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HomeMy WebLinkAboutAgenda Packet City Council - 11/21/2000 STAFF BOOK (UN .DO NOT REMOVE BOUND) CITY COUNCIL AGENDA orpus Christi November 21, 2000 1:45 p.m. Proclamation declaring the month of November, 2000 as "Alzheimer Disease Awareness Month" Swearing-in of newly appointed Board, Commission, and Committee membem. AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD NOVEMBER 21, 2000 12:00 P.M. PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council after the Presentations section. Please speak into the microphone located at the podium and state yourname and address. Yourpresentation wi//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 didgirse al Concilio y cree que su ingles es limitado, habr~ un int&rprete ingl~s-espa~ol en todas las juntas del Concilio pars ayudade. Tsons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact 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 Brother Rolland A. Kapsner, St. Joseph's Catholic Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tern John Longoria Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Arnold Gonzales Rex A. Kinnison Betty Jean Longoria _Mark Scoff City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa MINUTES: 1. Approval of Regular Meeting of November 14, 2000. (Attachment # 1) Agenda ._~Regular Council Meeting 3vember 21, 2000 · age 2 BOARDS & COMMITTEE APPOINTMENTS: (NONE) EXECUTIVE SESSION: (APPROXIMATELY 12:00 P.M.) 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 authorfzing 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 matters: Executive session pursuant to Texas Government Code Section 551.071 for legal advice regarding requested initiative and referendum on Ordinance No. 024270 designating a certain area within the jurisdiction of the City of Corpus Christi as a tax increment financing district to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," establishing a Board of Directors for such Reinvestment Zone, and other matters relating thereto, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding application to be filed with the Texas Natural Resource Conservation Commission by the San Antonio Water System, the Guadalupe-Blanco River Authority, the Nueces River Authority, and the San Antonio River Authority for necessary rights and permits to use surface water for the purpose of enhancing the recharge of the Edwards Aquifer, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding advertising on bus benches within City rights-of- way, with possible discussion and action related thereto in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda .JZegular Council Meeting /ember 21,2000 rage 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Executive session pursuant to Texas Government Code Section 551.071 regarding Larry Young et al v. City of Corpus Christi, Civil Action No. C-99-536, and Mary Collins et al v. City of Corpus Christi, Civil Action No. C-00-066, 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 enforcement of agreement with Calallen Independent School District (approved by City Council Motion No. M98-162 on May 12, 1998), with possible discussion and action related thereto in open session. SPECIAL CONSIDERATION ITEM: Reconsideration of Ordinance No. 024270 which designates a certain area within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," establishing a Board of Directors for such Reinvestment Zone. (Attachment # 3) Motion appointing City of Corpus Christi Board Member Representatives to Corpus Christi Reinvestment Zone No. 2 Board of Directors. (Attachment # 4) Discussion regarding the conversion of Nueces County Rural Fire District No. 1 to a Nueces County Emergency Services District No. 1, with possible action related thereto. (No Attachment) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se difige a la junta y cree que su ingles es limitado, habr~ un interprete ingles-espa~ol en la reuni6n de la junta para ayudade. Agenda Regular Council Meeting ._.November 21, 2000 ~ge 4 PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. EXPLANATION OF COUNCIL ACTION: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 The following items are of a reutine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Ordinance appropriating $9,312 of interest earnings in the No. 3160 Capital Improvements Project Fund for the City Hall Roof Repair and Maintenance Project; amending Ordinance No. 024130 which adopted the FY00-01 Budget, to increase appropriations by $9,312 in the No. 3160 Capital Improvements Project Fund. (Attachment # 6) Motion authorizing the City Manager or his designee to execute a construction contract with Southwest Standard Construction Company, Inc., for a total fee not to exceed $17,946 for the City Hall Roof Repair and Maintenance Project. (Attachment # 6) Agenda R~,~qular Council Meeting ' ~mber 21, 2000 ~- ,.~je 5 7.5. Ordinance appropriating $84,650 from ClearSource in the No. 1020 General Fund for the Leopard Street Fiber Optic Conduit Project; amending Ordinance No. 024130 which adopted the FY00-01 Budget, to increase appropriations by $84,650 in the No. 1020 General Fund. (Attachment # 7) Motion authorizing the City Manager or his designee to award a construction contract in the amount of $84,850 with V.C. Huff, Inc. for the Leopard Street Fiber Optic Conduit (Staples to Kennedy) project. (Attachment #7) 8.a. Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the architectural contract for construction phase, testing and other services in the amount of $420,940 with M. Arthur Gensler, Jr. and Associates for the Corpus Christi International Airport Terminal project. (Attachment # 8) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10. 11.a. Motion authorizing the City Manager or his designee to execute a contract for project liaison and inspection services in the amount of $196,400 with Anderson Group Construction Management for the Corpus Christi International Airport Terminal project. (Attachment # 8) Motion authorizing the City Manager or his designee to execute Change Order No. 1 with Fulton Construction/Coastcon, A Joint Venture, in the amount of $56,026.58 to construct a vehicle by-pass through the short-term parking lot in association with the Corpus Christi International Airport Terminal Construction project. (Attachment # 9) Motion authorizing the renaming of the Garden Center to the Garden Senior Center and waiving the 60-day waiting period and legal notice. (Attachment # 10) Motion authorizing the City Manager or his designee to execute an agreement with the Minority Business Opportunity Committee to provide $25,000 from the FY00-01 Weed and Seed Program to implement a Youth Works Program. (Attachment # 11) Agenda ,~_.Regular Council Meeting 'ovember 21, 2000 .-age 6 ll.b. 11.c, 11.e, 11.f. 11.g. 11.h. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion authorizing the City Manager or his designee to execute an agreement with Fighting to Rid Gangs in America Foundation to provide $20,000 from the FY00-01 Weed and Seed Program to implement a Leadership Enhancement and Achievement Development Program. (Attachment # 11) Motion authorizing the City Manager or his designee to execute an agreement with the City of Corpus Christi, Code Enforcement and Community Policing Division to provide $20,000 from the FY00-01 Weed and Seed Program to implement an emergency boarding up of vacant buildings with illegal activity. (Attachment # 11) Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $20,000 from the FY00-01 Weed and Seed Program to implement a Super Summer Sports Program. (Attachment # 11) Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $15,400 from the FY00-01 Weed and Seed Program to implement a Transportation Program for youth recreation. (Attachment # 11) Motion authorizing the City Manager or his designee to execute an agreement with West Oso Elementary School to provide $15,255 from the FY00-01 Weed and Seed Program to implement a Summer Time Fund Center Program, effectively incorporating community programs, recreation, education and social services. (Attachment # 11) Motion authorizing the City Manager or his designee to execute an agreement with South Texas Institute for the ,Arts to provide $10,000 from the FY00-01 Weed and Seed Program to implement Prevention through the Arts programs. (Attachment # 11) Motion authorizing the City Manager or his designee to execute an agreement with Gulf Coast Council of La Raza, Inc. to provide $25,000 from the FY00-01 Weed and Seed Program to implement an Education Enhancement Program. (Attachment# 11) Agenda .__Regular Council Meeting 3vember 21, 2000 ,-age 7 12.a. 12.b. 13. 14.a. 14.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 an agreement with the Boys and Girls Club of Corpus Christi to provide $20,000 from the FY00-01 Weed and Seed Program to implement a Teen Program with a special emphasis on gang prevention. (Attachment # 11) Motion authorizing the City Manager or his designee to accept grant funding in the amount of $57,909 from the Texas Department of Transportation to implement an Intersection Traffic Control Selective Traffic Enforcement Project (STEP) within the Police Department and to execute all related documents. (Attachment # 12) Ordinance appropriating $57,909 from the Texas Department of Transportation in No. 1050 Federal/State Grants Fund for funding to implement an intersection Traffic Control Selective Traffic Enforcement Project (STEP) within the Police Department. (Attachment # 12) Resolution authorizing the City Manager or his designee to apply to the Criminal Justice Division of the Governor's Office for a three-year $750,000 Title V Delinquency/Prevention Grant to enhance Municipal Court processing and tracking of status offenders and Juvenile Assessment Center case management services to at-risk youth. (Attachment # 13) Motion authorizing the City Manager or his designee to execute a fifteen-year lease agreement with the Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation to lease 4.23 acres of land known as Clara Driscoll Field. (Attachment # 14) First Reading Ordinance - Authorizing the City Manager or his designee to execute a fifteen-year lease agreement with Buccaneer Little League to sublease the Clara Driscoll Field from the City and in consideration of Buccaneer Little League maintaining the premises and improvements and operating its baseball program. (Attachment # 14) Second Reading Ordinance -Amending the Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses and Miscellaneous Provisions regarding Waterfowl Hunting and providing for penalties. (First Read ing - 11/14/00) (Attachment #15) Agenda ~._.Regular Council Meeting · ~vember 21, 2000 ,-age 8 L= 16. 17.a. PUBLIC HEARINGS: ZONING CASES: Case No. 0900-02, Virqil Hinojosa: A change of zoning from an "R-1 B" One-family Dwelling District to an "R-2" Multiple Dwelling District on Tract 1 and "B-I" Neighborhood Business District on Tract 2, being 5.44 acres out of a 234.24-acre tract out of the McKinzie 388.290- acre tract in Survey 411, located on the south side of Up River Road, approximately 2,250 feet east of McKinzie Road. (Attachment # 16) Planninq Commission's Recommendation: Approval of the "R-2" Multiple Dwelling District on Tract 1 and "B-I" Neighborhood Business District on Tract 2. Staff's Recommendation: Denial of the "B-I" District on Tract 2 and approval of the "R-2" District on Tracts I and 2. ORDINANCE Amending the Zoning Ordinance upon application by Virgil Hinojosa by changing the zoning map in reference to 5.44 acres out of a 234.24-acre tract out of the McKinzie 388.290 acre tract in Survey 411, from "R-lB" One-family Dwelling District to "R~2" Multiple Dwelling District on Tract 1 and "B-1" Neighborhood Business District on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. OMAHA STREET IMPROVEMENTS: Ordinance closing the public hearing on proposed assessments for improvements to the following highway in Corpus Christi, Nueces County, Texas: (Attachment # 17) Omaha Drive Improvements Omaha Drive - I.H. 37 to Leopard Street Imposing assessments totaling $126,982.07 against property abutting the improvements, affected railways, and property and railway owners; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assement CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda ..~Regular Council Meeting ~vember 21, 2000 · age 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) amounts and the corresponding liens and charges based on as-built conditions; specifying assessment payment terms and lien enforcement measures. 17.b. Motion authorizing the City Manager or his designee to award a construction contract in the amount of $898,763 with Asphalt Paving and Construction Company for the Omaha Street Improvements. (Attachment # 17) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 18. First Reading Ordinance - Granting a one-year franchise extension to Central Power and Light Company for provisions of light, heat, and power. (Attachment # 18) 19. Ordinance authorizing the City Manager to execute a lease agreement with Noble Food Service, Inc. to provide concessions services at the Bayfront Plaza Convention Center and Memorial Coliseum for the period beginning at 3:01 a.m. on January 1, 2001, to January 1, 2002; (at the Bayfront Plaza Convention Center, Noble Food Services shall pay the City 31 percent of gross receipt on all mixed drinks and wine sales and 41 pement of gross receipts on all beer and all nonalcoholic beverages and food sales; at Memorial Coliseum, Noble Food Service shall pay the City 49 percent of gross receipts on all beer sales and 42 percent of gross receipts on all nonalcoholic beverages and food sales; Noble Food Service shall also pay the City 80 percent of gross receipts collected from subcontractors for the sale of novelties in the facilities [t-shirts, caps, pictures souvenirs, etc.] and 5 percent of gross receipts when Noble Food Services acts as a retailers selling novelty items). (Attachment # 19) 20.a. First Reading Ordinance - Amending the "First Amended Lease between T-Head Marina, L.C., on the Lawrence Street T-Head and the City of Corpus Christi - Restaurant/Patio Bar" approved by Ordinance No. 022999. (Attachment # 20) 20.b. First Reading Ordinance - Amending the "First Amended Lease between Marina Fuel and Charter Boat Company. L.C., on the Agenda _.Regular Council Meeting 'ovember21,2000 ?age 10 21. 22. 23. 24. 25. 26. -27. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Lawrence Street T-Head and the City of Corpus Christi Fuel Station" approved by Ordinance No. 022998, (Attachment # 20) Resolution adopting the City of Corpus Christi's Legislative Program for the seventy-seventh session of the Texas Legislature. (Attachment # 21) PRESENTATIONS: Public comment will not be solicited on Presentation items. GBB, (Gershhaamn, Brickner & Bratton, Inc.) Solid Waste Management Consultants Presentation and recommendation to increase efficiency and reduce costs in the collection of solid waste and recyclables in Corpus Christi and J.C. Elliott Landfill revenue report (Attachment # 22) Commission on Children and Youth (Attachment # 23) 78415/CYD Program (Attachment # 24) Expansion plans for the South Texas Institute for the Arts REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS P. ADJOURNMENT: Agenda ..~Regular Council Meeting ~vember 21, 2000 . age 11 POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3:00 p.m., November 17 ,2000. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Armand~ Cr~a~a 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. AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD November 21, 2000 12:00 P.M. SUPPLEMENTAL AGENDA ITEM Public notice is hereby given that the following item is being added to the City Council agenda of November 21, 2000: M. Regular Agenda 20.c. ORDiNANCE AUTHORIZiNG THE CITY MANAGER, OR DESIGNEE, TO TERMINATE THE FUEL STATION LEASE AND FIRST AMENDMENT THERETO WITH THE MARINA FUEL & CHARTER COMPANY, L.C. AT THE LAWRENCE STREET T-HEAD AUTHORIZED BY ORDINANCE NUMBER 022066 ON OCTOBER 14, 1994 AND ORDiNANCE NUMBER 022998 ON JULY 22, 1997, AND TO ENTER iNTO A FUEL STATION LEASE AGREEMENT WITH A TERM NOT EXCEEDiNG TWELVE MONTHS WITH THE MARINA FUEL & CHARTER COMPANY, L.C. AT THE LAWRENCE STREET T-HEAD. POSTING STATEMENT: This supplement to the November 21, 2000 agenda of the City Council was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard at 5:20 p.m., November 17, 2000. Armando Chapa City Secretary CITY COUNCIL 1999 PRIORITY ISSUES: CONTINUE "AS IS" Improve Basic Services: Trash, Brush, Debris Improve Basic Services: Street and Road Maintenance Improve Basic Services: Animal Control Improve Basic Services: Quality Water Improve Basic Services: Lighting Stormwater / Drainage Northside Plan Residential / Community Park Development Capital Improvements / Bond Issue Airport Improvements Street Assessment Golf Course Youth Crime Initiatives Environmental Compliance Development Center Community-Oriented Policing 1999 PRIORITY ISSUES: CONTINUE WITH REVISIONS Privatize Services · Explore additional oppommities Crime Control District Initiatives · Address budget concerns and the ability to fund the program for the long-term Bayfront Development Plan · Continue to vigorously pursue development in the Bayfront Arts & Sciences Park area · Continue coordination / collaboration among entities in the area Improve Basic Services: Park Maintenance · Prepare / repair facilities · Evaluate current facilities for improvement priorities · Identify undeveloped park land for possible sale · Consider outsourcing neighborhood park maintenance to Neighborhood Associations, with assurances of equity · Explore establishment of Adopt-A-Park program Animal Control · Ensure adequate staff and equipment · Establish a "Cooperative Veterinarian" program Economic Development · Participate with local and regional economic development initiatives (not necessarily with funding) Bayfront Convention Center Expansion · Modify plans or identify aitemative funding sources as a result of study NEW PRIORITY ISSUES FOR 2000 Internallssues Charter Revision · Tax Cap · Term Limits · Utility Transfers · Review previous Charter Commission's recommendations Improve Working Relationships with Other Taxing Entities · Invite to quarterly meetings · "Tax Summit" · Explore oppommities to share in tobacco settlement dollars Landscaping / Improvement of Entryway from Corpus Christi International Airport · Code enforcement Address Long-term Budgetary Issues · Reach agreement on a plan / philosophy · Acquire s0f~ware, ensure monthly requisitions and timely CAFR Legislative Issues Museum of Science and History Long-Range Plan Tax Increment Financing District (Packery Channel) ~ Long-range Strategic Water Planning Capacity External Issues ~: Metrocom mil [[] Crosstown Expressway Spaceport T Medical Campus £ong-range (after the Bond Issue) Downtown Development · Median improvement / landscaping · Plan for development of west end of downtown (First United Methodist Church to Memorial Coliseum) Hospitality Industry Development - Central City CC Beach Development Marina Development Development of Island, Post-Packery Channel Foreign Trade Zone Expansion Community-wide Visioning Process 1 CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 14, 2000 12:05 p.m. Mayor Samuel L. Neal Jr. Mayor Pro Tem John Longoria Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria Mark Scott* CiW Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Annando Chapa Recording Secreta~ Rachelle P. Ram6n Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Senior Pastor Rick Maim, Faith Temple, following which the Pledge of Allegiance to the United States flag was.led by Council Member Kinuison. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of October 3 l, 2000. A motion was made and passed to approve the minutes as presented. Mayor Neal opened discussion on Item 2, special election canvassing ordinance. City Secretary Chapa explained that the City of Corpus Christi held a joint election with Nueces County on November 7, 2000. He said each Council member was provided with the precinct- by-precinct election results, and the Mayor has envelopes for 104 precincts plus an extra one for the early votes containing the results submitted by the election judges. He said in order to canvass the results, the Council should compare the election judges' returns to the County Clerk's tabulation. Mayor Ne. al then proceeded with the canvassing of votes, beginning with the early votes. He also con/pa~ed the results from four precincts picked at random (Precincts 26, 78, 40, and 113). There were no discrepancies and no comments from the audience on the canvassing of votes. Mr. Chapa then polled the Council for their votes: (*Council Member Scott arrived at 12:13 p.m.) 2. ORDINANCE NO. 024269 Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; Minutes - Regular Council Meeting November 14, 2000 Page 2 adopting and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Go~?ales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: C. C. Bay Area Minority_ Business Qppommity Steerin~ Committee (MBOC~ Lamont Taylor (Reappointed) Rene Cantu Weed and Seed Steering Committee Peggy Beasley (Reappointed - Site 1) Patsy Panner (Reappointed - Site 2) Rev. Raymond Kiser (Reappointed) Eduardo Hinojosa (Reappointed) Gloria Perez (Reappointed) Fred Haley Mechanical/Plumbing Advisory Board Hector Baca Mayor Neal referred to the presentations on the day's agenda. The first presentation was regarding implementation of the 2000 bond issues. City Manager Gareia explained that several major projects were approved by the voters last Tuesday. He said staffhas been working on them for some time and now they are moving into the implementation mode because the projects are to be substantially completed in three years. Deputy City Manager Noe said that voters approved the following bond propositions: Proposition 1-street improvements- $20,776,000; Proposition 2-parks/museum improvements- $4,694,000; and Proposition 3-public safety improvements-S5,330,000. He said that during the November 21, 2000 meeting, the Council will consider a resolution authorizing the reimbursement of any funds that are spent in advance of the issuance of the bonds. Mr. Noe also said that the deadline for submissions by design consultants is November 17th, after which staffwill prepare recommendations for Council approval, with the design contracts to be approvedbeginning ia January 2001. Also in January, more detailed project schedules will be developed and interim financing will be identified, and the $30.8 million bond sale will be held on March 13, 2001. Mr. Angel Escobar, Director of Engineering Services, then referred to a detailed chart of the preliminary project schedules, which he described at length. He noted that there are 19 design contracts and 28 construction contracts. Mr. Garcia pointed out that those figures do not include the supply agreements and land acquisition where necessary. Mr. Escobar also responded to several Minutes - Regular Council Meeting November 14, 2000 Page 3 Council members' questions about specific aspects of the projects. Mr. Noe then discussed the two sales tax propositions which voters approved for repair of the seawall and construction of a multipurpose arens~ He said that on November 15, 2000 notice will be sent to the State Comptroller, who will notify vendors from January to March 2001 about the impending tax. Then on April 1, 2001 the two 1/8th cent sales taxes will be initiated, with the first receipts to be received in June. He said the general schedule for the seawall project is as follows: January 2001-amend the investigation contract to include design; September 2001-award the pilot program contract; September 2002 to January 2004-award four construction contracts; and January 2005-completion of the project. Council Members GonTales and Betty Jean Longnria asked about the possibility of small and minority contractors participating in the seawall project, and a discussion ensued. Mayor Neal pointed out that an advisory committee consisting of minority contractor representatives has been formed to provide input to the city's Engineering Depa~httent about that issue. City Attorney Bray added that the disparity study that was conducted determined that there was not a basis to do mandatory quotas, but they suggested several other things that the city is in the process of doing. Mr. Noe said the general schedule for the arena includes selection of the design team in January 2001; award of the coustmction conuaet in January.2002; and actual cousmaetion from June 2003 to January 2004. Dr. Go, Tales also asked for more specific information about parking and traffic issues in the area of the arena and convention center, and the authority of the 4A Board in overseeing the funds for the arena project. Mr. Scott said, he wanted the RTA and the Port to be involved in some capacity, and a brief discussion ensued. Mayor Neal called for a brief recess. Upon reconvening, Mayor Neal called for petitions fi.om the audience. Ms. Gall HoFnnan, Mr. David Engel, and Mr. Sam Beecrofl of Forward Corpus Christi thanked the Council and city staff for their support of the bond and sales tax propositions, of which five out of six were approved by the voters. Ms. Hoffinan noted that the Council had determined that the propositions should be listed separately on the ballot, which aided in their successful passage. Mr. Beecroft said this Council will be remembered in Corpus Chrisfi's history for their efforts. Mayor Neal:said the volunteer members of Forward Corpus Christi were also very instrumental in the success of the election. Mr. Ernest Garza, 10201 Leopard, congratulated the Council for the passage of the propositions. He said he is a certified public accountant and a contractor, and he asked the Council to consider breaking up the contracts to ensure that local contractors will be able to participate. He also said the Nueces County Rural Fire Prevention District's proposal was approved by the voters. He said they are working to obtain more equipment to bring down the ISO rating for insurance Minutes - Regular Council Meeting November 14, 2000 Page 4 purposes both inside and outside the city limits, and he asked for the city's cooperation in that effort. Mr. Isidore Salazar, 5626 King Trail, thanked the Council members who attended the Hispanic Contractors Association conference. He said they want to maximize local contractors' participation in construction projects. Mr. J.E. O'Brien, 4130 Pompano, read a resolution passed on November 6, 2000 by the Executive Committee of the Corpus Christi Taxpayers Association. The resolution was regarding the effort of VFW Post 3837 to donate and dedicate a flag pole and flag to the Northwest Senior Center. The resolution stated that Mr. Tony Cisnems, Director of Park and Recreation, misstated city policy regarding that incident. Mr. O'Brien said the Executive Committee voted unanimously to recommend that Mr. Cisneros be terminated based upon the facts presented by the members of the VFW Post involved, and that appropriate policies be implemented. Mr. Jack Gordy, 310 Norton, discussed illegal advertising and he referred to the agreement that the city has with the Regional Transportation Authority. He said the RTA has been violating the agreement. He also quoted from a letter the city received from the state in 1999 regarding admirfistration of the Highway Beautification Act, as well as other correspondence regarding illegal advertising. Mr. Jimmie Till, 6034 Lost Creek, said he hopes thitt as many Council members as possible remain on the City Council to ensure that the propositions are carried out. He also discussed the Veteran's Day ceremony held November 1 lth at Sherdll Park, which this year specifically honored female veterans. He said he would have liked female Ci~uncil members and staff to have been present. Council Member John Longoria said he was there representing the whole Council. Mr. Till added that Sberrill Park has been beautifully maintained by the Parks Depaxtment. Mr. Leon Perez, 904 Buford, said now that the bond issues have been approved, he wants to see how long it will take for them to be constructed. He also showed a copy of another local newspaper. Mayor Neal said the Council had just spent an hour discussing the implementation schedule for the bond projects. Mr. Ray Alien, of the Coastal Bend Bays and Estuaries Program, brought a check in the mount of $85,000 for the acquisition of 18 acres of wetlands and associated uplands on Rincon Channel on Corpus Christi Beach. He said the city has a working relationship with the Texas State Aquarium to ensure that those lands are protected. He said they look forward to many more successful.projects in the future. Council Member Colmenero pointed out that several people on Corpus Christi Beach are involved in that program. Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, thanked the voters who approved the six propositions. He said Proposition 3 will provide for a new fire station on Padre Island as well as improvements to existing fire stations, as well as a new drill and training tower that will be used for fire, EMS, and police lraining. He said the voters were able to become well educated about this election. Minutes - Regular Council Meeting November 14, 2000 Page 5 Mr. Abel Alonzo, 1701 Thames, also thanked the voters of Corpus Christi, in particular the voters on the westside. He said for whatever mason it is very hard to get voters on the westside out to vote, but they tm'ned out for this election. He thinks it started years ago with Mayor Neai promising to make the city's boards and commissions more inclusive. He said people have to have a sense of belonging to their community. Mr. Alonzo said in a few years the city will need another bond election, which will be necessary for the future of children here. Mr. Manuel Ugues, President of the Corpus Christi Hispanic Chamber of Commerce, thanked the Council and staff for working to inform voters about the bond electiora He said they will continue to work with them to implement the proposals. Mayor Neal opened discussion on Item 5, Padre Island tax increment financing (TIF) district. City Secretary Chapa said Council Members Garrett and GonTales would be abstaining from discussing or voting on this item. Assistant City Manager Tom Utter said the Council had a public hearing and first reading of the TIF on August 29th. He said Item 5.a. includes three specific amendments: deleting a lot of land described as Island Fairway Estates, Lot 10, Block 42; making grammatical changes in Section 8; and amending the third recital to more accurately reflect that a formal presentation has been made to the school district and a formal presentation is scheduled for the county. Mr. Utter said that since the first reading, staff has received several calls in favor of the project, and Congress has appropriated $1 million for the next phase. He said the U.S. Army Corps of Engineers is fight on schedule and they have issued a preliminary report stating that the project is technically feasible. He said if it proceeds as scheduled, construction should begin in late 2001 or early 2002. Mayor Neal called for public comments. Mr. J.E. O'Brien said he found several discrepancies in the consultant's report, and he referred to a column in the San Antonio Express-News entitled "Coastal TIF requires close assessment." The column noted that increased development also results in greater infrastructure expenses and the bond holders may have to pay junk bond interest rates. Mr. O'Brien said this issue should be placed before the voters. Mr. Jim Kayler, 2525 Rettth a member of the Flour BlufflSD Board, read a resolution that was pass~dby the board bn August 31, 2000 in support of the creation of the TIF on Padre Island. The resolution stated that FBISD should benefit significantly from increased tax revenues due to the growth of the school district's tax base as a result of the TH:. It also noted that FBISD is not expected to participate financially in the TIF. Ms. Lynda Schneck, 13513 Camino de Plata, discussed the success of the bond and sales tax proposals, including the large turnout of island residents at the polls. She said she believes the whole city will benefit from the formation of the TIF. Minutes - Regular Council Meeting November 14, 2000 Page 6 Mr. Jim Philomeno, 13546 Royal Fifth Court, pledged his support for the Packery Channel project. He said he and his wife operated retail businesses along both coasts of Florida, and they have seen how projects such as Packery Channel benefit not only the immediate area but adjacent cities and towns. Mr. Jack Gordy said he is against Packery Channel because it encourages development on Padre Island, which could be in the path of a hurricane. Ms. Gail Hoffman said last week the community took the first steps toward economic prosperity hem with the passage of the bond and sales tax initiatives, and there is another opportunity to do that with Packery Channel. She emphasized the importance of educating voters about the facts regarding the TIF. Mr. John Fisher, Vice President of the Board of the Padre Isles Property Owners Association (PIPOA), said they continue to support the formation of the TIF and the North Padre Island storm damage reduction and environmental restoration project. He said the integrity of the Padre Island seawall is critical to the island residents' safety. Mr. Gene Knight, Director of the PIPOA, said that among its attributes, the project is designed to bring gulf water into the residential canals, which will improve the water quality. Mr. Jim Kolter, 13705 Tajamar St., urged the Council members to replicate the success they experienced with the bond election by explaining to the citizens the pros and cons of the TIF. Mr. Charlie Eskridge, Director of Golf and General Manager at Padre Isles Country Club, said he started working there in 1971 and felt ail along that Padre Island had great developmental' potential. He said this is an oppommity to make sure the island's development benefits all of the citizens of Corpus Christi. Mr. Sandy Sanderson, 14810 Windward Dr., questioned who would be able to use the boat pass through Packery Channel, and he felt the consultants' income estimates were incorrect; consequently, he said he was opposed to the project. Ms. Denise Oouin, an island resident and business owner, said she fully supports the opening of Packery Channel. She believes it will improve the ecosystem within the Laguna Madre, and the city and the island would benefit from increased tax revenues and additional jobs. M~.' 'Mark Ray, 630 Bradshaw, said he was representing the Coastal Conservation Association, which supports Packery Channel and the formation of the TII:. He said they believe the project will improve the quality of life of Coastal Bend residents, including sports fisherman, and it will have a positive environmental impact on the bays. Ms. Becky Dumphy, Director of the Corpus Christi Apa, Unent Association, said they consist of 385 members who provide about 25,000 rental units city-wide. She said they urge the Council to Minutes- Regular Coun¢ilMeeting November 14,2000 Page 7 approve the Packery Channel project because it has the potential for tremendous economic growth in the community. Mr. David Cheek, CEO of the Corpus Christi Association of Realtors, said they remain solidly behind the Council's efforts with this project. Mr. Gary Graham, 15242 Isabella, said he has lived on the island for 27 years. He said this project will provide many benefits, not only to island residents but to all the citizens. In addition, the elevation of JFK Causeway will allow island residents and visitors to evacuate in case ora hurricane. Mr. Randy Farrar, 5417 Whitemarsh, thanked the Council for finding a way to develop Packery Channel that will not cost the taxpayers money. He said this project will provide much- needed jobs and economic growth to the area. Mr. JeffFrohm, 13501 Royal Fifth Court, said he is a business owner and Vice President of the Padre Island Business Association. He said that Nueces County Commissioner Joe McComb commissioned a study several years ago which determined that approximately 85% of the non- commercial, recreational vessels using the ship channel could use Packer] Channel. He said despite the failure of the economic development sales tax iaitiative, this project could be a way to further economic growth without a tax increase. Mr. Gene Guernsey, 14302 Cruiser, said local business owners and residents will benefit from the Packery Channel project. He said Padre Island has the potential to develop in the same way that the city of Keemah near Galveston has. He urged the Council's and community's support. Mr. CliffZarsky said Padre Island has potential that has not been fully developed. In addition, several young people are moving away from Corpus Christi due to a lack of adequate jobs. He believes everyone will benefit from Packery Channel's development. Mr. Chapa polled the Council for their votes as follows: Motion to amend prior to Second Reading ordinance designating a certain area within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," establishing a board oi: al]rectors for s/~ch reinvestment zone, and other matters relating thereto, as approved on First Reading August 29, 2000, by reducing the total area from 1,930.3 acres to 1,930.08 acres, and making language corrections to Section 8 and the third recital. The foregoing motion passed by the following vote: Neai, Colmenero, Kinnison, B. Longoria, and Scott voting "Aye"; Garrett and Gonzales abstaining; Cooper and J. Longoria absent. Minutes - Regular Council Meeting November 14, 2000 Page 8 5.b. ORDINANCE NO. 024270 Designating a certain area within the jurisdiction of the City of Corpus Christi as a tax increment £mancing district to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," establishing a Board of Directors for such Reinvestment Zone, and other matters relating thereto. The foregoing ordinance passed on second reading, as mended, by the following vote: Neal, Colmenero, Kimxison, B. Longoria, and Scott voting "Aye"; Garrett and Gon?a!es abstaining; Cooper and J. Longoria absent. Mayor Neal opened discussion on Item 6, waterfowl hunting. Mr. Michael Gunning, Director of Planning and Development, explained that based on complaints fi.om Padre Isles residents, the Council directed staffto review the city code concerning hunting in the Laguna Madre. He said the current code allows hunting of waterfowl in the Laguna Madre except for a 400-foot buffer area along the shoreline. Mr. Gurming said meetings were held with Councii'Member Scott, Padre Isles residents and representatives fi.om the PIPOA, Ducks Unlimited, Texas Parks and Wildlife, and U.S. Fish and Wildlife. As a result, there was concurrence to do the following: resolve the conflict of waterfowl hunting near residences; create a larger "no hunting" distance from residences without eliminating the hunting of waterfowl in the Laguna Madre entirely; legalize the hunting of waterfowl in Corpus Christi and Nueces bays that is already occurring; develop a signage program with assistance from local groups to clearly delineate "no hunting" areas on the water; and recognize that voluntary compliance is ultimately the key to conflict resolution since enfomeability is difficult. Mr. Gunning said staff concluded that non-residential occupied structures (commercial, institutional and industrial) should also be buffered from hunting activities, and the ordinance should be amended in such a way to avoid conflicts with waterfowl hunting and future development without having to revise the ordinmlce at~er the fact. He also showed photographs of the areas in question. Mayor Neal called for public comment. Mr. Jerry McCracken said he is a member of the PIPOA Board and a resident of Commodo. re.'s Cove, where much of the duck hunting is occurring. He said the proposed amendments will provide for additional safety of the residents. Mr. Gene Knight described an incident which demonstrated how close hunters have been to residences in the Laguna Madre. He said city staff and residents have been working on this issue for about nine months and he feels it is advantageous to all. He added that the PIPOA will pay for the signs at each end of the area so there will not be any direct cost to the city. Minutes - Regular coUncil Meeting November 14, 2000 Page 9 Ms. Molly Trice, a resident of Commodore's Cove, said she is not against duck hUnting but she expressed concern about safety and noise caused by nearby duck hunting. Council Member Garrett said this amendment is way overdue, and he asked if the areas will be clearly marked. Mr. Gunning replied that they will focus on the areas where hunters are kaown to be and at the entrances to Padre Isles. He also discussed the issue of enforcement. Council Member Scott said this proposal actually opens up a large area that previously was not legalized for hunting. Council Member Go~?ales asked about time restrictions, which Assistant City Attorney Jay Reining said is regulated by federal law. City Secretary Chapa polled the CoUncil for their votes: 6. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses and Miscellaneous Provisions regarding Waterfowl HUnting and providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, GonTa!es, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal referred to Item 23. Dr. Go,?ales m~de a motion, which was seconded and passed, to remove from the table and open the public hearing on the following zoning ease: 23. Case No. 0900-05. Supchai and Mai Ho Chanyarifik: A change of zoning from an "R-lB" One-family Dwelling District to a"B-IA" Neighborhood Business District on Hart Addition, Block D, being 0.895 acre out of Lot F, located on the north side of Leopard Street, approximately 200 feet west of Hart Road. Mr. Gunning said this case was originally heard by the CoUncil on October 24, 2000, when it was tabled. He said staffmet with the applicant and they developed three options to the requested "B-lA" zoning, which he described. He said both the applicant and the neighbors prefer Option 2, which is denial of the "B-IA" and in lieu thereof approval of"AB" zoning with a special permit for limited retail uses subject to a site plan and six conditions. He said staffalso wished to add the words "building elevations" following the words "site plan" in that option. No one spoke in opposition to the zoning case. Dr. Gonzalas made a motion to close the public hearing, seconded by M_rs. Longoria, and passed (Scott absent). Dr. Gon?ales made a motion to amend Item 23 to incorporate Option 2 with the words "building elevations." The motion was seconded by Mr. Kinnison and passed (Scott absent). Mr. Chapa polled the CoUncil for their votes: ORDINANCE NO. 024281 Amending the Zoning Ordinance upon application by Supchai and Mai Ho Chanyarlak by changing the zoning map in reference to 0.895 acre out of Lot F, Block D, Hart Addition, Minutes - Regular Council Meeting November 14, 2000 Page 10 from "R-IB" One-Family Dwelling District to "AB" Professional Office District and by granting a special permit for limited retail uses, subject to a site plan, building elevations, and six (6) 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: Neal, Colmenero, Cooper, Garrett, Gon?ales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent. Mayor Neal returned to the presentations on the agenda, and the second presentation was regarding the Nueces Estuary diversion projects (Item 4). Mr. Ed Garagia, Water Superintendent, explained that the state water rights permit for Choke Canyon Reservoir requires the City of Corpus Christi to maintain a certain minimum level of freshwater inflows to the Nueces Estuary. That requirement is now carried out under an agreed order issued by the Texas Natural Resource Conservation Commission (TNRCC) in 1995. Mr. James Dodson, Deputy Executive Director of the Nueces River Authority, said that in 1997 the City of Corpus Christi and many surrounding co .mmunities were under Condition II of the drought management plan and there was concern that the ~ity--under the 1995 agreed order--was required to pass water through on occasion. Consequently, efforts were made to amend the agreed order so as to protect the city's water supply while also protecting the estuary. He said one of the concepts that has been investigated for years is the use of wastewater effluents in the Nueces Delta. He said the intention was to eliminate the requirement to pass through any inflows to the estuary whenever the reservoir system fell below 50% of capacity. He said the 1997 proposal was never incorporated into the agreed order due to concerns over liability issues associated with industrial effluent. He added that a substantial cost would have been involved. Mr. Dodson then described a demonstration project that has been ongoing involving the diversion of approximately two million gallons per day of treated wastewater effluent from the Allison Wastewater Treatment Plant to a wetlands area in the lower Nueces Delta. He said this demonstration project is being closely monitored to document the enhancements in productivity expected to occur in the area's wetlands system. He said this is the second year ora six-year study. Mr. Garafia and Mr. Bray responded to Council questions. Mr'. 'Michael Irlbeck, of the U.S. Bureau of Reclamation, discussed the Rincon Bayou demonstration project. He said that in 1992 a consortium of local, state, and federal entities began looking into the issue of putting fresh water back into the Nueces Delta, which consists of 20,000 acres northwest of Corpus Christi. Mr. lrlbeck said the delta is regularly inundated with salt water from tides and periodically inundated with fresh water from flood events in the Nueces River. He noted that the delta provides a critical nursery habitat for many marine organisms. Minutes - Regular Council Meeting November 14, 2000 Page 11 Mr. Irlbeck went on to say that in a typical estuary, the highest salinity values are found in the ocean and bays, and the lowest values are found in the fiver and delta. Over the past several decades, the occurrence of freshwater inflow events into the Nueces Delta has been virtually eliminated. Specifically, since 1982, the Nueces R/vet has rarely attained the necessary elevation to significantly breach the fiver bank. Without freshwater inflow, the delta is no longer functioning as an estuarine ecosystem; rather, it is primarily a saline or hypersaline system and is much less productive. As a result, the delta has become a "reverse estuary" in that the highest concentrations of salt are in the upper delta rather than in the bay. Mr. Irlbeck said the objectives of the Rincon Bayou demonstration project were to increase the oppommity for fi-eshwater flow events into the upper Nueces Delta, and to monitor resulting changes in delta productivity. The U.S. Bureau of Reclamation purchased temporary (6-year) easements on 4,000 acres of private land and constructed two overflow channels and implemented a monitoring program. The Nueces overflow channel lowered the minimum flooding threshold of the river bank by about 5.5 feet. The second overflow channel was created within the interior of the delta to encourage the dispersion of freshwater to affect the largest possible area. From 1994-1999, said Mr. Iflbeck, the bureau collected measurements for hydrography, water column productivity, benthic organisms, and vegetation, which he explained. He noted that the amount of freshwater diverted into the upper delta Was in. creased by over 730%. As a result, the average salinity value was reduced from over 50 parts per thousand (ppt) to about 25 ppt. Also, the "reverse estuary" condition was largely corrected and a significant degree of estuarine function was restored. Mr. Irlbeck pointed out that over the years, the p~sence of the reservoirs has affected the delta's function but the demonstration project illustrated that there are opportunities to improve that function in the future. Mr. Irlbeck explained that the demonstration project was concluded in September 2000 and the Nueces overflow channel has been filled in. He said earlier this year the bureau worked with representatives of Texas Parks and Wildlife and U.S. Fish and Wildlife Service to extend the project in perpetuity. They met with the key landowners and reached an agreement in concept but not regarding the price of the land. He said there are opportunities to do the following: establish a permanent diversion project; proceed with further ecological study; integrate the information with the bay and estuary release schedules; and develop an adaptive management program. Mr. Doc[son, Mr. Irlbeck, and city staffthen responded to Council members' questions. In order to implement a permanent projech Mr. Irlbeek said private landowner agreements and a state permit for. the diversion 6-f water rights would have to be obtained. City Attorney Bray said with the information obtained, staffwould probably ask the TNRCC for no releases under 50% of reservoir capacity (similar to the 1997 attempt to amend the agreed order). Responding to additional questions, Assistant City Manager Ron Massey said they estimate that it would cost about $I million to $2 million to develop a permanent project in the delta, and the city would attempt to partner with another agency in that effort. Mr. Oarcia pointed out that the main objective is to renagotiate the city's water release agreement. Mr. Garafla briefly described the steps Minutes - Regular Council Meeting November 14, 2000 Page 12 staffwould need to take to proceed, including meeting with TNRCC staff and the Nueces Estuary Advisory Council. There was consensus of the Council for staffto proceed as discussed. The third presentation was regarding AT&T/TCI's and ClearSource's cable television construction and installation processes. Mr. Gordon Harp, representing AT&T Broadband Cable, referred to a handout given to the Council about their upgrade efforts. He noted that the Corpus Christi system is involved in a multi-year, 750-MHz upgrade that began in November 1999 with initial design and walkout, which is projected to be completed by 2002. At the end of this year, AT&T will have completed the upgrades in five of the 10 phases (550 miles). Mr. Harp said the UPG architecture will adhere to the following UPG guidelines: average orS00 homes per node; average of 40 to 50 nodes per hub; six amplifier cascades; six fibers to the node; standby powering ~ franchise requirements); 90 volt powering; and other specifications. Mr. Harp pointed out that this is not a rebuilding of the system but rather an electronic upgrade. He said the city's network layout will consist of.four distribution hubs and the main headend will be located at the company's main office at 4060 SPID. He said in the upgraded areas, 12 additional channels have been provided, with plans to provide more channels. Mr. Harp said AT&T's communications with its ~ustomers include direct mail postcards, door hangers, and expanding field, dispatch and customer service staffhours to include more evening shitks. He explained that the plan is to take the customers'signal down fxom 7 a.m. to 5 p.m. when AT&T is working on their area (node). He said occasionally constxuction work has extended past the 5 p.m. deadline, creating isolated service interruptions into the early evening. When that occurs, they dispatch their top field technicians and grant credit to customers. In addition, customers have expressed concern about the size and placement of pedestals. He said they are actively working with city staff and customers to resolve those concerns. Ms. Becky Weaver, General Manager of ClearSource in Corpus Christi, said they provide customers with door hangers seven to 10 days prior to their contractors going out into the neighborhoods, and then 48 hours prior to construction. Mr. Jim Reed, Director of Construction, referred to pictures of the company's pedestals, which usually are located on every other lot in the easement. He said they provide fiber to the neighborhood network and they utilize coaxial cable, which can only be run a certain distance before it requires amplification. Consequently, the company uses amplifier pedestals on the average of four within one mile of eonstmedon. R~sp~nding to Council members' questions, Ms. Weaver said that to date, ClearSource has close to 60 miles of underground work completed, of which 41 miles are located in rear easements and 19 miles are located in front easements, mostly on the main thoroughfares of South Staples, Saratoga, Weber and Airline. She said they follow the power lines wherever they are located--either aerial or underground. Minutes - Regular Council Meeting November 14, 2000 Page 13 Mayor Neal called for consideration oft.he consent agenda (Items 7-22). City Secretary Chapa stated that Item 14 was being withdrawn. Council members and audience members requested that Items 12, 16, 17, 18, 21, and 22 be with_held for discussion. Mr. Chapa polled the Council for their votes and the following were passed: Motion approving the purchase of 1,000 gallons of Malathion insecticide in accordance with Bid Invitation No. BI-0029o01 from Van Waters & Rogers, Inc., Corpus Christi, Texas for the amount of $22,740, based on low bid. The insecticide will be used by the Health Department, Vector Control. Funds have been budgeted in FY00-01. The foregoing motion passed by the following vote: Neal, Colmenem, Cooper, Garrett, Gonzales, Kin.nison, B. Longoria, J. Longoria, and Scott voting "Aye." Motion approving the purchase of computer network equipment from the following companies for the following amounts in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $165.,363. Funds are provided through the Juvenile Accountability Incentive Block Grant. Kent DataComm $56,445 Hart InterCivic $108,918 Gzand Total: $165,363 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Oarrett, Gonzales, Kinnison, B. Longoria, J. Longnria, and Scott voting "Aye." Motion authorizing the City Manager or his designee to execute a maintenance agreement with Cisco Systems, Inc. in the amount of $59,171.89 for twelve months of hardware and operating system maintenance based on sole source. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Motion authorizing the City Manager or his designee to execute a construction contract with JSJ Services, Inc. for a total fee not to exceed $28,140 for the O.N. Stevens Water Treatment Plant Pollywog Pond Bird Watching Sanctuary Improvements. Minutes - Regular Council Meeting November 14, 2000 Page 14 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 11. M2000-401 13.a. Motion authorizing the City Manager or his designee to execute Amendment No. 3 for Stage 2 services to the engineering contract in the amount of $1,640,814 with Smith, Russo & Mercer Consulting Engineers for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 2 and Wash Water System project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye." Motion approving the reimbursement application submitted by Aransas Cliffs Development Company, Ltd., developer of Lots 1-11 and 54-64, Block 16, Lots 1-6.and 59-64, Block 116 and Lots 14 and 54-64, Block 216, Port Amnsas Cliffs, for the installation of 83 linear feet of an off-site 10-inch PVC sanitary sewer collection line. :. The foregoing motion passed by the following ~te: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.b. ORDINANCE NO. 024272 14. Ordinance appropriating $14,441.84 in the No. 4220 Sanitary Sewer Collection Line Trust Fund to pay developer reimbursement request of Aransas CliffDevelopment Company, Ltd. for the installation of 83 linear feet of an off-site 1 O-inch PVC Sanitary Sewer Collection Line to develop Lots 1-11 and 54-64, Block 16, Lots 1-6 and 59-64, Block 116 and Lots 1-4 and 54-64, Block 216, Port Aransas Cliffs. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gortzales, I(innison, B. Longoria, J. Longoria, and Scott voting "Aye." 15.a. ~ Motion authorizing the City Manager or his designee to accept funding in the amount of Minutes - Regular Council Meeting November 14, 2000 Page 15 $14,655 from the Flour Bluff Independent School District E=MC2, 21a .Century Grant Program to provide a stxuctured after school and a one Saturday a month recreation program, in addition to a one time camping experience for junior high school youth. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye." 15.b. ORDINANCE NO. 024273 Ordinance appropriating $14,655 from the Flour Bluff Independent School District E=MC2, 21" Century Grant Program in the No. 1020 General Fund to provide recreational programs at Flour Bluff Junior High School. An emergency was declared and the foregoing ordinance passed: Ne, al, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longuria, and Scott voting "Aye." 15.c. RESOLUTION NO. 024274 19. 20. Resolution authorizing the City Manager or his designee to execute an Inteflocal Governmental Agreement with Flour Bluff Junio.r High School for the City to provide an afterschool program, a one Saturday a month recreation program, and a camping trip for school age youth 12 to 16 years of age in consideration for the payment of $14,655 and use of Flour Bluff Junior High School facilities. The foregoing resolution passed by the following vote: Neal, Colmenem, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ORDINANCE NO. 024278 Ordinance authori~in$ the City Manager or his designee to execute a non-exclusive lease with San Antonio M'rA, L.P., a Delaware l.imited Partnership, dba Verizon Wireless, by its sole general partner, Primeco Personal Communications, L.P., a Delaware Limited Partnership, for the installation of several low profile antennas at the airport to improve telecommunications signal strength within the airport terminal building, on a month to month basis, not to exceed 12 months, in consideration of payment of $150 per month. A~. emergency ~ns declared and the foregoing ordinance passed: Ne, al, Colmenem, Cooper, Garrett, Go~les, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five-year lease with Jesus J. Mondragon dba J&G Concessions for concession operations at the Greenwood Softball Complex located near the Intersection of Greenwood Drive and Gollihar Road, in Minutes - Regular Council Meeting November 14, 2000 Page 16 consideration for a variable rental rate of $100 to $350 per month which is determined in relation to the number of athletic teams registered to play two or more weeks per month. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 12, creation of a public beach at TA_MU-CC. Council Member Gonzales asked staff to give a brief description about this project. City Manager Garcia explained that the city owns a small tract of land (about 16,000 square feet) fronting Ocean Drive and the city will lease it to Texas A&M Urdversity-Corpus Christi for $I per year. Mr. Ray Hays, Vice President of TAMU-CC, said this is a research project through the Conrad Blucher Institute to restore the beach to its pre-1942 conditions. He said they believe this will be a great asset to the community. Mr. Utter referred to a picture of the beach area. Responding to Council Member Scott, Mr. Hays said the Texas General Land Office wants to make thi~ a model beach for accessibility issues. He added that there will be specific larger grain sand that will be macked in. City Secretary Chapa polled the Council for their votes as follows: 12.a. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a twenty-five year lease with Texas A&M University-Corpus Christi (TAMU-CC) of a 71,351.28 square foot tract of land constituting City owned right-of-way fronting Ocean Drive, constituting a portion of Ward Island, Corpus Christi, Texas, in consideration for the creation ofa pubtie beach and payment of an annual rental rate of one dollar. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Gan'eR, Gon?ales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12.b. ORDINANCE NO. 024271 Ordinance authorizing the City Manager or his designee to grant a temporary construction easement for a term of eleven months to Texas A & M University - Corpus Christi (TAMU- CC), going in, on, under, over, and along a certain 16,639.92 square foot tract of land fro.ming Ocean Drive, constituting a portion of Ward Island, Corpus Christi, Texas, in consideration for the creation of a public beach and payment of an annual rental rate of one dollar. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Regular Council Meeting November 14, 2000 Page 17 Mayor Neal opened discussion on Item 16, police grants. Responding to Council Member Gas-rea, Ms. Pat Eldridge, of the Police Department, said the grant specifies that drug seizure monies may be used as a cash match. City Secretary Chapa polled the Council for their votes as follows: 16.a. M2000404 Motion authorizing the City Manager or his designee to accept a grant in the amount of $333,115 from the U.S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY2000 Law Enforcement Block Grants program and to execute all related documents. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Oarrett, Oonzales, Kirmison, B. Longofia, J. Longofia, and Scour voting "Aye." 16.b. ORDINANCE NO. 024275 Ordinance appropriating $333,115 from the U.S. Department of Justice, Bureau of Justice Assistance in the No. 1050 Federal/State Grants Fund to pun:base law enforcement equipment for the Police Department; authorizing the transfer of $37,013 from the No. 6010 Law Enforcement Trust Fund to, and appropriating $37,013 in the No. 1050 Federal/State Grants Fund as the grant match. An emergency was declared and the foregoing ordirmnce passed: Neal, Colmenero, Cooper, GarreuR, GonTales, Kinnison, B. Longofia, J. Longofia, and Scour voting "Aye." Mayor Neal opened discussion on Item 17, Metropolitan Planning OrganiTation (MPO). In reply to Council Member Scott, the Mayor explained that the MPO voted to transfer the fiscal agent responsibilities from the City of Corpns Christi to Nueces County effective November 14, 2000. In order to do that, the city had to formally terminate those employees of the MPO who were on the .city's payroll and receiving city benefits. He said the voting members of the MPO are the mayors of the cities of Corpus Christi and Portland, the county judges from Nueces and San Patricio counties, the chairpersons of the Port and RTA, and the District Engineer from TXDOT. City Secretary Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 024276 Ordinance appropriating a $50,000 grant from the Texas Dap~xent of Transportation in the No. 1050 Federal/State Grants Fund for tranaportation planning and related activities by the Metxopolitaa Planning Organization through November 14, 2000; amending Ordinance 8127, as amended, Section 510, Executive Pay Plan, by deleting the classification of Tranaportafion Planning Director effective November 15, 2000; eliminating effective November 15, 2000 the following MPO-designated positions: one City Planner III, one City Planner II, one GIS Minutes - Regular Council Meeting November 14, 2000 Page 18 Systems Specialist, and one Executive Secretary. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 18, Law Enfomement Trust Fund. Responding to Mr. Garrett, Ms. Eldridge said that in March 2000 the Police Department submitted a budget of approximately $400,000 to appropriate for the drag fund, which is done every year. When it came time to appropriate those monies in July, there was not enough money in the account so only $140,000 was appropriated at that time. She said the deposits had been inadvertently placed in another trust account, which has been corrected. City Secretary Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 024277 Ordinance appropriating $245,310.30 fi:om the Unreserved Fund Balance in the No. 6010- 21130 Law Enforcement Federal Trust Fund and appropriating $213,442.70 from the Unreserved Fund Balance in the No. 6010-21120 Law Enforcement State Trust Fund for law enforcement equipment and related expenditures; mending the FY00-01 Budget, adopted by Ordinance No. 024130, to increase appropriations by $458,753 in the No. 6010 Law Enforcement Trust Fund. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, (3onzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 21, taxicab fares, and he called for public comment. Mr. Sterling Branscum, owner of Super Cab Company, said the current taxicab rates are $1.50 per mile and $1.50 "flag drop" (initial fee). Under the rate proposed by staff, the per mile rate would stay the same while the flag drop would increase to $2.00 and there would be a $1.00 fee for each additional passenger. He said the drivers are proposing that the flag drop be increased by 25 cents with a 25-cent increase per mile. He said they do not agree with the proposed $I.00 per extra passenger.rate. Mr. Branscum said the cab drivers have not had a cost-of-living increase in the last four years and they need a raise. City Manager Gamia said the Police Depa~hneut is responsible for overseeing the taxicabs. He said the local cab companies requested a review of the ordinance and suggested changes to the fees. Consequently, staff conducted a survey of other major Texas cities and their recommendation would keep Corpus Chrisfi's rates in the middle of the other cities' rates. Council Member Garrett expressed concern about the extra passenger fee, and Mr. Garcia said if the Council wished, staff Minutes - Regular Council Meeting November 14, 2000 Page 19 would delete that fee from their proposal. Responding to Council Member Colmenero, Mr. Branscum said the cab drivers' proposal for the per-mile increase will help them. Mr. Garcia said the $1.00 per-passenger fee was not part of staff's initial recommendation but was a compromise reached after discussions with the cab drivers. He said staffbelieves the mileage rate should stay the same as it currently is, while the flag drop should increase 50 cents to $2.00. Council Member Kirmison pointed out that curremly the ordinance provides for a 50 cent surcharge per fare collected fi-om one or more persons (not to exceed five people) who are picked up at the airport. He said he thought the cab drivers' proposal would result in much higher fares. Mr. Bob Bray, a driver with Super Cab Company, discussed the financial difficulties faced by cab drivers, as well as the strict requirements they must adhere to. He said they represent the city and should be compensated fairly. In reply to Council Member John Longoria, Assistant Police Chief Ken Bung briefly described the process staff used to arrive at their recommendation, adding that they felt it was reasonable. A discussion followed about specific cab fares. Mr. Bray of Super Cab reiterated the cab drivers' need for a raise. .. Dr. Gonzales made a motion to amend the ordinance to incorporate the cab drivers' recommendation of an increase of 25 cents per mile and 25. cents in the flag drop; seconded by Mr. Colmenero. City Secretary Chapa polled the Council and the motion failed to pass by the following vote: Colmenero, Cooper, GonTales, and B. Longoria voting "Aye"; Neal, Garrett, Kinnison, J. Longoria, and Scott voting "No." Mayor Neal made a motion to amend the ordinance to raise the flag drop charge to $2.50 and leave the other rates the same; seconded by Mr. Longoria. Mr. Gareia said if the Council adopts that amendment, the largest impact will be on the one-half aud one-mile trips, thereby raising the city's rates above that of other cities. Mr. Branscum said the flag drop increase will benefit the drivers with several calls per day but not the drivers who only make four or five calls per day (such as those who work at the airport or the downtown hotels). He reiterated the drivers' request of a 25 cent increase in the flag drop and a 25 cent increase in the per-mile rate. He added that he was not included in the cab owners' proposal so he helmed-the drivers ~rganize a petition to submit to the city. Mayor Neal withdrew his motion and said he would change his vote on Dr. GovTales' motion, thereby allowing the Council to reconsider Dr. Gonzales' motion. Mr. Gan'eR said he wished to change his vote as well. Mr. Chapa polled the Council on the motion to amend to an increase of 25 cents per mile and 25 cents in the flag drop. The motion to amend passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, and B. Longoria voting "Aye"; Kinnison, J. Longoria, and Scott voting "No." Mr. Chapa then polled the Council on the amended ordinance: Minutes - Regular Council Meeting November 14, 2000 Page 20 21. FIRST READING ORDINANCE Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-135, Fares--Amounts, to increase taxicab fares to $1.75 for the first one-fifth mile and thirty-five cents for each succeeding one-fifth mile; providing for penalties. The foregoing ordinance passed on first reading, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, and B. Longoria voting "Aye"; Kinnison, J. Longoria and Scott voting "No." Mayor Neal opened discussion on Item 22, TCI franchise extension. Council Member Colmenero said that in the course of the negotiations, he wanted the cable company to address the issue of DMX musical channel selections to include ethnic selections, and the exclusion of the LPTV channel from the roster. City Attorney Bray said the city can address broad parameters of programming, not individual programs.. He said they have looked at the low-power issue but they will follow federal legislation. City Secretary Chapa polled the Council for their votes as follows: 22.a. ORDINANCE NO. 024279 ' Granting to TCI Cablevision of Texas, Inc. an acceptance of an agreement relating to the cable television franchise granted in Ordinance No. 16133, as amended, to extend said franchise for six months in consideration of TCI providing a franchise fee payment to City of five percent and based upon consideration of requirements relating to the transfer of the franchise to Texas Cable Partners, L.P. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, GonTa!es, Kin_n_ison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett absent. 22.b. ORDINANCE NO. 024280 Authorizing the traasfer of a cable television franchise from TCI Cablevision of Texas, Inc. to Texas Cable Partners, L.P., subject to requirements. The foregoing oidinanee passed on second reading by the following vote: Neal, Colmenero, Cooper, Gon?a!es, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett absent. Mayor Neal opened discussion on Item 25, grant timetable. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting November 14, 2000 Page 21 25.a. ~ Motion adopting the timetable for the FY2001 Consolidated Plan/Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. The foregoing motion passed by the following vote: Neal, Cooper, Gonzales, Kinnison, B. Longoria, J. Longofia, and Scott voting "Aye"; Colmenero and Oarrett absent. 25.b. M2000406 Motion reaffirming Community Development Block Grant Program objectives and guidelines as previously adopted by the City Council on March 22, 1994 by Ordinance No. 021901. The foregoing motion passed by the following vote: Neal, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero and Garrett absent. Mayor Neal said he wished to defer Items 2~~ and 26 to next week's meeting. 24. POS~ONED 26. ~ Mayor Neal announced the executive sessions, pursuant to Texas Government Code Section 551.071 regarding the following: Item 27 - enforcement of agreement with Calallen Independent School District (approved by City Council Motion No. M98-162 on May 12, 1998), with possible discussion and action refated thereto in open session; Item 28 - legal ramifications of the conversion of Nueces County Rural Fire District No. 1 to a Nueces County Emergency Services District No. 1, with possible discussion and action related thereto in open session; and Item 29 - claims arising from water infiltration into City Hall and consequential effects thereof, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Minutes - Regular Council Meeting November 14, 2000 Page 22 Mayor Neal made the following motion, which was seconded by Dr. Gon?a!es: 29. ~ Motion authorizing the City Manager to execute an employment agreement with the law firm of Hunter and Handel to provide legal services to the City of Corpus Christi in connection with claims related to conditions created by city building water infiltration at the rate of $150 per hour. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, GonT_ales, B. Longoria, and Scott voting "Aye"; Kinnison and J. Longoria absent. Mayor Neal called for Council concerns and reports. Responding to a question from Mrs. Longoria, the Mayor said there will be a presentation at the next meeting regarding the Nueces County Rural Fire District No. 1. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:53 p.m. on November 14, 2000. ----~ NO ATTACHMENT FOR EXECUTIVE SESSIONS AGENDA MEMORANDUM TO: FROM: SUBJECT: DATE: Mayor Neal and Council Members Armando Chapa, City Secretary Reconsideration of Ordinance No. 024270 November 17, 2000 On Tuesday, November 14, 2000 the city council approved Ordinance No. 024270 which designates a certain area within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas", establishing a Board of Directors for such Reinvestment Zone. Attached is a letter filed in my office on November 15, 2000 by five registered voters requesting that the City Council reconsider Ordinance No. 024270 under the initiative and Referendum Proceedings of the City Charter. Article I, Section 4(e) of the City Charter states that if the council fails to take action to repeal said ordinance, the City Secretary shall furnish to the proponents petition pages for circulation among the registered voters of the city. Unless otherwise directed by the City Attorney, should the council decide not to repeal Ordinance No. 024270, I will provide the individuals requesting reconsideration petition pages for circulation. City Secretary To: Corpus Christi City Secretary November !.g-, 2000 In accordance with Article I, Section 4 of the Corpus Christi City Charter, this is a Statement of Intention to Circulate Petitions Calling for a Referendum on an Ordinance Designating a certain area within the jurisdiction of the City of Corpus Christi as a tax increment financing dis~ict to be known as "Reinveslment Zone Number Two, City of Corpus Christi, Texas", establishing a Board of Directors for such Reinves~ment Zone, and other matters relating thereto. The full text of the subject ordinance is attached as a part of this statement. It is requested that the City Secretary present this request for referendum to the city council at its next regular meeting for reconsideration of the subject ordinance. R/~istered Voters Commencing this Proceeding vo=~o~ ~o. ooq~ 7~ vo=~o~o. ~~~ ...................... .................................................... , ...... ? .......................... .,., ......................... ~, ................ there ~re ~ny que~ions or ~ments r~ing this ~ ~ I~ t~ ~i~l~ ~ ~lli~g fer FILED ..... William F. Kopecky 3609 Topeka Corpus Chdsti, Tx 78411 (361) 855-6869 bkope(~swbell.net Attachment: 4 CITY COUNCIL AGENDA MEMORANDUM November 14, 2000 AGENDA ITEM: Motion appointing City of Corpus Christi Board Member Representatives to Corpus Christi Reinvestment Zone No. 2 Board of Directors. ISSUE AND BACKGROUND: The Corpus Christi City Council held a public hearing on August 29, 2000 on the creation of the Corpus Christi Reinvestment Zone No. 2 and passed the necessary ordinance on first reading. Second reading of the ordinance was passed by the City Council on November 14, 2000. The next step for the City Council and the other taxing jurisdictions participating in the Reinvestment Zone is to appoint board members of the Zone. The City Council has the authority to appoint ten (10) board members. RECOMMENDATION: City staff recommends that the Council move forward at the Council meeting of November 21, 2000 to appoint the City board members in order that the Board may meet as soon as possible to begin the process to develop the funding agreements between the taxing jurisdictions, including the City of Corpus Christi and the Reinvestment Zone. The other taxing jurisdictions are being asked to either appoint their representatives or to waive their appointments. W. Thomas Utter Assistant City Manager 5 5 NO ATTACHMENTS FOR THIS AGENDA ITEM 6 AGENDA MEMORANDUM DATE: November 9, 2000 SUBJECT: City Hall Roof Repair and Maintenance - REBID (Project No. 4215) AGENDA ITEM: Ordinance appropriating $9,312 of interest earnings in the No. 3160 Capital Improvements Project Fund for the City Hall Roof Repair and Maintenance Project; amending Ordinance No. 024130 which adopted the FY 00-01 Budget, to increase appropriations by $9,312 in the No. 3160 Capital Improvements Project Fund; and declaring an emergency. Bo Motion authorizing the City Manager, or his designee, to execute a construction contract with Southwest Standard Construction Company, Inc. for a total fee not to exceed $17,946 for the City Hall Roof Repair and Maintenance Project. ISSUE: The City Hall roof leaks dudng times of heavy rain fall. At this time it is necessary to repair and re-surface the roof to extend the useful life of the existing roof. FUNDING: Funds for this project are available in FY 2000-01 Capital Improvement Budget and from the Facility Management and Maintenance Activity. RECOMMENDATION: Staff recommends approval of the motion as presented. ~'-~5~-'Angel R. Escobar, P. E., Director of Engineering Services Additional Su_o_oort Material: Exhibit "A" Background Information Exhibit "B' Project Budget Exhibit "C" Location Map Exhibit"D" Bid Tab Summary Page I of 1 H:'~HOM E~VELMAR~GEN~C~"CHALL~215'~AGEN DA.M MO BACKGROUNDINFORMATION SUBJECT: City Hall Roof Repair and Maintenance - REBID (Project No. 4215) PRIOR COUNCIL ACTION: 1. July 25. 2000 - Approval of the FY 2000-2001 Operating Budget (Ordinance No. 024130). 2. August 22. 2000 - Approval of the FY 2000-2001 Capital Improvement Budget (Ordinance No. 024162). PRIOR ADMINISTRATIVE ACTION: 1. Apdl 24. 2000. - Consultant Agreement with Hollis Porcher for a total fee not to exceed $1,600. BACKGROUND INFORMATION: City Hall was constructed between 1985 and 1988 with occupancy in May 1988. The roof was installed approximately 1987 and therefore, is approximately thirteen (13) years old. The roof cap sheet is mineral surface modified bitumen. The useful life of these types of roofs range from fifteen (15) to twenty (20) years without maintenance. By taking action now to repair and re-surface the roof we extend the useful life of the existing roof thus giving the City a twenty-five (25) to thirty (30) years usable life. In addition to extending the life of the roof, the City benefits by repairing some damaged areas of roofing and preventing some current water infiltration, thus stopping future water damage to the interior of the building. PROJECT DESCRIPTION: The project consists of providing all labor and materials necessary for the repair of base flashings, patching of roof membrane, repair of blisters, re-filling of pitch pans, replacement of a limited number of concrete roof tiles and adding step pads at roof doors; broom cleaning of all roof areas and coating all roof and base flashing with elastomeric emulsion extedor protective coating, all in accordance with the plans, specifications and contract documents. BID INFORMATION: The project initially bid on July 12, 2000 as a small project construction agreement. The project consisted of a Base Bid and one (1) Additive Altemate which included a complete re-coating of all roof surfaces and base flashings. The Iow bid for the Base Bid was $10,835 and the iow bid for the Additive Alternate was $5,950; for a total fee of $16,785. Staff rejected bids because the total fee exceeded $15,000. Staff canceled the small project construction project and re-bid it as a large project on October 25, 2000. Page 1 of 2 10 The City received proposals from three (3) bidders on October 25, 2000. The project consists of a Base Bid and the bids range from $17,946 to $63,000. Southwest Standard Construction Company, Inc. is the Iow bidder in the amount of $17,946. The bid submitted by C & G Enterprises of Corpus Chdsti, Texas is considered a Non- Responsive Bid because the bid security check was made out incorrectly. The company of Southwest Standard Construction Company, inc. has satisfactorily performed several jobs for the City. Therefore, the City's consultant, Hollis Pomher, and City staff recommend contract award of the Base Bid in the amount of $17,946 to Southwest Standard Construction Company, Inc. CONTRACT TERMS: The contract specifies that the project will be completed in 45 working days, with completion anticipated by the end of February, 2001. FUNDING: Funds for this project are available in FY 2000-2001 Capital Improvement Budget and from the Facility Management and Maintenance Activity. Page 2 of 2 11 CITY HALL ROOF REPAIR AND MAINTENANCE REBID Project No. 4215 Project Budget November 16, 2000 Funds Available: FY 2000-01 City Hall ClP Budget (540500-3160-500030) ..................................... $7,494.00 FY 2000-01 City Hall ClP Budget (550950-3160-110400) ..................................... 1,140.00 FY 2000-01 City Hall CIP Budget Interest Earnings (Fund 3160) .......................... 9,312.00 City Hall Facility Management and Maintenance (530000-5110-40300) ............... 4,707.60 Total ....................................................................................................................... $22,653.60 Funds Required: Construction (Southwest Standard Construction Company, Inc.) .......................... $17,946.00 Contingencies (10%) .............................................................................................. 1,457.60 Consultant (Hollis Pomher) .................................................................................... 1,600.00 Major Projects Activity ............................................................................................ 250.00 Facilities Management Activity ............................................................................... 500.00 Printing ................................................................................................................... 400.00 Advertising .............................................................................................................. 500.00 Total ....................................................................................................................... $22,653.60 Page 1 of 1 FTle : \Mproject\councilexhibit$ LOCATION LOCATION MAP NOT TO SCALE /'",..Park .-, / LOB) -- -- \ . ~~~ . ,~, ANTELOP: ~ -~ ~ ~ ~ ~ ~ CI~ HALL BLDG. ~arzc ~ uSS VICINITY ~ NOT TO S~E PROJECT No. 4215 EXHSBST CSTY H~L ROOF REPASR CZTY COUNCZL EXH~BZT D~ OF ~GINE~ING SE~C~ & ~$NTEN~CE REBZD PAGE: 1 of 1 C~ OF CORPUS CHRIS. ~ 13 DA~: 11-09-2000 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULAT.D BY: Angel R.Bscobar, P.B., Director of Engineering Services DATE, Wednesday, October 25, 2000 TIME OF COMPLETION: 45 Working Days I I Page 1 of 1 ENGINEER'S ESTIMATE, $18,0011 l (try Hall Root Repair & Maintenance Rebid Project No. 4215 L Southwest Standard Construction Co. Inc. 4431 Gollihar C.C., TX 78411 Port Enterprises Inc. P.O.Box 271482 C.C., TX 78427 •C&G Enterprises 7211 Dutton C.C., TX 78414 DESCRIPTION QTY. UNIT UNIT PRICE AMODNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT - '1'o fur,ish all labor and - 0.00 pmaterials, tools, and iecesss,y equipment, and to perform Lite work, at the locations set out by the ,.lane and specifications and in strict accordance :ith tLn cool fact L n't1lnu.0L e A56 BID: $17,946.00 $631,000.00 `$14,500.00 0.00 Init Price for each roof 0.00 file oyer 50 units installed 16.00 $15.00 $10.00 pion-Sesponsive Bin - min securiry .nets was nIeue w, anwu==u y. ORDINANCE APPROPRIATING $9,312 OF INTEREST EARNINGS IN THE NO. 3160 CAPITAL IMPROVEMENTS PROJECT FUND FOR THE CITY. HALL ROOF REPAIR AND MAINTENANCE PROJECT; AMENDING ORDINANCE NO. 024130 WHICH ADOPTED THE FY 00-01 BUDGET, TO INCREASE APPROPRIATIONS BY $9,312 IN THE NO. 3160 CAPITAL IMPROVEMENTS PROJECT FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $9,312 of interest earnings is appropriated in the No. 3160 Capital Improvements Project Fund for the City Hail Roof Repair and Maintenance Project. SECTION 2. That Ordinance No. 024130, which adopted the FY 00-01 budget, is amended by adding $9,312 to the No. 3160 Capital Improvements Project Fund. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) f'mds 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. Neai, Jr., Mayor APPROVED James R. Bray, Jr. City Attorney ,2000 By: Lisa Aguflar Assistant City Attorney 7 AGENDA MEMORANDUM November 15, 2000 SUBJECT: Frost Bank Building Fiber Optic Connection Leopard Street Fiber Optic Conduit (Staples to Kennedy) - Project No. 4229 AGENDA ITEM: a. Appropriating $84,650 from Clear Soume in the No. 1020 General Fund for the Leopard Street Fiber Optic Conduit Project; Amending Ordinance No. 024130 which Adopted the FY 00-01 Budget, to Increase Appropriations by $84,650 in the No. 1020 General Fund; and Declaring an Emergency bo Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $84,650 with V. C. Huff, Inc. for the Leopard Street Fiber Optic Conduit (Staples to Kennedy) project. ISSUE: The Frost Bank Building that will house the City Emergency Operations Center and other City Departments is not connected to the City's fiber optic system. Connection is necessary to allow computer communications with other governmental entities and City Departments. FUNDING: Funding is available from the appropriation ordinance. RECOMMENDATION: Staff recommends approval of the ordinance and motion as presented. --~'UC'Angel R'. Escobar, P.E. Director- Engineering Services 'Date Attachments: Exhibit A - Additional Information Exhibit B - Project Site Map Exhibit C -Bid Tabulation H:\HOM E\KEVINS\GEN\FROSTB LD~AWDFOPTI.MMO 17 ADDITIONAL INFORMATION BACKGROUND: The City executed a lease agreement with a purchase to option the Frost Bank Building located at 2402 Leopard Street. The lease agreement provides funding for build-out of the lease space. The City will initially occupy the fourth floor with the Emergency Management and Emergency Operations Center. The third floor will house the Fire Department Administration, Emergency Management Administration, and Fire Training personnel. The second floor will house Fire Prevention and the Local Emergency Planning Committee. The lease provides for the City to utilize 41,289 square feet of space until such time the City elects to exercise the pumhase option. The $500,000 provided by Frost National Bank for build-out improvements of the lease space is limited to use within the building. Equipment and offsite improvements must be funded by the City. The building is not connected to the City fiber optic system. The system provide for computer, e-mail, and other communications between City department and other agencies. The fiber optic system will allow the building to communicate with State agencies such as the Division of Emergency Management, Department of Public Safety, Govemor's Office, etc. PRIOR COUNCIL ACTION: May 30. 2000 - Authorization of a lease agreement with option to purchase with Frost National Bank (M2000-187). Ordinance appropriating $500,000 from the Frost National Bank lease purchase agreement (Ord. No. 024052). Authorization to execute a contract with Morgan Spear Associates, Inc. in the amount of $41,560 for architectural services associated with the Frost National Bank Lease Purchase Improvements (M2000- 168). PROJECT DESCRIPTION: The project consists of installation of three (3) 1-1/4 inch HDPE conduits on Leopard Street between Staples and Kennedy (approximately 5,300 I.f.). The conduit will be installed by means of directional boring. The project will include pull boxes, casings, and other appurtenances. BID INFORMATION: A total of two proposals were received on November 15, 2000, with bids ranging from $84,650 to $152,000 (see Exhibit D - Bid Tabulation). The qualified Iow bidder was V. C. Huff, Inc. of Corpus Christi, Texas. The engineer's estimate was $69,000. 18 IExhibit "A" I Page I of 2 CONTRACT TERMS: The contract specifies that the project will be completed within 20 work days after notice to proceed. BID RECOMMENDATION: V. C. Huff is an established company whose principals and employees are experienced with projects of this nature. They have successfully completed similar projects for the City. Approval of the motion as presented is recommended. Exhibit "A" Page 2 of 2 19 FTle : \Mproject\councilexhibits\ex~4229. dwg LOCATION ~4P NOT TO SCALE C~ty Project No. 4229 EXHIBIT ~" VICINITYBAP .EOPARD STREET FIBER-OPTIC CONDUIT ( Staples to Kennedy ) CITY OF CORPUS CHRISTI, TEXAS 20 DEPARTMENT OF ENGINEERING SERWCES CITY COUNCIL EXHIBIT PAGE: 1 of 1 _~.,-- DA~: 11-16-00 TABULATION OF BIDS Page 1 of 1 DEPARTMENT OF ENGINERRING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Escobar, P.R., Director of Engineering Services DATE: Wednesday, November 15, 2000 TINE OF COMPLRTION: 20 Norking Days ENGINEER'S ESTIMATE. $69,000 Leopard Street Fiber -Optic Conduit (Staples to Kennedy) Project No. 4229 V.C_Huff Inc. P.O.Box 9112 C.C., TX 78469 Masten North America P.O.Box 4044 C.C., TX 78469 QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT D85CRIPTION 0.00 0.00 To furnish all labor and materials, tools, and necessary equipment, and to ni perform the work required, J at the locations set out by the plans and specifica- tions, and in strict accordance with the contract documents TOTAL BASE BID: $84.650.00 $152.000.00 0.00 0.00 AN ORDINANCE APPROPRIATING $84,650 FROM CLEAR SOURCE IN THE NO. 1020 GENERAL FUND FOR THE LEOPARD STREET FIBER OPTIC CONDUIT PROJECT; AMENDING ORDINANCE NO. 024130 WHICH ADOPTED THE FY 00-01 BUDGET, TO INCREASE APPROPRIATIONS BY $84,650 IN THE NO. 1020 GENERAL FUND; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $84,650 is appropriated from Clear Source in the No. 1020 General Fund for the Leopard Street Fiber Optic Conduit project. SECTION 2. That Ordinance No. 024130, which adopted the FY 00-01 budget, is amended by adding $84,650 to the No. 1020 General Fund. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (I) 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 APPROVED ,~,!~,,¢~-.-,t.~.~~ [B~, 2000 James R. Bray, Jr. City Attorney By: Lisa Aguil~ Assistant City Attorney Samuel L. Neal, Jr., Mayor 22 AGENDA MEMORANDUM November 14, 2000 SUBJECT: Corpus Christi International Airport Terminal Construction AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the architectural contract for construction phase, testing and other services in the amount of $420,920 with M. Arthur Gensler, Jr. and Associates for the Corpus Chdsti International Airport Terminal project. Motion authorizing the City Manager, or his designee, to execute a contract for project liaison and inspection services in the amount of $196,400 with Anderson Group Construction Management for the Corpus Chdsti International Airport Terminal project. ISSUES: 1. The duration and extent of construction phase services required needs to be increased to address an additional six-months of construction activity. 2. Additional design issues emerged including: · modification of the wastewater collection system; · parking toll structures, · temporary baggage and Pease vehicle facility, · additional cost estimation; and · communication/security system extensions. 3. Engineering and materials inspection, laboratory, and testing services are required to ensure compliance with the plans and specifications. 4. The project complexity and importance dictates that part time resident inspection services be retained for the duration of construction. FUNDING: Funding is available in the Airport Capital Projects Fund, FAA Grants, and Passenger Facility Charges. Funding for the Wastewater Collection System modifications is available from the Wastewater Capital Project Fund (Commercial Paper). RECOMMENDATION: Approval of the Motion as presented. ~orge (~arza ~ irector of Aviation Foster Crowell Wastewater Superintendent ~,~ngel R. Escobar, P. E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Prior Council Actions Site Map Contract Summaries H:\HOME\KEVINS\GEN~AIR\NEWTE RM~aeamd3memo.doc 23 BACKGROUNDINFORMATION ADDITIONAL INFORMATION: M. Arthur Gensler, Jr. and Associates, Inc. (Gensler) was awarded the design contract for the Terminal Reconstruction and associated Terminal Apron projects on April 20, 1999. Council was advised at the time of the construction contract award that future Council action would be required to address construction phase services, inspection, materials testing and laboratory services. A/E AMENDMENT No. 3: The amendment provides: · additional construction phase services; · additional design services requested by the City; and · construction materials laboratory inspection and testing services. Construction Phase Services: The original contract was based on a construction duration of up to eighteen (18) months. The number of hours per week provided for amhitectural support dudng the construction phase was restricted to less than would normally be anticipated for a project of this complexity due to budgetary concerns. The construction contract as awarded requires construction to be completed within twenty-four (24) months. The proposed amendment provides an increased fee for construction phase services to address the additional construction time and level of effort that needs to occur dudng this project. Design Services: The City requested the architect to provide additional design services beyond the original scope. The additional design services include: · installation and relocation of the wastewater collection system; · parking toll plaza structure in lieu of toll booths; · design modifications to the temporary baggage and lease vehicle facility; · extensive evaluation of the cost impact of a range of matedal substitutions and bid alternates; and · communications and security design for the parking lot improvement project. Wastewater Collection System: The current wastewater lift station is located at the Terminal Building. A new wastewater lift station will be located at a remote site away from the Terminal Building. The site ultimately selected by the Aviation, Engineering, and the Wastewater Departments requires modification of the gravity wastewater collection system. While the site selected requires additional cost for modification of the collection system, it offers: · an easily accessible site for maintenance; · in the remote chance of failure of the lift station the impact on the Terminal is reduced; and · the possibility that Terminal users will be subjected to odors is minimized. H:\HOM E\KEVI NS\GEN~AIR\NEWTE R M\aeamd3bkgd.doc 24 lEXHIBIT A Page 1 of 3 Parking Toll Structure: The original scope provided for toll booths. The architect was requested to develop a larger parking toll structure that would be compatible with the Terminal Building. Temporary Baggage Claim/Lease Vehicle Facility: The modifications requested will allow the facility to be utilized as an air cargo facility when the new Terminal is opened. The incorporation of the modifications into the design prior to construction was less expensive than modifying the building in the future. Additional Cost Estimation: The efforts by the City to maximize the Terminal Building design could have easily resulted in bids in excess of available funding being received. The need to ensure that the design features desired by Council could be awarded required extensive meeting and cost estimations beyond those normally provided. The consultant evaluated the budgetary impact of a wide range of material substitutions and bid alternates beyond the contract scope. Communications and Security Services: The original design program provided for another firm to be contracted to extend communications and security systems to the parking lot. When negotiations reached an impasse, the design and interface of these systems was assigned to the architect for the Terminal project. Construction Materials Laboratory Inspection And Testing Services: These services were to be directly contracted by the City. During the process of contract negotiations, Airport staff determined that the City must use FAA selection procedures for construction materials and testing services. The use of FAA selection procedures for such contract is required only when the contract value exceeds $100,000. Contracting these services as an amendment to the architect's contract is acceptable to FAA as the architect was selected using FAA procedures. These services will be performed Professional Services Industries (PSi) as a sub- consultant to the project architect. PSi has a local office that will perform the material inspection and testing services. PSI has satisfactorily completed other contracts for the City. PSI has extensive experience with Corpus Chdsti International Airport and is familiar with FAA requirements. Project Liaison and Inspection: The complexity and importance of this project led to the decision that resident inspection services were required. The City's project management firm (DJMJ Aviation) was contracted to provide only specialty inspections. The decision to have the City provide required resident inspection services through a separate contract was made at the time the project manager contract was negotiated. The project management contract with DJMJ Aviation specifically provides for the City to provide or hire through a separate contract a resident inspector. Contracting for part-time resident project inspection services was best achieved through a local firm to eliminate per diem, travel and relocation expenses. A review of the IEXHIBIT A Page 2 of 3 H:\HOME\KEVINS\GEN~AIR\N EWTE RM~aeamd3bkgd.doc 25 availability of qualified firms and individuals resulted in the identification of Anderson Group Construction Management (AGCM). AGCM has available a highly qualified inspectodresident engineer that will be assigned to the project. AGC,M is familiar with the project having been retained by the project architect for cost estimation services. Those services are largely complete, and the performance of those duties is not deemed a conflict. Anderson Group personnel have successfully inspected and managed construction projects with local hospitals, colleges, and other institutions. 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 any change orders in excess of $25,000 that may be necessary dudng the project. 2. Award of a change order or construction contract for a new wastewater lift station and relocation of the gravity wastewater collection system. FUNDING: Funding is available in the Airport Capital Projects Fund. Funding for installation and relocation of the gravity wastewater collection lines is available in the Wastewater Capital Project Fund (Commercial Paper $37,000). BOARD/COMMITTEE REVIEW: The contract amendment and contract for inspection services were reviewed by the Airport Advisory Board. Approval of both contracts is recommended by the Board. IEXHIBIT A Page 3 of 3 H:\H OME\KEVINS\G EN~AIR\N EWTERM~aeamd3bkgd,doc 26 PRIOR COUNCIL ACTIONS Au.qust 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 CClA Terminal Building. (M99-105) July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No. 1, Terminal Building Reconstruction, Airport Project No. 2, Terminal Apron Construction, and Wastewater Project No. 22, Airport Lift Station Relocation. (Ord. No. 023703). 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 (CCTV) 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 authorizing the 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 re-construction, and lift station relocation projects at Corpus Christi International Airport. (M2000-153) Auqust 22, 2000 - Motion authorizing City Manager, or his designee, to execute a construction contract with Fulton/Coastcon in the amount of $16,472,000 for the Corpus Christi International Airport Terminal Construction project. (M2000- 292) EXHIBIT B ] 27 Page I of 1 H:\HOME\KEVINS\GEN~,IR\N EWTERM~aeamcl3exb.doc I*fle : \Mproject \ councflexh~b~t$ \ exh 1071L. OC. dwg '~% ~ San Patricio County ~ ~ ~ ~~-- ~ CHRISTI PROJECT LOCATION ; ~ ~ ~ %~ ~"'X~5~ NOT TO SCALE C~SAR CHAVEZ BL~, H~ 44 AGNES RD. ~ .,~ X ~N X ~--~ . AIRPORT EN~NCE N~ ~L~l-. ~ ~ co~c~ ~o~ SITE LOCATION NOT TO SCALE CZ~ PR~ECT No, PN- 1071 EXHZBZT "C" TER~ZNAL CONSTRUCTZON PBOG~ 2000 CZ~ COUNCZL EXHZB~T~ CORPUS CHBZSTZ ZNTERNATZONAL AZRPORT ~ o~ ~C~er/N~ S~C~S ~ F~ AlP 5-48-0051-28-00 PA~E: I o¢ 1 C~ OF CORPUS CHRIS~, TE~ 28 DA~: ~I-~5-2000 ~ CONTRACT SUMMARY - M. ARTHUR GENSLER AMENDMENT No. 3 CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL ll.B. CONSTRUCTION SERVICES II.G. 5. make necessary visits to the site(s) of the project, work in cooperation with the City Engineer and his/her representative (Project Manager) and contractor to observe the general progress and quality of work, and determine, in general, if the work is being done in accordance with the contract documents and in accordance with the quantities of work represented in current contractor requests for payment, ADDITIONAL SERVICES - Wastewater Lift Station Collection System Relocation - The Consultant will provide design services to relocate the sanitary sewer system to convey wastewater from the abandoned lift station to the new lift station Parking Toll Plaza Structure - The Consultant will develop a separate design package to be delivered to the City for inclusion in the Landside Parking Improvement project. Temporary Baggage and Lease Vehicle Facility - The Consultant has provided additional survey and design services associated with the loading dock and other improvements of the facility to permit the future use of the facility for air cargo, Additional Cost Estimation - The Consultant provided cost estimation services and attended meetings at the request of the City to evaluate the budget impact of a range of material substitutions and bid alternates beyond the original scope, Communications and Security Services - The Consultant has provided communications and security design services associated with the Landside Parking Improvement project. These services were completed. 10. Construction Materials Engineering Laboratory's Inspection and Materials Testing Services - The Consultant will, at the request of and for the convenience of the City of Corpus Christi, retain the services of a qualified construction materials engineering laboratory inspection and materials testing consultant (Lab). The Consultant will inspect and test materials and methods of construction for the project and provide documentation of inspection and test results. The Summary of Fees is attached on the following page. LExhibit D-1 J Page '1 of 2 29 Summar of Fees: Original Contract Tasks I Description Fee Basic Services II.A.1 Preliminary Phase 103,400 II.A.2 Schematic Design Phase 389,000 lI.A.3 Design - Construction Document Phase 1,192,000 II.A.4 Bid Phase 30,000 Basic Service Subtotal 1,714,400 Construction Services ll.B.1 Construction Phase 293,600 ll.B.2 Record Drawings 5,200 Construction Service Subtotat 298,800 Post Construction Services II.C Post Construction Phase 5,000 Post Construction Services Subtotal 5,000 Fixed Fee Total 2,018,200 Travel & Courier Charges 206,800 TOTAL 2,225,000 Amendment No. 1 G.1 Access Control & Security System 72,095 TOTAL 2,297,095 Amendment No. 2 G~2 Apron Expansion 110,100 G.3 Multi-Zone HVAC 18,900 G.4 Wastewater Lift Station Re-location 51,700 Amendment No. 2 Subtotal 180,700 TOTAL 2,477,795 Amendment No. 3 B.1 ~g Construction Phase 177,596 G.5 Wastewater LS Collection System Relocation 37,000 G.6 Parking Toll Plaza Structure 7,000 G.7 Temporary Baggage & Lease Vehicle Facility 21,000 G.8 Additional Cost Estimation 27,100 G.9 Communication and Security Services 16,400 G. 10 Construction Materials Engineering 134,844 Laboratory's Inspection & Materials Testing Amendment No. 3 Subtotal 420,940 TOTAL 2,898,735 Exhibit D-1 Page 2 of 2 30 CONTRACT SUMMARY - AGCM CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL CONSTRUCTION PROJECT CONTRACT FOR ASSISTANT PROJECT LIAISON/INSPECTION SERVICES The City of Corpus Christi, Texas, hereinafter called "City" and Anderson Group Construction Management, Inc. hereinafter called "AGCM", hereby agree as follows: PROJECT LIAISON/INSPECTION: 1. Level of Effort - AGCM will provide one part-time resident engineer/inspector for up to 2,080 total man-hours (based on a 24 calendar month construction period at 20 man-hours per week for a single shift 5 day work week). Project Liaison/Inspection services beyond 24 months or requiring expenditures in excess the authorized fee will be provided as directed by the City Engineer and be authorized in writing as separate amendment to this contract. It is mutually recognized that the number of hours of service provided each week will vary with the requirements of the construction project. 2. Direction - AGCM will work under the direction of the City Engineer while providing the liaison/inspection services under this contract. AGCM will work cooperatively with the Director of Aviation and project manager in assisting with the timely and successful completion of the project. 3. Permits, Insurance and Labor Affidavits - AGCM will assist the City's project manager when requested in monitoring the progress of the contractor(s) in securing required building permits, insurance, and labor affidavits. 4. Contractor Construction Schedules - AGCM will review and familiarize itself with the detailed construction schedule of the contractor and sub-contractors within the framework of the Project Manager's Master Schedule. 5. Contract Administration, Construction Phase Procedures, and Scope of Services - When requested, AGCM will assist the project manager, in accordance with City policies and FAA requirements, with coordination and communication among the project manager, AGCM, City, design professional(s), and contractor(s) and other appropriate parties in accordance with the City's objectives of time, quality, and costs. 6. Construction Site Meetings - AGCM will attend periodic construction site meetings when requested. 7. Coordination of Other Independent Consultants - AGCM will assist the project manager with coordination of technical inspection and testing, including field testing, provided by design professional(s), or other third parties retained by City. 8. Removal of Asbestos or any other Hazardous Material - The AGCM will only provide assistance in coordinating removal work, if any, with other ongoing activities. The AGCM will not be responsible for performing any asbestos or hazardous material administration, abatement, monitoring, management, removal, encapsulation, mitigation, or disposal activities. The AGCM will not be responsible for any failure of contractor(s), sub-contractors, design professionals, asbestos/hazardous material firms, or other third parties to adhere to any regulatory requirements. 9. Progress Payments - AGCM will make observations at the site and upon applications for payment by contractor(s), which will include certified payrolls, AGCM will review the payment request for accuracy and progress of the work and forward its recommendations concerning payment to the project manager. 10. Monthly Job Progress Report - AGCM will prepare a daily inspection reporat and a monthly progress report for submission to the project manager, in writing, on the status of job site progress. A copy of the report will be forwarded to the City Engineer, or his designee. Included in the reports will be AGCM's review of contractor's progress payment requests, a status report on all incomplete change orders, and an evaluation of the Program Master Schedule. The report will also discuss any disputes, conflicts, or claims relating to the project. The report will also note any actual or anticipated departures from the most recent pdor City-approved schedule of work. 11. Change Order Control - AGCM will assist the project manager with change order(s). 12. Shop Drawings - AGCM will familiarize itself with approved shop drawings for use during 31 Exhibit D-2 I Page 1 of 2 13. 14. inspections. Shop drawings, as used here, will include vendor's drawings, catalog cuts, manufacturer's literature, samples, mock-ups and other materials submitted by contractor(s). Design professional(s) will be the responsible parties for technical review and approval of shop drawings including, where appropriate, shop inspections and releases. Force Account - With regard to actual or claimed extra work by contractor(s) or design professional(s), in instances where a change order cannot be obtained pdor to the start of work, AGCM will assist the project manager in maintaining force account records on a daily basis to determine the actual cost and time extension required for the extra work. Commencement of work by either design professional(s) or contractor(s) will be at the respective contractor's and/or design professional's sole risk. AGCM will not be responsible for authorizing or approving such commencement of work. Claims - When requested, AGCM will assist the project manager with review the contents of any construction claim submitted. PROJECT CLOSEOUT: 1. Punchlist - AGCM will assist the project manager, and design professional(s) in the preparation of a list of incomplete or defective work (punchlist) pdor to final acceptance of the project. 2. Record Documents - AGCM will assist the project manager with coordination of record documents preparation and will expedite the transmittal of record documents to City. 3. Occupancy Permit - AGCM will assist City in obtaining any occupancy permits. 4. Administration of Testing and Start-up - AGCM will assist City in administering, supervising, and coordinating all materials and equipment testing, and will assist City as necessary in coordination and performance of start-up operations. 5. Final Payment - AGCM will, at the conclusion of corrective action of all punchlist items, to make a preliminary final inspection of the facilities and prepare a preliminary final inspection report for the project manager and design professional(s). The design professional(s) will review and approve this report after they inspect the facilities involved. SPECIAL SERVICES: The AGCM will complete the following services as part of the Special Services: D. Construction Recommendations - AGCM will provide input to the project manager and design professional(s) with respect to constructibility, construction cost, phasing of construction, expected construction durations of various building methods, and review of change orders. E. Inspection - AGCM will provide inspection on specialty items only as requested by the City, for items such as access control, security systems, baggage conveyors, and paging. F. Other Duties - AGCM will provide such additional services as directed by the City Engineer provided that no increase in the authorized fee is required. Duties requiring an increase in the authorized fee will be evidenced in writing as an amendment to this contract. I. FEE A. Fee for Basic Services Authorized. The City will pay the AGCM a fee not to exceed $196,400. The fee is based on an average project liaison/inspector effort of twenty (20) hours per week, an allowance for additional services beyond twenty hours per week, and out of town travel allowance not to exceed $5,000. Summary of Authorized Fees. Task No. Description Fee II.A-F Basic Services & Special Services $191,400 II.G Expenses $5,000 Total Fee $196,400 Exhibit D-2 Page 2 of 2 32 AGENDA MEMORANDUM November 14, 2000 SUBJECT: Corpus Christi International Airport Terminal Construction AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 with Fulton Construction/Coastcon, A Joint Venture, in the amount of $56,026.58 to construct a vehicle by-pass through the shor~-term parking lot in association with the Corpus Chdsti International Airport Terminal Construction project. ISSUES: Demolition of the canopy and contractor equipment will block up to two lanes in front of the Terminal Building creating traffic congestion if not addressed. FUNDING: Funding is available in the Airport Capital Projects Fund, FAA Grants, and Passenger Facility Charges. RECOMMENDATION: Approval of the motion as presented. ~:~rge ~arza ~? Assistant City Manager ADDITIONAL SUPPORT MATERIAL Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Prior Council Actions Site Map Project Budget E-~,~.,~ngel R. Escobar, P. E. Director of Engineering Services BACKGROUNDINFORMATION ADDITIONAL INFORMATION: The construction contract was awarded by Council on August 22, 2000. The initial work will include the phased demolition of the old Terminal Building including the canopy. The canopy extends across the two traffic lanes nearest the Terminal Building. Traffic will need to be re-routed and those lanes closed dudng demolition ofthe canopy. Additionally, the contractor will need to occupy at least a portion of the lane closest to the Terminal for the duration of construction. The traffic lane that will remain open to traffic during canopy demolition is inadequate to accommodate the volume of traffic and drop-offs in front of the building. Review of vadous alternatives resulted in the decision to open the short-term parking lot lane nearest the Terminal to through traffic as a bypass. The required work requires a new entrance and exit, concrete work, hot mix asphaltic pavement, new walkways, demolition of end medians, demolition of island ends, fencing, pavement markings/striping, and new traffic signage. FUNDING: Funding is available in the Airport Capital Projects Fund. BOARD/COMMITTEE REVIEW: Approval of the change order is recommended by the Airport Advisory Board. H:\HOME\KEVINS\GEN~AIR\NEWTERM\chgorderlbkg.doc 34 Page 1 of 1 PRIOR COUNCIL ACTIONS Auqust 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) July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No. 1, Terminal Building Reconstruction, Airport Project No. 2, Terminal Apron Construction, and Wastewater Project No. 22, Airport Lift Station Relocation. (Ord. No. 023703). 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. I 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 (CCTV) 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. Beecroff Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M2000-66) May 23, 2000 - Motion authorizing the 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 re-construction, and lift station relocation projects at Corpus Christi International Airport. (M2000-153) Auqust 22, 2000 - Motion authorizing City Manager, or his designee, to execute a construction contract with Fulton/Coastcon in the amount of $16,472,000 for the Corpus Christi International Airport Terminal Construction project. (M2000- 292) EXHIBIT B I 35 Page 1 of 1 H:\HOME\KEVINS\G EN~AIR\NEWTERM\chgorderlexhb.doc FTle : \Mproject\councilexhibits\exhlO71prkng. dwg J PROJECT LOCATION I~0 I~R~O~ CORPUS CHRIS~, ~ LOCATZON ~ ~ ~.~ ........................ ~~WER ~ ~~ ~~ 'CONT~CTOR 'X~ COMMER , CI~ PROJECT No. PN-1071 PARKING LOT SITE ~.r.s. EXHIBIT "~" TERI~INAL CONSTRUCTION PROGRAM 2000 CZTY COUNCIL EXHIBIT ~'...~_~ CORPUS CHRISTI INTERNATIONAL AIRPORT o~E~ or ~O~N~R/~ sr~c~ FAA AlP 3-48-0051-28-00 PAGE: I of I ~ ~ CITY OF CORPUS CHRISTI, TEXA~6 DATE: 11-15-2000 ~ Project No. 1071 COST OF PROPOSED PROJECT AND SOURCES OF FUNDS TERMINAL CONSTRUCTION PROGRAM CORPUS CHRISTI INTERNATIONAL AIRPORT November 2000 FUNDS AVAILABLE (1): FAA AIP Grant 28 ......................................................................................................... Revenue Bond 2000 ....................................................................................................... Passenger Facility Charges ............................................................................................ Airport CIP Funds .......................................................................................................... Airport Capital Reserves (ineligibles) ........................................................................... Wastewater Capital Fund (Commercial Paper) ............................................................ Preliminary Budget 3,215,524 11,033,000 4,171,311 500,000 140,000 800,000 $19,859,835 FUNDS REOUIRED Total Construction Cost ................................................................................................. 16,472,000.00 Contingency (10.9% of Construction) ........................................................................... 1,889,188.42 Change Order No. 1 ....................................................................................................... 56,026.58 Wastewater Lif~ Station & Mains .................................................................................. 711,300 Architectural/Engineering Design (Gensler) (3) ........................................................... 420,920.00 A/E Amendment No. 3 ................................................................................................... 196,400.00 Windstorm Peer Review ................................................................................................ 1,000.00 Construction Inspection (included in A/E Amendment No. 3) ...................................... 0.00 Testing (QA) (included in A/E Amendment No. 3) ....................................................... 0.00 Engineering Liaison and In-house Services (4) ............................................................. 65,000.00 Finance Reimbursements (4) ......................................................................................... 28,000.00 Printing, Advertising, FedEx, etc ................................................................................... 20,000.00 $19,859,835 DIFFERENCE $0 (1) Project funded through Revenue Bond 2000, Airport CIP Funds, FAA AIP grants and Passenger Facility Charges. (2) Preliminary budget based on engineering estimate. (3) Architectural-Engineering (Gensler) contract pre,fously encumbered & includes multiple projects in addition to Terminal. Amount shown is for current amendment. Project Management (DMJM Aviation) contracts previously executed and encumbered within overall Terminal Reconstruction Project. (4) Ineligible for PFC Funding. H:\HOM E\KEVINS\GEN~A I R\NEWTERM\chgorder I budget.doc 37 Exhibit D J Page 1 of 1 10 CITY COUNCIL AGENDA MEMORANDUM DATE: November 15, 2000 SUBJECT: Renaming a City Facility AGENDA ITEM: Motion authorizing the renaming of the Garden Center to the Garden Senior Center and waiving the 60-day waiting period and legal notice. ISSUE: The Park and Recreation Advisory Committee and the Senior Community Services Advisory Committee approved a request from the Southeast Senior Center Subcommittee to rename the Garden Center to the Garden Senior Center. The Park and Recreation Advisory Committee recommends the City Council waive the policy on the 60 day waiting pedod and legal notice for naming of facilities. The Southeast Senior Center Subcommittee is made up of representatives from the Garden Council and the Senior Community Services Advisory Committee. They have worked closely with staff on the renovation and new construction project. The name selection process was completed through a cooperative effort and the new name would maintain the historical integrity of the initial contribution made by the Garden Council to the City and draws emphasis to the target population to be served at the new facility. PRIOR COUNCIL ACTION: None. REQUIRED COUNCIL ACTION: Naming a City Facility requires City Council approval. FUTURE COUNCIL ACTION: None. RECOMMENDATION: It is recommended that the renaming of the Garden Center be approved. Marco A. Cisneros, Director ~-J PARK & RECREATION DEPARTMENT Attachments: A. Park naming application C:\WIN DOWS\TEM P\OWVI EW ER\GA RDENSRCTR. DOC 39 REQUEST FOR THE NAMING OF PARKS AND FAC'~ ]TIES PARK AND RECRFATION DEPAR'rM~-NT Crl'Y OF CORPUS CHRISTL TEXAS Type of area or facility (park, lmilflln~ pool, etc.) S~ior Center 2. 3. 4. Nnm~- and address of person mnldn_= rcqu~t: Nnnne r.~v~ Al'ias, t!~atr~erao~ ~ 1201 ~d Phona ( ~61 ) ~-315o Do ~u r~ ~ o~-i~on ~ r~ to t~ r~? YeB If '~yes", which orl?ni~fion ._n,~,,r ¢~,,,try Sez~cee A~_soz~ Ca~ttee Date of thi~ request nmmmbez 3, 2ooo FOR OFFICE U.~. ONLY: Noti~ to AI~¢ 4O II AGENDA MEMORANDUM DATE: November 6, 2000 SUBJECT: FY2000 / 2001 Weed and Seed Program Grants AGENDA ITEM: Item A. Motion authorizing the City Manager or his designee to execute an agreement with The Minority Business opportunity Committee to provide $25,000.00 from the FYO0/01 Weed and Seed Program to implement a Youth Works Program. Item B. Motion authorizing the City Manager or his designee to execute an agreement with Fighting to Rid Gangs in America Foundation to provide $20,000.00 from the FY00/01 Weed and Seed Program to implement a Leadership Enhancement and Achievement Development Program. Item C. Motion authorizing the City Manager or his designee to execute an agreement with City of Corpus Christi, Code Enforcement and Community Policing Division to provide $20,000.00 from the FY00/01 Weed and Seed Program to implement an Emergency boarding up of vacant buildings with illegal activity. Item D. Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $20,000.00 from the FYOO/01 Weed and Seed Program to implement a Super Summer Sports program. Item E. Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $15,400.00 from the FYO0/01 Weed and Seed Program to implement a Transportation Program for youth recreation. Item F. Motion authorizing the City Manager or his designee to execute an agreement with West Oso Elementary School to provide 915,255.00 from the FYO0/01 Weed and Seed Program to implement a Summer Time Fun Center Program, effectively incorporating community programs, recreation, education, and social services. 41 Item G. Motion authorizing the City Manager or his designee to execute an agreement with South Texas Institute for the Arts to provide $10,000.00 from the FY00/01 Weed and Seed Program to implement Prevention through the Arts programs. Item H. Motion authorizing the City Manager or his designee to execute an agreement with Gulf Coast Council of La Raza, Inc. to provide $25,000.00 from the FY00/01 Weed and Seed Program to implement an Education Enhancement Program. Item I. Motion authorizing the City Manager or his designee to execute an agreement with the Boys and Girls Club of Corpus Christi to provide $20,000.O0from the FY00/01 Weed and Seed Program to implement a Teen Program with a special emphasis on gang prevention. BACKGROUND INFORMATION: Prior City Council Action: The City Council, on September 12, 2000, appropriated a $350,000 Weed and Seed FYO0-01 Grant award from the U.S. Department of Justice to support activities in the Corpus Christi Weed and Seed target areas. Required City Council Action: Authorization to execute agreements. Future City Council Action: None anticipated. Backqround Information: Administration of the Weed and Seed Program was assigned to the Park and Recreation Department on October 26, 1999. City Council reorganized the Weed & Seed Steering Committee and appointed additional neighborhood representatives, bringing the committee up to twelve. The Steering Committee limited grants to a maximum total of $25,000 per request. Groups could request no more than three proposals for funding. As per the Weed & Seed grant, $170,655.00 of available funds, $25,000 must go towards economic development issues, $25,000 for anti-drug / alcohol abuse, and $40,000 for Safe Haven Sites. Notice requesting proposals for programs for the target areas were posted in the Caller Times in September 2000. Pre-proposal meetings were held at City Hall basement training room on September 19 & 22, 2000. As a result a total of 37 proposals were received totaling $798,586. Copies of all proposals were sent to the Steering Committee for review. 42 The Weed and Seed Steering Committee met to review and listen to presentations given by the applicants on October 12, 2000. Due to the large amount of proposals to review a follow up working meeting was set for October 19, 2000, at 2:00pm. Ten voting members of the Steering Committee were present and scored their proposals. The committee than listed the top 21 rated proposals. The Steering Committee evaluated our required funding for economic development, alcohol and drug abuse and Safe Haven funding. As a final result of their review they recommended funding on 9 proposals: Minority Business Opportunity Committee for $25,000, Fighting To Rid Gangs Foundation for $20,000, Code Enforcement & Community Policing for $20,000, Park and Recreation Super Summer Sports Program for $20,000, Park and Recreation, Youth Recreation Program Transportation for $15,400, West Oso Elementary, Summer Program for $15,255, South Texas Institute for the Arts for $10,000 Boys and Girls Club of Corpus Christi for $20,000, and Gulf Coast Council of La Raza for $25,000.00. RECOMMENDATION: Weed & Seed Steering Committee recommends that the City Council authorizes the City Manager or his designee to execute the agreements. Marco A. Cisneros, Director Park and Recreation Department Attachments 43 Contract Summary PARTIES: TERM: AGREEMENT: City of Corpus Christi Weed and Seed Program Minority Business Opportunity Committee August 1, 2000 to July 30, 2001 The City of Corpus Christi Weed and Seed Program will provide $25,000 to provide at risk youth with construction trade skills and employment. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. A:\CC SUM MBOC.DOC 44 PARTIES: TERM: AGREEMENT: Contract Summary City of Corpus Christi Weed and Seed Program Fighting To Rid Gangs IN America Foundation August 1, 2000 to July 30, 2001 The City of Corpus Christi Weed and Seed Program will provide $20,000 to provide after school and weekend alternative activities with special emphasis on gang prevention. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. A:\CC SUM FTRG.DOC 45 Contract Summary PARTIES: TERM: AGREEMENT: City of Corpus Christi Weed and Seed Program City of Corpus Christi, Housing and Community Development, Code Enforcement & Community Policing Division August 1, 2000 to July 30, 2001 The City of Corpus Christi Weed and Seed Program will provide $20,000 to provide emergency board up of vacant buildings with illegal activity. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. A:\CC SUM CODE ENFORCE.DOC 46 Contract Summary PARTIES: TERM: AGREEMENT: City of Corpus Christi Weed and Seed Program City of Corpus Christi Park and Recreation Department August 1, 2000 to July 31, 2001 The City of Corpus Christi Weed and Seed Program will provide $20,000 for providing a Super Summer Sports program for middle and high school boys and girls at the T.C. Ayers Recreation Center and Ben Garza Gym. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives, Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying; Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. A:\CC SUM-BB.DOC 47 Contract Summary PARTIES: TERM: AGREEMENT: City of Corpus Christi Weed and Seed Program City of Corpus Christi Park and Recreation Department August 1,2000 to July 31, 2001 The City of Corpus Christi Weed and Seed Program will provide $15,400 for transportation costs to special events, field trips, swimming, and sport leagues for target area youth. The Subrecipient shall render wdtten reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. A:\CC SUM TRANS.DOC 48 Contract Summary PARTIES: TERM: AGREEMENT: City of Corpus Christi Weed and Seed Program West Oso Elementary School August 1, 2000 to July 31, 2001 The City of Corpus Christi Weed and Seed Program will provide $15,255 to provide for a Summer Time Fun Program. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment VouchedReport for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. A:\WS-JWFE-SUM.DOC 49 Contract Summary PARTIES: TERM: AGREEMENT: City of Corpus Christi Weed and Seed Program South Texas Institute for the Arts August 1, 2000 to July 30, 2001 The City of Corpus Christi Weed and Seed Program will provide $10,000 for an ongoing series of youth oriented programs in the Visual and Performing Arts at the Gamia Arts Education Center for youth between 4 and 18 who live within two miles of the facility. The Subrecipient shall render wdtten reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying; Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. A:\CC SUM STIFTA.DOC 50 Contract Summary PARTIES: TERM: AGREEMENT: City of Corpus Christi Weed and Seed Program, Gulf Coast Council of La Raza,lnc. August 1, 2000 to July 31,2001 The City of Corpus Christi Weed and Seed Program will provide $25,000.00 to their Education Enhancement Program. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of -this Agreement. A:\CC SUM GCCLR. DOC 51 Contract Summary PARTIES: TERM: AGREEMENT: City of Corpus Christi Weed and Seed Program Boys and Girls Club of Corpus Christi, Inc August 1, 2000 to July 30, 2001 The City of Corpus Christi Weed and Seed Program will provide $20,000 to provide after school and weekend alternative activities with special emphasis on abstinence from substance abuse and adolescent sexual involvement through the practice of responsible behavior. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. A:\CC SUM B&G.DOC 52 12 CITY COUNCIL AGENDA MEMORANDUM Date: November 6, 2000 AGENDA ITEM: Motion authorizing the City Manager or his designee to accept grant funding in the mount of $57,909 from the Texas Department of Transportation to implement an Intersection Traffic Control Selective Traffic Enforcement Project (STEP) within the Police Department and to execute all related documents. Ordinance appropriating $57,909 from the Texas Department of Transportation for funding to implement an Intersection Traffic Control Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1050 Federal/State Grants Fund; and declaring an emergency. ISSUE: The State of Texas, Department of Transportation is providing funding for an Intersection Traffic Control Selective Traffic Enforcement Project in the Police Department to reduce driver risk- taking behavior by targeting high frequency crash intersections. FUNDING: Officers will be working on a overtime basis with the State providing 100% of eligible funding for the first 3 years of the grant with the City assuming 25% and 50% of the costs in Years 4 and 5. The City is asked to provide $12,186 for mileage and fringe benefits (State will not cover retirement costs on overtime). REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. P. Alvarez, ~ .._J Chief of Police ADDITIONAL SUPPORT MATERIAL Background Information x [3 Contract I-I Ordinance/Resolution x FI 53 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION In the City of Corpus Christi, the number of intersection crashs has increased 153% since 1990. Of the 9,713 traffic crashs reported in 1999, 4,788 or 49% occurred at an intersection. Of the 26 fatalities, 3 occurred at an intersection. Of the 3,777 injury accidents, 1,957 or 52% occurred at an intersection. Because of the large percentage of intersection crashs and injuries, the City of Corpus Christi proposes to focus enforcement efforts on the intersections with the greatest number of crashs. Efforts will address the numerous traffic violations that are contributing factors in crashes, which in turn will reduce the number of fatality, injury, and crash numbers. The City of Corpus Christi has experienced a rapid growth pattern in two primary areas: a five mile area along South Padre Island Drive (SH358) from Ayers to Staples and a three mile area along Saratoga Blvd from Weber Road to Staples Street. This has resulted in a tremendous amount of congestion at major intersections along these two main thoroughfares. Through Traffic Engineering TRASER data, 9 major intersections with the highest frequency and severity ofcrashs have been identified as the focus for this grant. Two fatalities, 46.8% of all speed related crashes, and 5% of the injury crashes occurred at these intersections. The intersections with the highest number of crashs all occurred on State Highway roadway intersections along South Padre Island Drive and Saratoga. In all targeted intersections, rear end collisions were the predominant crash type with failure to control speed, failure to yield right of way, and following too closely the primary driver/vehicle related contributing circumstance. The grant will place overtime officers in the targeted intersections identified as high risk. Hours of the project will vary with enforcement taking place Monday through Saturday from 7am to 8pm. The goals of the grant will be: 1. To reduce the number of crashes occurring at intersections by 10% 2. To increase the total number of violations written at intersections by at least 19%. 3.. To increase driver awareness of the various traffic violations that are contributing factors to intersection crashes through vigorous traffic enforcement activities, media promotions, and officer presentations. 54 Grant Fuu~ CFDA #20.60 State Grant Funds Misc. Contract Charge Number PIN 17460005741000 TEXAS HIGHWAY TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRAVIS ** TH/S AGREEMENT IS MADE BY and between the State of Texas. acting by and through the Texas Department of Transportation. hereinafter called the Department. and Citxr of Corvus Christi, hereinafter called the Subgrantee. and becomes effective when fully executed by both parties. For the purpose of this agreement, the Subgramee is designated as a(n) local ~ovemment. AUTItORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety. Plan for the following Fiscal Year(s) 2001 WITNESSETI/ Project Title: InterseeUon Traffic Control STEP Brief Project Description: To reduce driver risk-taking behavior by targeting high frequency crash intersections. AGREEMENT Grant Period: The Grant becomes effective on 10/01/00. or on the date of final signature, whichever is later, and ends on 09/30/01 Maximum Amount Eligible for Reimbursement: $ 57.909. Cost incurred after the end of a fiscal year cannot be reimbursed without prior written approval from the Department. (See also Article 3. Limitation of Liability, in the Standard Provisions. From Fund Source: 157A Project Year:. 1 Estimated Budget: Federal Labor $ 57,909 Other Direct Cost 0 Indireet/F&A Cost 0 TOTAL $ 57,909 Project Year: Estimated Budget: Federal Labor $ Other Direct Cost Indirect/F&A Cost TOTAL $ Project Year:. __ Estimated Budget: Labor Other Direct Cost Iudirect/F&A Cost TOTAL State Local 10,586 1,600 0 12,18{ State Local State Local Federal In addition to the Standard Provisions of the Agreement that follow, the following attachments are incorporated as indicated as a part of the Grant Agreement: ~ Attachment A. Approved Project Desctiption ~ Attachment B. Approved Project Budget ~ Attachment C. Standard Assurances .~ff Attachment D. Debarment Certification ~ Attachment E. Lobb)4ng Certification (required ffamoant payable is $100.000 or more) _ Attachment F. Clfild Support Statement Page Is~f lO 6/99 TEXAS TRAFFIC S,4aU"ETY PROGRAM GRANT AGREEMENT IN WITNESS WHEREOF. THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO Eiq~ECTUATE THIS AGREEMENT. THESUBGRANTEE THE STATE OF TEXAS City of Corpus Christi [Legal Name of Agency.] Executed by and approved for the Texas Transportation ConUmssion for the purpose and effect of activating and/or can2?ng out orders, established policies or work programs approved and authorized by the Texas Transportation ConUmsffmn. [Authorized Signature] David R. Garcia. City Manager [Name and Title] District Engineer Texas Department of Transportation (For local projects under $100,000 or recomm~d~d for approval for grams $100,000 or greater.) Date ATIizST: [Signature] Date [Name and Title] Under authori.ty of Ordinance or Resolution Number (for local governments): Director, Traffic Operations Division (No~ ~*cluired f~ local grants under $I00,000.) Date Mailing Addresses For the purpose of this agrcement~ the following addresses shall be used to mail ail required notices, reports. claims, and correspondence. (NOTE: For warrants, the address indicated by the mail code, last three digits of the PEN on page 1, shall be used. ff that address is not appropriate for warrants, please change the mail code accordingly and notify TxDOT of any changes.): For the Subgrantee: P. Alvarez. Jr.. Chief of Police Corpus Cl~sti Police Dept P. O. Box 9016. Corpus Christi, TX 78469 For the Texas Department of Transportation: Page 2 of 10 6/99 56 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT STANDARD PROVISIONS ARTICLE 1. RESPONSIBILIIIES OF THE PARltmS The Subgrantee shall undertake and complete the project as described in Attachment A, Approved Project Description, and in accordance with all terms and conditions included hereinafter. The Depamnent shall provide assistance as appropriate and a5 specified in said Attachinent A. ARTICLE 2. COMPENSATION A. The method of payment for this agreement ~vill be based on actual costs incurred up to and not to exceed the limits specified in Attachment B, Approved Project Budget. The amount included in the project budget will be deemed to be an estimate only and a higher amount can be reimbu~ed, subject to the conditions specified in paragraph B hereunder. If Attachment B. Approved Project Budget. specifies that costs are based on a specific rote, per-umt cost. or other method of payment, reimbursement will be based on the speCffied method. B, Ail payments made hereunder will be made in accordance with Attachment B, Approved Project Budget. The Subgntntee's expenditures may not exceed any budget category in the Approved Project Budget by an amount greater than 5% of the total reimbursable amount of the budget without a wrifien agreement amendment. However, the Subgrantee must provide written notification to the Department of a change of 5% or less, prior to payment of the Request For Reimbursement that includes the change, indicating the amount and percent change and the reason(s) for it. The maxxmum amount payable shall not be increased as a result of exceeding a budget category xvithout a written grant amendment. C, To be eligible for reimbursement under tkis agreeraent, a cost must be incurred in accordance with Attachmem B, Approved Project Budget, witixin the time frame specified in Grant Period on page 1. D, Pa,,anent of costs incurred under this agxeement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: · A-2 I, Cost Principles for Educational Institutions; · A-87, Cost Principles for State and Local Governments: or, · A-122, Cost Principles for Nonprofit OrganiTations. E. The Subgrantce agrees to submit monthly or quarterly requests for reimbursement, as designated in Attachment A, within 30 days after the end of the billing period. The Subgruntee will use billing statements acceptable to the Department. The original billing statement and one copy is to be submitted to the address shown on page 2 of this agreement. F. The Subgrantee agrees to submit the final request for payment under this agreement within sixty. (60) days of the end of the grant period, G. The Department will exercise all good faith to make pa.vments within thirty, clays of receipt of properly prepared and documented requests for payment. Payments, however, are contingent upon the availabiliw of appropriated funds. H. Project agreements supported with federal funds are limited to the length of the agreement period and nsually do not receive extended funding beyond three years. If both the Deparunent and the Subgrantee agree that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyood the three year limit. To be eligible, the Subgrantee must bare a cost assumption plan by the end of the first twelve months. This plan will include a schedule for phasing in funding from its own resources and the phasing out of funding support from the Department. All plans must be approved by the Department before any extension beyond the three 3-ear limit will be granted. Preference will be given to those projects for which the Subgrantee has assumed some cost sharing by the end of the first twelve months. and to those which propose to assume the largest percentage of subsequent project costs. Certain categories of funds may be exempted by the federal government from the time limit requirement. Unless exempte~L all federally-funded agreements are considered to be subject to the time limit provision. Funding support for all state-funded projects will be limited to the term of the agreement. Any extension beyond that time will be negotiated on a case-by-case basis. Pages~qflO ~99 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT ARTICLE 3. LIMITATION OF LIABILITY Because funds are authorized on a fiscal year basis only. paymem of costs incurred hereunder is contmgem upon the availability of funds. fiat any time during the agreement period the Deparanent determines that there is insufficiem funding to continue the projecL the Department shall so notify the Subgrantee. giving notice of intent to terminate the agreement. Such temunation will be conducted in such a manner that xvill mimnuze disrupUOn to the Subgrantee and the Department. and as further specified in General Prox~ision G9. Terrmnation. The Subgrantee. ff other than a State agency., shall be responsible for settlement of any and all claims and laWsmts by third parties arising from or incidem to the Departmem's non-pa.vment of the Subgrantee's claim under this agreement. The Subgrantee expressly acknowledges that its responsibili .ty includes the paymem of all damages, expenses, penalties, fines, costs, charges, and attom~' fees, ff the claims or lawsuits are based upon the Department's non-pa,vment of claims submitted under this agreement. The Subgramoe shall defend any suits brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the Department shall have the right at its option to participate in the defense of any suit. without relieving the Subgrantee of any obligation hereunder. ARTICLE 4. AGREEMENT AMENDMENTS ff at any' time during the agreement period the Deparunent determines that additional funds are needed to continue the project and the mammum amount payable is insufficient, a written amendment is to be executed to authorize additional funds, if the Depamnent and the Subgrantee determine to continue project funding. Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall be enacted by written amendment executed by both pames. The amendment shall be agreed upon by the parties to this agreement and shall state the change to the mutual salisl*action of the parties. In no event will the agreement period be extended unless a written amendment is executed before the completion date specified in Article 1. ARTICLE 5. ADDITIONAL WORK If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and conSUtutes additional work. the Subgrantee shall promptly notif3' the Deparanent in writing. In the event that the Department finds that such work does conSUmte additional work the Department shall so advise the Subgrantee and provide compensation for doing tiffs work on the same basis as the original work. If the compensation for the additional work will cause the maxamum amount payable to be exceeded, a written amendment will be executed. Any amandmem so executed must be approved vAthin the agreement period specified on the cover page to this Grant. ARTICLE 6. CHANGES 13I WORK When the approved project description requires a completed work product, the Deparanem will review the work as specified in the approved project description. Il'the Deparmaent finds it necessary to request changes in previously satisfactorily completed work or parts thereof, the Subgrantee will make such revisions as requested and directed by the Department. Such work will be considered as additional work and subject to the requirements established in Article 5. If the Department finds it nec'essary to require the Subgrantee to revise completed work to correct errors appnanng therein, the Subgrantee shall make such correeUons and no compensation will be paid for the corrections. Page 4 of lO 6/99 58 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT ARTICLE 7. GENERAL TERMS AND CONDITIONS Gl. Indemnification To the extent permitted by law, the Subgrantee. if other than a State agency, shall save harmless the Department from all claims and liabili.ty due to the acts or omissions of the Subgrantee. its agents or employees. The Subgrantee also agrees to save harmless the Department from any and all expenses, including attorney fees. all court costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee. its agems or employees. Further. to the extent permitted by law. the Subgrantee. if other than a State agency, agrees to protect, indemnify. and save harmless the Depamnent from and against all claims, demands and causes of action of eve~ kind and character brought by any employee of the Subgrantee against the Department due to personal injuries and/or death to such employee resulting from any alleged negligent acL by either corarmssion or omission on the part of the Subgrantee or the Department. G2. Inspection of Work The Department and. when federal funds are involved, the U. S. Depanmem of Transportation, and any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in wh.ich it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or a subcontractor, the Subgrantee shall provide and require the subcontractor to provide all reasonable facilities and assistance for the safety and convemenee of the inspectors m the performance of their duties. All inspecUons and evaluations shall be performed in such a manner as will not unduly delay the work. G3. Disputes and Remedies The Subgrantee shall be responsible for the settlement of all contractual and admini%rative issues arising out of procurement entered in support of agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement with the Executive Director acting as referee. This agreement shall not be considered as speeif35ng the exclusive remedy for any dispute or violation or breach of agreement terms, but all remedies existing at law and in equity may be availed of by either party, and shall be cumulative. G4. Noncollnsion The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working for it. to solicit or secure this agreement, and that it has not paid or agreed to pay. any company or person, other than a bona fide employee, any fee, conUmssion, percentage, brokerage fee, gill or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this am-rarity., the Department shall have the right to annul this agreement without liability, or. in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full mount of such fee, conUmssion, brokerage fee, gift. or contingent fee. Page~ of lO 6/'99 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT G$. Reporting Not later than thirty days after the end of each reporting period, as designated in Attachment A. the Subgrantee shall submit a performance report using forms provided or approved by the Department. The performance report will include as a minimum (1) a comparison of actual accomplishments to the objectives established for the period. (2) reasons why established objectives were not met. ff appropriate, and (3) other pertinent information including. when appropriate, analysis and explanation of cost overruns or nigh umt costs. The Subgrantee shall submit the final performance report within 30 days after completion of the grant. The Subgrantee shall promptly advise the Department in writing of events which have a significant impact upon the agreement, including: 1. Problems, delays, or adverse conditions wnich will materially affect the abiliw to attain program objectives. prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by established time periods. Tnis disclosure shall be accompamed by a statement of the action taken or contemplated and any Department or Federal assistance needed to resolve the situation. 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or producing more work units than originally projected. G6. Records The Subgrantee agrees to mmntain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder, said books, documents, papers, accounting records. and other evidence pertaining to costs incurred and work performed hereinafter called the records, and shall make such records a-,ailable at its office at all reasonable times for the time period authorized in Article 1. Contract Period. The Subgrantee further agrees to retmn said records for four years from the date of final pa.vment of contract costs incurred hereunder. Duly authorized representatives of the Texas State Auditor. the Texas Department of Transportation. the United States Depamnent of Tramportation. and the Office of the Inspector General shall have access to the records at reasonable times during the period of the agreement and the four years retention period for the purpose of making audits, excerpts, transcriptions, and other examinations. This right of access is not limited to the four year period but shall last as long as the records are retained. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the four year retention period, the subgrantee shall retain the records until completion of the action and resolution of all issues wnich arise from it. G7. Audit The Subgrantee shall comply with the req~m'ements of the Single Audit Act of 1984. Public Law (PL) 98-502. ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States. Local Gevemments. and Other Non-Profit Organizations." G8. Subcontracts Any subcontract rendered by individuals or organizations not a part of the Subgrantee's organization shall not be executed without prior authorization and approval of the subcontract by the Department. Subcontracts in excess of $25.000 shall contain all required prm'isions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. Page660 of 10 6/'99 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT G9. Termination The Department may terminate tiffs agreement at any time before the date of completion whenever it is deternUned that the Subgrantee has failed to comply with the conditions of the agreement. The Department shall give written notice to the Subgrantee at least seven days prior to the effective date of ternUnation and specL~, the effective date of termination and the reason for ternUnation. If both pames to this agreement agree that the conUnuation of the agreement would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date and the portion to be temUnatod. Upon termination of tiffs agreement, whether for cause or at the convenience of the pm*des hereto, all finished or unfinished documents, data. sntdies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee shall, at the option of the Depamment, become the property, of the Department. The Department shall compensate the Subgmntee for those eligible expenses incurred during the agreement period xvhich are directly atmbutable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgramee shall not incur nexv obligations for the terminated portion after the effective date of termination. Except with respect to defaults of subcontractors, the Subgrantee shall not be in default by reason of any failure in performance of this agreement in accordance with its terms (including any failure by the Subgrantee to progress in the performance of the work) ff such failure arises out of muses beyond the control and without the default or negligence of the Subgrantee. Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, rims, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and tmusnally severe weather. In every case. however, the failure to perform must be beyond the control and withont the fault or negligence of the Subgramee. Gl0. Gratuities Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business with or who reasonably speaking ma.v do business with the Department under this agreement. The only exceptions allowed are ordinary., business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts or favors to Department employees, except as mentioned hereabove. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this agreement. Gll. Compliance With Laws The Subgrantee shall comply with all Federal. State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including, without limitation, workers' compensation laws, anulmum and mayamum salary and ~vage statutes and regulations, and licensing laws and regulations. When required, the Subgrantee shall fitrnish the Depamnent with satisfactory proof of its compliance therewith. Gl2. Successors and Assigns The Department and the Subgrantee each binds itself, its successors, executors, assigns and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other p~ in respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreement without ~ritten consent of the Department. Pagefi~ of 10 6/99 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT Gl3. Ownership of Documents Upon completion or termination of this agreement, ail documents prepared by the Subgruntee or furnished to the Subgrantee by the Department shall be delivered to and become the propem/of the Department. All sketches. photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Department witbout restriction or limitation of their further use. Gl4. Resources The Subgrantee warrants that it presently has adequate q.alified personnel in its emplo):munt to peffoi'ra the xvork required under this agreement, or will be able to obtain such personnel from sources other than the Department. Unless otherwise specified~ the Subgrantee shall furnish ail equipment, materials, and supplies ~lnired to perform the ~vork authorized herein. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department. is incompetent, or whose conduct becomes detrimental to the work shall immediately be removed from association with the prOJect. Gl5. Property. Management The Subgrantee shail establish and administer a ~'stem to control, proteet, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased purmant to this agreement in accordance with its own property, management procedures, provided that the procedures are not m contlict with the Department's property management procedmes or property management standards, as appropriate, in: · 49 CFR 18, "Uniform Adminis-lrafive Requirements for Grants and Ccoperative Agreements to State and Local Governments." or. · OMB Circular A-110, "Uniform Requirements for Grants to Universities. Hospitals, and Other Nonprofit OrganiTations." Gl6. Procurement Standards The Subgrantee shall mmntain procurement standards wh/ch meet or exceed the requirements, as appropriate, of: · 49 CFR 18, "Uniform Adluimslrafive Requirements for Grants and Cooperative Agreements to State and Local Governments." or. · OMB Cimular A-Il0, "Uniform Requirements for Grants to Unlvemities. Hospitals. and Other Nonprofit Organizations." Gl7. Insurance When directed by the Department. the Subgramee, if other than a State agency, shall provide or shall require its subcontractors to secure a policy, of insurance in the mammum statuto~ limits for tort liability, narmng the Department as an additional insured under its terms. When se directed, the Subgr'~mtee shall provide or shall require its subcontractor to furnish proof of insurance on TxDOT Form 20.102 (12/91) to the Department. and shail maintain the insurance during the grant period established in Article I. Gl8. Equal Employment Opportunity The Subgrantee agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60). Page 8 oliO 6/99 62 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMIENT Gl9. Nondiscrimination During the performance of this agreement, the Subgrantee. its assigns and successors in interest, agrees as follows: 1. Compliance with Regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally assisted programs of the U.S. Depamnent of Transportation, Title 4% Code of Federal Regnlations. Part 21 and Title 23, Code nf Federal Rcgulatiuns. Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations). which are herein incorporated by reference and made a part of this agreement. 2. Nondiscrimination: The Subgrantce. with regard to the work performed by it dtmng the agreement, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Subgrantee shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(1)) of the Regulations. including eroployment practices when the agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitatians for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract. including procureroent of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race. color, sex, or national origin. 4.. Information and Reports: The Subgrantee shall provide all information and reports required by the Regulations. or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Depamnent or the U.S. Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Suhgrantee shall so certify to the Department or the U.S. Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provisions of this agreement, the Department shall impose such sanctions as it or the U.S. Department of Transportation may detemune to be appropriate, including but not Limited to: · withholding of payments to the Subgrantee under the agreement until the Subgrantee complies, and/or · cancellation, termination, or suspension of the agreement in whole or in part 6. Incorporation of Provisions: The Subgrantee shall include the provisions of paragraphs 1 through 5 in eveD' subcontract, including procureroent of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes involved in. or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into such litigation to protect the interests of the Department; in addition, the Subgrantce may request the United States to enter into such litigation to protect the interests nfthe United States. G20. Disadvantaged Business Enterprise It is lhe policy, of the U.S. Department of Transpo~fion that Disadvantaged Business Enterprises as defined in 49 CFR Part 26. shall have the opportunity, to participate in the performance of contracts financed in whole or in part ~vith Federal funds. Consequently the Disadvantaged Business Enterprise reqmrements of 49 CFR Part 26, apply to this agreement as follows: · The Subgrantee agrees to insure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, have the oppermnity in the performance of contracts and subcontracts financed in ;;'hole or in part with Federal funds. In this regarck the Subgrantee shall make good faith efforts in accordance with 49 CFR Par 26. to insure that Disadvantaged Business Enterprises have the opportomB, to compete for and perform contracts and subcontract. The Subgrantee and any subcontractor shall not discriminate on the basis of race. color, national origin, or gender in the award and performance of contracts fimded in whole or in part with Federal funds. Thes~ requirements shall be physically included in any subcontract. Page~ of I 0 6/99 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT Failure to carry, out the reqmrements set forth above shall constitute a breach of this agreement and. after the notification of the Department may result in termination of the agreement by the Department or other such remedy as the Depamnent deems appropriate. G21. Debarment/Suspension The Subgrantee is prohibited from making any award or permitting any award at any tier to any party, which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assislance programs under Execorive Order 12549, Debarment and Suspension. The Subgrantee shall require any party to a subcontract or purchase order awarded under this agreement to certify its eligibility, to receive federal grant funds, and. when requested by the Department. to furnish a copy. of the certification. G22. Signatory. Warrant3.' The signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreeroent and that she/he has full and complete authorit3, to enter into this agreement on behalf of the organization. At the time the signatory for the Subgrantee signs the grant agreement, or within thirty days, he/she will sign a letter designating signature authority, by position tire for grant-related documents other than the grant agreement or grant agroeroent amendments. These other grant-related documents will include, but not be limited to. the following: cost assumption plan, application for project extension. administrative evaluation report, requests for reimbursement (RFR), and romine correspondence. G23. Assurances and Certification The Subgrantee attests that the assurances included in Attachment C of this agreement and the certification included in Attachment D of this agreement are accurate and current. G24. lmeilectual Property Intellectual property, consists of copyrights, patents, and any other form of intellectual property, nghis covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or mediam. Cop.wights: TxDOT. the [other pan).- to the contract], and the federal governmem reserve a royalty-free. nonexclasive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for government pmposos: · the cop.wight in an)' works developed under this agreement or under a subgrant or contract under this agreement: and, · any rights of copyright to which the [other party to the conU'act], its subgrantee, or contractor purchases ownership of with financial assistance hereunder. Patents: Rights to inventions made under this agreement shall be determined in accordance with 37 CFR 401. The standard patent rights clause at 37 CFR ~401.14 as modified below is hereby, incoq:)omted by reference: · the terms "to be performed by a small business firm or domestic nonprofit organization" shall be deleted from paragraph (g)(1) or the clause; · Paragraphs (g)(2) and (g)(3) of the clause shall be deleted: and · Paragraph (1) of the clause entitled "Commumcations." shall read as follows: "(1) Commumcarious. All notifications required by this clause shall be submitted to TxDOT." If the grant results in the development of any intellectual property, as defined in Transportation Code. Section 201.205, the Department and the Subgramee shall jointly own all the rights, rifle, and interests in and to all data and other information developed under the grant. Each agency may license, reproduce, publish, modify., or otherwise use and authorize others to use the copyright in any work developed under this grant. All such documents will contain a cop)Tight mark acknowledging this joint ownership. There will not be a charge to either agency for such use. Page~40 of 10 6/99 ATTACHMENT A APPROVED PROJECT DESCRIPTION INTERSECTION TRAFFI CONTRO (ITC) SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) Corpus Christi (Name of Subgrantee) I. PROBLEM IDENTIFICATION: In the City of Corpus Christi, the number of intersection crashs has increased 153% since 1990. Of the 9,713 traffic crashs reported in 1999, 4,788 or 49% occurred at an intersection. Of the 26 fatalities, 3 occurred at an intersection. Of the 3,777 injury accidents, 1,957 or 52% occurred at an intersection. Because of the large percentage of intersection crashs and injuries, the City of Corpus Christi proposes to focus enforcement efforts on the intersections with the greatest number of crashs. Efforts will address the numerous traffic violations that are contributing factors in crashes, which in turn will reduce the number of fatality, injury, and crash numbers. The City of Corpus Christi has experienced a rapid growth pattern in two primary areas: a five mile area along South Padre Island Drive (SH358) from Ayers to Staples and a three mile area along Saratoga Blvd from Weber Road to Staples Street. This has resulted in a tremendous amount of congestion at 9 major intersections along these two main thoroughfares. The City of Corpus Christi, Traffic Engineering Division, Department of Engineering Services prepares an annual report titled Traffic Accident Location Report compiled using data from the City of Corpus Christi TRASER Computer Program Traffic Accident Analysis System. TRASER compiles pertinent traffic crash data and characteristics of all traffic crashs in the City. Through TRASER data, 9 major intersections with the highest frequency and severity of crashs have been identified as the focus for this grant proposal. Two fatalities, 46.8% of all speed related crashes, and 5% of the injury crashes occurred at these intersections. Data further supporting these intersections can be found in Attachment A. The top 9 intersections with the highest number of crashs all occurred on State Highway roadway intersections. In all 9 intersections, rear end collisions were the predominant crash type. Failure to control speed, failure to yield right of way, and following too closely were the primary driver/vehicle related contributing circumstance. Source: City of Corpus Christi, Traffic Engineering, 1999 Traffic Accident Location Report I1. ITC 8/00 OBJECTIVE/PERFORMANCE GOALS: Objective: To conduct an Intersection Traffic Control (ITC) STEP in Corpus Christi by September 30, 2001. 65 Performance Goals: Ill. A. To reduce the number of crashes occurring at intersections by 10% % from the baseline year (12 months: October 1, 1998 through September 30, 1999) total number of 4,746 intersection crashes to 4,271 intersection crashes by September 30, 2001. BI TO increase the total number of citations at intersection by at least 19%from the baseline year (12 months: October 1, 1998 through September 30, 1999) total number of 11,145 citations to13,225 citations by September 30, 2001. C. To increase driver awareness of the various traffic violations that are contributing factors to intersection crashes through vigorous traffic enforcement activities, media promotions, and officer presentations by September 30, 2001. Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a police officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. PERFORMANCEINDICATORS The following performance indicators shall be included in the Performance Reports, Annex Reports, and summarized in the Administrative Evaluation of this Grant: A. Number and type of citations/arrests issued under STEP. Points per hour for STEP Enforcement - point assignments for arrests/citations elements issued under STEP Grant Agreement: Goal Elements* Points Assiqned ITC 2 Other Elements** Points Assiqned Citations 1 Arrests 6 * Goal Elements - enforcement activities defined by performance goals and accomplished during STEP. **Other Elements - enforcement activities not defined by performance goals but accomplished during STEP. C. Subgrantee total number and type of citations/arrests including STEP. D. Number of STEP enforcement hours worked. E. Maintenance of non-STEP activity. F. Number of ITC related crashes. ITC 8/00 - 2 - 66 Number of presentations conducted in support of this grant. Number of persons attending presentations. Number of media exposures (i.e., news releases and interviews). Number of community events in which STEP officers participated (i.e., health or safety fairs, booths). Number of public information and education materials produced. Number of public information and education materials distributed (by item). IV. RESPONSIBILITIES OF THE SUBGRANTEE: Carry outs the objective/performance goals of this grant by implementing the Action Plan in this attachment. Prior to enforcement activity, develop an Operational Plan according to theDepartment's site selection criteria, and submit for approval either as an attachment to this grant or within 30 days of grant start. The Operational Plan will include: STEP Site; Site description; and enforcement period. Implement the Operational Plan as approved. (Please check appropriate box below) [] The operational plan is approved as part of the grant agreement. [] The operational plan will be submitted for approval within 30 days of grant approval, No enforcement activity can begin until the operational plan is approved. Changes to the operational plan may be made by mutual written agreement as signed by authorized representatives of both the Subgrantee and the Department. All newly developed public information and education (PI&E) materials must be submitted to the Department for written approval prior to final production. An Administrative Evaluation summarizing all activities and accomplishments will be submitted on Department approved forms no later than 45 days after the grant ending date. F. Attend meetings according to the following: ITCS~0 673- The Subgrantee will arrange for meetings with the Department as indicated in the Action Plan to present status of activities, discuss problems and schedule for the following quarter's work. The project coordinator or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. For out-of-state travel expenses to be reimbursable, the Subgrantee must have obtained the approval of the Department prior to the beginning of the trip. Grant approval does not satisfy this requirement. Maintain verification that wages or salaries for which reimbursement is requested is for work exclusively related to this project. In addition to ITC STEP enforcement activities, maintain the agency's total non- STEP enforcement citations/arrests at no less than the level attained prior to grant approval. Ensure that the enforcement hours worked under the grant are for STEP activities. Ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include: name, date, badge/identification number, type grant worked, grant site number, mileage if applicable (including starting and ending mileage), hours worked, type citation/arrest, officer and supervisor signatures. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty. Support grant enforcement efforts with public information and education (PI&E). Enforcement salaries being claimed for PI&E activities must be included in the budget. Subgrantees with a Traffic Division will utilize traffic personnel for this grant unless such personnel are unavailable for assignment. Ensure that salaries for employees reimbursed under this grant will in no way supplant (i.e., replace state or local expenditures with the use of federal grant funds) Subgrantee wages for activities which are already supported by local or state funds. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional hours must be reported in the Project Performance Report that covers the time period for which the additional hours were worked. ITC 8/00 - 4 - 68 If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant year. RESPONSIBILITIES OF THE DEPARTMENT: Monitor the Subgrantee's compliance with performance obligations and fiscal requirements of this grant. Provide program management, technical assistance, and attend meetings as appropriate. Reimburse the Subgrantee for all eligible costs as defined in Attachment B, Approved Project Budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated on the cover page of this agreement. B. Perform an administrative review of the project at the close of the grant period to include a review of adherence to budget, Action Plan and attainment of objective/performance goals. ITC 8/0O 69- 5 - ACTION PLAN —PROPOSED FY Of fw�ERSECTION TRAFFIC CONTROL STEP CITY OF ( 'US CHRISTI 013JIfC 1 l VE.: fo conduct an Interscetion Traffic Control STEP in the City of Corpus Christi by September 30, 2001 TASK: 'fo fulfill administrative and general grant requirements. KEY: P=planned activity C = completed activity R = revised ACTIVITY RESPONSIBLE PROJECT MONTH OC NO DE JA F13 MR AP MY JN JL AU SE I. Department P 2. Requests for Reimbursement submitted Subgrantee P P P P P P 1' P P P P 3. Performance and Annex reports submitted Subgrantee P P P P P P P P P P P 4. Grant progress review meeting Subgrantee &Dept P P P P 5. Conduct on-site monitoring visit Department P G. Submit Cost Assumption Plan Subgramee p 7 Administrative Evaluation submitted Subgrantee P S Submit letter regarding signature authority Subgrantee P P 9. Stlbtni( operational cost per vehicle mile (if applicable) Subgrantee P 10. Submit Operational Plan for approval Subgrantee P 11. Conduct enimcement elforts. Subgrantee P P P P P P P P P 1' P P 12. Submit Project Extension Request (If applicable). Subgrantee P 13. Submission, and approval, of name of Grant Administrator Subgrantee and Department P _TT 1'1'C'.6, 99 Page 6 of 9 1:\PAT D0MGRANWSTEPITC00ACT1.D0C 0 ACTION PLAN OB,wc ri VE: To conduct an Intersection Traffic Control STEP in Corpus Christi by September 30, 2001 I ASK: Conduct public information and education (PI&E) activities. KEY: P= planned activity C = completed activity R = revised ACTIVII'Y RESPONSIBLE Project month OC NO DE JA FB MR AP MY JN JL AU SE I. Contact the Departnmcnl regarding PI&E. III occduresand planning Subgrantee P 1' P P 2. Determine types of materials needed Subgrantee P P P I' 3. Develop proposed materials Subgrantee P P P P J. Submit proposed materials and the PI&E plan to the Department Ibr approval Subgrantee P P P P 5 Approvc nmaterials and plau Department P P P P 6. I'nnlua/distribute m:derials* Subgrmmlce P P P P P P P P P P P 7. Maintain records of all PI&E material received/dislributed Subgrantee P P P P P P P P P P P 8. Report on activities Suhgrantce P P P P P P P P P P P P 9Conduct nemms conference(s) Subgrantee P P P 10. Issue nemcs rcleasets) Subgrantee P P P 11, Conduct presentalions Suhgrantce P 1' 1' 1' 1' 1) 1' P P P P 12.Participate in community events (i.e., health or safely fairs, booths). Subgrantee P P P P P P P P PP P I IC 6 1"IY'.6 { Page 7 of J:TATD0CWRANTS11STEPITf "'7'2.D0C t I ;I- Performance Goals for Intersection Traffic Control STEP The following citations will be utilized to award points for ITC STEP: · Failure to Stop at Red Light · Speeding - unsafe · Speeding - over limit · Failure to Drive in a single marked lane · Unsafe lane change · Turned when unsafe · Failure to Yield Right of Way Improper start from a parked position P~e 8 of 9 OPERATIONAL PLAN FOR ITC STEP CITY OF CORPUS CHRISTI STEP SITE DESCRIPTION ~ SPEED ENFORCEMENT PERIOD SITE ~ SURVEY i i NUMBER i RESULTS ~ AND TYPE I 1 Everhart and South Padre Island Drive Monday through Saturday 7:00 am to 8:00 pm 2 Staples and South Padre Island Drive Monday through Saturday 7:00 am to 8:00 pm 3 Ayers and South Padre Island Ddve Monday through Saturday 7:00 am to 8:00 pm 4 Saratoga and Everhart Monday through Saturday 7:00 am to 8:00 pm 5 Weber and South Padre Island Drive Monday through Saturday 7:00 am to 8:00 pm 6 Saratoga and Staples Monday through Saturday 7:00 am to 8:00 pm 7 Saratoga and Weber Monday through Saturday 7:00 am to 8:00 pm 8 Kostoryz and South Padre Island Drive Monday through Saturday 7:00 am to 8:00 pm 9 Airline and South Padre Island Drive Monday through Saturday 7:00 am to 8:00 pm *Survey data must be submitted with the Operational Plan for SPEED sites. Signature for Subgrant~'"- Chief of Police Title Date Signature tbr TxDOT Title Date ITC 8/00 Page 9 of 9 73 STEPITCOPPLAN0001 ,DOC FY2001 A3-t'ACHMENT B .... PROJECT BUDGET INTERSECTION TRAFFIC CONTROL STEP (title of Project) City of Corpus Chdsti (Name of Subgrantee) BUDGET CATEGORY I - LABOR COSTS (100) Salades Houdy wage rates are estimated for budget purposes only. Reimbursements will be based on actual costs per employee in accordance with Sub- grantee's payroll polic,, and salary rate. A. ENFORCEMENT (overtime) 1. Officers: 1664 hours ( $30~75 perhour= $51,168 2. Sergeants: 0 hours ( $0 per hour = 0 (Round figures to nearest $) Federal Local/State Funds Funds TOTAL 100% 0% $ 51,168 $ $ 51,168 $ $ B. PI&E ACTIVITIES (overtime) [not to exceed 10% of (100) salaries] 52 hours ~ $30.75 per hour= $ 1,599 $ 1,599 $ $ 1,599 C. OTHER $ 4,797 $ $ 4,797 (i.e., overtime staff, supervisory support, conducting surveys, in-house instructors for OP violators course: not to exceed 10% of total grant amount) Type, # hours, rate Officers: administrative paperwork 156 hours* ~ $30.75 per hour = $ 4,797 *3 hours/week x 52 weeks - overtime TOTAL SALARIES $ 57,564 $ $ 57,564 (200) Frinqe Benefits A. Rate: 18.39% (if not included in hourly FICA 7.65% TMRS 10.74% B. Other salaries: 18.39% $ $ 10,586 $ 10,586 $ $ TOTAL FRINGE BENEFITS $ $ 10,586 $ 10,586 (300) Travel and Per Diem Mileage (documentation of rate is required prior to reimbursement), airfam, car rental, per diem, etc. Reimbursements will be based in accordance with Subgrantee's travel policy not to exceed state rates. TOTAL TRAVEL & PER DIEM $ 345 $ $ 345 TOTAL LABOR COSTS $ 57,909 $ 10,586 $ 68,495 Enfbud 8/00 10/9/00 STEP N EWITCBU D.XLS/2001 Federal State/Local Funds Funds TOTAL BUDGET CATEGORY II - OTHER DIRECT COSTS: 100% 0% (400) Equipment (specify type/quantity) $ $ (500) Supplies (postage, printing, & office supplies, etc.) (700) Other Miscellaneous (specify) A. SUBGRANTEE VEHICLE MILEAGE $ Rates used only for budget estimate. Reimbursement will be made according to the approved Subgrantee's average cost per mile to operate patrol vehicles, not to exceed the state rate. Documentation of cost per mile is required pdor to reimbursement. For Match Only: 5000 miles at $0.32 per mile = $ 1,600 B. REGISTRATION FEES (training, workshops, conferences, etc.) $ C. PUBLIC INFORMATION AND EDUCATION (PI&E) MATERIALS 1. Educational items = $0 (examples: brochures bumper stickers, posters, flyers, etc.) 2. Promotional items $0 (examples: key chains, magnets, pencils, pens, mugs, etc.) $ 1,600 $ 1,600 1,600 $ 1,600 TOTAL PI&E $ $ $ TOTAL OTHER MISCELLANEOUS TOTAL OTHER DIRECT COSTS SUMMARY: TOTAL LABOR COSTS TOTAL OTHER DIRECT COSTS $ $ 1,600 $ 1,600 $ $ 1,600 $ 1,600 $ 57,909 $ 10,586 $ 68,495 $ $ 1,600 $ 1,600 GRAND TOTAL $ 57,909 $ 12,186 Fund Sources: Percent Share 83% 17% $ 70,095 BUDGET NARRATIVE: [Include in narrative form any needed explanations as to specifics on travel (where to, what for, etc.), kinds of equipment, details on large dollar items and subcontracts, etc.] Travel: grant administrator, coordinator, officers to attend grant management seminars in San Antonio. Enfbud 8/00 10/91OO P~ 2 of 2 STEPNEWITCBUD.XLS/2001 Attachment C STANDARD ASSURANCES The Subgrantce hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR 18 and OMB Circular A-87, or OMB Circulars A-110 and A-21, or OMB Circulars A-1 I0 and A-122, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantec assures and certifies to the grant that: It possesses legal authority to apply for the gram; that a resolution, motion, or similar action has been duly adopted or passed as an official act to the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. It will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this agreement. It will comply with Title VI of Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant-sided activity. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (PL 91-646) which provides for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. 5. It will comply with the provisions of the Hatch Act which limit the political activity of employees. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 8. It will give the sponsoring agency the access to and the right to examine all records, books, papers, or documents related to the grant. 9. It will comply with all requirements imposed by the sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 10. It will insure that the facilities under its ownership, lease, supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the federal grantor agency oftha receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 11. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, PL 93-234, 87 Stat. 975, approved December 31, 1976. Sectien 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal fmanciat assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood baTards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance 12. h will assist the grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 USC 469a-1 et seq,) by (a) consulting with the State Historic Preservation Officer to conduct the investigation, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effecls (see 36 CFR 800.8) by the activity, and notifying the federal grantor agency of the existence of any such properties, and by Co) complying with all requirements established by the federal grantor agency to avoid or mitigate adverse effects upon such properties. 13. It will comply with Chapter 573 of the Texas Government Code by insuring that no officer, employee, or member of the applicant's governing body of the applicants grant shall vote or confirm the employment of any person related with in the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer employee authorized to employ or supervise such person. This proh~ition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. It will insure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. It will comply with Chapter 551 of the Texas Government Code~ which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as othenvise provided by law or specifically permitted in the Texas Constitution. Pa, y5 2 of 2 ATTACHMENT D Form IB55 DEBARMENT CERTIFICATION (1) The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency. Co) Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fi'and or a criminal offeases in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antiu'ust statues or commission of embezzlement, thet~, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more federal, state, or local public transactions terminated for cause or default. (2) Where the SUBGRANTEE is unable to certify to any of the statements in this certification, such SUBGRANTEE shall attach an explanation to this certification. Signature of Certifying Official David IL Garcia Ciw Manager Title Date LOBBYING CERTIFICATION for Grants, Contracts, Loans, and Cooperative Agreements ATTACHMENT E The undersigned certifies to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in eonnectian with the awarding of uny federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal cunU'act, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for intluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer er employee of Congress, or an employee of a Member of Congress in conneetiun with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LL, "Diseinsure Form to Report Lobbying", in accordance with its insla'uetiuns. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreceipients shall certify disclosure accordingly. This certification is a material representation of fact upon which reliance was placed when its transcation was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction impor, ed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature David R~ Garcia City Manager Title City of Corpus Christi Agency Date 79 ORDINANCE APPROPRIATING $57,909 FROM THE TEXAS DEPARTMENT OF TIL~.NSPORTATION IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR FUNDING TO IMPLEMENT AN INTERSECTION TRAFFIC CONTROL SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) ;VITHIN THE POLICE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $57.909 is appropriated in the No. 1050 Federal/State Grants Fund from the Texas Department of Transportation tbr funding to implement an Intersection Traffic Control Selective Traffic Entbrcement Project (STEP) within the Police Department. 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 tbr 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 Secretao' Samuel L. Neal. Jr., Mayor APPROVED k],_o ye-- ~ 15- James R. Bray Jr. City Attorney ,2000 By: Lisa Aguilar Assistant City Attorney 80 13 CITY COUNCIL AGENDA MEMORANDUM November t4, 2000 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to apply to the Criminal Justice Division of the Governor's Office for a three-year $750,000 Title V Delinquency Prevention Grant to enhance Municipal Court processing and tracking of status offenders and Juvenile Assessment Center case management services to at-risk youth. ISSUE: High levels of juvenile arrests and delinquency concern our community. National reseamh has proven that comprehensive intervention with status offenders prevents juvenile delinquency, but current community resources can only address a fraction of the families who need these services. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to apply for the grant. RECOMMENDATION: Staff recommends that the Council pass a resolution authorizing the City Manager or his designee to apply for the Title V Delinquency Prevention Grant. Marco A. Cisneros, Director of Park and Recreation Rodolfo G. Tamez,L/Chief Municipal Court J,~ie~ ADDITIONAL SUPPORT MATERIAL 'Exhibit A" Background Information 81 Background Information The goal of the Pre-Delinquency Court and Case Management Project is to decrease juvenile crime by helping at-risk families connect with the services they need to help their children avoid delinquency and become productive citizens of the community. Juveniles, who have been arrested for truancy and/or curfew violation, and their families, are the target group for the Pre-Delinquency Court and Case Management Project. The geographic area to be served is Nueces County. It is estimated that approximately 600 juveniles, ages ten through sixteen, and their families will participate in the project each year. The Juvenile Assessment Center of the City of Corpus Christi Park & Recreation Department serves as a temporary holding facility for juveniles arrested for curfew violations or for truancy. While held at the center, juveniles are invited to participate in an intake and assessment process and are given information about services in the community that can help them. Juveniles at-dsk of delinquency and their families are offered three months of case management services. If they accept, a case manager from the Juvenile Assessment Center meets regularly with the family to plan problem-solving strategies and to monitor the family's progress. Case managers help families connect with and follow through with needed services in the community. At the end of three months, the juvenile's family and a case manager from the Juvenile Assessment Center decide if their case can be successfully closed or if there is a need for case management services to continue. The Pre-Delinquency Court and Case Management Project would enhance the case management component of the Juvenile Assessment Center by providing for four additional case managers. These case managers would handle the cases of truant or curfew violating juveniles who are court-ordered into case management at the center. The project would also provide for a judge at Corpus Christi Municipal Court who would hear only status offense cases, such as truancies and curfew violations, and who would court order truants and curfew violators into the case management program at the Juvenile Assessment Center. Status offenses are acts that are only offenses because of one's status as a juvenile, like truancy, curfew violations, and running away. They are early warning signs of the delinquent behavior that, without intervention, will follow. =---- ---- Chnst November 1, 2000 To the Governor's Office, Criminal Justice Division: This letter is to verify that the City of Corpus Christi Commission on Children and Youth endorses, by a vote at our October 16, 2000 meeting, the City of Corpus Christi's application for a three-year, $750,000 Title V Delinquency Prevention Grant. The Commission will serve as the Prevention Policy Board required for the project. Thank you for your support for our community's efforts to prevent delinquency. Pau~a R e ~~ M~S ~WTA Cp~~ Chairperson, City of Corpus Christi Commission on Children and Youth 83 P.O. Box 9277 · Corpus Christi, Texas 78469-9277 · (512) 880-3000 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO APPLY TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR A THREE-YEAR $750,000 TITLE V DELINQUENCY PREVENTION GRANT TO ENHANCE MUNICIPAL COURT PROCESSING AND TRACKING OF STATUS OFFENDERS AND JUVENILE ASSESSMENT CENTER CASE MANAGEMENT SERVICES TO AT-RISK YOUTH. WHEREAS, the Pre-Delinquency Court and Case Management Project is beneficial to the public safety of the citizens of Corpus Christi by decreasing juvenile crime by helping at-risk families connect with the services they need to help their children avoid delinquency and become productive citizens of the community; and WHEREAS. the Ciu of Corpus Christi recognizes the need for a Pre-Delinquency Court and Case Management Project; and WHEREAS, in the event of the loss or misuse of these Criminal Justice Division funds, the City of Corpus Christi assures that funds will be returned to the Criminal Justice Division in full. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi hereby authorizes the City Manager, or his designee, to apply to the Criminal Justice Division of the Governor's Office for a three-year $750,000 Title V Delinquency Prevention Grant to enhance Municipal Court processing and tracking of status offenders and Juvenile Assessment Center case management services to at-risk youth. 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:\LEG-DIR'~V ERONICA\BRYN\BIVlORD. 100~BMORD00 112 84 14 CITY COUNCIL AGENDA MEMORANDUM Date: November 13, 2000 AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute a fifteen-year lease with the Robert Driscoll and Julia Ddscoll and Robert Dfiscoll, Jr. Foundation to lease 4.23 acres of land known as the Clara Ddscoll Field. Ordinance authorizing the City Manager, or his designee, to execute a fifteen-year lease with Buccaneer I.YdJe League to sublease the Clara Driscoll Field from the City of Corpus Christi for its baseball program. ISSUE: The Robert Ddscoll and Julia Ddscotl and Robert Driscoll, Jr. Foundation owns 4.23 acres of land known as the Clara Driscoll Field on 4235 Baldwin Boulevard. Buccaneer Little League wants to lease the field for its baseball program. The Driscoll Foundation is willing to allow the little league use of their field; however, they do not want to administer the youth league arrangements or have the exposure of doing this as a private organization. The City has agreed to assist by leasing the property from the Foundation and then subleasing the field to Buccaneer Little League. REQUIRED COUNCIL ACTION: Because the City is leasing the property from the Foundation, action in the form of a motion is required. Because the City is subleasing the property to Buccaneer Little League, action in the form of an ordinance is required. FUTURE COUNCIL ACTION: Any lease renewals or amendments to this agreement will require City Council approval. RECOMMENDATION: It is recommended that the leases with the Driscoll Foundation and Buccaneer Little League be approved. ~.~c ~---'~ (~.~...~--~ Marco A. Cisneros, Director Park & Recreation Department ADDmONAL SUPPORT MATERIAL Background Information Sublease Summary Ordinance/Resolution Map(s) 85 AGENDA MEMORANDUM BACKGROUND INFORMATION BACKGROUND: The Robert Ddscoll and Julia Ddscoll and Robert Ddscoll, Jr. Foundation owns 4.23 acres of land known as the Clare Driscoll Field on 4235 Baldwin Boulevard. Buccaneer Little League has asked the Ddscoll Foundation for the use of the field for its baseball program. The Ddscoll Foundation is willing to allow the little league use of their field; however, they do not want to be involved in the day-to-day management of the lease with the league. The Driscoll Foundation has agreed to lease the field to the City if the City agrees to assume the responsibility of managing the lease with Buccaneer Little League. If not, the baseball league will not have a place to play. Because of the exposure of the Foundation, the Foundation has asked the City to assume the role of landlord for their property. Since the City has experience in leasing ballfields to other leagues, the City has agreed to help Buccaneer Little League by leasing the Clara Driscoll Field from the Foundation and subleasing it to Buccaneer Little League. Buccaneer Little League is made up of youth from the City's Westside. Previously, the Driscoll Foundation had a lease with Westside Little League. That little league is now defunct and has reorganized as Buccaneer Little League with new officers. The Foundation had a lease with Westside Little League but when the league had problems, the Foundation decided that they lacked the experience to manage the lease. In order to continue to provide the children in the area with organized sports activities, a group of volunteers formed Buccaneer Little League and leased the Driscoll Foundation property on a short term basis. They are now interested in a long term lease for their youth sports activities. 86 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIFTEEN YEAR LEASE AGREEMENT WITH BUCCANEER LITTLE LEAGUE TO SUBLEASE THE CLARA DRISCOLL FIELD FROM THE CITY AND IN CONSIDERATION OF BUCCANEER LITTLE LEAGUE MAINTAINING THE PREMISES AND IMPROVEMENTS AND OPERATING ITS BASEBALL PROGRAM; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is authorized to execute a fifteen year lease agreement with Buccaneer Little League to sublease the Clara Driscoll Field from the City and in consideration of Buccaneer Little League maintaining the premises and improvements and operating its baseball program. A copy of the lease is on file with the City Secretary. SECTION 2. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Bmord00 126 87 BUCCANEER LITTLE LEAGUE LEASE THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: WHEREAS, the City of Corpus Christi ("City") leases Clara Driscoll Field; and WHEREAS, Buccaneer Little League, ("Lessee") desires to use Clara Driscoll Field for its baseball program; and WHEREAS, City desires to allow Lessee to use Clara Driscoll Field for its baseball program; NOW, THEREFORE, CITY and LESSEE in consideration of the mutual covenants herein agree as follows: 1. City's Title. A. Sublease. Lessee ackno~vledges and agrees that alth,o, ugh t_h,!s instrument is characterized as a "lease~ ~ ~ccaneer Little League is referred to as lessee , it is clear from all of the [rovisions of the instrument that the City's interest in the Premises is a leasehold estate which the ity acquired as lessee under a lease ("Master Lease") with the Drisco,l,1 Foundation. Thus th/s lease is a sublease in reality and the lessee is a sublessee. The terms "lease and "lessee" are used in lieu of"sublease" and "sublessee" primarily for clarity of style. B. Lessee's Acceptance of Master Lease terms. By agreeing to the terms contained herein Lessee accepts this Lease with reference to all of the terms, covenants, and conditions of the Master Lease ~ all references to the termination of the Master Lease by the Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation as lessor under the Master Lease. Lessee further acknowledges and agrees that it has examined the Master Lease, a copy of which is attached hereto as Exhibit "D", and ~s fully familiar with the provisions therein. 2. Term. The term of this Lease is approximately fifteen years, commencing on the 61 st day after final Council approval which is , and terminating on the termination date of the Master Lease; provided, however, that this Lease shall terminate no later than the fifteen year anniversary of the date of final Council approval. 3. Premises and Improvements. The City Leases to Lessee Clara Driscoll Field as d,e, sy,,ribed by metes and bounds and a map thereof respectively attached and incorporated as Exhibits A and "B, ("Premises"), and all improvements to the Premises including w~thout limitation the fields, bleachers, fences, irrigation systems, and the grassed areas ("Improvements"). 4. Consideration. Lessee must maintain the Premises and all Impr~,v, ements o,n a year-round basis in accordance with all rules set out by the City Manager or designee ( Manager' ) now or in the future. At a minimum, maintenance includes: a) Lessee picking up litter on a daily basis whenever the Premises are being used; weekly during the rest of the year. b) Lessee keeping full3' operational and in good repair the baseball fields, irrigation systems and fair weather parking area.,?ssee m.u, st immediately report any vandalism to the Director of Park and Recreation, or designee ( Director ), and the Police Department. BDM\00\2730.07-01 - 1 - 89 c) Lessee keeping safe and in good repair the bleachers. Lessee must keep the access roads and parking areas dust free, properly designated, and free of potholes in accordance with standards issued by the Director. Parking must be confined to designated areas. Lessee must repair potholes within 1Odavs after they are. or should have been, discovered. Lessee must repair the bleachers within 48 h6urs after the need for repair is, or should have been, discovered. d) Lessee must maintain the ball fields to the permit bounda.~ lines. Grass on the ball fields must not exceed 3 inches. Lessee must mow the ball fields within 1 week after grass reaches 3 inches. At least one month prior to start of any season, or pre-season practice, the ball fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass below 3 inches or to properly bring the fields back to playing condition is grounds for termination. e) Lessee must mow the grassy areas of the Premises. Grassy areas must not exceed 6 inches. Lessee must mow within 1 week after grass reaches 6 inches. Failure to keep the grass below 6 inches is grounds for termination. 5. Understanding. Lessee acknowledges and understands that use of Clara Driscoll Field is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use, wear, acts o fGod, fire and flood damage or destruction excepted. 6. Primary Use. Lessee must establish and maintain a recreational area with the primary use being fo.r the operation of a little league baseball, and for no other purpose without the Director's prior written consent. 7. Alterations or Additions. Lessee must not make an addition or alternation to the Premises or any Improvements without the Director's prior written approval. All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired and/or replaced at Lessee's expense, and may be removed by Lessee at ti~e expiration or termination of the Lease if they may be removed without damaging the Premises or any Improvements. All additions and alterations made by Lessee which are not removed at the expiration or termination of this Lease become property of the City without necessity of any legal action. 8. Utilities. Lessee must pay for all utilities used by it or any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill prior to the due date is grounds for termination. 9. Signs. Lessee may not erect signs at the Premises or on any Improvements without the Director's pn0r written approval. If signs are allowed the Director may require Lessee to remove, r.epair, or repaint any sign. If the signs are not removed, repaired, or repainted within 10 days of D~rector's whtten demand, City may do or cause the work to be done, and Lessee will pay City's cost within 30 days of receipt of D~ 'rector's invoice. 10. Security. Lessee will pay for all security it requires at the Premises. 11. Inspection. The Manager or Director has the fight to inspect the Premises and/or the Improvements at any time. If the inspection reveals that mmntenance is not being properly carried out Director may provide written notice to Lessee demanding compliance, l~f Lessee has not complied within 5 days after receipt of the demand City may undertake ,the work and Lessee shall pay City's cost plus I~)% overhead-within 30 days of receipt of Director s invoice. Alternatively, City may elect to terminate this Lease after 10 days written notice to Lessee. BDM\00\2730.07-01 - 2 - 90 12. Non-Discrimination. Lessee must not discriminate nor permit discrimination against any person or group o fpersons on the grounds of race. sex, disability, or national origin or in any manner prohibited bv the laws of the United States or the State of Texas. Director retains the right to take such action is the United States may direct to enforce this non-discrimination covenant. 13. Laws. Lessee must comply with all applicable Cit~, State, and Federal Government laws and regulations. All actions brought to enforce compliance will be brought in Nueces County where the Lease was executed and will be performed. 14. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee shall pay all City's court costs and expenses, including reasonable attorneys' fees. 15. Indemnity. To the extent permitted by Texas Law, Lessee, its officers, members, partners, employees, agents, and licencees ("Indemnitors") hereby fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, agents, licensees, and invitees ("Indemnitees") against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, worker's compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or caused by, or are claimed to arise out of or be in any manner connected with, or caused by, either proximately or remotely, wholly or in part, an act or omission, negligence or misconduct by Indemnitors or Indemnitees or any of Indemnitor's or Indemnitee's agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Lease, or trespassers entering upon the premises during Lessee's use or physical occupation of the Premises, or any of the hazards associated with sporting events, training or practice as a spectator or participant; or the violation by Indemnitees, Lessee, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or improvements located on the Premises herein or out of the use or occupancy of the improvements to the Premises or the Premises itself by Indemnitees, Lessee, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. The terms of indemnification are effective even though said injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees or any of them. Lessee must at its own expense, investigate all those claims and demands, attend to their settlement, or other disposition, defend all actions based thereon with counsel satisfactory to Indemnitees and pay all charges of attorneys and all 8DM\00\2730.07-01 - 3 - 91 other costs and expenses of any kind from any of said liability, damage, loss, claims, demands, or actions. 16. Insurance. Lessee must secure and maintain at Lessee's expense during the term of this L. ease. a Comme.rcial General Liability insurance policy with the limits and requirements shown on the attached and incorporated Exhibit C. The insurance policy must name the City of Corpus Christi and the Robert Driscoll and Julia Driscoll and Robert Dnscoll, Jr. Foundation as additional insureds prior to the commencement of this Lease. The Certificate of Insurance must be sent to the Director and must provide 30 days written notice of cancellation, intent to not renew or material change of any coverage refluired herein. Lessee will provide copies of all insurance policies to the City Attorney upon C~ty Manager's written request. 17. No debts. Lessee will incur no debts or obligations on the credit of the City. 18. Termination. Either City or Lessee may terminate this Lease without cause by giving 6 months written notice to the other. Termination for failure to maintain the Premises or its Improvements are governed by Sections 4 and 11. If there is non-compliance with any other terms, Director will give Lessee written notice to cure or begin curing the default within 10 days of receipt of the notice. If the cure is not complete or substantially complete within 30 days after Lessee's receipt of City's notice, City may terminate this Lease upon 10 days written notice. At any time a.fter one year from th.e date of this Lease, if the Premises are sold, City may cancel and terminate this Lease.by g~ving written notice to the Lessee that the Premises are'sold. This Lease terminates and is canceled effective six months from the date of receipt of the n.o. tice from the City, or thirty days after Lessee completes the use of the Premises for official httle league games at the end of the little league balIseason following receipt of such notice, whichever date occurs first. 19. Notice. All notices required or permitted to be sent may be sent by personal delivery or certified m~will be deemed received on the day delivered or mailed if delivered or mailed as follows: IF TO CITY: 121: TO LESSEE: City of Corpus Christi ATTN: Director of Park & Recreation P.O. Box 9277 Corpus Christi, TX. 78469-9277 Tel. No. (361) 880-3464 Buccaneer Little League ATTN: Abel Avalos, President 3529 South Naylor Circle Corpus Christi, TX. 78408 Tel. No. (361) 881-8297 Change of address may be made by sending notice as set out above. 20. List of Officers. Lessee, on the anmversary date of this Lease, must annually submit its current List of Officers to the Director. Failure to do so is grounds for termination of the Lease. The list of officers must contain each person's title, name, address, home phone, and office or fax phone if applicable. 21. Holdover. Upon expiration of this Lease, Lessee may holdover upon the same terms and conditions ~ein on a month-to-month basis. If use of the Premises is granted to someone BDM\00\2730.07-01 - 4 - 92 else, Lessee must vacate the Premises within 30 days after receipt of Director's notice to vacate. The termination period is reduced to 30 days maximu/n in any holdover period. 22. Reconstruction Funds. If City receives funds to reconstruct Improvements at the Premises, Le~t~--~-~'-~te the Premises on 60 days notice from the Director. Lessee has no action for damages against City for loss of use of the Premises and Improvements. City has no o~bligatiog.to prgviffe an altemat~ 19cation for Lessee during the Improvements reconstruction period. i ne conslaemt~on for Lessee g~wng, up all fights to use the Premtses and Improvements during the reconstruction period is the City s reconstruction of the Improvements for Lessee. Once reconstruction of the Improvements is complete the Director will notify Lessee of the date on which the. Premises and Improvements are once again available to Lessee. Lessee's term will not change or increase if City requests Lessee to vacate the Premises as set out herein. 23. Publication. Lessee agrees to pay the costs of newspaper publication of this Lease and related ordin--~-'~ ~-~quired by the City Charter. ~24: Taxes. Lessee must pay all ad valorem taxes assessed against the Premises during the term ot this Lease before the past due date, and furnish proof of payment to the Director prior to January 31 annually. , 25. ~: If any~ clause, orprov, ision oft~s Lease is illegal, invalid, or unenforceable .unaer present or tutu.re law elIective aunng the term otthis Lease, then the remainder of this Lease !s not affected thereby, and in lieu of each such clause or provision, a clause or provision (as similar tn terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable) will be added to this Lease automatically. 26. Entirety Clause. This Lease contains all terms and conditions agreed to by City and Lessee and displaces all prior Leases. SIGNED IN DUPLICATE this day of ,20 CITY OF CORPUS CHRISTI, LESSOR George K. Noe Deputy City Manager Legal 'form approved ,20 , James R. Bray, Jr., City Attorney By Bryn Meredith Assistant City Attorney BUCCANEER LITTLE LEAGUE, LESSEE Name: Abel Avalos Title: President BDM\00\2730.07-OI 93 - 5 - EXHIBIT A BUCCANEER LITTLE LEAGUE METES AND BOUNDS LEASE A tract of land containing 4.23 acres out of Lot G, Block 8, Corpus Christi Industrial District, Section 2, Nueces County, Texas: BEGINNING at a point on the East property line of Block 8, Corpus Christi Industrial District as recorded on Page 61, Volume 20, Map Records of Nueces County, Texas, said point also being 55 North of the Southeast comer of sa~d Block 7, for the Southwest comer ofth~s parcel. THENCE North, continuing along said East property line of said Block 8, Corpus Christi Industrial District, a distance of 435.00' to a point for the Northwest comer of this parcel. THENCE East, a distance of 125.00' to a point for a comer of this parcel. THENCE North, a distance of 200.00' to a point for a comer of this parcel. THENCE East, a distance of 241.25' to a point on the new West property line of Baldwin Boulevard for a comer of this parcel. THENCE S.14° -29' -00" E., along said new West property line of Baldwin Boulevard a distance of 101.08' to the begirming ora curve to the left. THENCE continuing along said West property line of Baldwin Boulevard, in agenerally Southeasterly directmn along said curve to the left whose radius is 1,185.98', a distance of 372.21' to a point for the East most comer of this parcel. THENCE S.61 © -28' -30" W., a distance of 393.22' to a point for a comer of this parcel. THENCE West, a distance of 170.00' to the place of BEGINNING and the end of this description. Parcel described above having a total area of 5.307 acres. SAVE AND EXCEPT: A tract of land out of Block 17, J. C. Russell Farm Blocks, Corpus Christi, Nueces County, Texas, as shown by plat of record in Vol. 3, page 53, Map Records of said County, BEGINNING AT A POINT at the Southwest comer of Lot 2, Block 7, Corpus Christi Industrial District as shown by plat of record in Vol. 27, page 29, Map Records of Nueces County, Texas, now owned by Grantees herein; THENCE, South along the East line of Lot 3A, Block 7, of said subdivision, 200 t5. to the SE comer of said Lot 3A for the SW comer of this tract; THENCE, E. I00 ft. for the SE comer of this tract; THENCE, N. 200 ft. to the SE comer of said Lot 2, Block 7, above mentioned for the NE comer of this tract; THENCE, W. along the S. line of said Lot 2, 100 ft. to the place of BEGINNING; containing a total of 0.459 acres of land; which tract is to be legally described by plat amendment to be filed of record as the South half of Lot 2A, Block 7, Corpus Christi Industrial District. BDM\00\2730.07411 94 - 6 - AND. SAVE AND EXCEPT: A portion of Block 8, Corpus Christi Industrial District, Section 2, described as follows: BEGINNING at a point, being the common east comer of Lot IA, Block 7 and Block 8, Corpus Christi Industrial District, Section 2 (as recorded at Vol. 32, Page 75 Map Records, Nueces County, Texas ); said point being also in the westerly right-of-way line of Baldwin Boulevard. ToHi.EiNCE, with the. westerly right-of-way of Baldwin Boulevard S 14 °-29'-00" E, a distance of · .08 feet to a pomt and the beginning of a circular curve to the left, the radial line from this point to the center of said curve having a bearing of N 79 °-27'-20"E; THENCE, with said curve to the left having a radius of 1,185.98 feet, being also the westerly right-of-way line of Baldwin Boulevard, 38.92 feet to a point; THENCE, S 69°-50'-18'' W, 185.66 feet to a point from whence the Southeast comer of Lot 3A, Block 7, Corpus Christi Industrial District bears West 100.0 feet; THENCE, North 200.00 feet to a point, being also the southwest comer of Lot IA, Block 7, Corpus Christi Industrial District Section 2; THENCE, with the south line of said Lot IA, Block 7, East 141.25 feet to the place of BEGINNING, said portion contaimng 0.622 acres of land. BDM\00\2730.07-OI 95 - 7 - EXHIBIT B m 8 96 EXHIBIT C IN~URANCE REOUIREMENT$ PERMITTEE'$ LIABILITY INSURANCE The Permtttee must not commence work under this agreement until he/she has obtameci all insurance :eqmreci hereto and such insurance hlLs been approved by the City. Nor may the Permlttee allow any 4ubcontractor to commence work until ail s]rtuim- insurance requlred of the subcontractor has been so obtalned. B. The Permlttee must furnish to the City's Risk Manager a copy of thc pollution policy as well as 2 copies of Cemficates of Insurance. w~th the City named az an additional insured for all liability nolicies, and a blanket waiver or' subrogation on all applicable policies showing the foilowthg rmnimum coverage by an insurance company~ s~ acceptable to the City's Risk Manager. TYPE OF INSURANCE 30-Day Notice of Cancellation required on all certificates ' Cornmercm~ General Liability including: i ?- Commercmt Form i 2. Prermses - O0erauons i 3. Products/Completed Operauons Hazm'd .I 4. Contractual Insurance ~}5. Broad Form Property. Damage Independent Contractors Personal Injury. MINI]~,IUM INSURANCE COVERAGE iBm:lily Injury and Property Damage $1.000.000 COMBINED SINGLE LIMIT, In the event of accidents of any kind. the Perrmttee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. M)DITIONAL REOUIREMENTS Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the liability coverage.except for the Workers' Compensation coverage and a blanket wmver of subrogation on ail applicable policies. * If your insurance company uses the standard ACORD tbrm. the cancellation clause (bottom right) must be amended by adding thc wording "changed or" between "be" and "canceled". and deleting the words. "endeavor.to". and deleting the wording gter "left". The name of the project must be listed under *'Description of Operations" At a minimum, a 30.day written notice of change or cancellation is required. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items l.t5 ~ l)-t %. an authorized representative of the insurance company must include a le~a.l 3pecificaily stating whether "~.~-:ns i.B. ~ 1 )-17) are inctu, ":} ,r excluded. - S-2000 e~ R~sk Mgm[. 97 EXHIBIT D DRISCOLL FOUNDATION CLARA DRISCOLL FIELD LEASE STATE OF TEXAS § COUNTY OF NIECES § KNOW ALL BY THESE PRESENTS: WHEREAS, T. S. Scibienski, Nettle Ruth Hoskins and C. Ivan Wilson as Trustees of the Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation (" Foundation") owns 4.23 acres of land as shown on Exhibit "A"; attached and made a part hereof; and WHEREAS. the City. of Corpus Christi, a Texas mumcipal corporation ("City"), desires to lease approxu'nately 4.23 acres of land as shown on Extfibit "A" ("Premises"); and NOW, THEREFORE, the parties, in consideration of the mutual promises and covenants herein, agree as follows: 1. Term Foundation leases the Premises subject to all of the terms and conditions of this Lease to the City. The term of this Lease is for fifteen years beginning 61 days after final City Council approval of this Lease unless sooner terminated. 2. Definitions. (A) City - City of Corpus Christi, lessee under this lease. (B) City Manager - City Manager of Corpus Christi or designee. (C) Council - City Council. (D) Park Director - Director of Park and Recreation Depm tmem or designee. ('E) Premises - approximately 4.23 acres of land as shown on Exlxibit "A ,, attached and incorporated, together with all improvements currently on. or to be constructed, on the Premises. No new improvements may be made without prior written approval fi-om the Foundation. (IV) Lease - This Lease Agreemem, including all Exhibits. (G) Foundation -T. S. Scibienski. Nettle Ruth Hoskins and~ C. Ivan Wilson as Trustees of the Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation, lessor under this lease. BDM\00\2730.07-02 98 (I-I) Sublessee - Organization, association, partnership, proprietorship or corporation authorized by Foundation to sublease the Premises from City. 3. Foundation Services and Responsibilities. (A) Primary Use. Foundation approves the City's use of the Premises for fifteen years. The Premises shall be used for the purpose of operating a little league baseball field and related facilities thereon and for no other purpose. 4. City Responsibilities. (A) Contact Person. For this Lease, the City's contact person is the Park Director. (B) Maintenance. City or Sublessee. will maintain the Premises and keep all amenities in a state of good repair. City or Sublessee. must pay for all utilities at the Premises. Premises must be used in accordance with Foundation rules and regulations during the term of this Lease. (C) Taxes. City must require Sublessee, if any, to pay all ad valorem ~xes assessed against the leased premises and furnish proof of such payment to Lessor on or before January 31 of each year during the term of this Lease. (D) Default. The following constitute events of default: Failure to keep, perform, and observe all promises, covenants, and conditions contained in this Lease. City, will be notified in writing of any default and have 15 days to cure or begin curing the default. 5. Miscellaneous. (A) Laws. City and Foundation must comply with all applicable federal, state, and local laws, rules and regulations. (B) Alterations. City. must not make any additions or alterations to any improvemem at the Facility without the Foundation's prior written consent. (C) Relationship. This Lease establishes a Landlord/Tenant relationship, and none other. In performing this Lease, both City and Foundation will act in an individual capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of either party, are not, nor construed to be, the employees or agents of the other party. for any purpose whatsoever. (D) Assignment or Sublease. This Lease and all obligations hereunder may not be assigned or subleased without prior written approval from Foundation. BDM\00\2730.074~2 2 (E) Nondiscrimination. City and Foundation covenant that all their respective officers, employees, agents, students, and invitees will be treated equally without regard to or because of race. religion, national origin, sex, age. or disability and in compliance with all federal and state laws prohibiting discrimination in employment. (F) Cancellation. This Lease may be canceled whenever City tails to comply with the provisions and covenants of this Lease, and fails or refuses to comply after written notice of a violation, recomraended cure, and period to cure. (G) Notice. All notices which are required to be sent under this Lease must be sent by certified mail or hand delivered as follows: If to City: City of Corpus Christi Park and Recreation Depaxhnent P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attemion: Director of Park and Recreation (512) 880-3464 If to Foundation: Robert Driscoll and Julia Driscoll Foundation P. O. Box 169 Corpus Christi, Texas 78403 Attention: Ted Daniel (512) 883-5471 and Robert Driscoll. Jr. Either party, may change the address to which notice is sero by using the method set out above. Foundation will notify City of an address change within 30 days after the address is changed. (H) Waiver. Any waiver by the parties to this Lease of a breach of any covenants, terms, obligations, or events of default is not a waiver of any subsequent breach, nor does the failure to require full compliance with the Lease change the terms of the Lease or estop the Parties from enforcing the terms of the Lease. (I) Surrender. Upon expiration or cancellation of this Lease, City will return Facility to Foundation in reasonably good condition, ordin~, wear and tear excepted. At any time after one year from the date of this Lease, if the Foundation receives an offer to purchase the Facility, the Foundation may cancel and terminate this Lease by giving written notice to the City that the Foundation has received an offer to purchase the Facility. This Lease shall then terminate and be canceled effective six months from the date of receipt of the notice from the Foundation, or thirty, days afier the City completes the use of the Facility tbr official little league games at the end of the little league ball season following receipt of such notice, whichever date occurs first. loo BDM\00\2730.07-O2 3 (J) Indemnity. To the extent allowed bv State law, City agrees to indemnify, and hold Foundation harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of City's business on the Premises or from any breach on the part of the City of any condition of this Lease. or from any act or negligence of the City, its agents, contractors, employees, subtenants. concessionaires, or licensees in or about the Premases. In case of any action or proceeding brought against the Foundation by reason of any such claim. City, upon notice from the Foundation, covenants to defend such action or proceeding by court,el acceptable to Foundation. (K) Termination. Either Foundation or City may terminate this Lease without cause by giving 6 months written notice to the other. If there is non-compliance with any other terms, Foundation will give City written notice to cure or begin curing the default within 30 days of receipt of the notice. If the cure is not complete or substantially complete within 30 days after City's receipt of Foundation's notice, Foundation may terminate this Lease upon 30 days written notice. At any time after one year from the date of this Lease. if the Premises are sold, Foundation may cancel and terminate this Lease by giving written notice to City that the Premises are sold. This Lease terminates and is canceled effective six months from the date of receipt of the notice from the Foundation, or thirty days after the completion of the official little league games at the end of the little league ball season following receipt of such notice, whichever date occurs first. EXECUTED IN DUPLICATE, each of which are considered an original, this the day of ,20 CITY OF CORPUS CHRISTI. LESSEE By George K. Noe Deputy City Manager lOl BDM\O0\2730.07-02 Legal form approved By: Bryn Meredith Assistant City Attorney ,2O , James R. Bray. Jr., City. Attorney TRUSTEES OF THE ROBERT DRISCOLL AND JULIA DRISCOLL AND ROBERT DRISCOLL, JR. FOUNDATION, LESSOR T. S. Scibienski Nettie Ruth Hoskins C. Ivan Wilson 102 BDM\GO\2730.07432 5 EXI-IIBIT A DRISCOLL FOUNDATION CLARA DRISCOLL FIELD LEASE METES .~ND BOUNDS A tract of land containing 4.23 acres out of Lot G, Block 8 Corpus Christi Industrial District Section 2, Nueces County, Texas: BEGINNING at a point on the East property, line of Block 8, Corpus Christi Industrial District as recorded on Page 61, Volume 20, Map Records of Nueces County, Texas, said point also being 455' North of the Southeast comer of said Block 8, for the Southwest comer of this parcel. THENCE North, continuing along said East property line of said Block 8, Corpus Christi Industrial District, a distance of 435.00' to a point for the Northwest comer of this parcel. THENCE East, a distance of 125.00' to a point for a comer of this parcel. THENCE North, a distance of 200.00' to a point for a comer of this parcel. THENCE East, a distance of 241.25' to a point on the new West property line of Baldwin Boulevard for a comer of this parcel. THENCE S. 14 o -29' -00" E., along said new West property line of Baldwin Boulevard a distance of 101.08' to the beginning of a curve to the left. THENCE continuing along said West property, tine of Baldwin Boulevard. in a generally Southeasterly direction along said curve to the left whose radius is 1,185.98', a distance of 372.21' to a point for the East most comer of this parcel. THENCE S.61 ° -28' -30" W., a distance of 393.22' to a point for a corner of this parcel. THENCE West, a distance of 170.00' to the place of BEGINNING and the end of this description. Parcel described above having a total area of 5.307 acres. SAVE AND EXCEPT: A tract of land out of Block 17. J. C. Russell Farm Blocks, Corpus Christi. Nueces County., Texas. as shown by plat of record in Vol. 3. page 53, Map Records of said County., BEGINNING AT A POINT at the Southwest corner of Lot 2. Block 7. Corpus Christi Industrial District as shown by plat of record in Vol. 27. page 29. Map Records of Nueces County, Texas. now owned by Grantees herein: 103 BDM\00\2730.07~}2 6 THENCE, South along the East line of Lot 3A, Block 7, of said subdivision. 200 ft. to the SE corner of said Lot 3A for the SW corner of this tract: THENCE, E. i00 ft. for the SE corner of this tract: THENCE, N. 200 ft. to the SE corner of said Lot 2, Block 7. above mentioned for the NE corner of this tract: THENCE, W. along the S. line of said Lot 2, 100 ft. to the place of BEGINNING: containing a total of 0,459 acres of land: which tract is to be legally described by plat amendment to be fried of record as the South half of Lot 2A. Block 7, Corpus Christi Industrial District. AND, SAVE AND EXCEPT: A portion of Block 8, Corpus Christi Industrial District, Section 2, described as follows: BEGINNING at a point, being the common east comer of Lot iA. Block 7 and Block 8. Corpus Christi Industrial District, Section 2 (as recorded at Vol. 32, Page 75 Map Records, Nueees County,, Texas ); said point being also in the westerly right-of-way line of Baldwin Boulevard. THENCE, with the westerly right-of-way of Baldwin Boulevard S t4°-29'-00" E, a distance of 101.08 feet to a point and the beginning of a circular curve to the left. the radial line from this point to the center of said curve having a bearing of N 79°-27'-20"E; THENCE, with said curve to the left having a radius of 1,185.98 feet, being also the westerly right-of-way line of Baldwin Boulevard, 38.92 feet to a point: THENCE, S 69°-50'-18" W, 185.66 feet to a point from whence the Southeast corner of Lot 3A, Block 7, Corpus Christi Industrial District bears West I00.0 feet: THENCE, North 200.00 feet to a poim, being also the southwest corner of Lot IA, Block 7, Corpus Christi Industrial District Section 2; THENCE, with the south line of said Lot lA, Block 7, East 141.25 feet to the place of BEGINNING, said portion containing 0.622 acres of land. 104 8DM~00\2730.07-O2 7 lOB DRISCOLL FOUNDATION CLARA DRISCOLL FIELD LEASE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: WHEREAS, T. S. Scibienski, Nettie Ruth Hoskins and C. Ivan Wilson as Trustees of the Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation (" Foundation") owns 4.23 acres of land as shown on Exhibit ..... A , attached and made a part hereof; and WHEREAS, the City of Corpus Christi, a Texas municipal corporation ("City"), desires to lease approximately 4.23 acres of land as shown on Exhibit "A" ("Premises"); and NOW, THEREFORE, the parties, inconsideration of the mutual promises and covenants herein, agree as follows: 1. Term Foundation leases the Premises subject to all of the terms and conditions of this Lease to the City. The term of this Lease is for fifteen years beginning on the date of final City Council approval of this Lease unless sooner terminated. 2. Definitions. (A) City - City of Corpus Christi, lessee under this lease. (B) City Manager - City Manager of Corpus Christi or designee. (C) Council - City Council. (I)) Park Director - Director of Park and Recreation Department or designee. '(E) Premises - approximately 4.23 acres of land as shown on Exhibit "A", attached and incorporated, together with all improvements currently on, or to be constructed, on the Premises. No new improvements may be made without prior written approval from the Foundation. (F) Lease - This Lease Agreement, including all Exhibits. (G) Foundation -T. S. Scibienski, Nettie Ruth Hoskins and C. Ivan Wilson as Trustees of the Robert Driscoll and Julia Driscoll and Robert Driscoll, Jr. Foundation, lessor under this lease. 107 BDM\00\2730.074)2 (H) Sublessee - Organization, association, partnership, proprietorship or corporation authorized by Foundation to sublease the Premises from City. 3. Foundation Services and Responsibilities. (A) Primary Use. Foundation approves the City's use of the Premises for fifteen years. The Premises shall be used for the purpose of operating a little league baseball field and related facilities thereon and for no other purpose. 4. City Responsibilities. (A) Contact Person. For this Lease, the City's contact person is the Park Director. (B) Maintenance. City or Sublessee, will maintain the Premises and keep all amenities in a state of good repair. City or Sublessee, must pay for all utilities at the Premises. Premises must be used in accordance with Foundation rules and regulations during the term of this Lease. (C) Taxes. City must require Sublessee, if any, to pay all ad valorem taxes assessed against the leased premises and furnish proof of such payment to Lessor on or before January 31 of each year during the term of this Lease. (D) Default. The following constitute events of default: Failure to keep, perform, and observe all promises, covenants, and conditions contained in this Lease. City will be notified in writing of any default and have 15 days to cure or begin curing the default. 5. Miscellaneous. (A) Laws. City and Foundation must comply with all applicable federal, state, and local laws, rules and regulations. (B) Alterations. City must not make any additions or alterations to any improvement at the Facility without the Foundation's prior written consent. (C) Relationship. This Lease establishes a Landlord/Tenant relationship, and none other. In performing this Lease, both City and Foundation will act in an individual capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of either party are not, nor construed to be, the employees or agents of the other party for any purpose whatsoever. (D) Assignment or Sublease. This Lease and all obligations hereunder may not be assigned or subleased without prior written approval from Foundation. 108 BDM\00\2730.07-02 2 (E) Nondiscrimination. City and Foundation covenant that all their respective officers, employees, agents, students, and invitees will be treated equally without regard to or because of race, religion, national origin, sex, age, or disability and in compliance with all federal and state laws prohibiting discrimination in employment. (F) Cancellation. This Lease may be canceled whenever City fails to comply with the provisions and covenants of this Lease, and fails or refuses to comply after written notice of a violation, recommended cure, and period to cure. (G) Notice. All notices which are required to be sent under this Lease must be sent by certified mail or hand delivered as follows: If to City: City of Corpus Christi Park and Recreation Department P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attention: Director of Park and Recreation (512) 880-3464 If to Foundation: Robert Driscoll and Julia Driscoll Foundation P. O. Box 169 Corpus Christi, Texas 78403 Attention: Ted Daniel (512) 883-5471 and Robert Driscoll, Jr. Either party may change the address to which notice is sent by using the method set out above. Foundation will notify City of an address change within 30 days after the address is changed. ~ Waiver. Any waiver by the parties to this Lease of a breach of any covenants, terms,, obligations, or events of default is not a waiver of any subsequent breach, nor does the failure to require full compliance with the Lease change the terms of the Lease or estop the Parties from enforcing the terms of the Lease. (I) Surrender. Upon expiration or cancellation of this Lease, City will return Facility to Foundation in reasonably good condition, ordinary wear and tear excepted. At any time after one year from the date of this Lease, if the Foundation receives an offer to purchase the Facility, the Foundation may cancel and terminate this Lease by giving written notice to the City that the Foundation has received an offer to purchase the Facility. This Lease shall then terminate and be canceled effective six months from the date of receipt of the notice from the Foundation, or thirty days after the City completes the use of the Facility for official little league games at the end of the little league ball season following receipt of such notice, whichever date occurs first. 109 BDM\00\2730.074)2 3 (J) Indemnity. To the extent allowed by State law, City agrees to indemnify and hold Foundation harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of City's business on the Premises or from any breach on the part of the City of any condition of this Lease, or from any act or negligence of the City, its agents, contractors, employees, subtenants, concessionaires, or licensees in or about the Premises. In case of any action or proceeding brought against the Foundation by reason of any such claim, City, upon notice from the Foundation, covenants to defend such action or proceeding by counsel acceptable to Foundation. (K) Termination. Either Foundation or City may terminate this Lease without cause by giving 6 months written notice to the other. If there is non-compliance with any other terms, Foundation will give City written notice to cure or begin curing the default within 30 days of receipt of the notice. If the cure is not complete or substantially complete within 30 days after City's receipt of Foundation's notice, Foundation may terminate this Lease upon 30 days written notice. At any time after one year from the date of this Lease, if the Premises are sold, Foundation may cancel and terminate this Lease by giving written notice to City that the Premises are sold. This Lease terminates and is canceled effective six months from the date of receipt of the notice from the Foundation, or thirty days after the completion of the official little league games at the end of the little league ball season following receipt of such notice, whichever date occurs first. EXECUTED IN DUPLICATE, each of which are considered an original, this the day of ,20 CITY OF CORPUS CHRISTI, LESSEE By George K. Noe Deputy City Manager 11o BDM\00~2730.07-02 4 Legal form approved By: Bryn Meredith Assistant City Attorney ,20 , James R. Bray, Jr., City Attorney TRUSTEES OF THE ROBERT DRISCOLL AND JULIA DRISCOLL AND ROBERT DRISCOLL, JR. FOUNDATION, LESS~)~>D T. S. Scibienski I~tie Ruth Hos-kins / ' C. Ivan Wilson 111 BDM\00L2730.074)2 5 EXHIBIT A DRISCOLL FOUNDATION CLARA DRISCOLL FIELD LEASE METES AND BOUNDS A tract of land containing 4.23 acres out of Lot G, Block 8 Corpus Christi Industrial District Section 2, Nueces County, Texas: BEGINNING at a point on the East property line of Block 8, Corpus Christi Industrial District as recorded on Page 61, Volume 20, Map Records of Nueces County, Texas, said point also being 455' North of the Southeast corner of said Block 8, for the Southwest comer of this parcel. THENCE North, continuing along said East property line of said Block 8, Corpus Christi Industrial District, a distance of 435.00' to a point for the Northwest corner of this parcel. THENCE East, a distance of 125.00' to a point for a comer of this parcel. THENCE North, a distance of 200.00' to a point for a corner of this parcel. THENCE East, a distance of 241.25' to a point on the new West property line of Baldwin Boulevard for a corner of this parcel. THENCE S. 14° -29' -00" E., along said new West property line of Baldwin Boulevard a distance of 101.08' to the beginning of a curve to the left. THENCE continuing along said West property line of Baldwin Boulevard, in a generally Southeasterly direction along said curve to the left whose radius is 1,185.98', a distance of 372.21' to a point for the East most corner of this parcel. THENCE S.61 ° -28' -30" W., a distance of 393.22' to a point for a corner of this parcel. THENCE West, a distance of 170.00' to the place of BEGINNING and the end of this description. Parcel described above having a total area of 5.307 acres. SAVE AND EXCEPT: A tract of land out of Block 17, J. C. Russell Farm Blocks, Corpus Christi, Nueces County, Texas, as shown by plat of record in Vol. 3, page 53, Map Records of said County, BEGINNING AT A POINT at the Southwest corner of Lot 2, Block 7, Corpus Christi Industrial District as shown by plat of record in Vol. 27, page 29, Map Records of Nueces County, Texas, now owned by Grantees herein; 112 BDM\O0\2730.07~}2 6 THENCE, South along the East line of Lot 3A, Block 7, of said subdivision, 200 ft. to the SE corner of said Lot 3A for the SW corner of this tract; THENCE, E. 100 ft. for the SE corner of this tract; THENCE, N. 200 ft. to the SE corner of said Lot 2, Block 7, above mentioned for the NE corner of this tract; THENCE, W. along the S. line of said Lot 2, 100 ft. to the place of BEGINNING; containing a total of 0.459 acres of land; which tract is to be legally described by plat amendment to be filed of record as the South half of Lot 2A, Block 7, Corpus Christi Industrial District. AND, SAVE AND EXCEPT: A portion of Block 8, Corpus Christi Industrial District, Section 2, described as follows: BEGINNING at a point, being the common east corner of Lot lA, Block 7 and Block 8, Corpus Christi Industrial District, Section 2 (as recorded at Vol. 32, Page 75 Map Records, Nueces County, Texas ); said point being also in the westerly right-of-way line of Baldwin Boulevard. THENCE, with the westerly right-of-way of Baldwin Boulevard S 14°-29'-00" E, a distance of 101.08 feet to a point and the beginning of a circular curve to the left, the radial line from this point to the center of said curve having a bearing of N 79°-27'-20"E; THENCE, with said curve to the left having a radius of 1,185.98 feet, being also the westerly right-of-way line of Baldwin Boulevard, 38.92 feet to a point; THENCE, S 69°-50'-18" W, 185.66 feet to a point from whence the Southeast comer of Lot 3A, Block 7, Corpus Christi Industrial District bears West 100.0 feet; THENCE, North 200.00 feet to a point, being also the southwest corner of Lot lA, Block 7, Corpus Christi Industrial District Section 2; THENCE, with the south line of said Lot lA, Block 7, East 141.25 feet to the place of BEGINNING, said portion containing 0.622 acres of land. 113 BDM\00\2730.07-02 7 Buccaneer Little League Sublease Summary 10. 11. Ten-year sublease of the Clara Driscoll Field by Buccaneer Little League. In 1996 Westside Little League ran into problems and could not maintain the Clara Driscoll Field. The league disbanded and there were no sports activities for the youth in the neighborhoods around Baldwin Boulevard and Airport Road. A group of parents then regrouped and created a new league called Buccaneer Little League. This group has been in existence since 1997 and has subleased the Clara Driscoll Field for three years at one-year intervals with no problems. In consideration for the sublease, Buccaneer Little League will maintain the premises and all improvements and will mow all assigned grassy areas. The League will pick up litter, irrigate baseball fields and repair bleachers when needed. Bleachers shall be repaired within 48 hours after the need for repair has been discovered. The premises will be used primarily for the operation of a little league baseball program. Written consent must be obtained before premises are used for other purposes. The League will pay for ali utilities and property taxes. Buccaneer Little League may not erect signs at the Premises without prior approval. All improvements which are not removed at expiration of contract become property of the Driscoll Foundation. Lessee must not discriminate nor permit discrimination against any person or group of persons on the grounds of race, sex, disability, or national origin or in any manner prohibited by the laws of the United States or the State of Texas. The League shall fully indemnify and hold harmless the City of Corpus Christi, its officers, employees, contractors, and agents, and the Driscoll Foundation against all liability, damages and other losses and claims. Lessee must secure and maintain comprehensive general liability insurance as specified by the City. Buccaneer Little League has provided a current Certificate of Insurance. If City funds to reconstruct improvements at the Premises, Lessee covenants to vacate the Premises on 60 days notice from the Director of Park and Recreation. Once reconstruction is complete, Director will notify User when Premises will be available to User. 7/10/00 115 UJ 116 15 ORDINANCE STATUS AGENDA ITEM: 1. Amending the code of ordinances, City of Corpus Christi, Chapter 33, Offenses and Miscellaneous Provisions, regarding Waterfowl Hunting; providing for penalties; providing for severance; and providing for publication. FIRST READING: November 14, 2000 Passed: 9-0 (unanimously) FINAL READING: November 21, 2000 COMMENTS: 117 CITY COUNCIL AGENDA MEMORANDUM November 10, 2000 AGENDA ITEM: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 33, OFFENSES AND MISCELLANEOUS PROVISIONS, REGARDING WATERFOWL HUNTING. ISSUE: Residents located in water oriented subdivisions have expressed concerns regarding noise and safety with the hunting of water fowl in proximity to their homes, in particular, near Padre Isles along the east shoreline of the Laguna Madre, south of the JFK Causeway. REQUIRED COUNCIL ACTION: Approval of the Ordinance. PREVIOUS COUNCIL ACTION: A) Based on complaints received from Padre Isles residents regarding the hunting of waterfowl near their homes, Council directed staff to review the City Code regarding the hunting of waterfowl within the Laguna Madre and recommend amendments to the code as deemed necessary. B) Section 33-75 of the Code was amended by Ordinance 10015, on Nov. 25, 1970, to allow duck hunting in Laguna Madre and again on November 10, 1976, by Ordinance 13471, making it unlawful for any person to erect a duck blind or hunt within 400 feet of the shoreline in the Laguna Madre. CONCLUSION AND RECOMMENDATION: The current limitation prohibiting waterfowl hunting within 400 feet of the east and west shoreline of the Laguna Madre conflicts with the residential uses in Padre Isles as well as with other water oriented activities, i.e. fishing, skiing, and boating. Although the hunting of waterfowl is prohibited elsewhere within the City limits, it does occur at vadous locations in the Corpus Christi and Nueces Bays, thereby posing future conflicts as these areas develop. Staff recommends amending the code to require that hunting of water fowl be a minimum distance of 1000 feet from a residence, business establishment; industrial facility, school; institution of higher education; other structure designed for residential or commercial occupation along Corpus Christi Bay, Nueces Bay and the Laguna Madre. 118 BACKGROUNDINFORMATION The hunting of waterfowl in the Laguna Madre in proximity to developed areas poses a nuisance and a possible hazard to residents and other occupants as well as conflicts with other recreational activities. Under the current ordinance, the Laguna Madre between Corpus Christi Bay south to the City limit line is the only area within the City limits where the hunting of waterfowl is permitted during lawful seasons provided it does not occur within 400 feet of the shoreline (Attachment A). The duck hunting seasons are October 28 through November 26, 2000 and December 09, 2000 through January 21, 2001. The hunting of waterfowl also occurs illegally in various unpopulated locations in Corpus Christi Bay on the backside of Mustang Island and in Nueces Bay. The anticipated residential growth in Padre Isles and development on Mustang Island will also pose future conflicts with the hunting of waterfowl unless the ordinance is amended. A sedes of meetings were held with concerned property owners, game wardens from Texas Parks and Wildlife, U.S. Fish and Wildlife, and representatives from Ducks Unlimited and Padre Island Property Owners Association regarding water fowl hunting in proximity to residences in Padre Isles. Of specific concern was the water area between the spoil islands paralleling the Intercoastal Waterway and the eastern shore of the Laguna Madre south of the JFK Causeway (Attachment B and C). Residents have complained of noise, falling shot in yards or pools, broken windows, and to some extent, safety of persons fishing, boating and skiing in the general vicinity of the hunters. The proposed ordinance with the 1000-foot distance would effectively eliminate waterfowl hunting along the east bank of the Laguna Madre in the areas where residences have been constructed. The distance of a 1000 feet from residences and other occupied structures was determined to be more than adequate in that the maximum carrying distance of shot from a gun is approximately 375 feet. As new residences or other development is constructed, the 1000-foot distance would automatically adjust to further restrict the hunting. The intent of the 1000 foot minimum requirement is to establish a hunting regulation that not only could be applied in the Laguna Madre but also in Corpus Christi Bay and Nueces Bay as these areas are developed without having to revise the ordinance. The Texas Parks and Wildlife game warden said their policy is to enforce local hunting regulations adopted by Council and concurred that the 1000 foot hunting prohibition is a safe distance and a good compromise to the 400 foot requirement under current rules. Representatives from Duck's Unlimited indicated they would assist the City in signing the water areas around Padre isles where hunting is proposed to be eliminated, based on the 1,000 foot distance. Michael N. Gunning (/ Director of Planning Background Information Water Fowl Ordinance Page 2 Attachments: Attachment A: Attachment B: Attachment C: Existing Waterfowl Hunting Area Map Proposed Waterfowl Hunting Area Map Projected 1,000 Foot Distance Map Page 4 Page 5 Page 6 120 ATTACHMENT A: EXISTING WATERFOWL HUNTING AREA MAP HUNTING AREA MAP 122 KING ATTACHMENT C: PROPOSED 1,000 FOOT DISTANCE # CORPUS C~f~ SAY NAS / #LAGUNA / ...... MADI~E -APPROK DUCK- ~_ -- -HUNTNG AR~- L7 NUECE$ CO. KLEBERG CO. LAGUNA MADRE 123 / . APPROX. ~: 1" = ~ ~ 1.14 mi. AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 33, OFFENSES AND MISCELLANEOUS PROVISIONS, REGARDING WATERFOWL HUNTING; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. Section 33-75 of the Code of Ordinances is revised to read as follows: "Section 33-75. Discharging firearms; ~k-waterfowl hunting. "(a) It shall be unlawful for any unauthorized person to fire or discharge any gun, pistol, rifle or other firearm of any description within the city, or from without the corporate limits of the city and permit any shot, projectile, D's B-B's, slugs or ammunition to fall within the city. ~The unauthorized discharge of firearms of any description outside of the city and within four hundred (400) feet of the city limits or the firing outside of the city and permitting the projectile to fall within the city is hereby declared a nuisance and is prohibited:; ~ , "(b) However, except as restricted by subsection (c) of this section, t,h~-t duck waterfowl hunting within the lawful seasons and during the times prescribed by ~ ~ ~ny Federal and State agencies with iurisdiction over the taking of waterfowl, subject to the rules and regulations of Federal and state agencies of appropriate jurisdiction, and the discharge of firearms, subject to such state law, rules~ and regulations, shall be permitted within the city in the following described areas: Corpus Christi Bay, Nueces Bay, ez. st -' '~- '-"-"' ............. ' ......... po~;or~ of the Upper Laguna Made-Madre within the corporate limits. (For the purposes of this section, anyone on the waterside of the veqetation line is considered to be within Corpus Christi Bay or Upper Laquna Madre. "(c) No waterfowl huntin.q is permitted within 1,000 feet of a residence; business establishment; industrial facility, school; institution of higher education; other structure desiqned for residential or commercial occupation (but not includinq storaqe sheds, hunting/fishing camps, pump facilities); dock appurtenant to a residential or commercial structure (other than those associated with a huntinq/fishing camp or oil/gas field production installation); trailer or recreational vehicle park; military installation; any public beach; any City, County, State, or Federal park; the JFK causeway between Flour Bluff and North Padre Island, the causeway between Corpus Christi and Portland, or the corporate limits of another municipality that prohibits the dischar.qe of firearms within its city limits. R02806A7 wpd 124 ',~ht y F -'"-- '-~-- the no2he&st r; -of-wa ine ~, ,,,~ ~,~,,,, F. ' ..................... 174; 2 R02806A7.wpd 1 25 3 noC, hwmat of and ........... ~ ..... " .... "~ ...... ~--- of Laguna 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 of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. 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. R02806A7.wpd 126 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. 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. 4 Armando Chapa City Secretary APPROVED: James R. Bray, Jr. City Attorney day of Samuel L. Neal, Jr. Mayor ,2000: By: R. Jay Reining First Assistant City Attorney R02806A7.wpd 127 16 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: November 21, 2000) Case No. 0900-02~ Virgil Hinoiosa: A change of zoning from an "R-lB" One-family Dwelling District to an "R-2" Multiple Dwelling District on Tract I and "B-I" Neighborhood Business District on Tract 2, being 5.44 acres out of a 234.24-acre tract out of the McKinzie 388.290-acre tract in Survey 411, located on the south side of Up River Road, approximately 2,250 feet east of McKinzie Road. Planning Commission's Recommendation (10/11/00'}: Approved. Staff's Recommendation: Denied the "B-I" District on Tract 2 and approved the "R-2" District on Tracts 1 and 2. Requested Council Action: Approval of the "R-2" Multiple Dwelling District on Tract I and "B-I" Neighborhood Business DisWict on Tract 2 and adoption of the attached ordinance. Purpose of Request: To develop Tract I with 43 townhome traits and Tract 2 with a neighborhood commercial center. Summary: The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to an "R-2" Multiple-family Dwelling Distr/ct on Tract 1 (4.15 acres) and a "B-I" Neighborhood Business DisMct on Tract 2 (1.29 acres). It is the applicant's intent to develop Tract 1 with 43 townhouse units and Tract 2 with a retail center containing approximately 8,420 square feet. The subject property is located along a collector, Up River Road, and a proposed local street, Deer Run Drive, currently under consWaction. Up River Road extends west to McKinzie Road, an arterial, and east to Carbon Plant Road, also an arterial. Both roads provide access to IH-37. The towahome development on Tract 1 would only have access to Deer Run Drive. Tract 2 will have direct access to Up River Road and Deer Run Drive. Across Deer Run Drive to the west, the property has been platted for development of an elementary school. The proposed multiple-family development would not adversely impact the school in terms of the residential density or traffic. The proposed retail center could impact the school and school safety zones depending on the uses, such as a convenience store with fuel sales. The Northwest Area Development Plan recommends the land area along the south side of Up River Road between McKinzie Road and Rand Morgan Road be developed with low-density residential. Along the north side between Up River Road and Interstate Highway 37 (I.H. 37), medium-density residential development is recommended. Up River Road is a designated collector that currently is constructed as a rural cross-section with a 60-foot right-of- way and 24-foot pavement section consisting of two lanes and no roadside shoulders, curbs, gutters, or sidewalks. Although the proposed townhome development would have a minimum impact on the traffic carrying capacity of Deer Run Drive, Up River Road and the future school safety zone for the proposed elementary school to the west, the proposed "B-I' District commercial site, however, does raise several issues regarding traffic safety and compatibility of nses next to an elementa~ school. There are no elementary school sites in Corpus Christi in direct proximity with commercial sites, such as the proposed "B-I" development. Access to the commercial site will be from Deer Run Drive and Up River Road. A "B-I" District will constitute the first commercial site to be introduced in this segment of Up River Road thereby setting the pattern for furore commercial development. If a "B-1" District were approved, it is likely that the commercial use will "domino" onto the properties on the south side of Up RAver Road west towards McKinzie Road and east towards Carbon Plant Road. 129 Scheduling Memo November 10, 2000 Case No. 0900-02 (Virgil Hinojosa) Page 2 The Planning Corurmssion, on a 7-2 vote, recommended approval of the "R-2" and "B-I" Districts as requested. The two (2) dissenting Comrmssioners, preferred a "B-lA" District to the "B-I" District, stating that the "B-IA" District performance standards would provide added protection to the future residential neighborhood and elementary school. Staff concurs that if a commercial district is considered desirable along Up River Road, the "B-IA" District is preferable to a "B-I" District. Applicant's Position: The applicant concurs with Plarmmg Cornrmssion's recommendation. Notification: Prior to the date of this memorandum, five (5) notices were mailed to the property owners within a 200-foot radius, of which one (1) was returned in favor and none were returned in opposition. The 20% rule is not in effect. Michael N. Gmm~ng, AICP / D/rector of planning ' MG/MS/er Attachments: I) Zoning Report Pages 3-11 2) Comments Received Page 12 3) planmng Comrmssion Minutes Pages 13-16 4) Ordinance Pages 17-20 H:~PLN- DIR\EtLM A\WO RD~AGEN DM E M\0900-02AGENDAM EMO.DOC 130 CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0900-02 September 27, 2000 56-8 (L1 lA) Virgil Hinojosa Being 5.44 acres out of a 234.24-acre tract out of the McK/nzie 388.29-acre tract in Survey 41 l, located on the south side of Up River Road, approximately 2,250 feet east of McKinzie Road. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: 5.44 acres Same as above. "R-lB" One-family Dwelling District "Ro2" Multiple-family Dwelling District on Tract 1 and "B-I" Neighborhood Business District on Tract 2. Undeveloped land. Develop Tract 1 with 43 town_home units and Tract 2 with a neighborhood commercial center. Not applicable. Adjacent Zoning: Surrounding Area- "R-1B" One-family Dwelling District Adjacent Land Use: North - (across Up River Road) Undeveloped land. South, East, West - Undeveloped land. 131 Zoning Report Case No. 0900-02 (Virgil Hinojosa~ Page 2 Number of Residential Units Allowed: "R-lB" - 39 units (7.26 dwelling units per acre) "R-2" - 60 units (14.52 dwelling units per acre on 4.15 acres) "B-I" - 46 units (36.30 dwelling units per acre on 1.29 acres) Estimated Traffic Generation: Residential condominiun~townhouse - 5.86 average weekday vehicle trip enas per dxx eiling unit x 60 dwelling units = 352 average weekday vehicle trip ends. Specialty retail center - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 8,420 square feet of gross floor area = 342 average weekday vehicle trip ends. Total estimated traffic generation = 894 average weekday vehicle trip ends. Adiaeent Streets/Classification: a) Up River Road - collector b) Deer Run - local street Right-of-Way Design Current: a) 60-foot fight-of-way with a 24-foot rural paved section. b) Unimproved fight-of-way. Planned: a) 60-foot fight-of-way with a 40-foot back-to-back paved section. c) 60-foot fight-of-way with a 40-foot back-to-back paved section. 1996 T~'affic Count (24-hour. ~veekdav. non-directional): a) 930 vehicles per day (at Carbon Plant Road) Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: There has been no rezoning activity in the area within the past five (5~ years. Zoning Report Case No. 0900-02 (Virgil Hi~ojosa) Page 3 Zonin~ Inventory: The subject property is part of a large area zoned "R- lB" District that extends south from IH-37 to Leopard Street and from Rand Morgan Road west to Callicoate Road. The surrounding area rema/ns undeveloped with the east, west, and south ends of the "R-lB" District area developed with single- family residences. PlanninR Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to an "R-2" Multiple-family Dwelling District on Tract 1 (4.15 acres) and a "B-I" Neighborhood Business District on Tract 2 (1.29 acres). It is the applicant's intent to develop Tract 1 with 43 townhouse units and Tract 2 with a retail center containing approximately 8,420 square feet. The subject property is located along a collector, Up River Road. and a proposed local street. Deer Run Drive, currently under construction. Up River Road extends west to McKinzie Road, an arterial, and east to Carbon Plant Road, also an arterial. Both roads provide access to 15-1-37. The townhome development on Tract 1 would only have access to Deer Run Drive. Tract 2 will have direct access to Up River Road and Deer Run Drive. Across Deer Run Drive to the west, the property has been platted for development of an elementary school. The proposed multiple- family development would not adversely impact the school in terms of the residential demqity or traffic. The proposed retail center could impact the school and school safety zones depending on the uses, such as a convenience store with fuel sales. The Northwest Area Development Plan recommends the land area along the south side of Up River Road between McKinzie Road and Rand Morgan Road be developed with low- density residential. Along the north side between Up River Road and Interstate Highway 37 (I.H. 37), medium-density residential development is recommended. Up River Road is a designated collector that currently is constructed with a rural cross- section - 60 feet of right-of-way; 24-foot pavement section with two lanes and no roadside shoulders, curbs, gutters, or sidewalks. The proposed townhome development xvould have a minimum impact on the carrying capacity of Deer Run Drive, Up River Road and the future school safety zone for the proposed elementary school to the west. The proposed "B-1" District commercial site, however, does raise several issues regarding traffic safety and compatibility of uses next to an elementary, school. Access to the commercial site will be from Deer Run Drive and Up River Road. A "B-i" District will constitute the first commercial site to be introduced in this segment of Up River Road thereby setting the pattern tbr future development. Ifa "B-I" District were approved, it is likely that the commercial use will "domino" onto the properties on the south side of Up River Road xvest toxvards McKinzie and east toxvards Carbon Plant Road. A City Council 133 Zoning Report Case No. 0900-02 (Virgil Hinojosa) Page 4 adopted Policy Statement states that due to the City's financial lim/tations, new development should occur in a pattern which is cost effective. Conformity to the Comprehensive Plan and Land Use Compatibility: The Northwest Area Development Plan's adopted future land use map recommends the area to develop with low- density residential uses. The requested "B-I" District is not consistent with the Plan's adopted future land use map. Potential Housing Density: The "R-lB" District permits a density of 7.26 dwelling units per acre or 39 units on the subject property. An "R-2" District permits a density of 14.52 dwelling units per acre or 60 units on 4.15 acres of the subject property. A "B-I" District permits 36.30 dwelling units per acre or 46 units on 1.29 acres of the subject property. This increase in density will have minimal affect on the surrounding vacant land. Heie. ht/Bulk/Setbacks/Etc.: The "R-lB" District requires a front yard setback of 25 feet with a side and rear yard setback of five (5) feet each. Both the "R-2" and "B-I" Districts require a front yard setback of twenty (20) feet with the "R-2" District requiring a side and a rear yard setback of five (5) feet each for single-family and duplex uses and ten (10) feet each for one-story structure plus five (5) feet for each additional story in multiple-family development. Side and rear yard setbacks for residential development in the "B-I" District are ten (10) feet each. There are no required side or rear yard setbacks for nonresidential development in the "B-I" District unless adjacent to a residential district where a setback of ten (I0) feet would be required. If the requested "13-1" District is approved, a setback often (10) feet will be required along the south and east property lines. Signage: Both the "R-lB" and "R-2" Districts limit signs to one wall sign with a sign area not to exceed one square foot. Wall signs in the "B-I" District are unlimited as size and number. Freestanding signs in the "B-I" District are limited to one freestanding with a sign area of forty (40) square feet and a height of twenty (20) feet. Traffic: Traffic Engineering has reviewed the change of zoning and anticipates that vehicular access to the new elementary school, located west of the subject property, and to this new commercial development will primarily be via Up River Road. Up River Road presently has a county road cross-section, 24-feet of pavement with ditches on both sides. Up River Road is classified as a collector with sixty (60) feet of right-of-way. Traffic volume information show this section of Up River Road to carry, over 1,000 vehicles per day (i.e., pass-by traffic). It is estimated that the proposed school xvill generate approximately 430 vehicle trips during its afternoon peak hour. The proposed toxvnhouse development is estimated to generate approximately 25 vehicle trips during the same time period and the proposed commercial development approximately 300 vehicle trips during the same time period. Traffic Engineering has assumed that 20% of the projected p.m. peak hour traffic or 150 vehicles will access this area from the south, Charles Street/stonewall/Deer Ran. The remaining 80% of the generated traffic plus approximately 100 vehicles per hour currently using Up River Road. for a total of 705 vehicles, will most probably use Up River Road for access. Using 134 zonmg Repo~ Case No. 0900-02 (Vkgil Hin~osa) Page 5 roadway capacity guidelines, it estimates that the hourly service volume per lane for a fringe collector is 475 vehicles per lane or 950 vehicles on Up River Road. The projected 705 vehicles during the p.m. peak hour traffic would significantly degrade the volume (demand) to capacity operating level of the existing width of Up River Road. Therefore, in order to keep traffic flowing smoothly along Up River Road, required road improvements include expanded pavement at the Up River Road and Deer Run Drive intersection to allow for a right-mm lane on the eastbound side and a left-mm lane on the westbound side of Up River Road. These improvements would not be necessary if Tract 2 developed residentially. Parkine,/Screening: Residential development is required to provide 1.5 off-street parking spaces for each one-bedroom unit or two (2) off-street parking spaces for each unit containing two (2) bedrooms or more. A retail shopping center is required to provide one off-street parking space for each 250 square feet of gross floor area. Compliance with the off-street parking regulations will be required during the permitting phase of the proposed development. A standard screening fence xvith a height of not less than six (6) feet is required when a business or industrial use locates adjacent to a residential district. If the commercial zoning is approved, a screening fence will be required along the south and east property lines. Costs to City: Approval of the "B-i" District will require City participation in the expansion of the pavement width at the Up River Road/Deer Run Drive intersection for right-tums and left-tums along Up River Road. Continued expansion of the commercial area may also require City participation in the improvement of Up River Road to its ultimate pavement width. · Plattine: The subject property is currently unplatted and a plat is pending. Pros: (Ideas in support of the request.) a) The requested "R-2" and "B-I" District is a progression of land uses from a collector street on the north to the low-density residential on the south. b) The "B-I" District would provide pedestrian accessible neighborhood retail facilities to the proposed residential area to the south. Cons: (Ideas in support of maintaining the current zoning.) a) Approval of the "B-I" District would compound a traffic problem at the intersection of Up River Road and Deer Run Drive. b) Approval of commercial development would place the City in a situation that would require the improvement of a roadxvay that has not been approved in the current Capital Improvement Program. 135 Zoning Report Case No. 0900-02 (Virgil Hinojosa) Page 6 Staff Recommendation: Approval of the "R-2" Multiple Dwelling District on Tracts t and 2 and denial of the "B-I" Neighborhood Business District. Attachments: Zoning and Ownership Map Ownership List Northwest Area Location Map I I:\PLN-DIR\ERMA\WORD~ZONRPTS\090002RE P.DOC SORS MAP 'l.3B--A SUBJECT PARCEL MAP 13 R Vii CASE Z0900-02 137 · - Property Owner in Favor X ProperW. Owner Opposed See Comments on Page(s) feet listed on attoched ownersni= list Owners 200 VIRGIL RINOJOSA P. O. BOX 6?36 78466 1 2 3 4 UNKNOWN 5 UNK/~OWN S P UNKNOWN SUPERINTENDENT TULOS0-MIDWAY I.S.D. 9760 LA BP3%NCH 78410 JENNELL RICHTER RECORD STAR P. 0. BOX 1192 ROBSTOWN, TEXAS 78380 026901380320 MCKINZIE WILLIAM E JR ROW TX DEPT. OF TRllNSPORTATION 026901380326 MCKINZIE WILLIAM E JR OWNERSHIP LIST CASE NO. 0900-02 VICTOR MEDINA MEDINA ENGINEERING 2434 SACKY DR. 78415 10118 UP RIVER 1701 S.P.I.D. 10118 UP Ri'lrER JUBILEE DEVELOPMENT INC 4802 EVEP/4ART VIRGIL HINOJOSA P.O. BOX 6736 JTJBILEE DEVELOPMENT INC 4802 EVEPJ~L~RT H: \ PLN - D I R \ ERMA\ WORD \ LA~ELS \ 0900 - 02OWNERSHI P. TXT 139 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0900-02 Virgil Hinojosa · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: l) William E. McKinzie, Jr., 10118 Up River Road No written comment. Opposition: None. 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. HSPLN-DIR\ERMA\WORD\COMMDATA\O900-02COM.DOC 140 /£ Planning commission Minutes September 27, 2000 Virgil Hinojosa: 0900-02 REQUEST: "R-lB" One-Fam/ly Dwelling Disu'ict to "R-2" Multiple-Family Dwelling District on Tract I and "B-1' Neighborhood Commercial Dislrict on Tract 2 on property being 5.44 acres out of a 234.24-aere tract out of the MclCMzie 388.29-acm tract in Survey 411, and located on the south side of Up River Road, approximately 2,250 feet east of Merle Road Mr. Saldafia stated that the applicant requested a two- (2) week continuance due to an emergency out of town. Staffrecommends a two- (2) week continuance. Motion by Sween-McGloin, seconded by Cheek, to approve a two- (2) week continuance. Motion passed unammously with Richter, Salazar, and Zamora being absent. 141 Planning Commission Minutes October 11. 2000 Continued Zoning Cases Virgil Hinojosa: 0900-02 REQUEST: "R-lB" One-family Dwelling District"R-2" Multiple-family Dwelling District on Tract 1 and "B- I'' Neighborhood Business District on Tract 2 being 5.44 acres out ora 234.24-acre tract out of the McKinzie 388.29-acre tract in Survey 411, located on the south side of Up River Road, approximately 2,250 feet east of McKinzie Road. Mr. Saldafia presented a slide illustration of the subject property and the surrounding areas. The subject property is part of a large area zoned "R-lB" District that extends south from IH~37 to Leopard Street and from Rand Morgan Road west to Callicoate Road. The surrounding area remains undeveloped with the east, west, and south ends of the "R-IB" District area being developed with single-family residences. Mr. Saldafia stated that the applicant requested a change of zoning to develop Tract 1 with 43 towahouse units and Tract 2 with a retail center containing approximately 8,420 square feet. The subject property is located along a collector, Up River Road, and a proposed collector street, Deer Run Drive, cun-ently under constructiun. Up River Road extends west to McKinzie Road, an arterial, and east to Carbon Plant Road, also an arterial. Both roads provide access to IH-37. The townhouse development on Tract 1 would only have access to Deer Run Drive. Tract 2 will have direct access to Up River Road and Deer Run Drive. Across Deer Run Drive to the west, the property has been platted for devetopmant of an elementary school. The proposed multiple-family development would not adversely impact the school in terms of the residential density, or traffic. The proposed retail center could impact the school and school safety zones depending on the uses, such as a convenience store with fuel sales. The subject property is located in the Northwest Area Development Plan which recommends the land area along the south side of Up River Road between McKinzie Road and Rand Morgan Road be developed with low- density residential. Along the north side between Up River Road and Interstate Highway 37 (I.H. 37), medium- density residential development is recommended. Up River Road is a designated collector that currently is improved with a rural cross-section - 60 feet of right-of-way; 24-foot pavement section with two lanes and no curbs, gutters, or sidewalks. The proposed townhouse development would have a minimum impact on the carrying capacity of Deer Run Drive, Up River Road and the future school safety zone for the proposed elementary school to the west. The proposed "B-I" District commercial site. however, does raise several issues. Access to the commercial site will be from Deer Run Drive and Up River Road. The peak hour trip generation from the commercial use would adversely impact the traffic because Up River Road as a rural cross-section is marginally adequate for carrying the increased commercial traffic. A "B-I" District will constitute the first commercial site to be introduced in this segment of Up River Road thereby setting the pattern for futuro development. If a "B-I" District were approved, it is likely that the commercial use will "domino" onto the properties on the south side of U'p River Road west towards McKinzie and east towards Carbon Plant Road. A City Council adopted Policy Statement states that due to the City's financial limitations, new development should occur in a pattern which is cost effective. Traffic Engineering has reviewed the change of zoning and anticipates that vehicular access to the new elementary school, located west of the subject property,, and to this new commercial development will primarily be via Up River Road. Up River Road presently has a coune..' road cross-section, 24-feet of pavement with ditches on both sides. Up River Road is classified as a collector with sixty (60) feet of right-of-way. The only available traffic volume information is from the Texas Department of Transportation's traffic volume counts taken in 1996 showing this section of Up River Road carrying 930 vehicles per da3'. Over the last five years traffic volumes have increased to over 1,000 vehicles per day. It is estimated that the proposed school will generate approximately 430 vehicle trips during the p.m. peak hour. The proposed townhouse development is estimated to generate 25 vehicle trips (p.m. peak hour) and the proposed commercial development 300 vehicle trips during the same time period. Traffic Engineering has assumed that 20% of the projected p.m. peak hour traffic or 150 vehicles will access this area from the south. Charles Street/stonewall/Deer Run. The remaining 80% or 600 vehicles will use Up River Road. Another assumption is that 10% of the 24-hour traffic volume or 100 vehicles will be included in traffic volume of the p.m. 142 Planning Commission Minutes October 11, 2000 Case No. 0900-02 (Virgil Hinojosa) Page 2 peak hour traffic. Therefore, the estimated volume of traffic during a "p.m." peak hour along Up River Road is 700 vehicles. Using roadway capacity guidelines, it estimates that the hourly service volume per lane for a fringe collector is 475 vehicles per lane or 950 vehicles on Up River Road. The projected 700 vehicles during the p.m. peak hour traffic would degrade the Level-of-Service (LOS) fi.om a LOS A to a LOS C or LOS D. In order to keep traffic flowing smoothly along Up River Road, required road improvements include expanded pavement at the Up River Road and Deer Run Drive intersection to allow for a right-turn lane on the eastbound side and a leR-turn lane on the westbound side of Up River Road. These improvements would not be necessary if Tract 2 developed residentially. Ma'. Saldafia stated that Staffrecommends approval of the "Ro2" Multiple Dwelling District on Tracts 1 and 2 and denial of the "B-l" Neighborhood Business District. There were five (5) notices sent to property owaers within a 200-foot radius, of which one was returned in favor and none in opposition. Chairman Berlanga opened the public hearing. Victor Medina, 2434 Sacky, representing Virgil Hinojosa, stated that the applicant proposed to develop commercial property along Up River Road and townhomes in the rear of the property. He stated that the development would enable the residents of the townhomes to walk to the retail center. Mr. Medina addressed traffic concerns by stating that school traffic occurs in the early morning and late afternoon; therefore, commercial traffic will not impact school t~affic. He stated that there is a similar situation on Rodd Field Road and Wooldridge near Smith Elementary with "B-l" Disu'ict zoning. Mr. Medina stated that he believed that the property across Up River Road would not develop residentially and that the Northwest Area Development Plan will eventually blend the school district with "B-I" District zoning in the area. In response to Commissioner Cheek's quesfion regarding specific ideas for the development, Mr. Virgil Hinojosa, Portland, stated that the development would compliment the neighborhood. He provided examples: Moody's Taquitos, Subway, and dry cleaners. Mr. I-Iinojosa stated that a bank was developed across McKinzie Road and that the area is beginning to develop. With regard to alcohol sales, the applicant was advised that a business that serves alcohol would not be allowed within the area of the proposed school. Mr. Hinojosa addressed Commissioner Cheek's quesfiun regarding zoning-based development by stating that he required the requested zoning to meet his desired accomplishment for the area. He continued that a "B-IA" Neighborhood Business District would be a compromise. Public hearing was closed. Mr. Gunning stated that between McKinzie Road and Rand Morgan Road, there are mixed commercial and multi-family uses and that Up River Road is a collector. He continued that because Up River Road would be used as a schoo! route, it would be very difficult to recommend a "B-l" District in the area. Commissioner Kelly stated that a "B-lA" District offers the same uses and would be less ora traffic impact in the area. To which Mr. Gunning stated that there is less buildable area for the lot in a "B-lA" District. Mr. Leo Farias, Special Services Engineer, stated that there are no planned road improvements with regard to Up River Road. However, such improvements will probably be a capital improvement project, since there is not requirement for the developer to enlarge the roadway. Mr. Gunning stated that the Superintendent of Tuloso-Midway School District has remained neutral in the matter to consider "B-I" District and is in favor of the requested "R-2" District. Commissioner Amsler stated that Up River Road has to be improved and that he did not believed the City would stop development due to financial concerns and stated that he supported the rezoning request. 143 Planning Commission Minutes October 11, 2000 Case No. 0900-02 (Virgil Hinojosa) Page 3 Commissioner Mims expressed concern with the high traffic count provided in the zoning report. She stated that she toured the area prior to the Commission meeting and did not believe the traffic count was that ingh. She continued that most of the traffic would begin and end at a certain time due to the school and work trips. Mr. David Seller, Traffic Engineer, stated that there is no development in the area at tit:; 'line. Traffic is during peak hour of the school. Traffic projections are proven by the demand on the streets. ( , problem is not necessarily the traffic but the taming ability from Up River Road into the development. E aot limiting the development, there would be a significant impact unless there is improvement of the road. In response to the Commission's question regarding time-frame for development of the property, Mr. Hinojosa stated that he would be developing the townhouse project frrst and the commemiai site soon after. He stated that his long-term plans are to complete the project within 24 months. Conunissioner Richter stated that she believed that the development was a creative solution to no development, especially considering the density. Traffic concerns will be in the future. She stated that she supports the application request. Mr. Gunning stated that with regard to the land use aspect, Staff reviews every application carefully. He continued that once a commercial use is allowed in an area, it creates a domino affect. He stated that there are several uses in "B-I" District that would not be appropriate for the area and that he favored the multi-family zoning. Commissioner SalaTar congratulated the applicant for stimulating growth in the area. Conmaissioner Sween-McGloin stated that she concurred with Cormmissioner Richter; however, favored a "B-IA" District. She continued that a "B-lA" District promoted pedestrian development and excludes "B-I" District uses that are not compatible with neighborhoods. Commissioner Sween-McGloin stated that the "B-lA" District is the type of development that the Commission wanted to create for areas sinailar to the Up River Road area and favors layered zoning. Commissioner Richter did not support a "B-lA" District for this undeveloped area and believed the "B-lA" District was more appropriate for redeveloping areas. Motion by Richter, seconded by Amsler. for a "R-2" Multiple-family Dwelling District on Tract I and "B-I" Neighborhood Business District on Tract 2. Motion passed with Amsler, Cheek. Kelly, Mims, Richter, Salazar, and Berlanga voting "Aye" and Sween-McGloin and Zamora voting "Nay". 144 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY VIRGIL HINOJOSA, BY CHANGING THE ZONING MAP IN REFERENCE TO 5.44 ACRES OUT OF A 234.24-ACRE TRACT OUT OF THE MCKINZIE 388.290-ACRE TRACT IN SURVEY 411, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT 'TO "R-2" MULTIPLE DWELLING DISTRICT ON TRACT 1 AND "B-I" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 2; 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 Virgil Hinojosa 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, October 11,2000, during a meeting of the Planning Commission, and on Tuesday, November 21, 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 5.44 acres out of a 234.24-acre tract out of the McKinzie 388.290-acre tract in Survey 411, located on the south side of Up River Road, approximately 2,250 feet east of McKinzie Road, from "R-lB" One-family Dwelling District to "R-2" Multiple Dwelling District on Tract 1 and "B-I" Neighborhood Business District on Tract 2. A metes and bounds description of the subject property is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 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. H:\LEG-DIR~NOEMI~DDCURTIS'u'CYDOCS~2OOO~P&ZOF~DOO~ONING.ORD\DOYLEC~ZOgOOO2A.DOC 145 /'7 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the 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 21st day of November, 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM November 6, 2000 James R. Bray, Jr. City Attorney By: H:\LEG-DIR\NOEMI\DDCURTIS\MYDOCS~000\P&ZORD00~ON~NG ORD\DOYLECtZ090002A.DOC 146 State of Texas County of Nueces FIELD NOTES for a 4.15 acre tract of land, out of MAPLE HILLS SUBDMSION, being originally out of a 35.24 acre tract known as Tract 2, as recorded in Volume 1450, Pages 528-529, Deed Records of Nueces County, Texas; said 35.24 acre tract being a portion of the McKinzie 388.26 acre tract in Survey 417, patented to F.W. Shaeffer, Abstract 571, Survey 419, patented to F.W. Shaeffer, Abstract 570, Survey 422, patented to A.E. Spohn, Abstract 850, Nueees Count~, Texas; said 4.34 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod, found at the Southeast comer of said Tract 2, also being the Southwest comer of Tract 3, as recorded in Volume 1450, Pages 521 & 522, of the Deed Records of Nueees County, Texas. TWENCE N 09° 07'00"E, for a distance of 641.54 feet, to a 5/8 inch iron rod, set for the Southeast comer of said 4.34 acre tract and POINT OF BEGINNING. Tlt~NCE N 80© 02' 05" W, for a distance of 342.62 feet, to a 5/8 inch iron rod, found for the Southwest comer of said 4.34 acre tract; THENCE North, along the south right-of-way line of proposed Stonewall Boulevard, with a curve mining to the lett, bearing a Radius of 80.0 feet, an Angle ofg0© 50' 55", a Tangent of 8 I. 19 feet, for a distance of 126.85 feet, to a 5/8 inch iron rod, found for a point along the west boundary of said 4.34 acre tract; THENCE N 09° 07' 00" E, along the east right-of-way line of proposed Deer Run Drive, for a distance of 612.34 feet, to a 5/8 inch iron rod, found for a point along the west boundary of said 4.34 acre tract; TItENCE North, along the east right-of-way line of proposed Deer Run Drive, with a curve mining to the right, bearing a Radius of499.11 feet, an Angle of 5© 54' 30", a Tangent of 25.76 feet, for a distance of 20.68 feet, to a 5/8 inch iron rod, set for the Northwest comer of said 4.34 acre tract; TItENCE S 65° 27' 48" E, for a distance of 272.84 feet, to a 5/8 inch iron rod, set for the Northeast comer of said 4.34 acre tract: THENCE S 09© 07' 00" W, for a distance of 645.53 feet, to the POINT OF BEGINNING, containing 4.15 a~ State of Texas County of Nueces FIELD NOTES for a 1.29 acre tract of land, out of MAPLE HILLS SUBDIVISION, being originally out of a 35.24 acre tract, known as Tract 2, as recorded in Volume 1450, Pages 528-529, Deed Records of Nueces County, Texas; said 35.24 acre tract being a portion of the McKinzie 388.26 acre tract in Survey 417, patented to F.W. Shaeffer, Abstract 571, Survey 419, patented to F.W. Shaeffer, Abstract 570, Survey 422, patented to A.E. Spohn, Abstract 850, Nueces County, Texas; said 1.11 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod. found at the Southeast comer of said Tract 2, also being the Southwest comer of Tract 3, as recorded in Volume 1450, Pages 521-522, of the Deed Records of Nueces County, Iexas. TItENCE N 09° 07'00"E, for a distance of 1317.07 feet, to a 5/8 inch iron rod, set for the Southeast comer of said 1.11 acre tract and POINT OF BEGINNING. TltE~NCE N 65° 27' 48" W, for a distance of 272.84 feet, to a 5/8 inch iron rod, set for the Southwest comer of said 1.1 i acre tract; TItENCE North, along the east right-of-way line of proposed Deer Run Drive, with a curve turning to the right, bearing a Radius of 499.11 feet, an Angle of 17° 17' 49", a Tangent of 75.92 feet, for a distance of 130.00 feet, to a 5/8 inch iron rod, found for a point along the west boundary of said 1.11 acre tract; THENCE N 26° 24' 49" E, along the east right-of-way line of proposed Deer Run Drive, for a distance of 80.0 feet, to a 5/8 inch iron rod, found for a point along the west boundary of said 1.11 acre tract; TltENCE North, along the east right-of-way line of proposed Deer Run Drive, with a curve turning to the right, bearing a Radius of 20.0 feet, an Angle of 90° 00' 00", a Tangent of 20.0 feet, for a distance of 31.42 feet, to a 5/8 inch iron rod, found for the Northwest comer of said I. 11 acre tract; TItENCE S 63° 35' 11" E, along the south right-of-way line of Up River Road, for a distance of 201.14 feet, to a 5/8 inch iron rod, found for the Northeast comer of said I. 11 acre tract; THENCE S 09° 07' 00" W, for a distance of 230.0 feet, to the POINT OF BEGINNING, containing 1.29 acres. AGENDA MEMORANDUM SUBJECT: Omaha Street Improvements (Project #6087) AGENDA ITEM: A. DATE: November 15, 2000 Ordinance closing the public hearing on proposed assessments for improvements to Omaha Street in Corpus Christi, Nueces County, Texas. Motion authorizing the City Manager, or his designee, award a construction contract in the amount of $898,763.00 with Asphalt Paving & Construction Co. for the Omaha Street Improvements. ISSUE: Omaha Street between I.H. 37 and Leopard Street is a rural read section with inadequate shoulders, roadside ditches, and no sidewalks and needs to be reconstructed to urban standards. Reconstruction of Omaha Drive will provide smoother riding surfaces and improved drainage and fulfill property owner requests for street improvements under the Voluntary Paving Program. FUNDING: Funds to finance the proposed project are available in the FY 1998-1999 and FY 1999 - 2000 CBDG Funds and Water and Wastewater Commercial Paper Program. RECOMMENDATION: Staff recommends approval of the motion as presente~d. [.--- 'Angel R . E., Director of Engineering Services Additional Support Material: Exhibit "A" Agenda Background Material Exhibit "B" Project Budget Exhibit "C Bid Tab Summary Exhibit "D" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Omaha Drive Street Improvements (Project No. 6087) PRIOR COUNCIL ACTION: November 26, 1996 - Specifying rules to apply when the City intends to assess abutting property or affected railways to secure payment for highway or related improvements, including rules concerning assessment hearing notice and the assessment hearing itself; and authorizing the Director of Engineering Services to prepare assessment certificates. (Resolution No. 022767) July 29, 1997- Approval of the FY 1997-1998 Community Development Block Grant (CDBG) Program in the amount of $7,677,000 of which $155,000 was specified for the Omaha Drive Street Improvements Project (Ordinance No. 022917). May 12, 1998 -Approval of the FY 1998-1999 Community Development Block Grant (CDBG) Program in the amount of $5,888,694 of which $510,000 was specified for the Omaha Drive Street Improvements Project (Ordinance No. 023313). May 18, 1999 - Approval of the FY 1999-2000 Community Development Block Grant (CDBG) Program in the amount of $5,752,078 of which $300,000 was specified for the Omaha Drive Street Improvements Project (Ordinance No. 022917). August 22, 2000 - Approval of the FY 2000-2001 Capital Improvement Budget (Ordinance No. 024162). October 10, 2000- Approval of Resolution Determining the Necessity for and Ordering the improvements of Omaha Drive from I.H. 37 to Leopard Street. October 10, 2000 - Approval of Resolution approving plans and specifications for improvements to Omaha Drive from I.H. 37 to Leopard Street. FUTURE COUNCIL ACTION: · Adopting the final assessment roll (tentative date February, 2002) ~.NGINEERING~DATAltHOME~LYNDAS~GENVSTREETS',6087 OMAHA~CONSTRUCTION CONTRACT'~BAC KGRO UN D,DOC 150 Page 1 of 2 GENERAL: The Ellendale Gardens Units 1 & 2 (platted in 1928) and the Shipp Tract (platted as individual lots in 1960 through approximately 1973) are an older neighborhood comprised mostly of multi-family, commemial and industrial land uses. The public improvements, streets, were initially constructed about 1928 with roadside d. itches and no sidewalks. The roadside ditches provide poor drainage and are unsightly. Asphalt driveways and street sections are in poor repair. The 24-inch and 8-inch water lines, and 8-inch wastewater collection lines within the area are old and need to be replaced. The poor condition of the aged infrastructure was the basis for inclusion in the CDBG Program, which will provide for complete rework of the public facilities within the area. Utility work will be accomplished prior to reconstruction of the streets so that street and drainage work need not be disturbed in the future for utility replacement. The project includes new pavement, curb and gutter, sidewalks, driveways and storm drainage, plus water/wastewater improvements. PROJECT DESCRIPTION: This project consists of the removal and replacement of 8-inch and 24-inch water mains and 8-inch sanitary sewer mains and service connections to individual customers. Existing storm sewer pipes, inlets and culverts will be replaced with a new storm sewer system on Omaha Drive and on nearby Leopard Street. Pavement, driveways, earthwork, paving base, fences, walks, and fences will be replaced in conjunction with construction of a new 28-foot back-of-curb to back-of-curb street between Leopard Street and I. H. 37. The project includes concrete curb and gutter, sidewalks and driveways, caiiche base, lime stabilized sub-grade, and other work required to complete the project. CONTRACT BIDS: This project consists of a single base bid. A total of seven (7) bid proposals were received for the project, which ranged from $898,763 to $1,170,041.50. Asphalt Paving and Construction Co. was the lowest responsible bidder at $898,763.00. The Engineer's construction estimate was $1,065,100.00. Based on the recommendation from the City's consultant, Bash & Welsh Engineering, and past satisfactory experience, staff recommends that a construction contract in the amount of $ 898,763.00 be awarded to Asphalt Paving and Construction Co. CONTRACT TERMS: The contract specifies that the project will be completed in 240 working days with completion anticipated by November 2001. FUNDING: Funds for this project are available from the FY 998-1999 and FY1999-2000 CDBG Funds and Water and Wastewater Commercial Paper Funds. 151 Page 2 of 2 OMAHA STREET IMPROVEMENTS LEOPARD STREET TO IH - 37 PROJECT BUDGET PROJECT NUMBER: 6087 November 15, 2000 FUNDS AVAILABLE: FY 97-98 CDBG Program (530000-1050-00000-859804) FY 98-99 CDBG Program (530000-1050-00000-859905) FY 99-00 CDBG Program (530000-1050-00000-850006) FY 00-01 Water Commercial Paper Program (530000-4475-00000-200165) FY 00-01 Wastewater Commercial Paper Program (530000-4500-00000-200165) AMOUNT 155,000 510,000 300,000 332,990 131,410 Total Required: FUNDS REQUIRED: Construction (Asphalt Paving & Construction Co.) Engineering Consultant (Bass & Welsh Engineering) Contingencies (10%) Construction Inspection Land Acquisition Testing (Geotech & Quality Control) Reimbursements Incidental Expense (Printing, Advertising, etc.) Total Required: $ 1,429,400 AMOUNT $ 898,763 127,180 89,457 ~135,000 100,000 27,000 50,000 2,000 $ 1,429,400 Exhibit "B" Page 1 of 1 152 F~le : \Mproject\councilexhibits\exh6087. dwg PROJECT LOCATION[ ~N~ · ! ~ ~,. LEOPARD / , -~ LOCATION ~ NOT TO SCA~ C~TY PROJECT No. 6087 EXHZBZT "D" C~ COUNCZL EXH~BZT ~ O~A DR~VE STREET ~MPROVEMENTS ~ o~ ~N~/~ s~c~ FROB LEOP~D STREET TO ~.H. 37 PAGE: I o~ 1 C~ OF CORPUS CHRIS. ~ DA~: 11-15-2000 ~ ORDINANCE CLOSING THE PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENTS TO THE FOLLOWING HIGHWAY IN .CORPUS CHRISTI, NUECES COUNTY, TEXAS: Omaha Drive Improvements Omaha Drive I.H. 37 to Leopard Street IMPOSING ASSESSMENTS TOTALING $126,982.07 AGAINST PROPERTY ABUTTING THE IMPROVEMENTS, AFFECTED RAILWAYS, AND PROPERTY AND RAILWAY OWNERS; FIXING CORRESPONDING LIENS ON PROPERTY AND CHARGES AGAINST PROPERTY OWNERS; PROVIDING FOR SUBSEQUENT ADJUSTMENT OF ASSESSMENT AMOUNTS AND THE CORRESPONDING LIENS AND CHARGES BASED ON AS-BUILT CONDITIONS; SPECIFYING ASSESSMENT PAYMENT TERMS AND LIEN ENFORCEMENT MEASURES; AND DECLARING AN EMERGENCY. In its Resolution No. 024246, passed on October 10, 2000, the city council determined that it was necessary to improve and ordered the improvement of the following highway in Corpus Christi, Nueces County, Texas: Omaha Drive--I.H. 37 to Leopard Street (collectively, the "Omaha Drive Improvements Project") (the "Project"). In that resolution, the city council also noted that street, curb, gutter, and sidewalk improvements were to be paid for partly by the city and partly by assessments. Driveway improvements were to be paid for entirely by assessments. On November 26, 1996, the city council passed Resolution No. 022767, which specified rules which apply to the city street improvement assessment process (the "Assessment Process Rules Resolution"). These roles concerned assessment hearing notice and the assessment hearing itself. In Resolution No. 024247, passed on Oct 10, 2000, the city council scheduled a public hearing on proposed assessments for the Omaha Drive Improvements Project. The city council directed that hearing notice be published and mailed in accordance with the Assessment Process Rules Resolution. Thereafter, notice was published on the following dates: October 23, 2000, October 30, 2000, and November 6, 2000. Written notice was sent via certified mall to owners of property abutting the proposed improvements, and owners of affected railways, if any, on November 156 7, 2000. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. During the November 21,2000 city council meeting, a public hearing was held concerning proposed assessments for the Omaha Drive Improvements Project. The city council considered: A. written testimony by the city's director of engineering services and a city-retained real estate appraiser. A copy of the appraiser's written testimony is attached as Exhibit A; B. testimony, ii' any, by owners of property abutting the proposed improvements and their representatives; C. testimony, if any, by owners of affected railways and their representatives; D. additional testimony, if any, by the director of engineering services, other members of city staff, and a city-retained real estate appraiser; and E. other testimony and evidence} if any. After consideration of all testimony and other evidence, the assessment hearing is closed. SECTION 2. Proposed assessments for each property abutting proposed improvements and for affected railway property, if any, are listed in Exhibit B. These assessments have been calculated according to the requirements of the Code of Ordinances, City of Corpus Christi (the "Corpus Christi Code") Section 49-2 1 and Texas Transportation Code Chapter 313. The fi'ont-foot rule was applied unless that would have resulted in injustice or inequality. In those cases, however, the city council has applied special rates or made other equitable adjustments to the assessments, all considering the: · A. special benefit the property and the owner receive in enhanced value to the property; B. equities of the owners; and C. adjustment of the apportionment to produce a substantial equality of benefits received and burdens imposed. SECTION 3. The city council determines that the assessment on each property listed in Exkibit B is just and equitable and does not exceed the special benefit in enhanced value which that property and its owner will receive by construction of the proposed improvements. 157 SECTION 4. The assessments listed in Exhibit B are adopted and fixed as a lien on thc property and a personal liability and charge against the property owner. This includes any property which is in the area between, under, or extending two feet outside a railway's tracks, double tracks, turn outs, or switches. SECTION 5. The director of engineering services or his designee is authorized to adjust these assessments and the corresponding liens and charges without further city council action if it is determined atter completion of the proposed improvements that the mount of property actually improved is either greater or less than the amount utilized for purposes of calcul~ng the assessment. Under those circumstances, an adjustment may be made to ensure that the assessment for each property corresponds to as-built conditions. The adjustment will be made using the same assessment method (fi:out-foot rule, special rote, other equitable adjustment) which was used to calculate the assessment listed in Exhibit B. It is intended that these adjustments will not be substantial in nature. Thus, they will not trigger any statutory requirement for the city council to hold a new assessment hearing to impose revised assessments. SECTION 6. These assessments have been imposed after due consideration of all testimony and other evidence. They include any appropriate equitable adjustments. They also reflect the correction of any errors, inaccuracies, or irregularities noted at the public hearing. All protests against or objections to the assessments or to the contract for the improvements, other than as reflected in Exhibit B, are denied. SECTION 7. In accordance with Corpus Christi Code Section 49-21, a property owner may pay an assessment as follows: Any property owner against whom and against whose property an assessment has been imposed may pay the whole assessment, without interest, within thirty (30) days after completion and acceptance of the improvements by the city. Alternatively, an assessment may be paid in 120 or fewer monthly installments. The fkst installment will be payable within thirty (30) days after completion and acceptance of the improvements by the city. Installments and accrued interest will be due each month thereafter until the assessment is paid. Alternatively, an assessment may be paid in 10 or fewer annual installments. The first installment will be payable within thirty (30) days after completion and acceptance of the improvements by the city. One installment and accrued interest will be due each year thereafter until the assessment is paid. SECTION 8. The interest rate on assessments will be the greater of: eight (8) percent per annum; or H:~EG.DIR/SHINDA~JOHI~ORD00.100UPBORDO0.106 158 B. the interest rate paid by the city on its most recently issued general obligation bonds. Assessment installments may be paid at may time before maturity by paying the principal and accrued interest. If a property owner does not timely pay an assessment indebtgdness or any part thereof, then the whole indebtedness remaining unpaid will, at the option of the city, immediately mature and become payable without notice, demand, or presentment for payment. SECTION 9. These assessment liens are first and prior liens on the property affected. They are superior to any other lien or claim other than one for county, school district, or municipal ad valorem taxes. The liens date from October 10, 2000, the date when the Corpus Christi City Council ordered the Omaha Drive Improvements Project. SECTION 10. A lien against property or the personal liability of a property owner that arises from an assessment under this ordinance may be enforced by suit or sale of the property assessed in the manner provided by law for sale of property for municipal ad valorem taxes. Further, the assessments may be collected along with interest, expenses of collection, and reasonable attorneys' fees. SECTION 11. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency because of the need for immediate action necessary for the efficient and effective administration of city affairs, such finding of an emergency is made and declared requiring suspension of the charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon f~rst reading as an emergency measure this the __ day of ,2000. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary VRovED: D^¥ OF , 2000 MAYOR, Loyd Neal JAMES R. BRAY JR., CITY ATTORNEY By: ~J~. 1~. ~lurk~r. ' ~- ~sistant City Attorney H:~&EG-DI~HrNDA~IOHI~ORD00.100LrpBORD00. 106 159 GEORGE N. PARASKEVAS R£A£TORS October 13, 2000 PRELIi~[NARY ASSESSMENT ROLL, OMAHA DRIVE FROM LEOPARD STREET TO m_~7 SOU'rrl FRONTAGE ROAD My name is George N Paraskevas and I am a State Certified Residential appraiser and have been evaluating property and practicing real estate in the Corpus Christi area since 1971. I have experience in appraising both commercial and residential properties, and I am familiar with the real estate market in Corpus Christi. I am familiar with the Omaha Street Improvement. I agree with Mr. Angel R. Escober's description of the conditions to be changed and I am familiar with the improvements to be made by the City of Corpus Christi. I have reviewed the projec~ assessment roll; and personally examined each of the 34 parcels of land therein. In my opinion each such parcel will be specifically benefited by each improvement to be assessed against it; without regard to the community benefit. In addition, it is my opinion that each such parcel will be specially enhanced by such improvement at At least to the extent of the assessment stated. Thank you, George N Paraskevas Appraiser EXHIBIT "A" 160 OF'FIC£ (512) 992-2541 October 2. 2000 ITEM OWNER AND NO, PROPERTY DESCRIPTION 4 2 DESCRIPTION QUANTITY OF RATE PRELIMINARY ASSESS.MENT ROLL OMAHA DRIVE FROM LEOPARD STREET TO I-H37 S. FRONTAGE ROAD NORTHSIDE WILLIAM DISTRIBUTING CO. 601 19TH ST.. SUITE 800, 78408 LOT 1.8A CT 10' OF 3A, BLK 1 ELLENDALE GARDENS NO 3 B-4 & 1-2 GULF COAST COUNCIL OF LA RAZA INC. 2230 BALDWIN ST. 78405 LOTS 9-10 & 5' LOT 11 ELLENDALE GARDENS NO. 2 A-2 B.L. GUESS. INC. 728 ELIZABETH. 78405 LOTS 12. 13 LESS N. 10" LOT 13 ELLENDALE GARDENS NO. 2 A-2 ARTURO GONZ?d. EZ 805 OMAHA, 78408 LOT I, BLK 2 VANCUR.A ADDN A-2 123.27 L,F.C.G. & PVMT. 245,08 S.F S/W 686.00 S.F. D/W 1-62' 19.50 1.00 4.32 300.16 L.F.C,G. & PVMT. 1048.64 S.F S/W 207.45 S.F. D/W 1-18' 228.45 S.F. D/W 1-20' 19.50 1.00 4.32 4.32 189.62 L.F.C.G. & pVMT. 658.48 S.F. S/W 289.95 S.F. D/W 1-25 19.50 1.00 4.32 VANCURA DRIVE INTERSECTION 69.28 L.F.C.G & pVMT. 277.12 S.F. S/W 19.50 1.00 AMOUNT TOTAL AMOUNT 2403.77 245.08 2963.52 5612.37 5853.12 1048.64 896.18 986.90 8784.84 3697.59 658.48 1252.58 5608.65 1350.96 277.12 1628.08 H:\HOM E\CRISTIG' GEN~TABLES 161 ITEM OWNER AND No. ' N 5 C.L. HAGGERTON ET UX 803 OlvlAHA. 78408 LOT 21. SHIPP TRACT A-2 6 SALVADOR GONZALEZ ET UX 805 OMAHA. 78408 LOT 20 SHIPP TRACT A-2 LILLIAN PAVLAS 809 OMAHA. 78408 50' X 140' OUT OF 3 ACRES UNRECORDED SHIPP TRACT A-2 8 CONRADO G. PENA ET UX 813 OMAHA. 78408 LOT 5 SHIPP TRACT A-2 9 ERICA L. GARCIA 817 OMAHA. 78408 LOT 6. SHIPP TRACT A-2 10 ELIDA GARCIA 821 OMAHA. 78408 LOT 17. SHIPP TRACT A-2 DESCRIPTION QUANTITY OF 50,00 L.F.C.G, & PVMT. 160.00 S.F. S/W 123.45 S.F. D/W 1-10' 50.00 L.F.C.G. & PVMT. 104.00 S.F. S/W 120.45 S.F. D/W 1-10 162.54 S.F. D/W 1-14 49.93 L.F.C.G. & PVMT. 135.72 S.F. S/W 186.45 S.F. D/W 1-16' 50.00 L.F,C.G. & PVMT, 228.45 S.F, D/W 1-20' 120.00 S.F. S/W 72.18 L.F.C.G & PVMT. 196.72 S.F. S/W 123.45 S.F. D/W l-lO' 154.93 S.F. D/W 1-13' 53.93 L.F.C.G. & PVMT. I23.45 S.F. D/W 1-10' 175.72 S.F. S/W ~ RATE 19.50 ! .00 4.32 19.50 1.00 4.32 4.32 19.50 1.00 4.32 19.50 4.32 1.00 19.50 1.00 4.32 4.32 19.50 4.32 1.00 AMOUNT 975.00 160.00 533.30 975.00 104.00 520.34 702.17 973.64 135.72 805.46 975.00 986.90 120.00 1407.51 196.72 533.30 669.30 1051.64 533.30 175.72 TO AMOUNT 1668.30 2301.51 1914.82 2081.90 2806.83 176o---~ H:~.HOME\C RISTIG\GENXTABLES ~62 IT£M OWNER AND ~ P T 11 JOSE ALANIZ 825 OMAHA. 78408 LOT 16. SHIPP TRACT A-2 12 GERALD & MARY SHELLER 429 MC CLEOD. 78408 DOC# 1996043916 UNRECORDED SHIPP TRACT A-2 13 MARGARITO MONTELONGO 841 OMAHA. 78408 LOT 5. SHIPP TRACT A-2 14 DOUGLAS EDWARDS 1501 - 12TH ST.. WEB TR N. 50' OF 100 X 200 185 AKA SHIPP TRACT. LESS POR TO ROW A-2 15 RICHARD SUAREZ 847 OMAHA. 78408 LOT 13. SHIPP TRACT A-2 ROY A. BEAVER P.O. BOX 3307. 78463 LOT ! I. SHIPP TRACT A-2 DESCRIPTION QUANTITY OF 54.02 L.F.C.G. & PVMT. 176.08 S.F. S/W 123.45 S.F. D/W 1-10' 54.02 L.F.C.G. & PVMT. 176.08 S.F. S/W 123.45 S.F. D/W 1-I0' 50.02 L.F.C.G. & PVMT 160.08 S.F. S/W 123.45 S.F. D/W 1-10' 50.04 L.F.C.G. & PVMT. 160.16 S.F. S/W 123.45 S.F. D/W 1-10' 100.05 L.F.C.G. & PVMT. 360.20 S.F. S/W 123.45 S.F. D/W 1-10' 200.58 L.F.C.G. & PVMT. 564.32 S.F. S/W 336.15 S.F D/W 1-17.5-111' 360.40 S.F. D;*V 1-15 - 1-16 ~TE 19.50 1.00 4.32 19.50 1.00 4.32 19.50 1.00 4.32 19.50 1.00 4.32 19.50 1.00 4.32 19.50 1.00 4.32 4.32 AMOUNT 1053.39 176.08 533.30 1053.39 176.08 533.30 975.39 160.08 533.30 975.78 160.16 533.30 1950.98 360.20 533.30 3911.31 564.32 1452.17 1556.93 TOTAL AMOUNT 1762.77 1762.77 1668.77 1669.24 2844.48 7484.73 H:\HOM E\CRISTIG\GEN~TABLES ~63 ITEM OWNER AND .No. P Y D TI 17 MAIN FAMILY PROPERTIES 1601 ALAMEDA. 78404 LOT 9. SHIPP TRACT AND WEBB TRN UNRECORDE A-2 18 GUADALUPE GAR.ZA 1830 JORDAN. 78412 LOT 8 & ADJACENT TRACT SHIPP TRACT A-2 JERRY 5La. THIS 12925 E. REDBIRD. 78414 LOT 7 SHIPP TRACT DESCRIPTION QUANTITY OF ASSESSED ASSESS~IENT 200.00 L.F C.G. & PVMT. 676.00 S.F 246.90 S.F. D/W 2-10' 133.95 S.F. D/W I-11' 100.06 L.F.C.G. & PVMT. 320.24 S.F. S/W 123.45 S.F. D/W 1-10' 173.45 S.F. D/W 1-10' 154.10 L.F.C.G. & PVIvlT. 476.40 S.F. S~V 577.50 S.F. D/W I-H 37 S. FRONTAGE ROAD NTERSECTION END OMAHA DRIVE NORTHSIDE I~,ATE 19.50 1.00 4.32 4.32 19.50 1.00 4.32 4.32 19.50 1.00 4.32 AblOUNT 3900.00 676.00 1066.61 578.66 1951.17 320.24 533.30 749.30 3004.95 476.40 2494.80 3. .aL AMOUNT 6221.27 3554.01 5976.15 H:\HOM E' C RISTIG~GEN~TABLES 164 20 21 CODY JAMES KELLEY RT. 1. BOX 404 GEORGE WEST. TX 78022 403 OF AN AC OUT OF LOT B ELLANDALE GARDENS NO, 2 PEGGY ANN GRAY. WANDA GONZALEZ 718 OMAHA. 78408 .56 ACRE OUT OF LOT A ELLENDALE GARDENS NO. 2 A-2 OMAHA DRIVE FROM LEOPARD TO I-H 37 S. FRONTAGE ROAD SOUTHSIDE 189.78 L.F. OFC.G. & PVMT. 619.12 S.F. S/W 402.50 $.F. D/W 1-35' 101.68 L.F.C.G. & PVMT. 350.72 S.F. S/W 165.45 S.F. D/W 1-14' 19.50 1.00 4.32 19.50 1.00 4.32 3700.71 619.12 ~738.80 1982.76 350.72 714.74 6058.63 3048.22 if EM 22 23 OWNER AND MRS. MARILYN B. HOFFMAN WORTHINGTON HOTEL 200 MAIN ST.. SUITE 1201 FORT WORTH. TX 76102 LOT 4 ELLANDALE GARDENS NO. 2 A-2 COUNTY TRUSTEE 901 LEOPARD. 78401 LOTS 3-C. 3-D COURTHOUSE ELLENDALE GARDENS NO. 2 A-2 DESCRIPTION QUANTITY OF 100.00 L.F.C.G. & PVMT. 400.00 S.F. S/W 100.00 LF.C.G.&PVMT. 304.00 S.F. S/W 165.45 S.F.D/WI-t4' 123.45 S.F.D/WI-10' RATE 19.50 1.00 19.50 1.00 4.32 4.32 AMOUNT 1950.00 400.00 1950.00 304.00 714;74 533.30 TOTAL AMOUNT 2350.00 3502.04 H:\HOME~CRISTIG\GEN~TABLE5 165 24 JAY PHILIP WERNER 3418 DENVER. 78411 LOT 2 & S 20'. LOT I ELLENDALE GARDENS NO. 2 A-2 25 .'vLADELYN L. VOGLER P.O. BOX 4001. 78469 N. 80' OUT OF LOT I ELLENDALE GARDENS NO. 2 A-2 26 ~'OHNNIE & JIMMIE IRWIN 3702 BRUSHWOOD. 78415 LOT 16 ELLENDALE GARDENS ITEM OWNER AND 27 ROEL PENA ET UX 810 OMAHA. 78408 LOT 15 ELLENDALE GARDENS A-2 28 PEDRO G. PENA. ET UX 818 OMAHA. 78408 LOT 14 ELLENDALE GARDENS A-2 H:'xHOM E\CP-JSTIG\GEN~TABLES 120.00 L.F.C.G. 8: PVMT. 400.00 S.F. S/W 123.45 S.F. D/W 1-10' 123.45 S.F. D/W 80.00 L.F.C.G. & PVMT. 280.00 S.F. S/W 123.45 S.F. D/W 1-10' 114.70 L.F.C.G. & PVMT. 378.80 S.F. S/W 123.45 S.F. D/W 1ol0' 123.45 S.F. D/W 1-10' DESCRIPTION QUANTITY OF 100.07 L.F.C.G. & PVMT. 320.28 S.F. S/W 28.45 S.F. D/W 1-20' 99.52 L.F.C.G. & PVMT, 350.00 S,F. S/W 144.45 S.F. D/W 1-14' 166 19.50 1.00 4.32 4.32 19.50 1.00 4.32 19.50 1.00 4.32 4.32 19.50 1.00 4.32 19.50 1.00 4.32 2340.00 400.00 533.30 533.30 1560.00 280.00 533.30 2236.65 378.80 533.30 533.30 AMOUNT 195.37 320.28 122.90 1940.64 350.00 624.02 3806.60 2373.30 368 TOTAL AMOUNT 638.55 :9 '~ DELiNA PENA 826 OMAHA. 78408 EOT 13 ELLENDALE GARDENS 30 BRYAN & LFNDA MC COUL 834 OMAHA. 78408 LOT 12 ELLENDALE GARDENS A-2 31 ROY A. BEAVER P.O. BOX 3307. 78463 LOTS 10 & I 1 ELLENDALE GARDENS A-2 100.02 L.F.C.G. & PVMT. 360.08 S.F. S/W 14445 S.F. D/W 1-14' 100.27 L.F.C.G. & PVMT. 337.08 S.F. S/W 186.45 S.F. D/W 1-16' 200.21 L.F.C.G. & PVMT. 760.84 S.F SB,V 123.45 S.F. D/W 1-I0' 19.50 1950.39 1.00 360.08 4.32 624.02 19.50 1955.27 1.00 337.08 4.32 805.46 19.50 3904.10 1.00 760.84 4.32 533.30 2934.49 3097.81 5198.24 ITEM OWNER AND 32 RUDY GARZA 329 BAKER. 78408 LOT 8 ELLENDALE GARDEN A-2 33 YUNKER INDUSTRIES CORP. P.O. BOX 18401. 78480-840t LOTS 6 & 7 ELLENDALE GARDENS A-2 DESCRIPTION QUANTITY OF 199.95 L.F.C.G, & PVMT. 607.80 S.F. S/W 228.45 S.F. D/W 1-20' 312.45 S.F. D/W 1-28' 133.95 S.F. D/W 1-11' 200.00 L.F.C.G. & PVMT. 576.00 S.F. S/W 123.45 S.F. D/W 1-10' 385.95 S.F. D/W 135' 133.95 S.F. D/W Ioli' RATE AMOUNT 19.50 3899.03 1.00 607.80 4.32 986.90 4.32 1349.78 4.32 578.66 19.50 3900.00 1.00 576.00 4.32 533.30 4.32 1667.30 4.32 578.66 TOTAL AMOUNT 7422.17 7255.26 H:\HOM E\C RISTIG\GEN~TAB LES 167 34 BAY OAK PROPERTIES. INC. 6707 FA%~CLIFF HOUSTON. TX 77069-3233 LOTS 4A & 4B ELLENDALE GARDENS 190.52 L.F.C.G. & PVMT. 670.08 S.F $ W 144.45 S,F. D W 1-12 133.95 S.F. D W-I-11 I-H 37 S. FRONTAGE ROAD INTERSECTION END OMAHA DRP,'E SOUTHSIDE END PROJECT 19.50 1.00 4.32 4.32 3715.14 67O.O8 624.02 578.66 5587.90 126982.07 H:\HOME\CP, JSTIG~GEN~TAI3 LES 168 18 CITY COUNCIL AGENDA MEMORANDUM Date: November 8, 2000 AGENDA ITEM: Ordinance granting a one-year franchise extension to Central Power and Light Company for provision of light, heat, and power. ISSUE: Central Power and Light Company's existing franchise, which was granted in 1971 and amended in 1988, expires December 31, 2000. It authorizes use of the public ways for electric distribution facilities in return for a franchise fee of 4% of gross receipts. Effective January 1, 2002, Senate Bill 7, the electric deregulation bill passed by the Texas Legislature in 1999, changes the methodology by which cities charge for use of their public ways by electric utilities. The formula establishes a charge per kilowatt hour based on 1998 revenues. The charge will be applied to Kwh used in any particular year and was designed to make deregulation revenue neutral for cities. Because of the Senate Bill 7 change, staff is recommending a one-year extension of CPL's present franchise to fill the interim between the expiration of the present franchise and the effective date of the Senate Bill 7 provision. Over the next year, a new, long-term franchise will be negotiated. RECOMMENDATION: Approval of ordinance as submitted. 0JRB0500.089 169 AN ORDINANCE GRANTING A ONE-YEAR FRANCHISE EXTENSION TO CENTRAL POWER AND LIGHT COMPANY FOR PROVISION OF LIGHT, HEAT, AND POWER. WHEREAS, Central Power and Light Company, a corporation duly authorized to conduct business in the State of Texas, currently holds a franchise from the City of Corpus Christi, Texas for provision of electric light, heat and power granted by Ordinance 10173, passed and approved by the City Council on March 24, 1971; and WHEREAS, the franchise agreement was modified by Ordinance 20431 passed and approved by the City Council on August 23, 1988, to provide for monthly rather than semi-annual fee payments; and WHEREAS, such franchise will expire December 31,2000; and WHEREAS, In Senate Bill 7 the 76th Texas Legislature established a statutory formula for charges for use by electric utilities of city streets, alleys and public ways effective January I, 2002; and WHEREAS, Central Power and Light Company and the City of CorpCs Christi, Texas desire to extend its existing franchise under the same terms and conditions for an additional one (1) year period which will extend to the effective date of Senate Bill 7; and WHEREAS, the City Council of the City of Corpus Christi finds that such extension under the same terms and conditions is in the best interest of the citizens of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Electric Light. Heat and Power Franchise granted by the City of Corpus Christi, Texas to Central Power and Light Company by Ordinance 10173 as amended by Ordinance 20431 (the "Franchise"), is hereby extended for a period of one (1) year to commence January 1, 2001 and to expire December 31,2001 at midnight, unless renewed or extended. SECTION 2. The terms and conditions of the currently existing Franchise are incorporated into this one-year extension by reference and shall continue in full force and effect. SECTION 3. This grant is conditioned that Central Power and Light Company shall file its written acceptance of this franchise no later than December 31. 2000. SECTION 4. This ordinance should be published as required by the City Charter. H:\LEG-DIR~J IMM Y~WPDOCS\COUNCIL',0JRB0500 057 170 Samuel L. Neal. Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales That the tbregoing 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 __ of ,2000, by the following vote: Samuel L. NeaL Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales PASSED AND APPROVED this the ATTEST: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott Day Day of ,2000. Armando Chapa, City Secretary Samuel L. NeaL Jr., Mayor LEGAL FORM APPROVED ~0 ~,- [ ~ ,2000; JAMES R. BRAY, JR., CITY ATTORNEY By: H:\LEG-DIR'dlMMY'~WPDOC$' COUNCIL ,0l RB0500.087 171 19 AGENDA MEMORANDUM DATE: November 15, 2000 SUBJECT: Bayfront Plaza Convention Center and Memorial Coliseum Concessions AGENDA ITEM: An Ordinance authorizing the City Manager to execute a one-year agreement with Noble Food Service, Inc. (January 1, 2001 - January 1, 2002) to provide concession services at the Bayfront Plaza Convention Center and Memorial Coliseum. BACKGROUND: The current lease agreement with Noble Foods, Inc. expires JanuaW i, 2001. Requests For Proposals (RFP's) were mailed to 33 prospective concessionaires. In addition, advertisements were placed in the Caller-Times. The City's Purchasing Division received three (3) proposals (plus one non-responsive proposal). The firms submitting proposals were: NOBLE FOOD SERVICE, INC.: Noble Food Service, Inc. is a local business and is the current concessionaire at the Bayfront Plaza Convention Center and Memorial Coliseum. In 1981, Noble Foods took over the bankrupt concession operation at Memorial Coliseum, and it has continued its relationship with the City, either at the Convention Center, the Coliseum, or both ever since. The president of Noble Food Services, Inc. is Newt Noble, who has been in the concession business since 1968. PRINCE CATERING: Prince Catering is a local business owned by Melvin Davis. Mr. Davis grew up in Corpus Christi and has been providing catering services for over 31 years in the City and the coastal bend region. Prince Catering is presently located at 5055 Ambassador, Corpus Christi, Texas. HONEY BEE HAMS: Honey Bee Hams of Corpus Christi was opened in September of1992. Betty Lou Haynes managed the business from October of 1992 until June of 1996 when she secured a SBA loan and purchased the business. Currently, Ms. Haynes is the sole proprietor of Honey Bee Hams, and is responsible for every facet of business operations. A committee consisting of Esther Barerra, John Meyer, John Simon and Harold Peterson met on November 14, 2000, for the purpose of evaluating the proposals. The committee evaluated all of the proposal data and rated each according to the following categories, as specified in detail on pages 2, 3 and 4 of the RFP. PERCENTAGE TO CITY: HISTORY OF FIRM: 30 POINTS 20 POINTS 173 SERVICE TO OUR CUSTOMERS: PRICES: MERCHANDISING: GENERAL: TOTAL 20 POINTS 10 POINTS 10 POINTS 10 POINTS 100 POINTS All proposals were evaluated in these categories using a grading matrix. The summarization of all the individual matrices is as follows: PERCENTAGE TO THE CITY (30 POINTS): The Proposers were to outline the percentage of gross sales they were willing to pay to the City on several categories of concession items (alcoholic beverages, soft drinks, food, etc.). Noble Food Service proposed the highest overall percentage of gross sales to be paid to the City. Of the five categories of concession items bid, Noble bid higher than Prince in four of five categories and higher than Honey Bee in all five categories. HISTORY OF FIRM (20 POINTS): In this category, the Proposers were to provide a written history of their firm, including information about the person who will be the day-to-day manager of this operation. The Proposers were also to provide a current financial statement, a list of similar facilities served, and a list of references. Noble was given high marks in this category, based upon the City's previous experience with this finn and its financial stability. Prince and Honey Bee did not fin-nish the required financial statement or a list of similar facilities served. Honey Bee did not identify the person who would be the day-to-day manager. SERVICE TO OUR CUSTOMERS (20 POINTS): In this category, the Proposers were to tell us how they would service the different types of events, which are held at the Bayfront Plaza Convention Center and Memorial Coliseum. They were to outline their performance standards, provide us with a list of the portable operating equipment they planned to have on hand, and indicate any improvements they intended to make to our facilities. Noble was given high marks in this category based upon the City's previous experience with this firm and the extensive list of operating equipment they furnished with their bid. Prince and Honey Bee did not provide a list of operating equipment. PRICES (10 POINTS): b~ this category, the RFP tells the prospective concessionaires that the City desires concession prices be kept as low as possible, consistent with quality service. We asked the Proposers to indicate the price they proposed to charge on a number of popular specified concessions and catered items. All three Proposers submitted similar and satisfactory proposed prices. MERCHANDISING (10 POINTS): In this category, we asked the Proposers to comment on the kinds of merchandising efforts they would be willing to make to maximize per capita sales and/or to attract additional customers to the Bayfront Plaza Convention Center and Memorial Coliseum. All three companies were judged to be approximately equal in this category. GENERAL (10 POINTS): In this category, the Proposers were asked to comment on cash control systems and the control of alcoholic beverages. Proposers were also given the opportunity to provide any other information they felt would enhance their proposal to the City. Noble and Prince satisfactorily furnished the requested information. Honey Bee did not address the subject of cash control. CONCLUSION: In conclusion, the evaluation committee feels that Noble Food Services clearly submitted the best overall proposal and recommends they be awarded the contract. Prince Catering and Honey Bee Hams also offered responsive proposals, but the percentages to the City were lower and important information was not furnished, as requested. A high-quality food service operation is essential to the overall success of our facilities. As they have in the past, we feel that Noble Food Service, Inc. will continue to provide high quality service to our customers for the term of this agreement. The evaluation committee was pleased to see that the percentage bid by Noble Food Services was on average approximately 3 points higher than their current contract. Harold R. Peterson Director of Convention Facilities 175 LEASE AGREEMENT SUMMARY November 14, 2000 PARTIES INVOLVED: The City of Corpus Christi and Noble Food Service, Inc. SERVICES TO BE PROVIDED: The City grants to Noble Food Service, Inc. the exclusive rights to the concession (cash) sale of food and beverages at the Bayfi'ont Plaza Convention Center and Memorial Coliseum. Catering by outside caterers will be allowed. TERM: One year (January 1, 2001 to January 1, 2002). PAYMENT: Noble Food Service will pay to the City the following percentages of gross sales: BAYFRONT PLAZA CONVENTION CENTER All mixed drink and wine sales All beer sales All nonalcoholic beverages & food sales 31% 41% 41% MEMORIAL COLISEUM All beer sales All nonalcoholic beverages & food sales 49% 42% Noble Food Service, Inc. will pay the City 80% of the monies collected in the form ora house privilege fee on subcontracts for the sale of novelties, progrm-ns, T-shirts, caps, pictures, souvenirs, etc. When Noble Food Service, Inc. acts as a retailer, selling items such as T-shirts, souvenirs, postcards, novelties, etc., a flat fee of 5% of sales will be paid to the City. Noble Food Service, Inc. will pay the City 10% of sales on all catering. PRICE AND QUALITY OF MERCHANDISE: As a general policy, prices of concession items will not be higher than those charged for the same quality merchandise at comparable facilities elsewhere. All prices must be approved in advance by the Director of Convention Facilities, or his desi~ee. IMPROVEMENTS: Noble Food Service, Inc. will refurbish the permanent concession stands in the Bayfront Plaza Convention Center and Memorial Coliseum to make them more esthetically appealing to the patrons. Planned improvements include new wall coverings, additional lighting and menu boards. 176 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH NOBLE FOOD SERVICE, INC. TO PROVIDE CONCESSIONS SERVICES AT THE BAYFRONT PLAZA CONVENTION CENTER AND MEMORIAL COLISEUM FOR THE PERIOD BEGINNING AT 3:01 A. M. ON JANUARY 1, 2001, TO JANUARY 1, 2002; ( AT THE BAYFRONT PLAZA CONVENTION CENTER, NOBLE FOOD SERVICES SHALL PAY THE CITY 31 PERCENT OF GROSS RECEIPTS ON ALL MIXED DRINKS AND WINE SALES AND 41 PERCENT OF GROSS RECEIPTS ON ALL BEER AND ALL NONALCOHOLIC BEVERAGES AND FOOD SALES; AT MEMORIAL COLISEUM, NOBLE FOOD SERVICE SHALL PAY THE CITY 49 PERCENT OF GROSS RECEIPTS ON ALL BEER SALES AND 42 PERCENT OF GROSS RECEIPTS ON ALL NONALCOHOLIC BEVERAGES AND FOOD SALES; NOBLE FOOD SERVICE SHALL ALSO PAY THE CITY 80 PERCENT OF GROSS RECEIPTS COLLECTED FROM SUBCONTRACTORS FOR THE SALE OF NOVELTIES IN THE FACILITIES [T-SHIRTS, CAPS, PICTURES SOUVENIRS, ETC.] AND 5 PERCENT OF GROSS RECEIPTS WHEN NOBLE FOOD SERVICE S ACTS AS A RETAILER SELLING NOVELTY ITEMS); PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a lease agreement with Noble Food Service, Inc. to provide concession services at the Bayfront Plaza Convention Center and Memorial Coliseum for the period beginning at 3:01 A.M. on January 1, 2001 to January 1, 2002; ( at the Bayfi.ont Plaza Convention Center, Noble Food Service shall pay the City 31 percent of gross receipts on all mixed drinks and wine sales and 41 percent of gross receipts on all beer and nonalcoholic beverages and food sales; at Memorial Coliseum, Noble Food Service shall pay the City 49 percent of gross receipts on all beer sales and 42 percent on all nonalcoholic beverages and food sales; Noble Food Service shall also pay the City 80 percent of gross receipts collected fi.om subcontractors for the sale of novelties in the facilities [T-shirts, caps, pictures, souvenirs, etc.] 177 and 5 percent of gross receipts when Noble Food Service acts as a retailer selling novelty items. SECTION 2. 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 3. Because of the time constraints involved to execute a new contract before the January 1,2001 deadline [the time at which the existing contract is due to expire], it is necessary for the Mayor and City Council to declare the passage of this ordinance a public emergency. SECTION 4. 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 necessazy 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 fa'st reading as an emergency measure this the __. day of , 2000. ATTEST: TIlE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED James R. Bray, Jr. City Attorney By: , 2000 urke, Jr. ~ s~Tstant City Attorney 178 ,,-~ AGENDA MEMORANDUM TO: CITY COUNCIL FROM: JAMES BRAY, CITY ATI'ORNEY DATE: 11/16/00 ISSUE: A. Ordinance amending the "First Amended Lease between T-Head Marina, L.C., on the Lawrence Street T-Head and the City of Corpus Christi- Restaurant/Patio Bar' (Ordinance No. 022999) B. Ordinance amending the "First Amended Lease between Marina Fuel and Charter Boat Company, L.C., on the Lawrence Street T- Head and the City of Corpus Chdsti Fuel Station" (Ordinance No. 022998). Note. Information on this issue will be provided by the scheduled November 21, 2000 City Council Meeting. 179 21 CITY OF CORPUS CHRISTI Legislative Program 77TM Legislative Session November 14, 2000 181 RESOLUTION ADOPTING THE CITY OF CORPUS CHRISTI'S LEGISLATIVE PROGRAM FOR THE SEVENTY-SEVENTH SESSION OF THE TEXAS LEGISLATURE. WHEREAS, the 77th Texas Legislature convenes in January 2001; and WHEREAS, the Legislature will consider many measures that may affect the City of Corpus Christi; and WHEREAS, it is necessary to provide guidance for City officers and representatives in conducting the City's legislative efforts and relations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council adopts the Legislative Program, which is attached to and incorporated into this resolution, for the 77th Session of the Texas Legislature. SECTION 2. This Legislative Program remains in effect during the 77th Session of the Texas Legislature unless amended by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: /0~'~ day of Samuel L. Neal, Jr. Mayor 2000. James R, Bray Jr. City Attorney By: R. J ay/l~e~ing / First Assistant City Attorney 2001 resolution.doc 182 Corpus Christi, Texas of ,2000 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott 2 2001 resolution.doc 183 INTRODUCTION Prior to the commencement of each legislative session, the City of Corpus Christi staff, working with input from local interests, Texas Municipal League, other cities, prepares a recommended legislative program for City Council consideration and approval. The legislative program, after consideration and approval by the City Council, is then transmitted to our local legislative delegation and forms the basis for the City's activities dudng the 140 days of the session. In each legislative session, the number of bills that are introduced is massive. For example, in 1999, almost 6,000 bills were introduced, over 1,600 actually passed, with approximately 1,230 of the bills City-related, of which slightly more than 130 passed. Unfortunately a large percentage of the efforts by cities are necessarily directed simply at stopping bad pieces of legislation which would negatively affect cities. Over the past few legislative sessions, the City of Corpus Christi, with the tremendous support and action of our local legislative delegation, has had very good success in not only stopping bad bills which would negatively impact us, but also in the passage of legislation which very positively affects us. For example, in the last legislative session, a sedous assault on cities' annexation powers was successfully defeated, while at the same time, the City, through our local legislative delegation, was able to fund expansion and renovation of the Convention Center, provide liability protection for our Latchkey Program, acquired the official designation of the Museum of Science and History as the Texas Maritime Repository, and funding of the local Estuary Program, among a number of other issues. The upcoming 77th legislative session will undoubtedly consider many issues that are detrimental to cities and will be extremely crowded because the Legislature must also deal with redistricting. As in the past, the City anticipates working very closely with our local legislative delegation. In addition, we will work with the Texas Municipal League as well as the very active legislative lobbying group of the eight largest cities (this latter group meets once a week during the legislative session with TML staff to coordinate action.) The following legislative program is broken down into sections each representing a major part of municipal government beginning with a general statement of policies and procedures. The communication of this legislative program is carried out on a day to day basis by the Assistant City Manager for Intergovernmental Relations and Community Development under the general direction of the City Manager after approval of the program by the City Council. The Mayor and City Council Members are called upon to testify in Austin on a case by case basis, as well as City staff from the Police and Fire Chiefs and City Attorney to departments heads. C:~4~Y DOCUMENTS\77TH LEGISLATIVE I~OLICY 184 I. GENERAL POLICY AND PROCEDURES a. The City will support legislation and administrative actions that: 1. Will protect and enhance City revenues. 2. Reduce costs to the City. 3. Provide for more local control. 4. Protect those policies previously established through the Charter, ordinances, resolutions, and master plans. 5. Provide increased educational opportunities for the citizens of Corpus Chdsti and the region. The City will oppose legislation or administrative actions that: 1. Undermine the principle of home rule and local self-government. 2. Result in the loss of revenue growth to cities. 3. Diminish the authority of cities to regulate and manage their growth and development. 4. Nullify or undermine the City's policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City's ability to manage its own affairs. 5. Diminish any existing authority of cities. 6. Impose mandates that require any expenditure by the City unless all costs of same, including administrative as well as direct out-of-pocket costs, are fully reimbursed by the mandating government. The City Council will determine the City position on all legislative issues. The City's Boards, Commissions, and Adviso~ Groups may not represent in oral C:XMY DOCUMENTS\77TII LEGISLATIVE POLICY 185 testimony or in writing a position on proposed legislation or administrative action unless that position is first approved by the City Council. Positions on legislative or administrative matters originating outside of the City Council, but within the City's governmental framework shall be submitted to the City Manager for review prior to consideration by the City Council. The legislative or administrative positions herein approved, and others separately approved by the City Council, shall be communicated to the legislative and congressional delegations, to the Legislature and Congress, in general, and/or to the appropriate legislative committees and administrative agencies or to others by members of the City Council, the City Manager, staff persons, and consultants and others designated by the City Manager. The City will coordinate its legislative and administrative program with other political jurisdictions and provide assistance to those political jurisdictions where possible and where there is a commonality of interest. The city will support the legislative program of the Texas Municipal League, except to the extent it conflicts with any policy herein. It is recognized that this policy will often be implemented in the context of great numbers of voluminous proposals being considered within short time periods. City representatives, under the direction of the City Manager, shall be authorized to act on behalf of the City consistently with the necessarily broad policy concerns set forth in this policy. In this policy, items are classified under three levels of importance, Priority, Actively Support, and Endorse, as follows: Priority means that the City will actively pursue and support (or oppose, as specified) the policy including, if necessary, seeking introduction and passage of legislation. Actively Support means the City will aggressively attempt to obtain passage of a measure if it is introduced by some other entity (or actively oppose, as specified). Endorse means that the City will make its (support or opposition) known, but will not actively pursue the issue. 186 II. FINANCIAL INTEGRITY Co f. PRIORITY Franchise Fees. The City unalterably opposes any measure which would reduce the City's existing franchise fees, the growth of those franchise fees, or its ability to charge franchise fees, and any measure which would prevent the City from requiring utilities to bear 100% of costs associated with relocations of utilities required by the City or which would impair City regulation of use of rights-of-way. Franchise fees are essential to continuation of basic services. A vote to reduce franchise fees would be a vote to increase local ad valorem taxes or reduce basic local services such as police, fire, roads, and parks, and would constitute a gift of public property for private purposes. State Hotel Tax for Beach Maintenance. The City supports legislation which would provide State hotel tax funding of 1% for beach maintenance. Street Accessibility Improvements. The City supports legislation which would authorize a street use fee or other funding source to construct facilities to enhance disabled access. ACTIVELY SUPPORT 911 Fees. The City opposes legislation which would hinder its withdrawal from participation in the 9-1-1 regional plan, or which would inequitably affect the Corpus Christi area on 9-1-1 funding. Liability Law. The City supports legislation to reduce potential liability of municipalities and municipal employees for torts and other actions and opposes legislation which would increase such liability. Sales Tax Information. The City supports legislation to allow cities to obtain sales tax information on any entity that annually remits sales tax payments of more than $100,000. g. Prompt Payment Statute. The City opposes legislation increasing the requirements of the prompt payment statute. Indemnity Provisions. The City opposes legislation invalidating or prohibiting indemnity provisions in public works contracts. C:\MY DOCUMENTS\77TH LEGISLATIVE POLICY 187 k= O= Mandated Fees. The City opposes legislation which would require a city to raise any municipal fee and remit the revenue to the state, unless use of the monies would be clearly dedicated for programs beneficial to the City. ENDORSE Crime Victims Fund. The City supports legislation to allow local entities to share in the revenue collected under the Crime Victims' Compensation Fund for eligible projects. Appraisal Appeals. The City supports legislation to allow cities to challenge the appraisal of a specific property. Municipal Court Costs. The City supports legislation which would consolidate all State court costs collectible by municipal courts into one fee payable to the State, and require that, in case of partial payments, a city and the state will split the payments until both receive the proper amount of revenue. The City opposes additional State fees or court costs on municipal courts. Sale of Tax Liens. The City supports legislation to authorize cities to sell tax liens. School Traffic Court Cost. The City supports legislation to reinstate the local option court costs for a traffic offense that occurs in school zone or for unlawfully passing a school bus. Truth in Taxation. The City supports legislation which would exclude new growth for the purpose of determining notice and hearing requirements triggered by additional ad valorem tax revenue. 188 III. ESSENTIAL INFRASTRUCTURE PRIORITY Water. The City supports legislation to protect the City's water supply and water rights, and to enable the City to expand its water supply and rights, and strongly opposes legislation which would diminish or challenge such water supply or water rights or the City's ability to expand such. The City supports amendments to the Texas Water Code which would remove unreasonable restrictions on interbasin water transfers, and which would encourage use of market fomes to distribute water and water rights subject to reasonable environmental regulations. ACTIVELY SUPPORT b. Transportation. Resources. The City strongly supports legislation assuring the equitable allocation of transportation resources from the State. Funding for Construction and Maintenance. The City supports legislation that would increase the level and availability of state transportation funding for construction and maintenance. Streamlining: The City supports legislation that would streamline the Texas Department of Transportation to make it more effective and efficient. C:\MY DOCU MENTS\77TH LEGISLATIVE POLICY 189 IV. COMMUNITY PROTECTION AND DEVELOPMENT PRIORITy. Development. The City strongly opposes legislation which would erode municipal authority to regulate development for the public safety, health and welfare, including, but not limited to, locations of manufactured, housing, annexation, condemnation, platting, zoning, extraterritorial jurisdictions and building and housing codes. Windstorm Insurance. The City supports windstorm insurance legislation which assures full replacement cost coverage to presently existing building codes, and exclusion from windstorm building regulations for parts of the city outside the coverage area. Marine Archeological Repository Funding. The City supports legislation which at a minimum provides equitable funding to the City's Museum from any state allocation of funds for marine archeological repositories. Regulation of Location of Manufactured Housing. The City opposes legislation that would erode the authority of cities to regulate the location of manufactured housing. ACTIVELY SUPPORT Affordable Housing. The City supports affordable housing initiatives which do not undermine the City's regulatory authority to protect the public health, safety, and welfare. Building Codes. The City supports legislation maintaining and expanding municipal authority to select building codes and make local amendments as determined by local city councils, and opposes legislation eroding such authority such as by mandating adoption of particular codes. Platting. The City supports legislation that would: 1) repeal the "five acre exemption" in the platting statute; 2) direct the county clerk to require that deed filing include an affidavit verifying compliance with subdivision requirements. Historic Courthouse Preservation. The City supports full State funding for preservation of historic courthouses for which preservation is feasible. 190 Nuisance. The City supports legislation to strengthen m0nicipal enforcement authority with respect to nuisances. Annexation Authority. The City opposes legislation that would erode current annexation authority. Condemnation Authority. The City opposes legislation that would erode condemnation authority. Dune Protection. The City supports city administered dune protection within city limits and cities' ETJ. ENDORSE Plumbing Inspectors. The City supports legislation to replace current regulations relating to plumbing inspectors, by establishing qualifications for taking the state plumbing inspector exam and maintaining a plumbing inspector license. Electrical Licensing. The City opposes legislation which would impose a statewide electrical licensing law. Alcoholic Beverage Regulation. The City supports legislation to protect and strengthen city authority to regulate alcoholic beverage sales and consumptions. Group Homes. The City supports legislation to protect and strengthen city authority to regulate group homes. 191 V. CHILDREN AND YOUTH PRIORITY a. Juvenile Crime° The City supports legislation to reduce crime and delinquency among children and youth, to promote their development and well-being, and continued funding of CYD programs. ENDORSE b. Safe Schools Act. The City opposes weakening of the Safe Schools Act. C:~MY DOCUMENTS~?TTH LEGISLATIVE POLICY 9 192 VI. EDUCATION PRIORITY Higher Education. The City supports legislation to advance and obtain sufficient support for education in this area, especially legislation to enable Texas A&M University-Corpus Christi to operate as a strong and viable four-year university, including special item funding; and legislation to insure adequate funding for the operation and programs of the Del Mar Junior College District, including Full Formula Funding. Regional Public Safety Training Academy. The City supports legislation to enable development of a Regional Public Safety Training Academy in Corpus Christi. ACTIVELY SUPPORT South Texas/Border Initiative. The City supports continued funding of the South Texas/Border Initiative. I0 193 VII. PUBLIC SAFETY AND HEALTH ao PRIORITY Fire Control and Prevention District. The City supports legislation permitting the creation of Fire Control and Prevention Districts similar to Crime Control and Prevention Districts. Child Safety Registration Fee. The City supports legislation to amend current law to: (1) increase the optional county vehicle registration fee for child safety from $1.50 to $3.00; (2) require a county to impose the fee if requested by a city or cities whose total population exceeds 2/3 of the total population of the county; and (3) prohibit a county from rescinding the fee after it has been adopted in that~ manner. ACTIVELY SUPPORT Pawnshops. The City supports legislation which would 1) require licensed pawnshops to provide electronic access to local law enforcement agencies of all pawn transactions, 2) and which would protect and strengthen cities authority to regulate pawnshops. Liability Limit Outside of Jurisdiction. The City supports legislation that would limit liability against City emergency service providers when requested to provide service on an emergency basis in another jurisdiction. Photograpic Traffic Signal Enforcement: The City supports legislation that would allow cities to employ photographic traffic signal enforcement. 9-1-1 Emergency Service Systems. The City opposes legislation that would diminish the authority of cities to operate their own, independent 9-1-1 emergency service systems. Crime Control District. The City supports changes to the statute that would allow the definition of city sales tax rather than county for city created crime control districts. ENDORSE Community Service for Minors. The City supports legislation to eliminate the requirement that mandatory community service imposed on a minor convicted of certain alcohol or tobacco offenses be alcohol or tobacco-related. C:Rvly DOCUMENTS\77TH LEGISLATIVE POLICY 11 194 L mo no Rabies Vaccinations. The City supports legislation to authorize designated local rabies control authorities to vaccinate animals under their control for rabies and to obtain vehicle owner records from law enforcement agencies in the course of their required duties. Impoundment of Uninsured Vehicles. The City supports legislation to authorize the impoundment of motor vehicles that are not covered by insurance. Nuisances. The City supports legislation which would allow a city to pursue nuisance remedies against the owner of a multi-unit residential property who knowingly permits certain violent criminal offenses to occur on the property. Paint Sniffing. The City supports legislation to repeal Section 485.018, Health and Safety Code, which prohibits a city from enacting an ordinance that requires a business establishment to display abusable glue or aerosol paint in a manner that makes the glue or paint accessible to patrons of the business only with the assistance of personnel of the business. Felony Forfeitures. The City opposes legislation which would detrimentally change the existing felony forfeiture statute. Smoking Regulation. The City opposes legislation which would weaken city authority to regulate the sale, distribution, advertising, display, or promotion of tobacco products. Peace Officers. The City opposes legislation to authorize additional entities to employ and commission peace officers. 12 195 VIII. UTILITIES PRIORITY Electric Industry Deregulation. The City supports continued electric industry deregulation legislation but only if it 1) fully preserves municipal authority over rights-of-way or other public property; 2) fully preserves municipal authority to impose a right-of-way fee that: a) is equal to that received prior to competition, and b) increases with growth; 3) ensures that all citizens will benefit through lower rates; 4) assures that electric system reliability and service quality will be maintained at standards equal to or better than the reliability and service standards which exist today; 5) allows cities to serve as aggregrators; 6) provides checks and balances against concentration of market power through takeovers, mergers, acquisitions, or other means; 7) protects the ability of a municipally owned utility (MOU) to operate profitably, continues to exempt MOU's from regulation by the Public Utility Commission, and protects the financial integrity of any city. Right-of-Way Control. The City opposes legislation which would erode the authority of cities to manage and control their rights-of-way and other public property. ACTIVELY SUPPORT Franchise Requirement for PUC Certificate. The City supports legislation which would require an applicant for a Service Provider Certificate from the Public Utility Commission to obtain a city franchise. Underground Facilities Notification. The City opposes legislation that would amend the Underground Facilities Statute to 1) raise the $1.25 cap on the fee paid by a facility operator, 2) levy a fee on an excavator, 3) raise the registration fee unless the fee is determined on a more equitable basis, and 4) require mandatory participation by cities as Class B operators. Sections 401 and 404 Certifications. The City supports legislation that, with regard to Sections 401 and 404 certifications (Clean Water Act), would prevent the Texas Natural Resource Conservation Commission (TNRCC) from'expanding the scope of its activities beyond that required by law. 13 196 ENDORSE Use of Water Courses. The City supports legislation which assures the unlimited right of cities to use water courses in the state to discharge permitted wastewater. C:XdViY DOCIYMENTS\77TH LEGISLATIVE POLICY 14 197 IX. ENVIRONMENT PRIORITY Effluent Use. The City supports legislation that would assist the innovative use of wastewater effluent, including diversion into estuaries in lieu of water release requirements from reservoirs. Air Quality. The City supports continued allocation of financial resources for near non-attainment areas, which is essential for those communities striving to remain within federal guidelines for air quality. National Estuary Program. During the last legislative session, the City of Corpus Christi actively supported State funding of the local National Estuary Program. It is an important pdodty that the program continue to be funded, possibly at an elevated level. Regional Water Planning. Under SB 1, which was passed during the last legislative session, regional water planning groups were established across the State. It is imperative that continued funding of these groups occur. ACTIVELY SUPPORT Parks and Recreation. The City supports additional funding for State grants to cities for park acquisition and development. Beach Cleaning. The City supports full State funding of the beach cleaning program. Oil Spill Response Program. The City supports continued and expanded State support for the Oil Spill Response Program and the location of a major center in the Corpus Christi area. DrainagelStormwater. The City opposes further unfunded mandates with respect to drainage and stormwater, and supports increased State programs to assist in solving such problems. Solid Waste. The City supports legislation which would: 1) create/continue state incentives for demonstration projects of volume-based solid waste rates; 2) allow for a refund of a portion of the solid waste tipping fee for cities that voluntarily institute volume-based solid waste rates; 3) create/continue state incentives for cities to voluntarily adopt yard waste bans; 4) allow creation of solid waste C:\M'Y DOCUMENTS\77TH LEGISLATIVE POLICY 15 198 management districts; 5) require the TNRCC to adopt the EPA's "503" rules relating to land application of sludge and to encourage cities to pursue beneficial use of sludge rather than landfilling; 6) prohibit the TNRCC from enacting a landfill standard more stringent than federal law, and/or require the TNRCC to allow maximum flexibility for landfills under federal law. The City opposes legislation which would: 1) require cities to adopt volume-based solid waste rates or full-cost accounting procedures for solid waste services; 2) eliminate existing incentives for demonstration projects of volume-based solid waste rates; 3) impose a ban on yard waste; 4) eliminate existing incentives for cities to voluntarily adopt yard waste bans; 5) require landfills to further identify the source of solid waste accepted at the landfill; 6) expand the authority of counties or other entities to regulate the siting of landfills that are part of a regional solid waste plan; 7) mandate waste separation beyond current law; 8) mandate recycling beyond current law; 9) mandate composting; 10) increase the solid waste tipping fee or change the allocation formula in such a way that grants to cities from funds generated by the fee are endangered; 11) erode the authority of cities to provide solid waste services in newly annexed areas. Glass and Plastic Bottles. Several states have enacted State-wide container deposit laws for both glass and plastic bottles. Such a deposit system would substantially enhance litter removal from public rights-of-way in the City of Corpus Christi. C:~V~Y DOCUMENT$\77TH LEGISLATIVE POLICY 16 199 X. PERSONNEL PRIORITY City Medical Providers. The City supports legislation to include city employees who provide medical services within the same limits on liability applicable to other city employees. ACTIVELY SUPPORT Emergency Response. The City opposes legislation which would erode current municipal authority to establish standards relating to response of non-resident employees to civil emergencies or which would in any other way, erode current municipal options regarding residency policies. Collective Bargaining Law. The City opposes legislation which would broaden current law regarding adoption of collective bargaining. State Fire and Police Civil Service. The City supports amending the State Fire and Police Civil Service law to: 1 ) permit entrance examinations for police officers to be held at different locations; 2) redefine the probationary period for police officers to be either 12 or 18 months from the date of licensing; 3) permit score-banding in entrance examinations; 4) require dismissal of police or fire personnel convicted of a felony without civil service appeal; 5) permit full list certifications for all candidates who pass the entrance examination; 6) extend the alternative promotional system provision to fire departments; 7) extend experience provisions to fire fighters; 8) authorize civil service commission to appoint independent expert to conduct conclusive medical/mental examinations; 9) define "working day"; 10) define "year of injury leave"; 11) permit cities to pool resources to develop and administer entrance exams; 12) require police officers and fire fighters to notify their departments if arrested or convicted of a crime; 13) extend the time to hear appeal of disciplinary action from 30 to 45 days; 14) include "deferred adjudication" as a conviction; 15) clarify that there is no appeal from decision of panel of physicians; 16) allow filling of a position following a determination that the officer is physically or mentally unable to perform his duties; 17) allow the civil service commission to set additional standards for a beginning position; 18) allow the civil service director to certify three "suitable" candidates from the entrance eligibility list; 19) restrict payment of up to 90 days sick leave to only one time for persons involuntarily separated and who return to the classified service; 20) permit score banding on promotional exams; 21) permit full list certification of all candidates who pass promotional exams; 22) eliminate the option of requesting a third party hearing examiner. C:~vlY DOCUMEN'TS\TTTH LEGISLATIVE POLICY 17 200 ENDORSE Internal Investigations. The City opposes legislation which would create special employment rights for any group of public employees who may be the subject of internal investigations. Mandated Job Protection. The City opposes legislation that would erode the employment-at-will doctrine. Nepotism. The City opposes legislation that would invalidate any city nepotism policies. C:~IY DOCUMEN'I'S\7 7TH LEGISLATIVE POLICY 18 201 Xl. ECONOMIC DEVELOPMENT PRIORITY Military. The City supports continued funding and legislative support of the Texas Strategic Military Planning Commission. Spaceport. The City supports efforts to procure the Spaceport for Texas and supports efforts to set aside $50 million in State aid for the winning location. ACTIVELY SUPPORT Economic Development Authority. The City opposes legislation which would erode municipal economic development authority. Child Care. The City supports increased, sustained State funding for child care. Texas Public Libraries. The City supports legislation that would increase support of Texas public libraries through TexShare and the Library of Texas for improved access to electronic information. E-Commerce Taxation. The City supports a level playing field for all businesses whether they are locally operating or operating through e-commerce. The City opposes any system of taxation which restricts a local government's ability to collect sales tax on commerce over the internet. ENDORSE Executive Sessions. The City supports legislation to permit a governing body to discuss economic development incentives in executive session. Proprietary Information. The City supports legislation to assure that proprietary information provided during the economic development application process be confidential under law. Waiver of Agricultural Rebate. The City supports legislation which would allow a city the option of waiving the payment of three years of recalculated property taxes when agricultural land is converted to a different use. C:~MY DOCUMENTS\??TH LEGISLATIVE POLICY 19 202 Rail Policy. The City supports development of a rail policy to protect our citizens from monopoly railroads. Workforce Development. The City supports local control over employment training programs, continuation of Smart Job training grants and the Skills Development Fund, and State funding for adult literacy programs. C:\MY DOCUMENTS\77TH LEGISLATIVE POLICY 20 203 XII. EFFICIENT ADMINISTRATION PRIORITY Design-Build. The City supports legislation that would allow cities to enter into "design-build" contracts. Procurement. The City supports legislation that would allow cities to increase from $15,000 to $25,000 the procurement amount at which a city would be required to seek competitive bids. ACTIVELY SUPPORT Effective Tax Rate Calculation. The City supports legislation that would allow a city to adjust its effective tax rate calculation to account for mandated (statutorily- imposed) reductions in general fund revenue. Sales Tax Exemption. The City opposes legislation that would enact a sales tax exemption that isn't a local option exemption. Property Tax Exemption. The City opposes legislation that would enact a property tax exemption that would be a substantial erosion of the tax base. Delinquent Sale Tax. The City opposes legislation that would abolish the authority of cities to sue for delinquent sales taxes or to join in an attorney general's suit. Notification of Delinquent Amounts of Sales Taxes. The City opposes legislation that would repeal the requirement that the comptroller notify cities of delinquent amounts of sales taxes. Rate Case and Complaint Dockets. The City supports legislation that would establish the right of cities to recover expenses related to rate case and complaint · dockets within a reasonable time and require utilities to recover rate case expenses out of stockholders' equity when a rate case is found to be unjustified. Water or Wastewater Permittees Fees. The City opposes legislation that would increase fees paid by water or wastewater permittees. Sales Tax Pledge. The City supports allowing the pledge of sales tax for financial obligation outside of economic development. ENDORSE C:\MY DOCUMENTS\77TH LEGISLATIVE POLICY 21 204 Et Open Meetings Act. The City supports legislation cleady exempting from the Open Meetings Act attendance by a quorum at public community events, and clarifying restrictions on meetings in less than a quorum. The City opposes making the Act more restrictive. Open Records Act. The City supports legislation which would change the date by which requested information must be released after receiving a decision from the Attorney General from 10 calendar days to 15 business days, and to change the date to file suit challenging a decision of the Attorney General from 10 calendar days to 15 business days from receiving the decision. Municipal Court Fees. Repeal the statute imposing a court fee on any person who seeks to pay a fine over time rather than immediately; or if that fails, legislation that would cladfy the statute by: 1) defining "immediately," and 2) stating whether the fee is to be collected per offense or per defendant. C:\MY DOCUMENTS\??'[~I LEGISLATIVE POLICY 22 205 22 City of Corpus Christi, Texas Presentation for November 21, 2000 Recommendations to Increase Efficiency and Reduce CoSts in the Collection of Solid Waste and Recyclables in Corpus Christi Presented by: Gershman, Brickner & Bra.tton, Inc. (GBB) November 21, 2000 GBB GBB's Scope of'Se~s · Review the administration and functions of the Solid Waste Se[vic~s Department. · Visit all City related solid waste operations. · Furnish a set of full-cost accounting (FCA) form~ with instructions to the City to enable the City to condUct an FCA analysis of its solid waste system. City of Corpus Christi, Texas 207 'T City of Corpus Christi, Texas Presentation for November 21, 2000 GBB's Scope of Services (Con't.) · Answer questions the City might have as it completes the FCA analysis, Prepare and give a "presentation" addressing the City's solid waste services, costs and issues related to the solid waste system. City of Corpus Ch#sti, Texas = ' {~ GBB Overview of C~,~olid~ Wa~' · Servib~D~partment *Administration budget is allocated to the divisions and included in the annual budgets shown for each. Amounts are rounded.: City of Corpus Chtfsti, Texas GBB 2 208 City of Corpus Christi, Texas Presentation for November 21, 2000 Refuse Collection · CUrbsidecollection of 72,300 homes and commercial businesses · Refuse collecti0~@ 2/week citY Col ects 89 000 TPY City of Coq~us Chrisli, Texas ~ GBB GBB Recyclables COJleCtion even two weeks · Three~pe~9~: crews · Curbside sort;3or, 4 · City collects 5,700 TPY Cib/ofCorpus Chtfs~, Texas iii~!!i!:~ GBB 3 209 City of Corpus Christi, Texas Presentation for November 21, 2000 Bulk Brush and Trash Collection · Curbside collection with availability of I every 5/weeks per residence · City collects 31,700' TPY of mixed brush and bulk trash *Includes Wednesday light debris collection City of Corpus Ch#~d, Texas GBB Collection Labor With Existing (See Exhibits 1, 2, and 3) - Full Time ~,:,:~:~:~,.::.:...~ . $5 691.000 - Temporary L..abor Total Collection Labor. C?.st CityofCorpusCh#sti. Texas :~!!'iiii!i!iiii~~~ GBB 4 210 City of Corpus Christi, Texas Presentation for November 21, 2000 J.C. Elliott Landfill City owned and operated ReCeives waste collected by City, pdvate haulers, and other City Depts. Includes brush gdnding and HHW operations Projected tonnage in FY'01 is over 467,000, including amount to brush grinding Employs 29 staff City of Coq~us Chdsti, Texas GBB Brush Grinding Receives clean brush collected by City's brush trucks Employs 5 staff Projected to handle over 19,000 tons in FY'01, producing a "mulch" product City of Corpus Chdsti, Texas ~ GBB GBB 5 211 City of Corpus Christi, Texas Presentation for November 21, 2000 Other City Sofid WaSte Services Household Hazardous Waste days (41year); residents can bdng HHW to J.C. Elliott Landfill, where it is packed and shipped out for disposal; · Cash-for-Trash Days (6/ysar); residents can bring bulk items to landfiil in exchange for cash or credit on utility bills. Projected Waste Flows FY'01 City-Collected Residential City-Collected C0m~nercial Bl~ulk 89,000 tons 31,700 tons Other City- Departments Privately Collected and 5,57 tons Other 343;200~tons Landlilled Brush Grinding for Mulch 448,400 tons 19.000 tons City of Coq~u$ Chss~, Texas ~ GBB GBB 6 212 City of Corpus Christi, Texas Presentation for November 21, 2000 Projected Revenues and Costs of City's Solid Waste Service 'Department Projected Annual Revenues (FY'01) Collection Revenues - Residential Collection $10,679,024 - Commercial Collection 354,469 - Special Collections 1,008 - Recycling Rebates(from BFI) 13,200 - Other Fees 646,497 Total from Collection $11,694,198 Landfill Revenues - '~pping fees, permit fees. special project fees $ 8.805.773 Total Revenues $20,499,971 City of Coq~us ChdsE, Texas Projected Revenues and Cos!s of O~'s Solid Waste ServiC¢ DOPartment Projected Annual Costs (FY'01) Collection Costs (includes admin allocation) - Budgeted garbage collection - Budgeted brush colleclion - Budgeted recycling collection Total Budgeted Collection Cost Landfill Costs (includes admin allocation) - Budgeted landfill operation - Budgeted gdnding operation Total budgeted landfill/grinding Total Budgeted Costs $7,802,862 1,212,767 626.418 $9,642,047 $6,347,242 477,493 $6,824,735 $'16,466,782 City of Coq~u$ Ch#sti, Texas GBB GBB 7 213 City of Corpus Christi, Texas Presentation for November 21, 2000 Projected Revenues and Costs of City's So/id Waste Service Department Projected Net Revenue (Surplus) $4,033,189 (Does not take into consideration '101,700' tons of waste disposed by City Solid Waste Service Dept. at J.C. Ell[0tt~t;.F with no revenue credited to City) *Residential Waste - 89,000 tons Brush - 12,700 tons City of Corpus Ch~isfJ, Texas ~ GBB GBB Major Issue Aff t(qg :Proje" 'Surplus Revenue New El Centre Landfill by Texas E~l~i~ Inc. ~m~tes ~ C~s J.C. EllioE ~dfill. C~s 1 ~ qua~er revenue d~ ~14,~ ove~ ~ed~,y~ar. ~t ~ffion of sho~ll is ton~e~de!i~d by Waste Manageme~ If Io~ waste volume ~end ~nflnues, annual revenue d~ine ~id~ over $1.65 million. Net r~enue (su~lus) ~uld ~ ~u~ by app~mat~y ~% to abo~ $2.37 million. Cib/ of Corpus Ch#s#, Texas 8 214 City of Corpus Christi, Texas Presentation for November 21, 2000 Opportunities for Cost Savings - Waste Collection - Existing Structure - 36 rsutes, three-person crows, 5 days/week - 132 drivers and laborers employed to ensure 108 daily slots - Additional temporary labor equivalent to 14.59 people (146.59 total equivalent staff for 108 daily slots or .357 additional people per slot) Background Condrdons - Tight labor rsarket; significant growth in employment - City wage rotes for drivers/iaberers not competitive - Waste collection ve~ demanding, crct'x~tt work environment - CRy's collestion fome will inc. rsasingly find '~mparabie/b~.~r job opportunities" - City mn e~ inmeased turnover, latmr shortfall, inconsist~n~t of .~ntloe, and elevated worker's comp. da~'ns City of Corpus Ch#sE, Texas GBB Recommendafion for City s waSte CollectiOn Operation Move to Fully Automated Collection - Option 1 or Option 2 - Each vehicle would only require a ddver - Residents to be fursiehed a city-o~6 gallo~rt - Residents receive service once/week or twice/weekl de~nd'mg on option Eliminate Loose Trash Pirie-up EV~ Olher :W~ne~dey - 68% of waste per househo d now p c~ed up on 1" Se~iceday and only 32% on 2"~ day - Loose trash pic~-up would be accorsmodated by cart Increase Wages for Drivers from $8.60/hr to $11;00/hr. City of Corpus Chds~, Texas ~ GBB 9 215 City of Corpus Christi, Texas Presentation for November 21, 2000 Fully Automated Collection Option 1 Residents receive twice per week collection · System would go to six day:work weeks, 10 hours/day · Each vehicle driver would work four 10 hour days · City would operate 24 routes Per day, · System would have 32 trucks, including spares::: CityofCorpus Chris#, Texas Benefits in Refuse Collection in Option Estimated savings to City over $~;~q~O,/~ear. (See Exhibits 4 arid 5) Reduce garbage collection labor fro~:~:~ to 54 people. Reduce employee turnover, accidents, worker's comp! ~la and complaints ~ City of Corpus Chdsti, Texas GBB 10 216 City of Corpus Christi, Texas Presentation for November 21, 2000 Fully Automated Coflection Option 2 · Residents receive once per weekco!!e~ign System would operate five days per we~ · Each vehicle driver would work,fiv~::~.hour days · City would operate 15 routes per day ..... , · System would have 19 trucks, including spares City of Corpus Chdsti, Texas Benefits in Mow Autom§~d Refuse COllection in Option 2 Even greater savings'to City over $3;038,000Ly~a~[~: (See Exhibits 4A and SA) Reduce garbage collection labo~"~'i44 Reduce employee turnover, accidents, worker's comp. claims; and complaints City of Corpus Ch#s~f, Texas ~ GBB GBB 11 217 City of Corpus Chrfsti, Texas Presentation for November 21, 2000 Recycling Collection City of Corpus Ch#eli, Texas Existing S~ructure - Cud~ide c~llec~on on 7 mutes with ~ree-pemon crews - Each residence c~ected ever/other ' '.:=c~ 1~ gal,.b~s - Tru~cshaut~.3bads/~yto BFI - TypicaJ load is 1.25 ~ o~Jess; ~our ~o ~ime, Ci~/,is losing 7.$ Recycling Conditions (Con'to) - For 7 routes, the City is losing approximately 13,640 hours/year in 'non-productive fime~ BFI has ability to sort co- mingled containers, but. not co-mingled papers BFI has to charge higher price to re-coup cost for items of little or no market value City of Corpus Ch#s~, Texas GBB 12 218 City of Corpus Christi, Texas Presentation for November 21, 2000 Recommendations for Recycling Option ~ Convert to once/week collection of recyclables Change collection equipment used for curbside pick-up - Use two compartment vehicles with compaction Switch to one-person crew on each truck Limit materials collected to allow for a 'two-sort"rather than 'three-sort" at curb Meet and negotiate with BFI regarding increased recyclable quantities, pricing, and adjustments needed for processing Implement new, sustaining community information program in advance of changes City of Corpus ChtfsE, Texas Recommendations for RecyCling Option 2 Convert to once every two weeks collection of recyclables Residents use 65'gallon ~arts ...... Change to "automated" co ect on equipment With one, person crew on e~ch trucl~: :.:,: ...~:.~ Meet and negotiate With BFI regarding~incre~ed recyclable quantities, pricing, and changes needed at BFI'S processing facility Implement new, sustaining communitY, information program in advance of changes : City of Corpus Chdsb; Texas ~ GBB GBB 13 219 City of Corpus Christi, Texas Presentation for November 21, 2000 Benefits to City in Changing Recyclables Collection Increased participation by residents and increased weight collected per household Reduced aimpace C°nsumption'at Elli0tt Road Landfill (est. reduction of 469 tons/month to landfill in Option 1 and 941 tons/month in Option 2) Allows City to re-negotiate processifig charge with BFI to, hopefully, improve its pdcing arrangement City of Corpus Ch#s~, Texas GBB Other Cons~at, ions in Changing Recycling Collection · Recommended recycling collection changes will increase City's total mcycitng collection costs by over $300,000/year in Option 1 (See Exhibits 6 and 7) and over $850i000/yea[:ia ~p~p~ ~ (See Exhibits 6A and 7A) ......... ~: ~:~' ~: ,: · Saved lane'fi a rspace and POtential y:,~.p,[oved pdcing from BFI could lower this cost increase to about $100,000~e~i'f'tn:~0n 1 (See Exhibit 8) and about $464,000/year in Option 2 (See ~b~ Proposed recycling system, on un~eeSLbasis, is estimated to reduce costs from over $116/ton recyclables coii~ed [~ $68/ton collected. · Ability to implement recycling options and achieve estimated savings depends on outcome of negotiations:with BFL City of Corpus Ch#sff, Texas GBB 14 220 City of Corpus Christi, Texas Presentation for November 21, 2000 Bulk Brush and Trash Collection Existing Structure - Collection via five crews at curbside - Crews wod( 5 days~eek on scheduled routes - Each c.m~v has loader and four- 20 yard clump trucks - 'Availability of sen~ice · to each resident once every 5 weet(s - Current sen/ice pic~.s up loose ~ash and brush 'mixed" and attempts to separate at cad) (31,709 tons) : Background Conditions - City currently revising o~inance for bulk trash/bnJsh pick-up - Revision will mcluire brush to be separated~from trash at residence - With 31,709 tons of materials, due to mixed set outs,Jess than 14,000 tons am diverted to 'grinding' for mulch City of Corpus Ch#s~; Texas GBB Bulk Brush and Colle ti°n (Con't.) Recommendations - Implement and enforce new ordinance Benefits to City - VV'~h enforcement of new ordin~,. City should see dramatic mprovement in brush diverted tO g~ing .... - Estimate 75% of brush collected can be diverted to gdndiBg - W'~h an estimated 9,860 addi~o,nal tons diver~ed from landf~; there is potential to "sell· this airspace - At $25.25/ton UPping fee, this tonnage, if CeP!aced, would yield City over $248,900/year at no additional landfill consumption City of Corpus Ch#s#, Texas 15 221 City of Corpus Christi, Texas Presentation for November 21, 2000 Summary of Estimated Savings for the Two Garbage and Recyclables Collection Options Option 1 =:: - Garbage collection 2/week, frilly autOmated - Recycling collect[on 1/week, two-sorttrucks, 18 gal. bins Garbage Collection Savings=:. $1,434,356* Recycling Collection Savings (Cost~)(103,854)* Total Annual Net Savings $1,330,502 *Does not include costs of community information program, estimated @ $100,000 in year one and $30,000 - $50,O00/year in subsequent years City of Corpus Ch#stf, Texas Summary of Estimated SavinE~..~o~the::T~o Garbag® and Recycling;~O~ Options (eon't) Option 2 - Garbage collection 1/week, full~'automated: - Recycling collection 1/2 weeks, automated true, s, 65 gal~:~rts: c: ....... Garbage Collection Savings i ~:~,:~:~!:::~. $3,038,898' ReCYcling Collection Savings (CostSi Total Annual Net Savings: $2,$74,74 'Does not include costs of community information ~r°gram, estimated $100,000 in year one and $30,000 - $50,000~ear in Subsequent years. City of Corpus Ch#sti, Texas GBB 16 222 City of Corpus Christi, Texas Presentation for November 21, 2000 Estimated Cost Savings Under Option 2 Covers City's Cost/Lost Revenue to Landfill City-Collected Refuse and Brush · Option 2 Estimated Net Savings · Lost Revenue fi'om landfilling City- Collected Refuse and Brush $ 2,574,746 $-2,567,925' $ 6,821 '101,700 tons ~ $25.25/ton tiPPing fee City of Corpus Ch/fsi, Texas GBB Additional Information, Needed fo~:City Decision-MaRing Complete Full Cost Accounting Analysis (FCA) of Solid Waste Service Department and evaluate makir~g the Department an 'Enterprise Fund ~:: Obtain updated information/insights on regional marketpiac~i haulers, facilities, waste flows, r~c abl~.~lows costs, materials markets/prices, etc. Conduct further evaluation of automated collection to dbtermir~? ?-/week vs. 1/week service level '" Meet and negotiate with BFI regarding pficieg for increased recyclables, modified mix of materials, and changes needed to BFI's MRF City of Corpus Ch/is#, Texas 17 223 City of Corpus Christi Exhibit 1 Labor Cost - Existing Garbage Collection Total Staff Assigned to Garbage Collection Supervisors and Foreman Total Assigned 132 12 144 Expense ltem Acct Code Salades and Wages 510100 Ove~ime 510200 Other Pay- Guaranteed OT 513000 Yearly Total $2,261,050 $43,817 $315,995 Total Pay $2,620,863 Average Wages Per Employee $18,200 Benefits Retirement Group Insurance Benefits Clothing Self Insurance Allocation Acct Code 511000 513000 520040 548120 Yea~y Total $496,824 $389,066 $42,414 $350,790 Annual Cost Per Employee $3,450 $2,702 $295 $2,436 Total Benefit Cost $1,279,094 $8,883 Percentage of Benefit Cost 48.80% Temporary Services 530070 $364,083 Total Cost Garbage Collection Labor Per Year $4,264,039 Total Cost Per Employee Per Year $29,611 GBB/C20025 18 11/9/00 - City of Corpus ChristiExhibit 2 Labor Cost - Existing Recycling Collection Total men assigned to Recycling Collection Supervisors and Foreman Total Assigned 21 1 22 Expense Item Acct. Code Salaries and Wages 510100 OverUme 510200 Other Pay - Guaranteed OT 513000 Total Pay Average Wages Per Employee YeadyTotal $346,110 $14,592 $55,203 $415,905 $18,905 Benefits Acct. Code Yearly Total ~,etirement Group Insurance Benefits Clothing Self Insurance Allocation 511000 513000 520040 548120 530070 Total Benefit Cost Percentage of Benefit Cost Temporary Services $79,100 $60,278 $0 $54,348 $193,726 46.58% $55,851 Total Recycling Collection Labor Cost Per Year Total Cost Per Employee Per Year $665,482 $30,249 GBB/C20025 22~9 11/9/00 City of Corpus Christi Exhibit 3 Labor Cost - Brush Collection Total men assigned to Recycling Collection Supervisors and Foreman Total Assigned 33 3 36 Expense Item Salaries and Wages Overtime Other Pay - Guaranteed OT Total Pay Average Wages Per Employee Benefits Retirement Group Insurance BenefAs Clothing Self Insurance Allocation Total Benefit Cost Percentage of Benefit Cost Temporary Services Acct Code 5101'00 510200 513000 Acct Code 511000 513000 520040 548120 530070 Yearly Total $590,728 $152,751 $84,611 $828,090 $23,002 Yearly Total $156,309 $98,636 $9,006 $88,933 $352,885 42.61% $0 Total Brush Collection Labor Cost Per Year Total Cost Per Employee Per Year $1,180,975 $32,805 GBB/C20025 2L~60 11/9/00 City of Corpus Christi Exhibit 4 Labor Cost - Proposed Garbage Collection 2X Per Week Service Scenario (Option 1) Total Staff Assigned to Garbage Collection Supervisors and Foreman (assume $25,000 per employee) Total Assigned 44 10 54 Expense Item Salaries and Wages Overtime Other Pay - Guaranteed OT Total Pay Average Wages Per Employee Benefits Retirement Group Insurance Benefits Clothing Self Insurance Allocation Total Benefits Cost/Employee Percentage of Salary Cost Total Benefits Cost Temporary Services Acct Code 510100 510200 513000 Acct Code 511000 (@18.96% of 513000 eamings) 520040 548120 530070 Yearly Total $1,256,720 $0 $0 $1,256,720 $23,273 Esi Annual Benefits Cos~Employee $4,412 $2,947 $321 $1~200 $8,880 38.16% $479,554 $0.00 Total Estimated Cost Garbage Collection Labor Per Year Total Cost Per Employee Per Year $1,736,284 $32,153 GBB/C20025 22721 11/9/00 City of Corpus Christi Exhibit 4A _~ Labor Cost - Proposed Garbage Collection 1X Per Week Service Scenario (Option 2) Total Staff Assigned to Garbage Collection Supervisors and Foreman (assume $25,000 per employee) Total Assigned 19 10 29 Expense Item Salaries and Wages Overtime Other Pay - Guaranteed OT Total Pay Average Wages Per Employee Benefits Retirement Group Insurance Benefits Clothing Self Insurance Allocation Total Beneffis Cost/Employee Percentage of Salary Cost Total Benefits Cost Temporary Services AccL Code 51O100 510200 513000 AccL Code 511000(@18.96%of 513000 eamings) 520040 548120 530070 Yearly Total $766,230 $0 $0 $766,230 $26,421 EsL Annual Benefits Cost/Employee $5,009 $2,947 $321 $1~oo $9,478 35.87% $274,862 $0.00 Total Estimated Cost Garbage Collection Labor Per Year Total Cost Per Employee Per Year $1,041,102 $35,900 GBB/C20025 22 11/9/00 228 City of Corpus Christi '~arbage Collections Comparison of Services - Equipment Exhibit 5 Current Operations 36 routes on an Mon- Thurs, Tues - Friday basis 3 men per route - Pick up of light trash on Wednesday Routes pick up a little over 1,000 homes per day and work an average f less than 8 hours per day. Total Labor cost per ~'ear Total vadable cost per year Total cost of Equipment Depreciation and cost of money at 7.75% for 44 trucks at $105,000 each - 8 year life $4,264,039I $1,109,344 $776,711 Total cost $6,150,094 Monthly Cost per route $11,6471 Monthly Cost per home $7.o91 Proposed Operations (Option 1) 24 f~lly automated mutes on a Mon-Thur, Tues-Fri, Wed-Sat. basis man per mute - light trash in cart on second pick-up day Routes pick up a little over 1,000 home per day and work an average of 10 hours per day. Drivers work 4 days per week, 44 men required [o perform this task with back-ups. Raise pay rate for driver to $11.00 )er hour range. Give every resident in City a cart for service. Total Labor cost per year Total variable cost per year ($3,000 per truck per month X 32 trucks) Total cost of Truck Depreciation and cost of money at 7.75% for 32 trucks at ~140,000 each - 5 year life Total cost of Cart Depreciation and cost of money at 7.75% for 75,000 carts ~t $41.00 each - 5 ~/ear life $1,736,309 $1,152,000 $1,083,638 $743,791 $4,715,739] total cost rl,lonthly Cost per route $10,816] Vlonthly Cost per home $5.39] --'~roposed Yearly Cost $4,715,73sI IYearly Savings $'1,434,3561 GBB/C20025 22~3 11/9/00 City of Corpus Christi Garbage Collections Comparison of Services - Equipment Exhibit 5A Current Operations 36 routes on an Mon - Thurs, Tues - Friday basis 3 men per route - Pick up of light trash on Wednesday Routes pick up a little over 1,000 homes per day and work an average 3f less than 8 hours per day. Total Labor cost per year $4,264,039 fotal variable cost per year $1,109,344= Total cost of Equipment Depreciation $776,711 and cost of money at 7.75% for 44 trucks at 3105,000 each - 8 year life Total cost $6,150,095I Monthly Cost per route $11,648I ~/Ionthly Cost per home $7.09I Proposed Operations (Option 2) 15 fully automated routes working 45 houm per week, Mon - Fri. man per route. Routes pick up a little over 960 homes per day and wonk an average of 9 hours per day making 2 trips per day to [he Elliott Road disposal site. 19 drivers needed in total [o perform this task with back-ups. Raise pay rate for driver to $11.00 er hour range. Give evePJ resident in City a cart for sentice. Total LabOr cost per year $1,041,102 Total variable cost per year ($3,000 per truck per month X 19 trucks) $684,0001 Total cost of Truck Depreciation $493,545 and cost of money at 7.75% for 19 trucks at i;140,000 each - 7 year life I Total cost of Cart Depreciation $892,550' and cost of money at 7.75% for 90,000 carts at $41.00 each - 5 year life Z0% carts added for people needing more man 1 cart sen/iced once per week Total cost $3,111,197I raonthly Cost per route $7,202I ~/Ionthly Cost per home $3.59I Current Yearly Cost $6,150,095 Pr'~posed Yearly Cost $~,111,197 Yearly Savings $3,038,8981 230 1119/00 _ City of Corpus ChristiExhibit 6 Labor Cost - Proposed Recycling Collection Total men assigned to Recycling Collection Supervisors and Foreman Total Assigned 22 1 23 Expense Item Salaries and Wages Overtime Other Pay - Guaranteed OT Total Pay Average Wages Per Employee Benefl~ Retirement Group Insurance Benefits Clothing Self Insurance Allocation Total Benefit Cost Percentage of Benefit Cost Temporary Services Acct. Code YeaHy Total 510100 $528,360 51O2OO $0 513OOO $0 Acct. Code 511000 513000 520040 548120 530070 $528,360 $22,972 Yearly Total $246,110 46.58% $0 Total Recycling Collection Labor Cost Per Year Total Cost Per Employee Per Year $774,470 $33,672 GBB/C20025 23125 11/9/00 City of Corpus Christi Exhibit 6A Labor Cost - Proposed Recycling Collection Total men assigned to Recycling Collection Supervisors and Foreman Total Assigned 11 1 12 Expense Item Salaries and Wages Overtime Other Pay - Guaranteed OT Total Pay Average Wages Per Employee Benefits Retirement Group Insurance Benefits Clothing Self Insurance Allocation Total Benefit Cost Pementage of Benefit Cost Temporary Services AccL Code Yearly Total 510100 $276,680 51O2O0 $0 513000 $0 Acct Code 511000 513000 520040 548120 530070 $276,680 $23,057 Yearly Total $4,385 $2,740 $o $1,200 $99,903 36.11% $0 Total Recycling Collection Labor Cost Per Year Total Cost Per Employee Per Year $376,583 $31,382 GBB/C20025 26 11/9100 232 City of Corpus Christi Recycling Collections Comparison of Services - Equipment Exhibit 7 Current Operations 7 routes on a Monday - Friday basis. 3 men per route - Provide service every other week Routes pick up a little over 1,000 homes per day and work an average ~f 8 hours per day. City averaging just over 3 pounds per home per week. $665,482.00I $167,617.00 $63,366.00 Total Labor cost per year Total vadable cost per year Total cost of Equipment Depreciation and cost of money at 7.75% for 44 trucks at t;105,000 each - 8 year life Total cost $896,465.001 ~1onthly Cost per route $10,672.20} ~onthly Cost per home $1.03j Proposed Operations 12 mutes on a Monday - Saturday basis. man per mute - Provide service every week. F~outes pick up a little over 1,000 home per day and work an average 3f 10 hours per day. Drivers work 4 days per week. 22 men required Io perform this task with back-ups. Raise pay rate for driver to $11.00 ~er hour range. Providing service each week should more than double ~unds per home collected per week. Total Labor cost per year Total variable cost per year ($3,000 per truck per month X 32 trucks) Total cost of Truck Depreciation and cost of money at 7.75% for 32 trucks at $140,000 each - 5 year life $774,470.00 $228,000;00 $194,417.00 Total cost $1,196,887.00I Monthly Cost per route $5,54t.14] Monthly Cost per home $1.38] ~Cost IProposed Yearly Cost $1,196,887.ooI 'Yearly Savings $300,422.00] GBB/C20025 23:~7 11/9/00 City of Corpus Christi Recycling Collections Comparison of Services - Equipment Exhibit 7A Current Operations 7 mutes on a Monday - Friday basis. 3 men per route - Provide service ever,/other week Routes pick up a little over 1,000 homes per day and work an average of 8 hours per day. City averaging just over 3 pounds per home per week. Total Labor cost per year $665,482 Total variable cost per year $167,617 Total cost of Equipment Depreciation $63,366 and cost of money at 7.75% for 8 trucks at $55,000 each - 10 year life Total cost $896,465I ,Monthly Cost per route $10,672I Monthly Cost per home $i.031 Proposed Operations 8 fully automated mutes work Mon- Fd one week and 7 mutes work Mon- Fri the following week. Routes will drive by 960 homes per day and work an average of 8 hours per day. 11 men required to perform this task with back-ups. Raise pay rate for driver to $11.00 )er hour range. Provide each home with a 65 gallon cart for recycling and provide service on regular schedule garbage day on an every other week basis. Carts and trucks to be split depending on the capability of the processing facility. Total Labor cost per year $376,583 Total vadable cost per year ($3,000 per truck per month X 11 trucks) $396,000 Total cost of Truck Depreciation $285,737 and cost of money at 7.75% for 11 trucks at $140,000 each - 5 year life Total cost of Cart Depreciation $689,368 and cost of money at 7.75% for 75,000 carts at $38.00 each - 5 year life Total Projected Rec~clin~l Cost $1,747,688 Monthly Cost per route $8,091 I Monthly Cost per home ,$2.011 Current Yearly Coat ~Proposed Yearly Cost $896,4651 $1,747,6'881 IYearly savings/cost GBB/C20025 ~851,2231 28 234 11/9/00 City of Corpus Christi =roposed Changes Recycling Collection Exhibit 8 Assumptions: Change recycled stream to eliminate glass and mixed paper Change allows for two sort at curb with one man operation Change in mix of materials reduces processing cost $5.00 per ton. This reduction is passed directly back to City. Providing service each week takes average weight per home from 3 pounds per week to 6 pounds per week Increase in weight comes in news for which BFI pays rebate. Reduce volume to landfill (3 pounds per home per week) Value of reduced disposal at $25.25 per ton per month Value of reduced disposal per year 469.59 tons $11,857 $142,285 Impact of reduced rate at Processing Facility and rebate Charge by BFI to process Proiected tons processed monthly by BFI Projected pounds per home per week % of total news - (currently 48%) - 50% .__~[Monthly paper rebate at $45.00 per ton, ye ow sheet pdce 'eefly estimated rebate $34.00 per ton 954.30 tons 6.09 Pounds 477.15 tons $3,936 $47~38 Total value of reduction in Landfill airspace and increase in mcyc lng rebate $189,623 Ilncreased cost of providing even/week service $300,422 Estimated Net Cost $110,899 GBB/C20025 29 1119100 235 City of Corpus Christi Proposed Changes Recycling Collection Exhibit 8A ~ssumptions: ;hange recycled stream to eliminate glass and mixed paper ~,llows for automated pickup - Split or non split cart and truck 3.hange in mix of materials and increase in volume reduces processing cost $10.00/ton ]'his reduction is passed directly back to City. ~roviding service every other week with a 65 gallon cart takes recycled matedal Yom 3 pounds per week to 9 pounds per week Increase in wei,~ht comes in news for whiqh BFI pays rebate. Reduce volume to landfill (6 pounds pffr home per week) Value of reduced disposal at $25.25 per ton per month IVa ue of reduced disposa per year 941.78 tons $23,780 $285,359 Impact of reduced rate at Processing Facility and rebate $29.00 per ton 9.0pounds $8,476 Charge by BFI to process Projected tons processed monthly by BFI 1,413 Projected pounds per home per week % of total news - (currently 48%) - 50% $706 Monthly paper rebate at $45.00 per ton, yellow sheet pdce Yeerly estimated rebate $101,712 Total value of reduction in Landfill airspace and increase in recyc ng rebate $387,07t Ilncreased cost of providing every other week service $851,223 IEstimated Net Cost $464,152 GBB/C20025 30 11/9/00 236 Solid Waste Services J. C. Elliott Landfill Revenue Update Graphs $5,500,000 $4,500,000 $3,500,000 $2,500,000 $1,500,000 $500,000 Accumulative Monthly Revenue '99 '00 Jun Difference: -10,968 Jul Aug Sep vct -61,451 -112,350 -277,971 -475,822 -f- 1999 A 2000 Total Difference: -475,822 NOV uec 82 Monthly Revenue Comparison '99 100 $800,000 787,964 766,750 $750,000 $735,744 $737,065 $ 72 776 $700,000 $701,9 $650,000 $651,438 $638,330 $600,000 I -$601.122 - $599,414 I j $569, 75 $550,000 Jun Jul Aug Sep Oct Nov Dec Difference: -10,968 -50,484 -50,899 -165,621 -197,851 --ice- 1999 ---A�- 2000 Total Difference: 475,823 $600,000 $580,000 $560,000 $540,000 $520,000 $500,000 $480,000 $460,000 $440,000 Monthly Big 3 Revenue Comparison Difference: -5,722 -85,757 -100,753 -138,286 -121,158 Big 3 = BFI, Waste Management, CC Disposal -An- 1999 2000 Total Difference: 451,676 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 I REVENUE FY 99-00/00-01 COMPARISON -m- Actual FY 99-00 & Budgeted FY 00-01 --w- Projected FY 00-01 Total difference budgeted to projected = -$949,095 23 CITY COUNCIL AGENDA MEMORANDUM November14,2000 AGENDA ITEM: Presentation by the Commission on Children and Youth ISSUE: The Commission on Children and Youth will present their annual review for the City Council BACKGROUND: In order to keep the City Council informed on their ongoing work in the community, the Commission on Children and Youth will provide a review of their efforts. Included in their presentation will be an outline of their goals for the upcoming year. Marco A. Cisneros, Director Park and Recreation Department ADDITIONAL SUPPORT MATERIAL Backgroun~ information Contract Summary Ordinance/Resolution Map(s) 243 Commission on Children and Youth Annual Review November 21, 2000 VISION By the year 2000, Corpus Christi will be a community committed, philosophically and financially, to the well-being, education and success of children. Governments, schools and individuals will work together diligently, interacting and sharing ideas and concerns in order to improve the quality of life for all citizens. Eve~. one will be an active participant in promoting a safer and healthier community. 244 MISSION The mission of the Corpus Christi Commission on Children and Youth is to support a comprehensive system of services and advance policies to meet the needs of the City's children, youth and their families. COMMISSION MEMBERSHIP Health Social Religion Services Legal Law Education Enforcement Business Youth Youth Services Plus at-large and advisory 4 245 FUNCTIONS AND DUTIES Gather and organize information about child/youth/family issues in order to act as a source of information and referral. Develop an annual community action plan for children, youth and families. Advise the City Council regarding resources for children, youth and families. FUNCTIONS AND DUTIES Promote and foster effective services for children, youth and families. Encourage and strengthen public/private partnerships for effective communication and services to children, youth and families. Serve as advocate of local, state and federal policies benefiting children, youth and families. 246 Commission On Children and Youth COMMUNITY MASTER PLAN Problem: Child Maltreatment Goal 1: Ensure a healthy, safe, and secure environment Increased numbers of parenting educators Expansion of parenting education programs Network of agencies providing case management Increased public awareness 247 Problem: 'uvenile Crime and Delinquency Goal 2: Effective prevention, intervention, and enforcement programs for youth , Opening of Juvenile Assessment Center , CCPD Community Adviso~ Councils ~ Special Prosecutor for gang related offenses , Juvenile Court · Initiation of Coastal Bend Mentor Network Problem: Inadequate Educational Attainment Goal 3: Increased educational attainment of all children ~ Success By Six ~ YOU After-School Program · 21st Century Learning Center Grant ~ School Reform ~ Increased Parent and Community Involvement ~ Seamless Pipeline Program 248 Problem: Lack of Information and Evaluation Goal 4: Effectwe communication and measurable program outcomes ~ YOU Comprehensive Strategic Plan ,, Juvenile Case Tracking System ~ Increased Interagency Collaboration ~ Safe Communities Cooperative Initiatives Operation Weed & Seed 78415 Community Youth Development (CYD) Youth Oppommities United (YOU) Comprehensive Strategic Plan Nueces County Community Plan America's Promise Governor's Mentor Initiative Success By Six 249 What's next ..... Establish a community-wide, comprehensive child protection system to include police, child protective services, courts, legal, medical and mental health entities. Solidify the process for collaborative, at risk youth interventions to include police, dzrvenile Assessment Center. Juvenile Probation Department. courts and school districts. Expand collaborative, stay-in-school initiatives such as Twenty-First Century Learning Centers, Success By Six and Family Life Center. Fully integrate the use of the comprehensive strategy initiative to base action on community data, valid research and evaluation proven outcomes. Economic Impact... YOU Grant Writer $50,000 Kenedy Foundation Youth Project Grant $580,000 Governor's Off't~e Data Collection Project Grant $60,000 Governor's Ofl-~ Family and Comalunity Violence Prevention $660,000 U.S. Dept. of Health and Human Serwces Safe Communities $163,000 TXDO T Success By Six $160,000 Bank of America Corp. Early Head Start $560,000 U.S. Dept. of Health and Human Serwces 21st Century Community Learning Centers $3,478,188 U.S. Dept. of Education TOTAL $5,711,188 250 Commission on Children and Youth 251 24 CITY COUNCIL AGENDA MEMORANDUM November 21, 2000 Agenda Item: Presentation concerning the 78415 Community Youth Development Program. This program is funded by the Texas Department of Protective and Regulatory Services. 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 Regulatory Services (TDPRS) for the 78415 CYD Program, and executed a contract with TDPRS; Council also passed a resolution (#022938) 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 #023334). 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 Christi Independent School District, Paisano Gid Scout Council, Y~NCA 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 TDPRS to increase funding from $500,000 to $532,600 and approving the subcontracts (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). Council approved the Community Youth Development programs for Fiscal Year 2000-01 on June 13, 2000. On August 22, 2000, the City Council approved the execution of the contract with TDPRS for the $500,000 for Fiscal Year 2000-01 and the subcontracts with Communities In Schools, Inc., Corpus Christi Housing Authority, Park and Recreation Department, and Youth Odyssey, Inc. (Ordinance # 024140). Marco A. Cisneros, Director Park & Recreation Department ADDITIONAL SUPPORT MATERIAL Copy of presentation 253 Presentation Park and Recreation Department NOVEMBER 21, 2000 784 15 Community Youth Development Program Program funded by the Texas Department of Protective and Regulatory Services History of CYb · In 1995 the 74th Texas Legislature allocated $10.5 million to the Texas Department of Protective & Regulatory Services (PRS) to fund the Community Youth Development (CYD) Program. · Eleven counties with the highest violent juvenile odme rates were identified for CYD funding. · Within each of the 11 counties, the zip code with the highest juvenile probation referral rate was identified as a CYD site. The 78415 zip code area was identified as the CYD site within Nueces County. 2 254 History continued... · The State of Texas designed this program to be a 'grass roots' effort and directed local steering committees to identify community needs and allocate dollars to services that reduce or prevent juvenile crime. · $900,000 was awarded for the initial contract period of 17 months (Fiscal Year 95-96). · Workforce Development Corporation was the original Fiscal Agent for the 78415 CYD Program. History continued... · In June 1997 the City of Corpus Christi assumed the role of Fiscal Agent. · Since 1997 PRS has awarded each site $500,000 annually and has added four sites (total of 15). · PRS has requested that funds for the CYD Program continue through FY2003. Long- term funding is subject to legislative determination. 255 The 78415 CYl) Contract/Subcontracts CYD funds are provided via a contract between the Texas Department of Protective and Regulatory Services (PRS) and the Fiscal Agent, and subcontracts between the Fiscal Agent and local service providers. As Fiscal Agent, the City of Corpus Christi enters into a contract with PRS and subcontracts with local service providers. These contracts and subcontracts incorporate all applicable federal funding restrictions. In adhering to municipal policy, the City Council must approve any City of Corpus Christi contracts or subcontracts over $15,000. 5 The 78415 CYb Steer n9 Committee · The CYD Steering Committee recruits applicants from the community for any vacancies in membership. · At least 51% of the CYD Steering Committee members must live in 78415. · Persons recruited must submit an application to the City Secretary. · In adhering to municipal policy, the City Council appoints members to the CYD Steering Committee. · The City Council has appointed the current 9-member CYD Steering Committee. 256 Thc 784~§ CYD Progrom in Corpus Christi · Youth ages 17 and younger and their families, living in or attending school in 78415 are eligible to receive CYD services, free of charge. · Over 5,600 youth and their family members have received services since the beginning of the program. ROLES AND RESPONS'['B'~LTI"'.~E5 · Steering Committee · Fiscal Agent · Project Coordinator · YACTION (Youth Always Carfng To Improve Our Neighborhood) 78415 Community Youth Dev~nt 257 Responsibilities of the CYD Steering Committee · Assess the needs and strengths of the local community to identify gaps in youth services · Review and evaluate proposals submitted by prospective service providers · Make service selections based on objective evaluation of proposals · Review effectiveness of programs in meeting identified needs and gaps in service What does the 78415 CYD Steering Committee do? Receive training · · Develop Mission Statement "To enhance youth self- worth, we select life skills educational programs for 78415 families which provide mentodng, recreational activities, and pre-employment training." Conduct on-going community needs assessment Review RFP Process - Procurement and Evaluation (Nov 2000) 258 I~esponsibilitics of the Fiscal A~enl- · Comply with all contractual terms with PRS · Integrate internal policies and procedures with those of PRSICYD · Hire and supervise the Project Coordinator · Ensure compliance of all subcontractors with the terms of both the City contract the primary PRS contract · Monitor subcontractors for both fiscal and programmatic contract requirements · Ensure timely submission of program service documentation & billings to PR$, and reimbursements to subcontractors . Whot does the Fiscal Agent do? Will be connected via the internet to the PRS Division of Prevention and Early Intervention database which will expedite monthly program reporting and evaluation of services (Fall 2000) · Received an excellent monitoring report from PRS for FY2000 · Provides resources for other CYD Fiscal Agents 259 R sponsibiliti s of Project ¢oordinotor · Coordinate overall CYD programs and serve as a liaison between PRS, Fiscal Agent, Steering Committee, Youth Advisory Committee, and CYD subcontractors Ensure timely submission of all monthly reports and processing of required documentation Provide technical support and training to Steering Committee and CYD subcontractors Provide regular updates to the Steering Committee and Fiscal Agent Responsibilities of VACTION Youth Always Caring t_o [_reprove Our Neighborhood Serve as the "youth voice" of the 78415 area Ensure a youth perspective on the Steering Committee (all members must live in, or attend school in the 78415 zip code) · Assist in assessing community needs and strengths Provide community outreach and publicize program services with emphasis on the youth population · Provide leadership opportunities for youth to serve their community · Designate representatives to attend the annual CYD Teen Summit 260 What does YACT[ON do? Youth Always Caring To Improve Our Neighborhood Proposed Mission Statement: "We persevere, communicate, dedicate, support and educate ourselves and adults in order to improve our community through teen leadership." YAc i J.ON porticilx~ted in 5TOP Treshing Corpus Christi on October 28, 2000 ]5 CYl) Request for Proposal (RFP) Process I PRS: Public Notice of RFP r Fe'Xbra~-~. Steedng Committee: ~ Marcq Evaluation and / .~"%. , A~yil selection of proposals I Services begin I ~e~loer M~v ~._~' ,~, . . M/ay Plan of 0peral]on and Subcontractor training I x~LUgust J e dget , I Bu_ __ prepared ~ini\ng I~e / City Council: Appropriates j / city Council: Approves funds for CYD Program, J--' '-~ submission of proposal to PRS con[rams ana suocontracts J ~ ' ' are signed by all parties J PRS' Reviews and approves 78415 Plan of Operation and Budget 261 784115 CYD Progrom Service Providers: 1997-2000 CClSD (1997-99) Community Connection Volunteers, Ropes Course, Fannin Academy of Excellence · Communities In Schools (1997-2000) Mentoring, Activities, and Pre-Employment Program · CC Public Library (1997-99) Computer Outreach Program · Juvenile Justice Center {1997-98) Corpus Christi Teen Court · Housing Authority of Corpus Christi (1999) Camp Genesis, La Armada Day Camp Paisano Girl Scout Council (1999-2000) 78415 Troop Program 78415 ¢¥D Progrom 5¢rvic¢ Providers: 1997-2000 · Park & Recreation Department (1998-2000) Summer Youth/~ecreation, Spring Break Fun, Life- Skills Training · Volunteer Center of the Coastal Bend (1999-2000) Project JumpStart · Weed & Seed (1998) Tile Project · Workforce Development Corporation {1997) Youth Employment Project · Youth Odyssey (2000) Adventure Challenge Program · YWCA of Corpus Christi (1999) Y-Teen Club 262 The 78415 CYb Prog~rom in 2000-2001! -~ COM2vIUNITIES IN SCHOOLS 'outhOdysse 263