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HomeMy WebLinkAboutAgenda Packet City Council - 06/13/2000CITY STAFF BOOK (UNBOUND) DO NOT REMOVE COUNCIL AGENDA c ty of COrpLIS Chnsti June 13,2000 t :45 p.m. Proclamation declaring the month of May, 2000 as "National Community Action Month" Proclamation declaring June 14, 2000 as "Flag Day" Proclamation declaring June 11 - t 7, 2000 as "U.S. Army Week" Proclamation declaring June 19 - 25, 2000 as "Amateur Radio Operator Week" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JUNE 13, 2000 t2:00 P.M. PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council aRer the Presentations section. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espaffol en todas las juntas del Concilio pare ayudaHe. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact 'he City Secretary's office (at 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Pastor Jack L. Carter, Church of the King. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Dr. Arnold Gonzales Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa A E. MINUTES: Approval of Regular Council Meeting and Joint Meeting with the Crime Control and Prevention District of May 30, 2000. (Attachment # 1) Agenda Regular Council Meeting ~-[une 13, 2000 age 2 BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) Animal Control Advisory Committee C.C. Minodty Business Opportunity Steering Committee C.C. Regional Transportation Authority Ethics Commission Planning Commission Sister City 2:00 P.M. - 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 A T THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretan/.) Si usted se dit~ge a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espaflol en la reunion de la junta pare ayudarfe. 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 ----June 13, 2000 )age 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda sumrnaff) The following items are of a routine or administrative nature. The Council has been furnished with background and support matet~al on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Motion approving a supply agreement with Business Envelopes, Inc., San Antonio, Texas in accordance with Bid Invitation No. B1-0096-00 for approximately 1,285,000 mail-out envelopes and 1,285,000 return envelopes based on best bid, for an estimated annual expenditure of $38,917.98. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month pedods, subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in FY99-00 by the Utilities Business Office. (Attachment # 3) Motion approving a supply agreement for approximately 435 tons of hydrofiuorosilicic acid in accordance with Bid Invitation No. BI-0117- 00 with PENNCO, Inc. of San Felipe, Texas, based on low bid for an estimated annual expenditure of $62,814. The term ofthe agreement will be for twelve months with 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 chemical is used by the Water Department for water supply treatment . Funds are budgeted in FY99-00 by the Water Department. (Attachment # 4) Motion approving supply agreements for lubricating oils, greases and antifreeze in accordance with Bid Invitation No. Bl-0120-00, with the following companies for the following amounts. Awards are based on low bid, for an estimated six-month expenditure of $43,848.95, The term of the agreement shall be for six months with an option to extend for up to four additional six month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have Agenda Regular Council Meeting ~-June 13,2000 ~age 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) been budgeted by Maintenance Services, Solid Waste Department and the Fire Department for FY99-00. (Attachment # 5) Leyendecker Oil Corpus Christi, TX Groups: 1.0, 4.0, 5.0 and 6.0 Oil Patch Corpus Chdsti, TX Groups: 2.0 and 3.0 Arnold Oil Co. Corpus Chdsti, TX Group 7.0 $12,304.15 $29,954.60 $1,590.20 Grand Total: $43,848.95 Motion approving a supply agreement with Mody K. Boatright, P.E., Corpus Christi, Texas for asbestos testing in approximately 90 private and public structures in accordance with Bid Invitation No. BI-0105- 00, based on low bid for an estimated annual expenditure of $17,790. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval ofthe supplier and the City Manager or his designee. Funds have been budgeted in FY99-00 by the Housing and Community Development Department. (Attachment # 6) Motion approving the purchase of 54,000 vinyl library book bags from Continental Superbag LLC, Cedar Grove, New Jersey, in the amount of $15,380 based on low bid in accordance with Bid Invitation No. B1- 0121-00. The bags will be distributed by the South Texas Library System (STLS). Funds are available through an Library Systems Act Grant. (Attachment # 7) Motion approving the purchase of 32 radios with chargers, belt clips and rings from CoroNet Ericsson, Ingleside, Texas, for the total amount of $75,875,68. The award is based on sole source and will be used by the Police Department. Funds are provided through the Crime Control and Prevention District. (Attachment # 8) Motion authorizing the City Manager or his designee to execute an engineering contract in the amount of $31,956 with Martinez, Guy & Maybik for ADA Compliance - Curb Ramp Improvements at the following sites: (Attachment # 9) a) b) Old Robstown Road between Leopard Street and Russell Drive Ayers Street between Alameda/Staples and Port Avenue. Agenda Regular Council Meeting _-June 13, 2000 !age 5 10. 11. "~2.a. 12.b. 13. 14. CITY COUNCIL PRIORITY ISSUES (Refer to iegend at the end of the agenda summary) c) d) Southgate Street within La Armada Housing Project City's Health Clinic located at 5805 Williams Drive. Motion authorizing the City Manager or his designee to execute Change Order No. 5 in the amount of $128,900 with Chief Contracting, Inc. of Houston, Texas for the AllisonlBroadwaylGreenwoodlOso Basins: 15" Diameter and Larger Sewer Line Cleaning project. (Attachment # 10) Motion authorizing the City Manager or his designee to execute a construction contract with Mitchells Unlimited for a total fee not to exceed $55,250 for the O.N. Stevens Water Treatment Plant Pdmary and Secondary Basins No. 3 and 4 Flocculator Equipment Rehabilitation project. (Attachment # 11) Ordinance appropriating $30,405.77 from Barnlay Grove Units 4 and 5 developer contribution to Drainage Channel No. 31 in the No. 6010 Drainage Channel 31 Trust Fund; amending Ordinance No. 023702 which appropriated the Trust Funds, by adding $30,405.77 to the No. 6010 Drainage Channel 31 Trust Fund. (Attachment # 12) Motion approving payment of $30,405.77 developer's contribution from Barclay Grove Units 4 and 5 from the No. 6010 Drainage Channel 31 Trust Fund to Mark Bratton Trustee, for disbursement to the appropriate funding owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Christi and Trustee. (Attachment # 12) Ordinance appropriating $11,985.81 from Brighton Village Unit 8A developer's contribution to Drainage Channel No. 31 in the No. 6010 Drainage Channel 31 Trust Fund; amending Ordinance No. 023702 which appropriated the Trust Funds, by adding $11,985.81 to the No. 6010 Drainage Channel 31 Trust Fund. (Attachment # 13) Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with HEB Grocery Company for the right to install and maintain aerial communications cables across the McCampbell Road street right-of-way, to provide communication link between the HEB facilities on the west and east sides of McCampbell Road; establishing a fee of $310. (Attachment # 14) Agenda Regular Council Meeting .,--June 13, 2000 ~age 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 15. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Housing Authority of the City of Corpus Christi (Authority) for the Corpus Christi Police Department to provide supplemental police services to the Authority on a voluntary overtime basis, for a period of twelve months and not to exceed $125, 176, to improve the efficiency and productivity of governmental resources. (Attachment # 15) J. PUBLIC HEARINGS: ZONING CASES: 16. Case No. 0500-05, Carl Howard: A change of zoning from an "AB' Professional Office District to a "B-1" Neighborhood Business Distdct on Port Aransas Cliffs Addition, Block 814, Lots 57, 58, 59, 60, 61, and 62, located on the east side of South Alameda Street, approximately 50 feet north of Sinclair Street. (Applicant has requested withdrawal of zoning request) (Attachment # 16) Plannine Commission's and Staffs Recommendation: Denial of the "B-1" District, and in lieu thereof, approval of a "B-1A" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance upon application by Carl Howard by changing the zoning map in reference to Lots 57 through 62, Block 814, Port Aransas Cliffs Addition, from "AB" Professional Office District to "B-1A" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CRIME CONTROL DISTRICT BUDGET: (WILL BEGIN AT 2:00 P.M.) 17. Public Comment on proposed FY00-01 Corpus Christi Crime Control & Prevention District Budget. (Attachment # 17) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: Agenda Regular Council Meeting .~---June 13, 2000 ~age 7 18. 19. 20. 22. 23,a. 23.b. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion authorizing the City Manager or his designee to execute Change Order No, 4 in the amount of $1,812,870.75 with ASI-RCC, Inc., of Bueno Vista, Co. for the Wesley Seale Dam Spillway Stabilization project. (Attachment # 18) Motion approving the submission of FY00-01 Community Youth Development Programs in the amount of $500,000 to the Texas Department of Protective and Regulatory Services as recommended by the Community Youth Development Steering Committee. (Attachment # 19) Motion authorizing the City Manager or his designee to submit a Detail Project Application for Central Power and Light's Non- Residential Standard Performance Contract (SPC) Program for an LED Traffic Signal Changeout Program. (Attachment # 20) First Reading Ordinance - Amending the City Code of Ordinances, City of Corpus Chdsti, Chapter 55, Utilities, regarding compressed natural gas rates. (Attachment # 21) First Reading Ordinance - Amending the City Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding the establishment of a Builder's Incentive Program to promote the installation of natural gas powered equipment throughout the City. (Attachment # 22) Ordinance authorizing the City Manager or his designee to execute a lease with a term of up to eleven months with Austin Express, Inc. for ticket counter space, office space, gate space, aircraft parking apron space, and joint use of the baggage claim space and other common areas at Corpus Christi International Airport in consideration of payment of fees that total approximately $4.59 per enplaned passenger and that are adjusted annually based on a fixed formula. (Attachment # 23) First Reading Ordinance - Authorizing the City Manager or his designee to execute approximately an eighteen month lease ending December 31, 2001 with Austin Express, Inc., for ticket counter space, office space, gate space, aircraft parking apron space, and joint use of the baggage claim space and other common areas at Corpus Christi International Airport in consideration of payment fees Agenda Regular Council Meeting --June 13, 2000 age 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) that total approximately $4.59 per enplaned passenger and that are adjusted annually based on a fixed formula. (Attachment # 23) 24.a. Resolution authorizing the City Manager or his designee to accept the Federal Aviation Administration Multi-Year Grant Number 3-48-0051 - 28-00 (Estimated Total $6,449,476) to modify the terminal building. (Attachment # 24) 24.b. Ordinance appropriating $3,215,524 from Federal Aviation Administration Grant No. 3-48-0051-28-00 in the No. 3020 Airport Capital Improvement Fund to modify the terminal building. (Attachment # 24) 25.a. 25.b. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 1, General Provisions, Chapter 12, Boats, Bays and Waterways, Chapter21, Garbage, Trash, and other Refuse, Chapter 49, Streets and Sidewalks, regarding Solid Waste Services, the disposal of garbage, trash and other refuse, and the control of litter including increases in fees; providing for penalties, and providing for an effective date of August 1, 2000. (Attachment # 25) First Reading Ordinance - Amending Section 2140 of the Code of Ordinances, City of Corpus Christi, regarding charges for Solid Waste Collection Services. (Attachment # 25) (RECESS COUNCIL MEETING) L. CORPORATION MEETINGS: 26. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORA TION (Attachment # 26): AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION Date: Tuesday, June 13, 2000 Time: Durfng the meeting ef the City Council beginning at 12 p.m. Location: City Council Chambers Agenda Regular Council Meeting ..--.June 13, 2000 ~age 9 4. 5. 6. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~,/) City of Corpus ChHsfi 1201 Leopard Street Corpus Chdsti, Texas 78401 President Betty Jean Longoria calls the meeting to order. Secretary Armando Chapa calls roll. Board of Directors Officers Betty Jean Longoria, Pres. Rex A. Kinnison, Vice Pres. Javier Colmenem Melody Cooper Henry Garrett Dr. Arnold Gonzales John Longoria Samuel L. Neal Mark Scott W. Thomas Utter, Gen. Mgr. Armando Chapa, Secretary Mary Juarez, AssL Secretary VACANT, Treasurer Mike Har~/, AssL Treasurer Approve of Minutes of February 8, 2000. Financial Report. Appointment of Treasurer. Appointment of Loan Review Committee Members for the CCCIC. a) New Member b) Reappointment of members Authorization of acquisition of Lots 33 through 40, Block 1602, Bay Terrace #2 Subdivision in the amount of $19,084 for the Summer Youth Works Program. Public Comment. Adjoumment. (RECONVENE COUNCIL MEETING) Agenda Regular Council Meeting ---June 13,2000 'age 10 27. 28. SPECIAL BUDGET PRESENTATION: Public comment will not be solicited on Budget issues until Public Headng and First and Second Readings of Budget Ordinance. Overview of FY00-01 Budget Workshop including General Fund revenue assumptions, expenditures and fund balance 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, Chapter 551 of the Texas Govemment 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 regarding William Goodson v. City of Corpus Christi et al, No. C-97-269, United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding Robert Salyer v. City of Corpus Christi, No. 99- 61580-2, County Court at Law No. 2, Nueces County, Texas, with possible discussion and action in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Counc~ 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 COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting _,,June 13, 2000 'age 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 29. 30. 31. CITY MANAGER'S REPORT * Upcomingl~ms MAYOR'S UPDATE COUNCILAND OTHER REPORTS 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 2:00 p.m., June 9, 2000. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. City Council Priority Issues Improvement Improvement in Delivery of Basic Services - Trash, Brush & Debds 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 4 Expansion of the Bayfront Plaza Convention Center -~;,~ Capital improvements Bond Issue ~ Successful Implementation of Crime Control District Objectives f~tf~ Community Oriented Policing ~1~ Economic Development Plan jj~Storm Water Utility/Drainage '('"'~: Completion of Airport Improvements ~,~ Assessment of Street Needs (Planned Street Program) Northside Plan Additional Golf Course Youth Crime Initiatives Environmental Compliance CDBG Funding Assessment Privatizing Services Improvement of Citizen Response System ICreation of a "Development Center'' i/,~';~ Residential Communities Involved in Park Development i~-~ .a~ront Development Plan M1NUTES JOINT MEETING OF THE CORPUS CHRISTI CITY COUNCIL AND CRIME CONTROL AND PREVENTION DISTRICT BOARD OF DIRECTORS May 30, 2000 - 12:08 p.m. CITY COUNCIL Mayor Samuel L. Neal Jr. Mayor Pro Tern Dr. Arnold Gonzales Javier D. Colmenero Melody Cooper Henry Garrett Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott City Staff Present City Manager David R. Garcia Assistant City Attorney Jay Reining City Secretary Amaando Chapa Police Chief Pete Alvarez Recording Secretary Rachelle P. Ram6n CRIME CONTROL DISTRICT BOARD Leon Loeb, President Larry Baker Linda Bridges W.L. Hermis John Heldenfels Jose Olivares ~SENT Ieanette Bazar (Crime Control District) Danny Mora (Crime Control District) Isaac Valencia (Crime Control District) Mayor Neal called the meeting to order in the Basement Training Room of City Hall. City Secretary Chapa checked the roll and verified that a quorum was present to conduct the meeting. Mr. Loeb verified that there was a quorum of the Board of Directors of the Corpus Christi Crime Control and Prevention District. Mr. Loeb said the board had submitted to the Council the district's budget for fiscal year 2000-2001 which is basically in conformance with the five-year plan originally proposed for the district. He said the board met on May 26, 2000 and heard staffs recommendations for reducing the scale of several crime control district programs. Police Commander Bryan Smith, Crime Control and Prevention District Coordinator, referred to the district' s budget and financial forecast for the five-year plan as well as a forecast for Year 6 (FY 2003-04). He said the upcoming Year 3 budget (FY 2000-01) reflects no major changes, although the Year 6 projections show an approximate $1.4 million yearly deficit if revenues and expenditures continue as they are. He said they are proposing curbing expenditures to match revenues so as to have a balanced budget in Year 6 and beyond. Cmdr. Smith pointed out that there is concern the voters will not reapprove the crime control district after the fifth year if the budget is not balanced. Council Member Betty Jean Longofia said she wanted to ensure that the quality of the crime control district programs is not lessened as a result of personnel expenditure needs. Cmdr. Smith said Minutes - Regular Council Meeting May 30, 2000 Page 2 discussed political signs that are illegally in place long after the election. Mr. Abel Alonzo, 1701 Thames, said the Council will need to put their individual agendas aside and reach a consensus on necessary reductions in the FY 2000-01 city budget, such as employee's positions. He reminded the Council of the upcoming bond election and the importance of passing a balanced budget. Mrs. Debbie Lindsey-Opel, 4326 Kostoryz, announced two upcoming performances in the "Shakespeare in the Park" series: "Romeo and Juliet" on June 3rd and "Comedy of Errors" on June 4th. She said Cole Park offers a very unique venue for those performances. Ms. Rebecca Brenia, 6225 Saratoga, an employee of U.S. Cellular, said she has been working with Mrs. Lindsey-Opel on the "Shakespeare in the Park" performances. She commended Ms. Chris Barnes and Mr. Dan Whitworth of the Park and Recreation Department for their efforts. City Secretary Chapa announced that Item 14, zoning case number 0400-01, Marshall Company, had been withdrawn by the applicant. Mayor Neat called for consideration of the consent agenda (Items 2-11 ). Council members and audience members requested that Items 8 and 11 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M2000-161 Motion approving the purchase of Graphical User Interface (GUI) from Tiburon, Inc. sol°tware for public safety dispatching stations in the mount of $46,153. The award is based on sole source and will be used by the Police Department. Funds are provided through the Law Enforcement Trust Fund. The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 3. M2000-162 Motion authorizing the City Manager or his designee to execute a construction conlzact with A-Plus Paving and Cons~uction, Inc. for a total fee not to exceed $74,000 for Minor Storm Drainage Improvements at the following three locations: 1) Philip Drive at Queen Drive (north end); 2) Philip Drive at Queen Drive (south end); and 3) Yorktown Boulevard at Rodd Field Road Intersection. The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Joint Meeting May 30, 2000 Page 3 for a 24-hour period but GCCLR's runaway shelter is licensed to do that. She described the process that is followed at the shelter. She said the total cost of their proposal is $160,000 because they do not have the overhead expenses that the district has. In response to Mayor Neat, ChiefAlvarez said there will be a police academy graduating on July 7th with 20 officers, I0 of which are through the crime control district. A brief discussion ensued about the academy and hiring for attrition. Referring to the district's budget, Mr. Loeb said the board's intent at that meeting was to present the Council with the preliminary FY 2000-01 budget, and he noted that a public hearing on it will be held during the June 13th Council meeting. He said the board did not need Council approval at that time on the proposed reductions that were discussed, but he encouraged the Council members to share any concerus they might have about the plan or other suggestions with the board members. Responding to Dr. Gonzales, Ms. Bridges explained the differences between Dr. Garza's program at the runaway shelter and the juvenile assessment center's program. which is a certified holding facility. She noted that if the center' s services were contracted ont to a third-party provider, such as GCCLR's shelter, they would lose some grants because they can only be used by governmental entities. She said the feeling was that while Dr. Garza's program is an excellent one, it is a piece of the picture whereas the assessment center is the bigger picture. Ms. Mariah Boone, director of the assessment center, further described the center's operation, including statistical information. A discussion ensued and Council Member John Longoria commented on the need to maintain efficient operation of the assessment center, including having a system that tracks the youths' progress. Ms. Paige Dinn informed the Council that Youth Opportuhities United (YOU) has been working on a comprehensive strategy to prevent juvehile crime. She said a subcommittee of YOU met with three local judges who said that the information they are receiving from the juvehile assessment center is very helpful, such as whether the offender is a truant or a curfew violator. She further discussed the importance of reliable information to address the issues that arise. Mr. Abel Alonzo said the crime conttol board wants to run the district 's programs in the most effective manner possible. He said he is aware that Dr. Garza is very comnutted to youth and he said she should have provided data about her proposal. Mayor Neal thanked the crime control board for their efforts. Council Member Colmenero asked that Dr. Garza and GCCLR be kept informed about these issues. There being no further business, Mayor Neat adj ourned the joint meeting at 1: 30 p. m MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 30, 2000 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Dr. Arnold Gonzales Council Members: Javier D. Colmenero* Melody Cooper Henry Garrett Rex A. Kinnison Betty Jean Longoria* John Longoria Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe Assistant City Attorney Jay Reining City Secretary Armando Chapa Recording Secretary Rachelle P. Ram6n Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Charles Richardson, Calvary First Baptist Church, following which the Pledge of Allegiance to the United States flag was led by Council Member John Longoria. City Secretmy 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 Neat called for approval of the minutes of the bond program public hearing of May 22, 2000, and the regular Council meeting of May 23, 2000. A motion was made and passed to approve the minutes as presented. Mayor Neal called for petitions from the audience. Mr. J.E. O'Brien, 4130 P ompano, said some of the comments made by Cotmcil members last week regarding the Council reports portion of the meetings were similar to the arguments made by members of the audience concerning the public comment portion of the meetings. Mr. O'Brien said he thought there should be a prohibition against the Council engaging in deliberations during Council reports. He referred to a letter tiom the Attorney General to a private citizen in response to concems regarding public comment during Council meetings. Mr. O'Brien agreed with Council Member GonTales that the City Attorney had merely issued an opinion on the subject, and he added that five citizens have challenged the City Attomey's statement that a loan is not a transfer. *Council Members Javier Colmenero and Betty Jean Longoria arrived at the meeting. Mr. Jack Gordy, 310 Norton St., said there is a city ordinance which makes it illegal to drink alcoholic beverages in any city park or parking lot that is connected to a city park. He said he has witnessed people drinking alcohol in parking lots along Leopard Street. He urged the Council to amend the wording of the ordinance to prohibit the consumption of aicohol on city property. He also Minutes - Regular Council Meeting May 30, 2000 Page 2 discussed political signs that are illegally in place long after the election. Mr. Abel Alonzo, 1701 Thames, said the Council will need to put their individual agendas aside and reach a consensus on necessary reductions in the FY 2000-01 city budget, such as employee's positions. He reminded the Council of the upcoming bond election and the importance of passing a balanced budget. Mrs. Debbie Lindsey-Opel, 4326 Kostoryz, announced two upcoming performances in the "Shakespeare in the Park" series: "Romeo and Juliet" on June 3rd and "Comedy of Errors" on June 4th. She said Cole Park offers a very unique venue for those performances. Ms. Rebecca Brenia, 6225 Saratoga, an employee of U.S. Cellular, said she has been working with Mrs. Lindsey-Opel on the "Shakespeare in the Park" performances. She commended Ms. Chris Bames and Mr. Dan Whirworth of the Park and Recreation Department for their efforts. City Secretary Chapa announced that Item 14, zoning case number 0400-01, Marshail Company, had been withdrawn by the applicant. Mayor Neat called for consideration of the consent agenda (Items 2-11). Council members and audience members requested that Items 8 and 11 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M2000-161 Motion approving the purchase of Graphical User Interface (GUI) from Tiburon, Inc. software for public safety dispatching stations in the amount of $46,153. The award is based on sole source and will be used by the Police Department. Funds are provided through the Law Enforcement Trust Fund. The foregoing motion passed by the following vote: Neat, Colmenem, Cooper, Garrett, GoBTales, Irdnnison, B. Longoria, J. Longoria, and Scott voting "Aye." 3. M2000-162 Motion authorizing the City Manager or his designee to execute a construction contract with A-Plus Paving and Construction, Inc. for a total fee not to exceed $74,000 for Minor Storm Drainage Improvements at the following three locations: 1) Philip Drive at Queen Drive (north end); 2) Philip Drive at Queen Drive (south end); and 3) Yorktown Boulevard at Rodd Field Road Intersection. The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Regular Council Meeting May 30. 2000 Page 3 4. M2000-163 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $46,452.50 with EPSCO International for construction of the Oso Water Treatment Plant West Walkway Grating and Structural Support Replacement project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kiunison, B. Longoria, J. Longoria, and Scott voting "Aye." 5. M2000-164 Motion authorizing the City Manager or his designee to execute an agreement with the General Land Office of the State of Texas granting an easement for use in roadway/bridge and utility consm~ction (Spur 3, Phase 2 Ennis Joslin from Ocean Drive to South Padre Island Drive), over the Oso Bay, State Tract C for consideration of $26,930. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. M2000-165 Motion authorizing payment of the Special Commissioners' condemnation award of $120,000 for the acquisition of Parcel No. 27 located on Ennis Joslin Road between Del Oso and Nile Drive in connection with the Spur 3, Phase 2 Improvements project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7.a. M2000-166 Motion authorizing the City Manager or his designee to accept a grant in the amount of $55,038 from the State of Texas, Criminal Justice Division for funding available under the Violence Against Women Act (VAWA) Fund and to execute all related documents. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, ConTales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7.b. ORDINANCE NO. 024047 Ordinance appropriating $55,038 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1050 Federal/State Grants Fund for funding available under the Violence Against Women Act (VAWA) Fund; transferring $5,925 from the No. 6010 Law Enfomement Trust Fund and appropriating it in the No. 1050 Federal/State Grants Fund as grant matching funds. Minutes - Regular Council Meeting May 30. 2000 Page 4 10. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero. Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ORDINANCE NO. 024048 Ordinance abandoning and vacating all the easement rights granted originally to Houston Natural Gas Corporation and assigned to the City of Corpus Christi, as successor in interest thereto, to a 246,044-square foot portion of a blanket easement within Lot 1, Oso Farm Tracts; recorded in Volume A, Page 49 of the Map Records of Nueces County, Texas; subject to compliance with the specified conditions and the owner, SVD Realty, L.P., replatting the property within 180 days at its expense. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, ConTales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ORDINANCE NO. 024049 Ordinance abandoning and vacating a 3,408-square foot portion of a 10-foot wide utility easement out of Lot 6, Block 10, Schanen Estates Subdivision; and requiring PAW Properties, LTD, owner of said property to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, ConTales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neat opened discussion on Item 8, low-income housing tax credits. Mr. Abel Alonzo thanked Mr. Tom Utter, Assistant City Manager for Development Sexwices, saying he has worked very hard to ensure that low-income people are given the oppommity to live in the most inclusive environment possible. He added that he hopes apartment complexes like this will be the model for the future. City Secretary Chapa polled the Council for their votes as follows: 8. RESOLUTION NO. 024046 Resolution of the City Council of the City of Corpus Christi supporting and endorsing Holly Park Apartments in its application for Year 2000 Low Income Housing Tax Credits through the Texas Department of Housing and Community Affairs. The foregoing resolution passed by the following vote: Neai, Colmenero, Cooper, Garrett, 8 Minutes - Regular Council Meeting May 30. 2000 Page 5 Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 11, lease agreement with the Veterans Band. Mr. J.E. O'Brien said the Veterans Band of Corpas Christi is a major asset of this corranunity and he strongly supports the proposed ordinance. Mr. Ram Chavez, musical director and founder of the Veterans Band of Corpus Christi, said they expressed their appreciation to the city, specifically Mr. Utter and Mr. Jim Boggs. Mayor Neat praised the Veterans Band for their work. Responding to Council Member Kirmison, Mr. Utter said that with one exception, the city can execute leases up to 60 years. The leases in the Bayfront Arts and Science Park are typically for 20-year terms. City Secretary Chapa polled the Council for their votes as follows: 11. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a twenty year lease agreement with the Veterans Band of Corpus Christi, Texas for the Buddy Lawrence House located at Heritage Park (Lots 4, 5 and 6, Block 60, Beach Portion of the City of Corpus Christi, Texas) to be used for operations of the Veterans Band of Corpus Christi, Texas in consideration of one hundred and fifty ($150) monthly and interior maintenance of the facility. The foregoing ordinance passed on first reading by the following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neat referred to Item 12, and a motion was made, seconded and passed to open the public heating on the following zoning case: 12. Case No. 0200-03 ~ Anna K. Moore: A change of zoning from an "A-1" Apartment House District to an "AB" Professional Office District on Bayfront Terrace, Block 4, Lot 7 and portion of Lots 8 and 9, located on the southwest comer of Ayers Street and Ocean Drive. City Secretary Chapa said the Planning Commission recommended denial of the "AB" District, and in lieu thereof, approval of a special permit for medical and professional offices subject to a site plan and five (5) conditions. He said the Planning staffs recommendation was denial of the "AB" District. The ordinance on the agenda reflected the Planning Commission' s recommendation. Mr. Michael Gunning, Director of Planning and Development, gave a computer presentation on the zoning case. He noted that all of the properties south of Elizabeth Street along Ocean Drive 9 Minutes - Regular Council Meeting May 30, 2000 Page 6 to Louisiana Parkway retain residential zoning (either single-family or multi-family). He said the Southeast Area Development Plan recommends that that area along the Ocean Drive frontage remain residential. Mr. Gunning said staff believes that if an outright zoning change or a special permit is granted for the subject property, it will penetrate the Ayers Street barrier. Responding to Council Member Colmenero, Mr. Gunning said the subject property is immediately surrounded by residential properties. Mayor Neal called for public comments. Ms. Donna Rapado expressed concem about the possibility of people parking in the alley behind the subject property. Mr. Gunning replied that the garage building behind the existing two- story apartment on the subject property will be removed to make room for additional parking. He said he discussed the proposed site plan with the city' s traffic engineering staff and they felt there would be sufficient room for cars. Mr. William Allen, President of the Del Mar Neighborhood Association, said the association is opposed to the proposed zoning change from "A-I" to "AB" zoning. He said they agree with city staff that the "AB" zoning should be denied, and they cautiously agree to the special permit with five conditions. Mrs. Dorothy Spann, Chairperson of the Street Improvements and Zoning Committee of the Del Mar Neighborhood Association, described the association's long-time involvement in the neighborhood. She said they agree with city staff about maintaining the residential character of Ocean Drive south of Ayers Street. She also expressed concern about the possibility of dental offices being opened on the subject property and she questioned Ocean Drive access. Responding to Council Members Betty Jean Longoria and Scott, Mrs. Spann said the association cautiously supports the Planning Commission's recommendation with the inclusion of the stronger language for the special permit she described previously. Dr. Steven Rush, 409 Del Mar, husband of the applicant, said he is a board-certified general surgeon. He said he is not interested in having a dentist share that facility but he did want to include another surgeon. He said there is no access to Ocean Drive from the subject property. He said he has acted in good faith and is not interested in commercializing Ocean Drive, which is the same position of the Del Mar Neighborhood Association. Mr. Hal George, an attorney represenfmg the applicant, Ms. Anna K. Moore, said they support the Planning Commission's recommendation for a special permit for medical and professional offices. He said the bungalow on the subject property fronting Ocean Drive and the back pan of the property where the medical offices will be located will be upgraded and improved. He said a medical office will have less of an Impact on infrastructure than apartments. He added that an old garage will be demolished for parking space. Mr. Garrett made a motion to close the public heating, seconded by Mr. Colmenero, and passed. 10 Minutes - Regular Council Meeting May 30, 2000 Page 7 Responding to Mr. Longoria, Mr. Utter said if the Council approved the Planning Commission's recommendation. the subject property would retain its "A-1" zoning but would be granted a special permit for medical and professional offices with five conditions. Mayor Neal pointed out that staff was recommending denial of the zoning change. Mr. Gunning further explained the Del Mar Neighborhood Association's position, and Mr. Utter discussed the terms of the special permit and the reason staff was opposed to the rezoning. Mr. Utter pointed out that in the proposed ordinance, the description of the second special permit condition varies slightly from the wording in the minutes of the Planning Commission meeting (page 97 of the background material). Mr. Chapa said the Council would have to amend the ordinance to include the wording changes explained by Mr. Utter. Mr. Scott made a motion to amend the ordinance as stated, seconded by Mrs. Longoria. and passed. Mr. Chapa then polled the Council for their votes on the mended ordinance as follows: 12. FAILED TO PASS Amcnding thc Zoning Ordinancc upon application by Anna K. Moorc by changing the zoning iilap in reference to Lot 7 and portions of Lots 8 and 9, Block 4, Bayfront Tcr~aec froin "A 1" Apartment Ilousc District to "A 1" Apolh~icnt Ilousc District with a Special Pcrii~it for iilcdical and professional offices, subject to a site plan and five (5) conditions on said property; n.-i;cnding thc Comprchcnsivc Plan to account for any dcviations froi~ thc cxisting Coii~prchcmivc Plan. The foregoing ordinance failed to pass by the following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "No." Mayor Neat referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 13. Case No. 0400-03. William R- Janelle: A change of zoning from an "R-1B" One-family Dwelling District to a "B-4" General Business District on Windsor Park Unit 4, Block 23, Lot 9, located on the southwest comer of Bumey and Lansdown Drives. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of an "AB" Professional Office District with a "SP" special permit for a dental lab subject to three (3) conditions. Mr. Gunning gave a computer presentation on the proposed zoning change. No one appeared in opposition to the zoning change. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting May 30, 2000 Page 8 13. ORDINANCE NO. 024050 Amending the Zoning Ordinance upon application by William R. Janelie, by changing the zoning map in reference to Lot 9, Block 23, Windsor Park Unit 4, from "R-1B" One-family Dwelling District to "AB" Professional Office District with a Special Permit for a dental laboratory subject to three (3) conditions; 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: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal called for a brief recess. 14. WITHDRAWN Aiilcnding the Zoning Ordinance, upon application by the Marshall Colapany, by changing the zoning iilffp in rcfcrenec to approxh~iatcly 2.96 acres, consisting of Lot 1, Block 1, Riverside Park Annex, ("2.96 acres") and approxiiiiatcly 1.499 acres out of south portion Tract g and north portion Tract 12, Fallins Riverside, C1.409 acres") by changing "2.96 acres" from "F-R" Fn.i Rural DisUict to "AB" Professional Office District and by changing "1.499" acres bo~. "R 1B" One-fmrfily Dwelling District to "B 1" Neighborhood Business District witira Special I~,,it for a eontractor's warehouse and outside storage subject to a site -plan and six (6) conditions; ranending the conlprchcnsivc plan to account for any deviations froni the existing Conlprehcnsivc Plan. Mayor Neal opened discussion on Item 15, consolidated emergency dispatch center. Capt. Leonard Scott, Technical Services Manager of the Corpus Christi Police Depamuent, gave a computer presentation on the proposed dispatch center, known as Metrocom. He explained that consolidation of those services has been a goal of the CCPD and the Nueces County Sheriffs Department for over a decade due to their overlapping jurisdictions, use of the same radio and computer systems, and similar 911 systems. He said the goal of Metrocom is to combine the two dispatch centers to provide a center to process all public safety calls for the city and county. Other agencies can be included in the center in the future. Capt. Scott said the county has agreed to pay $70,000 of the direct cost to accommodate the county into the city's communication center. He said the city will administer the center under an adopted set of operating procedures and budget to be developed by the Systems Operations Committee as established by the interlocal cooperation agreement and approved by the Metrocom 12 Minutes - Regular Council Meeting May 30. 2000 Page 9 Board, which consists of the County Judge and the Mayor of Corpus Christi. In addition, Capt. Scott described the composition of the Systems Operations Committee: Nueces County Sheriff(or his representative); member named by the Nueces County Commissioners Court; C.C. Police Chief (or his representative); C.C. Fire Chief (or his representative); city representative; RTA representative; and a non-city/county representative elected by other Metrocom public safety dispatch system users (should there be any in the future). Capt. Scott then described the phases and timing of the consolidation as well as costs associated with it. Mayor Neal recognized Nueces County Sheriff Larry Olivarez and C.C. Police Chief Pete Alvarez. SheriffOlivarez said he felt the city and county had reached an agreement that is in the best interest of both entities. Chief Alvarez said they had had a fruitful meeting that morning addressing the Sheriffs concerns and they will continue to work with him as the center progresses. Several Council members commented on the significance of this project and thanked those involved. Mr. Abel Alonzo said it was good to see the county and city working together on this project but he noted that the RTA is also a participant, which will benefit those who utilize public transportation. City Secretary Chapa polled the Council for their votes as follows: 15. KESOLUTION NO. 024051 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with Nueces County to implement a consolidated emergency dispatch center. The foregoing resolution passed by the following vote: Neai, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 16, Frost National Bank building lease. Mr. Angel Escobar, Director of Engineering Services, explained that in June 1999 staff presented to the Council a needs assessment that looked into the space requirements for City Hall, City Hall Annex, Police Department, Municipal Court and Fire Administration. Staff evaluated six proposals and determined that the least expensive one was $4.86 per square foot per year as proposed by Frost Bank. He said staff also evaluated the possibility of constructing a new building but Frost Bank's proposal was still less expensive. Mr. Escobar said the proposed 21-year lease is for the city to utilize 41,289 square feet and for the bank to continue using I 1,301 square feet, for a total of 52,590 square feet. In addition, there would be no rental fee to the city for the first two years. The agreement also provides the city up to $500,000 to pay for any repairs or building remodeling, which includes the arcnitect's fee, to allow 13 Minutes - Regular Council Meeting May 30, 2000 Page 10 the city to utilize the building areas as described. He added that the lease contains a cancellation option, which he explained. Mr. Escobar said the bank will install separate utility and electricity meters so as to separate utility usage. Mr. Escobar and Mr. Ken Kohrs, Manager of Property and Land Acquisition, further described other aspects of the lease, including the purchase option. City Manager Garcia pointed out that pax1 of staffs plan is to utilize the first floor of the Frost Bank building for a "one-stop" development or business service center, which is one of the Council's priorities. Responding to Mayor Neal, Mr. Kohrs described how the $500,000 is built into the long-term lease payments. He also discussed the payment schedule and the timing of the building's occupation. Mr. Garcia said their intent is to exercise a purchase option at some point during the lease agreement and they wanted to ensure that the city' s rental payments were credited toward that, which he explained. A discussion ensued about the purchase option, taxes, and the small business development center. Mayor Neat called for comments from the audience. Mr. J.E. O'Brien said the Council has to determine whether the city needs that facility and whether it is vital to future city operations. He said ~e upfront costs appear to be reasonable but he expressed concem about the long-range implications. Mr. Garcia said staff wanted to negotiate a fixed purchase price, but the bank' s position was that they were loaning the city $500,000 and granting a below-market rental rote. Consequently, they were unwilling to lock in a fixed price until the ninth year. He said fithe city wishes to purchase the building anytime prior to the ninth year, they will have to negotiate with the bank. Council Member John Longoria questioned whether this item could be considered on two readings. Mr. Garcia replied that he had promised Frost Bank that staff would try to have an answer by the meeting that day. Mr. Mike Carrell, President of Frost Bank, said the bank has a lot of cost associated with the building and they need the full 20-year term to burn off the depreciation. Responding to Council Member Colmenero, Mr. Garcia said that currently the city does not have the resources to buy the building but it is possible that they will have the resources to make an offer on the building prior to the first option, which will have to be negotiated with the bank. Following a brief discussion, Mr. Carreil said the reason the bank is willing to come in with a below- market rent is because the city is willing to rent the building for 21 years. Mr. Longoria said he did not think it would harm anything to consider the item on two readings. Mr. Cart'ell said bank officials were aware that the Council was not scheduled to meet on June 6th and there is another party interested in the building. He said they are giving up other opportunities in order to keep this offer on the table. Mr. Kinnison also expressed concern about the purchase option and the need to consider the item that day. City Secretary Chapa polled the Council for their votes as follows: 14 Minutes - Re, gular Council Meeting May 30, 2000 Page 11 16.a. M2000-167 Motion authorizing the City Manager or his designee to execute a lease agreement and an option to purchase with Frost National Bank for 41,289 square feet of the Frost Bank Building located at 2402 Leopard Street and the land on which the building is situated and Lots la, 2, 3, 4, and 5, Block 1, Nelson Addition No. 2. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, and Scott voting "Aye"; Kirmison and J. Longoria voting "No." 16.b. ORDINANCE NO. 024052 Ordinance appropriating $500,000 from the Frost National Bank lease purchase agreement in the General Fund No. 1020, amending FY99-00 budget adopted by Ordinance No. 023702, to increase appropriations by $500,000 in the No. 1020 Fund; for office space improvements to the Frost Bank Building. An emergency was declared and the foregoing ordinance passed by the following vote: Neat, Colmenem, Cooper, Garrett, ConTales, B. Longoria, and Scott voting "Aye"; Kinnison and J. Longoria voting "No." 16.c. M2000-168 Motion authorizing the City Manager or his designee to execute a contract with Morgan Spear Associates, Inc. in the mount $41,560 for architectunfl services associated with the Frost National Bank Building Lease Purchase Improvements. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garretr, Gonzales, B. Longoria, and Scott voting "Aye"; Kinnison and J. Longoria voting "No." Mayor Neal opened discussion on Item 17, Wesley Seale Dam spillway stabilization project. Responding to a question from the Mayor, Dr. Ron Waters of Freese & Nichols said they do not yet have the exact cost to repair the spillway chute, but they anticipate it will be approximately $1.5 million. Mr. Kevin Stowers, Assistant Director of Engineering Services, said there have been three change orders on the construction part of the contract for a total of $12,500. He said the city pays Dr. Waters' fees directly as a separate conlract for professional services (as opposed to the construction contract). He said the total cost of the project is estimated at $22.1 million and the budget presented to the Council at the time the construction contract was awarded was for $23 million. He added that the city sold $26 million in bonds for the project. Dr. Waters said they have asked the contractor to maintain his schedule but also to assign a Minutes - Regular Council Meeting May 30. 2000 Page 12 special crew to the spillway chute project. Responding to Council Member Colmenero, Dr. Waters said they have not found huge voids beneath the spillway chute. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17. M2000-169 Motion authorizing the City Manager or his designee to execute Amendment No. 9 to the contract with Freese & Nichols Inc. in the amount of $344,600 for engineering services for the Wesley Scale Dam Spillway Stabilization project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Mayor Neat opened discussion on Item 18, amending the FY 99-00 budget. Deputy City Manager Noe said the outside auditor and city staff have concurred on a recommendation on the administrative cost recovery, which represents an increase in the administrative cost recovery system in the current year of $77g,000, which is slightly less than initially proposed. Another item was the allocation of the Economic Development Corporation (EDC) cost, in which staff proposed to allocate equally among the three utilities and the General Fund. However, the auditor recommended an allocation that was based on operating revenues in the utilities and property tax and sales tax revenues in the General Fund, which splits 45% of the cost of the EDC to the General Fund and 55% to the utility funds. Council Member ConTales questioned the proposed EDC allocation. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien said that in 1997 the Council contracted with a consultant to assist the city with cost allocations. He acknowledged that the city has budget problems, but he questioned why major increases in charges to the utility fund are being recommended. He then discussed the specific proposed allocations. Mr. Jack Gordy said the Council should be concerned about whether the proposed allocations are legitimate. He urged them to think before they vote. Council Member Kinnison thanked staff for discussing the proposed allocations with the outside auditors. He said he would vote in favor of Item 18, although if the Council members had line-item veto power, he would vote against the fire hydrant and economic development allocations. Mr. Garcia said that the financial forecast included projections for rate increases of about 6% a year for the next five years. However, since the utility funds are doing well largely due to reengineering efforts, staff will not be recommend'rag 6% increases in water or wastewater in the upcoming budget. 16 Minutes - Regular Council Meeting May 30. 2000 Page 13 Responding to Council Member Scott, Mr. Noe said the auditors have determined that the proposals are a legitimate charge given the parameters of accounting procedures and the City Charter. A brief discussion ensued. Mayor Neal asked Mr. O'Brien and other members of the Taxpayers Association to work with the Council to help resolve those difficult issues. City Secretary Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 024053 Ordinance amending Ordinance No. 023702 which adopted the FY99-00 Budget by increasing appropriations in certain funds, adjusting the mounts of certain interfund transfers, and increasing revenue estimates. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, GonTales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mr. Noe thanked the staffs of the city's finance and budget departments, as well as the outside auditors and bond counsel. Mayor Neat opened discussion on Item 19, temporary street closures. There were no comments from the audience. Responding to Council Members John Longoria and Kinnison, Ms. Elaine Motl said the $5 gate fee has been charged all three years the event has been held. City Secretary Chapa polled the Council for their votes as follows: 19. M2000-170 Motion approving the application from the Corpus Christi Off-Shore Racing Association to temporarily close the following street sections in conjunction with the East-West Powerboat Shoot-Out and related activities, June 9 -11, 2000: 1 ) Northbound Shoreline Boulevard (inside lane and parking lane), from the north right- of-way of Interstate 37 to the Barge Dock entrance, beginning 9:00 a~m., June 6 until 6:00 p.m., June 7, and from 6:00 p.m., June 12 until 6:00 p.m., June 13, 2000. 2) Southbound Shoreline Boulevard (inside lane and parking lane), from the north right- of-way of lnterstate 37 to the south fight-of-way of Hughes Street, beginning 9:00 a.m., June 6 until 6:00 p.m., June 7, and from 6:00 p.m., June 12 until 6:00 p.m., June 13, 2000. 3) Northbound Shoreline Boulevard (full street closing), between the north right-of-way of Interstate 37 and the south fight-of-way of Hughes Street, beginning 6:00 p.m. June 7 until 6:00 p.m., June 12, 2000. 4) Southbound Shoreline Boulevard (full street closing), between the north right-of-way of Interstate 37 and the south right-of-way of Hughes Street, beginning 6:00 p.m., June 7 until 6:00 p.m., June 12, 2000. 17 Minutes - Regular Council Meeting May 30, 2000 Page 14 5) Northbound Shoreline Boulevard (parking lane and sidewalk area) between the north fight-of-way of Imerstate 37, and Taylor Street, beginning 1:00 p.m., June 5 until 6:00 p.m., June 13, 2000. The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 20, skateboard park request for proposals (RFP). He called for comments from the audience. Mr. Robert Charlie Bryan, Director of the South Texas Progressive Sports Association, said this item is not intended to address concerns related to construction or upkeep of a skate park. They were merely asking that the RFP be issued to get feedback from potemial designers, including possible design costs. He said they have previously stated that they do not intend to ask the city to pay for this project. Responding to Council Member Gonz. ales, Council Member John Longoria said the park will be a gift to the city and the city will be responsible for cutting the grass. City Secretary Chapa polled the Council for their votes as follows: 20. M2000-171 Motion authorizing the City Manager or his designee to release a request for proposals for the design services associated with the skateboard park. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gop721es, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 21, Texas State Aquarium Association leases. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 21.a. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a one year lease with the Texas State Aquarium Association (TSAA's) to operate the parking lot in the right-of-way of Highway 181 (Harbor Bridge) in consideration of TSAA's payment of the bond fund note of approximately $150,000 annually, maintenance of the landscaping and parking lot, and if parking revenues exceed $400,000 annually, payment to City of 50% of the excess revenues. 18 Minutes - Regular Council Meeting May 30. 2000 Page 15 The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Gonzales, Kirmison. B. Longoria, J. Longoria. and Scott voting "Aye"; Garrett absent. 21 .b. FIRST READING ORDNANCE Authorizing the City Manager or his designee to execute a five-year lease with the Texas State Aquarium Association (TSAA's) to operate the parking lot in the right-of-way of Highway 181 (Harbor Bridge) in consideration of TSAA's payment of the bond fund note of approximately $150,000 annually, maintenance of the landscaping and parking lot, and if parking revenues exceed $400,000 annually, payment to City of 50% of the excess revenues. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett absent. 21.c. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a twenty-year lease with the Texas State Aquarium Association, in consideration of lessee maintaining the premises and improvements, operating a public aquarium and related facilities, and retaining all financing covenants until the related indebtedness is fully retired (including making payments when required), for Lots A-i, A-2, B, C, & D, Texas State Aquarium subdivision and an assignment of certain property of Rincon Channel owned by the Port of Corpus Christi Authority and leased to the City. The foregoing ordinance passed on first reading by the following vote: Neai, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett absent. Mayor Neal opened discussion on Item 22, HUD grant. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. M2000-172 Motion authorizing the City Manager or his designee to submit a grant application for $300,000 to the Department of Housing and Urban Development, Youthbuild Program to provide economically disadvantaged youth the oppommity to learn life skills and employable skill in construction. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Gonzales, Minutes - Regular Cotmcil Meeting May 30. 2000 Page 16 Kinnison, B. Longoria, J. Longofia, and Scott voting "Aye"; Garrett absent. Mayor Neal announced the following executive sessions: 23. Executive session pursuant to Texas Govermnent Code Section 551.071 regarding Kelly Lewis v. City of Corpus Christi No. 94-1650, 94th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 24. Executive session pursuant to Texas Government Code Section 551.074 regarding the municipal court judges, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal called for the City Manager's report. Mr. Garcia said the next meeting of the Council will be held June 13th, which will include the frrst of the budget workshops. He noted that staff' aelivered the recommended operating budget and capital budget for fiscal year 2000-01 to the Council on May 30th. Also during the June 15 h meeting there will be the first reading of the revised so2 ~. :aste ordinance and I:: : first public hea,-.::~g on the FY 2000-01 Crime Control District budget. Mr. Garcia and Mr. Rudy Garza, Acting Budget Director, further discussed the format of the budget workshops to be held through the end of the current budget year. Council members also made comments about the budget workshop process. The Mayor called for Council concerns and reports. Mr. Garrett said he had received telephone calls and letters regarding the RTA water taxi in the marina. Mr. Garcia said staff can ask the RTA board about that issue. Responding to Dr. Gonzales, Mr. Garza said staff provided a summary of the proposed reductions for the FY 2000-01 budget. Dr. Gonzales expressed concern about the safety of the children's park on the median on Shoreline Boulevard. In reply to another question from Dr. Gonzales regarding the Berry island agreement, Mr. Reining said the city has a supplemental agreement to cover any revenues that would otherwise be paid. Mr. Longoria requested more detail on the police officer manpower allocation issue. Mrs. Longoria asked that the Council' s Administrative Analysis Committee meeting be postponed until next week. There being no further business to come before the Council, Mayor Neat adjoumed the Council meeting at 6:55 p.m. on May 30, 2000. 20 ANIMAL CONTROL ADVISORY COMMITTEE - Three (3) vacancies. One (1) vacancy with term to 5-31-01 representing the category of Veterinarian and (2) vacancies with three year terms to 5-31-03 representing the category of Community at Large. COMPOSITION It shall consist of seven (7) members. Terms will be for three years. At least one member shall be a veterinarian. Two members shall be the President and Shelter Committee Chairman of the local PAWS--Gulf Coast Humane Society. The remaining four members shall represent the community at large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager, or his representative, the Director of the City-County Health and Welfare Depaxhnent or his representative and the Animal Control Supervisor shall serve as ex-officio members of the Board without vote. The Board, by majority vote, shall elect its own Chairman who shall preside at all meetings of the Board and a Vice Chairman who shall act as president in the absence of the Chairman. The Director of the City-County Health and Welfare Department or his designated representative shall serve as the secretary of the Board. MEMBERS TERM ORIGINAL APPTD. DATE Drew M. Reining (Comm at Large) * Dr. Pamela Hoge-Smith (Vetemarian) Barbara Airheart (Comm at Large) Deuny Bales (PAWS/GCHS Shelter) **Ben McDonald (Comm at Large) Dr. Steve Lee (Comm at Large) Ada Goodman (Pres., PAWS/GCHS) City Manager or Representative Dr. Nina Sisley, Dir of Public Health JeffBeynon, Supervisor, Animal Control 5-31-02 5-31-01 5-31-02 Continuous 5-31-00 5-31-00 Continuous Ex-Officio Ex-Officio Ex-Officio 9-26-95 1-23-96 3-15-94 5-19-98 7-08-97 *Resigned * *Is not seeking reappointment ATTENDANCE RATE OF MEMBER INTERESTED IN liEAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR *Dr. Steven Lee (Comm at Large) 11 9 82% *One absence was excused (Note: The board is recommending the appointment of Judith Ann Sisson and Susan Thiem for the Community at Large vacancies and Dr. Steve Lee for the Veternarian category. Dr. Steve Lee has agreed to ~ll the category of Veternarian which is being vacated by Dr. Pamela Hoge-Smith.) 21 INDIVIDUALS EXPRESSING INTEREST Gall Hoffman 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. (Qualifies - Community at Large) (10/13/99) Judith Ann Sisson Self-employed dog groomer, rescue worker & breeder, Lagtma Shores Pet Salon. Artended Schwartz College of Pharmacy, L.I.U. Brooklyn, NY. Volunteers with Lost Pet Hotline, Coastal Bend Small Breed Rescue and grooming for Humane Society and Rescue Groups. (Qualifies - Community at Large) (5- 1-00) Division Engineer, Reynolds Metal Corporation. Received B.S. from Buena Vista College, Iowa and a M.S. from Columbia University, New York. Foundhag member of the board of directors of P.A.L.S. Animal Shelter and current Secretary. Active in C.C. State School Ethics Committee and Pet Therapy Visiting Program. (Qualifies - Community at Large) (5-10-00) 22 b. C.C. MINORITY BUSINESS OPPORTUNITY STEERING COMMITTEE - One (1) vacancy with term to 8-01-03 representing the category of Community At Large. COMPOSITION The committee shall consist of a minimum of 9 and not more than 15 members and shall be composed of: 3 representatives from federal/state/local government agencies; 1 - representative from the Chamber of Commerce; 1 - representative from the Black Chamber of Commerce; 1 - representative from the Hispanic Chamber of Commerce and 3 - representatives from the private sector representing major employers with substantial contracting capabilities. A representative from the Minority Business Development Center and a representative of the Small Business Administration shall serve as Advisory Members. Members of the committee may be appointed from within or outside the city. The Mayor of the City of Corpus Christi and the Nueces County Judge shall serve as Ex-officio members. MEMBERS TERM Melanie Gonzales (Federal/State/Local) 8-01-03 Adelfino Palacios (Federal/State/Local) 8-01-01 Lino Vera (FederalIState/Local) 8-01-02 Steven Gomez, Chairman(Private Sector) 8-01-02 Joe Adkinson (Private Sector) 8-01-0 t Gabriel Rivas (Private Sector) 8-01-01 Jesse E. Guerra, Jr. (Hispanic Chamber) 8-01-02 Rev. Leroy Roundtree (Cornre. at Large) 8-01-03 Rudy 0rtiz (Chamber of Commerce) 8-01-01 Lamont Taylor (Black Chamber) 8-01-00 *Edward Sanchez (Community at Large) 8-01-03 Steve Cervantes (Private Sector) 8-01-01 Mayor Ex-officio County Judge Ex-officio Victor Martinez (MBDC) Advisory VACANT (SBDC) Advisory ORIGINAL APPTD. DATE 2-08-00 10-29-96 10-29-96 10-29-96 6-16-98 8-I 1-98 2-08-00 2-08-00 3-10-98 1-14-97 2-08-00 2-08-00 *Resigned INDIVIDUALS EXPRESSING INTEREST Rolando G. Banera Agent, New York Life. Member of Holy Family School Advisory Council, Assistant Scoutmaster Troop 24, Northside Bay Area Advisory Council Scouting Program, and the Hispanic Chamber. (10-6- 97) Willie J. Campbell Oil and Gas Industry. Participates as Corporate Trustee, Youth Director and Sunday School Teacher for St. John's First Baptist Church. He is very interested in serving the community. (Qualifies - Community at Large) (1-14-00) 23 Ann Jaime Rehabilitation Nurse Consultant. Received a Masters of Science in Nursing. Member of the Texas Nurses Association District, American Heart Association, the Bishop's Guild, and the Hispanic Women's Network of Texas. (Quali. Fu~s - Community at Large) (2-09- 00) Richard Pulido C41 Superintendent, U.S. Navy. B.S. in Business Management. Chairman of the Prostate Cancer Committee/American Cancer Society. Active in Special Olympics, Red Cross and Drag and Alcohol Advisor. (Qualifies - Community at Large) (1-20-99) Dr. Avis W. Rupert Assistant Professor of English, Texas A & M - Corpus Christi. B.B .A. in Business and M.A. in Composition Studies. Serves of the University Library Committee and the English 1302ReviewCommittee. (Qualifies- Communi(F at Large) (1-11-00) Rev. Mark Stewart Pastor, Rising Star Baptist Church. Member of the Adelante Juntos Advisory Committee. (Qualifies - Community at Large) (1-07-00) 24 c. C.C. REGIONAL TRANSPORTATION AUTHORITY - Five (5) vacancies with two- year terms to 6-30-02. COMPOSITION Board of Directors consist of 11 members - 5 appointed by the City Council; 3 appointed by Nueces County Commissioners' Court; 2 appointed by the Mayors of Cities in the Transit Authority other than Corpus Christi, and the Chairman who is appointed by the Board. If Chairman is from the membership, the entity that appointed that person will appoint a replacement. Terms shall be for two years; members may serve up to eight consecutive years as stated by State Law. The State Sunset Committee suggest that the appointing bodies should consider the appointment of a regular rider of the transit system. MEMBERS TERM ORIGINAL APPTD. DATE Georgia Neblett (Mayor of other Cities), Chair 10-02-01 Robert Jones (City Council) 06-30-00 Stanley Terry, Sr. (City Council) 06-30-00 Rolando Barrera (City Council) 06-30-00 Vickie Garza (City Council) 06-30-00 John Buckley (City Council) 06-30-00 Mike Rendon (Nueces County) 09-18-01 Carole Wilkinson (Nueces County) 09-18-01 Mack Rodriguez (Nueces County) 09-18-01 Julio Garcia (Mayor of other Cities) 09-19-01 John Corder (Mayor of other Cities) 09-19-01 6-28-94 1-12-99 9-14-99 5-19-98 4-27-99 ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Rolando Barrera 7 7 100% John Buckley 12 I 1 92% Vickie Garza 12 12 100% Robert Jones 12 11 92% Stanley Terry, Sr. 12 12 100% OTHER INDIVIDUALS EXPRESSING INTEREST Yvonne S. Brown Account Executive, Strategic Resources II, Inc. Received a nursing degree from Bee County College. Member of the Chamber of Conmaerce, Hispanic Chamber of Commerce, Alzheimer's Association of the Coastal Bend and Carroll High School PTA. (2- 09-00) 25 Charles D. Irwin Management Professor, Texas A & M University - Corpus Christi. Received Ed.D. in Business Administration. Served as Civic Club President, Campus Ethics Advisor, and active in Pharaoh Valley Neighborhood Association. (6/23/97) Daniel R. Sucldey Commercial Lending Officer, American Bank. B.B.A. in Accotmting. Member of the Padre Island Business Association, Recognized as American Bank Employee of the Month - 1992 and 1996. (7-16-97) 26 d. ETHICS COMMISSION - Two vacancies with terms to 10-01-01. (Appointed by two- thirds vote of the full Council) COMPOSITION Nine members appointed by a two-thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three terms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice-chairperson. ORIGINAL MEMBERS TERM APPTD. DATE Raymond Kjser I 0-01-00 11-09-99 Garry Bradford 10-01-02 4-28-98 Rev. Derrick Reaves 10-01-02 10-12-99 Frank Tompkins, II 10-01-02 4-28-98 J. Allen Lowe 10-01-01 2-08-94 Eduardo Hinojosa 10-01-00 8-12-97 * Cecil Henry 10-01-01 10-10-95 * David Longoria 10-01-01 8 ~ 11-98 Gloria Perez 10-01-00 11-09-99 * Resigned (Note: On April 11, 2000, Council appointed Ben Donnell to replace Cecil Henry, but he was not able to accept the appointment) INDIVIDUALS EXPRESSING INTEREST Harold Frederickson - Acquisition Executive, Department of Defense. B.S., Liberty University. (2-05-9#) Fred Haley Director of Service Development, R.T.A. B.S. in Civil Engineering, Lowell (MA) Tech Institute. M.S., Civil Engineering and Master of City Planning, Georgia Institute of Technology. Has written and implemented ethics policies as General Manager of two local public transit agencies. (10-20-99) Charles Irwin Professor of Management, Texas A&M University - CC. Ed.D., Business Administration. Serves as the Campus Ethics Advisor for Texas A&M - Corpus Christi. Volunteer activities include serving as Civic Club President and former President of Pharaoh Valley Neighborhood Association. (6-23-9 7) 27 Batyah Joseph Roy Martinez Richard Pulido Raul Torres Manager, Adopt-a-Nursing Home Program. B.S. in Education, Long Island University. Member of Mayor's Council on Senior Citizen Affairs (Vice- President) and Directors of Volunteers in Agencies (DOVIA). Former member of Area Agency on Aging. (1-05-00) Letter Carrier, U.S. Postal Service. Member of American Legion, G.I. Forum, Disabled American Veterans, and National Association of Letter Carriers. Has been recognized by the Postal Service for customer service. (11-02-99) C41 Superintendent, U.S. Navy. B.S. in Business Management. Chairman of the Prostate Cancer Committee/American Cancer Society. Active in Special Olympics, Red Cross and Drug and Alcohol Advisor. (1-20-99) CPA, Self-Employed. Member of Texas Society of CPA's and American Management Association. (6- 0647) 28 PLANNING COMMISSION - One (1) vacancy with term to 7-31-00. (Note: Since the term expires on 7-31-00, it is recommeded that the new appointment be reappointed for a two-year term to 7-31-02.) COMPOSITION 9 members which shall consist of nine registered voters of the City appointed by the City Council. Elects its own chairman from among its membership at the first regular meeting in August of each year. ORIGINAL APPTD. DATE Shirley Mims W. David Cheek Danny Noyola, Vice-Chair *Ron Guzman, Chair David Berlanga David Underbrink William Kelly Elizabeth Chu Richter L. Brooke Sween-McGloin 7-31-02 7-13 -99 7-31-01 12-14-99 7-31-00 7-12-94 7-31-00 7-08-97 7-31-02 7-13-99 7-31-00 7-08-97 7-31-01 1-26-99 7-31-01 8-11-98 7-31-02 7-09-96 *Resigned INDIVIDUALS EXPRESSING INTEREST Jay Boock Controller, Occidental Chemical Corporation. B.S. in Science from Oregon State University. CPA certified in Maryland and Texas. Member of the Texas Society of CPA's and the American Institute of CPA's. (12- 13-99) Brent Chesney Randy Fartar Self-employed, Attorney. B.S. from Texas Christian University and J.D. from South Texas College of Law. Board of Director for the Gypsy Park, Deacon of First Christian Church and volunteer for Alzheimer's Association. (11-18-99) President, TexCoast Enterprises, Inc. B.B.A. in Accounting from Texas A & M University. Member of the Govemmentai Relations Committee of the Texas Association of Builders. Received the 97-98 Caller Times Best of the Best Readers Choice Award. (2-16-00) 29 James M. Goldston Guadalupe J. Gomez - William J. Green Roland Guerra Charles D. Irwin Leon Loeb John Martinez Daniel A. Pedrotti Chairman, Goldston Engineering, Inc. Received B.S. in Civil Engineering. Board Member with Asian Cultures Museum and Education Center, Corpus Christ Rotary Club, Member of A.S.C.E. and T.S.P.E. and the Navy League. (12-28-98) President, The Laredo National Bank. Received a B.B.A. in Finance. Member of the Selena Foundation, Hispanic Chamber of Connnerce, and Westside Business Association. (12-08-99) Project Manager, Goldston Engineering. Received B.S. at Rice University. Member of T.S.P.E., A.S.C.E., S.A.M.E. and a former member of the City Manager's Career Development Center. (5-30-00) Vice President, Pacific Southwest Bank. Received B.B.A. in Finance from Corpus Christi State University. Active member in the Chamber of Commerce, Hispanic Chamber and Spoh_njMemorial Diabetes Inter-Disciplinary Advisory Board Member. (01-21-99) Management Professor, Texas A & M University - Corpus Christi. Received Ed.D. in Business Administration. Served as Civic Club President, Campus Ethics Advisor, and active in Pharaoh Valley Neighborhood Association. (6-23-97) Owner, President, LandLord Resources, Inc. B.A. and M.B.A. in Business Admix~stmtion from Harvard University. Member of Tau Beta Pi (National Engineering Honorary Society) and the Urban Land Institute. Former director of the Chamber of Connnerce, Regional Transit Authority mad Economic Development Commission. (7-29-97) Attorney, The Kleberg Law Firm. B.S. in Political Science from Texas A & M University and J.D. from Baylor University School of Law. Member of Leadership Corpus Christi, Hispanic Chamber of Commerce, Image de Corpus Christi & Mediator's Association of South Texas. (12-11-99) Co-owner, Suemaur Exploration Inc. B.S. and M.S. in Geology from Texas A & M University. Served as member of Spohn Hospital Foundation, American Heart Association and Nations Bank Advisory Board. (8-11-98) 30 Eloy H. Salazar Paul Swaeina Robert Tamez Paul Torres Robert Zamora Self-employed, Real Estate Investor. Received an Associates in Business Administration. Member of the Hispanic Chamber of Commerce. (6-17-97) Lawyer/Shareholder, Brin & Brin, P.C.B.A. and J.D. from Baylor University. Member of Coastal Conservation Association, Coastal Bend Bays Foundation, Coastal Bend Land Trust and Land Trust Alliance. (12-16-99) Energy Facilitator, Citgo Corpus Christi Refmery. Graduate of Del Mar College and Measurement School of Hydrocarbons at the University of Oklahoma. Member of the Hispanic Chamber of Commerce, Westside Business Association and Chairman of CITGO/MDA Golf Tournament. (7-25- 99) C.P.A. with a B.B.A. and M.B.A. from Texas A&M University in Corpus Christi. Member of Texas Society of CPA's and American Management Association and the Head Start Program. (6-23-97) Attomey, Self-employed. B .B .A. in Accounting and J.D. from the University of Texas. Member of the State Bar of Texas Grievance Committee, Kiwanis Club, and the Nueces County Bar Association. (5-11- 00) SISTER CITYCOMMITTEE - Five (5) vacancies; one with term expiring 9-00, two with terms expiring to 9-01, and two with terms expiring to 9-02. (Note: Since one of the terms expires on 9-00, it is recommended that the member appointed to that vacancy be appointed for a three-year term to 9-03.) COMPOSITION It shall consist of a Steering Committee of twenty-one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three-year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. Them shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V-Chairman for each of the Sister City subcommittees established in accordance with Sec. 2-152. The Chairman and each vice-chairman shall be elected by majority vote of the sister city committee annually. If the General Chairman is absent, a vice chairman shall be elected from the committee to serve as General Chainnun during his/her absence. ORIGINAL MEMBERS TERM APPTD. DATE Johnnie Marie Norman 9-01 9-28-99 Kathym Barth 9-02 9-28-9c Blanca Becerra 9-02 9-28-9~c Lucy Reta 9-02 9-10-96 Yalee Shih, Vice-Chair 9-02 10-21-97 Gary Hansen 9-01 9-I 0-°~ Dine Combs 9-02 12-14-~ Rachel Gonzalez 9-01 1-23-96 Sue Dulaney 9-01 9-8-98 *Alexander Heatherley 9-01 9-28-99 * * Toni Lucario 9-02 10-13 -98 Rose Gunji 9-01 9-09-97 Elizabeth Iglesias 9-01 12-12-95 * *Joe Garcia 9-01 5-25-93 * * Sophia Hemandez 9-02 9-28 -99 Mary J. Saenz 9-00 1-14-92 Charles Tamez 9-00 9-8-98 Rodolfo Delgado 9-00 1-14-92 EIida Gonzalez 9-00 9-14-93 Miguel Rendon, Chairman 9-00 9-13-94 **Ramon Lopez 9-00 2-11-92 *Resigned * * Has exceeded the number of absences 32 INDIVIDUALS EXPRESSING INTEREST Albert Allen Retired Assistant Fire Chief. Owner of Cissi's Flower Shop. Seeking opportunity to learn about different cultures. (9-16-99) Regis Barber President/CEO, South Texas Lighthouse for the Blind. Received B.A. from OLS College and M.A. for St. Mary's University. Regional representative for the General Council of Industries for the Blind and member of the West Corpus Christi Rotary Club. (9- 03-97) Yvonne S. Brown Account Executive, Strategic Resources II, Inc. Received a nursing degree from Bee County College. Member of the Chamber of Commerce, Hispanic Chamber of Commerce, Alzheimer's Association of the Coastal Bend and Carroll High School PTA. (2- 09-00) Marvin Davis President, Marvin & Chevron Service Center. Participated in missionary work in Mexico for several years. (9-16-99) Ann Jaime Rehabilitation Nurse Consultant. Received a Masters of Science in Nursing. Member of the Texas Nurses Association District, American Heart Association, the Bishop's Guild, and the Hispanic Women' s Network of Texas. (2-09-00) Raquel Madrigal Administrative Assistant, Nueces County Clerk's Office. Associates in Applied Science and Bachelors of Science. Recognized for 199 mediations. Serves of Nueces County Dispute Resolution Board. (8-18-99) Dr. Avis W. Rupert Assistant Professor of English, Texas A & M - Corpus Christi. B.B.A. in Business and M.A. in Composition Studies. Serves of the University Library Committee and the English 1302ReviewCommittee. (1-11-00) Danielle P. Solis Speech/Language Pathologist, Corpus Christi Independent School District. B.S. in Speech Pathology/Psychology and M.S. in Curriculum and Instruction. Member of the Coastal Bend Speech and Hearing Foundation and Miller High School PTA. (9- 16-99) Robe~ Vaughan Self-employed. B.S. in Computer Science. Received recognition from Mayor Mary Rhodes. Believes City should be more educated in different cultures. (9-14- 99) Tish Walker PHT III/Surveillance, Nueces County Health Department. Received Associate of Arts from Del Mar College and B.S. from Texas A & M - Corpus Christi. Member of the National Association of Forensic Counselors and the Coalition for the Advancement of Women in Nueces County. (5-12- 00) Lamar Y. Ynostroza - Secretary/Administrative Assistant, Diocese of Corpus Christi. B.S. in Criminal Justice fi'om Corpus Christi State University. Member of the American G.I. Forum, Port-Ayers Women's Chapter, Westside Business Association and the Bay Area Female Executives. (2-09-00) 34 AGENDA MEMORANDUM RECOMMENDATION:: Motion approving a supply agreement with Business Envelopes, Inc., San Areohio, Texas in accordance with Bid Invitation No. BI-0096-00 for approximately 1,285,000 mail-out envelopes and 1,285,000 return envelopes based on best bid, for an estimated annual expenditure of $38,917.98. The term of the agreement shall 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. Funds are budgeted in FY 99-00 by Utilities Business Office. BACKGROUND: The envelopes will be used by the Utilities Business Office to mail out regular and delinquent utility statement billings. Bid Invitations Issued: 14 Bids Received: 4 Pricing has increased 14% since the last contract in 1998. The vendor states that the increase is due to the rising cost for paper products and printed materials, as well as an increase in the pricing for the corrugated cartons used for packaging the envelopes. Award Basis: Best Bid Utilities Business Office did not recommend awarding the cotlraet to the low bidder, Mail Well Envelopes of Dallas, Texas due to the fact that American Mail Well manufactured envelopes for a company the City had utilized in the past. Numerous problems arose from defective envelopes and evenBmlly became a legal problem, Utilities Business Office did not recommend awarding the contract to the second lowest bidder, Envelopes & Specialties of San Antonio, Texas due to the companytaklng exception to the specifications. Envelopes & Specialties will not guarantee their envelopes will work with the City's Equipment. Should a problem arise, whereas their products will not ~mction on City equipment, they would not be held liable due to their statemere. Funding: Utilities Business Office 520120-1020-10771 Director of Materiais Management $40,070.60 35 Commodity:. Envelopes Bid Invitation No, Bl4)096-00 Buyer: Janual'y M. Cook 1,285,000 Standard #10 W'mdow Envelopes (mail-out) 1,285,000 Standard ~9 Window and Plain Envelopes ~111z OF CORP"'~<BA¢IS' PURCHASING D[, ?IVIEI~ #10 Window Envdop~ (mail-eut) Mail Well Envelope Dallas. TX $18,6~6.85 Envelepes & Specialties San Antc~o. TX $19,979.20 Business Envelopes San Antcmio, TX $19,732.75 P,~.ynol~ & P, eynol¢ Houste~TX $20,716.70 ia) Remittance Window m~d Plain Envelopes (return) $18,581.10 S18,629.85 $19,185.23 $19,060.95 TOTAL: $37,247.95 $38,609.05 $39,777.65 36 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement for ai,p:uximately 435 tons of Hydro~uorosilicic Acid in accordswe with Bid Invitation No. BI-0117-00 with PENNCO, Inc, of San Felipe, Texas, based on low bid for an e~ima~ed snn~laA expenditure of $62,814. The t~m of the agreement will be fnr twelve momk~ with option to extend for up ~ two additional twelve-month periods, subject to the appwval of the supplier ~nd the City Mnn~E~ or his designee. This chemical vAll be used by the WatefDep~l-~mformmtmemofourwatersupply. Funds are budge~ed in FY99-00 ~d requested for FY 00-01 by the Wm~ ~. BACKGROUND: Hydro~uorosilicic Acid (fluoride) is added to our water supply as an aid in the prevention of tooth decay. Th~ City ofCorpus Christi has added fluoride to the water fer the Bid Invitations Issued: Nine Bids Received: The option to extend fi~e cun-ent coah~ was exercised requiring new bids to be received. Pricing Analysis: Pricing has im~ased approximately 5% since the last bid of July 1997 Award Basis: Low Bid Fnncling: 1999/2000 - Water 5200104010-31010 Estimated cot for retmlnder of current year $10,875.00 2000/2001 - Wat~ 520010-4010-31010 Budgeted annual cost $65,250.00 Michael Barrera Director of Materlals Management 37 HYDROFLUOROSILICIC ACID QUANTITY: 435 TONS BID INVITATION NO.: BI-0117-00 BUYER: ESTHER C. BARRERA CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION ~N~R PENNCO, INC SAN FEUPE, TX It--G: IMCAG~ctFannlald QTY. I UNIT UNIT PRICE TOTAL PRICE 435 TON $144.40 S62.814.00 25% SOLUTION LUCIER CHEMICAL INDUSTRIES LTD., DBA, LCI, LTD. JACKSONVII I F, FL SOLVAY FLUORIDES, INC. 5"1'. LOUIS, MO I~r-G: PCS, Famqla'td, U.S.m 435 TON $153.49 $66,768.15 25% SOLUTION 435 TON $268.00 $116,580.00 25% SOLUTION 38 AGENDA MEMORANDUM RECOMbIEDATION: Motion approving supply agreements for lubricating oils, greases and antifreeze in accordance with Bid Invitation No. BI-0120-00, with the following companies for the following amounts. Awards are based on low bid, for an estimated six-month expenditure of $43,848.95. The term of the agreement shall be for six months with an option to extend for up to four additional six-momh periods, subject to the approval of the supplien and the City Manager or his designee. Funds have been budgeted by Maimemmce Services, Solid Waste Department and the Fire Department for FY 99-00. Leyendecker Oil Co~us Christi, TX Groups: 1.0, 4.0, 5.0 and 6.0 Oil Patch Corpus Christi. TX Groups: 2.0 and 3.0 Arnold Oil Co. Cor~us Christi. TX Group: 7.0 $12,304.15 $29,954.60 $1,590.20 These items are used by the Solid Waste Department, Fire Department and Maintenance Services during routine scheduled maintenance work on City owned vehicles and equipment. Previous Contract: The previous con~acmr could not extend the current contract unde~ the same terms and conditions due to escalating oil prices. This is the second bid issued this year for these commodities, The City did not receive any bids under the first bid. Prospective bidden cited the unusually high market for oil based products as theft reason for not bidding. Specifications have been revised allowing for price increases throughout the term of the contract. Additionally, the t~:m of the contract has been reduced to a six- mouth period. The six-momh contract will allow the City to review market conditions on a semi-annual basis to determine the most cost-effective approach to procuring these items. Bid Invitations Issued: Bids Received: Award Basis: Low Bid Price Analysis: Pricing has increased 11% since the previous contract. This is due to the increasing market price of oil and oil based products. Funding: Deparhaent Account Amount Maintenance Services 520050-5110-40170 $28,501.82 Fire Departmere 520050-1020-12010 $ 7,673.56 Solid Waste Department Michael Barrer~~l.P.M~. Director, Materials Management 520050-1020-12521 Grand Total: $ 7,673.57 $43,848.95 39 F- 1.0 Hydraulic Oil CITY OF CORPUS CHRISTI PURCHASING DIVISION D TABULATION BI -0120-00 LUBRICATING OILS, GREASES & ANTIFREEZE Leyendecker Oil Oil Patch Arnoild Oil Company ornus Christi. TX Corpus Christi, TX Corpus Christi, Tx 2.0 Motor Oil 5 8� 58.25 $6,532.00 Oil Patch ( Arnoild Oil Company us Christi. TX I Corpus Christi, Tx $6,860.75 Leyendecker Oil !ornus Christi, TX 2.1a!Bulk-15W40 3,000 Gal UNIT UNIT UNIT ITEM DESCRIPTION QTY UNIT PRICE EXT PRICE PRICE EXT PRICE PRICE EXT PRICE 1.1 55 Gal Returnable Drum 275 Gal $2.08 $572.00 $2.43 $668.25 $2.33 $640.75 1.2 5 Gal. Non -Returnable Pails 125 Gal $2.45 306.25 2.99 373.75 2.72 340.00 1.3 Bulk 3,000 Gal $1.66 4,980.00 1.83 5,490.00 1.96 5,880.00 2.0 Motor Oil 5 8� 58.25 $6,532.00 Oil Patch ( Arnoild Oil Company us Christi. TX I Corpus Christi, Tx $6,860.75 Leyendecker Oil !ornus Christi, TX 2.1a!Bulk-15W40 3,000 Gal $2.50 $7,500.00 $2.85 $8,550.00 $2.32 $6,960.00 2.1b Bulk -5W30 1,000 Gal 2.25 2,250.00 3.06 3,060.00 3.94 3,940.00 2.2a 55 Gal Returnable Drum -5 W 30 1,045 Gal 2.83 2,957.35 3.17 3,312.65 4.36 4,556.20 2.2b 55 Gal Returnable Drum -15 W 40 1,045 Gal 3.10 3,239.50 3.20 3,344.00 2.74 2,863.30 2.3a Quarts - 15 W 40 1,000 Gal 3.89 3,890.00 4.20 4,200.00 5.36 5,360.00 2.3b Quarts - 5 W 30 500 Gal 3.76 1,880-001 3.84 1,920.00 4.91 2,455,00'. $21,716.85 $24,386.65 $26,134.50 3.0 Tractor Hydraulic Fluid C-4 Oil Patch Corpus Christy TX Arnoild Oil Company Corpus Christi, Tx Leyendecker Oil Corpus Christi, TX ITEM DESCRIPTION QTY UNIT PRICE EXT PRICE PRICE EXT PRICE PRICE EXT PRICE 3.1 Bulk 2,000 Gat $2.52 $5,040,00 $2.78 $5,560.00 $2.29 $4,580.00 3.2 55 Gal Returnable Drum 550 Gal 3.23 1,776.50 2.91 1,600.50 2.70 1,485.00 1 5 Gal Non -Returnable Pail 375 Gal -79 1,421.251 3.16 1,185.00 No Bid 8 2S , 37.75 $8,345.50 $6,065.00 (INCOMPLETE) A 4.0 Automatic Transmission Fluid Leyendecker Oil Oil Patch Arnoild Oil Company SAE 85W/140 Corpus Christi, TX Corpus Christi, TX Corpus Christi, Tx UNIT UNITUNIT UNIT I UNIT DESCRIPTION UNIT UNIT ITEM DESCRIPTION QTY I UNIT PRICE I EXT PRICE PRICE I EXT PRICE PRICE EXT PRICE 4.1 55 Gal Returnable Drum 1,045 Gal $2.74 $2,863.30 $3.05 $3,187.25 $3.38 $3,532.10 4.2 Quarts 250 Gal 4.56 1,140.001 3.99 997.501 3.84 960.00 4 OS , 03.30 $4,184.75 $4,492.10 5.0 Extreme Pressure Gear Lube Leyendecker Oil Arnoild Oil Company Oil Patch SAE 85W/140 Corpus Christi, TX Corpus Christi, Tx Corpus Christi, TX UNIT UNITUNIT UNIT UNIT DESCRIPTION UNIT I UNIT ITEM DESCRIPTION QTY UNIT PRICE I EXT PRICE PRICE EXT PRICE PRICE EXT PRICE 5.1 120 lb Non -Returnable Pails 960 Lbs $U.49 $46U.bU $547-211 Lbs 5.2 35 Ib Non -Returnable Pails 500 Lbs 0.48 240,001 0.48 240.00 0.56 280.00 $700.80 $787.20 $836.80 6.0 Chasis Grease, Lithium Complex Leyendecker Oil Corpus Christi, TX Oil Patch Corpus Christi, TX Amoild Oil Company Corpus Christi, Tx UNIT UNITUNIT ITEM DESCRIPTION QTY UNIT PRICE EXT PRICE PRICE EXT PRICE PRICE EXT PRICE 6.1 400 lb Non -Returnable Drum 200 Lbs $0.90 $180.00 $0.97 $194.00 $0.98 $196.00 6.2 35 lb Non -Returnable Pail 210 Lbs 0.98 205.80 1.03 216.30 1.14 239.40 6.3 1 lb Cartridge 1,200 Lbs 1.13 1,356.00 1.11 1,332.00 1.10 1,320.00 $1,741.80 $1,742.30 $1,755.40 IN 7.0 Antifreeze Arnoild Oil Company Oil Patch Corpus Christi, Tx Corpus Christi, TX UNIT UNIT ITEM DESCRIPTION QTY UNIT PRICE EXT PRICE PRICE EXT PRICE 7.1a Full Strength 100 Gal $4.12 $412.00 $4.34 $434.00 7.1b 50/50 Premix Coolant/Protectant 250 Gal 2.90 725.00 3.66 915.00 7 2 55 Gal Returnable Drums Ito Gal 4.12 453.20 3.87 425.70 (Full Strength) $1.5".20 $1,774.70 IN AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreemere with Mody IC Boatright, P. E., Corpus Christi, Texas for the testing of asbestos in approximately 90 private and public structures in accordanc~ with Bid Invitation No.BI-0105-00, based on low bid for an estimated annual expenditure of $17,790. The term of the contract will be for twelve months with an option to extend for up to two adcl~ional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY99/00 by Housing and Community Development. BACKGROUND: This testinE is required by law and elLforced by the Texas Departmere of Healt~ The testing of asbestos will b~ conducted on the privately owned and public buildings that will be proposed to be demolished or be purchased and used by Housing & Community Developmere. Every building must be inspected for the presem:e of asbestos prior to bidding for demolition, The Texas Depaximent of Health performs sporadic reviews of City demolitions operations. The City is subject to substantial fines for non- Previous Contract: The option to extend the previous contract was not ex~cised to due the vendor's inability to maintain contract cing. Bid Invitations Issued: Eleven Bids Received: Two Price Analysis: Pricing has increased from $13,050 to $17,790. According to the previous conWa~tor, Mody K. Boatright, the total amount of the previous contract was not representative of the actual work required. This statemont appears to be validated, as the second low bid under the previous bid invitation was $19,980. Mr. Boatright further indicated that his experience and knowledge of the actual scope of work required is reflected in his current bid. Award Basis: Low Bid. Funding: The CDBG Target Area Demolition Funds will provide ~mding for this testing. Organization "'~L~ t~ Housing & Community Development 530000-1050-8599'r6~ Michael Barrera Director, Materials Management Budgeted Amount $20,000 43 CITY OF CORPUS CHRISTI PUCHASING DIVISION BID TABULATION BID INVITATION NO.: BI-0105-00 TESTING FOR ASBESTOS, 90 STRUCTURES BUYER: ESTHER C. BARRERA BIDDERS MODY IC BOATRIGHT, P.E. CORPUS CHRISTI, TX TOTAL PRICE 117.790.00 2 TRI-COUNTRY ENVIRONMENTAL, INC. SAN ANTONIO, TX 44 AGENDA MEMORANDUM RECOMMENDATION: Motion approving the purchase of 54,000 Library Book Bags from Cominental Superbag LLC, Cedar Grove, New Jersey in the amount of $15,380 based on low bid, in accordance with Bid Invitation No. BI-0121-00. The bags will be distributed by the South Texas Library System (STLS). Funds are available through a Libraries Systems Act (LSA) Grant. The book bags are used for public relations to emphasize the importance of readlng; as well as the educational opportunities available through the use of materials contained within the South Texas L~rary System STLS is one often regional systems funded by state and federal grants whose purpose is to expand and improve public library service in twenty-six counties of South Texas. Bid Invitations Issued: Ten Bids Received: Five Award Basis: Low Bid Price Analysis: Pricing has decreased 11% since the last purchase of 1998. The manufacturer states that this decrease is due to a largar discount being applied because of increased quantity requirements. Funding: Departmere Account Amount STLS 530500-1050-00000-807200-2000 $21,000 Director, Materials Management 45 Commodity: Book Bags Bid Invitation No. BI-0121-00 Buyer: January M. Cook City of Corpus Chrisfi Purebasing Department Quantity: 54,000 Continental Superbag LLC Cedar Grove, NJ Gulf Business Forms Corpus Christi, TX Retfrow & Co. Corpus Christi, TX Btt~in~ss Envelopes San Antonio, TX DACO Street Corpus Chr~i, TX Book Bags $15380.00 15,930.20 17,563.92 18,437.24 19,601.66 CITY COUNCIL AGENDA MEMORANDUM Date: May 23, 2000 AGENDA ITEM: Motion approving the purchase of 32 radios with chargers, belt clips and rings from CornNet Ericsson, Ingleside, Tens, for the total amount of $75,875.68. The award is based on sole source and will be used by the Police Department. Funds are provided through the Crime Control and Prevention District. ISSUE:. Radio equipment is required for twenty five additional officers hired and funded through the Crime Control and Prevention District Five Year Plan. BACKGROUND INFORMATION: The Crime Control and Prevention District is providing funds for the purchase of 32 radios (7 in car and 25 pottables) for 25 additional sworn officers and 7 additional marked vehicles. The purchase is sole source based on existing equipment. REQUIRED COUNCIL ACTION: Approval of purchase. RECOMMENDATION: Staff recommends approval of the purchase. p~.Alv~e~z,j~.'~/'~ Chief of Polic'~"'~ 47 AGENDA MEMORANDUM DATE: May 24, 2000 SUBJECT: ADA Compliance - Curb Ramp Improvements at the following sites: Old Robstown Road (Project No. 6124) Ayers Street between Alameda/Staples and Port Avenue (Project No. 6125) Southgate Street within La Armada Housing Project (Project No. 6125) City Health Clinic (Project No. 6125) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering contract in the amount of $31,956 with Maffinez, Guy & Maybik for ADA Compliance - Curb Ramp Improvements at the following sites: Old Robstown Road between Leopard Street and Russell Drive; Ayers Street between Alameda/Staples and Port Avenue; Southgate Street within La Armada Housing Project; and City's Health Clinic located at 5805 Williams Ddve. ISSUE: The Americans with Disabilities Act (ADA) prescribes accessibility standards for eliminating barriers to disabled individuals. In an effort to comply with the ADA, the specified sites have been targeted for improvements which will provide accessibility for the disabled citizens of the community. FUNDING: Funds for this project are available in the FY99-00 Community Development Block Grant (CDBG) Program. RECOMMENDATION: Staff recommends approval of the motion as presented. ~F.~Angel R. Escebar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background information Exhibit "B" Contract Summary Exhibit "C" Location Map 48 BACKGROUNDINFORMATION SUBJECT: ADA Compliance - Curb Ramp Improvements at the following sites: Old Robstown Road between Leopard Street and Russell Ddve (Project No. 6124) Ayers Street between Alameda/Staples and Port Avenue (Project No. 6125) Southgate Street within La Armada Housing Project (Project No. 6125) City Health Clinic at 5805 Williams Drive (Project No. 6125) PRIOR COUNCIL ACTION: May 18, 1999 - Approval of the FY 1999 - 2000 Community Development Block Grant (CDBG) Program (Ordinance No. 023637). FUTURE COUNCIL ACTIONS: Award of a construction contract for the ADA Compliance - Curb Ramp Improvements on Old Robstown Road, Ayers Street, Southgate Street, and at the Health Clinic located at 5805 Willlares Ddve. BACKGROUND INFORMATION: Request for Qualification (RFQ) No. 99-01 (Streets, Storm Water, Wastewater, Water Improvement Projects) was distributed on July 9, 1999 to 109 engineering firms (41 local and 68 non-local). A Letter of Notification regarding the subject projects on RFQ No. 99-01 was distdbuted on November 2, 1999 to the same 109 engineering firms. The proposed projects have been approved by the City Council for the FY 1999 - 2000 Community Development Block Grant (CDBG) Program and address needed improvements to the specific sites. In an effort to comply with the Americans with Disabilities Act (ADA), the City streets have been targeted for improvements. Upon project completion, the streets will provide accessibility for the disabled citizens of the community. CONTRACT DESCRIPTION: The consultant contract will provide for design, bid, and construction phase services for all of the sites specified. Improvements to the specific sites are as follows: Old Robstown Road between Leopard Street and Russell Drive - work will consist of forty (40) curb ramps including details to remedy rolled curb and gutter sections at curb ramp locations; construction and repair of approximately 3,450 linear feet of concrete sidewalk; adjustments to two (2) storm sewer curb inlets; and re-shaping roadways with excessive slope from gutter, base of ramp, to crown of street; Page 1 of 2 49 Ayers Street between Alameda/Staples and Port Avenue - work will consist of constructing eleven (11) concrete curb ramps; repairing or replacing approximately 200 linear feet of concrete sidewalk; the relocation of obstacles such as signs and utility poles from the route of ramps and sidewalks; and the placement of crosswalk pavement markings; Southgate Street within La Armada Housing Project: work will consist of constructing eight (8) curb ramps, adding two (2) designated handicap parking spaces along with striping and handicap parking signs; and City Health Clinic located at 5805 Williams -work will consist of constructing two (2) curb ramps and repairing approximately 90 linear feet of sidewalk. II ,;.x,,,.,,T ,,A,, II Page 2 of 2 50 CONTRACT SUMMARY CONTRACT FOR PROFESSIONAL SERVICES SCOPE OF PROJECT Old Robstown Road between Leopard Street and Russell Drive: The work will generally consist of constructing 40 curb ramps including details to remedy rolled curb and gutter sections at curb ramp locations; constructing or repairing approximately 3,450 linear feet of concrete sidewalk; adjusting two (2) storm sewer curb inlets; and re-shaping roadways with excessive cross slope from gutter, base of ramp, to crown of street. Avers Street between Alameda/Staples and Port Avenue: The work will consist of constructing eleven (11 ) concrete curb ramps; repairing or replacing approximately 200 linear feet of concrete sidewalk; the relocation of obstacles such as signs and utility poles from the route of ramps and sidewalks; and the placement of crosswalk pavement markings. Southgate Street within La Armada Housing Projects: The work will generally consist of constructing eight (8) curb ramps, adding two (2) designated handicap parking spaces along with accompanying striping and handicap parking signage. City Health Clinic located at 5805 Willjams - The work will generally consist of constructing two (2) curb ramps and repairing approximately 90 linear feet of sidewalk. SCOPE OF SERVICES Martinez, Guy & Maybik will perform all engineering services necessary to review an, 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. PROJECTSCHEDULE Wednesday Monday Monday Monday Fdday Monday(2) Wednesday Wednesday Monday Weekday May 31,2000 July 3, 2000 July24,2000 August14,2000 August25,2000 September 4, 2000 September 13, 2000 September 20, 2000 October 2, 2000 To Be Determined Begin Preliminary Phase Begin Design Phase 60% Submittal 90% Submittal Final Submitta! Advertise for Bids Pre-Bid Conference Receive Bids Begin Construction Construction Completion H:\HOME',VELMAR\GEN~STREE'R6124\CONTRACT.SUM Page I of 2 51 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, 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 below: Summary of Fees Fee for Basic Services 1. Preliminary Phase 2. Desi.qn Phase 3. Bid Phase 4. Construction Phase Subtotal Basic Services Fees Fee for Additional Services (Allowance) 1. Permitting USFWS TDLR Total Permitting 2. Topographic Survey Sub-Total Additional Total Authorized Fee $4,419.00 $16,908.00 $686.00 $2,846.00 $24,859.00 $193.00 $6,904.00 $7,097.00 $31,956.00 H:~HOME\VELMAR\GEN\STREE'~6124\CONTRACT.SUM Page 2 of 2 Page 2 of 2 52 Be: \Mpmject\councilexhibi~s\exh6124. dwg LOCATION NOT TO SOA~Z \ GLE~ SOUll-IVIEW - SANTA ELENA ~DEL MAR COI. L/GE: W~:c, T CAMPUS d PROJECT SITE A.D.A. COMPLIANCE I.H. ~37 ~ , **'z '% CEMETE:RY Meadow X tY Wiggins ~ark ~ nO P 2rk ' HOSPITAL' LOCATION MAP CITY PROdECT No. 6124 NOT TO SCALE ADA COMPLIANCE CURB RAMP IMPROVEMENTS OLD ROBSTOWN RD. from Leopard St. to Russell Dr. CITY OF CORPUS CHRISTI, 7iD(li9 EXHIBIT "C" CITY COUNCIL EXH,TBZ~ ,~ DEPARTMISVT OF ENGINEE3~ING SE3~VICES PAGE: 1 of 3 DATE: 05-18-2000 FTle : \Mproject\councilexhibits\exh6125.dwg LOCATZON MAP NOT TO S~ A.D.A. COMPLIANCE PROJECT LIMITS Temple A.D.A. COMPLIANCE SOUTHCATE @ AYERS N Park CITY PROJECT No. 6125 SOUTHGATE @ AYERS INSET LOCATION MAP NOT TO SCALE ADA COMPLIANCE CURB RAMP IMPROVEMENTS AYERS ST. fromAlameda to S. Port Ave. SOUTHGATE ST. withln La Armada Housing Project CI~ OF CORPUS CHRISt, TE~S 54 CZTY COUNCZL EXHZBZT DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 3 DATE: 05-19-2000 EXHZBZT "C" File: \Mproject\councilexhibits\exh6126. dwg N PROJECT LOCATION 5805 W,.LIAMS DR. CITY PROJECT No. 6126 LOCATION MAP NOT TO S~ ADA COMPLIANCE CURB RAMP IMPROVEMENTS CZTY'S HEALTH CLINIC @ 5805 WZLLZAMS DR. CITY OF CORPUS CHRISTI, TEX&~ EXHIBIT 'C' CITY COUNCIL EXHZBZ~ DE39ARTMENT OF ENGINE~ING SER14CES PAGE: 3 of 3 DATE: 05-19-2000 AGENDA MEMORANDUM June 5,2000 SUBJECT: Allison/Broadway/Greenwood/Oso Basins: 15" Diameter and Larger Sanitary Sewer Lines Cleaning (a.k.a.:lnfiltration/Inflow Related Wastewater Collection System Enhancement: Cleaning Lines 15" and Larger), Project #7025. AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 5 in the amount of $128,900 with Chief Contracting, Inc. of Houston, Texas for the Allison/Broadway/Greenwood/Oso Basins: 15" Diameter and Larger Sewer Lines Cleaning project. ISSUE: Change Order No. 5 authorizes the cleaning of additional 15" diameter and larger lines in the Allison, Broadway, Greenwood and Oso Service Areas needed to minimize the possibility of sanitary sewer overflows in the wastewater collection system. FUNDING: Funds for this project are available from the Sanitary Sewer Capital Projects Fund. RECOMMENDATION: Approval of the motion as presented. Foster Crowell Wastewater Superintendent Additional Support Material Exhibit A: Background Information Exhibit B: Location Map Exhibit C: Preliminary Budget Allison/Broadwav/Greenwood/Oso Basins: 15" Diameter and Lareer Sewer Lines Cleaning Page 1 of 1 56 H:\HOME\KEVINS\GEN\WASTEWA\7025\CO5.MMO AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: AllisonlBroadwaylGreenwoodlOso Basins: 15" Diameter and Larger Sanitary Sewer Lines Cleaning (a.k.a.:lnfiltration/In~ow Related Wastewater Collection System Enhancement: Cleaning Lines 15" and Larger) Project #7025 BACKGROUND: Sanitary sewer overflows are caused by excessive infiltration of groundwater and inflows of surface water (I/I) into the collection system dudng high rainfall events. Failure to clean wastewater lines contributes to an increased risk and frequency of sanitary sewer overflows. Conditions which contribute to the high I/I include: 2. 3. 4, 5. diminished line capacity due to grease/trash buildup; tree root infestation; clogged lines; broken wastewater lines; and leaking/damaged manholes. PRIOR COUNCIL ACTIONS: January 15, 1998 - Motion authorizing the City Manager or his designee, to execute an engineering service contract in the amount of $743,783 (pro-rated by project) with Urban Engineering forthe Infiltration/Inflow Collection System Enhancement Program (M98-007). August 24. 1999 - Motion authorizing City Manager or his designee to execute a construction contact in the amount of $959,278 with Chief Contracting, Inc. for the Alison, Broadway, Greenwood, Oso Basins: 15" and Larger Sewer Line Cleaning Project (M99- 283). PRIOR ADMINISTRATIVE ACTIONS: January 6, 2000 - Authorization of Change Order No. 1 in the amount of $23,960.36 for manhole adjustments and additional line cleaning; February 16, 2000 - Authorization of Change Order No. 2 in the amount $24,900 for additional cleaning and manhole adjustments; March 15, 2000 - Authorization of Change Order No. 3 in the amount $24,585 for height adjustment of manholes; and May 2, 2000 - Authorization of Change Order No. 4 in the amount $8,927 for height adjustment of manholes and point repair. PROJECT DESCRIPTION: This project consists of cleaning and televising 22.3 miles of various sanitary sewer lines in the Allison, Broadway, Greenwood and Oso Wastewater 57 Page I of 2 Service Basins. Change Order No 5 will add approximately 3.2 miles of cleaning and televising sanitary sewer lines. The cleaning will be performed with high velocity jet equipment. BID INFORMATION: The project as originally bid consisted of a Base Bid and four Additive Altemates, which included line cleaning and point repairs (Base Bid and Additive Alternates A, B and D) and a Drought Contingency Plan (Additive Alternate C). The bid evaluation was based on availability of funds and anticipated drought conditions at the time of award, with pdodty given to awarding the Base Bid and as many Additive Alternates as funding would allow. Additive Altemate D was not awarded as funds were not identified as being available at the time of odginal contract award. CHANGE ORDER No. 5: The change order will complete those work items included in Additive Alternate D. FUNDING: Funding is available from the Wastewater Capital Projects Fund (SRF). 58 Page 2 of 2 \ HOME\ CarlosR \ locatiionsmap \ exh 70 25.dwg O] PROJECT AREAMAP NOT TO SCALE h0 :::)'~ CIP PROJECT No. 7025 ALL I SON I BROADWAY I OSO I GREENIX)D BAS INS CITY OF CORPUS CHRtSTI, TEXAS59 EXHiBiT "B" CZ'TY COUNCIL EXHiBiT DEPARTMENT OF ENGINEERINC SERVICES PAGE: I of I 06/05 / 10:45 AllisonlBroadwaylGreenwoodlOso Basins: 15" Diameter and Larger Sewer Lines Cleaning (a.k.a. Infiltration/Inflow (1/I) Collection System Enhancement Program) June 2000 Project No. 7025 FUNDS AVAILABLE: Proposed Budget Sanitary Sewer Capital Projects Fund .............................................................$1,356,000.00 TOTAL ..............................................................................................................$1,356,000.00 FUNDS REQUIRED: Cleaning (Chief Contracting, lnc.,Houston, Tx) .......................$959,278.00 Change Order No. 1 ...............................................................23,960.36 Change Order No. 2 ...............................................................24,900.00 Change Order No. 3 ...............................................................24,585.00 Change Order No. 4 ...............................................................8,297.00 Change Order No. 5 (Proposed) ..............................................128,900.00 Construction Total .......................$1,169,920.36 Contingency (5%) .............................................................................................47,963.90 Engineering Consultant (Pro-rated) ..................................................................68,115.00 Engineering Liaison and In-house Services ......................................................30,000.00 Construction Inspection ....................................................................................2,500.00 Testing (Geotech & Quality Control) .................................................................4,850.00 Administrative Reimbursements .......................................................................30,000.00 Printing, Advertising, FedEx, etc .......................................................................2,500.00 TOTAL ..............................................................................................................$1,355,849.26 II Exhibit C II Page 1 of I H:\HOME\KEVINS~GEN\WASTEWA~7025\7152.WB2 60 AGENDA MEMORANDUM SUBJECT: DATE: June 7, 2000 O. N. Stevens Water Treatment Plant Pdmary and Secondary Basins No. 3 and No. 4 Flocculator Equipment Rehabilitation (Project No. 8342) AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Mitchell's Unlimited for a total fee not to exceed $55,250 for the O. N. Stevens Water Treatment Plant Primary and Secondary Basins No. 3 and No. 4 Flocculator Equipment Rehabilitation project. ISSUE: The ~occulator equipment of the Pdmary and Secondary Basins No. 3 and No. 4 is not operating at an optimal level and require rehabilitation. The improvements will ensure production of safe drinking water and will comply with Texas Natural Resources Conservation Commission (TNRCC) regulations. FUNDING: Funds to finance the proposed project are available in the FY 1999 - 2000 Water Operating Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ~ftCq:~,~,~_~,3 --~~ Eduardo Garana, rn Water Superintendent t~F--'Angel R. Esco~ar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Summary Exhibit "D" Location Map 62 BACKGROUNDINFORMATION SUBJECT: O.N. Stevens Water Treatment Plant Pdmary and Secondary Basins No. 3 and No. 4 Flocculator Equipment Rehabilitation (Project No. 8342) PRIOR COUNCIL ACTION: 1. July 20, 1999 - Approval of the FY 1999 - 2000 Capital Operating Budget (Ordinance No. 023702). PRIOR ADMINISTRATIVE ACTION: 1. December 2. 1999 -Agreement for Architecturel/Engineedng Consultant Services with Mody K. Boatright, P. E. for a fee not to exceed $5,150 for design services. BACKGROUND INFORMATION: After chemicals, such as coagulants, are added in the water treatment process, it is required that they be quickly and thoroughly mixed. Mixing is done at the O. N. Stevens Water Treatment Plant with flocculators, a horizontal shaft with attached paddles that runs the length of the basins at right angles to the flow of the water. The flocculators are rotated by motors and drive assemblies that include large 42.8" inch diameter bull gears. The ~occulators and bull gears in Basins No. 3 and No. 4 were installed in 1984 when the basins were built. Due to the constant use and age, the gears have wom beyond repair and economical maintenance and must be rehabilitated. PROJECT DESCRIPTION: The project consists of repairing or replacing, shaft bearings, packing seals, stub shaft, and other necessary material including removal of bull gear from Secondary Basin No. 3 and No. 4, in accordance with the plans, specifications and contract documents. BID INFORMATION: The City received proposals from four (4) bidders on May 24, 2000. The project consists of a Base Bid and the bids range from $55,250 to $106,400. The Engineer's construction estimate is $110,000. Mitchell's Unlimited of Robstown, Texas is the low bidder on the total of the Base Bid in the amount of $55,250 No date was specified on the Power of Attorney document for the Bid Bond submitted by Mitchell's Unlimited. After review of the bids by the City's Legal staff, the bid is considered an irregular bid. It is recommended to the Council to waive the irregularity of the bid. CONTRACT TERMS: The contract specifies that the project will be completed in 30 working, with completion anticipated by the end of July 2000. FUNDING: Funds for this project are available from the FY 1999 ~ 2000 Water Capital Outlay Budget. 63 EX. S T "A" If Page 1 of 1 O. N. STEVENS WATER TREATMENT PLANT PRIMARY BASINS NO. 3 AND NO. 4 FLOCCULATOR EQUIPMENT REHABILITATION Project No. 8342 Project Budget June 1, 2000 FUNDS AVAILABLE: Water Capital Outlay No. 550030-4010-31010 .......................................... $72,275.00 FUNDS REQUIRED: Construction Contract (Mitchell's Unlimited) ............................................. Contingencies (10%) ........................................................................... Consultant (Mody K. Boatright) ............................................................... Design Liaison .................................................................................... Construction Inspection ........................................................................ Printing ............................................................................................. Advertising .......................................................................................... Total ................................................................................................ $55,250.00 5,525.00 5,150.00 1,000.00 4,350,00 500.00 500.00 $72,275.00 H:\HOME\VELMAR\GEN\WATER\ONS~8342\BUDGET.XLS 64 0 0 0 0 0 0 ~x oq q q 0 0 0 0 0 0 CD CD 0 0 CO N, 0 0 0 ii EXHIBIT "C" Page I of 2 z EXHIBIT "C" Page 2 of 2 \ Mproject \ councilexhibits \ exh8342. dwg O.N. STEVENS WATER TREATMENT PLANT 13101 UP RIVER ROAD 624 NUECES BAY u z . A~ NOT TO SCALE CORPUS CHRISTI BAY OFFICE AND -- LAB BUILDING CHEMICAL BUILDIN.~/- CONTROL ROOM NORTH SLUDGE PRIMARY ISETTUNG BASIN 1 PRIMARY SETrUNG BASIN 2 UP RIVER ROAD 1[~ PLANT ENTRANCE '  WATER Tr~_~,~ C NTRACTOR ARKING F ' SECON ARY ¢ MG SETTLING cn CLEARWELL . IN 2 I "n', CZP PROJECT # 8342 O. N. STEVENS PLANT NOT TO SCALE EXHZBZ T "B" O.N. Stevens WateP Treatment Plant PrimaPy and Secondary Basins No. 3 & No. FlocculatoP Equipment Rehabilitation CrrY OF CORPUS CHRISt, TEXAS 67 4 CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06-07--2000 AGENDA MEMORANDUM June 2,2000 AGENDA ITEM: Ordinance appropriating $30,405.77 from Barclay Grove Units 4 and 5 developers contribution to Drainage Channel No. 31 in the No. 6010 Drainage Channel 31 Trust Fund; amending Ordinance No. 023702, which appropriated the Trust Funds, by adding $30,405.77 to the No. 6010 Drainage Channel 31 Trust Fund; and declaring an emergency. Motion approving payment of $30,405.77, developer's contribution from Barclay Grove Units 4 and 5 from the No. 6010 Drainage Channel 31 Trust Fund to Mark Bratton, Trustee, for disbursement to the appropriate Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Christi and Trustee. ISSUE: Improvements to Master Channel No. 31 were funded through a Trust Agreement between developer Mark Bratton and the City. The agreement requires the City to collect payments from other developers that use the Channel and reimburse Mr. Bratton (trustee) for his initial expenditure. REQUIRED COUNCIL ACTION: Approval of an appropriation ordinance, after Drainage Channel No. 31 are received by the City, to pay Trustee for further disbursement to the appropriate Funding Owners, in accordance with Contract and Agreement between the City of Corpus Chdsti and the Trustee. FUNDING: Funds are available from the No. 6010 Drainage Channel 31 Trust Fund. RECOMMENDATION: Staff recommends approval of the ordinance and motion as /'--~ ~- 'Angel R. Escobar, P.E'. Director of Engineering Services ATTACHMENTS: Exhibit A. Exhibit B. Exhibit C. Background Information Location Map Ordinance 68 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Evolution of the Master Plan Drainaae Channel 31 Trust Fund: In 1985, several land owners (partialparing owners), including the Corpus Christi Independent School Distdct (CCISD), began investigating the basic infrastructure needs necessary for development of an area north of Yorktown Boulevard and east of Staples Street. Included in this area is the Katie Middle School site. The water grid mains and wastewater trunk systems for this area were in the process of being installed as part of King's Crossing developmenL The water and wastewater trust funds, established by the City in 1982, which are funded by the imposition of lot/acreage fees, were being used, as they are today throughout the City, to pay for water and wastewater improvements which serve a large area. A similar system for drainage was not in place, and unless there was a large development to absorb the drainage costs, development was hindered, as it is today, in areas without a drainage ouffall in place. The interested owners (participating owners) implemented a plan for drainage of the area by providing the initial funding for Drainage Channel No. 31 which included acquisition of right-of- way, excavation of the channel to Master Plan width, construction of crossing structures under the existing readways (Rodd Field and Cimmaron Boulevard), erosion protection structures and other incidental work. The City utilized its condemnation power to acquire two parcels of land which could not be acquired by negotiation. In order to equitably distribute the costs among all properties in the tributary area, the participating owners established a pro rata fee based upon the area of the tract and the distance runoff from the tract would utilize the drainage channel. The City's role in this proposal is the collection of the pro rata charges from both Non-Participating Owners and Participating Owners and disbursing the funds plus interest to the Trustee of the funding owners (CCISD, Harris & Charles Katie, and Mark Bratton). The governing Contract and Agreement was made and entered into between the Trustee (Mark Bratton) and the City of Corpus Chdsti on December 31, 1985. An Amendment to the Contract was authorized by City Council on February 18, 1997. Page 1 of 2 69 Prior Council Actions Associated with Master Plan Drainaqe Channel 31. Motion approving Offs'ite Drainage Development Contract with Mark Bratton, Trustee, providing for acquisition of fight of way, excavation of Drainage Channel No. 31, construction of related structures, and establishment of a pro rata acreage plan for area served by Channel 31, and City collection Qf the pro rata acreage fee upon platting, building permit issuance, or utility service, and dispersing this pro rata fee plus interest to Trustee on December 31, 1985. (M85-0597,). Resolution authorizing City Manager to take the necessary actions to establish impact Fees for the Master Plan Drainage Channel 31 improvements, scheduling a public headng to receive comment on the adoption of Land Use Assumptions, Capital Improvements Plan and Impact Fees; appointing the Planning Commission as the Capital Improvements Advisory Committee on November 26, 1996 (Res. #022773). Motion amending Offsite Development Contract authorized December 31, 1985, between Mark Bratton, Trustee, and the City of Corpus Chdsti to attribute actual costs, pro rata, to each tract situated within Channel 31 Service Area calculated on an acreage and use basis with respect to that podion of the cost of the project situated downstream of each particular tract on February 18, 1997 (M97-046). Ordinance adopting the Capital Improvements Plan and Impact Fees for Master Plan Drainage Channel No. 31; amending the platting ordinance to include such fees; and amending Chapters 13 and 55 of the City Code to reference the Platting Ordinance Impact Fee provisions on April 22, 1997 (Ord. #0 22913). Impact Fee Collection Trigger Points: Impact fees am collected at one of the following three trigger points, whichever occurs first, within all or any portion of a tract situated within Area 31: recordation of a subdivision plat; issuance of a building permit; or connection to the City's utility systems. Disbursement of Impact Fees to the Trustee: The Offsite Drainage Development Contract requires the immediate disbursement of impact fees to the Trustee upon receipt. As governed by City Charter, Article IV, Section 5, such disbursement requires adoption of an ordinance appropriating the funds by Coundl. Therefore, it is anticipated that payment to the Trustee will be occurring no less than 30 days after receipt of funds from the developer. Page 2 of 2 70 ORDINANCE APPROPRIATING $30,405.77 FROM BARCLAY GROVE UNITS 4 AND 5 DEVELOPER CONTRIBUTION TO DRAINAGE CHANNEL NO. 31 IN THE NO. 6010 DRAINAGE CHANNEL NO. 31 TRUST FUND; AMENDING ORDINANCE NO. 023702 WHICH APPROPRIATED THE TRUST FUNDS, BY ADDING $30,405.77 TO THE NO. 6010 DRAINAGE CHANNEL 31 TRUST FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the $30,405.77 Developer contribution for Barclay Grove Units 4 and 5 is appropriated in the No. 6010 Drainage Channel 31 Trust Fund. SECTION 2. That Ordinance No. 023702, which appropriated the Trust Funds, is amended by adding $30A05.77 to the No. 6010 Drainage Channel 31 Trust Fund. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon furst reading as an emergency measure this the __ day of ,2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor LEGAL FORM APPROVED ~ 5~ ,2000; JAMES R. BRAY, JR., CITY ATTORNEY By: ~. . Lisa Aguilar, AsSistant City Attomey 71 FTle : \Mproject\councilexhlblts\exhCHAN31.dwg NOT TO SC4L~ LOCATION MAP NOT TO SCALE TRACT NO. TRACT COST UNIT UNIT ACRES IllPACT FEES PAYMENT DUE 41 $105,295.69 4 9.11 $ 6,739.03 $11,835.96 44 $42,907.90 5 5.07 $10,297.51 $18~589.81 TOTAL $30,405.77 LOCATION MAP BARCLAY GROVE UNITS 4 & 5 MASTER CHANNEL 31 IMPACT FEES crrY OF' CORPUS CHRISTI, TEXAS72 EXHIB.I' T "B" DATE: 06-6-2000 eli AGENDA MEMORANDUM June 2,2000 AGENDA ITEM: Ordinance appropriating $11,985.81 from Brighton Village Unit 8A developer's contribution to Drainage Channel No. 31 in the No. 6010 Drainage Channel 31 Trust Fund; amending Ordinance No. 023702, which appropriated the Trust Funds, by adding $11,985.81 to the No. 6010 Drainage Channel 31 Trust Fund; and declaring an emergency. ISSUE: Improvements to Master Channel No. 31 were funded through a Trust Agreement between developer Mark Bratton and the City. The agreement requires the City to collect payments from other developers that use the Channel and reimburse Mr. Bratton (trustee) for his initial expenditure. REQUIRED COUNCIL ACTION: Approval of an appropriation ordinance, after Drainage Channel No. 31 are received by the City, to pay Trustee for further disbursement to the apprepdate Funding Owners, in accordance with Contract and Agreement between the City of Corpus Chdsti and the Trustee. Council action is not required for expenditures of less than $15,000. FUNDING: Funds are available from the No. 6010 Drainage Channel 31 Trust Fund. RECOMMENDATION: Staff recommends approval of the ordinance and motion as presented. ~ ~//~/,//'r_--2~ ~FL 'Angel R. Escobar, P.E. Director of Engineering Services A'FFACHMENTS: Exhibit A, Exhibit B. Exhibit C. Background Information Location Map Ordinance 74 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Evolution of the Master Plan Drainage Channel 31 Trust Fund: In 1985, several land owners (participating owners), including the Corpus Chdsti Independent School Distdct (CCISD), began investigating the basic infrastructure needs necessary for development of an area north of Yorktown Boulevard and east of Staples Street. Included in this area is the Katie Middle School site. The water gdd mains and wastewater trunk systems for this area were in the process of being installed as part of King's Crossing development. The water and wastewater trust funds, established by the City in 1982, which are funded by the imposition of lot/acreage fees, were being used, as they are today throughout the City, to pay for water and wastewater improvements which serve a large area. A similar system for drainage was not in place, and unless there was a large development to absorb the drainage costs, development was hindered, as it is today, in areas without a drainage outfall in place. The interested owners (paffidpating owners) implemented a plan for drainage of the area by providing the initial funding for Drainage Channel No. 31 which included acquisition of right-of- way, excavation of the channel to Master Plan width, construction of crossing structures under the existing roadways (Rodd Field and Cimmaron Boulevard), erosion protection structures and other inddental work. The City utilized its condemnation power to acquire two parcels of land which could not be acquired by negotiation. In order to equitably distribute the costs among all properties in the tributary area, the participating owners established a pro rata fee based upon the area of the tract and the distance runoff from the tract would utilize the drainage channel. The City's role in this proposal is the collection of the pro rata charges from both Non-Partidpating Owners and Padicipating Owners and disbursing the funds plus interest to the Trustee of the funding owners (CCISD, Harris & Chades Katie, and Mark Bratton). The governing Contract and Agreement was made and entered into between the Trustee (Mark Bratton) and the City of Corpus Chdsti on December 31, 1985. An'Amendment to the Contract was authorized by City Council on February 18, 1997. Page I of 2 75 Prior Council Actions Associated with Master Plan Drainage Channel 31, Motion approving Offsite Drainage Development Contract with Mark Bratton, Trustee, providing for acquisition of dght of way, excavation of Drainage Channel No. 31, construction of related structures, and establishment of a pro rata acreage plan for area served by Channel 31, and City collection of the pro rata acreage fee upon plaffing, building permit issuance, or utility service, and dispersing this pro rata fee plus interest to Trustee on December31, 1985. (M85-0597) Resolution authorizing City Manager to take the necessary actions to establish impact Fees for the Master Plan Drainage Channel 31 improvements, scheduling a public headng to receive comment on the adoption of Land Use Assumptions, Capital Improvements Plan and Impact Fees; appointing the Planning Commission as the Capital Improvements Advisory Committee on November 26, 1996 (Res. fi022773). Motion amending Offsite Development Contract authorized December 31, 1985, between Mark Bratton, Trustee, and the City of Corpus Christi to attribute actual costs, pro rata, to each tract situated within Channel 31 Service Area calculated on an acreage and use basis with respect to that portion of the cost of the project situated downstream of each particular tract on February 18, 1997 (M97-046). Ordinance adopting the Capital Improvements Plan and Impact Fees for Master Plan Drainage Channel No. 31; amending the platting ordinance to include such fees; and amending Chapters 13 and 55 of the City Code to reference the Platting Ordinance Impact Fee provisions on Apdl 22, 1997 (Ord. ~K)22913). Impact Fee Collection Trigger Points: Impact fees am collected at one of the following three thgger points, whichever occurs first, within all or any podion of a tract situated within Area 31: recerdation of a subdivision plat; issuance of a building permit; or connection to the City's utility systems. Disbursement of Impact Fees to the Trustee: The Offsite Drainage Development Contract requires the immediate disbursement of impact fees to the Trustee upon receipt. As governed by City Charter, Article IV, Section 5, such disbursement requires adoption of an ordinance appropriating the funds by Coundl. Therefore, it is anticipated that payment to the Trustee will be occurring no less than 30 days after receipt of funds from the developer. II ..!b., II Page 2 of 2 76 File: \Mproject\councilexhibits\exhCHAN31.dwg LOCATION MAP NOT TO SCALE TRACT NO. TRACT CO~T IMPACT FEES PAINT DUE 39 $107,218.79 $6,724.86 $11,985.81 LOCATION MAP BRIGHTON VILLAGE UNIT 8A MASTER CHANNEL 31 IMPACT FEES CITY OF CORPUS CHRISTI, TEXAS77 NOT TO SCALE EXHIBIT "B" DATE: 06-6-2000 ORDINANCE APPROPRIATING $11,985.81 FROM BRIGHTON VILLAGE UNIT 8A DEVELOPER'S CONTRIBUTION TO DRAINAGE CHANNEL NO. 31 IN THE NO. 6010 DRAINAGE CHANNEL NO. 31 TRUST FUND; AMENDING ORDINANCE NO. 023702 WHICH APPROPRIATED THE TRUST FUNDS, BY ADDING $11,985.81 TO THE NO. 6010 DRAINAGE CHANNEL 31 TRUST FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the $I 1,985.81 Developer contribution for Brighton Village Unit 8A is appropriated in the No. 6010 Drainage Channel 31 Trust Fund. SECTION 2. That Ordinance No. 023702, which appropriated the Trust Funds, is mended by adding $11,985.81 to the No. 6010 Drainage Channel 31 Trust Fund. SECTION 3. That upon writran request of the Mayor or five Cotmcil members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective adrninislxation of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary LEGAL FORM APPROVED ~ Samuel L. Neal, Jr., Mayor ,2000; JAMES R. BRAY, JR., CITY ATTORNEY By: Lisa A~gu;As~Attomey 78 CITY COUNCIL AGENDA MEMORANDUM DATE: May 9, 2000 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with the HEB Grocery Company for the right to install and maintain aerial communications cables across the McCampbell Road street right-of-way, to provide a communications link between the HEB Facilities on the west and east sides of McCampbell Road; and establishing a fee of $310; and declaring an emergency. ISSUE: HEB Grocery Company wishes to provide infrastructure communications between its two facilities. The cable is to be located in public right-of-way. REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use of any portion of public right-of-way for pdvate purposes. RECOMMENDATION: Staff recommends approval of the ordinance as presented. / Director of Engineering Services Attachments: Exhibit A: Site Location Map H:\HOME~WILLIEM\GEN~AG00\UPA\HEB,M 80 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION HEB Grocery Company has requested a Use Privilege Agreement (UPA) from the City for permission to install aedal fiber optic communications cables from an existing pdvate power pole on the west side of the McCampbell Road street right-of-way (ROW), approximately 60-feet across the street right-of-way, to an existing pdvate power pole located on the east side of the McCampbell Road ROW. The purpose of the aedal fiber optic cable installation is to provide a communications link between two HEB building facilities located on either side of the street ROW. The firm will be responsible for all maintenance of the authorized improvements. This UPA will automatically be cancelled if the owner sells the fiber optic services to an unrelated parby. All City and private franchised utilities were contacted regarding this UPA. None had any objections, provided the applicant meets the specified conditions set out in the UPA. A one-time fee of $310.00 is being recommended. The owners have been advised of and concur with all the conditions of this UPA. 81 i LOCATION MAP N.T.S. SUN BELT DR. STEEL ST. o SITE J z 00W � Z U) to Z J � W% 0 Of J W W m Q Q LO Q a_ W of Or� m Q Z W U U AGNES ST. LOCATION MAP N.T.S. i . -;- ' Z SCALE 1"= 40' .1a �. o :,: HEB DISPATCH jj N: I m BLDG. j Z I= (222 McCAMPBELL) 1 Wit' OVERHEAD O_ --.' COMMUNICATIONS-. m I " CABLES PROPOSED HEB POLE 2 5 I{ 1 n PROPOSER f, ---HEB PGL 65' 17: — 1 a o , uQ U p # + HEB �� pp TRUCK , ' --- --- MAINT BLDG. H -E. BUTT GROCERY COMPANY I SUBJECT: USE PRIVILAGE AGREEMU _ boApff-DA WON PROJECT: HEB- WAREHOUSE PARKING GNL A4 ENVIRONYENf�L WMEMBSCHECKEDDRAWN BY: J.J.J. JOB N0.4753.00 o;.+moo 0 BY: TB DATE: 4-18-00 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH THE H.E.B. GROCERY COMPANY FOR THE RIGHT TO INSTALL AND MAINTAIN AERIAL COMMUNICATIONS CABLES ACROSS THE McCAMPBELL ROAD STREET RIGHT-OF-WAY, TO PROVIDE A COMMUNICATION LINK BETWEEN THE H.E.B. FACILITIES ON THE WEST AND EAST SIDES OF McCAMPBELL ROAD; ESTABLISHING,A FEE OF $310; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or designee, is authorized to execute a Use Privilege Agreement with H.E.B. Grocery Company for the right to install and maintain aerial communications cables across the McCampbell Road street right-of-x~;ay, to provide a communication link between the It.E.B. Facilities on the West and East sides of McCampbell Road; and establishing a fee of $310. A copy of the Use Privilege Agreement is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Char~er 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. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Legal form approved~ By: Samuel L. Neal, Jr., Mayor ,~ ,2000; James R. Bray, Jr., City Attorney oy~ie C~~ity Attomey H:\LEG-DIR\VERONICA\DDCURTIS\b, lYDOCS\2000\ORD2000.100\DDCORD00.129 84 CITY COUNCIL AGENDA MEMORANDUM Date: June 8. 2000 AGENDAITEM: Resolution authorizing the City Manager or his designee, to execute an inte~ocal agreement with the Housing Authority of the City of Corpus Christi (Authority) forthe Corpus Christi Police Department to provide supplemental police services to the Authority on a voluntary overtime basis, for a period of twelve months and not to exceed $125,176, to improve the efficiency and productivity of governmental resources; and declaring an emergency. ISSUE:. The Housing Authority of Corpus Christi has funding available for supplemental patrols to create a drug and crime free environment and to provide for the safety and protection of the residents in its public housing developments. BACKGROUND: The overtime Housing Authority Patrol (HAP) began in 1990 when the Housing Authority approached the City for law enforcement support in their developments funded through a HUD Drug Elimination Program grant. This $125,000 is through the FY 99 HUD grant. In the contract the Police Department agrees to provide a minimum often (10) Police officers, on an overtime basis, to perform specialized patrols to enforce all state and local laws as well as Housing Authority Rules as specified in the contract. Each officer participating wi/l complete a 4-hour shi_Pt, at a time and on a day of the week that is mutually agreeable between the Police Department and the Housing Authority. Both parties will jointly prepare a detailed plan of operation to reduce drug related and gang related crime. Officers are responsible for providing the Housing Authority with information regarding their daily contacts, referrals, suspicious persons, and other criminal activity they may have encountered during their tour of duty. The contract is for 12 months with services beginning as soon as Council approves the contract. FUNDING: The current 99/00 General Fund Police budget includes $110,000 reimbursement for overtime funded through the previous contract (FY 98 HUD grant). The proposed FY 00/01 General Fund Police budget also includes a reimbursement orS110,000 to be received from these monies for the FY 99 HUD grant. REQUIRED COUNCIl, ACTION: Acceptance of the contract. RECOMMENDATION: Staffrecommendsacceptanceofthecontract. P. Alvarez, rJTT. Chief of Police ADDITIONAL SUPPORT MATERIAL Contnct is available in City Secretary Office for review 86 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI (AUTHORITY) FOR THE CORPUS CHRISTI POLICE DEPARTMENT TO PROVIDE SUPPLEMENTAL POLICE SERVICES TO THE AUTHORITY ON A VOLUNTARY OVERTIME BASIS, FOR A PERIOD OF TWELVE MONTHS AND NOT TO EXCEED $125,176, TO IMPROVE THE EFFICIENCY AND PRODUCTIVITY OF GOVERNMENTAL RESOURCES. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute an interlocal agreement with the Housing Authority of the City of Corpus Christi (Authority) for the Corpus Christi Police Department to provide supplemental police services to the Authority on a voluntaxy overtime basis, for a period of twelve months and riot to exceed $125, 176, to improve the efficiency and productivity of governmental resources. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas ,2000. ATTEST: THE CITY OF CORPUS CHRISTI Amando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal form approved ~ I ") ,2000; James R. Bray, Jr., City Attorney By: . Lis~a A~uila ~ity A r ttomey H:~LEG-DIR\VERONICAXLISA%ORD2\ORD2.152 87 June 5,2000 To: Miguel Saldana Department of Planning and Development From: Cad Howard and Alan Morgan Subject: Application For Change of Zoning Mr. Saldana, we would like to withdraw our Application for Change of Zoning conceming the property located at 3450, 3454, 3458 and 3460 Alameda Street. The start up costs for this location is more than our budget allows and we have decided to look at other possible locations. Thank you for your time and help. I look forward to working with you again in the future. Cad Howard 88 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: June 13. 2000) Case No. 0500-05, Cad Howard: A change of zoning ~'om an "AB" Professional Office District to a "B-I" Neighborhood Business District on Port Amnsas Cliffs Addition, Block 814, Lots 57, 58, 59, 60, 61, and 62, located on the east side of South Alameda Street, approximately 50 feet north of Sinclair Street. Planning Commission and Staff's Recommendation (05/10/00): Denied the "B-I" District, and in lieu thereof, approved a "B-1A' Neighborhood Business District. Requested Council Action: Denial of the "B-I' District, and in lieu thereof, approval of a "B-1A" Neighborhood Business District and adoption of the attached ordinance. PurnoseofReauest: To develop the property with a restaurant. Summary: The applicant has requested a change of zoning fxom an "AB" Professional Office District to a "B-I' Neighborhood Business District in order to convert an existing 2-slot-/building into a barbecue restaurant. The subject property contains six (6) lots (Lots 57-62). The 2-story building is located on Lot 57 and 58. Lot 59 and 60 are undeveloped with Lots 61 and 62 containing a single story structure with multiple dwelling units. The single- story structure is planned to be removed and Lots 59 through 62 used as the parking area for the proposed restaurant. The subject property contains 18,750 square feet and a street ~-ontage of 150 feet on an arterial, S. Alameda Street. This size of property with the amount of street ~'ontagc on an arterial and residential adjacency makes the subject property an ideal location for the "B-1A" Neighborhood Business District. The requested "B-I" District permits the proposed restaurant, but affords no protection to the adjacent residential area as does the "B-1A" District. In a "B- I" District, a restaurant's kitchen and grease trap may be located ten (10) feet ~-om the residential property line and require a 6-foot standard screening fence. A "B-IA" District will require a 15-foot setback for the nonresidential structure, a 50-foot setback for the restaurant's kitchen and grease trap, and a 6-foot masonry wall along the residential property line. These performance standards provide some protection to the adjacent residences. Alter discussing the options with the applicant, he is in agreement with a "B-1A" District. Anolicant's Position: The applicant concars with Planning Commission and Staff's recommendation. Notification: Prior to the date of this memorandum, twenty-six (26) notices were mailed to the property owners within a 200-foot radius, of which two (2) were returned in favor and one (1) was returned in opposition. The 20% rule is not in effect. ~ Director of Planning ~ MG/MS/er Attachments: 1) Zoning Report Pages 2-I0 2) Comments Received Page 11 3) Planning Commission Minutes Page 12 4) Ordinances Pages 13~16 H:NPLN-DIR~ER34A\WORD~AGENDMEM~0400-01AGENDAMEMO,DOC 89 CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearin~ Date: Map No.: Applicant: LeRal DescrintionfLocation: 0500-05 May l0,2000 80-12 Carl Howard Port Aransas Cliffs Addition, Block 814, Lots 57, 58, 59, 60, 61, and 62, located on the east side of South Alameda Street, approximately 50 feet north of Sinclair Street. Area of Re~luest: Lot(s) Area: Current Zonin2: Request: Current Use of Pronertv: 0.43 acre (18,750 square feet) Same as above. "AB" Professional Office District "B-I" Neighborhood Business District Vacant office building, multiple-family structure and undeveloped land. Develop property with a restaurant. Not applicable. PurOose of Recluest: Zoning Change Requested Due to Notice of Violation: Adjacent Zoning: North, South - "AB" Professional Office District. East - "R-1B" One-family Dwelling District West - "A-I" Apartment House District with a "SP" Special Permit 90 Zoning Report Case No. 0500-05 (Carl Howard) Page 2 Adjacent Land Use: North - Ballet academy. South - Office building. East - Single-family residences. West - (across S. Alameda Street) Medical office building. Number of Residential Units Allowed: "AB" - 15 units (36.30 dwelling units per acre) "B-I" - 15 units (36.30 dwelling units per acre) "B-IA" - 18 units (43.56 dwelling units per acre) Estimated Traffic Generation: Quality restaurant - 96.51 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 4,000 square feet of gross floor area = 386 average weekday vehicle trip ends. Adjacent Streets/Classification: a) South Alameda Street - arterial Right-of-Way Design Current: a) 100-foot right-of-way with a 76-foot back-to-back paved section. PIned: a) Same as current. 1996 Traffic Count (24-hour, weekday, non-directional): a) 22,780 vehicle per day (at Texan Trail) Zonin~ History of Pronertv: There has been no rezoning activity within the past five (5) years. Zoning Report Case No. 0500-05 (Carl Howard) Page 3 Recent Surroundin2 Zonin~ Cases: In December 1990, Lots 39, 40 and 41, located on the east side of S. Alameda Street, south of Rossiter Street and east of the subject property, were denied a change of zoning to a "B-I" District but were granted a Special Permit for a floral and gift shop. The Special Permit has since expired. Lots 6C and 6D, located on the west side of S. Alameda Street, south of Rossiter Street and northwest of the subject property, are subject to a change of zoning for an "A-2" District to a "B-4" District and are scheduled to be heard by the Planning Commission on May 10, 2000. Zonin~ Inventorv: The subject property is part of the 6.91 acres of land area zoned an "AB" District and contain office, medical and dental clinics and a parking lot. Adjacent to the east, the area is zoned a "R-1B" District and predominantly developed with single-familyresidences. West ofthe subject property, there are 7.24 acres of land zoned an "A-1" District and developed with a medical clinic and a church. To the northwest, there are 7.27 acres of land zoned an "A-2" District which is developed with a church, a senior citizen apartment complex and a boarding house (Ronald McDonald House). Further northwest from the subject property, there is a "B-I" Dislrict that contains 19.90 acres and developed with a hospital, an apartment complex, and a convenience store. West of this "B-I" District, there is an "A-I" District containing 3.87 acres and aptahnents. Southwest from the subject property, there are 20.93 acres zoned a "B-4" District and contain a children's hospital. Planninl~ Staff Analysis: General Characteristics and Backmound: The applicant has requested a change of zoning from an "AB" Professional Office District to a "B-I" Neighborhood Business District in order to convert an existing 2-story building into a barbecue restaurant. The subject property contains six (6) lots (Lots 57-62). The 2-story building is located on Lot 57 and 58. Lot 59 and 60 are undeveloped with Lots 61 and 62 containing a single story structure with multiple dwelling units. The single-story structure is planned to be removed and Lots 59 through 62 used as the parking area for the proposed restaurant. The subject property contains 18,750 square feet and a street frontage of lS0 feet on an arterial, S. Alameda Street. This size of property with the mount of street frontage on an arterial and residential adjacency makes the subject property an ideal location for the "B-1A" Neighborhood Business District. The requested "B-I" District permits the proposed restaurant, but affords no protection to the adjacent residential area as does the "B-1A" District. In a "B-I" District, a restaurant's kitchen and grease trap may be located ten (10) feet from the residential property line and require a 6-foot standard screening fence. A "B-1A" District will require a 15-foot setback for the nonresidential structure, a 50-foot setback for the restaurant' s kitchen and grease trap, and a 6-foot masom'y wall along the residential property line. These performance standards provide some protection to the adjacent residences. After discussing the options with the applicant, he is in agreement with a "B-1A" District. 92 Zoning Report Case No. 0500-05 (Carl Howard) Page 4 · ConformiW to the Comprehensive Plan and Land Use Compatibility: Overall, th Comprehensive Plan Elements can be supportive of the "B-1A" District because of the protection of the residential properties and the direct access to an arterial. The Southeast Area Development Plan' s adopted future land use map recommends the area to develop with professional office uses. However, the "B-1A" District is designed to provide more protection to adjacent residential properties than the "B-1" District. Potential Housin~ Density: Both the "AB" and "B-I" Districts permit a residential density of 36.30 dwelling units per acre or 15 units on the subject property. A "B-1A" District permits a density of 43.56 dwelling units per acre or 18 units on the subject property. The change in zoning will have minimal impact on the adjoining properties, Height/Bulk/Setbacks/Etc.: All three of the districts, the "AB", "B-I", and "B-1A" Districts, required a front yard setback of twenty (20) feet. The side and rear yard setbacks in an "AB" District are required to be at least ten (10) feet each. There are no side or rear setbacks required in the "B-1" and "B-1A" Districts, tinless adjacent to a residential district where the setbacks are ten (10) feet each in a "B-I" Dislrict and ten (10) feet side yard and fifteen (15) feet rear yard in the "B-1A" District. Both the "All" and "B-I" Districts limit the building heights to three (3) stories with the "AB" District permitting 45 feet and the "B-I" District allowing 35 feet. Building heights in the "B-1A" District are limited to 36 feet unless adjacent to a residential district where the height is limited to 26 feet. Signage: An "AB" District permits one wall sign with an area not to exceed twenty (2t square feet. A freestanding sign with an area of twenty square feet and a height of fifreen (15) feet may be permitted in lieu of the wall sign and with Planning Commission approval. Wall siEng in the "B-I" District area unlimited as to size and number. The "B-I" District does permit one freestanding sign per premise with an area not to exceed forty (40) square feet and a height of twenty (20) feet. The "B-1A" District permits one freestanding sign per premise with a height of fifteen (15) feet, a setback often (10) feet, and an area of thirty (30) square feet or 0.25 square foot per linear of street, whichever is greater, but in no event exceed fifty (50) square feet. Wall signs in the "B-1A' DisWict are limited to one square foot of sign area for linear foot of wall frontage with a door for public use. .Traffic: The proposed restaurant use could generate 386 daily trip ends. This traffic would access the site from S. Alameda Street, an medal. As an medal, S. Alameda Street is designed to accommodate large volumes of traffic. S. Alameda Street is shown to handle 22,780 vehicles per day at Texan Trail and 26,000 vehicles per day at Doddridge Street. The traffic increase onto S. Alameda Street will have minimal impact on its circulation. Parking./Screenin~: A restaurant use is required to provide one off-street parking space for each 100 square feet of gross floor area_ The proposed 4,000 square foot restaurant would be required to provide forty (40) off-street parking spaces. If zoned a "B-1A" District and the development uses two (2) drive approaches instead of the three (3) approaches, the off- street parking may be reduced by twenty (20) percent to 32 park'mg spaces. In the "B-' ~ 93 ~ Zoning Report Case No. 0500-05 (Carl Howard) Page 5 District, a standard screening fence with a height of not less than six (6) feet is required when a business or industrial use locates adjacent to a residential district. The "B-1A" District requires a masortry wall with a height of not less than six (6) feet along the residential adjacency. If a change of zoning is approve& a screening fence or masonry wall will be required along the subject property's east property line. · Costs to City: All of the infrastructure required to serve the subject property is in place and no costs to the City are anticipated. · Platting: The subject property comains six (6) platted lots and further replatting is not required. Pros: (Ideas in support of the request.) a) The subject property has direct access to an arterial without traversing a residential area. b) The proposed restaurant is a use that would complement the surrounding uses. Cons: (Ideas in support ofmalmaining the current zoning.) a) The existing "AB' District is consistent with the Southeast Area Development Plan's adopted future land use map. b) The restaurant can be accommodated in a "B-1A" District that affords more protection to the adjoining residential area. Staff Recommendation: Denial of the "B-I" District, and in lieu thereof, approval of a "B-IA" Neighborhood Business District. Attachments: Zoning and Ownership Map Ownership List Southside Area Location Map H:XPLN-DIR\ERMA\WORDXZONRPTS\050005REp. DOC 94 ~ R-IB B-I Ale BUTT H.E A-I Bm HOSPITAL B-4 May 3, 2000 - RP CASE Z0500-05 B-4/SP · - Property Owner in Favor X Property Owner Opposed See Comments on Page(s) 95 Subject property APPLICANT: CARL HOWARD 2858 Austin St. 78404 1 z0500-05 115000000061 CASA DE ORO APTS 3401 S. ALAMEDA ST. CORPUS CHRiSTI, TX 78404 BUTT H E TRACT LT 6-D 4 Z0500-05 610307140510 MISTRY VASUMATI AND KAVITA MISTRY 3438 TOPEKA STREET CORPUS CHRISTI TX 78411 P A CLIFFS LTS 51 & 52 BLK 714 7 Z0500-05 610307140570 COCKRILL W R 9209 S PADRE ISLAND DR CORPUS CHRISTI TX 78418 P A CLIFFS LTS 57 & 58 BLK 714 10 Z0500-05 610307140630 DORAN ELAINE 1021 BRAWNER PKWY CORPUS CHRISTI TX 78411 P A CLIFFS LTS 63 & 64 BLK 714 13 Z0500-05 610308140030 KADLECEK VIOLA 3457 TOPEKA CORPUS CHRISTI TX 78411 P A CLIFFS LTS 3 AND 4 BK 814 16 70500-05 610308140090 GUARISCO PHILIP L 3445 TOPEKA STREET CORPUS CHRISTI TX 78411 P A CLIFFS LTS 9 AND I0 BK 814 OWNERSHIP LIST CASE NO. 0500-05 2 Z0500-05 357800000010 DRISCOLL CHILDPENS HOSPIT P O DRAWER 6530 CORPUS CHRISTI TX 78466 HOSPITAL TR TR 1 5 Z0500-05 610307140530 HERPIN DANIEL R ET UX LISA D 3442 TOPEKA CORPUS CHI~.ISTI 'IX 78411 P A CLIFFS LTS 53 & 54 BLK 714 8 Z0500-05 610307140590 ASSARIAN STEPHEN F 3454 TOPEKA CORPUS CHRISTI TX 78411 P A CLIFFS LTS 59 & 60 BLK 714 I1 Z0500-05 610307150330 COSTILOE PENNY 3502 TOPEKA CORPUS CHRISTI TX 78411 P A CLIFFS LTS 33 & 34 & N15' OF LT 35 BLK 715 14 70500-05 610308140050 RICHEY JANICE K 4421 DOLPHIN CORPUS CHRISTI TX 78411 P A CLIFFS LTS 5 AND 6 BK 814 17 Z0500-05 610308140110 COFFMAN PAMELA F 13801 EAGLESNEST BAY CORPUS CHRISTI TX 78418 P A CLIFFS LTS 11 AND 12 BK 814 3 Z0500-05 357800000030 PED1ATRICS CENTER JNT VEN 3435 S ALAMEDA CORPUS CHRISTI TX 78411 HOSPITAL TRACT LT B TR 2 6 Z0500-05 610307140550 GARCIA ERNEST A 3446 TOPEKA CORPUS CHRISTI TX 78411 P A CLIFFS LTS 55 & 56 BLK 714 Z0500-05 610307140610 WHITT RICHARD W SR EVERHART CORPUS CHRISTI TX 78411 CLIFFS LTS 61 & 62 BLK 714 12 Z0500-05 610308140010 BRADSHAW CAROLYN & KENNET MERTZ 15910 ECHO HILL DR HOUSTON TX 77059 P A CLIFFS LTS 1 AND 2 BK 814 15 Z0500-05 610308140070 LANPHIER GEORGE LET UX 3449 TOPEKA CORPUS CHRISTI TX 78411 P A CLIFFS LTS 7 AND 8 BK 814 18 Z0500-05 610308140130 RAATZ DIXIE 3437 TOPEKA STREET CORPUS CHRISTI TX 78411 P A CLIFFS LTS 13 AND 14 BK 814 96 t~ Ownership List Case No. 0500-05 (Carl Howard) Page 2 19 Z0500-05 610308140150 BAYSINGER JANIE F 3433 TOPEKA CORPUS CHRISTI TX 78411 P A CLIFFS LTS 15 AND 16 BK 814 20 Z0500-05 610308140490 KINZEL MACY MAE 3434 SOUTH ALAMEDA CORPUS CHRIST/TX 78411 P A CLIFFS LTS 49 AND 50 BK 814 21 Z0500-05 610308140510 JOI--YNSON GWY'NARD W 4230 KEY WEST CORPUS CHRISTI TX 78411 P A CLIFFS LTS 51 AND 52 BK 814 22 Z0500-05 610308140530 SULIK JOHN F ET UX 3102 TOPEKA CORPUS CHRISTI TX 78404 P A CLIFFS LTS 53 THROUGH 56 BK 814 25 Z0500-05 610308150310 ANAYA GLORIA S 3501 TOPEKA CORPUS CHRISTI TX 78411 P A CLIFFS LTS 31 AND 32 BK 815 28 Z0500-05 TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TX 78416 ALAMEDA ROW 23 Z0500-05 610308140630 WALDO GUTIERREZ PHYSICAL THERAPY INC 6500 S P I D SUITE 3-A CORPUS CI-.IR/STI TX 78412 P A CLIFFS LTS 63 AND 64 BK 814 26 Z0500-05 610308150330 RIOS BILLY MD ET U'X 3502 S ALAMEDA CORPUS CHRISTI TX 78411 P A CLIFFS LTS 33 & 34 AND N16.67' OF LT 35 BK 815 SUBJECT PROPERTY Z0500-05 610308140570 BATH LEASING COMPANY 5656 S. STAPLES, STE. 110 CORPUS CHRISTI, 'IX 78411 P A CLIFFS LTS 57 THROUGH 62 BK 814 24 Z0500-05 610308150290 JOSLIN JOE V 3505 TOPEKA STREET CORPUS CHRISTI TX 78411 P A CLIFFS LTS 29 AND 30 BK 815 27 Z0500-05 610308150350 WILDER DORA 661 BERING DR UNIT 508 HOUSTON TX 77057 P A CLIFFS S8.33' OF LT 35, ALL LTS 36 & 37 AND N8.33' OF LT 38 BK 815 LEROY SAN MIGUEL MAINTENANCE DEPARTMENT CORPUS CHRISTI I.S.D. ~-- P. O. DRAWER 1 I0 CORPUS CHRISTI, TX 784b_ H:\pLN-DIR\ERMA\WORD\0500-05OWNERSHIP.doc 97 q ~;b'ino _E 98 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0500-05 Carl Howard · Favor ~( Opposed (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 7) W. R. Cockrill, 9209 S. Padre Island Dr. No written commem. 11) Penny Costiloe, 3502 Topeka No written comment. Opposition: 12) Carolyn Bradshaw Harris, 15910 Echo Hill Drive "I own the house on 3461 Topeka and I do not want a restaurant at my back door. I have an elderly couple living in the house and do not want them disturbed." II. Responses received from outside the 200-foot notification area:: Favor: None. Opposition: None. III. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:\pLN-DIRXERMA\WORD\COMIvlDATA\0S00-0SCOM.DOC 99 Planning Commission Minutes May IO, 2000 Carl Howard: 0500-05 REQUEST: "AB" Professional Offxce District to "B-I" Neighborhood Business District on property described as Port Aranaas Cliffs Addition, Block 814, Lots 57, 58, 59, 60, 61, and 62 and located on the east side of South Alameda, approximately 50 feet north of Sinclair Street Mr. Saidaria presented a slide illustration of the subject property and the surrounding area. The subject property is part of the 6.91 acres of land area zoned an "AB" Distxict and contain office, medical and dental clinics and a parking lot. Adjacent to the east, the area is zoned a "R-IB" District and predominantly developed with single-family residences. West of the subject property, there are 7.24 acres of land zoned an "A-I" District and developed with a medical clinic and church. To the northwest, there are 7.27 acres of land zoned an "A-2" district which is developed with a church, a senior citizen apartment complex, and a boarding house (Ronald McDonald House). Further northwest from the subject property, there is a "B-I" District that contains 19.90 acres and developed with a hospital, an apartment complex, and a convenience store. West of this "B-I" District, there is an "A-l" Dismitt containing 3.87 acres and apartments. Southwest from the subject property, there are 20.93 acres zoned a "B4" District and contain a children's hospital. Mr. Saidaria stated that the applicant requested a change of zoning from an "AB" Professional Office District m a "B-I" Neighborhood Business District in order to convert an existing 2-story building into a barbecue restaurant. The single story slrucmre is pined to be removed and Lots 59 through 62 used as the parking area for the proposed restant. The size of the property with the amount of street frontage on an arterial and residential adjaconcy makes the subject property an ideal location for the "B-IA" Neighborhood Business District. The "B-l" District permits the proposed restaurant, but affords no protection to the adjacent residential area as does the "B-1A" District. A "B-IA" DisUict will require a 15-foot setback for the nonresidential structure, a 50-foot setback for the restaunnt's kitchen and grease trap, and a 6-foot masonry wall along the residential property line. Mr. Sat,tara stated that he was in agreement with a "B-IA" District. Staff recommends denial of the "B-I" District, and in lieu thereof, approval of a "B - 1A" Neighborhood Business District. Chairman Noyola opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. After discussion comparing the "B-I" and "B-1A" Districts, the Commission thanked Staff for recommending the "B-1A" Dislxict. Conm'assioner Sween-McGloin stated that she believed a "B-1A" District would protect the neighborhood adjacent to the subject property and distributed photographs of property previously approved for a "B-l" District by the Commission. She stated that restsictious placed on restaurants in a "B-1A" District would prevent occurrences that are not neighbor-friendly as illustrated in the photographs. Motion by Sween-McGloin, seconded by Mires, to approve Staffs recommendation. Motion passed nnaninlously. //= AN ORDINANCE PLANNING COMMISSION AND STAFFS ' RECOMMENDATION AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CARL HOWARD, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 57 THROUGH 62, BLOCK 814, PORT ARANSAS CLIFFS ADDITION, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-1A" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Ca~ Howard for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 10, 2000, dudng a meeting of the Planning Commission, and on Tuesday, June 13, 2000, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, .dudng which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of Lots 57 through 62, Block 814, Port Arensas Cliffs Addition, located on the east side of South Alameda Street, approximately 50 feet north of Sinclair Street, from "AB" Professional Office Distdct to "B-1A" Neighborhood Business District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. \\C~TYHALL~2\USERS~LEG~D~R\VER~N~CA\DDCURT~S~YD~CS~2~P8~Z~RD~v~GUELS~Z~5~5A~D~C /J 2 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti. SECTION 7. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (f) rinds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of June, 2000. ATTEST: THE CITY OF CORPUS CHRIST! Armando Chapa City Secretary APPROVED May 22, 2000 James R. ~{ity Atto y '- By: Doyle D. ~ior Assistant Ci(/~'~~ Attomey Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti \\Cr~YHALL~2\USERS\LEG~D~R\VER~N~CA\DDCURT~S~V~YD~CS~P~ 7~P`D~4|~UELS~Z~S~A~D~C 102 APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CARL HOWARD, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 57 THROUGH 62, BLOCK 814, PORT ARANSAS CLIFFS ADDITION, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Cad Howard, for amendment to the zoning ordinance and zoning map of the City of Corpus Chdsti; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 10, 2000, dudng a meeting of the Planning Commission, and on Tuesday, June 13, 2000, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Chdsti, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by changing the zoning of Lots 57 through 62, Block 814, Port Aransas Cliffs Addition, located on the east side of South Alameda Street, approximately 50 feet north of Sinclair Street, from "AB" Professional Office District to "B-1" Neighborhood Business District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:%LEG-DIR\VERONICA\DDCURTIS~vIYDOCSX2000~P~cZORI)00\DOYLEC',Z05OOOSB.DOC 103 /f~ SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (f) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13t" day of June, 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED May 22, 2000 James R,~,, City Att By: Doyle ~nior Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-D[R\VERONICA'~DDCURTIS\MYDOCS~2000~P&ZO~YLEC~0S00OSB.DOC 104 /~ Corpus Christi Crime Control & Prevention District 2000-01 Budget Attached you will find the proposed FY2000-01 budget for the Corpus Christi Crime Control & Prevention District. The Crime Control & Prevention Dislrict Board adopted the FY2000-01 budget on April 19, 2000, and a public hearing has been scheduled before the Council on June 13, 2000. Administrative Notes: This budget contains no reduction or elimination of programs. >' It is essentially a status quo budget, continuing all programs as originally designed. The future proposed budget cuts discussed for FY2002-2005 in the Joint Council/Board meeting on May 31, 2000 are not included in this document. Future Council Action: The FY2000-01 Crime Control & Prevention District budget will be presented to the City Council on June 27, 2000 for approval. Cmdr. Bryan P. Smith District Coordinator 106 6/8/00 4:03 PM Beginning Balance Revenues: Sales Tax Interest Earnings Totel Current Revenues Totel Funds Available Expenditures: Additional Police Officers Support Personnel Juvenile Assessment Center Pawn Shop E)~tail Legal Advisor MDT/AVL Technical Support School / Police Partnership Special Traffic Enforcement (omcer Ove~,ime) Bi--Annual District Evaluation Citizen Advisory Councils Street Lighting Public Safe~ Vehicles & Equipment Total Expenditures Ending Balance Surplus I (Deficit) Crime Control & PrevenUon District Budget & Financial Forecast FY 2000-01 Preliminary Plan Annualized Actual ExUmated Budget Forecast Forecast Totel Forecast 1998-99 1999-00 2000-01 2001-02 2002-03 5 Yr Plan 2002-03 $ 802.965 $2.576.866 $ 3.137,755 $ 2.856,768 $1,882,073 3,298,678 3.397.638 3,499,567 3,604,555 2,784,518 82.769 103,075 125,510 114,271 75,283 3.381.447 3,500,713 3,625,078 3,718,825 2.859,801 4.184,412 6,077,579 6.762.833 6,575,593 4,741,874 326.546 1,291,971 2.355.220 3,111,015 2.515,359 311,946 455,704 598,972 625,053 483,676 367,181 510.762 525,966 407.349 48.513 71,311 85,903 89,419 69,365 31,165 53,276 61,600 63.749 49.333 66,458 137,762 104.108 107,818 83,451 128,067 165,933 147.000 147,000 110,250 11.886 80,000 6.000 6,000 10,000 9,000 9.000 6.750 25,000 25,000 682,965 275,686 8.500 8.500 6.375 1.607,546 2,939.824 3,906,065 4,693,520 3.731,907 2.576,866 3,137,755 2,856,768 1,882.073 1,009,967 1,773.901 560.889 (280,98?3 (974,695) (872,106) $ 802.965 $ 1,882,073 16,584,957 3,712.691 500,907 75.283 17.085.864 3.787.974 17,888,829 5,670,047 9,600,111 3,353,812 2,475,351 644.901 1.811,259 543,132 364,511 92.486 259.123 65,777 499,597 111.268 698,250 .000 91.886 12,000 34,750 9.000 50,000 982,026 8.500 16,878,862 4.975,876 1,009,967 694,171 207,002 (1.187.902) 6~8~00 107 AGENDA MEMORANDUM June 7, 2000 SUBJECT: Wesley Seale Dam Spillway Stabilization Project #8203 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 4 in the amount of $1,812,870.75 with ASI-RCC, Inc. of Buena Vista, Co. for the Wesley Seale Dam Spillway Stabilization Project. ISSUE: Additional work is needed to ensure the stability of the South Spillway Chute and address maintenance items necessary to the operation of Wesley Seale Dam. FUNDING: Funds for this project are available from proceeds of the bonds sold for this project in the Water Capital Projects Fund. RECOMMENDATION: Approval of the motion as presented. Eduardo Garana rr, ~ Water Superintendent Director of Engineering Services Additional Support Material Exhibit A: Background Information Exhibit B: Prior Council/Administrative Actions Exhibit C: Preliminary Budget Exhibit D: Location Map Page 1 of I 108 H:\HOMBKEVINS\GEN\WATER\SEALE~CONSTRUC\!CO4,MMO ADDITIONAL INFORMATION SUBJECT: Wesley Seale Dam Spillway Stabilization Project #8203 SUMMARY: The project is proceeding ahead of schedule and is within budget. Dudng the quarterly report to Council, Dr. Waters reported the geotechnical investigation and inspection of the spillway chute would occur once the area was de-watered as scheduled. The geotechnical results require that a change order be approved to permanently ensure the stability of the south spillway chute. BACKGROUND: Geotechnical investigation of the spillway chute was programmed in the Freese and Nichols' contract to be undertaken once the south spillway was de-watered. The investigation could not be undertaken without de-watering which required completion of the temporary outlet canal, and contractor action to increase the stability of the south spillway. FINDINGS: The results of the discharge chute geotechnical investigation have been reviewed by Freese & Nichols and the City's Independent Board of Consultants (John Focht, P.E. and Eric Kollgaard, P.E.). The results and proposed corrective actions were presented to the City's independent Board of Consultants on Tuesday, May 16. The investigation revealed uplift hydraulic pressure exists under the outlet chute. Minor voids (up to 6-in.) were also observed under the chute. A series of minor cracks in the chute floor were found. The cracks are stable, and appear to have been caused by a 1979 grouting repair. These cracks could ultimately expose reinforcing steel to corrosion. CORRECTIVE ACTIONS: Change Order No. 4 will allow the necessary corrective actions to be completed. The change order includes additional welding effort necessary (existing gates are magnetized) to complete gate extensions. The extensions will address the anticipated subsidence, and allow the reservoir to operate at its full capacity of 94 ft. m.s.I. The Corrective actions for the discharge chute include grouting of voids, installation of a sedes of relief wells, shallow (~30') anchors, and a concrete oveday. The relief wells will reduce the uplift pressure, and when combined with shallow anchors ensure that the outlet chute is fully stabilized. The concrete overlay will protect the reinforcing steel from corrosion. The overlay will also correct a deficiency in the hydraulic flow of the spillway H:~-IOME\KEVINS\GEN\WATER\SEALE~CONSTRUC\!CO4.BKG EXHIBIT"A" Page 1 of 2 109 that creates a second source of uplift pressure. This change order includes the additional recommendations of the City's independent Board of Consultants consisting of: 1. the installation of three additional relief wells in a "deep" sand formation (~30-ft.); and 2. the use of a chemical grout to create a seal between a new steel sheet pile cut*off wall and existing sheet piling. Additional stability items that are included in the change order include: 1. restoration of earth embankments to elevation 106 ft. m.s.l.; and 2. seepage control on the north embankment. The proposed change order also includes a number of necessary maintenance items and items that will increase operational efficiency. The items are not related to the spillway stabilization, but need or will need to addressed in the near future. The contractor has offered a pdce that is deemed fair and will allow the City to avoid bid and mobilization expense if the projects are contracted separately. Items include replacement of the odginal handrails, access (safety) ladder improvements, water level staff gauge & remote cable conduit, control cables and concrete duct bank, enlarge center embankment storage building, new storage building, modification of railing and concrete pilaster to ease equipment tuming radius, relocation of electrical transformers, extension of permanent secudty fences, installation of secudty access system, installation of ramp to facilitate south spillway access, demolition of wire weight platform, installation of an irrigation to maintain grass cover on the north embankment during times of drought. PRIOR COUNCIL & ADMINISTRATIVE ACTIONS: (See Exhibit B) FUTURE COUNCIL ACTIONS: Council will be requested to address vadous maintenance, operation, control, and security system projects being designed as part of Amendment No. 9 by Freese & Nichols. It anticipated those elements not included in Change Order No. 4 will be bid as a separate contract(s). FUNDING: Funds are available from the Water Capital Improvement Fund. See Exhibit C. RECOMMENDATION: Approval of the motion as presented. H:~-IOME\KEVINS\GEN\WATER\SEALE',CONSTRUC\!CO4.BKG EXHIBIT"A" } Page 2 of 2 110 PRIOR COUNCIL & ADMINISTRATIVE ACTIONS COUNCIL ACTIONS: February 24, 1998 - Motion to authorize a contract with Freese Nichols in the amount of $1,614,000 for engineering sen/ices to design the required repairs (M98-043). June 23, 1998 - Motion to authorize Amendment No. I with Freese Nichols in the amount of $400,000 for additional engineering sen/ices for Wesley Seale Dam (M98-223). June 8, 1999 - Motion to authorize Amendment No. 6 with Freese Nichols in the amount of $1,386,000 for construction phase sen/ices for Wesley Seale Dam (M99-172). June 8, 1999 - Motion to authodze the award of a construction contract in the amount $16,402,850 to ASI-RCC, Inc. for the Spillway Rehabilitation project at Wesley Seale Dam (M99-171 ). May 30, 2000 - Motion to authorize Amendment No. 9 with Freese Nichols in the amount of $344,600 for engineering sen/ices for the Wesley Seale Dam Spillway Stabilization Project (M2000- 169). ADMINISTRATIVE ACTIONS: Several administrative amendments to the contract with Freese and Nichols were issued. The administrative amendments were no cost amendments issued for documentation purposes. The amendments authorized and the Engineer to proceed with a modified project scope. It was discovered dudng the design that it was not necessary to complete certain tasks based on investigations and test results. However, other investigations and design sen/ices were identified as necessary to the project. The tasks and services deleted and added are indicated on the summary of fees of the Contract Summary (See Exhibit D). The administrative amendments included: Amendment No. 2 - Modification of Sco Amendment No. 3 - Modification of Sco Amendment No. 4 - Modification of Sco Amendment No. 5 - Modification of Sco Amendment No. 7 - Modification of Sco Amendment No. 8 - Modification of Sco ~e - No change in fee - (10/28/98); De - No change in fee - (11/19/98); >e - No change in fee - (12/11/98); De - No change in fee - (2/8/99); De - No change in fee - (10/19/99); ~e - No change in fee - (01/28100). and Administrative Change Orders issued were: 1. March 6, 2000 - Change Order No. I in the amount of $11,295 for additional chain link gates and instrumentation protective covers. 2. May 1, 2000 - Change Order No, 2 in the amount of $1,351.35 for surge suppression, new gate hoist motors, French drain system, additional sheet piling and deletion of unnecessary jet grouting, relief wells, horizontal drilling. 3. May 18, 2000 - Change Order No. 3 Modification of Scope - No change in cost - for geotechnical exploration holes, low flow chute slab/sand drains & test anchors and deletion of portion of pumped release allowance. H:\HOME~KEVINS\GEN\WATER\SEALE\CONSTRUC\!CO14!a. XC EXHIBIT B { Page 1 of I WESLEY SEALE SPILLWAY STABILIZATION The attached schedule (page 2) provides the preliminary construction budget presented to Council at the time of award of the construction contract. The last column portrays the total projected project expenses and all uses of funds. The total project budget includes funds utilized for the design phase, design phase expenses, and expenditures of other related projects. 112 H:~HOME\KEVINS\GEN\WATER~SEALE\CONSTRUC\!BUDGET,WPD IExhibit C ) Page 1 of 2 FUNDS AVAILABLE: Utility System CIP Fund (No. 4475) (Design) Utility System CIP Fund (No. 4480) (Design) Utility System CIP Fund (No. 4083) (Construction) PROJECT BUDGET WESLEY SEALE DAM SPILLWAY STABILIZATION SPILLWAY CONSTRUCTION & TOTAL EXPENDITURES PRELIMINARY CONSTRUCTION BUDGET 26,235,000 Total 26,235,000 FUNDS REQUIRED: Construction (Original Contract) Change Orders 1 - 3 Change Order No. 4 (Proposed) Total Contingencies Engineering Design Phase (Fraese & Nichols) Engineering Amendment No. 1 (additional test program) (1) Engineering Amendment No. 6 Construction & Resident Rep.) (1) Amendment No. 9 Spillway & Maintenance Design (1) Assistant Resident Engineer AJE Board of Review Design Reimbursements (1.5%) Survey Reimbursements Admin. Reimbursements Bond Issuance Costs/Underwriters/Insurance Miscellaneous Expenses (Printing, Advertising, Express, etc.) Total OTHER PROJECTS Reservoir Operating Plan Update Update of Probable Maximum Flood (1) Amendment No. 1 was part of additional test and design phase. 16,402,850 3,536,120 1,856,500 357,500 29,000 400,000 75,000 25,000 354,985 15,000 23,051,955 23,051,955.00 Balance Amendments 2 - 5 and 7 & 8 were change of scope for no additional fee. PROJECTED TOTAL BUDGET 1,500,000 554,000 26,235,000 28,289,000 16,402,850.00 12,646.35 1,812,870.75 0.00 1,614,000.00 400,000.00 1,856,500.00 344,600.00 357,500.00 111,000.00 400,000.00 75,000.00 25,000.00 354,985.00 15,000.00 23,781,952.10 483,040 98,200 24,363,192.10 $3,925,807.90 Exhibit C 113 Page '1 of 2 H:\HOME~KEVINS\GEN~WATER\SEALE\CONSTRUC\!BUDGET.WPD \ Mproject \ councilexhlblts \ exh8203.dwg C ' ,~/ LAKE CORPUS RISTI ~ STATE ~'2 '/' ~ __.L~VE.,,~...... / ,~ JIM ::E:S CO.~' c}'<° NU 13 '9 :-~ N F~TA ECES ~_, x~.,, ,"5',2' , SAN PATRICIO CO. I III LA FRUTA BRIDGE CITY PROJECT 8202-8203 WESLEY SEALE DAM SPILLWAY REHABILITATION CI7~' OF CORPUS CHRISTI, TEXAS LOCATION MAP NOT TO SCALE EXHIBIT "D" 114 CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 05-23-2000 CITY COUNCIL AGENDA MEMORANDUM June 13, 2000 Agenda Item: Motion approving the submission of FY 2000-2001 Community Youth Development Programs in the amount of $500,000 to the Texas DepaH~nent of Protective and Regulatory Services (TDPRS) as recommended by the Community Youth Development Steering Committee. Issue: The Texas Department of Protective and Regulatory Services will continue funding for the Community Youth Development Program in various cities throughout the state. The City of Corpus Christi may apply for a fourth year of funding in the amount of $500,000 for Fiscal Year 2000-2001 to be used for programs in the 78415 zip code area. The City serves as the Fiscal Agent and not the Grant Administrator as in other program areas. The Community Youth Development Steering Committee has selected and voted on proposals to recommend to City Council to be submitted to TDPRS. Any changes to the Steedng Committee's recommendation by the Fiscal Agent will cancel any contract with TDPRS for Community Youth Development Program funds for Fiscal Year 2000-2001 and the 78415 zip code area will not receive any funding. In order to be considered for funding in Fiscal Year 2001, proposals must be delivered to TDPRS by Fdday, June 16, 2000. Background Information: On May 27, 1997 Council approved a transfer agreement with the Workforce Development Corporation pertaining to the Community Youth Development Contract with the Texas Department of Protective and Regulaton/Services (TDPRS) for the 78415 CYD Program, and executed a contract with TDPRS; Council also passed a resolution (#4:)22938) establishing the Community Youth Development Steering Committee. On August 12, 1997 Council approved the submission of a $500,000 proposal for Fiscal Year 97-98 to TDPRS. On October 28, 1997 Council approved the contract between the City and TDPRS and appropriated $500,000 (Ordinance #023112). On March 10, 1998 Council approved the submission of a $70,000 proposal to TDPRS. On June 9, 1998 the Council approved amending the contract with TDPRS to increase funding from $500,000 to $566,765 and approving the subcontracts (Ordinance ~)23334). Council approved the Community Youth Development programs for Fiscal Year 98-99 on June 23, 1998. On September 22, 1998, the City Council approved the execution of the contract with TDPRS for the $500,000 for Fiscal Year 98-99 and the subcontracts with Communities In Schools, Park and Recreation Department, Corpus Christi Public Library, Corpus Chdsti Independent School District, Paisano Gid Scout Council, YVVCA of Corpus Christi, Corpus Christi Housing Authority, and the Volunteer Center of the Coastal Bend (Ordinance #023447). On February 16, 1999 Council approved the submission of a $32,600 proposal to TDPRS. On March 19, 1999 Council approved amending the contract with 116 Page 2, Agenda Memorandum TDPRS to increase funding from $500,000 to $532,600 and approving the subcontrac,~ (Ordinance #-023595). Council approved the Community Youth Development programs for Fiscal Year 99-00 on June 22, 1999. On August 24, 1999, the City Council approved the execution of the contract with TDPRS for the $500,000 for Fiscal Year 99-00 and the subcontracts with Communities In Schools, Inc., Girl Scouts Paisano Council, Park and Recreation Department, Volunteer Center of the Coastal Bend, and Youth Odyssey, Inc. (Ordinance # 023732). Future Council Action: If the proposal is approved by TDPRS, Council will approve a contract between the City of Corpus Christi, TDPRS, and the various subcontractors. Community Youth Development Steering Committee Review: The Community Youth Development Steering Committee used the following process for their consideration of 12 separate program proposals (the Girl Scouts withdrew their proposal because they could not run the program without the administrative costs being funded). Each Steering Committee member reviewed copies of the 12 proposals then scored each proposal separately using an evaluation form. Average scores were computed for each proposal then the proposals were ranked from the highest to the lowest average score. Funds were then allotted beginning with the highest ranked proposal until all the available funds were distributed. Because there were not enough funds available to cover the fourth propos-t negotiations were held with Communities in Schools to reduce their requested amoun $14,187.00, in order to fund the Housing Authority's proposal. The CYD Steering Committee approved the program package in a special called meeting on May 24, 2000. Recommendation: Staff recommends approval of the proposed programs for the 78415 zip code area. Marco A. Cisneros, Director Park & Recreation Department ADDITIONAL SUPPORT MATERIAL Background Information ~ Contract Summary R Ordinance/Resolution n Map(s) ~3 117 CITY COUNCIL AGENDA MEMORANDUM Additional Background Information BACKGROUND: On April 17, 2000, TDPRS informed all CYD contractors of the anticipated funding level ($500,000) for Fiscal Year 2000-2001. In anticipation of this, the City of Corpus Christi, as Fiscal Agent, called for proposals from the community. Public notice of this was advertised in the newspaper February 26 and March 4, 2000 and all current subcontractors ware informed. Twelve proposals requesting funding for $ 827,802.00 were reviewed. On May 24, 2000, the Community Youth Development Steering Committee voted to recommend the following proposals for submission to TDPRS: 1. Communities In Schools, Inc. - Mentoring, Youth Activities, Education and Pre-Employment Programs 2. Housing Authority of CC - Youth Activities 3. Park & Recreation Department - Youth Activities 4. Youth Odyssey, Inc. - Youth Activities 5. City Contract Fees $ 333,355.00 23,758.00 20,141.00 33,215.00 89,531.00 $ 500,000.00 The proposals must be received by TDPRS by June 16, 2000 in order to be considered for funding under the Community Youth Development (CYD) Program. According to TDPRS policy guidelines for the CYD Program, it is not within the Fiscal Agent's power to adjust or amend the funding recommendation of the Steering Committee. Any changes to the Steering Committee's recommendation by the Fiscal Agent will cancel any contract with TDPRS for Community Youth Development Program funds for Fiscal Year 2000-2001 and the 78415 zip code area will not receive any funds. In 1995, the Texas Department of Protective and Regulatory Services developed a program to fund local grass roots efforts in the highest juvenile cdme areas of the state by zip cede. The program created activities that were not currently available within the 78415 zip code area. These activities were made available to youth ages 17 and under. Eligible activities must fall within the following categories: mentoring, activities, employment or education. In FY 98-99, thirteen zip codes in thirteen cities (McAIlen, Galveston, El Paso, Amadllo, Corpus Chdsti, Brownsville, Austin, Houston, Fort Worth, Dallas, San Antonio, Waco, Lubbock) each received $500,000 to either continue the same youth programs started the previous year or begin new programs. For FY 97-98, CYD programs for the 78415 zip code expended $511,747.91 of the $566,764.40 awarded. The total subcontractor participant goal of 3,718 was surpassed as 9,095 youth were served during the 97-98 fiscal year, September 1, 1997 to August 31, 1998. 118 Page 2, Additional Background Information On June 23, 1998, Council approved nine programs locally. These programs are rue Mentoting and Activities Program with Communities In Schools, the Summer Activities Program with the Park and Recreation Department, the Computer Outreach Program with the Corpus Chdsti Public Library, Community Connection Volunteers and ROPES Program with C.C.I.S.D., the Project Jumpstart with the Volunteer Center of the Coastal Bend, the YTeen Program with the YWCA of Corpus Christi, the 78415 Gid Scout Troop Program with the Paisano Girl Scout Council, and Camp Genesis with the Corpus Christi Housing Authority. Services began on September 1, 1998. In December 1998, TDPRS informed all CYD contractors of an opportunity to receive up to an additional $32,600 to add new programs for youth services in the 78415 zip code. Public notice of the request for proposals was advertised in the newspaper and proposal request packets were mailed to outside organizations and all current subcontractors. On February 16, 1999, City Council approved the programs recommended by the Community Youth Development Steering Committee to create additional services for the youth in the 78415 zip code. These programs ware Family Camping Weekend and Riding Camp provided by the City of Corpus Christi Park and Recreation Department and a Summer Academic Camp provided by Fannin Elementary School (Corpus Christi Independent School District). With the additional funding, the Community Youth Development Program totaled $ 532,600 for Fiscal Year 1998-1999. For the period September 1, 1998 to August 31, 1999, 12,706 youth ~ served by the 78415 CYD programs, greatly surpassing the subcontractor goal of 4,048 On June 22, 1999, Council approved 5 programs for Fiscal Year 1999-2000 totalling $500,000. These programs are the Mentoting and Activities Program with Communities in Schools, Inc., the 78415 Troop Program with the Girl Scouts Paisano Council, the Youth Recreation Program with the Park and Recreation Department, the Family Matters/Project JumpStart Program with the Volunteer Center of the Coastal Bend, and the Adventure Challenge Program with Youth Odyssey, Inc. Services began on September 1, 1999. For the pedod September 1, 1999 to April 30, 2000, 4,333 youth have been served by the 78415 CYD programs. 119 N 0 l n 78415 Community Youth Development Recommended Program Proposals September 1, 2000 to August 31, 2001 Communities Housing Authority Park & Recreation Youth Odyssey, Inc. City of Corpus Christ] TOTAL PROPOSER In Schools, Inc. of Corpus Christ] Department Contract Fees Name of Proposed Mentoring, Activities, and Recreational Programs Summer Youth Adventure Challenge NIA Program Pre -Employment Program for Public Housing Youth Recreation Program Program Mentoring, Activities, Activities, Education Activities Education, Activities N/A Type of Services Education, Employment Program Description Full-time mentoring, A comprehensive plan for An open campus, come Provide outdoor adventure Provide coordination and tutoring and activI es programs benefiting all and go recreation challenge programs that administration of 78415 program at 4 CCISD public housing youth in program with activities In promote healthy CommunityYouth 78415 campuses: South the 78415 area by a supervised environment environments, life-styles, Development Program. Park MS, Baker MS, Increasing self-esteem Activities include sports, and behaviors. In Lexington Elem., and providing educational and arts and crafts, leisure collaboration with CIS at Travis Elem. Services to athletic opportunities, and activities, performing arts, Martin MS and Ray HS include collaboration promoting community field trips, and weekly campuses, provide withTAMU-CC for awareness. Programs special events. enrichment activities and summer 78415 youth pre- include Boy/Cub Scouts, experiences. employment training. Girl Scouts, Recreation Programming includes: Centers, and the National Mobile Climbing Wall and Youth Sports Program Mobile Team Challenge (NYSP). Course (on-site);weekend camping (off-site). Duration of Program Year-round. Year-round for Girl Eight weeks In June and Scheduled throughout September 1, 2000 to Scouts, Boy Scouts, Rec. July, 2001. year August 31, 2001 Centers. NYSP June - July, 2001. Frequency of During school year, M- F, During school year, M- F, M- F, Ila -4p. 520 hours: 10 trips, and NIA Program 8a- Bp. Summer program 3p- 7p. Summer program twenty 2 -hour sessions during June and July, M- F, 10a -Bp. M - F ea -8 . Target Age Group 7-17 years 0-17 years of age at 8-12 years 12- 17 years of age from NIA three public housing Martin MS or Ray HS who developments live in the 78415 area Number of Youth I 1,350 440 150 410 NIA 2,350 Parents to be served Service Site($) South Park MS (3001 Its Armada Boys s Gins One of following: Martin MS (3502 NIA McArdle, 78415); Baker Club (1455 Southgate, Central Park Elem (3802 Greenwood, 78418); MS (3445 Pecan, 78411); 78415); Leeward Homes McArdle, 78415); Ray HS (1002 Texan Lexington Elem (2901 Rec. Center (2800 Sacky, Lexington Elem (2901 Trail, 78411); camping McArdle, 78415); Travis 78415); Parkway Homes McArdle, 78415); or trips to various stale parks Elem (3210 Churchill, Rec Center (3900 Kostory[ Elem (3802 78415): TAMU-CC (0300 Ramsey, 78415) Panama, 78415). Ocean Dr, 78412 Requested Funding $ 347,542.00 $ 29,003.00 $ 20,141.00 $ 37,137.00 $ 89,531.00 FY 2000 Budget $ 280,987.00 NIA $ 59,070.52 $ 31,842.00 $ 90,400.00 Avg. Cost per Participant $ 248.93 $ 54.00 $ 134.27 $ 81.01 NIA Recommended Funding $ 333,355.00 $ 23,758.00 $ 20,141.00 $ 33,215.00 $ 89,531.00 $ 5001000.00 78415 Community Youth Develoment Program Average Scores and Ranking of FY 2001 Proposals Ranking 1 2 3 4 5 6 7 8 9 10 11 12 Budget Amount Average PROPOSERS Requeste~ Score Park &Recreation Department 20,141.00 90.3 Communities In Schools, Inc. 347,542.00 86.9 Youth Odyssey, Inc. 33,215.00 84.8 Housing Authority of Corpus Christi 23,758.00 82.3 Fighting to Rid Gangs in America Foundation 44,318.00 72.6 Volunteer Center of the Coastal Bend 23,948.00 68.5 Tejano Academy of Fine Arts 53,837.00 64.9 CCISD-Galvan: LeamingBIocks. com(munity) 96,000.00 64.3 CCISD-Fannin: Math in the Kitchen 19,522.00 64.1 CCISD-Fannin: Academic Summer Camp 21,960.00 63.7 CCISD-Fannin: it Sounds Like Fun 11,600.00 62.7 CCISD-Fannin: Leading Students in Excellence 53,287.00 60.1 Steering Committee Recommendations for FY2001 Park & Recreation Depa, b,ent Communities In Schools, Inc. Youth Odyssey, Inc. Housing Authority of Corpus Christi City of Corpus Christi: Contract Fees 20,141.00 333,355.00 33,215.00 23,758.00 89,531.00 500,000.00 121 Community Youth Development 78415 Zip Code Boundaries (Does not include 78415 Rural Route) Tadton 0 0 S. Staples Blevins S.P.I.D. N Gollihar McArdle t- r- E Holly Saratocia 122 -- AGENGA MEMORANDUM Date: June 13, 2000 AGENDA ITEM: Motion authorizing the City Manager to submit a Detail Project Application for Central Power and Light' s Non-Residential Standard Perf6rmance Contract (SPC) Program for an LED Traffic Signal Changeout Program. ISSUE: Currently City traffic signals utilize 116 watt incandescent lamps that are changed out every 18 months. CP&L offers an incentive payment program for consumers to invest in electrical energy efficient projects. Street Services proposes to pursue an application to this incentive program to change out the current traffic signals with newer technology LED traffic signals which are more energy efficient (12 watt avg.) and will save on electrical cost, have life expectancy of 10 years or more, will reduce the City liability from burnt out traffic signals. Pursuing this application will require a commitment to purchase the replacement LED traffic signals at an approximate cost of $1.2M. FUNDING: Funding for this project will not impact the current FY99/00 budget. The necessary equipment purchases for this project will impact FY00/01 however the expenditure will be offset by CP&L's incentive payment and electrical cost savings. The purchase of the LED equipment is planned to be funded through the City's lease purchase program for a period of 84 months (7years, the fully warranty period of the LED equipment). As part of the Detail Project Application, the City will also submit a letter of credit for $17,910. The letter of credit will be returned once the LED traffic lights have been installed and approved by CP&L. FUTURE COUNCIL ACTION: ApprovalofthepurchaseoftheLEDreplacementsignals through the City's lease purchase program and approval of the Standard Performance Contract (SPC). RE COMENDATION: Staff recommends approval of the motion as presented. Director of Street Services ADDITIONAL SUPPORT MATERIAL Background Information Contract Summary Ordinance/Resolution Map(s) 124 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION The City currently has several thousand traffic signals and ped lights that operate with 116 watt incandescent lamps which generally have an 18 month life. Incandescent traffic signals have been the standard for the traffic industry until recent years when Light Emitting Diode (LED) traffic signals were developed. The new technology LED traffic signals have several benefits over incandescent signals they; use approximately 90% less energy than incandescent lamps ( 12 wart vs. 116 watt), have an expected life of more than I0 years, and can reduce the City's liability due to burnt-out signals. Street Services began investigating convening to this new technology in early 1999. During the investigation it was discovered that Central Power and Light had a program that would provide financial assistance for energy efficient retrofit projects that could potentially apply to the LED traffic signal conversion being considered. This program is called the Non-Residential Standard Performance Contract Program. The CP&L Non-Residential Standard Performance Contract (SPC) Program was developed to provide an incentive to consumers of energy services to invest in electric energy-efficiency projects at commercial and industrial customer facilities. This performance based program offers incentive payments for verified energy savings, based on a set dollars per kilowart-hour incentive rate. The SPC Program is a structure program with several steps that must be followed as outlined in the attached SPC Program Summary. The Street Services Department began working with CP&L in 1999 to determine if the LED traffic signal conversion project would qualify for the SPC Program and the potential amount of incentive payment for the project. In December 1999 a Basic SPC Program Application (the first step in the program process) was submitted for the proposed LED program and subsequently has been approved by CP&L. Through this basic application process it has been determined that the CP&L' s incentive payment for this project would be approximately $358,196. After going through the Detail Project Application process the incentive pay is now estimated at $365,809. The incentive payment is provided in two installments; the first payment (in this case an estimated at $146,324) after the energy efficient system installation is complete and the second payment (in this case an estimated at $219,485) after a year of verified energy savings. A cost impact analysis was performed to determine the economic viability of the LED conversion program. This project involves the replacement of 500 - 3 and 5 section signals, 1165 ped lights, and 4890 incandescent lamps with LED assemblies. The cost of the replacement materials is estimated to be $1,178,620. The purchase of these materials is proposed to be financed through the City's lease purchase program. Attached is the cost analysis comparing the proposed LED Traffic Signalstothecurrentincandescentsystem. This analysis takes into account the savings in electrical cost and the CP&L incentive payments for the conversion. As shown in the analysis, over a conservative I 0 year life of the LED signals, there is a potential to save approximately $770,000 by convening to LED signals. Additional cost savings could be achieve if the signals last longer than 10 years. 125 In order to proceed in with CP&L's SPC Program the City must now commit to doing the LED traffic signal conversion by submitting a Detailed Project Appl,.ication (DPA) along with a letter of credit. The letter of credit will be for $17,9 10 and is returned to the City once the project is complete. After the DPA is approved and a Measurement and Verification Plan is agreed on, the City must enter into an SPC Agreement with CP&L. By submitting the DPA it will commit the City to also purchase and install the LED traffic signals. City Council approval to proceed with this project is requested. Shotrid this project be approved, it is estimated that it would take approximately 14 weeks to bid and receive delivery of the LED assemblies and approx. 6 months to install. 126 COST IMPACT ANALYSIS Notes'. 1. Incremental Cost to Install LED Signals 2. Estimated Electrical Cost Based on Current Cost, adjusted for a 6% decrease in year 2002 under deregulation 3. Current Cont {Replacement of Incandescent Lamps 4. Equipment 6 f, Lease Payment Based on 7 year LED Assembly Warranty at a $1,178,620 cost 5. Estimated CP&L Incentive Payment LED Proposed Traffic Signal Program YR 1 YR 2 YR 3 YR 4 YR 6 YR 6 YR 7 YRS YRS Yr 10 TOTAL 2000-01 2001-02 2002.03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 Labor Costs (1) $131,287 $131,287 Electrical Power Costs (2) $111.144 $21,116 $19,851 $19,851F$228,165 $19,851 $19,851 $19,851 $19,851 $19,851 $350,622 Mass Bulb Change Out Program (3) $0 Lease Payments (4) $104,157 $208,314 $208,314 $208,314 $208,314 $208,314 $104,157 $1,458,198 $0 Subtotal $346,588 $229,432 $228,165 $228,165 $228,165 $228,165 $124,008 $19,851 $19,851$1,830,554 CPL Incentive Payment (5) $146,324 $219,485 65,809NET COSTS $200,264 $9,947 $228,165 $228,165 $228,165 $228165 $223165 $124008 $19,851 $19,851J$3 $1,514,745 Current Traffic Signal Program YR 1 YR 2 YR 3 YR 4 YR 6 YRS YR 7 YRS YR 9 Yr 10 TOTAL 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 Labor Costs $0 Electrical Power Costs $201,170 $201,170 $189,100 $189,100F$2,065.. $189,100 $189,100 $189,100 $189,100 $169,100 $2,482,438 Mass Bulb Change Out Program $37,000 $37,000 $37,000 $37,000 $37,000 $37,000 $37,000 $37,000 $37,000 $370,000 Lease Payments $0 $0 Subtotal $238,170 $238,170 $226,100 $226.100 $226,100 $226,100 $226,100 $226,100 $226,100 $2,285,138 CPL Incentive Payment NET COSTS $238,170 $238,170 $226,100 $226,100 $226,100 $226,100 $226,100 $226,100 $226,100 $2,285,138 Net Expenditure Budget Impact ($37,906) ($228,223) $2,065 $2,065 $2,065 $2,065 ($102,092) ($206,249) ($206,249) ($770,393) Notes'. 1. Incremental Cost to Install LED Signals 2. Estimated Electrical Cost Based on Current Cost, adjusted for a 6% decrease in year 2002 under deregulation 3. Current Cont {Replacement of Incandescent Lamps 4. Equipment 6 f, Lease Payment Based on 7 year LED Assembly Warranty at a $1,178,620 cost 5. Estimated CP&L Incentive Payment CENTRAL POWER AND LIGHT STANDARD PERFORMANCE CONTRACT PROGRAM PROCESS SUMMARY CP&L's SPC Program includes two basic'phases. First are the initial project tasks that occur prior to and just after the installation of the energy efficient measures. Second are the measurement and verification activities that occur after the energy efficient equipment is installed and ope~,3ting. A summary of the SPC Program process is as follows: BasieProiectAppliea~onfBPA). The~rststepintheSPCProgi'amprocessisfortheCitytosubmit a completed BPA for its proposed project. The BPA includes information about the proposed project and a general project description. A $250 non-refundable application fee must accompany each BPA. SPC Program incentive funds for the project are reserved uponCP&L's written approval of the BPA. Continued reservation for the incentive funding is contingent upon the City submitting an acceptable Detailed Project Application (DPA). Detailed Proiect Apnlieation (DPA). The DPA requires a detailed engineering study and contains information about the baseline; the proposed equipment (LED' s), including equipment counts, equipment efticiencies, and equipment operating schedules; calculations used to estimate the energy, savings. Each DPA must be accompanied by a deposit or letter of credit, (the amount based on a percentage of the estimated total incentive payment). The deposit or letter of credit will be returned once CP&L approves the Project Installation Report. The DPA, once approved, forms the basis for the contracted energy savings and becomes part of the SPC Agreement. Measurement and Verification (M&V} Plan. The M&V Plan is developed by CP&L using project specific information contained in the DPA. The plan outlines the procedures CP&L will follow to monitor and verify energy savings from the project. The City has an opportunity to comment on the plan prior to final agreement. Execution of SPC Agreement. The SPC Agreement signed by the City and CP&L specifies the energy efficient measures to be installed, the expected energy savings and total incentive payment, and the agreed upon M&V approach. Project Installation and Project Installation Report (PIR). After signing the SPC Agreement, the City has six (6) months to install the energy efficient measures. After the measures have been installed, theCitysubmitsaPIRtoCP&L. ThePIRcontainsadetaileddescriptionoftheenergyefficient equipment that is actually installed and the operating conditions. CP&L will conduct a post installation inspection of the project to verify that the equipment has been installed properly and is operating according to its design intent. CP&L's approval of the PIR is contingent upon the result of the post installation inspection. Installation Payment. Once CP&L grants it written approval of the PIR, the City can submit an installation invoice for 40% of the total estimated incentive amount. Measurement and Verification Renortinl;. During a one year performance period, CP&L will conduct M&V activities and prepare an M&V Report as specified in the Project M&V Plan. The M&V Report will summarize the M&V results an will be the basis fotCP&L"s calculation of the project's energy savings. Performance Payment. CP&L will issue the performance incentive payment (the final payment) based on the M&V report. The performance payment is calculated as the difference between the total payment from one year's worth of energy savings and thlBinstallation payment. Frost National Bank Member: Cullen/Fros~ Bankers. A Family of Texas Banks May 17, 2000 Central Power & Light Company Standard Performance Contract Program Re: City of Copus Christi Street Services Department To Whom It May Concern: Please allow this letter to serve as notification that The Frost National Bank will guarantee payment of up to $17,910.00 on behalf of the City of Corpus Chdsti to participate in the Standard Performance Contract Program. The guarantee will be valid for a pedod not to exceed six months after execution of the SPC agreement. Please feel free to call me directly at (361) 844~1233 should you have any questions. Any courtesy you may extend to our customer will be very much appreciated. Sincerely, Shelby Garmon Commercial Loan Officer 129 CITY COUNCIL AGENDA MEMORANDUM June 9, 2000 AGENDA ITEM: AN ORDINANCE AMENDING THE CITY CODE OF ORDINANCES, CITY OF CORPUS CHRISTI CHAPTER 55, UTILITIES, REGARDING COMPRESSED NATURAL GAS RATES; PROVIDING FOR SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. ISSUE: The City of Corpus Christi Gas Department has worked to identify new markets for natural gas sales and thereby enhance its revenue position. The sale of compressed natural gas (CNG) to operate fleet vehicles is a developing market. The sale of CNG requires the adoption of rate ordinance. BACKGROUND: The City of Corpus Christi Gas Department has never had a CNG rate structure. Implementation of a CNG rate structure will provide a new source of revenue for the City. Future demand for CNG in Corpus Christi is increasing. The United States Postal Service has requested the Gas Department to provide CNG service to their local fleet of delivery vehicles. Additionally, the Texas Department of Transportation has expressed an interest in CNG service, as have other parties. CNG offers environmental benefits that may attract fleet owners to convert vehicles to natural gas, or to purchase new vehicles that run on natural gas. Fleets that use CNG vehicles include buses, taxis, post office vehicles, shuttles, and government fleets. CNG vehicles have higher capital costs than conventional gasoline vehicles; so fleet managers may be interested in operating savings that offset higher up-front costs. Some operating savings will occur because of reduced maintenance needs. Another potential savings is in fuel costs. The Gas Department will implement both Wholesale and Retail rate structures. Wholesale rate structure (10 or more vehicles) will allow fueling at a slightly lower gasoline gallon equivalent rate*. The Retail rate structure will be at a slightly higher rate. The following tables give detail to the structures. "A Fleet is defined by The Department of Energy as 10 ~r more vehicles. 130 Schedule CNG Compressed Natural Gas Service for Vehicle Fuel Wholesale (more than 10 vehicles) Service Component Current Price Current Price S/Gasoline $/MCF Gallon Equivalent Compression Charge $0,92 $0,11 Distribution Charge $1.00 $0.12 Commodity Charge $3.04 $0.36 Federal Tax $0.49 $0.06 State Tax $1.23 $0.15 Total Charge $6.68 $ .80 Schedule CNG Compressed Natural Gas Service for Vehicle Fuel Retail Seevice Component Current Price Current Price S/Gasoline $/MCF Gallon Equivalent Compression Charge $0.92 $0.11 Distribution Charge $1.38 $0,17 Commodity Charge $3.04 $0.36 Federal Tax $0.49 $0.06 State Tax $1.23 $0.15 Total Charge $7.06 $ .85 Current price will be reset periodically to reflect cha~ges in purchased gas costs. Other elements of the current price, such as the distribution charge, which is included in the cost of service, may be reset from tim to time. Customers must use card keys provided by the Gas Department to obtain service. Customers must follow Gas Department instructions and requirements regarding safe dispensing of compressed natural gas, including any required training for dispensing fuel. Customers must have vehicles properly fitted for compressed natural gas as a fuel. PROJECT HISTORY: . City Council, on 4/25/00, approved the purchase and installation of the MegaTronics metering system for a cost of $27,392.85, which will allow the Gas Department to sell CNG by gasoline gallon equivalents (GGE). · The City of Corpus Christi Gas Department retained Resource Management International/Navigant Consulting, Inc. (Navigant Consulting) to develop a rate for compressed natural gas (CNG) fueling services at a fee of $9,300.00. 131 IMPLEMENTATION SCHEDULE: Implementation should begin immediately. The United States Postal Service shall begin construction on the site adjacent to the Gas Depaf b~ent with in the next two months. The MegaTronics metedng system should ardve within the next month. ADDITIONAL SUPPORT MATERIAL Ordinance/Resolution 132 AN ORDINANCE AMENDING THE CITY CODE OF ORDINANCES, CITY OF CORPUS CHRISTI CHAPTER 55, UTILITIES, REGARDING COMPRESSED NATURAL GAS RATES; PROVIDING FOR SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 55 of the Code of Ordinances is amended by adding new section 55-64 to read as follows: Sec. 55-64 Classification of customers and compressed natural gas rates. (a) Compressed natural ~'as rates. (D The city gas superintendent shall prepare the rates for the sale of compressed namra! gas. The rates shall be based on the sum of: a. The compression charge, b_. The distribution charge, c_. The commodiW charge, d_. Federal tax, and e. State tax .(3) These rates shall be submitted to the city mana~,er for approval. (4~ The aDDroved rates shall be filed with the city secretary and copies shall be provided to the city council. (b) Retail and consumer rates. The rate categories at which compressed natural gas shall be set are as follows: (1) Wholesale. Consumers who own or operate a fleet of more than ten vehicles may purchase compressed natural gas at a reduced wholesale rate. 133 (2~ Retail. All other consumers may purchase compressed natural gas at the retail rate. (c~ Periodic rate gas ad/ustment. The City Gas Superintendent shall adjust the rates on a periodic basis by: Adjustin~ the compression charge based on the City's cost to comoress the natural gas for sale over the previous six month period. Adjusting the distribution charge based on the City's cost to distribute natural gas for sale over the previous six month period. Adjusting the commodity char~,e based on the purchased ~,as adiustment as provided in section 55-61 (e) . The City Gas Superintendent shall file copies of the adjusted rates with the City Secretary. Copies of the adjusted rates shall be provided to the City Manager and the City Council. Effective date of rates. Compressed natural gas rates shall become effective ten days after the rates are filed with the City Secretary. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or tinconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full fome and effect for its purpose. SECTION 3. Section 1 of this ordinance is effective upon final adoption by the City Council. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 134 CITY COUNCIL AGENDA MEMORANDUM June 9,2000 AGENDA ITEM: AMENDING THE CITY CODE OF ODINANCES, CITY OF CORPUS CHRISTI CHAPTER 55, UTILITES, REGARDING THE ESTABLISMENT OF A BUILDER'S INCENTIVE PROGRAM TO PROMOTE THE INSTALLATION OF NATURAL GAS POWERED EQUIPMENT THROUGHOUT THE CITY; PROVIDING FOR SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. ISSUE: The City of Corpus Christi Gas Department actively markets the use of natural gas as a fuel source for residential and commercial use. In order to compete with electricity marketing programs, the Gas Department is recommending the establishment of Builder~s Incentive Program to promote the use of natural gas powered equipment. The establishment of such a program requires adoption by ordinance. BACKGROUND: The City of Corpus Christi Gas Department initiated a Gas Marketing Program on February 5, 1985. This included rebates that were paid to potential and existing natural gas customers. The original rebate structure consisted of: 1985 Water Heater $125.00 Furnace $125.00 Clothes Dryer $ 25.00 Stove((~ook top Rapge $ 25.00 In 1990, the rebates were adjusted to reflect an increase of $75.00 each to the water heater and furnace, as shown below: 1990 Water Heater $200.00 Furnace $200.00 Clothes Dryer $ 25.00 Stove/Cooktop Range $ 25.00 136 The proposed rebate numbers are based on a payout of two years or less. Since, the cost of service has increase by 6% for the last five years justifying the proposed increase of the water heater of $100.00 and the clothes dryer and cook top range of $25.00. The furnace rebate due to the limited annual usage will remain the sam. In addition, a rebate will be included for a gaslight. The proposed rebate structure will consist of: 2000 Appliance Amount of Rebate Water Heater $300.00 Furnace $200.00 Clothes Dryer $ 50.00 Stove/Cook top Range $ 50.00 Gas Light $ 50.00 Amount $650.00 In order to attract single-family "spec." homebuilders, a new rebate program was generated in which a $500.00 rebate will be issued to the builder for a water heater, subject to the builder accepting a gaslight. The City of Corpus Christi, Gas Department, free of charge and inclusive of all parts and labor, will install this light. The home must be plumbed for a minimum of three gas openings, one of which will be a water heater. For the first time, the City of Corpus Chdsti will issue a $400.00 rebate in the form of fuel credits for compressed natural gas vehicles. CNG offers environmental benef'~s that may attract fleet owners to convert vehicles to natural gas or to purchase new vehicles that run on natural gas. CNG vehicles have higher capital costs than conventional gasoline vehicles, so fleet managers may be interested in operating savings that offset higher up~ front costs. IMPLEMENTATION SCHEDULE: Implementation should bogin immediately. The United States Postel Service will have trucks fueling on CNG within the next four months. Also, a unit of 29 "spec." homes is scheduled to start construction by the end of June 2000. Deborah A. Marro~ Gas Superintendent ADDITIONAL SUPPORT MATERIAL Support letter from Navigant Consulting Ordinance/Resolution 137 Navigant 1V[EMORANDUM FROM: RE: Date: Proposed Builder's Incentive Program 11 May2000 Summary As you requested, Navigant Consulting, Inc. (NCI0 reviewed the Builder's Incentive Program currently being developed by CCGD for implementation in the near term. We believe the program as proposed is an effective mechanism to attract increased market share for CCGD; the rebate levels appear to be appropriate and within an acceptable payback range. The program is consistent with the consulting work we have done for CCGD in assessing gas load improvement opportunities. We recommend prompt implementation. Discussion CCGD has identified an opportunity to influence the energy choice in new residential construction in Corpus Christi. When dealing with the issue of gas or electric energy choice, the most effective approach is to target the builders, developers and equipment providers who make construction decisions and are "upstream" of the individual who ultimately pumhases the home to live in. A decision to plumb a new home for natural gas appliances, for example, means that the residence likely will represent a CCGD customer throughout its life, possibly 30 years or beyond. The lifetime value of a CCGD customer represents thousands of dollars of revenue for CCGD. An investment by CCGD of a few hundred dollars to insure the presence of gas appliances in a new home provides a ve~ favorable investment return to the City of Corpus Christi. The program proposed by CCGD targets two end uses: outdoor gas lighting and water heating. CCGD plans to install the gas lights at no charge to the developers and to provide a $500 rebate to the developer to cover the additional (incremental) cost of plumbing to provide natural gas to the water heater. Under current gas rates, a conservative payback calculation is 3.25 years. Within the utility industry, average paybacks for rebams and incentives typically are in the 3-5 year range, but may be as long 'S:D,G LECG Rldi mm METZLEa Proposed Builder's Incentive Program May 11, 2000 Page 2 as 10 years for certain high value, long-term customers. Given the importance of capturing market share during the available single window of opportunity in new construction, i.e., before construction has proceeded too far to make significant structural changes, NCI recommends prompt implementation of the proposed Builder's Incentive Program. In developing the proposed new program, CCGD also is reviewing its existing Appliance Rebates and is recognizing that the payment amounts need updating because of changing market conditions. We concur that it is appropriate and important to review and review incentives to insure that they are having the desired market effect. 139 AN ORDINANCE AMENDING THE CITY CODE OF ORDINANCES, CITY OF CORPUS CHRISTI CHAPTER 55, UTILITIES, REGARDING THE ESTABLISHMENT OF A BUILDER'S INCENTIVE PROGRAM TO PROMOTE THE INSTALLATION OF NATURAL GAS POWERED EQUIPMENT THROUGHOUT THE CITY; PROVIDING FOR SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 55 efthe Code of Ordinances is amended by adding new section 55-65 to read as follows: Sec. 55-65 Builder's incentive program (a) The City Gas Superintendent is authorized to establish a builder's incentive proffram to promote the installation of natural ~,as powered ec~uivment throughout the City. The City Gas Superintendent is authorized under this program to make payments in the form &cash, fuel credits, or equipment to builders, developers, property owners, and equipment providers who install ~as pipinc, and certain natural gas powered eouivment. (b) TheCityGasSunerintendentsha~re~arearebateschedu~ef~rthebui~der~sincentivepr~gram. The rebate schedule shall be submitted to the City Manager for approval. The approved rebate schedule shall be filed with the City Secretary and copies shall be provided to the City Council. The rebate schedule shall be reviewed on an annual basis and may be adiusted at anv time. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Section 1 of this ordinance is effective upon final adoption by the City Council. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 140 CITY COUNCIL AGENDA MEMORANDUM June 9, 2000 AGENDA ITEMS: (a) Ordinance authorizing the City Manager, or designee, to execute a lease with a term of up to eleven months with Austin Express, Inc., for ticket counter space, office space, gate space, aircraft parking apron space, and joint use of the baggage claim space and other common areas at Corpus Christi International Airport in consideration of payment of fees that total approximately $4.59 per enplaned passenger and that are adjusted annually based on a fixed formula; and declaring an emergency (b) First Reading Ordinance authorizing the City Manager, or designee, to execute approximately an eighteen month lease ending December 31, 2001 with Austin Express, Inc., for ticket counter space, office space, gate space, aircraft parking apron space, and joint use of the baggage claim space and other common areas at Corpus Christi International Airport in consideration of payment of fees that total approximately $4.59 per enplaned passenger and that are adjusted annually based on a fixed formula; ISSUE: Direct air flights from Corpus Chdsti to Austin, Tx are considered a vital service to business and government sectors. Austin Express, Inc. is proposing to initiate this service on July 5"~ and therefore requires a lease agreement to begin operations. A short term agreement is required to allow immediate set-up operations. The longer term lease will become effective after 90 day delay required by City Charter. REQUIRED COUNCIL ACTION: Council must approve lease agreements. RECOMMENDATION: Staff recommends approval of the short and long term lease agreements as submitted FUNDING: No funding required to support this action. Bonnie A. Allin, Director of Aviation ADDITIONAL SUPPORT MATERIAL Background Information Contract Summary Ordinance/Resolution 142 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Austin Express, Inc., a commuter aidine based in Austin, has requested to lease space at the airport to operate scheduled non-stop service between Corpus Chdsti and Austin beginning July 5, with four round tdp flights daily, Monday through Fdday. Austin Express is a new aidine started by the former management team of Conquest Airlines. Austin Express is FAA certified and has successfully serviced the Austin - Tyler route forthe past two years. Controlling interest in the company was recently purchased by Larry Risley, founder of Mesa Air Group, now a major prorider of regional jet and commuter service as both Mesa Aidines and Amedca West Express. Austin Express has provided the proof of insurance in the categories and amounts prescribed by Risk Management, and the financial information required for aidines operating at the Airport. CONTRACT SUMMARY: TERM: Expires upon effective date of long term Lease Agreement. FINANCIAL: Rates & Charges Rates Terminal Sq. Ft. Rental Landing Fee Current Annual $37.24/year for 264 sq. ft. $1.12 per 1000 Ibs. GLW* City Controlled Commercial Apron Parking and Passenger Holdroom $2.25/passenger 143 ---- Security/Law Enforcement Response Shared expense Between aidines Due to contractual and accounting method differences at airports, it is very difficult to compare rates and charges of other airports with those at Corpus Christi International Airport. The best common denominator is the amount paid 'by the aidines per enplaned passenger. The amount paid by the airtines per enpianed passenger in 1999 was $ 4.59, which places Corpus Chdsti International Airport in the lower cost range of airports. The estimated national average fee is $ 8.00 per enplaned passenger. The Agreement includes a Majority-In-Interest (51%) clause which allows the Aidines to vote on any Capital Improvement which will affect the Aidines rates and charges by 10% or more in a fiscal year. This is a standard form of insurance to the Aidines that the rates will not be altered signfficantly without their input. INSURANCE: Not less than $10,000,000.00 per occurrence. City named additional insured. MAINTENANCE UTILITIES: The City is required to provide the normal utility services to the leased areas, including water, sewer, HVAC services, computer conduit, and provide boiler heat. The City is responsible forthe maintenance of the airfield and land side, the building structure, public areas and primary equipment and se.',~ices. The airtines are responsible for the maintenance and cleaning of their leased space. * GLW = Gross Landed Weight 144 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A LEASE WITH A TERM OF UP TO ELEVEN MONTHS WITH AUSTIN EXPRESS, INC FOR TICKET COUNTER SPACE, OFFICE SPACE, GATE SPACE, AIRCRAFT PARKING APRON SPACE, AND JOINT USE OF THE BAGGAGE CLAIM SPACE AND OTHER COMMON AREAS AT CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF FEES THAT TOTAL APPROXIMATELY $4.59 PER ENPLANED PASSENGER AND THAT ARE ADJUSTED ANNUALLY BASED ON A FIXED FORMULA; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is hereby authorized to execute a lease with a term of up to eleven months with Austin Express, Inc for ticket counter space, office space, gate space, aircraft parking apron space, and join*, use of the baggage claim space and other common areas at Corpus Christi International Airport in consideration of payment of fees that total approximately $4.59 per enplaned passenger and that are adjusted annuaily based on a fixed formula. SECTION 2. The lease is to begin on the effective date City Council approves this ordinance and will end on the earlier of the effective date of a lease with a term of approximately eighteen months covering the same subject matter, terms and conditions as this lease or the eleven month anniversary of the effective date of this lease. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council ( 1 ) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 13th day of June, 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal form approved ,2000; James R. Bray, Jr., City Attorney By: Bryn Meredith. Assistant City Attorney H:I&EG-DIR~VERONICA/BRY~Ordinances~.USTINST ORD AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE APPROXIMATELY AN EIGI-tTEEN MONTH LEASE ENDING DECEMBER 31, 2001 WITH AUSTIN EXPRESS, INC., FOR TICKET COUNTER SPACE, OFFICE SPACE, GATE SPACE, AIRCRAFT PARKING APRON SPACE, AND JOINT USE OF THE BAGGAGE CLAIM SPACE AND OTHER COMMON AREAS AT CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF FEES THAT TOTAL APPROXIMATELY $4.59 PER ENPLANED PASSENGER AND THAT ARE ADJUSTED ANNUALLY BASED ON A FIXED FORMULA; PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City. Manager, or his designee, is hereby authorized to execute approximately an eighteen month lease terminating December 31, 2001 with Austin Express, Inc., for ticket coHnter space, office space, gate space, aircraft parking apron space, and joint use of the baggage claim space and other common areas at Corpus Chri sti International Airport in consideration of payment of fees that total approximately $4.59 per enplaned passenger and that are adjusted annually based on a fixed formula. 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. H:\LEG-DIR~VERONICA~BRYN~Ordinances~USTrNLT ORD ]46 AGENDA MEMORANDUM June 6, 2000 SUBJECT: Corpus Chdsti International Airport Terminal Reconstruction AGENDA ITEM: la. Resolution authorizing City Manager, or designee, to accept the Federal Aviation Administration multi-year grant number AlP 3-48-0051-28-00 (estimated total $6,449,476) to modify the terminal building. 1 b. Ordinance appropriating $3,215,524 from Federal Aviation Administration Grant No. 3-48-0051-28-00 in the No. 3020 Airport Capital Improvement Fund to modify the terminal building; and declaring an emergency. ISSUES: 1. The Federal Aviation Administration (FAA) issued a multi-year (FY 1999, 2000, 2001, 2002) grant offer to the City on Tuesday, May 30, 2000 for entitlement funding, as authorized by Title 49 United States Code, under the Airport Improvement Program to fund the terminal reconstruction program. The FAA Grant offer must be accepted within 30 days or the offer is no longer valid. Accepting and appropriating the grant is needed to award future construction contracts and will assist with the upcoming General Airport Revenue Bond (GARB) sale. The specific project included in the multi-year grant offer and special conditions thereto follow: Terminal: Due to the special circumstances of the Terminal program, FAA's grant offer for entitlement funds totaling $6,449,476 is authorized to be spent on planning, design, and reconstruction activities of the Terminal Building. The offer includes Congressional appropriations of entitlement funds for FY 1999 and 2000 ($3,215,524) and an estimate of FY 2001 and 2002 (estimated to be $3,233,952). Amendments to the grant will be offered for FY 2001 and 2002 based upon Congressional appropriations. RECOMMENDATION: Approval of the Resolution and Ordinance as presented. Bonnie Allin, A.A.E. Director of Aviation ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Prior Council Actions 148 BACKGROUND INFORMATION BACKGROUND: With the recent reauthorization of the four-year Airport Improvement Program (ALP) spending bill, the Federal Aviation Administration (FAA) is proceeding with offering Grant funding to airports for Fiscal Year 2000. The Aviation Department has previously requested a multi-year AlP Grant to assist with the funding for the new Terminal Building (FY99-2002). As the AlP bill is authorized until 2003, the FAA will amend the grant to the appropriated level. The FAA offered the Multi-year AlP Grant on Tuesday, May 30, 2000. The City must take action to accept the Federal funding within 30 days or the grant offer expires. The grant is an integral part of the Council approved financial plan. A General Airport Revenue Bond sale (GARB) backed by Passenger Facility Charge (PFC) revenues for eligible and airport generated revenues for the ineligible portions of the project is expected to be needed at the end of July in order to award the construction projects. The GARB documents will be completed toward the end of June, with an anticipated Council action requested on the GARB sale at the end of July or August 2000. In addition, the Aviation Department was notified by the FAA on April 19,2000, that the FAA is preparing to offer a discretionary grant (AlP No. 3-48-0051-29-00) for a replacement Aircraft Rescue Firefighting (ARFF) vehicle, once bids have been received. $504,000 in FAA FY 2000 Discretionary Funds is the anticipated amount needed to replace an existing ARFF vehicle with a new 1500-gallon ARFF vehicle with a high reach extendible turret and penetrating nozzle. The ARFF vehicle being replaced has become mechanically unreliable and expensive to maintain. This replacement vehicle is necessary for CCIA to maintain its FAA mandated Index for Aircraft Rescue and Firefighting response capability. CCIA ARFF vehicle specifications have been reviewed by the FAA, and the City will soon advertise for bids. ADDITIONAL FUNDING INFORMATION: The Multi-year AlP Grant will offer the estimated amount of entitlement monies through FY 2002. However, at this time the FAA will only authorize expenditures of the FY99 and FY2000 appropriations, totaling $3,215,524. Congress must appropriate AlP Funding for FY 2001 and FY 2002 prior to their authorizing our expenditures. The House of Representatives has passed the FY 2001 AlP appropriations bill with the fully authorized grant funding of $3.2 billion, the Senate is expected to take action in the very near future. CCIA's anticipated AlP Entitlement Funds are an estimated $3 million for each year. However, for our Multi-year AlP Grant, FAA is using the amount authorized for FY 1999 ($1,616,976) for these two years pending Congressional approvals. The FAA will amend CCIA's Multi-year AIP Grant as each future year AlP Entitlement monies are appropriated. EXHIBIT A Page I of 2 \%AIRPORT01\SYS\USERS\PROJECTS%Agenda Memos\CitylC4~Jncil~X*X-00-AiP28-terminal-resolution~AIP28bkgd,doc Also, the $504,000 in FAA FY 2000 Discretionary Funds is based on an estimated cost for the replacement ARFF vehicle. The actual amount of the Discretionary Grant offer, not to exceed $504,000, will be based upon the bids received. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Council has taken numerous actions associated with this project. The more significant are attached. See Exhibit B. FUTURE COUNCIL ACTIONS: 1. Approval of the General Airport Revenue Bond (GARB) sale. 2. Approval of testing, construction and other contracts to complete the construction of the terminal apron and new terminal building projects. 3. Resolution to accept discretionary grant for ARFF vehicle replacement. 4. Approval of purchase contract for an ARFF vehicle. 5. Resolution to accept grant amendments for the FY 2001 and 2002 appropriations. IMPLEMENTATION SCHEDULE: Construction documents for the entire terminal reconstruction project will be let for bid in June 2000. Current scheduling indicates that contract award may occur in late July or August 2000. BOARD/COMMITTEE REVIEW: The resolution to accept the grant offer was reviewed and is recommended by the Airport Board. Page 2 of 2 \~AIRPORT01%SYS\USERS\PROJECTS~Agenda Memos%CityIG~ncil~.X,X,00,Aip28,terrninal_resolution~Aip28bkgd.doc 10. PRIOR COUNCIL ACTIONS July 17, 1998 - Resolution accepting the FAA grant number 3-48-0051-25-98 for Terminal Building Improvements, Access Control Security System Replacement, and Commercial Apron Rehabilitation. August 25, 1998 - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for CCIA including the terminal reconstruction program. (Res. 023426) March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCiA. (M99-089) April 20. 1999 - Motion to authorize City Manager to execute a contract for architectural/engineering services with M. Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CCIA Terminal Building. (M99-105) April 20, 1999 - Motion to authorize City Manager to execute Amendment No. 4 to the program management services contract with DMJM Aviation (formerly Day & Zimmermann) in the amount of $1,158,288.50 for the CCIA Terminal Building and associated CIP projects. (M99-106) July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No. 1, Terminal Building Reconstruction. December 21, 1999 - Approval of the Terminal Design Concept as presented by the Gensler Team. January 25, 2000 - Motion to authorize City Manager to execute Amendment No. 1 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed-circuit television (CC'I'V) system for the Terminal Reconstruction project. (M2000-027) February 23, 2000 - Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M2000-66) May 23, 2000 - Motion to authorize City Manager to execute Amendment No. 2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the Terminal Apron Construction, Terminal Reconstruction, and Lift Station Relocation projects. (M2000-153) 151 F:\USERS\PROJECTS%Agenda Memos\City Council~X-X-00-AIP28-terminal-resolution%AIP28exb.doc EXHIBIT B Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT THE FEDERAL AVIATION ADMINISTRATION MULTI-YEAR GRANT NUMBER 3-48-0051-28-00 (ESTIMATED TOTAL $6,449,476) TO MODIFY THE TERMINAL BUILDING. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept the Federal Aviation Administration multi-year grant number 3-48-0051-28-00 (estimated total $6,449,476). ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Legal Form Approved on James R. Bray Jr., City Artomey Samuel L. Neal, Jr. Mayor, The City Of Corpus Christi 2000: By: Bryn Meredith Assistant City Attorney H:\LEG-DIR\VERONICA\BRYNNOrdinances\FAAres.x~pd 152 ORDINANCE APPROPRIATING $3,215,524 FROM FEDERAL AVIATION ADMINISTRATION GRANT NO. 3-48-0051-28-00 IN THE NO. 3020 AIRPORT CAPITAL IMPROVEMENT FUND TO MODIFY THE TERMINAL BUILDING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $3,215,524 from Federal Aviation Administration multi-year grant number 3-48-0051-28-00 is appropriated in the No. 3020 Airport Capital Improvement Fund to modify the terminal building. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the__ day of ,2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neat, Jr., Mayor LEGAL FORM APPROVED .-,--~/,--~ '~ ,2000; JAMES R. BRAY. JR., CITY ATTORNEY By: Lisa A~iar, As"~s'J~mt'mt';ity Attorney 153 AGENDA MEMORANDUM June 13, 2000 AGENDA ITEM: a. Ordinance Amending the Code of Ordinances, City of Corpus Christi, Chapter 1, General Provisions, Chapter 12, Boats, Bays and Waterways, Chapter 21, Garbage, Trash, and Other Refuse, Chapter 49, Streets and Sidewalks, Regarding Solid Waste Services, The Disposal of Garbage, Trash, and Other Refuse, and The Control of Litter; b. Ordinance Amending Section 21~40 of the Code of Ordinances, City of Corpus Christi, Regarding Charges for Solid Waste Collection Services. ISSUE: This item is part of the 1999 City Council's Priority Issues Action Plan for Improvement in Delivery of Basic Services - Trash, Brush, and Debris. The proposed Ordinance has substantive changes to the Solid Waste Department's collection and disposal services, the type of items and set out periods residents can place materials for collection, and the prohibition and prosecution of illegal dumping that are deemed necessary to accomplish the Council's priority issue. REOUIRED COUNCIL ACTION: Approval of the Ordinance. PRIOR COUNCIL ACTION: * Discussion as a Council Priority Issue Item * Draf~ Ordinance sent to Council for Review and Comment, November 1999. * Draft Ordinance sent to Council for Review and Comment, January 2000. FUTURE COUNCIL ACTION: Approval of the Second Reading of the Ordinance. RECOMMENDATION: Staff recommends approval of the Ordinance as submitted. ADDITIONAL SUPPORT MATERIAL Background Information Agreement Summary Ordinance/Resolution Map(s) 154 AGENDA MEMORANDUM ' ADDITIONAL BACKGROUND INFORMATION The proposed Ordinance makes substantial changes to the Solid Waste Department collection and disposal services. The goal and objective of these changes is to: 1. Support a Clean City and Neighborhoods. 2. Operate Effective and Efficient Solid Waste Programs. 3. Maximize a Positive Environmental Impact. We believe the proposed ordinance provides the support and controls necessary to help meet the stated goals and objectives. The following provides a summary of the proposed changes from the existing ordinance and lists the proposed services and service frequency. Changes to The Solid Waste Ordinance. ' Reorganized and made numerous non-substantive editorial changes Added and revised some definitions. Ensured compatibility with applicable Federal and State laws relating to transportation and disposal of solid wastes and hazardous wastes. Provided statutory basis in the ordinance for the City's recycling program, heavy brush collection program, buy-back program, and automation pilot project. Establishes times for setting out wastes. Heavy brush can only be set out during times that are published. There will be a change from the notices in the newspaper, which currently show where brush will be collected. New notices will show areas of town where brush can be set out that period. Yardwaste can be set out starting on the Saturday before the next scheduled collection. Recyclables must be set out by 7:30 am on the designated collection day. Regular garbage must be set out by 7:30 am on the designated collection day, but not earlier "~' than 5:00 am, unless in a closed container with lid that will not open when tipped over. 155 Establishes limitation on the location for setting out heavy brush. Prohibits the placement of heavy brush, clean woodwaste, and bulky items on a side yard of a residence if side yard adjoins an arterial or collector street. Establishes a scheduled heavy brush and woodwaste collection only program. Allows clean woodwaste such as lumber to be set out with heavy brush. No other wastes can be placed out for collection or cornmingled with the brush and woodwaste in a year round service. Establishes a schedule for bulky item collection only program. Non-grindable materials and metal items must be segregated when set out in a tw/ce a year collection service. Establishes a non-scheduled brush, woodwaste, and bulky item collection service for a fee not to exceed $200 per load. Increased the maximum size of refuse container that can be set out from 30 gallon to 45 gallon, not withstanding automation pilot project routes. Added limitations on weight filled containers and size of yardwaste piles to reflect limitation of equipment and worker safety measures. Refuse containers shall not be filled more than fifty (50) pounds and contents must not protrude above the top of the container. Plastic bags shall not be filled more than thirty (30) pounds. Yardwaste piles set out for collection shall not be greater than 2~ It. high, 5 It. long, and 4 wide. Expanded litter control measures from "drive-in restaurants" to all commercial establishments, such as convenience stores, fast food restaurants, etc. Added rebuttable presumptions to measures relating to illegal dumping. Assumes owner of vehicle was the person who illegally dumped materials from the vehicle. Assumes person whose name is on items illegally dumped, dumped the items. Provides for a "No Charge" residential disposal of construction materials on a regular schedule - first Saturday of each month. Provides for certain optional or requested services fees, and surcharges to be paid or applied to the customer's utility bill. Increased residential collection fees ($0.09/month) to offset costs of enhanced disposal program. Increases the additional brush load collection fee from $32 to $48 per load. Provided for penalties of up to $2,000 per day per violation of the ordinance. 156 Provides increase in fees for reinstatement of overdue accounts, from $1.00 to $10.00 to reinstate account, and from $10 to $50 to remove any accumulated waste from premises. Adds surcharges for: Illegally set out tires, five ($5) per tire. Setting out debris with heavy brush, ten ($10) per item. Adds provision giving Director of Solid Waste Services ability to waive disposal fees for community cleanups and illegal dumping cleanups. Adds provisions spelling out authority of "Code Enforcement Officials." 157 µ Solid Waste Services Department Proposed Residential Customer Services and Schedule Service Frequency Description Garbage Collection Twice a week Curbside or backdoor collection of refuse. No other materials shall be collected. Yardwaste Collection Every other week Every other Wednesday collection (except for Holiday weeks) of grass clippings, weeds, leaves, small tree limbs 3" or less in diameter. Only yardwaste materials can be set out and will be collected. No other materials shall be commingled with the ardwaste. Curbside Recycling Collection Every other week Residential curbside collection of recyclable materials including glass, plastic (1 & 2), newsprint, mixed paper, cardboard, tin, & aluminum. Recycling Drop -Off Collection Ongoing - daily operation Residential and Multifamily facility drop off collection of recyclable materials including those previously mentioned items and corrugate cardboard. Heavy Brush and Clean Woodwaste Dec - March. - Monthly Collection of heavy brush and clean woodwaste. No other Collection April - Nov. - 1 % Months materials shall be commingled with the heavy brush and woodwaste. Only heavy brush and woodwaste can be set out for Equipment availability collection. Other materials set out may be collected at the assumption: 50% loaders, specified additional fee or surcharge. 80% trucks. Bulky Item Collection Twice a year - April & Collection of bulky items such as couches, mattresses, other October furniture, large household appliances, etc. Does not include construction materials. Materials must be segregated into two separate piles - non-grindable materials and metal material items Service Frequency Description Non-Scheduled Brush, woodwaste, Within 24 hours from Collection of items at request of customer, or materials set out at debris, and bulky item collection customer call. a non-scheduled time, or items that are traffic, safety, or health hazard, shall be charged at the appropriate rate not to exceed $200 perload. Household Hazardous Waste Program Quarterly - (4X/yr) Residential collection of household hazardous waste items, including chemicals, lead acid batteries, paints, & tires. No charge to Corpus Christi residents. Litter Critter Program Ongoing - based on Residential neighborhood cleanup program. Provides a brush availability of trucks. Waiting truck to neighborhood cleanup groups, free of charge, over night list available or weekends. Groups must apply at the SWS office. Material restrictions apply to items placed in the truck. Cash for Trash Program Every other Month - (6X/yr) Public cleanup program. Pays for certain bulky items when delivered to the landfill for disposal/recycling. Residential Free Disposal Day - Monthly - i" Saturday of the Corpus Christi residential free disposal of construction materials Construction Materials Month otherwise charged for. Items include: roofing, remodeling, flooring materials and other similar materials. Residential Free Disposal - Daily during Landfill Corpus Christi residential free disposal of refuse, brush, operating hours. vardwaste, and bulky items, except for construction materials. AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 1, GENERAL PROVISIONS, CHAPTER 12, BOATS, BAYS AND WATERWAYS, CHAPTER 21, GARBAGE, TRASH, AND OTHER REFUSE, CHAPTER 49, STREETS AND SIDEWALKS, REGARDING SOLID WASTE SERVICES, THE DISPOSAL OF GARBAGE, TRASH AND OTHER REFUSE, AND THE CONTROL OF LITTER, INCLUDING INCREASES IN FEES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City's ordinances relating to the disposal of solid wastes and the control of litter were last revised in 1974 and 1989, changes in the ordinances are needed to reflect the current level of services and policies of the Solid Waste Services Department and to further the City's efforts to meet the latest mandates relating to the handling and disposal of solid waste by the Environmental Protection Agency and Texas Natural Resource Conservation Commission. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 21, Garbage, Trash, and Other Refuse, of the Code of Ordinances, City of Corpus Christi, is revised to read as follows: Chapter 21 GARBAGE, TRASH AND OTHER REFUSE Art. I. In General, §§ 21-1 -- 21-9 Art. II. Collection Services, §§ 21-10 -- 21-29 Art. III. Disposal Services, §§ 21-30 -- 21-39 Art. IV. Resource Recovery Fee Schedules, §§ 21-40 -- 21-49 Art. V. Business or Commercial Establishments, §§ 21-50 -- 21-59 Art. VI. Regulation of Fill Materials, §§ 21-60 -- 21-69 Art. VII. Control of Refuse, §§ 21-70 ~ 21-79 Art. VIII. Solid Waste Permits, §§ 21-80 -- 21-99 Art. IX. Large Item Buy Back Program, §§ 21-100 -- 21-101 R63302AR,wpd 160 ARTICLE I. IN GENERAL Sec. 21-1. Definitions. As used in this chapter, the following terms mean: Act:. The Solid Waste Disposal Act, as amended, 42 U.S.C. 6901 et seq. Bulky items: The following !~rg~ items that have been specifically authorized for collection of specified days under Section of this ordinance: indoor and outdoor furniture. mattresses and box springs, carpet. swina sets, plastic swimming pgols, !aEge toys, bicycles. fish aauariums, and larae household appliances. CERCLA: The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq. Clean dimensional lumber wood waste: individual piece_s_ of wood of the type normally sold by lumber yards and home improvement centers that is free of na:,'.s hardware and other larqe fasteners, such as hinges. hurricane straps, latches. etc.. has not been p~inted, or and is not attached to concrete. wallboard, roofing materials, or other construction materials. Collection services: The service of collecting solid waste and transporting it to a point of final disposition. Construction/demolition materials: Waste resulting from construction or demolition projects, including brick, concrete, concrete rubble, gypsum board, lumber, sheetrock, roofing materials, fixtures (such as bath tubs, shower stalls, sinks, and toilets), and remodeling debris (such as cabinets, ceramic tile, Formica, and similar items). Conventional refuse receptacle: A conventional refuse receptacle is a container constructed of some substantial leakproof material (galvanized metal, aluminum, plastic, or rubberized vinyl). of the type commonly sold in retail establishments, with a tight-fitting lid or cover with handles sufficiently strong for-to be safely handled by a collector. Current utility bill: A current utility bill is a bill issued by the City's Utility Business Office that includes a charge for curbside collection of garbage, which th&t was issued within 60 days of the date on which a service is sought. Customer. A person who receives collection services from Solid Waste Services. Debds: Large waste materials, such as indoor and outdoor furniture, i~attresses and box springs, carpet, swing sets, plastic swin%n~ing pools, toys. bicycles, fish aquariurns, large household appliances, construction/demolition materials, and similar materials 2 R63302AR.wpd 161 ---- 3 found in residential household, but does not include ashes, roofing materials, dirt, automobile frames, tires, or other bulky heavy materials. Director The Director of Solid Waste Services of the City of Corpus Christi, or a designated representative of the Director. Disposal services: The service of disposing of solid waste at a municipal solid waste landfill site or other point of disposal. Garbage: Putrescible animal or vegetable matter, such as waste material and refuse usually associated with the preparation of food from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming houses, and boardinghouses. but does not include sewage, body waste, or industrial byproducts. Hazardous waste: Hazardous waste means solid waste identified and listed as a hazardous waste by the Administrator of the United States Environmental Protection Agency under the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.). Heavy brush: Tree and shrub limbs and trimmings, which are greater than 3 inches in diameter, tree trunks, root balls, and other large plant matter. Household appliance: General household appliance that will not fit into a refuse receptacle including: Non-metal appliance, such as a television set, stereo system, video cassette recorder (VCR), microwave oven, and other similar item constructed primarily of plastic or other non-metallic parts Metal appliance, such as a stove, cooking range, oven, dishwasher, washing machine, clothes dryer, refrigerator, window air conditioning unit, water heater, lawn mower or edger, and other similar items constructed primarily of metal parts. Household waste: Garbage, rubbish, yard waste, heavy brush, debris, and limited construction/demolition materials commonly generated by a residential household, which can be placed within a conventional refuse receptacle that weighs less than fifty (50) pounds. Litter. Any rubbish, paper, napkins, straws, cups or containers made of paper, plastic, Styrofoam7 Lor other similar material)=, bottles, glass. candy or gum wrappers, remnants of food, cans, or remnants or parts thereof, or any material of an unsanitary nature. Medical waste: Waste generated by a-health-care related facilities and associated health-care activities, including veterinary services, but not including garbage or rubbish generated from offices, kitchens, or other non-health-care activities. R63302AR.wpd 162 4 Rear doorpick-up: Collection service where solid waste is picked up in a location other than the designated standard collection point. Recyclable: A waste material, which has been designated by the Director for inclusion in the City's recycling program, that has a useful physical or chemical property after serving its original purpose that may be reused, sold as a commodity, or converted into another product. Refuse: A mixture of garbage, rubbish, and other waste that are normally placed in a receptacle for collection and disposal, but does not include yard waste, heavy brush, debris, or construction/demolition materials. Rubbish: Non-decayable solid waste, excluding ashes, that consist of combustible materials, such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and noncombustible matter, such as glass, crockery, metal cans, and similar materials that do not burn at ordinary incinerator temperatures. Solid waste: Garbage, rubbish, yard waste, heavy brush, debris, and construction/demolition materials. Tipping fee rate: The rate charged to a commercial vehicle disposing of solid waste at a City disposal site. - TNRCC: Texas Natural Resource Conservation Commission. Trash: A single item of rubbish, not otherwise defined as debris or construction/demolition material, but including a small household appliance; that will not fit into a conventional refuse receptacle. Yard waste: Grass clippings, weeds, leaves, mulch, small trees and shrub limbs, which are less than three (3) inches in diameter and less than five (5) feet in length, and other similar plant matter. Sec, 21-2. Conflicts with Other Laws, Nothing in this chapter is intended nor shall any part or portion hereof be construed so as to conflict with any applicable provisions of the Act, CERCLA, Texas Health and Safety Code, or Texas Water Code. Sec, 21-3, Penalties for violation of this chapter, (a) Any person that intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than two thousand dollars ($2,000.00) per violation per day. R63302AR.wpd 163 (b) Any person who intentionally, knowingly, recklessly, or with criminal negligence makes any false statements, representations, or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, under this chapter; or falsities or tampers with any name or permit number required to be displayed on a vehicle or container; or falsities, tampers with, or renders inaccurate any scale or measuring device or method required under this article shall, upon conviction, be punished by a fine of not more than two thousand dollars ($2,000.00) nor less than one thousand dollars ($1,000.00) per violation per day. (c) In the event of a second conviction for a violation under subsection (b) of this .section, a person shall be punished by a fine of not less than two thousand dollars ($2,000.00) per violation per day. Sec. 21-4. Mulch sales. (a) The director of solid waste services shall sell mulch from the citv's brush and yardwaste clrindincl proc~ram based on the followincl fee schedule: Up to 10 tons, per ton .... $10.00 Over 10 ton__s, per ton .... 9.00 ~b) The director of solid waste services shall allow residential customers to load for themselves. at no charcle, small cauantities of mulch. up to one pickup truck load. Secs. 21 o5 B 21-9. Reserved. ARTICLE II. COLLECTION SERVICES Sec. 21-10. Collection services available, unless properly refused. (a) The collection services of the Solid Waste Services Department shall be available to every residence, business, or commercial establishment or other occupied premises within the City of Corpus Christi. Collection services are provided only for waste generated at the premises for which the required fees are paid. (b) Except as otherwise provided by this section, all owners, occupants, lessees, or tenants of residential properties shall subscribe to the City's collection services and shall pay the applicable charges. (c) Any owner, occupant, tenant or lessee of a business or commercial establishment or residential properties containing more than two (2) family dwellings, who does not desire the collection services of the Department provided for in this article shall not receive the services and shall not be charged for such services upon wr~bteff-noti~cation to the Director of the Citv's Utility Business Office that: R63302AR.wpd 164 6 (1) The person does not want the services rendered to the premises; (2) The person intends to and will remove the accumulated solid waste at the premises; (3) The person will keep the premises in such condition that the person will not violate the applicable provisions of this Code and other ordinances; and (4) The person will not, after such notice, use directly or indirectly the collection services of the Department. (d) If any owner, occupant, tenant or lessee who files such notice fails to comply with these conditions, then the Director shall make the collection services of the Department available and the customer shall pay all applicable charges. (e) For purposes of this section, all premises required by this ordinance to subscribe to City collection services which were legally served by a private collection service on January 10, 1989, are exempt from the requirement to subscribe to collection services of the Department until such time as the private collection service ceases for the particular property served. (f) Nothing contained in this section prohibits the Department from serving such premises at the request of the residents. (g) All residential properties exempted by this section shall subscribe to collection services of the Department upon the termination of the private collection service. (h) Collection services of the Department are available to premises outside the City, if the owner of the premises has contractually agreed to annex the premises to the City of Corpus Christi. (i) The Department will not pick up loose litter or scattered waste that are not prc.~perly ¢entaincd or piled for collection:. Sec. 21-11. Recycling program. (a) The recycling program of the Solid Waste Services Department collects recyclables from single family residences that receive collection services from the Department. (b) Recyclables shall be set out for collection before 7:30 a~m. on the designated collection day. (c) Recvclables shall be placed in a recycling bin available from the Solid Waste Services Departmentor other con_ventiona! refuse receptacle that is clearly identified With the recycling symbol provided by the Department. Containers with recyclables R63302AR,wpd 165 --- 7 shall be separated from other soli_d waste, which are set ou_t for _collection, bv at least five ('5) feet. (d) Recyclables set out for collection are City property. Removal of recyclables from a container set out for collection by other than an occupant of the premises or a Department employee is a violation of this ordinance. Theft of recyclables may be prosecuted under the Penal Code. Sec. 21-12. Tree limbs, grass clippings, etc. (e.g., light brush yard waste) (a) Yard waste shall be collected on a regularly published schedule basis. (b) Yard waste shall be the only waste material(s) collected on the scheduled day and shall not be collected on any other day. No other lifte_r. garb_age,_refus_e, debris, heavy brush, or trash may be co-minGled with the yard waste. (c) Unless bagged or placed in receptacles, only ells-piles no larger than efree-(-3-)-tw_2o aqd a half (2 %) feet high, by four (4) feet wide, by five (5) long shall be collected. (d) Yard waste shall be set out for collection before 7:30 a.m. on the designated collection day, but may not be set out earlier than the Saturday immediately before the designated collection day. (e) Tree and shrub limbs set out to be collected as yard waste must be three (3) inches or less in diameter and not more than five (5) feet in length. (f) Grass clippings, leaves, weeds, and other small yard waste materials must be bagged or placed in a receptacle. (G) Yard waste shall GeneralIv be collected in the same location as GarbaGe is collected as provided by section 21-22. Rear door GarbaGe collection customers shall set out yard waste on the curb or alley service location. Yard waste may not be set out in the side yard of a residence, if the side yard adjoins an arterial or collector street. (h) Yard waste may be placed in the riaht-of-wav, but may not be placed on the street pavement, in the c~utter, on the sidewalk, or in a drainaae ditch. Except the Director mav allow vard waste to be placed in roadside drainage ditches when there is no practical altemativ_e. However, the person w_ho pl_aces any yard waste in a roadside drainage ditch mav be liable for anv ~oodino damage caused bv the yard waste. The owner or occupant of a residence or business. who authorizes, directs, or allows yard waste to be placed in a drainage ditch on or adjacent to the Derson's proDertv. also maV be liable for anv flooding damage caused bv the vard waste. The Director may assess a surcharae, as provided in section 21-40(a)(11), that will be applied to the customer's next monthIv utilitv bill if other solid waste that cannot be cornPosted are co-minQled with the Vard waste set out for collection. R83302AR.wpd 166 Sec. 21-13. Heavy brush and clean wood waste collection. (a) Heavy brush and clean ' ' ood waste, which is not mixed with other construction/demolition material or any other waste, shall be collected from customers on a reclularly scheduled basis as published in local media. (b) No other litter, qarbaqe, refuse, bulky items, debris, or trash may be co-minqled with the heavy brush and clean wood waste set out for collection. (c) Heavy brush and clean wood waste shall clenerally be collected in the same location as qarbaqe is collected as provided by section 21-22. Rear door qarbaqe collection customers shall set out heavy brush and clean wood waste at the curb or alley service location. Heavy brush and clean wood waste may not be set out in the side yard of a residence, if the side yard adioins an arterial or collector street. (d) Heavy brush and clean wood waste may be placed in the ric~ht-of-way, but may not be placed on the street pavement, in the qutter. on the sidewalk. or in a drainaqe ditch. Except the Director may allow heavy brush and clean wood waste to be placed in roadside drainaqe ditches when there is no practical alternative. However, the person who places any heavV brush and clean wood waste in a roadside drainaqe ditch may be liable for any fioodinq damaqe caused by the heavy brush and clean wood waste. The owner or occupant of a residence or business, who authorizes, directs, or allows heavy brush and clean wood waste to be placed in a drainac~e ditch on or adiacent to the person's property, also may be liable for any fioodinq damaqe caused by the heavy brush and clean wood waste. (e) Heavy brush and clean wood waste may be set out only on days desiqnated for set out for that address. (1) Notice of the sections of the City that are allowed to set out heavy brush and clean wood waste is published weekly in a paper of qeneral distribution within the City. Information is also available bV telephoninq the Solid Waste Services Department. (2) It is a defense to prosecution for violation of this section that the heavy brush and clean wood waste was set out on an unauthorized day if the heavy brush and clean wood waste was set out after the authorized set out period, but before the next heavy brush/clean wood waste pickup at that address. The property owner or occupant has the burden of proving the date the heavy brush and clean wood waste was set out and the date of the next heavy brush/clean wood waste pickup. (f') In addition to any fines that miqht result from a violation of this provision, a special fee, as provided by section 21-40(a)(11), shall be charqed for each truckload (or maior fraction there or') of heavy brush or clean wood waste: 8 R63302AR,wpd 167 (1) Which was placed for collection durina a period not desianated for settina out heavy brush and~clea__n wood waste. (2) When the Director dete_rrnines the waste should be removed in the interest of public health, sa~fety, aesthetics. or welfare prior to the next scheduled pickup. (3)_When the waste has been set_out in violation o_f any o_ther ordinance. (c~) The special collection fee is payable at the time of removal, and, if not paid at the time of removal, will be applied to the customers ne_xt monthly_utility bill. (h) In_order_to be manageable bv the collection equipment: ('1) Any tree limbs placed for collection may not exceed ten ('10) feet in lenath. Tree trunks I_ess th_an one foot in diameter may not exceed ten (10) feet in lenqth~ ('3) Tree trunks or root balls areater than one foot in diameter may not exceed five ('5) fee_t in lenclth. ('i) Piles of heaw brush and clean wood waste may not obstruct the view of motorist at street intersections. No Pile of he~avy brush or clean wood waste may be c~reater than six ('6) feet hic~h, ten ('1) feet loner, and six ('6) feet deep. (i) Heavy brush or clean wood waste collected from collection service customers shall be limited to one truck load per scheduled PickuP. ('k) A fee shall be charcled for each additional truckload of heavy brush and clean wood waste (or major fraction there off after the first load as provided bv section 21-40(a)('9), and shall be billed at the time of removal. If not oaid at the time of removal, the fee shall be payable at the time of collection, and, if not paid, it will be applied to the customer'_s_next monthly utility bill. (I) A surchame, as provided in section 21-40('a)(10), will be applied to the customer's next monthIv utilitv bill for each pile of solid waste that is set out for collection, which contains anv solid waste, other than heavV brush or clean wood waste, that is set out for collection. ('m) Special, non-scheduled heavy brush and clean wood waste collection service established by the Director shall be available at a direct chartie as provided bv section 21-40(a)('11), and shall be Dayable at the time of collection and if not paid it will be aPPlied to customer's next monthly utilitV bill. R63302AR,wpd 168 (n) Because mechanical equipment is used to pickup heavy brush and clean wood waste, any containers used to hold heavy brush and clean wood waste will be considered waste and will be picked up for disposal. Sec. 21-14. Bulky Items (a) Bulky items, not mixed with other construction/demolition material, may be collected from customers durinq special collection events that are published in the local media. (b) Bulky items will qenerally be collected in the same location as qarbaqe is collected as provided by section 21-22. Rear door qarbaqe collection customers shall set out bulky items at the curb or alley service location. Bulky items may not be set out in the side yard of a residence, if the side yard adioins an arterial or collector street. (c) Bulky items may be placed in the riqht-of-waV, but may not be placed on the street pavement. in the qutter, on the sidewalk, or in a drainaqe ditch. Except the Director may allow bulky items to be placed in roadside drainaqe ditches when there is no practical alternative. However, the person who places any bulky items in a roadside drainaqe ditch may be liable for any ~oodinq damaqe caused by the bulky items. The owner or occupant of a residence or business, who authorizes, directs, or allows any bulky items to be placed in a drainaqe ditch on or adiacent to the person's proper'W, also may be liable for any floodinq damaqe caused by the bulky items. (d) No other litter, qarbaqe, refuse, construction/demolition material, trash, heavy brush, clean wood waste, or yard waste may be co-minqled with the bulky items set out for collection. (e) Bulky items may be set out only on days desiqnated for set out for that address. (1) Notice of the sections of the City that are allowed to set out bulky items will be published in a paper of qeneral distribution within the City. Information is also available by telephoninq the Solid Waste Services Department. (2) It is a defense to prosecution for violation of this section that the bulky items were set out on an unauthorized day if the bulky items was set out after the authorized set out period, but before the next bulky items pickup at that address. The property owner or occupant has the burden of provinq the date the bulky items was set out and the date of the next bulky items pickup. (f) In addition to any fines that miqht result from a violation of this provision, a special fee, as provided by section 21-40(a)(11}, shall be charqed for each truckload (or maior fraction there of') of bulky items: (1) Which was placed for collection durinq a period not desiqnated for settincl out bulky items. 10 R63302ARwpd 169 (,2) When t_he Director deter__mines the waste should b_e re_moved in the interest of public health, safety, aesthetics, or welfare prior to the next schedule_d pickup. (3) When the waste has been set out in violation of any other ordinance. (cl) The special collection fee is payable at the time of removal, and, if not paid at the time of removal. will be_applied to the customer's next monthly utilih, bill. (h) Bulky items collected from collection service customers shall_be limited to one truck load per sch_eduled pickup. (j) ~A fee shall be charged for each additional truckload of bulky items(or major fraction there o~ after the first load as provided bv section 21-40(a)(9), and shall be billed at the time of removal. If not paid at the time of removal, the fee shall be payable at the time of collection, and. if not Paid. it will be applied to the customer~s next monthly utility bill. (k} A surcharoe, as provided in section 21-40(a)(11 ), will be applied to the customer's next monthly utility bill for each pile of solid waste that is set out for collection, which contains any waste other than authorized bulky items that is set out for collection. (I) Special, non-scheduled bulky item collection service established bv the Director shall be available at a direct charcle as provided bv section 21-40(a)(11), and shall be Dayable at the time of collection and if not paid it will be applied to customer's next monthIv utility bill. (m) Piles of bulky items may not obstruct the view of motorist at street intersections. No pile of bulky items may be clreater than six (6) feet hiclh. ten (1 ~ feet Ioncl, and six feet deep= (n) Because mechanical ecluipment is used to pickup bulky items, any containers used to hold bulky items will b_e considered waste and will be pick_ed up for disposal. (oJ Bulky items shall be separated into two (2) distinct piles as follows: Non-clrindable/non-compostable materials and debris (i.e. mattresses. box sprinas, furniture. couches, tv's. etc.). Metal appliances and metal materials (i.e.. washina machines, water heaters, refrigerators, bicycles, met_al sw!na sets. etc.). Sec. 21-15. Brick, broken concrete, ashes, dirt, etc., not included. (a) The Solid Waste Services Department will not collect accumulations of brick, broken concrete, plaster, sand, gravel, ashes, tires, roofing materials, dirt, automobile frames, lumber (other than clean dimensional lun~ber wood wa§te generated by a residential R63302AR.wpd 170 12 customer) resulting from either residential or commercial construction or demolition, or any other bulky heavy material. (b) The owner or person controlling an accumulation of brick, broken concrete, plaster, sand, gravel, ashes, roofing materials, dirt, automobile flames, lumber resulting from either residential or commercial construction or demolition, or any other bulky heavy material shall collect and store the solid waste in commercial waste receptacles, such as a dumpster, demolition box, or metal roll-off container, or dispose of the solid waste within one week of the time the waste is generated at the owner's or person's expense. Sec. 21-16. Hazardous waste and medical waste not included. (a) The Solid Waste Services Department will not collect hazardous waste or medical waste. Sec. 21-17. Disposition of dead dogs, cats, etc. No dead dog, cat or other small animals may be placed in a container for collection. Solid Waste Services Animal Control will pick up and dispose of small dead animals upon telephone notification. Sec. 21-18. Tires prohibited. (a) Tires may not be set out for collection. (b) If any tires are set out for collection, in addition to any fine that may be assessed for a violation of this ordinance, the Director shall assess a surcharge, as described in section 21-40(a)(13) for each tire set out for collection that is picked up, which will be applied to the customer's next monthly utility bill. Sec. 21-19. Limitation on filling receptacles. (a) In order to protect the safety of solid waste workers, filled refuse receptacles that are emptied manually may not weigh more than fifty (50) pounds. (b) Filled paper or plastic bags may not weigh more than thirty (30) pounds. (c) The contents of a refuse receptacle may not protrude above the top of the receptacle and inhibit placement of lid or have a potential of causing injury to the collector or customer. (d) Uncovered receptacles that contain rain water will not be picked up. Sec. 21-20. Refuse receptacles to be clean and sanitary; use of unsuitable or unsanitary receptacles. R63302AR.wpcl 171 All refuse receptacles must be kept in a clean and sanitary condition. Sec. 2~-21. Draining refuse; decomposable matter to be wrapped. (a) Refuse that is mixed with water or other liquids must be drained by the customer before being placed in a refuse receptacle. (b) Garbage and other matter, which is subject to decomposition, must be wrapped in paper or other suitable material that will contain the products of decomposition before being placed in a garbage receptacle. (c) Uncooked animal parts that may putrefy (such as fish heads, enthralls, entrails, or animal carcasses) must be kept cool and m'arnot placed in a refuse receptacle until the night before the scheduled collection date, Sec. 21-22. When and where solid w'aste-is-is~o be placed for collection '- Generally. (a) The Director shall determine the service location for all collection services. (b) If the house, building or premises from which solid waste is to be collected is adjacent to an alley, the collection of solid waste shall be from the alley. (c) If there is no public alley, the Director determines that it is not practicable to collect and remove the solid waste from an alley, or other special circumstances exist, the solid waste will be collected in the front of the premises, on the right-of-way, unless the Director shall designate an area or areas for collection of such solid waste. (d) Refuse receptacles may not be placed on the street pavement, in the gutter, or in a drainage ditch. ExcePt the Director may allow refuse receptacles to be placed in roadside drainage ditches when there is no practical alternative. However. the pemon who places any refuse receptacles in a roadside drainaae ditch may be liable for any fioodinc~ damage caused by the refuse receptacles. (el Recyclebias-shall be placed in a recycling bin available ffoF,~ the Colid Waste ,Services Depart,-nerrt or other conventional refuse receptacle that is clearly identified with the-recycling syn~bol provided by the Departn~ent. Containers with recyclables shall be separated fron~ other solid waste, whichire set out for collcction, by at least five (5) feet. (-f~-Solid waste shall be set out for collection before 7:30 a.m. on the designated collection day, but may not be set out prior to 5:00 a.m., unless set out in a closed container with a lid that is latched or otherwise secured to the container, so the lid will not open if the container is tipped on its side. Not more than five (5) containers may be set out for collection. RB3302AR.wpd 172 14 (1) There is no limit on the number of containers of used gift wrapping and boxes that may be set out on the first collection day after Christmas. (2) There is no limit on the number of containers or boxes that may set out on the first collection day of a new residential customer. (3) The Director may clrant waivers to the rules in this subsection to allow customers to set out more than five (5~ COntainers on an occasional basis. Sec. 21-23. Trash that cannot be placed in areceptacle. Except on routes serviced by automated equipment, which are regulated by Section 21- 27, trash. Trash, other than -debris, either commercial or residential, of such nature that it cannot be placed in a conventional refuse receptacle, plastic or paper bag, or cardboard box shai~ may be placed beside the refuse receptacle. Sec. 21-24. Duty of owners, occupants, etc., of premises to provide and maintain refuse receptacles. Each customer shall provide and maintain proper refuse receptacles of sufficient number to contain the refuse that accumulates on the premises. Sec. 21-25. Construction requirements for refuse receptacles. (a) Refuse receptacles that will be handled by a collector may not be more than forty five (45) gallons capacity. (b) Reusable refuse receptacles must be constructed of some substantial leakproof material (galvanized metal, aluminum, or plastic), of the type commonly sold in retail establishments, with a tight-fitting lid or cover with handles sufficiently strong for the collector to empty safely and conveniently. Refuse placed in receptacles that are not of conventional design will not be collected. (c) Paper and plastic bags and cardboard boxes must be of sufficient strength to hold their contents. (d) Plastic bags may not be less than 0.75 mils thick. Sec. 21-26. Procedure as to damaged, etc., receptacles. (a) A customer may not use a refuse receptacle that has deteriorated or become damaged to the extent that it has jagged or sharp edges capable of causing injury to the collectors or to the extent that the covers will not fit securely. R63302AR.wpd 173 15 (b) A Solid Waste Service employee designated by the Director may give notice to the owner that a receptacle may no longer be used because of its defective condition, and solid waste in the receptacle will no longer be collected. Sec. 21-27. Collection services on routes with automated collection equipment. Notwithstanding any other provision of this chapter, at residences that are on collection routes serviced by automated equipment: (1) All trash-refuse must be placed inside the provided container. (2) Any tr-as+t-refuse placed outside the container will not be collected with the trash in the container. (3) Any tf-ash-refuse that will not fit in a container may only be set out for collection on a day designated for setting out waste under Section 21- 13(b). (4) If any tf'ash-refuse that will not fit in a container is set out for collection on a day not authorized for setting out waste, in addition to any fine that may be assessed for a violation of this ordinance, the Director shall assess the surcharge for each pile of debris, as described in section 2140(a)(11), for each pile of trash set out for collection that is picked up. The surcharge shall be applied to the customer's next monthly utility bill. Sec. 21-28. Loose and Scattered Waste Will Not Be Collected. The Department will not Dick uD loose litter or scattered waste that is not properly contained er piled-set oust for collection ashspecified in Sections 21-12, 21-13, and 21-14. Sec. 2-29. Reserved. ARTICLE Ill. DISPOSAL SERVICES Sec. 21-30. Disposal services - Available. (a) The disposal services of the Solid Waste Services Department are deemed available to every premise occupied for residential use within the City of Corpus Christi, and the customer shall pay the charges therefor. (b) If the owner or occupant of a premises has made arrangements for disposal of solid wastc by a private c~llection service in accordancc with all applicable laws and regulations. R63302AR.wpd 174 16 (1) The Director Fnay waive such disposal charges only upon presentation of an affidavit of the customer or private collection service indicating the address of the pren~ises being served as provided by section 21-10. (2) Upon the expiration of an exemption under section 21-1 O, the customer shall pay all applicable charges upon con~n~encen~ent of collection services by the Department. (c) For premises used as commercial or business establishments a disposal fee, as provided in Sections 21,41 and 21,42, shall be charged for each premise being served by collection services of the Department. Sec. 2'1-31. Same -- Disposal of garbage solid waste from outside the City. (a) The disposal services of the Solid Waste Services Department may be made available to private contract waste haulers at the discretion of the Director for the disposal of solid waste from outside of the City only at a site designated by the Director, if the Director determines that the Department has the capability of properly disposing of the solid waste at that site. (b) The owner of any commercial waste haulina vehicle delivering solid waste from outside the City shall first obtain a solid waste permit, and shall pay the required disposal charges and permit fees. (See section 21-80 - 21-90.) Sec. 21-32. Same - Disposal of brick, broken concrete, ashes, dirt, etc. (a) The routine disposal services of the Solid Waste Services Department do not include brick, broken concrete, plaster, sand, gravel, ashes, roofing materials, dirt, automobile frames, lumber or similar material resulting from either residential or commercial construction or demolition, or any other bulky heavy material. (b) The Director is authorized to accept such materials at a site designated by the Director, if the Director determines that the Department has the capability of properly disposing of the materials at the site, and in such case the owner or person controlling such materials pays the required disposal charges, as provided in Sections 21,41 and 21-42-therefor. Sec. 21-33. Same -- Disposal of hazardous waste and medical waste not available. (a) Except designated household hazardous waste that will be accepted on special household hazardous waste collection days, no solid waste that is also classified as hazardous waste or medical waste may be disposed at a municipal solid waste landfill site or other solid waste disposal site operated by the City. R63302AR.wpd 175 17 (b) Before disposing of any solid waste at a municipal solid waste landfill site or other solid waste disposal site operated by the City, the individual transporting the solid waste shall certify on a form prescribed by the Director that the load of solid waste being delivered to the landfill or disposal site does not contain any hazardous waste. Secs. 21-34. Waiver of disposal fees for community cleanup efforts and for cleanup of illegally dumped solid waste. (a) The Director may waive the charges for disposal for solid waste collected: (1) A non-profit organization or neighborhowl group a-s As part of a neighborhood cleanup effort that is approved by the City Manger, or designee. (2) A-By a landowner, who is removing solid waste, at the direction of the City's Zoning and Code Enforcement Administrator, Solid Waste Compliance Officer, or a Public Health Inspector, which solid waste were illegally dumped on the landowner's property, notwithstanding the landowner's efforts to prevent illegal dumping on the property. (b) Any disposal charges waived shall be billed to any person identified as having illegally dumped solid waste on the property. Each person who illegally dumps solid waste on another's property is jointly and severally liable for the costs of removing and disposing of any solid waste found on the property where the person illegally dumped solid waste. (c) A person is presumed to have illegally dumped a solid waste, if the solid waste contains any writing or other marking indicating that the person is the owner of the item or has had possession of the item, and the item is found on property, other than a commercial business establishment that is open to members of the public, that is not owned by the person. However, a person who manufactured or offered the item for sale to the public, which is marked with a trade name, is not presumed to have generated the solid waste once the item has been sold. Secs. 21-35 -- 21-39. Reserved. ARTICLEIV. RESOURCE RECOVERY FEE SCHEDULES Sec. 2140. Charges -- For collection services within the City of Corpus Christi. (a) The following charges apply to the collection of solid waste from Solid Waste Services Department customer located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable Federal/State surcharges or fees specified in Section 2142 and State and City taxes. The charges for collections services are: R63302AR,wpd 176 18 Type Description Minimum Charge Per Month or Fraction Thereof Collection (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) One-family dwelling Two-family dwelling on one (1) water and/or gas meter Two-family dwelling on separate water and/or gas meters Apartment One-family dwelling and single apartment on one (1) water and/or gas meter Apartment house on one (1) water and/or gas meter Apartment house -- Each apartment on separate water and/or gas meter Additionalchargeforrear door pickup on any~pe above Additional loads of heavy Hea~rbrush o_r bulky item additional loads at time of scheduled heavv brush or bulky item collection Surcharge for heavy debris-bulky item pickup $11.51 $23.02 $11.51 each unit $11.51 perunit $23.02 $11.51 per unit $11.51 per unit $10.75 per unit $48.00 per load $10.00 per p:,',a item R63302AR,wpd 177 (11) Special non-scheduled heavy brush, clean wood waste, debris. or bulky item___~s and (debris)(bulky item) pick up, including pick up of heavy brush and debris set out more than two weeks prior to the scheduled pick up or brush or debris that is a traffic, safety, or health hazard Actual cost not to exceed $200.00 per load (12) Recycling containers: Each solid waste services customer account will pay a fee for recycling containers that will be refunded upon termination of the account and return of the recycling containers. $4.00 per container (13) Surcharge for tires set out $5.00 per tire for collection. (b) Except as provided in section 21-41, any residence, apartment, or other premises that does not receive collection services from the Department under the provisions of section 21-10 of this chapter, will not be charged collection or disposal fees. (c) A business and commercial institutions establishment and any other occupied premises located within the City of Corpus Christi, except a residence covered by paragraphs (a) and (b) of this section, shall be charged for collection services by the Department at a rate determined by the Director based on the following: (1) Any rate set must be reasonable and determined by the type and amount of refuse, the location of the refuse, the number of pickups per week that are necessary to properly service and maintain sanitary conditions, and in proportion to the minimum rate established in this paragraph. (2) The Director may not set a rate below twenty-two dollars and fifty-two cents ($22.52) a month (the minimum rate), plus any applicable State disposal fees and State and City taxes. R63302AR.wpd 178 Sec. 21-41. Charges -- For disposal services. (a) A person disposing of solid waste at any City disposal site designated by the Director shall pay a disposal fee, plus any applicable State disposal fees and State and City taxes, for each load of solid waste deposited under the schedule below. (b) The Director determines the composition of any load for the purpose of determining the fee applicable to a specific load. (c) Unless contractual arrangements specify otherwise, the Director may authorize special agreements for disposal of solid waste with other public agencies. (d) Before disposing of any solid waste, a person who does not have billing account with Solid Waste Services and will be required to tare out shall make a deposit based upon the estimated size of the load as determined by the Landfill Superintendent, or an employee designated by the Superintendent. The minimum deposit will be the commercial charge for one ton of solid waste. (e) The following fee schedule applies to each load of solid waste deposited at a disposal site operated by Solid Waste Services: (1) Non-commercial vehicles A. Corpus Christi residential Residential No charge customer for trash, yard waste. heavy brush, bulky items, lame household appliances, and clean wood waste, but no construction/demolition materials. (The Director shall determine what form of identification is required to prove that the individual is a resident of the City.) Corpus Christi residential customer for construction/demolition materials Corpus Christi residential customer durina community clean up events approved by the Director. No charge on first Saturday o_f each month No charge R63302AR.wpd 179 ,.-- 21 Non-Corpus Christi resident, who is covered by a special agreement between the City of Corpus Christi and another agency for solid waste disposal, hauling individual's household waste in personally owned, non- commercial vehicle. (The Director shall determine what form of identification is required to prove that the individual is a beneficiary of the special agreement.) Any other individual hauling the individual's own household waste in personally owned, non-commercial vehicle As specified in the special agreement Commercial tipping fee rate per load, plus special fees for appliances and tires (2) Commercial vehicles (tipping rate) B. C. d. E. Solid waste by weight Loose load of solid waste, not weighed Compacted load of solid waste, not weighed State disposal fee Commercial vehicle transporting household waste for a residential customer, when accompanied by the residential customer. (The residential customer must be the driver or a passenger in the commercial vehicle or arrive in a separate vehicle at the landfill with the residential customer's waste.) $ 25.25 per ton* $ 6.78 per cubic yard* $ 9,01 per cubic yard* Per State requirement No charge * Includes Federal mandated surcharges as provided by Section 21-42 (3) Special fees Clean, uncontaminated dirt that is suitable for landfill use (as determined by landfill superintendent or designee of the superintendent) Clean rubble suitable for recycling, including crushed concrete, asphalt. bricks, etc. $1.00 per cubic yard No_charge $8.00 per ton R63302AR wpcl 180 C. Large household appliances, such as $2.00 each stoves, washing machines, clothes dryers, dishwashers, refrigerators, or other similar items D. Tires Automobile $1.00 each Truck or large trailer tires (16 -19") Tractor tires (< 20") $2.00 each $3.00 each Larger than 20" Cut into quarters or more Vehicles with loads not adequately secured so as to prevent any of the contents of the transported load from being ejected or dropped during transport of the load F. Use of scales Not accepted Tipping fee rate $5.00 $25.25 Any solid waste that requires special preparation, handling, or cover Up to twice the tipping ~As determined by the Director Sec. 21-42. Surcharge for State/Federal mandated costs. (a) The following State/Federal surcharges are included in the charges established in sections 21-40 and 21-41 above: 22 (1) (2) (3) Collecting and disposal of solid waste from residential and apartment properties, business and commercial establishments, and atl other occupied premises, for which the collection services are provided For disposal of solid waste at any city disposal site designated by the Director, for which a charge per ton or cubic yard is required to be paid Disposal of loose materials that have not been weighed $0.48 per month or fraction thereof $3.06 per ton or fraction thereof """ ~" $1.23 per yard or fraction thereof R63302AR.wDd 181 ,__ 23 (4) Disposal of compacted materials that have not been weighed ~' "" $1 61 p ~, ,.,.,, . er yard or fraction thereof (b) The Director shall collect any other State or Federal charges that may be imposed. Sec. 2'143. Disposal fee for large dead animals. A direct charge, not to exceed two hundred dollars ($200.00) per animal, as established by the Director for removal and disposal of large dead animals shall be charged at the time of removal. Sec. 2'1-44. Bills for services; when charges payable. (a) The utilities office of the Departn~ent of Public Utilities of the City Utilities Billina Office shall include on their monthly bills mailed to persons that receive collection and disposal services from the Solid Waste Services Department all applicable charges for services rendered to the premises of that person. (b) The charges fixed by this article shall be payable to the City on receipt of the bill. (c) In the event any person receiving services does not have a water or gas connection billing, then a separate monthly bill shall be made to such person. (d) The Director may authorize the establishment of billing accounts for landfill disposal services under terms specified by the Director. (e) Subject to the limitations in section 402.0025 of the Texas Local Government Code, a customer is liable for all unpaid services rendered to a premises, while the premises is owned by the customer. Any unpaid charges must be paid before the customer opens a utility account. Sec. 2'1-45. Credit for vacancy. No credit will be given to any customer for a vacancy at a residence or business or commercial establishment that has an active utility service account or that is receiving collection services. Sec, 21-46, Suspension of services for failure to pay charges; reinstatement of service. (a) The service of any person who fails or refuses to pay the charges specified in this article within ten (10) days from the date the charge is due and payable shall be suspended. R63302AR.wpd 182 24 (b) Upon the renewal of services to premises where services have been discontinued under the provisions immediately above, the customer of the premises shall be charged ten dollars= ($10.00) for reinstatement. (c) If, upon reinstatement, the Director finds it necessary to either clean up the premises or remove more than the maximum amount provided for by the minimum fee, or to make an additional trip to remove accumulated solid waste, the customer shall be charged, in addition to the reinstatement charge, fifty dollars ($50.00). Secs. 21-47 - 21-49. Reserved. ARTICLE V. BUSINESS OR COMMERCIAL ESTABLISHMENTS Sec. 21-50. Littering at business or commercial establishments -- Declaration of policy; scope. For the purpose of the public peace, health, safety, morals and general welfare, the entire premises occupied by a business or commercial establishment, including the outside seating areas, parking area, driveway, and vehicle entrances and exits, is declared to be a public place, and that it is contrary to the public peace, safety, morals, health and general welfare of the community to permit litter on such public place. Sec. 21-51. Same -- Receptacles required. The owner or operator of a business or commemial establishment shall provide on the premises sufficient refuse receptacles to keep the premises clean, but not less than two (2) receptacles for the receipt of litter available to its patrons or customers. If more than two (2) receptacles are required to hold all of the litter from the premises, the owner or operator shall furnish such additional number of receptacles as is necessary to contain the litter. Sec. 21-52. Same -- Littering prohibited. (a) It shall be unlawful for any patron or customer of a business or commercial establishment to throw or deposit any litter on the premises of the business or commercial establishment except in the receptacles provided. (b) It is unlawful for any customer or patron of a business or commercial establishment to throw or allow any litter to blow upon the streets of the City or upon private property in the City. (c) It is a defense to prosecution that the patron or customer picked up any litter, which accidently blew into the street or on to another property, and properly placed it into a receptacle. R63302AR.wpd 183 Sec. 21-53. Same -- Maintenance of cleanliness by owner. (a) The owner or the operator of the business or commercial establishment shall clean the premises and remove all litter therefrom and from any street or other premises to which said litter has traveled, and place same in receptacles within thirty (30) minutes after daily closing time of such business or commercial establishment. (b) If the business or c~ommer_cial establishmentoperates continuously without closing, then the owner or operator shall clean the premises and remove all litter therefrom and from any street or other premises to which said litter has traveled, and place it in receptacles at 11:00 a.m. and 11:00 p.m. of each day. (c) It shall further be the duty of said owner or operator to prevent any litter on the premises from being blown upon or being permitted to come to rest upon the streets of the City or upon any private property in the City. Sec. 21-54. Same -- Overflowing dumpsters. (a) The owner or operator of a business or commercial establishment, which contracts with a private waste disposal company, shall ensure that any dumpster used on the site is adequate to hold all of the waste generated or deposited on the site between scheduled pickups. (b) If any material is illegally dumped next to a waste disposal dumpster, the owner or operator of a business or commercial establishment shall remove of{he illegally dumped materials and ensure that it is properly disposed of. Sec. 21-55. Same -- Requirement to correct health or safety hazards. (a) When notified by the Director or a Code Enforcement Official that the overflows from any refuse receptacles or dumpster represents a health or safety hazard, the owner or operator of a business or commercial establishment shall immediately clean up the location, install additional refuse receptacles, or contract for a larger dumpster or more frequent pickup. (b) It is a defense to prosecution for violation of this section, if the owner or operators enters into a new or amended contract with a private waste disposal company within te__n l 0 working days of the date of the notice from the Director or Code Enforcement Official. R63302AR.wpd 184 26 Secs. 21-56 -- 21-59. Reserved. ARTICLE VI. REGULATION OF FILL MATERIALS Sec. 21-60. Deposit of fill material -- Permit required; exceptions. (a) Except as provided in this section and section 21-80, no person may deposit or dump on any property or allow to be deposited or dumped on the person's property or property under the person's control, any dirt or other fill materials without securing a permit from the Building Division of the Department of Inspections and Operations Official as provided by section 21-61. (b) This provision shall not apply to persons depositing or dumping and spreading dirt, sand or other gardening materials on the premises used in connection with an existing building for landscaping purposes, or to the dumping or depositing sand or other building material on a lot in connection with construction of improvements in progress for which a building permit has been obtained, or to the dumping or depositing of dirt, sand, fill material, or refuse for which a permit has been obtained under sections 21-80 through 21-90, or to the dumping or depositing of such materials in a City dumping grounds so designated by the City. Sec. 21-61. Same - Issuance of permit. (a) The Building Division of the Depart,-nent of llousing and Comn~unity'Development Official is responsible for the issuance of dumping permits for dumping or depositing dirt and other fill material. (b) No dumping permit shall be issued for dumping or depositing refuse. (c) Each dumping permit shall be issued to a specific person, firm or corporation to fill a specifically described piece of property and shall specify the type of fill material and the duration of the dumping permit, which shall not be for a period in excess of one week. (d) Before the dumping permit is issued, the Building Division must be satisfied that the dirt Or fill material appears to be free from any substance injurious to the public health and welfare, and that the dirt or fill material will be handled and dumped or deposited and leveled off in a manner that apparently will not be injurious to the public health. (e) The Building Division is authorized to promulgate forms to be completed by applicants for dumping permits requiring such information as deemed necessary to carry out the purposes of this section. Secs. 21-62 -- 21-69. Reserved. R63302AR.wpcl 185 /--- 27 ARTICLE VII. CONTROL OF REFUSE Sec. 21-70. Covering Loads. (a) A person hauling solid waste to a municipal solid waste landfill or other point of disposal shall: (1) Securely cover the vehicle with a tarpaulin or adequately cover the load to prevent any solid waste from falling or blowing out of the vehicle between the point of pick-up and the point of disposal. (2) Prevent any solid waste from falling or blowing out of the vehicle by bouncing, sliding or slipping due to the movement of the vehicle, the wind action, or because of improper placement of the contents in the vehicle. (b) This section does not prohibit the travel of a vehicle for a distance of not more than two (2) blocks from the point of one pick-up to the point of another pick-up on the same trip without having the tarpaulin or other cover of the vehicle securely fastened. Sec. 21-71. Release of balloons. (a) A person commits an offense if the person knowingly releases a balloon into the air outside a roofed structure. (b) A person commits an offense if the person organizes or promotes an event during which balloons are released into the air outside a roofed structure if the person knew that such release was planned or authorized. (c) It is an affirmative defense to prosecution under this section that the balloon was released for scientific or meteorological purposes by or authorized by a government agency, or that the balloon was a hot-air balloon designed for recovery after launching. (d) As used in this section, "balloon" means an inflatable bag of thin rubber or similar material inflated with lighter-than-air gas. Sec. 21-72. Illegal Disposal of Solid Waste Prohibited. (a) The disposal of solid waste in violation of this section is a nuisance and potential health and safety hazard. (b) A person. or the person's aclent or employee, may not dispose or allow or permit the disposal of any solid waste at a place within the City of Corpus Christi or within 5,000 feet of the City's boundary, including on or within 300 feet of a public road, right of way, any portion of the municipal separate storm water sewer system, park, or coastal waters, including tributaries to the coastal waters, except at the following locations: R63302AR.wpd 186 (1) A permitted municipal solid waste landfill site or municipal solid waste collection point. (2) A private solid waste disposal facility permitted by the TNRCC. (3) A refuqe____~receptacle made available to the public, patrons, and customers of a business or public facility. (4) At a place designated for the collection of solid waste by section 21-21 21-22, but only when the solid waste is placed by a customer for collection by Solid Waste Services or a private collection contractor. (5) A refuse receptacle maintained by the owner or person in control of a premises for the disposal of solid waste generated on the premises or as a result of the activities of the owner or person in control of the premises. (6) As otherwise expressly permitted by the Code of Ordinances or applicable Federal or State laws. (c) In addition to any other penalties that might result from a violation of this section or any other law relating to the disposal of solid waste, any person who disposes of any solid waste in violation of this section shall promptly remove the solid waste, take all measures necessary to reduce or eliminate any harmful effects of the waste that cannot be removed, repair any damages caused t~-b_~_y the solid waste, and compensate the City for any additional expenses it was caused to incur as a result of the illegal disposal of the solid waste. (d) The generator of solid waste is responsible for the proper collection and disposal of any solid waste that the person generates. (e) A person is presumed to have generated a solid waste, if the solid waste contains any writing or other marking indicating that the person is the owner of the item or has had possession of the item. However, a person who manufactured or offered the item for sale to the public, which is marked with a trade name, is not presumed to have generated the solid waste once the item has been sold. (~ In any prosecution charaina a violation of this section in which it is alleeed that a motor vehicle was used to transport the solid waste to the place of disposal, the reeistered owner of the motor vehicle is presumed to be the person who threw, dropped, or otherwise olaced solid waste removed from a vehicle in violation of this section at the time and place charc~ed, if proof that the particular vehicle described in the complaint was used to transport the solid waste disposed of in violation of this section, toeether with proof that the defendant named in the complaint was at the time of the alleeed violation was the recfistered owner of the vehicle, is presented into evidence. 28 R63302AR,wpd 187 29 (g) If the person fails to remove the illegally disposed solid waste within ten (10) days after receiving notice as provided in section 342.006(b) of the Health and Safety Code, the Director may have the solid waste removed and any damages repaired. The generator of the solid waste shall pay the costs of collection and disposal of the solid waste, repair of any damage, and is liable for any losses sustained by a third party as a result of the illegal disposition of solid waste. (h) The Director may remove any solid waste without notice to person who discharged the substance or article into the municipal separate storm water sewer system, when directed to do so by the Federal or State On Scene Coordinator, under the Act; the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; the Oil Spill Prevention and Response Act, or Texas Oil and Hazardous Substances Spill Prevention and Control Act. The generator or person who discharged the solid waste is liable for all costs incurred by the City as a result of the discharge. (i) Upon the written certification by the Director or a Code Enforcement Official of a violation of any provision of this chapter, the City Attorney is authorized to petition any court of competent jurisdiction for an injunction to enjoin the continued violations. This remedy shall be cumulative of all other enforcement powers granted to the City by the terms of its charter, any ordinance, or by the laws of the state. Sec. 21-73. Director of Solid Waste Services authorized to enter premises. (a) The Director or a Code Enforcement Official is authorized to enter any premises to make inspections to determine that solid waste is being properly collected and removed. (b) In the event of an emergency affecting public health and safety, the Director or a Code Enforcement Official may conduct a needed inspection without the permission of the property owner or a warrant. Sec. 21-74. Special Warrants. (a) Under Article 18.05, Texas Code of Criminal Procedure, if the Director or a Code Enforcement Official has been refused access to a building, structure, or property or any part thereof, and if such official can demonstrate (1) probable cause to believe that there may be a violation of this chapter and (2) that there is a need to inspect as part of a routine inspection program of the City designed to verify compliance with this chapter, or any permit or order issued under this chapter to protect the overall public health safety and welfare of the community, then upon application by the City Attorney, through the Director or a Code Enforcement Official, the Municipal Court Judge of the City shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Director or a Code Enforcement Official, in the company of a uniformed R63302AR wpd 188 30 police officer of the City, Normal business hours are presumed to be reasonable hours Of aCCeSS, (b) In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant. Sec. 21-75. Collection of Expenses; Lien, Suit. (a) The Director may add an additional resource recovery fee to the generator's monthly utility bill after the illegally disposed solid waste has been collected, if the Director notifies the person presumed to be the generator of the basis for the presumption, the amount of the resource recovery fee that may be assessed, and the procedures the person may use to contest the presumption. (b) The person who receives notice from the Director that they may be liable for a resource recovery fee for the collection of illegally disposed solid waste, may contest the presumption by sending the Director a written explanation to the Director. (c) The decision of the Director to assess a resource recovery fee for illegally disposed solid waste, may be appealed to the City Manager for final determination. (d) If a person fails to pay any required resource recovery fee in a timely manner, all utility services provided to the person may be discontinued under Section 55-34. (e) The Director may file a statement of expenses incurred under this chapter, giving the amount of the expenses, the date on which such work was done, and a description of the premises upon which such work was done with the County Clerk. The City shall have a privileged lien on such lot or real estate upon which such work was done to secure the expenditures so made, under the terms of Section 342.007, Texas Health and Safety Code, which lien shall be second only to tax liens and liens for street improvements, and such amount shall bear ten (10) per cent interest from the date the statement was filed. For any such expenditures and interest, suit may be instituted and recovery and foreclosure of such lien may be had in the name of the city, and the statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements. Secs. 21-76 -- 21-79. Reserved. ARTICLE VIII. SOLID WASTE PERMITS Sec. 21-80. Solid waste permits required. No person, except a duly authorized agent or employee of the City, shall collect the solid waste of any other person, or convey or transport such solid waste on the streets, R63302AR.wpd 189 alleys or public thoroughfares of the City, or dispose of such solid waste, without a written solid waste permit granted and issued by the Director. Sec. 21 ~81. Application generally. Any person desiring a solid waste permit for the collection, removal, and disposal of solid waste, as required in section 21-80 of this Code, shall make application for such solid waste permit to the Director. Sec. 21-82. Contents of application. The application shall set forth the name and address of the applicant; the trade name under which the applicant does or proposes to do business; the mailing address, office telephone number.and location of the business; the number of vehicles the applicant desires to operate; the location where the vehicles will be parked or stored when not in use; the class, size and design of each vehicle; whether or not the applicant or any person employed by him has a claim or judgment against him for damages resulting from the negligent operation of a vehicle; the nature and character of the service the applicant proposes to render; the patrons for whom the applicant proposes to render the service; and a statement of whether or not service will be provided to any premises not located in the City of Corpus Christi. Sec. 21-83. When solid waste permits not required. A resident of the City shall not be required to obtain a solid waste permit to haul solid waste from the dwelling in which the resident resides to a City disposal site. An owner or employee of a business or commercial establishment located on premises in the City shall not be required to obtain a solid waste permit to haul solid waste from said premises to a City disposal site. Said residents, owners and employees shall not be exempted from any other requirements of this Code or other applicable Federal or State laws for the conveying, transporting or disposing of solid waste. Sec. 21-84. Bond and insurance required. No solid waste permit may be issued until the applicant provides satisfactory proof to the Director of Safety and Risk Management that the applicant has adequate liability insurance available to protect the interest of the City and its residents, as required by section 17-15 of the Code of Ordinances. Sec. 21-85. Fees for solid waste permits. (a) The fee for a solid waste permit shall be seventy dollars ($70.00) per vehicle, payable to the City at the time of issuance of solid waste permit, except as provided herein. R63302AR.wpd 190 (b) The fee for a solid waste permit shall be one hundred forty dollars ($140.00), payable to the City at the time of issuance of the solid waste permit, for any vehicle which is to be used to convey or transport solid waste from outside the City to any disposal site of the Solid Waste Services Department. Sec. 21-86. Expiration of solid waste permits. Solid waste permits shall expire on August 31st of each calendar year. Sec. 21-87. Denial, suspension, and revocation of permit. (a) Authority of Director to deny, suspend, and revoke permits. The Director may deny, suspend, or revoke a permit if the Director determines that a permittee: Is not qualified under this Articl__e. (2) Violates any of the provisions of this chapter, any procedural or operational rule or regulation promulgated by the Director to implement this chapter, or applicable provisions of the City code. (3) Has failed to pay a required fee or fine. (4) Violates any Federal or State law or implementing regulation relating to the generation, transportation, or disposal of hazardous waste that occurred within the City or its extraterritorial jurisdiction or involved waste disposed at a City solid waste facility. (5) Has failed to timely respond to a notice of violation or alleged violation. (b) Reinstatement of suspended or revoked permit. After suspension or revocation under this section, a permittee may file a request for reinstatement of the permit. (2) If the Director determines that the permittee is again qualified after all fees and fines have been paid, all violations have been corrected, precautions have been taken to prevent future violation, and all required fees have becn paid, the Director may reinstate a permit. (3) A permittee whose permit is suspended or revoked may not collect, transport, or dispose o.~_f any solid waste within the territorial jurisdiction of the City. (c) Appeal of revocation of a permit. 32 R63302AR.wpd 191 33 In the event a permit is revoked. the former permittee may request a hearing with the City Manager. (2) A request for a hearing must be made within three (3) working days of the revocation. (3) The hearing will be held by the City Manager within five (5) days of receipt of request for a hearing. (4) The hearing shall be informal, and notice of the holding of the hearing may be communicated to the requesting party verbally and confirmed in wdting. (5) Within seventy-two (72) hours of the conclusion of the hearing, the City Manager will issue a finding on whether or not to lift the revocation. (6) The City Manager may impose conditions of remediation and correction upon the former permittee as conditions of lifting the revocation. (7) If the former permittee is not satisfied with the decision of the City Manager, the former permittee may appeal to district court. (8) The appeal must be perfected by service of process upon the City within thirty (30) days of the Director's decision to continue revocation. Sec. 21-88. Display of solid waste permit number on vehicle. Each vehicle used pursuant to a solid waste permit shall be equipped with the number of the solid waste permit painted on or attached to the vehicle in letters at least three (3) inches in height and at a conspicuous location. Sec. 21-89. Display of name on vehicles and containers. After September 1, 1997, each vehicle used pursuant to a solid waste permit, and each container provided by solid waste permit holders to customers, shall be equipped with the name of the solid waste permit holder painted on or attached to the vehicle or container at a conspicuous location, Said identification shall be either in letters not less than two and one-half (2%) inches in height or in an easily readable sign not less than ten (10) inches in height and twelve (12) inches in width, Sec. 21-90. Solid waste from outside of the City. (a) All solid waste permit holders are hereby required to submit a list each month of all customers for which said solid waste permit holder has rendered service from any point outside of the City limits. R63302AR,wDd 192 34 (b) The solid waste permit holder shall prepare said reports so as to provide the correct information as of the first day of each month and shall submit the reports to the Director no later than the tenth day of the same month. (c) The solid waste permit holder shall pay to the City the disposal charges for all solid waste conveyed or transported from outside of the City to any disposal site of the Solid Waste Services Department. Sec. 21-91. Private Waste Disposal Dumpstero. (a) Private waste disposal companies may not place their disposal dumpsters on any City or State right-of-way within the City limits. All dumpsters must be placed on the customer's private property. (b) A private waste disposal company must access a dumpster for collection services via a driveway. A private waste disposal company may not cross over the curb of a City street or State highway except at an authorized driveway approach curb-cut. (c) If any material is illegally dumped next to a waste disposal dumpster, the customer contracting with the private waste disposal company is responsible for the removal of the illegally dumped materials. (d) If a dumpster that is located at a business or commercial establishment is inadequate for the volume of materials being deposited and waste materials are overflowing from the dumpster, the private waste disposal company shall notify its customer of the need to arrange for placement of a larger dumpster. Secs. 21-92 -- 21-99. Reserved. ARTICLE IX. LARGE ITEM BUY BACK PROGRAM Sec. 21-100. Large Item Buy Back Program Authorization. (a) The Director is authorized to establish a large item buy back program from funds appropriated for solid waste collection services. (b) The Director is authorized to make payments to residents of the City of Corpus Christi, who bring large items of debris, such as mattresses, items of furniture, large pieces of carpeting, appliances, or plumbing fixtures, which will not fit into a normal trash receptacle or dumpster, during times designated and publicized by the Director as Buy-Back Program Days. Sec. 21-101. Large Item Buy Back Program Payment Schedule. R63302AR,wpd 193 35 (a) The Director shall prepare a Large Item Buy Back Program payment schedule. The payment schedule shall be submitted to the City Manager for approval, and be reviewed on an annual basis. (b) The payment schedule shall bear a reasonable relation to cost savings to the City from not having to collect large items of debris that have been set out for collection. (c) The initial payment schedule must provide for a payment of at least one dollar ($1.00), but not more than five dollars ($5.00) per item. The Director may classify the collective parts of a larger item as a single item, such as the broken legs of a table and the table top would be considered as a single table. (d) The payment schedule may be adjusted at any time. (e) The approved payment schedule shall be filed with the City Secretary and copies shall be provided to the City Council. (f) The Director shall have the authority to negotiate special payments for special situations. SECTION 2. Section 12-6 of the Code of Ordinances is repealed. SECTION 3. Chapter 49, Streets and Sidewalks, of the Code of Ordinances is amended by adding Section 49-1 la to read as follows: Sec. 49-1 la. Duty of abutting owners, etc., to keep right of way clean. It shall be unlawful for the owner, lessee, or tenant of any premises abutting on any right of way to permit any solid waste to accumulate in the right of way, except solid waste thet-afe-set out for collection by Solid Waste Services or a private collection contractor in accordance with Chapter 21 of this Code. A person who allows solid waste to accumulate in the adjacent right of way is guilty of a misdemeanor and may be assessed a resource recovery fee for the collection of the solid waste from the right of way. SECTION 4. Chapter 1, General Provisions, of the Code of Ordinances, City of Corpus Christi, is amended by adding a new Section 1-12 to read as follows: Sec. 1-12. Code Enforcement Official. (a) :Code Enforcement Official: means an employee holding a position designated in wdting by the City Manager to enforce the ordinances of the City of Corpus Christi. (b) A Code Enforcement Official may: R63302AR.wpd 194 36 (1) Make application for administrative and crimi0nal seamh warrants under authority of the Texas Code of Criminal Procedure, Article 18.05, as such warrants may be necessary to enforce any provision of the Code of Ordinances of the City of Corpus Christi or other municipal ordinance. (A) A Municipal Court Judge shall issue a search and/or seizure warrant describing the specific location subject to the warrant and items that may be seized, upon application by the City Attorney, through a code enforcement official, if a code enforcement official has been refused access to a building. facility or residence, or any part thereof, and if such official can demonstrate: 1. Probable cause to believe that there may be a violation of this articles_ and 2. That there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with any ordinance, permit, or order issued by the City to protect the public health, safety, and welfare of the community. (B) The warrant must be served at reasonable hours by the code enforcement official, in the company of a uniformed police officer of the city. 1. Hours during business operation or dudng a time a permittee is discharging into a sanitary sewer or the municipal separate storm sewer system is presumed to be a reasonable hours for access. 2. In the case of a suspected unpermitted discharge, or discharge from a domestic source, the municipal court judge shall make determination of reasonable hours for entry. 3. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant. (2) Submit a request to the City Attomey to petition any court of competent jurisdiction for an injunction to enjoin the continued violations. R63302ARwpd 195 ,.__ 37 / (3) Issue citations for violations of any City ordinance observed being committed in the Code Enforcement Official's presence. (4) File a report with the City Attorney and request the filing of a complaint in Municipal Court when the Code Enforcement Official has reason to believe and does believe a City ordinance has been violated, but did not personally observe the violation. (c) Upon receipt of a completed citation, signed by a Code Enforcement Official, the Administrator of Municipal Court shall process the citation and cause a complaint to be filed, in the same manner as a citation issued by a police officer. (d) A Code Enforcement Official is not authorized to arrest an individual for violation of any City ordinance. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1 of this ordinance. SECTION 7. This ordinance is effective on Msy August1, 2000. Any changes in the residential collection rates shall take effect and be applied against all service provided on or after Msy Auqust 1, 2000, which is billed in a utility billing cycle, which includes only service provided on or after May Auqust 1, 2000. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R6330ZAR.wpd 196 Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzates That the foregoing ordinance was read for the flint time and passed to its second reading on this the __ day of ,2000, by the following vote: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales PASSED AND APPROVED, this the __ ATTEST: ,2000 by the following vote: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott day of ,2000. 38 Armando Chapa City Secretary APPROVED: day of James R. Bray, Jr., City Attorney By: R. Ja ~,~ing//~ FirStant City Attorney Samuel L. Neal, Jr Mayor, The City of Corpus Christi ,2000: R63302AR.wpd 197 AN ORDINANCE AMENDING SECTION 21-40 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING CHARGES FOR SOLID WASTE COLLECTION SERVICES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 21-40 of the Code of Ordinances is revised to read as follows: Sec. 21-40. Charges o- For collection services within the City of Corpus Christi. (a) The following charges apply to the collection of solid waste from Solid Waste Services Department customer located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable Federal/State surcharges or fees specified in Section 21-42 and State and City taxes. The charges for collections services are: Type Description Minimum Charge Per Month or Fraction Thereof Collection (1) One-family dwelling ~ $11.60 (2) Two-family dwelling on $23.02 $23.20 (3) (4) (5) (6) (7) one (1) water and/or gas meter Two-family dwelling on separate water and/or gas meters Apartment One-family dwelling and single apartment on one (1) water and/or gas meter Apartment house on one (1) water and/or gas meter Apartment house -- Each apa'. ;: nent on separate water and/or gas meter $-HT5-I- $11.60 each unit $11.60 per unit $23 20 {H--ITS+S11.60 per unit H-ITS-l-S11.60 perunit R033~3A1,wpd 198 (8) (9) (lo) (11) (12) Additional charge for rear door pickup on any type above Additional loads of heavy brush or bulky item at time of scheduled heavy brush or bulky item collection Surcharge for bulky item pickup Special non-scheduled heavy brush, clean wood waste, debris, or bulky items pick up, including pick up of heavy brush and debris set out more than two weeks prior to the scheduled pick up or brush or debris that is a traffic, safety, or health hazard Recycling containers: Each solid waste services customer account will pay a fee for recycling containers that will be refunded upon termination of the account and return of the recycling containers. $10.75 per unit $48.00 perload $10.00 peritem Actualcostnotto exceed $200.00 perload $4.00 per container (13) Surcharge for tires set out $5.00 per tire for collection. (b) Except as provided in section 2141, any residence, apartment, or other premises that does not receive collection services from the Department under the provisions of section 21-10 of this chapter, will not be charged collection or disposal fees. (c) A business and commercial institutions establishment and any other occupied premises located within the City of Corpus Christi, except a residence covered by paragraphs (a) and (b) of this section, shall be charged for collection services by the Department at a rate determined by the Director based on the following: R03313A1 .wpd 199 3 (1) Any rate set must be reasonable and determined by the type and amount of refuse, the location of the refuse, the number of pickups per week that are necessary to propedy service and maintain sanitary conditions, and in proportion to the minimum rate established in this paragraph. (2) The Director may not set a rate below twenty-two dollars-and ~..~J-twe cents (-$9-2759~twentv-two dollars and sixty cents ($22.60) a month (the minimum rate), plus any applicable State disposal fees and State and City taxes. SECTION 2. If for any reason any section, paragraph, subdivision. clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chdsti. R03313Al.Wpd 200 Samuel L, Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales That the foregoing ordinance was read for the first time and passed to its second reading on this the __ day of ,2000, by the following vote: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neal, Jr. Javier D. Colmenem Melody Cooper Henry Garrett Dr. Arnold Gonzales PASSED AND APPROVED, this the ATTEST: ,2000 by the following vote: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott day of ,2000. Armando Chapa City Secretary APPROVED: ,,~"¢'~ day of James R. Bray, Jr., City Attorney By: R. J ~ning'/'~'/ ;i~rJ~A ss~i~ant City Attorney ROSS13A1.wpd Samuel L. Neal, Jr. Mayor, The City of Corpus Christi ,2000: 201 AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION DATE: TIME: PLACE: 4. 5. 6. Tuesday, June 13, 2000 Dudng the meeting of the City Council beginning atl2 p.m. City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 President Betty Jean Longoria calls meeting to order. Secretary Armando Chapa calls roll. Board of Directors Betty Jean Longoria, President Rex Kinnison, Vice President Javier Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales John Longoria Samuel L. Neal Jr. Mark Scott Approve Minutes of February 8, 2000. Financial Repo~. Appointment of Treasurer. Officers W. Thomas Utter, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Vacant, Treasurer Michael Harry, Asst. Treasurer Appointment of CCCIC Loan Review Committee Members: New Member Reappointment of Members Authorization of Acquisition of Lots 3340, Block 1602, Bay Terrace #2 Subdivision in the Amount of $19,084 for the Summer Youth Works Program. Public Comment. Adjournment. 202 Memorandum TO: President Betty Jean Longoria and Board Members of the Corpus Christi Community Improvement Corporation FROM: W. Thomas Utter, Assistant City Manager.~.~~ DATE: June 8, 2000 SUBJECT: Request for Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) on June 13, 2000 I am requesting that a meeting of the Corpus Christi Community Improvement Corporation (CCCIC) be held during the Council meeting of June 13, 2000 to consider the following: 1. Appointment of Treasurer: The Treasurer position has been vacant for several months and is typically held by the City's Finance Director. With the recent appointment of Mr. Jorge Cruz-Aedo, I am requesting that Mr. Cruz-Aedo be appointed as Treasurer of the CCCIC. 2. Appointment of CCCIC Loan Review Committee Members: The committee is composed of eleven members and its purpose is to review and approve loans for low and moderate income individuals being assisted through our Rehabilitation Loan Program. The Committee members are appointed by the CCCIC Board for three-year terms and may serve unlimited terms. When the committee was established, the first members were appointed to staggered terms and three-year terms thereafter. Original Last Term Expiration Member Profession Appointment Date Term Date Date Louis Garza, Health & Human 6/16/87 5/7/99 5/5/01 Chairperson Services*(5-12-98) Alice Vaughan, Vice- Real Estate 3/16/93 5/7/97 5/7/00 Chairperson Daniel Suckley Financial 5/12/98 5/7/99 5/7/02 David Cantu At Large 5/12/98 5/7/99 5/7/02 Beverly Bacak Financial 6/20/95 5/12/98 5/7/01 Robert Jones Clergy 12/21/93 5/12/98 5/7/01 Barry Lobell At Large 5/12/98 5/12/98 5~7~01 Alynda Asher Real Estate 7~27~93 5/7/97 5/7/00 Ben Grande At Large 5~24~94 5/7/97 5~7~00 Leroy San Miguel Architect 7/12/88 5/7/97 5/7/00 Caroline Stahl Real Estate 6~20~95 5~7~97 5/7/00 203 The Committee must be composed of five members from the following seven professions: Lawyer, Architect, Engineer, Member of the Clergy, Real Estate Agent, Residential Home Designer, and General Contractor. The remainder of the Committee consists of two members from financial institutions, one member from Health and Human Services, and three members from the community at large. a) Appointing a new CCCIC Loan Review Committee Member: The Loan Review Committee has a vacancy that needs to be filled since Mr. Leroy San Miguel has indicated that he does not wish to be reappointed. Although there are four persons that have indicated a desire to serve on the committee, none meet the above requirements except Mr. Randy Farrar (qualified homebuilder). Mr. Farrar is recommended for appointment. b) Reappointing CCCIC Loan Review Committee Members: The Loan Review Committee has four members whose terms will expire in May that are interested in being reappointed. Alice Vaughan - Real Estate Alynda Asher - Real Estate Ben Grande - At Large Caroline Stahl- Real Estate Staff recommends reappointment of these members. Authorization of Acquisition of Lots 33-40, Block 1602, Bay Terrace #2 Subdivision in the amount of $19,084 for the Summer Youth Works Program: This authorization is to purchase eight (8) vacant 25' wide lots at the intersection of Elizabeth and 19th Streets. These lots will be combined into four lots which will be used as a construction site for the three homes to be built under the Youth Works Program. The Youth Works Program which was previously approved by the City Council is funded through a $22,750 grant from both School to Careers and the Workforce Development Corporation, and is designed to involve at-risk youths in the building trades. The purpose of the program is to provide the youths an opportunity to determine if they are interested in pursuing a career within the building trades. We have received a grant from Workforce Network, Inc. to provide mentoring and supervision for the youth and the City Council has previously appropriated those funds for the project. There is $45,000 available from the CCCIC's New Construction Homebuyer Assistance Program available to assist low and moderate income persons in the purchase of the homes planned for construction in this program and the acquisition cost of $19,084 is available from the HOME Program. (The acquisition cost is the actual tax rate value.) Local lending institutions are participating in the program by lending the prospective homeowners the funds to purchase the homes. This authorization would be a temporary use of CCCIC funds since the purchase price of the property will be included in the homeowner's mortgage. Attached is a brief synopsis of the program. 204 Synopsis Youth Works Program The purpose of this program is to empower high school students with construction trade skills by building 3 houses during the contract period. The students involved will learn valuable trade skills as they build a house from the ground up including all facets of the job. This includes but is not limited to electrical, plumbing, masonry, air conditioning installation, and framing. MBOC will coordinate the Youth Works training program. In order to fully develop this program MBOC will use these grant funds to provide on site mentors while these three homes are being built. The mentors will act as a liaison between the general contract on the project and the students being trained. Del Mar College will develop long term strategies to accompany Youth Works with Del Mar curriculum. Wells Fargo Bank will provide the up front construction costs for building materials as well as supply the eventual homeowner with a below-market interest mortgage loan. Coastal Bend Workfome Development Board will make available grant funds to pay the salaries of the youth that re being trained (this grant). The City of Corpus Chdsti's Housing and Community Development will provide the land for the first project as well as provide some of the construction costs. The Business Roundtable will provide safety management training to the youth that are being trained. The Associated General Contractors will develop plans and specifications for the homes to be built and help coordinate the Youth Works training program with MBOC. In addition, the AGC is in a position to hire students from the work site into full time jobs. 205 PRESENT CCHFC Board of Directors John Longoria, Pres. Mark Scott, Vice Pres. Javier Colmenero Melody Cooper Henry Garrett Dr...~auold Gonzales Rex A. Kinnison Betty Jean Longoria Samuel L. NeaL Jr. MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION JOINT MEETING WITH CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION FEBRUARY 8, 2000 4:08 p.m. CCCIC Board of Directors Officers Betty Jean Longoria, Pres. Rex A. Kinni~on, Vice Pres. Javier Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales John Longoria Samuel L. Neal Mark Scott W. Thomas Utter, Gem Mgr. Armando Chapa, Secreta~ Mary Sullivan, Treasurer Mike Harry, AssL Treasurer President Betty Jean Longoria and President John Longoria called the meeting to order in the Council Chambers of City Hail. Secretaxy Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. President J. Longoria cailed for approval of the CCHFC minutes of the July 27, 1999 meeting and the CCCIC minutes of the November 16, 1999 meeting. Mr. Scott made a motion to approve the minutes, seconded Mr. Kinnison, and passed unanimously. President J. Longoria cailed for discussion of the financiai reports. General Manager Tom Utter said the CCHFC has a fund baiance of $280,800.93 and the CCCIC has a total asset of $18,063,164. President J. Longoria opened discussion on Item 5, regarding the report on 4000 by 2000 activities of the CCFFC and the CCCIC. General Manager Utter explained that in July 1996, the CCHFC and the CCCIC togethe: established the Corpus Christi Housing Partnership. He said since July 1996, the CCHP has provided $82,350,208 for housing assistance and has assisted 3.889 units. Mr. Utter expects that the CCHP will accomplish and perhaps exceed the 4000 goal commitments. Mr. GortTa!es thanked Mr. Utter and his staff for their hard work. Presidenl Longoria praised the City's efforts to find affordable housing and assistance for the community. President J. Longoria opened discussion on Item 6, introduction of the ne~v $19.3 million Mortgage Credi' Certificate (MCC) Program. General Manager Utter stated that the CCHFC and its partners, the Board of Reaitor: and the Mortgage Lending Company, established a program where first-time homebuyers can purchase a hous, through a participating lender and be issued a mortgage credit certificate through the CCHFC. He explained tha the mortgage credit certificate allows a 25% tax credit on mortgage interest paid. a dollar for dollar tax credit reducing the interest rate by 25%. President B. Longoria thanked Mr. Utter and his staff for their efforts in thi: program. President J. Longoria opened discussion on Item 7, appointment of Loan Review Committee Members. M~ Longoria made a motion to reappoint Louis Garza. David Cantu and Daniel Suckley to the CCCIC/Loan Revie~ Committee, seconded by Mr. Scott, and passed unanimously. 206 JOINT MEETING OF THE CORPUS CHRISTI HOUSING FINANCE CORP. AND THE CORPUS CHRISTI COMMUNITY IMERVMNT. CORP. FEBRUARY 8, 2000 PAGE 2 President J. Longoria called for public comment. Foster Edwards, C.E.O. of the Association of Realtors, said the association appreciates the efforts of the Board of Directors in establishing the Mortgage Credit Certificate Program and the importance of the program tc the community. He also read statistics that the City of Corpus Christi is at the bottom 10% of average or mediu~ in tax price for housing. Presidem J. Longoria suggested to Mayor Loyd Neal to appoint a small task force to look at issues facing the homeless and the needs that could be provided to serve them through the City. Mayor Neal said he would ask the Homeless Coalition to serve as a group to look into those issues. President B. Longoria commented on the goo~ work Mr. Utter and staff have been doing. There being no additional business, President J. Longoria declared the meeting adjourned at 4:22 p.m. on February 8, 2000. 207 CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE - Five (5) vacancies with three-year terms to 5-07-03 representing the following categories: I- Community at Large and 4 from among the following categories - Legal, Real Estate Agency, General Contractor/Remodeler/Homebuilder, Architect, Engineer, or Residential Home Designer. COMPOSITION 11 members - serving staggered terms as follows: 5 for 3-yr. terms; 3 for 2-yr. terms; 3 for l-yr. terms. The committee shall be composed of 4 members from the following professions: legal, real estate agency, general contractor/remodelerPaomebuilder, architect, en~neer, residential home designer; 2 members associated with financial institutions; I member individna!ly employed in the delivery of Health and Human Services; and 4 members from the commtmity at large. Appointments to be made by the Board of Directors of CCCIC (City Council). Members must comply with the City's Code of Ethics. Chairman to be selected by Loan Review Committee for a 1-year term. MF,,MBERS ~RM ORIGINAL APPTD. DATE Louis Garza (Community at Large), Chairman 5-07-02 Beverly Baeak (Financial Inst.) 5-07-01 *Alynda Asher (Real Estate) 5-07-00 David Cantu (Community at Large) 5-07-02 Batty Lobell (Community at Large) 5-07-01 Robert Jones (Health/Human) 5-07-01 Daniel Suckicy (Financial Inst.) 5-07-02 **Leroy San MigneI (Architect) 5-07-00 *Caroline Stahl (Realtor) 5-07-00 *Ben Grande (Community at Large) 5-07-00 *Alica Vaughan (Real Estate) 5.07-00 6-16-87 6--20-95 7-27-93 5-12-98 5-12-98 12-21-93 5-12-98 7-12-88 6-20-95 5-24-94 3-16-93 *Individuals seeking reappointment. **Is not seeking reappointment ATTENDANCE RATE OF MEMBER INTERESTED IN REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Alynda Asher (Real Estate) Ben Grande (Comm. at Large) Caroline Stahl (Realtor) Alice Vaughn (Real Estate) 10 9 90% 10 8 80% I 0 7 70% 10 10 100% 208 OTHER INDIVIDUALS EXPRESSING INTEREST: David Barganski Financial Consultant, B.A. in business from Texas A&M - College Station. (eualifws - Community at Large) (3/'23/00) Randy Farmr President, TexCoast Enterprises, Inc. B.B.A. in Accounting fxom Texas A & M University. Member of the Governmental Relations Committee of the Texas Association of Builders. Received the 97-98 Caller Times Best ofthe Best Readers Choice Award. (l~ualifies - Homebuilder) (2-16-00) Paul Tortes CPA, Serf-Employed. Member of Texas Society of CPA's and American Management Association. (Qualifies - Community at Large) (6/06/97) 209 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET APRIL 30, 2000 ASSETS Cash and investments Due from U S Government Mortgages receivable Accrued interest receivable Due from Seawall Trust Fund Loan receivable Leasehold improvements (net of accumulated amortization) Investment in property (net of accumulated depreciation) Total assets Loan Program Special Project HOME Program Fund Fund Fund Total $1,114,718 $6,903 $159,408 $1,281,029 5,650 0 82,612 88,262 10,371,320 0 4,935,156 15,306,476 691 6,421 0 7,112 0 61,570 0 61,570 0 105,209 0 105,209 660,099 0 0 660,099 228,755 21,047 0 249,802 $12,381,233 $201,150 $5,177,176 $17,759,559 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Bank note payable Total liabilities Fund Balance: Reserved for WDC project Reserved for Kids in the Neighborhood Reserved for HOME program Reserved for mortgages Reserved for Seawall loan Unreserved Total~nd balance $545,931 $0 $901,294 $1,447,225 534,499 0 0 534,499 1,080,430 0 901,294 1,981,724 255,732 0 0 255,732 83,157 0 0 83,157 458,224 0 0 458,224 10,371,320 0 4,935,156 15.306,476 0 145,000 0 145,000 132,370 56,150 87,726 276,246 11,300,803 201,150 5,022,882 16,524,835 Total liabilities and fund balance $12,381,233 $201,150 $5,924,176 $18,506,559 210 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE NINE MONTHS ENDED APRIL 30, 2000 Revenues: Contribution from Federal Government Interest on loans Interest on investments Rental income Miscellaneous Total revenues Loan Program Special Project HOME Program Fund Fund Fund Total $0 $0 $1,510,591 $1,510,591 70,095 0 20,120 90,215 26,182 6,447 393 33,022 70,733 0 0 70,733 3,086 0 0 3,086 170,096 6,447 1,531,104 1,707,647 Expenditures: Grants Warranty Work Community Development administration Loan processing Accounting services Interest expense Miscellaneous Accumulated amortization~ forgivable loans leasehold improvements Accumulated depreciation - building Total expenditures 42,421 0 371,907 414,328 55,127 0 350 55,477 0 0 25,661 25,661 0 0 67,559 67,559 0 0 19,876 19,876--- 31,337 0 0 31,33' 0 0 0 0 1,494 0 412,480 413,974 83,675 0 0 83,675 5,594 0 0 5,594 219,648 0 897,833 1,117,481 Excess of revenues over expenditures Other financing sources(uses): Operating transfers in(out): Transfer From Federal/State Grant Fund Transfer to Federal/State Grant Fund Total other financing sources(uses) Excess (Deficit)of revenues and other financing sources over expenditures and other uses Fund balances at August 1, 1999 (49,552) 6,447 633,271 590,166 0 0 0 0 (31,705) 0 0 (31,705) (31,705) 0 0 (31,705) Fund balances at April 30, 2000 (81,257) 6,447 633,271 558,461 11,382,060 194,703 4,389,611 15,966,374 $11,300,803 $201,150 $5,022,882 $16,524,83 211