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HomeMy WebLinkAboutAgenda Packet City Council - 02/27/2001CITY COUNCIL AGENDA Ir cCity of orpus Christi February 27, 2001 AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD FEBRUARY 27, 2001 2:00 P.M. PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council after the Presentations section. Please speak intothemicrophonelocatedatthepodiumandstateyournameandaddress. Yourpresentationwillbelimitedtothreeminutes. 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 para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or se/vices are requested to contact the City Secretary's office (at 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend Shane Kinnison, Parkdale Baptist. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Betty Jean Longoria Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Arnold Gonzales Rex A. Kinnison John Longoria Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa MINUTES: Approval of Regular Meeting of February 20, 2001 and Special Council Meeting of February 21, 2001. (Attachment # 1) Agenda Regular Council Meeting Februa~ 27,2001 Page 2 BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) * Committee for Persons with Disabilities 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 dirige a la junta y cree que su ingles es limitado, habra un int~rprete ingles-espar3ol en la reuni(~n de la junta pare ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. H. PRESENTATIONS: (NONE) I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to r~consider 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 routine or administrative nature. The Counci/ has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. Ail items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 27,2001 Page 3 which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Motion to rescind the award to Burns International Security Services, Corpus Christi, Texas in the amount of $208,542.62 and all action regarding previous bids received under Bid Invitation No. BI-0033-01, by repealing Motion No. M2000-432. (Attachment # 3) 3.bo Motion approving a supply agreement with U.S. Security Associates, Inc., Corpus Christi, Texas for Uniformed Guard Security Services for City Hall, Central Library and the O.N. Stevens Water Treatment Plant in accordance with Bid Invitation No. BI-0033-01 based on Iow bid meeting specifications for an estimated annual expenditure of $226,781.10. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the using departments in FY00-01. (Attachment # 3) Motion authorizing the City Manager or his designee to execute a construction contract with Elite Construction Company in the amount of $164,500 for the Texas State Aquarium Sea Lab Renovations Project. (Attachment # 4) Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $174,339 with Cowell & Associates, Inc. for Outdoor Sports Facilities - Lighting (Bond Issue Project B-4). (Attachment # 5) Motion authorizing the City Manager or his designee to execute a grant agreement, should it be offered, with the Texas General Land Office in the amount of $201,750 for the Corpus Christi Bay Beach Nourishment Project. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 27,2001 Page 4 10. 11. Ordinance appropriating $201,750 from the Texas General Land Office, upon receipt of grant approval, in the No. 1050 State/Federal Grants Fund for the Corpus Christi Bay Beach Nourishment Project. (Attachment # 6) Ordinance appropriating $28,635.51 from the Unappropriated Fund Balance in the No. 3280 Park Fund for the Corpus Christi Bay Beach Nourishment Project; amending Ordinance No. 024162 which adopted the FY00-01 Capital Improvement Budget by adding $28,635.51 to the No. 3280 Park Fund. (Attachment # 6) Motion authorizing the City Manager or his designee to execute Change Order No. 2 with Haas Anderson Construction in the amount of $172,902.50 for rehabilitation of approximately 1,190 linear feet of 24-inch wastewater and stormwater lines (Alameda, Santa Fe, and Weber Overlay Projects). (Attachment # 7) First Reading Ordinance - Authorizing the City Manager or his designee to execute a five-year concession services with Prince Catering at both the Oso Beach Municipal Golf Course and the Gabe Lozano, Sr. Golf Center in consideration of Prince Catering paying 17% of monthly gross sales or $2,500 per month, whichever is greater, at each facility. (Attachment # 8) First Reading Ordinance - Authorizing the City Manager or his designee to execute a five-year lease agreement with the Gulf Coast Gem and Mineral Society ("Lessee") at the Kiwanis Recreation Center in consideration of lessee providing lapidary classes and workshop programs ("Programs") to the public and payment to the City of 35% of all revenues generated from these programs. (Attachment # 9) First Reading Ordinance - Authorizing the City Manager or his designee to execute a ten-year lease with Oso Pony Baseball League for the use of a portion of South Guth Park in consideration of Oso Pony Baseball League maintaining the premises and improvements and operating a baseball program. (Attachment # 10) Resolution strongly supporting House Bill 1449 relating to expiration ofthe property redevelopment and Tax Abatement Act. (Attachment #11) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 27,2001 Page 5 K. PUBLIC HEARINGS: (NONE) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 12. Second Reading Ordinance - Authorizing the City Manager to set competitive commercial tipping fees at the City's landfill based on market competition. (First Reading - 2/20/01) (Attachment # 12) 13. Motion authorizing the renaming of the Nueces River Park, the Terry and Bobby Laborite Park and waiving the 60 day waiting period as prescribed by the park naming policy. (Attachment # 13) 14. Motion authorizing the City Manager to execute on behalf of the City a collective bargaining agreement with the Corpus Christi Police Officers Association from August 1, 2000 thru July 31, 2002, as negotiated by Cityand association representatives. (NoAttachment) M. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss matters listed on the agenda, when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. 15. Executive session pursuant to Texas Government Code, Section 51.072 regarding the purchase, exchange, lease, or value of real property in connection with acquisitions necessary for the Rincon Bayou Project. N. 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 COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 27,2001 Page 6 16. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 77th Texas Legislature. 17. CITY MANAGER'S REPORT * Update on the process of negotiations on the Rincon Bayou Project (Attachment #15) * Upcoming Items 18. MAYOR'S UPDATE 19. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:30 p.m., February 23 ,2001. Armando Chapa City Secretary CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) NOTE: The City Council Agenda can be found on the City's Home Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL 1999 PRIORITY ISSUES: CONTINUE "AS IS" Improve Basic Services: Trash, Brush, Debris Improve Basic Services: Street and Road Maintenance Improve Basic Services: Animal Control ZImprove Basic Services: Quality Water Improve Basic Services: Lighting as Stormwater / Drainage Northside Plan Residential / Community Park Development Capital Improvements / Bond Issue OAirport Improvements ®tiitt� Street Assessment fitCommunity -Oriented Policing 1999 PRIORITY ISSUES: CONTINUE WITH REVISIONS SRI Privatize Services • Explore additional opportunities dfiMp Crime Control District Initiatives • Address budget concerns and the ability to fund the program for the long-term K-1.101 Bayfront Development Plan�Jl • Continue to vigorously pursue development in the Bayfront Arts & Sciences Park area • Continue coordination / collaboration among entities in the area Golf Course Youth Crime Initiatives Environmental Compliance ® Development Center fitCommunity -Oriented Policing 1999 PRIORITY ISSUES: CONTINUE WITH REVISIONS SRI Privatize Services • Explore additional opportunities dfiMp Crime Control District Initiatives • Address budget concerns and the ability to fund the program for the long-term K-1.101 Bayfront Development Plan�Jl • Continue to vigorously pursue development in the Bayfront Arts & Sciences Park area • Continue coordination / collaboration among entities in the area ILImprove 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 alternative funding sources as a result of study NEW PRIORITY ISSUES FOR 2000 Internal Issues 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 opportunities 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 software, ensure monthly requisitions and timely CAFR M Legislative Issues • Museum of Science and History Long -Range Plan Tax Increment Financing District (Packery Channel) Long-range Strategic Water Planning Capacity External Issues Long-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 A Marina Development A Development of Island, Post-Packery Channel Foreign Trade Zone Expansion Community -wide Visioning Process Metrocom ffl Crosstown Expressway IFSpaceport TMedical Campus Long-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 A Marina Development A Development of Island, Post-Packery Channel Foreign Trade Zone Expansion Community -wide Visioning Process 1 Mn'4 T.U_!._~ CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 20, 2001 2:00 p.m. Mayor Samuel L. Neal Jr. Mayor Pro Tem Betty Jean Longoria Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison John Longoria Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Assistant City Attorney Jay Reining Assistant City Secretary Mary Juarez Recording Secretary Rachelle P. Ram6n Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mr. Luis Torres, Iglesia de Cristo, following which the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. Assistant City Secretary Juarez called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of February 13, 2001. A motion was made and passed to approve the minutes as presented. City Manager Garcia announced that the board and committee appointment (Item 2) would not be made and he said staffwas withdrawing Item 20, the compensation study. Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 310 Norton, said that after he complained about illegal signs off Crosstown Expressway, the city removed them but left the realtors' signs in the state right-of-way. He said there are also many signs remaining on bus benches that are illegal, even though it has been over three months since the city notified the Regional Transportation Authority about the issue. Mr. Abel Alonzo, 1701 Thames, thanked Ms. Crystal Lyons and the members of the Mayor's Committee for People with Disabilities for helping to make the permanent Committee for Persons with Disabilities a reality. Speaking on behalf of the disabled community, Mr. Alonzo said he was glad the appointments to the new committee were tabled. He said that committee needs to include adults with disabilities, people who have children with disabilities, and business people. Minutes - Regular Council Meeting February 20, 2001 Page 2 Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item 3) was made by Mr. Bill Hennings, Chairman of the Air Quality Committee of the City of Corpus Christi. He emphasized that Corpus Christi has clean air and the Air Quality Committee's focus is to help ensure that it remains that way. With regard to ambient air quality, Mr. Hennings said there are national standards for carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. He noted that while ozone in the stratosphere is necessary to protect human life from harmful radiation, high levels of ozone on the earth's surface can be hazardous. Mr. Hennings said Texas cities with over 1 million population that have been designated as non-attainment (having polluted air) are the Dallas metroplex, E1 Paso, Houston-Galveston- Beaumont, and Greg County. Later this year San Antonio and Austin will be designated as non- attainment areas for ozone. He also discussed Corpus Christi's average readings at its two air quality monitoring stations. He said the standard is 85 and the three-year averages were 83 on one monitor and 82 on the other. Mr. Hennings said since Corpus Christi is close to the standard, people have to continue to work on maintaining clean air. Mr. Hennings discussed the sources of Corpus Christi's air pollution. According to a backward trajectory analysis of a particular high-ozone episode last year, air pollution was transported from the northeast to the southwest--from Houston to Corpus Christi. Sources of nitrogen oxide and volatile organic compounds include industrial emissions and on-road and off-road mobile emissions (cars, engines, construction equipment, etc.). He noted that Corpus Christi entered into a flexible attainment agreement in 1996 and industries, business leaders, and citizens have worked to limit the amount of air pollution so as not to be designated as non-attainment. Mr. Hennings also discussed ongoing initiatives of the Air Quality Committee and he responded to Council members. The second presentation was made by Mr. Ron Kitchens, President of the Corpus Christi Regional Economic Development Corporation. He stated that last month the EDC Board elected the following officers: Joe Adame, Board Chairman; Jacob Mufioz, Vice-Chairman; Jim Burnett, Secretary; and Bernie Paulson, Treasurer. He said the December 2000 issue of Money magazine named Corpus Christi as the No. 2 small metro area in the nation in terms of showing the most improvement in its business climate. Mr. Kitchens referred to the EDC's semi-annual report (August 1, 2000-January 31, 2001), which stated that 1,148 new industry jobs were announced in the community, of which 58% were created by the expansion of existing industries. He also stated that as of February I, 2001 103 companies have considered Corpus Christi and 30 are still active prospects and 30 are suspects. He said Ms. Kate McEnroe, one of the premiere site selection consultants in the country, will be addressing civic and community leaders on March 1st. He said the EDC will now be delivering quarterly financial reports, and he announced that the EDC's private sector fundraising efforts will be kicked off in March. He then responded to Council members' questions. Mr. Adame thanked Mr. Kitchens for his efforts and he commended the staff that he has assembled. Mayor Neal called for a brief recess. Minutes - Regular Council Meeting February 20, 2001 Page 3 Upon reconvening, City Secretary Chapa armounced that his office had completed the verification process for the petition that had been submitted which called for a referendum to repeal Ordinance No. 024270. He said the requisite number of signatures to place the item on the April 7th ballot was 7,386 and there were 7,330 eligible voters on the petition, a difference of 56 signatures. Mr. Chapa said he has notified the petitioners that they have an additional 10 days to supplement the petition. He said Item 17 on the agenda will not be discussed at the day's meeting; rather, an agenda has been posted calling for a special Council meeting on February 21st at 7 p.m. In reply to Mr. Bill Kopecky, one of the petitioners, Mr. Chapa and Mr. Bray stated that the petitioners would be able to submit one set of supplemental signatures to their original petition. Mayor Neal thanked the City Secretary's Office for their hard work in completing the verification process, and Mr. Chapa thanked his staff, including Assistant City Secretary Juarez, Mr. Willie Pulido of the Planning Department, the MIS Department, the City Manager's Office, and Mr. Bray. Mr. Bray then responded to Council members' questions. He said the City Charter states that ifa petition is filed after the deadline for a regular city election, the petitioners would have to wait until the next regular City Council election in two years. Mr. Bray said February 21, 2001 is the deadline to get the item on the ballot. If the referendum is not on the April 7th ballot, the ordinance establishing the tax increment financing district on Padre Island (Ordinance No. 024270) would not be suspended and would be in full force and effect. He said he does not believe the Council has the authority to put the issue on the ballot because having the correct number of signatures is a jurisdictional prerequisite to calling the special election. However, he said staff is looking at an ordinance whereby the Council calls the election subject to verification of the signatures. The third presentation was the quarterly update on the airport terminal reconstruction and other related projects. Mr. Dave Hamrick, Acting Aviation Director, said the Airport Board Chairman, Jerry Kane, could not be present but other Airport Board members in attendance were Nelda Martinez, Chuck Cazalas, Abel Alonzo, Rocco Montesano, and Mark Meyers. Using a computer presentation, Mr. Hamrick noted that the Federal Aviation Administration's (FAA) new air traffic control tower and approach control center is estimated to be completed in August 2001. He gave a brief history of the existing airport terminal, which was built in 1958-59, followed in 1986 by the expansion of the ticket lobby and the construction of the upper west concourse. In 1990, planning began to find ways to modernize the terminal. During an inspection of the main terminal ceiling a few years ago, structural deficiencies were discovered. As a result, precautionary shoring was installed, a structural analysis was completed, and quarterly inspections were instituted. Also, a stop work order was issued on the terminal reconstruction project and the existing contract was amended. In 1998, a benefit-to-cost analysis was conducted and the consultants recommended rebuilding the terminal. Consequently, project management, architectural and engineering teams were selected. Mr. Hamrick said the total project is estimated to cost $36 million and the total finance Minutes - Regular Council Meeting February 20, 2001 Page 4 package consists of PFC-backed revenue bonds issued last year, FAA entitlement and discretionary grants, reserves and airport revenue. He said initial estimates of the project exceeded the allotted budget, so non-essential features were eliminated or modified; however, essential equipment and operational features were not impacted. In response to Council members' questions, Mr. Hamrick described some of the elements that were eliminated, including additional escalators. He said they are on a list of items for future Council consideration. Mr. Doug Ellis, Project Manager with DMJM Aviation, listed the firms that constitute the airport's design team. He described the construction of the temporary terminal facilities as well as the initiation of the terminal construction itself beginning last October, with completion expected in November 2002 at a cost of $17 million. Other projects include passenger loading bridges and apron lighting ($1.75 million); terminal apron improvements, Phase I ($1 million) and Phase II ($1.8 million); lift station and sanitary sewer relocation ($600,000); and roadway and parking lot improvements ($6 million). Mr. Richard Maxwell, of Gensler, discussed tlie phases of the terminal construction project and he showed photographs of progress that has been made to date. Mayor Neal called for consideration of the consent agenda (Items 6-18). No items were withheld for discussion. City Secretary Chapa polled the Council for their votes: 6. M2001-077 Motion approving the purchase of computer workstations, servers, and printers from Gateway Inc., North Sioux City, South Dakota in accordance with the State of Texas Cooperative Purchasing Program for a total of $125,833. The computers will be used by the Corpus Christi Public Libraries. Funds provided by a grant from the Bill and Melinda Gates Foundation and are available through the Library Capital Improvement Program Fund. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7. M2001-075 Motion approving the purchase of one utility vehicle from the Houston-Galveston Area Council of Governments (HGAC), for the total amount of $20,008.75. The award is based on the Cooperative Purchasing Agreement with HGAC. This vehicle will be used by the Aviation Department. Funds are available in the FY00-01 Capital Outlay Budget. This item is a replacement to the fleet. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Regular Council Meeting February 20, 2001 Page 5 RESOLUTION NO. 024370 Resolution authorizing the Procurement and General Services Manager and/or his designee to participate in an Interlocal Governmental Cooperative Purchasing Program with the Texas Local Government Statewide Purchasing Cooperative in purchasing items for the City. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9. M2001-079 10. 11. Motion approving a supply agreement with the following companies for approximately 6,268 pipe repair clamps ranging in size from 2" to 30" in accordance with Bid Invitation No. BI- 0052-01 based on low bid and low bid meeting specifications for an estimated annual expenditure of $179,334.78. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. These items are purchased into Warehouse Inventory and charged out to the Water and Wastewater Departments. Powerseal Pipeline Products US Filter Distribution Group Hughes Supply Wichita Falls. Texas Corous Christi. Tex03 ~ Group I Group 2 Group 3 $123,676.83 $7,719.53 $47,938.42 Grand Total: $179,334.78 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." M2001-080 Motion authorizing the City Manager or his designee to execute Amendment No.2 with Gilbane Building Company in the amount of $281,000 for design phase project management services for the Multipurpose Arena Project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." M2001-081 Motion authorizing the City Manager or his designee to execute Amendment No. 2 with Chuck Anastos Associates, Inc. for an additional fee not to exceed $8,920 for a total restated fee of $23,870 for Youth Sports Complex Restrooms/Concession Improvements. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Regular Council Meeting February 20, 2001 Page 6 12.a. ORDINANCE NO. 024371 Ordinance appropriating $12,681.59 from the Distribution Mains Trust Fund No. 4030- 209020 to pay developer reimbursement request for the installation of 636 linear feet of a 6- inch PVC water distribution main to develop La Cantera Estates Unit 1. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12.b. M2001-082 Morion approving the reimbursement application submitted by Mission Lake Estates, Inc., owner and developer of La Cantera Estates Unit 1, for the installation of 636 linear feet of a 6-inch PVC water distribution main. The foregoing morion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.a. ORDINANCE NO. 024372 Ordinance appropriating $50,757.65 in the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay Shell Development Joint Venture's reimbursement request for the installation of 2,125 linear feet of an off-site 12-inch PVC sanitary sewer collection line to develop Barclay Grove Unit 6 Subdivision. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.b. 00M2O_0.2zO.~- Motion approving the reimbursement application of $50,757.65 submitted by Shell Development Joint Venture, developer of Barclay Grove Unit 6 Subdivision, for the installation of 2,125 linear feet of an off-site 12-inch PVC sanitary sewer collection line. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye." 14.a. M2001-084 Motion authorizing the City Manager or his designee to accept a grant in the amount of $104,411 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. Minutes - Regular Council Meeting February 20, 2001 Page 7 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 14.b. ORDINANCE NO. 024373 Ordinance appropriating $104,411 in the No. 1050 Federal/State Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 15.a. RESOLUTION NO. 024374 Resolution amending Resolution No. 024314 authorizing the submission of a grant application for Victims of Crime Act (VOCA) to the State of Texas, Criminal Justice Division to increase the City cash match to $13,695 and the total grant application to $68,476. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 15.b. RESOLUTION NO. 024375 16. 17. Resolution amending Resolution No. 024315 authorizing the submission of a grant application for Violence Against Women Act (VAWA) to the State of Texas, Criminal Justice Division to increase the City cash match to $18,309 and the total grant application to $73,235. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ORDINANCE NO. 024376 Ordinance governing city elections in 2001, including appointment and compensation of election officials, voting systems, ballot boxes and central counting station. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." WITHDRAWN OrdSr. zr. cz a~T~cr.d[ng Ordlnancz No. 02~347 ,~f t~,z Ci~' of CoCu, C~Mst~ c, rdzr:;.g a general Minutes - Regular Council Meeting February 20, 2001 Page 8 18. ORDINANCE NO. 024377 Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Article VIII. Schedules, Section 53-257 (Parking Meter Zones Established) by adding a new subsection (L) for parking meter zone 12 on both sides of Water Street (between Belden Street and Power Street) and on the southside of Belden Street (between Chaparral Street and Water Street) with a parking meter rate of $.25 per hour. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 19. Case No. 0101-02. Shaw's Development Joint Venture: A change of zoning from an "R-lB" One-family Dwelling District to an "R-lC" One-family Dwelling District on 57.295 acres out of Lots 1, 2, 3, 6, 7, 8, 9, 10, and 11 of the Artemus Roberts Subdivision, located on the west side of Rand Morgan Road, approximately 1,400 feet south of Leopard Street. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R-IC" One-family Dwelling District. No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close the public hearing, seconded by Mrs. Longoria, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024378 Amending the Zoning Ordinance upon application by Shaw's Development Joint Venture by changing the zoning map in reference to 57.294 acres out of Lots 1, 2, 3, 6, 7, 8, 9, 10 and 11 of the Artemus Roberts Subdivision, from "R-lB" One-family Dwelling District to "R- lC" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Regular Council Meeting February 20, 2001 Page 9 20. ~ Mayor Neal opened discussion on Item 2 I, street sweeping services. Ms. Valerie Gray, Stormwater Superintendent, said that at the Council's request, staff developed specifications and issued bid invitations for an enhanced level of street sweeping to include quarterly street sweeping of residential areas. She said bids were received from two companies (Coastal Sweeping Service and Bentex Sweeping Inc.). The base bid included sweeping all of the areas previously swept, and Coastal submitted the lowest bid meeting specifications: $149,511 for one year and $299,022 for two years (this is a two-year contract). Ms. Gray said the bid also included two additive alternates. The first was for quarterly residential street sweeping. She explained that Bentex had the lowest bid for the base bid plus the first additive alternate at a cost of $509,128 for one year and $932,859 for two years. The second additive alternate included the cost of the contractor notifying neighbors via door hangers 48 hours prior to a residential area being swept. She said that for the base bid plus additive alternates one and two, Bentex had the lowest bid ($592,286 for one year and $1,099,174 for two years). Ms. Gray then outlined the following five options: award the base bid and reject the bids for residential street sweeping; award the base bid and additive alternate one and request an appropriation of $209,128; award the base bid and both additive alternates and request an appropriation of $292,285; reject all the bids and rebid the contract based on a change to the frequency of residential street sweeping; award the base bid and rebid the residential street sweeping. She noted that this year's budget for street sweeping services is $300,000. Responding to Council members, Mr. Garcia said staff is not recommending residential street sweeping because the cost exceeds the amount in the budget. Ms. Gray said door-to-door notification is not necessary for the regular street sweeping because it occurs mostly along arterials where parking is not allowed. She said staff had estimated that the $300,000 would include the regular sweeping contract as well as residential sweeping, but the base bid and additive alternate came in over the original estimate. Mr. Garcia said residential street sweeping is beneficial in breaking up dirt and vegetation in streets, which is a primary factor in the deterioration of curbs and pavement. Minutes - Regular Council Meeting Febmary 20, 2001 Page 10 Ms. Gray added that street sweeping is a "best management practice" for stormwater quality, i.e., material left in gutters is carried into the city's stormwater system and ultimately dumped into the bays and estuaries. Following a brief discussion, Council Member Kinnison made a motion to accept Option 1 to award the base bid and reject the bids for residential street sweeping, seconded by Council Member John Longoria. There were no comments from the audience. Ms. Gray said the difference between Option 1 and Option 5 is that Option 5 recommends rebidding the residential street sweeping at a different frequency. Council Member Gonzales said he did not want to totally eliminate the idea of residential street sweeping and he asked if the Council would be willing to substitute Option 5 for Option 1. Mr. Kinnison said he did not agree with rebidding the residential street sweeping, but he agreed that it should be considered during the next budget process. Consequently, he agreed to amend his motion to include that direction to staff. The motion passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 21. M2001-085 Motion approving a supply agreement with Coastal Sweeping Services, Corpus Christi, Texas, for Street Sweeping Services in accordance with Bid Invitation No. BI-0049-01, based on low bid for an estimated two-year expenditure of $299,022. The service will be administered by the Storm Water Department. Funds have been budgeted by the Storm Water Department in FY00-01. The foregoing motion passed, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kiunison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 22, landfill tipping fees. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, explained that currently the ordinance establishes one tipping fee with no provisions to enter into contracts to guarantee tonnage into the city's landfill. However, a competing landfill near Robstown called E1 Centro is offering some of the commercial disposal haulers reduced tipping fees if they will enter into a contract with them. He said the city does not have the capability of entering into such contracts. City Manager Garcia added that solid waste is aveW dynamic industry and the city cannot compete if it does not have the flexibility of entering into long-term agreements at variable rates. Mr. Massey said staff is still discussing other solid waste issues with industry representatives, but they brought this issue forward because the city is losing money at the landfill every day. Responding to Council Member John Longoria, Mr. Lawrence Mikolajczyk, Interim Director of Solid Waste Services, said this proposal gives the city the ability to give a contractor a price to dispose of their garbage at the landfill. For example, the City of Robstown's contract will be bid in Minutes - Regular Council Meeting February 20, 2001 Page 11 the near future, and that city has 400 tons of waste per month that has never been taken to Corpus Christi's landfill. Mr. Gareia said this is a free market and staff's proposal allows Corpus Christi to offer a lower price for its product, and if businesses are locked into long-term contracts, they cannot take advantage of that lower price. In reply to several other questions from Mr. Longoria, Mr. Mikolajczyk said the three largest haulers in Corpus Christi are BFI, Frontier, and C.C. Disposal. He said Frontier is now taking their waste to E1 Centro and another company called Absolute has teamed up with El Centro and is coming into the city and undercutting the market. Mr. Garcia said since August 1, 2000 the landfill has lost $735,000 and if something is not done soon, that loss could be doubled by the end of the fiscal year in July. Mayor Neal asked why the city does not just lower the tipping fees at the landfill gate. Mr. Garcia said staff's assessment is that since the market is constantly changing, it is hard to predict what prices the other landfills will offer. He said Corpus Christi is handicapped by its current pricing mechanism and it needs flexibility in pricing. The Mayor said rather than establishing contracts, the city needs to determine what it takes to operate the landfill and set competitive rates based on that information. Council Member Kinnison said the city's current and yet-to-be-opened landfills are important assets for the city and they need to be protected. He said he is concerned about the position that the taxpayers are being put in. Council Member Colmenero said it is important for staff to meet with industry representatives to address this issue. Council Member Scott said he is in favor of giving the City Manager the tools he needs to make competitive decisions. Mayor Neal called for public comment. Mr. Larry Woods, of Sixteen Services, said the price should be the same for both large haulers and small haulers. He said there have been two meetings between city staff and industry representatives which he said were not productive. He said it appears there have been "backdoor" meetings between staffand one of the largest haulers in the city. He added that he was not notified until today that this item was on the agenda. Responding to Mr. Scott, Mr. Woods said his company has been hauling its loads to E1 Centro for about six weeks. Mr. John Bell, a local attorney, said he is representing C.C. Disposal, which has been owned by the Diaz family for more than 60 years. He said the owners have continued to bring 85% to 90% of their garbage flow to the Elliott Landfill because they believe in the community. He also stated that his clients learned of this agenda item this morning; consequently, they do not have a counter proposal to make. He said this plan represents a historic change in city regulatory policy that is as far-reaching as the proposal staff made last summer, which was tabled. He questioned whether the city is favoring one or two large commercial haulers over the small haulers. He said his clients would like to find ways to bring in new business and industry to Corpus Christi. Council Member Gonzales said he would not support a proposal that hurts small businesses. He said they need to establish a level playing field, such as through offering one tipping fee rather than a two-tiered approach. He also encouraged staff to work with the industry representatives. Mr. Minutes - Regular Council Meeting February 20, 2001 Page 12 Kinnison said the competitive market includes such things as volume discounts. Mr. Bell replied that while the city needs to be competitive in the business world, it is also a governmental entity which can make or break commercial haulers. Mr. Garcia said the city is not proposing a franchise fee and they are not proposing that the city become the exclusive commercial waste hauler, although many cities in the counlxy do exemise those options. He said the city's objective is to maintain a competitive price structure in a very competitive environment. Responding to Mr. Scott, Mr. Garcia said that in this industry, individual haulers can make specific contracts for rates with a wide variety of variables, which he explained. A discussion ensued about flat rates and flow control. Mr. John Torrey, of Captain Hook Dumpsters, said he is one of the small haulers in Corpus Christi. He said E1 Centro has offered his company the same rate as BFI. He said city staff overestimated the anticipated revenue for this fiscal year because of a storm event that occurred last year. In addition, he said a study stated that they were suffering losses from E1 Centro fi.om June 1 st, but E1 Centro did not open until mid-July. His estimate of the city's losses is about $350,000 so far this year. Mr. Torrey said he is looking for a commitment from the Council that they will support small businesses and not offer advantages to the large haulers. In response to Mr. Scott, Mr. Torrey said his company takes their heavy loads to El Centro because they save money and the lighter loads are taken to the Elliott Landfill. Mayor Neal said the cost to residential customers will not be appreciably affected by what action the Council takes. He said the Council needs to give staff the authority to compete for commercial garbage hauled inside or outside the city limits and taken to the Elliott Landfill. However, what would be affected is the revenue stream into the General Fund budget. Mr. Mikolajczyk said there is enough allowance in the residential rate to cover the tipping fee up to almost $200,000. He said the department has reengineered and they can meet that obligation. Mr. Kinnison said he thought a consultant was going to prepare a full-cost accounting study to determine the actual solid waste costs. He questioned whether the city would benefit more fi.om the Mayor's suggestion that they set a competitive rate, or if they negotiate contracts and operate as a business. Additional discussion ensued. Mayor Neal made a motion to amend the ordinance prior to first reading authorizing the City Manager to set competitive tipping fees based on market competition for commercial rates at the city landfill. Mr. Garcia said every week the city is losing thousands of dollars at the landfill and this proposal was a quick way to begin to address that situation. He said staff is planning to come back to the Council with a comprehensive strategy and permanent solutions involving flow control. Mr. Longoria, Mr. Scott, and Mr. Kinnison said the Council needed to know the economic impact of the Mayor's proposal. Following additional discussion, Mr. Scott made a motion to table Item 22, seconded by Mr. Longoria. The motion to table failed to pass by the following vote: Kinnison, J. Longoria and Scott voting "Aye"; Neal, Colmenero, Garrett, Gonzales, and B. Longoria voting "No"; Cooper absent. Minutes - Regular Council Meeting February 20, 2001 Page 13 City Secretary Chapa restated Mayor Neal's motion as follows: motion to amend the ordinance prior to first reading authorizing the City Manager to set competitive tipping fees based on market competition for commemial rates at the city landfill. Mr. Chapa polled the Council and the motion to amend passed by the following vote: Neal, Colmenero, Garrett, Gonzales, and B. Longoria voting "Aye"; Kinnison, J. Longoria, and Scott voting "No"; Cooper absent. Mr. Chapa then polled the Council for their votes on Item 22 as amended: 22. FIRST READING ORDINANCE Ordinance authorizing the City Manager to set competitive commercial tipping fees at the city's landfill based on market competition. The foregoing ordinance passed on first reading, as amended, by the following vote: Neal, Colmenero, Garrett, Gonzales, and B. Longoria voting "Aye"; Kinnison, J. Longoria, and Scott voting "No"; Cooper absent. Mayor Neal called for a brief recess. Mayor Neal opened discussion on Item 23, proposed expansion of the Port Board. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. RESOLUTION NO. 024379 Resolution supporting legislation by Senator Carlos Tman expanding the governing body of the Port of Corpus Christi Authority. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mayor Neal opened discussion on Item 24, Del Mar College District. There were no comments from the audience. Responding to Council Member Kinnison, Mayor Neal said the president of Del Mar College asked him and the City Manager if the city would consider this proposal, which would assist Del Mar in their efforts to obtain additional federal or state funding. Council Member John Longoria said he thought a resolution (rather than a memorandum of understanding) would be more appropriate. Mr. Bray said since this constitutes a broad statement of principle, it can be accomplished by a resolution or by a memorandum of understanding. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting February 20, 2001 Page 14 24. ~ Motion approving a Memorandum of Understanding between the City of Corpus Christi and the Del Mar College District recognizing the close relationship that ties the potential for development of these two entities, their commitment to a shared citizenship, and their common tax base. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. Mayor Neal opened discussion on Item 25, Convention and Visitors Bureau Board. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 25.a. O_.M2_Q_Q~- 7 Motion authorizing the City Manager or his designee to execute First Amendment to the Consulting Services Agreement between the City and the Corpus Christi Convention and Visitors Bureau to reallocate representation on the board of directors by reducing the air/ground transportation representatives from 2 to 1 and increasing the At-large representatives from 6 to 7. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mr. Chapa said he had received a letter from Mr. Joey Jarreau, Acting Director of the CVB, which requested that the Council further amend the consulting services agreement to add two ex- officio members appointed by the Port of Corpus Christi Authority. Responding to the Council, Mr. Jarreau said he would listen to the tape of the CVB meeting to clarify whether the board was requesting one ex-officio member from the Port or two members. Council Member Kinnison made a motion to move Mr. Bert Quintanilla from the Attractions category to the At-Large category; seconded by Council Member Colmenero. The motion passed unanimously (Cooper absent). Council Member Gonzales nominated Ms. Lillian Riojas of the Port of Corpus Christi for the vacated Attractions seat. Council Member Scott nominated Mr. Tom Schmid of the Texas State Aquarium for the Attractions seat. The Council cast their votes and Mr. Schmid was selected to fill the Attractions seat. Motion appointing Bert Quintanilla to represent an At-Large category and Tom Schmid to represent the Attractions category on the Corpus Christi Convention & Visitors Bureau Board. Minutes - Regular Council Meeting February 20, 2001 Page 15 The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mayor Neal opened discussion on Item 26, legal services. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 26. M2001-088 Motion authorizing the City Manager to employ Timothy L. Brown to provide legal services in connection with an application to be filed with the Texas Natural Resource Conservation Commission by the San Antonio Water System and others for permits in connection with recharge projects affecting the Nueces River Basin at $140 per hour plus expenses, including necessary expert consultants and witnesses, specifically including Robert J. Brandes at $135 hourly with other finn members and expenses at the firm's current rate schedule. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mayor Neal opened discussion on Item 27, contract ~vith Collier, Johnson & Woods (CJW). There were no comments from the audience. Council Member Betty Jean Longoria, Chairperson of the Administrative Analysis Committee, said staff felt that a rotation to a new finn would be appropriate since CJW was completing their sixth year of auditing the city. Mrs. Longoria said the Administrative Analysis Committee interviewed three firms and voted to recommend CJW. City Secretary Chapa polled the Council for their votes as follows: 27. M2001-089 Motion authorizing the City Manager or his designee to execute a contract with Collier, Johnson & Woods in the estimated amount of $105,250 to perform the financial and compliance audit requirement for fiscal year ending July 31,2001. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mayor Neal announced the executive sessions (Items 28-32), pursuant to Texas Government Code Section 551.071 regarding the following: 28. William Hemandez et al v. City of Corpus Christi, No. 96-5496-E, 148th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. Minutes - Regular Council Meeting February 20, 2001 Page 16 29. 30. 31. 32. Mayor 28. Juanita Sanchez et al v. City of Corpus Christi et al, No. 98-6450-D, 105th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session; Don Wade et al v. City of Corpus Christi, No. 99-5569-F, 214th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session; Carolina M. White v. City of Corpus Christi, No 99-60262-4, County Court-at-Law No. 4, Nueces County, Texas, with possible discussion and action related thereto in open session; Dan Arthur et al v. City of Corpus Christi, No. 00-4661-C, 94th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Neal made the following motions, seconded by Council Member Kiunison: Motion authorizing the City Manager to settle William Hernandez et al v. City of Corpus Christi, No. 96-5496-E, 148th District Court, Nueces County, Texas, in the amount of $170,000. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 29. ~ Motion authorizing the City Manager to settle Juanita Sanchez et al v. City of Corpus Christi et al, No. 98-6450-D, 105th District Court, Nueces County, Texas, in the amount of $95,000. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mayor Neal called for the City Manager's report. Mr. Garcia said the February 27th Council meeting will include the proposed renaming of the Nueces River Park for the LaBonte brothers. He said the joint meeting of the Council and the Crime Control Board is set for March 20th, and the rededication of Wesley Seale Dam will be held on April 3rd. The City Manager said staffhas begun preparing the FY2001-02 city budget, with a target date of May 22nd to bring it to the Council. Mayor Neal called for Council concerns and reports. Mr. Scott said he had received reports of criminal activities at Hans Suter Park, and he asked if the quarterly financial report can be given as a presentation to the Council and public. Mr. Longoria said he noticed a request for proposals for the 78415 Community Youth Development Committee, and he said he thought the grants would be limited to a certain amount. Mr. Tony Cisneros, Director of Park and Recreation, said the steering committee considered that and Minutes - Regular Council Meeting February 20, 2001 Page 17 their consensus was that they still wanted to work with the service providers and not cap the delivery of service. He said the City of Corpus Christi is the fiscal agent for that program. Mr. Longoria also asked about smoking being allowed inside Memorial Coliseum and the Bayfront Plaza Convention Center. Mr. Garcia said staff will correct that. Mr. Garrett asked for information about enforcement of the handicapped parking policy. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:45 p.m. on February 20, 2001. MINUTES CITY OF CORPUS CHRISTI, TEXAS Special Council Meeting February 21, 2001 7:00 p.m. Mayor Samuel L. Neal Jr. Mayor Pro Tern Betty Jean Longoria Council Members: Javier D. Colmenero Henry Garrett* Dr. Arnold Gonzales Rex A. Kiunison John Longoria Mark Scott City_ Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Annando Chapa Recording Secretary Rachelle P. Ram6n Melody Cooper Mayor Neal called the meeting to order in the Council Chambers of City Hall. 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. He noted that Council Members Garrett and Gonzales had filed disclosure affidavits and would be abstaining from discussing or voting on Item C. on the agenda. Mayor Neal called for comments from the audience. Mr. Chuck Spencer, 13845 Hawksnest Bay Dr., commented on the petitions that were signed in order to place the Packery Channel issue on the April 7th ballot. He said the group that organized the petition drive, Let Us Vote Corpus Christi, spent very. little money in their efforts. He added that some citizens felt trepidation about placing their names and addresses on the petition in fear of retaliation, and some local businesses feared a negative economic from supporting the effort. Mr. Bill Kopecky, 3609 Topeka, said this is the fn-st successful referendum in over 10 years, to which elected officials should pay heed. He said this shows that the City Charter works. Mrs. Betty Spencer, 13845 Hawksnest Bay Dr., said the petition organizers said from the beginning that this is not a matter of being for or against the Packer3, Channel project, but rather a matter of democracy. She urged people to work together for the betterment of the city. Mr. Jose Marroquin, 2433 Allencrest, said he is very pleased that the petition drive was successful because of accusations that were made against the petitioners. He said it is the people's right under the Constitution to petition their govermnent, and elected officials need to respect the voice of the people. Minutes - Special Council Meeting February 21, 2001 Page 2 Mr. J.E. O'Brien, 4130 Pompano, said the initiative and referendum procedure outlined in the City Charter is a method for the citizens to participate in their government. He said he believes that, contrary to the City Attorney's opinion, five votes of the City Council would be sufficient to place this issue on the ballot. Ms. Elizabeth Walker, 13969 Das Marinas, said she was very upset to learn about some of the things that people were told when they were asked to sign the petition. She said she disseminated information about the proposed tax increment financing district to the public, and she hopes the Council will continue to educate the public with the facts about the project. Ms. Gall Hoffman, 3442 Paradise Dr., said she was speaking on behalf of a newly formed organization called Corpus Christi Yes which sees the development of Packery Channel as a vision for the entire city, not just Padre Island. She said that placing this issue on the April 7th ballot will give their organization the opportunity to inform the citizens about the benefits of the project, including an increase in the number of jobs, in tourism and of the tax base. She added that it is in the developer's best interest to develop the land to its maximum potential. Mr. John Trice, 13706 Tajamar St., said he thought the petitions were built on misconceptions and fi:aud. He said there were several people who were not aware of what they were signing and the repercussions. He said the petitioners hired Flour Bluff High School students to gather signatures for $2 each. Mr. Abel Alonzo, 1701 Thames, said the majority of people who signed the petition are opposed to the Packery Channel project. He asked the Council to unite and to present the facts about the project. He said there are many people who are concerned about the future of Corpus Christi. He pointed out that Council Member Scott, who represents District 4 (which includes Padre Island), is unopposed in the upcoming City Council election. Mr. JeffFrohm, 13501 Royal Fifth Court, said he and his wife, who works in Houston, want to be able to raise their family in Corpus Christi. He said the Packery Channel project will offer more jobs and create more tourism, which is a clean, safe, productive industry. He said it will also increase the city's tax base. *Council Member Garrett arrived at 7:27 p.m. Mr. Lewis Lovelace, 1549 Casa Grande, described an incident in which he was asked to leave the Nueces County Courthouse by Commissioner Joe McComb as he was collecting signatures for the petition. Mr. Lovelace said Mr. McComb later called him back and told him he could return to the courthouse. He said if Packery Channel is developed, the necessary city services will be paid for by the taxpayers out of the General Fund. Mr. R.F. Hasker, 1813 Wallace, showed a copy of the petition, saying the language on the petition is very clear. Minutes - Special Council Meeting February 21, 2001 Page 3 County Commissioner Joe McComb said he became involved with the Packery Channel project because he believes in the future of Corpus Christi and the need to expand the tax base. He described some of the findings of the economic impact analysis that was prepared for the project, including the revenues the consultant believes will be generated. Mr. McComb said he does not own any property on Padre Island, but he is concerned about people leaving the community because of a lack of jobs and potential here. Mr. Paul Schexnailder, a developer, said that Gulf Shores Joint Venture is a joint venture of he and his deceased partner's company and the Day Group, whose developments he described. He said important aspects of the Packery Channel project include the following: protecting the seawall on Padre Island by renourishing the beach in front of it; maintaining rational development; and increasing jobs and tourism. Referring to a map and a diagram, Mr. Schexnailder said the planned development of Packery Channel is not high density. He said according to the consultant's study, the anticipated annual direct revenue from the project is $224 million, which is 1% of the state's tourism and which does not exceed the available market. He described other financial benefits of the project, and he said the developers do not see the downtown area as a competitor to their project but rather as a complement to it. He also discussed marketing plans, potential local investors, and environmental issues. Responding to Council members' questions, Mr. Schexnailder said they believe the project will create approximately 4,500 permanent jobs, from managers to support staff, as well as summer jobs for students. He added that he is pleased that the U.S. Army Corps of Engineers will be going through all of the designs and will proof and modify them as needed. Mayor Neal made a motion to amend Section 3 of Ordinance No. 024347 to insert the following ballot language: "Shall the City Council continue Ordinance No. 024270 which creates a taxing zone on part of Padre Island to pay, solely from the increased property values within the zone, for construction and maintenance of Packery Channel and related beach restoration, a park, beach access, restrooms, showers, walkways, parking, fishing, and related improvements? Yes or No?" Council Member Scott seconded the Mayor's motion to amend. City Secretary Chapa polled the Council for their votes and the motion passed as follows: Neal, Colmenero, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett and Gonzales abstaining; Cooper absent. Mr. Chapa then polled the Council on Item C. on the day's agenda as follows: C. ORDINANCE NO. 024380 Ordinance amending Ordinance No. 024347 of the City of Corpus Christi, ordering a General Election to be held on April 7, 2001 in the City of Corpus Christi for the election of Mayor and eight Council Members; ordering a Special Election on April 7, 2001 for the purpose of submitting to the voters a ballot measure pursuant to a referendum petition to repeal Minutes - Special Council Meeting February 21, 2001 Page 4 Ordinance No. 024270; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; enacting provisions incident and relating to the subject and purpose of this ordinance. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Neal, Colmenero, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett and Gonzales abstaining; Cooper absent. There being no further business to come before the Council, Mayor Neal adjourned the special Council meeting at 8:10 p.m. on February 21, 2001. 2 COMMITTEE FOR PERSONS WITH DISABILITIES - The committee shall consist of nine (9) members. The members shall be appointed to two-year staggered terms expiring on February 1. The terms of five of the initial members shall expire after two years and the remaining four m°ter one year. (The staggered terms of the initial members shall be determined by drawing lots) COMPOSITION The committee shall be composed of nine residents of the city who shall be appointed by the City Council to serve without compensation. Said members shall be appointed to two year staggered terms with the term of five such members expiring February 1 of odd numbered years and four of such terms expiring February 1 of even numbered years. The staggered terms of the initial members shall be determined by the draw of lots. The terms of five of the initial members shall expire after two years and the remaining four after one year. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committees area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval. The City of Corpus Christi's Director of Human Relations, Director of Park and Recreation and Building Official shall serve as ex-officio non-voting members on the committee. The chairperson of the Committee for Persons with Disabilities shall serve as an ex-officio voting member of the Human Relations Commission. INDIVIDUALS EXPRESSING INTEREST Sandra Cabazos Parent of a child with disabilities. Holds a dental assistant certificate and has taken classes in early childhood development. Community activities include serving as secretary for the Sub-district for Methodist Women at El Buen Pastor Church and participating with the leadership development through Accessible Communities, Inc. (2-20-01) Linda Falwell-Stover ADA Coordinator, Regional Transportation Authority. Activities include serving as Vice-Chair of the Nueces County Retardation Committee and Girl Scout leader. Currently serving on the Mayor's Committee for Persons with Disabilities. (1/25/01) Roberto M. Flores Teacher, CCISD. Master's degree in Education. Member of the American Federation of Teachers. (2-20-01) 02~20-01.WPD, page 1 Frances Garza Jon Stephen Harwood Janet K. Henry Crystal Lyons Charlie McMullen Toni Padilla Community Relations, Nueces Cotmty MHMR Center. B.A. from the University of Corpus Christi. Active with the Directors of Volunteers in Agencies (DOVIA) and a member of the International Who's Who in Professionals. Currently serving on · the Maygr's Committee for Persons with Disabil|t~6~. (1/30/OD Associate iff Arts, Del Mar College. B.S. in Education from Texas A&I University - Kingsville. Vice-Chairman of the R.T.A. Advisory Committee. 'Currently serving on the Mayor's Committee for Persons with Disabilities. (1/2 7/01) Psychotherapist. Holds a Master of Arts degree. Active with the Karen E. Henry Foundation and Housing for Persons with Disabilities. Past President of Brain Injuries Association of South Texas. Currently serving on the Mayor's Committee for Persons with Disabilities. (2/1/01) Full-time Community Volunteer. Current Chairperson of the Mayor's Committee on Persons with Disabilities. Regional Director of Leadership Texas Alumnae Association. Active with the Cub Scouts, Bayfest, Driscoll Children's Hospital, the League of Women Voters and Flour Bluff ISD. (4/21/98) Caretaker/advocate for nine-year-old twins with disabilities. Has a degree in Business Administration. Active with the CCC Leadership Project. (2-20-01) Program Specialist, C.C. Area Council for the Deaf. A.A.S., Interpreter for the Deaf, A.A. in Liberal Arts from Del Mar College. Currently working on B.A. in Sociology, Texas A&M-CC. Board member of Texas Society of Interpreters for the Deaf. Received award from the Coastal Bend Silent Club for dedicated service. Currently serving on the Mayor's Committee for Persons with Disabilities. (1/2S/01) 02-20-01.WPD, page 2 Mike Patterson B. Sugar Grande Rodriguez Helen Roland David D. Russell Eloy Soza Judy Telge Glenn Ray Torno 02-20-01.WPD, page 3 Assistant Director of Transportation, CCISD. Holds a B.S. in Criminal Justice and M.B.A. Established special needs transportation within CCISD in 1996. Currently serving on the Mayor's Committee for Persons with Disabilities.(l/2$/01) Self-employed - former Social Services Director and counselor. B.A. in Psychology, M.S. in Counseling and Guidance. Licensed Texas Social Work Associate. Has been recognized for volunteer service in Special Olympics, Texas Jazz Festival Society. Currently serving on the Mayor's Committee for Persons with Disabilities.(1/26/01) Salesperson, Double R. Medical. Attended University of Omaha. Received an award for her work on the Barbara Jordan Award held in Corpus Christi and for her work on the MS Society Walk. Currently serving on the Mayor's Committee for Persons with Disabilities. (2-05-01) Owner, Russell Medical - specializes in providing for disabled community. Associate's degree in Architectural Technology, Del Mar College. Has 12 years experience working with people with both short and long-term disabilities. (2-08-01) Disabled. B.S. in Biology; plans to enter graduate program in Chemical Engineering in Summer 200 I. Volunteers at Sunnybrook Nursing Home on a weekly basis. (2-17-01) Executive Director, Accessible Communities, Inc., specializing in case management for individuals with short and long term disabilities. Holds a Bachelor's degree in Education. Activities include: Trustee for Nueces County MHMR and President and Founder of Texas Riviera Association of Case Managers. Currently serving on the Mayor's Committee for Persons with Disabilities. (2/02/01) Principal with Bennett, Martin, Solka and Torno, Inc. Director of Corpus Christi Chapter of American Institute of Architects. Has long involvement in youth sport activities (Padre Soccer League). (2/15/01) 3 AGENDA MEMORANDUM RECOMMENDATION: ( A ) Motion to rescind the award to Burns International Security Services, Corpus Christi, Texas in the amount of $208,542.62 and all action regarding previous bids received under Bid Invitation No. BI-0033-01, by repealing motion M2000-432. ( B ) Motion approving a supply agreement with U.S. Security Associates, Inc., Corpus Christi, Texas for Uniformed Guard Security Services for City Hall, Central Library and the O.N. Stevens Water Treatment Plant in accordance with Bid Invitation No. BI-0033-01 based on low bid meeting specifications for an estimated annual expenditure of $226,781.10. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the using departments in FY00-01. BACKGROUND: Bid Invitation No. BI-0033-01 for Uniformed Guard Security Services for City Hall, Central Library and the O.N. Stevens Water Treatment Plant closed on October 18, 2000. Five bids were received and evaluated by the using departments. On December 12, 2000, a recommendation for award to Bums International Security (Bums) was submitted to Council based on the lowest bid meeting specification requirements. Council awarded the bid as recommended and Bums was informed of the award. During the interim, the City has attempted to finalize the agreement by requesting signatures on the service contract and submission of the required insurance certificate. Ongoing delays occurred due to Bums request to modify language contained in the service contract. After numerous discussions between the City and Bums, an agreement was reached to sign the contract. However, Burns then requested the City to waive specification requirements contained in the bid. When Bums was notified that the City would not waive any specification requirements, they refused to start service as planned and informed the City they would not fulfill their obligations. Although the targeted date of February 16, 2001 was scheduled with Bums, the contract was never finalized. Repealing the previous motion will allow the City to make a new recommendation. The current recommendation is to award to the next lowest bidder on the tier, US Security Associates, Inc. (US Security). US Security has serviced the City's account over the past three years and has agreed to honor all terms and conditions under their bid submitted under BI-0033-01. The using departments concur with the recommendation. Previous Contract: The option to extend the previous contract has been exercised, requiring the City to issue new bid invitations. Bid Invitations issued: Thirteen Bids Received: Five Funding: Facilities Management - City Hall Central Library Greenwood Branch Flour Buff Branch O. N. Stevens Filter Plant 530210-5110-40310 103,000 530000-1020-12800 47,000 530000-1020-12820 6,000 530000-1020-12840 16,000 530000-4010-31010 56~000 Total $228,000 Michael Barrera, c.tP. M. Procurement and General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO BID TABULATION BI -0033-01 Uniform Guard Security Service for City Hall, Central Library O.N. Stevens Water Treatment Plant Total $ 207,582.70 $ 206,542.62 $ 226,781.10 $ 227,981.00 $ 245,739.52 1.) Initial Security has taken Exception to Specification Nos. 315, 788 & 863, regarding liability for negligence, malpractice or theft 2.) Burns International Security Service has taken exception to Specification Nos. 315, 788 & 863, regarding security guard experience and employment requirements. Initial Security Corpus Christi, Texas Bums International Corpus Christi, Texas U.S. Security Associates Lubbock, Texas Eddie Garza Security Corpus Christi, Texas Asset Protection & Security Corpus Christi, Texas Unit Extended Unit I Extended Unit Extended Unit Extended Unit Extended Item Description Ory. Price Price Price Price Price Price Price Price Price I Price 111 (2) 1 Estimated hours of Security 10866 $ 8.65 $ 93,990.90 $ 8.69 $ 94,425.54 $ 9.45 $ 102,683.70 $ 9.50 $ 103,227.00 $ 10.24 $ 111,267.84 service required for 12 months for City Hall ( Specification No. 315 ) 2 Estimated hours of Security 7292 8.65 $ 63,075.80 8.69 63,367.48 9.45 68,909.40 9.50 69,274.00 $ 10.24 74,670.08 service required for 12 months for Central Library ( See Specification No. 788 ) 3 Estimated hours of Security 5840 8.65 $ 50,516.00 8.69 $ 50,749.60 9.45 $ 55,188.00 9.50 $ 55,480.00 10.24 $ 59,801.60 service required for 12 months for O. N. Stevens ( Specification No. 863 ) Total $ 207,582.70 $ 206,542.62 $ 226,781.10 $ 227,981.00 $ 245,739.52 1.) Initial Security has taken Exception to Specification Nos. 315, 788 & 863, regarding liability for negligence, malpractice or theft 2.) Burns International Security Service has taken exception to Specification Nos. 315, 788 & 863, regarding security guard experience and employment requirements. 4 AGENDA MEMORANDUM February 19, 2001 SUBJECT: Texas State Aquarium Sea Lab Renovations Project No. 4221 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Elite Construction Company in the amount of $164,500 for the Texas State Aquarium Sea Lab Renovations project. ISSUE: Repairs are required for the Texas State Aquarium Sea Lab building roof and exterior walls. FUNDING: Funds for this project are available in the Aquarium Capital Projects Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. ! ,~n,~'e~Escobar, P. E. Di1'ector of Engineering Services Additional SUDDOrt Material: Exhibit A. Background Information Exhibit B. Location Map Exhibit C. Project Budget Exhibit D, Bid Tab Summary H:\HOM E\KEVINS~G E N~AQUARI U M\S EALAB\^CONSTAW. M ADDITIONALBACKGROUNDINFORMATION SUBJECT: Texas State Aquarium - Sea Lab Renovations - 2000 (Project #4221 BACKGROUND INFORMATION: Repairs and rehabilitation of the State Aquarium ~s part of a capital improvement package funded through the Aquarium 1996 Bond Fund. These bonds were issued by the City on behalf of the Aquarium. On May 28, 1996 the City Council approved a Contract Management Agreement between the City of Corpus Christi and the Texas State Aquarium Association (TSAA) whereby the TSAA would manage improvements with the City providing oversight and guidance. The agreement was executed in conjunction with the City's issuance of $4,400,000 in Revenue Certificates of Obligation for the Phase 2 Design - Aquarium 2000 Concept Project. The Certificates of Obligation debt is being paid by the TSAA. This permits the Aquarium to gain tax exempt benefits but does not obligate the City for repayment of the bonds. These bond funds also paid for carpeting the Jellyfish and Estuary areas earlier in FY1998-99. PROJECT DESCRIPTION: The project consists of repairs of the Sea Lab Administration Building Roof, the High Bay Roof, High Bay Exterior Walls, and Low Bay Exterior Walls. The Aquarium had administratively contracted for preliminary design services associated with the project in the amount of $3,990.50. When it became clear the required services would exceed $15,000, the Aquarium Staff requested the City to approve an amendment to the architectural contract and to proceed with the bid and award of the project as required under the Management Agreement. PRIOR COUNCIL ACTION: Sept. 26, 2000 - Award of Amendment No. 1 in the amount of $14,989 for a revised contract amount of $18,979.50 to the contract for architectural services with Terry K. Orr, Architect, dba Architect TKO (M2000-347). BIDS: Bids were opened February 14, 2001. A total of nine bids were received ranging between $164,500 and $317,000. See Exhibit D. The Iow qualified bid was submitted by Elite Construction Company of Corpus Christi. FUNDING: Funding will be provided by the Aquarium Capital Projects Fund. The Aquarium Capital Projects Fund are Aquarium funds issued and managed by the City on behalf of the Texas State Aquarium. H:\HOME\KEV]NS\GEN~AQUARIUM\SEALAB\^CONSTAW.BKG EXHIBIT "A" J Page 1 of 1 File : \Mproject\councilexhibits\exh4221.dwg N CITY PROJECT No. 4221 VICINITY MAP WAVE TANK ENTRY ROAD TEXAS STATE AQUARIUM SEA LAB~ TEXAS STATE AQUARIUM SEA LAB 42J0 RINCON ROAD, C.C. TX. 78412 J N EXHZBT. T "B" TEXAS STATE AQUARIUM SEA LAB RENOVATIONS 2000 CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPAR~T OF ENGINEERING S~C~ PAGE: I of 1 ~: 09-20-2000 PRELIMINARY BUDGET TEXAS STATE AQUARIUM SEA LAB RENOVATIONS - PROJECT No. 4221 CORPUS CHRISTI, TEXAS FUNDS AVAILABLE: PRELIMINARY ACTUAL BUDGET BUDGET 203,600 Aquarium 1996 CIP Fund (CO) Fund No. 3072 Total I 203,600 FUNDS REQUIRED: Construction 164,500 Construction Contingencies (10%) 16,450 Design Consultant (Arch./Engineer) 14,989 Engineering Reimbursements (2.1% ) 3,500 Survey Reimbursements 0 Construction Inspection 1,000 Testing (Geotech & Quality Control) 600 Admin. Reimbursements Miscellaneous Expenses (Printing, Advertising, Express, etc.) 2,500 TotalI 203,539I Exhibit C r Page 1 of 1 I HCVLA I IUIV Uf olwJ DEPARTMENT OF ENGINEERING -CI I Y OF CORPUS CHRISTI, TEXAS ABULATED BY: Angel R. Esobar, P.E., Director of engineering Services DATE: Wednesday, February 14, 2001 TIME OF COMPLE TION. 120 Calendar Days ENGINEER'S ESTIMATE $150,000 Texas State Aquarium Elite Construction Co. Bay -Area Contracting 8 ' Barcom Commercial Sea Lab Renovation 5414 Pressler CC TX Construction, Inc. 3902 1710 S P I.D , Ste. B Coastal Contractors 915 Project No. 4221 78413 S Port C.C., TX 78415 C.C., Tx 78416 Grant C.C., TX 78411 UNII DESCRIPTION QTY. UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE - AMOUNI_ BASE BID: $159,20000 $156,83800 $15969900 $184,875 REMOBILIZATION LINE ITEM: $30000 $3,20000 $2.500 00 $1,000 00 (Per Section A- Special Provisions A-52 Demobilization/ remobilization) MISCELLANEOUS REPAIRS: $5,000.00 $5.000.00 $5,00000 $5.00000 (Mandatory Allowances) TOTAL BASE BID: $164,500.00 $165,03800 $167,199.00 $190.875 *-nor in addition - totals shown have been corrected. I TABULATION OF BIDS DEPARTMENT OF ENGINEERING -CITY OF CORPUS CHRISTI, TEXAS I J 1BULATED BY: Angel R. Esobar, P.E., Director of engineering Services DATE: Wednesday, February 14, 2001 TIME OF COMPLETION. 120 Calenom Days ENGINEER'SES7IMATE $150,000 I R.S. Black Civil Engineers & Contractors/Machinery& Materials, Inc. Camrell Corp. 10850 Richmond Ave Ste 225 Houston, TX 77042 SAL -CON, Inc. 1442 Cliff Maus C TX 78467 Mehne Construction, Inc. 4514 Essex Drive C.C. TX 78413 Texas State Aquarium Sea Lab Renovation UNIT DESCRIPTION OTY I UNIT PRICEJ AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT _ BASE BID: $192,20000 $216,286.00 $223,77600 $272,600 REMOBILIZATION LINE ITEM: $4,300.00 $2,000.00 $2,000.00 $2,000.00 (Per Section A- Special Provisions A-52 Demobilization/ remobilization) MISCELLANEOUS REPAIRS: $5,000.00 $5000.00 $5,000.00 $5,000.00 (Mandatory Allowances) TOTAL BASE BID: $201,500 00 $223,286.00 $230,776.00 $219,600 I TABULATION OF BIDS DEPARTMENT OF ENGINEERING -CITY OF CORPUS CHRISTI, TEXAS If, 14ULATED BY: Angel R. Esobar, P.E., Director of engineering Services DATE: Wednesday, February 14, 2001 TIME OF COMPLETION. 120 Calendar Days ENGINEER'S ESTIMATE $150,000 I ingineering nc Texas State Aquarium 410 S Enlerprizerprize Pkwy Sea Lab Renovation C C TX , 78405 DESCRIPTION QTY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT UNIT PRICE AMOUNT BASE BID: $307,000.00 REMOBILIZATION LINE ITEM: $5.000.00 (Per Section A- Special Provisions A-52 Demobilization/ remobilization) MISCELLANEOUS REPAIRS: $5,000.00 (Mandatory Allowances) TOTAL BASE BID: $317,000.00 I 5 AGENDA MEMORANDUM DATE: February 20, 2001 SUBJECT: Youth Outdoor Sports Facilities - Lighting Bond Issue Project No. B-4 AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $174,339 with Cowell & Associates, Inc. for Outdoor Sports Facilities - Lighting (Bond Issue Project B-4) ISSUE: This project was approved November 7, 2000 in the Bond Issue 2000 Package under Proposition No. 2 Park and Recreation and Museum Improvements. A contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. FUNDING: Advanced funding for the project will be provided by the FY 2000-2001 General Fund Reserves and will be reimbursed upon the receipt of proceeds from the 2001 G.O. Bond Sale. RECOMMENDATION: Staff recommends approval of the motion as presented. Director of Park & Recreation Director of Engineering Services Additional Su~)_oort Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Project Budget Exhibit "D" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Outdoor Sports Facilities- Lighting (Bond Issue Project # B-4) PRIOR COUNCIL ACTION: 1. November 14. 2000 - 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; adoption 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 (Ordinance No. 024269). PRIOR ADMINISTRATIVE ACTION: 1. October 18. 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. FUTURE COUNCIL ACTION: Approval of five (5) required construction contracts. PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2000. The November 7, 2000 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street Improvement projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. PROJECT DESCRIPTION: The proposed project consists of upgrades and improvements to the citywide youth sports complexes including primarily field lighting improvements. The existing facilities require major updating of lighting systems to meet the high demand for youth sports facilities on a year-round basis. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". FINAL PRODUCT: Design, Bid and Construction Services will result in the assessment of the current lighting systems of 5 parks and 53 fields and the development of a Master Plan for lighting each field. Applicable fields will receive upgraded lighting systems contingent upon funding availability and costs. H:~HOME\LYNDAS\G EN~PARKS\B-4~Agenda Items~Back§round.doc EXHIBIT "A" 1 Page 1 of 1 CONTRACT SUMMARY OUTDOOT SPORTS FACILITIES - LIGHTING 1. SCOPE OF PROJECT: Youth Outdoor Sports Facilities - Lighting Improvements H. P. Garcia Park (Project No. 3220) Price Park (Project No. 3221) South Guth Park (Project No. 3222) Waldron Park (Project No. 3223) Bill Witt Park (Project No. 3224) This project consists of upgrades/improvements to the City-wide youth sports complexes including primarily field lighting improvements. The existing facilities require major updating for support facilities that are needed to meet the high demand for youth sports facilities on a year-round basis. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit A and A-l, to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. SCHEDULE TABLE 1 WALDRON PARK PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday March 7, 2001 Begin Preliminary Phase Monday May 21, 2001 Begin Design Phase Friday September 14, 2001 60% Submittal Friday October 12, 2001 City Review (30 days/4 weeks) Friday November 9, 2001 90% Submittal EXHIBIT "B" 1 Page l of 5 Friday November 16, 2001 City Time Friday November 30, 2001 Final Submittal Monday (2) December 10, 2001 Advertise for Bids Wednesday December 26, 2001 Pre-Bid Conference Wednesday January 9, 2002 Receive Bids Monday January 21, 2002 Begin Construction Weekday April 15, 2002 Construction Completion TABLE2 BILL WITTPARK PROPOSED PROJECTSCHEDULE DAY DATE ACTIVITY Wednesday March 7, 2001 Begin Preliminary Phase Monday May 21,2001 Begin Design Phase Friday September 14, 2001 60% Submittal Friday October 12, 2001 City Review (30 days/4 weeks) Friday November 9, 2001 90% Submittal Friday November 16, 2001 City Time Friday November 30, 2001 Final Submittal Monday (2) January 7, 2002 Advertise for Bids Wednesday January 16, 2002 Pre-Bid Conference Wednesday January 23, 2002 Receive Bids Monday February 4, 2002 Begin Construction Weekday May 27, 2002 Construction Completion EXHIElIT "El" Page 2 of TABLE 3 SOUTH GUTH PARK PROPOSED PROJECTSCHEDULE DAY DATE ACTIVITY Wednesday March 7, 2001 Begin Preliminary Phase Monday May 21,2001 Begin Design Phase Friday September 14, 2001 60% Submittal Friday October 12, 2001 City Review (30 days/4 weeks) Friday November 9, 2001 90% Submittal Friday November 16, 2001 City Time Friday November 30, 2001 Final Submittal Monday (2) January 21, 2002 Advertise for Bids Wednesday January 30, 2002 Pre-Bid Conference Wednesday February 6, 2002 Receive Bids Monday February 18, 2002 Begin Construction Weekday June 10, 2002 Construction Completion TABLE 4 PRICE PARK PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday March 7, 2001 Begin Preliminary Phase Monday May 21, 2001 Begin Design Phase Friday September 14, 2001 60% Submittal Friday October 12, 2001 City Review (30 days/4 weeks) Friday November 9, 2001 90% Submittal Friday November 16, 2001 City Time Friday November 30, 2001 Final Submittal Monday (2) February 4, 2002 Advertise for Bids Wednesday February 13, 2002 Pre-Bid Conference Wednesday February 20, 2002 Receive Bids Monday May 4, 2002 Begin Construction Weekday June 24, 2002 Construction Completion IEXHIBIT "B" Page 3 of 5 TABLE 5 H.P. GARCIAPARK PROPOSED PROJECTSCHEDULE DAY DATE ACTIVITY Wednesday March 7, 2001 Begin Preliminary Phase Monday May 21,2001 Begin Design Phase Friday September 14, 2001 60% Submittal Friday October 12, 2001 City Review (30 days/4 weeks) Friday November 9, 2001 90% Submittal Friday November 16, 2001 City Time Friday November 30, 2001 Final Submittal Monday (2) February 18, 2002 Advertise for Bids Wednesday February 27, 2002 Pre-Bid Conference Wednesday March 6, 2002 Receive Bids Monday Mar 18, 2002 Begin Construction Weekday July 8, 2002 Construction Completion FEES Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. For services provided in Section I.A. 1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the A/E a not-to-exceed fee as per the table below: Page 4 of 5 C. Suiiii ~ of F~ Fee for Basic Se~ces V~dron Bill Price HP South Contract V'~tt Garda Guth Tofal Prelirdnary Phase 1,831 4,017 i 4,210 2,758 4,017 16,833 2 Design F'nase 10,071 24,901 24,373: 14,809 24,373 98,527 3 ~ Bid Phase 477 1,193 1,193 716 1,193 4,772 4 Construction Phase 2,082 6,084 5,644 3,562 5,644 23,016 Sul~otaJ Basic Se~ices Fees 14,461 36,195 35,420 21,845 35,227 143,146 Fee for Additional Services I P emll Infom u[ion - TNRCC 1,144 1,144 2,288 2 i Tol:x:x:jraphic Survey (AUH-K~I:~-n) 3,141 5,412 6,215 3,636 6,567 24,971 3 1 Environmental ~ 393 983 983 590 983 3,932 5 let. art-up Ser~ces SUb-Total Additional Services F,~--~ Authorized , 3,534 8,342 5,370 7,550 31,191 Total~Fee I $17,995! $42,59O $43,762 $27,215 $42,777 $174,339 EXHIBIT "B" 1 Page 5 of 5 B-4: OUTDOOR SPORTS FACILITIES (Lighting) SOUTH GUTH PARK (#3222) WALDRON PARK (#3223) BILL WITT PARK (#3224) H.P. GARClA PARK (#3220) PRICE PARK (#3221) PRELIMINARY PROJECT BUDGET February20,2001 ESTIMATED IPark2000 Bond Fund I $ 1,350,000'00 I Construction Cost (Estimate) $ 975,000.00 Construction Contingencies 97,500.00 Design Consultant 174,339.00 Engineering Reimbursements 30,375.00 Construction Inspection 25,786.00 Testing 15,000.00 Bond Issuance 13,500.00 Administrative Reimbursements 13,500.00 Incidental Expenses (Printing, Advertising, etc.) ................................... 5,000.00 Total ...................................................................................................... $ 1,350,000.00 Exhibit "C" ] FTle : \Mproject~BONDissue\proiectscouncilexh\B-4-oro~ecta.dw? NUECES BAY iH 37 CORPUS CHRIS~ BAY N H. P. GARCIA PARK Greenwood Softboll Complex --PRICE PARK GUTH PARK F.M. 43 CAYO N~ FM 2444 BILL WITI' PARK WALDRON PARK LOOATION MAP NOT TO SCALE PROJECTS 3220, 3221, 3222, 3223 & 3224 OUTDOOR SPORTS FACZLZTZES L ZGHTZNG ( Bond Issue Project B-# ) EXHT_BT_ T CT_TY COUNCZL EXHZBZT CITY' OF CORPUS CHRISTI, TEYV~ DEPARTI~ENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 02-20-2001 6 CITY COUNCIL AGENDA MEMORANDUM February23, 200t AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute a grant agreement, should it be offered, with the General Land Office in the amount of $201,750 for the Corpus Christi Bay Beach Nourishment Project; and B. Ordinance appropriating $201,750, upon receipt of grant approval from the General Land Office, in the No. 1050 State/Federal Grant Fund for the Corpus Christi Bay Beach Nourishment Project; and declaring an emergency. C. Appropriating $28,635.51 from the Unappropriated Fund Balance in the No. 3280 Park Fund for the Corpus Christi Bay Beach Nourishment Project; Amending Ordinance No. 024162 which adopted the FY2000-20021 Capital Improvement Budge by Adding $28,635.51 to No. 3280 Park Fund; and declaring an emergency. ISSUE: The City staff has requested an additional 75% grent from the General Land Office (GLO) in the amount of $201,750 for the beach project to permit the City to preceed with the Additive Alternates 3, 4 and 5 (the City share at 25% is $67,250). City staff anticipates the GLO making a decision within the next two weeks on whether funds are available which can be granted to the City. If the grent is offered, the award of the three altemates must be accomplished very quickly because the contractor is already proceeding with work on the beach. Unfortunately, the City Council does not meet again until March 13 which may be too late to effectively award the alternates to the contractor if GLO has offered the additional funding. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion and ordinances which will allow the City to be able to accept the requested grant and timely award the three additional alternates should GLO make the additional grant award. W. Thomas Utter Assistant City Manager Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Summary Exhibit "D" Location Map F:c'F--,~ngel R. Escobar, P.E. Director of Engineering Services BACKGROUNDINFORMATION PRIOR COUNCIL ACTION: September 19, 2000 - Ordinance accepting and appropriating $1,300,000 from the General Land Office for the Nourishment of Corpus Christi Beach and construction of appropriate erosion control structures (M2000- 340). December 13, 2000 - Authorization for the City Manager to execute a construction contract for the Nourishment of Corpus Christi Beach with Phoenix Demolition in an amount not to exceed $1,002,500 (M2000-461). Authorization for the City Manager to award Additive Alternates 1, 2, 3, 4, and 5 in an amount not to exceed $448,000 with the award subject to additional grant funding from the General Land Office and appropriation by Council (M2000-462). PRIOR ADMINISTRATIVE ACTION: None. FUTURE COUNCIL ACTION: None is anticipated. PROJECT DESCRIPTION: This project consists of importing beach quality sand to nourish Corpus Christ Beach. The imported sand will be suitable for placement and use as beach sand. The sand is to be placed and spread on the beach within the areas specified in construction plans. The project will also excavate existing beach sand from accreted areas at the northern portion of the beach, and transport the excavated sand to the eroded southern portion of the beach. The excavated sand will be incorporated with the imported sand beach fill to complete the beach nourishment project. BID INFORMATION: This project consists of one base bid and five additive alternates. Each alternate consists of adding an additional 10,000 CY of imported beach quality sand and to be delivered and put in- place on beach. Each 10,000 CY will provide an additional 10ft. berm width. Award of the additive alternates did not affect the priority for bid award. FUNDING: City staff has requested an additional 75% grant from the General Land Office for the project. The GLO is expected to take action on whether they can award the grant within the next week to 10 days. The odginal grant was adequate to permit the City to proceed with the Base Bid and Additive Alternates 1 and 2. City staff has asked for an additional grant of $201,750 provided matching funds in the amount of $67,250 are available. The amount will be sufficient to allow the City to complete Add[five Alternatives 3, 4 and 5. Matching funds are available in the No. 3280 Park CIP Fund. CONTRACT TERMS: The contract specifies that the project will be completed in 45 calendar days. Approval of the motion and ordinances will allow staff to direct the contractor to proceed upon receipt of the grant without risk of demobilization. RECOMMENDATION: Approval of the motion and ordinances as presented. Exhibit "A" Page I of 1 NOURISHMENT OF COPRUS CHRISTI BEACH PROJECT BUDGET PROJECT NUMBER: 3219 December 13, 2000 FUNDS AVAILABLE: FY 00-01 Federal/State Grant Fund Cost Paid by GLO under PCA1 for CC Beach Restoration #1024 Additional Funding (Subject to GLO award) Total Required: FUNDS REQUIRED: Construction Engineering Consultant (Shiner, Mosley & Associates) Contingency Reimbursements Misetlaneous Printing & Postage Total Required: AMOUNT $ 1,300,000 94,615 195,000 $ 1,589,615 AMOUNT $ 1,450,500 94,615 14,000 29,000 1,500 $ 1,589,615 Exhibit "B" Page 1 of 1 City Project No. 3219 for Department of Engineering - City of Corpus Christi, Texas Time of Completion: 45 Calendar Days (Base Bid) Bid Tabulation Nourishment of Corpus Christi Beach Bid Opening Date: December 6, 2000 Tibulated by Shiner, Moseley and Associates, Inc. Phoenix Demolition 1527 S. Richey Rd. Pasadena, TX 77505 GarretE IGpti�tr4 qii P O fioz 102 1ng1esj4e; TX 78362i ...0 yVi 1 A t' 0,19k 'rout} Cjuisi! �446 Description Qty. Units Unit Bid Total Bid , ! Total 11i4 °.Upjt B To "•j Aiq ! 1. Mobilization/Demobilization I LS 150,000 $150,000.00 $56,250.00 110,000 $110,000.00 2. Imported beach quality sand 75,000 CY 7.50 $562,500.00 r4,7511.00 $1,047,000.00 13.00 $975,000.00 3. Excavated beach sand 25,000 CY 10.00 $250,000.00. $53,750.00 5.30 $132,500.00 4. Topographic/hydrographic 1 LS 40,000 $40,000.00 4,711.00 45,100 $45,100.00 Total Base Bid: $1,002,500.00 51;161,711.00 - $1;262;60 .00 Al. Imported beach quality sand 10,000 CY 8.90 $89,000.00 14.26 $142,600.00 13.00 $130,000.00 A2. Additional topographic / Hydrographic surveying i LS 1,000 $1,000.00 1,180 $1,180.00 1,000 $1,000.00 Total Additive Alternate No. l $90,000.00 $1439;780.00 $131;000.00 Bl. Imported beach quality sand 10,000 CY 8.80 $88,000.00 14.26 $142,600.00 13.00 $130,000.00 B2. Additional topographic! Hydrographic surveying I LS 1,000 $1,000.00 1,180 $1,180.00 1,000 $1,000.00 Total Additive Alternate No. 2 $89,000.00 $1 3;780.00 $131,000:00 C1. Imported beach quality sand 10,000 CY 8.80 $88,000.00 14.26 $142,600.00 13.00 $130,000.00 C2. Additional topographic/ Hydrographic surveying 1 is 1,000 $1,000.00 1,180 $1,180.00 1,000 $1,000.00 Total Additive Alternate No. 3 $89,000.00 $143,780.00 $131,00 .OQ Dl. Imported beach quality sand 1 10,0001 CY 8.90 $89,000.00 14.26 $142,600.00 13.00 $130,000.00 D2. Additional topographic/ Hydrographic surveying I 1 LS 1,000 $1,000.00 1,180 $1,180.00 1,000 $1,000.00 Total Additive Alternate No. 4 $90,000.00 = $1431780.00 5131; 0 E1. Imported beach quality sand 10,000 CY 8.90 $89,000.00 14.26 $142,600.00 13.00 $130,000.00 E2. Additional topographic/ Hydrographic surveying 1 LS 1,000 $1,000.00 1,180 $1,180.00 1,000 $1,000.00 Total Additive Alternate No. 5 $909000.00 $143,780:00 1 1 $131,000:00 Pave I oft City Project No. 3219 Bid Tabulation for Department of Engineering - City of Corpus Christi, Texas Time of Completion: 45 Calendar Days (Base Bid) Nourishment of Corpus Christi Beach Bid Opening Date: December 6, 2000 Tabulated by Shiner, Moseley and Associates, Inc. Affolter Contracting Co., Inc 4629 FM 1765/P.O. Box 1436 LaMarque, TX 77568 Bttiy Coiitticiitig L.Pj,.�Btiy, Ltd. 14,14 Corn Products RoaJ/P.O. Box 9909 Corpus Cjtristi, TX 78469 Description Qty. Units Unit Bid Total Bid Unit Bid Total Bid' 1. Mobil ization/Demobilization 1 LS 60,000 $60,000.00 83,372 $83,372.00 2. Imported beach quality sand 75,000 CY 13.75 $1,031,250.00 17.00 $1,275,000.00 3. Excavated beach sand 25,000 CY 7.50 $187,500.00 6.00 $150,000.00 4. Topographic/hydrographic 1 LS 15,000 $15,000.00 78,000 $78,000.00 Total Base Bid: $1,293,750.00 $155869372.00 A1. Imported beach quality sand 10,000 CY 13.75 $137,500.00 17.75 $177,500.00 A2. Additional topographic / Hydrographic surveying 1 LS 3,500 $3,500.00 8,000 $8,000.00 Total Additive Alternate No. 1 $1419000.00 $185950O.Po B1.Imported beach quality sand 10,000 CY 13.75 $137,500.00 17.75 $177,500.00 B2. IAdditional topographic / Hydrographic surveying I LS 3,500 $3,500.00 8,000 $8,000.00 Total Additive Alternate No. 2 $141,000.00 $185;500: 0 Cl. Imported beach quality sand 10,000 CY 13.75 $137,500.00 17.75 $177,500.00 C2. Additional topographic / Hydrographic surveying 1 LS 3,500 $3,500.00 8,000 $8,000.00 Total Additive Alternate No. 3 $1419000.00 $18 ;500.00 D1. Imported beach quality sand 10,000 CY 13.75 $137,500.00 17.75 $177,500.00 D2. Additional topographic / Hydrographic surveying I LS 3,500 $3,500.00 8,000 $8,000.00 Total Additive Alternate No. 4 $1419000.00 85;5pQ:00 E1. Imported beach quality sand 10,000 CY 13.75 $137,500.00 17.75 $177,500.00 E2. Additional topographic / Hydrographic surveying 1 LS 3,500 $3,500.00 8,000 $8,000.00 Total Additive Alternate No. 5 $141,000.00 $185;500.00 Page 2 of 2 REPRI~'ENTATIVE DETAILS: PROPOSED I~(TEItSION OF NORTH TERMINAL GROIN 12"~' dO{) NO.: NOURISHMENT OF CORPUS CHRISTI BEACH ~ P~ No. ~219 ~oalo-) ~.'re ~ NOV. 2~. :moo SHEET 1 oi EXHIBFF "D" ORDINANCE APPROPRIATING $201,750 FROM TIlE GENERAL LAND OFFICE, UPON RECEIPT OF (;RANT APPROVAL, IN TllE NO. 1050 STATE/FEDERAL GRANT FUND FOR THE CORPUS CHRISTI BAY BEACH NOURISHMENT PROJECT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF Tile CITY OF CORPUS CIIRISTI, TEXAS: SECTION i. That $201,750 is appropriated from the General Land Office, upon receipt of grant approval, in lhe No. 1050 Stale/Federal Grant Fund for tile Corpus Christi Bay Beach Nourishment Project. 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 fi~r 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 .2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa. Cily Secrctary Samuel L. Neal..Ir.. Mayor LE(]AI~ I:ORM APPROVI-;D ~'L,, ':2 '~. 2OOl; .I \MES R. BRAY. JR.. CITY ATTORNEY Jam'eO. Bray, .Ir., Cil-&/Attorney ORDINANCE APPROPRIATING $28,635.51 FROM THE UNAPPROPRIATED FUND BALANCE IN THE NO. 3280 PARK FUND FOR THE CORPUS CHRISTI BAY BEACH NOURISHMENT PROJECT; AMENDING ORDINANCE NUMBER 024162 WHICH ADOPTED THE FY2000-01 CAPITAL IMPROVEMENT BUDGET BY ADDING $28,635.51 TO NO. 3280 PARK FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $28,635.51 is appropriated from the Unappropriated Fund Balance in the No. 3280 Park Fund for the Corpus Christi Bay Beach Nourishment Project. SECTION 2. That Ordinance Number 024162 which adopted the FY 2000-01 Capital Improvement Budget is amended by adding $28,635.51 to the No. 3280 Park Fund. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter role 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 ,2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr.,Mayor LEGAL FORM APPROVED O-~brw~'a~-r ~', 2001; JAMES R. BRAY, JR., CITY ATTORNEY 0 By: Lisa Aguila~. Assistant City Attorney 7 AGENDA MEMORANDUM DATE: February 20, 2001 SUBJECT: Rehabilitation of 24-inch Wastewater and Storm Water Mains- Change Order AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with Haas Anderson Construction in the amount of $172,902.50 for rehabilitation of approximately 1,190 linear feet of 24-inch wastewater and stormwater lines (Alameda, Santa Fe, and Weber Overlay Projects). ISSUE: 1. Approximately 900 linear feet of 24-inch vitrified clay wastewater main connecting the Santa Fe/Ocean Drive system to Oso WWTP is in a deteriorated condition that must be rehabilitated to prevent further failures. 2. Approximately 290 linear feet of 24-inch reinforced concrete storm water pipe was discovered to have separated joints which must be rehabilitated to prevent damage to private property. FUNDING: Funds ara available from the adopted FY2000-01 Budget of the Wastewater and Storm Water Departments. RECOMMENDATION: Foster Crowell Wastewater Superintendent Approval of the motion as presented. ~rie Gra~, _P. rm Water'Su ~nt Director of Engineering Services Attachments: Exhibit A - Additional Information Exhibit B - Location Map Exhibit C - Change Order Summary ADDITIONAL INFORMATION SUBJECT: South Alameda/Santa Fe/Weber Rehabilitation Projects - Change Order Rehabilitation of 24-inch Wastewater and Storm Water Mains BACKGROUND.' The Alameda, Santa Fe, and Weber Overlay projects include a significant amount of utility work including the rehabilitation of wastewater and storm water mains. Wastewater: A 24-inch vitrified clay wastewater main connecting the Santa Fe/Ocean Ddve system to Oso VVWTP failed January 29, 2001. The main provides service to all of the Ocean Drive wastewater system. The main blew out approximately 600 feet south of Del Oso Road on City owned property. The main was originally installed in 1941. Repairs were completed by the installation of a manhole to replace the damaged section of pipe. Inspection of the main revealed that action must be expedited to minimize the possibility of additional failures. The ability to successfully bypass this main during heavy rain events is doubtful. It would impossible to contain wastewater discharges in the event of a failure dudng heavy rains. Immediate action is needed to rehabilitate the main to avoid possible TNRCC violations. Storm Water: Inspection of a 24-inch reinforced concrete storm water pipe revealed that the joints had separated creating the possibility of erosion. The storm water main in question is located in utility easement in close proximity to a building. Failure to repair the pipe will result in damage to the surface improvements installed by the property owner and could result in damage to the building foundation. It is not possible to excavate the line due to the limited construction space available. Change Order: A change order was negotiated with the contractor to install a cured-in- place liner for the subject wastewater and storm water mains. This will permit the work to be accomplished in a timely manner and avoids delays due plan preparation, advertising, and bid evaluation. PRIOR COUNCIL ACTION: November 19. 1999 - Approval of engineering contract in the amount of $363,990 with RVE, Inc. for the South Alameda/Santa Fe/VVeber Road Rehabilitation projects. Jul_v 18. 2000 - Approval of Amendment No. 1 in the amount of $104,170 to the engineering contract with RVE, Inc. For sanitary sewer lines associated with the South Alameda/Santa Fe/VVeber Road Rehabilitation projects. August 22. 2000 - Approval of the FY2000-01 Capital Improvement Budget (Ord. No. 024162). September 12.2000 - Ordinance appropriating proceeds of the sale of Combination Tax and Revenue Certificates of Obligation to perform certain street improvements approved in the Capital Improvement Plan (Ord. No. 024211). H:\HOM E\KEVINS\G EN\STRE ETS\OVE RLAY~^CO2.BKG EXHIBIT "A" J Page 1 of 2 October 17. 2000 - Motion awarding a construction in the amount of $4,429,603.95 to Haas-Anderson Construction, Inc. for the South Alameda/Santa FeNVeber Road Rehabilitation projects (M2000-372). October 24. 2000 - Motion awarding a testing agreement in the amount of $50,600 to Fugro South, Inc. for the South Alameda/Santa Fe/VVeber Road Rehabilitation projects (M2000-384). PRIOR ADMINISTRATIVE ACTIONS: January 18, 2001 - Approval of Change Order No. 1 in the amount of $93.51 for change in materials and quantities. FUTURE COUNCIL ACTIONS: Additional change orders are anticipated and will be presented for Council consideration as required. A change order that will be funded by RTA will provide enhanced bus stop and ADA improvements is presently being finalized. EXHIBIT "A" J Page 2 of 2 ^ H:~.HOM E~KEVINS\GEN\STREETS\OVE RLAY't CO2 BKG \ Mproject \ councilexhibits \ 60 71chord2.dwg N CORPUS CHRIST BAY 24" STORM WATER MAIN between Cape May Drive and Cape Aron Drive 24" WASTEWATER MAIN between Del Oso Road and The 05o Water Reclamation Plant DEL OSO CIP PROJECT No. 6071 LOCATION I;IAP NOT TO SCALE 24" Rehabilitation of Wastewater and Storm Water Mains Change Order No. £ Ci~ of Co~us Christi, ~xas EXHIBIT "B" CITY COUNCIL EXHIBIT DEPAR~E~ OF ~GINEERING SERWC~ PAGE: I of 3 ~: 02-22-2001 \ Mproject ~ coun cilexhibits \ 6071 chord2, dwq ~LAMEDA ST. OSO GOLF COURSE M.H. "B" LOCATION ~P CIP PROJECT NO. 6071 NOT TO SCALE 24" Rehabilitation of Wastewater and Storm Water Mains Change Order No. 2 Ci~ of Co~us Chdsti, ~xas N CAYO DEL OSO EXHIBIT "B" CITY COUNCIL EXHIBIT OEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 3 DATE: 02-22-2001 \ Mproject \ councilexhibits \ 6071 ch ord2. dwg N CAPE ROMAIN SOUTH CZP PROJECT No. 6071 ALAMEDA LOCATION MAP NOT TO SCALE Rehabilitation of 24' Wastewater and Storm Eater Mains Change Order No. 2 Ci~ of Co~us Christi, ~xos KENTNER ST. MONCLAIR SCHOOL APPROX. 290 L.F. OF I 24" RCP SLIPLINING I EXHIBIT "B" CZTYCOUNCZL EXHZBIT ~ DEPAI~rME~ OF ~GINEERING SERVIC~ PAGE: 3 of 3 DA~: 02-22-2001 ~ DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET February 20, 2001 PROJECT: S. ALAMEDA, SANTA FE, AND WEBER RAHABILITATION PROJECT NO. 6071 APPROVED: City Council on 10/17/00 - Motion No. M2000-372 CONTRACTOR: Haas-Anderson Construction P.O. Box 7692 Corpus Christi, TX 78467 TOTAL CONTRACT AMOUNT ..... 25% Limit Amount .............. Change Order No. 1 (1/8/2001) .......... Change Order No. 2 (2/27/01) ........... Total ............................ $4,429,603.95 1,107,400.99 93.51 172,902.50 172,996.01 = 3.90% < 25% Exhibit C r Page 1 of 1 8 CITY COUNCIL AGENDA MEMORANDUM Date: February 27, 2001 AGENDA ITEM: Ordinance authorizing the city manager, or designee, to execute a five-year concession services lease with Pdnce Catedng at both the Oso Beach Municipal Golf Course and the Gabe Lozano Sr. Golf Center in consideration of pdnce catedng paying 17% of monthly gross sales or $2,500 per month, whichever is greater, at each facility; providing for publication. ISSUE: The previous five-year lease with Pan Amedcan Golf Corporation for Gabe Lozano Sr. Golf Center expired on September 26, 2000. Pan Amedcan also had a five-year lease for the concessions at the O~o Beach Municipal Golf Course which was to expire January 25, 2003. On November 20, 2000, Pan Amedcan gave notice of their intent to terminate the lease by giving 60 days notice per the conditions of the contract. The concessions will be vacated by Pan American as of March 1, 2001. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. BOARD/COMMITTEE REVIEW: The Municipal Greens Committee will be informed about the details of the RFP at its regular February 28, 2000 meeting. This contract is considered of a routine nature and not requiring cemmittee review. RECOMMENDATION: The staff recommends that the five-year lease with Prince Catering for the golf course concession operations at Gabe Lozano Sr. Golf Center and Oso Beach Municipal Golf Course be approved. ~Mar"C'o A. Cisneros, D Director of Park & Recreation ADDITIONAL SUPPORT MATERIAL Background Information x Lease Summary x Ordinance x AGENDA MEMORANDUM BACKGROUND INFORMATION BACKGROUND: The Gabe Lozano Sr. Golf Center is located at 4401 Old Brownsville Rd. It has an 18-hole regulation course, a 9-hole executive course, a lighted ddving range and a clubhouse with a pro-shop and a snack bar. The Oso Beach Municipal Golf Course is located at 5601 S. Alameda and has an 18-hole regulation golf course and a clubhouse with a pre-shop and a snack bar. The gross revenues of the snack bars for a recent 12-month pedod are as follows: Gabe Lozano - $171,581.00, and Oso Beach - $127,336.00. Four proposals were received for the RFP. Pdnce Catedng received the highest number of points in total compared to the other proposers. Pdnce Catedng was established in 1996 by Melvin Davis. In 1997, a large kitchen was constructed at 5055 Ambassador with a large prep area, a walk-in cooler, and a walk-in freezer. Prince currently has contracts with Nueces County Employee' s Cafeteria, the City of Corpus Christi Employee' s Cafeteria, the Caller-Times Snack Bar, and vadous other catedng ventures and events. Pdnce has over twenty-five portable carts for catering and many coolers and equipment. The proposal also listed several merchandising ideas and menu additions that showed considerable knowledge of the market and golfer tastes. The proposed prices of Prince's menu reflected market sensitivity in most areas, as well AGENDA MEMORANDUM LEASE SUMMARY Prince Catedng will be granted the exclusive dght to sell food, ddnks (including beer), and other snack items at the Gabe Lozano Sr. Golf Center and the Oso Beach Municipal Golf Course. In consideration for these concession dghts, Prince Catering will pay the City the greater of seventeen (17%) percent of monthly gross sales or $2,500.00. The City shall provide all chairs and tables in the concession area, an area occupying approximately 1,900 square feet of floor space. In addition the City will provide a 10 x 10 walk-in cooler and a large storage area in the Gabe Lozano basement. The City will also provide a Vent-a-hood at both snack bar kitchen areas. In consideration of the rental payment, the City shall provide electrical service (for lights, refrigerators, and stoves), water and wastewater service, and dumpster pickup. All necessary attendants will be employees of the lessee. The lessee shall provide and maintain all equipment and supplies necessary for the concession operation. All vending equipment shall be the property of the lessee. Lessee shall maintain Commercial Liability Insurance and Host Liquor Liability endorsement to the Commercial General Liability coverage. Insurance requirements are set at a minimum of $1,000,000 Combined Single Limit. The lessee shall keep accurate, complete and auditabie records in a form satisfactory to the City. The City shall have the right to audit all books and records. Any further retention of records as required by federal, state, or local agencies shall be the responsibility of the lessee. The lessee shall not discriminate on the grounds of race, sex, creed, disability, or national odgin. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE-YEAR CONCESSION SERVICES LEASE WITH PRINCE CATERING AT BOTH THE OSO BEACH MUNICIPAL GOLF COURSE AND THE GABE LOZANO SR. GOLF CENTER IN CONSIDERATION OF PRINCE CATERING PAYING 17% OF MONTHLY GROSS SALES OR $2,500 PER MONTH, WHICHEVER IS GREATER, AT EACH FACILITY; PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or designee, is authorized to execute a five-year concession services lease with Prince Catering at both the Oso Beach Municipal Golf Course and the Gabe Lozano Sr. Golf Center in consideration of Prince Catering paying 17% of monthly Gross Sales or $2,500 per month, whichever is greater, at each facility. 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. Bmord01002 9 CITY COUNCIL AGENDA MEMORANDUM Date: February 27, 2001 AGENDA ITEM: Ordinance authorizing the City Manager or his designee, to execute a five-year lease with Gulf Coast Gem and Mineral Society for the use of the building and facilities at 3933 Timon. The society will offer to its members a meeting place where club related business may be conducted. The society will also cover the costs of publishing the contract award. ISSUE: The previous one-year use permit expired on May 31, 1999 and the society has asked to continue operations in the facility under the same terms. The society is in good standing with the Park & Recreation Department. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. BOARD/COMMITTEE REVlL=W: At the August 9, 2000, Park & Recreation Advisory Board meeting, the committee unanimously recommended approval of the lease. RECOMMENDATION: The staff recommends that the five-year lease with the Gulf Coast Gem and Mineral Society for the use of the building and facilities at 3933 Timon to provide lapidary classes and programs be approved. ~ Director ~f ~:rk & Recreation ADDITIONAL SUPPORT MATERIAL Background Information x Lease Summary x Ordinance/Resolution x AGENDA MEMORANDUM BACKGROUND INFORMATION BACKGROUND: The society has used the property since1997. It holds meetings thero and offers lapidary classes and workshops to the general public and to the Park & Recreation Department Senior Community Services Centers. The Gulf Coast Gem and Mineral Society (GCGMS) is a non-profit organization whose purpose is to promote interest in the geological sciences and the lapidary arts. The GCGMS has also offered eight weekly classes with the City's summer youth program. The society has held an annual fund-roiser at the Bayfrent Plaza Convention Center in February. AGENDA MEMORANDUM LEASE SUMMARY 1. The Gulf Coast Gem and Mineral Society leases a portion of the building and facilities at 3933 Timon. 2. The term of the lease is five years. 3. Lessee will provide the public lapidary classes and lapidary workshops to promote interest from the general public and from Park & Recreation Senior Centers. 4. Revenue generated from the classes and workshops are collected by the City and split 65% to the Lessee and 35% to the City. 5, Lessee agrees to allow the City to use the facility to support its summer aquatics program on Corpus Christi Beach. 6. Lessee agrees to maintain, at the Association's expense during the term of the Agreement, a commercial general liability insurance policy. 7, Lessee agrees to pay the City $45 per month to be used to offset the society's electrical usage. 8. Either party may cancel this lease without cause if the party canceling has given the other party 45 days prior wdtten notice. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE-YEAR LEASE AGREEMENT WITH THE GULF COAST GEM AND MINERAL SOCIETY ("LESSEE") AT THE KIWANIS RECREATION CENTER IN CONSIDERATION OF LESSEE PROVIDING LAPIDARY CLASSES AND WORKSHOP PROGRAMS ("PROGRAMS") TO THE PUBLIC AND PAYMENT TO THE CITY OF THIRTY FIVE PERCENT OF ALL REVENUES GENERATED FROM THESE PROGRAMS; PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or designee, is authorized to execute a five-year lease agreement with the Gulf Coast Gem and Mineral Society ("Lessee") at the Kiwanis Recreation Center in consideration of Lessee providing lapidary classes and workshop programs ("Programs") to the public and payment to the City of thirty five percent of all revenues generated from these Programs. 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. Bmord01002 10 CITY COUNCIL AGENDA MEMORANDUM Date: February 27, 2001 AGENDA ITEM: Ordinance authorizing the City Manager, or designee, to execute a ten-year lease with Oso Pony Baseball League for the use of a portion of South Guth Park in consideration of Oso Pony Baseball League maintaining the premises and improvements and operating a baseball program; providing for publication. ISSUE: The previous five-year lease expired on August 28, 2000 and the League has asked for a new lease for ten years under the same terms. The league is in good standing with the Park & Recreation Department. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. BOARD/COMMITTEE REVIEW: At the August 9, 2000, Park & Recreation Advisory Board meeting, the committee recommended approval of the lease. RECOMMENDATION: The staff recommends that the ten-year lease with Oso Pony Baseball League for the use of South Guth Park to provide youth baseball programs be approved. Dirco A. Cisneros, ector of Park & Recreation ADDITIONAL SUPPORT MATERIAL. Background Information x Lease Summary x Ordinance/Resolution x Map(s) x AGENDA MEMORANDUM BACKGROUND INFORMATION BACKGROUND: The South Guth Park is located at the comer of Nile Drive and Ennis Joslin Road. The park is solely used for athletic fields that are either City operated or leased by the City to various youth sports organizations. Council has approved the lease for Oso Pony Baseball League since September 5, 1979 at South Guth Park. The previous lease was approved by the City Council on June 27, 1995 and expired on August 28, 2000. The League has been operating on a month to month lease agreement with the same terms and conditions as in the previous lease agreement. Oso Pony Baseball League operates baseball programs on the premises for youth 5 to 14 years of age. In 1994, the Oso Pony Baseball League provided regular season games for over 875 players. Since then, the League has increased participation to 1,300 players. The Oso Pony Baseball League is requesting a ten-year lease renewal for the use of a portion of South Guth Park for the operation of youth baseball programs. AGENDA MEMORANDUM LEASE SUMMARY The contract is for a ten-year lease between the City and the Oso Pony Baseball League for the use of a 15.411 acre property at the intersection of Nile Drive and Ennis Joslin Road in South Guth Park. The league has used the property since1979. This league sponsors baseball activities for youth of all ages from five years old to sixteen years old. Lessee agrees to maintain the property in a clean and sanitary condition on a year-round basis. Maintenance shall include litter pickup, mowing of premises, and keeping the fences, concession area, restrooms, and parking areas in a good state of repair. Grass shall not exceed 6' in height. Lessee shall have exclusive control of the property dudng its use for youth baseball programs. However, the general public may use the fields, when the league is not using them. Lessee will pay for all utilities. Lessee shall maintain general liability insurance and indemnify the City from any liability, damage, loss, and claims. Either party may terminate the agreement with six months notice to the other. Lessee shall not discriminate on the grounds of race, sex, creed, disability, or national odgin. Consideration for the lease is the maintenance of the facility and premises as well as the providing of youth sports programs to the community. LEASE AREA AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A TEN-YEAR LEASE WITH OSO PONY BASEBALL LEAGUE FOR THE USE OF A PORTION OF SOUTH GUTH PARK IN CONSIDERATION OF OSO PONY BASEBALL LEAGUE MAINTAINING THE PREMISES AND IMPROVEMENTS AND OPERATING A BASEBALL PROGRAM; PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute a ten-year lease with Oso Pony Baseball League for the use of a portion of South Guth Park in consideration of Oso Pony Baseball League maintaining the premises and improvements and operating a 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. Bmord01.004 11 CITY COUNCIL AGENDA MEMORANDUM February 23, 2001 AGENDA ITEM: Resolution strongly supporting House Bill 1449, relating to expiration of the Property Redevelopment and Tax Abatement Act. ISSUE AND BACKGROUND: Tax abatement in the State of Texas is authorized under Chapter 312 of the State Tax Code. Tax abatement is simply a permissive economic development tool available to cities, counties and other political jurisdictions to aid those jurisdictions in developing a full range of economic development incentives to induce either local businesses to expand or additional new businesses to locate within the community. The City of Corpus Christi has made limited use of tax abatement in comparison to many of the other large cities across the State of Texas, as the City has found industrial district agreements to be our principal economic development incentive. Tax abatement, however, has proven to be extremely important in some cases within the City of Corpus Christi. This has proven to be especially true with the inducement to locate in Corpus Christi for telecommunications firms such as First Data, Sitel, and APAC. These three firms have generated approximately 3,000 jobs locally. The tax abatement statute, unless continued, will expire on September 1, 2001. If Texas local governments are deprived of this major economic development tool, the entire State will be placed in a position of severe competitive disadvantage with virtually all other competing states. CONCLUSION AND RECOMMENDATION: Even though the City of Corpus Christi has not utilized tax abatement to the extent of some other cities, in those cases where it has been used such as the telecommunications industry, it has proven to be not only a powerful, but an absolutely necessary economic development tool. We believe that the loss of this economic development tool would have very serious long-term effects on the City and State. We urge City Council approval of a resolution strongly endorsing HB 1449 and commending Chairman Oliveira for the introduction of the bill. W. Thomas Utter Assistant City Manager RESOLUTION STRONGLY SUPPORTING HOUSE BILL 1449, RELATING TO EXPIRATION OF THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT WItEREAS, tax abatement under Chapter 312, Texas Tax Code, is a an extremely vital economic development tool which has significantly benefitted Corpus Christi and the Coastal Bend region; and WHEREAS, thousands of new jobs have been created and millions of dollars of new construction have resulted from the economic inducement of tax abatement in Corpus Christi and the Coastal Bend region; and WHEREAS, local communities and the State in general would be put in a position of severe competitive disadvantage with ail competing states if tax abatement was lost in Texas; and WHEREAS, the authority to utilize tax abatement under Chapter 312 must be continued for the continued well-being and competitiveness of the State; and WHEREAS, House Bill No. 1449, introduced by Chairman Oliveira in the 77th Texas Legislature, would continue tax abatement under Chapter 312. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City of Corpus Ctu:isti strongly supports passage of House Bill 1449. SECTION 2. The City Manager is directed to convey the City's strong support of House Bill 1449 to the Texas Legislature and other interested state and local officials. ATTEST: Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED THIS THE 7~ '~DAY OF ~,'~,--,,-~ ~ 2001: J~____~s ~Br~r~r., City Attorney 12 CITY COUNCIL AGENDA MEMORANDUM DATE: February 27, 2001 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 21-41, prior to first reading, authorizing the City Manager to set competitive tipping fees based on market competition for commercial rates at the J.C. Elliott Landfill. ISSUE: To preserve the City's revenue stream in the changing business environment in the region, the proposed ordinance change is necessary. BACKGROUND: Changing conditions in the regional solid waste disposal market necessitate amending the Solid Waste Ordinance. PRIOR COUNCIL ACTION: On February 20, 2001, the City Council approved the first reading of an Ordinance to amend Ordinance prior to its first reading authorizing the City Manager to set competitive tipping fees based on market competition for commercial rates at the J.C. Elliott Landfill. RECOMMENDATION: Staff recommends the approval of the second reading of the Ordinance as presented. Interim Director Solid Waste Services AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SET COMPETITIVE COMMERCIAL TIPPING FEES AT THE CITY'S LANDFILL BASED ON MARKET COMPETITION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to adjust the commercial tipping fee at the City's landfill, established in Section 21-41(e)(2)(A) of the Code of Ordinances, based on market competition. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R13313Bl.wpd 13 CITY COUNCIL AGENDA MEMORANDUM February 19, 2001 AGENDA ITEM: Motion authorizing the renaming of the Nueces River Park, the Terry and Bobby Labonte Park and the waiving of the 60 day waiting period as prescribed by the park naming policy. ISSUE: At a special called meeting on February 15, 2001, the Park and Recreation Advisory Committee received a request from the Special Recognition Committee for the renaming of the Nueces River Park to the Terry and Bobby Labonte Park. REQUIRED COUNCIL ACTION: Naming a park requires City Council approval. As per the park naming policy, the City Council shall consider any proposed park naming request and either approve or reject the request. The Council, at its option, can waive all of the policy's provisions for the park naming request. BOARD/COMMITTEE REVIEW: At a special called meeting of the Park and Recreation Advisory Committee held on February 15, 2001, the Committee received a request from the Special Recognition Committee to rename the Nueces River Park the Terry and Bobby Labonte Park. The Park and Recreation Advisory Committee had an extensive discussion regarding the request. They made mention of the lengthy process that the City had undertaken in the past to establish a formal policy for the naming of parks and recreation facilities in Corpus Christi. They were very supportive of the effort and the need to recognize the accomplishments of the Labonte brothers and their ongoing promotion efforts of their hometown, Corpus Christi. They also stated that the Nueces River Park was already the site of the dedication monument for the Mary Rhodes Pipeline. The park naming policy further notes that" The City of Corpus Christi discourages proposals whereby the name of a park or park facility would be changed." The Committee discussed that the proposed park naming action should be directed at a site that would be of greater honor and recognition to the Labonte brothers than simply the Nueces River Park. They felt that a site in the area of Shoreline Blvd. would serve as a greater honor since that part of the City seems to be more of a tourist and visitor drawing card for Corpus Christi. They specifically mentioned the people that the Selena Memorial draws to the Shoreline Blvd. area and felt that a Labonte brothers site could also function in the same capacity as additional Downtown attraction. Page 2 The Committee unanimously approved a three-part motion: 1. That the Nueces River Park name not be changed. 2. That the Special Recognition Committee consider another unnamed park facility to name the Terry and Bobby Labonte Park. 3. That the City Council consider authorizing the naming of the unnamed park area between the Memorial Coliseum and Sherrill Park (the Old City Hall site), the Terry and Bobby Labonte Park. PRIOR/FUTURE COUNCIL ACTION: The City Council has made mention numerous times in past City Council meetings that some recognition by the City of Terry and Bobby Labonte as Corpus Christi natives is in order due to their nationally acclaimed accomplishments in the field of NASCAR Racing. RECOMMENDATION: Staff does not have a recommendation as to which site the naming of the Terry and Bobby Labonte Park should be. Marco A. Cisneros, Director Park and Recreation Department ADDITIONAL SUPPORT MATERIAL Park naming application X Park naming policy X REQUEST FOR TI-IE NAMING OF PARKS AND FACILrrIES PARK AND RECREATION DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Type ofareaor facility (park, buildlng, pool, etc.)//yg_~.~' /~'V'~K Please describe why you feel this name to be appropriate: Nme md y p Request: Approved Date of Committee Action Date of Council Action Legal Notice - Newspaper Public Notice - Neighborhood FOR OFFICE USE ONLY: Rejected ~ .- /.,c/si Tabled Notice to Appropriate Council Member __ COUNCIL FOUCIES 16 due deliberation act in the best interest of all the citizens. Council Members and the Mayor shall be referred to by title and/or title with surname. k. X11 remarks shall be addressed to the Mayor and City Council and not to the Council Members as individuals. 1 Citizens are authorized and encouraged to present their views to the Council on agenda action items, or during the petitions part on non -agenda City -related matters. How- ever. such should be done is a factual, precise presentation and questions of Council or staff are inappropriate. Loud. boisterous, profane. or obscene language or behavior is not allowed. m. Persons in the immediate vicinity of the City Council while in session shall refrain from any disturbing noise, demon- stration, or other act disrupting to the City Council busi- ness. These rules are not meant to restrain a citizen's first amendment rights. (Res. No. 21901. ; 1, 3-22-94) 6. Naming of City parks and recreational facilities. A formai poiicv for naming of parks and recreation facilities in the City of Corpus Christi is hereby adopted, and the guidelines shall be as follows: A. Donations. Upon donation of at least 51 percent of the value of a park or park facility and upon recommendation of the Park and Recreation Advisory Committee, the City Council may name the park or park facility as the donating parry designates. B. Subdivision Dedication. Pari land received through dedi- cation under the Citys Platting Ordinance shall be named by the Park and Recreation Advisory Committee. No for- mal action needs to be taken by the City Counisl. C. .Name Change. The City of Corpus Christi discourages proposals whereby the name of a park or park facility would be changed. However, under extreme circumstances Supp. No 51 139 6 CORPUS CHRISTI CODE the Park and Recreation Advisory Committee will consider the request. The naming of an unnamed new park or park farad ity is preferred and is recommended. The following definitive steps shall be taken regarding a proposed name change. 1) Persons. groups, or organizations desiring the name change shall fill out a request for name change and submit the proposal to the staff of the Park and Recreation Department for review and consultation with the requesting entity. (2) ?lame change requests shall be submitted to the Park and Recreation Advisory Committee. No action may be taken by the Board for a minimum of 60 days after receipt of the proposal. (3) During the 60 -day waiting period. legal notice shall be published twice in a newspaper of general circulation giving notice of the proposed name change. (4) Written comments are to be submitted to the Park and' Recreation Advisory Committee and interested indi- viduals are invited to come before the Board to address the issue. 5) At the fust meeting atter the 60 -day waiting period. the Park and Recreation Advisory Committee will take one of the following actions: (a) Approve the request and refer the recommenda- tion to the City Council; (b) Reject the request; or (c) Table the request for future action or additional information. In the event the request is rejected by the Board. the requesting entity may appeal the reject to the City Council. (6) The Council shall consider the request and either approve or reject the request. The Council. at its option. can waive all provisions herein provided in commemorating or memorializing an individual or act. If approved, the Park and Recreation Department Sapp. No. 51 140 COUNCIL POLICIES 4 9 shall arrange suitable renaming ceremonies. Costs associated with renaming ceremonies and the provi- sions of markers, plaques, or memorials shall be borne by the entity proposing the name change. D. Special Considerations. In choosing names after individu- als. consideration may be given to persons living or dead. Special consideration shall be given to the conttibuuons the person has made to the City, State, or Country. A, facility or park may not be named after an individual currently in public otiice or serving as an employee of a local governmental jurisdiction. A one-year waiting period after termination from public office or municipal emplov- ment is considered adequate. Names related to religious denominations will generally not be favorably considered unless the rules of donation apply. Input from neighbor- hood organizations in the immediate vicinity of the park or facility will be sought in the case of a name change request. (Res. No. 21901, § 1. 3-22-94) 7. Naming of streets. The City Council hereby establishes a policy of declining to change the names of strata in the City of Corpus Chriaa except under unusual. extenuating circumstances. (Res. No. 21901, 1 1, 3-22-94) S. Naming of City facilities. Final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City i3oards, Commissions. Committees, or other advisory bodies. (Res. No. 21901, § 1, 3-22-94) 9. Community Development Block Grant Program. Through the Community Development Block Grant Program, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decant housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention Supp. No. 51 141 14 NO ATTACHMENT FOR THIS ITEM 15 CITY COUNCIL AGENDA MEMORANDUM Date: February 23, 2001 AGENDA ITEM: Update on the process of negotiations on Rincon Bayou Project. ISSUE: At the last update to the Council on January 30, Staff presented to Council the core elements of a proposal based on consensus of the NEAC Working Group that would allow the City to reduce pass-throughs under the Agreed Order in return for the City undertaking projects to enhance the Nueces estuary. A summary o£that proposal is page 1 of the attachment hereto. At that meeting the Council authorized staff to continue the process toward finalizing an amendment to the Agreed Order consistent with the proposal, and authorized the hiring of engineering and legal consultants to assist the process. Since that time the Working Group has continued to meet and work on the details. A working draft, starting at page 2 of the attachment, sets out the proposal in greater detail. A project timetable can be found at page 12 of the attachment. The full Nueces Estuary Advisory Committee will meet to discuss the proposal on March 6. We are aiming for final Council approval at your March 13 meeting, and presentation to the TNRCC at its April 4 meeting. RECOMMENDATION: Continuation of the process as outlined. Ron Massey, Assistant City Man~_.~er Jimrn~Bray, ([ity Attome0p 1JRB4501.006 ELEMENTS OF REVISED AGREED ORDER 1. City will restore the Rincon Overflow Channel; and will evaluate and, if possible, implement, improved hydrology measures. Steps: a) easements/land; b) permits; c) construction. 2. City will design, permit, and construct a delivery system to transport 2-3,000 acre-feet/month of water from Calallen Pool directly to the Upper Rincon Bayou area. (The amount actually transported will not exceed actual pass-throughs required in a particular month.) 3. City will design, fund, and implement a long-term monitoring plan. 4. City will automatically implement these specific demand reduction measures; A. When Choke Canyon/Lake Corpus Christi Reservoir System reaches 50% of capacity, City will initiate enhanced water conservation communications to the public. B. When System reaches 40% of capacity, outdoor watering will be prohibited between 10AM and 6PM. C. When System reaches 30% of capacity, lawn watering will be reduced to once a week, or every 5 days (in addition to the 10-6 restriction). 5. City will automatically receive the following relief from the pass-through requirement: A. Pass-throughs limited to 1,200 acre-feet/month from 40-30% of capacity. B. Pass-throughs eliminated at 30% of capacity. 1JRB4501.002 i Jimmy Bray- RNCNWORKWPD p~g~ A PROPOSAL FOR IMPLEMENTING THE "RINCON BAYOU DIVERSIONS" AND AMENDING THE 1995 AGREED ORDER ON FRESHWATER INFLOWS TO THE NUECES ESTUARY Submitted to the Nueces Estuary Advisory Council By: The City of Corpus Christi and the Nueces River Authority With the Concurrence of The Rincon Projects Working Group of the Nueces Estuary Advisory Council SUMMARY The City of Corpus Christi (City) and the Nueces River Authority (NRA) propose to implement the "Rincon Bayou Diversions" to enhance the exchange of water from the Nueces River into the Upper Rincon Bayou in order to improve the ecological productivity of the Nueces Delta/Nueces Estuary system. In consideration for committing to the attached "Implementation Plan and Timetable" for constructing, operating and maintaining these diversion facilities as permanent projects, the City and NRA also propose to amend the 1995 Agreed Order on Freshwater Inflows to the Nueces Estuary (1995 Agreed Order) to immediately modify the level of drought management measures required to be implemented in order to obtain the reductions in monthly inflow targets now available under the 1995 Agreed Order when reservoir storage levels fall below 40 percent and 30 percent of reservoir system capacity, respectively. PROCESS FOR IMPLEMENTING THE RINCON BAYOU DIVERSIONS AND AMENDING THE 1995 AGREED ORDER The Texas Natural Resouce Conservation Commission (TNRCC) is the state agency that regulates water rights in Texas, and therefore administers provisions of Certificate of Adjudication No. 21-3214 (Certificate), jointly held by the City and NRA, which authorizes the impoundment and diversion of waters of the state from the Frio River at Choke Canyon Reservoir. Beginning in 1990, TNRCC and its predecessor agencies have issued a seried of orders governing the operations of the Choke Canyon/Lake Corpus Christi Reservoir System (Reservoir System) with respect to freshwater inflows to the Nueces Estuary as required under Special Condition 5.B. of the Certificate. In 1992, TNRCC, by effect of the "interim Agreed Order" on freshwater inflows to the Nueces Estuary, the established the Nueces Estuary Advisory Council (NEAC) as the designated body of stakeholders charged with reviewing proposed changes to the Jimmy Bray - RNCNWORK.WPD - Page freshwater inflow operating plan for the Nueces Estuary. Later amendments to the 1992 Agreed Order (the "1995 Agreed Order") continued to authorize NEAC to review any proposed changes to the new "pass-through" operating plan for freshwater inflows. At a NEAC meeting on January 17, 2001, the City of Corpus Christi and the Nueces River Authority presented an initial proposal for the Rincon Bayou Diversion improvements and associated amendments to the 1995 Agreed Order. NEAC members agreed to establish a working group, or steering committee, of principal stakeholders to oversee the development of a detailed implementation plan for this proposed project. This working group, facilitated by the TNRCC, includes representatives of the following entities or organizations: City of Corpus Christi; Nueces River Authority; Coastal Bend Bays and Estuaries Program (CBBEP); Coastal Bend Bays Foundation (CBBF); Sierra Club; Center for Coastal Studies, TAMU-CC; Environmental Defense; Port Industries of Corpus Christi; Texas Parks and Wildlife Department. The working group met several times over the past month to consider the City/NRA proposal for the Rincon Bayou Diversions and amendments to the 1995 Agreed Order. After considerable deliberation, the groupd reached consensus on an implementation plan for the Rincon Diversions and the proposed amendment to the 1995 Agreed Order. The following proposal and work plan is being submitted with the concurrence of the working group. It defines the measures of relief from the pass-through requirements that would be available and how this relief would be contingent upon implementation of certain discrete elements of Condition I of the City of Corpus Christi Water Conservation and Drought Management Plan and timely implementation of specific elements of the Rincon Bayou Diversion project. This proposal is being presented to NEAC for consideration and approval at their next scheduled meeting on March 6, 2001. The City of Corpus Christi and the Nueces River Authority will, in the meantime, file with TNRCC a motion to amend the 1995 Agreed Order pursuant to the terms of what NEAC approves and recommends. The motion to amend the 1995 Agreed Order would be scheduled for consideration by the Commissioners of the TNRCC at their April 4, 2001 meeting. BACKGROUND Certificate of Adjudication No. 21-3214 authorizes the City of Corpus Christi and the Nueces River Authority to impound waters of the Frio River in Choke Canyon Reservoir, and to divert and use up to 139,000 acre-feet per year of water for municipal and industrial water supply purposes. Choke Canyon Reservoir is also authorized to be operated in conjunction with Lake Corpus Christi, located downstream on the Nueces River, to produce a combined system yield of 252,000 acre-feet per year. During permitting, the construction of Choke Canyon Reservoir and its operation in conjunction with Lake Corpus Christi, there were concerns regarding the protection of freshwater inflows to the Nueces Estuary, including reductions in the amount of Jimmy Bray - RNCNW~ORK.WPD Page freshwater flooding occurring in the upper Nueces Delta. A provision for minimum freshwater inflow amounts to the Nueces Estuary was addressed in Special Condition 5.B. of Certificate of Adjudication No. 21-3214. This provision was implemented by a series of freshwater inflow operating orders issued by the TN RCC beginning in 1990. The matter of delivering desirable and useful quantities of freshwater inflows into the Nueces Delta continues to be studied. Numerous studies (Bureau of Reclamation 1975, U.S. Fish and Wildlife Service 1980, Texas Department of Water Resources 1981, Espey, Huston and Associates 1981, U.S. Fish and Wildlife Service 1984, HDR, etal. 1991, HDR etal. 1993) have suggested that a superior alternative to sending freshwater inflows to Nueces Bay is to deliver additional quantities of freshwater into the Nueces Delta either by breaching the banks of the Nueces River at some point(s) below Calallen Saltwater Barrier Dam and/or by diverting wastewater effluent via pipelines. The potential benefits of freshwater diversions to the Nueces Delta are: Restoration of more "natural" salinity gradients in the upper Nueces Delta, where, historically, periodic flooding events had flushed out salts concentrated in the soils and the water column during Iow flow conditions; Restoration of typical delta/estuarine ecological functions, which had been lost largely to the hypersaline conditions and lack of nutrient inputs, both of which limit primary productivity and cause loss of habitat; and Restoration of hydrologic functions which transport nutrients and detritus into and out of the wetlands within the delta complex, making these materials available to various trophic levels within both the delta and the targer estuarine ecosystem. By the early 1990's, efforts to test the feasibility of these diversion projects were implemented. Eventually, two separate diversion demonstration projects evolved: The City of Corpus Christi authorized and implemented the Allison Wastewater Diversion Demonstration Project, which re-routes approximately two million gallons per day (2 MGD) of treated effluent from its historical discharge location in the Nueces River tidal segment to a new discharge point adjacent to "South Lake," a tidal pond in the Nueces Delta. Construction on the project was completed in 1997 and wastewater discharges were initiated in 1998. Project monitoring began prior to construction and has continued through the first two years of operation. Initial data indicate positive benefits and the City continues to operate and support the project. The U.S. Bureau of Reclamation (BuRec) authorized and constructed the Rincon Bayou Demonstration Project, designed to evaluate the feasibility of increasing water exchange between the Nueces River tidal segment and the Upper Rincon Bayou. This demonstration project involved excavating both a "Nueces Overflow Channel" at a point just downstream of the 1-37 bridge, where the upper Rincon Jimmy. Bray - RNCNWORK.WPD. -- Page Bayou had historically connected to the Nueces River, and a "Rincon Overflow Channel" connecting the upper Rincon Bayou with an area of tidal flats in the northern portion of the Nueces Delta. Baseline monitoring for the project began in October 1994. Excavation of the overflow channels was completed in October 1995. Monitoring continued through December 1999, and the demonstration project terminated with the backfilling of the Nueces Overflow Channel in September 2000. The Concluding Report for the Rincon Bayou Demonstration Project documents the effects of the project on the hydrography and ecology of Rincon Bayou and the upper Nueces Delta. In terms of hydrography (or hydrology), the breaching of the river bank at the upper end of the Rincon Bayou increased "the opportunity for larger, more frequent diversions of fresh water" (Bureau of Reclamation 2000). The report noted that there were three types of resulting diversion events: positive flow events -- infrequent, large volume flows from the Nueces River into Rincon Bayou; tidal flat inundation events -- very large positive flow events resulting in flow through the Rincon Overflow Channel and general inundation of the tidal fiats areas of the upper delta; and exchange events -- more frequent, smaller flows that resulted from daily differences in water level elevations between Rincon Bayou and Nueces Bay or Nueces River. In the relatively short duration of the demonstration project, these diversion events helped to restore a more natural salinity regime in the Rincon Bayou portion of the Nueces Delta. As a result of the various diversion events, "(A) significant degree of ecological function was returned to the Nueces Delta and Nueces Estuary ecosystems" (Bureau of Reclamation 2000). The Concluding Report documents positive responses in terms of: an increase in the primary productivity in the water column (phytoplankton) and on the surface of the sediments (microphytobenthos); an increase in the number and size of benthic organisms, as well as an increase in the number of benthic species; and an increase in the amount of plant cover and a corresponding decrease in the amount of bare areas in the emergent wetlands areas. The report recommends that the demonstration project features be incorporated into a permanent diversion project and that changes in the current operating plan for freshwater inflows to the Nueces Estuary (1995 Agreed Order) be designed to better facilitate the diversion of freshwater "pass-throughs" from the Choke Canyon/Lake Corpus Christi reservoir system through the project and into the upper Nueces Delta. With permanent diversion facilities in place, and continued monitoring, the Rincon Bayou Diversion Project could provide opportunities for "adaptive management" -- the process of monitoring and evaluating ecological responses to changes in freshwater inflows and incorporating this information into subsequent decisions on how to most effectively utilize the limited freshwater resources available to the estuarine environment. Jimmy Bray - RNCNWORK.WPD Page PROPOSAL TO IMPLEMENT THE "RINCON BAYOU DIVERSION PROJECTS" AND TO AMEND THE 1995 AGREED ORDER The water resource management goals of this proposal are to (1) provide better management of the limited freshwater resources of the Nueces River Basin for the benefit of the Nueces Estuary and (2) to supplement municipal and industrial water supplies for the Coastal Bend area by increasing the firm annual yield of the Choke Canyon/Lake Corpus Christi reservoir system. The specific environmental management goals of the proposed projects are to enhance the salinity conditions and ecological functions of the Nueces Delta by by providing increased freshwater inflows to the upper Nueces Delta, through both the Rincon Bayou Overflow Channel and a conveyance system to deliver water from the Calallen Pool directly into Upper Rincon Bayou. By this proposal, the City of Corpus Christi and the Nueces River Authority, joint holders of Certificate of Adjudication No. 21-3214 and parties to the 1995 Agreed Order, agree to: (1) acquire either easements or ownership of properties necessary to re-open the Nueces River Overflow Channel and make the Nueces River Overflow Channel and the Rincon Bayou Overflow Channel permanent features of the Rincon Bayou Diversion; (2) construct and operate a conveyance facility to deliver up to 3,000 acre-feet per month of required Reservoir System "pass-throughs" directly from the Calallen Pool into the Upper Rincon Bayou; and (3) implement an ongoing monitoring program designed to facilitate an "adaptive management" program for freshwater inflows into the Nueces Estuary. In recognition of the environmental enhancements to the Nueces Estuary that would accure from these projects being proposed by the City of Corpus Christi and the Nueces River Authority, the Nueces Estuary Advisory Council agrees to support amendments to the 1995 Agreed Order that would increase the reservoir system yield and provide greater flexibility in the implementation of the City of Corpus Christi's Drought Management Plan. The proposed amendments to the 1995 Agreed Order would provide that: (1) When the combined storage in the Choke Canyon/Lake Corpus Christi reservoir system (Reservoir System Storage) falls below 50% of the total system storage capacity, the City of Corpus Christi shall issue public notice advising and informing the water users in the region of potential drought conditions, as well as outlining voluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40 percent and/or 30 percent of total system storage capacity. (2) In any month when Reservoir System Storage is less than 40 percent, but equal to or greater than 30 percent of total system storage capacity, the City of Corpus Jimmy Bray - RNCNWORK.WPD Page Christi shall implement time of day outdoor watering restrictions and shall reduce targeted inflows to Nueces Bay to 1,200 acre-feet per month (1,200 acre-feet per month represents the quantity of water that is the median inflow into Lake Corpus Christi during the drought of record.). Time of day outdoor watering restrictions prohibit lawn watering between the hours of l0 am and 6 pm and are subject to additional conditions as described in the City of Corpus Christi's "Water Conservation and Drought Contingency Plan" ("Plan"). (3) In any month when Reservoir System Storage is less than 30 percent of total system storage capacity, the City of Corpus Christi shall implement a five-day lawn watering schedule in addition to time of day outdoor watering restrictions (see 2.b.(2)) and shall suspend the passage of inflow from the Reservoir System for targeted inflows to Nueces Bay. However, return flows directed into Nueces Bay and/or the Nueces Delta shall continue. The five-day lawn watering schedule shall allow customers to water lawns once every five days, subject to the time of day restrictions described in 2.b.(2) and any additional conditions as described in the City's Plan. (4) Certificate Holders' rights to obtain whole or partial suspension of the passage of inflow through the Reservoir System is contingent upon the City implementing, and requiring its wholesale customers to implement, water conservation and drought management measures at the diminished Reservoir System levels, as set forth in subparagraphs 2.b.(2) and 2.b.(3). Recognizing that the restoration of the Nueces River Overflow Channel and the construction of a system to convey water from the Calallen Pool to the Upper Rincon Bayou area are significant undertakings, the NEAC Working Group has developed an Implementation Plan and Timetable (see Attachment A) for the Rincon Bayou Diversions. Initial elements of this plan are already underway, including the preliminary engineering and property acquisition efforts. However, while proceeding at an accelerated pace, full completion of these two components of the Rincon Bayou Diversions involves a number of steps that will likely depend on decisions and actions by other entities besides the project sponsors -- i.e., issuance of permits for diversion of state water (TNRCC) and for construction in navigable waters (U.S. Army Corps of Engineers). The NEAC Working Group agrees, and requests that the full membership of NEAC recommend to TNRCC, that the proposed amendments to the 1995 Agreed Order be effective immediately upon approval by TNRCC and continue to be available to the City so long as the progress on the implementation of the required projects follows as outlined in the timetable below. If in the event that unforseeable circumstances would prevent the City from meeting the final deadlines in this timetable, the NEAC Working Group would review the options for completing the projects and recommend additional amendments to the Agreed Order to address the situation at that time. During the intervening time, however, the freshwater inflow operating rules would revert to the conditions of the 1995 Agreed Order. Jimmy Bray - RNCNWORKWPD- PageJ LITERATURE CITED Bureau of Reclamation, "Environmental Impact Statement for Choke Canyon Reservoir," December 1975. Bureau of Reclamation, "Concluding Report: Rincon Bayou Demonstration Project. Volume I: Executive Summary," United States Department of the interior, Bureau of Reclamation, Oklahoma-Texas Area Office, Austin, Texas. 2000. Espey, Huston and Associates, "Enhancement Potential Determination for the Nueces RivedDeltaic Marsh System Study," 1981. HDR, et al., "Nueces Estuary Regional Wastewater Planning Study, Phase 1 ," City of Corpus Christi, et al., November 1991. HDR, et al., "Nueces Estuary Regional Wastewater Planning Study, Phase 2," City of Corpus Christi, et al., March 1993. Texas Department of Water Resources, "Nueces and Mission-Aransas Estuaries: A Study of the Influence of Freshwater Inflows," January 1981. U.S. Fish and Wildlife Service, "Phase 4 Report - Studies of freshwater Needs of Fish and Wildlife Resources in Nueces-Corpus Christi Bay Area, Texas," August 1980. U.S. Fish and Wildlife Service, "Supplemental Fish and Wildlife Coordination Act Report, Choke Canyon Dam and Reservoir, Nueces River Project, Texas," 1984. Jimmy Bray - RNCNWORK.WPD Page ATTACHMENT A: IMPLEMENTATION PLAN AND TIMETABLE FOR THE RINCON BAYOU DIVERSIONS Submitted to the Texas Natural Resource Conservation Commission Submitted by the City of Corpus Christi and the Nueces River Authority February28, 2001 Jimmy Bray - RNCNWORK.WPD Pag~ 1Ill SCOPE OF WORK Nueces River Overflow Channel Project Project Sponsors -- The City of Corpus Christi and Nueces River Authority Preliminary Engineering: Review the Bureau of Reclamation's original design for the construction of the Nueces River Over[Iow Channel and compare with the "as-built" specifications of the project to assess design changes that might be required or desired. Identify the areal extent of inundation that the design channel would provide in order to define easement/property acquisition requirements for downstream properties. Develop preliminary cost estimates. Prepare information for permitting process. Permitting: Devetop and submit application for state water right associated with diversion of water from the Nueces River into the Rincon Bayou/Nueces Delta area. Identify and apply for permits necessary for construction and operation of the over[Iow channels, O&M on project facilities, etc. (i.e., Section 404 permit?) Land Acquisition: Identify extent of land impacted by project construction and operation. Identify land ownership by tract in impacted areas; conduct title research. Evaluate most appropriate strategy for securing rights to access, develop and inundate impacted properties. Appraise value of various properties/easements. Contact landowners and make offers. Follow up and conclude necessary transactions. Final Engineering Design: Prepare final plans and specifications for Nueces River Over[Iow Channel construction, and ancillary construction in other portions of the project area. Prepare detailed cost estimates. Bidding and Construction: Commit/appropriate requisite funding for project construction based on engineering cost estimates Advertise for Bids; Accept Bids; Evaluate Bids and Identity Low Bid Negotiate and Award Construction Contract(s) Establish and implement construction oversight process, including permit compliance measures Construct project elements Jimmy Bray - RNCNWORK.WPD Page Calallen Pool to Rincon Bayou Water Conveyance Project Project Sponsors -- The City of Corpus Christi and Nueces River Authority Preliminary Engineering: Identify diversion and discharge locations. Identify pipeline/canal alignment and routing. Develop preliminary cost estimates and evaluate alternatives. Prepare information for permitting process. Permitting: Develop and submit application for state water right associated with diversion of water from the Nueces River into the Rincon Bayou/Nueces Delta area. Identify and apply for permits necessary for construction and operation of the diversion, conveyance and discharge structures, O&M on project facilities, etc. (i.e., Section 404 permit?) Land Acquisition: Identify land ownership at diversion site,along conveyance route and at dishcarge site; conduct title research. Evaluate most appropriate strategy for securing rights to construct, operate and maintain project facilities Appraise value of various properties/easements. Contact landowners and make offers. Follow up and conclude necessary transactions. Final Engineering Design: Prepare final plans and specifications for constructionof diversion facilities, pump station, pipeline or canal, and discharge structures, as well as ancillary construction in other portions of the project area. Prepare detailed cost estimates. Bidding and Construction: Commit/appropriate requisite funding for project construction based on engineering cost estimates Advertise for Bids; Accept Bids; Evaluate Bids and Identify Low Bid Negotiate and Award Construction Contract(s) Establish and implement construction oversight process, including permit compliance measures Construct project eJements Project Monitoring: Establish goals and objectives for long-term monitoring of the Rincon Bayou Diversions Design monitoring plan Coordinate monitoring program for the Rincon Bayou Diversions, in connection with existing monitoring efforts in the Nueces Delta (i.e., ongoing monitoring for the City of Corpus Christi Allison Wastewater Diversion Project) Implement monitoring and schedule periodic reviews of monitoring program in context of adaptive management activities 11 Schedule for Implementation of Nueces Delta Water Supply Projects Task 2001 2002 F M A M J J A S O N D J F M A M J J A S O N D Amendment of TNRCC Agreed Order .. .__.__ .___ _ _....__. Rincon Channel Project Permitting (TNRCC USCOE, TPWD/GLO, & others) Preliminary Engineering Land Acquisition Final Design Bidding & Construction Completion Deadline Rincon Pipeline Project Permitting (TNRCC TPWD/GLC TxDOT, USCOE, UPRR, & others) Preliminary Engineering Land Acquisition Final Design Bidding & Construction Completion Deadline Monitoring & Assessment NEAC Work rou Pro ress Meetin s TNRCC Commissioner's Meeting 4/4/01 12/31/01 12/31%2 JH February 20, 2001 PRELIMINARY Notes and Comments