenUemen of the Council Greetings, 1 would like to turn your attention to the agenda item on today's meeUng, the one featuring Ray Madrigars request of extra air time for his program, the Coffee Club, The Cable Access Users Group (P.A-U.G.) is comprised Of approximately 95 users, of . which Ray Madrigal is only one. This users group is made up, as you know, of centtact holders who have programs on cable channel 10 or the Public Access Cable Channel 10. These 95 members are the governing body that establishes the rules and regulation concerning this channel. Of there approximately 95 members, Ray Maddgal is the only one that seems to cortsistsntty complaining when he doesn~ get his way. Cable channel 10 operates 14 hours a day. When you divide that into 95 users, it is impossible for PA.U.G. to grant this man his wish, since we would then have to accommodate the other users. We really don*t understand the difficulby hera. In a recent meeting, P.A.U.G- members voted for one showing per week. Repeats were granted (especially for Ray Madrigal), if a contract holder turned in a newly produced progain each week as Ray Madrigal does. This amendment was sanctioned by the Corpus Chdsti Cable Commission. I personally do not cam if Mr_ Madrigal is the only person on cable channel 10. However, rules were set up by the group of users and everyone is following them with no problems, If the City enforces Mr. Madrigals request, then the P.A.U.G and the Cable Commission group should disband and let the City Politicians run the show. Sincere , ore, Vice President 135 MINUTES Corpus Christi Cable Communications Commission Corpus Christi City Hall-Council Chamber, 1201 Leopard Street July 12, 1999 Committee Members Present: Chairperson Mary Beth Nelson, Norma Tones, and Hector Morales TCI Staff Present: Charles Hembree and Robert Hughes City Staff Present: Liza Ortiz, and P. C. Gracia The meeting was called to order by Chairperson Mary Beth Nelson at 7:20 p.m. The first item on the agenda dealt with six requests from Mr. Ray Madrigal, President of CC Coffee Club, regarding his show, as well as, other public access channel recommendations. Madrigal stated that his program was reduced by one hour because his allotted time was given to a new program who requested a time slot. The hour that Madrigal referred to was a repeat showing of the Coffee Club. Robert Hughes 'from TCI, stated that anytime a new program requests time, a repeat hour can be assigned to them. Hu~s stated that PAUG recommends that all new locally produced programs (new show) will be repeated within 6 days of the first cablecasting as space is available to TCI, if user produces a new show every week. Ther be no repeat showing for those users who do not produce a new weekly program. Nc,,..,a TorTes made a motion to approve PAUG's recommendation. Motion was seconded by Morales and passed. Madrigal withdrew his request number two regarding reinstating lost time due to reduction of programming time. The third request made by Madrigal addressed the removal of all advertisement from public access channels. Hughes stated that TCI under the franchise could sell lease access ads as allowed by Form K. He added that most ads were in the morning or dudng the late evening hours. Mary Beth Nelson added that this item is bound by the franchise and cannot be addressed until the franchise is renewed. The fourth request stated that only religious shows be shown on Channel ,!.e"and any government shows be aired on Channel 20. Discussion on this item was centered around the concept that public access channels are open to anyone who wishes to use them whether on Channel 10 or 18. George Balli, PAUG President, stated that either channel could be used for public access shows based on court rulings. Nelson stated that the government channel should be used by City programming and other entities to inform the public instead of using other public access time. Request number 5 was not discussed due to the new PAUG recommendation that was adopted early in the meeting regarding time allotments for new programming. 136 2 Madrigal stated that his sixth request was that all complaints against PEG programs be submitting in writing by complainant. Nelson stated that it would be difficult to do and that franchise allows TC1 the responsibility to administer PEG by the franchise. Tones added that TCI needs to investigate any complaint without it being in writing, Honor Morales stated that he agreed that the complaint should be in writing. Nelson added that TGI is the designated watchdog to enforce public access rules by the franchise. TCI can pull and review any tape for enforcement without a complaint if they catch a possible violation. Morales made a motion to have complaints in writing before TCI investigates alleged violation, but motion died due to a lack of a second. P. C. Gracia informed the Commission that the June 1, 1999 rate increase, submitted by TCI, had been reviewed by the consultant and it was determined that the Federal Communication Commission guidelines had been followed. He further stated that basic programming had decreased and expanded programming had increased. Charles Hembree, General Manager of TCI, stated that programming costs and inflation are part of the formula as allowed by the FCC. Dudng the TCI report, Hembree stated that digital cable was introduced about one year ago and has 5,569 subscribers. He added that he believed that digital cable would grow slowly in Corpus Christi due to its strong expanded programming. Nelson inquired if some programs had been taken from expanded and placed in digital and if this was going to continue in the future. Hembree responded that TCI is limited in those channels to be moved depending on agreements made with specific purchased programs. Hembree also added that TCI is pursuing fiber optics and will start this project within 90 to 120 days. Hembree pointed out that microwave programming has been eliminated from the island. Charles Spe~, 133845 Hawksnest Bay, stated that TCI quali~ of service has been bad in the island. He explained that during the past b, vo years, outages have increased during bad weather. Mr. lsadore Cohen, 4705 Coventry Lane, stated that the franchise agreement makes TCI provide a good signal. He explained that he had had similar problems several years ago, but it was finally fixed. Hembree informed ~er that he would look into the matter to resolve his Concern. During ~3ubtic comment, George Balli, President of PAUG, 2828 WestMount, stated that PAUG had discussed Madrigal's concerns and that they believed that fair recommendations were made to the Commission. He also had one request on how to deal with non-profit programs. He explained that PAUG would like to see the non-profit groups registered with City Secretary's office so that no one takes advantage of the system. He added that the non-profit groups should also identify themselves on the air. Nelson asked that this item be placed on the agenda for discussion at the next cable meeting. Cohen asked the Commission what could be done with the continual repeated programming on Channel 26-AMC. He explained that TCI has indicated that they have no control over this programming and that they only transmit the signal. Cohen stated that he had written AMC in New York and did not receive an answer. Cohen also inquired about addition of cultural shows 137 3 and operas to the cibr similar to the ones shown in Austin, Texas. Nelson suggested that TCI should do a public survey to determine community interests. Torres thanked TCI for their report and for donations to the graduation program. She also noted that the Padre Island issue has been around for a long time and that it should be remedied as quickly as possible. Morales stated that he was pleased to be aboard and wanted to thank the staff for being prompt with providing the agenda. He also added that Robert and Michael at TCI had been helpful, especially when he had some programs on public access. Nelson stated that her own program had just started on public access and that Robert and Michael were doing a great job. The next two meetings were scheduled for August 30, and October 18, 1999, respectively. The meeting was adjourned at 9:30 p.m. Minutes submitted by P. C: Gracia Management Assistant 138 : 06/03:99 ~i:54 'I~SIZ ~57503a T~Z CA~LEVISION [ TC! Cablevision oFTexas, Inc. June 3, 1999 To: Corpus Chris ti Cable Communication Co-h, From: Robert Hughes Re: PubLic Access cablecasting rulcs I recommended that the following ctmlges be made (or .aa,~aD to the Public Access Cablecast Rules and Proccct/rres: a. One program per person or o,rg--mi~ation per week. b. Program must ~I a 30 or 60 rainurn (29:30/59:30) time slot Programs longer ,h,~ 60 mimxtes will be consiclemcI on an individnnl basis. c. Programmers who gusrarrr¢c one nc~r pro~'~m every woe& will be able to have a second showing of the snrnn pro~axu with 6 days of ~ ori~nal shov,'iZlg pmvictcd the following conditions arc mc 1. Progrnm~ must ~ot hav~ beck: pr~riously cablecast. 2. The second showing will bs cablecast on a time available basis. 3. The second showing will not be guarmteed. 4. Locally made Frc~m-~ will have pricrrity over non-local progr , . (produced out city I{mits). 5. Only one progrnr~ per person or org~i~ation per weelc 6. Progrnm~ longer that 60 rni~ut~ (59:30) will m3t be available for a second showing. d. Producer Iocldng down a six month ~aries time slot, mu~t delivery tm3grarrm to TCI by th~ agreed upon tlm~. ~. Producers allowing their th~ .~Iom to I~pses will lose theirnext four (4) showfags. Please see if the above itern.~ can bc ~rtrlressCd at the next cable commission meeting. 139 MINUTES Corpus Christi Cable Communications Commission Corpus Christi City Hall-Council Chamber, 1201 Leopard Street November 3, 1999 Committee Members Present: Chairperson Mary Beth Neiscn, Non*ha To~es, and )~/~k=,.Z'u=~'and Charles Spencer. TCI Staff Present: Charles Hembree and Robert Hughes City Staff Present: Liza Ortiz, P. C. Gracia and Susan Cable. The meeting was called to order by Chairperson Marry Beth Nelson at 7:04 p.m. The minutes of the Cable Communications Commission meetings for September 27, and October 6, 1999, were amended and approved. Lisa Aguilar explained to the Commission that the City Council had passed the first reading of the Clearsource, Inc. franchise agreement on October 12, as well as the Master Cable Ordinance on October 26. Lisa informed the Commission that the second and final reading on both documents would be voted on for final approval on November 9. Chairperson Mary Beth Nelson asked if the documents had been made available to the libraries. Aguilar indicated that the libraries had received copies on Wednesday, October 27, 19.°. Ray Madrigal, from the audience, asked if the documents required three readings. Aguilar informed Madhgal that these documents require only 2 readings. There were several comments by the audience asking when the information had been made available to the public. Nelson stated that the Commission and Charles Irby, a knowledgeable member of the community, had been taken out of the loop on this matter. Susan Cable stated that the City Manager had appointed a committee and that the commission had heard a presentation in February regarding these two documents. Nelson said that the Committee had not provided enough input and that it seemed to be fast-tracked. Cable added that community surveys to include school districts, City Council, vadous business entities and 400 subscribers, as well as, the Cable Commission were conducted to acquire input Nelson stated that more community input was needed. Cable said that a random sampling of 400 subscribers was done as part of a standard method used to conduct surveys. Norma Tones added that not enough input and inforrnatjon had been received from the public and felt that the progress was going too fast Maddgal asked about what access channels were 9oing to be provided since no one had seen the contract, Nelson stated that the Cable Commission had worked on this matter for 1-1/2 years until the process was changed by the City Manager. She added that mere input for programming and service issues such as Padre Island, as well as public access channels, need to be addressed. Commission member Chades Spencer stated that the agenda information was usually available at the City Secretary's office for anyone to read. Nelson asked for comments from Clearsource and AT&T. Hal George, local attorrzey representing Clearsource, Inc., stated that there had been many meetings with the City. George 140 2 said that the City had hired Adrian Herbst who is one of the foremost attorneys in the country on cable matters. Charles Embree, AT&T General Manager, gdnned as he said that he had no comment, so that Clearsource could not get any ideas. The next item on the agenda dealt with a concern by Ray Madrigal regarding the scheduling of programming on the Public Access Channel 10. Madrigal stated that AT&T advertises the first showing of his hourly program, but does not guarantee the time of the second showing. Maddgal told the Commission that he could not tell anyone when his show was to be aired because AT&T would not guarantee the second time slot. Robert Hughes, AT&T Public Access Coordinator, reminded the Commission that this issue had been addressed about a year ago. The Commission approved a Public Access User Group (PAUG) recommendation that only those individuals that produced a new weekly show would be guaranteed a second showing within six days but that the time slot would not be guaranteed added Hughes. Hughes explained that the cablecast application contained only the show's first time slot In past years, users were allowed four-thirty minute shows a week but as the demand increased new users were given a one-hour time slot according to Hughes. Some long running shows were grandfathered allowing the two hours per week, but they have decreased over time added Hughes. Hughes continued explaining that the Commission had voted last year to leave the grandfather clause in tact. Hughes told the Commission that even those individuals who paid to advertise were not guaranteed any additional time slots. In responding to a question from the audience, Hughes stated that the 98 time slots were full and that approximately 60-active members had shows on the public access channel. AT&T believes that they are not in violation of any public access rule or ordinance as addressed in the franchise agreement according to Hughes. Commission member Hector Morales stated that he was concerned about the lack of additional advertising for the public access programs. Hughes stated that the Caller-Times advertised the public access programs on their weekly programming schedule. Commission Member Norrna Torres expressed concern about discussing this issue three or four times during the last year. Tones stated that a guarantee time slot is advertised and that it would be an issue only if the first time slot was not guaranteed. Anita Fillmore, RAUG treasurer, stated that it did not matter how many shows were on the air, as long as the one show was guaranteed. Maddgal added that the TV guide from the Caller-Times had advertised other program's times like the Taxpayers Association shows. Hughes informed the Commission that since May of 1998, AT&T does not advertise the access programming schedules and if there is one being published. it could be incorrect Morales made a motion requiring that the second show's time be advertised in the Cat]er-'Rmes. Motion died due to a lack of a second. No other motions were presented. Hughes stated that there is a problem with determining the status of cablecasters who indicate that they are a nonprofit entity and then turn out to be otherwise. 141 3 George Balli, speaking from a consumer point of view, stated that he was concerned with usher,/. Fillmore stated that anytime you go to AT&T, you're asked to present your license to apply. Balli stated that on May 24, 1999, PAUG approved a motion that required all non-profit organizations to present non-profit documents, along with proper identification to AT&T to resolve issues regarding advertisement granted to non-profits. Public access does not allow solicitation unless you are a non-profit group, and PAUG would like to have the Commission approve this recommendation asked Balli. Norrna Torres asked lisa Aguilar if this recommendation would be legal. Aguilar responded that it was a simple case of status clarification and would be allowed. Commission Member Charles Spencer made a motion that non-profit groups who intend to solicit contributions on their programs need to provide their non-profit status evidence as determined by the IRS to the cable provider. Tones seconded the motion and motion passed with one member abstaining. Dudng Commission concerns, Spencer noted that he had reviewed the survey that Susan Cable presented to the Commission and pointed out that it indicated that district 4 (includes Padre Island) appeared to be more negative than other parts of town. Next meeting was scheduled for January 10, 2000. Meeting adjourned at 8:45 p.m. Submitted by P. C. Gracia 142 Corpus Christi, ~ 78405 ~' 3:~Z:E'E;.5.~ (361) 882-5354 December 2, 1999 An.ando Chapa City Secretary Mr. Armando Chapa, On behalf of the Corpus Christi Coffee Club, we want to appeal a decision of the ATT Cable Commission on not advertising the timing of then second showing of the Corpus Christi Coffee Club. We feel that the public should be informed as to when the time and day the show will be airing on Channel 10, The Public Access channel. The public calls me on a daiJy basis for information of the airing of the weekly show. As of now, I still do not know when the show is aired, so how can I give them that inforaiation, when I do not know it myself. ~rig~~ President of the Corpus Christi Coffee Club STATE OF TEXAS COUNTY OF NUECES r Sworn t0and su cribed before me. by the said ~ this the~ day of ~J~/t~b' ,19_~_, to certify which, witness my and seal of office. ,~CZ ~?f]. ~ GI,X)RIA M. GARCIA DEC. 30.2000 Notary Public, State of Texn-~ 143 Notes and Comments 14 5 _~